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Full text of "The Federal and State constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or heretofore forming the United States of America"

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©M 



HARVARD LAW SCHOOL 
LIBRARY 



r 



THE FEDERAL AND STATE 

CONSTITUTIONS "" 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



Compiled and Edited 
under the Act of Congress of June 30, 1906 

By 

FRANCIS NEWTON THORPE, Ph. D., LL. D. 

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu- 
tional History at the University of Pennsylvania, 1885-1898; Member of 
the American Historical Association; Author of The Constitutional History 
of the United Sutes, 1765-1895; A (State) Constitutional History of 
the American People, 1776-1850; A Short Constitutional History 
of the United Sutes; A (Social and Economic) History of the 
American People; A History of the Civil War; Editor of the His- 
tory of North America, Volumes IX, XV, XVI, XVIII, XIX, 
XX; Author of The Government of the People of the 
United States; Benjamin Franklin and the University 
of Pennsylvania; The Life of William Pepper, etc. 



VOL II 

Florida— Kansas 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 

1. 



-X 



FEB 6 1932 



FLORIDA 

TEEATT BETWEEN SPAIN AND THE UNITED STATES— 1795 

[This treaty, wHich can be found in volume eight of the Statutes 
at Large, edition of 1848, pages 138-153, provides that : " The south- 
em boundary of the United States, which divides their territory 
from the Spanish colonies of East and West Florida, shall be desig- 
nated by a line beginning on the river Mississippi, at the northern- 
most part of the thirty-first degree of latitude north of the equator, 
which from thence shall be drawn due east to the middle of the river 
Apalachicola, or Catahouche, thence along the middle thereof to its 
junction with the Flint: thence straight to the head of Saint Mary's 
River, and thence down the middle thereof to the Atlantic Ocean." 

It was agreed that a commissioner and a surveyor should be 
appointed bv each of the contracting parties, who should meet at 
Natchez ana proceed to run and mark this boundary; and it was 
further agreed that the two high contracting parties should, by all 
the means in their power, maintain peace and harmony among the 
several Indian nations who inhabit the country adjacent to the lines 
and rivers which formed the boundaries of the two Floridas.] 

TEEATY WITH SPAIN CEDING FLOKIDA— 1819 « 

Treaty of amity, settlement, and limits between the United States of America 
and His Catholic Majesty. 

The United States of America and His Catholic Majesty, desiring 
to consolidate, on a permanent basis, the friendship and good corre- 
spondence which happily prevails between the two parties, have 

a This treaty was concluded February 22, 1819. The ratifications were 
exchanged February 22, 1821, and proclaimed February 22, 1821. By the treaty 
of Saint Ildefonso, made October 1, 1800, Spain had ceded Louisiana to France; 
and France, by the treaty of Paris, signed April 'M), 1803, had ceded it to the 
United States. Under this treaty the United States claimed the countries 
between the Iberville and the Perdido. Spain contended that her cession to 
France comprehended only that territory which, at the time of the cession, was 
denominated Louisiana, consisting of the island of New Orleans, and the country 
which had been originally ceded to her by France west of the Mississippi. Con- 
gress passed a Joint resolution, approved January 15, 1811, declaring that the 
United States, under the i)e<*uliar circumstances of the existing crisis, could not, 
without serious inquietude, see any part of this disputed territory pass into the 
hands of any foreign power; and that a due regard to their own safety com- 
pelled them to provide, under certain c*outingencies, for the temporary occupa- 
tion of the disputed territory ; they, at the same time, declaring that the terri- 
tory should, in their hands, remain subject to future negotiation. An act of 
Congress, approved on the same day, authorized the President to take possession 
of and occupy all or any part of the territory lying east of the river Perdido and 
south of the State of Georgia and the Mississippi Territor>% in case an arrange- 
ment had been, or should be, made with the local authority of the said territory, 
for delivering up the possession of the same, or any part thereof, to the United 
States, or In the event of an attempt to occupy the said territory, or any part 
thereof, by any foreign government 

649 



650 Florida— 1819 

determined to settle and terminate all their differences and preten- 
sions, by a treaty, which shall designate, with precision, the limits of 
their respective bordering territories in North America. 

With this intention the President of the United States has fur- 
nished with their full powers John Quincy Adams, Secretary of State 
of the said United States; and His Catholic Majesty has appointed 
the Most Excellent Lord Don Luis De Onis, Gonzales, Lopez y Vara, 
Lord of the Town of Rayaces, Perpetual Regidor of the Corporation 
of the city of Salamanca, Knight Grand Cross of the Royal American 
Order of Isabella the Catholic, decorated with the Lys of La Vendee, 
Knight Pensioner of the Royal and Distinguished Spanish Order of 
Charles the Third, Member of the Supreme Assembly of the said 
Royal Order ; of the Council of His Catholic Majesty ; his Secretary, 
with Exercise of Decrees, and His Envoy Extraordinary and Minister 
Plenipotentiary near the United States of America. 

And the said Plenipotentiaries, after having exchanged their pow- 
ers, have agreed upon and concluded the following articles : 

Artici^e I 

There shall be a firm and inviolable peace and sincere friendship 
between the United States and their citizens and His Catholic 
Majesty, his successors and subjects, without exception of persons or 
places. 

Article II 

His Catholic Majesty cedes to the United States, in full property 
and sovereigntv, all the territories which belong to him, situated to 
the eastward or the Mississippi, known by the name of East and West 
Florida. The adjacent islands dependent on said provinces, all pub- 
lic lots and squares, vacant lands, public edifices, fortifications, bar- 
racks, and other buildings, which are not private property, archives 
and documents, which relate directly to the property and sovereignty 
of said provinces, are included in this article. The said archives and 
documents shall be left in possession of the commissaries or oflScers 
of the United States, duly authorized to receive them. 

Article III 

The boundary-line between the two countries, west of the Missis- 
sippi, shall begin on the Gulph of Mexico, at the mouth of the river 
Sabine, in the sea, continuing north, along the western bank of that 
river, to the 32d degree of latitude ; thence, by a line due north, to the 
degree of latitude where it strikes the Rio Koxo of Nachitoches, or 
Red River; then following the course of the Rio Roxo westward, 
to the degree of longitude 100 west from London and 23 from 
Washington ; then, crossing the said Red River, and running thence, 
by a line due north, to the river Arkansas; thence, following the 
course of the southern bank of the Arkansas, to its source, in latitude 
42 north ; and thence, by that parallel of latitude, to the South Sea. 
The whole being as laid down in Melish's map of the United States, 

Bublished at Philadelphia, improved to the nrst of January, 1818. 
»ut if the source of the Arkansas River shall be found to fall north 



Florida— 1819 , 651 

or south of latitude 42, then the line shall run from the said source 
due south or north, as the case may be, till it meets the said parallel 
of latitude 42, and thence, along the said parallel, to the South Sea: 
All the islands in the Sabine, and the said Red and Arkansas Rivers, 
throughout the course thus described, to belong to the United States ; 
but the use of the waters, and the navigation of the Sabine to the 
sea, and of the said rivers Roxo and Arkansas, throughout the extent 
of the said boundary, on their respective banks, shall be common to 
the respective inhabitants of both nations. 

The two high contracting parties agree to cede and renounce all 
their rights, claims, and pretensions to the territories described by the 
said line, that is to say : The United States hereby cede to His Catho- 
lic Majesty, and renounce forever, all their rights, claims, and pre- 
tensions, to the territories lying west and south of the above-described 
line; and, in like manner. His Catholic Majesty cedes to the said 
United States all his rights, claims, and pretensions to any territories 
east and north of the said line, and for himself, his heirs, and suc- 
cessors, renounces all claim to the said territories forever. 

Article IV 

To fix this line with more precision, and to place the landmarks 
which shall designate exactly the limits of both nations, each of the 
contracting parties shall appoint a Commissioner and a surveyor, 
who shall meet before the termination of one year from the date of 
the ratification of this treaty at Nachitoches, on the Red River, and 
proceed to run and mark the said line, from the mouth of the Sabine 
to the Red River, and from the Red River to the river Arkansas, and 
to ascertain the latitude of the source of the said river Arkansas, 
in conformity to what is above agreed upon and stipulated, and the 
line of latitude 42, to the South Sea : they shall make out plans, and 
keep journals of their proceedings, and the result agreed upon by 
them shall be considered as part of this treaty, and shall have the 
same force as if it were inserted therein. The two Governments 
will amicably agree respecting the necessary articles to be furnished 
to those persons, and also as to their respective escorts, should such be 
deemed necessary. 

Article V 

The inhabitants of the ceded territories shall be secured in the free 
exercise of their religion, without any restriction ; and all those who 
may desire to remove to the Spanish dominions shall be permitted 
to sell or export their effects, at any time whatever, without being 
subject, in either case, to duties. 

Article VI 

The inhabitants of the territories which His Catholic Majesty 
cedes to the United States, by this treaty, shall be incorporated in 
the Union of the United Stat^ as soon as may be consistent with the 
principles of the Federal Constitution, and admitted to the enjoy- 
ment of all the privileges, rights, and immunities of the citizens of the 
United States. 



I 



652 FloricUi—1819 

Article VII 

The officers and troops of His Catholic Majesty, in the territories 
hereby ceded by him to the United States, shall be withdrawn, and 
possession of the places occupied bjr them shall be given within six 
months after the exchange of the ratifications of this treaty, or sooner 
if possible, by the officers of His Catholic Majesty to the commis- 
sioners or officers of the United States duly appointed to receive 
them ; and the United States shall furnish the transports and escort 
necessary to convey the Spanish officers and troops and their baggage 
to the Havana. 

Article VIII 

AH the grants of land made before the 24th of January, 1818, by 
His Catholic Majesty, or by his lawful authorities, in the said terri- 
tories ceded by His Majesty to the United States, shall be ratified and 
confirmed to the persons in possession of the lands, to the same extent 
that the same grants would be valid if the territories had remained 
under the dominion of His Catholic Majesty. But the owners in pos- 
session of such lands, who, by reason of the recent circumstances of 
the Spanish nation, and the revolutions in Europe, have been pre- 
vented from fulfilling all the conditions of their grants, shall complete 
them within the terms limited in the same, respectively, from the 
date of this treaty ; in default of which the said grants shall be null 
and void. All grants made since the said 24th of January, 1818, 
when the first proposal, on the part of His Catholic Majesty, for the 
cession of the Floridas was maae, are hereby declared and agreed to 
be null and void. 

Article IX 

The two high contracting parties, animated with the most earnest 
desire of conciliation, and with the object of putting an end to all 
the diflFerences which have existed between them, and of confirming 
the good understanding which they wish to be forever maintained 
between them, reciprocally renounce all claims for damages or 
injuries which they, themselves, as. well as their respective citi- 
zens and subjects, may have suffered until the time of signing this 
treaty. 

The renunciation of the United States will extend to all the injuries 
mentioned in the convention of the 11th of August, 1802. 

2. To all claims on account of prizes made by French privateers, 
and condemned by French Consuls, within the territory and jurisdic- 
tion of Spain. 

3. To all claims of indemnities on account of the suspension of the 
right of deposit at New Orleans in 1802. 

4. To all claims of citizens of the United States upon the Govern- 
ment of Spain, arising from the unlawful seizures at sea, and in the 
ports and territories of Spain, or the Spanish colonies. 

5. To all claims of citizens of the United States upon the Spanish 
Government, statements of which, soliciting the interposition of the 
Government of the United States, have been presented to the Depart- 
ment of State, or to the Minister of the United States in Spain, since 



Florida- 1819 653 

the date of the convention of 180'i. and until the signature of this 
treaty. 

The renunciation of His Catholic Majesty extends — 

1. To all the injuries mentioned in the convention of the 11th of 
August, 1802. 

2. To the sums which His Catholic Majesty advanced for the return 
of Captain Pike from the Provincias Internas. 

3. To all injuries caused by the expedition of Miranda, that was 
fitted out and equipped at New York. 

4. To all claims of Spanish subjects upon the Government of the 
United States arizing from unlawful seizures at sea, or within the 
ports and territorial jurisdiction of the United States. 

Finally, to all the claims of subjects of His Catholic Majesty upon 
the Government of the United States in which the interposition of 
his Catholic Majesty's Government has been solicited, before the date 
of this treaty and since the date of the convention of 1802, or which 
may have been made to the department of foreign affairs of His 
Majesty, or to his Minister of the United States. 

And the high contracting parties, respectively, renounce all claim 
to indemnities for any of the recent events or transactions of their 
respective commanders and officers in the Floridas. 

The United States will cause satisfaction to be made for the 
injuries, if any, which, by process of law, shall be established to have 
been suffered by the Spanish oiRcers, and individual Spanish inhabit- 
ants, by the late operations of the American Army in Florida. 

Articlk X 

The convention entered into between the two Governments, on the 
11th of August, 1802, the ratifications of which were exchanged the 
21st December, 1818, is annulled. 

Article XI 

The United States, exonerating Spain from all demands in future, 
on account of the claims of their citizens to which the renunciations 
herein contained extend, and considering them entirely cancelled, 
undertake to make satisfaction for the same, to an amount not 
exceeding five millions of doUai-s. To ascertain the full amount and 
validity of those claims, a commission, to consist of three Commis- 
sioners, citizens of the United States, shall be appointed by the 
President, by and with the advice and consent of the Senate, which 
commission shall meet at the city of Washington, and, within the 
space of three years from the time of their first meetino:, shall receive, 
examine, and decide upon the amount and validity of all the claims 
included within the descriptions above mentioned. The said Com- 
missioners shall take an oath or affirmation, to be entered on the 
record of their proceedings, for the faithful and diligent discharge 
of their duties; and, in case of the death, sickness, or necessary 
absence of any such Commissioner, his place may be supplied by the 
appointment, as aforesaid, or by the President of the United States, 
during the recess of the Senate, of another Commissioner in his stead. 
7251— VOL 1--07 44 



654 Florida— 1819 

The said Commissioners shall be authorized to hear and examine, on 
oath, every question relative to the said claims, and to receive all 
suitable authentic testimony concerning the same. And the Spanish 
Government shall furnish all such documents and elucidations as 
may be in their possession, for the adjustment of the said claims, 
according to the principles of justice, the laws of nations, and the 
stipulations of the treaty between the two parties of 27th October, 
1795; the said documents to be specified, when demanded, at the 
instance of the said Commissioners. 

The payment of such claims as may be admitted and adjusted by 
the said Commissioners, or the major part of them, to an amount 
not exceeding five millions of dollars, shall be made by the United 
States, either immediately at their Treasury, or by the creation of 
stock, bearing an interest of six per cent, per annum, payable from 
the proceeds of sales of public lands within the territories hereby 
ceded to the United States, or in such other manner as the Congress 
of the United States may prescribe by law. 

The records of the proceedings of the said Commissioners, together 
with the vouchers and documents produced before them, relative to 
the claims to be adjusted and decided upon by them, shall, after the 
close of their transactions, Ik* deposited in the Department of State 
of the United States; and copies of them, or any part of them, shall 
be furnished to the Spanish Government, if required, at the demand 
of the Spanish Minister in the United States. 

Article XII 

The treaty of limits and navigation, of 1795, remains confirmed in 
all and each one of its articles excepting the 2, I^ 4, 21, and the second 
clause of the 22d article, which, having been altered by this treaty, 
or having receivt^d their entire execution, are no longer valid. 

AVith resi)ect to the loth article of the same treaty of friendship, 
limits, and navigation of 171)5, in which it is stipulated that the flag 
shall cover the pioperty, the two high contracting parties agree that 
this shall l>e so understood with respect to those powers who recog- 
nize this principle; but if either of the two contracting parties shall 
be at war with a third party, and the other neutral, the flag of the 
neutral shall cover the property of enemies whose government ac- 
knowledge this principle, and not of others. 

Article XIII 

Both contracting parties, wishing to favor their mutual commerce, 
by afl'ording in their ports every necessary assistance to their respec- 
tive merchant- v€*ssels, have agreed that the sailors who shall desert 
from their vessels in the ports of the other, shall be arrested and 
delivered up, at the instance of the consul, who shall prove, neverthe- 
less, that the deserters belonged to the vessels that claimed them, ex- 
hibiting the document that is customary in their nation : that is to say, 
the American Consul in a Spanish i)ort shall exhibit the document 
known by the name of articles, and the Spanish Consul in American 
poits the roll of the vessel; and if the name of the deserter or de- 



Flonda—1819 655 

serters who are claimed shall api>ear in the one or the other, they 
shall be arrested, held in custody, and delivered to the vessel to which 
they shall belong. 

Article XIV 

The United States hereby certify that they have not received any 
compensation from France for the injuries they suffered from her 
privateers. Consuls, and tribunals on the coasts and in the ports of 
Spain, for the satisfaction of which provision is made by this treaty; 
and they will present an authentic statement of the prizes made, and 
of their true value, that Spain may avail herself of the same in such 
manner as she may deem just and proper. 

Akth'le XV 

The United States, to give to His Catholic Majesty a proof of their 
de-sii-e to cement the relations of amity subsistmg between the two 
nations, and to favor the commerce of the subjects of His Catholic 
Majesty, agree that Spanish vessels, coming laden only with produc- 
tions of Spanish growth or manufactures, directly from the ports of 
Spain, or of her colonies, shall be admitted, for the term of twelve 
yeai's, to the ports of Pensacola and St. Augustine, in the Floridas, 
without paying other or higher duties on their cargoes, or of tonnage, 
than will be paid by the vessels of the United States. During the 
said term no other nation shall enjoy the vsame privileges within the 
ceded territories. The twelve years shall commence three months 
after the exchange of the ratifications of this treaty. 

Article XVI 

The present treaty shall Ik? ratified in due form, by the contracting 
parties, and the ratifications shall l)e exchanged in six months from 
this time, or sooner if possible. 

In witness whereof we, the underwritten Plenipotentiaries of the 
United States of America and of His Catholic Majesty, have signed, 
by virtue of our powers, the pi*esent treaty of amity, settlement, and 
limits, and have thereunto affixed our seals, respectively. 

Done at Washington this twenty-second day of February, (me 
thousand eight hundred and nineteen. 



John Quincy xVdams. 
Luis de Onis. 



L. s. 
L. s. 



656 Florida— 1819 

TEMPORARY GOVERNMENT OF FLORIDA— 1819 « 

1 Fifteenth Congrkss, Second Session] 

An Act to authorize the President of the United States to take fiossession of 
East and West Florida, and establish a temjwrary j2jovemment therein. 

Be it enacted hy the Senate and Uouse of Representatives of the 
United States of America in Congress assembled^ That the President 
of the United States be, and he is hereby, authorized to take pos- 
session of, and occupy, the territories of East and West Florida, and 
the appendages and appurtenances thereof; and to remove and trans- 
port the officers and soldiers of the king of Spain, being there, to 
the Havana, agreeably to the stipulations of a treaty between the 
United States and Spain, executed at Washington, on the twenty- 
second day of February, in the year one thousand eight hundred and 
nineteen, providing for the cession of said territories to the United 
States; and he may, for these purposes, and in order to maintain in 
said territories the authority of the United States, employ any part 
of the army and navy of the United States, and the militia of any 
state or territory which he may deem necessary. 

Sec. 2. And be it further enacted^ That, until the end of the first 
session of the next Congress, unless provision for the temporary gov- 
ernment of said territories be sooner made by Congress, all the mili- 
tary, civil, and judicial, powers, exercised bv the officers of the exist- 
ing government of the same territories, shall be vested in such person 
and persons, and shall be exercised in such manner, as the President 

a For other statutes of an organic nature relating to Florida subsequent to 
1810 see the act to protest against occupation of Florida by any other power, 
joint resolution of January 15, 1811 ; to authorize the president to occupy 
Florida, January 15, 1811 ; to authorize the president to take possession of 
certain territory, March 3. 1811 ; to authorize the president to take i>o8ses8ion 
of West Florida, February 12, 1812 (all these resolutions are printed In Statutes 
at Large 111, 471-472, under year 1818) ; to establish a government In. act of 
March 3, 1821; to regulate commerce and trade in, March 30, 1822; to relieve 
the i)eople from certain ordinances. May 7, 1822; to amend act establishing a 
government, March 3, 1823: to settle claims arising In, March 3, 182,3; to con- 
sent to an act of Florida levying a i)oIl-tax, April 22, 1824; to reorganize the 
courts of. May 2r>, 1824 ; to settle land claims and provide for the preservation 
of public archives, March 3. 1825; to reorganize courts and provide for ele(»tive 
legislative council. May 15. 1S2(» ; to provide for erection of election districts, 
April 28, 1828; to establish a southern judicial district. May 23, 1828; to Rive 
citizens right to elect officers, and to ai)i>ortlon meml>ers of legislative councU. 
January 21, 1820; to erect a town on school lands, March 2, 1820; to authorise 
governor to apiK)lnt to certain vacancies. May 8, 18.30; to alter time of holding 
sessions of legislative council. May 14, 18.30; to elect additional members of 
the legislative council, March 22, 1832 ; to fix jurisdiction of court of appeals. 
July 14, 1832 ; to equalize representation in, June 18, 1834 ; to Increase salaries 
of judges, June 30, 1834; repeal of Florida act laying tax on slaves of non- 
residents. June 30, 1834; to regulate sessions of courts. February 2.5, 183(>; to 
disapprove and annul certain acts of legislature of Florida, July 1, 1836; to 
confirm a Florida act incori)oratlng a railroad, June 28, 18.38; to reorganize 
the legislative council, establishing two houses called senate and house of repre- 
sentatives. July 7, 18:^S; to authorize legislature to regulate apportionment of 
representatives, and to i)rovide for ix)pnlar election of justices of the peace and 
militia officers. June 15. 1844: to supplement the act for the admission of 
Florida and Iowa into the union, March 3, 1845. 



Florida— 18^^ 657 

of the United States shall direct, for the maintaining the inhabit- 
ants of said territories in the fre<^ enjoyment of their lilx^rty, prop- 
erty, and religion; and the laws of the United States, relative to 
the collection of revenue, and the importation of persons of colour, 
shall be extended to the said territories; and the President of the 
United States shall be, and he is hereby, authorized, within the 
term aforesaid, to establish such districts, for the collection of the 
revenue, and, during the recess of Congi-ess, to appoint such officer's, 
whose commissions shall expire at the end of the next session of 
Congress, to enforce the said laws, as to him shall seem expedient. 

Sec, 3. And he it further en^cted^ That the sum of twentj thou- 
sand dollars is hereby appropriated for the purpose of carrying this 
act into effect, to be paid out of any moneys in the treasury not 
otherwise appropriated, and to be applied under the direction of the 
President of the United States. 

Sec. 4. And he it further enacted^ That this act shall take effect, 
and be in force, whenever the aforesaid treaty, providing for the 
cession of said territories to the United States, shall have been rati- 
fied by the king of Spain, and the ratifications exchanged, and the 
king of Spain shall be ready to surrender said territory to the United 
States, according to the provisions of said treaty. 

Approved, March 3, 1819. 



TEBBTTOBIAL OOVERNMENT OF FLOBIBA— 1822 

[Seventeenth Congress, First Session] 
An Act for the estabUshment of « territorial government in Florida « 

Be it enacted hy the Senate and limine of Representatives of the 
United States of America in Congress assembled^ That all that terri- 
tory ceded by Spain to the United States, known by the name of East 
and West Florida, shall constitute a territory of the United States, 
under the name of the territory of Florida, the government whereof 
shall be organized and administered as follows: 

Sec. 2. And he it further enacted^ That the executive power shall 
be vested in a governor, who shall reside in the said territory, and 
hold his oflSce ouring the term of three years, unless sooner removed 
by the President or the United States. He shall be commander- 
in-chief of the militia of the said territory, and be ex-officio super- 
intendent of Indian affairs; and shall have power to grant par- 
dons for offences against the said territory, and reprieves for those 
against the United States, until the decision of the President of the 
United States thereon shall be made known ; and to appoint and com- 
mission all officers, civil and of the militia, whose appointments arc 
not herein otherwise provided for, and which shall be established by 
law ; he shall take care that the laws be faithfully executed. 

« Tills act was amended by acts approved March 28, 1828; Mav 2(\. 1824: 
May 15. 1820: Ai)ril 28. 1828; January 1. 1829; March 22, IS-TJ; July 14, 1S:{2; 
and June 18, 18.H4. 



658 FloH(la—lS22 

Sec. 3. And he It further enacted. That tho sc^cretary of tlu» terri- 
tory shall also l^e appointed, Avho shall hold his office during the term 
of four years, unless sooner removed by the President of the I'^iiiteil 
States; whose duty it shall be, under the direction of the governor, to 
record and preserve all the papers and proceedings of the executive, 
and all the acts of the governor and legislative council, and transinit 
authentic copies of the proceedings of the governor, in his executive 
department, every six months, to the President of the United States. 

OEC. 4. And he it further enacted^ That, in case of the death, 
removal, resignation, or necessary absence, of the governor of the said 
territory, the secretary thereof shall be, and he is hereby, authorized 
and required to execute all the powers, and perform all the duties, 
of the governor, during the vacancy occasioned by the removal, 
resignation, or necessary absence, of tjfie said governor. 

Sec. 5. And he it further enacted^ That the legislative power shall 
be vested in the governor, and in thirteen of the most fit and discreet 
persons of the territory, to l)e called the legislative council, who shall 
be appointed annually, l)v the President or the ITnited States, by and 
with the advice and consent of the Senate, from among the citizens 
of the ITnited States re.siding there. The governor, by and with the 
advice and consent of the said legislative council, or a majority of 
them, shall have power to alter, modify, or repeal the laws which 
may be in force at the commencement of this act. Their legislative 
powers shall also extend to all the rightful subjects of legislation; 
but no law shall be valid which is inconsistent with the constitution 
and laws of the United States, or which shall lay any person under 
restraint, burthen, or disability, on account of his religious opinions, 
professions, or worship; in all which he shall be free to maintain his 
own, and not burthened with those of another. The governor shall 
publish, throughout the said territory, all the laws which shall be 
made, and shall, on or before the first day of December in each year, 
report the same to the President of the United States, to be laid 
l)efore Congress, which, if disapproved by Congress, shall thence- 
forth l>e of no force. The governor and legislative council shall have 
no power over the primary disposal of the soil, nor to tax the lands 
of the United States, nor to interfere with the claims to lands within 
said territory: the legislative council shall hold a session once in 
each year, commencing its first session on the second Monday of June 
next, at Pensacola, and continue in session not longer than two 
months; and thereafter on the first Monday in May, in each and 
every year; but shall not continue longer in seasion than four weeks: 
to be held at such place in said territory as the governor and council 
shall direct. It shall l)e the duty of the governor to obtain all the 
information in his power in relation to the customs, habits, and dis- 
positions, of the inhabitants of the said territory, and communicate 
the same, from time to time, to the President of the United States. 

Sec. 0. And he it further enacted^ That the judicial power shall be 
vested in two superior courts, and in such inferior courts and justices 
of the peace, as the legislative council of the territory may, from time 
to time, establish. There shall be a superior court for that part of the 
territory known as East Florida, to consist of one judge; he shall 
hold a court on the first Mondays in January, April, July, and Octo- 
ber, in each year, at St. Augustine, and at such other times and jjlaces 



Fhruh—isn 050 

as the legislative council shall direct. There shall be a superior court 
for that part of the territory known as West Florida, to consist of one 
judge; he shall hold a court at Pensacola on the first Mondays in 
January, April, July, and October, in each year, and at such other 
times and places as the legislative council shall direct. Within its 
limits, herem described, each court shall have jurisdiction in all crim- 
inal cases, and exclusive jurisdiction in all capital cases, and original 
jurisdiction in all civil cases of the value of one hundred dollars, 
arising under, and cognisable by, the laws of the territory, now of 
force therein, or which may, at any time, be enacted by the legislative 
council thereof. Each judge shaU appoint a clerk for his respective 
court, who shall reside, respectively, at St. Augustine and Pensacola, 
and they shall keep the records there. Each clerk shall receive for his 
services, in all cases arising under the territorial laws, such fees as 
may be established bv the legislative council. 

Sec. 7. And he it further enacted^ That each of said superior courts 
shall, moreover, have and exercise the same jurisdiction within its 
limits, in all cases arising under the laws and constitution of the 
United States, which, by an act to establish the judicial power 
[courts] of the United States, approved the twenty-fourth day of 
September, one thousand seven hundred and eighty-nine, and "An 
act in addition to the act, entitled 'An act to establish the judicial 
courts of the United States,'" approved the second day of March, 
one thousand seven hundred and ninety-three, was vested in the court 
of the Kentucky district. And writs of error and appeal from the 
decisions in the said superior court, authorized by this section of this 
act, shall be made to the Supreme Court of the United States, in the 
same cases, and under the same regulations, as from the circuit courts 
of the United States. The clerks, respectively, shall keep the records 
at the places where the courts are held, and shall receive, in all cases 
arising under the laws and constitution of the United States, the same 
fees which the clerk of the Kentucky district received for similar 
services, whilst that court exercised the powers of the circuit and 
district courts. There shall be appointed, in the said territory, two 
persons learned in the law, to act as attorneys for the United States 
as well as for the territory; one for that part of the territory known 
as East Florida, the other for that part of the territory known as 
West Florida: to ea^h of whom, in addition to his stated fees, shall 
be paid, annually, two hundred dollars, as a full compensation for all 
extra services. There shall also be appointed two marshals, one for 
each of the said superior courts, who shall each perform the same 
duties, be subject to the same regulations and penalties, and be 
entitled to the same fees, to which marshals in other districts are 
entitled for similar services ; and shall, in addition, be paid the sum 
of two hundred dollars, annually, as a compensation for all extra 
services. 

Sec 8. And he it further enacted^ That the governor, secretary, 
judges of the superior courts, district attorneys, marshals, and all 
general officers or the militia, shall be appointed by the President of 
the United States, by and with the advice and consent of the Senate. 
All judicial officers shall hold their offices for the term of four years, 
and no longer. The governor, secretary, judges, members of the leg- 
islative council, justices of the peace, and all other officers, civil and 
of the militia, before they enter upon the duties of their respective 



660 Flanda—1822 

offices, shall take an oath or affirmation to support the constitution 
of the United States, and for the faithful discharge of the duties of 
their office ; the governor, before the President of the United States, 
or before a judge of the Supreme or district court of the United 
States, or before such other person as the President of the United 
States shall authorize to admmister the same; the secretary, judges, 
and members of the legislative council, before the governor, and all 
other officers, before such persons as the governor shall direct. Tlie 
governor shall receive an annual salary or two thousand five hundred 
doUars; the secretary, of one thousana five hundred dollars; and the 
judges, of one thousand five hundred dollars, each; to be paid quarter 
3^early out of the treasury of the United States. The meml^ers of the 
legislative council shall receive three dollars each, per day, during 
their attendance in council, and three dollars for every twenty miles 
in going to, and returning from any meeting of the legislative council, 
once in each session, and no more. The members of the legislative 
council shall be privileged from arrest, except in cases of tre^ison, 
felony, and breach of the peace, during their going to, attendance at, 
and returning from, each session of said council. 

Sec. 9. And he it further enacted^ That the following acts, that is 
to say: 

"An act for the punishment of certain crimes against the United 
States," approved April thirtieth, one thousand seven hunderd and 
ninety, and all acts in addition or supplementary thereto, which are 
now m force: 

"An act to provide for the punishment of [certain] crimes and 
offences committed within the Indian boundaries," approved March 
third, one thousand eight hundred and seventeen : 

"An act in addition to the act for the punishment of certain crimes 
against the United States, and to repeal the acts therein mentioned,'' 
approved April twentieth, one thousand eight hundred and eighteen : 
"An act for the punishment of [certain] crimes therein si>ecified,'' 
approved January thirtieth, one thousand seven hundred and ninety- 
nine: 

"An act respecting fugitives from justice, and persons escaping 
from the service of their masters," approved tAvelfth February, one 
thousand seven hundred and ninety-three : 

"An act to prohibit the carrying on the slave ^^ ade from the United 
States to any foreign place or country," approved March twenty- 
second, one thousand seven hundred and ninety-nine [four:] 

"An act in addition to the act entitled 'An act to prohibit the carry- 
ing on the slave trade from the United States to any foreign place or 
country,' " approved May tenth, one thousand eight hundred : 

"The act to prohibit the importation of slaves into any port or 
place within the jurisdiction of the United States, from and after the 
first day of January, in the year of our I^rd one thousand eight hun- 
dred and eight," approved March second, one thousand eight hundred 
and seven : 

"An act to prevent settlements l)eing made on lands ceded to the 
United States until authorized by law," approved March third, one 
thousand eight hundred ajid seven : 

"An act in addition to 'An act to prohibit the importation of slayi»< 
into ajiv port or place within the jurisdiction of the United States, 



Florida— 18^2 661 

from and after the first day of January, in the year of our I^rd one 
thousand eight hundred and eight, and to rei^eal certain parts of the 
same.' " approved April twentieth, one thousand eight hundred and 
eighteen : 

"An act in addition to the acts prohibiting the slave trade," ap- 
proved March third, one thousand eight hundred and nineteen : 

"An act to establish the post-office of the United States: " 

"An act further to alter and establish certain post-roads, and for 
the more secure carriage of the mail of the United States: " 

"An act for the more general promulgation of the laws of the 
United States:" 

'*An act in addition to an act, entitled 'An act for the more general 
promulgation of the laws of the United States: ' " 

-"An act to provide for the publication of the laws of the United 
States, and for other purposes : ' 

"An act to promote the progress of useful arts, and to repeal the act 
heretofore made for that purpose : " 

"An act to extend the privilege of obtaining patents for useful dis- 
coveries and inventions to certain persons therein mentioned, and to 
enlarge and define the penalties for violating the rights of patentees: " 

"An act for the encouragement of learning, by securing the copies 
of maps, charts, and books, to the authors and proprietors of such 
copies, during the time therein mentioned : " 

" The act supplementary thereto, and for extending the benefits 
thereof to the arts of designing, engraving, and etching, historical, 
and other prints : " 

"An act to prescribe the mode in which the public acts, records, 
and judicial proceedings, in each State, shall he authenticated, so as 
to take effect in any other State : " 

"An act supplementary to the act, entitled 'An act to prescribe the 
mode in which the public acts, records, and judicial proceedings, in 
each State shall be acknowledged, so as to take effect in any other 
State:'" 

"An act for establishing trading-houses with the Indian tribes," 
and the several acts continuing the same: 

"An act making provision relative to rations for Indians, and their 
visits to the seat oi government." 

And the laws of the United States relating to the revenue and its 
collection, subject to the modification stipulated by the fifteenth ' 
article of the treaty of the twenty-second February, one thousand 
eight hundred and nine, in favor of Spanish vessels and their car- 
goes; and all other public laws of the United States, which are not 
repugnant to the provisions of this act, shall extend to, and have full 
force and effect in, the territory aforesaid. 

Sec. 10. And he it further enacted^ That, to the end that the inhab- 
itants may be protected in their liberty, property, and the exercise of 
their religion, no law shall ever be valid which shall impair, or in 
any Avay restrain, the freedom of religious opinions, professions, or 
worship. They shall be entitled to the benefit of the writ of habeas 
corpus. They shall be bailable in all cases, except for capital offences, 
where the proof is evident or the presumption great. All fines shall 
be moderate, and proportioned to the offence; and excessive bail shall 
not be required, nor cruel nor unusual punishments inflicted. No 



062 Flori(h~1845 

ex post facto lawj or law impairing the obligation of contracts, shall 
ever be passed; nor shall private property be taken for public iise> 
without just compensation. 

Sec. 11. And be It further enacted^ That all free male white per- 
sons, who are housekeepers, and who shall have resided one year, at 
least, in the said territory, shall be qualified to act as grand and j>etit 
jurors in the courts of the said territory; and they shall, until the 
legislature thereof shall otherwise direct, be selected in such manner 
as the judges of the said courts shall respectively prescribe, so as to 
be most conducive to an impartial trial, and to be least burthensome 
to the inhabitants of the said territory. 

Sec. 12. And be it further enacted^ That it shall not be lawful for 
any person or persons to import or bring into the said territory, from 
any port or place without the limits oi the United States, or cause 
or procure to be so imported or brought, or knowingly to aid or 
assist in so importing or bringing, any slave or slaves. And every 
person so offending, and being thereof convicted before any court 
within the said territory, having competent jurisdiction, shall forfeit 
and pay, for each and every slave so imported or brought, the sum of 
three hundred dollars, one moiety for the use of the United States, 
and the other moiety for the use of the person or persons who shall 
sue for the same ; and every slave so imported or brought shall there- 
upon become entitled to, and receive, his or her freedom. 

Sec. 13. And be it further enacted^ That the laws in force in the 
said territory, at the commencement of this act, and not inconsistent 
with the provisions thereof, shall continue in force until altered, 
modified, or repealed, by the legislature. 

Sec. 14. And be it further enacted^ That the citizens of the said 
territory shall be entitled to one delegate to Congress, for the said 
territory, who shall possess the same powers heretofore granted to the 
delegates from the several territories of the United States. The said 
delegate shall be elected by such description of persons, at such times, 
and under such regulations, as the governor and legislative council 
may, from time to time, ordain and direct. 

Approved, March 80, 18:>!>. 

ENABLING ACT FOR FLORIDA— 1845 

[Sevkntkenth (^ongress, First Session | 
An Act for the admission of the States of Iowa and Florida into the Union 

\Vhereas, 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 Tlouse of Representatives of the 
United States of America in Congress assembled^ That the States of 



Fhrida—lSJ/) 003 

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, what- 
soever. 

Sec. 2. And he 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 pass- 
ing through the mouth of the Mankato, or Blue-Earth river; thence 
west, along the said parallel of latitude, to a point where it is inter- 
sected by a meridian line, seventeen degrees and thirty minutes west 
of the meridian of Washington city ; thence due south lo 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 he 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 low^a, 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 high- 
ways, 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 he 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 eight- 
een nundred and forty-four, or l)v 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 mto the Union, on an equal footing in all 
respects whatever with the original States, shall be considered as 
complete. 

Sec. 5. And he 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 he 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 Represent- 
atives of the United States. 

Sec. 7. And he 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 remain- 
ing the property of the United States: Provided That the ordinance 



664 Florida— 1838 

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— 1838 « 

We, the people of the Territory of Florida, by our delegates in con- 
vention, assembled at the city of Saint Joseph, on Monday, the 3d day 
of December, A. D. 1838, and of the Independence or the Unitecl 
States the sixty-third year, having and claiming the right of admis- 
sion 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 prop- 
erty, and the pursuit of happiness, do mutually agree, each with tne 
other, to form ourselves into a free and independent State, by the 
name of the State of Florida. 

Article I 

DECLARATION OF RIGHTS 

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

Section 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. 

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 wor- 
ship Almighty God according to the dictates.of their own conscience; 
and that no preference shall ever be ^ven by law to any religious 
establishment or mode of worship in this State. 

Sec. 4. That all elections shall be free and equal, and that no prop- 
erty 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 responsiWe 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. 

« This ronstitution was frameci by a convention which met December 3, 1838, 
and adjourned .Tanuary 11, 1839. It was not submitted to the people. 



Florida— 1838 665 

Sec. 6. That the right of trial by jury shall forever remain invio- 
late. 

Sec, 7. That the people shall be secure in their persons, houses, 
papers, and possessions from unreasonable seizures and searches; and 
that no Avarrant 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, disseized of 
his freehold, liberties, or outlawed, or exiled, or in any manner de- 
stroyed, or deprived of his life, liberty, or property, but by the law of 
the land. 

Sec. 9. That all courts shall be open, and every person, for an 
injurv 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 presump- 
tion strong ; and the privilege of habeas corjnis 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 or limb. 

Sec. 14. That private property shall not be taken or applied to pub- 
lic use unless just compensation be made therefor. 

Sec. 15. That in all prosecutions and indictments for libel the truth 
nnay 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. 

Sec. 17. That no conviction shall work corruption of blood or for- 
feiture of estate. 

. Sec. 18. That retrospective laws, punishing acts committed before 
the existence of such laws, and by them only declared penal or crim- 
inal, are oppressive, unjust, and incompatible with liberty; where- 
fore, no ex post facto law shall ever be made. 

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

Sec. 20. That the people have a right, in a peaceable manner, to 
assemble together to consult for the common good, and to apply to 



666 Florida— 1888 

those invested with the powers of government for redress of griev- 
ances, or other proper purposes, by petition, address, or remonstrance. 

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

Sec. 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. 

Sec. 23. That no standing army shall be kept up without the con- 
sent of the legislature ; and the military shall in all cases and at all 
times be in strict subordination to the civil power. 

Sec. 24. That perpetuities and monopolies are contrary to the gen- 
ius of a free State, and ought not to be allowed. 

Sec. 25. That no hereditary emoluments, privileges, or honors, sliall 
ever be gi-anted or conferred in this State. 

Sec. 2G. That frequent recurrence to fundamental principles is 
absolutely necessary to preserve the blessings of liberty. 

Sec. 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 powers of government, and shall forever remain invio- 
late; and that all laws contrary thereto, or to the following provi- 
sions, 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 
(!(mfided 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 pei*son, or collection of persons, beinff 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 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 quali- 
fied electors, at the time and place where they shall vote for repre- 
sentatives, and shall remain in office until a successor be chosen and 
qualified; and shall not be eligible to reelection until the expiration 
of four years thereafter. 

Sec. 3. No i)erson 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 ado])tion of this constitution, (l)eing » citizen of the United 
States,) and shall have been a resident of Florida at least five years 
next ])receding the day of elcM^tion. 

Sec. 4. The retnnis of every election for governor shall Ih^ sealed 
up and transmitted to the seat of government, directed to the sj)eaker 



Florida— 1838 667 

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 havmg 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. 

Sec. 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. 

Sec. 6. He shall be commander-in-chief of the army and navy of 
this State, and of the militia thereof. 

Sec. 7. He may require information, in writing, from the officei*s 
of the executive department, on any subject relating to the duties of 
their respective offices. 

Sec. 8. He may, by proclamation, 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 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 des- 
ignated by this constitution. 

Sec. 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. 

Sec. 10. He shall take care that the laws be faithfullv executed. 

Sec. 11. In all criminal and penal cases, (except or treason and 
impeachment,) after conviction, he shall have power to grant 
reprieves and pardons, and remit fines and forfeitures, under such 
niles 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 gi*ant 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. 

Sec. 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 gov- 
ernor 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. 

Sec. 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 secretarv of state. 

Sec. 14. There shall be a secretary or 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, lav the same, and all papers, minutes, and vouchers relative 
thereto, before the general assemhly, and shall perform such other 
duties as mav be required of him by law. 

Sec. 15. Vacancies tliat happen iii offices, the appointment to which 
is vested in the general assembly, or oriven to the governor, Avith the 
advice and consent of the senate, shall be filled by the governor dur- 



668 Florida— 1838 

ing the recess of the general assembly, by granting commissions. 
Avhich shall expire at the end of the next session. 

Sec. 16. Every bill, which shall have passed both house^s of the 
general assembly, shall be presented to the governor; if he approve, 
he shall sign it ; but if not, he shall return it with his objections to 
tlie house in which it shall have originated, who shall enter the objec- 
tions 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 recon- 
sidered ; 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 l)e returned by the gov- 
ernor 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 l^e a law. 

Sec. 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. 

Sec. 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. 

Sec. 19. If, during the vacancy of the office of governor, the presi- 
dent 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 gov- 
ernment. 

Sec. 20. The president of the senate, or speaker of the house of 
representatives, during the time he administers the government, shall 
receive the same compensation which the governor would have 
received. 

Sec. 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. 

Sec. 22. No person shall hold the office of governor, and any other 
office or commission, civil or military, either in this State, or under 
any State, or the United States, or any other power, at one and the 
same time, except the president of the senate or the speaker of the 
house of representatives, when he shall hold the office, as aforesaid. 

Sec. 23. A State treasurer, and comptroller of public accounts, shall 
be elected by joint vote of both houses of the general assembly, at each 
regular session thereof. 



Florida— 1838 669 

Article IV 

LEGISLATI\TB DEPARTMENT 

Section 1. The legislative power of this State shall be vested in 
two distinct branches, the one to be styled the senate, the other the 
house of representatives, and both together " the general assembly 
of the State of Florida ; " and the style of the laws shall be, "' Be it 
enacted by the senate and house of representatives of the State of 
Florida in general assembly convened." 

Sec. 2. The members of the house of representatives shall be chosen 
by the qualified voters, and shall serve for the term of one year, from 
the day of the commencement of the general election, and no longer ; 
and the sessions of the general assembly shall be annual, and com- 
mence on the fourth Mondav in Novemoer in each year, or at such 
other time as may be prescribed by law. 

Sec. 3. The representatives shall be chosen every jear, on the first 
Monday in the month of October, until otherwise directed by law. 

Sec. 4. No person shall be a representative unless he be a white 
man, a citizen of the United States, and shall have been 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 have attained the age of twenty-one years. 

Sec. 5. The senators shall be chosen by the qualified electors, for 
the term of two years, at the same time, in the same manner, and in 
the same places where they vote for members of the house of repre- 
sentatives ; and no man shall be a senator unless he be a white man, 
a citizen of the United States, and shall have 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. 

Sec. 6. The senators, after their first election, shall be divided by 
lot into two classes; and the seats of the senators of the first class 
shall be vacated at the expiration of the first year, and of the second 
class at the expiration of the second year; so that one-half thereof, as 
near as possible, may l>e chosen forever thereafter, annually, for the 
term of two years. 

Sec. 7. The house of representatives, when assembled, shall choose 
a speaker, and its other officers; and the senate a president, 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 law. 

Sec. 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 manner and 
unaer sucn penalties as each house may prescribe. 

Sec. 9. Each house may determine the rules of its own proceedings, 
punish its members for disorderly behavior, and, with the consent of 
two- thirds, expel a member, but not a second time for the same cause. 

Sec. 10. Each house, during the session, may punish, by imprison- 
ment, any person not a member for disrespectful or disorderly 

7251— VOL 1-— 07 45 



670 Florida— 1838 

behavior in its presence, or for obstructing any of its proceedings, 
provided such imprisonment shall not extend beyond the end of the 
session. 

Sec. 11. Each house shall keep a journal of its proceedings, and cause 
the same to be published immediately after its adjournment; and the 
yea^ 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 liberty to dissent from or protest 
against any act^or resolution which he may think injurious to the 
public or an individual, and have the reasons of his dissent entered 
on the journal. 

Sec. 12. Senators and representatives shall in all cases, except 
treason, felony, or breach of peace, be privileged from arrest during 
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 nouse they shall not be ques- 
tioned in any other place. 

Sec. 13. The general assembly shall make provision bv law for 
filling vacancies that may occur in either house, by the death, resigna- 
tion, or otherwise, of any of its members. 

Sec. 14. The doors of each house shall be open, except on such 
occasions as, in the opinion of the house, the public safety may imperi- 
ously require secrecy. 

Sec. 15. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which they may be sitting. 

Sec. IC. Bills may originate in either house of the general assem- 
bly, and all bills passed by one hous^ 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 discussion 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 dis- 
pense with the rule; and every bill having passed both houses shall 
be signed by the speaker and president of their respective houses. 

Sec. 17. Each member of the general assembly shall receive from 
the public treasury such compensation for his services as may be fixed 
by law ; but no increase of compensation shall take effect during the 
term for which the representatives were elected when such law passed. 

Sec. 18. The number of members of the house of representatives 
shall never exceed sixty. 

Article V 

JUDICIAL department 

Section 1. The judicial power of this State, both as to matters of 
law and equity, shall be vested in a supreme court, courts of chancery, 
circuit courts, and justices of the peace: Provided^ The general as- 
sembly may also vest such criminal jurisdiction as may he deemed 
necessary in corporation courts ; but such jurisdiction shall not extend 
to capital offences. 



Florida— 1838 671 

8ec. 2. The supreme court, except in cases otherwise directed in 
this constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the State, under such restrictions and regulations, 
not repugnant to this constitution, as may from time to time be 
prescrioed by law: Provided^ That the said courts shall always have 
power to issue wTits of injunction, mandamus^ quo warranto^ habeas 
corpus^ and such other remedial and original writs as may be neces- 
sary to give it a general superintendence and control of all other 
courts. 

Sec. 3. For the term of five years from the election of the judges 
of the circuit courts, and thereafter until the general assembly shall 
otherwise provide, the powers of the supreme court shall be vested in, 
and its duties performed by, the judges of the several circuit courts 
within this State; and they, or a majority of them, shall hold such 
sessions of the supreme court, and at such times, as may be directed 
by law. 

Sec. 4. The supreme court, when organized, shall be holden at 
such times and places as may be provided by law. 

Sec. 5. The State shall be divided into at least four convenient 
circuits, and until other circuits shall be provided for by the general 
assembly, the arrangement of the circuits shall be the western, middle, 
eastern, and southern circuits; and for each circuit there shall be 
appointed a judge, who shall, after his appointment, reside in the 
circuit for which he has been appointed, and shall, at stated times, 
receive for his services a salaiy oi 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 perquisites 
of office, nor hold any other office of profit under the State, the United 
States, or any other power. 

Sec. 6. The circuit court shall have original jurisdiction in all mat- 
ters, civil and criminal, within this State, not otherwise excepted in 
this constitution. 

Sec. 7. A circuit court shall he held in such counties, and at such 
times and places therein, as may be prescribed by law ; and the judges 
of the several circuit courts may hold courts for each other, and shall 
do so when directed by law. 

Sec. 8. The general assembly shall have power to establish and 
'organize a separate court or courts of original equity jurisdiction; 
but, until such court or courts shall l)e established and organized, the 
circuit courts shall exercise such jurisdiction. 

Sec. 9. The general assemblv shall provide by law for the appoint- 
ment, in each county, of an o&icer to take probate of wills, to grant 
letters testamentary, of administration, and guardianship ; to attend 
to the settlement of the estates of decedents and of minors, and to 
discharge the duties usually pertaining to courts of ordinary, subject 
to the direction and suj)ervision of the courts of chancery, as may be 
provided by law. 

Sec. 10. A competent number of justices of the peace shall be, 
from time to time, appointed or elected, in and for each county, in 
such mode and for such term of office as the general assembly may 
direct, and shall possess such jurisdiction as may be prescribed by 
law; and, in cases tried before a justice of the peace, the right of 



672 FJorida—1838 

appeal sliall be secured, under such rules and regulations as may Ije 
prescribed by law. 

Sec. 11. Justices of the supreme court, chancellors, and judges of 
the circuit courts shall be elected by the concurrent vote of a majority 
of both houses of the general assembly. 

Sec. 12. The judges of the circuit courts shall, at the first session 
of the general assembly to be holden under this constitution, be 
elected tor the term of five years, and shall hold their offices for that 
term, unless sooner removed under the provisions made in this consti- 
tution for the removal of judges by address or impeachment ; and at 
the expiration of five years, the justices of the supreme court and the 
judges of the circuit courts shall be elected for the term of and during 
(heir good behavior; and for wilful neglect of duty, or other reason- 
able cause, which shall not be sufficient ground for impeachment, the 
governor shall remove any of them, on the address or two-thirds of 
each house of the general assembly: Pronded. hoicever^ That the 
cause or causes shall be stated at length in such address, and entereil 
on the journals of each house: And prorided further^ That the cause 
or causes shall be notified to the judge so intended to be removed, and 
he shall be admitted to a hearing in his own defence before any vote 
for such address shall pass; and in such cases the vote shall- be 
taken by yeas and nays, and entered on the journals of each house 
respectively. 

Sec. 18. The clerk of the supreme court and the clerks of the courts 
of chancery shall be elected by the general assembly; and the clerks 
of the circuit courts shall Ix* elected by the qualified electors, in such 
mode as may be prescribed by law. 

Sec. 14. The justices of the supreme court, chancellors, and judges 
of the circuit courts, sliall, by virtue of their offices, be conservators 
of the peace throughout the State, and justices of the peace in their 
respective counties. 

Sec. 15. The style of all process shall l)e, '' 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.'' 

Se(\ 1(). 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 passage of any act: 
to draft, and submit to the general assembly, at the same session, 
all necessary forms of proceedings under such laws, which, when 
approved, shall l)e published therewith; and he shall perform such 
other duties as may be prescribed by law. lie shall l)e elected bv 
joint vote of the two houses of the general assembly, and shall hold 
his office for four years; but may l)e removed by the governor, on 
the address of two-thirds of the two houses of general assembly; and 
shall receive for his services a compensation to be fixed by law. 

Sec. 17. There shall Im* one solicitor for each circuit, who shall 
reside therein, to be elected by the joint vote of the general assembly, 
who shall hold his office for the term of four years, and shall receive 
for his services a compensation to l)e fixed by law. 

Se(\ 18. No justice of the supreme court shall sit as judge, or take 
part in the appellate court, on the trial or hearing of uny case which 
shall have been decided bv him in the court below. 



Florida— 1838 673 

Sec. 19. The general assembly shall have power to establish in each 
county a board of commissioners for the regulation of the coimty 
business therein. 

Sec. 20. No duty not judicial shall be imposed by law upon the 
justices of the supreme court, chancellors, or the judges of the circuit 
courts of this State. 

Article VI 

THE RIGHT OF SUFFRAGE CnVIL OFFICERS 

Section 1. Every free white male person of the age of twenty-one 
years and upwards, and who shall be, at the time of oflFering to vote, 
a citizen of the United States, and who shall have resided and had 
his habitation, domicile, home, and place of permanent abode in 
Florida, for two years next preceding the election at which he shall 
ojffer to vote, and who shall have at such time, and for six months 
immediately preceding said time shall have had, his habitation, domi- 
cile, home, and place of permanent abode in the county in which he 
may offer to vote, and who shall be enrolled in the militia thereof, 
(unless by law exempted from serving in the militia.) shall bo 
deemed a qualified elector, at all elections under this constitution, 
and none others 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 two years next preceding the election, and six 
months within the election district in which he offers to vote: Pro- 
nid^dj That no soldier, seaman, or marine, in the regular Army or 
Navy of the United States, unless he be a gualified elector of the 
State previous to his enlistment as such soldier, seaman, or marine, 
in the regular Army or Navy of the United States, or of the revenue 
service, shall considered a resident of the State, in consequence of 
being stationed within the same. 

Sec. 2. The general assembly shall, at its first session, provide for 
the registration of all the qualified electors in each county; and 
thereafter, from time to time, of all who may become such qualified 
electors. 

Sec. 3. No president, director, cashier, or other officer, of any bank- 
ing company m this State, shall be eligible to the office of governor, 
senator, or representative to the general assembly of this State, so 
long as he shall be such president, director, cashier, or other officer, 
nor until the lapse of twelve months from the time at which he shall 
have ceased to be such president, director, cashier, or other officer. 

Sec. 4. 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 
infamous crime. 

Sec. 5. No person shall be capable of holding or of being elected 
to any post ox honor, profit, trust, or emolument, civil or military, 
legislative, executive, or judicial, under the government of this State, 
w^ho shall hereafter fight a duel, or send or accept a challenge to fight 
a duel, the probable issue of which may be the deatli 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 



674 Florida— 1838 

Ijearer of such challenge or acceptance, whether the same occur or be 
committed in or out of the State. 

Sec. 6. No person who may hereafter be a collector or holder of 
public monevs shall have a seat in either house of the general assem- 
bly, or be eligible to any office of trust or profit* under this State, 
until he shall have accounted for, and paid into the treasury, all sunis 
for which he may be accountable. 

Sec. 7. No governor, member of Congress, or of the general assem- 
bly of this State, shall receive a fee, be engaged as counsel, 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. 

Sec. 8. No governor, justice of the supreme court, chancellor, or 
judge, in this State, shall be eligible to election or appointment to 
any other and different station, or office, or post of honor or emolu- 
ment, under this State, or to the station of Senator or Representative 
in the Congress of the United States from this State, until one year 
after he shall have ceased to be such governor, justice, chancellor, or 
judge. 

Sec. 9. No senator or representative shall, during the term for 
which he shall have been elected, be appointed to any civil office of 
profit under this State, which shall have been created, or the emolu- 
ments of which shall have been increased, during such term, except 
such offices as may be filled by elections bv the people. / 

Sec. 10. No minister of the gospel shall be eligible to the office of 
governor, senator, or meml>er of the house of representatives of this 
State. 

Sec. 11. Members of the general assembly, and all officers, civil and 
military, before they enter upon the execution of their respective 

offices, shall take the foHowing oath or affirmation : " I, , 

do swear (or affirm) that I am duly qualified, 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, discharge 
the duties thereof, and preserve, protect, and defend the constitution 
of this State, and of the United States." 

Sec. 12. P]very person shall be disqualified from serving as gov- 
ernor, senator, representative, or from holding any other office of 
honor or profit in this State, for the term for which he shall have 
been elected, who shall have l)een convicted of having given or offered 
anv bribe to procure his election. 

^EC. 1»3. Laws shall be made by the general assembly to exclude 
from office, and from suffrage, those who shall have been, or mav 
thereafter be, convicted of bribery, perjury, forgery, or other high 
crime or misdemeanor; and the privilege of suffrage shall be sup- 
ported by laws regulating elections, and prohibiting, under adeauate 
penalties, all undue influence thereon, from power, bribery, tumult, or 
other improper practices. 

Sec. 14. All civil officers of the State at lar^e shall reside within 
the State, and all district or county officers within their respectiv^e 
districts or counties, and shall keep their respective offices at such 
places therein as may be required by law. 

Sec. 15. Tt shall l>e 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. 



Florida— 1838 675 

Sec. 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. 

Sec. 17. In all elections by the general assembly, the vote shall be 
viva voce; and in all elections bv the people the vote shall be by 
ballot. 

Sec. 18. No member of Congress, or person holding or exercising 
any office of profit under the United States, or under anv foreign 
power, shall be eligible as a member of the general assembly of this 
htate, or hold or exercise any 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. 

Sec. 19. The general assembly shall by law provide for the appoint- 
ment or election, and the removal from office, of all officers, civil and 
military, in this State, not provided for in this constitution. 

Sec. 20. The power of impeachment shall be vested in the house of 
representatives. 

Sec. 21. All impeachments shall be tried by the senate ; and, when 
sitting for that purpose, the senators shall lie upon oath or affirma- 
tion; and no person shall be convicted without the concurrence of 
two-thirds of tne members present. 

Sec. 22. The governor and all civil officers shall be liable to im- 
peachment for any misdemeanor in office; but judgment, in such 
cases, shall not extend further than to removal from office, and dis- 
qualification 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. 

Article VII 

MILITIA 

Section 1. All militia officers shall be elected by the persons sub- 

{'ect to military duty within the bounds of their several companies, 
>attalions, regiments, brigades, and divisions, under such rules and 
regulations as the general assembly may, from time to time, direct 
and establish. 

Sec. 2. The governor shall appoint all the officers of the executive 
staff, except the adjutant-general and paymaster-general, who shall 
be appointed by the governor, by and with the advice and consent of 
the senate. The major-generals and brigadier-generals, and com- 
manding officers of regiments, shall appoint such staff officers as may 
be prescribed by law: Provided^ No person shall be eligible to any 
stan appointment unless he hold a commission in the line. 

Article VIII 

TAXATION AND REVENUE 

Section 1. The general assembly shall devise and adopt a system 
of revenue, having regard to an equal and uniform mode of taxation, 
to be general throughout the State. 



676 Florida— 1838 

Sec. 2. 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. 

Sec. 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 moneys shall be published 
and promulgated annually with the laws of the general assembly. 

Sec. 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 to State 
taxation. 

Article IX 
census and apportionment of representation 

Section 1. The general assembly shall, in the year 1845, 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; and 
they shall then proceed to apportion the representation equally among 
the different counties, according to such enumeration, giving, how- 
ever, one representative to every county, and increasing the number 
of representatires, 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. 

Sec. 2. The general assembly shall also, after every such enumera- 
tion, proceed to fix by law the number of senators which shall con- 
stitute 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 estab- 
lished in the preceding section ; each of which districts shall be enti- 
tled to one senator. 

Sec. 3. When any senatorial district shall be composed of two or 
more counties, the counties of which such district consists shall not be 
entirely separated bv any county belonging to another district, and 
no county shall be divided in forming a district. 

Sec. 4. No new county shall be entitled to separate representation 
until its population equal the ratio of representation then existing; 
nor shall any county be reduced in population, by division, below tne 
existing ratio. 

Sec. 5. Until the apportionment of representation by the general 
assembly, as directed in the foregoing section, the several counties 
shall be entitled to the following representatives, viz: Escambia, 
three; Walton, one; Washington, one; Jackson, three; Franklin, 
two; Calhoun, two; Gadsden, four; Leon, six; Jefferson, three; 
Madison, one; Hamilton, one; Cohimbia, two; Alachua, two; Duval, 
two; Nassau, one; Saint John's, three; Mosquito, one; Dade, one; 
Monroe, one; Hillsborough, one; and, until the apportionment of 



Florida— 1838 677 

senators under the census as aforesaid, there shall be sixteen sena- 
torial districts in this State, which shall be as follows : 

The county of Escambia shall comj)ose the first district. 

The counties of Walton and Washington shall compose the second 
district. 

The county of Jackson shall compose the third district. 

The county of Calhoun shall compose the fourth district. 

The county of Franklin shall compose the fifth district. 

The county of Gadsden shall compose the sixth district. 

The county of Leon shall compose the seventh district. 

The county of Jefferson shall compose the eighth district. 

The county of Madison shall compose the ninth district. 

The county of Hamilton shall compose the tenth district. 

The county of Columbia shall compose the eleventh district. 

The county of Alachua shall compose the twelfth district. 

The county of Duval shall compose the thirteenth district. 

The county of Nassau shall compose the fourteenth district. 

The counties of Saint John's and Mosquito shall compose the fif- 
teenth district. 

The counties of Dade, Monroe, and Hillsborough shall compase the 
sixteenth district. 

And each senatorial district shall elect one senator, and the seventh 
district shall be entitled to two. 

ArTK LE X 
EDUCATION 

Section 1. The proceeds of all lands that have been, or may here- 
after be, granted by the United States for tlie use of schools and a 
seminary or seminaries of learning, shall be and remain a perpetual 
fund, the interest of which, together with all moneys derived from 
any other source applicable to the same object, shall be inviolably 
appropriated to the use of schools and seminaries of learning, 
respectively, and to no other purpose. 

Sec. 2. The general assembly shall take such measures as may be 
necessary to preserve from waste or damage all land so granted and 
appropriated to the purposes of education. 

Article XI 

PUBLIC DOMAIN AND INTERNAL IMPROVEMENTS 

Section 1. It shall be the duty of the general assembly to provide 
for the prevention of waste and damage of the public lands now pos- 
sessed, or that may hereafter be ceded to the Territory or State of 
Florida; and it may pass laws for the sale of any part or portion 
thereof, and, in such case, provide for the safety, security, and appro- 
priation of the proceeds. 

Sec. 2. A liberal system of internal improvements, being essential 
to the development of the resources of the country, shall be encour- 
aged by the government of this State ; and it shall be the duty of the 



678 Florida— 1838 

general assembly, as soon as practicable, to ascertain, by law, proper 
objects of improvement, in relation to roads, canals, and navigaole 
streams, and to provide for a suitable application such funds as may 
be appropriated for such improvements. 

Article XII 

BOUNDARIES 

Section 1. The jurisdiction of the State of Florida shall extend 
over the Territories of East and West P'lorida, which, by the treaty of 
amity, settlement, and limits, between the United States and His 
Catholic Majestv, on the i22d day of FebruarA', A. D. 1819, were ceded 
to the United States. 

Article XIII 

BANKS AND OTHER CORPORATIONS 

Section 1. The general assembly shall pass a general law for the 
incorporation of all such churches, and religious or other societies, 
as may accept thereof; but no special act of incorporation thereof 
shall be passed. 

Sec. 2. The general assembly shall jiass no act of incorporation, or 
make anv alteration therein, unless with the assent of at least two- 
thirds o^ each house, and unless public notice in one or more news- 
j)apers in the State shall have been given for at least three months 
immediately preceding the session at which the same may be applied 
for. 

Sec. 3. Xo banking corporation shall be created, or continue, which 
is composed of a less number than twenty individuals, a majority of 
whom, at least, shall be residents of the State; and no other corpora- 
tion shall be created, or continue, composed of a less number than ten, 
of whom at least five shall be residents of this State. 

Sec. 4. No bank-charter, or any act of incorporation granting ex- 
clusive privileges, shall be granted for a longer period than twenty 
years; and no bank-charter shall ever be extended or renewed. 

Sec. 5. The charters of banks granted by the general assembly shall 
restrict such banks to the business of exchange, discount, and deposit; 
and they shall not speculate or deal in real estate, or the stock of other 
corporations or assmuations, or in merchandise or chattels, or he con- 
cerned in insurance, manufacturing, exportation, or importation, 
except of bullion or specie; shall not act as trustee in any wise, nor 
shall they own real estate or chattels, except such as shall be necessary 
for their actual use in the transaction of business, or which may be 
pledged as further security, or received towards or in satisfaction of 
previouslv-contracted debts, or purchased at legal sales to satisfy such 
debts; of which they shall be recpiired to make sale within tw^o years 
after the acquisition thereof. 

Sec. (). The capital stock of any bank shall not be less than one 
hundred thousand dollars, and shall l)e created only by the actual 
payment of sj)ecie therein ; and no bank shall borrow'money to create 
or add to its capital or to conduct its business, and no loans shall be 
made on stock. 

Sec 7. All liabilities of such banks shall be payable in specie, and 



Florida— 1838 679 

ihe ajz]pregate of the liabilities and issues of a bank shall at no time 
t*x<w<l *h>iible the amount of its capital stock paid in. 

Sw*. s. Xo bunk shall make a note or st»cnrity of any kind for a 
^nialler sum than five dollars; and the g:eneral assembly may increase 
-urii restrict i<m to twenty dollars. 

Sw. 5*. Xo dividends of profits exceeding ten per centum per annum 
w the capital stcx'k naid in shall Ik> made; but all profits over ten per 
iwium per aimimi snail l>e set aj>art and retained as a safety fund. 

>w. U). SttK'kholders in a bank, when an act of forfeiture of its 
charter is committeil, or when it is dissolved or expires, shall be 
individually and severally liable for the payment of all its debts, in 
proportion to the st<K*k owned by each. 

Stx\ 11. Hanks shall l)e o|)en to inspection, under such regulations 
as nmy l>e preMTilnnl by law ; and it shall l)e the duty of the governor 
to appoint a j)ers<m or |)ers(ms, not connected in anv manner with any 
>«nk in the State, to examine at least once a vear into their state and 
amdition ; and the officers of ever}' bank shall make quarterly returns 
to the governor of its state and condition, and the names of the stock- 
holder^, and shan»s held by each. 

Se<\ 1*J. Xon-UH»r for the space of one year, or any act of a corpora- 
tion, or tln>>e having the control and management thereof, or in- 
tru*4e<l then*with. inccmsistent with or in violation of the provisions 
of lhi^ <*on>titution, or of its charter, shall cause its forfeiture; and 
the general a?v-4*nibly shall, by general law, j)rovide a summary process 
f*>r the *^H|uest ration of its effects and assets, the appointment of 
officer* to s4'ttle its alffairs; and no forfeited charter shall l)e rt»stored. 
The foregoing provisions shall not l)e c*onstrued to prevent the general 
a-e^nibly from imposing other restrictions and provisions in the crea- 
tion of corporations. 

Se* . 13. The ginieral assembly shall not pledge the faith and credit 
of the State to rais** funds in aid of any cor|K)ration whatsoever. 

Sw. 14. Tlie giuieral assembly shall, at it.^ first session, have power 
ti> n^ilate. r<Mrain, and control all associations claiming to exercise 
<i»r|>i>nite |)rivileges in the State, so as to guard, protect, and secure 
tlie interots of the [)eople of the State, not violating vested rights 
or imfMiiring the obligation of c(mtracts. 

Articlk XIV 

AMKNOMENTS ANO REVISI(»X *)F TIIK CONSTITI'TION 

Swnox 1. Xi) convention of the j>eople shall l)e calle<l unless by 
tirf (t>nciirn*n<i* of two-thirds of each house of the general asstnnbly. 

Set . 2. Xo part of this consiitiiti(m shall Ix* altered unless a bill to 
alt#T th<» same -;hall have Ix^en read thrw times in the houM* of n*pre- 
•*iitativt-- an<l threi* tinu*s in the s«»nate, and agreed to by two-thirds 
«»f #^i4i hoiis«» of the ceneral ass<*mbly; neither shall any alteration 
tak** pla<v nntil the IhII s<) agrecnl to Im» published ^ix months previous 
to a ii*-w «*l«H"tiim for memlK»rs to the hous** of representatives: and if 
the alteration pro|M)se<l by the gcMienil ass<Mnbly shall Ih» agnv*! to, 
at tlK-ir first session, by two-thirds of ea<*h houM» <»f the genenil 
a*Y«nil>ly. after the same shall have Imm^u rend thn»e times on thnn* 
•^•Ttl day* in each house, then, and not otherwis**, the same shall 
**niinN' a jmrt of the ccmstitution. 



680 Florida— 18S8 

Article XV 

THE SEAT OF GOVERNMENT 

Section 1. The seat of government of the State of Florida shall h 
and remain permanent at the city of Tallahassee, for the term anil 
time of five years from and after the end of the first session of tin 
general assembly to be holden under this constitution; and, after th- 
expiration of the said five years, the general assembly shall haw 
power to remove the seat of government from Tallahassee, and fix the 
same at any other point: Promded, That the general assembly shall, 
immerliately after the expiration of ten years from the end of the 
said first session thereof, fix permanently the seat of government. 

Article XVT 
(jeneral i'rovisions 

Section 1. The general assembly shall have no ])ower to pass law- 
for the emancipation of slaves. 

Se(\ 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: Prornled, They shall have 
power to enact laws to prevent the introduction of any slaves who 
may have committed crimes in other States. 

Sec 3. The general assembly shall have power to pass laws to pre- 
vent free negroes, mulattoes, and other persons of color, from immi- 
grating to this State, or from being discharged from on board any 
vessel m any of the ports of Florida. 

Sec. 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. 

Sec 5. Divorces from the bonds of matrimony shall not be alloweJ 
but by the judgment of a court, as shall be prescribed by law. 

Sec 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. 

Sec 7. The oaths of officers, directed to be taken under this con- 
stitution, may be administered by any judge or justice of the peacv 
of the Territory or State of Florida, until otherwise prescribe<l by 
law. 

Article XVII 

SCHEDULE and ORDINANCE 

In order that no inconvenience may arise from the organization 
and establishment of the State government, it is declared : 

Section 1. That all laws or parts of laws now in force, or which 
may be hereafter passed by the governor and legislative council of 
the Territory of Florida, not repugnant to the provisions of this con- 
stitution, shall continue in force until, by operation of their pro- 
visions or limitations, the same shall cease to be in force, or until 
the general assembly of this State shall alter or repeal the same; and 



Florida— 1838 681 

all writs, actions, prosecutions, judgments, and contracts shall be and 
continue unimpaired; and all process which has heretofore issued, 
or which may be issued prior to the last day of the first session of the 
general assembly of this State, shall be as valid as if issued in the 
name of the State ; and nothing in this constitution shall impair the 
obligation of contracts, or violate vested rights, either of individuals, 
or of associations claiming to exercise corporate privileges in this 
State. 

Sec. 2. All fines, penalties, forfeitures, obligations, and escheats 
accruing to the Territory of Florida shall accrue to the use of the 
State of Florida. 

Sec. 3. All recognizances heretofore taken, or which may be taken 
l>efore the organization of the judicial department under this con- 
stitution, shall remain valid, and shall pass over to, and may be 
prosecuted in the name of the State; ana all bonds executed to the 
governor of the Territory of Florida or to any other officer, in his 
official capacity, shall pass over to the governor or other proper State 
authority, and to their successors in office, for the uses therein respec- 
tively expressed, and may be sued for and recovered accordingly; 
and all criminal prosecutions and penal actions which have arisen, 
or which may arise before the organization of the judicial depart- 
ment imder this constitution, 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 super- 
seded under this constitution ; and all actions at law or suits in chan- 
cery, or any proceeding pending, or which may be pending, in any 
court of the Territory of Florida, may be commenced in or trans- 
ferred to such court of the State as may have jurisdiction of the 
subject-matter thereof. 

Sec. T). This constitution shall be submitted to the people for rati- 
fication at the election for delegate on the first Monday of May next. 
Each qualified voter shall express his assent or dissent to the con- 
stitution by directing the managers of said election to write opposite 
to his name on the poll-l>ook either the word " Constitution " or " No 
constitution,'^'^ And in case the time of election for delegate be 
changed to any other dav than the first Monday of May next, then 
the judges or clerks of tlie county courts respectively shall appoint 
managers to liold an election on the said first Mondav of May, for 
ratification of the constitution; and said managers shall conduct said 
election in the manner provided bv the laws of the Territory respect- 
ing elections, and make return oi 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 j)rocla- 
mation 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 pro- 
vided 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, 



682 Florida— 1838 

Representative in Congi*ess, and members of the general a^ssembly iit 
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 l^resident's proclamation, and shall take place on the same 
day throughout the State. The said election shall be condiict^l 
according to the then existing election laws of the Territory of 
Florida: Provided^ however^ That in case of the absence or dis- 
ability 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 herebv 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 dis- 
charge the duties herein imposed on the secretary of the convention: 
and the members of the general assembly so elected shall assemble 
on the foiTrth Monday thereafter at the seat of government. The 
governor, Rei)resentative in Congress, and members of the general 
assembly shall enter upon the duties of their respective offices imme- 
diately after their election under the provisions of this constitution, 
and shall continue in office in the same manner, and during the same 

1)eriod, they would have done had they been elected on the first 
Monday in October. 

Sec. 0. The general assembly shall have power, by the votes of two- 
thirds of both houses, to acc^^de 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 Reprt*- 
sentatives of the State of Plorida in Congress to procure such mcKli- 
fication 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 l)een 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 govern- 
ment,'' passed f^Oth day of January, 18.38, and approved t2d February, 
eighteen hundred and thirty-eight. 

Robert Raymond Reid, 

President of the Conrentiou^ 

Josh r A Knowi.es, ^eeretury. 



Florida— m7 683 

AKENDMENTS 
Article I 

An Act to amend the (institution of this State so as to make the sessions of the 
General Assembly biennial instea<l of annual 

Section 1. Be it enacted hy the Senate and Ilonae of Representa- 
tives of the State of Florida in General Assembly convened^ That the 
second clause of the fourth article of the Constitution of this State be 
so amended as to read as follows, viz: 2nd. The members of the 
House of Representatives shall be chosen by the qualified voters and 
shall serve for the term of two years from and after the day of the 
first election under the amended Constitution, and no longer; and 
the sessions of the General Assembly shall be biennial, and commence 
on the fourth Monday in November in each and every second year, 
or at such other times as may be prescribed by law. 

Sec. 2. Be it further enacted^ That the third clause of the fourth 
article of the Constitution be amended so that the same shall read as 
follows: 3d. That the Representatives shall l>e chosen on the first 
Alondaj' in the month of October in each and every second year, from 
and after the first election under this amended Constitution, or on 
.^-iich other day as may be directed by law. 

Sec. e3. Be it further enacted^ That the fifth clause of the aforesaid 
article be so amended as to read as follows, viz: The Senators shall 
be chosen by the qualified electors for the term of four years at the 
s:ame time, in the same manner, and in the same place where they 
vote for members of the House of Representatives, and no person 
shall be a Senator unless he be a white man, a citizen of the United 
States, and shall have been an inhabitant of this State for two years 
next preceding his election, and the last year a resident of the District 
or County for which he shall be chosen, and shall have attained the 
age of twenty-five years. 

Sec. 4. Be it further enacted^ That the sixth clause of the aforesaid 
article be so amended as to read as follows, viz; The classification of 
Senators, as made at the first session of the General Assembly held 
in the year 1845, shall continue unchanged; one half of whom, as 
nearly as possible, shall be chosen forever hereafter biennially for the 
term of four years; Prorided^ howerer^ and it is hereby declared, 
that the term of office of that class of Senators unexpired at the first 
election under the amended Constitution, shall extend to, and expire 
on the first Monday in October eighteen hundred and fifty. 

Sec. 5. Be it furt/ier enacted^ That the first election for Assembly- 
men, under the amended Constitution, shall take place on the first 
Monday in October, eighteen hundred and forty eight ; and the first 
session of the General Assembly, under this amended Constitution, 
shall commence on the fourth Monday in November, in the year 
eighteen hundred and forty eight. 

Second Gerwral Assembly, — Passed the Senate, bv constitutional 
majority, December 22, 1846. Passed the House of Representatives, 
by Constitutional majority, December 20, 1816. 

Third General Assembly. — Passed the Senate by the constitutional 
majority, December 21, 1847. Passed the House of Representatives 
by the constitutional majority, December 23, 1847. 



684 Florida— 1848 

Article II 

An Act to amend the Twelfth Clause of the Fifth Article of the Constitntion of 
this State, so that the Judges of the Circuit Courts shall hold their oflaces for a 
term of eight years, instead of during good behavior. 

Section 1. Be it enacted hy the Senate and House of Rep^resenta- 
tives of the State of Florida in General Assembly convened^ That the 
twelfth clause of the fifth article of the Constitution of this State l^ 
so amended as to read as follows, viz ; That at the expiration of the 
present term of office of the Judges of the Circuit Courts, with the 
exceptions hereinafter mentioned, the Justices of the Supreme Coiut^ 
and the Judges of the Circuit Courts shall be elected for a terra of 
eight years, and shall hold their offices for that term, unless sooner 
removed under the provisions made in this Constitution for the 
removal of Judges, by address or impeachment ; and for wilful neir- 
lect of duty, or other reasonable cause, which shall not be sufficient 
ground for impeachment, the Governor shall remove any of them, on 
the address of two thirds of the General Assembly; Prorlded^ hoir- 
erer^ That the cause or causes shall be stated at length in such address 
and entered on the journals of each house; And provided^ further. 
That the cause or causes shall be notified to the judge so intended to 
l>e removed, and he shall be admitted to a hearing in his own defense. 
l>efore any vote for such removal shall pass; and in such cases, the 
vote shall l)e taken by yeas and nays, and entered on the journals of 
each house respectively. 

Sec. 2. Be it further enacted^ That the Judges first appointed 
under this amended Constitution shall be divided by lot into four 
classes; the first class shall hold his or their office or offices for the 
term of two years, the second for the term of four years, the third for 
the term of six years, the fourth for the term of eight j^ears. 

Third General Assembly, — Passed t^e Senate by the constitutional 
majority, December 22, 1847. Passed the House of Representatives 
by the constitutional majority, January 6, 1848. 

Fotn'th General Assembly, — Passed the House of Representatives bv 
the constitutional majority, December 8, 1848. Passed the Senate, 
by the constitutional majority, December 12, 1848. 

Article III 

An Act so to amend the (Constitution of this 8tate as to extend to all free whito 
male inhabitants, Ikmuk citizens of the Cnited States, who shall have resided 
within this State one year, the elective franchise 

Section 1. Be it enacted by the Senate and House of Representn- 
tires of the St(fte of Florida in Gen end Assembly co?irened^ That the 
first clause of the sixth article of the Constitution be so amended a> 
follows, viz : 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 United States, and who shall have resided and had 
his habitation, domicil, home, and place of permanent abode in 
Florida for one year next preceding: the election at which he shall 
offer to vote, and who shall, at such tune, and for six months immedi- 
ately preceding said time, have had his habitation, domicil, home 
and place of permanent abode in the county in which he may offer 
to vote, shall oe deemed a qualified voter at all elections under thi> 



Florida— 1866 685 

Constitution, and none others, 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 soldier, seaman or marine in the 
Regular Army or Navy of the United States, unless he were a quali- 
fied elector or this State previous to his enlistment as such soldier, 
seaman or marine in the Regular Army or Navy of the United States, 
or of the revenue service, shall be considered a resident of the State 
in consequence of being stationed within the same. 

Second General Assembly, — Passed Senate by constitutional ma- 
jority, December 1, 1846. Passed House of Representatives by con- 
stitutional majority, December 16, 1846. 

Third General Assembly, — Passed Senate by constitutional ma- 
jority, December 21, 1847. Passed House of Representatives by con- 
stitutional majority, December 23, 1847. 

CONSTITUTION OF FLORIDA— 1861 

[A State convention, which met at Tallahassee, passed an ordi- 
nance 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.] 

CONSTITTJTION OF FLORIDA— 1865 * » 

We, the people of the State of Florida, by our delegates in con- 
vention assembled, in the city of Tallahassee, on the 25th day of Octo- 
ber, 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 govern- 
ment 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 

♦ Verified by — Constitution printed in " The Acts and Resolutions adopted by 
the General Assembiy of Florida at its 14th Session, Tallahassee, Dyke and 
Sparhawk, 1866," pp. 125-148. See " The Ordinances of the Convention of V^,'' 
Idem, 140-156. 

fl This constitution was adopted at a convention which met at Tallahassee 
Octol)er 25, 1865, and completed its labors November 7, 1865. It was not sub- 
mitted to the people for ratification. 
7251— VOL 1—07 46 



686 Florida— 1865 

enjoying and defending life and 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 wor- 
ship Almighty God according to the dictates of their own conscience, 
ana that no preference shall ever be given by law to any relig;ious 
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 
lil>erty ; 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 in- 
violate. 

Sec. 7. That the people shall be secure in their persons, hous^ 
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 prob- 
able 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 coimty 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 presump- 
tion is strong; and the haheas-corpus act shall not be suspended 
unless iwlien, 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. 



Florida— 1865 687 

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 tke 
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 indict- 
ment or presentment by a grand jury. 

Sec. 17. That no conviction shall work corruption of blood or for- 
feiture of estate. 

Sec. 18. That retrospective laws punishing acts committed before 
the existence of such laws, and by them only declared penal or crimi- 
nal, 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 griev- 
ances, 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 con- 
sent of the legislature; and the military shall be in strict subordina- 
tion 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. 2(1 That, to guard against transgressions upon the rights of 
the people, we declare 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 provi- 
sions, shall be void. 

Article II 

DISTRIBUTION OF THE POWERS OF (iOVERNMENT 

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 wliiich 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 con- 
stitution. 



688 Florida— 1866 

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 quali- 
fied 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 citi- 
zen of the United States ten years, ana shall have been a resident of 
Florida at least five vears next preceding his election. 

Sec. 4. There shall be elected at the same time, for the same term, 
and Avith like qualifications as the governor, a lieutenant-governor, 
who shall be ex-o-fficio 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 alloweid to a senator. 

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 tw*o 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. 

Sec. 6. The governor shall, at stated times, receive a compensation 
for his services, w^hich shall not be increased or diminished during 
the term for w hich he shall have been elected ; but such compensation 
shall never be less than three thousand dollars per annum. 

Sec. 7. lie shall be the commander-in-chief of the army and navy 
of this State, and of the militia thereof. 

Sec. 8. He may require information in writing from the officers of 
the executive department on any subject relating to the duties of their 
respective offices. 

Sec. 9. He may by proclamation, 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 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 may think proper, not beyond the day of the next meeting 
designated ])y the constitution. 

Sec. 10. lie 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. 



Florida— 1865 689 

Sec. 11. He shall take care that the laws be faithfully executed. 

Sec. 12. In all criminal and penal cases, (except of impeachmeat,) 
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. 

Sec. 13. The State seal last heretofore used (until altered by the 
general assembly) shall continue to be the great seal of the State, and 
shall be kept by the governor for the time being, and used by him 
officially. 

Sec. 14. 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. 

Sec. 15. There shall be a secretary of state elected by the qualified 
electors of the State at the same time, and who shall continue in office 
for the same term of years as the governor of the State ; and he shall 
keep a fair register of the official acts and proceedings of the gov- 
ernor, and shall, Yihen required, lay the same, and all papers, min- 
utes, and vouchers relative thereto, before the general assembly, and 
shall perform sucli other duties as may be required of him by law. 

Sec. 16. Vacancies that happen in offices, the appointment to w^hich 
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 dur- 
ing the recess of the general assembly, by granting commissions which 
shall expire at th6 end of the next session. 

Sec. 17. 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 shall 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, two-thirds of the w^hole number voting shall 
agree to pass the bill, it sha)l be sent with the objections to the other 
house, bv which it shall be reconsidered; and if approved by two- 
thirds of the whole number voting, it shall become a law ; but in such 
cases the votes of both houses shall be by yeas and navs, 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 (Sundavs excepted) 
after it shall have been presented to him, the same shall be a law in 
like manner as if he had signed, unless the general assembly by their 
adjournment prevent its return, in which case it shall not l)e law. 

Sec. 18. Every order, resolution, or vote, to which the concurrence 
of both houses may be necessary (except on questions of adjourn- 
ment) shall be presented to the governor, and l)efore 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. 

Sec. 19. In case of the impeachment of the governor, his removal 
from office, death, refusal to qualify, resignation, or absence from the 
State, the lieutenant-governor shall exercise all the power and author- 
ity appertaining to the office of governor, until the governor, absent or 
impeached, shall return, or be acquitted, or until the governor next 
regularly elected shall be duly qualified, as the case may l)e; and for 
the time the lieutenant-governor shall occupy the office of governor 



690 Florida— 1865 

he shall receive the same compensation as shall be allowed by law to 
the regularly-elected governor. 

Sec. 20. In case of the impeachment of both the governor and the 
lieutenant-governor, their removal from office, death, refusal to 
qualify, resignation, or absence from the State, the speaker of the 
house of representatives shall in like manner administer the govern- 
ment, unless the general assembly shall otherwise provide; and for 
the time he shall occupy the office of governor, he shall receive the 
same compensation as shall be allowed by law to the governor. 

Sec. 21. It shall l)e the duty of the general assembly to provide for 
the purchase or erection of a suitable building for the residence of the 
governor, and the governor shall reside at the seat of government: 
but whenever, by reason of danger from an enemy, or from disease, 
the governor may deem the capital unsafe, he may, by proclamation, 
fix the seat of government at some secure place within the State, until 
such danger shall cease. 

Sec. 22. No person shall hold the office of governor and any other office 
or commission, civil or military, either in this State or under any State, 
or the United States, or any other power, at one and the same time," 
except the lieutenant-governor or the speaker of the house of repre- 
sentatives, when he shall hold the office as aforesaid. 

Sec. 23. A State treasurer and comptroller of public accounts shall 
be elected by the qualified electors of the State at the same time, and 
who shall continue in office for the same term of years as the gov- 
ernor of the State, and imtil their successors shall have been duly 
commissioned and qualified. 

Article IV 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall be vested in 
two distinct branches, the one to be styled the senate, the other the 
house of representatives, and both together " the general assembly of 
the State of Florida ; ■' and the style of the laws shall be, '* Be tt 
enacted hy the, senate and house of representatives of the State of 
Florida in general assemhhj convened,^'' 

Sec. 2. The meml>ers of the house of representatives shall l>e 
chosen by the qualified voters, and shall serve for the term of two 
years from the day of the general election, and no longer; and the 
sessions of the general assembly shall be annual, and commence on 
the second Wednesday in November in each year. 

Sec. 3. The representatives shall be chosen every two years on the 
first Monday in the month of October, until otherwise directed by 
law. 

Sec. 4. No person shall be a representative unless he l)e a white 
man, a citizen of the United States, and shall have been an inhab- 
itant 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 have attained the age of twenty-one years. 

Sec. 5. The senators shall l)e chosen by the qualified electors for the 
term of two years, at the same time, in the same manner, and in the 
same places where they vote for members of the house of representa- 



Florida— 1865 691 

tives, and no man shall be a senator unless he be a white man, a citi- 
zen of the United States, and shall have 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 twentj-five years. 

Sec. 6. The house of representatives, when assembled, shall choose 
a speaker and its other officers, and the senate, its other officers, and 
in the absence of the lieutenant-governor, a president pro tempor^e^ 
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 law. 

Sec. 7. 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 manner and 
under such penalties as each house may prescribe. 

Sec. 8. Each house may determine the rules of its own proceedings, 
punish its members for disorderly behavior, and with the consent or 
two-thirds expel a member, but not a second time for the same cause. 

.Sec. 9. Each house, during the session, may pimish, by imprison- 
ment, any person not a member, for disrespectful or disorderly 
behavior in its presence, or for obstructing any of its proceedings, 
provided such imprisonment shall not extend beyond the end of the 
session. 

Sec. 10. Each house shall keep a journal of its proceedings, and 
cause the same to be published immediately after its adjournment; 
and the yeas and nays of the members of each house shall be taken and 
entered upon the journals upon the final passage of ©very bill, and 
may, by any two members, be required upon any other question ; and 
any member of either house shall have liberty to dissent from, or pro- 
test against, any act or resolution which he may think injurious to the 
public, or an individual, and have the reasons of his dissent entered 
on the journal. 

Sec. 11. Senators and representatives shall in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during 
the session of the general assembly, and in goin^ 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, ana 
for any speech or debate in either house they shall not be questioned 
in any otner place. 

Sec. 12. The general assembly shall make provision by law for fill- 
ing vacancies that may occurln either house by the death, resignation, 
or otherwise of any of its members. 

Sec. 13. The doors of each house shall be open when in legislative 
session, except on such occasions as, in the opinion of the house, the 
public safety may imperiously require secrecy. 

Sec. 14. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which they may be sitting. 

Sec. 15. 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 otner; but no bill shall have the force of law. until 
on three several days it be read in each house and free discussion be 
allowed thereon, unless, in cases of urgency, four-fifths of the house 



692 Florida— 1865 

in which the same shall be pending may deem it expedient to dis- 
pense with the rule; and every bill having passed both houses shall 
be signed by the speaker and president of their respective houses. 

Sec. 16. Each member of the general assembly shall receive from 
the public treasury such compensation for his services as may be fixed 
by law ; but no increase of compensation shall take effect during the 
term for which the representatives were elected when such law passed. 

Sec. 17. The sessions of the general assembly shall not extend in 
duration over thirty days, unless it be deemed expedient by a concur- 
rent 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 commencement of the 
session. 

Sec. 18. The general assembly shall by law authorize the circuit 
court to grant licenses for buildmff toll-bridges, and to establish fer- 
ries, 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 purpose shall be made. 

Sec. 19. The general assembly shall pass a general law prescribing 
the manner in which names of persons may be changed, but no special 
law for such purpose shall be passed ; and no law shall be made allow- 
ing minors to contract, or manage their estates. 

Sec. 20. The general assemWy shall pass a general law for the 
incorporation of towns, religious, library, scientific, benevolent, mili- 
tary, and other associations, not commercial, industrial, or financial ; 
but no special act incorporating any such association ?hall be passed. 

Sec. 21. Net act incorporating any railroad, banking, insurance, 
commercial, or financial corporation shall be introduced mto the gen- 
eral assembly, unless the person or persons applying for such corpora- 
tion shall have deposited with the treasurer the sum of one hundred 
dollars as a bonus to the State. 

Sec. 22. Officers shall be removed from office for incapacity, mis- 
conduct, or neglect of duty, in such manner as may be provided by 
law, when no mode of trial or removal is provided in this constitution. 

Article V 

JUDICIAL department 

Section 1. The judicial power of this State, both as to matters of 
law and equity, shall be vested in a supreme court, courts of chancery, 
circuit courts, and justices of the peace, provided the general assembly 
may also vest such civil or criminal jurisdiction as may be necessary 
in corporation courts, and such other courts as the general assembly 
may establish; but such jurisdiction shall not extend to capital cases. 

Sec. 2. The supreme court, except in cases otherwise directed in this 
constitution, shall have appellate jurisdiction only, which shall be 
coextensive with the State, under such restrictions and regulations, 
not repugnant to this constitution, as may, from time to time, be pre- 
scribed by law: Provided^ That the said court shall always have 
power to issue writs of injunction, mnnda7mis^ quo waxvanto^ habeas 
corpus^ and such other original and remedial writs as may be neces- 
sary to give it a general superintendence and control oi all other 
courts. 



Florida— 1S65 693 

Ser. 3. The supreme court shall be holden at such times and places 
ts may be prescribed by law; and two judges of the circuit court 
may be added to the supreme court, when in session, at the discretion 
of the legislature; and the court so composed shall constitute the 
supreme court of the State, when the legislature shall so direct. 

Sec. 4. The State shall be divided into convenient circuits; and for 
etch circuit there shall be a judge, who shall, after his election or 
appointment, reside in the circuit for which he has been elected or 
appeinte<l ; and shall, as well as justices of the supreme court, receive 
for his services a salarv of not less than twenty-nve hundred dollars 
per annum, which shall not be diminished during his continuance in 
<rfkv; but the judges shall receive no fees, perquisites of office, nor 
hold any other office of profit under the State, the United States, or 
any other power. 

Sec. 5. The circuit court shall have original jurisdiction in all mat- 
ters, civil and criminal, not otherwise excepted in this constitution. 

Sec\ 6. A circuit court shall l)e held in such counties, and at such 
times and places therein, as may be prescribed bv law ; and the judges 
of the several circuit courts may hold courts for e^ch other, either 
for the entire circuit, or for a portion thereof, and they shall do so 
when required, bv order of the governor or chief-justice of the su- 
preme court; and they may exercise jurisdiction in cases of writs of 
hal}€a^ corpus in any judicial circuit m which the judge may happen 
to be at the time the case arises. 

Se<\ 7. The general assembly shall have power to establish and 
organize a separate court or courts of original equity jurisdiction; 
Init until such court or courts shall Ik* established and organized, the 
circuit courts shall exercise such jurisdiction. 

Sec\ K. There shall l)e elected in each county of this State, by the 
qualified voters, an officer to be styled the judge of probate, to take 
prolMte of wills, to grant letters testamentary, of administration and 
goanlianship, to attend to the settlement of the estates of decedents and 
minors, and to discharge the duties usually ap|>ertaining to courts of 
onlirmrv, and such other duties as may lie required by law; subject 
to the direction and supervision of the circuit courts, as may 1:k3 pro- 
vide! by law. 

Sw\ iK A competent number of justices of the pence shall l)e from 
time tf> time eh^ct^l in and for each count v, in such mode, and for 
*aich term of office, as the general asst^mbly may direct, and shall 
powse>s such jurisdiction as may l)e pres<TilK»d by law; and in cas^^s 
tri«l Jjefore a justice of the jea(*e, the right of ap|)eal sluill Ih» s^uMired 
umler •«urh rules and reffulations as may l)e prcscrilMHl by law. 

Sbc\ 10. There shall oe appointed by the governor, by and with the 
adviw aixl c»f>ns(»nt of the senate, a chief-jnstic<» and two as^(H*iate 
jqstioes of the supreme court of thi^ State, who shall rcsi<le in thi^ 
State^ and hold their office for the term of six years from their 
appointment and confirmation, unless s<M)ner removed under the pro- 
rtoion^ of this constitution, for the removal of jiulge^ by address or 
impea(*}iment ; and for wilful negh'ct of duty, or other reas<mabl<* 
raiLH*, which shall not 1m» sufficient ground for imiM»aclunent, the ^ov- 
•TiKrt' ^hall n'Oiove any of them on the addre-^ of two-thir<l< of the 
iSmml «»*mblv: Provid^d^ /ioir<rff\ That the cans<» or cau^*^ shall 
Ik* notified to tfie judge so intended to be removed, and he shall 1m» 
admitte<l to a hearing in his own defence. Ix^fore any vote for such 



694 Florida— 1866 

removal shall pass, and in such case the vote shall be taken by yeas 
and nays, and entered on the journal of each house respectively, and 
in case of the appointment to fill a vacancy in said offices, the person 
so appointed shall only hold office for the unexpired terni of his pred- 
decessor. 

Sec. 11. There shall be elected, at the time and places prescribed by 
law, by the qualified electors of each of the respective judicial circuits 
of this State, one judge of the circuit court, who shall reside in the cir- 
cuit for which he may be elected, and the said circuit judges shall con- 
tinue in office for the term of six years from the date of their respective 
elections, unless sooner removed, under the provisions in this constitu- 
tion for the removal of judges by address or impeachment; and for 
wilful neglect of duty, or other reasonable cause, which shall not be 
sufficient for impeachment, the governor shall remove any of them, on 
the address of two-thirds of the general assembly; Provided^ however^ 
That the cause or causes shall be stated at length in such address, and 
entered on the journals of each house: And provided further^ That 
the cause or causes shall be notified to such judge so intended to be 
removed, and he shall be admitted to a hearing in his own defence 
before any vote or votes for such removal shall pass ; and in such cases 
the vote shall be taken by yeas and nays, and entered on the journals 
of each house respectively. 

Sec. 12. The appointment of chief -justice and associate justices of 
the supreme court shall be made every sixth year after their first 
appointment, and the election of judges of the circuit court, and 
juages or chancellors of the chancery court, when established, shall be 
held in every sixth year after their first elections, at the same time and 
places as the elections for members of the general assembly. 

Sec. 13. That whenever the general assembly shall create a chancery 
court, under the provisions of this constitution, the jud^s thereof 
shall be elected in the manner provided in the last two sections of this 
article, and shall hold their offices and be subject to all the provisions 
of said sections: Provided^ however^ That the said judges shall be 
elected by general ticket or by districts, as the general assembly may 
direct. 

Sec. 14. That should a vacancy occur either in the chancery or cir- 
cuit courts, by death, removal, resignation, or otherwise, it shall be 
the duty of the governor to issue a writ of election to fill such vacancy, 
and he shall give at least sixty days' notice thereof by proclamation: 
and the judge so elected to fill such vacancy shall continue in office 
from the time he qualifies under his commission until the expiration 
of the term of his predecessor: Provided^ however^ That should it 
become necessary to fill any such vacancy before an election can be 
held under the provisions of this constitution, the governor shall 
have power to fill such vacancy by appointment, and the person so 
appointed shall hold his office from the date of his commission until 
his successor shall be duly elected and qualified. 

Sec. 15. The clerks of the circuit courts of the several circuits of 
this State shall be elected by the qualified voters in their several coun- 
ties at such times and places as are now or may be provided by law : 
Provided^ hovever^ That the chief-justice of the supreme court and 
the chancellors of the court of chancery, when such courts shall be 
established, shall have the power to appoint the clerks of their respec- 
tive courts. 



Florida— 1865 695 

Sec. 16. The justices of the supreme court, chancellors and judges 
of the circuit courts, shall, by virtue of their offices, be conservators of 
the peace throughout the State. 

•Sec. 17. 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, and all indictments shall conclude, " against the peace and 
dignity of the same." 

bEC. 18. There shall be an attorney-general for the State, who shall 
reside at the seat of government, and he shall perform such duties as 
may be prescribed by law ; he shall be elected oy the qualified voters 
of the State, at the san^e time and in the same manner that the comp- 
troller, secretary of state, and treasurer are elected, and his term of 
office shall be the same ; but he may be removed by the governor, on 
the address of a majority of the two houses of the general assembly, 
and shall receive for his services a compensation to be fixed by law. 

Sec. 19. There shall be one solicitor for each circuit, who shall 
reside therein, to be elected by the qualified electors of the circuit, who 
shall hold his office for the term of four years, and shall receive for 
his services a compfensation to be fixed by law. 

Sec. 20. Xo justice of the supreme court shall sit as a judge, or take 
part in the appellate court on the trial or hearing of any case which 
shall have been decided by him in the court below. 

Sec. 21. The general assembly shall have power to establish in each 
county a board of commissioners, for the regulation of the county 
business therein. 

Sec. 22. No duty not judicial shall be imposed by law upon the 
justices of the supreme court, chancellors, or tne judges of the circuit 
courts of this State, except in cases otherwise provided for in this 
constitution. 

Article VI 

THE RIGHT OF SUFFRAGE CIVIL OFFICERS 

Section 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 tne United States, and who shall have resided and had his 
habitation, domicile, home, and place of permanent abode in Florida, 
for one year next preceding the election at which he shall offer to 
vote, and who shall, at such time, and for six months immediately 
preceding said time, have had his habitation, domicile, and place of 
permanent abode in the county in which he may offer to vote, shall 
be deemed a qualified elector at all elections under the constitution, 
and none others; 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 elective district in which he offers to vote: Pro- 
vided^ That no officer, soldier, seaman, or marine in the Regular 
Army or Navy of the United States, or any other person in the 
employ or pay of the United States, unless he be a qualified elector 
of the State previous to his appointment or enlistment as such officer, 
soldier, seaman, or marine m the Regular Army or Navy of the 
United States, or of the revenue service, shall be considered a resident 
of the State in consequence of being stationed within the sanje. 



696 Florida— 1865 

Sec. 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 
infamous crime. 

Sec. 3. No person shall be capable of holding or bein^ elected to 
any post of honor, profit, trust, or emolument, civil or military, legis- 
lative, executive, or judicial, under the government of this State, who 
shall hereafter fight a duel, or send or accept a challenge 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 acceptance, whether the same occur or be 
committed in or out of the State; but the legal disability shall not 
accrue until after trial and conviction, according to due form of law. 

Sec. 4. No person who may hereafter be a collector or holder of 
public moneys shall have a seat in either house of the general as- 
sembly, or be eligible to any office of trust or profit under this State, 
until he shall have accounted for and paid into the treasury all sums 
for which he may be accountable. 

Sec. 5. No governor, member of Congress, or of the general as- 
sembly of this State, shall receive a fee, be engaged as counsel, 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. 

Sec. 6. No senator or representative shall, during the term for 
which he shall have l)een elected, be appointed to any civil office of 
profit under this State, which shall have been created, or the emolu- 
ments of which shall have been increased, during such term, except 
such offices as may be filled by elections by the people. 

Sec. 7. Members of the general assembly, and all officers, civil or 
military, before they enter upon the execution of their respective 
offices, shall take the following oath or affirmation: " I do swear (or 
affirm) that I am duly qualified, according to the constitution of this 
State, to exercise the office to which I have been elected, (or ap- 
pointed,) and will, to the best of my abilities, discharge the duties 
thereof, and preserve, protect, and defend the constitution of this 
State, and of the United States of America." 

Sec. 8. Every person shall be disqualified from serving as gov- 
ernor, senator, representative, or from holding any other office of 
honor or profit in this State, for the term for which he shall have 
been elected, who .shall have been convicted of having given or offered 
any bribe to procure his election. 

Sec. 1). Laws shall be made by the general assembly to exclude 
from office, and from suffrage, those who shall have been, or may 
hereafter be, convicted of bribery, perjury, forgery, or other high 
crime or misdemeanor; and the privilege of suffrage shall l)e sup- 
ported by laws regulating elections, and prohibiting, under adequate 
penalties, all undue influence thereon from power, bril)ery, tumult, or 
other improper j)ractices. 

Sec. 10. AH 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 keej) their respective offices at such 
places therein as may be required by law. 

Sec. 11. It shall be the duty of the general assembly to regulate 



Florida— 1865 697 

by law in what cases and what deduction from the salaries of public 
officers shall be made for any neglect of duty in their official capacity. 

Sec. 12. Returns of elections lor members of Congress and the gen- 
eral assembly shall be made to the secretary of state, in manner to 
be prescribed by law. 

Sec. 13. In all elections of the general assembly the vote shall be 
viva voce^ and in all elections by the people the vote shall be by 
ballot. 

Sec. 14. 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 meml>er of the general assembly of this 
State, or hold or exercise any 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 officei-s, except by special act of the legislature; but the 
legislature shall never unite m the same person two offices the duties 
of which are incompatible. 

Sec. 15. The general assembly shall, by law, provide for the ap- 
pointment or election, and removal from office, of all officers, civil and 
military, in this State, not provided for in this constitution. 

Sec. 16. The power of impeachment shall be vested in the house 
of representatives. 

Sec. 17. All impeachments shall be tried by the senate; when sit- 
ting 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. 

Sec. 18. The governor and all civil officers shall be liable to im- 
peachment for any misdemeanor in office, but judgment in such 
cases shall not extend further than to removal from office and dis- 
qualification to hold any office of honor, trust, or profit under this 
State; but the parties nevertheless shall be liable to indictment, 
trial, and punishment according to law. 

Article VII 

MILITIA 

Section 1. All militia officers shall be elected or appointed, under 
such rules and regulations as the general assembly may from time 
to time direct and establish. 

Sec. 2. All offences against the militia law shall be tried by court- 
martial, or before a court and jury, as the general assembly may 
direct. 

Sec. 3. No commission shall be vacated except by sentence of a 
court-martial. 

Article VIII 

TAXATION AND REVENUE 

Section 1. The general assembly shall advise and adopt a system 
of revenue, having regard to an equal and uniform mode of taxation 
throughout the State. 

Sec. 2. No other or greater amount of tax or revenue shall at any 



698 Florida— 186S 

time be levied that may be required for the necessary expenses of the 
government. 

Sec. 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 expenditures of all public moneys shall be published and 
promulgated annually with the laws of the general assembly. 

Sec. 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 prmciples established in regard to State 
taxation. 

Sec. 5. The general assembly shall have power to authorize the 
levying of a capitation tax. 

Article IX 
census and apportionment of representation 

Section 1. The general assembly shall, in the year one thousand 
eight hundred and sixty-seven, and in the year one thousand eight 
hundred and seventy-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 white inhabitants shall be added three-fifths of 
the number of colored people; and they shall then proceed to ap- 
portion the representation equally among the different counties, 
according to such enumeration, giving, however, one representative 
to every 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. 

Sec. 2. The general assembly shall also, after every such enumera- 
tion, proceed to fix by law the number of senators which shall con- 
stitute 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 section, each of which districts shall be 
entitled to one senator. 

Sec. 3. 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. 

Sec. 4. No county now organized shall oe divided into new counties, 
so as to reduce the inhabitants of either below the ratio of representa- 
tion. 

Sec. 5. The several counties of this State shall be entitled to the 
following representatives, viz: Escambia three, Santa Rosa two, 
Walton two, Holmes one, Washington one, Calhoun one, Franklin 
one, Jackson four, Gadsden three, Leon four, Wakulla one, Liberty 
one, Jefferson three, Madison two, Hamilton two, La Fayette one, 
Taylor one, Suwannee one, Columbia two. Baker one, Bradford one, 
Alachua two, Nassau one, Duval two, Clay one, Saint John's one, 
Putnam one, Marion two, Sumter one. Orange one, Volusia one, 



Florida— 1865^ 699 

Brevard one, Levy one, Hernando one, Hillsborough one, Manatee 
one, Monroe one, Dade one, and Polk one. There shall be twenty- 
nine senatorial districts in this State, which shall be as follows : The 
county of Escambia shall compose the first district; the county of 
Santa Rosa shall compose the second district; the countv of Walton 
shall compose the third district; the counties of Washington and 
Holmes shall compose the fourth district; the county of Franklin 
shall compose the fifth district ; the county of Calhoun shall compose 
the sixth district; the county of Jackson shall compose the seventh 
district; the county of Gadsden shall compose the eighth district; 
the county of Liberty shall compose the ninth district ; the county of 
Leon shall compose the tenth district; the county of Wakulla snail 
compose the eleventh district ; the county of Jeflferson shall compose 
the twelfth district; the county of Madison shall compose the 
thirteenth district; the county of Hamilton shall compose the four- 
teenth district ; the counties of La Fayette and Taylor shall compose 
the fifteenth district; the county oi Columbia shall compose the 
sixteenth district; the county of Suwannee shall compose the seven- 
teenth district; the counties of Baker and Bradford shall compose 
the eighteenth district; the county of Alachua shall compose the 
nineteenth district ; the county of Is assau shall compose the twentieth 
district; the counties of Duval and Clay shall compose the twenty- 
first district ; the counties of Saint John s and Putnam shall compose 
the twenty-second district ; the county of Marion shall compose the 
twenty-third district; the county of Sumter shall compose the twenty- 
fourth district ; the counties of Orange and Volusia shall compose the 
twenty-fifth district; the counties of Levy and Hernando shall com- 
j>ose the twenty-sixth district; the counties of Hillsborough and 
Manatee shall compose the twenty-seventh district; the counties of 
Polk and Brevard shall compose the twenty-eighth district ; and the 
counties of Monroe and Dale shall compose the twenty-ninth district; 
and each senatorial district shall be entitled to one senator. 

Article X 

EDUCATION 

Section 1. The proceeds of all lands for the use of schools and a 
seminary or seminaries of learning shall be and remain a perpetual 
fund, the interest of which, together with all moneys accrued from 
any other source, applicable to the same object, shall be inviolably 
appropriated to the use of schools and seminaries of learning respec- 
tively, and to no other purpose. 

Sec. 2. The general assembly shall take such measures as may 
be necessary to preserve from waste or damage all lands so granted 
and appropriated for the purpose of education. 

Article XI 

public domain and internal improvement 

Section 1. It shall be the duty of the general assembly to pro- 
vide for the prevention of waste and damage of the public lands, 
that may hereafter be ceded to the State of Florida, and it may pass 



700 Florida— 1865 

laws for the sale of any part or portion thereof, and, in such cases, 
provide for the safety, security, and appropriation of the proceeds, 
but in no wise to affect the purposes for which said lands have here- 
tofore l>een appropriated. 

Sec. 2. A liberal system of internal improvements, being essential 
to the development of the resources of the State, shall be encouraged 
by the government of this State; and it shall be the duty of the gen- 
eral assembly, as soon as practicable, to ascertain by law proper 
objects for the extension of internal improvements, in relation to 
roads, canals, and navigable streams, and to provide for a suitable 
application of such funds as may have been, or may hereafter be, 
appropriated by said general assembly for such improvements. 

Sec. 3. That the general assembly may at any time cede to the 
United States Government a sufficient parcel or fraction of land for 
the purpose of coast defence and other national purposes. 

Article XII 

liOlINDAmES 

Sectiox 1. The boundary of the State of Florida shall be as fol- 
lows: Commencing at the mouth of the river Perdido, from thence 
up the middle of said river to where it intersects the southern bound- 
ary-line of the State of Alabama, on the thirty-first degree of north 
latitude; then due east to the Chattahoochee river; thence down the 
middle of said river to its confluence with the Flint River; from 
thence straight to the head of the Saint Mary's River; thence down 
the middle of said river to the Atlantic Ocean; thence southwardly 
to the Gulf of Florida and Gulf of Mexico; thence northwardly and 
westwardly, including all islands within five leagues of the shore, to 
the beginning. 

Article XIII 

BANKS AND OTHER CORPORATIONS 

Section 1. The general assembly shall pass no act of incorpora- 
tion, nor make any alteration in one, unless with the assent of at 
least two-thirds of each house, and unless public notice in one or 
more newspapers in the State shall have been given for at least three 
months immediately preceding the session at which the same may be 
applied for. 

Sec. 2. No bank-charter, nor any act of incorporation granting 
exclusive privileges, shall be granted for a longer period than twenty 
years. 

Sec 3. Banks chartered by the general assembly shall be restricted 
to the business of exchange, discount, and deposit, and they shall not 
(leal in real estate, nor in merchandise or chattels, except as security 
for loans or discounts, or for debts due to such bank; nor shall they 
be concerned in insurance, manufacturing, exportation, or importa- 
tion, except of bullion or specie; nor shall they own real estate or 
chattels, except such as shall be necessary for their actual use in the 
transaction of business, or which may be received in payment of 
previously-contracted debts, or purchased at legal sales to satisfy 



Florida— 1865 701 

such debts, of which they shall be required to make sale within three 
years after the acquisition thereof. 

Sec. 4. The capital stock of any bank shall not be less than one 
hundred thousand dollars, to be paid in suitable instalments, and 
shall be created only by the payment of specie therein. 

Sec. 5. All liabilities of such banks shall be payable in specie, and 
the circulation of no bank shall exceed three dollars for one of capital 
actually paid in. 

Sec. 6. No dividends or profits exceeding ten per centum per 
annum on the capital stock paid in shall be made; but all profits 
over ten per centum per annum shall be set apart and retained as a 
safety fund. 

Sec. 7. Stockholders in a bank, when an act of forfeiture is com- 
mitted, or when it is dissolved or has expired, shall be individually 
and severally liable for the redemption of the outstanding circula- 
tion, in proportion to the stock owned by each; and no transfer of 
stock shall exonerate such stockholders from this liability, unless 
such transfer was made at least two years previous to said forfeiture, 
dissolution, or expiration. 

Sec. 8. Banks shall be open to inspection, under such regulations 
as may be prescribed by law ; and it shall be the duty of the governor 
to appoint a person or persons, not connected in any manner with any 
bank in the State, to examine at least once a year into their state and 
condition ; and the ofiicers of every bank shall make quarterly returns, 
under oath, to the governor of its state and condition, and the names 
of the stockholders, and shares held by each. 

Sec. 9. Non-user for the space of one year, or any act of a cor- 
poration, or those having the control or management thereof, or in- 
trusted therewith, inconsistent with or in violation of the provisions 
of this constitution or of its charter, shall cause its forfeiture, and 
the general assembly shall by general law provide a summary process 
for the sequestration of its effects and assets, and the appointment of 
ofiicers to settle its affairs ; and no forfeited charter shall be restored. 

Sec 10. The general assembly shall not pledge the faith and credit 
of the State to raise funds in the aid of any corporation whatever. 

Article XIV 

AMENDMENTS AND REVISIONS OF THE CONSTITUTION 

Section 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 representatives in the 
general assembly. The same qualifications shall be required in dele- 
gates and in electors that are required in members of the general 
assembly, and voters for the same respectively ; and the elections for 
delegates to a convention, and the returns oi such election, shall be 
7251— VOL 1—07 47 



702 Florida— 1866 

held and made in the manner prescribed by law for regulating elec- 
tions for members of the general assembly, but the convention shall 
judge of the qualifications of its members. 

Article XV 

SEAT OF GOVERNMENT 

The seat of government shall be and remain permanent at the city 
of Tallahassee, until otherwise provided for by the action of a con- 
vention of the people of the State. 

Article XVI 

GENERAL PROVISIONS 

Section 1. T\Tiereas slavery has been destroyed in this State by 
the Government of the United States, therefore neither slavery nor 
involuntary servitude shall in future exist in this State, except as a 
punishment for crimes whereof the party shall have been convicted 
by the courts of the State ; and all the inhabitants of the State, with- 
out distinction of color, are free, and shall enjoy the rights of person 
and property, without distinction of color. 

Sec. 2. In all criminal proceedings founded upon injury to a col- 
ored person, and in all cases affecting the rights and remedies of 
colored persons, no person shall be incompetent to testifj^ as a wit- 
ness on account of color; in all other cases, the testimony of colored 
persons shall be excluded, unless made competent by future legisla- 
tion. The jury shall judge of the credibility of the testimony. 

Sec. 3. The jurors of this State shall be white men, possessed of 
such qualifications as may he prescribed by law. 

Sec. 4. Treason against the State shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 
Xo person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or his confession in open court. 

Sec. 5. Divorces from the bonds of matrimony shall not be allowed 
l)ut by the judgment of a court, as shall be prescribed by law. 

Sec. 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. 

Sec. 7. The oaths of officers directed to be taken under this consti- 
tution may be administered by any judjje or justice of the peace in 
(ho State of Florida until otherwise provided by law. * 

ArTK LK XVII 
SCHEDULE AND ORDINANCE. 

Section 1. All laws of the State passed during and since the tenth 
session of the legislature thereof, in 1800, not repugnant to the con- 
stitution of this State or of the United States, shall be valid; all 
writs, actions, prosecutions, judgments, and decrees of the courts of 
the State, all executions and sales made thereunder, and all acts, 
orders, and proceedings of the judges of probate, and of executors, 






Florida— 1865 703 

administrators, guardians, and trustees, provided they were in con- 
formity to the laws then in force, and not fraudulent, shall be as 
valid as if made under the usual and ordinary legislation of the 
country, provided that the same be not repugnant to the constitution 
of the State and of the United States. 

Sec. 2. All fines, penalties, forfeitures, obligations, and escheats 
heretofore accruing to the State of Florida, and not made unlawful 
by the constitution or laws of the United States, shall continue to 
accrue to the use of the State. 

Sec. 3. All recognizances heretofore taken shall remain valid, and 
all bonds executed to the governor of the State of Florida, either be- 
fore or since the 1st day of January, 1861, or to any other officer of 
the State in his official capacity, shall be of full force and virtue for 
the uses therein respectively expressed, and may be sued for and 
recovered accordingly; and all criminal prosecutions and penal ac- 
tions which have arisen may be prosecuted to judgment and execu- 
tion in the name of the State. 

Sec. 4. The provisional governor of this State is hereby requested 
to authorize the civil officers of this State who were discharging the 
duties of their offices prior to or during the month of May, A. D. 1865, 
to resume the exercise of the functions of their respective offices, and 
to make such other appointments to office as may be necessary or 
proper to reorganize or reestablish the civil government of this State; 
and all actions at law or suits in chancery, or any proceeding pending 
in any of the courts in this State prior to or durmg the said month 
of May, A. D. 1865, and either before or subsequent to the 10th day of 
January, A. D. 1861, shall continue in all resj>ects valid, and may be 
prosecuted to judgment and decree; and all judgments and decrees 
rendered in civil causes in anj^ of the courts in this State during the 
period of time last above specified, and not repugnant to the Consti- 
tution of the United States, are hereby declared of full force, validity, 
and effect. 

Sec. 5. The provisional governor of the State is hereby requested 
and authorized, at as early a dav as practicable, to issue writs of 
election to the proper officers in the dinerent counties in this State, 
and make proclamation for an election for governor, lieutenant-gov- 
ernor, secretary of state, treasurer, comptroller of public accoimts, 
attorney-general, circuit judges, judge of probate, sheriffs, clerks of 
circuit courts, solicitors. Representative in Congress, senators and 
representatives of the general assembly, county commissioners, cor- 
oners, justices of the peace, county surveyors, and all other officers 
provided for by this constitution. The said election shall be held on 
the 29th day of November, A. D. 1865. The said election shall be 
conducted according to the existing laws of the State of Florida, and 
shall take place on the same day throughout the State, the returns to 
be made according to law. The members of the general assembly, so 
elected, shall assemble on the 3d Monday in December, A. D. i865. 
The governor, lieutenant-governor, secretary of state, treasurer, comp- 
troller of public accounts, attorney-general, circuit judges, judges of 
probate, sheriffs, clerks of circuit courts, solicitors. Representative in 
Congress, senators and representatives of the general assembly, county 
commissioners, coroners, justices of the peace, county surveyors, and 
all other officers provided for by this constitution, shall enter upon the 
duties of their respective offices immediately after their election, and 



( 



704 Florida— 1868 

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, A. D. 1865. The Representative in Congress shall continue 
in office in the same manner and during the same period he would 
have done had he been elected on the first Monday in October, A. D. 
1865. 

Sec. 6. The statutes of limitations shall not be pleaded upon any 
claim in the hands of any person whomsoever, not sued upon when 
Fuch claim was not barred oy the statutes of limitation on the 10th 
day of January, 1861. 

Sec. 7. No law of this State providing that claims or demands 
against the estates of decedents shall be barred if not presented within 
two years, shall be considered as being in force within this State 
l^etween the 10th day of January, 1861, and the 25th day of October, 
1865. 

Done in open convention. In witness whereof the undersigned, the 
president or said convention, and delegates present, representing the 
people of Florida, do hereby sign our names this the seventh dav of 
November, anno Domini eighteen hundred and sixty-five, and of the 
Independence of the United States the ninetieth year, and the secre- 
tary of said convention doth countersign the same. 

E. D. Tracy, President. 

A. J. Peeler, Secretary, 



CONSTinrTION OF FLORIDA— 1868 * « 
preamble 

We the people of the State of Florida, grateful to Almighty God for 
our freedom, in order to secure its blessing and form a more per- 
fect government, insuring domestic tranquillity, maintaining puolic 
order, perpetuating liberty, and guaranteeing equal civil and polit- 
ical rights to all, do establish this constitution : 

Article I 
declaration of rights 

Section 1. All men are by nature free and equal, and have certain 
inalienable rights, among which are those of enjoying and defending 
life and liberty, acquiring, possessing, and protecting property, and 
pursuing and obtaining safety and happiness. 

Sec. 2. All political power is inherent in the people. Government 
is instituted for the protection, security, and benefit of its citizens. 



* Sec Journal of the Proceedings of the Constitutional Convention of the State 
of Florida, Begun and Held at the Capitol, at Tallahassee, on Monday, Januarv 
2()th, 18<». Tallahassee: Edward M. Cheney, Printer, 18(58. pp. 134. 

oThis constitution was framed at a convention held under the reconstnn*tion 
laws at Tallahassee, January 20, 1S<»8, which ipmored the constitution of 18<»5, 
and completed its work Fehruary 25. 18r>8. It was submitted to the people In 
May, 18(58, and ratified by 14,520 votes against 9,491 votes. 



Floridxi—1868 705 

and they have th^ ri^ht to alter or ailiend the same whenever the 
public good may require it; but the paramount allegiance of every 
citizen is due to the Federal Government, and no power exists with 
the people of this State to dissolve its connection therewith. 

Sec. 3. This State shall ever remain a member of the American 
Union, the people thereof a part of the American nation, and any 
attempt, from whatever source, or upon whatever pretense, to dissolve 
said Union, or to sever said nation, shall be resisted with the whole 
power of the State. 

Sec. 4. The right of trial by jury shall be secured to all, and re- 
main inviolate forever; but in all civil cases a jury -trial may be 
waived by the parties in the manner to be prescribed by law. 

Sec. 5. The iree exercise and enjoyment of religious profession and 
worship shall forever be allowed in this State, and no person shall 
be rendered incompetent as a witness on account of his religious 
opinions; but the liberty of conscience hereby secured shall not be I 
so construed as to justify licentiousness, or practices subversive of the 
peace and safety of the State. 

Sec. 6. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of invasion or rebellion, the 'public 
safety may require its suspension. 

Sec. 7. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel or unusual punishment be inflicted, nor shall 
witnesses be unreasonably detained. 

Sec. 8. All persons shall be bailable by sufficient sureties, unless 
for capital offences, when the proof is evident, the presumption great. 

Sec. 9. No person shall be tried for a capital or otherwise infamous 
crime, except in cases of impeachment, and in cases of the militia 
when in active service in time of war, or which the State may keep, 
with the consent of Congress, in time of peace, and in cases of petit 
larceny, made under the regulation of the legislature, unless on pre- 
sentment and indictment by a grand jury; and in any trial by any 
court the party accused shall be allowed to appear and defend in per- 
son, and with counsel, as in civil actions. Iso person shall be subject 
to be twice put in jeopardy for the same offence, nor shall be com- 
pelled in any criminal case to be a witness against himself, nor be 
deprived of life, liberty, or property without due process of law ; nor 
shall private property be taken without just compensation. 

Sec. 10. Every citizen may fully speak and write his sentiments on 
all subjects, being responsible for the abuse of that right, and no law 
shall be passed to restrain or abridge the liberty of speech or the 
press. In all criminal prosecutions and civil actions for libel the 
truth may be given in evidence to the jury, and if it shall appear 
that the matter charged as libellous is true, but was published irom 
good motives, the party shall be acquitted or exonerated. 

Sec. 11. The people shall have the right to assemble together to 
consult for the common good, to instruct their representatives, and 
to petition the legislature for redress of grievance. 

Sec. 12. All laws of a general nature shall have a uniform 
operation. 

Sec. 13. The military shall be subordinate to the civil power. 

Sec. 14. No soldier shall, in time of peace, be quartered in any 



706 Florida— 1868 

house, except with the consent of the owner, nor in time of war, 
except in manner prescribed by law. 

Sec. 15. Representatives shall be apportioned according to popula- 
tion, as well as may be, but no county shall have more than four 
representatives and less than one representative in the assembly. 

Sec. 16. No person shall be imprisoned for debt, except in case of 
fraud. 

Sec. 17. No bill of attainder, or ex post facto law, impairing the 
obligations of contracts, shall ever be passed. 

Sec. 18. Foreigners, who are, or who may hereafter become, bonu- 
fide residents of the State, shall enjoy the same rights in respect to 
possession, enjoyment, and inheritance of property as native-bom 
citizens. 

Sec. 19. Neither slavery or involuntary servitude, unless for the 
punishment of crime, shall ever be tolerated in this State. 

Sec. 20. The right of the people to be secure in either person, 
houses, papers, and effects, agamst unreasonable seizures and searches, 
shall not be violated, and no warrants issued but in probable cause, 
supported by oath or affirmation, particularly descrioing the place 
or places to be searched, and the person or persons and thing or 
things to be seized. 

Sec. 21. Treason against the State shall consist only in levying 
war against it, adhering to its enemies, or giving them aid and com- 
fort; and no person shall be convicted of treason unless on the testi- 
mony of two witnesses to the overt act, or confession in open court 
This enunciation of rights shall not be construed to impair or deny 
others retained by the people. 

Sec. 22. The people shall have the right to bear arms in defence 
of themselves and of the lawful authority of the State. 

Sec. 23. No preference can be given by law to any church, sect^ 
or mode of worship. 

Article II 

BOUNDARIES 

The boundaries of the State of Florida shall be as follows: Com- 
mencing at the mouth of the river Perdido; from thence up the 
middle of said river to where it intersects the south boundary-line of 
the State of Alabama on the thirty-first degree of north latitude; 
thence due east to the Chattahoochee River ; thence down the middle 
of said river to its confluence with the Flint River; from thence 
straight to the head of the Saint Mary's River; thence down the 
middle of said river to the Atlantic Ocean; thence southeastwardly, 
along the coast, to the edge of the Gulf Stream; thence southwesV 
wardly, along the edge or the Gulf Stream and Florida Reefs, to 
and including the Tortugas Islands; thence northwestwardly to a 

f)oint five leagues from the mainland; thence northwCvStwardiy five 
eagues from the shore, including all islands, to a point five leagues 
due south from the middle of the mouth of Perdido River; thence 
to the place of beginning. 



Florida— 1868 707 

Article III 



SEAT OF GOVERNMENT 



The seat of government shall be and remain permanent at the 
city of Tallahassee, in the county of Leon, until otherwise located by 
a majority vote of the legislature, and by a majority vote of the 
people. 

Article IV 

DISTRIBUTION OF POWER 

The powers of the government of the State of Florida shall be 
divided into three departments, to wit, legislative, executive, and 
judicial. No person properly belonging to one of the departments 
shall exercise any functions appertainmg to either of the others, 
except in those cases expressly provided for by this constitution. 

Article V 

LEGISLATIVE] DEPARTMENT 

Section 1. The legislative authority of this State shall be vested 
in a senate and assembler, which shall be designated "The legisla- 
ture of the State of Florida," and the sessions thereof shall be held 
at the seat of government of the State. 

Sec. 2. The sessions of the legislature shall be annual ; the first ses- 
sion on the second Monday of June, A. D. 1868, and thereafter on the 
first Tuesday after the first Monday of Januarjr, commencing in the 

Jrear A. D. 1869. The governor may, in the interim, convene the 
egislature in extra session by his proclamation. 

Sec. 3. The members of the assembly shall be chosen biennially; 
those of the first legislature on the first Monday, Tuesday, and Wed- 
nesday of May, A. D. 1868, and thereafter on the first Tuesday after 
the first Monday of November, commencing with the year A. D. 1870. 

Sec. 4. Senators shall be chosen for the term of four years, at the 
same time and place as members of the assembly: Provided^ That 
the senators elected at the first election from the senatorial districts 
designated by even numbers shall vacate their seats at the expiration 
of two years, and thereafter all senators shall be elected for the term 
of four years, so that one-half of the whole number shall be elected 
biennially. 

Sec. 5. Senators and members of the assembly shall be duly quali- 
fied electors in the respective counties and districts which they 
represent. 

Sec. 6. Each house shall judge of the qualifications, elections, and 
returns of its own members ; choose its own officers, except the presi- 
dent of the senate, determine the rules of its proceedings, and may 
punish its members for disorderly conduct, and, with the concurrence 
of two-thirds of all the members present, expel a member. 

Sec. 7. Either house, during the session, may punish by imprison- 
ment any person, not a member, who shall have been guilty of dis- 
orderly or contemptuous conduct in its presence ; but such imprison- 
ment shall not extend beyond the final aajournment of the session. 



708 Florida— 1868 

Sec. 8. A majoritv of each house shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, and 
may compel the presence of absent members in such manner and 
under such penalties as each house may prescribe. 

Sec. 9. Any person who shall be convicted of embezzlement or 
defalcation of the funds of this State, or of having given or offered 
a bribe to secure his election or appointment to office, or of having 
received a bribe to aid in the procurement of office for any other 
person, shall be disqualified from holding anv office of honor, profit, 
or trust in the State ; and the legislature shall, as soon as practicable, 
provide by law for the punishment of such embezzlement, defalcation, 
or bribery as a felony. 

Sec. 10. Each house shall keep a journal of its own proceedings, 
which shall be published, and the yeas and nays of the members of 
either house on any question shall, at the desire of any three members 
present, be entered on the journal. 

Sec. 11. The doors of each house shall be kept open during its ses- 
sion, except the senate while sitting in executive session ; and neither 
shall, without the consent of the other, adjourn for more than three 
days, or to any other town than that in which they may be holding 
their session. 

Sec. 12. Any bill may originate in either house of the legislature, 
and after being passed in one house may be amended in the other. 

Sec. 13. The enacting clause of every law shall be as follows : ''^The 
people of the State of Florida^ represented in senate and assembly^ d^ 
enact as follows ^ 

Sec. 14. Each law enacted in the legislature shall embrace but one 
subject, and matters properly connected therewith, which subject 
shall be briefly expressed in the title; and no law shall be amended or 
revised by reference to its title only, but in such case the act as 
revised, or section as amended, shall be reenacted and published at 
length. 

Sec. 15. Every bill shall be read by sections in three several days in 
in each house, unless, in case of emergency, two-thirds of the house 
where such bill may be pending shall deem it expedient to dispetise 
with this rule ; but the reading of a bill by sections on its final pas- 
sage shall in no case be dispensed with; and the vote on the nnal 
passage of every bill, or joint resolution, shall be taken by yeas and 
nays, to be entered in the journal of each house, and a majority of 
the members present in each house shall be necessary to pass every 
bill or joint resolution, and all bills or point resolutions so passed 
shall be signed by the presiding officers oi the respective houses, and 
by the secretary of the senate and clerk of the assembly. 

Sec. 16. No money shall be drawn from the treasury except by 
appropriation made by law, and accurate statements of the receipts 
and expenditures of the public money shall be attached to and pub- 
lished with the laws passed at every regular session of the legislature. 

Sec. 17. The legislature shall not pass special or local laws in any 
of the following enumerated cases, that is to say: regulating the 
jurisdiction and duties of any class of officers, or for the punishment 
of crime or misdemeanor; regulating the practices of courts of jus- 
tice; providing for changing venue of civil and criminal cases; 
granting divorces; changing the names of persons; vacating roads, 
town-plats, streets, alleys, and public squares; summoning and 



Florida— 1868 709 

impanelling grand and petit juries, and providing for their compen- 
sation ; regulating county, township, and municipal business ; regu- 
lating the election of county, township, and municipal officers ; or the 
assessment and collection of taxes for State, county, and municipal 
purposes; providing for opening and conducting elections for State, 
county, and mimicipal officers, and designating the places of voting ; 
providing for the sale of real estate belonging to minoi*s or other per- 
sons laboring under legal disabilities; regulating the fees of officers. 

Sec. 18. In all cases enumerated in the preceding section, and iti all 
other cases where general law can be made applicable, all laws shall 
be general and of uniform operation throughout the State. 

Sec. 19. Provision may be made bj^ general law for bringing suit 
a^inst the State as to all liabilities now existing or hereafter 
originating. 

Sec. 20. Liotteries are hereby prohibited in this State. 

Sec. 21. The legislature shall establish a uniform system of county, 
township, and municipal government. 

Sec. 22. The le^slature shall provide by general law for incorpo- 
rating such municipal, educational, agricultural, mechanical, mining, 
and other useful companies or associations as may be deemed 
necessary. 

Sec. 23. Laws shall be passed regulating elections, and prohibiting, 
under adequate penalties, all undue influence thereon from power, 
bribery, tumult, or other improper practice. 

Sec. 24. Regular sessions of the legislature may extend to sixty 
days, but any special session convened by the governor shall not 
exceed twenty days. 

Sec. 25. All property, both real and personal, of the wife, owned 
by her before marriage, or acquired afterward by gift, devise, descent, 
or purchase, shall be her separate property, ana not liable for the 
debts of her husband. 

Sec. 26. The legislature shall provide for the election by the people, 
or appointment by the governor, of all State, county, or municipal 
officers not otherwise provided for by this constitution, and fix by law 
their duties and compensation. 

Sec. 27. Every bill which may have passed the legislature shall, 
before becoming a law, be presented to the governor; if he approves 
it he shall sign it, but if not, he shall return it with his objections to 
the house in which it originated, which house shall cause such objec- 
tions to be entered upon its journals, and proceed to reconsider it; if 
after such reconsideration it shall pass both houses by a two-thirds 
vote of the members present, which vote shall be entered on the jour- 
nal of each house, it shall become a law. If any bill shall not be 
returned within five days (Sundays excepted) after it shall have been 
presented to the governor, the same shall be a law, in like manner as 
if he had signed it. If the legislature by its final adjournment pre- 
vent such action, such bill shall be a law, unless the governor, within 
ten days next after the adjournment, shall file such bill with his 
objections thereto in the office of the secretary of state, who shall lay 
the same before the legislature at its next session, and if the same 
shall receive two-thirds of the votes present it shall become a law. 

Sec. 28. The assembly shall have the sole power of impeachment, 
but a vote of two-thirds of all the members present shall be required 
to impeach any officer; and all impeachments shall be tried by the 



710 Florida— 1868 

senate when sitting for that purpose. The senators shall be upon oath 
or aflSrmation, and no person shall be convicted without the concur- 
rence of two-thirds of the senators present. 

The chief -justice shall preside at all trials by impeachment, except 
in the trial of the chief -justice, when the lieutenant-governor shall 
preside. 

The governor, lieutenant-governor, members of the cabinet, justices 
of the supreme court, and judges of the circuit court, shall be liable 
to impeachment for any misdemeanor in office; but judgment in such 
cases shall extend only to removal from office and disqualification to 
hold any office of honor, trust, or profit under the State; but the 
party convicted or acquitted shall, nevertheless, be liable to indict- 
ment, trial, and punishment according to law. AH other officers who 
shall have been appointed to office by the governor, and by and with 
the consent of the senate, may be removed from office upon the 
recommendation of the governor and consent of the senate, but they 
shall nevertheless be liable to indictment, trial, and punishment 
according to law for any misdemeanor in office ; all other civil officers 
shall be tried for misdemeanors in office in such manner as the legis- 
lature may provide. 

Sec. 29. The legislature shall elect United States Senators in the 
manner prescribed by the Congress of the United States and by this 
constitution. 

Sec. 30. Laws making appropriation for the salaries of public 
officers, and other current expenses of the State, shall contain pro- 
visions on no other subject. 

Article VI 

EXECUTIVE department 

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

Sec. 2. The governor shall be elected by the qualified electors at the 
same time and places of voting for the members of the legislature, and 
shall hold his office for four years from the time of his installation : 
Provided^ That the term of the first governor elected under this con- 
stitution shall expire at the opening of the regular session of the leg- 
islature of A. D. 1873, and until his successor shall be qualified. He 
shall take the oath of office prescribed for all State officers. 

Sec. 3. No person shall be eligible to the office of governor who is 
not a qualified elector, and who has not been nine years a citizen of the 
United States, and three years of the State of Florida, next preceding 
the time of his election. 

Sec. 4. The governor shall be commander-in-chief of the military 
forces of the State, except when they shall be called into the servi(» 
of the United States. 

Sec. 5. He shall transact all executive business with the officers of 
the government, civil and military, and may require information in 
writing from the officers of the administrative department upon any 
subject relating to the duties of their respective omces. 

Sec. 6. He shall see that the laws' are faithfully executed. 



Florida— 1868 711 

Sec. 7. When any oflSce, from any cause, shall become vacant, and 
no mode is provided by this constitution or by the laws of the State 
for fiUinff such vavancy, the governor shall have the power to fill such 
vacancy by granting a commission which shall expire at the next 
election. 

Sec. 8. The governor may, on extraordinary occasions, convene the 
legislature by proclamation, and shall state to both houses, when 
organized, the purpose for which they have been convened, and the 
legislature then shall transact no legislative business except that for 
which they are especiallv convened, or such other le^slative business 
as the governor may call to the attention of the legislature while in 
session, except by the unanimous consent of both houses. 

Sec. 9. He shall communicate by message to the legislature at each 
regular session the condition of the State, and recommend such meas- 
ures as he may deem expedient. 

Sec. 10. In case of a disagreement between the two houses with 
respect to the time of adjournment, the governor shall have power 
to adjourn the legislature to such time as he may think proper, pro- 
vided it is not l^yond the time fixed for the meeting of the next 
legislature. 

Sec. 11. The governor shall have power to suspend the collection 
of fines and forfeitures, and grant reprieves for a period not exceed- 
ing sixtj days, dating from the time of conviction, for all offences, 
except m cases of impeachment. Upon conviction for treason he 
shall have power to suspend the execution of sentence until the case 
shall be reported to the legislature at its next session, when the legis- 
lature shall either pardon, direct the execution of the sentence, or 
grant a further reprieve; and if the legislature shall fail or refuse 
to make final disposition of such case, the sentence shall be enforced 
at such time and place as the governor may by his order direct. The 
governor shall communicate to the legislature at the beginning of 
every session every case of fine or forfeiture remitted or reprieved, 
pardon or commutation granted, stating the name of the convict, the 
crime for which he was convicted, the sentence, its date, and the date 
of its remission, commutation, pardon, or reprieve. 

Sec. 12. The governor, justices of the supreme court, and attorney- 
general, or a major part of them, of whom the governor shall be one, 
may, upon such conditions and with such limitations and restrictions 
as they may deem proper, remit fines and forfeitures, commute pun- 
ishments, and grant pardons after conviction, in all cases except 
treason and impeachments, subject to such regulations as may be pro- 
vided by law relative to the manner of applying for pardons. 

Sec. 13. The grants and commissions shall he in the name and 
under the authority of the State of Florida, sealed by the great seal 
of the State, signed by the governor, and countersigned by the sec- 
retary of state. 

Sec. 14. A lieutenant-governor shall be elected at the same time 
and places, and in the same manner, as the. governor, whose term of 
office and eligibility shall also be the same. He shall be the presi- 
dent of the senatCj but shall have only a casting vote therein. If 
during a vacancy of the office of governor the Reutenant-governor 
shall be impeached, displaced, resign, die, or become incapable of 
performing the duties of his office, or be absent from the State, the 



712 Florida— 1868 

president pro tempore of the senate shall act as governor until the 
office be filled or the disability cease. 

Sec. 15. In the case of the impeachment of the governor, or his 
removal from office, death, inability to discharge his official duties, 
or resignation, the power and duties of the office shall devolve upon 
the lieutenant-governor for the residue of the term, or until the dis- 
ability shall cease; but the governor shall not, without the consent 
of the legislature, be out of the State in time of war. 

Sec. 16. The governor may at any time require the opinion of the 
justices of the supreme court as to the interpretation or any portion 
of this constitution, or upon any point of law, and the supreme court 
shall render such opinion in writing. 

Sec. 17. The governor shall be assisted by a cabinet of adminis- 
trative officers, consisting of a secretary of state, attorney-general, 
comptroller, treasurer, surveyor-general, superintendent of public 
instruction, adjutant-general, and commissioner of immigration. 
Such officers shall be appointed by the governor, and confirmed by 
the senate, and shall hold their offices the same time as the governor, 
or until their successors shall be qualified. 

Sec. 18. The governor shall, by and with the consent of the senate, 
appoint all commissioned officers of the State militia. 

Sec. 19. The governor shall appoint, by and with the consent of 
the senate, in each county, an assessor of taxes and collector of rev- 
enue, whose duties shall be prescribed by law, and who shall hold 
their offices for two years, and be subject to removal upon the recom- 
mendation of the governor and consent of the senate. The governor 
shall appoint in each county a county treasurer, county surveyor, 
superintendent of common schools, and five county commissioners, 
each of whom shall hold his office for two years, the duties of which 
shall be prescribed by law. Such officers shall be subject to removal 
by the governor when in his judgment the public welfare will be 
advanced thereby : Provided^ No officer shall oe removed except for 
wilful neglect of duty, or a violation of the criminal laws of the State, 
or for incompetency. 

Sec. 20. The governor and cabinet shall constitute a board of com- 
missioners of State institutions, which board shall have supervision 
of all matters connected therewith, in such manner as shall be pre- 
scribed by law. 

Sec. 21. The governor shall have power, in cases of insurrection or 
rebellion, to suspend the writ of habeas corpus within the State, 

Article VII 

JUDICIAL department 

Section 1. The judicial power of the State shall be vested in a 
supreme court, circuit courts, county courts, and justices of the peace. 

Sec. 2. The style of all process shall be, " The State of Florida ; " 
and all prosecutions shall be conducted in the name and by the 
authority of the same. 

Sec. 3. The supreme court shall consist of a chief-justice and two 
associate justices, who shall hold their offices for life or during good 
behavior. They shall be appointed by the governor and confirmed by 
the senate. 



Florida— 1868 713 

Sec. 4. The majority of the justices of the supreme court shall con- 
stitute a quorum for the transaction of all business. The supreme 
court shall hold three terms each year, in the supreme court room at 
the seat of government. Such terms shall commence on the second 
Tuesday of October, January, and April, respectively. 

Sec. 5. The supreme court shall have appellate jurisdiction in all 
cases in equity, also in all cases of law in which is involved the title 
to or right of possession of real estate, or the legality of any tax, 
impost, assessment, toll, or municipal fine, or in which the demand or 
the value of the property in controversy exceeds three hundred dol- 
lars; also in all other civil cases not included in the general subdi- 
visions of law and equity; also in all questions of law alone, in all 
criminal cases in which the offences charged amount to felony. The 
court shall have power to issue writs of mandamus^ certiorari^ pro- 
hibition, quo warranto^ habeas corjmSj and also all writs necessary or 
proper to the complete exercise of its appellate jurisdiction. 

Each of the justices shall have the power to issue writs of habeas 
corpus to any part of the State, upon petition by or on behalf of any 
person held in actual custody, and may make such writs returnable 
before himself, or the supreme court, or before any circuit court in the 
State, or before any judge of said courts. 

Sec. 6. The supreme court shall appoint a clerk of the supreme 
court, who shall have his office at the capitol, and shall be librarian 
of the supreme court library ; he shall hold his office until his succes- 
sor is appointed and qualified. 

Sec. 7. There shall be seven circuit judges appointed by the gov- 
ernor, and confirmed by the senate, who shall hold their office for 
eight years. The State shall be divided into seven judicial districts, 
the limits of which are defiiled in this constitution, and one judge 
shall be assigned to each circuit. Such judge shall hold two terms of 
his court in each county within his circuit each year, at such times 
and places as shall be prescribed by law. The chief -justice may, in 
his discretion, order a temporary exchange of circuits by the respec- 
tive judges, or any judge to hold one or more terms m any other 
circuit than that to which he is assigned. The judge shall reside in 
the circuit in which he is assi^ed. 

Sec. 8. The circuit courts in their several judicial circuits shall 
have original jurisdiction in all cases of equity; also in all cases at 
law whicn involve the title or the right of possession to, or the posses- 
sion of, or the boundaries of real property; of the legality of any 
tax, impost, assessment, toll, or municipal nne, and in all other cases 
in which the demand or the value of property in controversy exceeds 
three hundred dollars, and of the action of forcible entry and unlaw- 
ful detainer, and also in all criminal cases amounting to felony. 
Thev shall have final appellate jurisdiction in all civil cases arising 
in the county court in which the amount in controversy is one hun- 
dred dollars and upwards, and in all cases of misdemeanor. The 
circuit courts and the judges thereof shall have power to issue writs 
of mandamus^ injunction, quo warranto^ certiorari^ and all other writs 
pr«>per and necessary to the complete exercise of their jurisdiction, 
ana also shall have power to issue writs of habeas corpus on petition 
by or on behalf of any person held in actual custody m their respec- 
tive circuits. 

Sec. D. There shall be a county court organized in each county. 



714 Florida— 1868 

The governor shall appoint a county judge for each county, who shall 
be confirmed by the senate, and such judge shall hold his office for 
four years from the date of his commission, or until his successor is 
appointed and qualified. 

Sec. 10. The county court shall be a court of oyer and terminer. 

Sec. 11. The county court shall have jurisdiction of all misde- 
meanors and all civil cases where the amount in controversy does not 
exceed three hundred dollars; and its jurisdiction shall be nnal in all 
civil cases where the amount in controversy does not exceed one hun- 
dred dollars; but in no case shall the county court have jurisdiction 
when the title or boundaries of real estate is in controversy, or where 
the jurisdiction will conflict with that of the several courts of record; 
but they may have coextensive jurisdiction with the circuit courts in 
cases or forcible entry and unlawful detention of real estate, subject 
to appeal to the circuit court. The county court shall have full surro- 
gate or probate powers, but subject to appeal. Provision shall be 
made by law for all other powers, duties, and responsibilities of the 
county courts and judges. There shall be a regular trial-term of 
the coimty courts six times in each year, at such times and places as 
may be prescribed by law. 

Sec. 12. The grand and petit jurors shall be taken from the regis- 
tered voters of the respective counties. 

Sec. 13. In all trials, civil and criminal, in the circuit and county 
courts, the evidence shall be reduced to writing by the clerk of the 
court or his deputy, under the control of the court; and every wit- 
ness after his examination shall have done, shall be at liberty to cor- 
rect the evidence he has given, and afterwards shall sign tne same; 
such evidence shall be filed in the office of the clerk, with the papers 
in the case. 

Sec. 14. All pleas shall be sworn to either by the parties or their 
attorneys. 

Sec. 15. The governor shall appoint as many justices of the i>eace 
as he may deem necessary. Justices of the peace shall have criminal 
jurisdiction and civil jurisdiction not to exceed fifty dollars, but this 
shall not extend to the trial of any person for misdemeanor or crune. 
The duties of justice of the peace shall be fixed by law. Justices of 
the peace shall hold their offices during good behavior, subject to 
removals by the governor at his own discretion. 

Sec. 16. The legislature may establish courts for municipal pur- 
poses only in incorporated towns and cities. All laws for the 
organization or government of municipal courts shall be general in 
their provisions, and be equally applicable to the municipal courts 
of all incorporated towns and cities. 

Sec 17. Any civil cause may be tried before a practising attorney 
as referee, upon the application of the parties, and an order from 
the court in whose jurisdiction the case may be authorizing such trial 
and appointing such referee. Such referee shall keep a complete 
record of the case, including the evidence taken, and such record shall 
l)e filed with the papers in the case in the office of the clerk, subject to 
an appeal in the manner prescribed by law. 

Sec. 18. No other courts than those herein specified shall l)e organ- 
ized in this State. 

Sec. 19. The governor, by and with the advice and consent of the 
senate, shall appoint a State attorney in each judicial circuit, whose 



Flori€Ui--1868 715 

duties shall be prescribed by law. He shall hold his oflSce for four 
years from the date of his commission, and until his successor shall 
be appointed and qualified. The governor, by and with the advice 
and consent of the senate, shall appoint in each county a sheriff and 
clerk of the circuit court, who shall also be clerk of the county court 
and board of county commissioners, recorder, and ex-offlcio auditor 
of the county, each of whom shall hold his office for four years. 
Their duties shall be prescribed by law. 

Sec. 20. A constable shall be elected by the registered voters in 
each county for every two hundred registered voters ; but each county 
shall be entitled to at least two constables, and no county shall have 
more than twelve constables. They shall perform such duties and 
under such instructions as shall be prescribed by law. 

Sec. 21. Attorneys at law, who have been admitted to practice in 
any court of record in any State in the Union, or to any United 
States court, shall be admitted to practice in any court of this State 
on producing evidence of having been so admitted. 

Article VIII 

ADMINISTRATIVE DEPARTMENT 

Section 1. There shall be a cabinet of administrative officers, con- 
sisting of a secretary of state, attorney-general, comptroller, treas- 
urer, surveyor-general, and superintendent of public instniction, ad- 
jutant-general, and commissioner of immigration, who shall assist 
the governor in the performance of his duties. 

Sec. 2. The secretary of state shall keep the records of official acts 
of the legislative and executive departments of the government, and 
shall, when required, lay the same, and all matters relative thereto, 
before either branch oi the legislature, and shall be the custodian 
of the great seal of the State. 

Sec. 3. The attorney-general shall be the legal adviser of the gov- 
ernor and of each of the cabinet officers, and shall perform such other 
legal duties as the governor may direct, or as may be provided by law. 
He shall be reporter for the supreme court. 

Sec. 4. The treasurer shall receive and keep) all funds, bonds, or 
other securities, in such manner as may be provided by law, and shall 
disburse no funds, bonds, or other securities, except upon the order 
of the comptroller, countersigned by the governor, in such manner 
as shall be prescribed by law. 

Sec. 5. The duties of the comptroller shall be prescribed by law. 

Sec. 6. The surveyor-general shall have the administrative super- 
vision of all matters pertaining to the public lands, under such regu- 
lations as shall be prescribed by law. 

Sec. 7. The superintendent of public instruction shall have the 
administrative supervision of all matters pertaining to public instruc- 
tion; the supervision of buildings devoted to educational purposes, 
and the libraries belonging to the university and the common schools. 
He shall organize a historical bureau for the purpose of accumulating 
such matter and information as may be necessary for compiling the 
history of the State. He shall also establish a cabinet of minerals 
and other natural productions. 



716 Florida— 1868 

Sec. 8. The adjutant-general shall, under the orders of the gov- 
ernor, have the administrative supervision of the military depart- 
ment, and the supervision of State prison, and of the quarantine of 
the coast, in such manner as shall be prescribed by la\^. 

Sec. 9. The commissioner of inmiiCTation shall organize a bureau 
of immigration for the purposes of rumishing information and for 
the encouragement of immigration. The office of commissioner of 
immigration shall expire at the end of fifteen years from the ratifica- 
tion of this constitution, but the legislature shall have power to con- 
tinue it by law. 

Sec. 10.* Each officer of the cabinet shall make a full report of his 
official acts, of the receipts and expenditures of his office, and of the 
requirements of the same, to the governor, at the beginning of each 
regular session of the legislature, or whenever the jgovemor shall 
require it. Such reports shall be laid before the legislature by the 
governor at the beginning of each regular session thereof. Either 
house of the legislature may at any time call upon any cabinet officer 
for information required by it. 

Article IX 

EDUCATION 

Section 1. It is the paramount duty of the State to make ample 

Provision for the education of all the children residing within its 
orders, without distinction or preference. 

Sec. 2. The legislature shall provide a uniform system of common 
schools, and a university, and shall provide for the liberal mainte- 
nance of the same. Instruction in them shall be free. 

Sec. 3. There shall be a superintendent of public instruction, whose 
term of office shall be four years, and until the appointment and qual- 
ification of his successor. He shall have general supervision or the 
educational interests of the State. His duties shall be prescribed by 
law. 

Sec. 4. The common-school fund, the interest of which shall be 
exclusively applied to the support and maintenance of common schools 
and purchase of suitable libraries and apparatus therefor, shall be 
derived from the following sources : 

The proceeds of all lands that have been or may hereafter be 
granted to the State by the United States for educational purposes; 
donations by individuals for educational purposes ; appropriations by 
the State ; the proceeds of lands or other property which may accrue 
to the State by escheat to forfeiture; the proceeds of all property 
granted to the State, when the purpose of such grant shaU not be 
specified ; all moneys which may be paid as an exemption from mili- 
tary duty; all fines collected under the penal laws of this State; such 
portion of the per-capita tax as may be prescribed by law for educa- 
tional purposes ; twenty-five per centum of the sales of public lands 
w hich are now or hereafter may be owned by the State. 

Sec. 5. A special tax of not*^less than one mill on the dollar of all 
taxable property in the State, in addition to the other means provided, 
shall be levied and apportioned annually for the support and mainte- 
nance of common school^. 



Florida— 1868 717 

Sec. 6. The principal of the common-school fund shall remain 
sacred and inviolate. 

Sec. 7. Provision shall be made by law for the distribution of the 
common-school fund among the several counties of the State in pro- 
portion to the number of children residing therein between the ages of 
four and twenty-one years. 

Sec. 8. Each county shall be required to raise annually by tax, for 
the support of common schools therein, a sum not less than one- 
half the amount apportional to each county for that year from the 
income of the common-school fund. Any school-district neglecting 
to establish and maintain for at least three months in each year such 
school or schools as may be provided by law for such district shall 
forfeit its portion of the common-school fund during such neglect. 

Sec. 9. The superintendent of public instruction, secretary of state, 
and attorney-general, shall constitute a body-corporate, to oe known 
as the board of education of Florida. The superintendent of public 
instruction shall be president thereof. The duties of the board of 
education shall be prescribed by the legislature. 

Article X 

HOMESTEAD 

Section 1. A homestead, to the extent of one hundred and sixty 
acres of land, or the half of one acre within the limits of any incor- 
porated city or town, owned by the head of a family, residing in this 
State, together with one thousand dollars in value of personal prop- 
erty, and the improvements on the real estate, shall be exempted from 
forced sale under any process of law, and the real estate shall not be 
alienable without the joint consent of husband and wife, when that 
relation exists. But no property shall be exempt from sale for taxes, 
or for the payment of obligations contracted for the purchase of said 
premises, or for the erection of improvements thereon, or for house, 
field, or other labor performed on the same. The exemption herein 
provided for in a city or town shall not extend to more improvements 
or buildings than the residences and business houses of the owner. 

Sec. 2. In addition to the exemption provided for in the first sec- 
tion of this article, there shall be and remain exempt from sale by any 
legal process in this State, to the head of a family residing in this 
State, such property as he or she may select to the amount of one 
thousand dollars; said exemption in this section shall only prevent 
the sale of property in cases where the debt was contracted, liability 
incurred, or judgment obtained before the 10th day of May, A. D. 
1865. Nothing herein contained shall be so construed as to exempt 
any property from sale for payment of the purchase-money of the 
same, or for the payment of taxes or labor. 

Sec. 3. The exemptions provided for in sections one and two of this 
article shall accrue to the heirs of the party having enjoyed or taken 
the benefit of such exemption, and the exemption provided for in 
section one of this article shall apply to all debts except as speci- 
fied in said section, no matter when or where the debt was con- 
tracted or liability incurred. 
•^251— VOL 1—07 48 



718 Florida— 1868 

Article XI 

PUBLIC INSTITUTIONS 

Section 1. Institutions for the benefit of the insane, blind, and 
deaf, and such other benevolent institutions as the public good may 
require, shall be fostered and supported by the State, subject to such 
regulations as may be provided by law. 

Sec. 2. A State prison shall be established and maintained in such 
a manner as may be fixed by law. Provision may be made by law 
for the establishment and maintenance of a house of refuge for 
juvenile offenders, and the legislature shall have power to establish a 
home and workhouse for common vagrants. 

Sec 3. The respective courts of the State shall provide in the 
manner fixed by law for those of the inhabitants who, by reason of 
age, infirmity, or misfortunes, may have claims upon the aid and 
sympathy of society. 

Abticle XII 

MILITIA 

Section 1. All able-bodied male inhabitants of this State, between 
the ages of eighteen and forty-five jrears, who are citizens of the 
United States, or have declared their intention to become citizens 
thereof, shall constitute the militia of the State, but no male citizen 
of whatever religious creed or opinion shall be exempt from military 
duty except upon such conditions as may be prescribed by law. 

Sec. 2. The legislature shall provide by law for organizing and 
disciplining the militia of the State, for the encouragement of volun- 
teer corps, the safe-keeping of the public arms, and for a guard for 
the State prison. 

Sec. 3. The adjutant-general shall have the grade of major-gen- 
eral. The governor, by and with the consent of the senate, ^all 
appoint two major-generals and four brigadier-generals of militia; 
they shall take rank according to the date of their commissions. 
The officers and soldiers of the State militia, when uniformed, shall 
wear the uniform prescribed for the United States Army. 

Sec*. 4. The governor shall have power to call out the militia to 
])reserve the public peace, to execute the laws of the State, and to 
suppress insurrection or repel invasion. 

Article XIII 

TAXATION AND FINANCE 

Section 1. The legislature shall provide for a uniform and equal 
rate of taxation, ana shall prescribe such regulations as. shall secure 
a just valuation of all property, both real and ]>erSonal, excepting 
such property as may be exempt by law for municipal, educational, 
literary, scientific, religious, or charitable purposes. 

Sec 2. The legislature shall provide for raising revenue sufficient 
to defray the expenses of the State for each fiscal year, and also a 
sufficient sum to pay the principal and interest of the existing indebt- 
edness of the State, 



Florida— 1868 719 

Sec. 3. No tax shall be levied except in pursuance of law. 

Sec. 4. No moneys shall be drawn from the treasury except in pur- 
suance of appropriation made by law. 

Sec. 5. An accurate statement of the receipts and expenditures of 
the public moneys shall be published with the laws of each regular 
session of the legislature. 

Sec. 6. The legislature shall authorize the several counties and 
incorporated towns in the State to impose taxes for county and 
incorporation purposes, and for no other purpose, and all property 
shall be taxed upon the principle established for State taxation. 
The legislature may also provide for levying a specific capitation tax 
on licenses. But the capitation tax shall not exceed one dollar per 
annum for all purposes, excepting for State, county, or municipal 
taxes. 

Sec. 7. The legislature shall have power to provide for issuing 
State bonds bearing interest, for securing the debt of the State, and 
for the erection of State buildings, support of State institutions, and 
perfecting public works. 

Sec. 8. No tax shall be levied upon persons for the benefit of any 
chartered company of the State, or for paying the interest on any 
bonds issued by said chartered companies, counties, or corporations, 
for the above-mentioned purposes, and any laws to the contrary are 
hereby declared null and void. 

Article XIV 

CENSUS AND APPORTIONMENT 

The legislature shall, in the year one thousand eight hundred and 
seventy-five, and every tenth year thereafter, cause an enumeration 
to be made of all the inhabitants of the State; and they shall then 
proceed to apportion the representation among the different counties, 
giving to each county one representative at large, and one additional 
to every one thousand registered votes therein, but no county shall 
be entitled to more than four representatives. 

The legislature shall also, after every such enumeration, proceed to 
fix by law the number of senators which shall constitute the senate of 
Florida, and which shall never be less than one-fourth nor more than 
one-hall of the whole number of the assembly. 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, and all counties shall remain as now organized 
unless changed by a two-thirds vote of both houses of the legislature. 

Article XV 

SUFFRAGE AND ELIGIBILITY 

Section 1. Every male person of the age of twenty-one years and 
upwards, of whatever race, color, nationality, or previous condition, 
or who shall, at the time of offering to vote, be a citizen of the United 
States, or who shall have declared his intention to become such in con- 
formity to the laws of the United States, and who shall have resided 



720 Florida— 1868 

and had his habitation, domicile, home, and place of permanent abode 
in Florida for one year, and in the county for six months, next pre- 
ceding the election at which he shall offer to vote, shall in such 
county be deemed a qualified elector at all elections under this consti- 
tution. Every elector shall, at the time of his registration, take and 
subscribe to the following oath : 

" I, , do solemnlv swear that I will support, protect, 

and defend the Constitution an3 Government of the United States, 
and the constitution and government of Florida, against all enemies, 
foreign or domestic; that I will bear true faith, loyalty, and allegianci* 
to the same, any ordinances or resolution of any State convention 
or legislation to the contrary notwithstanding ; so help me God/' 

Sec. 2. No person under guardianship, no7i comnos mentis^ or 
insane, shall be qualified to vote at any election; nor shall any person 
convicted of felony be qualified to vote at any election unless restored 
to civil rights. 

Sec. 3. At any election at which a citizen or subject of any foreign 
country shall offer to vote, under the provisions of this constitution, 
he shall present to the persons lawfully authorized to conduct and 
supervise such election a duly sealed and certified copy of his declara- 
tion of intention ; otherwise he shall not l)e allowed to vote ; and any 
naturalized citizen offering to vote, shall produce before said persons, 
lawfully authorized to conduce and supervise the election, his certifi- 
cate of naturalization, or a duly sealed and certified copy thereof; 
otherwise he shall not be permitted to vote. 

Se(j. 4. The legislature shall have power, and shall enact the neces- 
sary laws to exclude from every office of honor, power, trust, or profit, 
. civil or military, within the State, and from the right of suffrage, 
all persons convicted of bribery, perjury, larceny, or of infamous 
crime, or who shall make, or become directly or indirectly interested 
in, any bet or wager, the result of which shall depend upon any elec- 
tion ; or who shall hereafter fight a duel, or send or accept a challenge 
to fight, or who shall be a second to either party, or be the bearer of 
such challenge or acceptance ; but the legal disability shall not acx?rue 
imtil after trial and conviction by due form of law. 

Sec. 5. In all elections by the legislature the vote shall be viva voce, 
and in all elections by the people the vote shall be by ballot. 

Sec. 6. The legislature at its first session after the ratification of 
this constitution shall by law provide for the registration, by the 
clerks of the circuit court in each county, of all the legally qualified 
voters in such county, and for the returns of elections: ana shall also 
provide that after tliie completion, from time to time, of such regis- 
tration, no person not duly registered according to law shall be 
allowed to vote. 

Sec. 7. The legislature shall enact laws requiring educational quali- 
fications for electors after the year one thousand eight hundred and 
eighty, but no such laws shall be made applicable to any elector who 
may have registered or voted at any election previous thereto. 

Article XVI 

SCHEDULE 

Section 1. That all ordinances and resolutions heretofore passed 
by any convention of the people, and all acts and resolutions of the 



Florida— 1868 721 

legislature, conflicting or inconsistent with the Constitution of the 
United States, and the statutes thereof, and with this constitution, and 
in derogation of the existence or position of the State as one of the 
States of the United States of America, are hereby declared null and 
void, and of no effect. 

Sec. 2. That all acts and resolutions of the general assembly, and 
all official acts of the civil officers of the State, not inconsistent with 
the provisions of the Constitution and statutes of the United States, 
or with this constitution, or with any ordinance or resolution adopted 
by this convention, and which have not been, and are not by this con- 
stitution, annulled, are in force, and shall be considered and esteemed 
as the laws of the State until such acts or resolutions shall be repealed 
by the legislature of the State, or this convention. 

Sec. 3. All laws of the State passed by the so-called general assem- 
bly since the 10th day of January, A. D. 1868, not conflicting with the 
word and spirit of the Constitution and laws of the United States, 
or with this constitution, shall be valid ; all writs, acts, proceedings, 
judgments, and decrees of the so-called courts of the State, when act- 
ual service was made, as the defendant, all executions and sales made 
thereunder, and all acts, orders, and proceedings of the judges of 
probate, and of executors, administrators, guardians, and trustees, 

Srovided they were in conformity with the laws then in force, and 
id not conflict with the Constitution and laws of the United States 
and this constitution, shall be valid ; the sales of the property or effects 
of deceased persons shall not prevent the widow from claiming said 
property in kind, in whosesoever hands the same may be found, where 
the sale had not been made for the purpose of paying the debts of 
deceased, and where other than law nil money of the iTnited Statics 
was obtained for said property. 

Nothing herein contained shall be so construed as to make any one 
who was an officer of anv court, or who acted under the authority c.f 
any court, individually liable, provided they acted strictly in accord- 
ance with what was then considered the law of the State, and not 
conflicting with the Constitution and laws of the United States. 

All fines, penalties, forfeitures, obligations, and escheats heretofore 
accruing to the State of Florida shall continue to accrue to the use 
of the State. 

All recognizances heretofore taken shall remain valid, and all bonds 
executed to the governor of the State of Florida, either before or 
since the 10th day of January, A. D. 1861, or to any other officer of the 
State, in his official capacity, shall be of full force and virtue, for the 
uses therein respectively expressed, and may be sued for and recovercl 
accordingly, unless they were contrary to the laws of the United 
States or to this constitution, or to any ordinance or resolution 
adopted by the convention; also, all criminal prosecutions which 
have arisen may be prosecuted to judgment and execution in the name 
of the State. 

All actions at law or suits in chancery, or any proceedings pending 
in the courts of this State, either prior to or subsequent to the lOtu 
day of January, A. D. 1861, shall continue in all respects valid, and 
mav be prosecuted to judgment and decree. 

All judgments and decrees rendered in civil causes in any of the 
courts of the State during the period of time above specified are 
hereby declared of full force, validity, and effect; Prorided^ That, 



722 Florida— 1868 

unless otherwise provided in this constitution, the statute of limita- 
tion shall not be pleaded upon any claim in the hands of any person 
for the period of time between the 10th day of January, A. D. 1861, 
and the 25th day of October, 1865, whether proceedings at law had 
been commenced before the 25th day of October, 1865, or not: Pro- 
vided, further, That all claims of widows, minors, and decedents, 
which were not barred by the statutes of this State on the 10th day 
of January, 1861, shall be considered good and valid for the period 
of two years from the ratification of this constitution. 

Sec. 4. That State treasury notes, all bonds issued, and all other 
liabilities contracted by the State of Florida, or any county or city 
thereof, on and after the 10th day of January, A. D. 1861, and before 
the 25th day of October, A. D. 1865, except such liabilities as may be 
due to the seminary or school fund, be and are declared null and void, 
and the legislature shall have no power to provide for the payment of 
the same or any part thereof, but this shall not be construed so as to 
invalidate any authorized liabilities of the State contracted prior 
to the 10th day of January, A. D. 1861, or subsequent to the 25th 
day of October, A. D. 1865. 

DEC. 5. No money shall ever be appropriated by this State to re- 
imburse purchasers of United States land who purchased the same of 
the State of Florida. 

Sec. 6. All proceedings, decisions, or actions accomplished by civil 
or military officers acting under authority of the United States subse- 
quent to the 10th day of January, 1861, and prior to the final restora- 
tion of the State to the Government of the United States, are hereby 
declared valid, and shall not be subject to adjudication in the courts 
of this State; nor shall any person acting in the capacity of a sol- 
dier or officer of the United States, civil or military, be subject to 
arrest for any act performed by him pursuant to authorized instruc- 
tions from his superior officers durmg th^ period of time above 
designated. 

Sec. 7. That in all cases where judgments have been obtained 
against citizens of the State after the 10th day of January, 1861, 
previous to the 25th day of October, 1865, and where actual service 
was not made on the person of any defendant, such defendant, not 
served with process, may appear in court within one year after the 
adoption of this constitution, and make oath that injustice has been 
done and that he or she has a good and valid defence, stating the 
defence, and upon making such oath and filing said defence, the 
proceedings in the judgment shall cease until the defence is heard. 

Article XVII 
miscellaneous 

Section 1. Any person debarred from holding office in the State of 
Florida by the third section of the fourteenth article of the proposed 
amendment to the Constitution of the United States, which is as 
follows : " No person shall be a Senator or Representative in Con- 
gress, or elector of President or Vice-President, or hold any office, 
civil or military, under the United States or under any State, who, 
having previously taken an oath as a member of Congress, or as an 



Fhrida—1868 723 

officer of the United States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, to support the Con- 
stitution of the United States, shall have engaged in msurrection or 
rebellion against the same, or given aid and comfort to enemies 
thereof. But Congress may, by a vote of two-thirds of each house, 
remove such disability," Ls hereby debarred from holding office in this 
State : Provided^ That whenever such disability from holding office 
shall be removed from any person by the Congress of the United 
States, the removal of such disability shall also apply to this State, 
and such person shall be restored, m all respects, to the rights of 
citizenship as herein provided for electors. 

Sec. 2. Any person elected to the Senate of the United States by 
the legislature of this State, or any person elected by the people, or 
appointed to office by the governor of the State, or by any officer of 
the State, under the provisions of the constitution adopted by the 
convention of the people, convened on the 25th day 6f October, 1865, 
shall not be empowered to hold such office after the same position or 
office shall have been filled by election or appointment under the pro- 
visions of this constitution : Provided^ That all officers holding office 
under the provisions of the constitution adopted the 25th day of 
October, A. D. 1865, and not provided for in this constitution, shall 
continue to hold their respective offices, and discharge the duties 
thereof, until the governor shall, by his proclamation, declare such 
offices vacant. 

Sec. 3. The several judicial circuits of the circuit courts shall be as 
follows : The first judicial circuit shall be composed of the counties of 
Escambia, Santa Kosa, Walton, Holmes, Washington, and Jackson ; 
the second judicial circuit shall be composed of the counties of Gads- 
den, Liberty, Calhoun, Franklin, Leon, Wakulla, and Jefferson; the 
third judicial circuit shall be composed of the counties of Madison, 
Taylor, La Fayette, Hamilton, Suwannee, and Columbia ; the fourth 

i'udicial circuit shall be composed of the counties of Nassau, Duval, 
Jaker, Bradford, Clay, and Saint John's; the fifth judicial circuit 
shall be composed of the counties of Putnam, Alachua, Levy, Marion, 
and Sumter; the sixth judicial circuit shall be composed or the coun- 
ties of Hernando, Hillsborough, Manatee, Polk, and Monroe ; the sev- 
enth judicial circuit shall be composed of the counties of Volusia, 
Brevard, Orange, and Dade. 

Sec. 4. The salary of the governor of the State shall be $5,000 per 
annum; that of the chief -justice shall be $4,500; that of each asso- 
ciate justice shall be $4,000; that of each judge of the circuit court 
shall be $3,500 ; that of the lieutenant-governor shall be $2,500 ; that 
of each cabinet officer shall be $3,000. The pay of the members of the 
senate and house of representatives shall be $500 per annum, and in 
addition thereto ten cents per mile for each mile traveled from their 
respective places of residence to the capital, and the same to return. 
But such distances shall be estimated by the shortest general public 
thoroughfare^ All other officers of the State shall be paid by tees as 
per diem fixed by law. 

Sec. 5. The legislature shall appropriate $2,000 each year for the 
purchase of such books for the supreme court library as the said court 
shall direct. 

Sec. 6. The salary of each officer shall be payable quarterly upon 
his own requisition. 



724 Florida— 1868 

Sec. 7. The tribe of Indians located in the southern portion of the 
State, and known as the Seminole Indians, shall be entitled to one 
member in each house of the legislature. Such member shall have all 
the rights, privileges, and remuneration as other members of the legis- 
lature. Such members shall be elected by the members of their tribe, 
in the maner prescribed for all elections by this constitution. The 
tribe shall be represented only by a member of the same, and in no 
case by a white man: Provided^ That the representatives of the 
Seminole Indians shall not be a bar to the representation of any 
county by the citizens thereof. 

Sec. 8. The legislature may at any time impose such tax on the 
Indians as they may deem proper; and such imposition of tax shall 
constitute the Indians citizens, and they sliall thenceforward be en- 
titled to all the privileges of other citizens, and thereafter be barred of 
special representation. 

Sec. 9. In addition to other crimes and misdemeanors for which an 
officer may be impeached and tried, shall be included drunkenness 
and other dissipations; incompetency, malfeasance in office, gambling, 
or any conduct detrimental to good morals shall be considered suffi- 
cient cause for impeachment and conviction. Any officer, when 
impeached by the assembly, shall be deemed under arrest, and shall be 
disqualified from performing any of the duties of his office until 
acquitted by the senate. But any officer so impeached and in arrest 
may demand his trial by the senate within ten days of the date of his 
impeachment. 

Sec. 10. The following shall be the oath of office for each officer in 
the State, including menibers of the legislature: " I do solemnlv swear 
that I will support, protect, and defend the Constitution and (jovem- 
ment of the United States, and of the State of Florida, against all 
enemies, domestic or foreign, and that I will bear true faith, loyalty, 
and allegiance to the same, and that I am entitled to hold office under 
this constitution; that I will w^ell and faithfully perform all the 

duties of the office of , which I am about to enter: so help me 

God." 

Sec. 11. The legislature may provide for the donation of the public 
lands to actual settlers; but such donation shall not exceed one 
hundred and sixty acres to any one person. 

Sec. 12. All county officers shall hold their respective offices at the 
county seats of their counties. 

Sec. 13. The legislature shall provide for the speedy publication of 
all statutes and laws of general nature. All decisions of the supreme 
court, and all laws and judicial decisions, shall be for free publication 
by any person. But no judgment of the supreme court shall take 
effect and be operative until the opinion of the court in such case 
shall be filed with the clerk of said court. 

Sec. 14. The legislature shall not create any office, the term of 
which shall be longer than four years. 

Sec. 15. The governor, cabinet, and supreme court shall keep their 
offices at the seat of government. But in case of invasion or violent 
epidemics, the governor may direct that the offices of the government 
shall be removed temporarily to some other place. The session of 
the legislature may be adjourned for the same cause to some other 



Florida— 1868 725 

place ; but in such case of removal all the departments of the govern- 
ment shall be removed to one place. But such removal shall not con- 
tinue longer than the necessity for the same shall continue. 

Sec. 16. A plurality of votes given at an election by the people 
shall constitute a choice when not otherwise provided by this con- 
stitution. 

Sec. 17. The term of the State officers elected at the first election 
under this constitution, not otherwise provided for, shall continue 
until the first Tuesday of January, A. D. 1873, and until the installa- 
tion of their successors, excepting the members of the legislature. 

Sec. 18. Each county and incorporated city shall make provision 
for the support of its own officers, subject to such regulations as may 
be prescribed by law. Each county shall make provision for building 
a court-house and jail, and for keeping the same in good repair. 

Sec. 19. If at the meeting of the senate at any session the lieuten- 
ant-governor has not been qualified or is not present, the senate shall 
elect one of its members as temporary president before proceeding to 
other business. 

Sec. 20. The legislature shall at the first session adopt a seal for 
the State, and such seal shall be of the size of the American silver 
dollar. But said seal shall not again be changed after its adoption by 
the legislature; and the governor shall, by his proclamation, an- 
nounce that the said seal has become the great seal of the State. 

Sec. 21. The governor, lieutenant-governor, and all the State offi- 
cers elected by the people shall be installed on the first day of the 
meeting of the legislature, and immediately assume the auties of 
their respective offices. 

Sec. 22. The governor and lieutenant-governor shall have been, 
before their election to office, nine years a citizen of the United States, 
and three years a citizen or the State. All other officers shall have 
been one year a citizen of the State, and six months a citizen of the 
county from which they are elected or appointed. . Xo person shall 
be eligible to any office unless he be a registered voter. 

Sec. 23. The governor or any State officer is hereby prohibited 
from giving certificates of election or other credentials to any person 
as having l&en elected to the House of Representatives of the United 
States Congress, or the United States Senate, who has not been two 
years a citizen of the State, and nine years a citizen of the United 
States, and a registered voter. 

Sec. 24. The property of all corporations, whether heretofore or 
hereafter incorporated, shall be subject to taxation, unless such cor- 
poration be for religious, educational, or charitable purposes. 

Sec. 25. All bills, bonds, notes, or evidences of debt outstanding 
and unpaid, given for or in consideration of bonds or treasury-notes 
of the so-called Confederate States, or notes and bonds of this State 
paid and redeemable in the bonds and notes of the Confederate 
States, are hereby declared null and void, and no action shall be main- 
tained thereon in the courts of this State. 

Sec. 26. It shall be the dutv of the courts to consider that there is 
a failure of consideration, and it shall be so held by the courts of this 
State, upon all deeds or bills of sale given for slaves with covenant or 
warrantee of title or soundness, or both ; upon all bills, bonds, notes, 



726 Florida— 1868 

or other evidences of debt, given for or iu consideration of slaves, 
which are now outstanding and unpaid, and no action shall be main- 
tained thereon; and all judgments and decrees rendered in any of 
the courts of this State since the 10th day of January, A. D. 1801, 
upon all deeds or bills of sale, or upon any bond, bill, note, or other 
evidence of debt based upon the sale or purchase of slaves, are hereby 
declared set aside, and the plea of failure of consideration shall be 
held a good defence in all actions to said suit ; and that when money 
was due previous to the 10th day of January, 1861, and slaves were 
given in consideration for such money, these shall be deemed a failure 
of consideration for the debt : Provided, That settlements and com- 
promises of such transaction made by the parties thereto shall be 
respected. 

Sec. 27. All persons who, as alien enemies under the sequestration 
act of the so-called confederate congress, and now resident of the 
State, had property sequestered and sold by any person acting under 
a law of the so-called Confederate States, or the State of Florida, 
subsequent to the 10th day of January, A. D. 1861, and prior to the 
1st day of January, 1865, shall be empowered to file a bill in equity in 
the circuit court of the State, and shall be entitled to obtain judgment 
against the State for all damages sustained by said sale and detention 
of property. The court shall estimate the damages upon the assessed 
valuation of the property in question in the year A. D. 1870, with 
interest at six per cent, from the time the owner was deprived of the 
same. 

But all judgments against the State shall be paid only in certifi- 
cates of indebtedness, redeemable in State land^. Said certificates 
shall be issued by the governor, countersigned by the secretary of 
state and by the comptroller, upon the decree of the court. Oral tes- 
timony shall be sufficient to establish the fact of a sale having been 
made. 

Sec. 28. There shall be no civil or political distinction in this State 
on account of race, color, or previous condition of servitude, and the 
legislature shall have no power to prohibit by law any class of per- 
sons, on account of race, color, or previous condition of servitude, to 
vote or hold any office, beyond the conditions prescribed by this 
constitution. 

Sec. 29. The apportionment for the assembly shall be as follows: Es- 
cambia, two; Santa Rosa, one; Walton, one; Holmes, one; Washing- 
ton, one; Jackson, three; Calhoun, one; Gadsden, two; Franklin, one; 
LibBrty, one; Wakulla, one, Leon, four; Jefferson, three; Madison, 
two; Taylor, one; Hamilton, one; Suwannee, one; La Fayette, one: 
Alachua, two; Columbia, two; Baker, one; Bradford, one; Na^au, 
one; Duval, two;Clay, one; Saint John's one; Putnam, one; Marion, 
two; Levy, one; Volusia, one; Orange, one; Brevard, one; Dade, one; 
Hillsborough, one; Hernando, one; Sumter, one; Polk, one; Manatee, 
one, and Monroe, one. There shall be twenty-four senatorial districts, 
w^hich shall be as follows, and shall be known by their respective num- 
bers from one to twenty-four inclusive: The first senatorial district 
shall be composed of Escambia county ; the second of Santa Rosa and 
Walton ; the third, of Jackson ; the fourth, of Volusia and Washing- 
ton ; the fifth, of Calhoun and Franklin ; the sixth, of Gadsden ; the 



Florida— 1868 727 

seventh, of Liberty and Wakulla ; the eighth, of Leon ; the ninth, of 
Jefferson; the tenth, of Madison; the eleventh, of Hamilton and 
Suwannee; the twelfth, of La Fayette and Taylor; the thirteenth, of 
Alachua and Levy; the fourteenth, of Columbia; the fifteehth, of 
Bradford and Clay ; the sixteenth, of Baker and Nassau ; the seven- 
teenth, of Saint John's and Putnam; the eighteenth, of Duval; the 
nineteenth, of Marion; the twentieth, of Volusia and Orange; the 
twenty-first, of Dade and Brevard; the twenty-second, of Hillsbor- 
ough and Hernando; the twenty-third, of Sumter and Polk; the 
twenty-fourth, of Manatee and Monroe; and each senatorial dis- 
trict diall be entitled to one senator. 

Sec. 30. No person shall ever be appointed a judge of the supreme 
court or circuit court who is not twenty-five years or age and practis- 
ing attorney. 

Sec. 31. The legislature shall, as soon as convenient, adopt a State 
emblem, having tne design of the ^eat seal of the State impressed 
upon a white ground, of six feet six inches fly and six feet deep. 

Article XVIII 

AMENDMENTS 

Any amendment or amendments to this constitution may be pro- 
posed in either branch of the legislature; and if the same shall be 
aOTeed upon by a two-thirds vote of all the members elected to each 
oi the two houses, such proposed amendment or amendments shall 
be entered on their respective journals, with the yeas and nays 
thereon, and referred to the legislature then next to be chosen, and 
shall be published for three months next preceding the time of mak- 
ing such choice; and if, in the legislature next chosen as aforesaid, 
such proposed amendment or amendments shall be agreed to by a 
two-thirds vote of all the members elected to each house, then it 
should be the duty of the legislature to submit such proposed amend- 
ment or amendments to the people in such manner and at such time 
as the legislature may prescribe ; and if the people shall approve and 
ratify such amendment or amendments by a majority of the electors 
qualified to vote for members of the legislature voting thereon^ such 
amendment or amendments shall become a part of the constitution. 

Sec. 2. If at any time the legislature, by a vote of a majority of all 
the members elected to each of the two houses, shall determine that it 
is necessary to cause a revision of this entire constitution, such deter- 
mination shall be entered on their respective journals, with the yeas 
and nays thereon, and referred to the legislature then next to be 
chosen, and shall be published for three months next preceding the 
time of making such choice. 

And if in the legislature next chosen aforesaid such proposed 
revision shall be agreed by a majority of all the members elected to 
each house, then it shall be the duty of the legislature to recommend 
to the electors of the next election for members of the legislature to 
vote for or against a convention; and if it shall appear that a 
majority of the electors voting at such election shall have voted in 
favor or calling a convention, the legislature shall, at its next session, 



728 Florida— 1870 

provide by law for a convention, to be holden within six months 
after the passage of such law, and such convention shall consist of 
a number of members not less than both branches of the legislature. 

In determining what is a majority of the electors voting at such 
election, reference shall be had to the highest number of votes cast 
at such election for the candidates for any office or on any question- 
Done in open convention. In witness whereof, we, the under- 
signed delegates, representing the people of Florida, in convention 
assembled, do hereunto affix our names this twenty-fifth day of 
February, one thousand eight hundred and sixty-eight, and of the 
Independence of the United States the ninety-second, and the secre- 
tary doth countersign the same. 

Horatio Jenkins, Jr., President. 
S. CoNANT, Secyretavy, 



AMENDMENTS TO THE CONSTITUTION OF 1868 « 

(Ratified 1870) 

Article I. The salary of the governor of the State shall be three 
thousand five hundred aollars per annum ; that of each justice of the 
supreme court shall be three thousand dollars; that of each judge of 
the circuit courts shall be two thousand five hundred dollars; that 
of each cabinet officer shall be two thousand dollars ; that of the lieu- 
tenant-governor shall be five hundred dollars, and he shall receive the 
same mileage as members of the legislature. The pay of members 
of the legislature shall be a per diem, to be fixed by law, for each 
(lay's actual attendance, and in addition thereto ten cents per mile 
for travelling-expenses for each mile from their respective places of 
residence to the capital, estimated by the shortest thoroughfare, and 
the same to return. All other officers of the State shall be paid by 
fees or per diem, fixed by law. No legislature shall increase its own 
pay. 

Art. II. The several members of the cabinet of administrative of- 
ficers shall be elected by the people. 

Art. III. The sixth and seventh judicial districts are hereby 
abolished, and the limits of the first, second, third, fourth, and fifth 
judicial districts shall be defined by law. 

Art. IV. The offices of surveyor-general and commissioner of im- 
migration are hereby consolidated under the name of commissioner 
of lands and immigration. 

Art. V. The thirteenth section of the sixth article of the constitu- 
tion is hereby abrogated. 

Art. VI. The third, fifth, and twenty-seventh sections of the six- 
teenth article of the constitution are hereby abrogated. 

Art. VII. The number of terms of the supreme court, and the time 
of holding the same, shall be fixed by law. 

Art. VIII. The legislature shall have power to prescribe regula- 
tions for calling into the supreme court a judge of the circuit court, to 
hear and determine any matter pending before the court, in the place 

"These amendments were passed at two successive sessions of the legislature, 
and then ratified by the people. 



Florida— 1875 729 

of any justice thereof who shall be disqualified or disabled in such 
case from interest or other cause. 

Akt. IX. That the following portion of section nine, Article XVI, 
of the constitution is hereby aorogated : 

" Any officer when impeached by the assembly shall be deemed 
under arrest, and shall be disqualified from performing any of the 
duties of his office until acquitted by the senate; but any officer so 
impeached and in arrest may demanci his trial by the senate within 
one year from the date of his impeachment." 

(Katified 3875) 

Article I. Section two of article four of the constitution is hereby 
amended so as to read as follows : 

Seg. 2. From and after the first Tuesday after the first Monday iu 
January, A. D. one thousand eight hundred and seventy-seven, the 
regular sessions of the legislature shall be held biennially, conmienc- 
ing on said day and on tne corresponding day of every second year 
thereafter, but the governor may convene the same in extra session 
by his proclamation. 

Art. II. Section twenty-nine of article four of the constitution is 
hereby amended so as to read as follows : 

Sec. 29. The assembly shall have the sole power of impeachment-, 
but a vote of two-thirds of all the members present shall be required 
to impeach any officer, and all impeachments shall be tried by the 
senate. TVTien sitting for that purpose the senators shall be upon oath 
or affirmation, and no person shall be convicted without the concur- 
rence of two-thirds of the senators present. The senate may adjourn 
to a fixed day for the trial of any impeachment, and may sit for the 
purpose of such trial whether the assembly be in session or not, but 
the time fixed for such trial shall not be more than six months from 
the time articles of impeachment shall be preferred by the assembly. 
The chief -justice shall preside at all trials by impeachment except in 
the trial of the chief-justice, when the lieutenant-governor shall pre- 
side. The governor, lieutenant-governor, members of the cabmet, 
justices of the supreme court, and judges of the circuit court, shall 
be liable to impeachment for any misdemeanor in office, but judgment 
in such cases shall extend only to removal from office and disquali- 
fication to hold any office of honor, trust, or profit under the State, 
but the party convicted or acquitted shall nevertheless be liable to 
indictment, trial, and punishment according to law. All other officers 
who shall have been appointed to office by the governor, and by and 
with the consent of the senate, may be removed from office upon the 
recommendation of the governor, and consent of the senate, but they 
shall nevertheless be liable to indictment, trial, and punishment ac- 
cording to law for any misdemeanor in office. All other civil officers 
shall be tried for misdemeanor in office in such manner as the legis- 
lature may provide. 

Art. Itl. Section seven of article twelve of the constitution is 
hereby amended so as to read as follows : 

Sec. 7. The legislature shall have power to provide for issuing 
State bonds bearing interest for securing the debt of the State, for the 
erection of State buildings, and for the support of State institutions, 
but the credit of .the State shall not be pledged or loaned to any 



730 Florida— 1876 

individual company, corporation, or association; nor shall the State 
become a joint owner or stockholder in any company, association, or 
corporation. The legislature shall not authorize any county, city, 
borough, township, or incorporated district to become a stockholder 
in any company, association, or corporation, or to obtain or appro- 
priate money for, or to loan its credit to, any corporation, association, 
institution, or individual. 

Art. IV. Section five of article six of the constitution is hereby 
amended so as to read as follows : 

Sec. 5. The supreme court shall have appellate jurisdiction in all 
cases at law and m equity commenced in circuit courts and of appeal 
from the circuit court in cases arising in the county court as a court 
of probate, and in the management of the estates of infants, and in 
all criminal cases commenced in the circuit court. The court shall 
have power to issue writs of mandamus, certiorari, prohibition, quo 
warranto, habeas corpus, and also all writs necessary or proper to the 
complete exercise of its jurisdiction. Each of the justices shall have 
the power to issue writs of habeas corpus to any part of the State 
upon petition by or on behalf of any person held in actual custody, 
and may make such writs returnable before himself or the supreme 
court, or any justice thereof, or before any circuit judge. 

Section eight of article six of the constitution is hereby amended so 
as to read as f olows : 

Sec. 8. The circuit courts shall have original jurisdiction in all 
cases in equity, also in all cases at law in which the demand or the 
value of the property involved exceeds one hundred dollars, and of 
all cases involving the legality of any tax assessment, toll, or munici- 
pal fine, and of the action oJ forcible entry and unlawful detainer, 
and of actions involving the titles or right of possession of real estate, 
and of all criminal cases, except such as may be cognizable by law by 
inferior courts. They shall have appellate jurisdiction of matters 
pertaining to the probate jurisdiction and the estates and interests of 
minors in the county courts, and of such other matters as may be pro- 
vided by law, and final appellate jurisdiction in all civil cases arising 
in the court of a justice of the peace in which the amount or value of 
property involved is twenty-five dollars and upwards, and of mis- 
demeanors tried before any justice's or mayor's court. The circuit 
courts and judges shall have power to issue writs of mandamus, in- 
junction, quo warranto, certiorari, habeas corpus, and all writs proper 
and necessary to the complete exercise of their jurisdiction. 

Section ten of article six of the constitution is hereby abrogated. 

Section eleven of article six of the constitution is hereby amended 
so as to read as follows : 

Sec. 11. The county court shall have power to take probate of wills, 
to grant letters testamentary, and of administration and guardian- 
ship, to attend to the settlement of the estates of decedents and of 
minors, and to discharge the duties usually pertaining to courts of 
probate, subject to the direction and supervision of the appellate 
and equity jurisdiction of the circuit court as may be provided by 
law. And the county judges shall have and exercise the civil and 
criminal jurisdiction or justices of the peace. They may also have 
jurisdiction of such proceedings relating to the forcible entry or un- 
lawful detention of lands and tenements subject to the appellate 
jurisdiction of the circuit court as may be provided by law. 



Florida— 1876 731 

Section fifteen of article six of the constitution is hereby amended 
so as to read as follows : 

Sec. 15. The governor shall appoint as many justices of the peace as 
he msLj deem necessary. Justices of the peace shall have jurisdiction 
in civil actions at law in cases in which tne amount or value involved 
does not exceed one hundred dollars; and in criminal cases their 
powers shall be fixed by law. Their powers, duties, and responsi- 
bilities shall be regulated by law. They may hold their offices for the 
term of four years, subject to removal by the governor for reasons 
satisfactory to him. 

Art. V. Section seven of article six of the constitution is hereby 
amended so as to read as follows : 

Sec. 7. There shall be five circuit judges appointed by the governor 
and confirmed by the senate, who shall hold their respective offices 
for the term of six years from the time of their qualification. The 
State shall be divided into five judicial circuits as defined in this con- 
stitution, and the judge of each circuit shall reside in the circuit to 
which he shall be appointed. Each judge shall hold the terms of the 
court at such times and places as may be prescribed by law, and he 
niay hold special terms with or without juries. The chief-justice 
may, in his discretion, order a temporary exchange of circuits by the 
i-espective judges, or desi^ate any judge to hold a general or special 
term, or part of a term, m any other circuit than that one in which 
he resides. 

Section three of article sixteen of the constitution is hereby 
amended so as to read as follows : 

Sec. 3. The several judicial circuits of the circuit courts shall be 
as follows: 

The first judicial circuit shall be composed of the counties of 
Escambia, Santa Bosa, Walton, Holmes, Washington, Jackson, Cal- 
houn, and Franklin. 

The second judicial circuit shall be composed of the counties of 
Liberty, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor, and 
La Fayette. 

The third judicial circuit shall be composed of the counties of 
Hamilton, Suwannee, Columbia, Baker, Bradford, Alachua, and 
Levy. 

The fourth judicial circuit shall \x\ composed of the counties of 
Nassau, Duval, Clay, Saint Johns, Putnam, Volusia, Orange, Bre- 
vard, and Dade. 

The fifth judicial circuit shall be composed of the counties of 
Marion, Sumpter, Hernando, Hillsborough, Polk, Manatee, and 
Monroe. 

Art. VI. Section twelve of article six of the constitution is hereby 
amended so as to read as follows : 

Sec. 12. Grand and petit jurors shall be taken from the registered 
voters of the respective counties. The -number of jurors for the 
trial of causes in any court may be fixed by law. 

Art. VII. Sections seven and eight of article sixteen of the con- 
stitution are hereby abrogated. 

Art. VIII. Section twenty-four of article sixteen of the constitu- 
tion is hereby amended so as to read as follows : 

Sec 24. The property of all corporations, whether heretofore or 
hereafter incorporated, shall be subject to taxation, unless such 



732 Florida— 1886 

property be held and used exclusively for religious, educational, or 
charitable purposes. 

Art. IX. Section twenty-two of article five of the constitution 
shall read as follows : 

Sec. 22. The governor shall have power to disapprove of any item 
or items of any bill making appropriations of money embracing 
distinct items, and the part or parts of the bill approved shall be the 
law, and the item or items of appropriation disapproved shall be void 
imless repassed according to the rules and limitations prescribed for 
the passage of other bills over the executive veto. 

Art. X. Section fouiieen of article five of the constitution is 
hereby amended so as to read as follows: 

Sfx\ 14. A lieutenant-governor shall be elected at the same time 
and places and in the same manner as the governor, whose term of 
office and eligibility shall also be the same. He shall be the president 
of the senate, but shall only have a casting vote therein. In the case 
of the impeachment of the governor or his removal from office, death, 
inability to discharge his oificial duties, or resi^gnation, the power and 
duties of the office shall devolve upon the lieutenant-governor for the 
residue of the term, or until the disability shall cease. In the case of 
the impeachment of the lieutenant-governor or his removal from office, 
death, inabilitj^ to discharjge his official duties, or resignation, the 
power and duties of the office shall devolve upon the president pro 
tempore of the senate. 

In case a vacancy shall occur both in the offices of governor and lieu- 
tenant-governor, the legislature shall at its next session order an 
election to fill such vacancies. But the governor shall not, without 
the consent of the legislature, be out of the State in time of war. 

Section fifteen of article five of the constitution is hereby abrogated. 

Art. XI. Section sixteen of article five of the constitution is hereby 
amended so as to read as follows: 

Sec. 16. The governor may at any time require the opinion of the 
justices of the supreme court as to the interpretation of any portion of 
this constitution upon any question affecting his executive powers and 
duties, and the justices shall render such opinion in writing. 

CONSTITTITION OF FLOEIDA— 1886 * 

PREAMBLE 

We, the people of the State of Florida, grateful to Almighty God 
for our constitutional liberty, in order to secure its blessings and to 
form a more perfect government, insuring domestic tranquility, 

1 _ — . — 

* This constitution was framed by a convention which met at Tallahassee 
June 9, 1885, and completed its labors August «^, 1885. It was submitted to the 
people and ratified. 

Verified by a copy of the constitution supplied by Hon. John L. Crawford, 
Secretary of State. Published Tallahassee, Fla. : 1889. Florldian Steam Print- 
ing House, N. M. Bowen, proprietor. 

See also *' Journal of the Proceedings of the Constitutional Convention of the 
State of Florida which convened at the capitol. at Tallahassee, on Tuesday. 
Juut 8, 1885. Tallahassee, Fla.: N. M. Bowen, State Printer, 1885." pp. 58S>- 
027. 

See also Constitution of the State of Florida, adopted by the Convention of 
1885. [As amended.] E. O. Painter & Co., printers, De Land, Florida. ISOS. 
Ill pp. 



Florida— 1886 733 

maintaining public order, and guaranteeing equal civil and political 
rights to aU, do ordain and establish this Constitution. 

DECLARATION OF RIGHTS 

SEcmoN 1. All men are equal before the law, and have certain 
inalienable rights, among which are those of enjoying and defending 
life and liberty, acquiring, possessing and protecting property, and 
pursuing happiness and obtaining saiety. 

Sec. 2. All political power is inherent in the people. Government 
is instituted for the protection, security and benefit of the citizens, and . 
they have the right to alter or amend the same whenever the public 
^ood may require it; but the paramount allegiance of every citizen 
IS due to the Federal Government, and the people of this State have no 
power to dissolve its connection .therewith. 

Sec. 3. The right of trial by jury shall be secured to all, and remain 
inviolate forever. 

Sec. 4. All courts in this State shall be open, so that every person 
for any injury done Rim in his lands, goods, person or reputation 
shall have remedy, by due course of law, and right and justice shall 
be administered without sale, denial or delay. 

Sec. 5. The free exercise and enjoyment of religous profession and I 
worship shall forever be allowed in this State, and no person shall be \ 
rendered incompetent as. a witness on account of his religious opin- j 
ions; but the liberty of conscience hereby secured shall not be so con- 
strued as to justify licentiousness or practices subversive of, or incon- 
sistent with, the peace or moral safety of the State or society. 

Sec. 6. No preference shall be given by law to any church, sect or ' 
mode of worship, and no money shall ever be taken from the public 
treasury directly or indirectly in aid of any church, sect or religious 
denomination, or in aid of any sectarian institution. 

Sec. 7. The writ of habeas corpus shall be grantable speedily and 
of right, freely and without cost, and shall never be suspended unless, 
in case of rebellion or invasion, the public safety may require its 
suspension. 

Sec. 8. Excessive bail shall not be required, nor excessive fines be 
imposed, nor cruel or unusual punishment or indefinite imprisonment 
be allowed, nor shall witnesses be unreasonably detained. 

Sec. 9. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great. 

Sec. 10. No person shall be tried for a capital crime or other felony, 
unless on presentment or indictment by a grand jury, except as is 
otherwise provided in this Constitution, and except in cases of im- 
peachment, and in cases in the militia when in active service in time 
of war, or which the State, with the consent of Congress, may keep, 
in time of peace. 

Sec. 11. In all criminal prosecutions the accused shall have the 
right to a speedy and public trial, by an impartial jury, in the county 
-where the crime was committed, and shall be heard by himself, or 
counsel, or both, to demand the nature and cause of the accusation 
against him, to meet the witnesses against him face to face, and have 
compulsory process for the attendance of witnesses in his favor, and 
shall be furnished with a copy of the indictment against him, 
7^1— VOL 1—07 49 



734 Flmida—1885 

Sec. 12. No person shall be subject to be twice put in jeopardy for 
the same offense, nor compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty or property without 
due process of law ; nor shall private property be taken without just 
compensation. 

Sec. 13. Every person may fully speak and write his sentiments on 
all subjects, being responsible for the abuse of that right, and no laws 
shall be passed to restrain or abridge the liberty of speech or of the 
press. In all criminal prosecutions and civil actions for libel the 
truth may be given in evidence to the jury, and if it shall appear that 
the matter charged as libellous is true, and w^as published for good 
motives, the party shall be acquitted or exonerated. 

Sec. 14. No person shall be comj)elled to pay costs except after 
conviction, on a final trial. 

Sec. 15. The people shall have the right to assemble together to 
consult for the common good, to instruct their representatives, and to 
petition the Legislature for redress of grievances. 

Sec. 16. No person shall be imprisoned for debt except in cases of 
fraud. 

Sec. 17. No bill of attainder, ex post facto law, nor any law impair- 
ing the obligation of contracts, shall ever be passed. 

Sec. 18. Foreigners shall have the same rights as to the ownership, 
inheritance and disposition of property in this State as citizens of the 
State. 

Sec. 19. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party has been duly convicted, 
shall ever be allow^ed in this State. 

Sec. 20. The right of the people to bear arms in defence of them- 
selves and the lawful authority of the State, shall not be infringed, 
but the Legislature may prescribe the manner in which they may be 
borne. 

Sec. 21. The military shall in all cases and at all times be in strict 
subordination to the civil power. 

Sec. 22. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable seizures and searches, 
shall not be violated, and no warrants issued but upon probable cause, 
supported by oath or affirmation, particularly describing the place or 
places to be searched, and the person or persons, and thing or things 
to be seized. 

Sec. 23. Treason against the State shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort; 
and no person shall be convicted of treason except on the testimony 
of two w itnesses to the same overt act, or confession in open courts and 
no conviction for treason shall work corruption of blood or forfei- 
ture of estate. 

Sec. 24. This enunciation of rights shall not be construed to impair 
or deny others retained by the people. 

Article I 

BOUNDARIES 

The boundaries of the State of Florida shkll be as follows : Com- 
mencing at the mouth of the river Perdido; from thence up the 



Florida— 1886 735 

middle of said river to where it intersects the south boundary line of 
the State of Alabama, and the tEirty-first degree of north latitude; 
thence due east to the Chattahoochee river; thence down the middle 
of said river to its confluence with the Flint river; thence straight 
to the head of the St. Marys river; thence down the middle of said 
river to the Atlantic ocean; thence southeastwardly along the coast 
to the edge of the Gulf stream; thence southwestwardly along the 
edge of the Gulf stream and Florida Keefs to and including the Tor- 
tugas Islands; thence northeastwardly to a point three leagues from 
the mainland; thence northwestwardly three leagues from the land, 
to a point west of the mouth of the Perdido river; thence to the place 
of beginning. 

Article II 

DISTRmUTION OF POWERS 

The powers of the government of the State of Florida shall be 
divided into three departments — Legislative, Executive and Judicial ; 
and no person properly belonging to one of the departments shall 
exercise any powers appertainmg to either of the others, except in 
cases expressly provided for by this Constitution. 

Article III 

LEGISLATIVE DEPARTMENT 

Section 1. The Legislative authority of this State shall be vested 
in a Senate and a House of Representatives, which shall be designated, 
" The Legislature of the State of Florida," and the sessions thereof 
shall be held at the seat of government of the State. 

Sec. 2. The regular sessions of the Legislature shall be held bienni- 
ally, commencing on the first Tuesday after the first Monday in April, 
A. D., 1887, and on the corresponding day of every second year there- 
after, but the Governor may convene the same in extra session by his 
proclamation. Regular sessions of the Legislature may extend to 
sixty days, but no special session convened by the Governor shall 
exceed twenty days. 

Sec. 3. The members of the House of Representatives shall be 
chosen biennially, those of the first Legislature on the first Tuesday 
after the first Monday in November, A. D., 1886, and thereafter on 
the corresponding day of every second year.* 

Sec. 4. Senators and members of the House of Representatives 
shall be duly qualified electors in the respective counties and districts 
for which thev were chosen. The pay of members of the Senate 
and House of "Representatives shall not exceed six dollars a day for 
each day of session, and mileage to and from their homes to the seat 
of government, not to exceed ten cents a mile each way, by the nearest 
and most practicable route. 

Sec. 5. No Senator or member of the House of Representativas 
shall, during the time for which he was elected, be appointed or 
elected to any civil office under the Constitution of this State, that has 

♦ See Amendment, 1896. 



736 Flonda—1886 

been created, or the emoluments whereof shall have been increased 
during such time. 

Sec. 6. Each House shall judge of the qualifications, elections and 
returns of its own members, choose its own officers, and determine 
the rules of its proceedings. The Senate shall, at the convening of 
each regular session thereof, choose from among its own members a 
permanent President of the Senate, who shall be its presiding officer. 
The House of Representatives shall, at the convening of each regu- 
lar session thereof, choose from among its own members a permanent 
Speaker of the House of Representatives, who shall be its presiding 
officer. Each House may punish its own members for disorderly con- 
duct; and each House, with the concurrence of two-thirds of all of 
its members present, may expel a member. 

Sec. 7. No person holding a lucrative office or appointment under 
the United States or this State, shall be eligible to a seat in the Leg- 
islature of this State. 

Sec. 8. The seat of a member of either House shall be vacated on 
his permanent change of residence from the district or county from 
which he was elected. 

Sec. 9. Either House during the session may punish by fine or im- 
prisonment any person not a member who shall have been guilt v of 
disorderly or contemptuous conduct in its presence, or of a rexusal 
to obey its lawful summons, but such imprisonment shall not extend 
beyond the final adjournment of the session. 

Sec. 10. Either House shall have power to compel the attendance 
of witnesses upon any investigations held by itseli, or bv any of its 
committees; the manner of the exercise of such power skall be pro- 
vided by law. 

Sec. 11. a majority of each House shall constitute a quorum to do 
business, but a smaller number may adjourn from day to day, and 
compel the presence of absent members in such manner and under 
such penalties as it may prescribe. 

Sec. 12. Each House shall keep a Journal of its own proceedings, 
which shall be published, and the yeas and nays of the members of 
either House on any question shall, at the desire of any five members 
present, be entered on the Journal. 

Sec. 13. The doors of each House shall be kept open during its ses- 
sion, except the Senate while sitting in Executive session; and 
neither shall, without the consent of the other, adjourn for more than 
three days, or to any other town than that in which they may be hold- 
ing their session. 

Sec. 14. Any bill ma^r originate in either House of the Legislature, 
and after being passed in one House may be amended in the other. 

Sec. 15. The enacting clause of every law shall be as follows: " Be 
it enacted by the Legislature of the State of Florida." 

Sec. 16. Each law enacted in the Legislature shall embrace but one 
subject and matter properly connected therewith, which subject shall 
be briefly expressed in the title ; and no law shall be amended or re- 
vised by reference to its title only ; but in such case the act, as revised, 
or section, as amended, shall be re-enacted and published at length. 

Sec. 17. Every bill shall be read by sections on three several dajrs 
in each House, unless, in case of emergency, two-thirds of the House 
where such bill may be pending shall deem it expedient to dis- 



Florida— 1886 737 

pense with this rule ; but the reading of a bill by sections on its final 
passage shall in no case be dispensed with, and the vote on the final 
passage of every bill or joint resolution shall be taken by yeas and 
nays, to be entered on the Journal of each House; Provided^ That 
any general revision of the entire laws embodied in any bill shall not 
be required to be read by sections upon its final passage, and its read- 
ing may be wholly dispensed with by a two-thirds vote; and a ma- 
jority of the members present in each House shall be necessary to 
pass every bill or joint resolution ; and all bills or joint resolutions so 
passed shall be . signed by the presiding officers of the respective 
Houses, and by the Secretary of the Senate and the Clerk of the 
House of Representatives.* 

Sec. 18. >io law shall take effect until sixty days from the final 
adjournment of the session of the Legislature at which it may have 
been enacted, unless otherwise specially provided in such law. 

Sec. 19. Accurate statements of the receipts and expenditures of 
the public money shall be attached to and published with the laws 
passed at every regular session of the Legislature. 

Sec. 20. The Legislature shall not pass special or local laws in any 
of the following enumerated cases: that is to say, regulating the 
jurisdiction and duties of any class of officers, except municipal 
officers, or for the punishment of crime or misdemeanor; regulating 
the practice of courts of justice, except municipal courts; providing 
for changing venue of civil and criminal cases; granting divorces; 
changing the names of persons; vacating roads; summoning and 
empanneline grand and petit juries, and providing for their com- 
pensation ; for assessment and collection of taxes for State and county 
purposes; for opening and conducting elections for State and county 
officers, and for designating the places of voting; for the sale of real 
estate belonging to minors, estates of decedents, and of persons labor- 
ing under legal disabilities; regulating the fees of officers of the State 
and county; giving effect to informal or invalid deeds or wills; 
legitimizing children ; providing for the adoption of children ; reliev- 
ing minors from legal disabilities; and for the establishment of 
ferries. 

Sec. 21. In all cases enumerated in the preceding section all laws 
shall be general and of uniform operation throughout the State, but 
in all cases not enumerated or excepted in that section, the Legisla- 
ture may pass special or local laws; Provided^ That no local or special 
bill shall be passed, unless notice of the intention to apply therefor 
shall have been published in the locality where the matter or thing to 
be affected may be situated, which notice shall state the substance of 
the contemplated law, and shall be published at least sixty days prior 
to the introduction into the Legislature of such bill, and in tlie man- 
ner to be provided by law. The evidence that such notice has been 
published shall be established in the Legislature before such bill shall 
be passed. 

Sec. 22. Provision may be made by general law for bringing suit 
against the State as to all liabilities now existing or hereaiter orig- 
inating. 

Sec. 28. Lotteries are hereby prohibited in this State. 

* See ameDdmeDt, 1896. 



738 Florida— 188S 

Sec. 24. The Legislature shall establish a uniform system of county 
and municipal government, which shall be applicable, except in cases 
where local or special laws are provided by the Legislature that may 
be inconsistent tnerewith. 

Sec. 25. The Legislature shall provide by general law for incor- 
porating such educational, agricultural, mechanical, mining and other 
useful companies or associations as may be deemed necessary. 

Sec. 26. Laws shall be passed regulating elections, and prohibiting, 
under adequate penalties, all undue influence thereon from power, 
bribery, tumult or other improper practice. 

Sec. 27. The Legislature shall provide for the election by the 
people or appointment by the Governor of all State and county of- 
ficers not otherwise provided for by this Constitution, and fix by law 
their duties and compensation. 

Sec. 28. Every bill that may have passed the Legislature shall, 
before becoming a law, be presented to the Governor ; if he approves 
it he shall sign it, but if not he shall return it with his objections to 
the House in which it originated, which House shall cause such objec- 
tions to be entered upon its Journal, and proceed to reconsider it ; if, 
after such reconsideration, it shall pass both Houses by a two-thirds 
vote of members present, which vote shall be entered on the Journal 
of each House, it shall become a law. If any bill shall not be returned 
within five days after it shall have been presented to the Governor 
(Sunday excepted) the same shall be a law, in like manner as if he 
had signed it. If the Legislature, by its final adjournment, prevent 
such action, such bill shall be a law, unless the Governor, witnin ten 
days after the adjournment, shall file such bill, with his objections 
thereto, in the office of the Secretary of State, who shall lay the same 
before the Legislature at its next session, and if the same shall re- 
ceive two-thirds of the votes present, it shall become a law. 

Sec. 29. The House of Representatives shall have the sole power of 
impeachment; but by a vote of two-thirds of all members pre^sent 
shall be required to impeach any officer; and all impeachments shall 
be tried by the Senate. When sitting for that purpose the Senators 
shall be upon oath or affirmation, and no person snail be convicted 
without the concurrence of two-thirds of the Senators present. The 
Senate may adjourn to a fixed day for the trial of any impeachment, 
and may sit for the purpose of such trial whether the House of Rep- 
resentatives be in session or not, but the time fixed for such trial shall 
not be more than six months from the time articles of impeachment 
shall be preferred by the House of Representatives. The Chief-Jus- 
tice shall preside at all trials by impeachment except in the trial of 
the Chief -Just ice, when the Governor shall preside. The Governor, 
Administrative officers of the Executive Department,' Justices of the 
Supreme Court and Judges of the Circuit Court shall be liable to 
impeachment for any misdemeanor in office, but judgment in such 
cases shall extend only to removal from office and disqualification to 
hold any office of honor, trust or profit under the State; but the party 
convicted or acquitted shall nevertheless be liable to indictment, trial 
and punishment according to law. 

Sec. 30. Laws making appropriations for the salaries of public 
officers and other current expenses of the State shall contain pro- 
visions on no other subject. 



Florida— 1885 739 

Sec. 31. The Legislature shall elect United States Senators in the 
manner prescribed by the Congress of the United States and by this 
Constitution. 

Sec. 32. The repeal or amendment of any Criminal Statute shall 
not aflFect the prosecution or punishment of any crime committed 
before such repeal or amendment. 

Sec. 33. No statute shall be passed lessening the time within which 
a civil action may be commenced on any cause of action existing at 
the time of its passage. 

Akticle IV 
executive department 

Section 1. The Supreme Executive power of the State shall be 
vested in a Chief Magistrate, who shall be styled the Governor of 
Florida. 

Sec. 2. The Governor shall be elected by the qualified electors of the 
State at the time andplaces of voting for members of the Legislature, 
and shall hold his office for four years from the time of his installa- 
tion, but shall not be eligible for re-election to said office the next 
succeeding term; Provided. That the first election for Governor 
under this Constitution shall be had at the time and places of voting 
for members of the Legislature and State officers, A. D. 1888, and the 
term of office of the Governor then elected shall begin on the first 
Tuesday after the first Monday in January after his election. 

Sec. 3. No person shall be eligible to the office of Governor who 
is not a qualined elector, and who has not been ten years a citizen 
of the United States, and five years a citizen and resident of the 
State of Florida, next preceding the time of his election; Provided^ 
That these limitations of time shall not apply to the President of the 
Senate or Speaker of the House of Representatives when, under this 
Constitution, the powers and duties oi Governor shall devolve upon 
them. 

Sec. 4. The Governor shall be Commander-in-Chief of the military 
forces of the State, except when they shall be called into the service 
of the United States. 

Sec. 5. The Governor shall transact all Executive business with 
the officers of the Government, civil and military, and may require 
information in writing from the administrative ofiicers of the Execu- 
tive Department upon any subject relating to the duties of their 
respective offices. 

Sec. 6. The Governor shall take care that the laws be faithfully 
executed. 

Sec. 7. When any office, from any cause, shall become vacant, and 
no mode is provided by this Constitution or by the laws of the State 
for filling such vacancy, the Governor shall have the power to fill 
such vacancy by granting a commission for the unexpired term. 

Sec. 8. The Governor maj^ on extraordinary occasions, convene the 
Legislature by proclamation, and shall in his proclamation state the 
purpose for which it is to be convened, and the Legislature when 
or^nized shall transact no legislative business other than that for 
which it is especially convened, or such other legislative business as 



740 Florida— 1886 

the Governor may call to its attention while in session, except by a 
two-thirds vote or each House. 

Sec. 9. The Governor shall communicate by message to the Le^s- 
lature at each regular session information concerning the condition 
of the State, and recommend such measures as he may deem expedient. 

Sec. 10. In case of a disagreement between the twb Houses with 
respect to the time of adjournment, the Governor shall have power 
to adjourn the Legislature to such time as he may think proper, pro- 
vided it be not beyond the time fixed for the meeting of the next 
Legislature. 

Sec. 11. The Governor shall have power to suspend the collection 
of fines and forfeitures, and grant reprieves for a period not exceed- 
ing sixty days, for all offences, except in cases of impeachment. In 
cases of conviction for treason he snail have power to suspend the 
execution of sentence until the case shall be reported to the Legis- 
lature at its next session, when the Legislature shall either pardon, 
direct the execution of the sentence, or grant a further reprieve ; and 
if the Legislature shall fail or refuse to make disposition of such 
case, the sentence shall be enforced at such time and place as the 
Governor may direct. He shall communicate to the Legislature, at 
the beginning of every session, every case of fine or forfeiture remit- 
ted, or reprieve, pardon or commutation granted, stating the name of 
the convict, the crime for which he was convicted, the sentence, its 
date, and the date of its remission, commutation, pardon or reprieve. 

Sec. 12. The Governor, Justices of the Supreme Court, and Attor- 
ney-General, or a major part of them, of whom the Governor shall be 
one, may, upon such conditions, and with such limitations and restric- 
tions as they may deem proper, remit fines and forfeitures, commute 
punishment and grant pardons after conviction, in all cases except 
treason and impeachment, subject to such regulations as may be pre- 
scribed by law relative to the manner of applying for pardons.* 

Sec. 13. The Governor may, at any time, require the opinion of the 
Justices of the Supreme Court as to the interpretation ot any portion 
of this Constitution upon any question affecting his Executive powers 
and duties, and the Justices shall render such opinion in writing. 

Sec. 14. All grants and commissions shall be in the name and 
under the authority of the State of Florida, sealed with the great seal 
of the State, signed by the Governor, and countersigned by the Sec- 
retary of State. 

Sec. 15. All officers that shall have been appointed or elected, and 
that are not liable to impeachment, may be suspended from office by 
the Governor for malfeasance, or misfeasance, or neglect of duty in 
office, for the commission of any felony, or for drunkenness or incom- 
petency, and the cause of suspension shall be communicated to the offi- 
cer suspended and to the Senate at its next session. And the Gov- 
ernor, by and with the consent of the Senate, may remove any officer, 
not liable to impeachment, for any cause above named. Every sus- 
pension shall continue until the adjournment of the next session of the 
Senate, unless the officer suspended shall, upon the recommendation 
of the Governor, be removed ; but the Governor may reinstate the offi- 
cer so suspended upon satisfactory evidence that the charge or charces 
against him are untrue. If the Senate shall refuse to remove, or fail 

♦ See amendment, 1896. 



Florida— 1886 741 

to take action before its adjournment, the officer suspended shall 
resume the duties of the office. The Governor shall have power to 
fill by appointment any office, the incumbent of which has been sus- 

S ended. No officer suspended who shall under this section resume the 
uties of his office, shall suffer any loss of salary or other compensa- 
tion in consequence of such suspension. The suspension or removal 
herein authorized shall not relieve the officer from indictment for any 
misdemeanor in office. 

Sec. 16. The Governor shall appoint all commissioned officers of the 
State Militia, including an Aa]utant-General for the State. The 
Adjutant-General shall be the chief officer of the Governor's staff, 
with the rank of Major-General. His duties and compensation shall 
be prescribed by law ; Provided^ That this Constitution shall work no 
vacancy in the office of Adjutant-General, as now constituted, until 
the expiration of the present term. 

Sec. 17. The Governor and the administrative officers of the Execu- 
tive Department shall constitute a Board of Commissioners of State 
Institutions, which Board shall have supervision of all matters con- 
nected with such institutions in such manner as shall be prescribed 
by law. 

Sec. 18. The Governor shall have power to disapprove of any item 
or items of any bills making appropriations of money embracing dis- 
tinct items, and the part or parts of the bill approved shall be the law, 
and the item or items of appropriation disapproved shall be void, 
unless repassed according to the rules and limitations prescribed for 
the passage of other bills over the Executive veto. 

Sec. 19. In case of the impeachment of the Governor, his removal 
from office, death, resignation or inability to discharge his official 
duties, the powers and duties of Governor shall devolve upon the 
President or the Senate for the residue of the term, or until the dis- 
ability shall cease; and in case of the impeachment, removal from 
office, death, resignation or inability of the President of the Senate, 
the powers and duties of the office shall devolve upon the Speaker of 
the House of Representatives. But should there be a general elec- 
tion for members of the Legislature during such vacancy, an election 
for Governor to fill the same shall be had at the same time. 

Sec. 20. The Governor shall be assisted by administrative officers 
as follows: A Secretary of State, Attorney-General, Comptroller, 
Treasurer, Superintendent of Public Instruction, and Commissioner 
of Agriculture, who shall be elected at the same time as the Governor, 
and shall hold their offices for the same term; Provided^ That the 
first election of such officers shall be had at the time of voting for 
Governor A. D. 1888. 

Sec. 21. The Secretary of State shall keep the records of official 
acts of the Legislature and Executive Departments of the Govern- 
ment, and shall, when required, lay the same, and all matters relative 
thereto, before either branch of the Legislature ; and shall be the cus- 
todian of the Great Seal of the State. He shall also have charge of 
the Capitol building and grounds, and perform such other duties as 
shall be prescribed by law. 

Sec. 22. The Attorney-General shall be the legal adviser of the 
Governor, and of each of the officers of the Executive Department, 
and shall perform such other legal duties as may be prescribed by 
law. He snail be Reporter for the Supreme Court. 



742 Fhnda—1886 

Sec. 23. The Comptroller shall examine, audit, adjust and settle 
the accounts of all officers of the State and perform such other duties 
as may be prescribed by law. 

Sec. 24. The Treasurer shall receive and keep all funds, bonds, 
and other securities, in such manner as may be prescribed by law, and 
shall disburse no funds, nor issue bonds, or other securities, except 
upon the order of the Comptroller countersigned by the Governor, m 
such manner as shall be prescribed by law. 

Sec. 25. The Superintendent of Public Instruction shall have 
supervision of all matters pertaining to public instruction ; the super- 
vision of State buildings devoted to educational purposes, and per- 
form such other duties as the Legislature may provide by law. 

Sec. 26. The Conmiissioner of Agriculture shall perform such 
duties in relation to agriculture as may be prescribed by law ; shall 
have supervision of all matters pertaining to the public lands under 
regulations prescribed by law, and shall teep the Bureau of Immi- 
gration. He shall also have supervision of the State Prison, and 
shall perform such other duties as may be prescribed by law. 

Sec. 27. Each officer of this Department shall make a full report 
of his official acts, of the receipts and expenditures of his office, and 
of the requirements of the same, to the Governor at the beginning of 
each regular session of the Legislature, or whenever the Governor 
shall require it. Such reports shall be laid before the Legislature 
hj the Governor at the beginning of each regular session thereof. 
Either House of the Legislature may at any time call upon any officer 
of this department for mformation required by it. 

Sec. 28. The administrative officers of the Executive Department 
shall be installed on the same day as the Governor. 

Sec. 29. The salary of the Governor of the State shall be thirty- 
five hundred dollars a year, of the Comptroller two thousand dollars, 
of the State Treasurer two thousand dollars, of the Secretary of State 
fifteen hundred dollars, of the Attorney-General fifteen hundred dol- 
lars, of the Commissioner of Agriculture fifteen hundred dollars, of 
the Superintendent of Public Instruction fifteen hundred dollars, a 
year; Provided^ That no administrative officer of the Executive De- 
partment shall receive any additional compensation beyond his salary 
lor any service or services rendered the State in connection with the 
Internal Improvement Fund or other interests belonging to the State 
of Florida; Provided^ further^ That the Legislature may, after eight 
years from the adoption of this Constitution, increase or decrease 
any or all of said salaries. 

Article V 

judiciary department 

Section 1. The judicial power of the State shall be vested in a 
Supreme Court, Circuit Courts, Criminal Courts, County Courts, 
County Judges and Justices of the Peace. 

Sec. 2. The Supreme Court shall consist of three Justices, who 
shall be elected bv the qualified electors of the State at the time and 
places of voting iov members of the Legislature!, and shall hold their 
office for the term of six years, except those first elected, one of whom, 
to be designated by lot in such manner as they may determine, shall 



Florida— 188S 743 

hold his office for two years, another to be designated in like manner 
for four years, and the third for six years, so that one shall be elected 
every two years after the first election. The Chief Justice shall be 
designated bv lot by said Justices, and shall be such during his term 
of c)mce. The first election for said Justices shall take place at the 
first election for members of the Legislature after the ratification of 
this Constitution, and their term of office shall begin on the first Tues- 
day after the first Monday in January after their election. 

Sec. 3. No person shall ever be appointed or elected as a Justice of 
the Supreme Court, or Judge of a Circuit Court, or Criminal Court, 
that is not twenty-five years of age and an attorney at law. 

Sec. 4. The majority of the tfustices of the Supreme Court shall 
constitute a quorum for the transaction of all business. The concur- 
rence of two Justices shall be necessary to a decision. The number 
of terms of the Supreme Court and the times of holding the same 
shall be regulated by law. All terms shall be held at the Capital of 
the State. 

Sec. 5. The Supreme Court shall have 'appellate jurisdiction in all 
eases at law and m eguity originating in Circuit Courts, and of ap- 
peals from the Circuit Courts in cases arising before Judges of tne 
County Courts in matters pertaining to their probate jurisdiction and 
in the management of the estates of infants, and in cases of convic- 
tion of felony in the criminal courts, and in all criminal cases origi- 
nating in the Circuit Courts. The Court shall have the power to 
issue writs of mandamus, certiorari, prohibition, quo warranto, 
habeas corpus, and also all writs necessary or proper to the complete 
exercise of its jurisdiction. Each of the Justices shall have power 
to issue writs of habeas corpus to any part of the State upon petition 
by or on behalf of any person held in actual custody, and may make 
such writs returnable before himself or the Supreme Court, or any 
Justice thereof, or before any Circuit Judge. 

Sec. 6. The Legislature shall have power to prescribe regulations 
for calling into the Supreme Court a Judge of the Circuit Court, to 
hear and determine anv matters pending before the Court in the place 
of anv Justice thereof that shall be disqualified or disabled in such 
case from interest or other cause. 

Sec. 7. The Supreme Court shall appoint a Clerk who shall have 
his office at the Capital and shall be Librarian of the Supreme Court 
Library. 

Sec. 8. There shall be seven Circuit Judges, who shall be appointed 
by the Governor and confirmed by the Senate, and who shall hold 
their office for six years. The State shall be divided into seven Judi- 
cial Circuits, and one Judge shall be assigned to each Circuit. Such 
Judge shall hold at least two terms of his court in each county within 
his Circuit every year, at such times and places as shall be prescribed 
by law, and may nold special terms. The Governor may, in his dis- 
cretion, order a temporary exchange of Circuits by the respective 
Judges, or order any Judge to hold one or more terms or parts of 
terms in any other Circuit than that to which he is assigned. The 
Judge shall reside in the Circuit of which he is Judge. Successors 
to the Judges of the Circuit Courts in office at the ratification of this 
Constitution shall be appointed and confirmed at the first session of 
the Legislature after such ratification. 



744 Florida— 188S 

Sec. 9. The salary of the Justices of the Supreme Court shall be 
three thousand dollars a year. The salary or each Circuit Judge 
shall be two thousand five hundred dollars a year. 

Sec. 10. Until otherwise defined by the Legislature the several 
Judicial Circuits of the State shall be as follows : 

The First Judicial Circuit shall be composed of the counties of 
Escambia, Santa Bosa, Walton, Holmes, Washington and Jackson. 

The Second Judicial Circuit shall be composed of the counties of 
Gadsden, Liberty, Calhoun, Franklin, Leon, Wakulla and Jefferson. 

The Third Judicial Circuit shall be composed of the counties of 
Madison, Taylor, Lafayette, Hamilton, Suwannee and Columbia. 

The Fourth Judicial Circuit shall be composed of the counties of 
Nassau, Duval, Baker, Bradford, Clay and St. Johns. 
' The Fifth Judicial Circuit shall be composed of the counties of 
Putnam, Alachua, Levy, Marion and Sumter. 

The Sixth Judicial Circuit shall be composed of the counties of 
Hernando, Hillsborough, Manatee, Polk and Monroe. 

The Seventh Judicial Circuit shall be composed of the counties of 
Volusia, Brevard, Orange and Dade. 

' Sec. 11. The Circuit Courts shall have exclusive original juris- 
diction in all cases in equity, also in all cases at law, not cognizable 
by inferior courts, and in all cases involving the legality of any tax, 
assessment, or toll ; of the action of ejectment and of all actions in- 
volving the titles or boundaries of real estate, and of all criminal 
cases not cognizable by inferior courts; and original jurisdiction of 
actions of forcible entry and unlawful detainer, and of such other 
matters as the Legislature may provide. They shall have final 
appellate jurisdiction in all civil and criminal cases arising in' the 
County Court, or before the County Judge, of all misdemeanors 
tried in Criminal Courts, of judgments or sentences of any Mayor's 
Court, and of all cases arising before Justices of the Peace in counties 
in which there is no County Court; and supervision and appelate 
jurisdiction of matters arising before County Judges pertaimng to 
their probate jurisdiction, or to the estates and interests of minors, 
and of such other matters as the Legislature may provide. The 
Circuit Courts and Judges shall have power to issue writs of man- 
damus, injunction, quo warranto, certiorari, prohibition, habeas cor- 
pus and all writs proper and necessary to the complete exercise of 
their juridiction. 

Sec. 12. The Circuit Courts and Circuit Judges may have such 
extra territorial jurisdiction in chancery cases as may be prescribed 
by law. 

Sec. 13. It shall be the duty of the Judges of the Circuit Courts to 
report to the Attorney-General at least thirty days before each ses- 
sion of the Le^slature such defects in the laws as may have been 
brought to their attention, and to suggest such amendments or ad- 
ditional Legislation as may be deemed necessary. The Attorney- 
General shall report to the Legislature at each session such legislation 
as he may deem advisable. 

Sec. 14. A Circuit Judge may appoint in each county in his Cir- 
cuit one or more attorneys at law, to be Court Commissioners, who 
shall have power in the absence from the county of the Circuit Judge, 
to allow writs of injunction and to issue writs of habeas corpus, re- 
turnable before himself or the Circuit Judge. Their orders m sudi 



FU)rida—1885 745 

matters may be reviewed by the Circuit Judge, and confirmed, quali- 
fied or vacated. They may be removed by the Circuit Judge. The 
Legislature may confer upon them further powers, not judicial, and 
shall fix their compensation. 

Sec. 15. The Governor, by and with the consent of the Senate, 
shall appoint a State Attorney in each Judicial Circuit, whose duties 
shall be prescribed by law, and who shall hold office for four years. 
There shall be elected in each county a Sheriff, and a Clerk of the 
Circuit Court, who shall also be Clerk of the County Court, except 
in counties where there are Criminal Courts, and of the Board of 
County Commissioners, and Recorder and ex-officio Auditor of the 
County, each of whom shall hold office for four years. Their duties 
shall be prescribed by law. 

Sec. 16. There shall be in each county a County Judge who shall 
be elected bjr the qualified electors of said county at the time and 
places of voting for other county officers and shall hold his office for 
four years. His compensation shall be provided for by law. 

Sec. 17. The County Judge shall have original jurisdiction in all 
cases at law in which the demand or value of property involved 
shftll pot exceed one hundred dollars ; of proceedings relating to the 
forcible entry or unlawful detention of lands and tenements; and of 
such criminal cases as the Legislature may prescribe. The County 
Judge shall have jurisdiction of the settlement of the estates of dece- 
dents and minors, to order the sale of real estate of decedents and 
minors, to take probate of wills, to grant letters testamentary and 
of administration and guardianship, and to discharge the duties 
usually pertaining to courts of probate. He shall have the power 
of a committing magistrate and shall issue all licenses required by law 
to be issued in the county. 

Sec. 18. The Legislature may organize in such counties, as it may 
think proper. County Courts which shall have jurisdiction of all 
cases at law in which the demand or value of the property involved 
shall not exceed five hundred dollars ; of proceedings relating to the 
forcible entry or unlawful detention of lands and tenements, and of 
misdemeanors, and final appellate jurisdiction in civil cases arising 
in the Courts of Justices of the Peace. The trial of such appeals 
may be de novo at the option of the appellant. The County Judge 
shall be the Judge of said Court. There shall be elected by the qual- 
ified electors of said county at the time when the said Judge is 
elected a Prosecuting Attorney for said county, who shall hold office 
for four years. His duties and compensation shall be prescribed by 
law. Such Courts may be abolished at the pleasure of the Leg- 
islature. 

Sec. 19. When any civil case at law in which the Judge is disqual- 
ified shall be called for trial in a Circuit or County Court, the parties 
may agree upon an attorney at law, who shall be judge ad litem^ and 
shall preside over the trial of and make orders in said cause as if he 
were Judge of the Court. The parties may, however, transfer the 
cause to another Circuit Court or County Court, as the case may be, 
or may have the case submitted to a referee. 

Sec. 20. Any civil cause may be tried before a practicing attorney 
as referee upon the application of the parties and an order from the 
court, in whose jurisdiction the case may be, authorizing such trial 
and appointing such referee. The referee shall keep a complete 



746 Florida— 1885 

record of the case, including the evidence taken, and such record 
shall be filed with the papers in the case in the office of the Clerk; 
and the cause shall be subject to an appeal in the manner prescribed 
by law. 

Sec. 21. The County Commissioners of each county shall divide it 
into as many Justice Districts, not less than two, as they may deem 
necessary. There shall be elected one Justice of the Peace for each 
of the said districts. He shall hold his office for four years. 

Sec. 22. In each county where there is no County Court, as provided 
for in section eighteen of this Article, the Justices of the Peace shall 
have jurisdiction in cases at law in which the demand or value of the 
property involved does not exceed one hundred dollars, and in which 
the cause of action accrued, or the defendant resides, in his district; 
and in such criminal cases, except felonies, as may be prescribed by 
law; and in counties where County Courts are established, as provided 
for in section eighteen of this Article, every Justice of the Peace shall 
have jurisdiction in cases at law in which the demand or value of the 
property does not exceed fifty dollars, and in which the cause of action 
accrued, or the defendant resides, in his district; and he shall have 
power to issue process for the arrest of persons charged with crime, 
and to make the same returnable before himself or the County Judge, 
for examination, discharge, commitment or bail of the accused. 
Justices of the Peace shall have power to hold inquests of the dead. 
Appeals from Justices of the Peace Courts to Circuit Courts in crimi- 
nal cases shall be tried de novo under such regulations as the Legisla- 
ture may prescribe.* 

Sec. 23. A Constable shall be elected by the registered voters in 
each Justice's district, who shall perform such duties, and under such 
regulations as may be prescribed by law. 

Sec. 24. There shall oe established in the county of Escambia, and 
upon application of a majority of the registered -voters in such other 
counties as the Legislature may deem expedient, a Criminal Court 
of Record, and there shall be one Judge for each of the said courts, 
who shall be appointed by the Governor and confirmed by the Senate, 
who shall hold his office for four years, and whose salary shall be one 
thousand dollars a year, the counties paying the salaries. 

Sec. 25. The said courts shall have jurisdiction of all criminal 
cases not capital which shall arise in said counties respectively. 

Sec. 26. There shall be six terms of said courts in each year. 

Sec. 27. There shall be for each of said courts a Prosecuting Attor- 
ney, who shall be appointed by the Governor and confirmed by the 
Senate, and who shall hold his office for four years. His compensa- 
tion shall be fixed by Taw. 

Sec. 28. All offences triable in said Court shall be prosecuted upon 
information under oath, to be filed by the prosecuting attorney, but 
the grand jury of the Circuit Court for the county in which said 
Criminal Court is held may indict for offences triable in the Criminal 
Court. Upon the finding of such indictment the Circuit Judge shall 
commit or bail the accused for trial in the Criminal Court, which 
trial shall be upon information. 

Sec. 29. The County Courts in counties where such Criminal 
Courts are established shall have no criminal jurisdiction and no 
prosecuting Attorney. 

♦ See amendment, 1896. 



Florida— 188S 747 

Sec. 30. The Clerk of said Court shall be elected by the electors 
of the county in which the Court is held and shall hold office for four 
years, and his compensation shall be fixed by law. He shall also be 
Clerk of the County Court. The Sheriff of the County shall be the 
executive officer of said Court, and his duties and fees shall be fixed 
by law. 

Sec. 31. The State Attorney residing in the county where such 
Court is held shall be eligible for appointment as County Solicitor 
for said county. 

Sec. 32. Such courts may be abolished by the Legislature. 

Sec. 33. When the office of any Judge shall become vacant from 
any cause, the successor to fill such vacancy shall be appointed or 
elected only for the unexpired term of the Judge whose death, resig- 
nation, retirement, or other cause created such vacancy. 

Sec. 34. The Legislature may establish in incorporated towns and 
cities, courts for the punishment of offences against municipal ordi- 
nances. 

Sec. 35. No courts other than those herein specified shall be estab- 
lished in this State. 

Sec. 36. All judicial officers in this State shall be conservators of 
the peace. 

Sec. 37. The style of all process shall be " The State of Florida," 
and all prosecutions shall be conducted in the name and by the 
authority of the State. 

Sec. 38. The number of jurors for the trial of causes in any court 
may be fixed by law but shall not be less than six in any case. 

Article VI 

SUFFRAGE AND ELIGIBILITY 

Section 1. Every male person of the age of twenty-one years and 
upwards, that shall, at the time of registration, be a citizen of the 
United States, or that shall have declared his intention to become 
such in conformity to the laws of the United States, and that shall 
have resided and had his habitation, domicile, home and place of 
permanent abode in Florida for one year, and in the county for six 
months, shall in such county be deemed a qualified elector at all elec- 
tions under this Constitution.** 

Sec. 2. The Legislature, at its first session after the ratification of 
this Constitution, shall provide by law for the registration of all the 
legally qualified voters in each county, and for the returns of elec- 
tions; and shall also provide that after the completion, from time to 
time, of such registration, no person not duly registered according to 
law shall be allowed to vote. 

Sec. 3. Every elector shall at the time of his registration take and 
subscribe to the following oath : " I do solemnly swear or affirm that I 
will protect and defend the Constitution of the United States and of 
the State of Florida, that I am twenty-one years of age, and have 
been a resident of the State of Florida for twelve months and of this 
county for six months, and I am qualified to vote under the Constitu- 
tion and laws of the State of Florida." 



«Thi8 section (Art VI, sec. 7) repealed, in 1894. See amendment, 1894. 



748 Fhynda—1885 

Sec. 4. No person under guardianship, non compos mentis or insane 
shall be qualified to vote at any election, nor shall any person con- 
victed of felony by a court of record be qualified to vote at any elec- 
tion unless restored to civil rights. 

Sec. 5. The Legislature shall have power to, and shall, enact the 
necessary laws to exclude from every office of honor, power, trust or 

grofit, civil or military, within the State, and from the right of suf- 
rage, all persons convicted of bribery, perjury, larceny, or of infa- 
mous crime, or who shall make, or become directly or indirectly inter- 
ested in, any bet or wager, the result of which shall depend upon anv 
election ; or that shall hereafter fight a duel or send or accept a chal- 
lenge to fight, or that shall be a second to either party, or that shall 
be the bearer of such challenge or acceptance ; but the legal disability 
shall not accrue until after trial and conviction by due form of law. 

Sec. 6. In all elections by the Legislature the vote shall be viva 
voce^ and in all elections by the people the vote shall be by ballot. 

Sec. 7. At anv election at which a citizen or subject of any forei^ 
country shall offer to vote under the provisions of this Constitution, if 
required by any elector, he shall produce to the persons lawfully 
authorized to conduct and supervise such election a duly sealed and 
certified copy of his declaration of intention, and if unable to do so by 
reason that such copy cannot be obtained at the time of said election, 
he shall be allowed to make affidavit before a proper officer, setting 
forth the reason why he is unable to furnish such certificate, and it 
said affidavit prove satisfactory to the inspectors they shall allow said 
elector to cast his vote ; and any naturalized citizen offering to vote 
shall, if so required by any elector, produce his certificate of naturali- 
zation or a duly certified copy thereof, and in the event that said 
elector cannot produce the same, he shall be allowed to make affidavit 
before a proper officer stating in full the reason why it cannot be fur- 
nished, and if satisfactory to the inspectors of said election such 
elector shall be allowed to vote." 

Sec. 8. The Legislature shall have power to make the payment of 
the capitation tax a prerequisite for voting, and all such taxes re- 
ceived shall go into the school fund. 

Sec. 9. The Legislature shall enact such laws as will preserve the 
purity of the ballot given under this Constitution. 

Article VII 

CENSUS AND APPORTIONMENT 

Section 1. The Senators representing the odd numbered districts, 
as said districts are now designated, wliose terms have not expired, 
and those Senators representing even numbered districts, to be 
elected A. D. 1886, under the Constitution of 1868, shall be the first 
Senate under this Constitution ; and the members of the Assembly 
to be elected A. D. 1886 shall be the first House of Representatives 
under this Constitution, and the Senate and House of Representatives 
thus constituted shall be the first Legislature under this Constitution, 
and the terms of office of each of the said Senators and members of 
the House of Representatives shall expire at the election for Senators 

oThls section (Art VI, sec. 7) repealed in 1894. 



Florida— 1885 749 

and members of the House of Representatives A. D. 1888, and in that 
year a new Senate and House of Representatives shall be elected. 

Sec. 2. The Legislatures that convene in the year 1889 and there- 
after, shall consist of not more than thirty-two members of the Senate, 
and of not more than sixty-eight members of the House of Repre- 
sentatives. The members of the House of Representatives shall be 
elected for terms of two years, and the members of the Senate shall 
be elected for terms of four years, except as hereafter provided, the 
elections for members of the Senate and House of Representatives to 
be held at the same time and places. The terms of Senators elected 
in 1888 from districts designated by even numbers, shall expire at 
the end of two years from that date, and thereafter all Senators shall 
be elected for four years, so that one-half of the whole number shall 
be elected biennially." 

Sec. 3. The Legislature that shall meet A. D. 1887, and those that 
shall meet every ten years thereafter, shall apportion the representa- 
tion in the Senate, the whole number of Senators not to exceed thirty- 
two members; and at the same time shall also apportion the repre- 
sentation in the House of Representatives, the whole number of Repre- 
sentatives not to exceed sixty-eight members. The representation in 
the House of Representatives shall be apportioned among the several 
counties as nearly' as possible according to population; Provided, 
Each county shall have one representative at large in the House of 
Representatives, and no county shall have more than three Repre- 
sentatives. 

Sec. 4. When any Senatorial District is 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. Any 
new county that may be created shall be entitled to one member in 
the House of Representatives until the next apportionment there- 
after; and shall be assigned when created to one of the adjoining 
Senatorial Districts as shall be determined by the Legislature. 

Sec. 5. The Legislature shall provide for an enumeration of all the 
inhabitants of the State by counties for the year 1895, and every ten 
years thereafter. 

Article VIXI 
counties and cities 

Section 1. The State shall be divided into political divisions to be 
called counties. 

Sec. 2. The several counties as they now exist are hereby recognized 
as the legal political divisions of the State. 

Sec. 3. The Legislature shall have power to establish new counties, 
and to change county lines. Every newly established county shall 
be held liable for its proportion of the then existing liabilities of the 
county or counties from which it shall be formed, rated upon the 
basis of the assessed value of the property, both real and personal, 
subject to taxation within the territory taken from any county or 
counties; and every county acquiring additional territory from an- 
other county shall be held liable for its proportion of the liabilities of 

^Amended, 1896. 
7251--VOL 1—07 50 



750 Florida— 1886 

such other county existing at the time of such acquisition, to be rated 
upon the basis of the assessed value of all property subject to taxa- 
tion within such acquired territory. 

Sec. 4. The Legislature shall have no power to remove the County 
Seat of any county, but shall provide by general law for such re- 
moval; Provided^ That in the lormation of new counties the County 
Seat may be temporarily established by law. . 

Sec. 5. There shall be appointed by the Governor, by and with the 
consent of the Senate, in and for each county, five County Conmiis- 
sioners. Their terms of office shall be two vears, and their powers, 
duties and compensation shall be prescribed by law. The Legisla- 
ture shall provide for the division of each county into five districts, 
and one Cfounty Commissioner shall be selected from each of such 
districts. 

Sec. 6. The Ijegislature shall provide for the election by the quali- 
fied electors in each county of the following county officers : A Clerk 
of the Circuit Court, a Sheriff, Constables, a County Assessor of 
Taxes, a Tax Collector, a County Treasurer, a Superintendent of 
Public Instruction, and a County Surveyor. The term of office of 
all county officers mentioned in this section shall be four years, except 
that of County Assessor of Taxes, County Tax Collector and County 
Treasurer, who shall be elected for two years. Their powers, duties 
and compensation shall be prescribed by law. 

Sec. 7. The Legislature shall by law authorize the County Com- 
missioners of the several counties, where it is deemed necessary for 
assessment purposes, to divide their respective counties into taxation 
districts, and to appoint in and for each district an Assistant Assessor 
of Taxes, whose powers, duties and compensation shall be prescribed 
by law. All county officers, except Assistant AsvSessors of Taxes, 
shall, before entering upon the duties of their respective offices, be 
commissioned bv the Governor; but no such commission shall issue 
to any such officer until he shall have filed with the Secretary of 
State a good and sufficient bond in such sum and upon such condi- 
tions as the Legislature shall by law prescribe, approved by the 
County Commissioners of the county in which such officer resides, 
and by the Comptroller. No county officer shall become security 
upon the official oond of any other county officer. If any person 
elected or appointed to any county office shall fail to give bond and 
qualify withm sixty days after his election, the said office shall 
become vacant. 

Sec. 8. The Legislature shall have power to establish and to abolish 
municipalities, to provide for their government, to prescribe their 
jurisdiction and powers, and to alter or amend the same at any time- 
TMien any municipality shall be abolished, provision shaU be made 
for the protection of its creditors. 

Article IX 

TAXATION AND FINANCE 

Section 1. The Ix^gislature shall provide for a uniform and equal 
rate of taxation, and shall prescribe such regulations as shall secure 
a just valuation of all property, both real and personal, excepting 



Florida— 1886 751 

such property as may be exempted by law for municipal, educational, 
literary, scientific, religious or charitable purposes. 

Sec. 2. The Legislature shall provide for raising revenue sufficient 
to defray the expenses of the State for each fiscal year, and also a 
sufficient sum to pay the principal and interest of the existing indebt- 
edness of the State. 

Sec. 3. No tax shall be levied except in pursuance of law. 

Sec. 4. No money shall be drawn from the Treasury except in pur- 
saance of appropriations made by law. 

Sec. 5. The Legislature shall authorize the several counties and 
incorporated cities or towns in the State to assess and impose taxes 
for county and municipal purposes, and for no other purposes, and all 
property shall be taxed upon the principles established for State tax- 
ation. But the cities and incorporated towns shall make their own 
assessments for municipal purposes upon the property within their 
limits. The Legislature may also provide for levying a special capi- 
tation tax, and a tax on licenses. But the capitation tax shall not 
exceed one dollar a year and shall be applied exclusively to common 
school purposes. 

Sec. 6. The Legislature shall have power to provide for issuing 
State bonds only for the purpose of repelling invasion or suppressing 
insurrection, or for the purpose of redeeming or refunding bonds 
already issued, at a lower rate of interest 

Sec. 7. No tax shall be levied for the benefit of any chartered 
company of the State, nor for paying interest on any bonds issued 
by such chartered companies, or by counties, or by corporations, for 
the above-mentioned purpose. 

Sec. 8. No person or corporation shall be relieved by any court 
from the payment of any .tax that may be illegal, or illegally or 
irregularly assessed, until he or it shall have paid such portion of , 
his or its taxes as may be legal, and legally and regularly assessed. 

Sec. 9. There shall be exempt from taxation property to the value 
of two hundred dollars to every widow that has a faniily dependent 
on her for support, and to every person that has lost a limb or been 
disabled in war or by misfortune. 

Sec. 10. The credit of the State shall not be pledged or loaned to 
any individual, company, corporation or association; nor shall the 
State become a joint owner or stockholder in any company, associa- 
tion or corporation. The Legislature shall not authorize any county, 
city, borough, township or incorporated district to become a stock- 
holder in any company, association or corporation, or to obtain or 
oppropriate money for, or to loan its credit to, any corporation, asso- 
ciation, institution or individual. 

Article X 

HOMESTEAD AND EXEMPTIONS 

Section 1. A homestead to the extent of one hundred and sixty 
acres of land, or the half of one acre within the limits of any incor- 
porated city or town, owned by the head of a family residing in this 
State, together with one thousand dollars worth of personal property, 
and the improvements on the real estate, shall be exempt from lorced 



752 Florida— 1886 

sale under process of any court, and the real estate shall not be aliena- 
ble without the joint consent of husband and wife, when that rela- 
tion exists. But no property shall be exempt from sale for taxes or 
assessments, or for the payment of obli^tions contracted for the pur- 
chase of said property, or for the erection or repair of improvements 
on the real estate exeinpted, or for house, field or other labor per- 
formed OD the same. The exemption herein provided for in a city 
or town shall not extend to more improvements or buildings than the 
residence and business house of the owner; and no judgment or decree 
or execution shall be a lien upon exempted property except as pro- 
vided in this Article. 

Sec. 2. The exemptions provided for in section one shall inure to 
the widow and heirs of the party entitled to such exemption, and 
shall apply to all debts, except as specified in said section. 

Sec. 3. The exemption provided for in the Constitution of this 
State adopted in 1868 shall apply as to all debts contracted and judg- 
ments rendered since the adoption thereof and prior to the adoption 
of this Constitution. 

Sec. 4. Nothing in this Article shall be construed to prevent the 
holder of a homestead from alienating his or her homestead so ex- 
empted by deed or mortgage duly executed by himself or herself, and 
by nusband and wife, if such relation exists; nor if the holder be with- 
out children to prevent him or her from disposing of his or her home- 
stead by will in a manner prescribed by law. 

Sec. 5. No homestead provided for in section one shall be reduced 
in area on account of its being subsequently included within the limits 
of an incorporated city or town, without the consent of the owner. 

Sec. 6. The Ijegislature shall enact such laws as may be necessary 
to enforce the provisions of this Article.^ 

Article XI 
married women's property 

Section 1. All property, real and personal, of a wife owned by her 
before marriage, or lawfully acquired afterward by gift, devi^ 
bequest, descent, or purchase, shall be her separate property, and the 
same shall not be liable for the debts of her husband without her con- 
sent given by some instrument in writing executed according to the 
law respecting conveyances by married women. 

Sec 2. A married woman's separate real or personal property may 
be charged in equity and sold, or the uses, rents and profits thereof 
sequested for the purchase money thereof; or for money or thing 
due upon any agreement made by her in writing for the benefit of her 
separate property ; or for the price of any property purchased by her, 
or for labor and material used with her knowledge or assent m the 
construction of buildings, or repairs, or improvements upon her prop- 
erty, or for agricultural or other labor bestowed thereon, with her 
knowledge and consent. 

Sec 3. The Tjcgislature shall enact such laws as shall be necessary 
to carry into effect this Article. 



Florida— 1886 753 

Article XII 

EDUCATION 

Section 1. The Legislature shall provide for a uniform system of 
public free schools, and shall provide for the liberal maintenance of 
the same. 

Sec. 2. There shall be a Superintendent of Public Instruction, 
whose duties shall be prescribed by law, and whose term of office 
shall be four years and until the election and qualification of his 
successor. 

Sec. 3. The Governor, Secretary of State, Attorney-General, State 
Treasurer and State Superintendent of Public Instruction shall con- 
stitute a body corporate, to be known as the State Board of Education 
of Florida, of which the Governor shall be President, and the Super- 
intendent of Public Instruction Secretary. This Board shall have 
power to remove any subordinate school officer for cause, upon notice 
to the incumbent ; and shall have the management and investment of 
all State School Funds under such regulations as may be prescribed 
by law, and such supervision of schools of higher grades as the lar/ 
shall provide. 

Sec. 4. The State School Fund, the interest of which shall be 
exclusively applied to the support and maintenance of public free 
schools, shall be derived from the following sources: 

The proceeds of all lands that have been or may hereafter be 
granted to the State by the United States for public school purposes. 

Donations to the State when the purpose is not specified. 

Appropriations by the State. 

The proceeds of escheated property or forfeitures. 

Twenty -five per cent, of the sales of public lands which are now or 
may hereafter be owned by the State. 

Sec. 5. The principal of the State School Fund shall remain sacred 
and inviolate. 

Sec. 6. A special tax of one mill on the dollar of all taxable prop- 
erty in the State, in addition to the other means provided, shall be 
levied and apportioned annually for the support and maintenance of 
public free schools. 

Sec. 7. Provision shall be made by law for the distribution of the 
interest on the State School Fund and the special tax among the 
several counties of the State in proportion to the number of children 
residing therein between the ages or six and twenty-one years." 

Sec. 8. Each county shall be required to assess and collect annually 
for the support of public free schools therein, a tax of not less than 
three mills nor more than five mills on the dollar of all taxable prop- 
erty in the same. 

Sec. 9. The County School Fund shall consist, in addition to the 
tax provided for in section eight of this Article, of the proportion 
of the interest of the State School Fund and of the one mill State 
tax apportioned to the county; the net proceeds of al! fines collected 
under the penal laws of the State within the county; all capitation 

aAmended, 1894. 



754 Floruh—1885 

taxes collected within the county; and shall be disbursed by the 
County Board of Public Instruction solely for the maintenance and 
support of public free schools. 

Sec. 10. The Legislature may provide for the division of any county 
or counties into convenient school districts; and for the election 
biennially of three school trustees, who shall hold their office for two 
years, and who shall have the supervivsion^ of all the schools within 
the district; and for the levying and collection of a district school tax, 
for the exclusive use of public free schools within the district, when- 
ever a majority of the qualified electors thereof that pay a tax on real, 
or personal property shall vote in favor of such levy; Provided^ That 
any tax authorized by this section shall not exceed three mills on the 
dollar in any one year on the taxable property of the district. 

Sec. 11. Any incorporated town or city may constitute a School 
District. The fund raised by section 10 may be expended in the dis- 
trict where levied for building or repairing school houses, for the 
purchase of school libraries and text-books, for salaries of teachers, 
or for other educational purposes, so that the distribution among all 
the schools of the district be eauitable. 

Sec. 12. White and colored children shall not be taught in the 
same school, but impartial provision shall be made for both. 

Sec. 13. No law shall be enacted authorizing the diversion or the 
lending of any County or District School Funds, or the appropriation 
of any part of the permanent or available school fund to any other 
than school purposes ; nor shall the same, or any part thereof, be ap- 
propriated to or used for the support of any sectarian school. 

Sec. 14. The Legislature at its first session shall provide for the 
establishment, maintenance and management of such Normal Schools, 
not to exceed two, as the interests of public education may demand. 

Sec. 15. The compensation of all county school officers shall be paid 
from the school fund of their respective counties, and all other county 
officers receiving stated salaries shall be paid from the general fundb 
of their respective counties. 

Article XIII 

PUBLIC INSTITUTIONS 

Section 1. Institutions for the benefit of the insane, blind and deaf, 
and such other benevolent institutions as the public good may require, 
shall be fostered and supported by the State, subject to such regula- 
tions as may be prescribed by law. 

Sec. 2. A State Prison shall be established and maintained in 
such manner as may be prescribed by law. Provision may be made 
by law for the establishment and maintenance of a house of refuge 
for juvenile offenders; and the Legislature shall have power to 
establish a home and work-house for common vagrants. 

Sec. 3. The respective counties of the State shall provide in the 
manner prescribed by law for those of the inhabitants that, by reason 
of age, infirmity or misfortune, may have claims upon the aid and 
sympathy of society. 

Sec. 4. The first Legislature that convenes after the adoption of 
this Constitution shall enact the necessary laws to carry into effect 
the provisions of this Article. 



Florida— 1885 755 

Artkxk XIV 

MILITIA 

Section 1. All able-bodied male inhabitants of the State, between 
the ages of eighteen and forty-five years, that are citizens of the 
United States, or have declared their intention to become citizens 
thereof, shall constitute the militia of the State; but no male citizen 
of whatever religious creed or opinion shall be exempt from military 
duty except upon such conditions as may be prescribed by law. 

Sec. 2. The Legislature may provide by law for organizing and 
disciplining the militia of the State, for the encouragement of volun- 
teer corps, the safe keeping of the public arms, and for a guard for the 
State Prison. 

Sec. 3. The Governor, by and with the consent of the Senate. 
shall appoint two Major-Generals and four Brigadier-Generals or 
Militia. They shall take rank according to the dates of their com- 
missions. The officers and soldiers of the State Militia, when uni- 
formed, shall wear the uniform prescribed for the United States 
Army; Provided^ That volunteer companies may select their own 
uniforms. 

Sec. 4. The Governor shall have power to call out the Militia to 
preserve the public peace, to execute the laws of the State, to suppress 
insurrection, or to repel invasion. 

Article XV 
public health 

Sectiok 1. The Legislature shall establish a State Board of Health 
and also County Boards of Health in all counties where it may be 
necessary. 

Sec. 2. The State Board of Health shall have supervision of all 
matters relating to public health, with such duties, powers and re- 
sponsibilities as may be prescribed by law. 

Sec. 3. The County Boards of Health shall have such powers and 
be under the supervision of the State Board to such extent as the 
Legislature may prescribe. 

Article XVI 

MISCELLANEOUS PROVISIONS ^ 

Section 1. The Seat of Government shall be at the City of Talla- 
hassee, in the county of Leon. 

Sec. 2. Each and everv officer of this State, including the members 
of the Le^slature, shall before entering upon the discharge of his 
official duties take the following oath oi office : I do solemnly swear 
[or affirm] that I will support, protect, and defend the Constitution 
and Government of the United States and of the State of Florida; 
that I am duly qualified to hold office under the Constitution of the 

State, and that I will well and faithfully perform the duties of 

on which I am now about to enter. So help me God. 



756 Florida— 1885 

Sec. 3. The salary of each officer shall be payable quarterly upon 
his own requisition. 

Sec. 4. AH county officers shall hold their respective offices, and 
keep their official books and records, at the county seats of their 
counties ; and the Clerk and Sheriff shall either reside or have a sworn 
deputy within two miles of the county seat. 

Sec. 5. The Legislature may provide for the donation of the public 
lands to actual settlers, but such donation shall not exceed eighty 
acres to any one person. 

Sec. 6. The Legislature shall provide for the speedy publication 
and distribution of all laws it may enact. All decisions of the Su- 

{)reme Court and all laws and judicial decisions shall be free for pub- 
ication by any person. But no judgment of the Supreme Court shall 
take effect until the opinion of the Court in such case shall be filed 
with the Clerk of said Court." 

Sec. 7. The Legislature shall not create any office, the term of which 
shall be longer than four years. 

Sec. 8. A pluralitv of votes given at an election of officers shall 
constitute a choice when not otherwise provided by this Constitution. 

Sec. 9. In all criminal cases prosecuted in the name of the State, 
where the defendant is insolvent or discharged, the State shall pay 
the legal costs and expenses, including the fees of officers, under sudi 
regulations as shall be prescribed by law.^ 

Sec. 10. The Governor, Supreme Court and all the administrative 
officers of the Executive Department shall keep their offices at the Seat 
of Government. But in case of invasion or violent epidemics the 
Governor may direct that the offices of the Government be removed 
temporarily to some other place. The sessions of the Legislature may 
be adjourned for the same cause to some other place, but in case of 
such removal all the Departments of the Government shall be removed 
to one place. But such removal shall not continue longer than the 
necessity for the same shall continue. 

Sec. il. No extra compensation shall be made to any officer, agent, 
employe, or contractor after the service shall have been renderea, or 
the contract made; nor shall any money be appropriated or paid on 
any claim, the subject matter of which shall not have been provided 
for by pre-existing laws, unless such compensation or claim be allowed 
by bill passed by two-thirds of the members elected to each house of 
the Legislature. 

Sec. 12. The present Seal of the State shall be and remain the Seal 
of the State of Florida ; and the present State Emblem shall be and 
remain the Emblem of the State or Florida. 

Sec. 13. The sureties upon the official bonds of all the State officers 
shall be residents of, and have sufficient visible propertv unencum- 
bered within the State, not exempt from sale under legal process^ to 
make good their bonds; and the sureties upon the official bonds of all 
county officers shall reside within the counties where such county 
officers reside, and have sufficient visible property therein unencum- 

aAmended, 189(>. SAmeuded, 1894. 



Florida— 1886 757 

bered and not exempt from sale under legal process to make good 
their bonds.* 

Sec. 14. All State, County, and Municipal officers shall continue 
in office after the expiration of their official terms until their suc- 
cessors are duly qualified. 

Sec. 15. No person holding or exercising the functions of any office 
under any foreign Government, under the Government of the United 
States, or under any other State, shall hold any office of honor or 
profit under the government of this State ; and no person shall hold, 
or perform the functions of, more than one office under the govern- 
ment of this State at the same time ; Provided^ Notaries Public, militia 
officers, county school officers and Commissioners of Deeds may be 
elected or appointed to fill any legislative, executive or judicial office. 

Sec. 16. The property of all corporations, except tRe proper^ of a 
corporation which shall construct a ship or barge canal across the 
peninsula of Florida, if the Legislature should so enact, whether 
heretofore or hereafter incorporated, shall be subject to taxation . 
unless such property be held and used exclusively for religious, scien- | 
tific, municipal, educational, literary or charitable purposes. 

Sec. 17. No person shall hold any office of trust or profit under the 
laws of this State without devoting his personal attention to the 
duties of the same. 

Sec. 18. The Legislature shall provide for deductions from the 
salaries of public officers who neglect the performance of any duty 
assigned them by law. 

Sec. 19. No Convention nor I^egislature of this State shall act upon 
any amendment of the Constitution of the United States proposed by 
Congress to the several States, unless such Convention or Legislature 
shall have been elected after such amendment is submitted. 

Sec. 20. The Governor and every State officer are hereby prohib- 
ited from giving certificates of election or other credentials to any 
person as having been elected to the House of Eepresentatives of the 
United States Congress, or the United States Senate, who has not 
been five years a citizen of the State and ten years a citizen of the 
United States, and a qualified voter. 

Sec. 21. Deeds and mortgages which have been proved for record 
and recorded according to law, shall be taken as prima facie evidence 
in the courts of this State without requiring proof of the execution. 
A certified copy of the record of any deed or mortgage that has been 

«The joint resolution approved August G, 1868 (Laws, p. 188), resolved: 
" That a seal of the size of the American silver dollar, having In the centre 
thereof a view of the sun's rays over a highland in the distance, a cocoa tree, a 
steamboat on water, and an Indian female scattering flowers In the foreground, 
encircled by the words * Great Seal of the State of Florida : in God We Trust,* 
be and the same is hereby adopted as the great seal of the State of Florida, and 
immediately after such seal shall be prepared for use, the Governor shall issue 
his proclamation announcing that the same has become the great seal of the 
State." 

The constitution of 1868, Article XVI, section 31, directed as follows: "The 
Legislature shall, as soon as convenient, adopt a State emblem having the design 
of the great seal of the State impressed upon a white ground of six feet six 
inches fly and six feet deep." 



758 Florida— 1886 

or shall be duly recorded according to law shall be admitted bs prima 
facie evidence thereof, and of its due execution with like effect as 
the original duly proved; Provided^ It be made to appear that the 
original is not within the custody or control of the party offering 
such copy. 

Sec. 22. The Legislature shall provide for giving to mechanics 
and laborers an adequate lien on the subject matter of their labor. 

Sec. 23. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war except in 
the manner prescribed by law. 

Sec. 24. All marriages between a white person and a negro, or 
between a white person and a person of negro descent to the fourth 
generation, inclusive, are hereby forever prohibited. 

Sec. 25. The term felony, whenever it may occur in this Constitu- 
tion or in the laws of the State, shall be construed to mean any crim- 
inal offence punishable with death or imprisonment in the State 
Penitentiary. 

Sec. 26. The Legislature may make provision for the proper ad- 
justment and settlement of the claim of the citizens of Ocala against 
the State for certain aid given by the town of Ocala for the establish- 
ment of the East Florida Seminary in 1852,. and conditional upon 
its location at the said town. 

Sec. 27. The Legislature shall appropriate at least five hundred 
dollars each year tor the purchase of such books for the Supreme 
Court Library as the Court may direct. 

Sec. 28. The Legislature may provide for the drainage of the land 
of one person over or through that of another, upon just compensa- 
tion therefor to the owner of the land over which such drainage is 
had. 

Sec. 29. No private property nor right of way shall be appropri- 
ated to the use of any corporation or individual until full compensa- 
tion therefor shall be first made to the owner, or first secured to him 
by deposit of money ; which compensation, irrespective of any bene- 
fit from anv improvement proposed by such corporation or indi- 
vidual, shall be ascertained by a jury of twelve men in a court of 
competent jurisdiction, as shall be prescribed by law. 

Sec. 30. The Legislature is invested with full power to pass laws 
for the correction of abuses and to prevent unjust discrimination and 
excessive charges by persons and corporations engaged as common 
carriers in transporting persons and property, or performing other 
services of a public nature; and shall provide for enforcing such laws 
by adequate penalties or forfeitures. 

Sec. 31. No railroad or other transportation company or common 
carrier in this State shall grant a free pass, or discount the fare paid 
by the public generally, to any member of the Ijcgislature, or to any 
salaried officer of this State, and the Legislature shall prohibit the 
granting or receiving such free pass, or fare at a discount, by suitable 
penalties. 

Article XVTI 
amendments 

Section 1. Either branch of the Legislature, at a regular session 
thereof, may propose amendments to this Constitution; and if the 



Florida— 1885 759 

same be agreed to by three-fifths of all the members elected to each 
House, such proposed amendments shall be entered upon their re- 
spective Journals with the yeas and nays, and published in one news- 
paper in each county where a newspaper is published, for three 
months immediately preceding the next general election of Repre- 
sentatives, at which election the same shall be submitted to the elect- 
ors of the State, for approval or rejection. If a majority of the 
electors voting upon the amendments at such election shall adopt the 
amendments, the same shall become a part of the Constitution. 
The proposed amendments shall be so submitted as to enable the elect- 
ors to vote on each amendment separately. 

Sec. 2. If at any time the Legislature, by a vote of two-thirds of all 
the members of both Houses, shall determine that a revision of this 
Constitution is necessary, such determination shall be entered upon 
their respective Journals, with the yeas and nays thereon. Notice 
of said action shall be published Aveekly in one newspaper in every 
county in which a newspaper is published, for three montns preceding 
the next general election of Representatives, and in those counties 
where no newspaper is published, notice shall be given by posting 
at the several polling precincts in such counties for six weeks next 
preceding said election. The electors at said election may vote for 
or against the revision in question. If a majority of the electors so 
voting be in favor of revision, the Legislature chosen at such election 
shall provide by law for a Convention to revise the Constitution, 
said Convention to be held within six months after the passage of 
such law. The convention shall consist of a number equal to the 
membership of the House of Representatives, and shall be appor- 
tioned among the several counties in the same manner as members 
of said House. 

Article XVIII 

SCHEDULE 

Section 1. The Constitution adopted A. D. 1868, with amend- 
ments thereto, is declared to be superceded by this Constitution : But 
all rights, actions, claims and contracts, both as respects individuals 
and IxKlies corporate, shall continue to be as valid as if this constitu- 
tion had not been adopted. And all fines, taxes, penalties and for- 
feitures due and owing to the State of Florida under the Constitution 
of 1868, shall inure to the use of the State under this Constitution. 

Sec. 2. All laws now in force not inconsistent with this Con- 
stitution shall continue in force until they shall expire by their own 
limitation, or be repealed by the legislature. 

Sec. 3. All persons holding any office or appointment at the ratifi- 
cation of this Constitution shall continue in the exercise of the duties 
thereof, according to their respective commissions or appointemnts, 
and until their successors are duly qualified, unless by this Constitu- 
tion otherwise provided. 

Sec. 4. Nothing contained in this Constitution shall operate to 
vacate the office of Lieutenant-Governor until the expiration of his 
present term. 

Sec. 5. All vacancies occurring by limitation of terms before the 
general election in 1888 shall be filled as provided for by law under 
the Constitution of 1868. 



760 Florida— 1886 

Sec. 6. The term of office for all appointees to fill vacancies in any 
of the elective offices under this Constitution, shall extend only to the 
election and qualification of a successor at the ensuing general 
election. 

Sec. 7. In all cases of elections to fill vacancies in office such elec- 
tion shall be for the unexpired term. 

Sec. %. Upon the ratification of this Constitution the Commissioner 
of Landsand Immigration shall assume the office of Commissioner of 
Agriculture, and his duties as such shall be prescribed by the first 
Legislature assembled under this Constitution. 

Sec. 9. A general election shall be held in each county in this State 
on the first Tuesday after the first Monday in November, A. D. 1888, 
and everv two years thereafter, for all elective State and county 
officers whose terms of office are about to expire, or for any office that 
shall have become vacant.* 

Sec. 10. The first election for County Judge, Clerk of the Circuit 
Court, Sheriff, Tax Assessor, Tax Collector, County Treasurer, 
County Superintendent of Public Instruction, County Surveyor, 
Justices of the Peace, Constables and all other elective County Offi- 
cers shall be at the general election in 1888. 

Sec. 11. It shall be the duty of the President of this Convention 
immediately on its adjournment to certify to the Governor a copy of 
this Constitution. 

Sec. 12. Upon receipt of such certified copy the Governor shall 
forthwith announce the fact by proclamation, to be published in such 
newspapers in this State as may be deemed requisite for general in- 
formation, and five printed copies of such Constitution shall be trans- 
mitted by the Secretary of State to the Clerk of the Circuit Court, 
and five to the County Judge of each county, which shall be kept on 
file in their respective offices for examination by any person desiring 
the same. 

Sec. 13. All Courts as now organized and constituted shall con- 
tinue with their jurisdiction until the Legislature shall conform to 
the requirements of this Constitution the jurisdiction of such Courts 
as, under this Constitution, are to exercise in whole or in part the 
jurisdiction of Courts now organized. 

Sec. 14. The terms of office of all County Officers, unless otherwise 
provided, shall commence on the first Tuesday after the first Monday 
in January next after their election. 

Article XIX 

local option 

Section 1. The Board of County Commissioners of each county 
in the State, not oftener than once in every two years, upon the 
application of one- fourth of the registered voters of any county, shall 
call and provide for an election in the county in which appli- 
cation is made, to decide whether the sale of intoxicating liquors, 
wines or beer shall be prohibited therein, the question to be deter- 
mined by a majority vote of those voting at the election called under 

* Amended. 180(5. 



Florida— 1885 761 

this section, which election shall be conducted in the manner pre- 
scribed by law for holding general elections; Proinded^ That intoxi- 
cating liquors, either spiritous, vinous, or malt, shall not be sold in 
any election district in which a majority vote was cast against the 
same at the said election. Elections under this section shall be held 
within sixty days from the time of presenting said application, but 
if any such election should thereby take place within sixty days of 
any State or National election, it shall be held within sixty days after 
any such State or National election. 

Sec. 2. The Legislature shall provide necessary laws to carry out 
and enforce the provisions of Section 1 of this Article. 

ORDINANCES 
Ordinance No. 1 

Section 1. This Constitution shall be submitted to the people of 
the State of Florida for ratification on the first Tuesday after the 
first Monday in November, A. D. 1886, and it shall require a ma- 
jority of the votes cast upon the question to determine its ratification 
or rejection. 

Sec. 2. At such election each qualified elector shall express his 
assent or dissent, by having written or printed upon the ticket which 
he shall vote the words, " For the Constitution," or "Against the 
Constitution ; " such election bein^ subject to the same regulations 
and restrictions as are now prescribed by law. And in case of its 
ratification by the people, the Governor shall forthwith cause proc- 
lamation to be made oi the fact, and it shall go into effect on the first 
day of January, A. D. 1887. 

Ordinance No. 2 

Section 1. Article XIX shall be submitted to the people, when the 
Constitution is submitted for ratification, to become a part of the Con- 
stitution, if adopted by a majority of the votes cast upon the question, 
and the ballots of those voting on this Article shall have written or 
printed on them the words, " For Article XIX," or "Against Article 
XIX." 

Ordinance No. 3 

Be it ordained by the People of Florida, Represented in Constitu- 
tional Convention : 

Section 1. The pay of the members of this Constitutional Conven- 
tion shall be a per diem for attendance of six ($6.00) dollars a day in 
addition to mileage of ten cents a mile, each way, from their places 
of residence to the Capital and return, estimated by the shortest thor- 
oughfare. 

Sec. 2. The pay of the Secretary and Assistant Secretary of the 
Convention and all the Clerks elected by the Convention shall be six 
($6.00) dollars per diem each, allowing the Secretary and Assistant 
Secretary one day after adjournment to complete unfinished busi- 
ness; all Committee Clerks shall receive five ($5.00) dollars per diem 
for the number of days certified by the Chairman of the Committee ; 
the pay of the Sergeant-at-Arms shall be six ($6.00) dollars per diem. 



762 Florida— 1896 

and the Assistant Sergeant-at-Anns shall be five ($6.00) dollars per 
diem; the pay of the Messengers of the Convention diall be four 
($4.00) dollars per diem each; the pay of the Door-Keeper shall be 



five ($5.00) dollars per diem ; the pay of Pages shall be three ($3.00) 

" "le pay of the Janitor shall be two ($2.00) 

dollarsper diem ; the pay or the Chaplain shall be one hundred dol 



dollars per diem each; the paj 



lars. Tne Recording Clerk shall complete his work after the adjourn- 
ment of the Convention, under the supervision of the Secretary of 
State, and shall be paid for the same fifty dollars when his work is 
completed. Eighteen dollars shall be paid W. R. Carter for services 
as Assistant Secretary for three days. Messrs. Dorr & Bowen shall be 
paid for printing the amount approved by the Committee on Printing, 
certified by the President and Secretary of the Convention. 

Sec. 3. The Comptroller is requirea to draw his warrant on the 
Treasurer in favor of the officers and employees of this Convention 
for the full amount allowed them by section two, and to each dele- 
gate of this Convention for his pro rata share of the amount ap- 
propriated by the Legislature, after deducting from said amount 
the amount due said employees and all other expenses, including mile- 
age of members, incurred by this Convention. 

Sec. 4. The President is authorized on behalf of this Convention 
to issue certificates signed by himself and countersigned by the Secre- 
tary, to each of the members, payable to himself or his order, bearing 
interest at the rate of eight per cent, per annum from date, for the 
amount remaining due on account of the deficiency of the L^slative 
appropriation for expenses of this Convention. 

Sec. 5. The Legislature shall make an appropriation at its next 
session to pay said certificates. 

Sec. 6. Be it further enacted^ That the Secretary of this Conven- 
tion be and he is hereby authorized to audit the accounts of the mem- 
bers and all other expenses. 

Done in open Convention, at Tallahassee, this 3d day of August, 
A. D. eighteen hundred and eighty-five, and of the independence of 
the Uniited States the one hundred and tenth year. 

S. Pasco, President. 
J. E. YoNGE, First Vice-President, 
Wm. H. Reynolds, Secretary Convention. 

AMENDHENTS 
(Article III, sec. 3, 1896) 

Sec. 3. The members of the House of Representatives of the State 
of Florida shall be chosen biennially beginning with the general 
election on the first Tuesday after the first Monday in November, 
1898, and thereafter on the corresponding day of every second year, 

(Article III, sec. 17, 1896) 

Sec. 17. Every bill shall be read by its title, on its first reading, in 
either house, unless one-third of the members present desire it read by 
sections. Every bill shall be read on three several days unless two- 
thirds of the members present when such bill may be pending shall 
deem it expedient to dispense with this rule. Every bill shall be read 



Florida— 1894— 96 763 

by its sections on its second reading and on its final passage, unless 
on its second reading two- thirds of the members present in the House 
where such bill may be pending, shall deem it expedient to dispense 
with this rule. The vote on the final passage of every bill or joint 
resolution shall be taken by yeas ana nays to be entered on the 
Journal of each House ; Provided, That any general revision of the 
entire laws embodied in any bill shall not be required to be read by 
sections upon its final passage, and its reading may be wholly dis- 
pensed with by a two-third vote. A majority of the members present 
in each house shall be necessary to pass every bill or joint resolution, 
all bills or joint resolutions so passed shall be signed by the presid- 
ing officer of the respective Houses and by the Secretary of the Senate 
and the Clerk of the House of Representatives. 

(Article IV, sec. 12, 1896) 

Sec. 12. The Governor, Secretary of State, Comptroller, Attomey- 
Greneral and Commissioner of Agriculture or a major part of them, 
of whom the Governor shall be one, may upon such conditions and 
with such limitations and restrictions as they may deem proper,* 
remit fines and forfeitures, commute punishment and grant pardon 
after conviction, in all cases except treason and impeachment, sub- 
ject to such regulations as may be prescribed by law relative to the 
manner of applying for pardons. 

(Article V, sec. 22, 1896) 

Sec. 22. The Justices of the Peace shall have jurisdiction in cases 
at law in which the demand or value of the property involved does 
not exceed $100.00 and in w^hich the cause or action accrued or the 
defendent resides in his district; and in such criminal cases, except 
felonies, as may be prescribed by law, and he shall have power to issue 

Srocess for the arrest of all persons charged with felonies and mis- 
emeanors not within his jurisdiction. 

(Article VI, 1894) 
SUFFRAGE AND ELIGIBILITY 

Section 1. Every male person of the age of twenty-one years and 
upwards, that shall, at the time of regjistration, be a citizen of the 
United States, and that shall have resided and had his habitation, 
domicile, home and place of permanent abode in Florida for one year 
and in the county for six months, shall in such county be deemed a 
qualified elector at all elections under this Constitution. Naturalized 
citizens of the United States at the time of and before registration 
shall produce to the registration officer his certificate of naturaliza- 
tion or a duly certified copy thereof. 

(Article VII, sec. 2, 1896) 

Sec. 2. The Legislature shall consist of not more than thirty -two 
members of the Senate, and of not more than sixty -eight members of 
the House of Representatives. The members of the House of Repre- 
sentatives shall be elected for terms of two years, and the members 



764 Florida— 1894— 96 

of the Senate shall be elected for terms of four years, except as here- 
inafter provided. The elections for members of the House of Repre- 
sentatives and Senate shall be at the same time and plac^. The 
terms of office of the Senators elected in October A. D. 1896, shall 
expire on the first Tuesday after the first Monday in November A, D. 
1900, and the terms of those elected in November A. D. 1898, shall 
expire on the first Tuesday after the first Monday in November A. D. 
1902, and thereafter all Senators shall be elected for four years. 

(Article XII, sec. 7, 1894) 

Sec. 7. Provision shall be made by law for the apportionment and 
distribution of the interest on the State School Fund and all other 
means provided, including the special tax, for the support and main- 
tenance of public free schools, among the several counties of the State 
in proportion to the average attendance upon schools in the said coun- 
ties respectively. 

(ArUcle XVI, sec. 6, 1896) 

Sec. 6. The Legislature shall provide for the speedy publication 
and distribution of all laws it may enact. Decisions of the Supreme 
Court and all laws and judicial decisions shall be free for publication 
by any person. But no judgment of the Supreme Court shall take 
enect until the decision of the court in such case shall be filed with 
the clerk of said court. 

(Article XVI, sec. 9, 1894) 

Sec. 9. In all criminal cases prosecuted in the name of the State 
when the defendant is insolvent or discharged, the legal costs and 
expenses, including the fees of officers, shall be paid by the counties 
where the crime is committed, under such regulations as shall be pre- 
scribed by law ; and all fines and forfeitures collected under the penal 
laws of the State shall be paid into the county treasuries oi the 
respective counties as a general fund. 

(Article XVIII, sec. 9, 1896) 

Sec. 9. A general election shall be held in each county in this State 
on the first Tuesday after the first Monday in November, A. D. 1898, 
and every two years thereafter, for all elective State and County 
officers, whose terms of office are about to expire, or for any elective 
office that shall have become vacant. 



GEORGIA 



For organic acts relating to the lands now included within Georgia, see In 
this work : 

Charter of Virginia, 1606 (Virginia, p. 3783). 

Charter of Carolina, 1663 (North Carolina, p. 2743). 

Proprietary Proposals, 1663 (North Carolina, p. 2753). 

Charter of Carolina, 1665 (North Carolina, p. 2761). 

Fundamental Constitutions of Carolina, 1669 (North Carolina, p. 2772). 



GHABTEE OF OEOEOIA— 1732 * « 

George the second, by the grace of God, of Great Britain, France 
and Ireland, king, defender of the faith, and so forth. To all to 
whom these presents shall come, greeting. 

rWhereas we are credibly informed, that many of our poor subjects 
are, through misfortunes and want of employment, reduced to great 
necessity, insomuch as by their labor they are not able to provide a 
maintenance for themselves and families; and if they had means to 
defray their charges of passage, and other expences, incident to new 
settlements, they would oe glad to settle in any of our provinces in 
America nvhere by cultivating the lands, at present waste and deso- 
late, they might not only gain a comfortable subsistence -for them- 
selves and families, but also strengthen our colonies and increase the 
trade, navigation and wealth of these our realms. ;. And whereas our 
provinces m North America, have been frequently ravaged by Indian 
enemies; more especially that of South-Carolina, which in the late 
war, by the neighboring savages, was laid waste with fire and sword, 
and great numbers of English inhabitants, miserably massacred, and 
our loving subjects who now inhabit them, by reason of the smallness 
of their numbers, will in case of a new war, be exposed to the late 
calamities; inasmuch as their whole southern frontier continueth 
unsettled, and lieth open to the said savages — And whereas we think 

• The Charters of the following Provinces of North America ; Virginia, Mary- 
land, Connecticut Rhode Island, Pennsylvania, Massachusetts Bay and 
North American Colonies. In Consequence of the Stamp Act. Printed for 
W. Owen, at Temple Bar, London, J. Almon in Piccadilly; and F. Blyth at 
John's Coffee House, Royal Exchange, MDCCLXVI. 

« Georgia was included in a proprietary charter granted to the lords pro- 
prietors of Carolina in 1662-63, for which a provincial charter was substituted 
In 1719. The charter of Georgia, as an independent Colony, was granted to a 
company organized by James Oglethorpe, esq., who desired to provide in the 
New World homes for Indigent persons. This charter was surrendered June 
20, 1752, and a provincial government, with a governor and council, was sub- 
stituted, on the recommendation of the lords commissioners for trade and 
plantations. 

7251— VOL l-Ol 51 766 



766 Georgia— 1732 

it highly becoming our crown and royal dignity, to protect all our lov- 
ing subjects, be they ever so distant from us; to extend our fatherly 
compassion even to the meanest and most unfortunate of our people, 
and to relieve the wants of our above mentioned poor subjects; and 
that it will be highly conducive for accomplishing those ends, that 
a regular colony of the said poor people be settled and established in 
the southern territories of Carolina. And whereas we have been well 
assured, that if we will be most graciously pleased to erect and settle 
a corporation, for the receiving, managing and disposing of the con- 
tributions of our loving subjects; divers persons would be induced 
to contribute to the uses and purposes aforesaid-;;^now ye therefore, 
that we have, for the considerations aforesaid, and for the better and 
more orderlv carrying on of the said good purposes; of our special 
grace, certafn knowledge and mere motion, willed, ordained, consti- 
tuted and appointed, and by these presents, for us, our heirs and suc- 
cessors, do will, ordain, constitute, declare and grant, that our right 
trusty and well beloved John, lord-viscount Purcival, of our kingdom 
of Ireland, our trusty and well beloved Edward Digby, George Car- 
penter, James Oglethorpe, George Heathcote, Thomas Tower, Robert 
Moore, Robert Hucks, Roger Holland, William Sloper, Francis Evles, 
John Laroche, James Vernon, William Beletha, esquires, A. M. John 
Burton, B. D. Richard Bundy, A. M. Arthur Bedford, A. M. Samuel 
Smith, A. M. Adam Anderson and Thomas Corane, gentlemen ; and 
such other persons as shall be elected in the manner herein after 
mentioned, and their successors to be elected in the manner herein 
after directed; be, and shall be one body politic and corporate, in 
deed and in name, by the name of the Trustees for establishing the 
colony of Georgia in America ; and them and their successors by the 
same name, we do, by these presents, for us, our heirs and successors, 
really and fully make, ordain, constitute and declare, to be one body 
politic and corporate in deed and in name forever; and that by the 
same name, they and their successors, shall and may have perpetual 
succession; and that they and their successors by that name shall 
and may forever hereafter, be persons able and capable in the law, to 
purchase, have, take, receive and enjoy, to them and their successors, 
any manors, messuages, lands, tenements, rents, advowsons, liberties, 
privileges, jurisdictions, franchises, and other hereditaments what- 
soever, lying and being in Great Britain, or any part thereof, of 
whatsoever nature, kind or quality, or value they be, in fee and in 
perpetuity, not exceeding the vearly value of one thousand pounds, 
beyond reprises; also estates for lives, and for years, and all other 
manner of goods, chattels and things whatsoever they be; for the 
better settling and supporting, and maintaining the said colony, and 
other uses aforesaid; and to give, grant, let and demise the said 
manors, messuages, lands, tenements, hereditaments, goods, chattels 
and things whatsoever aforesaid, by lease or leases, for term of years, 
in possession at the time of granting thereof, and not in reversion, 
not exceeding the term of thirty-one years, from the time of granting 
thereof; on which in case no fine be taken, shall be reserved the full 
value, and in case a fine be taken, shall be reserved at least a moiety 
of the full value that the same shall reasonably and bona fide be worth 
at the time of such demise; and that they and their successors, by 
the name aforesaid, shall and may forever hereafter, be persons able. 



Georgia— 1732 767 

capable in the law, to purchase, have, take, receive, and enjoy, to 
them and their successors, any lands, territories, possessions, tene- 
ments, jurisdictions, franchises and hereditaments whatsoever, lying 
and being in America, of what quantity, quality or value whatsoever 
they be, for the better settling and supporting and maintaining the 
said colony; and that by the name aioresaid they shall and may 
be able to sue and be sued, plead and be impleaded, answer and l>e 
answered unto, defend and be defended, in all courts and places 
whatsoever, and before whatsoever judges, justices, and other officers, 
of us, our heirs and successors, in all and singular actions, plaints, 
pleas, matters, suits and demands, of what kind, nature or quality 
soever they be; and to act and to do, all matters and things in as 
ample manner and form as any other our liege subjects of this realm 
of Great Britain, and that they and their successors forever hereafter, 
shall and may have a common seal, to serve for the causes and busi- 
ness of them and their successors; and that it shall and may be lawful 
for them and their successors, to change, break, alter and make new 
the said seal, from time to time, and at their pleasure, and as they 
shall think best. 

And we do further grant, for us, our heirs and successors, that the 
said corporation, and the common council of the said corporation, 
hereinafter by us appointed, may from time to time, and at all times, 
meet about their affairs when and where they please, and transact 
and carry on the business of the said corporation. And for the 
better execution of the purposes aforesaid, we do, by these presents, 
for us, our heirs and successors, give & grant to the said corporation, 
and their successors, that they and their successors forever, may upon 
the third Thursday in the month of March, yearly, meet at some 
convenient place to be appointed by the said corporation, or major 
part of them who shall be present at any meeting of the said corpora- 
tion, to be had for the appointing of the said place; and that they, 
or two thirds of such of them, that shall be present at such yearly 
meeting, and at no other meeting of the said corporation, between the 
hours of ten in the morning and four in the afternoon of the same 
day, choose and elect such person or persons to be members of the said 
corporation, as they shall think beneficial to the good designs of the 
saia corporation. And our further will and pleasure is, that if it 
shall happen that any person hereinafter by us appointed, as the 
conmion council of the said corporation, or any persons to be elected 
or admitted members of the said common council in the manner 
hereafter directed, shall die, or shall by writing under his and their 
hands respectively resign his or their office or offices of common 
council man or common council men; the said corporation, or the 
major part of such of them as shall be present, shall and may at 
such meeting, on the said third Thursday in March yearly, in man- 
ner as aforesaid, next after such death or resignation, and at no 
other meeting of the said corporation, into the room or place of 
?uch person or persons so dead or so resigning, elect and choose one 
or more such person or persons, being members of the said corpora- 
tion, as to them shall seem meet; and our will is, that all and every 
the person or persons which shall from time to time hereafter be 
elected common council men of the said corporation as aforesaid, 
do and shall, before he or they act as common men of the said cor- 
poration, take an oath for the faithful and due execution of their 



768 Georgia— 1732 

office; which oath the president of the said corporation for the 
time being, is hereby authorized and required to administer to such 
person or persons elected as aforesaid. And our will and pleasure 
IS, that the first president of the said corporation is and shall be 
our trusty and well-beloved, the said Lord John Viscount Percival; 
and that the said president shall, within thirty days after the pass- 
ing this charter, cause a summons to be issued to the several mem- 
bers of the said corporation herein particularly named, to meet at 
such time and place as he shall appoint, to consult about and trans- 
act the business of said corporation. And our will and pleasure is, 
and we, by these presents, for us, our heirs, and successors, grant, 
ordain, and direct, that the common council of this corporation shall 
consist of fifteen in number ; and we do, by these presents, nominate, 
constitute, and appoint our right trusty and well-beloved John 
Lord Viscount Percival, our trusty and beloved Edward Digby, 
George Carpenter, James Oglethorpe, George Heathcote, Thomas 
Laroche, James Vernon, William Beletha, esqrs., and Stephen 
Hales, Master of Arts, to be the common council of the said cor- 
poration, to continue in the said office during their good behaTior. 
And whereas it is our royal intention; that the members of the said 
corporation should be increased by election, as soon as conveniently 
may be, to a greater number than is hereby nominated ; Our further 
will and pleasure is, and we do hereby, for us, our heirs and successors, 
ordain and direct, that from the time of such increase of the members 
of the said corporation, the number of the said common council shall 
be increased to twenty-four; and that the same assembly at which 
such additional members of the said corporation shall be chosen, 
there shall likewise be elected in the manner hereinbefore directed 
for the election of common council men, nine persons to be the said 
common council men, and to make up the number thereof twenty- 
four. And our further will and pleasure is, that our trusty and well 
beloved Edward Digby, esquire, shall be the first chairman of the 
common council of the said corporation; and that the said lord- 
viscount Purcival shall be, and continue, president of the said cor- 
poration, and that the said Edward Digby shall be and continue 
chairman of the common council of the said corporation, respectively, 
untirthe meeting which shall be had next and immediately after the 
first meeting of the said corporation, or of the common council of the 
said corporation respectively, and no longer; at which said second 
meeting, and every other subsequent and luture meeting of the said 
corporation or of the common council of the said corporation respec- 
tively, in order to preserve an indiflFerent rotation of the several omces, 
of president of the corporation, and of chairman of the common coun- 
cil of the said corporation we do direct and ordain that all and 
every the person and persons, members of the said common council 
for the time being, and no other, being present at such meetings, 
shall severally ana respectively in their turns, preside at the meetings 
which shall from time to time be held of the said corporation, or of 
the common council of the said corporation respectively : and in case 
any doubt or question shall at any time arise touching or concerning 
the turn or right of any member of the said common council to pre- 
side at any meeting of the said corporation, or at the common council 
of the said corporation, the same snail respectively be determined by 



Georgia— 1738 769 

the major part of the said corporation, or of the common council of 
the said corporation respectively, who shall be present at such meet- 
ing. Provided always, that no member of the said common council 
having served -in the offices of president of the said corporation, or of 
chairman of the conmion council of the said corporation, shall be 
capable of being, or of serving as president or chairman at any meet- 
ing of the said corporation, or common council of thfe said corpora- 
tion next and immediately ensuing that in which he so served as 
president of the said corporation or chairman of the said common 
council of the said corporation respectively ; unless it shall so happen 
that at any such meeting of the said corporation, there shall not be 
any other member of the said common council present. 

And our will and pleasure is, that at all and every of the meetings 
of the said corporation, or of the common council of the said corpo- 
ration, the president or chairman for the time being, shall have a voice 
and shall vote, and shall act as a member of the said corporation or of 
'the common council of the said corporation, at such meeting; and in 
case of any equality of votes, the said president or chairman for the 
time being, shall have and exercise a casting vote. And our further 
will and pleasure is, that no president of the said corporation, or 
chairman of the common council of the said corporation, or member 
of the said common council or corporation, by us by these presents 
appointed, or hereafter from time to time to be elected and appointed 
in manner aforesaid, shall have, take, or receive, directly or indirectly, 
any salary, fee, perquisite, benefit or profit whatsoever, for or by 
reason of his or their serving the said corporation, or common council 
of the said corporation, or president, chairman or common council- 
man, or as being a member or the said corporation. And our will and 
pleasure is, that the said herein before appointed president, chairman 
or common council-men, before he and they act respectively as such, 
shall severally take an oath for the faithful and due execution of 
their trust, to be administered to the president by the Chief Baron of 
our Court of Exchequer, for the time being, and by the president of 
the said corporation to the rest of the common council, who are hereby 
authorised severally and respectively, to administer the same. And 
our will and pleasure is, that all and every person and persons, shall 
have in his or their own name or names, or in the name or names of 
any person or persons in trust for him or them, or for his or their 
benefit, any place, office or employment of profit, under the said cor- 
poration, shall be incapable of being elected a member of the said 
corporation ; and if any member of the said corporation during such 
time as he shall continue a member thereof, shall in his own name or 
in the name of any person or persons, in trust for him or for his bene- 
fit, have, hold or exercise, accept, possess or enjoy, any office, place or 
employment of profit, under the said corporation, or under the com- 
mon council of the said corporation — such member shall from the time 
of his having, holding, exercising, accepting possessing and enjoying 
such office, place and employment of profit, cease to be a member or 
the said corporation. And we do for us, our heirs and successors, 
grant unto the said corporation, that they and their successors or the 
major part of such of them as shall be present at any meeting of the 
said corporation, convened and assembled for that purpose by a con- 
venient notice thereof, shall have power from time to time, and at all 



770 Georgia— 1738 

times hereafter, to authorize and appoint such persons as they shall 
think fit to take subscriptions, and to gather and collect such moneys 
as shall be by any person or persons contributed for the purposes 
aforesaid ; and shall and may revoke and make void such authorities 
and appointments, as often as they shall see cause so to do. 

And we do hereby for us, our heirs and successors, ordain and direct, 
that the said corporation shall every year lay an account in writing 
before the chancellor, or speaker, or commissioners, for the custody of 
the great seal of Great-Britain, of us, our heirs and successors: the 
Chief Justice of the Court of King's Bench, the Master of Rolls the 
Chief Justice of the Court of Common Pleas, and the chief Baron of 
the Exchequer of us, our heirs and successors for the time being, or 
any two of them; of all monevs and effects by them received or 
expended, for the carrying on of the good purposes aforesaid. And 
we do hereby, for us, our heirs and successors, give and grant unto 
the said corporation, and their successors, full power and authority 
to constitute, ordain and make, such and so many by-laws, constitu- 
tions, orders and ordinances, as to them, or the greater part of them, 
at their general meeting for that purpose, shall seem necessary and 
convenient for the well ordaining and governing of the said corpora- 
tion; and the said by-laws, constitutions, orders and ordinances, or 
any of them, to alter and annul, as they or the major part of them 
then present shall see requisite: and in and by such bv-laws, rulc»s, 
orders and ordinances, to sell, impose and inflict, reasonable pains and 
penalties upon any offender or offenders, who shall transgress, break 
or violate the said by-laws, constitutions, orders and ordinances, so 
made as aforesaid, and to mitigate the same as they or the major part 
of them then present shall find cause, which said pains and penalties, 
shall and may be levied, sued for, taken, retained and recovered, by 
the said corporation and their successors, by their officers and servants, 
froln time to time, to be appointed for that purpose, by action of debt, 
or by any other lawful ways or means, to the use and behoof of the 
said corporation and their successors, all and singular: which by- 
laws, constitutions, orders and ordinances, so as aforesaid to be made, 
we w411 shall be duly observed and kept, under the pains and penalties 
therein to be contained, so always, as the said by-laws, constitutions, 
orders, and ordinances, pains and penalties, from time to time to be 
made and imposed, be reasonable and not contrary or repugnant to 
the laws or statutes of this our realm ; and that such by-laws, consti- 
tutions and ordinances, pains and penalties, from time to time to be 
made and imposed ; ana any repeal or alteration thereof, or any of 
them, may be likewise agreed to be established and confirmed by the 
said general meeting of the said corporation, to be held and kept next 
after the same shall be respectively made. And whereas the said cor- 
poration intend to settle a colony, and to make an habitation and 
plantation in that part of our province of South-Carolina, in America, 
herein after descriWd. 

Know ye, therefore that we greatly desiring the happy success of the 
said corporation, for their further encouragement m accomplishing 
so excellent a work have of our aforesaid grace, certain knowledge 
and mere motion, given and granted by these presents, for us, our 
heirs and successors, do give and grant to the said corporation and 
their successors under the reservation, limitation and declaration. 



Georgm—17S^ 111 

hereafter expressed, seven undivided parts, the whole in eight equal 
parts to be divided, of all those lands, countrys and territories, sit- 
uate, lying and being in that part of South-Carolina, in America, 
which lies from the most northern part of a stream or river there, 
commonly called the Savannah, all along the sea coast to the south- 
ward, unto the most southern stream of a certain other great water 
or river called the Alatamaha, and westerly from the heads of the 
said rivers respectively, in direct lines to the south seas; and all that 
share, circuit and precinct of land, within the said boundaries, with 
the islands on the sea, lying opposite to the eastern coast of the said 
lands, wnthin twenty leagues of the same, which are not inhabited 
already, or settled by any authority derived from the crown of Great- 
Britain: together with all the soils, grounds, havens, ports, gulfs and 
bays, mines, as well royal mines of gold and silver, as other minerals, 
precious stones, quarries, woods, rivers, waters, fishings, as well royal 
fishings of whale and sturgeon as other fishings, pearls, commodi- 
ties, jurisdictions, royalties, franchises, privileges and pre-eminences 
within the said frontiers and precincts thereof and thereunto, in any 
sort belonging or appertaining, and which we by our letters patent 
may or can grant, and in as ample manner and sort as we may or 
any of our royal progenitors have hitherto granted to any company, 
body politic or corporate, or to any ed venturer or adventurers, under- 
taker or undertakers, of any discoveries, plantations or traffic, of, in, 
or unto any foreign parts whatsoever; and in as large and ample 
manner, as if the same were herein particularly mentioned and 
expressed: to have, hold, possess and enjoy, the said seven undivided 
parts, the whole into eight equal parts, to be divided as aforesaid, of all 
and singular the lands, countries and territories, with all and singular 
other the premises herein before by these presents granted or men- 
tioned, or intended to be granted to them, the said corporation, and 
their successors forever, for the better support of the saia colony,it6 be 
holden of us, our heirs and successors, as of our honour of Hampton- 
court, in our county of Middlesex in free and common soccage, and 
not in capite, yielding, and paying therefor to us, our heirs and 
successors yearly forever, the sum of four shillings for every hundred 
acres of the said lands, which the said corporation shall grant, demise, 
plant or settle; the said payment not to commence or to be made, 
until ten years after such grant, demise, planting or settling; and to 
be answered and paid to us, our heirs and successors, in such manner 
and in such species of money or notes, as shall be current in payment, 
by proclamation from time to time, in our said province of South- 
CJarolina. All which lands, countries, territories and premises, hereby 
granted or mentioned, and intended to be granted, we do by these 
presents, make, erect and create one independent and separate prov- 
ince, by the name of Georgia, by which name we will, the same 
henceforth be called. * And that all and every person or persons, 
who shall at any time hereafter inhabit or reside within our said 

Erovince, shall be, and are hereby declared to be free, and shall not 
B subject to or be bound to obey any laws, orders, statutes or con- 
stitutions, which have been heretofore made, ordered or enacted by, 
for, or as, the laws, orders, statutes or constitutions of our said prov- 
ince of South-Carolina, (save and except only the commander in 
chief of the militia, of our said province of Georgia, to our governor 



772 Georgia— 17S2 

for the lime being of South-Carolina, in manner hereafter declared;) 
but shall be subject to, and bound to obey, such laws, orders, statutes 
and constitutions as shall from time to time be made, ordered and 
enacted, for the better government of the said province of Greorgia, 
in the manner hereinafter declared. 

And we do hereby, for our heirs and successors, ordain, will and 
establish, that for and during the term of twenty-one years, to com- 
mence from the date of these our letters patent, the said corpK)ration 
assembled for that purpose, shall and may form and prepare, laws, 
statutes and ordinances, fit and necessary for and concerning the gov- 
ernment of the said colony, and not repugnant to the laws and stat- 
utes of England'; and the same shall and may present under their 
common seal to us, our heirs and successors, m our or their privy 
council for our or their approbation or disallowance: and the said 
laws, statutes and ordinances, being approved of by us, our heirs and 
successors, in our or their privy council, shall from thence forth be 
in full force and virtue within our said province of Georgia. And 
forasmuch as the good and prosperous success of the said colony can- 
not but chiefly depend, next under the blessing of God, and the 
support of our royal authority, upon the provident and good direc- 
tion of the whole enterprise, and that it will be too great a burthen 
upon all the members of the said corporation to be convened so often 
as may be requisite, to hold meetings for the settling, supporting, 
ordering, and maintaining the said colony; therefore we do win, 
ordain and establish, that the said common council for the time being, 
of the said corporation, being assembled for that purpose, or the 
major part of them, shall from time to time, and at all times here- 
after, have full power and authority to' dispose of, extend and apply 
all the monies and effects belonging to the said corporation, in such 
manner and ways and by such expenses as they shall think best to 
conduce to the carrying on and effecting the good purposes herein 
mentioned and intended; and also shall have full power in the name 
and on account of the said corporation, and with and under their 
common seal, to enter under any covenants or contracts, for carrying 
on and effecting the purposes aforesaid. And our further will ana 
pleasure is, that the said common council for the time being, or the 
major part of such common council, which shall be present and 
assembled for that purpose, from time to time, and at all times here- 
after, shall and may nominate, constitute and appoint a treasurer 
or treasurers, secretary or secretaries, and such other officers, min- 
isters and servants of the said corporation as to them or the major 
part of them as shall be present, shall seem proper or requisite for 
the good management of tneir affairs; and at their will ana pleasure 
to displace, remove and put out such treasurer or treasurers, sec- 
retary or secretaries, and all such other officers, ministers and servt 
ants, as often as they shall think fit so to do; and others in the room, 
office, place or station of him or them so displaced, remove or put 
out, to nominate, constitute and appoint; and shall and may deter- 
mine and appoint, such reasonable salaries, perquisites and other 
rewards, for their labor, or service of such officers, servants and per- 
sons as to the said common council shall seem meet; and all such 
officers servants and persons shall, before the acting of their respec- 



Georgia— 1732 773 

tive oflices, take an oath to be to them administered by the chairman 
for the time being of the said common council of the said corpora- 
tion, who is hereby authorized to administer the same, for the faithful 
and due execution of their respective offices and places. 

And our will and pleasure is, that all and every person and persons, 
who shall from time to time be chosen or appointed treasurer or 
treasurers, secretary or secretaries of the said corporation, in manner 
herein after directed, shall during such times as they shall serve in 
the said offices respectively, be incapable of being a member of the said 
corporation. And we do further of our special grace, certain knowl- 
edge and mere motion, for us, our heirs and successors, grant, by these 
{)resents, to the said corporation and their successors, that it shall be 
awful for them and their officers or agents, at all times hereafter, to 
transport and convey out of our realm of Great-Britain, or any other 
of our dominions, into the said province of Georgia, to be there set- 
tled all such so many of our loving subiects, or any foreigners that 
are willing to become our subjects, and live under our allegiance, in 
the said colony, as shall be willing to go to, inhabit, or reside there, 
with sufficient shipping, armour, weapons, powder, shot, ordnance, 
munition, victuals, merchandise and wares, as are esteemed by the 
wild people; clothing, implements, furniture, cattle, horses, mares, 
and all other things necessary for the said colony, and for the use and 
defence and trade with the people there, and in passing and return- 
ing to and from the same. Also we do, for ourselves and successors, 
declare, by these presents, that -all and every the persons which shall 
happ>en to be bom within the said province, and every of their chil- 
dren and posterity, shall have and enjov all liberties, franchises and 
immunities of free denizens and natural bom subiects, within any of 
our dominions, to all intents and purposes, as it abiding and born 
within this our kingdom of Great-Britain, or any other of our domin- 
ions And for the greater ease and encouragement of our loving 

subjects and such others as shall come to inhabit in our said colony, 
we do by these presents, for us, our heirs and successors, grant, estab- 
lish and ordain, that forever hereafter, there shall be a li&rty of con- 
science allowed in the worship of Godj to all persons inhabiting, or 
which shall inhabit or be resident withm our said province, and that 
all such persons, except papists, shall have a free exercise of their 
reliffion, so they be contented with the quiet and peaceable enjoyment 
of the same, not giving offence or scandal to the government, i And 
our further will and pleasure is, and we do hereby for us, oiir heirs 
and successors, declare and grant, that it shall and may be lawful for 
the said common council, or the major part of them assembled for 
that purpose, in the name of the corporation, and under the common 
seal, to distribute, convey, assign and set over such particular portions 
of lands, tenements and hereditaments by these presents granted to 
the said corporation, unto such our loving subjects, natural born, den- 
izens or others that shall be willing to become our subjects, and live 
under our allegiance in the said colony, upon such terms, and for such 
estates, and upon such rents, reservations and conditions as the same 
may be lawfully granted, and as to the said common council, or the 
major part of them so present, shall seem fit and proper. Provided 
always that no grants shall be made of any part of the said lands 



774 Georqm—1732 

unto any person, being a member of the said corporation, or to any 
other person in trust, ror the benefit of any member of the said cor- 
poration ; and that no person having any estate or interest, in law or 
equity, in any part of the said lands, shall be capable of being a mem- 
ber of the said corporation, during the continuance of such estate or 
interest. Provided also, that no greater quantity of lands be granted, 
either entirely or in parcels, to or for the use, or in trust for any one 
person, than five hundred acres; and that all grants made contrary 
to the true intent and meaning hereof, shall be absolutely null and 
void. 

And we do hereby grant and ordain, that such person or persoas, 
for the time being as shall be thereunto appointed by the said corpo- 
ration, shall and may at all times, and from time to time hereafter^^ 
' have full power and authority to administer and give the oaths,' 
appointed by an act of parliament, made in the first year of the reign 
of our late royal father, to be taken instead of the oaths of allegiance 
-and supremacy! ; and also the oath of abjuration, to all and every per- 
son and persons which shall at any time be inhabiting or residing 
within our said colony; and in like cases to administer the solemn 
affirmation to any of the persons commonly called quakers, in such 
manner as by the laws of our realm of Great-Britain, the same may be 
administeredjL And we do, of our further ^race, certain knowledge 
and mere motion, grant, establish and ordam, for us, our heirs and 
suc(?essors, that the said corporation and their successors, shall have 
full power and authority, for and during the term of twenty-one 
years, to commence from the date of these our letters patent, to erect 
and constitute judicatories and courts of record, or other courts, to be 
held in the name of us, our heirs and successors for the hearing and 
determining of all manner of crimes, offences, pleas, processes, plaints, 
actions, matters, causes and things whatsoever, arising or happening, 
within the said province of Georgia, or between persons of (Jeorgia; 
whether the same be criminal or civil, and whether the said crimes 
be capital or not capital, and whether the said pleas be real, personal 
or mixed : and for awarding and making out executions thereupon ; to 
which courts and judicatories, we do hereby, for us, our heirs and 
successors, give and grant full power and authority, from time to 
time, to-administer oaths for the discovery of truth in any matter in 
controversy, or depending before them, or the solemn affirmation, to 
any of the persons commonly called quakers, in such manner, as bv 
the laws of our realm of Great-Britain, the same may be administered. 

And our further will and pleasure is, that the said corporation and 
their successors, do from time to time, and at all times hereafter, reg- 
ister or cause to be registered, all such leases, grants, plantings, con- 
veyances, settlements, and improvements whatsoever, as shall at any 
time hereafter be made by, or in the name of the said corporation, 
or any lands, tenements or hereditaments within the said province; 
and shall yearly send and transmit, or cause to be sent or transmitted, 
authentic accounts of such leases, grants, conveyances, settlements and 
improvements respectively, unto the auditor of the plantations for the 
time being, or his deputy, and also to our surveyor for the time being 
of our said province of South-Carolina; to whom we do hereby 
grant full power and authority from time to time, as often as need 
shall require, to inspect and survey, such of the said lands and prem- 
ises, as shall be demised, granted and settled as aforesaid : which said 



Georgia— 17S2 775 

surrey and inspection, we do hereby declare, to be intended to ascer- 
tain the quitrents which shall from time to time become due to us, 
our heirs and successors, according to the reservation herein before 
mentioned, and for no other purposes whatsoever; hereby for us, 
our heirs and successors, strictly enjoining and commanding, that 
neither our or their surveyor, or any person whatsoever, under the 
pretext and colour of making the said survey or inspection, shall 
take, demand or receive, any gratuit}', fee or reward, of or from, any 
person or persons, inhabiting in the said colony, or from the said 
corporation or common council thereof, on the pain of forfeiture 
of the said oflSce or oflSces, and incurring our highest displeasure. 
Provided always, and our further will and pleasure is, that all leases, 
grants and conveyances to be made by or in the name of the said cor- 
poration, of any lands within the said province, or a memorial con- 
taining the substance and effect thereof, shall be registered with the 
auditor of the said plantations, of us, our heirs and successors, within 
the space of one year, to be computed from the date thereof, other- 
wise the same shall be void. 

And our further will and pleasure is, that the rents, issues and all 
other profits, which shall at any time hereafter come to the said cor- 
poration, or the major part of them which shall be present at any 
meeting for that purpose assembled, shall think will most improve 
and enlarge the said colony, and besi answer the good purposes 
herein before mentioned, and for defraying all other charges about 
the same. And our will and pleasure is, that the said corporation 
and their successors, shall from time to time give in to one of the 
principal secretaries of state, and to the commissioners of trade and 
plantations, accounts of the progresses of the said colony. And 
our will and pleasure is that no act done at any meeting of the said 
common council of the said corporation, shall be effectual and valid, 
unless eight members at least of the said common council, including 
the meinber who shall serve as chairman at the said meeting, be 
present, and the major part of them consenting thereunto. And our 
will and pleasure is, that the common council of the said corporation 
for the time being, or the major part of them who shall be present, 
being assembled for that purpose, snail from time to time, for, and dur- 
ing, and unto the full end and expiration of twenty-one years, to com- 
mence from the date of these our letters patent, have full power and 
authority to nominate, make, constitute and commission, ordain and 
appoint, bv such name or names, style or styles, as to them shall seem 
meet and ntting, all and singular such governors, judges, magistrates, 
ministers and officers, civil and military, both by sea and land, within 
the said districts, as shall by them be thought fit and needful to be 
made or used for the said government of the said colony ; sa ve always, 
and except such offices only as shall by us, our heirs and successors, 
be from time to time constituted and appointed, for the managing 
collecting and receiving such revenues, as shall from time to time 
arise within the said province of Georgia, and become due to us, 
our heirs and successors. 

Provided always, and it is our will and pleasure, that every gov- 
ernor of the said province of Georgia, to be appointed by the common 
council of the said corporation, l>efore he shall enter upon or execute 
the said office of governor, shall be approved by us, our heirs or suc- 
cessors, and shall take such oaths, and shall qualify himself in such 



776 Georgia— 1732 

manner, in all respects, as anjr governor or commander in chief of 
any of our colonies or plantations in America, are by law required 
to do ; and shall give good and sufficient security for observing the 
several acts of parliament relating to trade and navigation, and to 
observe and obey all instructions that shall be sent to him by us, our 
heirs and successors, or any acting under our or their authority, pursu- 
ant to the said acts, or any of them. And we do by these presents for 
us, our heirs and successors, will, grant and ordain, that the said cor- 
poration and their successors, shall have full power for and during 
and until the full end and term of twenty-one years, to commence 
from the date of these our letters patent, by any commander or other 
officer or officers, by them for that purpose from time to time ap- 
pointed, to train and instruct, exercise and govern a militia, for the 
special defence and safetv of our said colony, to assemble in martial 
array, the inhabitants of the said colony, and to lead and conduct 
them, and with them to encounter, expulse, repel, resist and pur- 
sue hj force of arms, as well by sea as by land, within or without 
the limits of our said colony; and also to kill, slay and destroy, 
and conquer by all fitting ways, enterprizes and means whatsoever, 
all and every such person or persons as shall at any time hereafter, 
in any hostile manner, attempt or enterprize the destruction, invasion, 
detriment or annoyance of our said colony; andfto use and exercise 
the martial law in time of actual war and invasion or rebellion, in 
;such cases, where by law the same may be used or exercised'; and also 
from time to time to erect forts, and fortify any place or places 
within our said colony, and the same to furnish with all necessary 
ammunition, provisions and stores of war, for offence and defence, and 
to commit from time to time the custody or government of the same, 
to such person or persons as to them shall seem meet: and the said 
forts and fortifications to demolish at their pleasure ; and to take and 
surprize, by all ways and means, all and every such person or persons, 
with their ships, arms, ammunition and other goods, as shall in an 
hostile manner, invade or attempt the invading, conquering or annoy- 
ing of our said colony. And our will and pleasure is, and we do 
hereby, for us, our heirs and successors, declare and grant, that the 
governor and commander in chief of the provinqe of South-Carolina, 
of us, our heirs and successors, for the time being, shall at all times 
hereafter have the chief command of the militia of our said province, 
hereb}^ erected and established; and that such militia shall observe 
and obey all orders and directions, that shall from time to time be 
given or sent to them by the said governor or commander in chief: 
any thing in these presents before contained to the contrary hereof, 
in any wise notwithstanding. And, of our more special grace, cer- 
tain knowledge and mere motion, we have given and granted, and by 
these presents, for usj our heirs and successors, do give and grant 
unto the said corporation and their successors, full power and author- 
ity to import and export their goods, at and from any poi*t or ports that 
shall \)e appointed by us, our heirs and successors, within the said 
province of Georgia, for that purpose, without being obliged to touch 
at any other port in South-Carolina. And we do, hy these presents, 
for us, our heirs and successors, will and declare, that from and after 
the termination of the said term or twenty-one years, such form of 
government and method of making laws, statutes and ordinances, for 



Georgia— 1777 777 

the better governing and ordering the said province of Georgia, and 
the inhabitants thereof, shall be established and observed within the 
same, as we, our heirs and successors, shall hereafter ordain and ap- 
poiii*^ and shall be agreeably to law; and that from and after the 
detenunation of the said term of twenty-one years, the governor of 
our swd province of Georgia, and all officers civil and military, within 
the aame, shall from time to time be nominated and constituted, and 
appekited by us, our heirs and successors. And lastly, we do hereby, 
for ws, our heirs and successors, grant imto the said corporation and 
their successors, that these our letters patent, or the enrolments or 
exemplification thereof, shall be in and by all things good, firm, 
valid, sufficient and effectual in the law, according to the true intent 
and meaning thereof, and shall be taken, construed and adjudged, in 
all courts and elsewhere in the most favorable and beneficial sense, 
and for the best advantage of the said corporation and their suc- 
cessors any omission, imperfection, defect, matter or cause, or thing 
whatsoever to the contrary, in any wise notwithstanding. ^Tn witness, f 
whereof we have caused these our letters to be made patent : witness , 
ourself at Westminster, the ninth day of June, in the fifth year of 
our reign. 

By writ of privy-seal. 

Cooks. 



CONSTITITTION OF GEOEOIA— 1777 * <» 

Whereas the conduct of the legislature of Great Britain for many 
years past has been so oppressive on the people of America that of 
late years they have plainly declared and asserted a right to raise taxes 
upon the people of America, and to make laws to bind them in all cases 
whatsoever, without their consent; which conduct, being repugnant 
to the common rights of mankind, hath obliged the Americans, as 
freemen, to oppose such oppressive measures, and to assert the rights 
and privileges they are entitled to by the laws of nature and reason ; 
and accordingly it hath been done bv the general consent of all the 
people of the States of New Hampshire, Massachusetts Bay, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylvania, the 
counties of New Castle, Kent, and Sussex on Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia, given by 
their representatives met together in general Congress, in the city of 
Philadelphia ; 

And whereas it hath been recommended by the said Congress, on 
the fifteenth of May last, to the respective assemblies and conven- 
tions of the United States, where no government, sufficient to the 
exigencies of their affairs, hath been hitherto established, to adopt 
such government as may, in the opinion of the representatives of 

♦ Verified from ** Watkin's Digest of the Laws of the State of Georgia, Phila- 
delphia; 1800," pp. 7-16. 

« This constitution was framed by a convention which assembled at Savannah 
October 1, 1776, in accordance with the recommendation of the Continental 
Congress that the people of the Colonies should form independent State govern- 
ments. It was unanimously agreed to February 5, 1777. It was not submitted 
to the people. 



778 Georgm—1777 

the people, best conduce to the happiness and safety of their con- 
stituents in particular and America in general ; 

And whereas the independence of the United States of America 
has been also declared, on the fourth day of July, one thousand seven 
hundred and seventy-six, by the said honorable Congress, and all 
political connection between them and the Crown of Great Britain 
IS in consequence thereof dissolved : 

We, therefore, the representatives of the people, from whom all 
power originates, and for whose benefit all government is intended, by 
virtue of the power delegated to us, do ordain and declare, and it is 
hereby ordained and declared, that the following rules and regula- 
tions be adopted for the future government of this State : 

Article I. The legislative, executive, and judiciary departments 
shall be separate and distinct, so that neither exercise the powers 
properly belonging to the other. 

Art. II. The legislature of this State shall be composed of the 
representatives of the people, as is hereinafter pointed out; and the 
representatives shall be elected yearly, and every year, on the first 
Tuesday in December; and the representatives so elected shall meet 
the first Tuesday in January following, at Savannah, or any other 
place or places where the house of assembly for the time being shall 
direct. 

On the first day of the meeting of the representatives so chosen, 
they shall proceea to the choice of a governor, who shall be styled 
" honorable; " and of an executive council, by ballot out of their own 
body, viz : two from each county, except those counties which are not 
yet entitled to send ten members. One of each county shall always 
attend, where the governor resides, by monthly rotation, unless the 
members of each county agree for a longer or shorter period. This 
is not intended to exclude either member attending. Tne remaining 
number of representatives shall be called the house of assembly ; and 
the majority of the members of the said house shall have power to 
proceea on business. 

Art. III. It shall be an unalterable rule that the house of assembly 
shall expire and be at an end, yearly and every year, on the day pre- 
ceding the day of election mentionecl in the foregoing rule. 

Art. IV. The representation shall he divaded in the following 
manner: ten members from each county, as is hereinafter directed, 
except the county of Liberty, which contains three parishes, and that 
shall be allowed fourteen. 

The ceded lands north of Ogechee shall be one county, and known 
by the name of Wilkes. 

The parish of Saint Paul shall be another county, and known by 
the name of Richmond. 

The parish of Saint George shall be another county, and known by 
the name of Burke. 

The parish of Saint Matthew, and the upper part of Saint Philip, 
above Canouchee, shall be another county, and known by the name 
of Effingham. 

The parish of Christ Church, and the lower part of Saint Philip, 
below Canouchee, shall be another county, and known by the name of 
Chatham. 

The parishes of Saint John, Saint Andrew, and Saint James shall 
be another county, and known by the name of Liberty. 



Georgia— 1777 779 

The parishes of Saint David and Saint Patrick shall be another 
county, and known by the name of Glynn. 

The parishes of Saint Thomas and Saint Mary shall be another 
county, and known by the name of Camden. 

The port and town of Savannah shall be allowed four members to 
represent their trade. 

The port and town of Sunbury shall be allowed two members to 
represent their- trade. 

Art. V. The two counties of Glynn and Camden shall have one 
representative each, and also they, and all other counties that may 
hereafter be laid out by the house of assembly, shall be under the 
following regulations, viz : at their first institution each county shall 
have one member, provided the inhabitants of the said county shall 
have ten electors; and if thirty, they shall have two; if forty, three; 
if fifty, four; if eighty, six; if a hundred and upward, ten; at 
which time two executive councillors shall be chosen irom them, as is 
directed for the other counties. 

Art. VI. The representatives shall be chosen out of the residents in 
each county, who shall have resided at least twelve months in this 
State, and three months in the county where they shall be elected; 
except the freeholders of the counties of Glynn and Camden, who are 
in a state of alarm, and who shall have the liberty of choosing one 
member each, as specified in the articles of this constitution, in any 
other county, until they have residents sufficient to qualify them for 
more ; and they shall be of the Protestent religion, and of the age of 
twenty-one years, and shall be possessed in their own right or two 
hundred ana fifty acres of land, or some property to the amount of 
two hundred and fifty pounds. 

Art. VII. The house of assembly shall have power to make such 
laws and regulations as may be conducive to the good order and well- 
being of the State ; provided such laws and regulations be not repug- 
nant to the true intent and meaning of any rule or regulation con- 
tained in this constitution. 

The house of assembly shall also have power to repeal all laws and 
ordinances they find injurious to the people; and the house shall 
choose its own speaker, appoint its own omcers, settle its own rules 
of proceeding, and direct writs of election for supplying inter- 
mediate vacancies, and shall have power of adjournment to any 
time or times within the year. 

Art. VIII. All laws and ordinances shall be three times read, and 
each reading shall be on different and separate days, except in cases 
of great necessity and danger; and all laws and ordinances shall be 
sent to the executive council after the second reading, for their 
perusal and advice. 

Art. IX. All male white inhabitants, of the age of twenty-one 
years, and possessed in his own right of ten pounds value, and liable 
to pay tax in this State, or being of any mechanic trade, and shall 
have been resident six months in this State, shall have a right to 
vote at all elections for representatives, or any other officers, herein 
agreed to be chosen by the people at large ; and every person having 
a right to vote at any election shall vote oy ballot personally. 

Art. X. No officer whatever shall serve any process, or give any 
other hinderances to any person entitled to vote, either in going to the 
place of election, or during the time of the said election, or on their 



780 Georgia— 1777 

returning home from such election ; nor shall any military officer, or 
soldier, appear at any election in a military character, to the intent 
that all elections may be free and open. 

Art. XI. No person shall be entitled to more than one vote, which 
shall be given m the county where such person resides, except as 
before excepted ; nor shall any person who holds any title of nobility 
be entitled to a vote, or be capable of serving as a representative, or 
hold any post of honor, profit, or trust in this State, whilst such 
person claims his title of nobility; but if the person shall give up 
such distinction, in the manner as may be directed by any future legis- 
lation, then, and in such case, he shall be entitled to a vote, and 
represent, as before directed, and enjoy all the other benefits of a 
free citizen. 

Abt. XII. Every person absenting himself from an election, and 
shall neglect to give in his or their ballot at such election, shall be 
subject to a penalty not exceeding five pounds ; the mode of recovery, 
and ako the appropriation thereof, to be pointed out and directed by 
act of the legislature: Provided^ nevertheless^ That a reasonable 
excuse shall be admitted. 

Art. XIII. The manner of electing representatives shall be by bal- 
lot, and shall be taken by two or more justices of the peace in each 
county, who shall provide a convenient box for receiving the said bal- 
lots : and, on closing the poll, the ballots shall be compared in public 
with the list of votes that have been taken, and the majority imme- 
diately declared ; a certificate of the same being given to the persons 
elected, and also a certificate returned to the house of representatives. 

Art. XIV. Every person entitled to vote shall take the following 
oath or affirmation, if required, viz : 

" I, A B, do voluntarily and solemnly swear (or affirm, as the case 
may be) that I do owe true allegiance to this State, and will support 
the constitution thereof ; s6 help me God." 

Art. XV. Any five of the representatives elected, as before directed, 
being met, shall have power to administer the following oath to each 
other; and they, or any other member, being so sworn, shall, in the 
house, administer the oath to all other members that attend, in order 
to qualify them to take their seats, viz : 

" I, A B, do solemnly swear that I will bear true allegiance to the 
State of Georgia, and will truly perform the trusts reposed in me: 
and that I will execute the same to the best of my knowledge, for the 
benefit of this State, and the support of the constitution thereof, and 
that I have obtained my election without fraud or bribe whatever ; so 
help me God." 

Art. XVI. The continental delegates shall be appointed annually by 
ballot, and shall have a right to sit, debate, and vote in the house of 
assembly, and be deemed a part thereof, subject, however, to the regu- 
lations contained in the twelfth article of the Confederation of the 
United States. 

Art. XVII. No person bearing any post of profit under this State, 
or any person bearing any military commission under this or any 
other State or States, except officers of the militia, shall be elected a 
representative. And if any representative shall be appointed to any 
place of profit or military commission, which he shall accept, his seat 
shall immediately become vacant, and he shall be incapable of reelec- 
tion whilst holding such office. 



Georgm—1777 781 

By this article it is not to be understood that the oflBce of a justice 
of the peace is a post of profit. 

Art. XVIII. No person shall hold more than one office of profit 
under this State at one and the same time. 

Akt. XIX. The governor shall, with the advice of the executive 
council, exercise the executive powers of government, according to 
the laws of this State and the constitution thereof, save only in the 
case of pardons and remission of fines, which he shall in no instance 
grant; but he may reprieve a criminal, or suspend a fine, until the 
meeting of the assembly, who may determine therein as they shall 
judge fit. 

Art. XX. The governor, with the advice of the executive council, 
shall have power to call the house of assembly together, upon any 
emergency, before the time which they stand adjourned to. 

Art. XXI. The governor, with the advice of the executive council, 
shall fill up all intermediate vacancies that shall happen in offices till 
the next general election; and all commissions, civil and military, 
shall be issued by the governor, under his hand and the great seal of 
the State. 

Art. XXII. The governor may preside in the executive council at 
all times, except when they are taking into consideration and perusing 
the laws and ordinances offered to them by the house of assembly. 

Art. XXIII. The governor shall be chosen annually by ballot, and 
shall not be eligible to the said office for more than one year out of 
three, nor shall he hold any military commission under any other 
State or States. 

The governor shall reside at such place as the house of assembly for 
the time being shall appoint. 

Art. XXIV. The^overnor's oath : 

" I, A B, elected governor of the State of Georgia, by the repre- 
sentatives thereof, do solemnly promise and swear that I will, during 
the term of my appointment, to the best of my skill and jud^ent, 
execute the said office faithfully and conscientiouslv, according to 
law, without favor, affection, or partiality ; that I will, to the utmost 
of my poweTj support, maintain, and defend the State of Georgia, and 
the constitution of the same ; and use my utmost endeavors to protect 
the people thereof in the secure enjoyment of all their rights, franchises, 
and privileges ; and that the laws and ordinances of the State be duly 
observed, and that law and justice in mercy be executed in all judg- 
ments. And I do further solemnly promise and swear that I will 
peaceably and quietly resign the government to which I have been 
elected at the period to which my continuance in the said office is lim- 
ited by the constitution. And, lastly, I do also solemnly swear that I 
have not accepted of the government whereunto I am elected contrary 
to the articles of this constitution ; so help me God." 

This oath to be administered to him by the speaker of the assembly. 

The same oath to be administered by the speaker to the president of 
the council. 

No person shall be eligible to the office of governor who has not 
residea three years in this State. 

Art. XXV. The executive council shall meet the day after their 
election, and proceed to the choice of a president out of their own body ; 
they shall have power to appoint their own officers and settle their 
own rules of proceedings. 
7251— VOL 1—07 52 



782 Georgia— 1777 

The council shall always vote by counties, and not individually. 

Art. XXVI. Every councillor, being present, shall have power of 
entering his protest against any measures in council he has not con- 
sented to, provided he does it in three days. 

Art. XXVII. During the sitting of the assembly the whole of the 
executive council shall attend, unless prevented by sickness, or some 
other urgent necessity; and, in that case, a majority of the council 
shall make a board to examine the laws and ordinances sent them by 
the house of assembly ; and all laws and ordinances sent to the council 
shall be returned in five days after, with their remarks hereon. 

Art. XXVIII. A committee from the council, sent with any pro- 

?>osed amendments to any law or ordinance, shall deliver their reasons 
or such proposed amendments, sitting and covered ; the whole house 
at that time, except the speaker, uncovered. 

Art. XXIX. The president of the executive council, in the absence 
or sickness of the governor, shall exercise all the powers of the gov- 
ernor. 

Art. XXX. When any affair that requires secrecy shall be laid 
before the governor and the executive council, it shall be the duty of 
the governor, and he is hereby obliged, to administer the following 
oath, viz : 

" I, A B, do solemnly swear that any business that shall be at this 
time communicated to the council I will not, in any manner what- 
ever, either by speaking, writing, or otherwise, reveal the same to any 
person whatever, until leave given by the council, or when called upon 
by the house of assembly ; and all this I swear without any reserva- 
tion whatever ; so help me God." 

And the same oath shall be administered to the secretary and other 
officers necessary to carry the business into execution. 

Art. XXXI. The executive power shall exist till renewed as pointed 
out by the rules of this constitution. 

Art. XXXII. In all transactions between the legislative and execu- 
tive bodies the same shall be communicated by message, to be deliv- 
ered from the legislative body to the governor or executive council by 
a committee, and from the governor to the house of assembly by the 
secretary of the council, and from the executive council by a com- 
mittee of the said council. 

Art. XXXIII. The governor for the time being shall be captain- 
general and commander-in-chief over all the militia, and other mili- 
tary and naval forces belonging to this State. 

Art. XXXIV. All militia commissions shall specify that the per- 
son commissioned shall continue during good behavior. 

Art. XXXV. Every county in this State that has, or hereafter may 
have, two hundred and fifty men, and upwards, liable to bear arms, 
shall be formed into a battalion ; and when they become too numerous 
for one battalion, they shall be formed into more, by bill of the legis- 
lature ; and those counties that have a less number than two hundred 
and fifty shall be formed into independent companies. 

Art. XXXVI. There shall be established in each county a court, 
to be called a superior court, to be held twice in each year. 

On the first Tuesday in March, in the county of Chatham. 

The second Tuesday in March, in the county of Effingham. 

The third Tuesday in March, in the county of Burke, 



Georgia— 1777 783 

The fourth Tuesday in March, in the county of Richmond. 

The next Tuesday, in the county of Wilkes. 

And Tuesday fortnight, in the countv of Liberty. 

The next Tuesday, in the county of (jlynn. 

The next Tuesday, in the county of Camden. 

The like courts to commence in October and continue as above. 

Art. XXXVII. All causes and matters of dispute, between any 
parties residing in the same county, to be tried within the county. 

Art. XXXVIII. All matters in dispute between contending par- 
ties residing in different counties shall be tried in the county where 
the defendant resides, except in cases of real estate, which shall 
be tried in the county where such real estate lies. 

Art. XXXIX. All matters of breach of the peace, felony, murder, 
and treason against the State to be tried in the county where the 
same was committed. All matters of dispute, both civil and criminal, 
in any county where there is not a sufficient number of inhabitants 
to form a court, shall be tried in the next adjacent county where a 
court is held. 

Art. XL. All causes, of what nature soever, shall be tried in the 
supreme court, except as hereafter mentioned ; which court shall con- 
sist of the chief -justice, and three or more of the justices residing in the 
county. In case of the absence of the chief -justice, the senior justice 
on the bench shall act as chief -justice, with the clerk of the county, 
attorney for the State, sheriff, coroner, constable, and the jurors; and 
in case of the absence of any of the aforementioned officers, the jus- 
tices to appoint others in their room pro tempore. And if any 
plaintiff or defendant in civil causes shall be dissatisfied with the 
determination of the jury, then, and in that case, they shall be at 
liberty, within three days, to enter an appeal from that verdict, and 
demand a new trial by a special jury, to be nominated as follows, viz: 
each party, plaintiff and defendant, shall choose six, six more names 
shall be taken indifferently out of a box provided for that purpose, 
the whole eighteen to be summoned, and their names to be put 
together into the box, and the first twelve that are drawn out, being 
present, shall be the special jury to try the cause, and from which 
there shall be no appeal. 

Art. XLI. The jury shall be judges of law, as well as of fact, and 
shall not be allowed to bring in a special verdict ; but if all or any 
of the jury have any doubts concerning points of law, they shall 
apply to the bench, who shall each of them in rotation give their 
opinion. 

Art. XLII. The jury shall be sworn to bring in a verdict accord- 
ing to law, and the opinion they entertain of the evidence ; provided 
it be not repugnant to the rules and regulations contained in this 
constitution. 

Art. XLIII. The special jury shall be sworn to bring in a ver- 
dict according to law, and the opinion they entertain of the evidence; 
provided it be not repugnant to justice, equity, and conscience, and 
the rules and regulations contained in this constitution, of which they 
shall ju<^. 

Art. XLIV. Captures, both by sea and land, to be tried in the 
county where such shall be carried in; a special court to be called 
by the chief -justice, or in his absence by the then senior justice in 



784 Georgia— 1777 

the said county, upon application of the captors or claimants, which 
cause shall be determined within the space of ten days. The mode of 
proceeding and appeal shall be the same as in the superior courts, 
unless, after the second trial, an appeal is made to the Continental 
Congress; and the distance of time bst ween the first and second trial 
shall not exceed fourteen days; and all maritime causes to be tried in 
like manner. 

Art. XLV. No grand jury shall consist of less than eighteen, and 
twelve may find a bill 

Art. XL VI. That the court of conscience be continued as hereto- 
fore practiced, and that the jurisdiction thereof be extended to tr}' 
causes not amounting to more than ten pounds. 

Art. XLVII. All executions exceeding five pounds, except in the 
case of a court-merchant, shall be stayed until the first Monday in 
March ; provided security be given for debt and costs. 

Art. XLVIII. All the costs attending any action in the superior 
court shall not exceed the sum of three pounds, and that no cause be 
allowed to depend in the superior court longer than two terms. 

Art. XLIX. Every officer of the State shall be liable to be called 
to account by the house of assembly. 

Art. L. Every county shall keep the public records belonging to 
the same, and authenticated copies of the several records now in the 
possession of this State shall be made out and deposited in that 
county to which they belong. 

Art. LI. Estates shall not be entailed; and when a person dies 
intestate, his or her estate shall be divided equally among their chil- 
dren; the widow shall have a child's share, or her dower, at her 
option ; all other intestates' estates to be divided according to the act 
of distribution, made in the reign of Charles the Second, unless other- 
wise altered by any future act of the legislature. 

Art. LII. A register of probates shall be appointed by the legis- 
lature in every county, for proving wills and granting letters of 
administration. 

Art. LIII. All civil officers in each county shall be annually elected 
on the day of the general election, except justices of the peace and 
registers of probates, who shall be appointed by the house or assembly. 

Art. LIV. Schools shall be erected in each county, and supported 
at the general expense of the State, as the legislature shall hereafter 
point out. 

Art. LV. A court-house and jail shall be erected at the public 
expense in each county, where the present convention or the future 
legislature shall point out and direct. 

Art. LVI. AU persons whatever shall have the free exercise of 
their religion ; provided it be not repugnant to the peace and safety 
of the State; and shall not, unless by consent, support any teacher or 
teachers except those of their own profession. 

Art. LVIT. The gi^eat seal of this State shall have the following 
device: on one side a scroll, whereon shall be engraved, "The Cop-* 
stitution of the State of Georgia; " and the motto, ''Pro bono mih- 
lico,^^ On the other side, an elegant house, and other buildings, nelds 
of corn, and meadows covered with sheep and cattle; a river running 
through the same, with a ship under full sail, and the motto, " Deus 
nobis hac otia fecit, '^'^ 



Georgia— 1789 785 

Akt. LVIII. No person shall be allowed to plead in the courts of 
law in this State, except those who are authorized so to do by the 
house of assembly; and if any person so authorized shall be found 
guilty of malpractice before the house of assembly, they shall have 
power to suspend them. This is not intended to exclude any person 
from that inherent privilege of every freeman^ the liberty to plead 
his own cause. 

Art. LIX. Excessive fines shall not be levied, nor excessive bail 
demanded. 

Art. LX. The principles of the haheas-corpua act shall be a part of 
this constitution. 

Art. LXI. Freedom of the press and trial by jury to remain invio- 
late forever. 

Art. LXII. No clergyman of any denomination shall be allowed a ( 
seat in the legislature. \ 

Art. LXin. No alteration shall be made in this constitution with- 
out petitions from a majority of the counties, and the petitions from 
each county to be signed by a majority of voters in each county within 
this State; at which time the assembly shall order a convention to 
be called for that purpose, specifying the alterations to be made, 
according to the petitions preierred to the assembly by the majority 
of the counties as aforesaid. 

Done at Savannah, in convention, the fifth day of February, in 
the year of our Lord one thousand seven hundred and seventy-seven, 
and in the first year of the Independence of the United States oi 
America. 



CONSTITUTION OF GEOEGIA— 1789 ° » 

We, the underwritten delegates from the people, in convention met, 
do declare that the following articles shall form the constitution for ' 
the government of this State ; and, by virtue of the powers in us vested 
for that purpose, do hereby ratify and confirm the same. 

Article I 

Section 1. The legislative power shall be vested in two separate 
and distinct branches, to wit, a senate and house of representatives, to 
be styled " The general assembly." 

Sec. 2. The senate shall be elected on the first Monday in October 
in every third year, until such day of election be altered by law ; and 
shall be composed of one member from each county, chosen by the 
electors thereof, and shall continue for the term of three years. 

«This Constitution was framed by a convention whicli assembled at Augusta 
November 4, 1788, and adjourned Noveml)er 24, 1788. The Constitution was 
submitted to a Convention called for the purpose of ratifying or rejecting it, 
which met January 4, 1789. It proposed amendments, which were submitted to 
a convention which met May 4, 1789. and adjourned May 6, 1789. This Conven- 
tion framed amendments but did not submit them to the people. 

ft Verified by " The Constitution of Georgia of 1789," printed in " Digest of 
Laws of the State of Georgia, ♦ ♦ ♦ by Rol>ert and George Watklns, Phila- 
delphia. Printed by R. Aitkin, 1800." pp. 25-31. 



786 Georgia' -1789 

Sec. 3. No person shall be a member of the senate who shall not 
have attained to the age of twenty-eight years, and who shall not have 
been nine years an inhabitant of the United States, and three years a 
citizen of this State; and shall be an inhabitant of that county for 
which he shall be elected, and have resided therein six months imme- 
diately preceding his election, and shall be possessed in his own right 
of two hundred and fifty acres of* land, or some property to the 
amount of two hundred and fifty pounds. 

Sec. 4. The senate shall elect, by ballot, a president out of their own 
body. 

Sec. 5. The senate shall have solely the power to try all impeach- 
ments. 

Sec. 6. The election of members for the house of representatives 
shall be annual, on the first Mondav in October, until such day of 
election be altered by law, and shall be composed of members from 
each county, in the following proportions: Camden, two; Glynn, two; 
Liberty, four; Chatham, five; Effingham, two; Burke, four; Rich- 
mond, four; Wilkes, five; Washington, two; Green, two; and Frank- 
lin, two. 

Sec. 7. No person shall be a member of the house of representatives 
who shall not have attained to the age of twenty -one years, and have 
been seven years a citizen of the United States, and two years ai. 
inhabitant of this State; and shall be an inhabitant of that county for 
which he shall be elected, and have resided therein three months 
immediately preceding his election; and shall be possessed in his own 
right of two hundred acres of land, or other property to the amount 
of one hundred and fifty pounds. 

Sec. 8. The house of representatives shall choose their speaker and 
other officers. 

Sec. 9. They shall have solely the power to impeach all persons who 
have been or may be in office. 

Sec. 10. No person holding a military commission, or office of 
profit, under this or the United States, or either of them, (except jus- 
tices of the peace and officers of the militia,) shall be allowed to take 
his seat as a member of either branch of the general assembly; nor 
shall any senator or representative be elected to any office of profit 
which shall be created during his appointment. 

Sec. 11. The meeting of tne general assembly shall be annual, on 
the first Monday in November, until such day of meeting be altered by 
law. 

Sec. 12. One-third of the members of each branch shall have power 
to proceed to business; but a smaller number mav adjourn from day 
to day, and compel the attendance of their memf)ers m such manner 
as each house mav prescribe. 

Sec. 18. Each house shall be judges of the elections, returns, and 
qualifications of its own members, with powers to expel or punish for 
disorderly behavior. 

Sec. 14. No senator or representative shall be liable to be arrested 
during his attendance on the general assembly, or for a reasonable 
time m going thereto or returning home, except it be for treason 
felony, or breach of the peace; nor shall any member be liable to 
answer for anything spoken in debate in either house, in any court or 
place elsewhere. 



Georgia— 1789 787 

Sec. 15. The members of the senate and house of representatives 
shall take the following oath or affirmation : " I, A B, do solemnly 
swear (or affirm, as the case may be) that I have not obtained my 
election by bribery, or other unlawful means; and that I will give my 
vote on all questions that may come before me, as a senator, (or repre- 
sentative,) m such manner as, in my judgment, will best promote the 
good of this St^ite; and that I will bear true faith and allegiance to 
the same, and to the utmost of my power observe, support, and defend 
the constitution thereof." 

Sec. 16. The general assembly shall have power to make all laws 
and ordinances which they shall deem necessary and proper for the 
good of the State, which shall not be repugnant to this constitution. 

Sec. 17. They shall have power to alter the boundaries of the pres- 
ent counties, and to lay on new ones, as well out of the counties 
already laid off, as out of the other territory belonging to the State. 
When a new county or counties shall be laid off, out of any of the 
present county or counties, such new county or counties shall have 
their representation apportioned out of the number of the representa- 
tives or the county or counties out of which it or they shall be laid 
out; and when any new county shall be laid off in the vacant territory 
l^elonging to the State, such county shall have a number of represen- 
tatives, not exceeding three, to be regulated and determined by the 
general assembly. And no money shall be drawn out of the treasury, 
or from the public funds of this State, except by appropriations made 
by law. 

Sec. 18. No clergyman of any denomination shall be a member of 
the general assembly. 

Article II 

Section 1. The executive power shall be vested in a governor, who 
shall hold his office during the term of two years, and shall be elected 
in the following manner: 

Sec. 2. The nouse of representatives shall, on the second day of 
their making a house, in the first, and in every second year thereafter, 
vote by ballot for three persons ; and shall make a list containing the 
names of the persons voted for, and of the number of votes for each 
person ; which list the speaker shall sign in the presence of the house, 
and deliver it in person to the senate; and the senate shall, on the 
same day, proceed, by ballot, to elect one of the three persons having 
the highest number of votes; and the person having a majority of 
the votes of the senators present shall be the governor. 

Sec. 3. No person shall be eligible to the office of governor who 
shall not have been a citizen of the United States twelve years, and an 
inhabitant of this State six years, and who hath not attained to the 
age of thirty years, and who does not possess five hundred acres of 
land, in his own right, within this State, and other species of prop- 
erty to the amount of one thousand pounds sterling. 

Sec. 4. In case of the death, resignation, or disability of the gover- 
nor, the president of the senate shall exercise the executive powers of 
government until such disability be removed, or until the next meet- 
ing of the general assembly. 

Sec. 5. The governor shall, at stated times, receive for his service 
a compensation which shall neither be increased nor diminished dur- 



788 Georgia— 1789 

ing the period for which he shall be elected ; neither shall he receive, 
within that period, any other emolument from the United States, or 
any of them, or from any foreign power. Before he enters on the* 
execution of his office he snail take the following oath or affirmation : 
" I do solemnly swear (or affirm, as the case may be) that I will faith- 
fully execute the office of governor of the State of Georgia, and will, 
to the best of my abilities, preserve, protect, and defend the said State, 
and cause justice to be executed in mercy therein, according to the 
constitution and laws of the same." 

Sec. 6. He shall be commander-in-chief in and over the State of 
Georgia, and of the militia thereof. 

Sec. 7. He shall have power to grant reprieves for offences against 
the State, except in cases of impeachment, and to grant pardons, in all 
cases after conviction, except for treason or murder, in which cases he 
may respite the execution, and make a report thereof to the next 
general assembly, by whom a pardon may be granted. 

Sec. 8. He shall issue writs of election to fill up all vacancies that 
happen in the senate or house of representatives, and shall have power 
to convene the general assembly on extraordinary occasions, and shall 
give them, from time to time, information of the state of the republic, 
and recommend to their consideration such measures as he may deem 
necessary and expedient. 

Sec. 9. In case of a disagreement between the senate and house of 
representatives, with respect to the time to which the general assem- 
bly shall adjourn, he may adjourn them to such time as he may think 
proper. 

Sec. 10. He shall have the revision of all bills passed by both 
houses, before the same shall become laws; but two-thirds of both 
houses may pass a law, notwithstanding his dissent, and, if any bill 
should not be returned by the governor within five days after it hath 
been presented to him, the same shall be a law, unless the general 
assembly, by their adjournment, shall prevent its return. 

Sec. 11. The great seal of the State shall be deposited in the office 
of the secretary, and it shall not be affixed to any instrument of writ- 
ing without it be by order of the governor or general assembly; and 
the general assembly may direct the great seal to be altered. 

Article III 

Section 1. A superior court shall be held in each county twice in 
every year; in which shall be tried, and brought to final decision, all 
causes, civil and criminal, except such as may be subject to a Federal 
court, and such as may, by law, be referred to inferior jurisdiction. 

Sec. 2. The general assembly shall point out the mode of correcting 
errors and appeals, which shall extend so far as to empower the 
judges to direct a new trial by jury within the county where the 
action originated, and which shall be final. 

Sec. 3. Courts-merchant shall be held as heretofore, subject to such 
regulations as the general assembly may by law direct. 

Sec. 4. All causes shall be tried in the countv where the defendant 
resides except in cases of real estate, which shall be tried in the county 
where such estate lies, and in criminal cases, which shall be triei 
in the countv where the crime shall be committed. 



Georgia— 1789 789 

Sec. 5. The judges of the superior court and attorney-general shall 
have a competent salary established by law, which shall not be 
increased nor diminished during their continuance in ofBce, and shall 
hold their commission during the term of three years. 

Akticle IV 

Section 1. The electors of the members of both branches of the 
general assembly shall be citizens and inhabitants of this State, and 
shall have attained to the age of twenty-one yeai*s, and have paid tax 
for the year preceding the election, and shall have resided six months 
within the county. 

Sec. 2. All elections shall be by ballot, and the house of representa- 
tives, in all appointments of State officers, shall vote for three per- 
sons; and a list of the three persons having the highest number of 
votes shall be signed by the speaker, and sent to the senate, which 
shall from such list determine, oy a majority of their votes, the officer 
elected, except militia officers and the secretaries of the governor, who 
shall be appointed by the governor alone, under such regulations and 
restrictions as the general assembly may prescribe. The general 
assembly may vest tne appointment of inferior officers in the gov- 
ernor, the courts of justice, or in such other manner as they may by 
law establish. 

Sec. 3. Freedom of the press and trial by jury shall remain invio- 
late. 

Sec. 4. All persons shall be entitled to the benefit of the writ of 
haheas,coTp\i8. 

Sec. 5. All persons shall have the free exercise of religion, without 
bein^ obliged to contribute to the support of any religious profession 
but their own. 

Sec. 6. Estates shall not be entailed ; and when a person dies intes- 
tate, leaving a wife and children, the wife shall have a child's share, 
or her dower, at her option; if there be no wife, the estate shall be 
equally divided among the children and their legal representatives 
oi the jBrst degree. The distribution of all other intestate estates may 
be regulated by law. 

Sec. 7. At the general election for members of assembly, in the year 
one thousand seven hundred and ninety-four, the electors in each 
county shall elect three persons to represent them in a convention, for 
the purpose of taking into consideration the alterations necessary to 
be made in this constitution, who shall meet at such time and place 
as the general assembly may appoint; and if two-thirds of the whole 
number shall meet and concur, they shall proceed to agree on such 
alterations and amendments as they may think proper: Promded. 
That after two-thirds shall have -concurred to proceed to alterations 
and amendments, a majority shall determine on the particulars of 
such alterations and amendments. 

Sec. 8. This constitution shall take effect, and be in full force, on 
the first Monday in October next, after the adoption of the same; 
and the executive shall be authorized to alter the time for the sitting 
of the superior courts, so that the same may not interfere with the 
annual elections in the respective counties, or the meeting of the first 
general assembly. 



790 Georgia— 1795 

Done at Augusta, in convention, the sixth day of May, in the year 
of our Lord one thousand seven hundred and eighty-nine and in the 
year of the Sovereignty and Independence of the United States the 
thirteenth. 

Wm. Gibbons, President. 

D. LoNGSTREET, Secretary, 



AHENDMENTS TO THE CONSTITVTION OF 1789 <> 

(Adopted May 16, 1795) 

Article I. The senate shall be elected annually on the first Monday 
in November until such day of election be altered by law ; and shall 
be composed of one men^ber from each county, to he chosen by the 
electors thereof. 

Art. II. All elections to be made by the general assembly, shall be 
by joint ballot of the senate and house of representatives. 

Art. III. The election of members for the house of representatives 
shall be annual on the first Monday in November; and shall be com- 
posed of members from each county in the following proportions: 
Camden, two; Glynn, two; Liberty, four; Mcintosh, two; Bryan, 
two; Chatham, four; Effingham, two; Scriven, two; Montgomery, 
two; Burke, three; Richmond, two; Columbia, two; Wilkes, three ; 
Elbert, two; Franklin, two; Oglethorpe, three; Green, three; Han- 
cock, three; Washington, three ; Warren, three. 

Art. IV. At the general election for members of assembly in the 
year 1797, the electors of the present counties shall elect three persons 
to represent them in a convention for the purpose of taking into 
consideration the further alterations and amendments necessary to be 
made in the constitution, who shall m^t at the town of Louisville 
the second Tuesday in May thereafter; a majority of the said con- 
vention shall have power to proceed to, and agree on, such altera- 
tions and amendments as thev may think proper. 

Art. V. The meeting of the general assembly shall be annual on 
the second Tuesday in January; a majority of whom shall have 
power to proceed to business. 

Art. VI. That Louisville be the permanent seat of government; 
and that the governor, secretary of the State, the treasurer, the 
auditor, and the surveyor-general, remove their offices thereto, as 
soon as may be convenient, previously to the next meeting of the 
general assembly. 

Art. VII. Article of constituted rights annexed to the constitution 
as amended. 

Art. VIII. All powers not delegated by the constitution as 
amended, are retained by the people. 

« These amendments were framed by a convention which met at LouiSTllle In 
the spring of 1795 and completed its labors May 16, 1795. The amendments 
were not submitted to the people, but tool« effect on the first Monday of the 
following October. 



Georgia— 1798 791 



CONSTrrtTTION OF OEOBGIA— ITSS*** 

The eoDStitution of the State of Georgia, as revised, amended, and compiled by 
the convention of the State, at Louisville, on the 30th day of May, 1798 

Article I 

Section 1. The legislative, executive, and judiciary departments of 
government shall be distinct, and each department shall be confided 
lo a separate body of magistracy ; and no person or collection of per- 
sons, being of one of these departments, shall exercise anj power 
proj>erly attached to either of the others, except in the instances 
herein expressly permitted. 

Sec. 2. The legislative power shall be vested in two separate and 
distinct branches, to wit: A senate and house of representatives, to 
be styled " The general assembly." 

Sec. 3. The senate shall be elected annually, on the first Mondav 
in November, until such day of election be altered by law ; and shall 
be comiK)sed of one member from each county, to be chosen by the 
electors thereof. 

Sec. 4. No person shall be a senator who shall not have attained to 
the age of twenty-five years, and have been nine years a citizen of the 
United States, and three jears an inhabitant of this State, and shall 
have usually resided withm the county for which he shall be returned, 
at least one year immediately preceding his election, (except persons 
who may have been absent on public business of this State or of the 
United States,) and is and shall have been possessed, in his own 
right, of a settled freehold estate of the value of five hundred dollars, 
or taxable property to the amount of one thousand dollars, within 
the county, for one year preceding his election, and whose estate 
shall, on a reasonable estimation, be fully competent to the discharge 
of his just debts over and above that sum. 

Sec. 5. The senate shall elect, by ballot, a president of their own 
body. 

Sec. 6. The senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or affir- 
mation ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. Judgment in cases of impeach- 
ment shall not extend further than removal from office and disquali- 
fication to hold and enjoy any office of honor, trust, or profit within 
this State; but the party convicted shall, nevertheless, be subject to 
indictment, trial, judgment, and punishment according to law. 

Sec. 7. The house of representatives shall be composed of members 
from all the counties which now are, or hereafter may be, included 
within this State, according to their respective numbers of free white 
persons, and including three-fifths of all the people of color. The 
actual enumeration shall be made within two years, and within every 

* Verified bv " Watlcins' Digest of the Laws of Georgia, Philadelphia, 1800," 
pp. 31^3. 

« This constitution was framed by a convention which met at Louisville May 
8, 1798. It was signed May 30, 1798, and went into effect on the first Monday 
of October of that year, without having been submitted to the people. 



792 Georgia— 1798 

subsequent term of seven years thereafter, at such time and in sucli 
manner as this convention may direct. Each county containing three 
thousand persons, agreeably to the foregoing plan of enumeration, 
shall be entitled to two members; seven thousand, to three members: 
and twelve thousand, to four members; but each county shall have at 
least one and not more than four members. The representatives shall 
l3e chosen annually, on the first Monday in November, until such day 
of election be altered by law. Until the aforesaid enumeration shall 
be made, the several counties shall be entitled to-the following num- 
ber of representatives, respectively: Camden, two; Glynn, two; Lib- 
erty, three; M'Intosh, two; Bryan, one; Chatham, four; Effingham, 
two; Scriven, two; Montgomery, two; Burke, three; Bullock, one; 
Jefferson, three; Lincoln, two; Elbert, three; Jackson, two; Rich- 
mond, three, Wilkes, four; Columbia, three; Warren, three; Wash- 
ington, three; Hancock, four; Greene, three; Oglethorpe, three; and 
Franklin, two. 

Sec. 8. No person shall be a representative who shall not have 
attained to the age of twenty-one years, and have been seven j^ears a 
citizen of the United States, three years an inhabitant of this State, 
and have usually resided in the county in which he shall be chosen 
one year immediately preceding his election, (unless he shall have 
l>een absent on public business of this State or of the United States,) 
and shall be possessed in his own right of a settled freehold estate of 
the value of two hundred and fifty dollars, or of taxable property to 
the amount of five hundred dollars within the county, for one j'ear 
preceding his election, and whose estate shall, on a reasonable estima- 
tion, be competent to the discharge of his just debts, over and above 
that sum. 

Sec. 9. The house of representatives shall choose their speaker and 
other officers. 

Sec. 10. They shall have solely the power to impeach all persons 
who have been or may be in office. 

Sec. 11. No person holding any military commission or other ap- 
pointment, having any emolument annexed thereto, under this State 
or the United States, or either of them, except justices of the inferior 
court, justices of the peace, and officers of the militia, nor any person 
who has had charge of public moneys belongino^ to the State, unac- 
counted for and unpaid, or who has not ph'm all legal taxes or con- 
tributions to the government required or him, shall have a seat in 
either branch of the general assembly ; nor shall any senator or repre- 
sentative be elected to any office or appointment by the legislature, 
having any emoluments or compensation annexed thereto, during the 
time for which he shall have been elected, with the above exception. 
unless he shall decline accepting his seat, by notice to the executive 
within tw^enty days after he shall have been elected; nor shall any 
member, after having taken his seat, be eligible to any of the afore- 
said offices or appointments during the time for which he shall have 
been elected. 

Sec. 12. The meeting of the general assembly .shall be annually, on 
the second Tuesday in January, until such day of meeting be altered 
by law ; a majority of each branch shall be authorized to proceed to 
business; but a smaller number may adjourn from day to day, and 
compel the attendance of their members in such manner as each house 
may prescribe. 



Georgia— 1798 793 

Sec. 13. Each house shall be the judges of the elections, returns, 
«nd qualifications of its own members; with powers to expel or pun- 
ish, by censuring, fining, and imprisoning, or either, for disorderly 
behavior; and may expel any person convicted of any felonious or 
infamous offence; each house may punish by imprisonment^ during 
session, any person, not a member, who shall be guilty of disrespect 
by any disorderly or contemptuous behavior in its presence, or who, 
during session, shall- threaten harm to the body or estate of any mem- 
ber, for anything said or done in either house, or who shall assault or 
arrest any witness in going to or returning therefrom, or who shall 
rescue any person arrested oy order of either house. 

Sec. 14. No senator or representative shall l>e liable to be arrested 
during his attendance on the general assemblv, or for ten days previ- 
ous to its sitting, or for ten days after the rising thereof, except for 
treason, felony, or breach of the peace; nor shall any member be liable 
to answer for anything spoken in debate in either house, in any court 
or place elsewhere; but shall nevertheless be bound to answer for 
perjury, bribery, or corruption. 

Sec. 15. Each house shall keep a journal of its proceedings, and 
publish them immediately after their adjournment; and the yeas and 
nays of the members on any question shall, at the desire of any two 
members, be entered on the journals. 

Sec. 16. All bills for raising revenue or appropriating moneys shall 
originate in the house of representatives, but the senate shall propose 
or concur with amendments, as in other bills. 

Sec. 17. Every bill shall be read three times and on three separate 
days, in each branch of the general assembly, before it shall pass, 
unless in cases of actual invasion or insurrection; nor shall any law 
CTT ordinance pass, containing any matter different from what is ex- 
pressed in the title thereof; and all acts shall be signed by the presi- 
dent in the senate, and speaker in the house of representatives. No 
bill or ordinance which shall have been rejected by either house shall 
l>e brought in again during the session, under the same or any other 
title, without the consent of two-thirds of each branch. 

Sec. 18. Each senator and representative, before he be permitted to 
take his seat, shall take an oath, or make affirmation, that he hath 
not practised any unlawful means, either directly or indirectly, to 
procure his election ; and every person shall be disqualified from serv- 
ing as a senator or representative, for the term for which he shall 
have been elected, who shall be convicted of having given or offered 
any bribe or treat, or canvassed for such election; and every candi- 
date employing like means, and not elected, shall, on conviction, be 
ineligible to hold a seat in either house, or to hold any office of honor 
or profit for the term of one year, and to such other disabilities or 
penalties as may be prescribed by law. 

Sec. 19. Every member of the senate or house of representatives 
«^hall, before he takes his seat, take the following oath or affirmation, 
to wit: " I, A B, do solemnly swear (or affirm, as the case may be) 
that I have not obtained my election by bribery, treats, canvassing, 
or other undue or unlawful means, used by myself, or others by my 
desire or approbation, for that purpose; that I consider myself con- 
stitutionally qualified as a senator, (or representative,) and that, on 
all questions and measures which may come before me, I will give 
my vote and so conduct myself as may, in my judgment, appear most 



794 Georgia— 1798 

conductive to the interest and prosperity of this State; and that I 
will bear true faith and allegiance to the same ; and to the utmost of 
my power and ability observe, conform to, support, and defend the 
constitution thereof." 

Sec. 20. No person who hath been or may be convicted of felony 
before any court of this State, or any of the United States, shall be 
eligible to any office or appointment of honor, profit, or trust within 
this State. 

Sec. 21. Neither house, during the session of the general assembly, 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that at which the two branches shall 
be sitting; and in case of disagreement between the senate and house 
of representatives, with respect to their adjournment, the governor 
may adjourn them. 

Sec. 22. The general assembly shall have power to make all laws 
and ordinances which they shall deem necessary and proper for the 
good of the State, which shall not be repugnant to this constitution. 

Sec. 23. They shall have power to alter the boundaries of the pres- 
ent counties, and to lay off new ones, as well out of the counties 
already laid off as out of the other territory belonging to the State; 
but the property of the soil, in a free government, bemg one of the 
essential rights of a free people, it is necessary, in order to avoid dis- 
putes, that the limits of this State should be ascertained with preci- 
sion and exactness; and this convention, composed of the immediate 
representatives of the people, chosen by them to assert their rights, 
to revise the powers given by them to the government, and from 
whose will all ruling authority of right flows, doth assert and declare 
the boundaries of this State shall be as follows, that is to say: 
The limits, boundaries, jurisdictions, and authority of the State of 
Georgia do, and did, and of right ought to, extend from the sea or 
mouth of the river Savannah, along the northern branch or stream 
thereof, to the fork or confluence of the rivers now called Tugalo and 
Keowee, and from thence along the most northern branch or stream 
of the said river Tugalo, till it intersect the northern boundary-line 
of South Carolina, if the said branch or stream of Tugalo extends so 
far north, reserving all the islands in the said rivers Savannah and 
Tugalo to Georgia ; but, if the head spring or source of anv branch 
or stream of the said river Tugalo does not extend to the north bound- 
ary-line of South Carolina, then a west line to the Mississippi, to be 
drawn from the head spring or source of the said branch or stream 
of Tugalo River, which extends to the highest northern latitude: 
thence, down the middle of the said river Mississippi, until it shall 
intersect the northernmost part of the thirty-first degree of north lati- 
tude ; south, by a line drawn due east from the termination of the line 
last mentioned, in the latitude of thirty-one degrees north of the 
equator, to the middle of the river Apalachicola, or Chatahoochee; 
thence, along the middle thereof, to its junction with Flint River; 
thence straight to the head of Saint Mary's River; and thence, along 
the middle of Saint Mary's River, to the Atlantic Ocean, and from 
thence to the mouth or inlet of Savannah River, the place of be^n- 
ning; including and comprehending all the lands and waters within 
the said limits, boundaries, and jurisdictional rights; and also all the 
islands within twenty leagues of the sea-coast. And this conventicm 



Georgia— 1798 795 

doth further declare and assert that all the territory without the pres- 
ent temporary line, and within the limits aforesaid, is now, of right, 
the property of the free citizens of this State, and held by them in 
sovereignty, inalienable but by their consent: Provided^ nevertheless^ 
That nothing herein contained shall be construed so as to prevent a 
sale to, or contract with, the United States, by the legislature of this 
State, of and for all or any part of the western territory of this State 
lying westward of the river Chatahoochee, on such terms as may be 
lieneficial to both parties ; and may procure an extension of settlement 
and extinguishment of Indian claims in and to the vacant territory 
of this State to the east and north of the said river Chatahoochee, to 
which territory such power of contract or sale, by the legislature, shall 
not extend: And provided also^ The legislature may give its consent 
to the establishment of one or more governments westward thereof; 
but monopolies of land by individuals being contrary to the spirit of 
our free government, no sale of territory of this State, or any part 
thereof, shall take place to individuals or private companies, unless a 
county or counties shall have been first laid off, including such terri- 
tory, and the Indian rights shall have been extinguished thereto. 

Sec. 24. The foregoing section of this article having declared the 
common rights of the free citizens of this State in and to all the terri- 
tory without the present temporary boundary-line, and within the 
limits of this State thereby defined, by which the contemplated pur- 
chases of certain companies of a considerable portion thereof are 
become constitutionally void, and justice and good faith require that 
the State should not detain a consideration for a contract which has 
failed, the legislature, at their next session, shall make provision by 
law for returning to any person or persons who has or have honu fide 
deposited moneys for such purposes in the treasury of this State: 
Provided^ That the same shall not have been drawn therefrom in 
terms of the act passed the thirteenth day of February, one thousand 
seven hundred and ninety-six, commonly called the rescinding act, or 
the appropriation laws of the years one thousand seven hundred and 
ninety-six and one thousand seven hundred and ninety-seven; nor 
shall the moneys paid for such purchases ever be deemed a part of the 
funds of this State, or be liable to appropriation as such ; but until 
such moneys be drawn from the treasury, they shall be considered 
altogether at the risk of the persons who have deposited the same. 
Xo money shall be drawn out of the treasury or from the public funds 
of this ^tate, except by appropriation made by law ; and a regular 
statement and account of the receipts and expenditures of all public 
moneys shall be published from time to time. No vote, resolution, 
law, or order shall pass the general assembly granting a donation or 
gratuity in favor of any person whatever but by the concurrence of 
t^jvo-thirds of the general assembly. 

Sec. 25. It shallbe the duty of the justices of the inferior court, or 
any three of them, in each county respectively, within sixty days 
after the adjournment of this convention, to appoint one or more fit 
persons in each county, not exceeding one for each battalion district, 
-whose duty it shall be to take a full and accurate census or enumera- 
tion of all free white persons and people of color residing therein, 
distinguishing, in separate columns, the free white persons from per- 
sons of color, and return the same to the clerks of the superior courts 



796 Georgia— 1798 

of the several counties, certified under their hands, on or before the- 
first day of December next; the person so appointed being first sev- 
erally sworn before the said justices, or either of them, dulv and faith- 
full v to perform the trust reposed in them ; and it shall Tbe the duty 
of the said clerks to transmit all such returns, under seal, directed to 
the speaker of the house of representatives, at the first session of the 
legislature thereafter. And it shall be the duty of the general assem- 
bly, at their said first session, to apportion the members of the house of 
representatives among the several counties, agreeably to the plans pre- 
scribed by this constitution, and to provide an adequate compensation 
abode shall be in any family on the first Monday in July next shall 
be returned as of such family; and every person occasionally absent 
at the time of taking the enumeration, as belonging to that place in 
which he usually resides. The general assembly shall, by law, direct 
the manner of taking such census or enumeration, within every sub- 
se(juent term of seven years, in conformity to this constitution. And 
it is declared to be the duty of all officers, civil and military, through- 
out the State, to be aiding and assisting in the true and faithful exe- 
cution thereof. In case the justices of the inferior courts should fail 
to make such appointments, or if there should not be a sufficient num- 
ber of such justices in any county, then the justices of the peace, or 
any three of them, shall have and exercise like powers and authority 
respecting the said census; and if the census or enumeration of any 
county shall not be so taken and returned, then, and in that case, the 
general assembly shall apportion the representation of such county 
according to the best evidence in their power, relative to its popu- 
lation. 

Seg. 2G. The Legislature shall have no power to change names, nor 
to Legitimate persons, nor to make or change Precincts, nor to estab- 
lish Bridges or Ferries, but shall, by law, prescribe the manner in 
which said powers shall be exercised by the Superior or Inferior 
courts, and the privileges to be enjoyed. 

Article II 

Section 1. The executive power shall be vested in a governor, wno 
shall hold his office during the term of two years, and until such time 
as a succovssor shall be chosen and qualified. He shall have a compe- 
tent salarv, established by law, which shall not be increased or dimin- 
ished during the period for which he shall have been elected; neither 
shall he receive, within that period, any other emolument from the 
United States, or either of them, or from any foreign power. 

Sec. 2. The governor shall be elected by the general assembly, at 
their second annual session after the rising of this convention," and 
at every second annual session thereafter, on the second day after the 
two houses shall be organized and competent to proceed to business. 

Sec. 3. No person shall be eligible to the office of governor who shall 
not have been a citizen of the United States twelve years, and an 
inhabitant of this State six years, and who hath not attained to the 
age of thirty years, and who does not possess five hundred acres of 
land, in his own right, within this State, and other property to the 



Georgia— 1798 797 

amount of four thousand dollars, and whose estate shall not, on a rea- 
sonable estimation, be competent to the discharge of his debts, over 
and above that sum. 

Sec. 4. In case of the death, resignation, or disability of the gover- 
nor, the president of the senate sh^l exercise the executive powers of 
^vemment until such disability be removed, or until the next meet- 
ing of the general assembly. 

Sec. 5. The governor shall, before he enters on the duties of his 
office, take the following oath or affirmation : " I do solemnly swear 
(or affirm, as the case may be) that I will faithfully execute the gffice 
of governor of the State of Georgia; and will, to the best of my 
abilities, preserve, protect, and defend the said State, and cause jus- 
tice to be executed in mercy therein, according to the constitution and 
laws thereof." 

Sec. 6. He shall be commander-in-chief of the army and navy of 
this State, and of the militia thereof. 

Sec. 7. He shall have power to grant reprieves for offences against 
the State, except in cases of impeachment, and to grant pardons or to 
remit any part of a sentence, in all cases after conviction, except for 
treason or murder, in which cases he may respite the execution, and 
make report thereof to the next general assembly, by whom a pardon 
mav be granted. 

^Ec. 8. He shall issue writs of election to fill up all vacancies that 
happen in the senate or house of representatives; and shall have 
power to convene the general assemblj^ on extraordinary occasions; 
and shall give them, from time to time, information of the state of the 
republic, and recommend to their consideration such measures as he 
may deem necessarj^ and expedient. 

Sec. 9. When any office shall become vacant by death, resignation, 
or otherwise, the governor shall have the power to fill such vacancy ; 
and persons so appointed shall continue in office until a successor is 
appointed^ agreeable to the mode pointed out by this constitution or 
by the legislature. 

Sec. 10. He shall have the revision of all bills passed by both 
houses before the same shall l>ecome laws; but two-thirds of both 
houses may pass a law notwithstanding his dissent; and if any bill 
should not be returned by the governor within five days after it hath 
been presented to him, the same shall be a law, unless the general 
assemoly, by their adjournment, shall prevent its return. 

Sec. 11. Every vote, resolution, or order, to which the concurrence 
of both houses may be necessary, except on a question of adjourn- 
ment, shall be presented to the governor; and, before it shall take 
effect, be approved by him; or, being disapproved, may be repassed 
by two-thirds of both houses, according to the rules and limitations 
prescribed in case of a bill. 

Sec. 12. There shall be a secretary of the State, a treasurer, and a 
surveyor-general, appointed in the same manner and at the same 
session of the legislature, and they shall hold their offices for the like 
period as the governor, and shall have a competent salary, includ- 
ing such emoluments as may be established by law, which shall not be 
increased or diminished during the period for which they shall have 
been elected. 

7251— VOL 1—07 53 



798 Georgia— 1798 

Sec. 13. The great seal of the State shall be deposited in the office 
of the secretary of state, and shall not be affixed to any instrument 
of writing but by order of the governor or general assembly ; and the 
general assembly shall, at their first session after the rising of this 
convention, cause the great seal to be altered by law. 

Sec. 14. The governor shall have power to appoint his own sec- 
retaries. 

Article III 

Section 1. The judicial powers of this State shall be vested in a 
superior court, and in such inferior jurisdictions as the legislature 
shall, from time to time, ordain and establish. The judges of the 
superior court shall be elected for the term of three years, removable 
by the governor, on the address of two-thirds of both houses for that 
purpose, or by impeachment and conviction thereon. The superior 
court shall have exclusive and final jurisdiction in all criminal cases 
which shall be tried in the county wherein the crime was committed, 
and in all cases respecting titles to land, which shall be tried in the 
countv where the land lies; and shall have power to correct errors 
in inferior judicatories by writs of certiorari^ as well as errors in the 
superior courts, and to order new trials on proper and legal grounds: 
Provided^ That such new trials shall be determined, and such errors 
corrected, in the superior court of the county in which such action 
originated. And the said court shall also have appellate jurisdiction 
in such other cases as the legislature may by law direct, which shall 
in no case tend to remove the cause from the county in which the 
action originated; and the judges thereof, in all cases of applica- 
tion for new trials, or correction of errors, shall enter their opinions 
on the minutes of the court. The inferior courts shall have cog- 
nizance of all other civil cases, which shall be tried in the county 
wherein the defendant resides, except in easels of joint obligors, resid- 
ing in different counties, which may be commenced in either county, 
and a copy of the petition and process, served on the party or parties 
residing out of the county in which the suit may be commenced, shall 
be deemed sufficient service, under such rules and regulations as the 
legislature may direct ; but the legislature may, by law, to which two- 
thirds of each branch shall concur, give concurrent jurisdiction to the 
superior courts. The superior and inferior courts shall sit in each 
county twice in every year, at such stated times as the legislature 
shall appoint. 

Sec. 2. The judges shall have salaries adequate to their services, 
established by law, which shall not be increased or diminished during 
their continuance in office; but shall not receive any other perquisite^ 
or emoluments whatever, from parties or others, on account of any 
duty required of them. 

Sec. 3. There shall be a State's attorney and solicitors appointed 
by the legislature, and commissioned by the governor, who shall nold 
their offices for the term of three years, unless removed by sentence on 
impeachment, or by the governor on the address of two-thirds of each 
branch of the general assembly. They shall have salaries adequate 
to their services established by law, which shall not be increased or 
diminished during their continuance in office. 

Sec. 4. Justices of the inferior courts shall be appointed by the 
general assembly, and l)e commissioned by the governor, and shall 



Georgia~1798 799 

hold their commissions during good behavior, or as long as they 
respectively reside in the county for which they shall be appointed, 
unless removed by sentence on impeachment, or by the governor on 
the address of two-thirds of each branch of the general assembly. 
They may be compensated for their services in such manner as the 
legislature may by law direct. ' 

Sec. 5. The justices of the peace shall be nominated by the inferior 
courts of the several counties, and commissioned by the governor; 
and there shall be two justices of the peace in each captain^ district, 
either or both of whom shall have power to try all cases of a civil 
nature within their district, where the debt or litigated demand does 
not exceed thirty dollars, in such manner as the legislature may by 
law direct. They shall hold their appointments during good l>e- 
havior, or until they shall be removed by conviction on indictment in 
the superior court, foi* malpractice in office, or for any felonious or 
infamous crime, or by the governor on the address of two-thirds of 
each branch of the legislature. 

Sec. 6. The powers of a court of ordinary, or register of probates, 
shall be invested in the inferior courts of each county, from whose 
decision there may be an appeal to the superior court, under such 
restrictions and . regulations as the general assembly may by law 
direct ; but the inferior court shall have power to vest the care of the 
records, and other proceedings therein, in the clerk, or such other per- 
son as they may appoint, and any one or more justices of the said 
court, with such clerk or other person, may issue citations and grant 
temporary letters, in time of vacation, to hold until the next meeting 
of the said court ; and such clerk or other person may grant marriage- 
licenses. 

Sec. 7. The judges of the superior courts, or any one of them, shall 
have power to issue writs of mandamus^ prohibition, scire facias^ and 
all otner writs which may be necessary for carrying their powers 
fully into effect. 

Sec. 8. Within five years after the adoption of this constitution, the 
body of our laws, civil and criminal, shall be revised, digested, and 
arranged under proper heads, and promulgated in such manner as 
the legislature may direct; and no person shall be debarred from 
advocating or defending his cause before any court or tribunal, either 
by himself or counsel, or both. 

Sec. 9. Divorces shall not be granted by the legislature until the 
parties shall have had a fair trial before the superior court, and a 
verdict shall have been obtained authorizing a divorce upon legal 

{)rinciples. And in such cases two-thirds of each branch of the legis- 
ature may pass acts of divorce accordingly. 

Sec. 10. The clerks of the superior and inferior courts shall be 
appointed in such manner as the legislature may by law direct ; shall 
l>e commissioned by the governor, and shall continue in office during 
good behavior. 

Sec. 11. Sheriffs shall be appointed in such manner as the general 
assembly may by law direct, and shall hold their appointments for 
the term of two years, unless sooner removed by sentence on impeach- 
ment, or by the governor on the address of two-thirds of the justices 
of the inferior court and of the peace in the county ; but no person 
shall be twice elected sheriff within any term of four years; and no 
county officer after the next election shall be chosen at the time of 
electing a senator or representative. 



800 Georgia— 1798 

Article IV 

Section 1. The electors of ineiiibers of the general assembly shall 
be citizens and inhabitants of this State, and shall have attained the 
age of twenty-one years, and have paid all taxes which may have been 
required of them, and which they may have had an opportunity of 
paying, agreeably to law, for the year preceding the election, and 
shall have resided six months w^ithin the comity: Frorided^ That in 
case of an invasion, and the inhabitants shall be driven from any 
county, so as to prevent an election therein, such refugee inhabitants, 
being a majority of the voters of such county, may meet under the 
direction or any three justices of the peace thereof, in the nearest 
county not in a state or alarm, and proceed to an election, witliout 
having paid such tax so renuired of electors; and the persons elected 
thereat shall l)e entitled to their seats. ' 

Sec. 2. All elections by the general assembly shall be by joint ballot 
of both branches of the legislature; and Tvhen the senate and house 
of representatives unite for the purpose of electing, they shall meet 
in the representative chamber, and the president of the senate shall 
in such cases preside, receive the ballots, and declare the i>erson or 
persons elected. In all elections by the people the electors shall vote 
rlra rare until the legislature shall otherwise direct. 

Sec. 3. The general officers of the militia shall be elected by the 
general assembly, and shall be commissioned by the governor. ^Vll 
other officers oi the militia shall be elected in such manner as the 
legislature may direct, and shall be commissioned by the governor; 
and all militia officers now in commission, and those which may be 
hereafter commissioned, shall hold their commissions during their 
usual residence within the division, brigade, regiment, battalion, or 
company to which they belong, unless remov^ed by sentence of a 
court-martial, or by the governor, on the address of two-thirds of 
each branch of the general assembly. 

Sec. 4. All persons appointed by the legislature to fill vacancies 
shall continue in office only so long as to complete the time for which 
their predecessors were appointed. 

Se(\ 5. Freedom of the press, and trial by jury, as heretofoi'e used 
in this State, shall remain inviolate; and no cc post facto law shall 
be passed. 

Sec. (). Xo person who heretofore hath been, or hereafter may be, 
a collector, or holder of public moneys, shall be eligible to anv office 
in this State until such [)ers(m shall have acounted for and paid into 
the treasury all sums for which he may be accountable or liable. 

Sec. 7. The person of a debtoi', where there is not a strong pre- 
sumption of fraud, shall not be detained in prison after delivering up, 
/)on(i p'de, all his estate, real and personal, for the use of his creditors, 
in such manner as shall be hereafter regulated by law\ 

Sec. 8. Convictions on impeachments which have heretofore taken 
place are hereby released, and persons lying under such convictions 
restored to citizenship. 

Sec. 9. The writ of habeas corpus shall not be suspended, unless 
when in case of rel>ellion or invasion the public safety may require it. 

Sec. 10. No person within this State shall, upon any pretence, be 



Georgia— 1798 _ 801 

deprived of the inestimable privilege of worshipping God in a man- 
ner agreeable to his own conscience, nor be compelled to attend any 
place of worship contrary to his own faith and judgment; nor shall 
he ever be obli^d to pay tiths, taxes, or any other rate, for the 
building or repairing any place of worship, or for the maintenance 
of any minister or mmistry, contrary to what he believes to be right, 
or hath voluntarily engaged to do. No one religious society snail 
ever be established in this State, in preference to another ; nor shall 
any person be denied the enjoyment of any civil right merely on 
account of his religious principles. 

Sec. 11. There shall be no future importation of slaves into this 
State, from Africa or any foreign place, after the first day of October 
next. The legislature shall have no power to pass laws for the 
emancipation of slaves without the consent of each of their respective 
owners, previous to such emancipation. They shall have no power 
to prevent emigrants from either of the United States to this State 
from bringing with them such persons as may be deemed slaves by 
the laws of any one of the United States. 

Sec. 12. Any person who shall maliciously dismember or deprive 
a slave of life shall suffer such punishment as would be inflicted in 
case the like offence had been committed on a free white person, and 
on the like proof, except in case of insurrection by such slave, and 
unless such death should happen by accident in giving such slave 
moderate correction. 

Sec. 13. The arts and sciences shall be promoted, in one or more 
seminaries of learning; and the legislature shall, as soon as con- 
veniently may be, give such further donations and privileges to those 
already established as may be necessary to secure Xn^ objects of their 
institution ; and it shall be the duty of the general assembly, at their 
next session, to provide effectual measures tor the improvement and 
permanent security of the funds and endowments of such institutions. 

Sec. 14. All civd officers shall continue in the exercise of the duties 
of their several offices during the periods for which they were ap- 
pointed, or until they shall be superseded by appointments made in 
conformity to this constitution ; and all laws now in force shall con- 
tinue to operate, so far as they are compatible with this constitution, 
until repealed ; and it shall l>e the duty of the general asseml)ly to 
pass all necessary laws and regulations tor carrying this constitution 
into full effect. 

Sec. 15. No part of this constitution shall l)e altered, unless a bill 
for that purpose, specifying the alterations intended to be made, 
shall have been read three times in the house of representatives, and 
three times in the senate, on three several days in each house, and 
agreed to by two-thirds of each house respectively; and when any 
such bill shall be passed in manner aforesaid, the same shall be pub- 
ILshed at least six months previous to the next ensuing annual elec- 
tion for members of the general assembly; and if such alterations, or 
any of them, so proposed, shall l^ agreed to in their first session 
thereafter, by two-thirds of each branch of the general assembly, 
after the same shall have been read three times, on three separate 
days, in each respective house, then, and not otherwise, the same shall 
become a part oi this constitution. 



802 Georgia-'1808—1812 

We, the underwritten delegates of the people of the Stat« of 
Georgia, chosen and authorized by them to revise, alter, or amend 
the powers and principles of their government, do declare, ordain, 
and ratify the several articles and sections contained in the six pages 
hereunto prefixed, as the constitution of this State; and the same 
shall be in operation from the date hereof. 

In testimony whereof we, and each of us, respectively, have here- 
unto set our hands, at Louisville, the seat of government, this thir- 
tieth day of May, in the year of our Lord one thousand seven hundred 
and ninetj^-eight, and in the twenty-second year of the Independence 
of the Unitea States of America; and have caused the great seal of 
the State to be affixed thereto. 

Article 4, section 11, and the first line, the following words being 
interlined, to wit, " after the first day of October next." 

Jared Irwin, Pret^denL 

James M. Simmons, Se(fretary, 

AKENDMENTS TO THE 0OK8TITTTTION OF 1798.^ 

(Ratified Deoeml)er 10. 1808) 

Art. III. Sec. 10. So altered and amended a^ to read: That the 
clerks of the superior and inferior courts shall be elected on the same 
day as pointed out by law for the election of other county officers. 

(Ratified 1812 6) 

Art. III. Sec. 4. So altered and amended as to read: The justices 
of the inferior courts shall be elected on the third Tuesday in October, 
eighteen hundred and thirteen, and on the third Tuesday in October 
in every fouHh year thereafter, by the electors entitled to vote for 
members of the general assembly, which election shall be held and 
conducted in the same manner as pointed out by law for the elections 
of clerks and sheriffs; and the persons so elected shall be commis- 
sioned l)y the governor, and continue in office for the term of four 
vears, unless removed by impeachment for malpractice in office, or 
by the governor, on the address of two-thirds of both branches of tlie 
general assembly. They may be compensated for their services in 
such manner as the legislature may by law direct; and there shall be 
five justices for each county, who shall hold their offices until their 
successors are elected and qualified ; and when any vacancy shall 
luippen by death, resignation, or otherwise, of any justice of the infe- 
rior court, it shall be the duty of two or more justices of the inferior 
court, or justices of the peace, to give at least twenty days' notice by 
advertisement, at three of the most public places in the county, pre- 
vious to the election, to fill such vacancy; which election shall be neld 
in the same manner as is by this section before expressed. 

Art. III. Sec. 5. So altered and amended as to read: There shall 
be two justices of the peace in each captain's district, in the several 
counties of this State, either or both of whom shall have power to tr^' 

o These amendments were successively passed by the legislature, and adopted 
by the legislature of the following year, as prescribed by the constitution, with- 
out ratification by the jH^ople. 

& Change<l by the amendment of 1819. 



Georgia~1818 803 

all cases of a civil nature within their district, where the debt or 
liquidated demand does not exceed thirty dollars, in such manner as 
the legislature may by law direct; they shall be elected on the first 
Saturday in January, eighteen hundred and thirteen, and on the first 
Saturday in January in every fourth year thereafter, by the citizens of 
the district to which they respectively belong, entitled to vote for mem- 
bers of the general assembly ; which election shall be superintended 
by three freeholders of the district, whose duty it shall be to take the 
following oath, to be administered by the captain or commanding 
officer of said district, to wit : " I, A B, do solemnly swear that I will, 
to the best of my abilities, superintend the election of justices of the \ 
peace for this district ; so help me God ; " and they shall transmit a ' 
return of said election, within twenty days, to his excellency the gov- 
ernor, who is hereby authorized to commission the persons so elected 
accordingly ; and tfiey shall hold their appointments during the term 
of four years, and until their successors are elected and qualified, 
unless they shall be removed by conviction on indictment in the supe- 
rior court, for malpractice in office, or for any felonious or infamous 
crime, or by the governor on the addrass of two-thirds of each branch 
of the legislature. And when any vacancy shall happen by death, 
resignation, or otherwise, of any justice of the peace, between the 
time of such election and the expiration of the time for which such 
justice or justices were elected, it shall be the duty of two of the 
justices of the peace, in any of the adjoining districts, where such 
vacancy or vacancies may happen, to advertise in three of the most 

Eublic places in the district, where such vacancy or vacancies may 
appen, the time of holding an election for the purpose of filling 
siich vacancy or vacancies, and give at least fifteen davs' notice of the 
time and place where such election shall be held, whicli shall be in the 
district where such vacancy or vacancies shall have happened ; and it 
shall be the duty of the said justices to superintend such election, and 
certify the same, under their hands, to his excellency the governor, 
-who shall, within ten days after receiving the same, commission the 
person having the highest number of votes, provided the same is not 
contested. 

(Ratified December 15, 1818) 

Art. II. Sec. 4. So ameiuled and altered a*s to read: In case of the 
death, resignation, or disability of the governor, the president of the 
senate, or the last acting president of tlie senate, shall exercise the 
executive powers of the government until such disability be removed, 
in the election and qualification of a governor by the general assem- 
bly ; and in case of the death, resignation, or disability of the presi- 
dent of the senate, or of the last acting president of the senate, the 
speaker of the house of representatives, or the acting speaker of the 
house of representatives, shall exercise the executive powers of the 
government, until such disability be removed in the election and 
qualification of a governor by the general assembly. 

(Ratified December 18, 1818 «) 

Aht. III. Section 1. So altered and airiended as to read : The judicial 
powers of this State shall be vested in a superior, inferior, and jus- 

'J ('hanged by the amendment of 18.*^r». 



804 Georgia— 1819 

tices' courts, and such other courts as the legislature shall from time 
to time ordain and establish. The judges of the superior courts shall 
be elected for the term of three years, and shall continue in office until 
their successors shall be elected and qualified ; removable by the gov- 
ernor, on the address of two-thirds of both branches of the general 
assembly for that purpose, or by impeachment and conviction thereon. 
The superior courts shall have exclusive and final jurisdiction in all 
criminal cases, (except as relates to people of color, and fines for 
neglect of duty, and for contempt of court, for violations against 
road-laws, and for obstructing water-courses, which shall be veste<l 
in such judicature or tribunal as shall be or may have been pointed 
out by law ; and except in all other minor offences, committed by free 
white persons, and which do not subject the offender or offenders to 
loss of life, limb, or member, or to confinement in the penitentiary; in 
all such easels corporation courts, such as now exist, or may hereafter 
be constituted, in any incorporated city, being a sea-port town and 
port of entry, may be vested with jurisdiction, under such rules and 
regulations as the legislature may hereafter by law direct;) which 
shall be tried in the cwmty where the crime was committed; and in 
all cases respecting titles to lands, which shall be tried in the county 
where the land lies; and also concurrent jurisdiction in all other civil 
cases; and shall have power to correct errors in inferior judicatories 
by writ of certiorari^ as well as errors in the superior courts, and order 
new trials on proper and legal grounds: Prorided^ That such new 
trials shall be determined, and such errors corrected, in the superior 
court of the county in which such action originated; and the said 
court shall have api>ellate jurisdiction in such other cases as are or 
may be pointed out by law, which shall in no case tend to move the 
cause from the county in which the action originated ; and the judges 
thereof, in all cases of application for new trials or correction of 
errors, shall enter their opinion on the minutes of the court. The 
inferior courts shall also have concurrent jurisdiction in all civil 
cases, (except in cases respecting the titles to lands,) which shall be 
tried in the county where the defendant resides; and in case of joint 
obligors and joint promissors, residing in different counties, the 
same may be brought in either county, and a copy of the petition and 
process served on the party residing out of the county in which the 
suit may be commenced, shall be deemed sufficient service, under such 
rules and regulations as the legislature have or may direct. The 
superior and inferior courts shall sit in each county twice in every 
year, at such stated times as have or may l)e appointed by the 
legislature. 

(Ratified Novem»)or 2.^ 3810 «) 
« 

Art. III. Sec. 4. So altered and amended a^9 to read: The justices 
of the inferior court shall l)e elected by the persons entitled to vote 
for uiemlxTs of the legislature, in such manner as the legislature may 
by law direct. 

Art. III. Sec. 5. So altered and amended as to read: The justices 
of the peace throughout this State shall be elected by the persoa^ 

a This aniondment was adopted in tlie place of a previous amendment of the 
same sections, in 1S12. 



Georgia— 1824— 183S 805 

residing in their respective districts, entitled to vote for members of 
the general assembly, under such rules and regulations as the legisla- 
ture may by law direct. 

(Ratified November 17, 1824) 

Art. II. Sec. 2. So altered and amended as to read: The governor 
shall be elected by the persons qualified to vote for members of the 
general assembly, on the first Monday in October, in the year of our 
Lord one thousand eight hundred and twenty-five; and on the first 
Monday in October in every second year thereafter, until such time 
be altered by law ; which election shall be held at the place of holding 
general elections, in the several counties of this State, in the same 
manner as is prescribed for the election of members of the general 
assembly. The returns for every election of governor shall be sealed 
up by the presiding justices, separately from other returns, and 
directed to the president of the senate and the speaker of the house 
of representatives, and transmitted to his excellency the governor, 
or the i)erson exercising the duties of governor for the time being, 
who shall, without opening the said returns, cause the same to be 
laid before the senate, on the day after the two houses shall have been 
organized, and they shall be transmit ted-by the senate to the house 
of representatives. The members of each branch of the general 
assemoly shall convene in the representative chamber, and the presi- 
dent of the senate, and the speaker of the house of representatives, 
shall open and publish the returns in presence of the general assem- 
bly; and the person having the majority of the whole numlx^r of 
votes given in shall be declared duly elected governor of this State. 
But it no person have such majority, then from the persons having 
the two highest number of votes who shall be in life, and shall not 
decline an election at the time appointed for the legislature to elect, 
the general assembly shall elect immediately a governor by joint 
ballot; and in all cases of election of a governor by the general 
assembly, a majority of the votes of the members present shall be 
necessary for a choice. Contested elections shall be determined by 
l>oth houses of the general assembly, in such manner as shall l)e i)re- 
scribed by law. 

(UatifiHl mil) 

Art. III. Sec. 9. So altered and amended as to read: Divorces 
shall be final and conclusive when the parties shall have obtained the 
concurrent verdicts of two sj)ecial juries, authorizing a divorce upon 
legal principles. 

(Ratified I)e<:*einlK»r, IS.3.5) 

Article I. Sec. 4. So altered and amended as to read: No person 
shall be a senator who shall not have attained to the age of twenty-five 
years, and have been nine years a citizen of the United States, and 
three years an inhabitant of this State, and shall have usually resided 
within the county for which he shall l)e returned at least one year 
immediately preceding his election, except persons who may have 
been al)sent on lawful business of this State or of the United States. 



806 Georgia— 1835 

Article I. Sec. 8. So altered and amended as to read: No person 
shall be a representative who shall not have attained to the age of 
twenty-one years, and have been a citizen of the United States seven 
years, and three years an inhabitant of this State, and have usualljr 
resided in the county in which he shall be chosen one year immedi- 
ately preceding his election, unless he shall have been on the public 
busmess of this State or of the United States. 

(Ratified laSHa) 

Art. III. Section 1. 8o altered and amended as to read : The 
judicial powers of this State shall be vested in a supreme court for 
the correction of errors; a superior, inferior, and justices' courts, and 
in such other courts as the legislature shall, from time to time, ordain 
and establish. The supreme court shall consist of three judges, who 
shall l)e elected by the legislature for such term of ^^eai-s as shall be 
prescribed by law, and shall continue in office until their successors 
shall be elected and qualified, removable by the governor on the 
address of two-thirds of both branches of the general assembly for 
that purpose, or by impeachment and conviction thereon. The said 
court shall have no original jurisdiction, but shall be a court alone 
for the trial and correction of errors in law and equity from the 
superior courts of the several circuits, and shall sit at least once a 
• year, at a time to be prescribed by law, in each of five judicial dis- 
tricts, to be hereafter laid off and designated by the legislature for 
that purpose, at the most central point in such judicial district, or 
at such other point in each district as shall by the general assembly 
be ordained, for the trial and determination of writs of error from 
the several superior courts included in such judicial districts. And 
the said court shall at each session in each district dispose of and 
finally determine each and every case on the docket of such court at 
the first term after such writ of error brought; and in case the 
plaintiff in error in any such case shall not be prepared, at such first 
term of such court, after error brought to prosecute the same, unless 
precluded by some providential cause from such prosecution, it shall 
be stricken from the docket, and the judgment below shall stand 
affirmed. The judges of the superior court shall be elected for the 
term of four years, and shall continue in office until their successors 
shall be elected and qualified, removably by the governor on the 
address of two-thirds of both branches of the general assembly for 
that purpose, or by impeachment and conviction theron. The 
superior court shall have exclusive jurisdiction in all criminal, cases, 
(except as relates to people of color, and fines for neglect of duty and 
for contempt of court; for violation^? against road-laws, and for 
obstructing water-courses, which shall be vested in such judicature or 
tribunal as shall be or may have been pointed out by law ; and exc^ept 
in all other minor offences committed by free white persons, and 
which do not subject the offender or offendei"s to loss of life, limb, or 
member, or to confinement in the penitentiary; in all such cases 
corporation courts, such as now exist, or may hereafter be con- 
stituted, in any incorporated city, being a sea-port town and a port of 

oThls amendinent was adopted in the \)\fn^ of a previous amendment of the 
same se<*tlon lu 1818. 



Georgia— 1840 807 

entry, may be vested with jurisdiction, under such rules and regula- 
tions as the legislature may hereafter by law direct,) which shall be 
tried in the county where the crime was committed ; and in all cases 
respecting titles to land, which shall be tried in the county where the 
land lies; and also concurrent jurisdiction in all other civil cases, and 
shall have power to correct errors in inferior judicatories, by writ of 
certiorari^ and to grant new trials in said superior courts on proper 
and legal grounds; and in all cases where a new trial shall be so 
allowed, the judge allowing the same shall enter on the minutes of 
said court his reasons for the same; and the said superior courts 
shall have appellate jurisdiction in such other cases as may be pointed 
out by law, m cases arising in inferior judicatories, which shall in no 
case tend to remove the cause from the county in which the action 
originated. 

(Ratified 1840 «) 

Artic;le I. Whereas a part of the third section of the first article 
of the constitution is in the following words, viz: " The senate shall 
be elected annuallv ; " and a part of the seventh section of the first 
article is in the following words : " The representatives shall be chosen 
annually; " and a part of the twelfth section of the first article is in 
the following words : " The meeting of the general assembly shall be 
annually;" and whereas a part of the third section of the third 
article is in the following words: " There shall be a State's attorney 
and solicitor appointed by the legislature and commissioned by the 
governor, who shall hold their offices for the term of three years ; " 
and a part of the fifteenth section of the fourth article is in the 
following words : " The same shall be published at least six months 
previous to the next ensuing annual election for members of the 
general assembly;" and whereas the before-recited clauses require 
amendments : 

Section 1. Be it enacted hy the senate and home of repremntativeH 
of the State of Georgia^ in general assembly met^ and it is herehy 
ena/'ted hy the authority of the same^ That so soon as this act shall 
have passed, agreeably to the requisitions of the constitution, the fol- 
lowing shall be adopted in lieu of the foregoing^ clauses: In the third 
section of the first article, the following, to wit : " The senate shall 
l>e elected biennially, after the passage of this act, the first election 
to take place on the first Monday in 1843." In lieu of the seventh 
section of the first article, the following: " The representatives shall 
be elected biennially, after the passing of this act, the first election to 
take place the first Monday in October, eighteen hundred and forty- 
three ; " and in lieu of the clause in the twelfth section in the first 
article, the following: " The meeting of the general assembly shall bo 
biennially, after the passage of this act, on the first Monday in 
November; " and in lieu of the clause in the third section of the third 
article, the following, to wit: "There shall l)e a State attorney and 
solicitor elected by the legislature, who shall hold their offices for the 
term of four years; " and in lieu of the clause in the fifteenth section 
of the fourth article, the following: "The same shall l)e published 
at least six months previous to the next ensuing biennial election for 

« S€?e "Journal of the Convention to Reduce and Equalize the Representation 
of the General Asflembly of the State of Geor>?ia, Assembled in Miilwlgreviile. 
on tlie 6th Day of May. Eighteen hundred and thirty-nine." Published by 
Anthorlty, Mllledgevllle: P. L. Robinson, State Printer, IHaO. pp. 74. 



808 Georgia— mi— 181^ 

members of the general assembly ; " the provisions of this act not to 
fro into effect until the year eighteen hundred and forty-three. 

(Ratifietl \M\) 

Art. III. Sec. 3. So altered and amended as to read: There shall 
be a State's attorney and solicitors appointed by the legislature, and 
commissioned by the governor, who shall hold their offices for the 
term of four years, or until their successors shall be elected and 
qualified, unless removed by sentence on impeachment, or by the gov- 
erfior, on the address of two-thirds of each branch of the general 
assembly. They shall have salaries adequate to their services, estab- 
lished by law, which shall not be increased or diminished during their 
continuance in office. 

Art. IV. Sec. 15. Amended hy xtrikhu/ out the irord "' annual." 

(Rntifie<l 1843) 

Article I. Sec. 3. JSo altered and amended as to read : The senate 
shall be elected biennially on the first Monday in October, and shall 
consist of forty-seven members, and shall be composed of one menil>er 
from each senatorial district, which district shall be composed of two 
contiguous counties, not including the county with the largest repre- 
sentative population, which shall constitute a separate district; which 
districts shall l)e arranged and organized by the general assembly, 
at the session when this shall be adopted, and if any new county shall 
l)e hereafter formed, it shall be annexed to one of the districts from 
which it was taken. 

Article I. Sec 7. So altered and amended as to read: The house 
of representatives shall l)e composed of one hundred and thirty mem- 
bers; each county shall have one representative, and no county shall 
have more than two representatives; thirty-seven counties having: the 
greatest population, counting all free white persons, and three-nfths 
of the people of color, shall have two representatives; the said 
apportionment shall be made bv the general assembly, at the session 
at which this section shall be adopted as an alteration of the constitu- 
tion, by an act to be introduced after the adoption thereof, andia new". 
apportionment shall be made at the session next after each fnture 
enumeration of the inhabitants of this State, made under the constitu- 
tion and laws thereof, but at no other time. 

Art. III. Section 1. Added to the eon eluding porti/m of the ser- 
tlon^ so that It irads: And in case of a maker and mdorser or indors- 
ers of promissory notes residing in different counties in this State, the 
same may be sued in the county w^here the maker resides, and a copv 
of the petition and process served on the indorser or indorsers resict- 
ing out of the county in which the suit may be commenced shall Ik* 
deemed sufficient service, under the same rules and regulations as the 
legislature have or may direct in the case of joint obligors and joint 
promisors. The superior and inferior courts shall sit in each county 
twice in every year, at such stated times as have or may be appointe<l 
by the legislature. 

Art. IV. Sec. 3. So altered and amended as to read : It shall and 
may be lawful for all .major-generals and brigadier-generals to l>e 



Georgm—1865 809 

elected by the people of the respective divisions and brigades ; and all 
persons subject to military duty shall be entitled to vote for the same 
only, and shall be commissioned by the governor. All other officers 
of the militia shall be elected in such manner as the legislature may 
direct, and shall be commissioned by the. governor ; and all militia 
officers now in commission, and those which may be hereafter commis- 
siioned, shall hold their commissions during their usual residence 
within the division, brigade, regiment, battalion, or company to which 
they belong, unless removed by sentence of a court-martial, or by the 
governor on the address of two-thirds of each branch of the general 
assembly. 

(Ratified 1847) 

Art. II. Sec. B. So altered and amended as to read: No person 
shall l)e eligible to the office of governor who shall not have been a 
citizen of the United States twelve years, and an inhabitant of this 
State six years, and who hath not attained to the age of thirty years. 

(Ratified 1849 o) 

Art. III. Sec. 9. So altered and amended as to read: Divorces 
shall be final and conclusive when the parties shall have obtained the 
concurrent verdicts of two special juries, authorizing a divorce upon 
such legal principles as the general assembly may by law prescribe. 



CONSTXTUTION OF GEORGIA— 1861 

[A State convention, called by an act of the legislature, passed an 
ordinance of secession January 19, 1861, and on March 23, 1861, com- 
pleted a revision of the State constitution, which was ratified by the 
people on the first Tuesday of the following July.] 



CONSTITUTION OF GEORGIA— 1865 * ^ 

rREAMBLE 

We, the people of the State of (Jeorgia, in order to form a peruui- 
nent government, establish justice, insure domestic tranquillity, and 
secure the blessing of liberty to ourselves and our posterity, acknowl- 
edging and invoking the guidance of Almighty God, the author of 

* See " .Tonrnal of the Proceedings of the Convention of the People of Georgia, 
Held In MlUedjfevUIe In October and November, 18<>5, Tojrether with the Oi-dl- 
nane€*» and Resolutions adopted, Published by Order of the Convention, Milledge- 
vlUe, Ga. ; R. M. Omie & Son, Printers for the Convention, 18(>r>." pp. 207-22(». 

« See Journal of the State Convention, Held In MlUedgevllle, In December, 
1850. Mllledgeville: R. M. Orrae, State Printer, 1850. p. M. 

ft A convention, calleii by Provisional Governor James Johnson, met Ootol)er 
25, 18^5, rei)ealed the ordinance of secession October 30, and submitted this 
c-onstitution to the people November 7, 18(55. It was ratified, receiving 17,t>99 
votes. 



810 Georgia- 1865 

all good government, do ordain and establish this constitution for the 
State of Georgia : 

Article I 

DECLARATION OF RIGHTS 

One. Protection to person and property is the duty of government. 

Two. No person shall be deprived of life, liberty, or property, 
except by due process of law. 

Three. The writ of habem corpus shall not be suspended unless, in 
case of rebellion or invasion, the public safety may require it. 

Four. A well-regulated militia, beig necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be 
infringed. 

Five. Perfect freedom of religious sentiment be, and the same is 
hereby, secured, and no inhabitant of this State sh^ll ever be molested 
in person or property, nor prohibited from holding any public office 
or trust, on account of his religious opinions. 

Six. Freedom of speech, and freedom of the press, are inherent 
elements of political liberty. But while every citizen may freely 
speak or write or print on any subject, he shall be responsible for the 
abuse of the liberty. 

Seven. The right of the people to appeal to the courts, to petition 
government on all matters of legitimate cognizance, and peaceably to 
assemble for the consideration of any matter of public concern, shall 
never be impaired. 

Eight. P]very person charged with an offence against the laws of 
the State shall have the privilege and benefit of counsel, shall be fur- 
nished on demand with a copy of the accusation, and list of the wit- 
nesses on whose testimony the charge against him is founded; shall 
have compulsory process to obtain the attendance of his own wit- 
nesses ; shall be confronted with the witnesses testifying against him, 
and shall have a public and speedy trial by an impartial jury, as 
heretofore practised in Georgia. 

Nine. No person shall be put in jeopardy of life or liberty more 
than once for the same offence, save on his or her own motion for a 
new trial after conviction, or in case of mistrial. 

Ten. No conviction shall work corruption of blood or general for- 
feiture of estate. 

Eleven. Hvcessive bail shall not l)e required, nor exce^ssive fines 
imposed, nor cruel and unusual punishments inflicted. 

Twelve. The powers of the courts to punish for contempt shall be 
limited by legislative acts. 

Thirteen. Legislative acts in violation of the constitution are void, 
and the judiciary shall so declare them. 

F'ourteen. Kx post facto laws, laws impairing the obligation of 
contracts, and retroactive laws injuriously affecting any right of the 
citizen, are prohibited. 

Fifteen. Laws should have a general operation, and no general la^*- 
affecting private rights shall be varied in any particular case bv 
special legislation, except with the free consent, in writing, of all 
persons to be affected thereby; and no person being under a legal 
disability to contract is capable of such free consent. 



Georgia— 1865 811 

Sixteen. The power of taxation over the whole State shall be exer- 
cised by the general assembly only to raise revenue for the support 
of government, to pay the public debt, to provide for the common 
defence, and for such other purposes as the general assembly may be 
specially required or empowered to accompfish by this constitution. 
But the general assembly may, by statute, grant the power of taxation 
for designated purposes, with such limitations as they may deem 
expedient, to county authorities and municipal corporations, to be 
exercised within their several territorial limits. 

Seventeen. In cases of necessity, private ways may be granted 
upon just compensation being first paid; and with this exception 
private property shall not be taken, save for public use, and then only 
on just compensation, to be first provided and paid, imless there be a 
pressing, unforeseen necessity; in which event the general assembly 
shall make early provision for such compensation. 

Eighteen. The right of the people to be secure in their persons, 
houses, papers, ana effects, against unreasonable searches and sei- 
zures, shall not be violated; and no warrant shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place or places to be searched, and the persons and 
thin^ to be seized. 

Nineteen. The person of a debtor shall not be detained in prison, 
after delivery, for the benefit of his creditors, of all his estate not 
expressly exempted by law from levy and sale. 

Twenty. The Government of the United States having, as a war- 
measure, proclaimed all slaves held or owned in this Stat« emanci- 
pated from slavery, and having carried that proclamation into full 
practical effect, there shall henceforth be, within the State of Georgia, 
neither slavery or involuntary servitude, save as a punishment for 
crime, after legal conviction thereof: Provided., This acquiescence in 
the action of the Government of the United States is not intended to 
operate as a relinquishment, waiver, or estopi:)el of such claim for 
compensation of loss sustained by reason of the emancipation of his 
slaves as anj^ citizen of Georgia may hereafter make upon the justice 
and magnanimity of that Government. 

Twenty-one. The enumeration of rights herein contained is a part 
of this constitution, but shall not be construed to deny to the people 
any inherent rights which they have hitherto enjoyed. 

ARTK'f.E II 

Section 1. One. The legislative, executive, and judicial depart- 
ments shall be distinct; and each department shall l)e confided to a 
separate body of magistracy. No person, or collection of persons, 
being of one department, shall exercise any power properly attached 
to either of the others, except in cases herein expressly provided. 

Two. The legislative power shall be vested in a general assembly, 
which shall consist of a senate and house of representatives, the mem- 
bers whereof shall be elected and returns of the elections made in the 
manner now prescribed by law (until changed by the general assem- 
bly) on the 15th day of November, in the present year, and biennially 
thereafter, on the first AVednesday of October, to serve until their 
succ^»ors shall l)e elected; but the general assembly may, by law, 
change the day of election. 



812 Georgia— 1865 

Tlireo. The first meeting of tlie general assembly, under this con- 
stitution, shall be on tlie first Monday in Decemlx^r next, after which 
it shall meet annually on the first Thursday in Noveml>er, or on such 
other day as the general assembly may prescribe. A majority of 
each house shall constitute a quorum to transact business, but a 
smaller numlx»r may adjourn from day to day and compel the attend- 
ance of its absent meml)ers, as each house may provide. Xo session 
of the general assembly, after the first above mentioned, shall con- 
tinue longer than forty days, unless prolonged by a vote of two-thirds 
of each branch thereof. 

Four. No person holding any military commission, or other ap- 
pointment, having any emolument or compensati(m annexed thereto, 
under this State or the United States, or. either of them, (except 
justices of the inferior court, justices of the peace, and officers of the 
militia,) nor any defaulter for public money, or for anv legal taxes 
ivquired of him, shall have a seat in either branch oi the general 
assembly; nor shall anv s(»nator or representative, after his qualifica- 
tion as such, be elected by the general assembly, or appointed by the 
governor, with the advice and consent of two-thirds or the senate, to 
any office or ap]>ointment having any emolument or compensation 
annexed thereto, during the time for which he shall have been ekvted. 

Five. No i)erson convicted of any felony l)efore any court of this 
State, or of the United States, shall be eligible to any ofece or appoint- 
ment of honor, profit, or trust, w^ithin this State, until he shall have 
been pardoned. 

Six. No person who is collector or holder of public money shall be 
eligible to any office in this State until the same is accounted for and 
paid into the treasury. 

Sfx'. 2. There shall l)e forty- four senatorial districts in the State of 
(Jeorgia, each composed of three contiguous counties, from each of 
which districts one senator shall be chosen, until otherwise arranged, 
as hereinafter provided. 

The said districts shall be constituted of counties as follows: 

The first district, of Chatham, Bryan, and Effingham. 

The second, of Lil>erty, Tattnall, and Macintosh. 

The third, of Wayne, Pierce, and Appling. 

The fourth, of Glvnn, Camden, and Charlton. 

The fifth, of Coffee, Ware, and Clinch. 

The sixth, of Echols, Lowndes, and Berrien. 

The seventh, of Brooks, Thomas, and Cqlmiitt. 

The eighth, of Decatur, Mitchell, and Miller. 

The ninth, of Pearly, Calhoun, and Baker. 

The tenth, of Dougherty, I^ee, and Worth. 

The eleventh, of Clay, liandolph, and Terrell. 

The twelfth, of Stewart, AVebster, and Quitman. 

The thirteenth, of Sumter, Schley, and Macon. 

The fourteenth, of Dooly, Wilcox, and Pulaski. 

The fifteenth, of Montgomery, Telfair, and Irwin. 

The sixteenth, of Laurens, Johnson, and Emanuel. 

The seventeenth, of Bullock, Scriven, and Burke. 

The eighteenth, of Richmond, Glascock, and Jefferson. 

The nineteenth, of Taliaferro, Warren, and Greene. 



Georgia— 1865 813 

The twentieth, of Baldwin, Hancock, and Washington. 

The twenty-first, of Twiggs, Wilkinson, and Jones. 

The twenty-second, of Bibb, Monroe, and Pike. 

The twenty-third, of Houston, Crawford, and Taylor. 

The twenty- fourth, of Marion, Chattahoochee, and Muscogee. 

The twenty-fifth, of Harris, Upson, and Talbot. 

The twenty-sixth, of Spalding, Butts, and Fayette. 

The twenty-seventh, ot Xewton, Walton, and Clarke. 

The twenty -eighth, of Jasper, Putnam, and Morgan. 

The twenty-ninth, of Wilkes, Lincoln, and Columbia. 

The thirtieth, of Oglethorpe, Madison, and Elbert. 

The thirty-first, of Hart, Franklin, and Habersham. 

The thirty-second, of A\Tiite, Lumpkin, and Dawson. 

The thirty-third, of Hall, Banks, and Jackson. 

The thirty-fourth, of Gwinnett, DeKalb, and Henry. 

The thirty-fifth, of Clayton, Fulton, and Cobb. 

The thirty-sixth, of Meriwether, Cowetta, and Campbell. 

The thirty-seventh, of Troup, Heard, and Carroll. 

The thirty-eighth, of Haralson, Polk, and Paulding. 

The thirty-ninth, of Cherokee, Milton, and Forsyth. 

The fortieth, of Union, Towns, and Rabun. 

The forty -first, of Fannin, Gilmer, and Pickens. 

The forty-second, of Bartow, Floyd, and Chattooga. 

The forty-third, of Murray, Whitfield, and Gordon. 

The forty- fourth, of AValker, Dade, and Catoosa. 

If a new county be established, it shall be added to a district which 
it adjoins. The senatorial districts may be changed by the general 
assembly, but only at the first session after the taking of each new 
census by the United States Government, and their number shall 
never be increased. 

Two. Xo person shall be a senator who shall not have attained to 
the age of twenty-five years and be a citizen of the United States, and 
have oeen for three years an inhabitant of this State, and for one 
year a resident of the district from which he is chosen. 

Three. The presiding oflScer shall be styled the president of the 
senate, and shall be elected mva voce from their own body. 

Four. The senate shall have the sole power to try all impeach- 
ments. WTien sitting for that purpose, they shall Ibe on oath or 
affirmation, and no person shall be convicted without the concur- 
rence of two-thirds of the members present. Judgment, in cases of 
impeachment, shall not extend further than removal from office, and 
disqualification to hold and enjoy any office of honor, profit, or trust 
within this State; but the party convicted shall, nevertheless, be liable 
and subject to indictment, trial, judgment, and punishment according 
to law. 

Sec. 3. One. The house of representatives shall be composed as fol- 
lows: The thirty-seven counties having the largest representative 
pK)pulation shall have tw^o representatives each. Every other county 
shall have one representative. The designation of the counties hav- 
ing two representatives shall be made by the general assembly imme- 
diately after the taking of each census. 

Two. No person shall be a representative who shall not have 
7251— VOL 1—07 54 



814 Georgia— 1866 

attained to the age of twenty-one years, and be a citizen of the United 
States, and have been for three years an inhabitant of the State, and 
for one year a resident of the county which he represents. 

Three" The presiding officer of the house of representatives shall 
be styled the speaker, and shall be elected vira voce from their own 
bodyl 

Four. They shall have the sole power to impeach all persons who 
have been or may be in office. 

Five. All bills for raising revenue or appropriating money shall 
originate in the house of representatives; but the Senate may pro[>ose 
or concur in amendments, as in other bills. 

Sec. 4. One. Each house shall be the judge of the election returns 
and qualifications of its own members; and shall have power to pun- 
ish them for disorderly behavior or misconduct, by censure, fine, 
imprisonment, or expulsion ; but no member shall be expelled except 
by a vote of two-thirds of the house from which he is expelled. 

Two. Each house may punish, by imprisonment, not extending 
beyond the session, any person not a memoer, who shall be guilty of 
a contempt by any disorderly behavior in its presence; or who, dur- 
ing the session, shall threaten injury to the person or estate of any 
member, for anything said or done in either house; or who shall 
assault any member therefor or who shall assault or arrest any wit- 
ness going to or returning therefrom ; or who shall rescue, or attempt 
to rescue, any person arrested bv order of either house. 

Third. The members of both liouses shall be free from arrest 'dur- 
ing their attendance on the general assembly, and in going to and 
returning therefrom; except for treason, felony, or breach of the 
])eace. And no member shall be liable to answer in any other place 
for anything spoken in debate in either house. 

Four. Each house shall keep a journal of its })roceedings, and pulv 
lish them inmiediately after its adjournment. The veas and nays of 
the members on any question shall, at the desire of one-fifth of the 
members present, be entered on the journals. The original journals 
shall be preserved (after publication) in the office of the secretary of 
state; but there shall be no other record thereof. 

Five. Every bill, before it shall pass, shall be read thnni times, and 
on three separate and distinct days, in each house, unless in ease of 
actual invasion or insurrection. Nor shall any law or ordinance pass 
which refers to more than one subject-matter, or contains matter dif- 
ferent from what is expressed in the title thereof. 

Six. All acts shall Ik? signed by the president of the senate and the 
speaker of the houst* of representatives; and no bill, ordinance, or 
resolution, intended to have the effect of law, which shall have been 
rejected by either house, shall be again proposed under the same or 
any other title without the consent of two-thirds of the house, by 
which the same was rejected. 

Seven. Neither house shall adjourn for more than three daya^ nor 
to any other place, without the consent of the other; and in case of 
disagreement between the two houses on a question of adjournment, 
the governor may adjourn them. 

Eight. Every senator and representative, before taking his seat, 
shall take an oath or affirmation to support the Constitution of the 
United States and of this State ; and also, that he hath not practised 



Georgia— 1865 815 

any unlawful means, either directly or indirectly, to procure his 
election. And every person convicted of having given or offered a 
bribe shall be disqualified from serving as a member of either house 
for the term for which he was elected. 

Nine. Whenever this constitution requires an act to be passed by 
two-thirds of both houses, the yeas and nays on the passage thereof 
shall be entered on the journals of each. 

Sec. 5. One. The general assembly shall have power to make all 
laws and ordinances consistent with this constitution, and not repug- 
nant to the Constitution of the United States, which they shall deem 
necessary and proper for the welfare of the State. 

Two. They may alter the boundaries of counties, and lay off and 
establish new counties; but every bill to establish a new county shall 
he passed by at least two-thirds of the members present in each branch 
of the general assembly. 

Three. The general assembly shall have power to appropriate 
monev for the promotion of learning and science, and to provide for 
the education of the people ; and shall provide for the early resump- 
tion of the regular exercises of the University of Georgia, by the ade- 
quate endowment of the same. 

Four. The general assembly shall have power, by a vote of two- 
thirds of each oranch, to grant pardons in cases of final conviction for 
treason, and to pardon or commute after final conviction in capital 
cases, ^ 

Five. It shall be the duty of the general assembly, at its next 
session, and thereafter as the public welfare Ynay require, to provide 
by law for the government or free j>ersons of color; for the protec- 
tion and security of their persons and property, guarding them and 
the State against any evil that may arise from their sudden emanci- 
pation, and prescribing in what cases their testimony shall be admit- 
ted in the courts; for the regulation of their transactions with citi- 
zens; for the legalizing of their existing and the contracting and 
solemnization of their future marital relations, and connected there- 
with their rights of inheritance and testamentary capacity; and for 
the regulation or prohibition of their immigration into this Stat(» 
from other States of the Union, or elsewhere. And further, it shall 
be the duty of the general assembly to confer jurisdiction upon courts 
now existing, or to create county courts with jurisdiction in criminal 
cases excepted from the exclusive jurisdiction of the superior court, 
and in civil cases whereto free persons of color may be parties. 

Sec. 6. One. The general assembly shall have no power to grant 
corporate powers and privileges to private companies, except to 
banking, insurance, railroad, canal, plank-road, navigation, mining, 
express, lumber, manufacturing, and telegraph companies; nor to 
make or change election precincts; nor to establish bridges and 
ferrie^s; nor to change names, or legitimate children; but shall by law 
prescribe the manner in which such power shall be exercised by the 
courts. But no bank-charter shall be granted or extended, and no 
act passed authorizing the suspension of specie payment by any char- 
tered bank, except by a vote of two-thirds of each branch of the 
general assembly. 

Two. No money shall be drawn from the treasury of this State, 
except by appropriation made by law ; and a regular statement and 



816 Georgia— 1865 

account of the receipt and expenditure of all public money shall be 
published from time to time. 

Three. No vote, resolution, law, or order shall pass, granting a 
donation or gratuity in favor of any person, except by me concur- 
rence of two-thirds of the general assembly. 

Four. No law shall be passed by which a citizen shall be compelled, 
directly or indirectly, to Iwcome a stockholder in or contribute to 
a railroad, or other work of internal improvement, without his con- 
sent, except the inhabitants of a corporate town or city. This pro- 
vision shall not l>e construed to deny the power of taxation for the 
purpose of making levees or dams to prevent the overflow of rivers. 

Aktk'lk III 

Section 1. One. The executive power shall Ik? vested in a governor, 
the first of whom imder this constitution shall hold the office from the 
time of his inauguration, as by law provided, until the election and 
(lualification of his successor. Each governor subsequently elected 
shall hold the office for two years and until his successor shall be 
elected and qualified, and shall not be eligible to re-election after the 
expiration of a second term for the period of four years. He shall 
have a competent salarv, which shall not be increased nor diminished 
during the time for wliich he shall have been elected; neither shall 
he receive within that time any other emolument from the Uniteil 
States, or either of them, nor from any foreign power. 

Two. The governor shall be elected by the persons qualified to vote 
for meml>ers of the general assembly, on the fifteenth day of Novem- 
l)er, in the year eighteen hundred and sixty-five, and biennially 
thereafter, on the first Wednesday of October, until such time be 
altered by law, which election shall be held at the places? of holding 
general elections in the several counties of this State, in the manner 
l)rescrilKMl for the election of members of the general assembly. The 
returns for every election of governor shall be sealed up by the man- 
agers, separately from other returns, and directed to the president of 
the senate and speaker of the house of representatives; and trans- 
mitted to the governor, or the person exercismg the duties of governor 
for the time being; who shall, without opening the said returns, 
cause the same to be laid before the senate, on the day after the two 
houses shall have been organized ; and they shall be transmitted by 
the senate to the house of representatives. The members of each 
branch of the general assembly shall convene in the representative 
chaml>er, and the president of the senate and the s|)eaker of the house 
of representatives shall open and publish the returns in i)resence 
of the general assembly; and the person having the majority of the 
whole number of votes given in shall be declared duly elected 
governor of this State; but if no person have such majority, then 
from the two persons having the highest number of votes, who shall 
be in life, and shall not decline an election at the time appointed 
for the legislature to elect, the general assembly shall immediately 
elect a governor viva race; and in all cases of election of a governor 
by the general assembly, a majority of the votes of the members 
present shall Ik? necessary for a choice. Contested elections shall be 
determined by lx>th houses of the general assembly, in such manner 
as shall be prescribed by law. 



Geargm—1865 817 

Three. No person shall be eligible to the office of governor who 
shall not have been a citizen of the United States twelve years, and 
an inhabitant of this State six years, and who hath not attained the 
age of thirty years. 

Four. In case of the death, resignation, or disability of the gov- 
ernor, the president of the senate shall exercise the executive powers 
of the government until such disability be removed, or a successor is 
elected and qualified. And in case of the death, resignation, or 
disability of the president of the senate, the speaker of the house of 
representatives shall exercise the executive power of the government 
until the removal of tjie disability or the election and qualification of 
a governor. 

Five. The governor shall, before he enters on the duties of his office, 
take the following oath or affirmation : " I do solemnly swear or 
affirm (as the case may be) that I will faithfully execute the office of 
governor of the State of Georgia ; and will, to the best of my abilities, 
preserve, protect, and defend the constitution thereof, ancf the Con- 
stitution of the United States of America." 

Sec. 2. One. The governor shall be commander-in-chief of the 
army and navy of this State, and of the militia thereof. 

Two. He shall have power to grant reprieves for offences agninst 
the State, except in cases of impeachment, and to grant pardons, or to 
remit any part of a sentence, in all cases after conviction, except for 
ti^eason, murder, or other capital offences, in which cases he may 
respite the execution, and make report thereof to the next general 
assembly. 

Three. He shall issue writs of election to fill vacancies tliat happen 
in the senate or house of representatives, and shall have power to 
convene the general assembly on extraordinary occasions; and shall 
give them, from time to time, information of the state of the republic, 
and recommend to their consideration such measures as he may deem 
necessary and expedient. 

Four. \Mien any office shall become vacant by death, resignation, 
or otherwise, the governor shall have power to fill such vacancy unless 
otherwise provided for by law ; and persons so appointed shall con- 
tinue in office until a successor is appointed, agreeably to the mode 
pointed out by this constitution, or by law in pursuance thereof. 

Five. A person once rejected by the senate shall not be rea[)])ointed 
by the governor to the same office during the same session or the recess 
thereafter. 

Six. The governor shall have the revision of all bills passed by both 
houses, l)efore the same shall become laws, but two-thirds of each 
house may pass a law notwithstanding his dissent ; and if any bill 
should not be returned by the governor within five days (Sundays 
excepted) after it has been presented to him, the same shall be law, 
unless the general assembly, by their adjournment, shall prevent its 
return. He may approve any appropriation and disapprove any 
other appropriation in the same bill, and the latter shall not l)e effec- 
tual unless passed by two-thirds of each house. 

Seven. Every vote, resolution, or order, to which the concurrence 
of both houses may be necessary, except on a question of election or 
adjournment, shall l)e presented to the governor; and l)efore it shall 
take effect be approved by him, or, being disapproved, shall bo 



818 Georgia— 1866 

repassed by two-thirds of each house, according to the rules and limi- 
tations prescribed in the case of a bill. 

Eight. There shall be a secretary of state, a comptroller-general, a 
treasurer, and surveyor-general, elected by the general assembly, and 
they shall hold their offices for the like period as the governor, and 
shall have a competent salary, which shall not lie increased or dimin- 
ished during the period for which they shall have l^een elected. The 
general assembly may at any time consolidate any two of these offiws, 
and require all the duties to be discharged by one officer. 

Nine. The great seal of the State shall be deposited in the office of 
the secretary of state, and shall not be affixed. to any instrument of 
writing but by order of the governor or general assembly; and that 
used previously to the year 1861 shall l>e the great seal of the State. 

Ten. The governor shall have power to appoint his own secretaries, 
not exceeding two in number. 

Article IV 

Section 1. One. The judicial powers of this State shall be vestetl 
in a supreme court for the correction of errors, a suj^erior, inferior, 
ordinary, and justices' courts, and in such other courts as have been, 
or may be, established by law. 

Two. The supreme court shall consist of three judges, who shall 
1k» elected by the general assembly, for such term of years, not less 
than six, as shall be prescril)ed by law, and shall continue in office 
until their successors shall l>e elected and qualified ; removable by the 
governor on the address of two-thirds of each branch of the general 
assembly, or by impeachment and conviction thereon. 

Three. The said court shall have no original jurisdiction, but shall 
l)e a court alone for the trial and correction of errors in law and 
equity from the superior courts of the several circuit.s, and from the 
city courts of the cities of Savannah and Augusta, and such other like 
courts as may be hereafter established in other cities; and shall sit 
'' at tlie seat of government '' at such time or times in each year as the 
general assembh' shall ])rescribe, for the trial and determination of 
writs of error from said courts. 

Four. The said court shall dispose of and finally determine every 
case on the docket of such court, at the first or second term after such 
Avrit of error brought ; and in case the plaintiff in error shall not he 
prepared at the first term of such court, after error brought, to pi"t>se- 
cute the case, uidess j)recluded by some providential cause from such 
prosecution, it shall l)e stricken from the docket and the judgment 
below affirmed. And in any case that may occur, the court may, in 
its discretion, withhold its judgment until the term next after the 
argument thereon. 

Sec. 2. One. The judges of the superior courts shall be elected on 
the first Wednesday in January, untd the legislature shall otherwise 
direct, immediately before the expiration of the term for which they 
or either of them may have been appointed or elected, from the cir- 
cuits in which they are to serve, by a majority vote of the i>eople of 
the circuit qualified to vote for meml^ers of the general assembly, for 
the term of four years, vacancies to l)e filled as is provided by the laws 
of force prior to January 1, 18G1, and shall continue in office until 



Georgia— 1866 819 

their successors shall be elected and qualified ; removable by the gov- 
ernor on the address of two-thirds of each branch of the general 
assembly, or by impeachment and conviction thereon. 

Two. The superior court shall have exclusive jurisdiction in all 
cases of divorce, both total and partial ; but no total divorce shall be 
granted except on the concurrent verdicts of two special juries. In 
each divorce case, the court shall regulate the rights and disabilities 
of the parties. 

Three. The superior courts shall also have exclusive jurisdiction 
in all criminal cases, except as relates to fines for neglect of duty, 
contempts of court, violation of road-laws, obstructions of water- 
courses, and in all other minor offences which do not subject the 
offender or offenders to loss of life, limb, or member, or to confinement 
in the penitentiary; jurisdiction of all such cases shiill be vested in 
such county or corporation courts, or such other courts, judicatures, 
or tribunals as now exist, or may hereafter be constituted, under such 
rules and regulations as the legislature may have directed, or may 
hereafter by law direct. 

Four. All criminal cases shall be tried in the county where the 
crime was committed, except in cases where a jury cannot be obtained. 

Five. The superior court shall have exclusive jurisdiction in all 
cases respecting titles to land, which shall be tried in the county where 
the land lies; and also in all equity causes which shall be tried in 
the county where one or more of the defendants reside, against whom 
substantial relief is prayed. 

Six. It shall have appellate jurisdiction in all such cases as may be 
provided by law. 

Seven. It shall have power to correct errors in inferior judicatories 
by writ of certiorari^ and to grant new trials in the superior court on 
proper and legal grounds. 

Eight. It shall have power to issue writs of tiiandaitius^ prohibition, 
scire facias^ and all other writs which may be necessary tor carrying 
its powers fully into effect. 

>iine. The superior court shall have jurisdiction in all other civil 
cases, and in them the general assembly may give concurrent juris- 
diction to the inferior court, or such other county court as they may 
hereafter create, which cases shall be tried in the county where the 
defendant resides. 

Ten. In case of joint obligors, or joint promisors or copartners, or 
joint trespassers residing in different counties, the suit may be brought 
in either county. 

Eleven. In case of a maker and indorser or indorsers of promissory 
notes residing in different counties in this State, the same may be 
sued in the county where the maker resides. 

Twelve. The superior court shall sit in each county not less than 
twice in every year, at such stated times as have been or may l>e 
appointed by the general assembly, and the inferior and county courts 
at such times as the general assembly may direct. 

Sec. 3. One. The judges shall have salaries adequate to their serv- 
ices fixed by law, which shall not be diminished nor increased during 
their continuance in office; but shall not receive any other perquisites 
or emoluments whatever, from parties or others, on account of any 
duty required of them. 



820 Georgia— 1865 

Two. There shall be a State's attorney and solicitors elected in the 
same manner as the judges of the superior court, and commissioned 
by the governor, who shall hold their offices for the term of four years, 
or until their successors shall be appointed and qualified, unless 
removed by sentence on impeachment, or by the governor on the 
address of two-thirds of each branch of the general assembly. Thev 
shall have salaries adequate to their services fixed by law, which shall 
not be increased or diminished during their continuance in office. 

Three. The justice or justices of the inferior court, and the judges 
of such other county court as may by law be created, shall be elected 
in each county by the persons entitled to vote for members of the 
general assembly. 

Four. The justice of the peace shall be elected in each district by 
the persons entitled to vote for members of the general assembly. 

Five. The powers of a court of ordinary and of probate shall be 
vested in an ordinary for each county, from whose decision there may 
be an appeal to the superior court, under regulations prescribed by 
]aw\ Tne ordinary shall be ex-o-fficio clerk of said court, and may 
appoint a deputy clerk. The ordinary, as clerk, or his deputy, may 
issue citations, and grant temporary letters of administration, to hold 
until permanent letters are granted; and said ordinary, as clerk, or 
his deputy, may grant marriage-licenses. The ordinaries in and for 
the respective counties shall be elected, as other county officers are, on 
the first Wednesday in January, 1868, and every fourth year there- 
after, and shall l)e commissioned by the governor for the term of four 
years. In case of any vacancy or said office of ordinary, from any 
cause, the same shall be filled by election, as is provided in relation to 
other county officers, and until the same is filled, the clerk of the 
superior court for the time being shall act as clerk of said court of 
ordinary. 

Article V 

Section 1. One. The electors or members of the general assembly 
shall be free white male citizens of this State, and shall have attained 
the age of twenty-one years, and have paid all taxes w^hich may have 
been required of them, and which they have had an opportunity of 
paying, agreeable to law, for the year preceding the election; shall be 
citizens of the United States, and shall have resided six months either 
in the district or county, and two years within this State, and no 
person not qualified to vote for members of the general assembly shall 
hold any office in this State. 

Two. "All elections by the general assembly shall be viva voce^ and 
the vote shall always appear on the journal of the house of represent- 
atives, and where the Senate and house of representatives unite for 
the purpose of electing, they shall meet in the representative chamber, 
and the president of the senate shall in such cases preside and declare 
the person or persons elected. 

Three. In all elections by the people the electors shall vote l)y Iml- 
lot until the general assembly shall otherwise direct. 

Four. All civil officers heretofore commissioned by the governor, or 
Avho have been duly appointed, or elected, since the first day of 
January last, but who have not received their commissions, and 'who 
have not resigned, nor been removed from office, and whose terms of 



Georgia— 1865 821 

office shall not have expired, shall continue in the exercise of the 
duties of their respective offices during the periods for which they 
were duly appointed or duly elected as aforesaid, and commissioned, 
and until their successors shall be appointed under the provisions of 
this constitution, unless removed from office as herein provided. 

Five. Laws of general operation now of force in this State are, 1st, 
as the supreme law, the Constitution of the United States; the laws 
of the United States in pursuance thereof, and all treaties made under 
the authority of the United States; 2d, as next in authority thereto, 
this constitution; 3d, in subordination to the aforegoing, all laws 
declared of force by an act of the general assembly of this State, 
assented to December the 19th, A. D. 1800, entitled '^ An act to ap- 
prove, adopt, and make of force, in the State of (leorgia, a revised 
code of laws, prepared under the direction and by autnority of the 
general assembly thereof, and for other purposes therewith con- 
nected," an act of the general assembly aforesaid, assented to Decem- 
ber 16, A. D. 1861, amendatory of the aforegoing, and an act of the 
general assembly aforesaid, assented to December 13, A. D. 1862, 
entitled "An act to settle the conflicts l)etween the code and the legis- 
lation of this general assembly ; " also, all acts of the general assembly 
aforesaid, passed since the date last written, altering, amending, re- 
pealing, or adding to any portion of law hereinl)efore mentioned, 
(the latter enactments having preference in case of conflict,) and also 
so much of the common and statute law of England, and of the 
statute laws of this State of force in (Jeorgia in the year eighteen 
hundred and sixty, as is not expressly sui)erseded by nor inconsistent 
with said codas, though not embodied therein; except so much of the 
law aforesaid as may violate the supreme law herein recognized, or 
may conflict with this constitution, and except so much thereof as 
refers to persons held in slavery, which excepted laws shall henceforth 
l>e inoperative and void, and any future general assembly of this 
State shall be competent to alter, amend, or repeal any portitm of the 
law declared to l)e of force in this third specification of the fifth 
clause of this fifth article. If in any statute law herein declared of 
force the word " Confederate " occurs lx»fore the word States, such 
law is hereby amended by substituting the word " TTnited " for the 
word " Confederate." 

Six. I^iocal and private statutes heretofore passed, intended for the 
l)enefit of counties, cities, towns, corporations, and private persons, 
not inconsistent with the supreme law, nor with this constitution, and 
which have neither expired by their own limitations nor have been 
repealed, shall have the force of statute law, subject to judicial 
decision as to their validity when enacted, and to any limitations 
imposed by their own terms. 

Seven. All judgments, decrees, orders, and other proceedings of 
the several courts of this State, heretofore made w ithin the limits of 
their several jurisdictions, are hereby ratified and affirmed, subject 
only to past and futiire reversal, by motion for new trial, appeal, bill 
of review, or other proceedings, in conformity with the law of force 
when they were made. 

Eight. All rights, privileges, and immunities which may have 
ves-ted in or accrued to any person or persons, in his, her, or their own 
right, or in any fiduciary capacity, under and in virtue of any act of 



822 Georgia— 1868 

the general assembly, or of any judgment, decree, or order, or other 
proceeding of any court of competent jurisdiction in this State, since 
the first day of January, A. I), eighteen hundred and sixty-one, shall 
be hehl inviolate by all courts before which they may be brought in 
question, unless attacked for fraud. 

Nine. The marriage relation between white persons and persons of 
African descent is forever prohibited, and such marriage shall be null 
and void ; and it shall be the duty of the general assembly to enact 
laws for the punishment of any officer who shall knowingly issue a 
license for the celebration of such marriage, or any officer or minister 
of the gospel who shall marry such persons together. 

Ten. All militia and county officers shall be elected by the people, 
under such regulations as have been or may be prescribed by law. 

Eleven. This constitution shall be altered or amended oiily by a 
t.'onvention of the people, called for that purpose by act of the general 
assembly. 

Signed November 7, 1805. 

Herschel V. Johnson, PreHident, 

Attest: J. D. Waddell, Secretary. 



CONSTITUTION OF GEORGIA— 1868 « ^ 

PREAMBLK 

We, the people of Georgia, in order to form a permanent govern- 
ment, establish justice, insure domestic tranquillity, and secui'e the 
l)lessings of lil)erty to ourselves and our posterity, acknowledging and 
invoking the guidance of Almighty God, the author of all good gov- 
ernment, do ordain and estabhsh this constitution for the State of 
(leorgia: 

Artkle T 

declaration of fitndamkntat. principles 

Section 1. Protection to person and property is the paramount 
duty of government, and shall be impartial and complete. 

Sec. 2. All persons born or naturalized in the United States, and 
i-esident in this State, are hereby declared citizens of this State, and 
no laws shall be made or enforced which shall abridge the privileges 
or immunities of citizens of the United States, or of this State, or 
deny to any person within its jurisdiction the equal protection of its 
laws. And it shall l)e the duty of the general assembly, by appro- 
priate legislation, to protect every person in the due enjoyment ox the 
rights, privileges, and immunities guaranteed in this section. 

«A convention, called by order of Major-CJeneral Meade, met at Atlanta I>e<^ui- 
])er 0, 18(»7, and submitted this constitution to the people March 11, 18i»8. It 
was ratified, re<'elvlug tS9,()07 votes against 71,.*509 votes. ^ 

ft See " Journal of the Procee<lings of the Constitutional Convention of tbe 
People of Georpia, Held in tbe City of Atlanta in the Months of December, 18t5T. 
and .January, February and March. 18<»8. And Ordinances and Resolutions 
Adopted. Published by Order of the Convention. Au^ista, Georjfia : E. H. 
Pughe, Book and .Job Printer. \msr pp. r»40-r»62. 

See also The Constitution of the State of (Jeorgia with full Marginal Notes 
and a Copious and Analytical Index Thereto, by .John L. Conley. 1870. 8S iH>. 



Georgia— 1868 823 

Sec. 8. No person shall be deprived of life, liberty, or property, 
except by due process of law. 

Sec. 4. There shall be within the State of Georgia neither slavery 
nor involuntaiy servitude, save as a punishment for crime after legal 
c'onviction thereof. 

Sec. 5. The right of the i^eople to appeal to the courts, to petition 
government on all matters, and i)eaceal)ly to assemble for the con- 
sideration of any matter, shall never l)e impaired. 

Sec. 6. Perfect freedom of religious sentiment shall be, and the 
same is hereby, secured, and no inhabitant of this State shall ever 
I)e molested in person or property, or prohibited from holding any 
public office or trust, on account of his religious opinion; but the 
lil)erty of conscience hereby secured shall not be so construed as to 
excuse acts of licentiousness or justify practices inconsistent with 
the peace or safety of the people. 

Sec. 7. Everv person charged with an offence against the laws shall 
have the privilege and benefit of counsel, shall be furnished, on de- 
mand, with a copy of the accusation and a list of the witnesses on 
whose testimony the charge against him is founded^ shall have com- 
pulsory process to obtain the attendance of his own witnesses, shall 
be confronted with the witnesses testifying against him, and shall 
have a public and speedy trial by an impartial jury. 

Sec. 8. No person shall l)e put in jeopardy of life or liberty more 
than once for the same offence, save on his or her own motion for a 
new trial after conviction, or in case of mistrial. 

Sec. 9. Freedom of speech and freedom of the press are inherent 
elements of political liberty. But while every citizen may freely 
sj>eak, or write, or print on any subject, he shall be responsible for 
the abuse of the liberty. 

Sec. 10. The right of the j>eople to l)e secure in their pei-sons, 
houses, papers, and effects against unreasonable searcUes and seizures 
shall not be violated; and no warrant shall issue but upon probable 
<"anse, suppoited by oath or affirmation, particularly describing the 
place or places to be searched, and the person or things to l>e seized. 
Sec. 11. The social status of the citizen shall never ])e the subject 
of legislation. 

Sec. 12. No i)erson shall be molested for his opinions, or 1h» subject 
to any civil or j)olitical incapacity, or acquire any civil or political 
adv^antage in consequence of such opinions. 

Sec. 13. The writ of habeas corpus shall not be suspended unless, 
in case of rebellion or invasion, the public safety may require it. 

Sec. 14. A well-regulated militia l)eing necessary to the security of 
a free people, the right of the people to keep and bear arms shall not 
l>e infringed ; but the general assembly shall have power to prescri])e 
by law the manner in which arms may be borne. 
' Sec. 15. The punishment of all frauds shall l)e provided by law. 
Se<:. 16. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted, nor shall any 
person be abused in l>eing arrested, whilst under arrest, or in prison. 
Sec. 17. The power of the courts to punish for contempt shall l>e 
limited by legislative acts. 

Sec. 18. There shall be no imprisonment for debt. 

Sec. 19. In all prosecutions or indictments for libel the truth may 



824 Georgia— 1868 

be given in evidence, and the jury shall have the right to determine 
the law and the facts. 

Sec. 20. Private ways may be granted upon just compensation 
being paid by the applicant. 

Sec. 21. All penalties shall l>e proportioned to the nature of the 
offence. 

Sec. 22. Whipping, as a punishment for crime, is prohibited. 

Sec. 2»^. No lottery shall l>e authorized, or sale of lottery-ticket^ 
allowed, in this State, and adequate j^enalties for such sale shall l)e 
provided by law. 

Sec. 24. No conviction shall work corruption of blood, and no con- 
viction of treason shall work a general forreiture of estate longer than 
during the life of the person attained. 
That the cause or causes shall be notified to the judge so intended to 

Sec. 25. Treason against the State of Georgia shall consist only in 
levying war against the State, or the United States, or adhering to the 
enemies thereof, giving them aid and comfort ; and no person shall 
he convicted of treason except on the testimony of two witnesses to 
the same overt att, or his own confession in open court. 

Sec. 20. Laws shall have a general operation, and no general law. 
affecting private rights, shall be varied, in any particular case* by 
special legislation, except with the free consent, in writing, of ail 
persons to be affected thereby; and no jjerson under legal disability 
to contract is capable of such free consent. 

Sec. 27. The power of taxation over the whole State shall be exer- 
cised by the general assembly only to raise revenue for the support of 
government, to pay the public debt, to provide a general school-fund, 
for common detence and for public improvement; and taxation on 
pro])erty shall be ad ralorem only, and uniform on all species of 
property taxed. 

Sec. 28. The general assembly may grant the power of taxation to 
county authorities and municipal corporations, to be exercised within 
their several territorial limits. 

Sec. 29. No poll-tax shall be levied except for educational purposes, 
and such tax shall not exceed one dollar antiually on each poll. 

Sec. 80. Mechanics and laborers shall have liens upon the property 
of their employers for labor performed or material furnished, and the 
legislature shall provide for the summary enforcement of the same. 

Sec. 31. The legislative, executive, and judicial departments shall 
be distinct; and each department shall be confided to a separate U>dy 
of magistracy. No person, or collection of ])ersons, being of one 
department, shall exercise any power properly attached to either of 
the others, except in cases herein expressly provided. 

Sec. 32. legislative acts in violation of this constitution, or the 
Constitution of the United States, are void, and the judiciary shall so 
dec hire them. 

Sec. 33. The State of Georgia shall ever remain a member of the 
American Union: the people thereof are a part of the Ameri<*an 
nation; every citizen thereof owes paramount allegiance to the Con- 
stitution and (lovernment of the ITnited States, and no law or ordi- 
nance of this State, in contravention or subversion thereof, shall ever 
have any binding force. 



Georgia— 1868 825. 

Article II 

rRANCHISE AND ELECTIONS 

Section 1. In all elections by the people the electors shall vote by 
ballot. 

Sec. 2. Every male person born in the United States, and every 
male person who has been naturalized, or who has legally declared 
his intention to become a citizen of the United States, twenty-one 
yeai*s old or upward, who shall have resided in this State six months 
next preceding the election, and shall have resided thirty days in the 
county in which he offers to vote, and shall have paid all taxes which 
may have l:)een required of him, and which he may have had an oppor- 
tunity of paying, agreeably to law, for the year preceding the elec- 
tion, (except as hereinafter provided,) shall be deemed an elector; 
and every male citizen of the United States, of the age aforesaid, 
(except as hereinafter provided,) who may be a resident of the State 
at the time of the adoption of this constitution, shall be deemed an 
elector, and shall have all the rights of an elector, as aforesaid : Pro- 
rided^ That no soldier, sailor, or marine in the military or naval serv- 
ice of the United States shall acquire the rights of an elector by rea- 
son of being stationed on duty in this State ; and no person shall vote 
who, if challenged, shall refuse to take the following oath : 

" I do swear that I have not given or received, nor do I expect to 
give or receive, any money, treat, or other thing of value, by which 
my vote, or any vote, is affected, or expected to be affected, at this 
election, nor have I given or promised any reward, or made any 
threat, by which to prevent any person from voting at this election." 
Sec 3. No person convicted of felony or larceny before any couii: 
of this State, or of or in the United States, shall be eligible to any 
office or appointment of honor or trust within this State, unless he 
shall have been pardoned. 

Sec 4. No person who is the holder of any public moneys shall lx» 
eligible to any office in this State until the same is accounted for and 
paid into the treasury. 

Sec 5. No person who, after the adoption of this constitution, 
l)eing a resident of this State, shall engage in a duel in this State, or 
elsewhere, or shall send or accept a challenge, or be aider or abettor 
to such duel, shall vote or hold office in this State; and every such 
I>erson shall also be subject to such punishment as the law may pre- 
scribe. 

Sec 6. The general assembly may provide, from time to time, for 
the registration of all electors, but the following classes of persons 
fcihall not be permitted to register, vote, or hold omce: 1st. Those who 
shall have been convicted of treason, embezzlement of public funds, 
malfeasance in office, crime punishable by law with imprisonment in 
the penitentiary, or bribery ; 2d. Idiots or insane persons. 

Sec 7. Electors shall, in all cases except treason, felonv, or breach 
of the peace, be privileged from arrest for five days before an elec- 
tion, during the election, and two days subsequent thereto. 

Sec 8. The sale of intoxicating liquors on days of election is pro- 
hibited. 



826 Georgia— 1868 

Sec. 9. Keturns of election for all civil officers elected by the peo- 
ple, who are to be commissioned by the governor, and also for the 
members of the general assembly, shall be made to the secretary of 
state, unless otherwise provided by law. 

Sec. 10. The general assembly shall enact laws giving adequate 
protection to electors before, during, and subsequent to elections. 

Sec. 11. The election of governor, members or Congress, and of the 
general assembly, after the year 1868, shall commence on the Tues- 
day after the first Monday in November, unless otlierwise provided 
by law. 

Article III 

LEGISLATIVE DEPARTMENT 

Section 1. One. The legislative power shall l)e vested in a general 
assembly, which shall consist of a senate and house of representative's, 
and, until otherwise directed, the members thereof, after the first 
election, shall be elected, and the returns of the election made, as now 
prescribed by law. 

Two. The members of the senate shall be elected for four years, 
except that the members elected at the first election from the twenty- 
two senatorial districts numbered in this constitution with odd nuni- 
bers, shall only hold their office for two years. The members of the 
house of representatives- shall be elected for two years. The election 
for members of the general asBcmbly shall begin on Tuesday after 
the first Monday in November of everv second year, except the first 
election, which shall be within sixty davs after the adjournment of 
this convention; but the general assemblv may bv law change the 
time of election, and the members shall hold until their successors are 
elected and qualified. 

Three. The first meeting of the general assembly shall be within 
ninety days after the adjournment of this convention, after which it 
shall meet annually on the second Wednesday in January, or on such 
other day as the general assembly may presenile. A majority of each 
house shall constitute a quorum to transact business; but a smaller 
number may adjourn from day to day, and compel the presence of its 
absent inembiTs as each house mav provide. No session of the gen- 
eral aasembly, after the second under this constitution, shall continue* 
longer than forty days, unless prolonged by a vote of tw^o-thirds of 
each branch thereof. 

Four. No person holding a military commission, or other appoint- 
ment or offices, having any emolument or compensation annexe<l 
thereto, under this State or the United States, or either of thenu 
except justices of the peace and officers of the militia, nor any 
defaulter for public money, or for anv legal taxes required of him, 
shall have a seat in either house; nor shall any senator or representa- 
tive, after his qualification as such, l>e elected by the general assembly. 
or appointed by the governor, either with or without the advice and 
consent of the senate, to any office or appointment, having any emolu- 
ment annexed thereto, during the time for which he shall have been 
elected. 

Five. The seat of a member of either house shall be vacated on his 
removal from the district from w^hich he was elected. 



Georgia— 1868 827 

Sec. 2. One. There shall be forty-four senatorial districts in this 
State, composed each of three contiguous counties, from each of 
which districts one senator shall be chosen. Until otherwise 
arranged, as hereinafter provided, the said districts shall be consti- 
tuted as follows: 

The first district, of Chatham, Bryan, and Effingham. 

The second district, of Liberty, Tatnall, and Mcintosh. 

The third district, of Wayne, Pierce, and Appling. 

The fourth district, of Glynn, Camden, and Charlton. 

The fifth distript, of Coffee, Ware, and Clinch. 

The sixth district^ of Echols, Lowndes, and Berrien. 

The seventh district, of Brooks, Thomas, and Colquitt. 

The eighth district, of Decatur, Mitchell, and Miller. 

The ninth district, of Early, Calhoun, and Baker. 

The tenth district, of Dougherty, Lee, and Worth. 

The eleventh district, of Clay, Randolph, and Terrell. 

The twelfth district, of Stewart, Webster, and Quitman. 

The thirteenth district, of Sumter, Schley, and Macon. 

The fourteenth district, of Dooly, Wilcox, and Pulaski. 

The fifteenth district, of Montgomery, Telfair, and Irwin. 

The sixteenth district, of Laurens, Johnson, and Emanuel. 

The seventeenth district, of Bullock, Scriven, and Burke. 

The eijghteenth district, of Richmond, Glascock, and Jefferson. 

The nmeteenth district, of Taliaferro, Warren, and Greene. 

The twentieth district^ of Baldwin,mEIancock, and Washington. 

The twenty-first district, of Twnggs, Wilkinson, and Jones. 

The twenty-second district, of Bibb, Monroe, and Pike. 

The twenty-third district, of Houston, Crawford, and Taylor. 

The twenty-fourth district, of Marion, Chattahoochee, and Mus- 
cogee. 

The twenty-fifth district, of Harris, Upson, and Talbot. 

The twenty-sixth district, of Spalding, Butts, and Favette. 

The twenty-Seventh district, of Newton, Walton, and Clarke. 

The twenty-eighth district, of Jasper, Putnam, and Morgan. 

The twenty-ninth district, of Wilkes, Lincoln, and Cohmibia. 

The thirtieth district, of Oglethoi-pe, Madison, and Elbert. 

The thirty-first district, of Ilart, Franklin, and Habersham. 

The thirty-second district, of White, Lumpkin, and Dawson. 

The thirty-third district, of Hall, Banks, and Jackson. 

The thirty-fourth district, of Gwinnett, DeKalb, and Henrv. 

The thirty-fifth district, of Clayton, Fulton, and Cobb. 

The thirty-sixth district, of Meriwether, Coweta, and Campl>ell. 

The thirty-seventh district, of Troup, Heard, and Carroll. 

The thirty-eighth district, of Haralson, Polk, and Paulding. 

The thirty-ninth district, of Cherokee, Milton, and Forsyth. 

TTie fortieth district, of Union, Towns, and Rabun. 

The forty-first district, of Fannin, Gilmer, and Pickens. 

The forty-second district, of Bartow, Floyd, and Chattooga. 

The forty-third district, of Murray, AMiitfield, and Gordon. 

The forty-fourth district, of Walker, Dade, and Catoosa. 

If a new county be established it shall be added to a district which 
it adjoins, and from which the larger portion of its territory is taken. 
The senatorial districts may be changed by the general assembly, but 



828 Georgia— 1868 

only at the first session after the publication of each census by the 
United States Government, and their number shall not be increased. 

Two. The senators shall be citizens of the United States, who have 
attained the age of twenty-five years, and who, after the first election 
under this constitution, shall have been citizens of this State for two 
years, and for one year resident of the district from which elected. 

Three. The presiding officer of the senate shall be styled the presi- 
dent of the senate, and shall be elected inva voce from the senators. 

Four. The senate shall have the sole power to try impeachments. 
When sitting for that purpose the members shall be on oath or 
affirmation, and shall be presided over by one of the judges of the 
supreme court, selected for that purpose by a vira-roce vote of the 
senate ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. Judgments in cases of impeach- 
ment shall not extend further than removal from office, and disquali- 
fication to hold and enjoy any office of honor, trust, or profit within 
this State; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and punishment according to 
law. 

Sec. 3. One. The house of representatives shall consist of one hun- 
dred and seventy-five representatives, apportioned as follows : to the 
six largest counties, to wit, Chatham, Ricnmond, Fulton, Bibb, Hous- 
ton, and Burke, three representatives each; to the thirty-one next 
largest, to wit, Bartow, Columbia, Cobb, Coweta, Clarke, Decatur, 
Dougherty, Floyd, Gwinnett, Greene, Hancock, Harris, Jefferson, 
I^ee, Muscogee, Monroe, Meriwether, Morgan, Macon, Newton, Ogle- 
thorpe, Pulaski, Randolph, Sumter, Stewart, Troup, Thomas, Talbot, 
Washington, Wilkas, and Warren, two representatives each; and to 
the remaining ninety-five counties, one representative each. 

Two. The above apportionment may oe changed by the general 
assembly after each census by the United States Government, but in 
no event shall the aggregate number of representatives be increased. 

Three. The representatives shall be citizens of the United States 
who have attained the age of twenty-one years, and who, after the 
first election under this constitution, shall have l^een citizens of this 
State for one year, and for six months resident of the counties from 
Avhich elected. 

Four. The presiding officer of the house of representatives shall be 
styled the speaker of the house of representatives, and shall be elected 
n ra race from the body. 

Five. The house of representatives shall have the sole power to im- 
peach all persons who shall have been or may be in office. 

Six. All bills for raising revenue, or appropriating money, sliall 
originate in the house of representatives, but the senate may propoi* 
or concur in amendments, as in other bills. 

Sec. 4. One. Each house shall be the judge of the election, returns, 
and qualifications of its members, and shall have power to punish 
them for disorderly In^havior, or misconduct, by censure, fine, impris- 
onment, or expulsion: but no member shall be expelled, except oy a 
vote of two- thirds of the house from which he is expelled. 

Two. Each house may punish, by imprisonment, not extending 
beyond the session, any person, not a member, who shall l>e guilty of 
a contempt by any disorderly behavior in its presence, or who, during 



Georgia— 1868 829 

the session, shall threaten injury to the person or estate of any mem- 
ber for anything said or done in either house, or who shall assault 
any member going to or returning therefrom, or who shall rescue or 
attempt to rescue any person arrested by order of either house. 

Three. The members of both houses shall be free from arrest dur- 
ing their attendance on the general assembly, and in going to or re- 
turning therefrom, except for treason, felony, larceny, or breach of 
the peace ; and no member shall be liable to answer in any other place 
for anything spoken in debate in either house. 

Four. Each nouse shall keep a journal of its proceedings, and pub- 
lish it immediately after its adjournment. The yeas and nays oi the 
members on any question shall, at the desire of one-fifth of the mem- 
bers present, be entered on the journal. The original journal shall 
be preserved, after publication, in the office of the secretary of state, 
but there shall be no other record thereof. 

Five. Every bill, before it shall pass, shall be read three times, and 
on three separate days, in each house, unless in cases of actual inva- 
sion or insurrection. Nor shall any law or ordinance pass which 
refers to more than one subject-matter, or contains matter different 
from what is expressed in the title thereof. 

Six. All acts shall be signed by the president of the senate and the 
speaker of the house of representatives; and no bill, ordinance, or 
resolution, intended to have the effect of a law, which shall have been 
rejected by either house, shall be again proposed during the same 
session, under the same or any other title, without the consent of 
two-thirds of the house by which the same was rejected. 

Seven. Neither house shall adjourn for more than three days, nor 
to any other place, without the consent of the other; and in case of 
disagreement Detween the two houses on a question of adjournment, 
the governor may adjourn either or both of them. 

Eight. The officers of the two houses, other than the president and 
speaker, shall be a secretary of the senate, and clerk of the house, and 
an assistant for each; a journalizing clerk, two engrossing and two 
enrolling clerks for each house, and the number shall not be increased 
except by a vote of the house. And their pay, as well as the pay and 
mileage of the members, shall be fixed by law. 

Nine. Whenever the constitution reauires a vote of two-thirds of 
either or both houses for the passing oi an act or resolution, the yeas 
and nays on the passage thereof shall be entered on the journal, and 
all votes on confirmations, or refusals to confirm nominations to office 
by the governor, shall be by yeas and nays, and the yeas and nays 
sfiall be recorded on the journal. 

Ten. Every senator, or representative, before taking his seat, shall 
take an oath, or affirmation, to support the Constitution of the United 
States, and of this State; that he has not practised any unlawful 
means, directly or indirectly, to secure his election, and that he has 
not given, or offered, or promised, or caused to be given, or offered, or 
promised, to any person, any money, treat, or thing of value, with 
mtent to affect any vote, or to prevent any person voting at the elec- 
tion at which he was elected. 

Sec. 5. One. The general assembly shall have power to make all 
laws and ordinances, consistent with this constitution, and not repug- 
nant to the Constitution of the United States, which they shall deem 
necessary and proper for the welfare of the State. 
7251— VOL 1—4)7 55 



830 Georgia~1868 

Two. The general assembly may alter the boundaries of, or lay off 
or establish new counties, or abolish counties, attaching the territory 
thereof to contiguous counties ; but no new county shall be established 
except by a vote of two-thirds of each house ; nor shall any county be 
abolished except by a vote of two-thirds of each house, and after the 
qualified voters of the county shall, at an election held for the purpose, 
so decide. 

Sec. 6. One. No money shall be drawn from the treasury except by 
appropriation made by law ; and a regular statement and account of 
the receipt and expenditure of all public money shall be published 
from time to time, and, also, with the laws passed by each session of 
the general assembly. 

Two. No vote, resolution, law, or order, shall pass, granting a dona- 
tion, or gratuity, in favor of any person, except by the concurrence 
of two-thirds or each branch of the general assembly, nor, by any vote, 
to a sectarian corporation or association. 

Three. No law or section of the code shall be amended or repealed 
by mere reference to its title, or to the number of the section m the 
code, but the amending or repealing act shall distinctly and fully 
describe the law to be amended or repealed, as well as the alteration 
to be made ; but this clause shall be construed as directory only to the 
general assembly. 

Four. No law shall be passed by which a citizen shall be compelled 
against his consent, directly or indirectly, to become a stockholder in, 
or contribute to, any railroad or work of public improvement, except 
in the case of the inhabitants of a corporate town or city. In such 
cases, the general assembly may permit the corporate authorities to 
take such stock, or make such contribution, or engage in such work, 
after a majority of the qualified voters of such town or city, voting 
at an election held for the purpose, shall have voted in favor of jthe 
same ; but not otherwise. 

Five. The general assembly shall have no power to grant corporate 
powers and privileges to private companies, except to banking, insur- 
ance, railroad, canal, navigation, mining, express, lumber, manufac- 
turing, and telegraph companies; nor to make or change, election 
precincts ; nor to establish oridges or ferries ; nor to change names 
or legitimate children ; but it shall prescribe, by law, the manner in 
which such powers shall be exercised by the courts. But no charter 
for any bank shall be granted or extended, and no act passed authoriz- 
ing the suspension of specie payments by any bank, except by a vote 
of two-thirds of the general assembly. The general assembly shall 
pass no law naming the State a stockholder m any corporate com- 
pany; nor shall the credit of the State be granted or loaned to aid 
any company without a provision that the whole property of the com- 

Sany shall be bound for the security of the State, prior to any other 
ebt or lien, except to laborers; nor to any company in which there 
is not already an equal amount invested by private persons; nor for 
any other object than a work of public improvement. No provision 
in this constitution for a two-thiras vote of both houses of the general 
assembly shall be construed to waive the necessity for the signature 
of the governor, as in any other cases, except in the case of the two- 
thirds vote required to override the veto. 



Georgia— 1868 831 

Article IV 

EXECUTIVE DEPARTMENT 

Section 1. One. The executive power shall be vested in a governor, 
who shall hold his office during the term of four years, and until such 
time as a successor shall be chosen and qualified, lie shall have a 
competent salary, established by law, which shall not be increased or 
diminished durmg the period for which he shall have been elected; 
nor shall he receive within that period any other emolument from the 
United States, or either of them, or from any foreign power. 

Two. After the first election, the governor shaU be elected quad- 
rennially, by the persons qualified to vote for members of the general 
assembly, on the Tuesday after the first Monday in November, until 
such time be altered by law, which election shall be held at the places 
of holding general elections in the several counties of this State, in 
the same manner as is prescribed for the election of members of the 
general assembly. The returns for every election of governor, after 
the first, shall be sealed up by the managers, separately from other 
returns, and directed to the president of the senate and speaker of 
the house of representatives, and transmitted to his excellency the 
governor, or the person exercising the duties of governor for the time 
being, who shall, without opening the said returns, cause the same 
to be laid before the senate on the day after the two houses shall have 
been organized; and they shall be transmitted by the sejiate to the 
house 01 representatives. The members of each branch of the general 
assembly shall convene in the representative hall, and the president of 
the senate and the speaker of the house of representatives shall open 
and publish the returns in the presence of the general assembly ; and 
the person having the majority of the whole number of votes given 
shall be declared duly elected governor of this State ; but if no person 
have such majority, then from the two persons having the highest 
number of votes, who shall be in life, and shall not decline an election 
at the time appointed for the legislature to elect, the general assem- 
bly shall immediately ele<ct a governor viva voce; and in all cases of 
election of a governor by the general assembly, a majority of the 
votes of the members present shall be necessary for a choice. Con- 
tested elections shall be determined by both houses of the general 
assembly, in such manner as shall be prescribed by law. 

Three. No person shall be eligible to the office of governor who 
shall not have been a citizen of the United States fifteen years, and a 
citizen of this State six years, and who shall not have attamed the age 
of thirty years. 

Four. In case of the death, resignation, or disability of the gov- 
ernor, the president of the senate shall exercise the executive powers 
of the government until such disability be removed or a successor is 
elected and qualified. And in case of the death, resignation, or dis- 
ability of the president of the senate, the speaker of the house of 
representatives shall exercise the executive powers of the government 
until the removal of the disability or the election and qualification of 
a governor. The general assembly shall have power to provide by 
law for filling unexpired terms by a special election. 



832 Georgia— 1868 

Five. The governor shall, before he enters on the duties of his office, 
take the following oath or affirmation: "I do solemnly swear (or 
affirm, as the case may be) that I will faithfullv execute the office of 
governor of the State of Georgia, and will, to the best of my ability, 
preserve, protect, and defend the constitution thereof, and the Con- 
stitution of the United States of America." 

Sec. 2. One. The governor shall be commander-in-chief of the army 
and navy of this State, and of the militia thereof. 

Two. He shall have power to grant reprieves and pardons, to com- 
mute penalties, and to remit any part of a sentence for offences against 
the State, except in cases of imjpeachment. 

Three. He shall issue writs of election to fill all vacancies that 
happen in the senate or house of representatives, and shall have power 
to convoke the general assembly on extraordinary occasions, and shall 
give them, from time to time, information of the state of the common- 
wealth, and recommend to their consideration such measures as he 
may deem necessary and expedient. 

Four. When any office shall become vacant by death, resignation, 
or otherwise, the governor shall have power to fill such vacancy, unless 
otherwise provided by law; and persons so appointed shall continue 
in office until a successor is appointed, agreeably to the mode jjointed 
out by this constitution, or by law, in pursuance thereof. 

Five. A person once rejected by the senate shall not be reappointed 
by the governor to the same office during the same session, or the 
recess thereafter. 

Six. The governor shall have the revision of all bills passed by both 
houses before the same shall become laws, but two-thirds of each house 
may pass a law, notwithstanding his dissent, and if any bill should 
not be returned by the governor within five days (Sunday excepted) 
after it has been presented to him, the same shall be a law, unless the 
general assembly, by their adjournment, shall prevent its return. He 
may approve any appropriation and disapprove any other appropria- 
tion in the same bill, and the latter shall not be effectual unless pa^ed 
by two-thirds of each house. 

Seven. Everj^ vote, resolution, or order, to which the concurrence 
of both houses mav be necessary, except on a question of election or 
adjournment, shall be presented to the governor, and before it shall 
take effect be approved by him, or, being disapproved, shall be re- 
passed by two-thirds of each house, according to the rules and limita- 
tions prescribed in case of a bill. 

Eight. There shall be a secretary of state, a comptroller-general, a 
treasurer, and surveyor-general, elected by the general assembly, and 
thev shall hold their offices for the like period as the governor, and 
shall have a competent salary, which shall not be increased or dimin- 
ished during the period for w^hich they shall have been elected. The 
general assembly may, at any time, consolidate any two of these 
offices, and require all the duties to be discharged by one officer. 

Nine. The great seal of the State shall be deposited in the office of 
the secretary of state, and shall not be affixed to any instrument of 
writing but by order of the governor, or general assembly; and that 
now in use shall l>e the great seal of the State until otherwise provided 
by law. 

Ten. The governor shall have power to appoint his own secretaries, 
not exceeding two in number, unless more shall be authorized by the 
general assembly. 



Georgia.— 1868 833 

Article V 



JUDICIAL DEPARTMENT 



Section 1. One. The judicial powers of this State shall be vested 
in a supreme court, superior courts, courts of ordinary, justices of the 
peace, commissioned notaries public, and such other courts as have 
been or may be established by law. 

Sec. 2. One. The supreme court shall consist of three judges, two 
of whom shall constitute a quorum. AVhen a majority of the judges 
are disqualified from deciding any case^ by interest or otherwise, the 
governor shall designate certain judges of the superior courts to sit 
in their stead. At the first appointment of judges of the supreme 
court under this constitution, one shall be appointed for four years, 
one for eight years, and one for twelve years; but all subsequent 
appointments, except to fill unexpired terms, shall be for the term of 
twelve years. 

Two. The supreme court shall have no ori^nal jurisdiction, but 
shall be a court alone for the trial and correction of errors from the 
superior courts and from the city courts of Savannah and Augusta, 
and such other like courts as may be hereafter established in other 
cities ; and shall sit at the seat oi government at such times in each 
year as shall be prescribed by law, for the trial and determination of 
writs of error from said superior and city courts. The days on which 
the cases from the several circuits and city courts shall be taken up 
by the court shall be fixed by law. 

Three. The supreme court shall dispose of every case at the first 
or second term after such writ of error is brought; and in case the 
plaintiff in error shall not be prepared at the first term to prosecute 
the case, unless prevented by providential cause, it shall be stricken 
from the docket, and the judgment below shall stand affirmed. In 
any case the court may, in its discretion, withhold its judgment until 
the next term after the same is arg^ied. 

Four. TMien only two judges sit in any case, and they disagree, 
the judgment below shall stand affirmed. 

Sec. 3. One. There shall be a judge of the superior courts for each 

1'udicial circuit. He may act in other circuits when authorized by 
aw. At the first appointment of such judges under this constitution, 
one-half of the number (as near as may be) shall be appointed for 
four years, and the other half for eight years; but all subsequent 
appointments, except to fill unexpired terms, shall be for the term 
oi eight y^ars. 

Two. The superior courts shall have exclusive jurisdiction in cases 
of divorce; in criminal cases, where the offender is subjected to loss 
of life or confinement in the penitentiary; in cases respecting titles 
to land and equity cases, except as hereinafter provided; but the 
general assembly shall have power to merge the common law and 
equity jurisdiction of said courts. Said courts shall have jurisdiction 
in all other civil cases, except as hereinafter provided. They shall 
have appellate jurisdiction in all such cases as may be provided by 
law; they shall have power to correct errors in inferior judicatories, 
by writ of certiorari^ which shall only issue on the sanction of the 
judge; and to issue writs of mandamus^ prohibition, scire facias^ and 
all other writs that may be necessary for carrying their powers fully 



834 Georgia— 1868 

into effect, and shall have such other powers as shall be conferred on 
them by law. 

Three. There shall be no appeal from one jury in the suf)erior 
courts to another, but the court may grant new trials on legal grounds. 
The court shall render judgment without the verdict of a jury in 
all civil cases founded on contract, where an issuable defence is not 
filed on oath. 

Four. The superior courts shall sit in each county not less than 
twice in each year, at such times as have been or may be ap{X)inted by 
law. 

Sec. 4. One. Until the general assembly shall otherwise direct, 
there shall be a district judge and a district attorney for each sena- 
torial district in this State. 

Two. The district judge shall have jurisdiction to hear and deter- 
mine all offences not punishable with death or imprisonment in the 
penitentiary; and it shall be the duty of the district attorney to 
represent the State in all cases before the district judge. 

Three. The district judge shall sit at stated times, not less than 
once in each month in each county in his district for the trial of 
offences, and at such othertimes as the general assembly may direct. 

Four. Offences shall be tried before the district judge on a writ- 
ten accusation founded on affidavit; said accusation shall plainly 
set forth the offence charged, and shall contain the name of the 
accuser, and be signed by the district attorney. 

Five. There shall be no jury-trial before the district judffe except 
when demanded by the accused, in which case the jury shall consist 
of seven. 

Six. Such civil jurisdiction may be conferred on the district judges 
as the general assembly may direct. 

Seven. The district ]udges and attorneys shall hold their offices for 
a period of four years, and shall receive tor their services such stated 
compensation in their respective districts as may be provided by law, 
but in no event shall their compensation be in anywise dependent on 
fines, forfeitures, or costs. 

Sec. 5. One. The powers of a court of ordinary and of probate shall 
be vested in an ordinary for each county, from whose decision there 
may be an appeal to the superior court, under regulations prescribed 
by law. 

Two. The courts of ordinary shall have such powers in relation to 
roads, bridges, ferries, public buildings, paupers, county officers, 
county funds and taxes, and other matters, as shall be conferred on 
them by law. 

Three. The ordinary shall hold his office for the term of four years, 
and until his successor is elected and qualified. 

Sec. C. One. There shall be in each district one justice of the peace, 
whose official term, except when elected to fill an unexpired term, shall 
be four years. 

Two. The justices' of the pjeace shall have jurisdiction, except as 
hereinafter provided, in all civil cases where the principal sum claimed 
does not exceed one hundred dollars, and may sit at any time for the 
trial of such cases ; but in cases where the sum claimed is more than 
fifty dollars, there may be an appeal to the superior court, under sudi 
re^ilations as may be prescribed by law. 

Three. There shall be no appeal to a jury from the decision of a 
justice of the peace, except as provided in the foregoing paragraph. 



Georgia— 1868 835 

Four. Notaries public may be appointed and commissioned by the 
ffovemor, not to exceed one" for each militia district, for a term of 
four years, and shall be ex-offlcio justices of the peace. 

Sec. 7. One. There shall be an attorney-general of the State, whose 
official term, except when appointed to fill an unexpired term, shall 
be four years. 

Two. It shall be the duty of the attorney-general to act as the legal 
adviser of the executive department, to represent the State in all civil 
and criminal cases in the supreme and superior courts when required 
by the governor, and to perform such other services as shall be 
required of him by law. 

Sec. 8. One. There shall be a solicitor-general for each judicial cir- 
cuit, whose official term, except when appointed to fill an unexpired 
term, shall be four years. 

Two. It shall be the duty of the solicitor-general to represent the 
State in all cases iri the superior courts of his circuit, and m all cases 
taken up from his circuit to the supreme court, and to perform such 
other services as shall be required oi him by law. 

Sec. 9. One. The judges of the supreme and the superior courts, 
the attorney-general, soRcitors-general, and the district judges and 
attorneys, shall be appointed by the governor, with the advice and 
consent of the senate, and shall be removable by the governor on the 
address of two-thirds of each branch of the general assembly, or by 
impeachment and conviction thereon. 

Two. Justices of the peace shall be elected by the legal voters in 
their respective districts, and shall be commissioned by the ffovemor. 
They shall be removable on conviction for malpractice in oflSce. 

Sec. 10. One. The judges of the supreme and superior courts and 
the attorney and solicitors general shall have, out of the State treas- 
ury, adequate and honorable salaries on the specie basis, which shall 
not be increased or diminished during their continuance in office. The 
district judges and district attorneys shall receive, out of the treas- 
uries of the several counties of their districts, adequate compensation, 
on the specie basis, which shall not be increased or diminished during 
their term of office; but said judges shall not receive any other per- 
quisites or emoluments whatever from parties or others on account of 
any duty required of them. 

Two. The general assembly shall provide for the equitable appor- 
tionment of the compensation of the district judges and attorneys 
between the counties composing their districts, and shall require the 
moneys arising from fines and forfeitures in the district courts to be 
paid into the treasuries thereof. 

Three. No person shall be judge of the supreme or superior courts, 
or attorney-general, unless at the time of his appointment he shall 
have attained the age of thirty years, and shall have been a citizen of 
this State three years, and have practised law for seven years. 

Sec. 11. One. No total divorce shall be granted except on the con- 
current verdicts of two juries. When a divorce is granted, the jury 
rendering the final verdict shall determine the rights and disabilities 
of the parties, subject to the revision of the court. 

Sec. 12. One. Divorce cases shall be tried in the county where the 
defendant resides, if a resident of this State. 

Two. Criminal cases shall be tried in the county where the crime 
was committed, except cases in the superior courts when the presiding 



836 Georgia— 1868^ 

judge is satisfied that an impartial jury cannot be obtained in such 
county. 

Three. Cases respecting titles to land shall be tried in the county 
where the land lies, except where a single tract is divided by a county- 
line, in which case the superior court oi either county shall have juris- 
diction. 

Four. Equity cases shall be tried in the countv where a defendant 
resides against whom substantial relief is prayed. 

Five. Suits against joint promisors, copartners, or joint trespassers, 
residing in different counties, may be tried in either county. 

Six. Suits against the maker and indorser of promissory notes, or 
other like instruments, residing in different counties, shall ue tried in 
the county where the maker resides. 

Seven. All other cases shall be tried in the county where the 
defendant resides. 

Sec. 13. One. The right of trial by jury, except where it is otlier- 
wise provided in this constitution, shall remain inviolate. 

Two. The general assembly shall provide by law for the selection 
of upright and intelligent persons to serve as jurors. There shall be 
no distinction between the classes of persons who compose grand and 
petit juries. Jurors shall receive adequate compensation for their 
services, to be prescribed by law. 

Sec. 14. One. The courts heretofore existing in this State styled 
inferior courts are abolished, and their unfinished business, and the 
duties of the justices thereof, are transferred to such tribunals as the 
general assembly may designate. 

Sec. 15. One. The general assembly shall have power to provide 
for the creation of county commissioners in such counties as may 
require them, and to define their duties. 

Sec. 16. One. All courts not specially mentioned by name in the 
first section of this article may be abolisned in any county, at the dis- 
cretion of the general assembly, and the county courts now existing in 
Georgia are hereby abolished. 

Sec. 17. One.** No court of officer shall have, nor shall the general 
assembly give, jurisdiction or authority to try or give judgment on 

o The act of Congress, approved June 25, 1868, admitting the State of Georgia 
to representation in Congress, amended and abridged this subdivision, which in 
the original constitution read as follows : 

" Sec. 17. One. No court in this State shall have Jurisdiction to try or deter- 
mine any suit against any resident of this State upon any contract or agreement 
made or implied, or upon any contract made in renewal of any debt existing 
prior to the 1st day of June, 1865 ; nor shall any court or ministerial officer of 
this State have authority to enforce any Judgment, execution, or decree ren- 
dered or issued upon any contract or agreement made or implied, or upon any 
contract in renewal of a debt existing prior to the 1st day of June, 1865, except 
in the following cases : 

" 1. In suits against trustees, where the trust-property is in the hands of the 
trustee, or has been invested by him in other specific effects now in his hands, 
and in suits by the vendor of real estate against the vendee, where not more than 
one-third of the purchase-money has been paid, and the vendee is in possession 
of the land or specific effects for which he has sold it, and he refuses to deliver 
the land or said effects to the vendor. In such cases the courts and officers 
may entertain Jurisdiction and enforce Judgments against said trust-property or 
land or effects. 

*' 2. In suits for the benefit of minors by trustees appointed before the 1st day 
of June, 1865. 

" 3. In suits against corporations in their coriwrate capacity, but not so as to 



Georgia— 1868 837 

or enforce any debt, the consideration of which was a slave or slaves, 
or the hire thereof. 

Two. All contracts made and not executed during the late rebellion, 
with the intention and for the purpose of aiding and encouraging said 
rebellion, or where it was the purpose and intention of any one of the 
parties to such contract to aid or encourage such rebellion, and that 
fact was known to the other party, whether said contract was made 
by any person or corporation with the State or Confederate States, or 
by a corporation with a natural person, or between two or more 
natural persons, are hereby declared to have been and to be illegal, 
and all bonds, deeds, promissory notes, bills, or other evidences or 
debt, made or executed by the parties to such contract, or either of 
Ihem, in connection with such illegal contract, or as the consideration 
therefor or in furtherance thereof j are hereby declared null and void, 
and shall be so held in all courts in this State when attempt shall be 
made to enforce any such contract or give validity to any such obliga- 
tion or evidence oi debt. And in all cases when the defendant or 
any one interested in the event of the suit will make a plea, supported 
bv his or her affidavit, that he or she has reason to believe that the 
ooli^tion or evidence of indebtedness upon which the suit is predi- 
cated, or some part thereof, has been given or used for the illegal 
purpose aforesaid, the burden of proof shall be upon the plantiff to 
satisfy the court and jury that the bond, deed, note, bill, or other 
evidence of indebtedness upon which said suit is brought, is or are 
not, nor is any part thereor, founded upon or in any way connected 
with any such illegal contract, and has not been used in aid of the 
rebellion, and the date of such bond, deed, note, bill, or other evidence 
of indebtedness shall not be evidence that it has or has not, since its 
date, been issued, transferred, or used in aid of the rebellion.* 

enforce the debt against the stockholders or officers thereof In their individual 
capacity. 

" 4. In suits by charitable or literary institutions for money loaned, property 
(other than slaves) sold, or services rendered by such institutiona 

"5. In suits on debts due for mechanical or manual labor when the suit is by 
the mechanic or laborer. 

" 6. In cases when the debt is set up by way of defence, and the debt set up 
exceeds any debt due by defendant to piaintilT of which the courts are denied 
jurisdiction. 

" 7. In all other cases in which the general assembly shall, by law, give the 
said courts and officers jurisdiction: Provided, That no court or officer shall 
have, nor shall the general assembly give, jurisdiction or authority to try or 
give judgment on or enforce any debt, the consideration of which was a slave or 
slaves, or the hire thereof." 

« The act of Congress, approved June 25, 1868, admitting the State of Georgia 
to representation in Congress, declared null and void a third subdivision of 
section seventeen of the fifth article, which in the original constitution read 
ns follows: 

" Three. It shall be in the power of the general assembly to assess and collect 
upon all debts, judgments, or causes of action when due, founded on any contract 
made or implied before the 1st day of June, 1865, in the hands of any one in 
his own right, or as trustee, agent, or attorney of another, on or after the 1st 
day of January, 1868, a tax of not exceeding twenty-five per cent, to be paid 
by the creditor on pain of the forfeiture of the debt, but chargeable by him as 
to one-half thereof against the debtor, and collectible with the debt: Provided, 
That this tax shall not be collected if the debt or cause of action be abandoned 
or settled without legal process, or, if in Judgment, be settled without levy and 
sale: And provided further, That this tax shall not be levied so long as the 
courts of this State shall not have jurisdiction of such debts or causes of 
action." 



838 Georgia— 1868 

Article VI 

EDUCATION 

One. The general assembly, at its first session after the adoption 
of this constitution, shall provide a thorough system of general 
education, to be forever free to all children of the State, the expense 
of which shall be provided for by taxation or otherwise. 

Two. The office of State school commissioner is hereby created, 
lie shall be appointed by the governor with the consent of the senate, 
and shall hold his office for the same term as the governor. The 
general assembly shall provide for the said commissioner a competent 
salary and necessary clerks. He shall keep his office at the seat of 
government. 

Three. The poll-tax allowed by this constitution, any educational 
fund now belonging to this State, except the endowment of and debt 
due to the State university, or that may hereafter be obtained in any 
way, a special tax on snows and exhibitions, and on the sale of 
spirituous and malt liquors, which the general assembly is hereby 
authorized to assess, and the proceeds from the commutation for 
militia service, are hereby set apart and devoted to the support of 
common schools. And ir the provisions herein made shall, at any 
time, prove insufficient, the general assembly shall have power to 
levy such general tax upon the property of the State as may be 
necessary for the support of said school-system. And there shall 
he established, as soon as practicable, one or more common schools in 
each school-district in this State. 

Article VII 

HOMESTEAD AND EXEMPTION 

Section 1. One. Each head of a family, or guardian, or trustee, 
of a family of minor children, shall be entitled to a homestead of 
realty to the value of $2,000 in specie, and personal property to the 
value of $1,000 in specie, both to be valued at the time they are set 
apart. And no court or ministerial officer in this State shall ever 
have jurisdiction or authority to enforce any judgment, decree, or 
execution against said property so set apart, including such improve- 
ments as may be made thereon, from time to time, except for taxes, 
money borrowed and expended in the improvement of the homestead, 
or for the purchase-money of the same, and for labor done thereon, or 
material furnished therefor, or removal of encumbrances thereon. 
And it shall be the duty of the general assembly, as early as prac- 
ticable, to provide, by law, for the setting apart and valuation of said 
property, and to enact laws for the full and complete protection and 
security of the same to the sole use and benefit of said families as 
aforesaid. 

Two. All property of the wife, in her possession at the time of her 
marriage, and all property given to, inherited, or acquired by her, 
shall remain her separate property, and not liable for the debts of her 
husband. 



Georgia— 1868 839 

Article VIII 

MILITIA 

Section 1. The militia shall consist of all able-bodied male persons 
between the ages of eighteen and forty-five years, except such as may 
l)e exempted by the laws of the United States or this State ; and shall 
he organized, officered, armed, equipped, and trained in such manner 
as may be provided hj law; subject to the paramount authority of 
Congress over this subject. 

Sec. 2. Volunteer companies of cavalry, infantry, or artiUery may 
be formed in such manner, and with such restrictions, as may he pro- 
vided by law. 

Sec. 3. No person conscientiously opposed to bearing arms shall 
be compelled to do militia duty, but such person shall pay an equiva- 
lent for exemption ; the amount to be prescribed by law and appro- 
priated to the common-school fund. 

Article IX 

COUNTY OFFICERS 

One. The county officers recognized as existing by the laws of 
this State, and not abolished by this constitution, shall, where not 
otherwise provided for in this constitution, be elected by the Qualified 
voters of their respective counties or districts, and shall hold their 
offices for two years. They shall be removable on conviction for mal- 
practice in office, or on the address of two-thirds of the senate. 

Article X 

SEAT OF GOVERNMENT 

One. The seat of government of this State, from and after the date 
of the ratification or this constitution, shall be in the city of Atlanta, 
and the general assembly shall provide for the erection of a new 
capitol, and such other buildings as the public welfare may require. 

Two. The general assembly shall have power to provide for the 
temporary removal of the seat of government in case of invasion, 
pestilence, or other emergency. 

Artici^e XI 

THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE ARE 

• One. As the supreme law, the Constitution of the United States, 
the laws of the United States in pursuance thereof, and all treaties 
made under the authority of the united States. 

Two. As next in authority thereto, this constitution. 

Three. In subordination to the foregoing, all acts passed by any 
legislative body, sitting in this State as such, since the 19th day of 
January, 1861,' including that body of laws known as the code of 



840 Georgia— 1868 

Georgia, and the acts amendatory thereof, or passed since that time, 
which said code and acts are embodied in the printed book known as 
" Irwin's Code ; " and also so much of the common and statute laws 
of England, and of the statute laws of Georgia, as were in force in 
this State on the 19th day of December, 1860, as are not superseded 
bj^ said code, though not embodied therein, except so much of the 
said several statutes, code, and laws as may be inconsistent with the 
supreme law herein recognized, or may have been passed in aid of 
the late rebellion against the United States, or may be obsolete, or 
may refer to persons held in slavery, which excepted laws are inoper- 
ative and void ; and any future general assembly shall be competent 
to alter or repeal (if not herein prohibited) any portion of the laws 
declared to be of force in this third specification of this clause of 
this article; and if in any of said laws herein declared of force the 
word " Confederate " occurs before the word " States," such law 
is hereby amended bv substituting the word " United " for the word 
"Confederate." 

Four. Local and private acts passed for the benefit of counties, 
cities, towns, corporations, and private persons, not inconsistent with 
the supreme law, nor with this constitution, and which have not 
expired or been repealed, shall have the force of statute law, subject 
to judicial decision as to their validity when passed, and to any limi- 
tatons imposed by their own terms. 

Five. All rights, privileges, and immunities which may have vested 
in, or accrued to, any person or persons, or corporation, in his, her, 
or their right, or in any fiduciary capacity, under any act of any 
legislative body sitting in this State as such, or of any decree, judg- 
ment, or order of any court, sitting in this State, under the laws then 
of force and operation therein, and recognized by the people as a 
court of competent jurisdiction, since the 19th day of January, 1861, 
shall be held inviolate by all the courts of this State, unless attacked 
for fraud, or unless otherwise declared invalid by, or according to, 
this constitution. 

Six. The records, dockets, books, papers, and proceedings of any 
court or office existing in this State by the laws thereof on the 19th of 
January, 1861, or purporting to exist by said laws, and recognized 
and generally obeyed by the people, as such, since the said time, and 
before the several courts and officers provided for by this constitution 
shall have gone into actual operation, shall be transferred to the 
several courts and offices of the same name or functions by this con- 
stitution provided for, and shall have force and be executed, per- 
fected, and performed therein, and thereby, as follows, and not 
otherwise, to wit : 

Final judgments, decrees, proceedings, and acts fully executed and 
performed, or not requiring performance or execution, shall have 
full force and effect as though no interruption had taken place in the 
legal succession of said courts and offices, except as herein otherwise 
provided. Proceedings not final, and judgments and decrees not 
fully executed or performed, shall proceed and be performed in such 
cases, and such cases only, as this constitution, or the laws made in 
pursuance thereof, confer jurisdiction and authority over the causes 
of actions on which said cases, judgments, decrees, or proceedings, 
civil or criminal, are founded: Provided, That all said judgments, 
decrees, and proceedings shall be subject to be set aside, or reversed, 



Georgia— 1868 841 

or vacated, by proceedings in the several courts having custody of the 
records, as though they were the judgments of said courts, and shall 
be subject always to be explained as to the meaning of the word dol- 
lar or dollars, as used in the same, and no motion for a new trial, bill 
of review, or other proceeding, to vacate any judgment, order, or 
decree, made since the 19th of January, 1861, by any of said courts, 
for fraud, illegality, or error of law, shall be denied, by reason of the 
same not having been moved in time ; provided said motion or appli- 
cation is made in twelve months from the adoption of this constitution. 

Seven. The books, papers, and proceedings of the inferior courts 
shall be transferred to, and remain in, the control of the ordinaries, 
who shall perform the duties of said courts until otherwise provided 
by law. The books, papers, and proceedings of the county courts, 
and the unfinished business thereof, shall be transferred to the 
superior courts, and the same shall be finished and performed by the 
said superior courts and the officers thereof, in such cases, and in 
such cases only, as the said courts are, by this constitution or the 
laws made in pursuance thereof, granted jurisdiction over the subject- 
matter or debts on which said cases and judgments, civil or criminal, 
are founded. 

Eight. The cases pending and the judgments had and made in the 
city courts of Savannah and Augusta, and in the various justices' 
courts in this State, shall be finished and the judgments performed by 
the city courts, and officers and justices provided by this constitution 
in such cases, and such only, as by this constitution jurisdiction is 
given to said courts and officers over the causes of action on which 
thev are founded. 

l?ine. The judgments and proceedings of courts and acts of officers 
within their jurisdiction, as provided by law, shall be valid notwith- 
standing the judges of said courts or tlie said officers were appointed 
by the military authorities of the United States, and any of said 
judgments, or acts, or proceedings made or done under or by virtue 
of, or in accordance witn, the orders of said military authorities, duly 
made, are as valid as if done under a law of this State. 

Ten. These several acts of confirmation shall not be construed to 
divest any vested right, nor to make any act criminal otherwise not 
Criminal, but they shall be construed as acts of peace and to prevent 
injustice: Provided^ That nothing in this constitution shall be so 
construed as to make valid any acts done by, or before any such 
de facto officer, which would, by legalizing such acts, render that 
criminal which was not criminal when done, or cause any act not 
legally criminal when done to become criminal by giving validity to 
such act after it was done; but all such acts shall be held by the courts 
to be null and void. 

Eleven. Should this constitution be ratified by the people, and Con- 
gress accept the same with any qualifications or conditions, the gov- 
ernment herein provided for, and the officers elected shall neverthe- 
less exist and continue in the exercise of their several functions, as 
the government of this State, so far as the same may be consistent 
with the action of the United States in the premises. 

Twelve. The ordinances of this convention on the subject of the 
first election, and the first general assembly, shall have the force of 
laws, until they expire by their own limitation, and all other ordi- 
nances of a mere legislative character shall have the force of laws, 
until otherwise provided by the general assembly. 



842 Georgia— 1877 

Article XII 

AMENDMENTS TO THE <X)N8TITUTI0N 

One. This constitution may be amended by a two-thirds vote of 
two successive legislatures, and hy a submission of the amendment to 
the qualified voters for final ratification. But the general assembly 
shall not call a convention of the people in the election of delegates 
to which any person qualified to vote by this constitution shall be 
disqualified. And the representation in said convention shall be based 
on population. Nor shall the right of suffrage ever be taken from 
any person qualified by this constitution to vote. 

JosiAH R. Pariiott, Prenidefd. 

P. M. Sheibley, Sei-retary, 



CONSTITUTION OF OEOEOIA— 1877 « 
BiLX. OF Rights 

PREAMBLE 

To perpetuate the principles of free government, insure justice to 
all, preserve peace, promote the interest and happiness of the citizen, 
and transmit to posterity the enjoyment of liberty, we, the people of 
Georgia, relying upon the protection and guidance of Almighty Grod, 
do ordain and establish this Constitution : 

Article I 
Section I 

Paragraph I. All government, of right, originates with the people, 
is foimded upon their will only, and is instituted solely for the good 
of the whole. Public officers are the trustees and servants or the 
people, and, at all times, amenable to them. 

Par. II. Protection to person and property is the paramount duty 
of government, and shall be impartial and complete. 

Par. III. No person shall be deprived of life, liberty, or property, 
except by due process of law. 

Par. IV. No person shall be deprived of the right to prosecute or 
defend his own cause in any of the courts of this State, in person, by 
attorney, or both. 

Par. V. Every person charged with an offense against the laws of 
this State shall have the privilege and benefit of counsel; shall lie 
furnished, on demand, with a copy of the accusation, and a list of 
the witnesses on whose testimony the charge against him is foundetl : 
shall have compulsory process to obtain the testimony of his own 
witnesses; shall be confronted with the witnesses testifying against 
him, and shall have a public and speedy trial by an impartial jury. 

sTournal of the Constitutional Convention of the People of Georgia, Held 
In The City Of Atlanta In The Months Of July And August, 1877. AUanta. 
Georgia. 1877. pp. 575-631. 



Georgia— 1877 843 

Par. VI. No person shall be compelled to give testimony tending 
in any manner to criminate himself. 

Par. VII. Neither banishment beyond the limits of the State, nor 
whipping, as a punishment for crime, shall be allowed. 

Par. VIII. No person shall be put in jeopardy of life, or liberty, 
more than once for the same offense, save on his, or her, own motion 
for a new trial after conviction, or in case of mistriaL 

Par. IX. Excessive bail shall not be required^ nor excessive fines 
imposed, nor cruel and unusual punishments inflicted ; nor shall any 
person be abused in being arrested, while under arrest, or in prison. 

Par.-X. No person shall be compelled to pay costs, except after con- 
viction on final trial. 

Par. XI. The writ of Habeas Corpus shall not be suspended. 

Par. XII. All men have the natural and inalienable right to wor- I 
ship God, each according to the dictates of his own conscience, and no 1 
human authority should, in any case, control or interfere with such ] 
right of conscience. 

Par. XIII. No inhabitants of this State shall i)e molested in person , 
or propertv, or prohibited from holding any public office, or trust, on 
account of his religious opinions; but the right of liberty of con- 
science shall not be so construed as to excuse acts of licentiousness, or 
justify practices inconsistent with the peace and safety of the State. , 

Par. AlV. No money shall ever be taken from the public Treasury, 
directly or indirectly, in aid of any church, sect, or denomination of \ 
religionists, or of any sectarian institution. 

Par. XV. No law shall ever be passed to curtail, or restrain, the 
liberty of speech, or of the press; any person may speak, write, and' 
publish his sentiments, on all subjects, being responsible for the 
abuse of that libertjr. 

Par. XVI. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seizures, 
shall not be violated; and no warrant shall issue except upon 
probable cause, supported by oath, or affirmation, particularly describ- 
ing the place, or places, to be searched, and the persons or things to 
be seized. 

Par. XVII. There shall be within the State of Georgia neither 
slaveiy nor involuntary servitude, save as a punishment for crime 
after le^l conviction thereof. • 

Par. aVIII. The social status of the citizen shall never be the 
subject of legislation. 

Par. XIX. The civil authoritv shall be superior to the military, 
and no soldier vshall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, except by the 
civil magistrate, in such manner as may be provided by law. 

Par. XX. The power of the Courts to punish for contempt, shall 
be limited by legislative acts. 

Par. XXI. There shall be no imprisonment for debt. 

Par. XXII. The right of the people to keep and bear arms, shall . 
not be infringed, but the General Assembly shall have power to pre- 
scribe the manner in which arms may be borne. 

Par. XXIII. The legislative, judicial and executive powers shall 
forever remain separate and distmct, and no person discharging the 



844 Georgia— 1877 

duties of one, shall, at the same time, exercise the functions of either 
of the others, except as herein provided. 

Par. XXIV. The people have the right to assemble peaceably for 
their common good and to apply to tnose vested with the powers 
of government, for redress or grievances^ by petition or remonstrance. 

Par. XXV. All citizens of the United States, resident in this 
State, are hereby declared citizens of this State ; and it shall be the 
duty of the General Assembly to enact such laws as will protect them 
in the full enjoyment of the rights, privileges and immunities due 
to such citizenship. 

Section II 

Paragraph I. In all prosecutions or indictments for libel tlie truth 
may be given in evidence; and the jury in all criminal cases, shall 
be the judges of the law and the facts. The power of the Judges 
to grant new trials in cases of conviction, is preserved. 

Par. II. Treason against the State of Georgia, shall consist in 
levying war against her; adhering to her enemies; giving them aid 
and comfort. No person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or confession 
in open court. 

Par. III. No conviction shall work corruption of blood or forfeit- 
ure of estate. 

Par. IV. All lotteries, and the sale of lottery tickets, are hereby 
prohibited ; and this prohibition shall be enforced by penal laws. 

Par. V. Lobbying is declared to be a crime, and the General Assem- 
bly shall enforce this provision by suitable penalties. 

Par. VI. The General Assembly shall have the power to provide 
for the punishment of fraud; and shall provide, by law, for reaching 
property of the debtor concealed from the creditor. 

Section III 

Paragraph I. In cases of necessity, private ways may be granted 
upon just compensation being first paid by the applicant. Private 
property shall not be taken, or damaged, for public purposes, without 
just and adequate compensation being first paid. 

Par. II. No bill of attainder, ex post facto law, retroactive law, or 
law impairing the obligation of contracts, or making irrevocable 
grants of special privileges or immunities, shall be passed. 

Par. III. No grant oi special privileges or immunities shall be 
revoked, except in such manner as to work no injustice to the corpora- 
tors or creditors of the incorporation. 

Section IV 

Paragraph I. Laws of a general nature shall have uniform opera- 
tion throughout the State, and no special law shall be enacted in any 
case for wTiich provision has been made by an existin^g general law. 
No general law affecting private rights, shall be varied in any particu- 
lar case, by special legislation, except with the free consent, in writ- 



Georgia— 1877 845 

ing, of all persons to be affected thereby ; and no person under legal 
disability to contract, is capable of such consent. 

Par. II. Legislative acts in violation of this Constitution, or the 
Constitution of the United States, are void, and the Judiciary shall 
so declare them. 

Section V 

Paragraph I. The people of this State have the inherent, sole and 
exclusive right of regulating their internal government, and the police 
thereof, and of altering and abolishing their Constitution whenever 
it may be necessary to their safety and happiness. 

Par. II. The enumeration of rights herein contained as a part of 
this Constitution, shall not be construed to deny to the people any 
inherent rights which they may have hitherto enjoyed. 

Article II 

ELECTIVE FRANCHISE 
Section I 

Paragraph I. In all elections by the people, the electors shall vote 
by ballot. 

Par. II. Every male citizen of the United States, (except as here- 
inafter provided) twenty-one years of age, who shall have resided in 
this State one year next preceding the election, and shall have 
resided six months in the county in which he offers to vote, and shall 
have paid all taxes which may hereafter be required of him, and 
which he may have had an opportunity of paying, agreeably to law, 
except for the year of the election, shall be deemed an elector : Pro- 
vided, that no soldier, sailor or marine in the military or naval service 
of the United States, shall acquire the rights of an elector, by reason 
of being stationed on duty in this State ; and no person shall vote who, 
if chalfenged, shall refuse to take the following oath, or affirmation : 
" I do swear (or affirm) that I am twenty-one years of age, have 
resided in this State one year, and in this county six months, next 
preceding this election. I have paid all taxes which, since the adop- 
tion of the present Constitution of this State, have been required of 
me previous to this year, and which I have had an opportunity to 
pay, and I have not voted at this election." 

Section II 

Paragraph I. The General Assembly may provide, from time to 
lime, for the registration of all electors, but the following classes of 
persons shall not be permitted to register, vote or hold any office, or 
appointment of honor or trust in this State, to-wit: 1st. Those who 
shall have been convicted, in dny court of competent jurisdiction, of 
treason against the State, of embezzlement of public funds, mal- 
feasance in office, bribery or larceny, or of any crime involving moral 
turpitude, punishable by the laws of this State with imprisonment 
in the penitentiary, unless such person shall have been pardoned. 
2d. Idiots and insane persons. 
7251— vol 1—07 56 



846 Georgia— 1877 

Section III 

Paragraph I. Electors shall, in all cases, except for treason, felony, 
larceny, and breach of the peace, be privileged from arrest during 
their attendance on elections, and in going to and returning from the 
same. 

Section IV 

Paragraph I. No person who is the holder of any public money, 
contrary to law, shall be eligible to any office in this State, until the 
same is accounted for and paid into the Treasury. 

Par. II. No person who, after the adoption of this Constitution, 
being a resident of this State, shall have been convicted of fighting a 
duel in this State, or convicted of sending, or accepting a challenge, 
or convicted of aiding, or abetting such duel, shall hold office in this 
State, unless he shall have been j)ardoned; and every such person 
shall, also, be subject to such punishment as may be prescribed by 
law. 

Section V 

Paragraph I. The General Assemblv shall, by law, forbid the sale, 
distribution, or furnishing of intoxicating drinks within two miles of 
election precincts, on days of election — State, county or municipal — 
and prescribe punishment for any violation of the same. 

Section VI 

Paragraph I. Returns of election for all civil officers elected by the 
people, who are to be commissioned by the Governor, and, also, for 
the members of the General Assembly, shall be made to the Secre- 
tary of State, unless otherwise providecl by law. 

Article III 

LEGISLATIVE DEPARTMENT 
Section I 

' Paragraph I. The legislative power of the State shall be vested in 
a General Assembly which shall consist of a Senate and House of 
Representatives. 

Section II 

Paragraph I. The Senate shall consist of forty-four members. 
There ^lall be forty-four Senatorial Districts, as now arranged by 
counties. Each District shall have one Senator. 

Par. II. The First Senatorial District shall be composed of the 
counties of Chatham, Bryan and Effingham. 

The Second Senatorial District shall be composed of the counties of 
Liberty, Tatnall and Mcintosh. 

The Third Senatorial District shall be composed of the counties of 
Wayne, Pierce and Appling. 

The Fourth Senatorial District shall be composed of the counties of 
Glynn, Camden, and Charlton. 

The Fifth Senatorial District shall be composed of the counties of 
Coffee, Ware, and Clinch. 



Georgia— 1877 • 847 

The Sixth Senatorial District shall be composed of the counties of 
Echols, Lowndes, and Berrien. 

The Seventh Senatorial District shall be composed of the counties 
of Brooks, Thomas, and Colquitt. 

The Eighth Senatorial District shall be composed of the counties of 
Decatur, Mitchell and Miller. 

The Ninth Senatorial District shall be composed of the counties of 
Early, Calhoun and Baker. 

The Tenth Senatorial District shall be composed of the counties of 
Dougherty, Lee and Worth. 

The Eleventh Senatorial District shall be composed of the counties 
of Clay, Randolph and Terrell. 

The Twelfth Senatorial District shall be composed of the counties 
of Stewart, Webster and Quitman. 

The Thirteenth Senatorial District shall be composed of the coun- 
ties of Sumter, Schley and Macon. 

The Fourteenth Senatorial District shall be composed of the coun- 
ties of Dooly, Wilcox, Pulaski and Dodge. 

The Fifteenth Senatorial District shall be composed of the counties 
of Montgomery, Telfair and Irwin. 

The Sixteenth Senatorial District shall be composed of the counties 
of Laurens, Emanuel and Johnson. 

The Seventeenth Senatorial District shall be composed of the coun- 
ties of Screven, Bulloch and Burke. 

The Eighteenth Senatorial District shall be composed of the coun- 
ties of Richmond, Glasscock and Jefferson. 

The Nineteenth Senatorial District shall be composed of the coun- 
ties of Taliaferro, Greene and Warren. 

The Twentieth Senatorial District shall be composed of the counties 
of Baldwin, Hancock and Washington. 

The Twenty-first Senatorial District shall be composed of the coun- 
ties of Twiggs, Wilkinson and Jones. 

The Twenty-second Senatorial District shall be composed of the 
counties of Bibb, Monroe and Pike. 

The Twenty-third Senatorial District shall be composed of the 
counties of Houston, Crawford and Taylor. 

The Twenty-fourth Senatorial District shall be composed of the 
counties of Muscogee, Marion and Chattahoochee. 

The Twenty-fitth Senatorial District shall be composed of the 
counties of Harris, Upson and Talbot. 

The Twenty-sixth Senatorial District shall be composed of the 
counties of Spalding, Butts and Fayette. 

The Twenty-seventh Senatorial District shall be composed of the 
counties of Newton, Walton, Clarke, Oconee and Rockdale. 

The Twenty-eighth Senatorial District shall be composed of the 
counties of Jasper, Putnam and Morgan. 

The Twenty-ninth Senatorial District shall be composed of the 
counties of Wilkes, Columbia, Lincoln and McDufEe. 

The Thirtieth Senatorial District shall be composed of the counties 
of Oglethorpe, Madison and Elbert. 

The thirty-first Senatorial District shall l)e composed of the coun- 
ties of Hart, Habersham and Franklin. 

The Thir^-Second Senatorial District shall be composed of the 
counties of White, Dawson and Lumpkin. 



848 ' Georgia^l877 

The Thirty-third Senatorial District shall be composed of the coun- 
ties of Hall, Banks and Jackson. 

The Thirty-fourth Senatorial District shall be composed of the 
counties of Gwinnett, DeKalb and Henry. 

The Thirty-fifth Senatorial District shall be composed of the coun- 
ties of Clayton, Cobb and Fulton. 

The Thirty-sixth Senatorial District shall be composed of the coun- 
ties of Campbell, Coweta, Meriwether, Douglass. 

The Thirty-seventh Senatorial District shall be composed of the 
counties of Carroll, Heard and Troup. 

The Thirty-eighth Senatorial District shall be composed of the 
counties of Haralson, Polk and Paulding. 

The Thirty-ninth Senatorial District shall be composed of the 
counties of Milton, Cherokee and Forsyth. 

The Fortieth Senatorial District shall be_ composed of the counties 
of Union, Towns and Rabun. 

The Forty-first Senatorial District shall be composed of the coun- 
ties of Pickens, Fannin and Gilmer. 

The Forty-second Senatorial District shall be composed of the 
counties of Bartow, Floyd and Chattooga. 

The Forty-third Senatorial District shall be composed of the coun- 
ties of Murray, Gordon and Whitfield. 

The Forty- fourth Senatorial District shall be composed of the 
counties of Walker, Dade and Catoosa. 

Par. III. The General Assembly may change these districts after 
each census of the United States : Provided, That neither the number 
of Districts nor the number of Senators from each District shall be 
increased. 

Section III 

Paragraph I. The House of Representatives shall consist of one 
hundred and seventj-five Representatives, apportioned among the 
several counties as follows, to-wit: To the six counties having the 
largest pouplation, viz: Chatham, Richmond, Burke, Houston, Bibb 
and Fulton, three Representatives, each ; to the twenty-six counties 
having the next largest population, viz: Bartow, Coweta, Decatur, 
Floyd, Greene, Gwinnett, Harris, Jefferson, Meriwether, Monroe, 
Muscogee, Newton, Stewart, Sumter, Thomas, Troup, Washington, 
Hancock, Carroll, Cobb, Jackson, Dougherty, Oglethorpe, Macon, 
Talbot and Wilkes, two Representatives, each ; and to the remaining 
one hundred and five counties, one Representative each. 

Par. II. The above apportionment shall be changed by the General 
Assembly at its first session after each census taken by the Unite<l 
States Government, so as to give to the six counties having the largest 
population three Representatives, each ; and to the twenty-six counties 
having the next largest population two Representatives, each ; but in 
no event shall the aggregate number of Representatives be increased. 

Section IV 

Paragraph I. The meml>ers of the General Assembly shall be 
elected for two years, and shall serve until their successors are 
elected. 

Par. II. The first election for members of the General Assembly, 
under this Constitution, shall Uike place on the first Wednesday in 



Georgia— 1877 849 

December, 1877, the second election for the same shall be held on the 
first Wednesday in October 1880, and subsequent elections biennially, 
on that day, until the day of election is changed by law. 

Par. III. The first meeting of the General Assembly, after the 
ratification of this Constitution, shall be on the first Wednesday in 
November, 1878, and biennially thereafter, on the same day, until the 
day shall be changed by law. But nothing herein contained shall be 
construed to prevent the Governor from calling an extra session of 
the General Assembly before the first Wednesday in November, 1878, 
if, in his opinion, the public good shall require it. 

Par. IV. A majority of each house shall constitute a quorum to 
transact business; but a smaller number may adjourn from day to 
day and compel the presence of its absent members, as each house 
may provide. 

Par. V. Each Senator and Representative, before taking his seat, 
shall take the following oath, or aflirmation, to- wit : " I will support 
the Constitution of this State, and of the United States, and on all 
questions and measures which may come before me, I will so conduct 
myself, as will, in my judgment, be most conducive to the interests 
and prosperity of this State." 

Par. VI. No session of the General Assembly shall continue longer 
than forty days, unless by a two-thirds vote of the whole number of 
each house. 

Par. VII. No person holding a military commission, or other ap- 
pointment, or office, having any emolument, or compensation annexed 
thereto, under this State, or the United States, or either of them, 
except Justices of the Peace and officers of the militia, nor any 
defaulter for public money, or for any legal taxes required of him, 
shall have a seat in either house; nor shall any Senator, or Repre- 
sentative, after his qualification as such, be elected by the General 
Assembly, or appointed by the Governor, either with or without the 
advice and consent of the Senate, to any office or appointment having 
any emolument annexed thereto during the time for which he shall 
have been elected. 

Par. VIII. The seat of a member of either house shall l)e vacated 
on his removal from the district or county from which he was elected. 

Section V 

Paragraph I. The Senators shall be citizens of the United States, 
who have attained the age of twenty-five years, and who shall have 
been citizens of this State for four years, and for one year residents 
of the district from w^hich elected. 

Par. II. The presiding officer of the Senate shall be styled the 
President of the Senate, and shall l>e elected viva voce from tlie 
Senators. 

Par. III. The Senate shall have the sole power to try impeach- 
ments. 

Par. IV. When sitting for that purpose, the members shall be on 
oath, or affirmation, and shall be presided over by the Chief Justice, 
or the presiding Justice of the Supreme Court. Should the Chief 
Justice be disqualified the Senate shall select the Jud^e of the 
Supreme Court to preside. No person shall be convicted w^ithout the 
concurrence of two-thirds of the members present. 



850 Georgia— 1877 

Par. V. Judgments, in cases of impeachment, shall not extend 
further than removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit, within this State; but the 
party convicted shall, nevertheless, oe liable, and subject, to indict- 
ment, trial, judgment, and punishment, according to law. 

Section VI • 

Paragraph I. The Representatives shall be citizens of the United 
States who have attained the age of twenty-one years, and who shall 
have been citizens of this State for two years, and for one year resi- 
dents of the counties from which elected. 

Par. II. The presiding officer of the House of Representatives 
shall be styled the Speaker of the House of Representatives, and shall 
be elected viva voce from the body. 

Par. III. The House of Representatives shall have the sole power 
to impeach all persons who shall have been, or may be, in office. 

Section VII 

Paragraph I. Each House shall be the judge of the election, returns 
and qualifications of its members, and shall have power to punish 
them for disorderly behavior, or misconduct, by censure, fine, impris- 
onment, or expulsion ; but no member shall be expelled, except W a 
vote of two-thrids of the House to which he belongs. 

Par. II. Each House may punish by imprisonment, not extending 
l)eyond the session, any person, not a member, who shall be guilty of 
a contempt, by any disorderly behavior in its presence, or who shall 
rescue, or attempt to rescue, any person arrested by order of either 
House. 

Par. III. The members of both Houses shall be free from arrest 
during their attendance on the General Assembly and in going 
thereto or returning therefrom, except for treason, felony, larcenv, 
or breach of the peace; and no member shall be liable to answer in 
any other place for anything spoken in debate in either House. 

Par. IV. Each House shall keep a journal of its proceedings, and 
publish it immediately after its adjournment. 

Par. V. The original journal shall be preserved, after publication, 
in the office of Secretary of State, but there shall be no other record 
thereof. 

Par. VI. The yeas and nays on any question shall, at the desire of 
one-fifth of the members present, be entered on the journal. 

Par. VII. Every bill, before it shall pass, shall be read three times, 
and on three separate days, in each House, unless in case of actual 
invasion or insurrection. 

Par. VIII. No law or ordinance shall paas which refers to more 
than one subject-matter, or contains matter different from what is 
expressed in the title thereof. 

Par. IX. The general appropriation bill shall embrace nothing 
except appropriations fixed by previous laws, the ordinary expenses 
of the Executive, Legislative and Judicial Departments of the (tov- 
ernment, payment of the public debt and interest thereon, and the 
support of the public institutions and educational interests of the 



Georgia— 1877 851 

State, All other appropriations shall be made by separate bills, each 
embracing but one subject. 

Par. X. All bills for raising revenue or appropriating money shall 
originate in the House of Representatives, but the Senate may pro- 
pose or concur in amendments as in other bills. 

Par. XI. No money shall be drawn from the treasury except by 
appropriation made by law, aind a regular statement and account of 
the receipt and expenditure of all public money shall be published 
every three months, and also with the laws passed by each session of 
the General Assembly. 

Par. XII. No bill or resolution appropriating money shall become 
a law, unless, upon its passage, the yeas and nays, in each House, are 
recorded. 

Par. XIII. All Acts shall be signed by the President of the Senate 
and the Speaker of the House of Representatives, and no bill, ordi- 
nance or resolution, intended to have the effect of a law, which shall 
have been rejected by either House, shall be a^ain proposed during 
the same session, imder the same or any other title, without the con- 
sent of two-thirds of the House by which the same was rejected. 

Par. XIV. No bill shall become a law unless it shall receive a 
majority of the votes of all the members elected to each House of the 
General Assembly, and it shall, in every instance, so appear on the 
journal. 

Par. XV. All special or local bills shall originate in the House of 
Representatives. The Speaker of the House of Representatives shall, 
within five days from the organization of the General Assembly, 
appoint a committee consisting of one from each Congressional Dis- 
trict, whose duty it shall be to consider and consolidate all special and 
local bills, on the same subject, and report the same to the House; 
and no special or local bill shall be read or considered by the House 
until the same has been reported by said committee, unless by a two- 
thirds' vote. And no bill shall be considered or reported to the House, 
by said committee, unless the same shall have oeen laid before it 
within fifteen davs after the organization of the General Assembly, 
except by a two-tliirds' vote. 

Par. XVI. No local or special bill shall be passed, unless notice of 
the intention to apply therefor shall have oeen published in the 
locality where the matter, or thing to be affected, may be situated, 
which notice shall be given at least thirty days prior to the introduc- 
tion of such bill into the General Assembly, and in the manner to be 
f^rescribedby law. The evidence of such notice having been pub- 
ished shall be exhibited in the General Assembly before such Act 
shall be passed. 

Par. XVII. No law, or section of the Code, shall be amended or 
repealed by mere reference to its title, or to the number of the section 
oT the Code, but the amending or repealing Act shall distinctly 
describe the law to be amended or repealed, as well as the alteration 
to be made. 

Par. XVIII. The General Assembly shall have no power to grant 
corporate powers and privileges to private companies, except bank- 
ing, insurance, railroad, canal, navigation, express and telegraph 
conipanies ; nor to make or change election precincts ; nor to establish 
bridges or ferries; nor to change names oi legitimate children; but 



852 ' Georgia— 1877 

it shall prescribe by law the manner in which such powers shall be 
exercised by the Courts. 

Par. XIX. The Greneral Assembly shall have no power to relieve 
principals or securities upon forfeited recognizances, from the pay- 
ment thereof, either before or after judgment thereon, unless the 
principal in the recognizance shall have been apprehended and placed 
in the custody of the proper officer. 

Par. XX. The General Assembly shall not authorize the construc- 
tion of any street passenger railway within the limits of any incor- 
porated town or city without the consent of the corporate authorities. 

Par. XXI. Whenever the Constitution requires a vote of two- 
thirds of either or both Houses for the passage of an Act or resolu- 
tion, the yeas and nays on the passage thereof shall be entered on the 
journal. 

Par. XXII. The General Assemblv shall have power to make all 
laws and ordinances consistent with this Constitution, and not repug- 
nant to the Constitution of the United States, which they shall aeem 
necessary and proper for the welfare of the State. 

Par. XXIII. jfo provision in this Constitution, for a two-thirds 
vote of both Houses of the General Assembly, shall be construed to 
waive the necessity for the signature of the Governor, as in any otlier 
case, except in the case of the two-thirds vote required to override 
the veto, and in case of prolongation of a session of the General 
Assembly. 

Par. XXIV. Neither House shall adjourn for more than three 
days, or to any other place, without the consent of the other ; and in 
case of a disagreement between the two Houses on a Question of ad- 
journment, the Governor may adjourn either or both or them. 

Section VIII 

Paragraph I. The officers of the two Houses, other than the Presi- 
dent and Speaker, shall be a Secretary of the Senate and Clerk of the 
House of Representatives, and such assistants as they may appoint; 
but the clerical expenses of the Senate shall not exceed sixty dollars 
per day for each session, nor those of the House of Representatives 
seventy dollars per day for each session. The Secretary of the Senate 
and Clerk of the House of Representatives shall be required to give 
bond and security for the faithful discharge of their respective duties. 

Section IX 

Paragraph I. The per diem of members of the General Assembly 
shall not exceed four dollars, and mileage shall not exceed ten cents 
for each mile traveled, by the nearest practicable route, in going to 
and returning from the Capital; but the President of the Senate 
and the SpeaKer of the House of Representatives shall each receive 
not exceedmg seven dollars per day. 

Section X 

Paragrapli I. All elections by the General Assembly shall be viva 
t'oce^ and the vote shall appear on the journal of the House of Repre- 



Georgia— 1877 853 

sentatives. When the Senate and House of Representatives unite 
for the purpose of elections, they shall meet in the Representative 
Hall, and the President of the Senate shall, in such cases, preside 
and declare the result. 

Section XI 

Paragraph I. All property of the wife at the time of her marriage, 
and all property given to, inherited or acquired bv her. shall remain 
her separate property, and not be liable for the debts or her husband. 

Section XII 

Paragraph I. All life insurance companies now doing business in 
this State, or which may desire to establish agencies and do business 
in the State of Georgia, chartered by other States of the Union, or 
foreign States, shall show that they have deposited with the Comp- 
troller-General of the State in which they are chartered, or of this 
State, the Insurance Commissioners, or such other officer as may be 
authorized to receive it, not less than one hundred thousand dollars, 
in such securities as may be deemed by such officer equivalent to cash, 
subject to his order, as a guarantee fund for the security of policy- 
holders. 

Par. II. When such showing is made to the Comptroller-General 
of the State of Georgia by a proper certificate from the State official 
having charge of the funds so deposited, the Comptroller-General of 
the State oi Georgia is authorized to issue to the company making 
such showing a license to do business in the State, upon paying the 
fees required by law. 

Par. III. All life' insurance companies chartered by the State of 
Georgia, or which may hereafter be chartered by the State, shall, 
before doing business, deposit with the Comptroller-General of the 
State of Georgia, or with some strong corporation, which may be 
approved by said Comptroller-General, one hundred thousand dollars, 
in such securities as may be deemed by him equivalent to cash, to be 
subject to his order, as a guarantee fund for the security of the policy- 
holders of the company making such deposit, all interests ana divi- 
dends arising from such securities to be paid, when due, to the com- 
pany so depositing. Any such securities as may be needed or de- 
sired by the company may be taken from said Department at any 
time by replacing them with other securities equally acceptable to 
the Comptroller-General, whose certificate for the same shall be fur- 
nished to the company. 

Par. IV. The General Assembly shall, from time to time, enact 
laws to compel all fire insurance companies doing business in this 
State, whether chartered by this State or otherwise, to deposit rea- 
sonable securities with the Treasurer of this State, to secure the 
people against loss by the operations of said companies. 

Par. v. The General Assembly shall compel all insurance compa- 
nies in this State, or doing business therein, under proper penalties, 
to make semi-annual reports to the Governor, and print the same, at 
their own expense, for the information and protection of the people. 



854 Georgia— 1877 ' 

Article IV 

POWER OF THE GENERAL ASSEMBLY OVER TAXATION 
Section I 

Paragraph I. The right of taxation is a sovereign right, inalien- 
able, indestructible, is the life of the State, and rightfully belongs to 
the people in all Republican governments, and neither the General 
Assembly, nor any, nor all other departments of the Government 
established by this Constitution, shall ever have the authority to 
irrevocably give, grant, limit, or restrain this right; and all laws, 
grants, contracts, and all other acts whatsoever, by said Government, 
or any department thereof, to effect any of these purposes, shall be, 
and are hereby, declared to be null and void for every purpose what- 
soever ; and said right of taxtion shall always be uncler the complete 
control of, and revocable by the State, notwithstanding any gift, 
grant, or contract whatsoever by the General Assembly. 

Section II 

Paragraph I. The power and authority of regulating railroad 
freights and passenger tariffs, preventing uniust discriminations, and 
requiring reasonoble and just rates of freight and passenger tariffs, 
are hereby conferred upon the General Assembly, whose duty it shall 
be to pass laws, from time to time, to regulate 'freight and passenger 
tariffs, to prohibit unjust discriminations on the various railroads 
of this State, and to prohibit said roads from charging other than 
just and reasonable rates, and enforce the same by adequate pen- 
alties. 

Par. II. The exercise of the right of eminent domain shall never 
be abridged, nor so construed as to prevent the General Assembly 
from takmg the property and franchises of incorporated companies, 
and subjectmg them to public use, the same as property of individuals ; 
and the exercise of the police power of the State shall never be 
abridged, nor so construed as to permit corporations to conduct their 
business in such a manner as to infringe the equal rights of individ- 
uals, or to the general well-being of the State. 

Par. III. The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, nor alter or amend the 
same, nor pass any otner general or special law for the benefit of 
said corporation, except upon the condition that said corporation 
shall tliereafter hold its charter subject to the provisions of this 
Constitution ; and every amendment of any charter of any corpora- 
tion in this State, or smy special law for its benefit, accepted thereby, 
shall operate as a novation of said charter and shall bring the saine 
under the provisions of this Constitution : Provided, that this section 
shall not extend to any amendment for the purpose of allowing any 
existing road to take stock in or aid in the building of any branch 
road. 

Par. IV. The General Assembly of this State shall have no power 
to authorize any corporation to buy shares, or stock, in any other 
corporation in this State, or elsewhere, or to make any contract, or 
agreement whatever, with any such corporation, which "may have the 



Georgia— 1877 855 

eflFect, or be intended to have the effect, to defeat or lessen competition 
in their respective businesses, or to encourage monopoly; and all 
such contracts and agreements shall be illegal and void. 

Par. V. No railroad company shall give, or pay, any rebate, or 
honus in the nature thereof, directly or indirectly, or do any act to 
mislead or deceive the public as to the real rates charged or received 
for freights or passage; and anv such payments shall be illegal and 
void, and these prohibitions shall be enforced by suitable penalties. 

Par. VI. No provision of this article shall be deemed, held or taken 
to impair the obligation of any contract heretofore made by the State 
of Georgia. 

Par. VII. The Greneral Assembly shall enforce the provisions of 
this article by appropriate legislation. 

Artiole V 

EXECUTIVE DEPARTMENT 

Section I 

Paragraph I. The officers of the Executive Department shall con- 
sist of a Governor, Secretary of State, Comptroller-General and 
Treasurer. 

Par. II. The Executive power shall be vested in a Governor, who 
shall hold his office during the term of two years, and until his suc- 
cessor shall be chosen and qualified. He shall not be eligible to 
reelection, after the expiration of a second term, for the period of 
four years. He shall nave a salary of three thousand dollars per 
annum (until otherwise provided by a law passed by a two-thirds' 
vote of both branches of the General Assembly), which shall not be 
increased or diminished during the period for which he shall have 
been elected ; nor shall he receive, within that time, any other emolu- 
ment from the United States, or either of them, or from any foreign 
power. But this reduction of salary shall not apply to the present 
term of the present Governor. 

Par. III. The first election for Governor, under this Constitution, 
shall be held on the first Wednesday in October, 1880, and the Gov- 
ernor-elect shall be installed in office at the next session of the Gen- 
eral Assembly. An election shall take place biennially thereafter on 
said day, until another date be fixed by the General Assembly. Said 
election shall be held at the places of holding general elections in the 
several counties of this State, in the manner prescribed for the elec- 
tion of members of the General Assembly, and the electors shall be 
the same. 

Par. IV. The returns for every election of Governor shall be sealed 
up by the managers, separately from other returns, and directed to 
the President of the Senate and Speaker of the House of Representa- 
tives, and transmitted to the Secretary of State, who shall, without 
opening said returns, cause the same to be laid before the Senate on 
the day after the two Houses shall have been organized, and they 
shall he transmitted by the Senate to the House of Representatives. 

Par. V. The members of each branch of the General Assembly shall 
convene in the Representative Hall, and the President of the Senate 



856 Georgia— 1877 

and Speaker of the House of Representatives shall open and publish 
the returns in the presence and under the direction of the Oen«:^l 
Assembly; and the i>erson having the majority of the whole number 
of votes shall be declared duly elected Governor of this State ; but if 
no person shall have such majority, then from the two persons having 
the highest number of votes wlio shall be in life, and shall not 
decline an election at the time appointed by the General Assembly 
to elect, the General Assembly shall immediately elect a Governor 
viva voce ; and in all cases of election of a Governor by the General 
Assembly a majority of the members present shall be necessary to a 
choice. 

Par. VI. Contested elections shall be determined by both Houses of 
the General Assembly in such manner as shall be prescribed by law. 

Par. VII. No person shall be eligible to the office of Governor who 
shall not have been a citizen of the United States fifteen years, and a 
citizens of the State six years, and who shall not have attained the age 
of thirty years. 

Par. VIII. In case of the death, resignation or disability of the 
Governor, the President of the Senate shall exercise the Executive 
powers of the government until such disability be removed, or a 
successor is elected and qualified. And in case of the death, resig^na- 
tion or disability of the President of the Senate, the Speaker of the 
House of Representatives shall exercise the Executive powers of the 
government until the removal of the disability, or the election and 
qualification of a Governor. 

Par. IX. The General Assembly shall have power to provide by law 
for filling unexpired terms by special elections. 

Par. X. The Governor shall, before he enters on the duties of his 
office, take the following oath or affirmation : " I do solemnly swear 
(or affirm as the case may be) that I will faithfully execute the office 
of Governor of the State of Georgia, and will, to the best of my 
ability, preserve, protect and defend the Constitution thereof, and 
the Constitution or the United States of America." 

Par. XI. The Governor shall be Commander-in-Chief of the army 
and navy of this State, and of the militia thereof. 

Par. XII. He shall have power to grant reprieves and pardons, 
to commute penalties, remove disabilities imposed by law, and to 
remit any part of a sentence for offences against the State, after con- 
viction, except in cases of treason and impeachment, subject to such 
regulations as may be provided by law relative to the manner of 
appljang for pardons. Upon conviction for treason he may suspend 
the execution of the sentence and report the case to the General 
Assembly at the next meeting thereof, when the General Assembly 
shall either pardon, commute the sentence, direct its execution or 
grant a further reprieve. He shall, at each session of the General 
Assembly, communicate to that body each case of reprieve, pardon or 
commutation granted, stating the name of the convict, the offense 
for which he was convicted, tne sentence and its date, the date of the 
reprieve, pardon or commutation, and the reasons for granting the 
same. He shall take care that the laws are faithfully executed, and 
shall be a conservator of the peace throughout the State. 

Par. XIII. He shall issue writs of election to fill all vacancies that 
may happen in the Senate or House of Representatives, and shall give 



Georgia— 1877 857 

the General Assembly, from time to time, information of the state of 
the commonwealth, and recommend to their consideration such meas- 
ures as he may deem necessary or expedient. He shall have power to 
convoke the General Assembly on extraordinary occasions, but ilo law 
shall be enacted at call sessions of the General Assembly except such 
as shall relate to the object stated in his proclamation convening them. 

Par. XIV. When any ofBce shall become vacant, by death, resigna- 
tion or otherwise, the Governor shall have power to fill such vacancv, 
unless otherwise provided by law; and persons so appointed shall 
continue in office until a successor is commissioned, agreeably to the 
mode pointed out in the Constitution, or by law in pursuance thereof. 

Par. XV. A person once rejected by the Senate shall not be reap- 
jKMnted by the Governor to the same office during the same session of 
the recess thereafter. 

Par. XVI. The Governor shall have the revision of all bills passed 
by the General Assembly, before the same shall become laws, but 
two-thirds of each House may pass a law, notwithstanding his dis- 
sent : and if any bill shall not be returned by the Governor within 
five days (Sunday excepted) after it has been presented to him, the 
same shall be a law, unless the General Assembly, by their adjourn- 
ment, shall prevent its return. He may approve any appropriation, 
and disapprove any other appropriation, in the same Dill, and the 
latter shall not be effectual, unless passed by two-thirds of each House. 

Par. XVII. Every vote, resolution or order, to which the concur- 
rence of both Houses may be necessary, except on a question of elec- 
tion or adjournment, shall be presented to the Governor, and before 
it shall take effect be approved by him, or, being disapproved, shall 
be re-passed by two-thirds of each House. 

Par. XVIII. He may require information, in writing, from the 
officers in the Executive Department on any subject relating to the 
duties of their respective offices. It shall be the duty of the Governor, 
quarterly, and oftener if he deems it expedient, to examine, under 
oath, the Treasurer and Comptroller-General of the State on all 
matters pertaining to their respective offices, and to inspect and 
review their books and accounts. The General Assembly shall have 
authority to provide by law for the suspension of either of said offi- 
cers from the discharge of the duties of his office, and also for the 
appointment of a suitable person to discharge the duties of the same. 

Par. XIX. The Governor shall have power to appoint his own Sec- 
retaries, not exceeding two in number, and to provide such other 
clerical force as mav be required in his office, but the total cost for 
Secretaries and clerical force in his office shall not exceed six thou- 
sand dollars per annum. 

Section II 

Paragraph I. The Secretary of State, Comntroller-General and 
Treasurer shall be elected bv the persons qualified to vote for mem- 
bers of the General Assembly, at the same time and in the same 
manner as the Governor. The provision of the Constitution as to 
the transmission of the returns or election, counting the votes, declar- 
ing the result, deciding when there is no election, and when there is 
a contested election, applicable to the election of Governor, shall 
apply to the election ot Secretary of State, Comptroller-General and 



858 Georgia— 1877 

^ 

Treasurer; they shall be commissioned by the Governor and hold 
their ofBce for the same time as the Governor. 

I Par. II. The salary of the Treasurer shall not exceed two thousand 
dollars per annum. The clerical expenses of his department shall 
not exceed sixteen hundred dollars per annum. 

Par. III. The salary of the Secretary of State shall not exceed two 
thousand dollars per annum, and the clerical expenses of his depart- 
ment shall not exceed one thousand dollars per annum. 
I Par. IV. The salary of the Comptroller-General shall not exceed 
two thousand dollars per annum. The clerical expenses of his depart- 
ment, including the Insurance Department and Wild Land Clerk, 
shall not exceed four thousand dollars per annum ; and without said 
clerk, it shall not exceed three thousand dollars per annum. 

Par. V. The Treasurer shall not be allowed directly or indirectly, 
to receive any fee, interest or reward from any person, bank or cor- 
poration for the deposit or use, in any manner, of the public funds ; 
and the General Assembly shall enforce this provision by suitable 
penalties. 

Par. VI. No person shall be eligible to the office of Secretary of 
State, Comptroller-General, or Treasurer, unless he shall have been 
a citizen of the United States for ten years, and shall have resided in 
this State for six years next precedfing his election, and shall be 
twenty-five years of age when elected. All of said officers shall give 
bond and security, under regulations to be prescribed by law, for the 
faithful discharge of their duties. 

Par. VII. The Secretary of State, the Comptroller-General and the 
Treasurer shall not be allowed any fee, perquisite or compensation 
other than their salaries, as prescribed by law, except their necessary 
expenses when absent from the seat of government on business for 
the State. 

Section III 

Paragraph I. The Great Seal of the State shall be deposited in tlie 
office of the Secretary of State, and shall not be affixed to any instru- 
went of writing except by order of the Governor, or General Assem- 
bly, and that now in use shall be the Great Seal of the State until 
otherwise provided by law. 

Article VI 

JUDICIARr 

Section I 

Paragraph I. The judicial powers of this State shall be vested in a 
Supreme Court, Superior Courts, Courts of Ordinary, Justice of the 
Peace, commissioned Notaries Public, and other Courts, as have been 
or may be established by law. 

Section II 

Paragraph I. The Supreme Court shall consist of a Chief Justice 
and two Associate Justices. A majority of the Court shall constitute 
a quorum. 



Georgui—1877 859 

Par. II. When one or more of the Judges are disqualified from 
deciding any case, by interest or otherwise, the Governor shall des- 
ignate a Judge, or Judges, of the Superior Courts to preside in said 
case. 

Par. III. No Judge of any Court shall preside in any case where 
the validity of any lx)nd — Federal, State, corporation or municipal — 
is involved, who holds in his own right, or as the representative of 
others, any material interest in the class of bonds upon which the 
question to be decided arises. 

Par. IV. The Chief Justice and Associate Justices shall hold their 
offices for six years, and until their successors are qualified. A suc- 
cessor to the incumbent whose term will soonest expire shall be elected 
by the General Assembly in 1880 ; a successor to the incumbent whose 
term of office is next in duration shall be elected by the General As- 
sembly in 1882 ; and a successor to the third incumbent shall be elected 
by the General Assembly in 1884; but appointments to fill vacancies 
shall only be for the unexpired term, or until such vacancies are filled 
by elections, agreeably to the mode pointed out by this Constitution. 

Par. V. The Supreme Court shall have no original jurisdiction, but 
shall be a Court alone for the trial and correction of errors from the 
Superior Courts, and from the City Courts of Atlanta and Savannah, 
ana such other like Court as mav be hereafter established in other 
cities ; and shall sit at the seat oi government, at such times in each 
year as shall be prescribed by law, tor the trial and determination of 
writs of error from said Superior and City Courts. 

Par. VI. The Supreme Court shall dispose of every case at the first 
or second term after such writ of error is brought; and in case the 
plaintiff in error shall not be prepared at the first term to prosecute 
the case — unless prevented by providential cause — it shall be stricken 
from the docket, and the judgment below shall stand affirmed. 

Par. Vn. In any case the Court may, in its discretion, withhold 
its judgment until the next term after the same is argued. 

Section III 

Paragraph I. There shall be a Judge of the Superior Court for 
each Judicial Circuit, whose term of office shall be four years, and 
until his successor is qualified. He may act in other circuits when 
authorized by law. 

Par. II. The successors to the present incumbents shall be elected 
by the General Assembly as follows : To the half (as near as may be) 
whose commissions are the oldest, in the year 1878; and to the others 
in the year 1880. All subsequent elections shall be at the session of 
the Greneral Assembly next preceding the expiration of the terms of 
incumbents, except elections to fill vacancies. The day of election 
may be fixed by the General Assembly. 

!^ar. III. Tne terms of the Judgas to be elected under the Consti- 
tution (except to fill vacancies) shall begpn on the first day of Janu- 
ary, after their elections. But if the time for the meeting of the 
Gteneral Assembly shall be changed, the General Assembly may 
change the time when the terms of Judges thereafter elected shall 
begin. 



860 Georgia— 1877 

Section IV 

Paragraph I. The Superior Courts shall have exclusive jurisdic- 
tion in cases of divorce; in criminal cases where the offender is sub- 
jected to loss of life, or confinement in the penitentiary; in cases 
resjpecting titles to land, and equity cases. 

Par. II. The General Assembly may confer upon the Courts of 
common law all the powers heretofore exercised by Courts of Equity 
in this State. 

Par. III. Said Courts shall have jurisdiction in all civil cases, 
except as hereinafter provided. 

Par. IV. They shall have appellate jurisdiction in all such cases 
as may be provided by law. 

Par. V. They shall have power to correct errors in inferior judica- 
tories by writ of certiorai, which shall only issue on the sanction of 
the Judge; and said Courts and the Judges thereof shall have power 
to issue writs of mandamus, prohibition, scire facias, and all other 
writs that may be necessary for carrying their powers fully into 
effect, and shall have such other powers as are or may be conferred 
on them by law. 

Par. VI. The General Assembly may provide for an appeal from 
one jury, in the Superior and City Courts to another, ana the said 
Court mav grant new trials on legal grounds. 

Par. Vfl. The Court shall render judgment without the verdict of 
a jury, in all civil cases founded on unconditional contracts in writ- 
ing, where an issuable defense is not filed under oath or affirmation. 

Par. VIII. The Superior Courts shall sit in each county not less 
than twice in each year at such times as have been or may be 
appointed by law. 

Par. IX. The General Assembly may provide by law for the 
appointment of some proper person to preside in cases where the pre- 
simng Judge is, from any cause, disqualified. 

Section V 

Paragraph I. In any county within which there is, or hereafter 
may be, a City Court, the Judge of said Court, and of the Superior 
Court, may preside in the Courts of each other in cases where the 
Judge of either Court is disqualified to preside. 

Section VI 

Paragraph I. The powders of a Court of Ordinary and of Probate, 
shall be vested in an Ordinary for each county, from whose decision 
there may be an appeal (or, by consent of parties, without a decision) 
to the Superior Court, under regulations prescribed by law. 

Par. II. The Courts of Ordinarv shall have such powers in rela- 
tion to roads, bridges, ferries, public buildings, paupers, county offi- 
cers, county funds, county taxes, and other county matters as may be 
conferred on them by law. 

Par. III. The Ordinary shall hold his office for the term of four 
years, and until his successor is elected and qualified. 



Georgia— 1877 861 

Section VII 

Paragraph I. There shall l)e in each militia district one Justice of 
the Peace, whose official term, except when elected to fill an unexpired 
term, shall be four years. 

Par. II. Justices of the Peace, shall have jurisdiction in all civil 
cases, arising ex contractu, and in cases of injury or damage to per- 
sonal property, when the principal sum does not exceed one hundred 
dollars, and shall sit monthly at fixed times and places; but in all 
cases there may be an appealto a jury in said Court, or an appeal to 
the Superior Court, under such regulations as may be prescribed 
by law. 

Par. III. Justices of the Peace shall be elected by the legal voters 
in their respective districts, and shall be commissioned by the Gov- 
ernor. They shall be removable on conviction for malpractice in 
office. 

Section VIII 

Paragraph I. Commissioned Notaries Public, not to exceed one for 
each militia district, may be appointed by the Judges of the Superior 
Courts, in their respective circuits, upon recommendation of the 
grand juries of the several counties. They shall be commissioned by 
the Governor for the term of four years, and shall be ex officio Jus- 
tices of the Peace, and shall be removable on conviction for malprac- 
tice in office. 

Section IX 

Paragraph I. The jurisdiction, powers, proceedings and practice of 
all Courts or officers invested with judicial powers (except City 
Courts), of the same grade or class, so far as regulated by law, and 
the force and effect of the process, judgment and decree, by such 
Courts, severally, shall be uniform. This uniformity must be" estab- 
lished by the General Assembly. 

Section X 

Paragraph I. There shall be an Attorney-General of this State, 
who shall be elected by the people at the same time, for the same 
term and in the same manner as the Governor. 

Par. II. It shall l)e the duty of the Attorney-General to act as the 
legal adviser of the Executive Department, to represent the State in 
the Supreme Court in all capital felonies; and in all civil and crimi- 
nal cases in any Court when required by the Governor, and to per- 
form such other services as shall be required of him by law. 

Section XI 

Paragraph I. There shall be a Solicitor-(ieneral for each judicial 
circuit, whose official term, except when commissioned to fill an unex- 
pired term, shall be four years. 

Par. II. It shall be the duty of the Solicitor-General to represent 
the State in all cases in the Superior Courts of his circuit, ana in all 
cases taken up from his circuit to the Supreme Court, and to perform 
such other services as shall be required of him by law. 
7251— VOL 1—07 57 



862 Georgia— 1877 

Section XII 

ParaOTaph I. The Judges of the Supreme and Superior Courts 
and Solicitor-General shall be elected bv the General Assembly, in 
joint session, on such day or days as shall be fixed by joint resolution 
of both Houses. At the session of the General Assembly which is 
held next before the expiration of the terms of the present incum- 
bents, as provided in this Constitution, their successors shall be 
chosen ; and the same shall apply to the election of those who shall 
succeed them. Vacancies occasioned by death, resignation or other 
cause shall be filled by appointment of the Governor, until the Gen- 
eral Assembly shall convene, when an election shall be held to fill the 
unexpired portion of the vacant terms. 

Section XIII 

Paragraph I. The Judges of the Supreme Comx shall have, out of 
the Treasury of the State, salaries not to exceed three thousand dol- 
lars per annum ; the Judges of the Superior Courts shall have salaries 
not to exceed two thousand dollars per annum ; the Attorney-General 
shall have a salary not to exceed two thousand dollars per annum; 
and the Solicitors-General shall each have salaries not to exceed two 
hundred and fifty dollars per annum ; but the Attorney-General shall 
not have any fee or perquisite in any cases arising after the adoption 
of this Constitution ; but the provisions of this section shall not affect 
the salaries of those now in office. 

Par. II. The General Assembly may, at any time, bv a two-thirds 
vote for each branch, prescribe other and different salaries for any 
or all, of the above officers, but no such change shall affect the oflScers 
then in commission. 

Section XIV 

Paragraph I. No person shall be Judge of the Supreme or Supe- 
rior Courts, or Attornev-General, unless, at the time of his election 
he shall have attained the age of thirty years, and shall have been a 
citizen of the State three years, and have practiced law for seven 
years; and no person shall be hereafter elected Solicitor-Greneral, 
unless, at the time of his election, he shall have attained twenty-five 
years of age, shall have been a citizen of the State for three years, 
and shall nave practiced law for three years next preceding his 
election. 

Section XV 

Paragraph I. No total divorce shall be granted, except on the con- 
current verdicts of two juries at different terms of the Court. 

Section XVI 

Paragraph I. Divorce cases shall be brought in the county, where 
the defendant resides, if a resident of this State; if the defendant 
be not a resident of this State, then in the county in which the plain- 
tiff resides. 

Par. II. Cases respecting titles to land shall be tried in the county 
where the land lies, except where a single tract is divided by a 
county line, in which case the Superior Court of either county shall 
have jurisdiction. 



Georgia— 1877 863 

Par. 111. Equity cases shall be tried in the county where a defend- 
ant resides against whom substantial relief is prayed. 

Par* IV. Suit3 against joint obligors, joint promisors, co-partnerfii| 
or joint trespassers, residing in different counties, may be tried In 
either county. 

Par. V. Suits against the maker and indorser of promissory notesi, 
or drawer, acceptor and indorser ()f foreign or inland bills of ex- 
change, or like instruments, residing in different counties, shall be 
brought in the county where the maker or acceptor resides. 

Par. VI. All other civil cases shall be tried in the county whero 
the defendant resides, and all criminal cases shall be tried in the 
county where the crime was committed, except cases in the Superior 
Courts where the Judge is satisfied that an impartial jury cannot bo 
obtained in such county. 

Section XVII 

Paragraph I. The power to change the venue in civil and criminal 
cases shall be vested in the Superior Courts, to be exercised in such 
manner as has been, or shall be, provided by law. 

Section XVIII 

Paragraph I. The right of trial by jury, except where it is other- 
wise provided in this Constitution, shall remain inviolate, but the 
General Assembly may prescribe any number, not less than five, to 
constitute a trial or traverse jury in Courts other than the Superior 
and City Courts. 

Par. II. The General Assembly shall provide by law for the selec- 
tion of the most experienced, intelligent and upright men to serve as 
^rand jurors, and intelligent and upright men to serve as traverse 
jurors. Nevertheless, the grand jurors shall be competent to serve as 
traverse jurors. 

Par. III. It shall be the duty of the General Assembly, by general 
laws, to prescribe the manner of fixing compensation of jurors in all 
counties m this State. 

Section XIX 

Paragraph I. The General Assembly shall have power to provide 
for the creation of County Commissioners in such counties as may 
require them, and to define their duties. 

Section XX 

Paragraph I. All Courts not specially mentioned by name in the 
first section of this article may be abolished in any county, at the dis- 
cretion of the General Assembly. 

Section XXI 

Paragraph I. The costs in the Supreme Court shall not exceed ten 
dollars, uiuess otherwise provided by law. Plaintiffs in error shall 
not be required to pay costs in said Court when the usual pauper oath 
is filed in the Court below. 



864 Georgia— 1877 

Article VII 

FINANCE, TAXATION AND PUBLIC DEBT 

Section I 

Paragraph I. The powers of taxation over the whole State shall be 
exercised by the General Aasemblv for the following purposes only: 

For the support of the State Government and the public institu- 
tions. 

For educational purposes, in instructing children in the elementary 
branches of an English education only. 

To pay the interest on the public debt* 

To pay the principal of the public debt. 

To suppress insurrection, to repel invasion, and defend the State in 
time of war. 

To supply the soldiers who lost a limb, or limbs, in the military 
service of tlie Confederate States with substantial artificial limbs dur- 
ing life; and to make suitable provisions for such Confederate Sol- 
diers as may have otherwise been disabled or permanently injured 
in such service ; and for the widows of such Confederate Soldiers as 
may have died in the service of Confederate States, or since from 
wounds received therein, or disease contracted therein. 

Section II 

Paragraph I. All taxation shall be uniform upon the same class of 
subjects^ and ad valorem on all property subject to be taxed within 
the territorial limits of the authority levying the tax, and shall be 
levied and collected under general laws. The General Assembly may, 
however, impose a tax upon such domestic animals as, from their 
nature and habits, are destructive of other property. 

Par. II. The General Assembly may, by law, exempt from taxation 
all public property, places of religions worship or burial; all institu- 
tions of purely public charity ; ail buildings erected for and used as 
a college, incorporated academy, or other seminary of learning; the 
real and personal estate of any public library, and that of any other 
literary association, used by or connected with such library ; all books 
and philosophical apparatus; and all paintings and statuary of any 
company or association, kept in a public hall and not held as merchan- 
dise, or for purposes of sale or gain: Provided, the property so 
exempted be not used for purposes of private or corporate profit or 
income. 

Par. III. No poll tax shall be levied except for educational pur- 
poses, and such tax shall not exceed one dollar annually upon each 
poll. 

Par. IV. All laws exempting property from taxation, other than 
the property herein enumeratea, shall be void. 

Par. V. The power to tax corporations and corporate property 
shall not be surrounded or suspended by any contract or grant to 
which the State shall be a party. 

Section III 

Paragraph I. No debt shall be contracted by or on behalf of the 
State, except to supply casual deficiencies of revenue, to repel inva- 
sion, suppress insurrection, and defend the State in time of war, or 



Georgui—1877 865 

to paj the existing public debt; but the debt created to supply defi- 
ciencies in revenue shall not exceed, in the aggregate, two hundred 
thousand dollars. 

Section I.V 

Paragraph I. All laws authorizing the borrowing of money by or 
on behalf of the State shall specify the purposes for which the money 
is to be used, and the money so obtained shall be used for the purpose 
specified, and no other. 

Section V 

Paragraph I. The credit of the State shall not be pledged or loaned 
to any individual, company, corporation or association, and the State 
shall not become a joint owner or stockholder in any company, asso- 
ciation or corporation. 

Section VI 

Paragraph I. The Greneral Assembly shall not authorize any county 
municipal corporation or political division of this State to become a 
stockholder in any company, corporation or association, or to appro- 
priate money for, or to loan its credit to any corporation, company, 
association, institution or individual, except for purely charitable 
purposes. This restriction shall not operate to prevent the support 
of schools by municipal corporations within their respective limits: 
Provided^ that if any municipal corporation shall offer to the State 
any property for locating or building a capitol, and the State accepts 
such offer, tne corporation may comply with such offer. 

Par. II. The General Assembly shall not have power to delegate 
to any county the right to levy a tax for any purpose, except for edu- 
cational purposes in instructing children in the elementary branches 
of an English education only ; to build and repair the public build- 
ings and bridges; to maintain and support prisoners; to pay jurors 
and coroners, and for litigation, quarantine, roads and expenses of 
Courts ; to support paupers and pay debts heretofore existing. 

Section VII 

Paragraph I. The debt hereafter incurred by any county, munic- 
ipal corporation or political division of this State, except as in this 
Constitution provided for, shall never exceed seven i>er centum of 
the assessed value of all the taxable property therein ; and no such 
county, municipality or division shall incur any new debt, except for 
a temporary loan or loans to supply casual deficiencies of revenue, 
not to exceed one-fifth of one per centum of the assessed value of 
taxable property therein, without the assent of two-thirds of the 
qualified voters thereof, at an election for that purpose, to be held as 
may be prescribed by law ; but any city, the debt of which does not 
exceed seven per centum of the assessed value of the taxable property 
at the time of the adoption of this Constitution, may be authorized 
by law to increase, at any time, the amount of said debt, three per 
centum upon such assessed valuation. 

Par. II. Any county, municipal corporation or political division of 
this State, which Shall incur any handed indebtedness under the 
provisions of this Constitution, snail, at or before the time of so 



866 Georgia— 1877 

doing, provide for the assessment and collection of an annual tax suf- 
ficient in amount to pay the principal and interest of said debt within 
thirty years from the date of the incurring of said indebtedness. 

Section VIII 

Paragraph I. The State shall not assume the debt, nor anjr part 
thereof, of any county, municipal corporation, or political division of 
the State, unless such debt shall be contracted to enable the State to 
repel invasion, suppress insurrection, or defend itself in time of war. 

Section IX 

Paragraph I. The receiving, directly or indirectly, by any officer of 
the State or county, or member or omcer of the General Assembly, 
of any interests, profits or perquisites arising from the use or loan of 
public funds in his hands, or moneys to be raised through his agency 
for State or county purposes, shall be deemed a felony, and punish- 
able as may be prescribed by law, a part of which punishment shall 
be a disqualification from holding omce. 

Section X 

Paragraph I. Municipal corporations shall not incur any debt 
until provision therefor shall have been made by the municipal 
government. 

Section XI 

Paragraph I. The General Assembly; shall have no authority to 
appropriate money, either directly or indirectlv, to pay the whole 
or any part of the principal or interest of the bonds, or other obli- 
rations, which have been pronounced illegal, null and void by the 
General Assembly, and the constitutional amendments ratified by a 
vote of the people on the first day of May, 1877 ; nor shall the Gfen- 
eral Assembly have authority to pay any of the obligations created 
by the State under laws passed during the late war between the 
States, nor any of the bonds, notes or obligations made and entered 
into during the existence of said war, the time for the payment of 
which was fixed after the ratification of a treaty of peace between 
the United States and the Confederate States; nor shall the General 
Assembly pass any law, or the Governor, or other State official enter 
into any contract or agreement, whereby the State shall be made a 
party to any suit in any Court of this State, or of the United States, 
instituted to test the validity of any such bonds or obligations. 

Section XII 

Paragraph I. The bonded debt of the State shall never be increased, 
except to repel invasion, suppress insurrection, or defend the State 
in time of war. 

Section XIII 

Paragraph I. The proceeds of the sale of the Western and At- 
lantic, Macon and Brunswick, or other railroads, held by the State, 
and any other property owned by the State, whenever the General 



Georgia— 1877 867 

Assembly may authorize the sale of the whole, or any part thereof, 
shall be applied to the payment of the bonded debt of the State, and 
shall not be used for any other purpose whatever, so long as the 
State has any existing bonded debt : Provided, that the proceeds of 
the sale of the Western and Atlantic Railroad shall be applied to 
the payment of the bonds for which said railroad has been mortgaged, 
in preference to all other bonds. 

Section XIV 

Paragraph I. The General Assembly shall raise, by taxation, each 
year, in addition to the sum required to pay the public expenses and 
interest on the public debt, the sum of one hundred thousand dol- 
lars, which shaA be held as a sinking fund, to pay off and retire 
the bonds of the State which have not yet matured, and shall be 
applied to no other purpose whatever. If the bonds cannot at any 
time be purchased at or below par, then the sinking fund, herein 

grovided for, may be loaned by the Governor and Treasurer of the 
tate : Provided, the security which shall be demanded for said loan 
shall consist only of the valid bonds of the State; but this section 
shall not take enect until the eight per cent, currency bonds, issued 
under the Act of February the 19th, 1873, shall have been paid. 

Section XV 
• 
Paragraph I. The Comptroller-General and Treasurer shall each 
make to the Governor a quarterly report of the financial condition 
of the State, which report shall include a statement of the assets, 
liabilities and income of the State, and expenditures therefor, for 
the three months preceding; and it shall be the duty of the Governor 
to carefully examine the same by himself, or through competent 
persons connected with his department, and cause an abstract thereof 
to be published for the information of the people, which abstract shall 
be endorsed by him as having been examined. 

Section XVI 

Paragraph I. The General Assembly shall not, by vote, resolution 
or order, grant any donation, or gratuity, in favor oi any person, cor- 
poration or association. 

Par. II. The General Assembly shall not grant or authorize extra 
compensation to any public officer, agent or contractor, after the serv- 
ice has been rendered, or the contract entered into. 

Section XVI I 

Para^aph I. The office of the State Printer shall cease with the 
expiration of the term of the present incumbent, and the General 
A^embly shall provide, by law for letting the public printing to the 
lowest responsible bidder, or bidders, who shall give adequate and 
satisfactory security for the faithful performance thereof. No mem- 
ber of the General Assembly, or other public officer, shall be inter- 
ested, either directly or indirectly, in any such contract. 



868 Georgia— 1877 

Abticle VIII 

EDUCATION 
Section I 

Paragraph I. There shall be a thorough system of common schools 
for the education of children in the elementary branches of an Eng- 
lish education only, as nearly imiform as practicable, the expenses of 
which shall be provided for by taxation, or otherwise. The schools 
shall be free to all children of the State, but separate schools shall be 
provided for the white and colored races. 

Section IT 

Paragraph I. There shall be a State School Commissioner, ap- 
pointed by the Governor, and confirmed by the Senate, whose term 
of office shall be two years, and until his successor is appointed and 
qualified. His office shall be at the seat of government, and he shall 
be paid a salary not to exceed two thousand dollars per annum. The 
General Assembly may substitute for the State School Commissioner 
such officer, or officers, as may be deemed necessary to perfect the 
system of public education. 

Section TIT 

Paragraph I. The poll tax,*any educational fund now belonging to 
the State (except the endowment of, and debt due to, the University 
of Georgia), a special tax on shows and exhibitions, and of the sale of 
spirituous and malt liquors, which the General Assembly is hereby 
authorized to assess, and the proceeds of any commutation tax for 
military service, and all taxes that may be assessed on such domestic 
animals as, from their nature and habits, are destructive to other 
property, are hereby set apart and devoted for the support of common 
schools. 

Section IV 

Paragraph I. Authority may be granted to counties, upon the 
recommendation of two grand juries, and to municipal corporations, 
upon the recommendation of the corporate authoritv, to establish and 
maintain public schools in their respective limits, by local taxation; 
but no such local laws shall take effect until the same shall have been 
submitted to a vote of the qualified voters in each countv or municipal 
corporation, and approved by a two-thirds vote of p^i^sons qualified 
to vote at such election; and the General Assembly may prescribe 
who shall vote on such question. 

Section V 

Paragraph I. Existing local school systems shall not be affected by 
this Constitution. Nothing contained in section first of this article 
shall be construed to deprive schools in this State, not common 
schools, from participation in the educational fund of the State, as to 
all pupils therein taught in the elementary branches of an English 
education. 



Ge(rrgm—1887 869 

Section VI 

Paragraph I. The Trustees of the University of Georgia may 
accept bequests, donations and grants of land, or other property, for 
the use of said University. In addition to the payment of the annual 
interest on the debt due by the State to the TJniversity, the General 
Assembly may, from time to time, make such donations thereto as the 
condition of the treasury will authorize. And the General Assembly 
may also, from time to time, make such appropriations of money as 
the condition of the treasury will authorize to any college or univer- 
sity (not exceeding one in number) now established, or hereafter to 
be established, in this State for the education of persons of color. 

Article IX 

HOMESTEAD AND EXEMPTIONS ^ 

Section I 

Paragraph I. There shall be exempt from levy and sale, by virtue 
of any process whatever under the laws of this State, except as herein- 
after excepted of the property of every head of a family, or guardian, 
or trustee of a family of minor children, or every aged or infirm per- 
son, or persons having the care and support of dependent females of 
any age, who is not the head of a family, realty or personalty, or 
both, to the value in the aggregate of sixteen hundred dollars. 

Section II 

Paragraph I. No Court or ministerial officer in this State shall 
ever have jurisdiction or authority to enforce any judgment, execu- 
tion or decree, against the property set apart for such purpose, includ- 
ing such improvements as may be made thereon from time to time, 
except for taxes, for the purchase money of the same, for labor 
done thereon, for material lumished therefor, or for the removal of 
incumbrances thereon. 

Section III 

Paragraph I. The debtor shall have power to waive or renounce in 
writing his right to the benefit of the exemption provided for in this 
article, except as to wearing apparel, and not exceeding three hun- 
dred dollars worth of household and kitchen furniture, and pro- 
visions, to be selected by himself and his wife, if any, and he shall 
not, after it is set apart, alienate or incumber the property so ex- 
empted, but it may be sold by the debtor and his wife, if any, jointly, 
witn the sanction of the Ju^ge of the Superior <I!ourt of the county 
where the debtor resides or the land is situated, the proceeds to be 
reinvested upon the same uses. 

Section IV 

Paragraph I. The General Assembly shall provide, by law, as 
iearly as practicable, for the setting apart and valuation of said prop- 

«NoTE. — ^The above provision of the Constitution was specially submitted to 
tbe people, and ratified, as a part thereof, by them, on December 5th, 1887. 



870 Georgia— 1887 

erty. But nothing in this article shall be construed to affect or repeal 
the existing laws for exemption of property from sale contained in 
the present Code of this State, in paragraphs 2040 to 2049 inclusive, 
and the Act amendatory thereto. It may be optional with the appli- 
cant to take either, but not both, of such exemptions. 

Section V 

Paragraph I. The debtor shall have authority to waive or renounce 
in writing his right to the benefit of the exemption provided for in 
section four, except as is excepted in section three of this article. 

Section VI 

Paragraph I. The applicant shall, at any time, have the right to 
supplement his exemption by adding to an amount already set apart, 
which is less than the whole amount of exemption herein allowed, a 
sufficiency to make his exemption equal to the whole amount. 

Section VII 

Paragraph I. Homestead and exemptions of personal property 
which have been heretofore set apart by virtue of the provisions of 
the existing Constitution of this State, and in accordance with the 
laws for the enforcement thereof, or which may be hereafter so set 
apart, at anj[ time, shall be and remain valid as against all debts and 
liabilities existing at the time of the adoption of this Constitution, 
to the same extent that they would have been had said existing Con- 
stitution not been revised. 

Section VIII 

Paragraph I. Rights which have become vested under previously 
existing laws shall not be affected by anything herein contained. In 
all cases in which homesteads have been set apart under the Consti- 
tution of 1868, and the laws made in pursuance thereof, and a hofia 
■fide sale of such property has been subsequently made, and the full 
purchase pridie thereof paid, all right of exemption in such property 
by reason of its having been so set apart, shall cease in so far as it 
affects the right of the purchaser. In all such cases where a part 
only the purchase price has been paid, such transaction shall be 
governed by the laws now of force in this State, in so far as they 
affect the rights of the purchase, as though said property had not 
been set apart. 

Section IX 

Paragraph I. Parties who have t.aken a homestead of realty under 
the Constitution of eighteen hundred and sixty-eight shall have the 
right to sell said homestead and reinvest the same by order of the 
Judge of the Superior Courts of this State. 



Georsrui—1877 871 

Article X 

MILITIA 
Section I 

Paragraph I. A well regulated militia being essential to the peace 
and security of the State, the General Assembly shall have authority 
to provide bj law how the militia of this State shall be organized, 
officered, trained, armed and equipped, and of whom it shall consist. 

Par. 11. The General Assembly shall have pjower to authorize the 
formation of volunteer companies, and to provide for their organiza- 
tion into battalions, regiments, brigades, divisions and corps, with 
such restrictions as may be prescribed by law, and shall have author- 
ity to arm and equip the same. 

Par. III. The officers and men of the militia and volunteer forces 
shall not be entitled to receive any pay, rations or emoluments, when 
not in active service by authority or the State. 

Article XI 

COUNTIES AND COUNTY OFFICERS 

Section i 

Paragraph I. Each county shall be a body corporate, with such 
powers and limitations as may be prescribed by law. All suits by or 
against a county shall be in the name thereof; and the metes and 
bounds of the several counties shall remain as now prescribed by law, 
unless changed as hereinafter provided. 

Par. IL :No new county shall be created. 

Par. III. County lines shall not be changed, unless under the oper- 
ation of a general law for that purpose. 

Par. IV. No county site shall be changed or removed, except by a 
two-thirds votes of the qualified voters of the county, voting at an 
election held for that purpose, and a two-thirds vote of the General 
Assembly. 

Par. V. Any county may be dissolved and merged with contiguous 
counties by a two-thirds vote of the qualified electors of such county 
voting at an election held for that purpose. 

Section TI 

Paragraph I. The county officers shall be elected by the Qualified 
voters of their respective counties or districts, and shall hold their 
offices for two years. They shall be removed on conviction for mal- 
practice in office, and no person shall be eligible to any of the offices 
referred to in this paragraph, unless he shall have been a resident of 
the county for two years and is a qualified voter. 

Section III 

Paragraph I. Whatever tribunal, or officers, may hereafter be 
created by the General Assembly for the transaction of county mat- 
ters, shall be uniform throughout the State, and of the same name, 
jurisdiction and remedies, except that the General Assembly may pro- 
vide for the appointment of commissioners of roads and revenue in 
any county. 



872 Georgia— 1877 

Article XII 

THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE 

Section I 

Paragraph I. The laws of general operation in this State are, first, 
as the supreme law : The Constitution of the United States, the laws 
of the United States in pursuance thereof, and all treaties made under 
the authori^ of the United States. 

Par. II. Second. As next in authority thereto: this Constitution. 

Par. III. Third. In subordination to the foregoing: All laws now 
of force in this State, not inconsistent with this Constitution, and 
the ordinances of this Convention, shall remain of force until the 
same are modified or repealed by the General Assembly. The tax 
acts and appropriation acts paased by the General Assembly of 1877, 
and approved by the Governor of the State, and not inconsistent with 
the Constitution, are hereby continued in force until altered by law. 

Par. IV. Local and private acts passed for the benefit of counties, 
cities, towns, corporations and private persons not inconsistent with 
the supreme law, nor with this Constitution, and which have not 
expired nor been repealed, shall have the force of statute law, subject 
to judicial decision as to their validity when passed, and to any 
limitations imposed by their own terms. 

Par. V. All rights, privileges and immunities which may have 
vested in, or accrued to, any person or persons, or corporation," in his, 
her or their own right, or in any fiduciary capacity, under and in 
virtue of any Act of the General Assembly, or any judgment, decree 
or order, or other proceeding of any Court of competent jurisdiction 
in this State heretofore rendered, shall be held inviolate by all Courts 
before which they may be brought in question, unless attacked for 
fraud. 

Par. VI. All judgments, decrees, orders and other proceedings of 
the several Courts of this State, heretofore made, within the limits of 
their several jurisdictions, are hereby ratified and affirmed, subject 
only to reversal by motion for a new trial, appeal, bill of review, or 
other proceeding, m conformity with the law of force when they were 
made. 

Par. VII. The officers of the government now existing shall con- 
tinue in the exercise of their several functions until their successors 
are duly elected, or appointed and qualified, but nothing herein is to 
apply to any officer wnose office may be abolished by this Constitution, 

Par. VIII. The ordinances of this Convention shall have the force 
of laws until otherwise provided by the General Assembly, except the 
ordinances in reference to submitting the homestead and capital ques- 
tion to a vote of the people, which ordinances, after being voted on, 
shall have the effect or constitutional provisions.*" 

«NoTE. — Under the Ordinance of the Convention, submitting the qnestion of 
the location of the (^apital to the i)eople, the city of Atlanta was chosen, Decem- 
ber 5th, 1877. 



Georgia— 1877 873 

Article XIII 

AMENDMENTS TO THE OONSTITtJllOJf 
Section I 

Para^aph I. Any amendment, or amendments, to this Constitu- 
tion may be proposed in the Senate or House of Representatives, and 
if the same shall be agreed to by two-thirds of the members elected to 
each of the two Houses, such proposed amendment, or amendments, 
shall be entered on their journals, with the yeas and nays taken 
thereon. And the General Assembly shall cause such amendment, or 
amendments, to be published in one or more newspapers in each Con- 
gressional District, for two months previous to the time of holding 
the next general election, and shall also provide for a submission oi 
such proposed amendment, or amendments, to the people at said next 
general election, and if the people shall ratify such amendment, or 
amendments, by a majority of the electors qualified to vote for mem- 
bers of the General Assembly, voting thereon, such amendment, or 
amendments, shall become a part of this Constitution. When more 
than one amendment is submitted at the same time, they shall be so 
submitted as to enable the electors to vote on each amendment 
separately. 

JPar. II. No convention of the people shall be called by the General 
Assembly to revise, amend or change this Constitution, unless by the 
concurrence of two-thirds of all the members of each House of the 
General Assembly. The representation in said convention shall be 
based on population as near as practicable. 

Section II 

Paragraph I. The Constitution shall be submitted for ratification 
or rejection to the voters of the State, at an election to be held on the 
first Wednesday in December, one thousand eight hundred and 
seventy-seven, in the several election districts of this State, at which 
election every person shall be entitled to vote who is entitled to vote 
for the members of the General Assembly under the Constitution and 
laws of force at the date of such election ; said election to be held and 
conducted as is now provided by law for holding elections for mem- 
bers of the General Assembly. All persons voting at said election in 
favor of adopting the Constitution shall write or have printed on 
their ballots the words " For Ratification," and all persons opposed to 
the adoption of this Constitution shall write or have printed on their 
ballots the words " Against Ratification." 

Par. II. The votes cast at said election shall be consolidated in each 
of the counties of the State as is now required by law in elections for 
members of the General Assembly,. and returns thereof made to the 
Governor; and should a majority of all the votes cast at said election 
be in favor of ratification, he shall declare the said Constitution 
adopted, and make proclamation of the result of said election by 
publication in one or more newspapers in each Congressional District 
of the State, but should a majority of the votes cast be against ratifi- 
cation, he shall in the same manner proclaim the said Constitution 
rejected. 



874 Georgia— 1877 

ORDINAKOES 
AN ORDINANCE 

Be it ordained by the people of Georgia in Convention assembled: 
1st. That the question of the location of the Capit\il of this State 
be kept out of the Constitution to be adopted by the Convention. 

2d. That at the first general election hereafter held for nieml>era of 
the General Assembly, every voter may indorse on his ballot "At- 
lanta " or " Milledgeville," and the one of these places receiving the 
largest number of votes shall be Capital of the State until changed 
by the same authority and in the same way that may be provided for 
the alteration of the Constitution that may be adopted by the Con- 
vention, whether said Constitution be ratified or rejected. And that 
every person entitled to vote for members of the General Assembly, 
under the present Constitution and laws of this State, shall be enti- 
tled to vote under this ordinance ; and, in the event of the rejection 
of said Constitution, shall (should) a majority of votes cast be in 
favor of Milledgeville, then this provision to operate and take effect 
as an amendment to the present Constitution. 

AN ORDINANCE 

Be it ordained by the people of Georgia in Convention assembled, 
and it is hereby ordained by authority of the same : 

1st. That the article adopted by this Convention on the subject of 
Homestead and Exemption shall not form a part of this Constitu- 
tion, except as hereinafter provided. 

2d. At the election held for the ratification or rejection of this 
Constitution, it shall be lawful for each voter to have written or 
printed on his ballot the words "Homestead of 1877," or the words 
" Homestead of 18G8." 

3d. In the event that a majority of the ballots so cast have indorsed 
upon them the words " Homestead of 1877," then said article, so 
adopted by this Convention shall form a part of the Constitution 
submitted,' if the same is ratified ; but in the event that said Consti- 
tution, so submitted, shall not be ratified, then the article on Home- 
stead and Exemptions, so adopted as aforesaid by this Convention, 
shall supersede article seven of the Constitution of 1868 on the sub- 
ject of Homestead and Exemptions, and form a part of this Consti- 
tution. 

4th. If a majority of the ballots, so cast as aforesaid, shall have 
indorsed upon them the words " Homestead of 1868," then article 
seventh of the Constitution of 1868 shall supersede the article on 
Homestead and Exemptions adopted by this Convention, and shall 
be incorporated in and form (a part) of the Constitution so aib- 
mitted and ratified. 

Read and adopted in Convention, August 22, 1877. 

C. J. Jenkins, 
Pn'Hidenf Constitutional Convention. 

Attest : 

James Cooper Nisbet, Secretary. 



Gecrrgia— 1877— 1898 875 

AlCENDMENTS TO CONSTITUTION 

Paragraph 15, of Section 7, Article 3, stricken out. 

Paragraph 1, Section 1, Article 7, amended by adding at the end of 
said paragraph the following words: "And to make suitable pro- 
visions for such Confederate soldiers as may have been permanently 
injured in such service." 

See Acts of 1884-1885. 

Paragraph 1, Section 1, Article 7, also amended by adding at the 
end of said paragraph the following words : "And to make suitable 

§ revision for such Confederate soldiers as may have otherwise been 
isabled or permanently injured' in such service ; and for the widows 
of such Confederate soldiers as may have died in the service of the 
Confederate States, or since from wounds received therein, or diseases 
contracted therein.'' 

ParaOTaph 3, Section 4, Article 2, amended by striking out " bien- 
nially ' after the word " and " and before the word "thereafter," 
and substituting therefor the word " annuallv." 

Paragraph 6, Section 4, Article 2, amended by striking out the 
words "forty days, unless by a two-thirds vote of the whole number 
of each House," and substituting therefor " fifty days." (These amend- 
ments were construed to apply to Article 3, instead of Article 2.) 

Paragraph 7, Section 7, Article 3, amended by adding thereto, 
" but the first and second reading of each local bill and bank and rail- 
road charters in each House shall consist of the reading of the title 
only, unless said bill is ordered to be engrossed." 

Paragraph 18, Section 7, Article 3, amended by striking out, after 
the word " companies," in the second line, the following words, viz. : 
" Except banking, insurance, railroad, canal, navigation, express and 
telegraph companies," and substituting therefor, at the end of said 
paragraph, after the word " courts," the following, viz. : "All corpo- 
rate powers and privileges to banking, insurance, railroad, canal, 
navigation, express and telegraph companies shall be issued and 
granted by the Secretary of State in such manner as shall be pre- 
scribed by law." 

See Acts of 1890-91, Vol. 1, pages 55 to 60, inclusive. 

Para^aph 1, Section 1, of Article 7, by adding after the word 
service m the thirteenth line of said paragraph, the following words, 
to- wit : " Or who, by reason of age and poverty, or infirmity and 
p)Overty, or blindness and poverty, are unable to provide a living for 
themselves." 

Act approved, December 19, 1893. Adopted bv vote of the people 
Oct., 1894. 

Article VI— 1898,0 Section 1, Section 3, Paragraph 2 : 

The successors to the present and subsequent incumbents shall be 
elected by the electors entitled to vote for members of the General 
Assembly of the whole State, at the general election held for such 
members, next preceding the expiration of their respective terms; 
provided, that the successors for all incumbents whose terms expire 
on or before the first day of January 1899, shall be elected by the 
General Assembly at its session for 1898, for the full term of four 
years. 

« The Code of the State of Georgia. Vol. IV. Prepared by Howard Van Epps, 
E^., NashvlUe, Tenn. : 1901. pp. 63-65. 



876 Georgia— 1877 -1898 

Article VI, Section 3, Paragraph 3 : 

The terms of the judges to be elected under the Constitution (except 
to fill vacancies) shall begin on the first day of January after their 
election. Every vacancy occasioned by death, resignation or other 
causes shall be filled by appointments of the Governor until the 
first day of January after the general election held next after the 
expiration of thirty days from the time such vacancy occurs, at 
which election a successor for the unexpired term shall be elected. 

Article VI, Section 11, Paragraph 1: 

There shall be a Solicitor General for each judicial circuit whose 
official term (except to fill a vacancy) shall be four years. The suc- 
cessors of present and subsequent incumbents shall be elected by the 
electors ot the whole State qualified to vote for members of the 
General Assembly at the general election held next preceding the 
expiration of their respective terms. Every vacancy occasioned by 
death, resignation or other cause, shall be filled by appointment of 
the Governor until the first day of January after the general elec- 
tion lield next after the expiration of thirty days from the time such 
vacancy occurs, at which election a successor for the unexpired term 
shall be elected; provided, that the successors for all incumbents 
whose terms expire on or before the first day of January, 1899, shall 
be elected by the General Assembly at its session for 1898, for the full 
term of four years. 



GUAM. 



Si?e Tkkaty ceding thk Phiuppines etc, 1898 (Philippines, p. 315ii). 

[There are no statutes of Congress nor any public orders of the 
President relating to Guam whicn can be called organic. The resi- 
dent United States naval officer is in complete control of the gov- 
ernment of the island. See Report of the Secretary of War for 1904, 
p. 25.] 

877 



HAWAII. 



JOINT RESOLUTION FOE ANNEXATION OF HAWAIIAN ISLANDS— 

1898 

[Fifty-fifth Congress, Second Session] 

Joint Resolution to provide for annexing the Hawaiian Islands to the United 

States 

WTiereas the Government of the Republic of Hawaii having, in due 
form, signified its consent, in the manner provided by its constitu- 
tion, to cede absolutely and without reserve to the United States of 
America all rights of sovereignty of whatsoever kind in and over the 
Hawaiian Islands and their dependencies, and also to cede and 
transfer to the United States the absolute fee and ownership of all 
public, Government, or Crown lands, public building or edifices, 
ports, harbors, military equipment, and all other public property of 
every kind and description belonging to the Government of the 
Hawaiian Islands, togetner with every right and appurtenance there- 
unto appertaining : Therefore, 

Resolved by the Senate and House of Revresentatives of the United 
States of America in Congress assemhlea^ That said cession is ac- 
cepted, ratified, and confirmed, and that the said Hawaiian Islands 
and their dependencies be, and they are hereby, annexed as a part of 
the territory of the United States and are subject to the sovereign 
dominion thereof, and that all and singular the property and rights 
hereinbefore mentioned are vested in the United States of America. 

The existing laws of the United States relative to public lands shall 
not apply to such lands in the Hawaiian Islands; but the Congress of 
the United States shall enact special laws for their management and 
disposition : Provided^ That all revenue from or proceeds of the same, 
except as regards such part thereof as may be u^ed or occupied for the 
civil, military, or naval purposes of the United States, or may be 
assigned for the use of the local government, shall be used solely for 
the benefit of the inhabitants of the Hawaiian Islands for educational 
and other public purposes. 

Until Congress shall provide for the government of such islands all 
the cival, judicial, and military powers exercised by the officers of the 
existing government in said islands shall be vested in such person or 
persons and shall be exercised in such manner as the President of the 
United States shall direct; and the President shall have power to 
remove said officers and fill the vacancies so occasioned. 

879 



880 Hawaii— 1898 

The existing treaties of the Hawaiian Islands with foreign nations 
shall forthwiSi cease and determine, being replaced by such treaties 
as may exist, or as may be hereafter concluded, between the United 
States and such foreign nations. The municipal legislation of the 
Hawaiian Islands, not enacted for the fulfillment of the treaties so 
extinguished, and not mconsistent with this joint resolution nor con- 
trary to the Constitution of the United States nor to any existing 
treaty of the United States, shall remain in force until the Congress 
of the United States shall otherwise determine. 

Until legislation shall be enacted extending the United States 
customs laws and regulations to the Hawaiian Islands the existing 
customs relations of the Hawaiian Islands with the United States and 
other countries shall remain unchanged. 

The public debt of the Republic or Hawaii, lawfully existing at the 
date of the passage of this joint resolution, including the amounts due 
to depositors in the Hawaiian Postal Savings Bank, is hereby assumed 
by the Government of the United States; but the liabilfty of the 
United States in this regard shall in no case exceed four million dol- 
lars. So long, however, as the existing Government and the present 
commercial relations of the Hawaiian Islands are continued as here- 
inbefore provided said Government shall continue to pay the intei'est 
on said debt. 

There shall be no further immigration of ChinCvSe into the Ha- 
waiian Islands, except upon such conditions as are now or may here- 
after be allowed by the laws of the United States; and no Chinese, 
by reason of anything herein contained, shall be allowed to enter the 
United States from the Hawaiian Islands. 

The President shall appoint five commissioners, at least two of 
whom shall l)e residents oi the Hawaiian Islands, who shall, as soon 
as reasonably practicable, recommend to Congress such legislation 
concerning the Hawaiian Islands as they shall deem necessary or 
proper. 

Sec. 2. That the commissioners hereinbefore provided for shall 
be aj^pointed by the President, by and with the advice and consent of 
the Senate. 

Sec. 3. That the sum of one hundred thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated, out of any 
monev in the Treasury not otherwise appropriated, and to be imme^ 
diately available, to be expended at the discretion of the President 
of the United States of America, for the purpose of carrying this 
joint resolution into effect. 

Approved, July 7, 1898. 



Hawaii— 1900 881 

TEBRITOBIAL OOVEENMENT OF HAWAn— 1900o 

[FIFTY-SIXTH CONGRESS, FIRST SESSION] 

An Act to provide a government for the Territory of Hawaii 

Be it enacted hy the Senate and House of Representati ren of. the 
Vmted States of America in Congress assembled^ 

Chapter T. — General Provisions 
definitions 

Sec. 1. That the phrase " the laws of Hawaii," as used in this Act 
without qualifying words, shall mean the constitution and laws of the 
Republic of Hawaii, in force on the twelfth day of August, eighteen 
hundred and ninety-eight, at the time of the transfer of the sover- 
eignty of the Hawaiian Islands to the United States of America. 

The constitution and statute laws of the Republic of Hawaii then 
in force, set forth in a compilation made by Sidney M. Ballon under 
the authority of the legislature, and published in two volumes en- 
titled '' Civil Laws " and " Penal Laws," respectivelv, and in the 
Session I^ws of ^the Legislature for the session of eighteen hundred 
and ninety-eight, are referred to in this Act as " Civil Laws," " Penal 
Laws," and " Session Laws." 

TERRnX)RY OF HAWAII 

Sec. 2. That the islands acquired by the United States of America 
under an Act of Congress entitled " Joint resolution to provide for 
annexi|ig the Hawaiian Islands to the United States;" approved July 
seventh, eighteen hundred and ninety-eight, shall be known as the 
Territory of Hawaii. 

GOVERNMENT OF THE TERRITORY OF. HAWAII 

Sec. 3. That a Territorial government is hereby established over 
the said Territory, with its capital at Honolulu, on the island of 
Oahu. 

CITIZENSHIP 

Sec. 4. That all persons who were citizens of the Republic of 
Hawaii on August twelfth, eighteen hundred and ninety-eight, are 
hereby declaredto be citizens oi the United States and citizens of the 
Territory of Hawaii. 

And all citizens of the United States resident in the Hawaiian 
Islands who were resident there on or since August twelfth, eight- 
een hundred and ninety-eight, and all the citizens of the United 
States who shall hereafter reside in the Territory of Hawaii for one 
year shall be citizens of the Territory of Hawaii. 

«For other statutes of an organic nature relating to Hawaii subsequent to 
1900 see the act to redeem and exchange for ITnited States silver coin the 
Hawaiian silver eertifloates and ooins^ January 14, 1903; to provide for 
municipal officers and for appeals to United States supreme c-ourt March X 
1905. 



882 Hawaii— 1900 

Af>PLICATION OF THE LAWS OF THE UNITED STATES 

Sec. 5. That the Constitution, and, except as herein otherwise pro- 
vided, all the laws of the United States which are not locally inappli- 
cable, shall have the same force and effect within the said Territory 
as elsewhere in the United States: Provided^ That sections eighteen 
hundred and fifty and eighteen hundred and ninety of the Revised 
Statutes of the United States shall not apply to the Territory of 
Hawaii. 

LAWS OF HAWAII 

Sec. 0. That the laws of Hawaii not inconsistent with the Constitu- 
tion or laws of the United States or the provisions of this Act shall 
continue in force, subject to repeal or amendment by the legislature 
of Hawaii or the Congreas of the United States. 

Sec. 7. That the constitution of the Republic of Hawaii and the 
laws of Hawaii, as set forth in the following acts, chaptei-s, and sec- 
tions of the civil laws, penal laws, and session laws, and relating to 
the following subjects, are hereby repealed : 

Civil Laws : Sections two and three. Promulgation of laws ; chapter 
five, Flag and seal; sections thirty to thirty-three, inclusive, Tenders 
for supplies; chapter seven, Minister of foreign affairs; chapter eight, 
Diplomatic and consular agents; sections one nundred and thirty-rc)ur 
and one hundred and thirty-five. National museum; chapter twelve. 
Education of Hawaiian youths abroad ; sections one hundred and fifty 
to one hundred and fifty-six, inclusive. Aid to board of education; 
chapter fourteen. Minister of the Interior ; sections one hundred and 
sixty-six to one hundred and sixty-eight, inclusive, one hundred and 
seventy-four and one hundred and seventy -five. Government lands; 
section one hundred and ninety, Board of commissioners of public 
lands; section four hundred and twenty-four, Bureau of agriculture 
and forestry ; chapter thirty-one, Agriculture and manufactures ; chap- 
ter thirty-two, Ramie ; chapter thirty-three, Taro flour ; chapter thirty- 
four. Development of resources; chapter thirty-five, Agriculture; 
section four hundred and seventy-seven. Brands; chapter thirty- 
seven. Patents; chapter thirty-eight. Copyrights; sections five hun- 
dred and fifty-six and five hundred and fifty-seven, Railroad subsidy; 
chapter forty-seven. Pacific cable; chapter forty-eight, Hospitals; 
chapter fifty-one, Coins and currency; chapter fiftv-iour. Consolida- 
tion of public debt; chapter fifty-six, Post-office; cliapter fifty-seven. 
Exemptions from postage; chapter fifty-eight, Postal savings banks; 
chapter sixty-five. Import duties; chapter sixty-six. Imports; chap- 
ter sixty-seven, Ports of entry and collection districts; chapter sixty- 
eight. Collectors; chapter sixty-nine. Registry of veasels; section one 
thousand and eleven. Custom-house charges; section eleven hundred 
and two, Elections; section eleven hundred and thirty-two, Appoint- 
ment of magistrate; last clause of first subdivision and fifth subdi- 
vision of siH'tion eleven hundred and forty-four, first subdivision of 
section eleven hundred and forty-five. Jurisdiction; sections eleven 
hundred and seventy-three to eleven hundred and seventy-eight, in- 
chisive. Translation of decisions; section eleven hundred and eighty- 



Hawaii— 1900 883 

eight, Clerks of court; sections thirteen hundred and twenty-nine, 
thirteen hundred and thirty-one, thirteen hundred and thirty-two, 
thirteen hundred and forty-seven to thirteen hundred and fifty- four, 
inclusive, Juries; sections fifteen hundred and nine to fifteen hundred 
and fourteen, inclusive, Maritime matters ; chapter one hundred and 
two, Naturalization; section sixteen hundred and seventy-eight. 
Habeas corpus; chapter one hundred and eight. Arrest of debtors; 
subdivisions six, seven, ten, twelve to fourteen of section seventeen 
hundred and thirty-six, Garnishment; sections seventeen hundred 
and fifty-five to seventeen hundred and fifty-eight, inclusive. Liens 
on vessels; chapter one hundred and sixteen. Bankruptcy, and sec- 
tions eighteen hundred and twenty-eight to eighteen hundred and 
thirty-two, inclusive, Water rights. 

Penal Laws: Chapter six. Treason; section sixty-five to sixty- 
seven, inclusive. Foot binding; chapter seventeen. Violation of postal 
laws; section three hundred and fourteen, Blasphemy; sections three 
hundred and seventy-one to three hundred and seventy-two, inclusive, 
Vagrants; sections four hundred and eleven to four hundred and 
thirteen, inclusive. Manufacture of liquors; chapter forty-three. 
Offenses on the high seas and other waters; sections five hundred and 
ninety-five and six hundred and two to six hundred and five, inclusive, 
Jurisdiction; section six hundred and twenty-three. Procedure; sec- 
tions seven hundred and seven hundred and one. Imports; section 
seven hundred and fifteen. Auction license; section seven hundred and 
forty-five. Commercial travelers; sections seven hundred and forty- 
eight to seven hundred and fifty-five, inclusive. Firearms; sections 
seven hundred and ninety-six to eight hundred and nine, inclusive, 
Coasting trade ; sections eight hundred and eleven and eight hundred 
and twelve. Peddling foreign goods; sections eight hundred and thir- 
teen to eight hundred and fifteen, inclusive. Importation of live stock ; 
section eight hundred and nineteen. Imports; sections eight hundred 
and eighty-six to nine hundred and six, mclusive, Quarantine; section 
eleven hundred and thirty-seven, Consuls and consular agents ; chap- 
(er sixty-seven, Whale ships; sections eleven hundred and forty-five 
to eleven hundred and seventy-nine, inclusive, and twelve hundred 
and four to twelve hundred and nine, inclusive. Arrival, entry, and 
departure of vessels; chapters sixty-nine to seventy-six, inclusive, 
Navigation and other matters within the exclusive jurisdiction of the 
United States; sections thirteen hundred and forty-seven and thir- 
teen hundred and forty-eight. Fraudulent exportation; chapter 
seventy-eight. Masters and servants; chapter ninety-three. Immigra- 
tion; sections sixteen hundred and one, sixteen hundred and eight, 
and sixteen hundred and twelve. Agriculture and forestry; chapter 
ninety-six. Seditious offenses; and chapter ninety-nipe. Sailing 
regulations. 

Session Law^s: Act fifteen. Elections; Act twenty-six, Duties; Act 
twenty-seven. Exemptions from duties; Act thirty-two, Kegistry of 
vessels; section four of Act thirty-eight. Importation of live stock; 
Act forty-eight. Pacific cable; Act sixty-five, Consolidation of public 
cJebt; Act sixty-six, Ports of entry; and Act sixty-eight, Chinese* 
immigration. 



884 Hawaii— 1900 

CERTAIN OFFICES ABOLrlSHED 

Sec. 8. That the offices of President, minister of foreign affairs, 
minister of the interior, minister of finance, minister of public in- 
struction, auditor-general, deputy auditor-general, surveyor-general, 
marshal, and deputy marshal of the Republic of Hawaii are hereby 
abolished. 

AMENDMENT OF OFFICIAL TITLES 

Sec. 9. That wherever the words *" President of the Republic of 
Hawaii," or " Republic of Hawaii," or " Government of the Republic 
of Hawaii," or their equivalents, occur in the laws of Hawaii not 
repealed by this Act, they are hereby amended to read " Governor of 
the Territory of Hawaii," or " Territory of Hawaii," or " Government 
of the Territory of Hawaii," or their equivalents, as the context 
requires. 

r^NSTRXCmON OF EXISTING STATUTES 

Sec 10. That all rights of action, suits at law and in equity, prose- 
cutions, and judgments existing prior to the taking effect of this Act 
shall continue to be as effectual as if this Act had not been passed; 
and those in favor of or against the Republic of Hawaii, and not 
assumed by or transferred to the United States, shall be equallv VBlid 
in favor of or against the government of the Territory of llawaii. 
All offenses which by statute then in force were punishable as offenses 
against the Republic of Hawaii shall be punishable as offenses against 
the government of the Territory of Hawaii, unless such statute is 
inconsistent with this Act, or shall be repealed or changed bv law. 
No person shall be subject to imprisonment for nonpayment oi taxes 
nor for debt. All criminal and penal proceedings then pending in 
(he courts of the Republic of Hawaii shall be prosecuteil to final 
judgment and execution in the name of the Territory of Hawaii ; all 
such proceedings, all actions at law, suits in equity, and other pro- 
ceedings then pending in the courts of the Republic of Hawaii shall 
1>e carried on to final judgment and execution in the corresponding 
courts of the Territory of Hawaii; and all process issued and sen- 
tences imposed before this Act takes effect shall be as valid as if 
issued or imposed in the name of the Territory of Hawaii : Proiuded. 
That no suit or proceedings shall be maintained for the specific per- 
formance of any contract heretofore or hereafter entered into for 
personal labor or service, nor shall any remedy exist or be enforceil 
for breach of any such contract, except in a civil suit or proceeding 
instituted solely to recover damages for such breach: Prorided fur- 
ther^ That the provisions of this section shall not modify or change 
the laws of the United States applicable to merchant seamen. 

That all contracts made since August twelfth, eighteen hundred 
and ninety-eight, by which persons are held for service for a definite 
term, are hereby declared null and void and terminated, and no law 
shall be passed to enforce said contracts in any wayj and it shall be 
the duty of the United States marshal to at once notify such persons 
so held of the termination of their contracts. 



Hawaii— 1900 885 

That the Act approved February twenty-sixth, eighteen hundred 
and eighty-five, " To prohibit the importation and migration of for- 
eigners and aliens under contract or agreement to perform labor in 
the United States, its Territories, and the District of Columbia," and 
the Acts amendatory thereof and supplemental thereto, be, and the 
same are hereby, extended to and maae applicable to the Territory 
of Hawaii. 

STYLE OF PRO(^E8S 

Sec. 11. That the style of all process in the Territorial courts shall 
hereafter run in the name of "The Territorj^ of Hawaii," and all 
prosecutions shall be carried on in the name and by the authority of 
the Territory of Hawaii. 

Chapter II. — The Leoisi^vture 

THE LEGISLATIVE POWER 

Sec. 12. That the legislature of the Territory of Hawaii shall con- 
sist of two houses, styled, respectively, the senate and house of repre- 
sentatives, which shall organize and sit separately, except as other- 
wise herein provided. 

The two houses shall l)e styled '' The legislature of the Territory of 
Hawaii." 

Sec. 13. That no person shall sit as a senator or representative in 
the legislature unless elected under and in conformity with this Act. 

(;eneral elections 

Sec. 14. That a general election shall be held on the Tuesday next 
after the first Monday in November, nineteen hundred, and everj^ 
se<^nd year thereafter: Provided^ however^ That the governor may, in 
his discretion, on thirty days' notice, order a special election before 
the first general election, if, in his opinion, the public interests shall 
require a special session of the legislature. 

EACH HOISE JUDGE OF QUALIFICATIONS OF MEMBERS 

Sec. 15. That each house shall be the judge of the elections, returns, 
and qualifications of its own members. 

disqualifications of legislators 

Sec. 16. That no member of the legislature shall, during the term 
for which he is elected, be appointed or elected to any office of the 
Territory of Hawaii. 

disqualifications of government officers and EMPI/)YEES 

Sec. 17. That no person holding office in or \mder or by authority 
of the Government of the United States or of the Territory of Hawaii 
shall be eligible to election to the legislature, or to hold the position 
of a member of the same while holding said office. 



886 Hawaii— 1900 

Sec. 18. No idiot or insane person, and no person who shall be 
expelled from the legislature for giving or receiving bribes or being 
accessory thereto, and no person wno, in due course of law, shall have 
been convicted of any criminal offense punishable by hnprisonnient, 
whether with or without hard labor, for a term exceeding one year, 
whether with or without fine, shall register to vote or shall vote or 
hold any office in, or under, or by authority of, the government, unless 
the person so convicted shall have been pardoned and restored to his 
civil rights. 

OATH OF OFFICE 

Sec. 19. That every member of the legislature, and all officers of 
the government of the Territory of Hawaii, shall take the following 
oath or affirmation : 

I solemly swear (or affirm), in the presence of Almighty God, that 
I will faithfully support the Constitution and laws of the Unite<i 
States, and conscientiously and impartially discharge my duties as a 
meml)er of the legislature, or as an officer of the government of the 
Territory of Hawaii (as the came may be). 

officers and rules 

Sec. 20. That the senate and house of representatives shall each 
choose its own officers, determine the rules of its own proceedings, 
not inconsistent with this Act, and keep a journal. 

AYES AND NOES 

Sec. 21. That the ayes and noes of the members on any question 
shall, at the desire of one-fifth of the members present, be entered on 
the journal. 

QUORUM 

Sec. 22. That a majority of the number of members to which each 
house is entitled shall constitute a quorum of such house for the con- 
duct of ordinary business, of which quorum a majority vote sliall 
suffice ; but the final passage of a law in each house shall require the 
vote of a majority of all the members to which such house is entitle<l. 

Sec. 23. That a smaller number than a quorum may adjourn from 
day to day, and compel the attendance of absent meml>ers, in such 
manner and under such penalties as each house may provide. 

Sec. 24. That, for the purpose of ascertaining whether there is a 
quorum present, the chairman shall count the number of meinl>ers 
present. 

PUNISHMENT OF PERSONS NOT MEMBERS 

Sec. 25. That each house may punish by fine, or by imprisonment 
not exceeding thirty days, any person not a member of either house 
wlio shall be guilty of (iisrespect of such house by any disorderly or 
contemptuous behavior in its presence or that of any committet* 
thereof; or who shall, on account of the exercise of any legislative 
function, threaten harm to the body or estate of any of the menil)ers 
of such house; or who shall assault, arrest, or detain any witness or 
other person ordered to attend such house, on his w^ay going to or 
returning therefrom ; or who shall rescue any person arrested by order 
of such house. 



Hawaii— 1900 887 

But the person charged with the offense shall be informed, in writ- 
ing, of the charge made against him, and have an opportunity to 
present evidence and be heard in his own defense. 

COMPENSATION OF MEMBERS 

Sec. 26. That the members of the legislature shall receive for their 
services, in addition to mileage at the rate of ten cents a mile each 
wav, the sum of four hundred dollars for each regular session of the 
legislature, pavable in three equal installments on and after the first, 
thirtieth, and fiftieth days of the session, and the sum of two hundred 
dollars for each extra session of the legislature. 

PUNISHMENT OF MEMBERS 

Sec. 27. That each house may punish its own members for disor- 
derly behavior or neglect of duty, by censure, or by a two-thirds vote 
suspend or expel a member. 

EXEMPTION FROM LIABILITY 

Sec. 28. That no member of the legislature shall l)e held to answer 
before any other tribunal for any words uttered in the exercise of his 
legislative functions in either house. 

EXEMPTION FROM ARREST 

Sec. 29. That the members of the legislature shall, in all cases 
except treason, felony, or breach of the peace, be privileged from 
arrest during their attendance at the sessions of the respective houses, 
and in going to and returning from the same: Provided, That such 
privilege as to going and returning shall not cover a period of over 
ten days each way. 

THE SENATE 
NUMBER OF MEMBERS 

Sec. 30. That the Senate shall be composed of fifteen members, who 
shall hold office for four years: Provided, however, That of the sena- 
tors elected at the first general election, two from the first district, 
one from the second, three from the third, and one from the fourth 
district shall hold office for two years only, the details of such appor- 
tionment to be provided for by the legislature. 

vacancies 

Sec. 31. That vacancies caused by death, resignation, or otherwise 
shall be filled for the unexpired term at general or special elections. 

senatorial districts 

Sec. 32. That for the purpose of representation in the senate, until 
otherwise provided by la^, «ie Territory is divided into the following 
senatorial districts, namely : 

First district : The island of Hawaii. 

Second district : The islands of Maui, Molokai, Lanai, and Kahoo- 
lawe. 



888 Hawaii— 1900 

Third district : The island of Oahu. 
Fourth district : The islands of Kauai and Niihau. 
Sec. 33. That the electors in the said districts shall be entitled to 
elect senators as follows : 
In the first district, four ; 
In the second district, three ; 
In the third district, six ; 
In the fourth district, two. 

QUALIFICATIONS OF SENATORS 

Sec. 34. That in order to be eligible to election as a senator a person 
shall— 

Be a male citizen of the United States ; 

Have attained the age of thirty years; 

Have resided in the Hawaiian Islands not less than three years and 
be qualified to vote for senators in the district from which he is 
elected. 

THE HOUSE OF REPRESENTATIVES 
NUMBER OF REPRESENTATIVES 

Sec. 35. That the house of representatives shall be composed of 
thirty members, elected, except as herein provided, every second year. 

TERM OF OFFICE 

Sec. 30. That the term of office of the representatives elected at any 
general or special election shall be until the next general election helci 
thereafter. 

VACANCIES 

Sec. 37. That vacancies in tlie office of representative caused by 
death, resignation, or otherwise shall 1^ filled for the unexpired term 
at special elections. 

REPRESENTATIVE DlSTRICl^^ 

Sec. 38. That for the purpose of representation in the house of rep- 
resentatives, until otherwise provided by law, the Territory is divided 
into the following representative districts, namely : 

First district: That portion of the island of Hawaii known as 
Puna, Hilo, and Hamakua. 

Second district: That portion of the island of Hawaii known as 
Kau, Kona, and Kohala. 

Third district : The islands of Maui, Molokai, Lanai, and Kahoo- 
lawe. 

Fourth district : That portion of the island of Oahu lying east and 
south of Nuuanu street and a line drawn in exteAsion thereof from 
the Nuuanu Pali to Mokapu Point. 

Fifth district : That portion of the island of Oahu lying west and 
north of the fourth district. 

Sixth district : The islands of Kauai and Niihau. 



Hawaii— 1900 889 

APPORTIONMENT 

Sec. 39. That the electors in the said districts shall be entitled to 
elect representatives as follows : 
In the first district, four; 
In the second district, four ; 
In the third district, six ; 
In the fourth district, six ; 
In the fifth district, six ; 
In the sixth district, four. 

QUAUFIOATIONS OF REPRESENTATIVES 

Sec. 40. That in order to be eligible to be a member of the house of 
representatives a person shall, at the time of election — 

Have attained tne age of twenty-five years ; 

Be a male citizen of the United States ; 

Have resided in the Hawaiian Islands not less than three years ; 

And shall be qualified to vote for representatives in the district 
from which he is elected. 

LEGISLATION 
SESSIONS OF THE LEGISLATURE 

Sec. 41. That the first regular session of the legislature shall be 
held on the third Wednesday in February, nineteen hundred and one, 
and bienniallv thereafter, in Honolulu. 

Sec. 42. That neither house shall adjourn during any session for 
more than three days, or sine die, without the consent of the other. 

Sec. 43. That each session of the legislature shall continue not 
longer than sixty days, excluding Sundays and holidays: Provided^ 
however^ That the governor may extend such session for not more 
than thirty days. 

The governor may convene the legislature, or the senate alone, in 
special session, and, in case the seat of government shall be unsafe 
from an enemv, riot, or insurrection, or any dangerous disease, direct 
that any regular* or special session shall be held at some other than 
the regular meeting place. 

ENACTING CLAl'SE ENGLISH LANGUAGE 

Sec. 44. That the enacting clause of all laws shall be, " Be it enacted 
by the legislature of the Territory of Hawaii." 

AU legislative proceedings shall be conducted in the English 
language. 

TITLE OF LAWS 

Sec. 45. That each law shall embrace but one subject, which shall 
be expressed in its title. 

READING OF BILLS 

Sec. 46. That a bill in order to become a law shall, except as herein 

grovided, pass three readings in each house, on separate days, the 
nal pa&sage of which in each house shall be by a majority vote of all 
the members to which such house is entitled, taken by ayes and noes 
and entered upon its journal. 



890 Hawaii— 1900 

CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER 

Sec. 47. That every bill when passed by the house in which it 
originated, or in which amendments thereto shall have originated, 
shall immediately be certified by the presiding officer and clerk and 
sent to the other house for consideration. 

SIGNING BILLS 

Se(\ 48. That, except as herein provided, all bills passed by the 
legislature shall, in order to be valid, be signed by the governor. 

VETO OF GOVERNOR 

Sec. 49. That every bill which shall have passed the legislatui^ 
shall be certified by the presiding officers and clerks of both house>. 
and shall thereupon be presented to the governor. If he approves it, 
he shall sign it, and it shall become a law. If the governor does not 
approve such bill, he may return it, with his objections, to the legis- 
lature. 

He may veto any specific item or items in any bill which appro- 
priates money for specific purposes; but shall veto other bills, if at 
all, only as a whole. 

procedure upon RECEIPT OF VETO 

Sec. 50. That upon the receipt of a veto message from the governor 
each house of the legislature shall enter the same at large upon it> 
journal and proceed to reconsider such bill, or part of a bill, and 
again vote upon it by ayes and noes, which shall be entered upon its 
journal. 

If after such reconsideration such bill, or part of a bill, shall be 
approved by a two-thirds vote of all the members to which each house 
is entitled, it shall thereby become law. 

FAILURE TO SIGN OR VETO 

Sec. 51. That if the governor neither signs nor vetoe^s a bill within 
ten days after it is delivered to him it shall become a law without his 
signature, unless the legislature adjourns sine die prior to the expira- 
tion of such ten days. 

If any bill shall not be returned by the governor within ten da}^? 
(Sundays excepted) after it shall have been presented to him, the 
same shall l)e a law in like manner as if he had signed it, unless the 
legislature by their adjournment prevents its return, in which case it 
shall not be a law. 

APPROPRIATIONS 

Sec. 52. That appropriations, except as otherwise herein provided. 
shall be made biennially by the legislature: Provided^ however^ That 
pending: the time when this Act shall take effect and until a session of 
the legislature of the Territory of Hawaii shall be held, the President 
may, in his discretion, authorize and direct the use of such money in 
the treasury of the Republic of Hawaii as well as of the Territorv of 



Hawaii— 1900 891 

Hawaii, as he shall think requisite and proper for carrying on the gov- 
ernment of the Territory of Hawaii, the preservation of the public 
health, the completion or the sewerage system of the city of Honoluhi, 
and such other expenditures as in the President's judgment shall seem 
to be appropriate. 

Sec. 53. That the governor shall submit to the legislature, at each 
regular session, estimates for appropriations for the succeeding bien- 
nial period. 

Sec. 54. That in case of failure of the legislature to pass appropri- 
ation bills providing for payments of the necessary current expenses 
of carrying on the government and meeting its legal obligations as the 
same are provided for by the then existing laws, the governor shall, 
upon the adjournment of the legislature, call it in extra session for 
the consideration of appropriation bills, and until the legislature shall 
have acted the treasurer may, with the advice of the governor, make 
such payments, for which purpose the sums appropriated in the last 
appropriation bills shall be deemed to have been reappropriated. And 
ail legislative and other appropriations made prior to the date when 
this Act shall take effect, shall be available to the government of the 
Territory of Hawaii. 

LEGISLATIVE POWER 

Sec. 55. That the legislative power of the Territory shall extend to 
all rightful subjects ot legislation not inconsistent with the Constitu- 
tion and laws of the United States locally applicable. The legisla- 
ture, at its first regular session after the census enumeration shall be 
ascertained, and from time to time thereafter, shall reapportion the 
membership in the senate and house of representatives among the 
senatorial and representative districts on the basis of the population 
in each of said districts who are citizens of the Territory ; but the leg- 
islature shall not grant to anv corporation, association, or individual 
any special or exclusive privilege, immunity, or franchise without the 
approval of Congress ; nor shall it grant private charters, but it may 
by general act permit persons to associate themselves together as 
lK)dies corporate for manufacturing, agricultural, and other industrial 
pursuits, and for conducting the business of insurance, savings banks, 
banks of discount and deposit (but not of issue), loan, trust, and 
giiarantv associations, for the establishment and conduct of cemete- 
ries, and for the construction and operation of railroads, wagon roads, 
vessels, and irrigating ditches, and the colonization and improvement . 
of lands in connection therewith, or for colleges, seminaries, churches, \ 
libraries, or any other benevolent, charitable, or scientific association : 
Prorided^ That no corporation, domestic or foreign, shall acquire and 
hold real estate in Hawaii in excess of one thousand acres; and all 
real estate acquired or held by such corporation or association con- 
trary hereto shall be forfeited and escheat to the United States, but 
existing vested rights in real estate shall not be impaired. No divorce 
shall be granted oy the legislature, nor shall any divorce be granted 
by the courts of the Territory unless the applicant therefor shall have 
resided in the Territory for two years next preceding the application, 
but this provision shall not affect any action pending when this Act 
takes effect; nor shall any lottery or sale of lotterv tickets be allowed ; 
nor shall spirituous or intoxicating liquors be sold except under such 
7252— VOL 2—07 2 



892 Hawaii— 1900 

regulations and restrictions as the Territorial legislature shall pro- 
vide; nor shall any public money be appropriated for the support or 
benefit of any sectarian, denominational, or private school, or any 
school not under the exclusive control of the government ; nor shall 
the government of the Territory of Hawaii, or any political or munic- 
ipal corporation or subdivision of the Territory, make any subscrip- 
tion to the capital stock of any incorporated company, or in any man-, 
ner lend its credit for the use thereof; nor shall any debt be author- 
ised to be contracted by or on behalf of the Territory, or any political 
or municipal corporation or subdivision thereof, except to pay the 
interest upon the existing indebtedness, to suppress insurrection, or to 
provide for the common defense, except that in addition to any indebt- 
edness created for such purposes the legislature may authorize loans 
by the Territory, or any such subdivision thereof, for the erection of 
penal, charitable, and educational institutions, and for public build- 
mgs, wharves, roads, and harbor and other public improvements, 
but the total of such indebtedness incurred in any one year by the 
Territory or any subdivision shall not exceed one per centum upon 
the assessed value of taxable property of the Territory or subdivision 
thereof, as the case may be, as shown by the last general assessment 
for taxation, and the total indebtedness for the Territory shall not at 
any time be extended beyond seven per centum of such assessed value, 
and the total indebtedness of any subdivision shall not at any time 
l)e extended beyond three per centum of such assessed value, but noth- 
ing in this provision shall prevent the refunding of any existing 
indebtedness at any time ; nor shall any such loan be made upon the 
credit of the public domain or any part thereof, nor shall any bond or 
other instrument of any such indebtedness be issued unless made 
redeemable in not more than five years and payable in not more than 
fifteen years from the date of the issue thereof; nor shall any such 
bond or indebtedness be incurred until approved bv the Presiaent of 
the United States. 

'1X)WN, ( ITY. AND COl NTY (JOVKRNMENT 

Sec. 5G. That the legislature may create counties and town and 
city municipalities within the Territory of Hawaii and provide for 
the government thereof. 

ELECrriONS 
EXEMPTION OF ELECTORS ON ELECTION DAY 

Sec. 57. That every elector shall l>e privileged from arrest on elec- 
tion day during his attendance at election andin going to and return- 
ing therefrom, except in ease of breach of the peace then committed, 
or in case of treason or felony. 

Sec. 58. That no elector shall be so obliged to perform military duty 
on the day of election as to prevent his voting, except in time of 
war or public danger, or in case of absence from his place of residence 
in actual military service, in which case provision may be made by 
law for taking his vote. 



Hawaii— 1900 893 

METHOD OP VOTING FOR REPRESENTATIVES 

Sec. 59. That each voter for representative may cast a vote for as 
many representatives as are to be elected from the representative dis- 
trict in which he is entitled to vote. 

The reauired number of candidates receiving the highest number of 
votes in tne respective representative districts shall be the representa- 
tives for such districts. 

QlALl FIXATIONS OF VOTERS FOR REPRF:SENTAT1VES 

Sec. ()0. That in order to be qualified to vote for representatives a 
person shall — 

First. Be a male citizen of the United States. 

Second. Have resided in the Territory not less than one year pre- 
ceding and in the representative district in which he offers to register 
not less than three months immediately preceding the time at which 
he offers to register. 

Third. Have attained the age of twenty-one years. 

Fourth. Prior to each regular election, during the time prescril)e(l 
by law for registration, have caused his name to be entered on the reg- 
ister of voters for representatives for his district. 

Fifth. Be able to speak, read, and write the English or Hawaiian 
language. 

METHOD OF VOTING FOR SENATORS 

Sec. ()1. That each voter for senator may cast one vote for each 
senator to be elected from the senatorial district in which he is enti- 
tled to vote. 

The required numl)er of candidates receiving the highest numlH»r of 
votes in the resi>ective senatorial districts shall be the senators for 
such district. 

QVALll'ICATIONS OF VOTERS ¥01X SENA'TORS AND IN ALI. OTHER ELECTIONS 

Sec. 62. That in order to be qualified to vote for senators and for 
voting in all other elections in the Territory of Hawaii a person must 
pos.sess all the qualifications and l^e subject to all the conditions 
required by this Act of voters for representatives. 

Sec. (53. That no person shall be allowed to vote who is in the Ter- 
ritory by reason of being in the Army or Na\^ or by reason of being 
attached, to troops in the service of the Unitecl States. 

Sec. 64. That the rules and regulations for administering oaths 
and holding elections set forth in Ballou's Compilation, Civil Laws, 
Appendix, and the list of registering districts and precincts appended, 
are continued in force with the following changes, to wit : 

Strike out the preliminary proclamation and sections one to twenty- 
six, inclusive, sections thirty and thirty-nine, the second and third 
paragraphs of section forty-eight, the second paragraph of section 
fifty, and sections sixty-two, sixty-three, and sixty-six, second para- 
graph of section one hundred. 



894 Hawaii— 1900 

111 section twenty-nine strike out all after the word *' Niiliau " and 
in lieu thereof insert : " The boards of registration existing at the 
date of the approval of this Act shall go out of office, and new 
boards, which shall consist of three members each, shall be appointed 
by the governor, by and with the advice and consent of the senate, 
whose terms of office shall be four years. Appointments made by the 
governor when the senate is not m session shall l>e valid until the 
succeeding meeting of that body." 

In section thirty-one strike out " the first dav of April and the thir- 
tieth day of June, in the year eighteen hunai'ed and ninety -seven," 
and insert in lieu thereof '' the last day of August and the tenth day 
of October, in the year nineteen hundred." 

Strike out the words '' and the detailed record " in si»ctions fifty- 
two and one hundred and twelve. 

Strike out " marshal " wherever it occurs and insert in lieu there4)f 
" high sheriff." 

Strike out of section fifty-three the words "except as provide<l in 
section one hundred and fourteen hereof." 

In sections fifty-three, fifty-four, fifty-six, fifty-seven, fifty-nine, 
sixty, seventy-one, seventy-five, eighty-six, ninety-two, ninety-three, 
ninety-four, ninety-five, one hundred and eleven, one hundred and 
twelve, and one hundred and thirteen striks out the words " minis- 
ter " and " minister of the interior " wherever they occur and insert 
in lieu thereof the words " secretary of the Territory." 

In section fifty-six, paragraph three, strike out " interior office " 
and insert " office of the secretary of the Territory." 

In section fifty-six, first paragraph, after the words *' candidate for 
election " insert " to the legislature; " and in the last paragraph strike 
out the word '' only." 

Strike out the word " elective " in section sixty- four. 

In sections twenty-seven, sixty-four, sixty-five, sixty-eight, seventy, 
and seventy-two strike out the w ords " minister of the interior '' or 
'' minister " wherever they occur and insert in lieu thereof the word 
*' governor." 

Amend section sixty-seven so that it will read : "At least forty days 
l)efore any election the governor shall issue an election proclamation 
and transmit copies of the same to the several boards of insi>ectors 
throughout the Territory, or where such election is to l>e held.' 

In section seventy-five strike out the word " jwrfectly," and in stH'- 
tion seventy-six strike out " in '' and insert " on." 

Ill s(»ction one hundred and twelve strike out "" interior denart- 
iiieiit " and insert in lieu thereof " office of the secretary of the 
Territory." 

Ill section one hundred and fourteen strike out the word *" Repub- 
lic " wherever it occurs and insert in lieu thereof "Territory." 

In section one hundred and fifteen strike out the words " minister " 
and " minister of the interior " and insert in lieu thereof " ti-easui-er," 
and strike out all after the word "refreshments:" Prorfde<h hoir- 
ere)% That for the holding of a s|>ecial election l)efore the first general 
election the governor may prescribe the time during which the ooaixls 
of registration shall meet and the registration be made. 

Sec. 65. That the legislature of the Territory mav from time to 
time establish and alter the boundaries of election districts and vot- 
ing precincts and apportion the senators and repi-esentatives to be 
elected from such districts. 



Hawaii— 1900 895 

* Chapter III. — The Executive 

THE EXECITTIVE POWER 

Sec. 60. That the executive power of the government of the Terri- 
tory of Hawaii shall be ve.sted in a governor, who shall be appointed 
by the President, by and with the advice and consent of the Senate 
of the United States, and shall hold office for four years and until 
his successor shall be appointed and qualified, unless sooner removed 
by the President. He shall be not less than thirty-five years of age ; 
shall be a citizen of the Territory of Hawaii ; shall be commander in 
chief of the militia thereof; may grant pardons or reprieves for 
offenses against the laws of the said Territory and reprieves for of- 
fenses against the laws of the United States until the decision of the 
President is made known thereon. 

ENFORCEMENT OF LAW^ 

Sec. 67. That the governor shall be responsible for the faithful 
execution of the laws of the United States and of the Territory of 
Hawaii within the said Territory, and whenever it becomes necessary 
he may call upon the commanders of the military and naval forces of 
the United States in the Territory of Hawaii, or summon the i>osse 
cx)mitatus, or call out the militia of the Territory to prevent or sup- 
press lawless violence, invasion, insurrection, or rel)ellion in said 
Territory, and he may, in case of rebellion or invasion, or imminent 
danger thereof, when the public safety requires it, suspend the priv- 
ilege of the writ of habeas corpus, or place the Territory, or any part 
thereof, under martial law until communication can be had with the 
President and his decision therein made known. 

GENERAL POWERS OF THE GOVERNOR 

Sec. 68. That all the powders and duties which, by the laws of 
Hawaii, are conferred upon or required of the President or any min- 
ister of the Republic of Hawaii (acting alone or in cnmnection with 
any other officer or person or body) or the cabinet or executive 
council, and not inconsistent with the Constitution or laws of the 
United States, are conferred upon and required of the governor of 
the Territory of Hawaii, unless otherwise provided. 

SECRETARY OF THE TERRITORY , 

Sec. 69. That there shall be a secretary of the said Territory, who 
shall be apiK)inted bv the President, by and with the advice and con- 
sent of the Senate oi the United States, and who shall be a citizen of 
the Territory of Hawaii and hold his office for four years and until his 
successor shall be appointed and qualified, unless' sooner removed l)v 
the President. He shall record and preserve all the laws and proceed- 
ings of the legislature and all acts and proceedings of the governor, 
and promulgate proclamations of the governor. He shall, within 
thirty days after tlie end of each session of the legislature, transmit to 
the President, the President of the Senate, and the Speaker of the 
House of Representatives of the United States one c»opy each of the 
laws and journals of such session. He shall transmit to the President, 
semiannually, on the first days of January and July, a copy of the 



896 Hatoaii—1900 

executive proceedings, and shall perform such other duties as are pre 
scribed in this Act or as may be required of him by the legislature of 
Hawaii. 

ACTING OOVERNOR IN CERTAIN CONTINGENCIES 

Sec. 70. That in case of the death, removal, resi^ation, or dis- 
ability of the governor, or his absence from the Territory, the seciv- 
tary shall exercise all the i)owers and perform all the duties of gov- 
ernor during such vacancy, disability, or absence, or until another 
governor is appointed and qualified. 

ATTORN EY-GKN ERAL 

Sec. 71. That there shall Ik? an attorney-general, who shall have the 
powers and duties of the attorney-general and those of the powers and 
duties of the minister of the interior which relate to prisons, pris- 
oners, and prison inspectors, notaries public, and escheat of land- 
under the laws of Hawaii, except as changed by this Act and subject 
to modification by the legislature. 

TREASURER 

Sec. 72. That there shall be a treasurer, who shall have the powers 
and duties of the minister of finance and those of the powers and 
duties of the minister of the interior which relate to licenses, corpora- 
tions, companies, and partnerships, business conducted by married 
women, newspapers, registry of conveyances, and registration of 
prints, labels, and trade-marks under the laws of Hawaii, except as 
changed in this x\ct and subject to modification by the legislature. 

COMMISSIONER OF PUBLIC LANDS 

Sec. 73. That the laws of Hawaii relating to public lands, the settle- 
ment of boundaries, and the issuance of patents on land -commission 
awards, except as changed by this Act, shall continue in force until 
(^ongress shall otherwise provide. That, subject to the approval of 
the President, all sales, grants, leases, and other dispositions of the 
public domain, and agreements concerning the same, and all fran- 
chises granted by the Hawaiian government in conformity with the 
laws of Hawaii between the seventh day of July, eighteen hundred 
and ninety-eight, and the twenty-eighth day of September, eighteen 
hundred and ninety-nine, are hereby ratified and confirmed. In saiil 
laws " land patent " shall be substituted for " royal patent; ' 




'* that I have declared my intention to become a citizen of the Unite<l 
States, as required by law," for the words "that I am a citizen bv 
birth (or naturalization) of the Republic of Hawaii," or "that I 
have received letters of denization under the Republic of Hawaii,'' or 
" that I have received a certificate of special right of citizenship from 
the Republic of Hawaii." And no lease of agricultural land snail be 
granted, sold, or renewed by the government of the Territory of 
Hawaii for a longer period than five years until Congress shall other- 
wise direct. All funds arising from the sale or lease or other disposal 



Hawaii— 1900 897 

of such lands shall be appropriated by the laws of the government of 
the Territory of Hawaii and applied to such uses and purposes for 
the benefit of the inhabitants ot the Territorj'^ of Hawaii as are con- 
sistent with the joint resolution of annexation, approved July seventh, 
eighteen hundred and ninety-eight: Provided^ There shall be ex- 
cepted from the provisions of this section all lands heretofore set 
apart, or reserved, by Executive order, or orders, by the President of 
the United States. 

COMMISSIONER OF AORICIiLTl RE AND FORESTRY 

Sec. 74, That the laws of Hawaii relating to agriculture and for- 
estrj^, except as changed by this Act, shall continue in force, subject to 
modification by Congress or the legislature. In said laws " com- 
missioner of agriculture and forestry " shall be substituted, respec- 
tively, for " bureau," " bureau of agriculture and forestry," " commis- 
sioner," " commissioner of agriculture," and " commissioners for the 
island of Oahu." 

SUPERINTENDENT OF PITRLIC WORKS 

Sec. 75. That there shall be a superintendent of public works, who 
shall have the powers and duties of the superintendent of public 
works and those of the powers and duties of the minister of the 
Interior which relate to streets and highways, harbor improvements, 
wharves, landings, w^aterworks, railways, electric light and power, 
telephone lines, fences, pounds, brands, weights and measures, fires 
and fireproof buildings, explosives, eminent domain, public works, 
markets, buildings, parks and cemeteries, and other grounds and lands 
now under the control and management of the minister of the inte- 
rior, and those of the powers and duties of the minister of finance 
and collector-general which relate to pilots and harbor masters under 
the laws of Hawaii, except as changed by this Act and subject to 
modification by the legislature. In said laws the word " legislature " 
shall be substituted for •' councils " and the words " the circuit court " 
for '* the Hawaiian Postal Savings Bank." 

SUPERINTENDENT OF PUBLIC INSTRI'CTION 

Sec. 76. That there shall be a superintendent of public instruction, 
who shall have the powers and perform the duties conferred upon and 
required of the minister of public instruction by the laws of Hawaii 
as amended by this Act, and subject to modification by the legislature. 

It shall be the duty of the United States Commissioner of Labor to 
collect, assort, arrange, and present in annual reports statistical 
details relating to all departments of labor in the Territory of 
Hawaii, especially in relation to the commercial, industrial, social, 
educational, and sanitary condition of the laboring classes, and to all 
such other subjects as Congress may, by law, direct. The said commis- 
.sioner is especially charged to ascertain, at as early a date as possible, 
and as often thereafter as such information may be required, the 
highest, lowest, and average number of employees engaged in the 
various industries in the Territory, to l>e classified as to nativity, sex, 
hours of labor, and conditions of employment, and to report the same 
to Congress. 



898 Hawaii— 1900 



AUDITOR AND DKPI'TY AITDITOI? 



Sec. 77. That there shall be an auditor and deputy auditor, who 
shall have the powers and duties conferred upon and required of the 
auditor-general and deputy auditor-general, respectively, by act 
thirty-nnie of the Session Laws, as amended bv this Act, subject to 
modification by the legislature. In said act " officer " shall be substi- 
tuted for " minister "" where used without other designation. 



SI RVEYOR 



Sec. 78. That there shall be a surveyor, who shall have the powers 
and duties heretofore attached to the surveyor-general, except such as 
relate to the geodetic survey of the Haw^aiian Islands. 



HIGH SHERIFF 



Sec. 79. That there shall be a high sheriff and deputies, who shall 
have the powers and duties of the marshal and deputies of the Repub- 
lic of Hawaii under the laws of Hawaii, except as changed by this 
Act, and subject to modification by the legislature. 

APPOINTMENT, REMOVAL, TENURE, AND SALARH-S OF OFFICERS 

Sec. 80. That the President shall nominate and, by and with the 
advice and consent of the Senate, appoint the chief justice and 
justices of the supreme court, the judges of the circuit courts, who 
shall hold their respective offices for the term of four years, unless 
sooner removed by the President; and the governor shall nominate 
and, by and with the advice and consent of the senate of the Territory 
of Haw^aii, appoint the attorney-general, treasurer, commissioner of 
public lands, commissioner of agriculture and forestry, suj>erintendent 
of public works, superintendent of public instruction, auditor, deputy 
auditor, surveyor, high sheriff, members of the board of health, com- 
missioners of public instruction, board of prison inspectors, board of 
registration and inspectors of election, and any other boards of a pub- 
lic character that may be created by law; and he may make such 
appointments when the senate is not in session by granting commis- 
sions, which shall, unless such appointments are confirmed, expire at 
the end of the next session of the senate. He may, by and with the 
advice and consent of the senate of the Territory of Hawaii, remove 
from office any of such officers. All such officers shall hold office for 
four years and until their successors are appointed and . qualified. 
unless sooner removed, except the commissioners of public instruction 
and the members of said boards, whose terms of office shall be as 
provided by the laws of the Territory of Hawaii. 

The manner of appointment and removal and the tenure of all 
other officers shall be as provided by law; and the governor may ap- 
point or remove anv officer whose appointment or removal is not 
otherwise provided for. 

The salaries of all officers other than those appointed by the Presi- 
dent shall be as provided by the legislature, but those of the chief 
justice and the justices of the supreme court and judges of the circuit 
courts shall not be diminished during their term of office. 



Hawaii— 1900 899 

All officers appointed under the provisions of this section shall be 
citizens of the Territory of Hawaii. 

All persons holding office in the Hawaiian Islands at the time this 
Act takes effect shall continue to hold their respective offices until 
their successors are appointed and qualified, but not beyond the end 
of the first session ot the senate of the Territory of Hawaii unless 
reappointed as herein provided. 

Chapter TV 

THE Jl DiriARY 

Sec. 81. That the judicial power of the Territory shall be vested in 
one supreme court., circuit courts, and in such inferior courts as the 
legislature may from time to time establish. And until the legislature 
shall otherwise provide, the laws of Hawaii heretofore in force con- 
cerning the several courts and their jurisdiction and procedure shall 
continue in force except as herein otherwise provided. 

SI^PREME COURT 

Sec. 82. That the supreme court shall consist of a chief justice and 
two associate justices, who shall be citizens of the Territory of Hawaii 
and shall be appointed by the President of the United States, by and 
with the advice and consent of the Senate of the United States, and 
may be removed by the President: Provided^ however. That in case 
of the disqualification or absence of any justice thereor, in any cause 

fending before the court, on the trial and determination of said cause 
is place shall be filled as provided by law. 

LAWS CONTINUED IN FORCE 

Sec. 83. That the laws of Hawaii relative to the judicial depart- 
ment, including civil and criminal procedure, except as amended by 
this Act, are continued in force, subject to modification by Congress, 
or the legislature. The provisions of said laws or any laws of the 
Republic of Hawaii which require juries to be composed of aliens or 
foreigners only, or to be constituted by impaneling natives of Hawaii 
only, in civil and criminal cases specified in said laws, are repealed. 
and all juries shall hereafter be constituted without reference to the 
race or place of nativity of the jurors; but no person who is not a 
male citizen of the United States and twenty-one years of age and who 
can not understandingly speak, read, and write the English language 
shall l>e a qualified juror or grand juror in the Territory of Hawaii. 
No person shall l)e convicted in any criminal case excei)t by unani- 
mouse verdict of the jury. No plaintiff or defendant in any suit or 
proceeding in a court of the Territory of Hawaii shall l)e entitled to 
a trial by a jury impaneled exclusively from persons of any race. 
Until otherwise provided by the legislature of the Territory, grand 
juries may be drawn in the manner provided by the Hawaiian statutes 
for drawing petty juries, and shall sit at such times as the circuit 
judges of the respective circuits shall direct; the numl)er of grand 
jurors in each circuit shall be not less than thirteen, and the method 
of the presentation of cases to said grand jurors shall l)e prescrilnMl 



900 Hawaii— 1900 

by the supreme court of the Territory of Hawaii. The several circuit 
courts may subpoena witnesses to appear before the grand jury in like 
manner as they subpoena witne.sses to appear before their respective 
courts. 

DI8QITAUFICATION BY RELATIONSHIP, PECUNIARY INTEREST, OR PREA1- 

OUS JUDGMENT 

Sec. 84. That no person shall sit as a judge or juror in any case in 
which his relative by affinity or by consanguinity within the third 
degree is interested, either as a plaintiff or uefendant, or in the iisue 
of which the said judge or juror may have, either directly or througli 
such relative, any pecuniary interest. No judge shall sit on an 
appeal, or new trial, in any case, in which he may have given a previ- 
ous judgment. 

Chapter V. — United States Officers 

delegate to congress 

Sec. 85. That a Delegate to the House of Representatives of the 
United States, to serve during each Congress, shall be elected by the 
voters qualified to vote for members of the house of representatives of 
the legislature; such Delegate shall possess the qualifications neces- 
sary for membership of the senate of the legislature of Hawaii. The 
times, places, and manner of holding elections shall be as fixed by 
law. The person having the greatest number of votes shall be de- 
clared by tne governor duly elected, and a certificate shall be given 
accordingly. 5>ery such Delegate shall have a seat in the House of 
Representatives, with the right of debate, but not of voting. 

FEDERAL COURT 

Sec. 86. That there shall be established in said Territory a district 
court to consist of one judge, who shall reside therein and be called 
the district judge. The President of the United States, by and with 
the advice and consent of the Senate of the United States, shall ap- 
point a district judge, a district attorney, and a marshal of the United 
States for the said district, and said judge, attorney, and marshal 
shall hold office for six years unless sooner removed by the President. 
Said court shall have, in addition to the ordinary jurisdiction of 
district courts of the United States, jurisdiction of all cases cognizable 
in a circuit court of the United States, and shall proceed therein in the 
same manner as a circuit court; and said judge, district attorney, and 
marshal shall have and exercise in the Territory of Hawaii all the 
powers conferred by the laws of the United States upon the judges, 
district attorneys, and marshals of district and circuit courts of the 
United States. Writs of error and appeals from said district court 
shall be had and allowed to the circuit court of appeals in the ninth 
judicial circuit in the same manner as writs of error and appeals are 
allowed from circuit courts to circuit courts of appeals as provided 
by law, and the laws of the United States relating to juries and jur\' 
trials shall be applicable to said district court. The laws of the 
United States relating to appeals, writs of error, removal of causes, 
and other matters and proceedings as l)etween the courts of the 
United States and the coui-ts of the several States shall goveni in 



Hawaii— 1900 901 

such matters and proceedings as between the courts of the United 
States and the courts of the Territory of Hawaii. Regular terms of 
said court shall be held at Honolulu on the second Monday in April 
and October and at Hilo on the last Wednesday in January of each 
year; and special terms may be held at such times and places in said 
district as the said judge may deem expedient. The said district 
judge shall appoint a clerk for said court at a salary of three thou- 
sand dollars per annum, and shall appoint a reporter of said court 
at a salary' of twelve hundred dollars j>er annum. 

INTERNAL-REVKN IE mSTRlCT 

Sec. 87. That the Territory of Hawaii shall constitute a district for 
the collection of the internal revenue of the United States, with a col- 
lector, whose office shall be at Honolulu, and deputy collectors at such 
other places in the several islands as the Secretary of the Treasury 
shall direct. 

CUSTOMS DISTRICT 

Sec. 88. That the Territory of Hawaii shall comprise a customs 
district of the United States, with ports of entry and delivery at 
Honolulu, Hilo, Mahukona, and Kahului. 

Chapter VI. — Miscellaneous 

REVENUES FROM WHARVES 

Sec. 89. That until further provision is made by Congress the 
wharves and landings constructed or controlled by the Republic of 
Hawaii on any seacoast, bay, roadstead, or harbor shall remain under 
the control of the government of the Territory of Hawaii, which shall 
receive and enjoy all revenues derived therefrom, on condition that 
said property shall be kept in good condition for the use and conven- 
ience of commerce, but no tolls or charges shall be made by the gov- 
ernment of the Territory of Hawaii for the use of any such property 
by the United States, or by any vessel of war, tug, revenue cutter, or 
other boat or transport in the service of the United States. 

Sec. 90. That Hawaiian postage stamps, postal cards, and stamped 
envelopes at the post-offices of the Hawaiian Islands when this Act 
takes effect shall not be sold, but, together with those that shall there- 
after be received at such offices as herein provided, shall be canceled 
under the direction of the Postmaster-General of the United States; 
those previously sold and uncanceled shall, if presented at such offices 
within six months after this Act takes effect, be received at their face 
value in exchange for postage stamps, postal cards, and stamped 
envelopes of the United States of the same aggregate face value and, 
so far as mav be, of such denominations as desired. 

Sec. 91. Tnat the public property ceded and transferred to the 
United States by the Republic of itawaii under the joint resolution 
of annexation, approved July seventh, eighteen hundred and ninety- 
eight, shall be and remain in the possession, use, and control of the 
government of the Territory of Hawaii, and shall be maintained. 
managed, and cared for by it, at its own expense, until otherwise 

f>rovided for by Congress, or taken for the uses and purposes of the 
Jnited States bv direction of the President or of the governor of 



902 Hawaii— 1900 

Hawaii. And all moneys in the Hawaiian treasury, and all the reve- 
nues and other property acquired by the Republic of Hawaii since 
said cession shall be and remain the i)roperty of the Territory of 
Hawaii. 

Sec. 92. That the following officers shall receive the following 
annual salaries, to be paid by the United States: The governor, five 
thousand dollars; the secretary of the Territory, three thousand dol- 
lars; the chief justice of the supreme court of the Territory, five 
thousand five hundred dollars, and the associate justices of the 
supreme court, five thousand dollars each, and the judges of the cir- 
cuit courts, three thousand dollars each. The salaries of the said 
chief justice and the associate justices of the supreme court, and the 
judges of the circuit courts as above provided shall be paid bv the 
United States; the United States district judge, five thousand dollars: 
the United States marslial, two thousand five hundred dollars; the 
United States district attorney, three thousand dollai*s. And the 
governor shall receive annually, in addition to his salary, the sum of 
five hundred dollars for stationery, postage, and incidentals; also his 
traveling expenses while absent from the capital on official business, 
and the sum of two thousand dollars annually for his private 
secretary. 

IMPORTS FROM HAWAII INTO THE UNITED STATES 

Sec. 98. That imports from any of the Hawaiian Islands, into any 
State or any other Territory of the United States, of any dutiable 
articles not the growth, production, or manufacture of said islands, 
and imported into them from any foreign country after July seventh, 
eighteen hundred and ninety-eight, and l>efore this Act take*; effect, 
shall pay the same duties that are imposed on the same articles when 
imported into the United States from any foreign country. 

INVESTKJATION OF FISHERIES 

Sec. 04. That the Commissioner of Fish and Fisheries of the 
United States is empowered and required to examine into the entire 
subject of fisheries and the laws relating to the fishing rights in the 
Territory of Hawaii, and report to the President touching the same, 
and to recommend such changes in said laws as he shall see fit. 

REPEAL OF LAWS CONFERRINCi EXC'LI 8IVE FISHING RIGHTS 

Sec. 1)5. That all laws of the Republic of Hawaii which confer 
exclusive fishing rights upon any person or j)ersons are hereby 
repealed, and all fisheries in the sea waters of the Territory of Hawaii 
not included in any fish pond or artificial inclosure shall l)e free to all 
citizens of the ITnited States, subject, however, to vested rights: but 
no sucli vested right shall be valid after three years from the taking 
effect of this Act unless established as hereinafter provided. 

PROCEEDINGS FOR OPENlN(J FISHERIES IX) CITIZENS 

Sec. 00. That any person who claims a private right to any such 
fishery shall, within two years after th taking effe<*t of this Act, fil*' 
his petition in a circuit court of the Territory of Hawaii, setting forth 



Hawaii— 1900 903 

his claim to such fishing right, service of which petition shall be made 
upon the attorney-general, who shall conduct the case for the Terri- 
tory, and such case shall be conducted as an ordinary action at law. 

That if such fishing right be established, the attorney-general of 
the Territory of Hawaii may proceed, in such manner as may be 
provided by law for the condemnation of property for public use, to 
condemn such private right of fishing to the use of the citizens of th(^ 
United States upon making just compensation, which compensation, 
when lawfully ascertained, shall be paid out of any money in the 
treasury of the Territory of Hawaii not otherwise appropriated. 

QUARANTINE 

Sec. 97. That quarantine stations shall be established at such places 
ill the Territory of Hawaii as the Supervising Surgeon-General of the 
Marine-Hospital Service of the United States shall direct, and the 
quarantine regulations for said islands relating to the importation of 
diseases from other countries shall be under the control of the (lovern- 
ment of the United States. The quarantine station and grounds at 
the harbor of Honolulu, together with all the public property belong- 
ing to that service, shall be transferred to the Marine-Hospital Service 
of the United States, and said quarantine grounds shall continue to 
be so used and employed until the station is changed to other grounds 
which may I)e selected by order of the Secretary of the Treasury. 

The health laws of the government of Hawaii relating to the harbor 
of Honolulu and other harbors and inlets from the sea and to the 
internal control of the health of the islands shall remain in the juris- 
diction of the government of the Territorjr of Hawaii, subject to the 
quarantine laws and regulations of the United States. 

Sec. 98. That all veasels carrying Hawaiian registers on the twelfth 
day of August, eighteen hundred and ninety-eight, and which were 
owned bona fide by citizens of the United States, or the citizens of 
Hawaii, together with the following-named vessels claiming Hawaiian 
register. Star of France, Euterpe, Star of Russia, Falls of Clyde, and 
A\ ilscott, shall be entitled to be registered as American vessels, with 
the benefits and privileges appertaining thereto, and the coasting 
trade between the islands aforesaid and any other portion of th(^ 
United States, shall be regulated in accordance with the provisions of 
law applicable to such trade between any two ^reat coasting districts. 

Sec. 99. That the portion of the public domain heretofore known as 
Oown land is hereby declared to have l)een, on the twelfth day of 
August, eighteen hundred and ninety-eight, and prior thereto, the 
property of the Hawaiian government, and to be free and clear from 
any trust of or concerning the same, and from all claim of any nature 
whatsoever, upon the rents, issues, and profits thereof. It shall bo 
subject to alienation and other uses as may be provided by law\ 

Sec. 100. That for the purposes of naturalization under the laws of 
the United States residence in the Hawaiian Islands prior to the tak- 
ing effect of this Act shall be deemed equivalent to residence in the 
United States and in the Territory of Hawaii, and the requirement of 
a previous declaration of intention to become a citizen of the United 
States and to renounce former allegiance shall not apply to persons 
who have resided in said islands at least five years prior to the taking 
offect of this Act; but all other provisions of the laws of the United 



904 Hawaii— 1900 

States relating to naturalization shall, so far as applicable, apply to 
persons in the said islands. 

Sec. 101. That Chinese in the Hawaiian Islands when this Act 
takes effect may within one year thereafter obtain certificates of resi- 
dence as required by "An Act to prohibit the coming of Chinese per- 
sons into the United States," approved May fifth, eighteen hundred 
and 'ninety-two, as amended by an Act approved November third, 
eighteen hundred and ninety-three, entitled '*An Act to amend an 
Act entitled 'An Act to prohibit the coming of Chinese j>ersons into 
the United States,' approved May fifth, eighteen hundred and ninety- 
two," and until the expiration or said year shall not be deemed to be 
unlawfully in the United States if found therein without such cer- 
tificates: Prorided^ howerer^ That no Chinese laborer, whether he 
shall hold such certificate or not, shall be allowed to enter any State, 
Territory, or District of the United States from the Hawaiian 
Islands. 

Sec. 102. That the laws of Hawaii relating to the establishment 
and conduct of any postal savings bank or mstitution are hereby 
abolished. And the Secretary of the Treasury, in the execution of 
the agi'eement of the United States as expressed in an Act entitled 
"Joint Resolution to provide for annexing the Hawaiian Islands to 
the United States," approved July seventh, eighteen hundred and 
ninety-eight, shall pay the amounts on deposit in the Hawaiian Postal 
Savings Bank to the persons entitled thereto, according to their 
respective rights, and he shall make all needful orders, rules, and 
regulations for paying such persons and for notifying such persons to 
present their demands for payment. So much money as is necessary 
to pay said demands is hereby appropriated out of any money in the 
Treasury not otherwise appropriated, to be available on and after the 
first day of July, nineteen hundred, when such payments shall 
l)egin, and none of said demands shall bear interest after said date, 
nnd no deposit shall be made in said bank after said date. Said 
demands of such persons shall be certified to by the chief executive of 
Hawaii as l)eing genuine and due to the persons presenting the same, 
and his certificate shall be sealed with the official seal of the Terri- 
tory, and countersigned by its secretary, and shall be approved by 
the Secretary of the Interior, who shall draw his warrant for the 
amount due upon the Treasurer of the United States, and when the 
same are so paid no further liabilities shall exist in respect of the 
same against the governments of the United States or of Hawaii. 

Skc. 103. That any money of the Hawaiian Postal Savings Bank 
that shall remain unpaid to the persons entitled thereto on the first 
day of July, nineteen hundred and one, and any assets of said bank 
shall be turned over by the government of Hawaii to the Treasurer 
of the United States, and the Secretary of the Treasury shall cause 
an account to be stated, as of said date, between such government of 
Hawaii and the United States in respect to said Hawaiian Postal 
Savings Bank. 

Sec. 104. This Act shall take effect forty-five days from and after 
the date of the approval thereof, excepting only as to section fifty-two, 
relating to appropriations, which shall take effect upon such approval. 

Approved, April 30, 1900. 



IDAHO. 



For organic acts Issued before 18«3 relatiuK to the land now liitliided within 
Idabo see in this worii : 

Convention with Great Britain, 1818 (Oregon, \). 2i)K\), 
Convention with Russia, 1824 (Oregon, p. 2983). 
Treaty with Great Britain, 1^16 (Oregon, p. 2985). 
Territorial Government of Oregon, 1848 (Oregon, p. 2980). 
Territorial Government of Washington, 1853 (Washington, p. 3i>«3). 



TEMPOBABY GOVEENMENT FOE IDAHO— 1863 « 

(Thirty-seventh Congress, Third Session) 

An Act to provide a temjwrary government for the Territory of Idaho 

Be it enacted hy the Senate and Iloxise of Repr'esentatitjes of tlie 
United States of America in Congress assembled^ That all that part 
of the territory of the United States included within the following 
limits, to wit: Beginning at a point in the middle channel of the 
Snake River where the northern boundary of Oregon intersects the 
same; then follow down said channel of Snake River to a point 
opposite the mouth of the Kooskooskia, or Clear Water River; 
thence due north to the forty-ninth parallel of latitude; thence east 
alon^ said parallel to the twenty-seventh degree of longitude west of 
AVashington; thence south along said degree of longitude to the 
northern boundary of Colorado Territory; thence west along said 
l)oundary to the thirty-third degree of longitude west of Washington ; 
thence north along said degree to the forty-second parallel of lati- 
tude; thence west along said parallel to the eastern l)oundarv of the 
State of Oregon; thence north along said boundary to place of 
l)eginning. And the same is hereby created into a temporary gov- 
eiTiment, by the name of the Territory of Idaho: Provided^ That 

« For other statutes of an organic nature relating to Idalio sulweqneiit to 
1863 see the act to provide for reapi>ortionuient of representatives, June 20, 1S(U : 
to regulate elective franchise In, January 25. 18(57; to prohil)it Hi)e<-ial acts of 
lncori>oration, March 2, 18(i7; to reapportion Territory for judicial puri><>*<«^. 
and to regulate sessions of legislative assen)l)ly and elections and terms of 
uienit>ers, March 2, 1807; to regulate elections In, March \\, 18*50; to ref)eal law 
of taxing persons of Mongolian race engaged In mining, July 15, 1870: to 
enlarge Jurisdiction of probate courts In, December 13, 1870; to regulate elec- 
tions in. May 9, 1872; to imf)ower legislature to pass general laws for the Incor- 
fioration of certain companies, June 10, 1872; to limit the duration of legislative 
seflsions and to fix the pay of members, January 28, 1873 ; to fix numl)er of mem- 
bers and compensation of each house of legislature, June 10, 1878, June 27, 
1879: to reapportion members of legislature, June 3, 1880; to limit legislature's 
l»ower to pass special acts of incor|)oratlon, March 3, 1885; to prohibit various 
forms of special legislation, July 30, 188(5 ; to i)ermlt erection of counties, July 
19. 1888. 

905 



906 Idaho— 1863 

nothing in this act contained shall be construed to inhibit the Gov 
ernment of the United States from dividing said Territory or chang- 
ing its boundaries in such manner and at such time as Congress shall 
deem convenient and proper, or from attaching any portion of said 
Territory to anv other state or territory of the United States: Pro- 
rided., further^ That nothing in this act contained shall l>e construed 
to impair the rights of person or property now pertaining to the 
Indians in said Territory, so long as such rights shall remain unex- 
tinguished by treaty between the United States and such Indians, or 
to include and territory which, bv treaty with anv Indian tribes, is not 
without the consent of said tribe to be included within the terri- 
torial limits or jurisdiction of any state or territory; but all such 
territory shall be excepted out of the boundaries, and const it iit<» no 
part of the Territory of Idaho, until said tribe shall signify their 
assent to the President of the United States to be included within said 
Territory, or to affect the authority of the (jovernment of the United 
States to make any regulations respecting such Indians, their lands, 
property, or other rights, by treaty, law, or otherw^ise, which it would 
have been competent for the Government to make if Ihis act had never 
passed. 

Sec. 2. And he it further enacted^ That the executive power and 
authority in and over said Territory of Idaho shall l)e vei>ted in a 
governor, who shall hold his office for four years, and until his suc- 
cessor shall be appointed and qualified, unless sooner removed by the 
President of the United States. The governor shall reside within 
said Territory, and shall be commander-in-chief of the militia, and 
superintendent of Indian affairs thereof. He may grant pardons and 
respites for offences against the laws of said Territory, and reprieve 
for offences against the laws of the United States until the decision 
of the President of the United States can be made known thereon: 
he shall commission all officers who shall be appointed to office under 
the laws of the said Territory, and shall take care that the laws lx» 
faithfully executed. 

Sec. 3. And he it further enacted^ That there shall be a secretary 
of said Territory, who shall reside therein, and shall hold his office 
for four years, unless sooner removed by the President of the United 
States; he shall record and preserve all laws and proceedings of the 
legislative assembly hereinarter constituted, and all the acts and pro- 
ceedings of the governor in his executive department ; he shall trans- 
mit one copy of the laws and journals of the legislative assembly 
within thirty days after the end of each session, and one copy of the 
executive proceedings and official correspondence semiannually, on 
the first days of January and July in each year, to the President of 
the United States, and two copies of the laws to the President of the 
Senate of the United States, and two copies of the laws to the Presi- 
dent of the Senate and to the Speaker of the House of Representatives 
for the use of Congress; and m case of the death, removal, resigna- 
tion, or absence of the governor from the Territory, the secretary 
shall be, and he is hereby, authorized and required to execute and 
perform all the powers and duties of the governor during such 
vacancy or absence, or until another governor shall be duly appointed 
and qualified to fill such vacancy. 



Icluho—1863 907 

Sec. 4. And he it further enacted, That the legislative power and 
authority of said Territory shall be vested in the governor and a 
legislative assembly. The le^slative assembly shall consist of a coun- 
cil and house of representatives. The council shall consist of seven 
members having the qualifications of voters as hereinafter prescribed, 
whose term of service shall continue two years. The house of repre- 
sentatives shall, at its first session, consist of thirteen members pos- 
sessing the same qualifications as prescribed for the members of the 
council, and whose term of service shall continue one year. The num- 
ber of representatives may be increased by the legislative assembly, 
from time to time, to twenty-six, in proportion to the increase of 
qualified voters; and the council, in like manner, to thirteen. An 
apportionment shall be made as nearly equal as practicable among 
the several counties or districts for the election of the council and 
i-epresentatives, giving to each section of the Territory representation 
in the ratio of its qualified voters as nearly as may be. And the mem- 
l>ers of the council and of the house of representatives shall reside in, 
and be inhabitants of, the district or county, or counties, for which 
they may be elected respectively. Previous to the first election, the 
governor shall cause a census or enumeration of the inhabitants and 
qualified voters of the several counties and districts of the Territoiy 
to be taken by such persons and in such mode as the governor shall 
designate and appoint, and the persons so appointed shall receive a 
reasonable compensation therefor. And the first election shall be 
held at such time and places, and be conducted in such manner both 
as to the persons who shall superintend such elections and the returns 
thereof, as the governor shall appoint and direct; and he shall, at 
the same time, declare the number of members of the council and 
house of representatives to which each of the counties or districts 
shall be entitled under this act. The persons having the highest 
number of legal votes in each of said council districts for members 
of the council shall be declared by the governor to be dulv elected to 
the council ; and the persons having the highest number or legal votes 
for the house of representatives shall be declared by the governor to 
be duly elected members of said house: Prouided, That in case two 
or more persons voted for shall have an equal number of votes, and 
in case a vacancy shall otherwise occur in either branch of the legis- 
lative assembly, the governor shall order a new election; and the 
persons thus elected to the legislative assembly shall meet at such 
place and on such day as the governor shall appoint ; but thereafter 
the time, place, and manner of holding and conducting all elections 
by the people, and the apportioning the representation to the several 
counties or districts to tne council and the house of representative's, 
according to the number of qualified voters, shall be prescribed by 
law, as well as the day of the commencement of the regular sessions 
of the legislative assembly: Provided^ That no session in any one 
year shall exceed the term of forty days, except the first session, 
which may continue sixty days. 

Sec. 5. And he it further enacted, That every free white male 
inhabitant above the age of twenty-one years, who shall have been an 
actual resident of said Territory at the time of the passage of this act, 
shall be entitled to vote at the first election, and shall be eligible to 

7252— VOL 2-07 3 



908 Idaho— 1863 

any office within the said Territory ; but the qualification of voters, 
and of holding office, at all subsequent elections, shall.be such as shall 
be prescribed by the legislative assembly. 

Sec, 6. A fid be it further enacted^ That the legislative power of the 
Territory shall extend to all rightful subjects of legislation consistent 
with the Constitution of the United States and the provisions of this 
act ; but no law shall be passed interfering with the primary disposal 
of the soil ; no tax shall be imposed upon the property of the United 
States, nor shall the lands or other property of non-residents be taxed 
higher than the lands or other property of residents. Every bill 
which shall have passed the council and house of representatives of 
the said Territory shall, before it becomes a law, be presented to the 
governor of the Territory ; if he approve, he shall sign it ; but if not, 
he shall return it, with his objections, to the house in which it origi- 
nated, who shall enter the objections at large upon their journal and 
proceed to reconsider it. If, after such reconsideration, two-thirds of 
that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be reobn- 
sidered; 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 deter- 
mined by yeas and nays, to be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor within 
three days (Sunday 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 assembly, by adjournment, prevent its return; in which 
case it shall not be a law : Provided^ That whereas slavery is prohib- 
ited in said territory by act of Congress of June nineteenth, eighteen 
hundred and sixty-two, nothing herein contained shall be construed 
to authorize or permit its existence therein. 

Sec. 7. And be it further enacted^ That all township, district, and 
county officers, not herein otherwise provided for, shall be appointed 
or elected, as the case may be, in such manner as shall be provided by 
the governor and legislative assembly of the Territory of Idaho. The 
governor shall nominate, and by and with the advice and consent of 
the legislative council, appoint all officers not herein otherwise pro- 
vided for; and in the first instance the governor alone may appoint 
all said officers, who shall hold their offices until the end of the first 
session of the legislative assembly, and shall lay off the necessary dis- 
tricts for meml)ers of the council and house of representatives, and 
all other officers. 

Sec. 8. And be it further enacted^ That no member of the legisla- 
tive assembly shall hold or be appointed to any office which shall have 
been createcl, or the salary or emoluments shall have been increased, 
while he was a member, during the term for which he was elected, 
and for one year after the expiration of such term. But this restric- 
tion shall not be applicable to members of the first legislative assem- 
bly; and no person holding a commission or appointment under the 
United States, except postmasters, shall be a member of the legisla- 
tive assembly, or shall hold any office under the government of said 
Territory. 

Sec. 9. And be it further enacted^ That the judicial power of said 
territory shall be vested in a supreme court, district courts, probate 
courts, and in justices of the peace. The supreme court shall consist 



Idaho— 1863 909 

of a chief justice and two associate justices, any two of whom shall 
constitute a quorum, and who shall hold a term at the seat of govern- 
ment of said Territory annually ; and they shall hold their offices dur- 
ing the period of four years, and until their successors shall be 
appointed and (jualified. The said Territory shall be divided into 
three judicial districts, and a district court shall be held in each of 
said districts by one of the justices of the supreme court at such times 
and places as may be prescribed by law; and the said judges shall, 
after their appointments, respectively, reside in the districts which 
shall be assigned them. The jurisdiction of the several courts herein 
provided for, both appellate and original, and that of probate courts 
and of justices of the peace, shall be limited by law : Provided^ That 
justices of the peace shall not have jurisdiction of any matter in con- 
troversy when the title or boundaries of land may be in dispute, or 
where the debt or sum claimed shall exceed one hundred dollars; and 
the said supreme and district courts, respectively, shall possess chan- 
cery as well as common law jurisdiction. Each district court, or the 
judge thereof, shall appoint its clerk, who shall also be the register in 
chancery, and shall keep his office at the place where the court may be 
held. Writs of error, bills of exceptions, and appeals, shall be 
allowed in all cases from the final decisions of said district courts to 
the supreme court, under such regulations, as may be prescribed by 
law. The supreme court, or the justices thereof, shall appoint its 
own clerk, and every clerk shall hold his office at the pleasure of the 
court for which he shall have been appointed. Writs of error and 
app)eals from the final decision of said supreme court shall be allowed, 
and may be taken to the supreme court of the United States in the 
same manner and under the same regulations as from the circuit 
courts of the United States, where the value of the property or the 
amount in controversy, to be ascertained by the oath or affirmation of 
either party, or other competent witnesses, shall exceed one thousand 
dollars, except that a writ of error or appeal shall be allowed to the 
supreme court of the United States from the decision of the said 
supreme court created by this act, or of any judge thereof, or of the 
district courts created by this act, or of any judge thereof, upon any 
writs of habeas corpus involving the question of personal freedom. 
And each of the said district courts shall have and exercise the same 
jurisdiction, in all cases arising under the Constitution and laws of 
the United States, as is vested in the circuit and district courts of the 
United States ; and the first six days of every term of said courts, or 
so much thereof as shall be necessary, shall be appropriated to the 
trial of causes arising under the said Constitution and laws ; and writs 
of error and appeal in all such cases shall be made to the supreme 
court of said Territory, the same as in other easels. The said clerk 
shall receive, in all such cases, the same fees which the clerks of the 
district courts of Washington Territory now receive for similar 
services. 

Sec. 10. And he it further enacted^ That there shall be appointed 
an attorney for said territory, who shall continue in office four years, 
and until his successor shall be appointed and qualified, unless sooner 
removed by the President of the United States, and who shall receive 
the same Zees and salary as the attorney of the United States for the 
present Territory of Washington. There shall also be a marshal for 



910 Idaho— 1863 

the Territory appointed, who shall hold his office for four years, and 
until his successor shall be appointed and qualified, unless sooner 
removed by the President of the United States, and who shall execute 
all processes issuing from the said courts when exercising their juris- 
diction as circuit and district courts of the United States; he shall 
perform the duties, be subject to the same regulations and penalties, 
and be entitled to the same fees as the marshal of the district court 
of the United States for the present Territory of Washington, and 
shall, in addition, be paid two hundred dollars annually as a compen- 
sation for extra services. 

Sec. 11. And he it further enacted^ That the governor, secretary, 
chief justice, and associate justices, attorney,* and marshal, shall be 
appointed by the President of th^ United States, by and with the 
advice and consent of the Senate. The governor and secretary to be 
appointed as aforesaid, shall, before they act as such, respectively, 
take an oath or affirmation before the district judge or some justice 
of the peace in the limits of said Territory duly autnorized to admin- 
ister oaths and affirmations by the laws now in force therein, or before 
the chief justice or some associate justice of the supreme court of the 
United States, to support the Constitution of the United States, and 
faithfully to discharge the duties of their respective offices, which said 
oaths, when so taken, shall be certified by the person by whom the 
same shall have been taken ; and such certificates shall be received and 
recorded by the said secretary among the executive proceedings ; and 
the chief justice and the associate justices, and all civil officers in said 
Territory, before they act as such, shall take a like oath or affirmation 
before the said governor or secretary, or some judge or justice of the 
peace of the Territory, who may be duly commissioned and qualified, 
which said oath or affirmation shall be certified and transmitted by 
the person taking the same to the secretary, to be by him recorded as 
aforesaid; and afterwards the like oath or affirmation shall be taken. 
certified, and recorded in such manner and form as may be prescribed 
by law. The governor shall receive an annual salary of two thou- 
sand five hundred dollars, the chief justice and associate justices shall 
receive an annual salary of two thousand five hundred dollars, the 
secretary shall receive an annual salary of two thousand dollars; the 
said salaries shall be paid quarter-yearly, from the dates of the re- 
spective appointments, at the treasury of the United States; but no 
payment shall be made until said officers shall have entered upon the 
duties of their respective appointments. The members of the legis- 
lative assembly shall be entitled to receive four dollars each per day, 
during their attendance at the sessions thereof, and four dollars each 
for every twenty miles' travel in going to and returning from said 
sessions, estimated according to the nearest usually travelled route, 
and an additional allowance of four dollars per day shall be paid to 
the presiding officer of each house for each day he shall so preside. 
And a chief clerk, one assistant clerk, one engrossing and one enroll- 
ing clerk, a sergeant-at-arms and doorkeeper may be chosen for each 
house ; and the chief clerk shall receive four dollars per day, and the 
said other officers three dollars per day, during the session of the 
legislative assembly ; but no other officers shall be paid bv the ITnited 
States : Provided^ That there shall be but one session of the legislative 



Idaho— 1863 911 

assembly annually, uTiless, on an extraordinary occasion, the governor 
shall think proper to call the legislative assembly together. There 
shall be appropriated annually the usual sum to be expended by the 
governor to defray the contingent expenses of the Territory, includ- 
ing the salary of the clerk oi the executive department; and there 
shall also be appropriated annually a sufficient sum, to be expended 
bv the secretary of the Territory, and upon an estimate to be made by 
tfie Secretary of the Treasury of the United States, to defray the 
expenses of the legislative assembly, the printing of the laws, and 
other incidental expenses ; and the governor and secretary of the Ter- 
ritory shall, in the disbursement of all moneys intrusted to them, be 
governed solely by the instructions of the Secretary of the Treasury 
of the United States, and shall, semi-annually, account to the said 
Secretary for the manner in which the aforesaid moneys shall have 
been expended ; and no expenditure shall be made by said legislative 
assembly for objects not specially authorized by the acts of Congress 
making the appropriations, nor beyond the sums thus appropriated 
for suoi objects. 

Sec. 12. And he it further enacted^ That the legislative assembly of 
the Territory of Idaho shall hold its first session at such time and 
place in said Territory as the governor thereof shall appoint and 
direct; and at said first session, or as soon thereafter as they shall 
deem expedient, the governor and legislative assembly shall proceed 
to locate and establish the seat of government for said Territory at 
such place as they may deem eligible: Promded^ That the seat of 
government fixed oy the governor and legislative assembly shall not 
be at any time changed, except by an act of the said assembly duly 
passed, and which shall be approved, after due notice, at the first 
general election thereafter, by a majority of the legal votes cast on 
that question. 

Sec. 13. And he it further enacted^ That a delegate to the House of 
Representatives of the United States, to serve for the term of two 
years, w^ho shall be a citizen of the United States, may be elected by 
the voters qualified to elect members of the legislative assembly, who 
shall be entitled to the same rights and privileges as are exercised and 
enjoyed by the delegates from the several other territories of the 
United States to the said House of Representatives ; but the delegate 
first elected shall hold his seat only during the term of the Congress 
to which he shall be elected. The first election shall be held at such 
Jime and places, and be conducted in such manner as the governor 
shall appoint and direct; and at all subsequent elections the times, 
places, and manner of holding the elections shall be prescribed by law. 
The person having the greatest number of legal votes shall be declared 
by the governor to be duly elected, and a certificate thereof shall be 
given accordingly. That the Constitution and all laws of the United 
States which are not locally inapplicable shall have the same force 
and effect within the said Territory of Idaho as elsewhere within the 
United States. 

Sec. 14. And he it further enacted^ That when the lands in the said 
Territory shall be surveyed, under the direction of the government of 
the United States, preparatory to bringing the same into market, 
sections numbered sixteen and thirty-six in each township in said 



912 Idaho— 1864 

territory shall be, and the same are hereby, reserved for the purpose 
of being applied to schools in said Territory, and in the states and 
territories hereafter to be erected out of the same. 

Sec. 15. And he it further enacted^ That, until otherwise provideil 
by law, the governor of said Territory may define the judicial dis- 
tricts of said Territory, and assign the judges who may l)e apix)inte(i 
for said Territory to the several districts, and also appoint the times 
and places for holding courts in the several counties or subdivi- 
sions in each of said judicial districts, by proclamation to be issueil 
by him; but the legislative assembly, at their first or any subsequent 
session, may organize, alter, or modifj^ such judicial districts, and 
assign the judges, and alter the times and places of holding the courts, 
as to them shall seem proper and convenient. 

Sec. 16. And he it further enacted^ That all officers to be appointed 
by the President of the United States, by and with the advice and 
consent of the Senate, for the Territory of Idaho, who, by virtue of 
the provisions of any law now existing, or which may be enacteil by 
Congress, are required to give security for moneys that may be in- 
trusted with them for disbursement, shall give such security' at such 
time and in such manner as the Secretary of the* Treasury may 
prescribe. 

S53. 17, -And he it further enacted^ That all treaties, laws, and 
other engagements made bv the Government of the Unite<l States 
with the Indian tril>es inhabiting the Territory embraced within the 
provisions of this act, shall be taithfully and rigidly observed, any- 
thing contained in this act to the contrary notwithstanding; and that 
the existing agencies and superintendencies of s>aid Indians l)e con- 
tinued with the same powers and duties which are now prescribed by 
law, except that the President of the United States may, at his dis- 
cretion, change the location of the office of said agencies or superin- 
tendents. 

Approved, March 8, 1803. 



TEMPOEAEY GOVEENMENT FOE IDAHO— 1864 « 

fTHIRTY-KIGHTII CONGRESS, FiRST SESSION] 

An Act to amend an act entitled "An act to provide a temporary government for 
the Territory of Idaho," approved March third • 

Be it enacted hy the Senate and Tlonse of Representatives of the 
United States of A?nerir(f in Congress assemhled^ That the governor 
of the Territory of Idaho l>e, and he is hereby, authorized to reappor- 
tion said territory for the election of menil)ers of the council and 
house of representatives of the le^jislative assembly: Provided, That 
said apportionment shall be based on an enumeration of the inhal)- 
itants and qualified voters of the several counties and districts of the 
territory, to be taken by such persons and in such mode as the ffov- 
ornor shall designate and appoint, and the persons so appointed jSiall 
receive a reasonable compensation therefor, to be paid out of the ter- 
ritorial treasury: Provided, further^ That this act shall not be con- 
strued to divest any member of the council elected at the first election 



fl statutes at Large. Vol. l."i, pp. 142-3. 



Idaho— 1890 913 

in said territory, of any rights he may have acquired by virtue of 
said election, who was elected from any county or district within the 
present limits of the Territory of Idaho. 

Sec. 2. And he it further enacted ^ That the annual election in said 
territory for the election of all officers provided for by the laws of 
said territory, for the year eighteen hundred and sixty-four, shall be 
held at such places as is now provided by law, and such other places 
as the governor may direct on the second Monday of October. 

Approved, June 20, 1864. 



ACT FOE ADMISSION OF IDAHO— 1890 

[FiFTY-FiBST Congress, First Session] 
An Act to provide for the admission of the State of Idaho into the Union 

AMiereas, The people of the Territory of Idaho did, on the fourth 
day of July, eignteen hundred and eighty-nine, by a convention of 
delegates called and assembled for that purpose, form for themselves 
a constitution, which constitution was ratified and adopted by the 
f>eople of said Territory at an election held therefor on the first 
Tuesday in November, eighteen hundred and eighty-nine, which 
constitution is republican in form and is in conformity with the 
Constitution of the United States; and 

^Miercjas, Said convention and the people of said Territory have 
asked the admission of said Territory into the Union of States on 
an equal footing with the original States in all respects whatever: 
Therefore, 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assenihlea^ That the State of 
Idaho is hereby declared to be a State of the United States of Amer- 
ica, and is hereby declared admitted into the Union on an equal 
footing with the original States in all respects whatever; and that 
the constitution which the people of Idaho have formed for them- 
selves be, and the same is hereby, accepted, ratified, and confirmed. 

Sec. 2. That the said State shall consist of all the Territory de- 
scribed as follows: Beginning at the intersection of the thirty-ninth 
meridian with the boundary line between the United States and the 
British Possessions, then following said meridian south until it 
reaches .the summit of the Bitter Root Mountains; thence southeast- 
ward along the crest of the Bitter Root range and the continental 
divide until it intersects the meridian of thirty-four degrees of lon- 
gitude: thence southward on this meridian to the fortv second par- 
allel of latitude ; thence w est on this parallel of latitucte to its inter- 
section with a meridian drawn through the mouth of the Ow^yhee 
River; north on this meridian to the mouth of the Owyhee River; 
thence down the mid-channel of the Snake River to the mouth of the 
Clearwater River; and thence north on the meridian w'hich passes 
through the mouth of the Clearwater to the boundary-line between 
the United States and the British Possessions, and east on said 
boundary-line to the place of begiiming. 

Sec*. rS? That until the next general census, or until otherwise pro- 
vided by law, said State shall be entitled to one Representative in 



914 Idaho— 1890 

the House of Representatives of the United States and the election 
of the Representatives to the Fifty-first Congress and the Representa- 
tive to the Fifty-second Congress shall take place at the time and be 
conducted and certified in the same manner as is provided in the con- 
stitution of the State for the election of State, district, and other offi- 
cers in the first instance. The law of the Territory of Idaho for the 
registration of voters shall apply to the first election of State, Dis- 
trict, and other officers held alter the admission of the State of Idaho. 
County and precinct officers elected at the first election held after the 
admission of the State Idaho, shall assume the duties of their respec- 
tive officers on the second Monday of January eighteen hundred and 
ninety-one. 

Sec. 4. That sections numbered sixteen and thirty-six in every 
township of said State, and where such sections, or any parts thereof, 
have been sold or otherwise disposed of by or under the authority of 
any act of Congress, other lands equivalent thereto, in legal sub- 
divisions of not Jess than one quarter section, and as contiguous as 
may be to the section in lieu of which the same is taken, are hereby 
granted to said State for the suppjort of common schools, such indem- 
nity lands to be selected within said State in such manner as the legis- 
lature may provide, with the approval of the Secretary of the 
Interior. 

Sec. 5. That all lands herein granted for educational purf)oses 
shall be disposed of only at public sale, the proceeds to constitute a 
permanent school fund, the interest of which only shall be expended 
in the support of said schqpls. But said lands may, under such 
regulations as the legislature shall prescribe, be leased for periods 
of not more than five years, and such lands shall not be subject to 

f)re-emption, homestead entry, or any other entry under the land 
aws of the United States, whether surveyed or unsurveyed, but sliall 
be reserved for school purposes only. 

Sec. 6. That fifty sections of the unappropriated public lands 
within said State, to be selected and located in legal subdivisions as 
provided in section four of this act, shall be, and are hereby, granted 
to said State for the purpose of erecting public buildings at the capi- 
tal of said State for legislative, executive, and judicial purposes. 

Sec. 7. That five per centum of the proceeds of the sales of public 
lands lying within said State which shall be sold by the United 
States subsequent to the admission of said State into the Union, after 
deducting all the expenses incident to the same, shall be paid to the 
said State, to be used as a permanent fund, the interest of which 
only shall be expended for the support of the common schools within 
said State. 

Sec. 8. That the lands granted to the Territory of Idaho by the 
act of February eighteenth, eighteen hundred and eighty-one, entitled 
*'An act to grant lands to Dakota, Montana, Arizona, Idaho, and 
Wyoming for iniiversity purposes," are hereby vested in the State 
of Idaho to the extent of the full quantity of seventy-two sections to 
said State, and any portion of said lands that may not have been 
selected by said Territory of Idaho may be selected bv the said State: 
but said act of February eighteenth, eighteen hundred and eighty-one, 
shall be so amended as to provide that none of said lands shall be 
sold for less than ten dollars per acre, and the proceeds shall consti- 
tute a permanent fund to be safely invested and held by said State, 



Idaho— 1890 915 

and the income thereof l)e used exchisively for university purposes. 
The schools, colleges, and universities provided for in this act shall 
forever remain under the exclusive control of the said State, and no 

Eart of the proceeds arising from the sale or disposal of any lands 
erein granted for educational purposes shall be used for the sup- 
port of any sectarian or denominational school, college, or university. 

Sec. 9. That the penitentiary at Boise City, Idaho, and all lands 
connected therewith and set apart and reserved therefor, and unex- 
pended appropriations of money therefor, and the personal property 
of the United States now being in the Territory of Idaho, which 
has been in use in the said Territory in the administration of the 
Territorial government, including books and records and the prop- 
erty used at the constitutional convention which convened at Boise 
City, in the month of July, eighteen hundred and eighty-nine, are 
hereby granted and donated to the State of Idaho. 

Sec. 10. That ninety thousand acres of land, to be selected and 
located as provided in section four of this act, are hereby granted to 
said State for the use and support of an agricultural college in said 
State, as provided in the acts of Congress making donations of 
lands for such purposes. 

Sec. 11. That in lieu of the grant of land for purposes of internal 
improvement made to the new States by the eighth section of the 
act of September fourth, eighteen hundred and forty-one, which 
section is hereby repealed as to the State of Idaho, and in lieu of aliy 
claim or demand oy the said State under the act of September 
twenty-eighth eighteen hundred and fifty, and section twenty four 
hundred and seventy nine of the Revised Statutes, making a grant of 
.swamp and overflowed lands to certain States, which grant it is hereby 
declared is not extended to the State of Idaho, and in lieu of any 

grant of saline lands to said State the following grants of lands are 
ereby made, to w4t: To the State of Idaho: For the establishment 
ftfid maintenance of a scientific school, one hundred thousand acres: 
For State normal schools, one hundred thousand acres; for the sup- 
port and maintenance of the insane-asylum located at Blackfoot, 
fifty thousand acres; for the support and maintenance of the State 
University located at Moscow, fifty thousand acres; for the support 
and maintenance of the penitentiary located at Boise City, fifty 
thousand acres; for other State, charitable, educational, penal, and 
reformatory institutions, one hundred and fifty thousand acres. , 
None of the lands granted by this act shall be sold for less than ten 
dollars an acre. 

Sec. 12. That the State of Idaho shall not be entitled to any further 
or other grants of land for any purpose than as expressly provided in 
this act. And the lands granted by this section shall be held, appro- 
priated, and disposed of exclusively for the purpose herein mentioned, 
in such manner as the legislature of the State may provide. 

Sec. 13. That all mineral lands shall be exempted from the grants 
by this act. But if sections sixteen and thirty-six, or any subdivi- 
sion, or portion of any smallest subdivision thereof in any township 
f^hall be found by the Department of the Interior to be mineral lands, 
the said State is^ hereby authorized and empowered to select, in legal 
subdivisions, an equal quantity of other unappropriated lands in said 
State, in lieu thereof, for the use and the benefit of the common 
schools of said State. 



916 Idaho— 1890 

Sec. 14. That all lands granted in quantitj^ or as indemnity by this 
act shall be selected, under the direction of the Secretary of the 
Interior, from the surveyed unreserved, and unappropriated public 
lands of the United States within the limits of the State entitled 
thereto. And there shall l>e deducted from the number of acres of 
land donated by this act for specific objects to said State the number 
of acres heretofore donated by Congress to said Territory for similar 
objects. 

Sec. 15. That the sum of twenty-eight thousand dollars, or so 
much thereof as may be necessary, is hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, for defray- 
ing the expenses of said convention and tor the payment of the 
members thereof, under the same rules and regulations and at the 
same rates as are now^ provided by law for the payment of the Terri- 
torial legislatures, and for elections held therefor and thereunder. 
xVny money hereby appropriated not necessary for such purpose shall 
be covered into the Treasury of the United States. 

Sec. 16. That the said State shall constitute a judicial district, the 
name thereof to be the same as the name of the State; and the cir- 
cuit and district courts therefor shall be held at the capital of the 
State for the time being, and the said district shall, for judicial pur- 
poses, until otherwise provided, be attached to the ninth judicial cir- 
cuit. There shall be appointed for said district one district judge, 
one United States attorney, and one United States marshal. The 
judge of the said district shall receive a yearly salary of three thou- 
sand five hundred dollars, payable in four equal installments, on the 
first days of January, April, July, and October of each year, and 
shall reside in the district. There shall be appointed clerks of said 
courts, in the said district, who shall keep their offices at the capital 
of said State. The regular terms of said courts shall be held in said 
district, at the place aforesaid, on the first Mondav in April and the 
first Monday in Xovember of each year, and only one grand jury 
and one petit jury shall be summoned in both said circuit and dis- 
trict courts. The circuit and district courts for said district, and 
the judges thereof, respectively, shall possess the same powers and 
jurisdiction, and perform the same duties required to be performed 
by the other circuit and district courts and judges of the United 
States, and shall be governed by the same laws and regulations. 
The marshal, district attorney, and clerks of the circuit and district 
courts of said district, and all other officers and persons performing 
duties in the administration of justice therein, shall severally pos- 
sess the powers and perform the duties lawfully possessed and 
required to be performed by similar officers in other districts of the 
Ignited States ; and shall, for the services they may perform, receive 
the fees and compensation allowed by law to other similar officers and 
persons performing similar duties in the State of Oregon. 

Sec. 17. That all cases of appeal or writ of error heretofore prose- 
cuted and now pending in the Supreme Court of the United States 
upon any record from the supreme court of said Territory, or that 
may hereafter lawfully be prosecuted upon any record ifrom said 
court, may be heard and determined by said Supreme Court of the 
United States : and the mandate of execution or of further proceed- 
ings shall be directed by tho Supreme Court of the United States to 
the circuit or district court herebv ch-tablished within the said State 



Idaho— 1890 917 

from or to the supreme court of such State, as the nature of the 
case may require. And the circuit, district, and State courts herein 
named shall, respectively, be the successors of the supreme court of 
the Territory, as to all such cases arising within the limits embraced 
within the jurisdiction of such courts, respectively, with full power 
to proceed with the same, and award mesne or final process therein ; 
«nd that from all judgments and decrees of the supreme court of 
the Territory mentioned in this act, in any case arising within the 
limits of the proposed State prior to admission, the parties to such 
judgment shall have the same right to prosecute appeals and writs of 
error to the Supreme Court of the TJnited States as they shall have 
had by law prior to the admission of said State into the Union. 

Sec. 18. That in respect to all cases, proceedings, and matters now 
f>ending in the supreme or district courts of the said Territory at 
the time of the admission into the Union of the State of Idaho and 
arising within the limits of such State, whereof the circuit or district 
courts by this act established might have had jurisdiction under the 
laws of the United States had such courts existed at the time of the 
commencement of such cases, the said circuit and district courts, 
respectively, shall be the successors of said supreme and district 
courts of said Territory; and in respect to all other cases, proceed- 
ings, and matters pending in the supreme or district courts of said 
Territory' at the time of the admission of such Territory into the 
Union, arising wnthin the limits of said State, the courts established 
by such State shall, respectively, be the successors of said supreme 
and district Territorial courts; and all the files, records, indictments. 
and proceedings relating to any such cases shall be transferred to 
such circuit, district, and State courts, respectively, and the same 
shall be proceeded with therein in due course of law; but no writ, 
action, indictment, cause, or proceeding now pending, or that prior 
to the admission of the State shall be pending, in any Territorial 
court in said Territory, shall abate bv the admission of such State 
into the Union, but the same shall be transferred and proceeded 
Avithin the proper United States circuit, district, or State court as 
the case may be: Provided^ hojvever^ That in all civil actions, causes, 
and proceedings in which the United States is not a party transfers 
shall not be made to the circuit and district courts of the United 
States, except upon written request of one of the parties to such 
action or proceeaing filed in the proper court; and in the absence of 
such request such cases shall be proceeded with in the proper State 
courts. 

Sec. 19. That from and after the admission of said State into the 
Union, in pursuance of this act, the laws of the United States not 
locally inapplicable shall have the same force and effect within the 
said State as elsewhere within the United States. 

Sec. 20. That the legislature of the said State may elect two Sen- 
ators of the United States as is provided by the constitution of said 
State, and the Senators and Representative of said State shall be 
entitled to seats in Congress and to all the rights and privileges of 
Senators and Representatives of other States in the Congress of the 
TJnited States. 

Sec 21. That until the State officers are elected and qualified under 
the provisions of the constitution of said State, the officers of the 
Territory of Idaho shall discharge the duties of their respective 



918 Idaho— 1889 

offices under the constitution of the State, in the manner and form 
as therein provided; and all laws in force made by said Territory, at 
the time of its admission into the Union, shall be in force in said 
State, except as modified or changed by this act or by the constitution 
of the State. 

Sec. 22. That all acts or parts of acts in conflict with the provisions 
of this act, whether passed by legislature of said Territory or by 
Congress, are hereby repealed. 

Approved, July 3, 1890. 



CONSTITUTION OF IDAHO— 1889 « 

PREAMBLE 

We, the people of the State of Idaho, grateful to Almighty God 
for our freedom, to secure its blessings and promote our common 
welfare do establish this Constitution. 

Article I 

DECLARATION OF RIGHTS 

Section 1. All men are bv nature free and equal and have certain 
inalienable rights, among which are enjoying and defending life and 
liberty, acquiring, possessing, and protecting property, pursuing hap- 
piness, and securing safety. 

Sec. 2. All political power is inherent in the people. Government 
is instituted for their equal protection and benefit, and they have the 
right to alter, reform, or abolish the same whenever they may deem 
it necessary, and no special privileges or immunities shall ever be 
granted that may not be altered, revoked, or repealed by the 
legislature. 

a Verified hy " The Constitution of the State of Idaho and the act providing for 
tlie admission of the State. Prepared and published by A. J. Pinkham. Secretary 
of State. Under authority of House Joint Resolution No. 3. Boise City, Idaho : 
The Statesman Printing Co., 1891. 

Department of State, 

Secretary's OmcE. 

I, A. J. Pinkham, Secretary of State of the State of Idaho, do hereby certify 
the following to be true and correct copies of the Constitution of the State of 
Idaho, adopted in Convention, August 6, 1889, and the Act of Congress admitting 
the State of Idaho into the Union of States, approved July 3, 1890. as appear 
of record in my office. 

In testimony whereof, I have hereunto set my hand and affixed the Great 
Seal of the State. Done at the City of Boise, the Capital of Idaho, this Nine- 
teenth day of February, in the year of our Lord One Thousand Eight Hundred 
and Ninety-one, and of the Independence of the United States of America, the 
One Hundred and Fifteenth. 

[seal.] a. J. Pinkham, 

Secretary of State" 

Also for debates and proceedings in this convention see ** Idaho Daily States- 
man," June 8 to August 11, 1889, and "The Sioux City Journal, Iowa," July 4 
to October 8, 1889. 



Idaho— 1889 919 

Sec. 3. The State of Idaho is an inseparable part of the American 
Union, and the Constitution of the United States is the supreme law 
of the land. 

Sec. 4. The exercise and enjoyment of religious faith and worship 
shall forever be guaranteed ; and no person snail be denied any civil 
or political right, privilege, or capacity on account of his religious 
opinions; but the liberty of conscience hereby secured shall not be 
{•onstrued to dispense with oaths or affirmations, or excuse acts of 
licentiousness or justifjr polygamous or other pernicious practices, 
inconsistent with morality or the peace or safety of the State; nor 
to permit any person, organization, or association to directly or indi- 
rectly aid or abet, counsel or advise, any person to commit the 
crime of bigamy or polygamy, or any other crime. No person shall 
be required to attend or support any ministry or place of worship, 
religious sect or denomination, or pay tithes against his consent ; nor 
shall any preference be given by law to any religious denomination 
or mode or worship. Bigamy and polygamy are forever prohibited 
in the State, and the legislature shall provide by law for the punish- 
ment of such crimes. 

Sec. 5. The privilege of the writ of habeas corpus shall not be sus- 
pended unless, in case of rebellion or invasion, the public safety 
requires it, and then only in such manner as shall be prescribed by 
law. 

Sec. 6. All persons shall be bailable by sufficient sureties, except for 
capital offenses, where the proof is evident or the presumption great. 
Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Sec. 7. The right of trial by jury shall remain inviolate j but in 
civil actions three- fourths, of the iury may render a verdict, and the 
legislature may provide that in all cases of misdemeanors five-sixths 
oi the jury may render a verdict. A trial by jury may be waived in 
all criminal cases not amounting to felony by the consent of both par- 
ties, expressed in open court, and in civil actions by the consent of the 
parties, signified in such manner as may be prescribed by law. In 
civil actions and cases of misdemeanor the jury may consist of twelve, 
or of any number less than twelve upon which the parties may agree 
in open court. 

Sec. 8. No person shall be held to answer for any felony or criminal 
offense of any grade, unless on presentment or indictment of a grand 
jury or on information of the public prosecutor, after a commitment 
by a magistrate, except in cases of impeachment, in cases cognizable 
by probate courts or by justices of the peace, and in cases arising in 
the militia when in actual service in time of war or public danger: 
Provided^ That a grand jury may be summoned upon the order of the 
district court in the manner provided by law : And provided further^ 
That after a charge has been ignored by a grand jury, no person shall 
be held to answer or for trial therefor upon information of the public 
prosecutor. 

Sec. 9. Every person may freely speak, write, and publish on all 
subjects, being responsible ioT the abuse of that liberty. 

Sec. 10. The people shall have the right to assemble in a peaceable 
manner to consult for their common good ; to instruct their represen- 
tatives, and to petition the Legislature for the redress of grievances. 

Sec. 11. The people have the right to bear arms for their security 



920 Idaho— 1889 

and defense; but the Legislature shall regulate the exercise of this 
right by law. 

Sec. 12. The military shall be subordinate to the civil power; and 
no soldier in time of peace shall be quartered in any house without 
the consent of its owner, nor in time of war except in the manner 
prescribed by law. 

Sec. 13. In all criminal r osecutions, the party accused shall have 
the right to a speedy and p : jlic trial ; to have the process of the court 
to compel the attendance of witnesses in his behalf, and to appear and 
defend in person and with counsel. 

No person shall bo twice put in jeopardy for the same offense; nor 
be compelled in any criminal case to be a witness against himself, nor 
be deprived of life, liberty or property without due process of law. 

Sec. 14. The necessarv use of lands for the construction of reser- 
voirs or storage basins, tor the purposes of irrigation, or for rights of 
way for the construction of canals, ditches, flumes, or pipes, to convey 
water to the place of use, for any useful, beneficial, or necessary pur- 
pose, or for arainage ; or for the drainage of mines, or the working 
thereof, by means of roads, railroads, tramways, cuts, tunnels, shafts, 
hoisting works, dumps, or other necessary means to their complete 
development, or any other Uvse necessary to the complete development 
of the material resources of the State, or the preservation of the 
health of its inhabitants, is hereby declared to be a public use, and 
subject to the regulation and control of the State. 

Private property may be taken for public use, but not until a just 
compensation, to be ascertained in a manner prescribed by law, shall 
be paid therefor. 

Sec. 15. There shall be no imprisonment for debt in this State 
except in cases of fraud. 

Sec. 16. No bill of attainder, e^x post facto law, or law impairing 
the obligation of contracts, shall ever be passed. 

Sec. 17. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 
shall not be violated ; and no warrant shall issue without probable 
cause, shown by affidavit, particularly describing the place to be 
searched and the person or thing to be seized. 

Sec. 18. Courts of justice shall be open to every person, and a 
speedy remedy afforded for every injury of person, property or char- 
acter, and right and justice shall be administered without sale, denial, 
delay, or prejudice. 

Sec. 19. No power, civil or military, shall at any time interfere 
with or prevent the free and law^f ul exercise of the right of suffrage. 

Sec. 20. No property qualification shall ever be required for any 
person to vote or hold office except in school elections or elections 
creating indebtedness. 

Sec. 21. This enumeration of rights shall not be construed to 
impair or deny other rights retained by the people. 

Article II 

DISTRIBITTION OF I^OWERS 

Section 1. The powers of the government of this State are 
divided into thi*ee distinct departments, the Legislative, Executive 



Idaho— 1889 921 

and Judicial; and no person or collection of persons charged with 
the exercise of powers properly belonging to one of these departments, 
shall exercise any powers properly belon^ng to either of the others, 
except as in this Constitution expressly directed or permitted. 

Article III 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of the State shall be vested in 
a senate and house of representatives. The enacting clause of every 
bill shall be as follows : " Be it enacted by the Legislature of the 
State of Idaho." 

Sec. 2. The senate shall consist of eighteen members and the house 
of representatives of thirty-six members. The Legislature may 
increase the number of senators and representatives: rrovided^ The 
number of senators shall never exceed twenty- four, and the house of 
representatives shall never exceed sixty members. The senators 
and representatives shall be chosen by the electors of the respective 
counties or districts into which the State may from time to time be 
divided by law. 

Sec. 3. The senators and representatives shall be elected for the 
term of two years, from and after the first day of December next 
following the general election. 

Sec. 4. The members of the first legislature shall be apportioned 
to the several legislative districts of the State in proportion to the 
number of votes polled at the last general election for Delegate to 
Congress, and thereafter to be apportioned as may be provided by 
law : Provided^ Each county shall be entitled to one representative. 

Sec. 5. A senatorial or representative district, when more than 
one county shall constitute the same, shall be composed of contiguous 
counties and no county shall be divided in creating such districts. 

Sec. C. No person shall be a senator or representative who at the 
time of his election is not a citizen of the United States and an elector 
of this State, nor any one who has not been for one year next pre- 
ceding his election an elector of the county or district whence he may 
be chosen. 

Sec. 7. Senators and representatives, in all cases except for treasoil, 
felony, or breach of the peace, shall be privileged from arrest during 
the session of the Legislature, and in going to and returning from the 
same, and shall not be liable to any civil process during the session 
of the Legislature, nor during the ten days next before the commence- 
ment thereof; nor shall a member for w^ords uttered in debate in 
either house be questioned in any other place. 

Sec. 8. The sessions of the Legislature shall, after the first session 
thereof, be held biennially, at the Capital of the State, commencing 
on the first Monday after the first day of January, and everv second 

{•^ear thereafter, unless a different day shall have been appointed by 
aw, and at other times when convened by the Governor. 

Sec. 9. Each house when assembled shall choose its own officers, 
judge of the election, qualifications, and returns of its own members, 
determine its own rules of proceeding, and sit upon its own adjourn- 
ments; but neither house shall, without the concurrence of the other, 



922 Idaho— 1889 

adjourn for more than three days, nor to any other place than that in 
which it may be sitting. 

Sec. 10. 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 jn such manner and 
under such penalties as such house may provide. A quorum being 
in attendance, if either house fail to effect an organization within 
the first four days thereafter, the members of the house so failing 
shall be entitled to no compensation from the end of the said four 
days until an organization shall have been effected. 

OEC. 11. Each house may, for good cause shown, with the con- 
currence of two-thirds of all the members, expel a member. 

Sec. 12. The business of each house, and oi the committee of the 
whole, shall be transacted openly and not in secret session. 

Sec. 13. Each house shall keep a journal of its proceedings; and 
the yeas and nays of the members of either house an any question, 
shall, at the request of any three members present, be entered on the 
journal. 

Sec. 14. Bills may originate in either house, but may be amended 
or rejected in the other, except that bills for raising revenue shall 
originate in the house of representatives. 

Sec. 15. No law shall be passed except by bill, nor shall any bill 
be put upon its final passage until the same, with the amendments 
thereto, shall have been printed for the use of the members; nor shall 
any bill become a law unless the same shall have been read on three 
several days in each house previous to the final vote thereon: Pro- 
vided, In case of urgency, two- thirds of the house where such bill 
may be pending may, upon a vote of the yeas and nays, dispense 
with this provision. On the final passage of all bills they shall be 
read at length, section by section, and the vote shall be by yeas and 
nays upon each bill separately, and shall be entered upon the journal : 
and no bill shall l^ecome a law without the concurrence of a majority 
of the members present. 

Sec. 16. Every act shall embrace but one subject and matters prop- 
erly connected therewith, which subject shall be expressed in the title: 
but if any subject shall be embraced in an act which shall not be 
expressed in the title, such act shall be void only as to so much thereof 
as shall not be embraced in the title. 

Sec. 17. Every act or joint resolution shall be plainly wordeil, 
avoiding as far as practicable the use of technical terms. 

Sec. 18. Xo act shall be revised or amended by mere reference to 
its title, but the section as amended shall be set forth and published 
at full length. 

Sec. 19. The legislature shall not pass local or special laws in any 
of the following enumerated cases, that is to say: 

Regulating the jurisdiction and duties of justices of the peace and 
constables. 

For the punishment of crimes and misdemeanors. 

Regulating the practice of the courts of justice. 

Providing for a change of venue in civil or criminal actions. 

Granting divorces. 

Changing the names of persons or places. 



Idaho— 1889 923 

Authorizing the laying out, opei^g, altering, maintaining, work- 
ing on, or vacating roads, highways, streets, alleys, town plats, parks, 
cemeteries, or any j)ublic grounds not owned by the State. 

Summoning and impanneling grand and trial juries, and providing 
for their compensation. 

Regulating county and township business, or the election of county 
and township officers. 

For the assessment and collection of taxes. 

Providing for and conducting elections, or designating the place of 
voting. 

Affecting estates of deceased persons, minors, or other persons under 
legal disabilities. 

Extending the time for collection of taxes. 

Giving efect to invalid deeds, leases or other instruments. 

Refunding money paid into the State treasury. 

Releasing or extinguishing, in whole or in part, the indebtedness, 
liability or obligation of any person or corporation in this State, or 
anv municipal corporation therein. 

Declaring any person of age, or authorizing any minor to sell, lease, 
or encumber his or her property. 

Legalizing as against the State the unauthorized or invalid act of 
any oflScer. 

Exemj)ting property from taxation. 

Changing countv seats; unless the law authorizing the change shall 
require that two-thirds of the legal votes cast at a general or special 
election shall designate the place to which the countv seat shall be 
changed: Promded^ That the power to pass a special law shall cease 
as long as the legislature shall provide for such change by general 
law : Proi'^ided further^ That no special law shall l)e passed T()r any 
one county oftener than once in six years. 

Restoring to citizenship persons convicted of infamous crimes. 

Regulating the interest on money. 

Authorizing the creation, extension or impairing of liens. 

Chartering or licensing ferries, bridges or roads. 

Remitting fines, penalties or forfeitures. 

Providing for the management of common schools. 

Creating offices or prescribing the powers and duties of officers in 
counties, cities, townships, election districts, or school districts, ex- 
cept as in this Constitution otherwise provided. 

Changing the law of descent or succession. 

Authorizing the adoption or legitimization of children. 

For limitation of civil or criminal actions. 

Creating any corporation. 

Creating, increasing or decreasing fees, percentages, or allowances 
of public officers during the term for which said officers are elected 
or appointed. 

Sec. 20. The Legislature shall not authorize any lottery or gift 
enterprise under any pretense or for any purpose whatever. 

Sec. 21. All bills or joint resolutions passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 22. No act shall take effect until sixty days from the end of 
the session at which the same shall have been passed, except in case 

7252— VOL 2—07 4 



924 Idaho— 1889 

of emergency, which emergency shall be declared in the preamble or 
in the body of the law. 

Sec. 23. Each member of the Legislature shall receive for liLs 
services a sum not exceeding five dollars per day from the commence- 
ment of the session, but such pay shall not exceed for each member, 
except the presiding officers, in the aggregate three hundred dollars 
for per diem allowances for any one session; and shall receive each 
the sum of ten cents per mile each way by the usual traveled route. 

When convened in extra session by the Governor, they shall each 
receive five dollars per day; but no extra session shall continue for 
a longer period than twenty days, except in case of the first session 
of the Legislature. They shall receive such mileage as is allowed 
for regular sessions. The presiding officers of the Legislature shall 
each in virtue of his office receive an additional compensation equal 
to one-half his per diem allowance as a member: Provided j That 
whenever any member of the Legislature shall travel on a free pa.ss 
in coming to or returning from the session of the Legislature, the 
number of miles actually traveled on such pass shall be deducted 
from the mileage of such member. 

Sec. 24. The first concern of all good government is the virtue 
and sobriety of the people, and the purity or the home. The Legisla- 
ture should further all wise and well directed efforts for the promo- 
tion of temperance and morality. 

Sec. 25. The members of the Legislature shall, before they enter 
upon the duties of their respective offices, take or subscribe the fol- 
lowing oath or affirmation: " I do solemnly swear (or affirm, as the 
case may be) that I will support the Constitution of the United States 
and the Constitution of the State of Idaho, and that I will faithfully 
discharge the duties of senator (or representative, as the case may be) 
according to the best of my ability." And such oath may be adminis- 
tered by the Governor, Secretary of State, or judge oi the supreme 
court, or presiding officer of either house. 

Article IV 

EXECUTIVE DEPART31ENT 

Section 1. The executive department shall consist of a Governor, 
Lieutenant-Governor, Secretarv of State, State Auditor, State Treas- 
urer, Attorney-General, and l§uperintendent of Public Instruction, 
each of whom shall hold his office for two years beginning on the first 
Monday in January next after his election, except as otherwise pro- 
vided in this Constitution. The officers of the executive department, 
excepting the Lieutenant-Governor, shall, during their terms of office, 
reside at the seat of government, w^here they shall keep the public 
records, books, and papers. They shall perform such duties as are 
prescribed by this Constitution and as may be prescribed by law. 

Sec. 2. The officers named in section one of this article shall be 
elected by the qualified electors of the State at the time and places of 
voting for members of the Legislature, and the persons, resptn^tively, 
having the highest number of votes for the office voted for shall be 
elected ; but if two or more shall have an equal and the highest num- 
ber of votes for any one of said offices, the two houses of the Legrisla- 
ture at its next regular session, shall forthwith, by joint ballot, elect 



Idaho— 1889 925 

one of such persons for said office. The returns of election for the 
officers named in section one shall be made in such manner as may be 
prescribed by law, and all contested elections of the same, other than 
provided for in this section, shall be determined as may be prescribed 
by law. 

Sec. 3. No person shall be eligible to the office of Governor or Lieu- 
tenant-Governor unless he shall have attained the age of thirty years 
at the time of his election ; nor to the office of Secretary of State, State 
Auditor, Superintendent of Public Instructidn, or State Treasurer 
unless he shall have attained the age of twenty-five years ; nor to the 
office of Attorney-General unless he shall have attained the age of 
thirty years, and have been admitted to practice in the supreme court 
of the State or Territory of Idaho, ana be in good standing at the 
time of his election. In addition to the qualifications above described 
each of the officers named shall be a citizen of the United States and 
shall have resided within the State or Territory two years next pre- 
ceding his election. 

Sec. 4. The Governor shall be commander-in-chief of the military 
forces of the State, except when they shall be called into actual service 
of the United States. He shall have power to call out the militia to 
execute the laws, to suppress insurrection, or to repel invasion. 

Sec. 5. The supreme executive power of the State is vested in the 
GoJFemor, who shall see that the laws are faithfully executed. 

Sec. 6. The Governor shall nominate and, by and with the consent 
of the senate, appoint all officers w^hose offices are established by this 
Constitution, or which may be created by law and whose appointment 
or election is not otherwise provided for. If, during the recess of the 
senate, a vacancy occurs in any State or district office, the Governor . 
shall appoint some fit person to discharge the duties thereof until the 
next meeting of the senate, when he shall nominate some person to fill 
such office. If the office of a Justice of the supreme or district court, 
Secretary of State, State Auditor, State Treasurer, Attorney-General, 
or Superintendent of Public Instruction shall be vacated by death, 
resiignation or otherwise, it shall be the duty of the Governor to fill 
the same by appointment, and the appointee shall hold his office until 
his successor shall be elected and qualified in such manner as may be 
provided by law. 

Sec. 7. The Governor, Secretary of State, and Attorney-General 
shall constitute a board to be know^n as the board of pardons. Said 
board, or a majority thereof, shall have power to remit fines and 
forfeitures, and to grant commutations and pardons after conviction 
and jud^ent, either absolutely or upon such conditions as they may 
impose, in all cases of offenses against the State except treason or 
conriction on impeachment. The Legislature shall oy law pre- 
scribe the sessions of said board and the manner in which applications 
shall be made and regulate the proceedings thereon; but no fine or 
forfeiture shall be remitted, and no commutation or pardon granted, 
except by the decision of a majority of said board, after a full hear- 
ing m open session, and until previous notice of the time and place 
of such hearing and the release applied for shall have l)een given by 
publication in some newspaper of general circulation at lea^*t once 
a week for four weeks. The proceedings and decision of the board 
shall be reduced to writing and with their reasons for their action 
in each case, and the dissent of any member who may disagree, signed 



926 Idaho— 1889 

by him, and filed, with all papers used upon the hearing, in the office 
of the Secretary of State. 

The Governor shall have power to grant respites or reprieves in 
all cases of convictions for offenses against the State, except treason 
or conviction on impeachment, but such respites or reprieves shall 
not extend beyond the next session of the board of pardons; and 
such board shall at such session continue or determine such respite 
or reprieve, or they may commute or pardon the offense, as herein 
provided. In cases of conviction for treason the governor shall 
have the power to suspend the execution of the sentence until the 
case shall be reported to the Legislature at its next regular session, 
when the Legislature shall either pardon or commute the sentence, 
direct its execution, or grant a further reprieve. He shall communi- 
cate to the I^egislature, at each regular session, each case of remission 
of fine or forfeitue, reprieve, commutation, or pardon granted since 
the last previous report, stating the name of the convict, the crim6 
of which he was convicted, the sentence and its date, and the date 
of remission, commutation, pardon, or reprieve, with the reasons 
for granting the same, and the objections, if any, of any member of 
the board made thereto. 

Sec. 8. The (iovernor may require information in writing from 
the officers of the executive department upon any subject relating to 
the duties of their respective offices, which information shall be given 
upon oath whenever so required; he may also require information 
in writing, at any time, under oath, from all officers and managers 
of State institutions, upon any subject relating to the condition, 
management and expenses of their respective offices and institutions, 
and may at any time he deems it necessary, appoint a committee to 
investigate and report to him upon the condition of any executive 
office or State institution. The Governor shall at the commencement 
of each session, and from time to time, by message, give to the Leg- 
islature information of the condition of the State, and shall recom- 
mend such measures as he shall deem expedient. He shall also send 
to the Legislature a statement, with vouchers, of the expenditures of 
all moneys belonging to the State and paid out by him. He shall 
also, at the commencement of each session, present estimates of the 
amount of money required to be raised by taxation for all purposes 
of the State. 

Sec. 9. The Governor may, on extraordinary occasions, convene the 
Legislature by proclamation, stating the purposes for which he has 
convened it ; but when so convened it shall have no power to legislate 
on any subjects other than those specified in the proclamation ; but 
may provide for the expenses of the session and other matters inci- 
dental thereto. He may also, by proclamation, convene the Senate in 
extraordinary session for the transaction of executive business. 

Sec. 10. Every bill passed by the Legislature shall, before it 
becomes a law, be presented to the Governor. If he approve, he shall 
sign it, and thereupon it shall become a law ; but if he do not approve, 
he shall return it with his objections to the House in which it orig- 
inated, which House shall enter the objections at large upon its 
journals and proceed to reconsider the bill. If then two-thirds of the 
memlxu's pn^sent agree to pass the same it shall be sent, together with 
the objections, to the other House, by which it shall likewise be recon- 



Idaho— 1889 927 

sidered; and if approved by two-thirds of the members present in 
that House, it shall become a law, notwithstanding the objections of 
the Governor. In all such cases the vote of each House shall be 
determined by yeas and nays, to be entered on the journal. Anj^ bill 
which shall not be returned by the Governor to the Legislature within 
five days, (Sundays excepted) after it shall have been presented to 
him, shall become a law in like manner, as if he had signed it, unless 
the Legislature shall, by adjournment, prevent its return, in which 
case it shall be filed, with his objections, in the office of the Secretary 
of State within ten days after such adjournment (Sundays excepted) 
or become a law. 

Sec. 11. The Governor shall have power to disapprove of any item 
or items of any bill making appropriations of money embracing dis- 
tinct items, and the part or parts approved shall become a law and 
the item or items disapproved shall be void, unless enacted in the 
manner following: If the Legislature be in session, he shall within 
five days transmit to the House within which the bill originated a 
copy oi the item or items thereof disapproved, together with his 
objections thereto, and the items objected to shall be separately recon- 
sidered, and each item shall then take the same course as is prescribed 
for the passage of bills over the executive veto. 

Sec. 12. In case of the failure to qualify, the impeachment, or con- 
viction of treason, felony, or other infamous crime of the Governor, 
or his death, removal from office, resignation, absence from the State, 
or inability to discharge the powers and duties of his office, the 
powders, duties and emoluments of the office for the rasidue of the 
term, or until the disability shall cease, shall devolve upon the Lieu- 
tenant-Governor. 

Sec. 13. The Lieutenant-Governor shall be President of the Senate, 
but shall vote only when the Senate is equally divided. In case of the 
absence or disqualification of the Lieutenant-Governor from any 
cause which applies to the Governor, or when he shall hold the office 
of Governor, then the president pro tempore of the Senate shall per- 
form the duties of the Lieutenant-Governor until the vacancy is filled 
or the disability removed. 

Sec. 14. In case of the failure to qualify in his office, death, resig- 
nation, absence from the State, impeachment, conviction of treason, 
felony or other infamous crime, or disqualification from any cause, of 
both Governor and Lieutenant-Governor, the duties of the Governor 
shall devolve upon the president of the Senate pro tempore, until such 
disqualification of either the Governor or Lieutenant-Governor be 
removed, or the vacancy filled ; and if the president of the Senate, for 
any of the above named causes, shall become incapable of performing 
the duties of Governor, the same shall devolve upon the speaker of 
the House. 

Sec. 15. There shall be a seal of this State, which shall be kept by 
the Secretary of State and used by him officially, and shall be called 
'* The great seal of the State of Idaho." The seal of the Territory of 
Idaho, as now used, shall be the seal of the State until otherwise 
provided by law. 

Sec. 16. All grants and permissions shall be in the name and by 
the authority or the State of Idaho, sealed with the great seal of the 
State, signed by the Governor, and countersigned by the Secretary 
of State. 



928 Idaho— 1889 

Sec. 17. An account shall be kept by the officers of the executive 
department and of all public institutions of the State of all moneys 
received by them severally, from all sources, and for every service 
performed, and of all moneys disbursed by them severally, and 
a semi-annual report thereof shall be made to the Governor, under 
oath; they shall also, at least twenty days preceding each regular 
session, of the Legislature, make full and complete reports of their 
official transactions to the Governor, who shall transmit the same to 
the Legislature. 

Sec. 18. The Governor, Secretary of State, and Attomey-Greneral 
shall constitute a board of State prison commissioners, which board 
shall have such supervision of all matters connected with the State 
prison as may be prescribed by law. They shall also constitute a 
Doard of examiners, with power to examine all claims against the 
State, except salaries or compensation of officers fixed by law, and 
perform such other duties as may be prescribed by law. And no 
claim against the State, except salaries and compensation of officers 
fixed by law, shall be passed upon by the Legislature without first 
having been considered and acted upon by said board. 

Sec. 19. The Governor, Secretary of ^tate. State Auditor, State 
Treasurer, Attorney-General, and Superintendent of Public Instruc- 
tion shall, quarterly as due, during their continuance in office, receive 
for their services compensation, which for the term next ensuing after 
the adoption of this Constitution, is fixed as foUows: Governor, three 
thousand dollars per annum ; Secretary of State, one thousand eight 
hundred dollars per annum; State Auditor, one thousand eight hun- 
dred dollars per annum; State Treasurer, one thousand dollars per 
annum; Attorney-General, two thousand dollars per annum; and 
Superintendent of Public Instruction, one thousand five hundred 
dollars per annum. The Lieutenant-Governor shall receive the same 
per diem as may be provided by law for the speaker of the House of 
Representatives, to be allowed only during the session of the Legis- 
lature. The compensations enumerated shall be in full for all services 
by said officers respectively, rendered in any official capacity or 
employment whatever during their respective terms of office. 

No officer named in this section shall receive for: the performance of 
any official duty any fee for his own use, but aU fees nxed by law for 
the performance by either of them of any official duty shall be col- 
lected in advance and deposited with the State Treasurer quarterly 
to the credit of the State. The Legislature may, by law, diminish or 
increase the compensation of any or all of the officers named in this 
section, but no such diminution or increase shall affect the salaries of 
the officers then in office during their term. Protnded^ however ^ The 
Legislature may provide for the payment of actual and necessary 
expenses to the Governor, Lieutenant-Governor, Secretary of State, 
Attorney-General, and Superintendent of Public Instruction, while 
traveling within the State m the performance of official duty. 

Article V 

JUDICIAL department 

Section 1. The distinctions between actions at law and suits in 
equity, and the forms of all such actions and suits, are herebv pro- 
hibited ; and there shall be in this State but one form of action lor the 



Idaho— 1889 929 

enforcement or protection of private rights or the redress of private 
wrongs, which shall be denominated a civil action ; and every action 
prosecuted by the people of the State as a party against a person 
charged with a public offense for the punishment of the same, shall 
be termed a criminal action. 

Feigned issues are prohibited, and the fact at issue shall be tried by 
order of court before a jury. 

Sec. 2. The judicial power of the State shall be vested in a court 
for the trial of impeachments, a supreme court, district courts, probate 
courts, courts of justices of the peace, and such other courts inferior 
to the supreme court as may be established by law for any incorpo- 
rated city or town. 

Sec. 3. The court for the trial of impeachments shall be the senate. 
A majority of the members elected shall be necessary to a quorum, 
and the judgment shall not extend beyond removal from, and dis- 
qualiRcation to hold oflSce in this State ; but the party shall be liable 
to indictment and punishment according to law. 

Sec. 4. The house of representatives solely shall have the power of 
impeachment. No person shall be convicted without the concurrence 
of two-thirds of the senators elected. When the Governor is im- 
peached the Chief Justice shall preside. 

Sec. 5. Treason against the State shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. 
No i^erson shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 
No conviction of treason or attainder shall work corruption of blood 
or forfeiture of estate. 

Sec. 6. The supreme court shall consist of three Justices, a majority 
of whom shall be necessary to make a quorum or pronounce a decision. 
The Justices of the supreme court shall be elected by the electors of 
the State at large. The terms of oflBce of the justices of the supreme 
court, except as in this article otherwise provided, shall be six years. 
The Justices of the supreme court shall, immediately after the first 
election under this Constitution, be selected by lot, so that one shall 
hold his office for the term of two years, one for the -term of four 
years, and one for the term of six years. The lots shall be drawn by 
the Justices of the supreme court, who shall, for that purpose, 
assemble at the seat of government, and they shall cause the result 
thereof to be certified to by the Secretary of State and filed in his 
office. The Justice having the shortest term to serve, not holding 
his office by appointment or election to fill a vacancy, shall be the 
Chief Justice, and shall preside at all terms of the supreme court, 
and, in case of his absence, the Justice having in like manner the 
next shortest term to serve shall preside in his stead. 

Sec. 7. No Justice of the supreme court shall be eligible to any 
other office of trust or profit under the laws of this State during the 
terra for which he was elected. 

Sec. 8. At least four terms of the supreme court shall be held 
annually ; two terms at the seat of State government, and two terms 
at the city of Lewiston, in Nez Perce County. In case of epidemic, 
pestilence, or destruction of court houses, the Justices may hold the 
terms of the supreme court provided by this section at other con- 
venient places, to be fixed by a majority of said Justices. After six 
years the Legislature may alter the provisions of this section. 



930 Idaho— 1889 

Sec. 9. The supreme court shall have jurisdiction to review, upon 
appeal, any decision of the district courts, or the judges thereof. The 
supreme court shall also have original jurisdiction to issue writs of 
mandamus, certiorari, prohibition, and habeas corpus, and all writs 
necessary or proper to the complete exercise of its appellate 
jurisdiction. 

Sec. 10. The supreme court shall have original jurisdiction to hear 
claims against the State, but its decision shall be merely recom- 
mendatory ; no process in the nature of execution shall issue thereon: 
they shall be reported to the next session of the Legislature for its 
action. 

Sec. 11. The State shall be divided into five judicial districts, for 
each of which a judge shall be chosen by the qualified electors 
thereof, whose term of office shall be four years. And there shall 
be held a district court in each county, at least twice in each year, 
to continue for such time in each county as may be prescril^ed by 
law ; but the Legislature may reduce or increase the number of dis- 
tricts, district judges, and district attorneys. This section shall not 
be construed to prevent the holding of special terms under such reg- 
ulations as may be provided by law. 

Sec. 12. Every judge of the district court shall reside in the district 
for which he is elected. A judge of any district court may hold a 
district court in any county at the request of the judge of the district 
court thereof, and upon the request of the Governor it shall l>e his 
duty to do so; but a cause in the district court may be tried by a 
judge pro tempore, who must be a member of the bar, agreed upon in 
writing by the parties litigant, or their attorneys of record, and sworn 
to try the cause. 

Sec. 13. The Legislature shall have no power to depriv^e the judicial 
department of any power or jurisdiction which rightfully pertains to 
it as a co-ordinate department of the government; but the Legislature 
shall provide a proper system of appeals, and regulate by law, when 
necessary, the methods of proceeding in the exercise of their power? 
of all the courts below the supreme court, so far as the same may be 
done without conflict with this Constitution. 

Sec. 14. The Legislature may provide for the establishment of 
special courts for the trial of misdemeanors in incorporated cities and 
towns where the same may be necessary. 

Sec. 15. The clerk of t^e supreme court shall be appointed by the 
court, and shall hold his office during the pleasure or the court. lie 
shall receive such compensation for nis services as may be provided 
by law. 

Sec. IG. A clerk of the district court for each county shall be 
elected by the qualified voters thereof at the time and in the manner 
prescribed by law for the election of members of the Legislature, and 
shall hold his office for the term of four years. 

Sec. 17. The salary of the Justices of the supreme court, until 
otherwise provided by the Legislature, shall be three thousand dollars 
each per annum, an^ the salary of the judges of the district court, 
until otherwise provided by the I^egislature, shall be three thousand 
dollars each per annum, and no Justice of the supreme court, or judge 
of the district court, shall be paid his salary, or any part thereof. 



Idaho— 1889 931 

unless he shall have first taken and subscribed an oath that there is 
not in his hands any matter in controversy not decided by him which 
had been finally submitted for his consideration and determination, 
thirty days prior to the taking and subscribing such oath. 

Sec. 18. A district attorney shall be elected for each judicial dis- 
trict by the qualified electors thereof, who shall hold office for the 
term or four years, and perform such duties as may be prescribed by 
law. He shall be a practicing attorney at law and a resident and 
elector of the dis-trict. He s^all receive as compensation for his 
services twenty-five hundred dollars per annum. 

Sec. 19. AJl vacancies occurring in the offices provided for by this 
article of the Constitution shall be filled as provided by law. 

Sec. 20. The district court shall have original jurisdiction in all 
cases, both at law and in equity, and such appellate jurisdiction as 
may be conferred by law. 

Sec. 21. The probate courts shall be courts of record, and shall have 
original jurisdiction in all matters of probate, settlement of estates 
of deceased persons, and appointment of guardians; also jurisdiction 
to hear and determine all civil cases wherein the debt or damage 
claimed does not exceed the sum of five hundred dollars, exclusive of 
interest, and concurrent jurisdiction with justices of the peace in 
criminal cases. 

Sec. 22. In each county of this State there shall be elected justices 
of the peace as prescribed by law. Justices of the peace shall have 
such jurisdiction as may be conferred by law, but they shall not have 
jurisdiction of any cause wherein the value of the property or the 
amount in controversy exceeds the sum of three hundred dollars, 
exclusive of interest, nor where the boundaries or title to any real 
property shall be called in question. 

Sec. 23. No person shall be eligible to the office of district judge 
unless he be learned in the law, thirty years of age, and a citizen of 
the United States, and shall have resided in the State or Territory 
at least two years next preceeding his election, nor unless he shall have 
been at the time of his election, an elector in the judicial district for 
which he is elected. 

Sec. 24. Until otherwise provided by law, the judicial districts 
shall be five in number, and constituted of the following counties, 
viz: First district, Shoshone and Kootenai; second district, Latah, 
Nez Perce, and Idaho; third district, Washington, Ada, Boise, and 
Owyhee; fourth district. Cassia, Elmore, Logan, and Alturas; fifth 
district, Be^r Lake, Bingham, Oneida, Lemhi, and Custer. 

Sec. 25. The judges of the district courts shall, on or before the first 
day of July in each year, report in writing to the Justices of the 
supreme court, such defects or omissions in the laws as their knowl- 
edge and experience may suggest, and the Justices of the supreme 
court shall, on or before the first day of December of each year, report 
in writing to the Governor, to be by him transmitted to the Legisla- 
ture, together with his message, such defects and omissions in the 
Constitution and laws as they may find to exist. 

Sec. 20. All laws relating to courts shall l)e general and of uniform 
o|>eration throughout the State, and the organized judicial powers, 
proceedings, ana practices of all the courts oi the same class or grado, 



932 Idaho— 1889 

so far as regulated by law, and the force and effect of the proceed- 
ing, judgments, and decrees of such courts, severally, shall be 
imiform. 

Sec. 27. The Legislature may by law diminish or increase the com- 
pensation of any or all the following oflScers, to-wit : Governor, Lieu- 
tenant-Governor, Secretary of State, State Auditor, State Treasurer, 
Attorney-General, Superintendent of Public Instruction, commis- 
sioner of immigration and labor. Justices of the Supreme Court, and 
judges of the district courts and district attorneys; but no diminution 
or increase shall affect the compensation of the officer then in office 
during his term: Provided^ however ^ That the Legislature may pro- 
vide tor the payment of actual and necessary expenses of the Gov- 
ernor, Secretary of State, Attorney-General, and Superintendent of 
Public Instruction incurred while in performance of official duty. 

Article VI 

SUFFRAGE AND ELECTIONS 

Section 1. All elections by the people must be by ballot. An abso- 
lutely secret ballot is hereby guaranteed, and it shall- be the duty of 
the Legislature to enact such laws as shall carry this section into 
effect. 

Sec. 2. Except as in this article otherwise provided, every male 
citizen of the United States, twentv-one years old, who has actually 
resided in this State or Territory for six months, and in the county 
where he offers to vote, thirty days next preceding the day of election, 
if registered as provided by law, is a qualified elector; and until 
otherwise provided by the Legislature, women who have the qualifica- 
tions prescribed in this article, may continue to hold such school 
offices and vote at such school elections as provided by the laws of 
Idaho Territory. 

Sec. 3. No person is permitted to vote, serve as a juror, or hold 
any civil office who is under guardianship, idiotic or insane, or who 
has, at any place, been convicted of treason, felony, embezzlement of 
the public funds, bartering or selling, or offering to barter or sell his 
vote, or purchasing or offering to purchase the vote of another, or 
other infamous crime, and who has not been restored to the rights of 
citizenship, or who, at the time of such election, is confined in prison 
on conviction of a criminal offense, or who is a bigamist or poly^- 
amist, or is living in what is known as patriarchal, plural or celestial 
marriage, or in violation of any law or this State, or of the United 
States, forbidding any such crime; or who, in any manner, teaches, 
advises, counsels, aids, or encourages any person to enter into bigamy, 
polygamy, or such patriarchal, plural, or celestial marriage, or to live 
in violation of any such law, or to commit any such crime; or who is a 
member of or contributes to the support, aid, or encouragement of any 
order, organization, association, corporation or society, which teaches, 
advises, counsels, encourages, or aids any person to enter into bigamy, 
polygamy or such patriarchal, or plural marriage, or which teaches 
or advises that the laws of this State prescribing rules of civil con- 
duct, are not the supreme law of the State; nor shall Chinese, or 
persons of Mongolian descent, not born in the United States, nor 
Indians not taxed, who have not severed their tribal relations and 



Idaho— 1889 933 

adopted the habits of civilization, either vote, serve as jurors, or 
hola any civil office. 

Sec. 4. The Legislature may prescribe (Qualifications, limitations, 
and conditions for the right of suffrage additional to those prescribed 
in this article, but shall never annul any of the provisions in this 
article contained. 

Sec. 5. For the purpose of voting, no person shall be deemed to 
have gained or lost a residence by reason of his presence or absence 
while employed in the service of this State, or of the United States, 
nor while engaged in the navigation of the waters of this State or of 
the United States, nor while a student of any institution of learning, 
nor while kept at any alms-house or other asylmn at the public 
expense. 

Article VII 

FINANCE AND REVENUE 

Section 1. The fiscal year shall commence on the second Monday 
of January in each year, unless otherwise provided by law. 

Sec. 2. The Legislature shall provide such revenue as may be need- 
ful, by levying a tax by valuation, so that every person or corporation 
shall pay a tax in proportion to the value of his, her, or its property, 
except as in this article hereinafter otherwise provided. Tne Legis- 
lature may also impose a license tax (both upon natural persons and 
upon corporations, other than municipal, doing business in this 
State) ; also a per capita tax : Provided^ The legislature may exempt 
a limited amount of improvements upon land from taxation. 

Sec. 3. The word " property " as herein used shall be defined and 
classified by law. 

Sec. 4. The property of the United States, the State, counties, 
towns, cities, and other municipal corporations and public libraries, 
shall be exempt from taxation. 

Sec. 5. All taxes shall be uniform upon the same class of subjects 
within the territorial limits, of the authority levying the tax, and 
shall be levied and collected under general laws, which shall prescribe 
such regulations as shall secure a just valuation for taxation of all 
property, real and personal: Provided^ That the Legislature may 
allow such exemptions from taxation from time to time as shall seem 
necessary and just, and all existing exemptions provided by the laws 
of the Territory, shall continue until changed by the Legislature of 
the State: Provided further^ That duplicate taxation of property 
for the same purpose during the same year, is hereby prohibited. 

Sec. 6. The Legislature shall not impose taxes for the purpose of 
any county, city, town, or other municipal corporation, but may by 
law invest in the corporate authorities thereof, respectively, the power 
to assess and collect taxes for all purposes of such corporation. 

Sec. 7. All taxes levied for State purposes shall be paid into the 
State Treasury, and no county, city, town, or other municipal corpora- 
tion, the inhabitants thereof, nor the property therein, shall be released 
or discharged from their or its proportionate share of taxes to be 
levied for State purposes. 

Sec. 8. The power to tax corporations or corporate property, both 
real and personal, shall never be relinc^uished or suspended, and all 
corporations in this State or doing business therein, shall be subject 



934 Idaho— 1889 

to taxation for State, county, school, municipal, and other purposes, 
on real and personal propert}^ owned or used oy them, and not by this 
Constitution exempted rrom taxation within the territorial limits of 
the authority levying the tax. 

Sec. 9. The rate of taxation of real and personal property for State 
purposes shall never exceed ten (10) mills on each dollar of asses«d 
valuation; and if the taxable property in the State shall amount to 
fifty million (50,000,000) dollars the rate shall not exceed five (5) 
mills on each dollar of valuation ; and whenever the taxable property 
in the State shall amount to one hundred million (100,000,000) dol- 
lars, the rate shall not exceed three (3) mills on each dollar of valua- 
tion ; and whenever the taxable property in the State shall amount to 
thre^ hundred million (300^000,000) dollars the rate shall never there- 
after exceed one and one-half (1|) mills on each dollar of valuation, 
unless a proposition to increase such rate, specifying the rate pro- 
posed and the time during which the same shall be levied, shall have 
been submitted to the people at a general election, and shall have 
received a majority of all the votes cast for and against it at such 
election. 

Sec. 10. The making of profit, directly or indirectly, out of State, 
county, city, town, township, or school district money, or usinff the 
same for any purpose not authorized by law, by any public officer, 
shall be deemed a felony, and shall be punished as provided by law. 

Sec. 11. No appropriation shall be made, nor any expenditure au- 
thorized by the Legislature, whereby the expenditure of the State 
during any fiscal year shall exceed the total tax then provided for by 
law% and applicable to such appropriation or expenditure unless the 
legislature making such appropriation shall provide for levying a 
sufficient tax, not exceeding the rates allowed m section nine (9) of 
this article, to pay such appropriation or expenditure within such 
fiscal year. This provision shall not apply to appropriations or ex- 
penditures to suppress insurrection, defend the State, or assist in 
defending the United States in time of war. 

Sec. 12. There shall be a State board of equalization, consisting of 
the Governor, Secretary of State, Attomey-Greneral, State Auditor, 
and State Treasurer, whose duties shall be prescribed by law. The 
board of county commissioners for the several counties of the State, 
shall constitute boards of equalization for their respective counties, 
whose duty it shall be to equalize the valuation of the taxable prop- 
ertv in the county, under such rules and regulations as shall be pre- 
scribed by law. 

Sec. 13. No money shall be drawn from the treasury, but in pursu- 
ance of appropriations made by law. 

Sec. 14. No money shall be drawn from the county treasuries 
except upon the warrant of a duly authorized officer, in such manner 
and form as shall be prescribed by the Ijegislature. 

Sec. 15. The Legislature shall j)rovide by law, such a system of 
county finance, as shall cause the business of the several counlies to be 
conducted on a cash basis. It shall also provide that whenever any 
county shall have any warrants outstanding and unpaid, for the pay- 
ment of which there are no funds in the county treasury, the county 
commissioners, in addition to other taxes provided by law, shall levy 
a special tax, not to exceed ten (10) mills on the dollar, of taxable 
property, as shown by the last preceding assessment, for the creation 



Idaho— 1889 935 

of a special fund for the redemption of said warrants ; and after the 
levy of such special tax, all warrants issued before such levy shall be 
paid exclusively out of said fund. All moneys in the county treasury 
at the end of each fiscal year, not needed for current expenses, shall be 
transferred to said redemption fund. 

Sec. 16. The Legislature shall pass all laws necessary to carry out 
the provisions of this article. 

Article VIII 

PUBLIC INDEBTEDNESS AND SUBSIDIES 

Section 1. The Le^slature shall not in any manner create any debt 
or debts, liability or liabilities, which shall singly or in the ag^egate, 
exclusive of the debt of the Territory at the date of its admission as a 
State, exceed the sum of one and one-half per centum upon the 
assessed value of the taxable property in the State, except in case of 
war, to repel an invasion or suppress insurrection, unless the same 
shall be authorized by law for some single object or work to be dis- 
tinctljr specified therein, which law shall provide ways and means, 
exclusive of loans, for the payment of the interest of such debt or lia- 
bility, as it falls due ; and also for the payment and discharge of the 
principal of such debt or liability, within twenty years of the time of 
the contracting thereof, and shall be irrepealable until the principal 
and interest thereon shall be paid and discharged ; but no such law 
shall take effect until at a general election it shall have been submitted 
to the people, and shall have received a majority of all the votes cast 
for and against it at such election; and all moneys raised by the 
authority of such law, shall be applied only to the specified object 
therein stated, or to the payment of the debt thereby created, and such 
law shall be published in at least one newspaper in each county, or city 
and county, if one be published therein, throughout the State, for 
three months next preceding the election at which it is submitted to 
the people. The Legislature may, at any time after the approval of 
such law, by the people, if no debt shall have been contracted in pur- 
suance thereof, repeal the same. 

Sec. 2. The credit of the State shall not, in any manner, be ^ven, 
or loaned to, or in aid of any individual, association, municipality or 
corporation ; nor shall the State directly or indirectly, become a stock- 
holder in any association or corporation. 

Sec. 3. No county, city, town, township, board of education, or 
school district, or other sub-division of the State, shall incur any 
indebtedness, or liability in any manner, or for any purpose, exceed- 
ing in that year, the income and revenue provided for it for such 
year, without the assent of two-thirds of the qualified electors thereof, 
voting at an election to be held for that purpose, nor unless, before or 
at the time of incurring such indebtedness provision shall be made for 
the collection of an annual tax sufficient to pay the interest on such 
indebtedness as it falls due, and also to constitute a sinking fund for 
the payment of the principal thereof, within twenty years from the 
time oi contracting the same. Any indebtedness or liability incurred 
contrary to this provision shall be void: Provided^ That this section 
shall not be construed to apply to the ordinary and necessary expenses 
authorized by the general laws of the State. 



936 Idaho— 1889 

Sec. 4. No county, city, town, township, board of education, or 
school district, or other sub-division, shall lend, or pledge the credit 
or faith thereof directly or indirectly, in any manner, to, or in aid of 
any individual, association or corporation, for any amount or for any 
purpose whatever, or become responsible for any debt, contract or 
liability of any individual, association or corporation in or out of 
this State. 

Article IX 

EDUCATION AND SCHOOL LANDS 

Section 1. The stability of a republican form of government de- 
pending mainly upon the intelligence of the people, it shall be the 
duty of the Legislature of Idaho, to establish and maintain a g(»neral, 
uniform and thorough system of public, free common schools. 

Sec. 2. The general supervision of the public schools of the State 
shall be vested in a board of education, whose powers and duties shall 
be prescribed by law ; the Superintendent of l^ublic Instruction, the 
Secretary of State and Attorney-General, shall constitute the board, 
of which the Superintendent of Public Instruction shall be president. 

Sec. 3. The public school fund of the State shall forever remain 
inviolate and intact; the interest thereon only shall be expended in 
the maintenance of the schools of the State, and shall be distributed 
among the several counties and school districts of the State in such 
manner as may be prescribed by law. No part of this fund, principal 
or interest, shall ever be transferred to any other fund, or used or 
appropriated except as herein provided. The State Treasurer shall 
be the custodian of this fund, and the same shall be securely and 
profitably invested as may be by law directed. The State shall sup- 
ply all losses thereof that may in any maimer occur. 

Sec. 4. The public school fund of the State shall consist of the 
proceeds of such lands as have heretofore been granted, or may here- 
after be granted, to the State by the general government, known as 
school lands, and those granted in lieu of such; lands acquired by 
gift or grant from any person or corporation, under any law or grant 
of the general government ; and of all other grants of land or money 
made to the State from the general government for general educa- 
tional purposes, or where no other special purpose is indicated in 
such grant; all estates or distributive shares of estates that may 
escheat to the State ; all unclaimed shares and dividends of any cor- 
poration incorporated under the laws of the State; and all other 
grants, gifts, devises, or bequests made to the State for general 
educational purposes. 

Sec. 5. Neither the Legislature, nor any county, city, town, town- 
ship, school district, or other public corporation, shall ever make any 
appropriation, or pay from any public fund or moneys whatever, any- 
thing in aid of any church or sectarian, or religious society, or for 
any sectarian or religious purpose, or to help support or sustain any 
school, academy, seminary, college, university or other literary or 
scientific institution, controlled by any church or sectarian or religious 
denomination whatsoever; nor shall any grant or donation of land, 
money or other personal property ever be made by the State, or any 



Idaho— 1889 937 

such public corporation, to any church or for any sectarian or religious 
purpose. 

Sec. 6. No religious test or qualification shall ever be required of 
any person as a condition of admission into any public educational 
institution of the State, either as teacher or student ; and no teacher i 
or student of any such institution shall ever be required to attend or / 
participate in any religious service whatever. No sectarian or reli- 
gious tenets or doctrines shall ever be taught in the public schools, nor 
shall any distinction or classification of pupils be made on account of 
race or color. No books, papers, tracts or documents of a political, 
sectarian or denominational character shall be used or introduced in 
any schools established under the provisions of this article, nor shall 
any teacher or any district receive any of the public school moneys 
in which the schools have not been taught in accordance with the pro- 
visions of this article. 

Sec. 7. The Governor, Superintendent of Public Instruction, Sec- 
retary of State, and Attorney-General, shall constitute the State board 
of land commissioners, w^ho shall have the direction, control and dis- 
position of the public lands of the State, under such regulations as 
may be prescribed by law. 

Sec. 8. It shall be the duty of the State board of land commission- 
ers to provide for the location, protection, sale or rental of all the 
lands heretofore, or which may hereafter be, granted to the State by 
the general government, under such regulations as may be prescribed 
by law, and in such manner as will secure the maximum possible 
amount therefor: Provided,, That no school lands shall be sold for less 
than ten (10) dollars per acre. No law shall ever be passed by the 
Legislature granting any privileges to persons who may have settled 
upon any such pubfic lands, subsequent to the survey thereof by the 
general government, by which the amount to be derived by the sale, 
or other disposition of such lands, shall be diminished, directly or 
indirectly. The legislature shall, at the earliest practicable period, 
provide by law that the general grants of land made by Congress to 
the State shall, be judiciously located and carefully preserved and 
held in trust, subject to disposal at public auction for the use and 
benefit of the respective objects for which said grants of land were 
made, and the Legislature shall provide for the sale of said lands 
from time to time, and for the sale of timber on all State lands, and 
for the faithful application of the proceeds thereof in accordance with 
the terms of said grants : Provided^ That not to exceed twenty-five sec- 
tions of school lands shall be sold in any one year, and to be sold in 
subdivisions of not to exceed one hundred and sixty (ICO) acres to 
any one individual, company or corporation. 

Sec. 9. The Legislature may require by law that every child of 
sufficient mental and physical ability shall attend the public school 
throughout the period between the ages of six and eighteen years, for 
a time equivalent to three vears, unless educated by other means. 

Sec. 10. The location of the university of Idaho, as established by 
existing laws is hereby confirmed. All the rights, immunities, fran- 
chises, and endowments heretofore granted thereto by the Territory 
of Idaho are hereby perpetuated unto the said university. The 
Regents shall have the general supervision of the university, and the 



938 Idaho— 1889 

control and direction of all the funds of, and appropriations to, the 
university, under such regulations as may be prescribed by law. Xo 
university lands shall be sold for less than ten dollars per acre, and in 
subdivisions not to exceed one hundred and sixty acres, to any one 
person, company or corporation. 

Sec. 11. The permanent educational funds, other than funds arising 
from the disposition of university lands belonging to the State, shall 
be loaned on first mortgage on improved farm lands within the State, 
or on State or United States bonds, under such regulations as the 
Legislature may provide: Provided^ That no loan shall be made of 
any amount of money exceeding one-third of the market v^alue of the 
lands at the time of the loan, exclusive of buildings. 

Article X 

PUBLIC INSTITUTIONS 

Section 1. Educational, reformatory, and penal institutions, and 
those for the benefit of the insane, blind, deaf and dumb, and such 
other institutions as the public good may require, shall be established 
and supported by the State in such manner as may be prescribed by 
law. 

Sec. 2. The seat of government of the State of Idaho shall be 
located at Boise City for twenty years from the admission of the 
State, after which time the Legislature may provide for its re- 
location, by submitting the question to a vote of the electors of the 
State at some general election. 

Sec. 3. The legislature may submit the question of the location of 
the seat of government to the (jualified voters of the State at the 
general election, then next ensuing, and a majority of all the votes 
upon said question cast at said election shall be necessary to determine 
the location thereof. Said legislature shall also provide that in case 
there shall be no choice of location at said election the question 
of choice between the two places for which the highest number 
of votes shall have l)een cast shall be submitted in like manner 
to the qualified electors of the State at the next general election. 

Sec. 4. All property and institutions of the Territory, shall, up)on 
adoption of the Constitution, become the property and mstitutions of 
the State of Idaho. 

Sec. 5. The Governor, Secretary of State, and Attorney-General 
shall constitute a board, to be known as the State prison commission- 
ers, and shall have the control, direction and management of the peni- 
tentiaries of the State. The Goveraor shall be chairman, and the 
board shall appoint a warden, who may be removed at pleasure. 
The warden shall have the power to appoint his subordinates, subject 
to the approval of the said board. 

Sec. 0. There shall be appointed by the Governor three directors 
of the asylum for the insane, who shall be confirmed by the senate. 
They shall have the control, direction, and management of the said 
asylums, under such regulations as the Legislature shall provide, and 
hold their offices for a period of two years. The directors shall have 
the ai)pointmont of the medical superintendent, who shall appoint 
the assistants with the approval of the directors. 



Idaho— 1889 939 

Sec. 7. The Legislature for sanitair reasons may cause the removal 
to more suitable localities of any of tne institutions mentioned in sec- 
tion one of this article. 

Article XI 

CORPORATIONS, PUBLIC AND PRIVATE 

Section 1. All existing charters or grants of special or exclusive 
privileges, under which the corporators or grantees shall not have 
organized or commenced business in good faith at the time of the 
adoption of this Constitution, shall thereafter have no validity. 

Sec. 2. No charter of incorporation shall be gi*anted, extended, 
changed or amended by special law, except for such municipal, 
charitable, educational, penal, or reformatory corporations as are or 
may be, under the control of the State; but the l^egislature shall pro- 
vide by general law for the organization of corporations hereafter 
to be created: Provided^ That anv such general law shall be subject 
to future repeal or alteration by tne Legislature. 

Sec. 3. Tne Legislature may provide by law for altering, revoking, 
or annulling any charter of incorporation existing and revocable at 
the time of the adoption of this Constitution, in such manner, how- 
ever, that no injustice shall be done to the corporators. 

Sec. 4. The Legislature shall provide by law that in all elections for 
directors or managers of incorporated companies, every stockholder 
shall have the right to vote in person or by proxy, for the numl>er of 
shares of stock owned by him, for as many persons as there are di- 
rectors or managers to be elected, or to cumulate said shares, and give 
one candidate as many votes as the number of directors multiplied by 
the number of his shares of stock, shall equal, or to distribute, them 
on the same principle among as many candidates as he shall think 
fit, and such directors shall not be elected in any other irianner. 

Sec. 5. All railroads shall be public highways, and all railroad, 
transportation, and express companies shall be common carriers, 
and subject to legislative control, and the Legislature shall have 
power to regulate and control by law, the rates of charges for the 
transportation of passengers and freight by such companies or other 
common carriers from one point to another in the State. Any asso- 
ciation or corporation organized for, the purpose, shall have the right 
to construct and operate a railroad between any designated points 
within this State, and to connect within or at the State line with 
railroads of other States and Territories. Every railroad company 
shall have the right with its road, to intersect, connect with, or cross 
any other railroad, under such regulations as may be prescribed by 
law, and upon making due compensation. 

Sec. 6. AH individuals, associations, and corporations, similarly 
situated shall have equal rights to have persons or property trans- 
ported on and over any railroad, transportation, or express route 
m this State, except that preference may be given to perishable prop- 
erty. No undue or unreasonable discrimination shall l)e made m 
charges or facilities for transportation of freight or passengers of 
the same class, by any railroad, or transportation, or express company, 
between persons or places within the State; but excursion or commu- 
tation tickets may be issued and sold at special rates, provided such 
7252— VOL 2—07 6 



940 Idaho— 1889 

rates are the same to all persons. No railroad, or transportation, or 
express company shall be allowed to charge, collect or receive, under 
penalties which the Legislature shall prescribe, any greater charge or 
toll for the transportation of freight or passengers, to any place or 
station upon its route or line, than it charges for the transpK)rtation 
of the same class of freight or passengers to any more distant place 
or station upon its route or line within this State. No railroad, ex- 
press, or transportation company, nor any lessee, manager, or other 
employee thereof, shall give any preference to any individual, asso- 
ciation, or corporation, in furnishing cars or motive power or for the 
transportation of money or other express matter. 

Sec. 7. No corporation other than municipal corporations in exist- 
ence at the time of the adoption of this Constitution, shall have the 
benefit of any future legislation, without first filing in the office of 
the Secretary of State an acceptance of the provisions of this Con- 
stitution in binding form. 

Sec. 8. The right of eminent domain shall never be abridged, or 
so construed as to prevent the Legislature from taking the property 
and franchise of incorporated companies, and subjecting them to 
public use, the same as property of individuals; and the police powers 
of the State shall never be abridged or so construed as to permit 
corporations to conduct their business in such manner as to infringe 
the equal rights of individuals, or the general well-being of the State. 

Sec. 9. ^o corporation shall issue stocks or bonds, except for labor 
done, services performed, or money or property actually received; 
and all fictitious increase of stock or indebteaness shall be void. The 
stock of corporations shall not be increased except in pursuance of 
general law, nor without the consent of the persons, holding a 
majority of the stock, first obtained at a meeting, held after at least 
thirty days' notice given in pursuance of law. 

Sec. 10. No foreign corporation shall do any business in this State 
w ithout having one or more know n places of business, and, an author- 
ized agent or agents in the same, upon whom process may be served, 
ynd no company or corporation formed under the laws of any other 
country, State, or Territory, shall have or be allowed to exercise or 
enjoy, within this State any greater rights or privileges than those 
possessed or enjoyed by corporations of the same or similar character 
created under the law s of this State. 

Sec. 11. No street, or other railroad, shall be constructed within 
any city, town, or incorporated village wdthout the consent of the 
local authorities having the control of the street or highway pro- 
posed to be occupied by such street or other railroad. 

Sec. 12. The I^egislature shall pass no law for the benefit of a 
railroad, or other corporation, or any individual or association of 
individuals retroactive in its operation, or which imposes on the 
people of any county or municipal subdivision of the State, a new 
liability in respect to transactions or considerations already past. 

Sec. 13. Any association or corporation, or the lessees or managers 
thereof, organized for the purpose, or any individual, shall have the 
right to construct and maintain lines of telegraph or telephone within 
this State, and connect the same with other lines; and the Legisla- 
ture shall by general law of uniform operation provide reasonable 
regulations to give full effect to this section. 



Idaho— 1889 941 

Sec. 14. If any railroad, telegraph, express, or other corporation, 
organized under any of the laws of this State shall consolidate by 
sale or otherwise with any railroad, telegraph, express, or other cor- 

¥3ration organized under any of the laws of any other State or 
erritory, or of the United States, the same shall not thereby become 
a foreign corporation, but the courts of this State shall retain juris- 
diction over that part of the corporate property within the limits 
of the State in all matters that may arise, as if said consolidation had 
not taken place. 

Sec. 15. The Legislature shall not pass any law permitting the 
leasing or alienation of any franchise so as to release or relieve the 
franchise or property held thereunder from any of the liabilities of 
the lessor or grantor, or lessee or grantee, contracted or incurred in 
the operation, use, or enjoyment of such franchise, or any of its 
privileges. 

Sec. 16. The term " corporation " as used in this article, shall be 
held and construed to include all associations and joint stock com- 
panies having or exercising any of the powers or privileges of corpo- 
rations not posseased by individuals or partnerships. 

Sec. 17. Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stock- 
holder be individually liable in any amount over or above the amount 
of stock owned by him. 

Sec. 18. That no incorporated company, or any association of per- 
sons or stock company, in the State of Idaho, shall directly or indi- 
rectly combine or make any contract with any other incorporated 
company, foreign or domestic, through their stockholders or the trus- 
tees or assignees of such stockholders, or in any manner whatsoever, 
for the purpose of fixing the price or regulating the production of any 
article of commerce or of produce of tne soil, or of consumption by 
the people ; and that the Legislature be required to pass laws for the 
enforcement thereof, by adequate penalties, to the extent, if necessary 
for that purpose, of the forfeiture of their property and franchise. 

Article XII 

CORPORATIONS — MUNICIPAL 

Section 1. The Legislature shall provide by general laws for the 
incorporation, organization, and classification of the cities and towns, 
in proportion to the population, which laws may be altered, amended, 
or repealed by the general laws. Cities and towns heretofore incor- 
porated, may become organized under such general laws, whenever a 
majority of the electors at a general election, shall so determine, under 
such provision therefor as may be made by the Legislature. 
• Sec. 2. Any county or incorporated city or town may make and 
enforce, within its limits, all such local, police, sanitary, and other 
regulations as are not in conflict with its charter or with the general 
laws. 

Sec. 3. The State shall never assume the debts of any county, town, 
or other municipal corporation, unless such debts shall have been cre- 
ated to repel invasion, suppress insurrection or defend the State in 
war. 



942 * Idaho— 1889 

Sec. 4. No county, town, city, or other municipal corporation, by 
vote of its citizens or otherwise, shall ever become a stockholder in any 
joint stock company, corporation or association whatever, or raise 
money for, or make donation or loan its credit to, or in aid of, any 
such company or association : Provided^ That cities and towns may 
contract indebtedness for school, water, sanitary, and illuminating 
purposes : Provided^ That any city or town contracting such indebt- 
edness shall own its just proportion of the property thus created, and 
receive from anjr income arising therefrom, its proportion to the 
whole amount so invested. 

Article XIII 

IMMIGRATION AND LABOR 

Section 1. There shall be established a bureau of immigration, 
labor and statistics^ which shall be under the charge of a commis- 
sioner of immigration, labor and statistics, who shall be appointed 
bjr the Governor, by and with the consent of the senate. The com- 
missioner shall hold his office for two years, and until his successor 
shall have been appointed and qualified, unless sooner removed. The 
commissioner shall collect information upon the subject of labor, its 
relation to capital, the hours of labor and the earnings of laboring 
men and women, and the means of promoting their material, social, 
intellectual and moral prosperity. The commissioner shall annually 
make a report in writing to the Governor of the State of the informa- 
tion collected and collated by him, and containing such recommenda- 
tions as he may deem calculated to promote the efficiency of the 
bureau. 

Sec. 2. Not more than eight (8) hours' actual work shall constitute 
a lawful day's work on all State and municipal works. 
. Sec. 3. All labor of convicts confined in tne State's prison shall be 
done within the prison pounds, except where the work is done on 
public works under the direct control of the State. 

Sec. 4. The employment of children under the age of fourteen (14) 
years in underground mines is prohibited. 

Sec. 5. No person, not a citizen of the United States, or who has 
not declared his intention to become such, shall be employed upon, or 
in connection with, any State or municipal works. 

Sec. 6. The Legislature shall provide by proper legislation for giv- 
ing to mechanics, laborers, and material men an adequate lien on the 
subject-matter or their labor. 

Sec. 7. The Legislature may establish boards of arbitration, whose 
duty it shall be to hear and determine all differences and controversies 
between laborers and their employers which may be submitted to 
them in writing by all the parties. Such boards of arbitration shall 
possess all the powers ana authority, in respect to administering 
oaths, siibpopnaing witnesses, and compelling their attendance, pre- 
serving order during the sittings of the board, punishing for con- 
tempt, and requiring the production of papers and writings, and all 
other powers and privileges, in their nature applicable, conferred by 
law on justices of the peace. 

Sec. 8. The commissioner of immigration, labor and statistics sliaU 
perform such duties and receive such compensation as may be pre- 
scribed by law. 



Idaho— 1889 943 

Article XIV 

MILITIA 

Section 1. All able-bodied male persons, residents of this State, 
between the ages of eighteen and forty-five years, shall be enrolled in 
the militia, and perform such military duty as may be required by 
law; but no person having conscientious scruples against bearing 
arms, shall be compelled to perform such duty in time of peace. 
Every person claimmg such exemption from service, shall, in lieu 
thereof, pay into the school fund of the county of which he may be a 
resident, an equivalent in money, the amount and manner of payment 
to be fixed by law. 

Sec. 2. The Legislature shall provide by law for the enrollment, 
equipment and discipline of the militia, to conform as nearly as prac- 
ticable to the regulations for the government of the armies or the 
United States, and pass such laws to promote volunteer organizations 
as may afford them effectual encouragement. 

Sec. 3. All militia officers shall be commissioned by the Governor, 
the manner of their selection to be provided by law, and may hold 
their commissions for such period of time as the Legislature may 
provide. 

Sec. 4. All military records, banners, and relics of the State, except 
when in lawful use, shall be preserved in the office of the adjutant- 
general as a^n enduring memorial of the patriotism and valor of the 
soldiers of Idaho; and it shall be the duty of the Legislature to pro- 
vide by law for the safe^-keeping of the same. 

• Sec. 5. All military organizations under the laws of this State shall 
carry no other device, banner, or flag than that of the United States 
or the State of Idaho. 

Sec. 6. No armed police force, or detective agency, or armed body 
of men, shall ever be brought into this State lor the suppression of 
domestic violence, except upon the application of the Legislature, or 
the executive when the Legislature cannot be convened. 

Article XV 

WATER RIGHTS 

Section 1. The use of all waters now appropriated, or that may 
hereafter be appropriated for sale, rental, or distribution ; also of all 
water originally appropriated for private use, but which after such 
appropriation has heretofore been, or may hereafter be sold, rented, 
or distributed, is hereby declared to be a public use, and subject to 
the regulation and control of the State in the manner prescribed by 
law. 

Sec. 2. The right to collect rates or compensation for the use of 
water supplied to any county, city, or town, or water district, or the 
inhabitants thereof, is a franchise, and can not be exercised except 
by authority of and in the manner prescribed by law. 

Sec. 3. The right to divert and appropriate the unappropriated 
waters of any natural stream to beneficial uses, shall never be denied. 
Priority of appropriation shall give the better right as between 
those using the water; but when the waters of any natural stream are 
not sufficient for the service of all those desiring the use of the same. 



944 Idaho— 1889 

those using the water for domestic purposes shall (subject to such 
limitations as may be prescribed by law) have the preference over 
those claiming for any other purpose ; and those using the water for 
agricultural purposes shall have preference over those using the same 
for manufacturing purposes. And in any organized mining district, 
those using the water, for mining purposes, or milling purposes con- 
nected witn mining, shall have preference over those using the same 
for manufacturing or agricultural purposes. But the usage by such 
subsequent appropriators shall be subject to such provisions of law 
regulating the taking of private property for public and private use, 
as referred to in section fourteen of Article I, of this Constitution. 

Sec. 4. Whenever any waters have been, or shall be, appropriated 
or used for agricultural purposes, under a sale, rental, or distribu- 
tion thereof, such sale, rental, or distribution shall be deemed an 
exclusive dedication to such use ; and whenever such waters so dedi- 
cated shall have once been sold, rented, or distributed to any person 
who has settled upon or improved land for agricultural purposes 
with the view of receiving the benefit of such water under such 
dedication, such person, his heirs, executors, administrators, suc- 
cessors, or assigns, shall not thereafter, without his consent, be 
deprived of the annual use of the same, when needed for domestic 
purposes, or to irrigate the land so settled upon or improved, upon 
payment therefor, and compliance with sucn equitable terms and 
conditions as to the quantity used and times of use, as may be pre- 
scribed by law. 

Sec. 5. Whenever more than one person has settled upon, or 
improved land with the view of receiving -water for agricultural 
purposes, under a sale, rental or distribution thereof, as in the last 
preceding section of this article, provided, as among such persons 
priority in time shall give superiority of right to the use of such 
water m the numerical order of such settlements or improvements; 
but whenever the supply of such water shall not be sufficient to meet 
the demands of all those desiring to use the same, such priority of 
right shall be subject to such reasonable limitations as to the quantity 
of water used and times of use as the Legislature, having due regard, 
both to such priority of right and the necessities of those subsequent 
in time of settlement or improvement, may by law prescribe. 

Sec. 6. The Legislature shall provide by law the manner in which 
reasonable maximum rates may oe established to be charged for the 
use of water sold, rented or distributed for any useful or beneficial 
purpose. 

Article XVI 

LIVE-STOCK 

Section 1. The Legislature shall pass all necessary laws to pro- 
vide for the protection of livestoct against the introduction or 
spread of pleuro-pneumonia, glanders, splenetic or Texas fever, and 
other infectious or contagious diseases. The Legislature may also 
establish a system of quarantine or inspection, and such other regula- 
tions as may be necessary for the protection of stock-owners and most 
conducive to the stock interests within this State. 



Idaho— 1889 945 

Article XVI T 



STATE BOUNDARIES 

Sectiok 1. The name of this State is Idaho, and its boundaries are 
as follows : Beginning at a point in the middle channel of the Snake 
river where the northern boundary of Oregon intersects the same ; 
then follow down the channel of Snake river to a point opposite the 
mouth of the Kooskooskia or Clearwater river; thence due north to 
the forty-ninth parallel of latitude; thence east along that parallel 
to the thirty-ninth degree of longitude west of Washington ; thence 
south along that degree of longitude to the crest of the Bitter Root 
Mountains; thence southward along the crest of the Bitter Root 
Mountains till its intersection with the Rocky Mountains; thence 
southward along the crest of the Rocky Mountains to the thirty- 
fourth degree of longitude west of Washington ; thence south along 
that degree of longitude to the forty-second degree of north latitude ; 
thence west along that parallel to the eastern boundary of the State 
of Oregon; thence north along that boundary to the place of be- 
ginning. 

Article XVIII 

COUNTY organization 

Section 1. The several counties of the Territory of Idaho as they 
now exist, are hereby recognized as legal subdivisions of this State. 

Sec. 2. No county seat shall be removed unless upon petition of a 
majority of the qualified electors of the county, and unless two-thirds 
of the qualified electors of the county, voting on the proposition at a 
general election, shall vote in favor of such removal. A proposition 
of removal of the county seat shall not be submitted in the same 
county more than once in six years, except as provided by existing 
laws. No person shall vote at any county seat election who has not 
resided in the county six months, and' in the precinct ninety days. 

Sec. 3. No county shall be divided unless a majority of the qualified 
electors of the territory proposed to be cut oflF, voting on the propo- 
sition at a general election, shall vote in favor of such division : Pro- 
vided^ That this section shall not apply to the creation of new 
counties. No person shall vote at such election who has not been 
ninety days a resident of the territory proposed to be annexed. When 
any part of a county is stricken off and attached to another county, 
the part stricken off shall be held to pay its ratable proportion of all 
then existing liabilities of the county from which it is taken. 

Sec. 4. No new county shall be established which shall reduce any 
county to an area of less than four hundred sauare miles, nor shall a 
new county be formed containing an area of less than four hundred 
square miles. 

Sec. 5. The Legislature shall establish, subject to the provisions of 
this article, a system of county governments which shall be uniform 
throughout the State; and by general laws shall provide for town- 
ship or precinct organization. 

Sec. 6. The Legislature, by general and uniform laws, shall provide 
for the election biennially in each of the several counties of the State, 



946 Idaho— 1889 

of county commissioners, a sheriff, county treasurer, who is ex-officio 
public administrator ; probate judge, who is ex-officio county superin- 
tendent of public instruction; county assessor, who is ex-officio tax 
collector; a coroner and a surveyor. The clerk of the district court 
shall be ex-officio auditor and recorder. No other county offices shall 
be established, but the Legislature by general and uniform laws shall 
provide for the election or such township, precinct and municipal offi- 
cers as public convenience may require, and shall prescribe their 
duties and fix their terms of office. The Le^slature shall provide 
for the strict accountabilitv of countv, township, precinct and munic- 
ipal officers for all fees which may be collected by them, and for all 
public and municipal moneys which may be paid to them, or officially 
come into their possession. The county commissioners may employ 
counsel when necessary. The sheriff, auditor and recorder and clerk 
of the district court shall be empK)wered by the county commissioners 
to appoint such deputies and clerical assistance as the business of their 
offices may require; said deputies and clerical assistance to receive 
such compensation as may be fixed by the county commissioners. No 
sheriff or county asseasor shall be qualified to hold the term of office 
immediately succeeding the term for which he was elected. 

Sec. 7. The officers provided by section six (6) of this article shall 
receive annually as compensation for their services as follows : Sheriff, 
not more than four thousand dollars and not less than one thousand 
dollars, together with such mileage as may be prescribed by law ; clerk 
of the district court, who is ex-officio auditor and recorder, not more 
than three thousand dollars and not less than five hundred dollars; 
probate judge, who is ex-officio county superintendent of public 
instruction, not more than two thousand dollars and not less than five 
hundred dollars; county assessor, who is ex-officio tax collector, not 
more than three thousand dollars and not less than five hundred dol- 
lars ; county treasurer, who is ex-officio public administrator, not more 
than one thousand dollars, and not less than three hundred dollars; 
coroner, not more than five hundred dollars; county surveyor, not 
more than one thousand dollars; coimty commissioners, such per 
diem and mileage as may be prescribed by law ; and justices of the 
peace and constables such fees as may be prescribed by law. 

Sec. 8. The compensation provided in section seven (7) for the 
officers therein mentioned shall be paid by fees or commissions, or 
both, as prescribed by law. All fees and commissions received by 
such officers in excess of the maximum compensation per annum pro- 
vided for each in section seven (7) of this article shall be paid to the 
county treasurer for the use and benefit of the county. In case the 
fees received in any one year by any one such officers shall not amount 
to the minimum compensation per annum therein provided, he diaU 
be paid by the county a sum sufficient to make his aggregate annual 
compensation equal to such minimum compensation. 

Sec. 9. The neglect or refusal of any officer named in this article to 
account for and pay into the county treasury any money received as 
fees or compensation in excess of the maximum amount allowed to 
such officer by the provisions of this article, within forty days after 
the receipt or the same, shall be a felony, and the grade of the crime 
shall be the embezzlement of public moneys, and be punishable as pro- 
vided for such offense. 



Idaho— 1889 947 

Sec. 10. The board of county commissioners shall consist of three 
members, whose term of office shall be two years. 

Sec. 11. County, township and precinct officers shall perform such 
duties as shall be prescribed by law. 

Article XIX 

APPORTION MENT 

Section 1. Until otherwise provided by law the apportionment of 
the two houses of the Legislature shall be as follows : 

The first senatorial districts shall consist of the county of Shoshone, 
and shall elect two senators. 

The second shall consist of the counties of Kootenai and Latah, and 
shall elect one senator. 

The third shall consist of the counties of Nez Perce and Idaho, and 
shall elect one senator. 

The fourth shall consist of the counties of Nez Perce and Latah, 
and shall elect one senator. 

The fifth shall consist of the county of Latah, and shall elect one 
senator. 

The sixth shall consist of the county of Boise, and shall elect one 
senator. 

The seventh shall consist of the county of Custer, and shall elect one 
senator. 

The eighth shall consist of the county of Lemhi, and shall elect one 
senator. 

The ninth shall consist of the county of Logan, and shall elect one 
senator. 

The tenth shall consist of the county of Bingham, and shall elect 
one senator. 

The eleventh shall consist of the counties of Beaj Lake, Oneida 
and Bingham, and shall elect one senator. 

The twelfth shall consist of the counties of Owyhee and Cassia, 
and shall elect one senator. 

The thirteenth shall consist of the county of Elmore, and shall elect 
one senator. 

The fourteenth shall consist of the county of Alturas, and shall 
elect one senator. 

The fifteenth shall consist of the county of Ada, and shall elect two 
senators. 

The sixteenth shall consist of the county of Washington, and shall 
elect one senator. 

Sec. 2. The several counties shall elect the following members of 
the house of representatives : 

The county of Ada, three members. 

The coxmties of Ada and Elmore, one member. 

The county of Alturas, two members. 

The county of Boise, two members. 

The county of Bear Lake, one member. 

The county of Bingham, three members. 

The county of Cassia, one member. 

The county of Custer, two members. 



948 Idaho— 1889 

The county of Elmore, one member. 

The county of Idaho, one member. 

The counties of Idaho and Nez Perce, one member. 

The county of Kootenai, one member. 

The county of Latah, two members. 

The counties of Kootenai and Latah, one member. 

The county of Logan, two members. 

The county of Lemhi, two members. 

The county of Nez Perce, one member. 

The county of Oneida, one member. 

The county of Owyhee, one member. 

The county of Shoshone, four members. 

The county of Washington, two members. 

The counties of Bingham, Logan and Alturas, one member. 

Article XX 

AMENDMENTS 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either branch of the Legislature, and if the same 
shall be agreed to by two-thirds of all the members of each of the two 
houses, voting separately, such proposed amendment or amendments 
shall, with the veas and nays thereon, be entered on their journals, 
and it shall be the duty of the Legislature to submit such amendment 
or amendments to the electors of the State at the next general elec- 
tion, and cause the same to be published without delay for at least 
six consecutive weeks, prior to said election, in not less than one news- 
paper of general circulation published in each county; and if a 
majority of the electors shall ratify the same, such amendment or 
amendments shall become a part of this Constitution. 

Sec. 2. If two or more amendments are proposed, they shall be sub- 
mitted in such manner that the electors shall vote for or against eadi 
of them separately. 

Sec. 3. tMienever two-thirds of the members elected to each branch 
of the Legislature shall deem it necessary to call a convention to 
revise or amend this Constitution, they shall recommend to the 
electors to vote at the next general election for or against a conven- 
tion, and if a majority of all the electors voting at said election dial! 
have voted for a convention, the Legislature shall at the next session 
provide by law for calling the same ; and such convention shall con- 
sist of a number of mem&rs not less than double the number of the 
most numerous branch of the I^egislature. 

Sec. 4. Any Constitution adopted by such convention, shall have no 
validity until it has l)een submitted to, and adopted by, the people. 

Article XXI 
schedule and ordinance 

Section 1. That no inconvenience may arise from a change of the 
Territorial government to a permanent State government, it is 
declared that all writs, actions, prosecutions, claims, liabilities, and 
obligations against the Territory of Idaho, of whatsoever nature, and 



Idaho— 1889 949 

rights of individuals, and of bodies corporate, shall continue as if no 
change had taken place in this government; and all process which 
may, before the organization of the judicial department under this 
Constitution, be issued under the authority of the Territory of Idaho, 
shall be as valid as if issued in the name of the State. 

Sec. 2. All laws now in force in the Territory of Idaho which are 
not repugnant to this Constitution shall remain in force until they 
expire by their own limitation or be altered or repealed by the Legis- 
lature. 

Sec. 3. All fines, penalties, forfeitures, and escheats accruing to the 
Territory of Idaho shall accrue to the use of the State. 

Sec. 4. All recognizances, bonds, obligations, or other undertakings 
heretofore taken, or which may be taken before the organization of 
the judicial department under this Constitution, shall remain valid, 
and shall pass over to and may be prosecuted in the name of the 
State; and all bonds, obligations, or other undertaking executed by 
this Territory, or to any other officer in his official capacity, shall pass 
over to the proper State authority, and to their successors in office, for 
the uses therem respectively expressed, and may be sued for and 
recovered accordingly. All criminal prosecutions and penal actions 
which have arisen, or which may arise before the organization of the 
judicial departmei^t under this Constitution, and which shall then be 
pending, may be prosecuted to judgment and execution in the name 
of the State. 

Sec. 5. All officers, civil and military, now holding their offices and 
appointments in this Territory under the authority of the United 
States, or under the authority of this Territory, shall continue to 
hold and exercise their respective offices and appointments until sus- 
f)ended under this Constitution. 

Sec. 6. This Constitution shall be submitted for adoption or rejec- 
tion, to a vote of the electors qualified by the laws of this Territory 
to vote at all elections at an election to be held on the Tuesday next 
after the first Monday in November, A. D. 1889. Said election shall 
be conducted in all respects in the same manner as provided by the 
laws of the Territory for general election, and the returns thereof 
shall be made and canvassed in the same manner and by the same 
authority as provided in cases of such general elections, and abstracts 
of such returns dul^ certified shall be transmitted to the board of 
canvassers now provided by law for canvassing the returns of votes 
for Delegate in Congress. The said canvassing board shall canvass 
the votes so returned and certify and declare the result of said elec- 
tion in the same manner, as is required by law for the election of said 
Delegate. 

At the saidtelection the ballots shall be in the following form : For 
the Constitution — ^yes ; no. 

And as a heading to each of said ballots shall be printed on each 
ballot, the following instructions to voters : 

All persons who desire to vote for the Constitution, or any of the 
articles submitted to a separate vote, may erase the word " no." 

All persons who desire to vote against the Constitution, or against 
any article submitted separately, may erase the word " yes." 

Any person may have printed or written on his ballot only the 
ivords, " For the Constitution " or "Against the Constitution," 



950 Idaho— 1889 

and such ballots shall be counted for or against the Constitution 
accordingly. _ 

Sec. 7. This Constitution shall take effect and be in full force 
immediately upon the admission of the Territory as a State. 

Sec. 8. Immediately upon the admission or the Territory as 'a 
State, the Governor of the Territory, or in case of his absence or 
failure to act, the secretary of the Territory, or in case of his absence 
or failure to act, the president of this convention, shall issue a proc- 
lamation, which shall be published, and a copy thereof mailed to the 
chairman of the board or countv commissioners of each county, call- 
ing an election by the people oi all State, district, county, township, 
and other oflScers. created and made elective by this Constitution, 
and fixing a day ror such election, which shall not be less than forty 
days after the aate of such proclamation, nor more than ninety days 
after the admission of the Territory as a State. 

Sec. 9. The board of commissioners of the several counties shall 
thereupon order such election for said day, and shall cause notice 
thereof to be given, in the manner and for the length of time provided 
by the laws of the Territory in cases of general elections for Delegate 
to Congress and county and other officers. Every qualified elector of 
the Territory, at the date of said election, shall be entitled to vote 
thereat. Said election shall be conducted in all respects in the same 
manner as provided by the laws of the Territory for general elections, 
and returns thereof shall be made and canvassed in the same manner 
and by the same authority as provided in cases of such general 
election ; but returns for all State and district officers and members of 
the Legislature, shall be made to the canvassing board hereinafter 
provided for. 

Sec. 10. The Governor, Secretary, Controller, and Attorney-Gen- 
eral of the Territory, and the president of this convention, or a 
majority of them, shall constitute a board of canvassers to canvass 
the vote at such elections for all State and district officers and mem* 
bers of the Legislature. The said board shall assemble at the seat of 
government of the Territory, on the thirtieth day after the date of 
such election (or on the following day if such day fall on Sunday), 
and proceed to canvass the votes for all State and district officers and 
memoers of the Legislature, in the manner provided by the laws of 
the Territory for canvassing the vote for Delegate to Congre^, and 
they shall issue certificates of election to the persons found to be 
elected to said offices severally, and shall make and file with the 
Secretary of the Territory an abstract certified by them, of the num- 
ber of votes cast for each person for each of said offices, and of the 
total number of votes cast m each county. 

Sec. 11. The canvassing boards of the several counties shall issue 
certificates of election to the several persons found by them to have 
been elected to the several county and precinct offices. 

Sec. 12. All officers elected at such election shall, within thirty 
days after they have been declared elected, take the oath required by 
this Constitution, and give the same bond required by the law of the 
Territory to be given in case of like officers of the Territory, district 
or county, and snail thereupon enter upon the duties of their respec- 
tive offices; but the Legislature may require by law all such officers to 
giye other or further bonds as a condition of their continuance in 
office. 



Idaho— 1889 951 

Sec. 13. All officers elected at said election, shall hold their offices 
until the Legislature shall provide by law, in accordance with this 
Constitution, for the election of their successors, and until such suc- 
cessors shall be elected and qualified. 

Sec. 14. The Governor-elect of the State, immediately upon his 
qualifying and entering upon the duties of his office, shall issue his 
proclamation convening the Legislature of the State at the seat of 
government on a day to be named in said proclamation and which 
shall not be less than thirty nor more than sixty days after the date 
of such proclamation. Within ten days after the organization of the 
Legislature both houses of the Legislature shall then and there pro- 
ceed to elect, as provided by law, two Senators of the United States 
for the State of Idaho. At said election, the two persons who shall 
receive the majority of all the votes cast by said senators and repre- 
sentatives, shall be elected as such United States Senators, and shall 
be so declared by the presiding officers of said joint session. The 
presiding officers of the senate and house^ shall issue a certificate to 
eftch of said senators, certifying his election, which certificates shall 
also be signed by the Governor and attested by the Secretary of State. 

Sec. 15. The Legislature shall pass all necessary laws to carry into 
effect the provisions of this Constitution. 

Sec. 16. Whenever any two of the judges of the supreme court of 
the State, elected under the provisions of this Constitution, shall have 
qualified in their offices, the causes then pending in the supreme court 
of the Territory, and the papers, records, and proceedings of said 
court, and the seal and other property pertaining thereto, shall pass 
into the jurisdiction and possession of the supreme court of the State; 
and until so superceded the supreme court of the Territory and the 
judges thereof shall continue, with like powers and jurisdiction, as if 
this Constitution had not been adopted. Whenever the judge of the 
district court of any district, elected under the provisions of this Con- 
stitution, shall have qualified in office, the several causes then pending 
in the district court of the Territory, within any county in such dis- 
trict, and the records, papers, and proceedings of said district court, 
and the seal and other property pretaining thereto, shall pass into the 
jurisdiction and possession of the district court of the State for such 
county; and until the district courts of this Territory shall be super- 
ceded in the manner aforesaid the said district courts and the judges 
thereof shall continue with the same jurisdiction and power to be 
exercised in the same judicial districts respectively, as heretofore 
constituted under the laws of the Territory. 

Sec. 17. Until otherwise provided by law, the seals now in use in 
the supreme and district courts of this Territory are hereby declared 
to be the seals of the supreme and district courts, respectively, of the 
State. 

Sec. 18. Whenever this Constitution shall go into effect, the books, 
records, and papers, and proceedings of the probate court in each 
county, and all causes and matters of administration and other mat- 
ters pending therein, shall -pass into the jurisdiction and possession 
of the probate court of the same county of the State, ana the said 
probate court shall proceed to final decree or judgment, order, or 
other determination in the said several matters and causes as the said 
probate court might have done as if this Constitution had not been 
adopted. 



952 Idaho— 1889 

Sec. 19. It is ordained by the State of Idaho that perfect toleration 
of religious sentiment shall be secured, and no inhabitant of said 
State shall ever be molested in person or property on account of his 
or her mode of religious worship. And the people of the State of 
Idaho do agree and declare that we forever disclaim all right and 
title to the unappropriated public lands lying within the boundaries 
thereof, and to all lands lying within said limits, owned or held by 
any Indians or Indian tribes; and until the title thereto shall have 
been extinguished by the United States, the same shall be subject to 
the disposition of the United States, and said Indian lands shall 
remain under the absolute jurisdiction and control of the Congress of 
the United States j that the lands belonging to citizens of the United 
States, residing without the said State of Idaho, shall never be taxed 
at a higher rate than the lands belonging to the residents thereof. 
That no taxes shall be imposed by the State on the lands or property 
therein belonging to, or which may hereafter be purchased by, the 
United States, or reserved for its use. And the debts and liabilities 
of this Territory shall be assumed and paid by the State of Idaha 
That this ordinance shall be irrevocable, without the consent of the 
United States and the people of the State of Idaho. 

Sec. 20. That in behalf of the people of Idaho, we, in convention 
assembled, do adopt the Constitution of the United States. 

Done in open convention, at Boise City, in the Territory of Idaho, 
this sixth day of August, in the year of our Lord one thousand eight 
hundred and eighty-nine. 

Wm. H. Clagett, President, 



AKENDKENTS 

The following amendments to the Constitution have been adopted: 

Article V 

Sec. 18. A prosecuting attorney shall be elected for each organized 
county in the state, by the qualified electors of such county, and shall 
hold office for the term of two years, and shall perform such duties 
as may be prescribed by law ; he shall be a practicing attorney at law, 
and a resident and elector of the county for which he is elected. He 
shall receive as compensation for his services a sum not less than five 
hundred dollars per annum nor more than fifteen hundred dollars 
per annum, to be fixed by the board of commissionei's of the county 
at its regular session in July next preceding any general election, 
and to be paid in quarterly installments out or the county treasury. 

Article VI 

Sec. 2. Except as in this article otherwise provided, every male or 
female citizen of the United States, twenty-one years old, who has 
actually resided in this state or territory for six months, and in the 
county where he or she offers to vote, thirty days next preceding the 
day of election, if registered as provided by law, is a qualified elector; 
and until otherwise provided by the legislature, women who have the 



Idaho— 1889 953 

qualifications prescribed in this article may continue to hold such 
school offices and vote at such school elections as provided by the 
laws of Idaho Territory. 

Article XVIII 

Sec. 4. No new counties shall be established which shall reduce 
any county to an area of less than four hundred square miles nor the 
valuation of its taxable property to less than one million dollars. 
Nor shall any new county be formed which shall have an area of less 
than four hundred square miles, and taxable property of less than 
one million dollars, as shown by the last previous assessment. 

Sec. 6. The le^slature by general and uniform laws shall pro- 
vide for the election bienally m each of the several counties of the 
State, of county commissioners, a sheriff, a county treasurer, who is 
ex-officio public administrator, a probate judge, a county superin- 
tendent or public instruction, a county assessor who is ex-officio tax 
collector, a coroner and a surveyor. The clerk of the district court 
shall be ex-officio auditor and recorder. No other county offices 
shall be established, but the legislature by general and uniform laws 
shall provide for such township, precinct and municipal officers as 

gublic convenience may require, and shall prescribe their duties, and 
X their terms of office. The legislature shall provide for the strict 
accountability of county, township, precinct and municipal officers 
for all fees which may be collected by them, and for all public and 
municipal monies which may be paid to them or officially come into 
their possession. The county commissioners may employ counsel 
when necessary. The sheriff, auditor and recorder, and clerk of the 
district court shall be empowered by the county commissioners to 
appoint such deputies and clerical assistance as tne business of their 
offices may require, said deputies and clerical assistants to receive 
such coinpensation as may be fixed by the county commissioners. 
No sherin or county assessor shall be qualified to hold the term of 
office immediately succeeding the term for which he was elected. The 
salary and qualifications of the county superintendent shall be fixed 
by law. 

Sec. 7. All county officers and deputies when allowed, shall receive, 
as full compensation for their services, fixed annual salaries, to be 
paid quarterly out of the county treasury, as other expenses are paid. 
All actual and necessary expenses, incurred by any county officer or 
deputy, in the performance of his official duties, shall be a legal 
charge against tne county, and may be retained by him out of anj^ 
fees, which may come into his hands. All fees, which may come into 
his hands from whatever source, over and above his actual and 
necessary expenses, shall be turned into a county treasury at the end 
of each quarter. He shall at the end of each quarter, file with the 
clerk of the board of county commissioners, a sworn statement, accom- 
panied by proper vouchers, showing all. expenses incurred and all fees 
received, which must be audited by the board as other accounts. 

Sec. 9. The neglect or refusal of any county officer or deputy to 
account for and pay into the county treasury any money received as 
fees or compensation, in excess of his actual and necessary expenses, 
incurred in the performance of his official duties, within ten days 



954 Idaho— 1889 

after his quarterly settlement with the county, shall be a felony, and 
the grade of the crime shall be embezzlement of public funds, and 
be punishable as provided for such offenses. 

^Vrticle XIII 

Sec. 2. Not more than eight (8) hours actual work shall constitute 
a lawful day's work on all state and municipal works, and the legis- 
lature shall pass laws to provide for the health and safety of em- 
ployes in factories, smelters, mines and ore reduction works. 



ILLINOIS 



VntGINIA ACT OF CESSION— 1783 « 

Section 1. Whereas the Congress of the United States did, by their 
act of the 6th day of September, in the year 1780, recommend to the 
several States in the Union, having claims to waste and unappro- 
priated lands in the western country, a liberal cession to the United 
States of a portion of their respective claims for the common benefit 
of the Union : 

Sec. 2. And whereas this commonwealth did, on the 2d day of 
January, in the year 1781, yield to the Congress of the United States, 
for the benefit oi the said States, all right, title, and claim which the 
said commonwealth had to the territory northwest of the river Ohio, 
subject to the conditions annexed to the said act of cession : 

Sec. 3. And whereas the United States in Congress assembled have, by 
their act of the 13th of September last, stipulated the terms on which 
they agree to accept the cession of this State, should the legislature 
approve thereof, which terms, although they do not come fully up to 
the propositions of this commonwealth, are conceived, on the whole, 
to approach so nearly to them as to induce this State to accept 
thereof, in full confidence that Congress will, in justice to this State 
for the liberal cession she hath made, earnestly press upon the other 
States claiming large tracts of waste and uncultivated territory the 
propriety of making cessions equally liberal for the common benefit 
and support of the Union : 

Be it enacted hy the general assemhly^ That it shall and may be 
lawful for the delegates of this State to the Congress of the United 
States, or such of them as shall be assembled in Congress, and the 
said delegates, or such of them so assembled, are hereby fully author- 
ized and empowered, for and on behalf of this State, by proper deeds 
or instrument in writing, under their hands and seals, to convey, 
transfer, assign, and make over unto the United States, in Congress 
assembled, for the benefit of the said States, all right, title, and claim, 
as well of soil as jurisdiction, which this commonwealth hath to the 
territory or tract of country within the limits of the Virginia char- 
ter, situate, lying, and being to the northwest of the river Ohio, sub- 
ject to the terms and conditions contained in the before-recited act 
of Congress of the 13th day of September last, that is to say: Upon 
condition that the territory so ceded shall be laid out and formed into 

a This act was passed on December 20, 1783, by the legislature of Virginia, to 
authorize the delegates of that State in Congress to convey to the United States 
all the rights of that commonwealth to the territory northwest of the river 
Ohio. 

7262— VOL 2—07 6 955 



956 lUimns—irSS 

States, containing a suitable extent of territory, not less than one 
hundred nor more than one hundred and fifty miles square, or as near 
thereto as circumstances will admit; and that the States so formed 
shall be distinct republican States, and admitted members of the 
Federal Union, having the same rights of sovereignty, freedom, and 
independence as the other States; that the necessary and reasonable 
expenses incurred by this State in subduing any British posts, or in 
maintaining forts or garrisons within and for the defence, or in ac- 
quiring any part of the territory so ceded or relinquished, shall be 
fully reimbursed by the United States; and that one commissioner 
shall be appointed' by Congress, one by this commonwealth, and 
another by those two commissioners, who, or a majority of them, 
shall be authorized and empowered to adjust and liquidate the ac- 
count of the necessary ana reasonable expenses incurred by this 
State, which they shall judge to be comprised within the intent and 
meaning of the act of Congress of the 10th of October, 1780, respect- 
ing such expenses. That the French and Canadian inhabitants, and 
other settlers of the Kaskaskies, Saint Vincents, and the neighboring 
villages, who have professed themselves citizens of Virginia, shall 
have their possessions and titles confirmed to them, and be protected 
in the enjoyment of their rights and liberties. That a quantity, not 
exceeding one hundred and fifty thousand acres, of land, promised 
by this State, shall be allowed and granted to the then Colonel, now 
General, George Rogers Clarke, and to the officers and soldiers of his 
regiment who marched with him when the posts of Kaskaskies and 
Saint Vincents were reduced, and to the officers and soldiers that have 
been since incorporated into the said regiment, to be laid off in one 
tract, the length of which not to exceed double the breadth, in such 
place on the northwest side of the Ohio as a majority of the officers 
shall choose, and to be afterwards divided among the said officers and 
soldiers in due proportion according to the laws of Virginia. That 
in case the quantity of good lands on the southeast side of the Ohio, 
upon the waters or Cumberland River, and between the Green River 
and Tennessee River, which have been reserved bv law for the Vir- 
ginia troops upon continental establishment, should, from the North 
Carolina line bearing in further upon the Cumberland lands than 
was expected, prove insufficient for tneir legal bounties, the deficiency 
should be maae up to the said troops in good lands, to be laid oft 
between the rivers Scioto and Little Miami, on the northwest side of 
the river Ohio, in such proportions as have been engaged to them 
by the laws of Virginia. That all the lands within the territory so 
ceded to the United States, and not reserved for or appropriated to 
any of the before-mentioned purposes, or disposed of in bounties to 
the officers and soldiers of the American Army, shall be considered 
as a common fund for the use and benefit of such of the United Stat^ 
as have become, or shall become members of the confederation or 
federal alliance of the said States, Virginia inclusive, according to 
their usual respective proportions in the general charge and expendi- 
ture, and shall be faithfully and hmia fide disposed of for that pur- 
pose, and for no other use or purpose whatsoever: Provided^ That the 
trust hereby reposed in the delegates of this State shall not be exe- 
cuted unless three ^f them, at least, are present in Congress. 



mimm— 1784—1787 957 



DEED OF CESSION FBOH VIEOINIA— 1784 

To all who shall see these presents, we, Thomas Jefferson, Samuel 
Hardy, Arthur Lee, and James Monroe, the underwritten delegates 
for the conunonwealth of Virginia in the Congress of the United 
States of America, send greeting : 

Whereas the general assembly of the commonwealth of Virginia, 
at their sessions begun on the 20th day of October, 1783, passed an 
act, entitled "An act to authorize the delegates of this State in Con- 
gress to convey to the United States in Congress assembled all the 
right of this commonwealth to the territory northwestward of the 
river Ohio, in these words following, to wit,'' [here follows the act of 
cession :] 

And whereas the said general assembly, by their resolution of 
June 6, 1783, had constituted and appointed us, the said Thomas 
Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, delegates 
to represent the said commonwealth in Congress, for one year from 
the first Monday in November then next following, which resolution 
remains in full force: Now, therefore, know ye, that we, the said 
Thomas Jefferson, Samuel Hardy, Arthur Lee, and James Monroe, 
by virtue of the power and authority committed to us by the act of 
the said general assembly of Vir^nia before recited, and in the name, 
and for and on behalf of, the said commonwealth, do, by these pres- 
ents, convey, transfer, assign, and make over unto the United States 
in Congress assembled, for the benefit of the said States, Virginia 
inclusive, all right, title, and claim, as well of soil as of jurisdiction, 
which the said commonwealth hath to the territory or tract of coun- 
try within the limits of the Virginia charter, situate, lying, and being 
to the northwest of the river CSiio, to and for the uses and purposes 
and on the conditions of the said recited act. In testimonv whereof 
we have hereunto subscribed our names and affixed our seals, in Con- 
gress, the 1st day of March, in the year of our Lord 1784, and of the 
Independence of the United States the eighth. 



THE NOKTHWEST TEEEITOKIAL GOVEKNMENT— 1787 

[The Congress of the Confederation. July 1H. 1787] 

An Ordnance for tbe government of the territory of the United States northwest 

of the river Ohio 

Be it ordained hy the United States in Congress assemhled. That 
the said territory, lor the purposes of temporary government, be one 
district, subject, however, to be divided into two districts, as future 
circumstances may, in the opinion of Congress, make it expedient. 

Be it ordained hy the authority aforesaid^ That the estates both of 
resident and non-resident proprietors in the said territory, dying 
intestate, shall descend to, and be distributed among, their children 
and the descendants of a deceased child in equal parts, the descend- 
ants of a deceased child or grandchild to take the share of their 
deceased parent in equal parts among them ; and where there shall be 



958 niinois—1787 

no children or descendants, then in equal parts to the next of kin, in 
equal degree; and among collaterals, the children of a deceased 
brother or sister of the intestate shall have, in eaual parts among 
them, their deceased parent's share ; and there shall, in no case, be a 
distinction between kmdred of the whole and half blood ; saving in all 
cases to the widow of the intestate, her third part of the real estate for 
life, and one-third part of the personal estate; and this law relative to 
descents and dower, shall remain in full force until altered by the 
legislature of the district. And until the governor and judges shall 
aoopt laws as hereinafter mentioned, estates in the said territory may 
be cfevised or bequeathed by wills in writing, signed and sealed by him 
or her in whom the estate may be (being of full age) and attested by 
three witnesses ; — and real estates may be conveyed by lease and release, 
or bargain and sale, signed, sealed, and delivered by the person, being 
of full age, in whom the estate may be, and attested by two witnesses, 
provided such wills be duly proved, and such conveyances be acknowl- 
edged, or the execution thereof duly proved, and be recorded within 
one year after proper magistrates, courts, and registers, shall be 
appointed for that purpose; and personal property may be trans- 
ferred by delivery, savmg, however, to the French and Canadian 
inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and 
the neighboring villages, who have heretofore professed themselves 
citizens of Virginia, their laws and customs now m force among them, 
relative to the descent and conveyance of property. 

Be it ordai7ied by the authority aforesaid^ That there shall be 
appointed, from time to time, by Congress, a governor, whose com- 
mission shall continue in force for the term of three years, unless 
sooner revoked by Congress ; he shall reside in the district, and have 
a freehold estate therein, in one thousand acres of land, while in the 
exercise of his office. 

There shall be appointed from time to time, by Congress, a secre- 
tary, whose commission shall continue in force for four years, unless 
sooner revoked; he shall reside in the district, and have a freehold 
estate therein, in five hundred acres of land, while in the exercise of 
his office. It shall be his duty to keep and preserve the acts and laws 
passed by the legislature, and the public records of the district, and 
the proceedings of the governor m his executive department, and 
transmit authentic copies of such acts and proceedings every six 
months to the secretary of Congress. There shall also be appointed 
a court, to consist of three judges, any two of whom to form a court, 
who shall have a common-law jurisdiction, and reside in the district, 
and have each therein a freehold estate, in five hundred acres of land^ 
while in the exercise of their offices; and their commissions shall con- 
tinue in force during good behavior. 

The governor and judges, or a majority of them, shall adopt and 
publish in the district such laws of the original States, criminal and 
civil, as may be necessary, and best suited to the circumstances of the 
district, and report them to Congress from time to time, which laws 
shall be in force in the district until the organization of the general 
assembly therein, unless disapproved of by Congress; but afterwards 
the legislature shall have authority to alter them as they shall 
think fit. 



Illinois— 1787 959 

The governor, for the time being, shall be commander-in-chief of 
the militia^ appoint and commission all officers in the same below the 
rank of general officers; all general officers shall be appointed and 
commissioned by Congress. 

Previous to the organization of the general assembly the governor 
shall appoint such magistrates, and other civU officers, in each county 
or township, as he shall find necessarv for the preservation of the 
peace and good order in the same. After the general assembly shall 
be organized the powers and duties of magistrates and other civil 
officers shall be regulated and defined by the said assembly; but all 
magistrates and other civil officers, not herein otherwise directed, 
shall, during the continuance of this temporary government, be 
appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted 
or made shall have force in all parts of the district, and for the execu- 
tion of process, criminal and civil, the governor shall make proper 
divisions thereof; and he shall proceed, from time to time, as circum- 
stances may require, to lay out the parts of the district in which the 
Indian titles shall have been extinguished, into counties and town- 
ships, subject, however, to such alterations as may thereafter be made 
by the legislature. 

So soon as there shall be five thousand free male inhabitants, of 
full age, in the district, upon giving proof thereof to the governor, 
they shall receive authority, with time and place, to elect representa- 
tives from their counties or townships, to represent them in the gen- 
eral assembly; Provided^ That for every five hundred free male 
inhabitants there shall be one representative, and so on, progressively, 
with the number of free male inhabitants, shall the right of repre- 
sentation increase, until the number of representatives shall amount 
to twenty-five; after which the number and proportion of representa- 
tives shall be regulated by the legislature: Provided^ That no person 
be eligible or qualified to act as a representative, unless he shall have 
been a citizen of one of the United States three years, and be a resi- 
dent in the district, or unless he shall have resided in the district 
three years; and, in either case, shall likewise hold in his own right, 
in fee-simple, two hundred acres of land within the same : Provided 
also^ That a freehold in fifty acres of land in the district, having been 
a citizen of one of the States, and being resident in the district, or the 
like freehold and two years' residence in the district, shall be neces- 
sary to qualify a man as an elector of a representative. 

The representatives thus elected shall serve for the term of two 
years; and in case of the death of a representative, or removal from 
office, the governor shall issue a writ to the county or township, for 
which he was a member, to elect another in his stead, to serve for the 
residue of the term. 

The general assembly, or legislature, shall consist of the governor, 
legislative council, and a house of representative. The legislative 
council shall consist of five members, to continue in office five years, 
unless sooner removed by Congress ;^ any three of whom to be a quo- 
rum: and the members of the council shall be nominated and 
appointed in the following manner, to wit: As soon as representatives 
shall be elected the governor shall appoint a time and place for them 



960 Illinois— 1787 

to meet together, and when met they shall nominate ten persons, resi- 
dents in the district, and each possessed of a freehold in five hundred 
acres of land, and return their names to Congress, five of whom Con- 
gress shall appoint and commission to serve as aforesaid ; and when- 
ever a vacancy shall happen in the council, by death or removal from 
office, the house of representatives shall nommate two persons, quali- 
fied as aforesaid, for each vacancy, and return their names to Con- 
gress, one of whom Congress shall appoint and commission for the 
residue of the term ; and every five years, four months at least before 
the expiration of the time of service of the members of the coancil, 
the said house shall nominate ten persons, qualified as aforesaid, and 
return their names to Congress, five of whom Congress shall appoint 
and commission to servie as members of the council five years, unle^ 
sooner removed. And the governor, legislative council, and house of 
representatives shall have authority to make laws in all cases for the 
good government of the district, not repugnant to the principles and 
articles in this ordinance established and declared. And all bills, hav- 
ing passed by a majority in the house, and by a majority in the coun- 
cil, shall be referred to the governor for his assent; but no bill, or 
legislative act w^hatever, shall be of any force without his assent. 
The governor shall have power to convene, prorogue, and dissolve the 
general assembly when, in his opinion, it shall be expedient. 

The governor, judges, legislative council, secretary, and sucn other 
officers as Congress shall appoint in the district, shall take an oath 
or affirmation of fidelity, and of office; the governor before the presi- 
dent of Congress, and all other officers before the governor. As soon 
as a legislature shall be formed in the district, the council and house 
assembled, in one room, shall have authority, by joint ballot, to elect 
a delegate to Congress, who shall have a seat in Congress, with a right 
of debating, but not of voting, during this temporary government. 

And for extending the fundamental principles of civil and religious 
liberty, which form the basis whereon these republics, their laws 
and constitutions, are erected; to fix and establish those principles as 
the basis of all laws, constitutions, and governments, which forever 
hereafter shall be formed in the said territory; to provide, also, for 
the establishment of States, and permanent government therein, and 
for their admission to a share in the Federal councils on an equal 
footing with the original States, at as early periods as may be con- 
sistent with the general interest : 

It is hereby ordained and declared, by the authority aforesaid, that 
the following articles shall be considered as articles of compact, 
between the original States and the people and States in the said ter- 
ritory, and forever remain unalterable, unless by common consent, 
to wit : 

Article I 

No person, demeaning himself in a peaceable and orderly manner, 
shall ever l>e molested on account of his mode of worship, or religious 
sentiments, in the said territory. ^ 

Article II 

The inhabitants of the said territory shall always be entitled to the 
benefits of the writs of habeas corpus^ and of the trial by jury; of a 



Illinois— 1787 961 

proportionate representation of the people in the legislature, and of 
judicial proceedings according to the course of the common law. Ail 
persons shall be bailable, unless for capital offences, where the proof 
shall be evident, or the presumption CTeat All fines shall be mod- 
erate; and no cruel or unusual punishments shall be inflicted. No 
man shall be deprived of his liberty or property, but by the judgment 
of his peers, or the law of the land, and should the public exigencies 
make it necessary, for the common preservation, to take any person's 

Eroperty, or to demand his particular services, full compensation shall 
e nnde for the same. And, in the just preservation of rights and 
property, it is understood and declared, that no law ought ever to bo 
made or have force in the said territory, that shall, in any manner 
whatever, interfere with or affect private contracts, or engagements, 
bona fde^ and without fraud previously formed. 

Article III 

Religion, morality, and knowledge being necessary to good govorn- 
ment and the happmess of mankind, schools and the means of educa- 
tion shall forever be encouraged. The utmost good faith shall always 
be observed towards the Indians; their lands and property shall 
never be taken from them without their consent; and in their prop- 
ertv, rights and liberty they never shall be invaded or disturbed, 
unless in just and lawful wars authorized by Congress; but la^vs 
founded in justice and humanity shall, from time to time, be made, 
for preventing wrongs being done to them, and for preserving peace 
and friendship with them. 

Article IV 

The said territory, and the States which may be formed therein, 
shall forever remain a part of this confederacy of the United States 
of America, subject to the Articles of Confederation, and to such 
alterations therein as shall be constitutionally made; and to all the 
acts and ordinances of the United States in Congress assembled, 
conformable thereto. The inhabitants and settlers in the said terri- 
tory shall be subject to pay a part of the Federal debts, contracted, 
or to be contracted, and a proportional part of the expenses of gov- 
ernment to be apportioned on them by Congress, according to the 
same common rule and measure by which apportionments thereof 
shall be made on the other States; and the taxes for paying their 
proportion shall be laid and levied by the authority and direction of 
the legislatures of the district, or districts, or new States, as in the 
original States, within the time agreed upon by the United States in 
Congress assembled. The legislatures of those districts, or new 
States, shall never interfere with the primary disposal of the soil 
hy the United States in Congress assembled, nor with any regulations 
Oongress may find necessary for securing the title in such soil to the 
hoTm-fde purchasers. No tax shall be imposed on land the property 
of the United States; and in no case shall non-resident proprietors 
be taxed higher than residents. The navigable waters leading into 
the Mississippi and Saint Lawrence, and the carrying places between 
the same, shall be common highways, and forever fr^, as well to the 
inhabitants of the said territory as to the citizens of the United States, 



962 minois—1787 

and those of any other States that may be admitted into the confed- 
eracy, without any tax, impost, or duty therefor. 

Article V 

There shall be formed in the said territory not less than three nor 
more than five States; and the boundaries of the States, as soon as 
Virginia shall alter her act of cession and consent to the same, shall 
become fixed and established as follows, to wit : The western State, in 
the said territory, shall be bounded by the Mississippi, the Ohior, and 
the Wabash Rivers; a direct line drawn from the Wabash and Post 
Vincents, due north, to the territorial line between the United States 
and Canada; and by the said territorial line to the Lake of the 
Woods and Mississippi. The middle State shall be bounded by the 
said direct line, the Wabash from Post Vincents to the Ohio, by 
the Ohio, by a direct line drawn due north from the mouth of the 
Great Miami to the said territorial line, and by the said territorial 
line. The eastern State shall be bounded by the last-mentioned direct 
line, the Ohio, Pennsylvania, and the said territorial line: Proxnded^ 
however^ And it is further understood and declared, that the bound- 
aries of these three States shall be subject so far to be altered, that, 
if Congress shall hereafter find it expedient, thej^ shall have authority 
to form one or two States in that part of the said territory which lies 
north of an east and west line drawn through the southerly bend or 
extreme of Lake Michigan. And whenever any of the said States 
shall have sixty thousand free inhabitants therein, such State shall be 
admitted, by its delegates, into the Congress of the United States, on 
an equal footing with the original States, in all respects whatever; 
and shall be at liberty to form a permanent constitution and State 

fovemment: Provided^ The constitution and government, so to be 
ormed, shall be republican, and in conformity to the principles 
contained in these articles, and, so far as it can be consistent with the 
general interest of the confederacy, such admission shall be allowed 
at an earlier period, and when there may be a less number of free 
inhabitants in the State than sixty thousand. 

Article VI 

There shall be neither slavery nor involuntary servitude in the said 
territory, otherwise than in punishment of crimes, whereof the party 
shall have been duly convicted: Provided always^ That any person 
escaping into the same, from whom labor or service is lawfully claimed 
in any one of the original States, such fugitive may be lawfully 
reclaimed, and conveyed to the person claiming his or her labor oV 
service as aforesaid. 

Be it ordained hy the authority aforesaid^ That the resolutions of 
the 23d of April, 1784, relative to the subject of this ordinance, be, 
and the same are hereby, repealed, and declared null ajid void. 

Done by the United States, in Congress assembled, the 13th day of 
July, in the year of our Lord one thousand seven hundred and eighty- 
seven, and of their sovereignty and independence the twelfth. 



Illinois— 1788— 1789 963 



VIEGINIA ACT OF RATIPICATION— 1788 <» 

Whereas the United States in Congress assembled did, on the 7th 
day of July, in the year of our Lord 1786, state certain reasons, show- 
ing that a division of the territory which hath been ceded to the said 
United States by this commonwealth into States, in conformity to 
the terms of cession, should the same be adhered to, would be attended 
with many inconveniences, and did recommend a revision of the act 
of cession, so far as to empower Congress to make such a division of 
the said territory into distinct and republican States, not more than 
five nor less than three in number, as the situation of that country and 
future circumstances might require; and the said United States in 
Congress assembled have, in an ordinance for the government of the 
territory northwest of the river Ohio, passed on the 13th of July, 
1787, declared the following as one of the articles of compact between 
the original States and the people and States in the said territory, 
viz, [here article 5 of the ordmance of 1787 is recited;] 

And it is expedient that this Commonwealth do assent to the pro- 
posed alteration, so as to ratify and confirm the said article of com- 
pact between the original States and the people and States in the said 
territory : 

Be it therefore enacted by the general assembly^ That the afore- 
recited article of compact between the original States and the people 
and States in the territory northwest of Ohio river be, and the same 
is hereby, ratified and confirmed, anything to the contrary in the deed 
of cession of the said territory by this commonwealth to the United 
States notwithstanding. 



THE NOETHWEST TEEEITOEIAL OOVEENMENT— 1789 

[FiBST Congress, First Session] 

An Act to provide for the government of the territory northwest of the 

river Ohio 

Whereas, in order that the ordinance of the United States in Con- 
gress asvsembled, for the government of the territory northwest of 
the river Ohio, may continue to have full effect, it is requisite that 
certain provisions should be made, so as to adapt the same to the 
present Constitution of the United States : 

Be it enacted by the Senate and House of Representative s of the 
United States of America in Congress assembled^ That in all cases in 
which, by the said ordinance, any information is to be given or com- 

«The act of Virginia of December 18, 1789, concerning the erection of Ken- 
tucliy into an independent State, contained the following proviso : 

** Sec. 7. The use and navigation of the river Ohio, so far as the territory of 
the proposed State, or the territory which shall remain within the limits of 
this commonwealth, lies therein, shall be free and common to the citizens of 
the United States; and the respective jurisdictions of this commonwealth and 
of the proposed State, on the river as aforesaid, shall be concurrent only with 
the States which may possess the opposite shores of the said river." 



964 Illinois--1800 

munication made by the governor of the said territory to the United 
States in Congress assembled, or to any of their officers, it shall be 
the duty of the said governor to give such information and to make 
such communication to the President of the United States; and the 
President shall nominate, and, by and with the advice and consent of 
the Senate shall appoint, all officers which, by the said ordinance, 
were to have been appointed by the United States in Congress assem- 
bled, and all officers so appointed shall be commissioned by him ; and 
in all cases where the United States in Congress assembled might, by 
the said ordinance, revoke any commission, or remove from any office, 
the President is hereby declared to have the same powers of revoca- 
tion and removal. 

Sec. 2. And be it further enacted^ That in case of the death, re- 
moval, resignation, or necessary absence of the governor of the said 
territory, the secretary thereof shall be, and he is hereby, authorized 
and required to execute all the powers and perform all the duties of 
the governor during the vacancy occasioned by the removal, resigna- 
tion, or necessary absence of the said governor. 

Approved, August 7, 1780. 



THE NOETHWEST TEEEITOEIAL GOVEENMENT— 1800 ^ 

[Sixth Congress, Fibst Session! 

All Act to divide the territory of the United States northwest of the Ohio into 
two separate governments 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Conaress assembled^ That from and after 
the fourth day of July next, all that part of the territory of the 
United States northwest of the Ohio River which lies to the westward 
of a line beginning at the Ohio, opposite to the mouth of Kentucky 
River, and running thence to Fort Kecovery, and thence north until 
it shall intersect the territorial line between the United States and 
Canada, shall, for the purposes of temporary government, constitute 
a separate territory, and be called the Indiana Territory. 

Sec. 2. And be it further enacted^ That there shall be established 
within the said Territory a government in all respects similar to that 
provided by the ordinance of Congress passed on the thirteenth day 
of July, one thousand seven hundred and eighty-seven, for the govern- 
ment of the territory of the United States northwest of the river 
Ohio ; and the inhabitants thereof shall be entitled to, and enjoy, all 
and singular the rights, privileges^ and advantages granted and 
secured to the people oy the said ordinance. 

oFor other statutes of an organic nature relating to Illinois see the act to 
change slightly the duties of officers and courts in northwest territory, act of 
May 8, 1792 ; to extend the right of suffrage in Indiana Territory, February 35, 
1808; to extend the right of suffrage in Illinois Territory, May 20, 1812: to 
determine cases begun before division of territory, June 10. 1812; to define 
duties of Judges, act of March 3, 1815 ; to regulate organization of courts, April 
29, 1816 ; to provide for the execution of the laws of United States in, March 3, 
1819. See also references in note to Indiana, p. — . 



Illinois— 1800 965 

Sec. 3. And he it further enacted^ That the oflScers for the said Terri- 
tory, who by virtue of this act shall be appointed by the President of 
the United States, by and with the advice and consent of the Senate, 
shall respectively exercise the same powers, perform the same duties, 
and receive for their services the same compensations as by the ordi- 
nance aforesaid and the laws of the United States have been provided 
and established for similar oflBcers in the territory of the United 
States northwest of the river Ohio. And the duties and emoluments 
of superintendent of Indian affairs shall be united with those of gov- 
ernor : Provided^ That the President of the United States shall have 
full power, in the recess of Congress, to appoint and commission all 
officers herein authorized ; and their commissions shall continue in 
force until the end of the next session of Congress. 

Sec. 4. And he it further enacted^ That so much of the ordinance 
for the government of the territory of the United States northwest 
of the Ohio River as relates to the organization of a general assembly 
therein, and prescribes the powers thereof, shall be in force and 
operate in the Indiana Territory, whenever satisfactory evidence shall 
be given to the governor thereof that such is the wish of a majority 
of the freeholders, notwithstanding there may not be therein five 
thousand free male inhabitants of the age of twenty-one years and 
upwards : Provided^ That until there shaU be five thousand free male 
inhabitants of twenty-one years and upwards in said Territory, the 
whole number of representatives to the general assembly shall not be 
less than seven -nor more than nine, to be apportioned by the governor 
to the several counties in said Territory agreeably to the number of 
free males of the age of twenty-one years and upwards which they 
may respectively contain. 

Sec. 5. And he it further enacted^ That nothing in this act con- 
tained shall be construed so as in any manner to affect the government 
now in force in the territory of the United States northwest of the 
Ohio River, further than to prohibit the exercise thereof within the 
Indiana Territory, from and after the aforesaid fourth day of July 
next: Provided, Th^i whenever that part of the territory of the 
United States which lies to the eastward of a line beginning at the 
mouth of the Great Miami River, and running thence due north to 
the territorial line between the United States and Canada, shall be 
erected into an independent State and admitted into the Union on 
an equal footing with the original States, thenceforth said line shall 
become and remain permanently the boundary-line between such 
State and the Indiana Territory; anything in this act contained to 
the contrary notwithstanding. 

Sec. 6. And he it further enacted, That until it shall be otherwise 
ordered by the legislatures of the said territories respectively, Chilli- 
cothe, on Scioto Kiver, shall be the seat of the government of the ter- 
ritory of the United States northwest of the Ohio River; and that 
Saint Vincennes, on the Wabash River, shall be the seat of the gov- 
ernment for the Indiana Territory. 

Approved, May 7, 1800. 



966 Illinois— 1809 

TEEEITOEIAL GOVEENMENT OF ILLINOIS— 1809 

[Tenth Conobess, Second Session] 
An Act for dividing the Indiana Territory into two separate governments 

Be it enacted by the Senate and Hovse of Representatives of the 
United States of America in Congress assembled^ That from and after 
the first day of March next, all that part of the Indiana Territory 
which lies west of the Wabash River, and a direct line drawn from 
the said Wabash River and Post Vincennes due north to the terri- 
torial line between the United States and Canada, shall, for the pur- 
Eose of temporary government, constitute a separate Territory, and 
e called Illmois. 

Sec. 2. And be it further enacted^ That there shall be established 
within the said Territory a government in all respects similar to that 

Srovided by the ordinance of Congress, passed on the thirteenth day of 
uly, one thousand seven hundred ana eighty-seven, for the govern- 
ment of the territory of the United States northwest of the river 
Ohio ; and by an act passed on the seventh day of August, one thou- 
sand seven hundred and eighty-nine, intituled ''An act to provide for 
the government of the territory northwest of the river Ohio : " and 
the inhabitants thereof shall be entitled to and enjoy all and singular 
the rights, privileges, and advantages granted and secured to the 
people of the territory of the United States northwest of the river 
Ohio by the said ordinance. 

Sec. 3. And be it further enacted^ That the officers for the said Ter- 
ritory, who, by virtue of this act, shall be appointed by the President 
of the United States, by and with the advice and consent of the Sen- 
ate, shall respectively exercise the same powers, perform the same 
duties, and receive for their services the same compensations as by the 
ordinance aforesaid and the laws of the United States have been pro- 
vided and established for similar officers in the Indiana Territory. 
And the duties and emoluments of superintendent of Indian affairs 
shall be united with those of governor: Provided^ That the President 
of the United States shall have full power, in the recess of Congress, 
to appoint and commiasion all officers herein authorized, and their 
commissions shall continue in force until the end of the next session 
of Congress. 

Sec. 4. And be it further enacted^ That so much of the ordinance 
for the government of the territory of the United States northwest of 
the Ohio River, as relates to the organization of a general assembly 
therein, and prescribes the powers thereof, shall be in force anil 
operate in the Illinois Territory, whenever satisfactory evidence shall 
be given to the governor thereof that such is the wish of a majority 
of the freeholders, notwithstanding there may not be therein five 
thousand free male inhabitants of the age of twenty-one years and 
upwards: Promded^ That until there shall be five thousand free male 
inhabitants of twenty-one years and upwards in said Territory, the 
whole number of representatives to the general assembly shall not be 
less than seven, nor more than nine, to be apportioned by the governor 
to the several counties in the said Territory, agreeably to the number 
of free males of the age of twenty-one years and upwards, which they 
may respectively contain. 



IUinois—1818 967 

Sec. 5. And he it further enacted^ That nothing in this act con- 
tained shall be construed so as in any manner to affect the government 
now in force in the Indiana Territory, further than to prohibit the 
exercise thereof within the Illinois Territory from and after the 
aforesaid first day of March next. 

Sec. 6. And he it further enacted^ That all suits, process, and pro- 
ceedings which, on the first day of March next, shall be pending in 
the court of any county which shall be included within the said Ter- 
ritory of Illinois, and also all suits, process, and proceedings which, 
on the said first day of March next, shall be pending in the general 
court of the Indiana Territory, in consequence of any writ of removal, 
.or order for trial at bar, and which had been removed from any of 
the counties included within the limits of the Territory of Illinois 
aforesaid, shall, in all things concerning the same, be proceeded on, 
and jud^ents and decrees rendered thereon, in the same manner as 
if the said Indiana Territory had remained undivided. 

Sec. 7. And he it further enacted^ That nothing in this act con- 
tained shall be so construed as to prevent the collection of taxes 
which mav on the first day of March next be due to the Indiana Ter- 
ritory on lands lying in the said Territory of Illinois. 

Sec. 8. And he it further enacted^ That until it shall be otherwise 
ordered by the legislature of the said Illinois Territory, Kaskaskia, 
on the Mississippi River, shall be the seat of government for the said 
Illinois Territory. 

Approved, February 3, 1809. 



ENABLING ACT FOE ILLINOIS— 1818 

[Fifteenth Congress, First Session] 

An Act to enable the people of the Illinois Territory to form a constitution and 
State government, and for the admission of such State into the Union on an 
equal footing with the original States. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That the inhabi- 
tants of the Territory of Illinois be, and they are hereby, authorized 
to form for themselves a constitution and State government, and to 
ussimie such name as they shall deem proper; and the said State, 
when formed, shall be admitted into the Union upon the same footing 
with the original States, in all respects whatever. 

Sec. 2. And he it further enacted^ That the said State shall consist 
of all the territory included within the following boundaries, to wit; 
Beginning at the mouth of the Wabash River; thence up the same, 
and with the line of Indiana, to the northwest corner of said State ; 
thence east, with the line of the same State, to the middle of Lake 
Michigan ; thence north, along the middle of said lake, to north lati- 
tude forty -two degrees thirty minutes ; thence west to the middle of the 
Mississippi River; and thence down, along the middle of that river, 
to its confluence with the Ohio River ; and thence up the latter river, 
along its northwestern shore, to the beginning: Provided^ That the 
convention hereinafter provided for, when formed, shall ratify the 



968 Illinois— 1818 

boundaries aforesaid; otherwise they shall be and remain as now 
prescribed by the ordinance for the government of the territory 
northwest of the river Ohio : Provided also, That the said State shall 
have concurrent jurisdiction with the State of Indiana on the Wabash 
River, so far as said river shall form a common boundary to both, 
and also concurrent jurisdiction on the Mississippi River, with any 
State or States to be formed west thereof, so far as said river shall 
form a common boundary to both. 

Sec. 3. And be it further enacted, That all white male citizens of 
the United States, who shall have arrived at the age of twenty-one 
years, and have resided in said Territory six months previous to the 
day of election, and all persons having in other respects the legal 
qualifications to vote for representatives in the general assembly 
of the said Territory, be, and they are hereby, authorized to choose 
representatives to form a convention, who shall be apportioned 
amongst the several counties as follows : 

From the county of Bond, two representatives. 

From the county of Madison, three representatives. 

From the county of Saint Clair, three representatives. 

From the county of Monroe, two representatives. 

From the county of Randolph, two representatives. 

From the county of Jackson, two representatives. 

From the county of Johnson, two representatives. 

From the county of Pope, two representatives. 

From the county of Gallatin, three representatives. 

From the county of WTiite, two representatives. 

From the county of Edwards, two representatives. 

From the county of Crawford, two representatives. 

From the county of Union^ two representatives. 

From the county of Washington, two representatives. 

And from the county of Franklin, two representatives. 

And the election for the representatives aforesaid shall be holden on 
the first Monday of July next, and the two following days, throughout 
the several counties in the said Territory, and shall be conducted in 
the same manner and under the same regulations as prescribed by the 
laws of the said Territory regulating elections therein for members of 
the house of representatives. 

Sec. 4. And he it further enacted, That the members of the conven- 
tion, thus duly elected, be, and they are hereby, authorized to meet at 
the seat of government of the said Territory, on the first Monday 
of the month of Au^st next, which convention, when met, shall first 
determine, by a majority of the whole number elected, whether it be 
or be not expedient at that time to form a constitution and State gov- 
ernment for the people within the said Territory, and, if it be expe- 
dient, the convention shall be, and hereby is, authorized to form a 
constitution and State government; or, ii it be deemed more expe- 
dient, the said convention shall provide by ordinance for electing 
representatives to form a constitution or frame of government ; which 
said representatives shall be chosen in such manner, and in such 
proportion, and shall meet at such time and place, as shall be pre- 
scribed by the said ordinance, and shall then form for the people of 
said Territory- a constitution and State government : Provided, That 
the same, whenever formed, shall be republican, and not repugnant to 



Illinois— 1818 969 

the ordinance of the thirteenth of July, seventeen hundred and 
eiffhty-seven, between the original States and the people and States 
of the territory northwest of the river Ohio; excepting so much of 
said articles as relate to the boundaries of the States therein to be 
formed: And provided alsOj That it shall appear, from the enumera- 
tion directed to be made by the legislature oi the said Territory, that 
there are within the proposed State not less than forty thousand 
inhabitants. 

Sec. 5. And be it further enacted^ That until the next general cen- 
sus shall be taken, the said State shall be entitled to one Kepresenta- 
tive in the House of Representatives of the United States. 

Sec. 6. And be it further enacted^ That the following propositions 
be, and the same are hereby, offered to the convention of the said Ter- 
ritory of Illinois, when formed, for their free acceptance or rejection, 
whicn, if accepted by the convention, shall be obligatory upon the 
United States and the said State. 

First That section numbered sixteen, in every township, and when 
such section has been sold or otherwise disposed of, other lands equiv- 
alent thereto, and as contiguous as may be, shall be granted to the 
State, for the use of the inhabitants of such township, for the use of 
schools. 

Second. That all salt springs within such State, and the land 
reserved for the use of the same, shall be granted to the said State, 
for the use of the said State, and the same to be used under such 
terms, and conditions, and regulations as the legislature of the said 
State shall direct : Provided^ The legislature shall never sell nor lease 
the same for a longer period than ten years at anv one time. 

Third. That five per cent, of the net proceeds of the lands lying 
within such State, and which shall be sold by Congress, from and 
after the first day of January, one thousand eight hundred and nine- 
teen, after deducting all expenses incident to the same, shall be 
reserved for the purposes following, viz: two-fifths to be disbursed, 
under the direction of Congress, in making roads leading to the 
State; the residue to be appropriated, by the legislature of the State, 
for the encouragement or learning, of which one-sixth part shall be 
exclusively bestowed on a college or university. 

Fourth. That thirty-six sections, or one entire township, which 
shall be designated by the President of the United States, together 
with the one heretofore reserved for that purpose, shall be reserved 
for the use of a seminary of learning, and vested in the legislature of 
the said State, to be appropriated solely to the use of such seminary 
by the said legislature: Provided always^ That the four foregoing 
propositions, herein offered, are on the conditions that the convention 
of the said State shall provide, by an ordinance iiTevocable without 
the consent of the United States, that every and each tract of land 
sold by the United States, from and after the first day of January, 
one thousand eight hundred and nineteen, shall remain exempt frorn 
any tax laid by order, or under any authority, of the State, whether 
for State, county, or township, or any other purpose whatever, for 
the term of five vears from and after the day of sale : And further ^ 
That the bounty-lands granted, or hereafter to be granted, for mili- 
tary services during the late war, shall, while they continue to be held 
by the patentees, or their heirs, remain exempt, as aforesaid, from all 



970 Illinois— 1818 

taxes, for the term of three years, from and after the date of the 
patents respectively ; and that all the lands belonging to the citizens 
of the United States, residing without the said State, shall never be 
taxed higher than lands belonging to persons residing therein. 

Sec. 7. And he it further enacted^ That all that part of the terri- 
tory of the United States lying north of the State of Indiana, and 
which was included in the former Indiana Territory, together with 
that part of the Illinois Territory which is situated north of and not 
included within the boundaries prescribed by this act to the State 
thereby authorized to be formed, shall be, and hereby is, attached to 
and made a part of the Michigan Territory, from and after the 
formation of the said State, subject, nevertheless, to be hereafter dis- 
posed of by Congress, according to the rig;ht reserved in the fifth 
article of the ordmance aforesaid; and the inhabitants therein shall 
be entitled to the same privileges and immunities, and subject to the 
same rules and regulations, in all respects, with the other citizens of 
the Michigan Territory. 

Approved, April 18, 1818. 

OKDHTANCE ACCEPTING THE ENABLING ACT— 1818 « 

Whereas the Congress of the United States, in the act entitled 
"An act to enable the people of the Illinois Territory to form a con- 
stitution and State government, and for the admission of such State 
into the Union on an equal footing with the original States," passed 
the 18th of April, 1818, have offered to this convention, for their 
free acceptance or rejection, the following propositions, which, if 
accepted by the convention, are to be obligatory upon the United 
States, viz : 

1. That section numbered 16 in every township, and, when such 
section has been sold or otherwise disposed of, other lands equivalent 
thereto and as contiguous as may be, shall be granted to the State for 
the use of the inhabitants of such township for the use of schools; 

2. That all salt springs within such State, and the lands reserved 
for the use of the same, shall be granted to the said State for the use 
of the said State, and the same to be used under such terms and condi- 
tions and regulations as the legislature of said State shall direct: 
Provided^ The legislature shall never sell nor lease the same for a 
longer period than ten years at any one time ; 

3. That five per cent, of the net proceeds of the lands lying within 
such State, and which shall be sold by Congress from and after the 
1st day of January, 1819, after deductmg all expenses incident to the 
same, shall be reserved for the purposes following, viz: Two-fifths 
to be disbursed under the direction of Congress, in making roads 
leading to the State; the residue to be appropriated by the legislature 
of the State for the encouragement of learning, of which one-sixth 
part shall be exclusively bestowed on a college or university; 

4. That thirty-six sections, or one entire township, which shall be 
designated by the President of the United States, together with the 
one heretofore reserved for that purpose, shall be reserved for the 

oAdoptod nt Kaskaskia, 20th August, 1818, by the convention which framed the 
first constitution of Illinois. 



Illinois— 1818 971 

use. of a seminary of learning, and vested in the legislature of the 
said State, to be appropriated solely to the use of such seminary by 
the said legislature ; 

And whereas the four foregoing propositions are offered on the 
condition that this convention shall provide by ordinance, irrevocably, 
without the consent of the United States, that every and each tract 
of land sold by the United States, from and after the 1st day of 
January, 1819, shall remain exempt from any tax laid by order or 
under the authority of the State, whether for State, county, or town- 
ship, or any other purpose whatever, for the term of five years from 
and after the day of sale. [See chapter 89, section 36, and note.] 
And further, that the bounty-lands granted, or hereafter to be 
granted, for military services during the late war, shall, while they 
continue to be held by the patentees or their heirs, remain exempt 
as aforesaid from all taxes for the term of three years from and after 
the date of the patents respectively ; and that all the lands belonging 
to the citizens of the United States residing without the said State 
shall never be taxed higher than lands belonging to persons residing 
therein : 

Therefore, this convention, on behalf of and by the authority of 
the people of the State, do accept of the foregoing propositions ; and 
do rurtner ordain and declare that every and each tract of land 
sold by the United States, from and after the 1st day of January, 
1819, shall remain exempt from any tax laid by order or under any 
authority of the State, whether for State, county, or township, or 
any purpose whatever, for the term of five years irom and after the 
day of sale; and that the bounty-lands granted, or hereafter to be 
granted, for military services during the late war, shall, while they 
continue to be held bv the patentees or their heirs, remain exempt, 
as aforesaid, from all taxes for the term of thi'ee years from and 
after the date of the patents respectively ; and that all the lands be- 
longing to the citizens of the United States, residing without the 
said State, shall never be taxed higher than lands belonging to 
persons residing therein. '*And this convention do further ordain 
and declare that the foregoing ordinance shall not be revoked with- 
out the consent of the United States. 



BESOLTTTION OF CONOBESS— 1818 

[Fifteenth Congress, Second Session] 
Resolution declaring the admission of the State of Illinois into the Union 

Resolved hy the Senate and House of Representatives of the United 
States of AmeHca in Congress assembled^ That whereas, m pursuance 
of an act of Congress passed on the eighteenth day of April, one 
thousand eight hundred and eighteen, entitled "An act to enable the 
people of the Illinois Territory to form a constitution and State gov- 
ernment, and for the admission of such State into the Union, on an 
equal footing with the original States," the people of said Territory 
did, on the twenty-sixth day of August, in the present year, by a 
convention called for that purpose, form for themselves a constitution 
and State government, which constitution and State government, so 

7252— VOL 2—07 7 



972 Illinois— 1818 

formed, is republican, and in conformity to the principles of the arti- 
cles of compact between the original States and the people and States 
in the territory northwest of the river Ohio, passed on the thirteenth 
day of July, one thousand seven hundred and eighty-seven : 

nesolvea hy the Senate and House of Representatives of the United 
States of America in Congress assembled^ That the State of Illinois 
shall be one, and is hereby declared to be one, of the United States of 
America, and admitted into the Union on an equal footing with the 
original States, in all respects whatever. 

Approved, December 3, 1818. 



CONSTITUTION OF ILLINOIS— 1818 ♦ « 

The people of the Illinois Territory, having the right of admission 
into the General Government as a member of the Union, consistent 
with the Constitution of the United States, the ordinance of Congress 
of 1787, and the law of Congress approved April 18, 1818, entitled 
"An act to enable the people of the Illinois Territory to form a con- 
stitution and State government, and for the admission of such State 
into the Union, on an equal footing with the original States, and for 
other purposes," in order to estamish justice, promote the welfare, 
and secure the blessings of liberty to themselves and their posterity, 
do, by their representatives in convention, ordain and establish the 
following constitution or form of government ; and do mutually agree 
wuth each other to form themselves into a free and independent State, 
by the name of the State of Illinois. And they do hereby ratify the 
boundaries assigned to such State by the act of Congress aforesaid, 
which are as follows, to wit : Beginning at the mouth of the Wabash 
River; thence up the same and with the line of Indiana to the north- 
west corner of said State ; thence east with the line of the same State 
to the middle of Lake Michigan; thence north, along the middle of 
said lake, to north latitude forty-two degrees and thirty minutes; 
thence west to the middle of the Mississippi River; and thence down 
along the middle of that river to its confluence with the Ohio River; 
and thence up the latter river, along its northwestern shore, to the 
beginning. 

Article I 

Section 1. The powers of the government of the State of Illinois 
shall be divided into three distinct departments, and each of them be 
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 judiciary, to another. 

Sec. 2. No person or collection of persons being one of those depart- 
ments shall exercise any power properly belonging to either or the 
others, except as hereinafter expressly directed or permitted. 

♦ Verified from text in Vol. II, pp. 188&-1892, of " Debates and Proceedings " of 
CJonstitutlonal Convention of 1809. See note to constitution of 1870. 

o Tills constitution was framed by a convention which met Aujfust 1. 1818, and 
completed its labors August 2G, 1818. It was not submitted to the people. 



IUinois—1818 973 

Article II 

Section 1. The legislative authority of this State shall be vested 
in a general assembly, which shall consist in a senate and house of 
representatives, both to be elected by the people. 

Sec. 2. The first election for senators and representatives shall com- 
mence on the third Thursdav of September next, and continue for 
that and the two succeeding days; and the next election shall be held 
on the first Monday in August, 1820 ; and forever after elections shall 
be held once in two years, on the first Monday of August, in each and 
every county, at such places therein as may b>e provided by law. 

Sec. 3. No person shall be a representative who shall not have 
attained the age of twenty-one years; who shall not be a citizen of 
the United States, and an inhabitant of this State; who shall not 
have resided within the limits of the countv or district in which he 
fehall be chosen twelve months next preceding his election, if such 
county or district shall have been so long erected; but if not, then 
within the limits of the county or counties, district or districts, out 
of which the same shall have been taken, unless he shall have been 
absent on the public business of the United States or of this State, 
and who, moreover, shall not have paid a State or county tax. 

Sec. 4. The senators, at their first session herein provided for, shall 
be divided by lot from their respective counties or aistricts, as near as 
can be, into two classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year, and those of the 
second class at the expiration of the fourth year, so that one-half 
thereof, as near as possible, may be biennially chosen forever there- 
after. 

Sec. 5. The number of senators and representatives shall, at the 
first session of the general assembly holden after the returns herein 
provided for are made, be fixed by the general assemblv, and appor- 
tioned among the several counties or districts to be established by law, 
according to the number of white inhabitants. The number of repre- 
sentatives shall not be less than twenty-seven, nor more than thirty- 
six, until the number of inhabitants within this State shall amount 
to one hundred thousand; and the number of senators shall never be 
less than one-third nor more than one-half of the number of repre- 
sentatives. 

Sec 6. No person shall be a senator who has not arrived at the age 
of twenty-five years, who shall not be a citizen of the United States, 
and who shall not have resided one year in the county or district in 
which he shall be chosen immediately preceding his election, if such 
county or district shall have been so Jong erected; but if not, then 
within the limits of the county or counties, district or districts, out 
of which the same shall have been taken, unless he shall have been 
absent on the public business of the United States or of this State, 
and shall not, moreover, have paid a State or county tax. 

Sec. 7. The senate and house of representatives, when assembled, 
shall each choose a speaker and other officers, (the speaker of the 
senate excepted.) Each house shall judge of the quahfications and 
elections of its members, and sit upon its own adjournments. Two- 
thirds of each house shall constitute a quorum, but a smaller number 



974 Illinois— 1818 

may adjourn from day to day, and compel the attendance of absent 
members. 

Sec. 8. Each house shall keep a journal of its proceedings and pub- 
lish them. The yeas and nays of the members on any question shall, 
at the desire of any two of them, be entered oh the journals. 

Sec. 9. Any two members of either house shall have liberty to dis- 
sent and protest against any act or resolution which they may think 
injurious to the public, or to any individual, and have the reasons of 
their dissent entered on the journals. 

Sec. 10. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member, but not a second time for the same 
cause. 

Sec. 11. When vacancies happen in either house, the governor, or 
the person exercising the powers of governor, shall issue writs of elec- 
tion to fill such vacancies. 

Sec. 12. Senators and representatives shall in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during 
the session of the general assembly, and in going to or returning from 
the same ; and for any speech or debate in either house they shall not 
l)e questioned in any other place. 

Sec. 13. Each house may* punish, by imprisonment during its 
session, any person not a member who shall be guilty of disrespect to 
the house, by any disorderly or contemptuous behavior in their 
presence; provided such imprisonment shall not at any one time 
exceed twenty-four hours. 

Sec 14. The doors of each house and of committees of the whole 
shall be kept open, except in such cases as in the opinion of the house 
require secrecy. Neither house shall, without* the consent of the 
other, adjourn for more than two days, nor to any other place than 
that in which the two houses shall be sitting. 

Sec. 15. Bills may originate in either house, but may be altered, 
amended, or rejected by the other. 

Sec 16. Every bill shall be read on three different days in each 
house, unless, in case of urgency, three-fourths of the house where 
such bill is so depending shall deem it expedient to dispense with this 
rule; and every bill having passed both nouses shall be signed by the 
speakers of the respective houses. 

Sec 17. The stvle of the laws of this State shall be, " Be it enacted 
hy the people of the State of Illinois^ represented in the general 
assembly,'*'^ 

Sec 18. The general assembly of this State shall not allow the fol- 
lowing oflScers or government greater or smaller annual salaries than 
as follows, until the year 1824: The governor, $1,000; and the secre- 
tary of state, $600. 

Sec 19. No senator or representative shall, during the time for 
which he shall have been elected, be appointed to any civil office under 
this State, which shall have been created, or the emoluments of which 
shall have been increased, during such time. 

Sec 20. No monej^ shall be drawn from the treasury but in conse- 
quence of appropriations made by law. 

Sec 21. An accurate statement of the receipts and expenditures of 
the public money shall be attached to and published with the laws, at 
tlie rising of each session of the general assembly. 



. Illinois— 1818 975 

Sec. 22. The house of representative's shall have the sole power of 
impeaching, but a majority of all the members present must concur 
in an impeachment. All impeachments shall be tried by the senate, 
and when sitting for that purpose the senators shall be upon oath or 
affirmation to do justice according to law and evidence. No person 
shall be convicted without the concurrence of two-thirds of all the 
senators present. 

Sec. 23. The gover^ior, and all other civil officers under this State, 
shall