shall determine that it is necessary to cause a revision of this entire Constitution, such determination shall be entered upon 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 to 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 of calling a Convention, the Legislature shall, at its next session, 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. Art. 17, Const. of 1868. HORATIO JENKINS, JR., President. Done in open Convention. In witness whereof, we, the undersigned, President of said Convention and delegates present, representing the people of the State of Florida, do hereby sign our names this, the twenty-fifth day of February, Anno Domini one thousand eight hundred and sixty-eight, and of the independence of the United States of America the ninety-second year-and the Secretary of said Convention doth countersign the same. HORATIO JENKINS, JR., President. Countersigned by SHERMAN CONANT, Secretary. J. E. A. Davidson, M. L. Stearns, Fred. Hill, J. W. Childs, 0. B. Armstrong, N. C. Dennett, L. C. Armistead, E. Fortune, [*The compiler of this Constitution at first inserted all of the amendments of 1871 into the appropriate articles and sections. The revisor thought it proper to omit them except when they specifically abrogated an article or section, and to incorporate as an appendix to this Constitution all of the amendments of 1871 and 1875. This was proposed because the amendments of 1871, where they make a change, do not specify the article and setion amended. The amendments of 1871 to the Constitution have been recognized by the Executive, Judie al and Legislative departments of the State as a part of the Constitution ever since their adoption.] ORDINANCES. SEC. 1. The ordinance adopted by the people assembled on the 10th day of January, A. D. 1861, and known as the Ordinance of Secession, is hereby declared null and void. Ordinance declaring Ordinance of Secession null and void. ORDINANCE OF SECESSION. SEC. 2. We, the People of the State of Florida, in Convention assembled, do solemnly ordain, publish and declare, That the State of Florida hereby withdraws herself from the Confederacy of States existing under the name of the United States of America, and from the existing government of said States; and that all political connection between her and the government of said States ought to be, and the same is hereby totally annulled and said Union of States dissolved, and the State of Florida is hereby declared a sovereign and independent Nation; and that all ordinances heretofore adopted, in so far as they create or recognize said Union, are rescinded, and all laws or parts of laws in force in this State, in so far as they recognize or assent to said Union, be, and they are hereby repealed. Done in open Convention, January 10th, 1861. SEC. 3. All suits heretofore commenced in any of the Civil Courts of this State during the war between the United States and the so-called Confederate States, and any and all judgments, orders, or decrees of said courts, rendered or entered up against any person or persons, any one of whom at the commencement of said suit, or during the pending thereof, was beyond the reach and jurisdiction of said courts by reason of the war between the United States and the so-called Confederate States, are hereby declared to be null and void, and of no effect whatever, and all writs, executions, and sales founded on said judgments are also hereby declared void; Provided, That nothing in this ordinance shall be construed to prevent the plaintiffs in such cases from commencing their suits anew. Ordinance in relation to certain suits and judgments. ordinances, inconsistent SEC. 4. All ordinances and resolutions heretofore passed by Ordinance any Convention of the people of this State, and all acts and repealing all resolutions of the General Assembly of this State, conflicting acts, &c... or inconsistent with the Constitution of the United States and with the Conof the State of Florida, and in derogation of the existence or stitution of position of this State as one of the United States of America, be and the same are hereby repealed. the U. S. declared valid. reimbursed. SEC. 5. That all lawful and regular acts of the several Exec- Certain acts utive, Judicial and Municipal officers of this State, since the 10th day of January, A. D. 1861, be and the same are hereby declared to be in all respects regular, valid and justifiable. SEC. 6. That it shall be the duty of the General Assembly Certain perto make provision whereby persons who held offices under sons to be the United States in this State, on or before the 10th day of January, A. D. 1861, may be reimbursed or held without damage for monies, or other property in their possession, belonging to the Government of the United States, and which were by them turned over or paid to the Treasury or Government of the State. legal. SEC. 7. That all marriages to which there was no legal im- Certain marpediment, solemnized in this State, since the 10th day of Jan-riages made uary, A. D. 1861, by an ordained Minister of the Gospel, Justice of the Peace, Judicial officer of this State, Notary Public, or commissioned officer in the army or navy of the United States, shall be, and the same are hereby declared to be legal and binding, to all intents and purposes whatsoever. Sections 4, 5, 6 and 7, Ordinances adopted by Convention November 4, 1865. SEC. 8. All State Treasury Notes issued, and all other liabil- Ordinance ities contracted by the State of Florida, on or after the 10th State Treasury relating to day of January, A. D. 1861, to the 25th day of October, A. D. notes. 1865, except such liabilities as may be due to the seminary and school funds, and such other liabilities as are provided for by this Constitution, be and are declared void, and the General Assembly shall have no power to provide for the payment of the same or any part thereof. Ordinance adopted by Convention, November 6, 1865. State liabilities. SEC. 9. The ordinance in relation to State Liabilities and Ordinance Treasury Notes, shall not be so construed to invalidate, im- in relation to pair, or make void any bona fide contract or liability of the State of Florida, incurred or undertaken prior to the date of the ordinance of secession: Provided, That this ordinance shall not apply to any claims which have heretofore been declared fraudulent or have been rejected by the State. Ordinance a lopted by Convention, November 7, 1855. mitting Consti SEC. 10. Be it ordained by the people of the State of Florida in Convention assembled, That the Constitution framed by this Ordinance subConvention and signed on the 25th day of February, A. D. tution of 1868 1868, be and the same is hereby submitted for ratification to of the State. to the people Election shall ant-Governor, the persons registered and to be registered under the provisions of the several acts of Congress, entitled An act to Provide for the more Efficient Government of the Rebel States, passed March 2d, 1867; An act supplementary to an act entitled An act to Provide for the more Efficient Government of the Rebel States, passed March 2d. 1867, and to facilitate restoration; An act supplementary to an act entitled An act to Provide for the more Efficient Government of the Rebel States, passed on the 2d day of March, 1867; and the act supplementary thereto, passed on the 23d day of March, at an election to be conducted according to the provisions of the said acts of Congress. Be it further ordained, That an election shall be held in the various counties of this State on the first Monday, Tuesday, and Wednesday of May, A. D. 1868, for the purpose be held for Gov- of voting on the ratification of the Constitution framed by this ernor, Lieuten- Convention, and for the election of a Governor, Lieutenantand other off Governor, one member of Congress, State Senators and Representatives, and county officers; and that the judges or inspectors of election appointed, or to be appointed, by the Commanding General of the Third Military District, to conduct and supervise the election for ratification, as provided in the several aforesaid acts of Congress, shall also conduct and supervise the election for said officers. cers. Be it further ordained, That at each place of voting, beBallot-boxes to side the ballot-box provided by the said judges of election tobe provided. receive the ballots for and against ratification, the said judges shall provide a separate ballot-box for the reception of ballots for Governor, Lieutenant-Governor, member of Congress, State Senators and Representatives, and county officers, and that a separate poll-list shall be prepared by said judges of election of all persons qualified to vote for said officers; and all persons qualified to vote under the provisions of the Constitution shall be allowed to vote for said officers. Vote to be transmitted. vassers. Be it further ordained, That the vote for Governor, Lieutenant-Governor, member of Congress, State Senators and Representatives, and county officers, shall be securely enveloped and sealed by the judges of election, and transmitted by prompt and safe conveyance to the city of Tallahassee, and deBoard of Can-livered to a Board of Canvassers of three persons hereby appointed and authorized, to wit: Hon. Horatio Jenkins, Jr., President of the Constitutional Convention; Auburn Erwin, of Columbia county, and O. Morgan, of Leon county, within thirty days after said election; and the said Board of Canvassers shall meet at Tallahassee within ten days after said election and canvass the votes for said officers; and the said Board of Canvassers shall issue the certificates of election under their hands and seals; and the said Board of Canvassers shall make public proclamation of said returns in at least three of the newspapers published in this State, showing what persons shall have been elected to said offices Duties. severally; and thereupon the Governor of the State, and the Lieutenant-Governor thereof elected, shall assemble at the Capitol and be sworn into office by the Judge of the District Court of the United States, or in his absence by any person authorized by the laws of the United States to administer oaths. Be it further ordained, That a public notice containing this This ordinance to be published. ordinance, signed by the President and Secretary of this Convention, shall be issued on the day after the final adjournment of this Convention, and shall be published in at least three of the newspapers in this State. of officers of Be it further ordained, That the persons who shall act as Compensation judges or inspectors of election, together with one clerk in elections. each county, to be by them appointed, shall each receive five dollars per day for their services in conducting, supervising, and making out the returns of the election for said officers, and the Legislature at its first session shall provide by law for the payment of the expenses to be incurred thereby, and for any and all expenses incurred under and by virtue of the provisions of this ordinance. Ordinances adopted by Convention February 24, 1868. contracts made SEC. 11. In all proceedings in the courts of this State Ordinance in founded upon a contract or contracts made and entered into reference to during the late war between the United States and the late during the war. Confederate States, the courts are hereby authorized to admit testimony as to the value of the property or consideration contemplated by the parties to said contracts, and to instruct the jury to find accordingly, provided that the defendant shall allege by plea under oath, and prove to the satisfaction of the jury, that the currency contemplated in the payment of said contract or contracts was Confederate or State Treasury notes, or upon what basis the consideration, or the value of the property or its use, which was estimated at the time of the formation of said contract or contracts. SEC. 12. Executors, administrators, trustees, and guardians Executors, &c., are hereby authorized by and with the approval of the Probate authorized to compromise Court, to compromise with persons against whom they hold certain claims. notes or claims made during the war aforesaid, upon the basis of the real value of the property or consideration for which said notes were given, or upon which said claims were founded. Secs. 1 and 2 of Ordinance of Convention adopted Nov. 7, 1885. SEC. 13. WHEREAS, The Congress of the United States adopted a joint resolution submitting to the Legislatures of the several States a proposition to amend the Constitution of the United States, which said joint resolutions are as follows: Joint resolution ratifying XIII. Resolved by the Senate and House of Representatives of the Amendment to United States of America in Congress assembled, (two-thirds United States. of both Houses concurring.) That the following article be pro Constitution of |