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ARTICLE XVI. Miscellaneous. Section 1. Any person debarred from holding office in the State of Florida
by the third section [Section 3] of the fourteenth Article [Article XIV] of
the proposed amendment to the Constitution of the United States, which is as
follows: "No person shall be a Senator or Representative in Congress, 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 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 Constitution of the United States, shall have engaged in insurrection
or rebellion against the same, or given aid and comfort to the enemies thereof.
But Congress may, by a vote of two-thirds [of each House,] remove such disability,"
is 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 in all respects to the
rights of citizenship as herein provided for electors. Section 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 of October, A. D. 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 provisions 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.
Section 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 Rosa, 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. Section 4. The salary of the Governor of the State shall be five thousand
dollars per annum; that of the Chief Justice shall be four thousand five hundred
dollars; that of each Associate Justice shall be four thousand dollars; that
of each Judge of the Circuit Court shall be three thousand five hundred dollars;
that of the Lieutenant Governor shall be two thousand five hundred dollars;
that of each Cabinet Officer shall be three thousand Section 5. The Legislature shall appropriate two thousand dollars each
year for the purchase of such books for the Supreme Court Library as the said
Court shall direct. Section 6. The salary of each officer shall be payable quarterly upon
his own requisition. Section 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 Legislature. Such members shall be
elected by the members of their tribe, in the manner 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. Section 8. The Legislature may, at any time, impose such tax on the
Indians as it may deem proper; and such imposition of tax shall constitute the
Indians citizens, and they shall thenforward be entitled to all the privileges
of other citizens, and thereafter be barred of special representation. Section 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, malfeassance in office, gambling, or any conduct
detrimental to good morals, shall be considered sufficient cause for impeachment
and conviction. Any officer when impeached by the Assembly shall be deemed under
arrest, and shall be disqualifed from performing any of the duties of his office
until acquittal by the Senate. But any officer so impeached and in arrest may
demand his trial by the Senate within one year from the date of his impeachment.
Section 10. The following shall be the oath of office for each officer
in the State, including members of the Legislature: "I do solemnly swear that
I will support, protect, and defend the Constitution and government 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 well and faithfully
perform all the duties of the office of __________, on which I am about to enter.
So help me God." Section 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. Section 12. All county officers shall hold their respective offices
at the county seats of their counties. Section 13. The Legislature shall provide for the speedy publication
of all statutes and laws of a general nature. All decisions of the Section 14. The Legislature shall not create any office, the term of
which shall be longer than four years. Section 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 place; but in such case of 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. Section 16. A plurality of votes given at any election by the people
shall constitute a choice when not otherwise provided by this Constitution.
Section 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 installation of their successors,
excepting the members of the Legislature. Section 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. Section 19. If, at the meeting of the senate at any session, the Lieutenant
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. Section 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, announce that said seal has become
the Great Seal of the State. Section 21. The Governor, Lieutenant Governor, and all the State officers
elected by the people, shall be installed on the first day of the meeting of
the Legislature, and immediately assume the duties of their respective offices.
Section 22. The Governor and Lieutenant Governor, shall have been, before
their election to office, nine years citizens of the United States, and three
years citizens of the State. All other officers shall have been one year citizens
of the State, and six months citizens of the county from which they are elected
or appointed. No person shall be eligible to any office unless he be a registered
voter. Section 23. The Governor, or any State officer, is hereby prohibited
from giving certificates of election or other credentials to any person as having
been 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. Section 24. The property of all corporations, whether heretofore or hereafter incorporated, shall be subject to taxation, unless such corporation be for religious, educational, or charitable purposes. Section 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 or notes of the Confederate States, are hereby declared null and
void, and no action shall be maintained thereon in the courts of this State.
Section 26. It shall be the duty 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 warranty
of title or soundness, or both upon all bills, bonds, notes, or other evidences
of debt, given for or in consideration of slaves, which are now outstanding
and unpaid, and no action shall be maintained thereon; and all judgments and
decrees rendered in any of the courts of this State since the 10th day of January,
A. D. 1861, 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 defense in all actions to said suit; and when money was due previous to
the 10th day of January, A. D. 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 compromises of such transactions made
by the parties thereto shall be respected. Section 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, in the State of Florida, subsequent to the 10th day of January,
A. D. 1861, and prior to the first day of May, A. D. 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. 1860, 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 certificates of indebtedness, redeemable
in State lands. 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 testimony shall be sufficient to establish the fact of a sale having been
made. Section 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 persons on
account of race, color or previous condition of servitude, to vote or hold any
office, beyond the conditions prescribed by this Constitution. Section 29. The apportionment for the Assembly shall be as follows: Escambia two, Santa Rosa one, Walton one, Holmes one, Washington one, Jackson three, Calhoun one, Gadsden two, Franklin one, Liberty one, Wakulla one, Leon four, Jefferson three, Madison two, Taylor one, Hamilton one, Suwannee one, Lafayette one, Alachua two, Columbia two, Baker one, Bradford one, Nassau one, Duval two, Clay one, St. Johns 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, which shall be as follows, and shall be known by their respective numbers, from one to twenty-four inclusive: The first Senatorial District shall be composed of Section 30. No person shall ever be appointed as a judge of the Supreme
Court or Circuit Court, who is not twenty-five years of age, and a practicing
attorney in this State. Section 31. 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.
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