Constitution of 1868:

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CONSTITUTION

of the

STATE OF FLORIDA

Adopted February 25, 1868.

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PREAMBLE

We, the people of the State of Florida, grateful to Almighty God for our freedom, in order to secure its blessings and form a more perfect government, insuring domestic tranquility, maintaining public order, perpetuating liberty and guaranteeing equal civil and political rights to all, do establish this Constitution.

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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.

Section 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of its citizens, and they have the right to alter or amend 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.

Section 3. The right of trial by jury shall be secured to all and remain inviolate forever; but in all civil cases a jury trial may be waived by the parties in the manner to be prescribed by law.

Section 4. The free 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 so construed as to justify licentiousness or practices subversive of the peace and safety of the State.

Section 5. 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.

Section 6. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained.

Section 7. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident, or the  presumption great.

Section 8. 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, under the regulation of the Legislature, unless on presentment and indictment by a grand jury; and in any trial, by any court, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense, nor shall 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; nor shall private property be taken without just compensation.

Section 9. 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 libelous is true, but was published for good motives, the party shall be acquitted or exonerated.

Section 10. 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 or grievance.

Section 11. All laws of a general nature shall have a uniform operation.

Section 12. The military shall be subordinate to the civil power.

Section 13. No soldier shall, in time of peace, be quartered in any house, except with the consent of the owner, nor in time of war, except in manner prescribed by law.

Section 14. Representation shall be apportioned according to population, as well as may be, but no county shall have more then four representatives, or less than one representative, in the Assembly.



Section 15. No person shall be imprisoned for debt, except in case of fraud.

Section 16. No bill of attainder, or ex post facto law, or law impairing the obligations of contracts, shall ever be passed.

Section 17. Foreigners who are or who may hereafter become bona fide residents of the State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens.

Section 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

Section 19. The rights 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 in 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.

Section 20. 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 unless on the testimony of two witnesses to the same overt act, or confession in open court.

Section 21. 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.

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

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

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

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