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Constitution
of 1885: CONSTITUTION
Adopted
by the CONVENTION
OF 1885 __________
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, maintaining public order, and guaranteeing equal civil
and political rights to all, do ordain and establish this Constitution. __________
DECLARATION
OF RIGHTS. Section
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 safety.
Section
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 good 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. Section
3. The right
of trial by jury shall be secured to all, and remain inviolate forever. Section
4. All courts
in the State shall be open, so that every person for any injury done him 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. Section
5. 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 Section
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.
Section
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. Section
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. Section
9. All persons
shall be bailable by sufficient sureties, except for capital offenses, where
the proof is evident or the presumption great. Section
10. No person
shall be tried for a capital crime or other felony, unless on presentment or
indictment by grand jury, except as is otherwise provided in this Constitution,
and except in cases of impeachment, 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. Section
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. Section
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. Section
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 libelous is true, and was published
for good motives, the party shall be acquitted or exonerated. Section
14. No person
shall be compelled to pay costs except after conviction, on a final trial. Section
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. Section
16. No person
shall be imprisoned for debts except in cases of fraud. Section
17. No bill of
attainder, ex post facto law, nor any law impairing the obligation of
contracts, shall ever be passed. Section
18. Foreigners
shall have the same rights as to the ownership, inheritance and disposition
of property in this State as citizens of the State. Section
19. Neither slavery
nor involuntary servitude, except as a punishment for crime, whereof the party
has been duly convicted, shall ever be allowed in this State. Section
20. The right
of the people to bear arms in defense of themselves and the lawful authority
of the State, shall not be infringed, but the Legislature may prescribe the
manner in which they may be borne. Section
21. The military
shall in all cases and at all times be in strict subordination to the civil
power. Section
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. Section
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 witnesses to the same overt act, or confession
in open court, and no conviction for treason shall work corruption of blood
or forfeiture of estate. Section
24. This enunciation
of rights shall not be construed to impair or deny others retained by the people.
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