Constitution of 1865

In October 1865, delegates convened to reestablish Florida as part of the United States by revoking the state’s Ordinance of Secession and passing a new state constitution. The state remained under martial law, however, and Congress refused to seat legislators from the former Confederate states until more stringent requirements were met. Florida ultimately scrapped the Constitution of 1865 in favor of a new version created in 1868.

Constitution of 1865


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, except by special act of the Legislature; but the Legislature shall never unite in the same person two offices, the duties of which are incompatible.

Section 15. The General Assembly shall, by law, provide for the appointment or election, and removal from office, of all officers, civil and military, in this state, not provided for in this Constitution.

Section 16. The power of impeachment shall be vested in the House of Representatives.

Section 17. All impeachments shall be tried by the Senate; when sitting 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.

Section 18. The Governor and all civil officers shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification 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.