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


the credibility of the testimony.

Section 3. The Jurors of this State shall be white men, possessed of such qualifications as may be prescribed by law.

Section 4. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his confession in open court.

Section 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a court, as shall be prescribed by law.

Section 6. The General Assembly shall declare by law what parts of the common law, and what parts of the civil law, not inconsistent with this Constitution, shall be in force in this State.

Section 7. The oaths of officers directed to be taken under this Constitution, may be administered by any judge, or justice of the peace, in the State of Florida, until otherwise provided by law.