« ForrigeFortsett »
be hereafter passed by the governor and legislative council of the Territory of Florida, not repugnant to the provisions of this constitution, shall continue in force until, by operation of their provisions or limitations, the same shall cease to be in force, or until the general assembly of this state shall alter or repeal the same; and all writs, actions, prosecutions, judgments, and contracts, shall be and continue unimpaired; and all processes which have heretofore issued, or which may be issued prior to the last day of the first session of the general assembly of this state, shall be as valid as if issued in the name of the state; and nothing in this constitution shall impair the obligation of contracts, or violate vested rights, either of individuals or of associations claiming to exercise corporate privileges in this state.
2. All fines, penalties, forfeitures, obligations, and escheats, accruing to the Territory of Florida, shall accrue to the use of the State of Florida.
3. All recognizances heretofore taken, or which may be taken before the organization of the judicial department under this constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the state; and all bonds executed to the governor of the Territory of Florida, or to any other officer in his official capacity, shall pass over to the governor or other proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all criminal prosecutions and penal actions which have arisen, or which may arise before the organi zation of the judicial department under this constitution, and which shall then be depending, may be prosecuted to judgment and execution in the name of the state.
4. All officers, civil and military, now holding their offices and appointments in the Territory under the authority of the United Slates, or under the authority of the Territory, shall continue to hold and exercise their respective offices and appointments until superseded under this constitution ; and all actions at law or suits in chancery, or any proceeding pending, or which may be pending, in any court of the Territory of Florida, may be commenced in, or transferred to, such court of the state as may have jurisdiction of the subject matter thereof.
5. This constitution shall be submitted to the people for ratification at the election for delegates on the first Monday of May next. Each qualified voter shall express his assent or dissent to the constitution, by directing the managers of said election to write opposite to his name on the poll-book, either the words "constitution.'' or "no constitution." And in case the time of election for delegate be changed to any other day than the first Monday of May next, then the judges or clerks of the county courts, respectively, shall appoint managers to hold an election on the said first Monday of May, for ratification of the constitution; and said managers shall conduct said election in the manner provided by the laws of the Territory respecting elections, and make return of the result of such vote forthwith, by depositing the original poll-book in the clerk's office of their counties respectively, and by transmitting a certificate of the result to the president of the convention, who shall forthwith make proclamation of the same; and in case the constitution be ratified by the people, and immediately after official information shall have been received that Congress have approved the constitution and provided for the admission of Florida, the president of this convention shall issue writs of election to the proper officers in the different counties, enjoining them to cause an election to be held for governor, representative in Congress, and members of the general assembly, in each of their respective counties. The election shall be held on the first Monday after the lapse of sixty days following the day of the date of the president's proclamation, and shall take place on the same day throughout the state. The said election shall be conducted according to the then existing election laws of the Territory of Florida: provided, however, that in case of the absence or disability of the president of the convention to cause the said election to be carried into effect, the secretary of this convention shall discharge the duties hereby imposed upon the president; and, in case of the absence or disability of the secretary, a committee consisting of five, to wit: Leigh Reed, George T. Ward, James D. Westcott, jr., Thomas Brown, and Leslie A. Thompson, or a majority of them, shall discharge the duties herein imposed on the secretary of the convention ; and the members of the general assembly, so selected, shall assemble on the fourth Monday
thereafter, at the seat of government. The governor, representative in Congress, and members of the general assembly, shall enter upon the duties of their respective offices immediately after their election under the provisions of this constitution, and shall continue in office in the same manner, and during the same period, they would have done had they been elected on the first Monday in October.
6. The general assembly shall have power, by the votes of two-thirds, of both houses, to accede to such propositions as may be made by the Congress of the United States upon the admission of the state of Florida into the national confederacy and union, if they shall be deemed reasonable and just, and to make declaration of such assent, by law; and such declaration, when made, shall be binding upon the people and the state of Florida as a compact; and the governor of the state of Florida shall notify the president of the United States of the acts of the general assembly relating thereto; and, in case of declining to accede to such propositions, or any part thereof, the general assembly shall instruct the senators and representative of the state of Florida in Congress to procure such modification or alteration thereof as may be deemed reasonable and just, and assent thereto, subject to the ratification of the general assembly, by law, as aforesaid.
7. The courts of this state shall never entertain jurisdiction of any grants of land in the Floridas made by the King of Spain, or by his authority, subsequent to the twenty-fourth day of January, eighteen hundred and eighteen; nor shall the said courts receive as evidence, in any case, certain grants said to have been made by the said King of Spain in favor of the Duke of Alagon, the Count Punon Rostro, and Don Pedro de Vargas, or any title derived from either of said grants, unless with the express assent of the Congress of the United States.
Done in convention, held in pursuance of an act of the governor and legislative council of the Territory of Florida, entitled, " An act to call a convention for the purpose of organizing a state government," passed thirtieth day of January, eighteen hundred and thirty-eight, and approved second February, eighteen hundred and thirty-eight.
In witness whereof, the undersigned, the president of said convention, and delegates representing the people of Florida, do hereunto sign our names, this eleventh day of January, anno Domini eighteen hundred and thirty-nine, and of the independence of the United States of America the sixty-third year; and the secretary of said convention doth countersign the same.
ROBERT RAYMOND RE1D, President.
James D. Westcott, Jr.,
I certify that the foregoing is a true copy from the original.
E. Carrington Cabell,
CONSTITUTION OF THE STATE OF TEXAS,
ADOPTED IN CONVENTION, AT THE CITY OF AUSTIN, 1840.
We, the people of the republic of Texas, acknowledging with gratitude the grace and beneficence of God in permitting us to make a choice of our form of government, do, in accordance with the provisions of the joint resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this constitution.
Bill of Rights. That the general, great, and essential principles of liberty and
free government may be recognized and established, we
Sec 1. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the unalienable right to alter, reform, or abolish their form of government, in such manner as they may think expedient.
Sec 2. All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive, separate, public emoluments or privileges, but in consideration of public services.
Sec 3. No religious test shall ever be required as a qualification to any office or public trust in this state.
Sec 4. All men have a natural and indefeasible right to worship God according to the dictates of their own consciences; no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; no human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no