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-!& All elections by the General Assembly shall be by joint ballot of both branches of the Legislature; and when the Senate and House of Representatives unite for the purpose of electing, they shall meet in the representative chamber, and the President of the Senate shall in such case preside, receive the ballots, and declare the person or persons elected. In all elections by the people, the electors shall vote viva voce, until the Legislature shall otherwise direct.
3. The general officers of the militia shall be elected by the General Assembly, and shall be commissioned by the Governor. All other officers of the militia shall be elected in such manner as the Legislature may direct, and shall be commissioned by the Governor; and all militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions during their usual residence within the division, brigade, regiment, battalion, or company to which they belong, unless removed by sentence of a courtmartial, or by the Governor, on the address of two-thirds of each branch of the General Assembly.
4. All persons appointed by the Legislature to fill vacancies shall continue in office only so long as to complete the time for which their predecessors were appointed.
5. Freedom of the press, and trial by jury, as heretofore used in this State, shall remain inviolate; and no ex post facto law shall be passed.
6. No person who heretofore hath been, or hereafter may be, a collector, or holder of public moneys, shall be eligible to any office in this State, until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.
7. The person of a debtor, where there is not a strong presumption of fraud, shall not be detained in prison after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law.
8. Convictions on impeachments which have heretofore taken place, are hereby released, and persons lying under such convictions restored to citizenship.
g. The writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
10. No person within the State shall, upon any pretence, be deprived of the inestimable privilege of worshiping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to hi? own faith and judgment; nor shall he ever be obliged to pay tithes, taxes, or any other rate for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious soeiety shall ever be established in this State, in preference to any other; nor shall any person be denied the enjoyment of any civil right, merely on account of his religious principles.
11. There shall be no future importation of slaves into this State, elected annually; and a part of the seventh section of the first artiole is in the following words: The representatives shall be chosen annually; and a part of the twelfth section of the first article is in the following words: The meeting of the General Assembly shall be annually , and whereas a part of the third section of the third article is in the following words: There shall be a State's Attorney and Solicitor appointed by the Legislature and commissioned by the Governor, who shall hold their offices for the term of three years; and a part of the fifteenth section of the fourth article is in the following words: The same shall be published at least six months previous to the next ensuing annual election for members of the General Assembly; and whereas the before-recited clauses require amendments.
Sec. 1. Be it enacted, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, by the authority of the same, that, so soon as this act shall have passed, agreeably to the requisitions of the Constitution, the following shall be adopted in lieu of the foregoing clauses: In the third section of the first article, the following, to wit: The Senate shall be elected biennially, after the passage of this act—the first election to take place on the first Monday in 1843. In lieu of the seventh section of the first article, the following: The representatives shall be elected biennially, after the passing of this act—the first election to take place the first Monday in October, eighteen hundred and forty-three; and in lieu of the clause in the twelfth section in the first article, the following: The meeting of the General Assemby shall be biennially, after the passage of this act, on the first Monday in November; and in lieu of the clause in the third section of the third article, the following, to wit: There shall be a State Attorney and Solicitor elected by the Legislature, who shall hold their office for the term of four years; and in lieu of the clause in the fifteenth section of the fourth article, the following: The same shall be published at least six months previous to the next ensuing biennial election for members of the General Assembly—the provisions of this act not to go into effect until the year eighteen hundred and forty-three.
2. And be it further enacted, by the authority of the aforesaid, that whenever it shall so happen that the term of office of any of the judges, State Attorney, or solicitors, shall expire at any time during the recess, of the General'Assembly, then and in that case it shall be the duly of his excellency, the Governor, to fill such vacancy by appointment, until the next General Assembly thereafter to be held, when such vacancy shall be filled by election by the Legislature, until the next election of judges, State's Attorney, or solicitors, shall take place.
Florida was discovered by Sebastian Cabot, sailing under the English Flag, in 1497. Ponce de Leon, a Spanish adventurer from Hispaniola, explored this country in part in 1512, and again in 1516.
In 1539, Hernando de Soto, who had been an officer under Pizarro in the conquest of Peru, sailed from Cuba (of which he wSs Governor), with an armed force to Florida. They soon overrun the peninsula, but his followers were mostly cut off, and he soon after died.
In 1763 this territory was ceded to Great Britain by Spain, in exchange for Havanna. The Spanish reconquered it in 1781, and it was confirmed to them in 1783. In 1821 the Spaniards ceded it to the United States, as a compensation for spoliations in their commerce.
This State was admitted into the Union on the 3d of March 1845, Its Constitution was adopted in 1838. Area, 57,000 sq. ms. Pop. in 1840. 54,477.
Yve, the people of the Territory of Florida, by our delgates in Convention assembled, at the city of St. Joseph, on Monday, the third day of December, A. D. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union, as one of the United Stales of America, consistent with the principles of the federal Constitution, and by virtue of the treaty of amity, settlement, and limits between the United States of America and the King of Spain, ceding the provinces of East and West Florida to the United States: in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the pursuit of happiness, do mutually agree, each with the other, to form ourselves into a free and independent State, by the name of the State of Florida.
ARTICLE I.—Declaration of Rights.
That the great and essential principles of liberty and free government may be recognized and established, we declare:
Sec. 1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.
2. That all political power is inherent in the people, and all free governments arc founded on their authority, and established for their benefit; and therefore they have, at au times, an inalienable and indefeasible right to alter or abolish their form of government in such manner as they may deem expedient.
3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience: and that no preference shall ever be given by law to any religious establishment, or mode of worship, in this State.
4. That all elections shall be free ami equal, and that no property qualificationrfor eligibility to office, or for the right of suffrage, shall ever be required in this State.
5. That every citizen may feely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that liberty; and no law shall ever.be passed to curtail, abridge, or restrain the liberty of speech or of the press
6. That the right of trial by jury shall forever remain inviolate
7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable seizures and searches; and that no warrant to search any place, or to seize any person or thing, shall issue, without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation
8. That no freeman shall be taken, imprisoned, or disseized of his freehold, liberties, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the law of the land.
9. That all courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law; and right and justice administered without sale, denial, or delay.
10. That in all criminal prosecutions, the accused hath a right to be heard, by himself or counsel, or both; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his fa'j vor; and in all prosecutions by indictment or presentment, a speedy and public trial, by an impartial jury of the county or district where the offence was committed, and shall not be compelled to give evidence against himself.