from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
FLORIDA. The name of one of the new states of the United States of America.
It was admitted into the Union by virtue of the act of congress, entitled An
Act for the admission of the states of Iowa and Florida into the Union,
approved March 3, 1845.
2. The constitution was adopted on the eleventh day of January,
eighteen hundred and thirty-nine. The powers of the government are divided
into three distinct branches, namely, the legislative, the executive, and
the judicial,
3.-1. Of the legislative power. 1. The legislative power of this
state shall be vested in two distinct branches, the one to be styled the
senate, the other the house of representatives, and both together, "The
General Assembly of the State of Florida," and the style of the laws shall
be, "Be it enacted by the Senate and House of Representatives of the State
of Florida in General Assembly convened."
4.-2. A majority of each house shall constitute a quorum to do
business, but smaller number may adjourn from day to day, and may compel the
attendance of absent members in such. manner, and under such penalties, as
each house may prescribe.
5.-3. Each house may determine the rules of its own proceedings,
punish its members for disorderly behaviour, and, with the consent of two-
thirds, expel a member; but not a second time for the same cause.
6.-4. Each house, during the session, may punish by imprisonment, any
person not a member, for disrespectful or disorderly behaviour in its
presence, or for obstructing any of its proceedings, provided such
imprisonment shall not extend beyond the end of the session.
7.-5. Each house shall keep a journal of its proceedings, and cause
the same to be published immediately after its adjournment, and the yeas and
nays of, the members of each house shall be taken, and entered upon the
journals, upon the final passage of every bill, and may, by any two members,
be required upon any other question, and any member of either house shall
have liberty to dissent from, or protest against, any act or resolution
which he may think injurious to the public, or an individual, and have the
reasons of his dissent entered on the journal.
8.-6. Senators and representatives shall in all cases, except
treason, felony or breach of the peace, be privileged from arrest during the
session of the general assembly, and in going to, or returning from the
same, allowing one day for every twenty miles such member may reside from
the place at which the general assembly is convened; and for any speech or
debate, in either house, they shall not be questioned in any other place.
9.-7. The general assembly shall make provision, by law, for filling
vacancies that may occur in either house, by the death, resignation, (or
otherwise,) of any of its members.
10.-8. The doors of each house shall be open, except on such occasions
as, in the opinion of the house, the public safety may imperiously require
secrecy.
11.-9. Neither house shall, without the consent of the other, adjourn
for more than three days, nor, to any other place than that in which they
may be sitting.
12.-10. Bills may originate in either house of the general assembly,
and all bills passed by one house may be discussed, amended or rejected by
the other; but no bill shall have the force of law until, on three several
days, it be read in each house, and free discussion be allowed thereon,
unless in cases of urgency, four-fifths of the house in which the same shall
be depending, may deem it expedient to dispense with the rule; and every
bill, having passed both houses, shall be signed by the speaker and
president of their respective houses.
13.-11. Each member of the general assembly shall receive from the
public treasury such compensation for his services,as may be fixed by law,
but no increase of compensation shall take effect during the term for which
the representatives were elected when such law passed.
14.-12. The sessions of the general assembly shall be annual, and
commence on the fourth Monday in November in each year, or at such other
time as may be prescribed by law.
15. The senators will be considered with regard, 1. To the qualification
of the electors. 2. The qualification of the members. 3. The number of
members. 4. The time of their election. 5. The length of service.
16.-1st. The senators shall be elected by the qualified voters. Const.
art. 4, s. 5.
17.-2d. No man shall be a senator unless be be a white man, a citizen
of the United States, and shall have been an inhabitant of Florida two years
next preceding his election, and the last year thereof a resident of the
district or county for which he shall be chosen, and shall have attained the
age of twenty-five years. Const. art. 4, s. 5. And to this there are the
following exceptions:
All banking officers of any bank in the state are ineligible until
after twelve-months after they shall go out of such office. Art. 6, 3.
All persons who shall fight, or send, or accept a duel, the probable
issue of which may be death, whether committed in or out of the state. Art.
6, s. 5.
All collectors or holders of public money. Art. 6, s. 6.
All ministers of the Gospel. Art. 6, s. 1 0.
All persons who shall have procured their elections by bribery.
All members of congress, or persons holding or exercising any, office
of profit under the United States, or under a foreign power. Art. 6, s. 18.
18.-3d. The number of senators may be varied by the general assembly,
but it shall never be less, than one-fourth, nor more than one-half of the
whole number of the house of representatives. Art. 9, s. 2.
19.-4th. The time and place of their election is the same as those for
the house of representatives. Art. 4, s. 5.
20.-5th. They are elected for the term of two years. Art. 4, s. 5.
21. The house of representatives will be considered under the same
beads.
22.-1st. Members of the house of representatives shall be chosen by
the qualified voters.
23.-2d. No person shall be a representative unless he be a white man,
a citizen of the United States, and shall have been an inhabitant of the
state two years next preceding his election, and the last year thereof a
resident of the county for which he shall be chosen, and have attained the
age of twenty-one years. Art. 4, s. 4. And the same persons are
disqualified, who are disqualified as senators.
24.-3d. The number of members shall never exceed sixty. Art. 4, s. 18.
25.-4th. The. time of holding the election is the first Monday of
October annually.
26.-5th. Members of the house of representatives are elected for one
year from the day of the commencement of the general election, and no
longer. Art. 4, s. 2.
27.-2. Of the executive. The supreme executive power is vested in a
chief magistrate, who is styled the governor of Florida. Art. 3.
28. No person shall be eligible to the office of governor, unless he
shall have attained the age of thirty years, shall have been a citizen of
the United States ten years, or an inhabitant of Florida at the time of the
adoption of the constitution, (being a citizen of the United States,) and
shall have resided in Florida at least five years preceding the day of
election.
29. The governor shall be elected for four years, by the qualified
electors, at the time and place where they shall vote for representatives;
and shall remain in office until a successor shall be chosen and qualified,
and shall not be eligible to reelection until the expiration of four years
thereafter.
30. His general powers are as follows: 1. He is commander-in-chief of
the army, navy, and militia of the state. 2. He shall take care that the
laws be faithfully executed. 3. He may require information from the
officers of the executive department. 4. He may convene the general
assembly by proclamation upon particular occasions. 5. He shall, from time
to time, give information to the general assembly. 6. He may grant pardons,
after conviction, in all cases except treason and impeachment, and in these
cases, with the consent of the senate; and he may respite the sentence in
these cases until the end of the next session of the senate. 7. He, may
approve or veto bills.
31. In case of vacancy in the office of governor, the president of the
senate shall act in his place, and in case of his default, the speaker of
the house of representatives shall fill the office of governor. Art. 3, s.
21.
32.-3. Of the judicial department. 1. The judicial power of this
state, both as to matters of law and equity, shall be vested in a supreme
court, courts of chancery, circuit courts, and justices of the peace:
Provided, the, general assembly may also vest such criminal jurisdiction as
may be deemed necessary in corporation courts; but such jurisdiction shall
not extend to capital offences. Art. 5, s. 1.
33.-2. Justices of the supreme court, chancellors, and judges of the
circuit courts, shall be elected by, the concurrent vote of a majority of
both houses of the general assembly. Art. 5, s. 11.
34.-3. The judges of the circuit courts shall, at the first session.
of the general assembly to be holden under the constitution, be elected for
the term of five years and shall hold their office, for that term, unless
sooner removed, under the provisions in the constitution; and at the
expiration of five years, the justices of the supreme courts, and the judges
of the circuit courts, shall be elected for the term of, and during their
good behaviour.
35. Of the supreme court. 1. The powers of the supreme court are vested
in, and its duties performed by, the judges of the several circuit courts,
and they, or a majority of them, shall hold such session of the supreme
court, and at such time and place as may be directed by law. Art. 5, s. 3.
But no justice of the supreme court shall sit as judge, or take any part in
the appellate court, on the trial or hearing of any case which shall have
been decided by him in the court below. Art. 5, s. 18.
36.-2. The supreme court, except in cases otherwise directed in this
constitution, shall have appellate jurisdiction only. Provided, that the
said court shall always have power to issue writs of injunction, mandamus,
quo warranto, habeas corpus, and such other remedial and original writs, as
may be necessary to give it a general superintendance and control of all
other courts. Art. 5, s. 2.
37.-3. The supreme court shall exercise appellate jurisdiction in all
cases brought by appeal or writ of error from the several circuit courts,
when the matter in controversy exceeds in amount or value fifty dollars.
38. Of the circuit courts. 1. The state is to be divided into circuits,
and the circuit courts, held within such circuits, shall have original
jurisdiction in all matters, civil and criminal, within the state, not
otherwise excepted in this constitution. Art. 5, s. 6.