ARTICLE I.
Declaration of Rights.
That the greatest and essential liberty and free government may be recognized and established, we declare:
- That all freemen when they form a government, 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 happiness. . . .
ARTICLE IV.
Legislative Department.
- 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. . . .
- The Senators shall be chosen by the qualified electors for a term of two years . . . ; and no man shall be a Senator unless he be a white man, and Citizen of the United States, and shall have been an inhabitant of this State two years next preceding his election. . . .
ARTICLE XVI.
General Provisions
- Whereas, slavery has been destroyed in this State by the Government of the United States ; therefore, neither slavery nor involuntary servitude shall in future exist in this State, except as a punishment for crimes, whereof the party shall have been convicted by the courts of the State, and all the inhabitants of the State, without distinction of color, are free, and shall enjoy the rights of person and property with distinction of color.
- In all criminal proceedings founded upon injury to a colored person, and in all cases affecting the rights and remedies of colored persons, no person shall be incompetent to testify as a witness on account of color ; in all other cases, the testimony of colored persons shall be excluded, unless made competent by future legislation. The jury shall judge the credibility of the testimony.
- The Jurors of this State shall be white men, possessed of such qualifications as may be prescribed by law.
CHAPTER 1,464—[No. 1.] AN ACT to organize the Militia of this State.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That every able-bodied white male inhabitant of the State, between the ages of eighteen and forty-five, who has resided in the same four weeks, shall be enrolled and liable to perform Militia duty . . .
CHAPTER 1,466—[No. 3.] AN ACT prescribing additional penalties for the commission of offences against the State, and for other purposes.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That whenever, in the criminal laws of this State, heretofore enacted, the punishment of the offence is limited to fine and imprisonment, or to fine or imprisonment, there shall be super-added, as an alternative, the punishment of standing in the pillory for one hour, or whipping, not exceeding thirty-nine stripes on the bare back, or both, at the discretion of the jury.
SEC. 2. Be it further enacted, That the severance from the freehold of any agricultural production or fixture, or any part thereof, and the felonious taking and carrying away the same, shall be deemed and held to be larceny, and be punished as such.
SEC. 3. Be it further enacted, That if any person shall excite an insurrection or sedition amongst any portion or class of the population of this State, or shall attempt by writing, speaking, or by any other means, to excite such insurrection or sedition, the person or persons so offending, shall be deemed to be guilty of a felony, and, upon conviction, shall suffer death. . . .
SEC. 9. Be it further enacted, That if any person or persons shall willfully and maliciously set fire to or burn any cotton, grain, fodder, hay, or other agricultural product, whether the same be gathered in bulk, or be standing or growing in the field, or shall cause or procure the same to be done, or shall willfully and maliciously set fire to or burn any house or building, not the subject or arson, or any fence or other enclosure, or any bridge, or cause or procure the same to be done, he, she or they shall, upon conviction, be punished by a fine not exceeding one thousand dollars, and by imprisonment not exceeding six months, or by standing in the pillory for one hour, or by whipping, not exceeding thirty-nine stripes, or by both whipping and standing in the pillory, at the discretion of the jury.
SEC. 10. Be it further enacted, That every trespass upon the property of another, committed with malicious and mischievous intent, the punishment of which is not provided for by law, shall be deemed and held to be an act of “malicious mischief,” and the party guilty of the same, his, her or their aiders and abettors shall, upon conviction, be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, or by standing in the pillory, at the discretion of the jury. . . .
SEC. 12. Be it further enacted, That it shall not be lawful for any negro, mulatto, or other person of color, to own, use or keep in his possession or under his control, any Bowie-knife, dirk, sword, fire-arms or ammunition of any kind, unless he first obtain a license to do so from the Judge of Probate of the county in which he may be a resident for the time being: and the said Judge of Probate is hereby authorized to issue such license, upon the recommendation of two respectable citizens of the county, certifying to the peaceful and orderly character of the applicant ; and any negro, mulatto, or other person of color, so offending, shall be deemed to be guilty of a misdemeanor, and upon conviction, shall forfeit to the use of the informer all such fire-arms and ammunition, and in addition thereto, shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty-nine stripes, or both, and the discretion of the jury. . . .
SECTION 14. Be it further enacted, That if any negro, mulatto, or other person of color, shall intrude himself into any religious or other public assembly of white persons, or into any railroad car or other public vehicle set apart for the exclusive accommodation of white people, he shall be deemed to be guilty of a misdemeanor, and upon conviction, shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty-nine stripes, or both, and the discretion of the jury; nor shall it be lawful for any white person to intrude himself into any religious or other public assembly of colored persons, or into any railroad car or other public vehicle, set apart for the exclusive accommodation of persons of color, under the same penalties.
CHAPTER 1,467—[No. 4.] AN ACT to punish Vagrants and Vagabonds.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That every able bodied person who has no visible means of living, and shall not be employed at some labor to support himself or herself, or shall be leading an idle, immoral or profligate course of life, shall be deemed to be a vagrant, and may be arrested by warrant issued by and Justice of the Peace, or Judge of the County Criminal Court, and bound in sufficient surety for his or her good behavior and future industry for one year, and upon his or hr refusing or failing to give such security, he or she may be held or committed for trial before the Criminal Court of the county, and if convicted before said Court, shall be punished by being sentenced to labor or imprisonment for a term not exceeding twelve months, or by whipping not exceeding thirty-nine stripes or being put in the pillory not exceeding one hour, or by whipping and being put in the pillory, and the discretion of the jury ; and if an such person shall be sentenced to labor, the Sheriff or other officer of said Court shall hire out such person for the term to which he or she shall be sentenced, not exceeding twelve months as aforesaid, and the proceeds of such hiring shall be paid in to the county Treasury…
SEC. 4. Be it further enacted, That if the Sheriff or other officer authorized to hire our such offender according to the sentence of the Court, shall not find any person willing to hire or take such offender for the term of his or her sentence, the said Sheriff or other officer shall employ such offender at any kind of labor that the Board of County Commissioners, or the Judge of Probate in recess of the Board, may authorize or direct, and if necessary, in all such cases the Sheriff or other officer may secure the person so convicted and sentenced whilst employed outside of the county jail by ball and chain of sufficient weight to prevent escape…
CHAPTER 1,468.—[No. 5.] AN ACT in addition to An Act to amend the Act entitled An Act concerning Marriage Licenses, approved January 23, 1832.
SECTION 1. Be it enacted by the Senate and the House of Representatives of the State of Florida in General Assembly convened, That if any white female resident within this State shall hereafter attempt to intermarry, or shall live in a state of adultery or fornication with any negro, mulatto, or other person of color, she shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollars, to be confined in the pubic jail not exceeding three months, or both, at the discretion of the jury, and shall moreover be disqualified to testify as a witness against any white person.
SEC. 2. Be it further enacted, That if any negro, mulatto, or other person of color shall hereafter live in a state of adultery or fornication with any white female resident within the limits of this State, he shall be deemed to be guilty of a misdemeanor, and upon conviction shall be fined in a sum not exceeding one thousand dollar, or be made to stand in the pillory for one hour and be whipped not exceeding thirty-nine stripes, or both, at the discretion of the jury.
SEC. 3. Be it further enacted, That every person who shall have one-eighth or more of negro blood shall be deemed and held to be a person of color.