SEC. 16. Returns of elections for members of Congress and the general assembly shall be made to the secretary of state, in manner to be prescribed by law. SEC. 17. In all elections by the general assembly, the vote shall be viva voce; and in all elections by the people the vote shall be by ballot. SEC. 18. No member of Congress, or person holding or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the general assembly of this State, or hold or exercise any office of profit under the State; and no person in this State shall ever hold two offices of profit at the same time, except the office of justice of the peace, notary public, constable, and militia offices. SEC. 19. The general assembly shall by law provide for the appointment or election, and the removal from office, of all officers, civil and military, in this State, not provided for in this constitution. SEC. 20. The power of impeachment shall be vested in the house of representatives. SEC. 21. All impeachments shall be tried by the senate; and, when sitting for that purpose, the senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. SEC. 22. The governor and all civil officers shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the parties shall, nevertheless, be liable to indictment, trial, and punishment according to law. ARTICLE VII MILITIA SECTION 1. All militia officers shall be elected by the persons subject to military duty within the bounds of their several companies, battalions, regiments, brigades, and divisions, under such rules and regulations as the general assembly may, from time to time, direct and establish. SEC. 2. The governor shall appoint all the officers of the executive staff, except the adjutant-general and paymaster-general, who shall be appointed by the governor, by and with the advice and consent of the senate. The major-generals and brigadier-generals, and commanding officers of regiments, shall appoint such staff officers as may be prescribed by law: Provided, No person shall be eligible to any staff appointment unless he hold a commission in the line. ARTICLE VIII TAXATION AND REVENUE SECTION 1. The general assembly shall devise and adopt a system of revenue, having regard to an equal and uniform mode of taxation, to be general throughout the State. SEC. 2. No other or greater amount of tax or revenue shall at any time be levied than may be required for the necessary expenses of government. SEC. 3. No money shall be drawn from the treasury but in consequence of an appropriation by law; and a regular statement of the receipts and the expenditures of all public moneys shall be published and promulgated annually with the laws of the general assembly. SEC. 4. The general assembly shall have power to authorize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes respectively; and all property shall be taxed upon the principles established in regard to State taxation. ARTICLE IX CENSUS AND APPORTIONMENT OF REPRESENTATION SECTION 1. The general assembly shall, in the year 1845, and every tenth year thereafter, cause an enumeration to be made of all the inhabitants of the State, and to the whole number of free white inhabitants shall be added three-fifths of the number of slaves; and they shall then proceed to apportion the representation equally among the different counties, according to such enumeration, giving, however, one representative to every county, and increasing the number of representatives, on a uniform ratio of population, according to the foregoing basis; and which ratio shall not be changed until a new census shall have been taken. SEC. 2. The general assembly shall also, after every such enumeration, proceed to fix by law the number of senators which shall constitute the senate of the State of Florida, and which shall never be less than one-fourth nor more than one-half of the whole number of the house of representatives; and they shall lay off the State into the same number of senatorial districts, as nearly equal in the number of inhabitants as may be, according to the ratio of representation established in the preceding section; each of which districts shall be entitled to one senator. SEC. 3. When any senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district, and no county shall be divided in forming a district. SEC. 4. No new county shall be entitled to separate representation until its population equal the ratio of representation then existing; nor shall any county be reduced in population, by division, below the existing ratio. SEC. 5. Until the apportionment of representation by the general assembly, as directed in the foregoing section, the several counties shall be entitled to the following representatives, viz: Escambia, three; Walton, one; Washington, one; Jackson, three; Franklin, two: Calhoun, two; Gadsden, four; Leon, six; Jefferson, three; Madison, one; Hamilton, one; Columbia, two; Alachua, two; Duval, two; Nassau, one; Saint John's, three; Mosquito, one; Dade, one; Monroe, one; Hillsborough, one; and, until the apportionment of senators under the census as aforesaid, there shall be sixteen senatorial districts in this State, which shall be as follows: The county of Escambia shall compose the first district. The counties of Walton and Washington shall compose the second district. The county of Jackson shall compose the third district. teenth district. The counties of Dade, Monroe, and Hillsborough shall compose the sixteenth district. And each senatorial district shall elect one senator, and the seventh district shall be entitled to two. ARTICLE X EDUCATION SECTION 1. The proceeds of all lands that have been, or may hereafter be, granted by the United States for the use of schools and a seminary or seminaries of learning, shall be and remain a perpetual fund, the interest of which, together with all moneys derived from any other source applicable to the same object, shall be inviolably appropriated to the use of schools and seminaries of learning, respectively, and to no other purpose. SEC. 2. The general assembly shall take such measures as may be necessary to preserve from waste or damage all land so granted and appropriated to the purposes of education. ARTICLE XI PUBLIC DOMAIN AND INTERNAL IMPROVEMENTS SECTION 1. It shall be the duty of the general assembly to provide for the prevention of waste and damage of the public lands now possessed, or that may hereafter be ceded to the Territory or State of Florida; and it may pass laws for the sale of any part or portion thereof, and, in such case, provide for the safety, security, and appropriation of the proceeds. SEC. 2. A liberal system of internal improvements, being essential to the development of the resources of the country, shall be encouraged by the government of this State; and it shall be the duty of the general assembly, as soon as practicable, to ascertain, by law, proper objects of improvement, in relation to roads, canals, and navigable streams, and to provide for a suitable application such funds as may be appropriated for such improvements. ARTICLE XII BOUNDARIES SECTION 1. The jurisdiction of the State of Florida shall extend over the Territories of East and West Florida, which, by the treaty of amity, settlement, and limits, between the United States and His Catholic Majesty, on the 22d day of February, A. D. 1819, were ceded to the United States. ARTICLE XIII BANKS AND OTHER CORPORATIONS SECTION 1. The general assembly shall pass a general law for the incorporation of all such churches, and religious or other societies, as may accept thereof; but no special act of incorporation thereof shall be passed. SEC. 2. The general assembly shall pass no act of incorporation, or make any alteration therein, unless with the assent of at least twothirds of each house, and unless public notice in one or more newspapers in the State shall have been given for at least three months immediately preceding the session at which the same may be applied for. SEC. 3. No banking corporation shall be created, or continue, which is composed of a less number than twenty individuals, a majority of whom, at least, shall be residents of the State; and no other corporation shall be created, or continue, composed of a less number than ten, of whom at least five shall be residents of this State. SEC. 4. No bank-charter, or any act of incorporation granting exclusive privileges, shall be granted for a longer period than twenty years; and no bank-charter shall ever be extended or renewed. SEC. 5. The charters of banks granted by the general assembly shall restrict such banks to the business of exchange, discount, and deposit; and they shall not speculate or deal in real estate, or the stock of other corporations or associations, or in merchandise or chattels, or be concerned in insurance, manufacturing, exportation, or importation, except of bullion or specie; shall not act as trustee in any wise, nor shall they own real estate or chattels, except such as shall be necessary for their actual use in the transaction of business, or which may be pledged as further security, or received towards or in satisfaction of previously-contracted debts, or purchased at legal sales to satisfy such debts; of which they shall be required to make sale within two years after the acquisition thereof. SEC. 6. The capital stock of any bank shall not be less than one hundred thousand dollars, and shall be created only by the actual payment of specie therein; and no bank shall borrow money to create or add to its capital or to conduct its business, and no loans shall be made on stock. SEC. 7. All liabilities of such banks shall be payable in specie, and the aggregate of the liabilities and issues of a bank shall at no time exered double the amount of its capital stock paid in. SEC. S. No bank hall make a note or security of any kind for a aller um than five dollars; and the general assembly may increase ich restriction to twenty dollars. SEC. 9. No dividends of profits exceeding ten per centum per annum on the capital stock paid in shall be made; but all profits over ten per centum per annum shall be set apart and retained as a safety fund. SEC. 10. Stockholders in a bank, when an act of forfeiture of its charter is committed, or when it is dissolved or expires, shall be individually and severally liable for the payment of all its debts, in proportion to the stock owned by each. SEC. 11. Banks shall be open to inspection, under such regulations as may be prescribed by law; and it shall be the duty of the governor to appoint a person or persons, not connected in any manner with any bank in the State, to examine at least once a year into their state and con lition: and the officers of every bank shall make quarterly returns to the governor of its state and condition, and the names of the stockholders, and shares held by each. SEC. 12. Non-user for the space of one year, or any act of a corporation, or those having the control and management thereof, or intrusted therewith, inconsistent with or in violation of the provisions of this constitution, or of its charter, shall cause its forfeiture: and the general assembly shall, by general law, provide a summary process for the sequestration of its effects and assets, the appointment of offers to settle its affairs; and no forfeited charter shall be restored. The foregoing provisions shall not be construed to prevent the general assembly from imposing other restrictions and provisions in the creation of corporations. Sy. 13. The general assembly shall not pledge the faith and credit of the State to raise funds in aid of any corporation whatsoever. S. 14. The general assembly shall, at its first session, have power to regulate, restrain, and control all associations claiming to exercise corporate privileges in the State, so as to guard, protect, and secure the interests of the people of the State, not violating vested rights or impairing the obligation of contracts. ARTICLE XIV AMENDMENTS AND REVISION OF THE CONSTITUTION SECTION 1. No convention of the people shall be called unless by 1'e concurrence of two-thirds of each house of the general assembly. SEC. 2. No part of this constitution shall be altered unless a bill to alter the same shall have been read three times in the house of repre→ttat ve- and three times in the senate, and agreed to by two-thirds of ach house of the general assembly; neither shall any alteration se place until the bill so agreed to be published six months previous to a few election for members to the house of representatives; and if alteration proposed by the general assembly shall be agreed to, at t r first session, by two-thirds of each house of the general v, after the same shall have been read three times on three everal days in each house, then, and not otherwise, the same shall lavere a part of the constitution. |