in the recess of the senate, respite the sentence until the end of the next session of the general assembly.

12. There shall be a seal of the state, which shall be kept by the governor, and used by him officially, with such device as the

, governor first elected may direct; and the present seal of the territory shall be the seal of the state, until otherwise directed by the general assembly.

13. All commissions shall be in the name and by the authority of the state of Florida, be sealed with the state seal, and signed by the governor, and attested by the secretary of state.

14. There shall be a secretary of state appointed by a joint vote of both houses of the general assembly, who shall continue in office during the term of four years; and he shall keep a fair register of the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly, and shall perform such other duties as may be required of him by law.

15. Vacancies that happen in offices the appointment of which is vested in the general assembly, or given to the governor with the advice and consent of the senate, shall be filled by the governor during the recess of the general assembly, by granting commissions, which shall expire at the end of the next session.

16. Every bill, which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, , he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to reconsider it; and if, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by a majority of the whole number elected to that house, it shall become a law. But in such cases, the votes of both houses shall be by yeas and the names of the members voting for or against the bill shall be entered on the journals of each house, respectively; and if any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the

a

general assembly, by their adjournment, prevent its return; in which case, it shall not be a law.

17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, except on questions of adjourn. ment, shall be presented to the governor; and, before it shall take effect, be approved by him, or, being disapproved, be repassed by both houses, according to the rules and limitations prescribed in case of a bill.

18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the president of the senate shall exercise all the power and authority appertaining to the office of governor, during the term for which the governor was elected; unless the general assembly shall provide by law for the election of a governor to fill such vacancy, or until the governor so absent or impeached shall return or be acquitted.

19. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall, in like manner, administer the government.

20. The president of the senate, or speaker of the house of representatives, during the time he administers the government, shall receive the same compensation which the governor would have received.

21. The governor shall always reside, during the sessions of the general assembly, at the place where their sessions are held, and at all other times, wherever, in their opinion, the public good may require. 22. No person shall hold the office of

and
any

other office or commission, civil or military, either in this state, or under any state, or the United States, or any other power, at one and the same time, except the president of the senate, or the speaker of the house of representatives, when he shall hold the office, as aforesaid.

ARTICLE IV.

Legislative Department. 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 As- . sembly 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.”

2. The members of the house of representatives shall be chosen by the qualified voters, and shall serve for the term of one year, from the day of the commencement of the general election, and no longer; and 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.

3. The representatives shall be chosen every year, on the first Monday in the month of October, until otherwise directed by law.

4. 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 shall have attained the

age of twenty-one years. 5. The senators shall be chosen by the qualified electors for the term of two years, at the same time, in the same manner,

and in the same places, where they vote for members of the house of representatives; and no man shall be a senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this state 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.

6. The senators, after their first election, shall be divided by lot into two classes ; arid the seats of the senators of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year; so that onehalf thereof, as near as possible, may be chosen for ever thereafter, annually, for the term of two years.

7. The house of representatives, when assembled, shall choose a speaker, and its other officers; and the senate a president, and its other officers; and each house shall be judge of the qualifications, elections, and returns of its members; but a contested election shall be determined in such manner as shall be directed by law.

8. A majority of each house shall constitute a quorum to do business, but a 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.

9. Each house may determine the rules of its own proceedings, punish its members for disorderly behavior, and with the consent of two-thirds, expel a member, but not a second time for the same cause.

10. Each house, during the session, may punish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence, or for obstructing any of its proceedings, provided such imprisonment shall not extend beyond the end of the session.

11. 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.

12. 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.

13. 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.

14. 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 secresy.

15. 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.

16. 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, fourfifths 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.

17. 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.

18. The number of members of the house of representatives shall never exceed sixty.

ARTICLE V.

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.

2. The supreme court, except in cases otherwise directed in this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may from time to time be prescribed by law; provided that the said court shall always have power to issue writs of injunction, mandamus, quo