representatives of the general assembly, county commissioners, coroners, justices of the peace, county surveyors, and all other officers provided for by this constitution. The said election shall be held on the 29th day of November, A. D. 1865. The said election shall be conducted according to the existing laws of the State of Florida, and shall take place on the same day throughout the State, the returns to be made according to law. The members of the general assembly so elected shall assemble on the third Monday in December, A. D. 1865. The governor, lieutenant governor, secretary of state, treasurer, comptroller of public accounts, attorney general, circuit judges, judges of probate, sheriff's, clerks of circuit courts, solicitors, representative in Congress, senators and representatives of the general assembly, county commissioners, coroners, justices of the peace, county surveyors, and all other officers provided for by this constitution, shall enter upon the duties of their respective offices immediately after their election, and shall continue in office in the same manner and during the same period they would have done had they been elected on the 1st Monday in October, A. D. 1865. The representative in Congress shall continue in office in the same manner and during the same period he would have done had he been elected on the 1st Monday in October, A. D. 1865. 6. The statutes of limitation shall not be pleaded upon any claim in the hands of any person whomsoever, not sued upon when such claim was not barred by the statutes of limitation on the 10th day of January, A. D. 1861. 7. No law of this State providing that claims or demands against the estates of decedents shall be barred if not presented within two years, shall be considered as being in force within this State between the 10th day of January, 1861, and the 28th day of October, 1865. Done in open convention. In witness whereof, the undersigned, the president of said convention, and delegates present, representing the people of Florida, do hereby sign our names, this the seventh day of November, anno Domini eighteen hundred and sixty-five, and of the independence of the United States of America the ninetieth year, and the secretary of said convention doth countersign the same. Ordinances adopted at a convention of the people assembled at the city of Tallahassee on the 25th day of October, 1865. No. 1. AN ORDINANCE to annul the ordinance of secession. Whereas the people of the State of Florida are desirous, in good faith, to restore the State to her former peaceful relations with the United States: Therefore, Be it ordained by the people of the State of Florida in convention assembled, That the ordi. nance adopted by the convention of the people on the 10th day of January, A. D. 1861. known as the secession ordinance, be, and the same is hereby, annulled. Done in open convention, October 28, 1865. No. 2. AN ORDINANCE to provide for the pay and mileage of the members and other expenses of the convention. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That the provisional governor of this State be empowered and authorized to borrow a sum of money sufficient to pay and discharge the pay and mileage of the members of this convention, its officers, and all incidental expenses, and that he be authorized to sign a bond for the payment of the money borrowed, with interest thereon, not exceeding the rate of eight per centum per annum, the said bond to be paid and discharged out of the first money collected and paid into the treasury, which may be sufficient for that purpose. SEC. 2. Be it further ordained, That, in default of the ability of the provisional governor to borrow the said sum of money, he be authorized to issue certificates of indebtedness to defray the aforesaid pay and expenses, which certificates shall be made payable to the person or bearer, and shall be received in payment of all public dues, and be first paid in preference to any other claim or demand against the State, out of any money hereafter collected and paid into the treasury. SEC. 3. Be it further ordained, That the pay of the members of this convention shall be a per diem of five dollars and mileage at ten cents per mile each way. SEC. 4. Be it further ordained, That the pay of the officers of this convention shall be as follows: The secretary shall receive for his services eight dollars per day, and each of his assistants shall receive for their services six dollars per day; the sergeant-at-arms shall receive for his services six dollars per day; the doorkeeper for his services six dollars per day; and the messenger for his services six dollars per day. SEC. 5. Be it further ordained, That the secretary of the convention be, and he is hereby, authorized to audit the account of the members and all other expenses, and upon a certificate, signed by the president and secretary, the same shall be paid by the provisional governor, as hereinbefore provided. Done in open convention, November 4, 1865. No. 3. AN ORDINANCE to repeal certain ordinances and acts therein mentioned, and for other purposes. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That all ordinances and resolutions heretofore passed by any convention of the people of this State, and all acts and resolutions of the general assembly of this State, conflicting or inconsistent with the Constitution of the United States and of the State of Florida, and in derogation of the existence or position of this State as one of the United States of America, be, and the same are hereby, repealed. SEC. 2. That all lawful and regular acts of the several executive, judicial, and ministerial officers of this State, since the 10th day of January, A. D. 1861, be, and the same are hereby declared to be, in all respects regular, valid, and justifiable. SEC. 3. That it shall be the duty of the general assembly to make provision whereby per sons who held offices under the United States in this State on or before the 10th day of Jannary, A. D. 1861, may be reimbursed or held without damage for moneys or other property in their possession belonging to the government of the United States, and which were by theta turned over or paid to the treasury or government of the State. SEC. 4. That all marriages to which there was no legal impediment, solemnized in this State since the 10th day of January, A. D. 1861, by an ordained minister of the gospel, jus tice of the peace, judicial officer of this State, notary public, or commissioned officer in the army or navy of the United States, shall be, and the same are hereby declared to be, legal and binding, to all intents and purposes whatsoever. Done in open convention, November 4, 1865. No. 4. AN ORDINANCE on vagrancy. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That upon complaint made on, oath before a justice of the peace, mayor, alderman, or intendant of police, or a judge of the circuit court, that any person able to work, or otherwise to support himself in a reputable way, is wandering or strolling about, or leading an idle, or profligate, or immoral course of life, to issue his warrant to the sheriff or any constable, commanding him to arrest the party accused and bring him before such justice of the peace or other officer, and if the said officer should be satisfied by the testimony of the guilt of the accused, the said officer shall require him to enter into bond, payable to the governor of Florida and his successors in office, in such sum as the said officer may prescribe, not to exceed five hundred dollars, with sufficient security, to be approved by said officer, for lus good behavior and future industry for one year; and upon his failing or refusing to give such security, he shall be committed and indicted as a vagrant, and on conviction shall be punished by a fine not exceeding five hundred dollars, and imprisoned for a time not exceeding twelve months, or by being sold for a term not exceeding twelve months, at the discretion of the court, and that this ordinance shall be in force only until the general assembly shall make provision on this subject. SEC. 2. That it shall be the duty of the general assembly to pass such laws as it may deem best calculated to prevent vagrancy in this State. Done in open convention, November 4, 1865. No. 5. AN ORDINANCE to continue in force certain acts therein mentioned. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That all acts and amendments heretofore passed in relation to the municipal governments of the cities of Pensacola and Appalachicola, not repugnant to the Constitution of the United States, be, and the same are hereby, declared to be in full force. SEC. 2. An election for mayor and other municipal officers may be held on the fourth Monday in November, 1865, under the rules prescribed in the charters of said cities; and the mayor and other members of the city government so elected shall continue in office as though they were regularly elected on the election day fixed in the respective charters of the cities of Pensacola and Appalachicola. SEC. 3. That all acts and amendments thereto relating to the Alabama and Florida railroad be, and the same are hereby, confirmed and declared to be in full force. Done in open convention, November 6, 1865. No. 6. AN ORDINANCE in relation to the State treasury notes. Be it ordained by the people of the State of Florida in convention assembled, That all State treasury notes issued, and all other liabilities contracted by the State of Florida on or after the 10th day of January, A. D. 1861, to the 25th day of October, A. D. 1865, except such liabilities as may be due to the seminary and school funds, and such other liabilities as are provided for by this constitution, be and are declared void, and the general assembly shall have no power to provide for the payment of the same or any part thereof. Done in open convention, November 6, 1865. No. 7. AN ORDINANCE in relation to State liabilities. Be it ordained by the people of the State of Florida in convention assembled, That the ordinance in relation to State liabilities and treasury notes shall not be construed to invali date, impair, or make void any bona fide contract or liability of the State of Florida incurred or undertaken prior to the date of the ordinance of secession: Provided, That this ordinance shall not apply to any claims which have heretofore been declared fraudulent or have been rejected by the State. Done in open convention, November 7, 1865. No. 8. AN ORDINANCE in reference to contracts made during the late war. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That in all proceedings in the courts of this State founded upon a contract or contracts made and entered into during the late war between the United States and the late Confederate States, the courts are hereby authorized to admit testimony as to the value of the property or consideration contemplated by the parties to said contracts, and to instruct the jury to find accordingly, provided that the defendant shall allege by plea under oath, and prove to the satisfaction of the jury, that the currency contemplated in the payment of said contract or contracts was confederate or State treasury notes, or upon what basis the consideration, or the value of the property or its use, which was estimated at the time of the formation of said contract or contracts. SEC. 2. Be it further ordained, That executors, administrators, trustees and guardians are hereby authorized, by and with the approval of the probate court, to compromise with persons against whom they hold notes or claims made during the war aforesaid, upon the basis of the real value of the property or consideration for which said notes were given, or upon which said claims were founded. Done in open convention, November 7, 1865. No. 9. AN ORDINANCE for the relief and protection of certain persons therein named. SECTION 1. Be it ordained by the people of the State of Florida in convention assembled, That in all cases in which judgment or decrees of the courts of this State have been rendered against parties in the military service, whether such parties were defendants or plaintiffs in their own right, or as the representatives of others, the said parties shall have the right of rehearing, new trial, or appeal for six months after the reorganization of the State government under this constitution, and no execution or other process shall issue under such judgment of decree until after the expiration of six months, provided that the party asking for such re hearing, new trial, or appeal shall make it appear to the satisfaction of the court that the case on his part has not been fully heard upon the merits, before such motion shall be granted. Done in open convention, November 7, 1865. RESOLUTIONS. No. 1. A RESOLUTION making it the duty of the secretary of the convention to have published and to distribute the ordinances and constitution adopted by the convention, and for other purposes. Resolved, That, as soon as practicable after the adjournment of this convention, it shall be the duty of the secretary of the same to have published the ordinances and constitution adopted by this convention, with a general index thereto, and with such marginal notes and references as may be proper, and that when so published he shall send to each member of this convention three copies of said ordinances and constitution, with three copies of the journal of proceedings; and that for his services he shall receive such compensation as may be fixed by the next general assembly. SEC. 2. Be it further resolved, That when the secretary shall have discharged the duties required of him by this resolution, he shall file with the secretary of state all the enrobed ordinances and the constitution adopted, with all other books and papers remaining in his hands and appertaining to the proceedings of this convention. Adopted in open convention, November 3, 1865. No. 2. A RESOLUTION in reference to Jefferson Davis, of Mississippi Whereas the convention of the State of Florida feel deep solicitude for the president of the late southern confederacy, Jefferson Davis, and being mindful that he was but an instrument of the people of the southern States, and guilty only to the extent of others, who have already been pardoned for the same offence, and respectfully suggesting that in his release the government would illustrate its wisdom. magnanimity, and clemency, not only to the people of the United States, but the world at large: Resoired, That his excellency Andrew Johnson, President of the United States, whose administration has been signalized in a most extraordinary degree by the great virtues of clemency and mercy, be requested to extend a pardon to the said Jefferson Davis. Resolved further, That the president of this convention be requested to communicate this resolution to his excellency President Johnson. Adopted in open convention, November 4, 1865. No. 3. A RESOLUTION in reference to S. R. Mallory and others, of Florida. Whereas the convention, in common with the people of Florida, take a deep interest in their eminent fellow-citizens, the honorables D. S. Yulee, S. R. Mallory, and Governor A. K. Allison, now for a long time detained in confinement by the general government, and feeling assured that they are no only well disposed and loyal to the government, but by their talents, energy, and fair standing, would exert a favorable influence in restoring order and prosperity to the State in her present disturbed condition, whilst their own private affairs and the condition of their families require also their presence at home: Be it therefore resolved by this convention, That a deputation consisting of three persons be selected by the convention to wait upon the President of the United States at an early period and respectfully to present the cogent claims of these individuals to his clemency, and to express to him the great gratification it would afford the convention and people of Florida to have their speedy release. Adopted in open convention, November 4, 1865. No. 4. A RESOLUTION requesting his excellency the provisional governor to appoint a commission of three qualified gentlemen to examine and report to the next session of the general assembly, for their action thereupon, certain matters therein mentioned. Resolved, That his excellency the provisional governor be requested to appoint a commission of three qualified gentlemen to examine and report to the next session of the general assembly, for their action thereupon, the changes and amendments to be made to the existing statutes, and the additions required thereto, so as to cause the same to conform to the requisitions of the amended constitution, and with reference especially to the altered condition of the colored race, under the operation of the President's proclamation of emancipation, and the action of this convention. Adopted in open convention, November 6; 1865. No. 5. A RESOLUTION requesting his excellency the provisional governor to exert himself to have removed from the interior of the State, at as early a day as possible, the colored troops of the United States, and for other purposes. Resolved, That his excellency the provisional governor be respectfully requested to exert himself to have removed from the interior of the State, at as early a day as possible, the colored troops of the United States, and to the end that good order and peace may be preserved, the provisional governor is hereby authorized to organize the militia forces of this State for such purposes when in his opinion it may be necessary. Adopted in open convention November 6, 1865. WASHINGTON, February 3, 1866. Brigadier General W. E. Strong appeared and presented the following report on the condition of affairs in the State of Texas: WAR DEPARTMENT, BUREAU OF REFUGEES, FREEDMEN, AND ABANDONED LANDS, GENERAL: In accordance with instructions received from you early in October last, as contained in Special Orders No. 84, dated at these headquarters, I have the honor respectfully to submit for your information the following report of my action and observation in the State of Texas: I passed little more than a month in the State, and during that time used every endeavor to ascertain the true condition of the freedmen; what they were doing to support themselves, and what the citizens of Texas, their former masters, were doing for them under the new order of things. As it was impossible for me to visit every portion of the State without remaining several months, and as the time allowed for my inspection was limited, I decided, after consultation |