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 Ouke University Libraries 
 
 Ordinances & re 
 Conf Pam #458 
 
 DTTlSbEm. 
 
OPtDIMNCES & RESOLUTIONS 
 
 PASSED BY THE 
 
 STATE CONVENTION 
 
 OP THE 
 
 PEOPLE OF FLORIDA, 
 
 BEGUN AND HELD IN THE 
 
 CITY OF TALLAHASSEE JANUARY 3, 1861. 
 
PERKINS LIBRARY 
 
 Uulce University 
 
 Kare Dooks 
 
ORDINANCES. 
 
 V 
 
 V 
 
 [ No. 1. ] 
 
 Ordinance of Secession. 
 
 "We, the People of the State of Florida, in Convention assem- 
 bled, do solemnly ordain, publish and declare, 
 That the State of Florida hereby -withdraws herself from the 
 Confederacy of States existing mider the name of the United 
 States of America, and from the existing government of said 
 States; and that all poHtical connection between her and the 
 government of said States ought to he and the same is hereby 
 totally annulled and said Union of States dissolved, and the State 
 of Florida is hereby declared a sovereign and independent Na- 
 tion; and that all ordinances heretofore adopted, in so far as 
 they create or recognize said Union, are rescmded, and all laws 
 or parts of laws m force in this State, in so far as they recognize 
 or assent to said Union, be and they are hereby repealed. 
 Done in open Convention, January 10th, 1861. 
 
 / 
 
 [ No. 2. ] 
 
 Be it Ordained by the People of the State of Florida, in Conven- 
 tion Assembled, f0t That until otherwise provided by the General 
 Assembly of the State of Florida, no duties shall be collected upon 
 imports from the States forming the late Federal Union, nor upon 
 the tonnage of vessels, owned in whole or in part by the citizens of 
 said States, nor shall any act of Congress regulating foreign com- 
 merce, or prescribing forms to be observed by foreign vessels, be 
 held or deemed applicable to said State. 
 
 jfl^^That all the official acts of officers in which it is usual and 
 proper to set forth the authority under which they act, the style of 
 the documents hereafter issued by them, or any of them, shall be in 
 the name of the State of Florida : Prodded, That these Ordinances 
 shall not go into effect, so far as they may be applicable to any Col- 
 lector of Customs in this State, until such time as the Governor of 
 said State shall, by public proclamation, have given ten days notice 
 
thereof, designating tlicrein the several Collection Districts to wtich 
 the same apply and also the date at which said Ordinances are to 
 take effect in said District. 
 ^f^. That all moneys hereafter collected by any of the oflScers 
 aforesaid, shall, after deducting the sums necessary for the compen- 
 sation of officers and other expenses, be paid into the Treasury of 
 the State of Florida, subject to the order of the General Assembly, and 
 the officers aforesaid shall retain in their hands all property, moneys, 
 bonds, and other securities of the United States in their possession, 
 custody, or control, subject to the disposal of this State, which will 
 account for the same upon a final settlement with the Government 
 of the late United States, and that all officers of the late Federal 
 Government within the limits of this State, who, by any ordinance 
 of this Convention, are required to retain in their hands any proper- 
 ty, moneys, bonds, and other securities, which they may hare in 
 their possession at the time of the passage of this ordinance, shall 
 be, and they are hereby required to enter into bond to the State of 
 Florida, of the same tenor and similarly conditioned as were their 
 respective bonds to the United States, with good and sufficient se- 
 curity, to be approved by the Judge of Probate of their respective 
 counties ; and for the discharge of this, or any other duty imposed 
 by any ordinance of this Convention, the State of Florida will fully 
 indemnify said officers against any and all losses, which they or any 
 of them may sustain by reason of their compliance with the ordi- 
 nances of this Convention, or the laws made in pursuance thereof. 
 Done in open Convention, January 15th, A. D. 1861. 
 
 [ No. 3. ] 
 
 Be it ordained hy the People of the State of^lorida in Con- 
 vention assernhled^ That all laws passed by th^ Congress [of the 
 United States, and approved by the President thereof, prior to the 
 tenth day of January of the present year, and which were in force 
 on that day, be and the same are hereby adopted and made laws of 
 the State of Florida, and declared to be of force as such within this 
 State: Provided, That all writs, actions, suits, and judgments, 
 whether at law or in equity, now pending, or which may hereafter 
 be commenced in said courts, shall be subject to the practice ■aiid 
 proceedings which now or may hereafter regulate the Circuit Courts 
 of the State, and all writs, actions, suits, judgments and proceedings 
 which existed or are pending in the District Courts of the United 
 States for the Districts of Florida, on the tenth day of January of 
 the present year, shall remain unimpaired, and provision shall be 
 made by law for the transfer thereof to the District Courts of Florida, 
 
to be proceeded in by said courts and making the same records and 
 proceedings of said District Courts of the State of Florida. 
 Done in open convention January 15, 1S61. 
 
 [ No. 4. ] 
 
 An Ordinance to remove disabilities arising under the fifth section 
 of the sixth article of the Constitution. 
 
 Be it Ordained b?/ the People of the State of Florida in Convention 
 assemhird, Tliat all persons laboring under any disability from hold- 
 ing office under the fifth section of the sixth article of the Constitu- 
 tion, are hereby reinstated and empowered to hold office, either civil 
 or military, under this State, as fully as if such disability had not at- 
 tached. 
 
 Done in open Convention, January 15, 1861. 
 
 \ 
 
 [ No. 5. ] 
 
 J3e it ordained hy the People of the State of Florida in Con- 
 vention assembled^ That the third and ci^rhth sections of the sixth 
 *v article of the Constitutign of this State be. and the same are hereby 
 
 \ Done in open Convention, January 15, 1861. 
 
 [ No. 6. ] 
 
 Whereas, The General Assembly has construed the Constitu- 
 tion to mean, that the term of the Governor elect does not 
 commence imtil October next, after said election : 
 Be it ordained by the people of the Staie of Florida in Con- 
 vention assembled^ That said construction be so altered and 
 changed that tlie Governor elect of this State shall be inaugura- 
 ted and take his seat on the second Monday of the first Session 
 of the General Assembly after his election : Provided, That this 
 amendment shall not go into efiect until the Session of the Gen- 
 erfil Assembly in 1865 ; and that the next election for Governor 
 shall be held on the first Monday in October, 1865: Provided 
 fxirthtr, Tliat the same officers now authorized to canvass the 
 
votes for Represeutatives in Congress shall canvass the votes for 
 Governor, and if the Legislature should not meet in the year of 
 the election of Governor, he shall be qualified by any Judge of 
 the Circuit or Sui^reme Court, 
 
 Done in open Convention, January 17th, 1861. 
 
 [ No. 7. ] 
 
 Be it ordcmud hy the People of the State of Florida in Con- 
 vention assemUed, That, imtil otherwise provided by this Con- 
 vention, all offices, not j iidicial, Avhich existed in this State under 
 the Constitution and laws of the United States on the 10th day 
 of January of the present year, are hereby created offices by, m 
 and under the authority of the State of Florida; and all persons 
 who held such offices at the time aforesaid are hereby consti- 
 tuted and . appointed officers of said State and continued in the 
 offices by them respectively held as aforesaid until they resign to 
 the Governor or be removed by him; and such j^ersons 
 shall receive the same j^ay and emoluments as such officers 
 as they were entitled to receive under the laws of the United 
 States : Provided^ That all persons so authorized to hold offices 
 under the State of Florida shall take an oath of aUegiauce to this 
 State to be- prescribed by law. 
 
 Done in open Convention, January iVth, 1861. 
 
 [ No. 8. ] 
 
 Be it Ordained hy the People of the State of Florida., in Conven- 
 tion Assembled^ That the Governor of the State of Florida be, and 
 he is hereby authorized to accept the services of any citizens of the 
 State of Florida, who are, at the date of this Ordinance, in either the 
 military or naval service of the late Federal Union, (provided said 
 services are tendered within sixty days after notice of the passage of 
 said Ordinance,) and such persons shall be entitled to such rank as 
 the Governor and Council of State may deem right to accede to 
 them, the same pay and emoluments to which they would have been 
 entitled, had they continued in the service of the late Federal Union ; 
 and said persons shall, until otherwise provided by the General As- 
 
sembly, be employed by the Governor in the line of their professions 
 at his discretion. 
 
 Done in open Convention, January l7th, 1861. 
 
 [ No. 9. ] 
 
 £c it Ordained by the Peojjlc of ike State of Florida in 
 Convention Assembled, 13. That the General Assembly of Florida 
 shall have power to abolish any office ejtablished by and under the 
 authority of the late Federal Government ; to dispense with any ex- 
 isting mail route, and authorize the Icttiig of uc\y contracts as may 
 from time to time be required, and tha the Constitution of the 
 State of Florida be, and the same is hcrlby so amended, as to enable 
 the Executive and Legislative Departmehts of Florida to discharge 
 the several duties heretofore devolved upon the Executive and Leg- 
 islative Dcpartnients of the late Federal Union. 
 
 Done in 'open Convention, January iHh, ISGl. 
 
 [ ISTo. 10. ] 
 
 Be it ordained by the People of the State of Florida in Convention 
 assembled, That the jurisdiction of the State of Florida be, and the 
 same is hereby extended over all forts, arsenals, docks, yards, and 
 other places within the limits of the State, over which the United 
 States of America have heretofore exorcised jurisdiction, and that 
 all ordinances, laws, and conveyances granted, made or executed 
 by the State of Florida, conferring upon the United States aforesaid 
 jurisdiction over the sara(f and in coniict with this ordinance, be 
 and the same are hereby annulled, repealed and made void. 
 
 Done in open Convention, January l7th, ISGl. 
 
 [ No. 11. ] 
 
 Be it ordained by the People of the State of Florida in Con- 
 ventioji assembled, 8th. That the General Assembly of this State 
 shall have power to declare who are citizens of this State, and as such 
 entitled \o .the right of suflfrage herein, and to prescribe the terms 
 upon which citizens of other States of the late American Union 
 
may be admitted to the right of citizenship in this State, and shall 
 provide for the punishment of such persons as shall hereafter pretend 
 to hold office within the limits of this State, under the authority of 
 the Government of the late United States. 
 
 Done in open Convention, January 17th, 1861. 
 
 [ No. 12. ] 
 
 Resolved, That the Delegates from this State to the Southeru 
 Convention be instructed to oppose any attempt on the part of 
 said Convention to legislate or transact any busiBess whatsoev- 
 er other than the adoption of a Provisional Government to be 
 substantially on the basis of the Constitution of the late United 
 States, and a permanent Constitution for the Southern Confeder- 
 acy upon the same basis, and that in the event of the said Con- 
 vention imdertaking on any pretext whatsoever to exercise any 
 powers other than that above enumerated, that our Delegates 
 are instructed to protest against the same, and to declare in be- 
 half of the State of Florida, that such acts will not be deemed 
 binding on this State. 
 
 Done in open Convention, January l7th, 1861. 
 
 [ No. 13. ] 
 
 An Ordinance providing for the organization of the Army of 
 
 Florida. 
 
 Be it ordained hy the People of the State of Florida in Con- 
 vention assembled, Tliat the General Assembly of this Statebe 
 and they are hereby authorized to provide by law for the election 
 or appointment of such general officers as the emergencies of the 
 public service may require. 
 
 Done in open Convention, January iVth, A. D. 1861. 
 
 [ No. 14. ] 
 
 Be it Ordained hy the People of the State of Florida in Conven- 
 tion Assembled, That the Governor of this State be, and he is here- 
 
by authorized to appoint and commission William U. Chase, of Es- 
 cambia county, a Major-General in the array of Florida, with such 
 pay and emoluments as the General Assembly jnay by law provide. 
 Done in open Convention, January 1*7 th, A. D. 18G1. 
 
 [ No. 15. ] 
 
 Be it ordained bi/ this CoiuKntion, That the eleventh section of 
 the Gth article of the Constitution be amended by striking from the 
 last line of said section, the words, "and of the United States," and 
 adding the words, "and the ordinances adopted by this Conven- 
 tion." 
 
 Done in open Convention, January iVth, ISGl. 
 
 [ No. 16. ] 
 
 An Ordinance Amending the Seventh Article of the Constitution of 
 this State, entitled "Militia." 
 
 Be it ordained by the People of the State of Florida in Conventioti 
 assembled, That the Seventh Article of the Gonstitution of this State 
 be repealed, and in lieu theseof the following adopted: 
 
 1. All Militia Officers shall be elected or appointed under such 
 rules and regulations as the General Assembly may from time to- 
 time direct and establish. 
 
 2. All offences against the Militia lawa shall be tried bv Court 
 Martial or before a Court and Jury, as the General Assem'blv may 
 direct. 
 
 3. No commission issued under the act approved December 22, 
 1859, entitled " An act to amend the ]Militia and Patrol Laws," or 
 any military commission hereafter to be issued under that or any 
 future act of the General Assembly, shall be vacated except by sen- 
 tence of Court Mrrtial. 
 
 Done in open convention January 18th, 18G1. 
 
 [ No. 17. ] 
 
 Be it ordained by the People of the State of Florida in Convention 
 assembled. That the second section of the third article of the Con- 
 
10 
 
 stitution l>e so amended as to read : That tlie Governor shall be 
 elected for two years instead of four : Provided, That this ordinance 
 shall not take effect until the election for said officer in the year 18G5. 
 Done in open Convention, January IStli, 18G1. 
 
 [ No. 18. ] 
 
 Be it ordained by tltc People of the State of Florida in Con- 
 vention assembled, That there shall be established a Court at Key 
 West in this State, which Court shall have and exercise Admiralty 
 jurisdiction only ; that the laws of the late United States applica- 
 ble to, and heretofore governing the District Court of the United 
 States for the Southern District of Florida, be and the same are 
 hereby adopted for the control and government of said Court ; that 
 said Court shall be known as the Court of Admiralty for the South- 
 ern District of Florida, and that the limits of its jurisdiction shall 
 be the same as were prescribed by an Act of the late Federal Con- 
 gress, Approved Februar}^ 28th, 184Y. 
 
 2. Be it further Ordained, That there shall be one Judge of said 
 Court, with a salary of twenty-five hundred dollars per annum, who 
 shall be appointed by the Governor of this State, by and with the 
 advice and consent of the Senate thereof, who shall have power to 
 appoint a Clerk of said Court, which said clerk, before entering upon 
 the duties of his office, shall enter into a bond in the sum of two 
 thousand dollars to be approved by the said Judge, conditioned for 
 the faithful performance of his duties. 
 
 3. Be it further ordained, That a Marshal of said Coui't shall be 
 •appointed in like manner as the Judge thereof, "who, with the Clerk 
 ■of said Court, shall receive the same fees and emoluments as were 
 prescribed by an act of tlie late Federal Congress, approved Febru- 
 :ary 26th, 1853. The said Marshal shall enter into a bond in the 
 sum of twenty thousand dollars, conditioned for the faithful per- 
 formance of his duties, and the payment of all monies coming into 
 his hands under the order of the Court, which bond shall be approved 
 by the Judge thereof. 
 
 4. Be it further ordained, That the said Judg-e shall reside at Key 
 West, that the Court shall be always open for the transaction of 
 admiralty business, and that appeals may be taken from the decrees 
 thereof to the Supreme Court of this State, in like manner as appeals 
 from the Circuit Courts of this State are now prosecuted. 
 
 5. Be it further ordained, That whenever the Provisional or per- 
 manent Government of a Southern Confederacy shall establish a 
 Court of Admiralty and foreign jurisdiction for the Southern Dis- 
 
11 
 
 trict of Florida, tliis ordinance shall cease to be of any force and 
 eflfect. 
 Done in open Convention, January 19tb, 1861. 
 
 [ No. 19. ] 
 
 Be it ordamed by the People of the ^te of Florida in Con- 
 vention assembled. That the laws of the ' Fnited States in relation 
 to Post offices, mail routes, contracts, s id all other postal mat- 
 ters, heretofore made and in force in th< State of Florida on the 
 10th day of January of the present year so fur as the same may 
 be applicable to a single State, shall ren lin and continue in full 
 force in this State, until the same shal bo altered or repealed 
 imdcr the authority of this Convention. 
 
 2d. That the several mail routes wliici lie in whole or in part 
 in the State of Florida, or m its adjacc t waters, and the con- 
 tracts now subsisting for carrpng the n lils thereon, be and they 
 are hereby continued until otherwise piivided imder the author- 
 ity of this Convention, or imtil, by pr clamatiou by the Chief 
 Magistrate of the State of Florida, th y shall be suspended or 
 discohtmued ; and that all amoimts fill Qg due imder said con- 
 tracts be paid out of any moneys in the 'reasury of the State of 
 Florida not otherwise appropriated : j >'ovided. Payment shall 
 not be received by the contractors u der existing contracts 
 made by them Avith the government of le United States. 
 
 3d. That the General Assembly of le State of Florida do 
 provide for the aiDpointment or electio of a competent person 
 who shall, for the State of Florida, disc avge all the duties here- 
 tofore performed by the Post Master General of the United 
 States, so far as the same may be applic ble to a sovereign State, 
 subject however to such modificationi as the saidGeneral As- 
 sembly may prescribe, and whose dut; especially it shall be to 
 negotiate with the proper authorities oi the States of South Car- 
 olina, Georgia, Alabama and Louisiana for the joint payment of 
 the expense of transporting the mails ( vcr such routes as may 
 have one of theii- termmi in either of s; id States and the other 
 in Florida. 
 
 Done in open Convention January ISth, 1861. 
 
12 
 
 [ No. 20. ] 
 
 Be it Ordained hy the People of the State of Florida in Conven- 
 tion Assembled, That the Circuit Courts of this State, until otherwise 
 provided for by the permanent government of a Southern Confed- 
 eracy, shall, in their respective circuits, possess and exercise all the 
 powers and jurisdiction waich Averc possessed and exercised by the 
 courts heretofore knowni and designated as the Northern District 
 courts of the United Stat's, and heretofore existing in this State un- 
 der the Constitution and aws of the United States. 
 
 Be it further Ordained That all unfinished business remaining in 
 said Northern District coirts, shall be transferred to the appropriate 
 Circuit, under such rules :nd regulations as may be prescribed by the 
 General Assembly of this State. 
 
 Done in open Convenion January 19th, 1801. 
 
 [NTo. 21. ] 
 
 Be it ordained hy the }eople of the State of Florida, That the 
 Surveyor-General's, the .iH'eral Inspectors' offices, the Boats and 
 hands at the several Cus:om Houses, the Navy Agent's office at 
 Pensacola, and the office; of four Timber Agents, and the office 
 of Inspector or Survey o- of the port of Palatka, be abolished. 
 
 J3e it further ordainec^ That the Surveyor-General of the late 
 Federal Government beuistructed to deliver over to the Regis- 
 ter of Public Lands at St Augustine all the papers and property 
 appertaining to said offict, who shall be authorized to carry on 
 to completion all contracs for surveys heretofore made. 
 
 Done in open Conventon January 21st, 18G1. 
 
 [ No. 22. ] 
 
 Whereas, Divers disturlances and l)reaches of the peace have, 
 Avithin the last twelve months, occurred in the counties of Cal- 
 houn and Franklin, accompanied with numerous violations of 
 tlie criminal laws of the State, which it is not to the interest' 
 of the State at this time to prosecute — Therefore, 
 
 JBe it ordained hy the People of the State of Florida in Con- 
 
13 
 
 ventio7i assembled^ That the Governor of this State be and he is 
 hereby authorized and required to proclaim a general amnesty 
 and pardon for all offences committed in said counties of Calhoun 
 and Franklin during the year 1860. 
 
 Done in open Convention January 21stj 1861. 
 
14 
 
 RESOLUTIONS. 
 
 [ ISTo. 1. ] 
 
 Resolution for the relief of R. D. Jordon of Holmes comity. 
 
 Hesolvecl, That the Treasurer be authorized to pay R. D. Jor- 
 don, mileage and per diem, for six days m the Convention as the 
 member from Plolmes county. 
 
 Done in open Convention, January 16th, 1861. 
 
 [ No. 2. ] 
 
 Resolved, That A. J. T. Wright be entitled to the same pay 
 and emoluments as are allowed to other members of this Con- 
 vention for the period he has served as a member thereof. 
 
 Done in open Convention, January 16th, 1S61. 
 
 [ ISTo. 3. ] 
 
 Resolved, That the Hon. S. R. MaUory, Hon. D. L. Yulee and 
 Hon. George S. Hawkms be and they are hereby appointed Com- 
 missioners for the State of Florida, whose duty it shall be to ne- 
 gotiate with the authorities at Washmgton ■ for the surrender to 
 this State of aU Navy Yards, Forts, Magazines, Arsenals, and 
 all other pubHc property withhi its Umits. 
 
 Be it further resolved. That the President of this Convention 
 transmit to the said commissioners a certified cojiy of this reso- 
 lution. 
 
 Done in open Convention January 18th, 1861. 
 
15 
 
 [ No. 4. ] 
 
 Hesolvecl, That the Convention doth hereby signify their ap- 
 proval and high appreciation of the acts ofMajor General Chase in 
 the conduct of the late military operations, at and near Pensacola, 
 as the same have been communicated to this body by Cols. Hol- 
 land and Gee, Aids to his Excellency the Governor ; and that 
 the thanks of this Convention be also given to Cols. Holland and 
 Gee for the services by them rendered to the State . 
 
 Done in open Convention January 18th, 186K 
 
 [ No. 5. ] 
 
 JResolvedj That this Convention, through their President, com- 
 municate to the Governor of Alabama their high appreciation of 
 the conduct of the Alabama troops in the late operations at Pen- 
 sacola, and that the thanks of this Convention, representing the 
 State of Florida, are hereby tendered to Governor Moore for his 
 promptness and patriotism. 
 
 Done in open Convention, Januaiy 18th, 1861. 
 
 [ No. 6. ] 
 
 Resolved, That it shall be the duty of the Legislature of the State 
 of Florida, at its present session, to provide by law for the mainten- 
 ance of the Light-houses on the coast of this State, whenever the 
 same shall cease to be maintained by tLe Federal Government at 
 Washington City. 
 
 Done in open Convention, January 18, 1861. 
 
 [ No. 7. ] 
 
 Resolved, That the Secretary of this Convention be instructed 
 and required, under the supervision of the Secretary of State, to 
 prepare for publication all ordinances passed or that hereafter 
 may be passed by this Convention. 
 
 Done in open Convention, January 18, 1861. 
 
16 
 
 [ No. 8. ] 
 
 Resolved^ That the enacting clause of all ordinances adopted 
 or to be adopted by this Convention be in the following terms : 
 "Be it ordained by the People of the State of Florida in Conven- 
 tion assembled." 
 
 Done in open Convention, January 18, 1861. 
 
 [ No. 9. ] 
 
 JResolved^ Thak should any vacancy occur in the delegation to 
 the Convention o^ Slaveholding States while this Convention is 
 not in session, it shall be the duty of the President of this Con- 
 vention to fill said vacancy or vacancies. 
 
 Done in open Convention January 18th, 1861. 
 
 [ No. 10. ] 
 
 Mesolved, That the Journal of the proceedings of this Conven- 
 tion, when printed, shall be deposited Avith the Secretary of 
 State, and that officer be instructed to send by mail five copies 
 to each of the members of this Convention, five to each member 
 of the Legislature and five to each Judge of Probate. 
 
 Done in oj)en Convention January 21st, 1861. 
 
 I, \Villiam S. Harris, Secretary of the Convention, do hereby cer- 
 tify that the foregoing ordinances and resolutions, are copies of ordi- 
 nances and a resolution passed at the late session of the Convention 
 of the people of Florida, and have received the assent of the Presi- 
 dent. 
 
 In witness whereof, I hereunto set my hand this the 22nd day 
 of January, A. D., 1861. 
 
 WILLIAM S. HARRIS, 
 Secretary of the Convention. 
 
pemmlipei 
 
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