Constitution of 1838

Constitution of 1838

Transcript

Section 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.


Section 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.


Section 22. No person shall hold the office of Governor, 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.


Section 23. A State Treasurer, and Comptroller of Public Accounts, shall be elected by joint vote of both Houses of the General Assembly, at each regular session thereof.


_______________


ARTICLE IV.


Legislative Department.


 


Section 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 Assembly of the State of Florida," and the style of all the laws shall be "Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened."


Section 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.


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


Section 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.


Section 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.


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


Section 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.


Section 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.


Section 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.


Section 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.


Section 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