of the capital. And you are especially requested to arrest and remove from the capital those persons named in communication to Governor Walker. Respectfully yours, D. RICHARDS, President of Constitutional Convention, Florida. COLONEL F. F. FLINT, Commanding Post at Tallahassee. HEADQUARTERS POST OF TALLAHASSEE, Fla., SIR: I have the honor to acknowledge the receipt of your note of this date enclosing copy of a communication from you to Governor Walker, also of this date, and in reply have to inform you that I must decline to comply with your request. I am, sir, very respectfully, your obedient servant, Lieutenant-Colonel 7th United States Infantry, Commanding. MR. D. RICHARDS, Tallahassee, Fla. TALLAHASSEE, FLA., February 17, 1868. DEAR SIR: As President of the Constitutional Convention of Florida I feel it necessary to endeavor to enter upon the discharge of my duties at the earliest practicable moment after the forcible opposition is withdrawn from the hall in which we were to meet. As you indicated to our committee to-day that the organization now in possession of the hall "had no legal status, nor could get one," I can see no reason why the regularly organized convention should not be permitted to assemble tomorrow morning at the regular hour of meeting. Would be very glad to know your wishes on the subject. Most respectfully yours, D. RICHARDS, President of Convention. MAJOR-GENERAL GEORGE G. MEADE, Commanding Third Military District. The undersigned, being a majority of the delegates to the Constitutional Convention of the State of Florida, hereby assent and agree to the following propositions: 1. Richards to resign. 2. Jenkins to resign. Both to hand their written resignations to Secretary S. Conant. 3. S. Conant, Secretary, to call convention to order, and perform the duties of temporary chairman. 4. Election of President. Billings, Saunders, Pierce, and Richards to take their seats and vote on the question. 5. The whole convention to abide by action of majority on all and every question. HORATIO JENKINS, JR., President. T. W. OSBORNE, O. B. HART, Committee. TALLAHASSEE, FLORIDA, February 18, 1886. DEAR SIR: I enclose you herewith a proposition received this morning from that portion of the convention organized under the presidency of Mr. Jenkins. I have already advised you that I am satisfied, from the information obtained here, that it is entirely impracticable for you to obtain the quorum, twentyfour, necessary to give validity to the acts of the body over which you preside, and which up to February 1, the date of the withdrawal of the members, I consider as the regular organization. The withdrawal of these members, and the accession to thei, numbers sufficient to give them twenty-five elected membersr and their organization and refusal to return to your body or harmonize, except upon the terms here indicated, satisfy me that either the convention must be broken up, or must be reorganized so as to permit the majority to have its rightful influence. Under these circumstancies, I feel it my duty to appeal to your desire not to obstruct the discharge of the duties as signed to the convention, and deeming the enclosed proposition a reasonable compromise, to urge you to conform to it, with a view of harmonizing the unfortunate difficulties that have arisen, and thus restore peace and tranquility to the whole body. Very respectfully, your obedient servant, GEORGE G. MEADE, Maj. Gen. U. S. Army, Commanding Third Military District. D. RICHARDS, President Constitutional Convention. APPENDIX B. LAST CONSTITUTION FRAMED AFTER A NEW CON VENTION WAS ORGANIZED. Constitution of the State of Florida, framed by a convention of the people assembled at Tallahassee, on the 20th day of January 1868. PREAMBLE. We, the people of the State of Florida, grateful to Almighty God for our freedom, in order to secure its blessings and form a more perfect government, insuring domestic tranquility, maintaining public order, perpetuating liberty, and guaranteeing equal civil and political rights to all, do establish this Constitu tion. ARTICLE I. DECLARATION OF RIGHTS. SECTION 1. All men are by nature free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of its citizens, and they have the right to alter or amend the same whenever the public good may require it; but the paramount allegiance of every citizen is due to the Federal Government, and no power exists with the people of this State to dissolve its connection therewith. SEC. 3. This State shall ever remain a member of the American Union, the people thereof a part of the American nation, and any attempt from whatever source, or upon whatever pretence, to dissolve said Union, or to sever said nation, shall be resisted with the whole power of the State. SEC. 4. The right of trial by jury shall be secured to all and remain inviolate forever; but in all civil cases a jury trial may be waived by the parties in the manner to be prescribed by law. SEC. 5. The free exercise and enjoyment of religious profession and worship shall forever be allowed in this State, and no person shall be rendered incompetent as a witness on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to justify licentiousness or practices subversive of the peace and safety of the State. SEC. 6. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of invasion or rebellion, the public safety may require its suspension. SEC. 7. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment be inflicted, nor shall witnessess be unreasonably detained. SEC. 8. All persons shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident the presumption great. SEC. 9. No person shall be tried for a capital or otherwise infamous crime, except in cases of impeachment, and in cases of the militia when in active service in time of war, or which the State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, made under the regulation of the Legislature, unless on presentment and indictment by a grand jury; and in any trial by any court the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken without just compensation. SEC. 10. Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published from good motives, the party shall be acquitted or exonerated. SEC. 11. The people shall have the right to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievance. SEC. 12. All laws of a general nature shall have a uniform operation. SEC. 13. The military shall be subordinate to the civil power. SEC. 15. No soldier shall. in time of peace, be quartered in any house, except with the consent of the owner, nor in time of war, except in manner prescribed by law. SEC. 15. Representatives shall be apportioned according to population, as well as may be, but no county shall have more than four representatives and less than one representative in the assembly. SEC. 16. No person shall be imprisoned for debt except in case of fraud. SEC. 17. No bill of attainder, or ex post facto law, impairing the obligations of contracts, shall ever be passed. SEC. 18. Foreigners who are, or who may hereafter become, bona fide residents of the State, shall enjoy the same rights in respect to possession, enjoyment, and inheritance of property as native-born citizens. SEC. 19. Neither slavery or involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. SEC. 20. The right of the people to be secure in either person, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated, and no warrants issued but in probable cause; supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized. SEC. 21. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses to the overt act or confession in open court. This enunciation of rights shall not be construed to impair or deny others retained by the people. SEC. 22. The people shall have the right to bear arms in defence of themselves and of the lawful authority of the State. SEC. 23. No preference can be given by law to any church, sect or mode of worship. .ARTICLE II. BOUNDARIES The boundaries of the State of Florida shall be as follows. Commencing at the mouth of the River Perdido; from thence up the middle of said river to where it intersects the south boundary line of the State of Alabama on the thirty-first degree of north latitude; thence due east to the Chattahoochee river; thence down the middle of said river to its confluence with the Flint river from thence straight to the head of the St. Mary's river; thence down the middle of said river to the Atlantic Ocean; thence southeastwardly along the coast to the edge of the Gulf stream; thence southwestwardly along the edge of the Gulf stream and Florida reefs to and including the Tortugas islands; thence northwestwardly to a point five leagues from the |