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 FLORIDA

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FLORIDA

almost inaccessible recesses of the Everglades which their descendants occupy to this day.

Legislation Directly Affecting Religion. — Freedom of worship and liberty of conscience are by constitutional provision guaranteed in perpetuity to the citizens of Florida. The Declaration of Rights ordains (Sec. 5) : "The free exercise and enjoyment of religious profes- sion and worship shall forever be allowed m this State, and no person shall be considered 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 sub- versive of, or inconsistent with, the peace or moral safety of the state or society." The constitution fur- ther provides (Sec. 6) that no preference be given by law to any church or religious sect, and forbids the subvention of public funds in aid of any religious de- nomination or sectarian institution. Wilful mterrup- tion or disturbance of " any assembly of people met for the worship of God" is, through legislative enactment (Gen. Stat. 3547), a penal offence. The religious observance of Svmday is, by various prohibitory statutes, indirectly enjoined. All business pursuits "either by manual labor or with animal or mechanical power, except the same be work of necessity " are for- bidden on Sunday. Selling goods in open store, the employment of servants, except in ordinary house- hold duty and necessary or charitable work, and the discharge of fire-arms on Sunday are punishable of- fences. The printing and sale of newspapers is spe- cially exempted. Service and execution of writs on Sunday (suitable provisions obviating possible abuse of the statute being annexed) are declared null and void. By legislative act of 1905, certain games and sports, expressly baseball, football, bowling, and horse-racing, are prohibited on Sunday. All electors upon registering must testify under oath in form pre- scribed, that they are legally qualified to vote. All State officials, on assuming office, are required to take an oath of loyalty to the Federal and State consti- tutions and governments, of legal qualification for office, and of fidelity to duty. Testimony in the vari- ous courts is to be given under oath. The officials authorized to administer oaths are designated by stat- ute. The issuance of search-warrants is forbidden, except for probable cause, with specification of names and places and supported by oath (Dec. of Rights, 22) ; also all offences cognizable in Criminal Courts of Rec- ord are to be prosecuted upon information under oath (Constit., V, 28). By statutory provision (1731) a declaration in judicial form may in all cases be substi- tuted for an oath.

The days defined as legal holidays include Sunday, New Year's Day, Christmas Day, and Good Friday. The use of prayer in the Legislature is not sanctioned by legal provision, although it is customary to ap- point a chaplain and begin each session with prayer.

Against open profanity and blasphemy it is enacted (Gen. Stat. 3542) that " whoever having arrived at the age of discretion profanely curses or swears in any public street shall be punished by fine not exceeding five dollars". Heavier penalties are decreed against the use of indecent or obscene language, and liberal statutory provision exists for the safeguarding of pub- lic morality.

Churches, religious communities, charitable insti- tutions, and cemetery associations may become incor- porated by comiilying with the provisions of the gen- eral statutes rcgul.iling non-profitable corporations. Churches, church lots, parsonages, and all burying- grounds not held for speculative purposes are declared exempt from tiixatiun; property of literary, educa- tional, and charitable institutions actually occupied and used solely for the sj)eciHc purpo.ses indicated is likewise exempt. Ministers of the Gospel are by statute exempt from jury duty and military service. All regularly ordained ministers in communion with

some church are authorized to solemnize the rites of the matrimonial contract under the regulations pre- scribed by law. Marriages of whites with negroes or persons of negro descent to the fourth generation (one-eighth negro blood) are forbidden. The pro- hibited degrees, besides the direct line of consan- guinity, include only brother and sister, uncle and niece, nephew and aunt. Continuous absence of either spouse over sea or continual absence for three years following voluntary desertion, with presumption of demise, gives the other spouse legal right to remarry. The statutory grounds for divorce are: consanguinity within the degrees prohibited by law, natural impo- tence, adultery not connived at or condoned, extreme cruelty, habitual indulgence in violent and ungovern- able temper, habitual intemperance, wilful, obstinate, and continued desertion for one year, divorce pro- cured by defendant in another state or country, and bigamy. To file a bill of divorce two years' residence (the cause of adultery excepted) is conditional. Sepa- ration a mensa et toro is not legally recognized ; every divorce is a vinculo. Special personal and local di- vorce legislation is unconstitutional.

State aid is prohibited denominational schools. The law directs every teacher "to labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and to embrace every opportunity to inculcate, by precept and by example, the principles of truth, honesty and patriotism, and the practice of every christian virtue". The benevolent institutions maintained by the State include an insane asylum situated at Chattahoochee, a school for the blind, deaf, and dumb at St. Augustine, and a reform school for youthful delinquents at Marianna. A Con- federate Veterans' Home at Jacksonville receives an annual appropriation. Each county cares for its in- digent and needy infirm. While financial support is denied, ample provision for incorporation is afforded religious charitable institutions. The constitution orders the establishment and maintenance of a State prison, which is not at present permanently located. Convicts are leased through contractors to turpentine and phosphate operators. Over these convicts the State retains surveillance through supervisors ap- pointed by the governor. The law provides also for the appointment and remuneration of a chaplain for state convicts. On 1 January, 1906, there were 1234 state prisoners, 90 per cent of whom were coloured, distributed through 33 convict camps.

The constitution gives to each county the privilege of local option to permit or prohibit the sale of liquor. In a majority of the counties prohibition prevails. Where permitted, the manufacture and sale of intoxi- cating liquor are regulated by State, county, and muni- cipal licence laws. Conveyance of real and personal property by will is restricted only by conditions of soundness of mind and age requirement of twenty-one years on part of the testator. There appear to be no Supreme Court decisions referring to bequests for Masses and charitable purposes or to the seal of con- fession, but the attitude of both bench and bar in the State has in these matters been ever above suspicion of anti-Catholic bias or partiality.

Fairbanks, History of Florida (Jacksonville, 1901); Idem. History of SI. Augustine (New York, 1858); Shea, Catholic Missions (New York, 1857); Idem. History of the Catholic Church in the United States (New York, 1886-92); Gatschet. A Minration of the Creek Indians (Philadelphia, 1884); Idem, The Timuqun Laufiuaffe in Proceedings of Am. Phil. Soc. (Philadel- phia), XVI (1877), 627; XVII (1878), 490; XVIII (1880), 465; LowERY, The Spanish Settlements (New York, 1901-05); Irv- ing, The Cimqnesl of Florida (Philadelphia, 1835); Brinton, Note.ion Ihr Fliiridiai, Prninmila (Philadelphia. 1S591; Udmans, A Crmcisv A'olural llixl.,r,, „f Fiixl iin.t W.^t Fh.ridi, (Ni-w York, 1775); HllKVAlll., l/ixl,.ni,n,d(:,„;T„„u,il of Florid,, (Nc'w Yi.rk. 1904); Dkwih.iist. 77,. ■ Jlislon, „f SI. .1 „„„»/,»,■ (Ni-w Ycirk, 1881); (Urroi.i,, ll,.-.l„ri,;d follrrliunx ../ SoiilU Caroliim (New York, 18H6): H.ki-iiknm, //,W..r:/ ../ Ilr„r,i,„ (N.'w York, 1847); Wallace, CV,,-,.,/ H,„i liidr ,„ Fh.ndn (.la.'ks.mville, 1888); YocUM, Civil <;,m-rnmr„l in Fl„nd„ (Dcland, 1905); Wil- liams. Florida (New York, 1837); Fiske. The Discovery of