of the United States, according to the provisions of this act. Each Senator and Representative was to take and subscribe an oath of past loyalty to the United State, unless relieved from disability as provided in the third section of Article XIV of Amendment. It was declared that the exclusion of any person from participating in these proceedings, upon the ground of race, color or previous condition of servitude, would be illegal and revolutionary. No person refusing to take the oath was to be admitted, and any one falsely taking the same was to be deemed guilty of perjury, and was to suffer the pains and penalties thereof, upon conviction in the Circuit Court of the United States for the district in Georgia where the offense might be committed. The ratification of the Fifteenth Article of Amendment to the Constitution of the United States was also required as a condition precedent to admission to representation in Congress. This requirement was complied with by both Houses on the 2d of February, 1870, by a vote of 25 to 9 in the Senate and of 75 to 29 in the House. By "An act relating to the State of Georgia," passed by both Houses of Congress, without a division, on the 14th of July, 1870, upon the report of a Committee of Conference, and approved the next day by the President, it was declared that the State of Georgia, having complied with the Reconstruction acts of Congress, and having adopted the XIVth and XVth Articles of Amendment, was entitled to representation in Congress; but nothing in this act was to be construed to deprive the people of Georgia of the right to an election for members of the General Assembly, as provided for in the Constitution of that State, or to affect the term to which any officer had been appointed or any member of the General Assembly had been elected 13. Writ of habeas corpus. 14. Right to bear armsprescribe manner. General Assembly may 15. Punishment of frauds to be provided by law. 16. Excessive bail and fines - cruel punishments-persons under arrest not to be abused. 17. Contempt of court- power of punishment to be limited. 18. No imprisonment for debt. 19. Prosecutions for libel - truth may be given in evidence-jury to determine the law and the facts. 20. Private ways to be granted upon payment. 21. Penalties proportioned to offense. 22. Whipping prohibited as a punishment. 23. Lotteries, and sale of lottery tickets, forbidden. 24. Conviction not to work corruption of blood -forfeitures for treason limited. 25 Treason defined - how proved. 26. Laws to be general -not to be varied in any particular case without consent of all persons affected. classes excluded. 8. Sale of liquors on election days prohibited. 9. Election returns, how made. 10. Laws to be enacted for protection to electors. 11. Elections, when to be held. ARTICLE III. — Legislative. - elec 1. I. Legislative power, how vested tion and return of members. II. Senators-term classes-members of House term election, when held -may be changed by law. III. First meeting of General Assemblyannual meetings - quorum - limit of sessions. IV. Persons ineligible members may not be elected to other officers during their term. V. Removal from district to vacate seat. 2. I. Present Senatorial Districts-new cour. ties, how assigned re-apportion ment. SECTIONS 4. I. Powers of cach House - may punish or expel members. II. Power to punish persons not members. III. Privilege of members— freedom of legisJative debate. IV. Journal yeas and nays-original journals. V. Passage of bills to contain but one subject, and this to be expressed in title. VI. Signature of bills, ordinances and resolutions - when rejected not to be again offered at same session. VII. Adjournments-Governor may adjourn in case of disagreement as to time. VIII. Officers of the two Houses-pay to be fixed by law. IX. Yeas and nays where a two-third yote is required votes on confirmation or rejection for office to be recorded. X. Oaths of Senators and Representatives. 5. I. General Assembly may make laws consistent with Constitution of State and United States. II. Power to alter boundaries of counties new counties-vote of two-thirds -ratification by voters. II. - 6. I. Money to be drawn from treasury only by law receipts and expenditures. Douations or gratuities in favor of any person to be by two-thirds vote not allowed for sectarian corporations. III. Laws not to be amended by title or number of section in Code - ncts amending or repealing to be fully given this to be directory only. IV. Laws not to compel any citizen to become, directly or indirectly, a stockholder in any public work or improvement-exception corporate authorities may be allowed to take stock. V. Corporate powers limited to certain private companies - general laws restriction upon banking - State credit limited- necessity of Gover nor's signature to be waived only when veto is not sustained. VI. Veto power-bills to be returned within five days may disapprove of some appropriations in bills without affecting others passage over veto. VII. Governor to approve votes, resolutions or orders of concurrence. IV. 3. I. Case of disagreement of two judges. II. Jurisdiction of Superior Courts - other IV. Terms of Superior Court. 4. I. A District Judge and District Attorney in each Senatorial District. II. Jurisdiction of District Judges - of Attorneys. III. Terms of District Courts. IV. Trial before District Judges - written accusation on affidavit. V. Jury trials when had before District VI. Civil jurisdiction of District Judge. VII. Terms of District Judges and Attorneys -pay not to depend upon fees or 6. I. Justices of Peace-number-term. II. Jurisdiction of Justices of Peace. III. Appeals to jury from decisions of a Justice of Peace restricted. IV. Notaries Public-ex officio Justices of Peace. 7. I. Attorney-General-term. II. Legal adviser of Executive Department -to represent State in civil and criminal cases. 8. I. Solicitor-General for cach Judicial Circuit-term. II. Duty of Solicitor-General. 9. I. Appointment of Judges, Attorney-General, Solicitor-General, and District Judges and Attorneys-removal. II. Justices of Peace elected - removal. 10. I. Salaries of judicial officers-not to be increased or diminished during term -to receive no other perquisites. Apportionment of compensation-moneys arising from fines and forfeitures. III. Qualification of Judges and Attorney II. General. 11. I. Divorces, when granted-jury to determine the rights of parties. 12. I. Divorces, where tried. II. Criminal cases, where tried-venue. III. Title of land, where tried. IV. Equity cases where tried. V. Suits in case of promissory notes or like instruments. Selection of jurors-no distinction be tween classes who compose grand and petit juries -pay of jurors. VIII. Secretary of State-Comptroller-General 14. Inferior Courts abolished- business, how Treasurer- Surveyor-General any two may be consolidated. IX. Great Scal, when to be used. X. Governor may appoint two secretaries. transferred. SECTIONS. 17. Disapproved in part by Congress.] I. Jurisdiction in cases of contract before certain date-exceptions-debts for slaves or slave hire void. II. Debts made in aid of rebellion declared illegal and void — proceedings in case of. III. Tax assessed upon certain debts-judgments on causes of action-proviso. ARTICLE VI. - Education. I. Thorough system of general education to be provided-free to all. II. State School Commissioner-appoint ment-term-salary-office. III. [Disapproved by Congress.] Poll tax. ARTICLE VII. - Homestead and Exemption. 2. I. Value exempted from execution. -exceptions. II. Property of married women. ARTICLE VIII. - Militia. 1. Persons liable to military duty-to be organized, armed and disciplined. 2. Volunteer companies. 3. Exemptions from military duty. ARTICLE IX. — County Officers. County officers continued until changed by law-terms- how removed. ARTICLE X.-Seat of Government.. I. Fixed at Atlanta-buildings to be erected. II. Temporary removal in case of invasion, pestilence or other emergency. ARTICLE XI.-Laws of General Operation in I. Constitution, laws and treaties of United II. This Constitution as next in authority. III. Certain legislative acts and codes-common law acts formerly passed and not repealed or expired. IV. Local and private acts not inconsistent with the supreme law, subject to judicial decision and limitation - terms. V. Vested rights and privileges, unless attached for fraud or otherwise declared invalid. VI. Records and proceedings of courtsfinal judgments, decrees, proceedings and acts-proceedings not fill to continue proviso and restrictions. VII. Books, papers and proceedings of Inferior Courts of County Courts- un finished business. VIII. Cases pending and judgments had in City X. These acts of confirmation not to divest XI. Continuance of officers in case the Constitution is adopted. XII. Ordinances on first election, and first General Assembly to have force of laws. ARTICLE XII. - Amendments to the Constitution. May be amended by two-thirds of two suc cessive Legislatures to be ratified by voters- Convention. PREAMBLE. We, the people of Georgia, in order to form a permanent Government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the author of all good government, do ordain and establish this Constitution for the State of Georgia. ARTICLE I. DECLARATION OF FUNDAMENTAL PRINCIPLES. SECTION 1. Protection to person and property is the paramount duty of government, and shall be impartial and complete. § 2. All persons born or naturalized in the United States, and resident in this State, are hereby declared citizens of this State, and no laws shall be made or enforced which shall abridge the privileges or immunities of citizens of the United States, or of this State, or deny to any person within its jurisdiction the equal protection of its laws. And it shall be the duty of the General Assembly, by appropriate legislation, to protect every person in the due enjoyment of the rights, privileges and immunities guaranteed in this section. |