USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 9
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Sec. 3. And be it further ordained, That parole tes- timony shall be admissible in all courts of law and equity in this State, to show the consideration of all unexecuted contracts made and entered into since the passage of the ordinance of secession, and the value of the same, and also to show whether it was the inten- tion of the contracting parties that the money called for by said contracts was to be paid in specie or in a par- ticular currency.
Mr. Saffold moved to take up the message of His Excellency the Provisional Governor, and that the same be referred to the committee of sixteen, which was agreed to.
Mr. Ridley of Troup, from the committee of sixteen, moved that said committee be allowed to appoint a clerk.
Agreed to.
Mr. Lemuel J. Allred, of the county of Pickens, was duly qualified as assistant Messenger to the Convention.
Mr. Doyal introduced the following ordinance and moved that it be referred to the committee of sixteen :
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AN ORDNINACE.
For the exemption of certain property from levy and sale.
Be it ordained by the people of Georgia, in conven- tion assembled, That the following property of every debtor who is the head of a family, shall be exempt from levy and sale, by virtue of any process under the law of this State; and the same shall remain for the use and benefit of the family of such debtor, to-wit: one hundred acres of land, including the dwelling house and other improvements; provided, the said land shall not derive its chief value from any other cause than its adaption to agricultural purposes; or in lieu of the above land, real estate in any city, town or village, not exceed- ing three hundred dollars in value. Two horses or mules. two cows and calves, twenty head of hogs, and provis- ions for the family for twelve months; all of his or her household and kitchen furniture and plantation tools; one loom, two spinning wheels, two pair of cards and one hundred pounds of lint cotton; cooking utensils, com- mon tools of trade, of himself and family, one buggy or carriage, one wagon and harness, the libraries of pro- fessional men, wearing apparel of himself and family, family Bible and religious and school books, and family portraits, and such other property as the Legislature may prescribe. Every debtor claiming the benefit of this ordinance shall make out a schedule of the property so exempted, and have the same recorded in the office of the Clerk of the Superior Court, and when the sched- ule is so filed the onus shall be on the creditor to show that the debtor owns other property than that named in said schedule.
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If the debtor shall own more land or real estate than is exempted by this ordinance, the rule for ascertaining, surveying and setting apart the same shall be that pre- scribed by the present Code of Georgia.
Any officer levying and selling, or any creditor point- ing out any property exempt from levy and sale under this ordinance, knowing the same to be exempt, shall be guilty of a trespass; and the debtor may institute an action and recover from said levying officer or creditor double the value of the property so levied on and sold.
The debtor shall have no power to alienate or en- cumber any of the property exempt under this ordinance, but the same may be sold under an order of the presid- ing Judge of the Superior Court of the Circuit where the property may be and the proceeds thereof invested in other property, or appropriated to the use of the family of said debtor; and the said judge shall have the power, and it shall be his duty to pass such order, either at chambers or in term, as will effectually secure said property so exempted to the use and benefit of the fam- ily of the debtor; and at the death of said debtor said property so exempted under this ordinance shall be for the use of the wife, if any, during her natural life, and at her death to be equally divided between her children under the age of eighteen years, if any, if not, to chil- dren over that age, or on failure of children, to the next of kin.
On motion of Mr. Cochran, it was after being read the second time, laid on the table.
Hon. Lewis Solomon, delegate elect from the county of Twiggs, appeared and was duly qualified.
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On motion of Mr. Cohen, the Convention took a re- cess until 3:30 o'clock this evening.
3:30 O'Clock, P. M.
The Convention re-assembled at the hour appointed.
Mr. Howard of Bartow, introduced the following or- dinance :
AN ORDINANCE.
To prevent the levy or sale of the property of debtors until the adjournment of the next Legislature.
Be it ordained by the people of Georgia, in Conveni- tion assembled, That there shall be no levy or sale of property of debtors under any execution, precept or or- der, except where debtors have or are absconding, or re- moving, or about to remove without the limits of any county, until the adjournment of the next Legislature.
2. Be it further ordained, That any officer, or other person, violating this ordinance, shall be liable to be punished by fine at the discretion of the Superior Court.
This ordinance was read second time, and referred to a special committee of three, composed of Messrs. Par- rott, Floyd and Hill of Morgan.
Mr. Luffman of Murray, introduced the following ordinance :
AN ORDINANCE.
To declare void certain liabilities of indebtedness, created by the State of Georgia, since the 1st day of Janu- ary, 1861.
Be it therefore ordained by the State of Georgia in
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Convention assembled, That all State securities and lia- bilities of indebtedness, of whatever character that may have been created by the State, to aid in the prosecution, directly or indirectly, of the late war against the United States of America, be, and the same are, hereby declared void.
Mr. Blance, of Polk, moved to lay it on the table for the balance of the session.
Mr. Shockley, of Columbia, moved to refer this ordi- nance to the committee of sixteen.
Mr. Wright of Coweta, moved to refer to a select committee of seven.
Mr. Blance withdrew his motion to lay on the table, and Mr. Shockley having withdrawn his motion, it was renewed by Mr. Hansell, and the ordinance was referred to the committee of sixteen.
Mr. Jenkins, Chairman of the committee of sixteen, reported two articles of the Constitution, which were read the first time, and were as folows:
THE CONSTITUTION
OF THE
STATE OF GEORGIA.
ARTICLE I.
DECLARATION OF RIGHTS.
1. Protection to person and property is the duty of government.
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2. No person shall be deprived of life, liberty or property, except by due process of law.
3. The writ of habeas corpus shall not be suspended unless in case of rebellion, or invasion, the public safety may require it.
4. A well regulated militia, being necessary to the security of the State, the right of the people to keep and bear arms, shall not be infringed.
5. Perfect toleration of religious sentiment, be and the same is hereby secured, and no inhabitant of said State shall ever be molested in person or property, on account of his or her mode of religious worship.
6. Freedom of speech and freedom of the press are inherent elements of political liberty. But while every citizen may freely speak or write, or print on any sub- ject, he shall be responsible for the abuse of the liberty.
7. The right of the people to appeal to the courts, to petition government on all matters of legitimate cog. nizance and peaceably to assemble for the consideration of any matter of public concern shall never be impaired.
8. Every person charged with an offense against the laws of the State shall have the privilege and benefit of counsel, shall be furnished on demand with a copy of the accusation, and a list of the witnesses on whose testi- mony the charge against him is founded; shall have compulsory process to obtain the attendance of his own witnesses; shall be confronted with the witnesses testi- fying against him, and shall have a public and speedy trial by an impartial jury.
9. No person shall be put in jeopardy of life or lib-
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erty more than once for the same offence, save on his or her own motion for a new trial after conviction or in case of mistrial.
10. No conviction shall work corruption of blood or general forfeiture of estate.
11. Excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punishments inflicted.
12. The power of the courts to punish for contempt shall be limited by legislative acts.
13. Legislative acts in violation of the Constitution are void, and the judiciary shall so declare them.
14. Ex post facto laws-laws impairing the obliga- tion of contracts, and retroactive laws injuriously affect- ing any right of the citizen, are prohibited.
15. Laws shall have a general operation, and no gen- eral law affecting private rights shall be varied in any particular case by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person being under a legal disability to contract, is capable of such free consent.
16. The power of taxation over the whole State shall be exercised by the General Assembly only to raise reve- nue for the support of the government, to pay the public debt, to provide for the common defense, and for such other purposes as the General Assembly may be spe- cially required or empowered to accomplish by this Con- stitution. But the General Assembly may, by statute, grant the power of taxation for designated purposes, with such limitations as they may deem expedient, to
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county authorities, and municipal corporations, to be exercised within their several territorial limits.
17. In cases of necessity, private ways may be granted upon just compensation being first paid; and with this exception private property shall not be taken, save for public use, and then only on just compensation to be first provided and paid, unless there be a pressing, unforeseen necessity; in which event the General Assem- bly shall make early provision for such compensation.
18. The right of the people to be secure in their per- sons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no war- rant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place or places to be searched, and the persons and things to be seized.
19. The person of a debtor shall not be detained in prison, after delivery, for the benefit of his creditors of all his estate, not expressly exempted by law from levy and sale.
20. The Government of the United States having, as a war measure, proclaimed all slaves held or owned in this State, emancipated from slavery, and having car- ried that proclamation into full practical effect, there." shall henceforth be, within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime, after legal conviction thereof; Provided, this acquiescence in the action of the Government of the United States, is not intended to operate as a relinquish- ment, waiver or estoppel of such claim for compensation of loss sustained by reason of the emancipation of his .
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slaves, as any citizen of Georgia may hereafter make upon the justice and magnanimity of that Government.
21. The enumeration of rights herein contained is a part of this Constitution, but shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
ARTICLE II.
SECTION 1.
1. The Legislative, Executive and Judicial Depart- ments, shall be distinct; and each Department shall be confided to a separate body of magistracy. No person, or collection of persons, being of one Department, shall exercise any powers properly attached to either of the others, except in cases herein expressly provided.
2. The legislative power shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, the members whereof shall be elected and returns of the elections made in the manner now pre- scribed by law, (until changed by the General Assembly) on the 15th of November in the present year, and bien- nially thereafter on the first Wednesday of October, to serve until their successors shall be elected; but the Gen- eral Assembly may, by law, change the day of election.
3. The first meeting of the General Assembly, under this Constitution, shall be on the first Monday in Decem- ber next, after which, it shall meet annually on the first Thursday in November, or on such other day as the General Assembly may prescribe. A majority of each house shall constitute a quorum to transact business, but
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a smaller number may adjourn from day to day and com- pel the attendance of its absent members, as each Honse may provide. No session of the General Assembly, after the first above mentioned shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof.
4. No person holding any military commission, or other appointment, having any emolument or compensa- tion annexed thereto, under this State or the United States, or either of them, (except Justices of the Inferior Courts, Justices of the Peace, and officers of the militia) nor any defaulter for public money, or for any taxes re- quired of him, shall have a seat in either branch of the General Assembly; nor shall any Senator or Representa- tive after his qualification as such, be elected by the General Assembly, or appointed by the Governor with the advice and consent of two-thirds of the Senate, to any office or appointment having any emolument or com- pensation annexed thereto, during the time for which he shall have been elected.
5. No person convicted of any felony, before any court of this State, or of the United States, shall be eligible to any office, or appointment of honor, profit or trust, within this State, until he shall have been par- doned.
6. No person who is a collector or holder of public money, shall be eligible to any office in this State, until the same is accounted for and paid into the treasury.
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SECTION 2.
There shall be forty-four Senatorial Districts in the State of Georgia, each composed of three contiguous counties, from each of which districts one Senator shall be chosen, until otherwise arranged, as hereinafter pro- vided.
The said districts shall be constituted of counties as follows :
The First District shall consist of the counties of Chatham, Bryan and Effingham.
The Second, of Liberty, Tattnall and McIntosh.
The Third, of Wayne, Pierce and Appling.
The Fourth, of Glynn, Camden and Charlton.
The Fifth, of Coffee, Ware and Clinch.
The Sixth of Echols, Lowndes and Berrien.
The Seventh, of Brooks, Thomas and Colquitt.
The Eighth, of Decatur, Mitchell and Miller.
The Ninth, of Early, Calhoun and Baker.
The Tenth, of Dougherty, Lee, and Worth.
The Eleventh, of Clay, Randolph and Terrell.
The Twelfth, of Stewart, Webster and Quitman.
The Thirteenth, of Sumter, Schley and Macon. The Fourteenth, of Dooly, Wilcox and Pulaski. The Fifteenth, of Montgomery, Telfair and Irwin. The Sixteenth, of Laurens, Johnson and Emanuel. The Seventeenth, of Bulloch, Sereven and Burke.
The Eighteenth, of Richmond, Glascock and Jeffer- son.
The Nineteenth, of Taliaferro, Warren and Greene.
The Twentieth, of Baldwin, Hancock and Washing- ton.
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The Twenty-First, of Twiggs, Wilkinson and Jones. The Twenty-Second, of Bibb, Monroe and Pike.
The Twenty-Third, of Houston, Crawford and Taylor.
The Twenty-Fourth, of Marion, Chattahoochee and Muscogee.
The Twenty-Fifth, of Harris, Upson and Talbot.
The Twenty-Sixth, of Spalding, Butts and Fayette. The Twenty-Seventh, of Newton, Walton and Clarke. The Twenty-Eighth, of Jasper, Putnam and Morgan. The Twenty-Ninth, of Wilkes, Lincoln and Columbia. The Thirtieth, of Oglethorpe, Madison and Elbert. The Thirty-First, of Hart, Franklin and Habersham. The Thirty-Second, of White, Lumpkin and Dawson. The Thirty-Third, of Hall, Banks and Jackson.
The Thirty-Fourth, of Gwinnett, DeKalb and Henry. The Thirty-Fifth, of Clayton, Fulton and Cobb.
The Thirty-Sixth, of Meriwether, Coweta and Camp- bell.
The Thirty-Seventh, of Troup, Heard and Carroll. The Thirty-Eighth, of Haralson, Polk and Paulding. The Thirty-Ninth, of Cherokee, Milton and Forsyth. The Fortieth, of Union, Towns and Rabun.
The Forty-First, of Fannin, Gilmer and Pickens.
The Forty-Second, of Bartow, Floyd and Chattooga. The Forty-Third, of Murray, Whitfield and Gordon. The Forty-Fourth, of Walker, Dade and Catoosa.
If a new county be established, it shall be added to a district which it adjoins. The Senatorial Districts may be changed by the General Assembly, but only at the first session after the taking of each new census by the United States Government, and their number shall never be in- creased.
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2. No person shall be a Senator who shall not have attained to the age of twenty-five years and be a citizen of the United States, and have been for three years an inhabitant of this State.
3. The Presiding officer shall be styled the President of the Senate and shall be elected viva voce from their own body.
4. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose they shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than removal from office, and disqualifica- tion to hold and enjoy any office of honor, profit, or trust, within this State; but the party convicted shall, never- theless, be liable and subject to indictment, trial, judg- ment and punishment according to law.
.
SECTION 3.
1. The House of Representatives shall be composed as follows: the thirty-seven counties having the largest prepresentative population shall have two Representa- tives each. Every other county shall have one Repre- sentative. The designation of the counties having two Representatives shall be made by the General Assembly immediately after the taking of each census.
2. No person shall be a Representative who shall not have attained the age of twenty-one years, and be a citi- zen of the United States, and have been for three years an inhabitant of this State, and for one year a resident of the county which he represents.
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3. The presiding officer of the House of Representa- tives shall be styled the Speaker, and shall be elected viva voce from their own body.
4. They shall have the sole power to impeach all persons who have been or may be in office.
5. All bills for raising revenue or appropriating money, shall originate in the House of Representatives; but the Senate may propose or concur in amendments, as in other bills.
SECTION 4.
1. Each House shall be the judge of the election re- turns and qualifications of its own members; and shall have power to punish them for disorderly behavior or misconduct, by censure, fine, imprisonment or expulsion ; but no member shall be expelled except by a vote of two- thirds of the House from which he is expelled.
2. Each House may punish, by imprisonment not extending beyond the session, any person not a member, who shall be guilty of a contempt, by any disorderly be- havior in its presence; or who, during the session, shall threaten injury to the person or estate of any member, for anything said or done in either House; or who shall assault any member thereof; or who shall assault or arrest any witness going to or returning therefrom; or who shall rescue, or attempt to rescue, any person ar- rested by order of either House.
3. The members of both Houses shall be free from arrest except for treason, felony, or breach of the peace, during their attendance on the General Assembly, and in going to and returning therefrom; and no member shall
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be liable to answer in any other place for anything spoken in debate in either House.
4. Each House shall keep a Journal of its proceed- ings, and publish them immediately after its adjourn- ment. The yeas and nays of the members on any ques- tion shall, at the desire of one-fifth of the members pres- ent, be entered on the Journals. The original Journals shall be preserved (after publication) in the office of the Secretary of State; but there shall be no other record thereof.
5. Every bill, before it shall pass, shall be read three times, and on three separate and distinct days in each House, unless in cases of actual invasion or insurrection. Nor shall any law or ordinance pass, which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
6. All Acts shall be signed by the President of the Senate and Speaker of the House of Representatives; and no bill, ordinance or resolution, intended to have the effect of law, which shall have been rejected by either House shall be again proposed under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
7. Neither House shall adjourn for more than three days, nor to any other place, without the consent of the other; and in case of disagreement between the two Houses, on a question of adjournment, the Governor may adjourn them.
8. Every Senator and Representative, before taking his seat, shall take an oath or affirmation to support the Constitution of the United States and of this State; and
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also, that he hath not practiced any unlawful means, either directly or indirectly, to procure his election. And every person convicted of having given or offered a bribe, shall be disqualified from serving as a member of either House for the term for which he was elected.
9. Whenever this Constitution requires an Act to be passed by two-thirds of both Houses, the yeas and nays on the pasage thereof, shall be entered on the Journals of each.
SECTION 5.
1. The General Assembly shall have power to make all laws and ordinances consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
2. They may alter the boundaries of counties, and lay off and establish new counties; but every bill to estab- lish a new county shall be passed by at least two-thirds of the members present, in each branch of the General Assembly.
3. The General Assembly shall have power to appro- priate money for the promotion of learning and science. and to provide for the education of the people.
4. The General Assembly shall have power, by a vote of two-thirds of each branch, to grant pardons in cases of final conviction for treason, and to pardon or commune after final conviction in capital cases.
5. It shall be the duty of the General Assembly to make laws to protect and govern free persons of color;
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providing in what cases their testimony shall be received; to regulate their transactions with citizens; to regulate or prohibit their immigration into this State from other States of the Union, or elsewhere; to confer jurisdiction upon courts now existing, or that may hereafter be by them created, in criminal cases, excepted from the exclu- sive jurisdiction of the Superior Court, and in civil cases whereto persons of color are parties, and at its next ses- sion, and thereafter as the public welfare may require, to provide by law for the protection and security of the persons and property of the freedom of this State, and guard them and the State against any evil that may arise from their sudden emancipation.
SECTION 6.
·
1. The General Assembly shall have no power to grant corporate powers and privileges to private com- panies, except to banking, insurance, railroad, canal, plank road, navigation, mining, express, lumber, manu- facturing, and telegraph companies; nor to make or change election precincts; nor to establish bridges and ferries ; nor to change names, or legitimate children; but shall by law prescribe the manner in which such power shall be exercised by the Courts. But no bank charter shall be granted or extended, and no Act passed author- izing the suspension of specie payment by any chartered bank, except by a vote of two-thirds of both branches of the General Assembly.
2. No money shall be drawn from the Treasury of this State, except by appropriation made by law; and a regular statement and account of the receipt and expend-
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iture of all public money shall be published from time to time.
3. No vote, resolution, law, or order shall pass grant- ing a donation or gratuity in favor of any person, ex- cept by the concurrence of two-thirds of the General As- sembly.
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