The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-09-16
The Constitution of Georgia.
H'0nl U,e ~ y Tribune.


On examination of the Constitution of the
State OF Georgia, we find the legal aspects of
the question whether colored men have the
right to hold office under that Constitution to
be as follows:-The present Constitution con-
tsins no clause expressly defining who shall
or who shall not hold office, except provisions
that persons convicted of treason, embezzle-
m 'nt OF public funds, malfeasance in Office or
bribery, and felons, idiots and insane persons,
and persons guilty of dueling, shall not hold
office. Ii these clauses stood alone any
fair court would be compelled to infer
from the careful exclusion of so many
classes from holding Office, and from the
failure to include colored men in the excluded
class, that colored men had the right to hold
office. The Constitution contains the usual
clause that leach House shall be the Judge of
the elections, returns, and qualifications of
It's members" Its clause relative to fran
chlse and elections makes every male adult
person born in the United States, or natural
lied, or who has declared his intention to be-
come Citizen an elector, subject to certain
qualifications of residence and oaths.
The clause, however, under which all the
Democratic and few Of the Republican mem
bers have united in declaring blacks ineligible
TO 0t1ce, and in ejecting the twenty five col
ored members from the State Legislature, is
the followipg:-
T.. Article Al; The laws of general operation in
lolce IN Jhis State are:
Il; AS the Supreme Law-The Constitution of
me United states, the laws OF the United States
III pursuance thereof and all treaties made
under The authority OF the United States.
IL. And next in authority thereto This Con-
iii. In subordination TO the foregoiug-Au
aciS passed by any legislative body sitting in
inns slate as such, since the l9th day of Janu-
sry, 1861, including that body of laws known as
me Cooe OF Geo giG and the acts amendatory
lhefeot as passed since that tlme-Which said
Goue anu acts ere embodied in the printed book
known as lrwn's Code; and also so much of the
common and ttatuie laws of England and OF
the statute laws OF Georgia as We're in force in
tins state on the 10Th day OF December 1860 as
are not superseded by said code, though not
embodied therein, except so much of the said
keVel6! statutes, codes ana laws as NAV be / NJ
consistent with the supreme law herein recog.
MED, or may have been passed in aid of the
late Rebellion against the United States, or
may be obsolete or may refer to persons held
IA slavery, which excepted laws are imperative
According to the above, the old Constitution
and laws of Georgia in force prior to the seces-
sion of the State, and even the Rebel Consti-
tuition and laws in force during the Rebellion
are still in force, except so far as they conflict
with the Constitution Of the United States, or
with the new Constitution of Georgia, or with
the laws OF Congress. We have examined
carefully the Constitution adopted in l798
and il force down to the year 1860, and it
makes no distinction of color, either as
respects holding office or voting. Voting is
founded on citizenship only. We have not
at hand the lrwin's code referred to in the
above clause, but our correspondents state
unqualifedly that it contains no such clause.
II is most improbable that any provision ex-
cludiDg negroes from holding Office should
have been adopted during the Rebellion, when
nOne such had existed from 1898 down to
1861 and when the Rebellion was founded on
slavery and excluded the negro even from
the citizenship. 1t seems to be plain, there
fore, that the Democratic party in Georgia
have inferred that negroes were constitution
ally excluded from holding office prior to and
during the Rebellion on account of their color.
This Inference is wholly unfounded. They
were excluded only because they were not
citizens. They have now become citizens.
No constitution of the State ever excluded
them on account of color. Therefore the only
exclusion under which they ever rested has
hean ramovad and tha vote of axnulaion ID