Savannah morning news. [volume] (Savannah) 1868-1887, 1885-08-10
GEORGIA CONSTITUTIONS.
AN INTERESTING ACCOUNT OF
THEIR MERITS AND DEMERITS

COionists-M eestng OF the Constitu-
tional Convention of 1877 at savan 2
nah-The Various Changes from That
Timo to the Present Day-The Wise
Restrictions In the Constitution OF
1877 Against state and Municipal
Credit.
The following paper was read by Judge
Reese, of Washington, Ga, at the meet
ing of the Georgia Bar Association last
week at Atlanta:
To the student Of history none ofits pages
are more interesting than taose Nhlcn
describe the planting Of colony ana
its subsequent rise TO the condition OF a lIee
State. It's contests for existence, win
Ravages without and uuruly members
within, with pestilence, famine ana ais
sisters Of every kind excite our syinpa-
fbjes. alarm our fears, and stir our admi-
ration. Take the history of the colony OF
Georgia, az sketohed by the historian
Homes. from its planting in ll33 until II
became one Of the thirteen independent
States. and where do we find sceues more
soul-stirring? So to the student OF poll
tics and law, the struggles from l'ii 10
1871 OF the people OF Georgia TO establish
constitution which would exist tor ages,
is subject of the prOioundest interest.
In these struggles we see how much has
been lost and won from age to age; how
much the passions and preiudices Of the
hour have impressed themselves on con
situations rs well Re laws; how slowly
and with what reyerses from time to time
truth has progressed, and how TAR we are
to-day from the solid foundations OF WIS
dom. justice, and moderation.
IN order that you may not consider TINS
picture Oyerdrawn, l invite you TO an
analysis of the eight constitutions winch
10 On ham oHonfpH In this Stale.
In the year 1777 a convention OF the
people of Georgia. composed Of delegates
from 10 parishes and the towns OF
Savannah and SunbuTy, met In the town
of Savannah and adopted the first regular
constitution for the state OF Georgia. l
say ''the first regular constitution" be
cause the form of government adopted by
the provincial Congress in the year pre-
cedlng could not properly be called "A
constitutional was merely military
government, improyised to meet the
emergency Of the times.
In the constitution of l777 there was no
separate article embracing an enumera-
ton OF principles, called in modern con-
situations ''the bill of rights" Four
brief sections in il constitute the declara-
tiou of fundamental principles" They
are as follows:
Excessive bail shall not be demanded,
nor excessive fines imposed The prnci-
pies OF the habeas corpus act shall be
part Of this constitution. Freedom OF the
press and trial by jury shall forever re-
main inviolate. No clergyman Of any de-
nom nation shall be allowed seat In the
legislature"
The constitution of 1883. succeeding
that of l777, is the first which set forth IN
separate articles the different subjects Of
which il is composed, and contained in
a TIC a ~ the sections Intended as de
ciaration of Fundamental principles"
These sections are as follows
Freedom OF the press and trial by Jury
shall remain inviOlate. All persons shall
be entitled 20 the benefit of the writ Of
hsbeas corpus. All peTsOns shall have
the free exercise of religion without being
obliged to contribute to the support Of any
religious profession but their own.
Estates shall not be entsiled, and when a
person dies intestate, leaving wife and
children, the wife shall have a child's
share or her dover, at her option; If there
be no wife, the estate shall be equally di-
Vided among the children and their legal
representatives in the first degree; the
distribution of all other intestate estates
may be regulated by law"
The provision Of the constitution OF lT71
rs to clergymen is found IN this constitu-
ton also, but as a part of the legislative
department.
The next constitution, adopted in 1888,
contained no "bill of rights" II made few
changes in the constitution of 1879, and
provided for another convention to be
held in 1888. This convention made the
constitution OF 1898, which remained in
force, except as altered by amendments
adopted by the general assembly, until
1851. The constitution Of 1913 contained
no separate article known as a "bill of
~fnhta - In Wa first find fhagQ f1n6o-
mental principles:
"No holder of public money shall be
eligible to office. No debtor, where there
is not strong presumption of fraud, shall
be detained in prison after delivering up
bis real and personal estate for the benefit
Of his creditors. No slave shall be mali
ciously dismembered or deprived of life. :"
The constitution of 1861 contained an
article styled, DECLARATION Of Fundamen-
tai Principles in which there were
tweuty-eight sections nearly all taken
from Magma Charta, the constitution Of
the United States and the constitution OF
1898. In these sections are found the new
provisions. THAT laws shall have a gen.
eral operation, and no general law shall
be varied in particular cases by special
legislation but with the consent Of the
parties 10 be affected thereby The con
stituti0n Of 1868. following that of 1861,
contained an article styled "A Declara a.
ton Of Rights" composed Of twenty-one
sections not differing essentially from the
enumeration of rights in the constitution
OF 1861.
AS in the two preceding constitutions
that Of 1868 had an article called "A
Declaration OF Fundamental Principles"
Of the twenty-three sections contained in
this article, section 1 protected the social
status Of the citizen from any kind Of
legislation; section Is prohibited impri-
s0nment for debt; section - abolished
whipping as punishment for crime /;
section % prohibited lotteries and sale OF
lottery tickets; section - defined treason
against the State Of Georgia as consisting
IN waging war against the United States
or giving aid and comfort to the enemies
OF the United States; section 33 declared
that every citizen owed paramount
allegiance to the government Of the
United States, and that the people OF this
State were a part u ''rhe Nation" In
the constitution Of 1877 there is an article
Htyed "Bill OF Rights" containing
tWenty-eight sections. In these trea8on
against the State is defined as lovying
war against the State or giving aid and
comfort 70 ia enemies. Lobbying is de-
rlared 10 be a crime. Private property IL
prohibited from being damaged or taken
for public purposes without adequate
compensation. 10 is declared also in these
sections that grants of special privileges
and immunities shall not be revoked 80 ae
% work injustice 10 interpretations on
HN.s.a- al 10 4.