« AnteriorContinuar »
of secession, and all action of the State under its provided, the general assembly shall have no constitution of 1861, and the State debt then power to remove the disabilities of any person incurred shall not be recognized as obligatory. embraced in the aforesaid subdivisions who, af
No citizen of this State shall be disfranchised, ter the adoption of this constitution by the conor deprived of any of the rights or privileges vention, persists in opposing the acts of Congress secured to any citizen thereof, unless the same and reconstruction thereunder. is done by the law of the land, or the judgment All persons before registering or voting must of his peers, except as hereinafter provided. take and subscribe the following oath: There shall be peither slavery nor involuntary 1,- , do solemnly swear (or affirm) that I will
support and maintain the Constitution and laws of the
United States, and the constitution and laws of the or otherwise, except as a punishment for crime. State of Arkansas; that I am not excluded from regis The general assembly shall have no power to tering or voting by any of the clauses in the first, sec
ond, third, or fourth subdivisions of Article VIII of make compensation for emancipated slaves.
the constitution of the State of Arkansas ; that I will Taxes limited to two per cent. of assessed value.
never countenance or aid in the secession of this Every male person born in the United States, State from the United States; that I accept the civil
and political equality of all men, and agree not to atand every male person who has been naturalized,
tempt to deprive any person or persons, on account of or has legally declared his intention to become
race, color, or previous condition, of any political or a citizen of the United States, who is twenty-one civil right, privilege, or immunity enjoyed by any other
class of men; and, furthermore, that I will not in any years old or upwards, and who shall have resided
way injure, or countenance in others any attempt to in the State six months next preceding the elec
injure, any person or persons on account of past or present support of the Government of the United
States, the laws of the United States, or the principle of the county in which he offers to vote, except
tep of the political and civil equality of all men, or for as hereinafter provided, shall be deemed an affiliation with any political party elector.
All contracts for the sale or purchase of slaves ART. 8. SEC. 3. The following classes shall |
all are null and void, and no court of this State not be permitted to register or hold office, viz: Ishall take cognizance of any suit founded on
First. Those who during the rebellion took such contracts ; nor shall any amount ever be the oath of allegiance, or gave bonds for loyalty collected or recovered on any judgment or deand good behaviour to the United States Gov. I cree which shall have been, or which hereafter ernment, and afterwards gave aid, comfort, or may be. rendered on account of any such con. countenance to those engaged in armed hostility tract or obligation on any pretext, legal or to the Government of the United States, either otherwise. by becoming a soldier in the rebel army, or by A system of free schools shall be established. entering the lines of said army, or adhering in for the gratuitous instruction of all persons be. any way to the cause of rebellion, or by accom.
tween 5 and 21 years, the funds to be distributed panying any armed force belonging to the rebel
to the counties in the proportion of persons bearmy, or by furnishing supplies of any kind to
tween those ages. Certain funds are set apart the same.
to be sacredly preserved as a public school fund; Second. Those who are disqualified as electors,
| also, a per capita tax of $1 on every male inor from holding office in the State or States habitant over twenty-one, to be collected for the from which they came.
support of free schools and a university, the resiThird. Those persons who during the late re- due required to be furnished from the State treabellion violated the rules of civilized warfare. sury. The general assembly shall require by law
Fourth. Those who may be disqualified by that every child of sufficient mental and physical the proposed amendment to the Constitution of ability shall attend the public schools for a term the United States, known as Article XIV, and equivalent to three years, between the ages of 5 those who have been disqualified from register. and 18 years, unless educated by other means. ing to vote for delegates to the convention to Public schools to be open not less than three frame a constitution for the State of Arkansas,
months in a year. No poll tax to be levied exunder the act of Congress entitled “ An act to
cept for school purposes. All able-bodied electors provide for the more efficient government of the liable to military duty. Personal property to rebel States," passed March 2d, 1867, and the
the value of $2,000 to be exempt from sale for acts supplemental thereto.
debt hereafter contracted. Homestead of a marFifth. Criminals.
ried man or head of a family not to be encumSixth. Insane.
bered except for taxes, laborers' and mechanics' Provided, that all persons included in the liens, and securities for the purchase-money 1st, 21, 3d and 4th subdivisions of this section, thereof; a country homestead of 160 acres and who have openly advocated or who have voted a town property of $5,000 to be exempt, with for the reconstruction proposed by Congress, similar exceptions as above. Only qualified and accept the equality of all men before the
electors shall be jurors. Indentures not to be law, shall be deemed qualified electors under valid, being for more than one year, except in this constitution
the case of apprenticeships. Persons disqualified Sec. 4. The general assembly shall have power, herein shall not vote for candidates, nor upon by a two thirds vote of each house, approved the ratification of the constitution. The judges by the governor, to remove the disabilities in- of election charminister
of election shall administer to every voter the cinded in the 1st, 2d, 3d and 4th subdivisions of loath prescribed in the constitution. section three, of this article, when it appears that such person, applying for relief from such
Constitution of Florida. disabilities, has in good faith returned to his al. Adopted by Convention February 25, 1868. and legiance to the Government of the United States ; ratified by the people May 6, 1868.
It provides, among other things, that slavery | Recognizes all laws and acts of the rebel State shall not exist.
government not inconsistent with the ConstituThis State shall ever remain a member of the tion and laws of the United States or this conAmerican Union, the people thereof a part of stitution. the American nation, and any attempt, from Article 16, sec. 1, disables any person from whatever source or upon whatever pretence, to holding office who is disabled by the 14th condissolve said Union, or to sever said nation, shall stitutional amendment, subject to the removal of be resisted with the whole power of the State. such disability by Congress.
It is the paramount duty of the State to make The following shall be the oath of office for ample provision for the education of all the each officer in the State, including members of children residing within its borders, without dis- the legislature: tinction or preference.
I do solemnly swear that I will support, protect, and defend the Constitution and Government of the
United States, and of the State of Florida, against all upwards, of whatever race, color, nationality, or
enemies, domestic or foreign, and that I will bear true
faith, loyalty, and allegiance to the same, and that I offering to vote, be a citizen of the United States, I am entitled to hold office under this constitution.
That I will well and faithfully perform all the duties or who shall have declared his intention to be
to be of the office of , on which I am about to enter. So come such in conformity to the laws of the United help me God. States, and who shall have resided and had his There shall be no civil or political distinction habitation, domicil, home, and place of perma- in this State on account of race, color, or previous nent abode in Florida for one year, and in the condition of servitude, and the legislature shall county for six months, next preceding the elec- have no power to prohibit, by law, any class tion at which he shall offer to vote, shall in such persons on account of race, color, or previous county be deemed a qualified elector at all elections condition of servitude, to vote or hold any office, under this constitution. Every elector shall, at beyond the conditions prescribed by this constithe time of his registration, take and subscribe tution. to the following oath:
Ordinances were adopted by the Convention 1,- - do solemnly swear that I will support, declaring it unlawful for any sheriff or other protect, and defend the Constitution and Government officer to sell, under execution or other legal proof the United States, and the constitution and government of Florida, against all enemies, foreign or domes cess, any property, real or personal, and any sale tic; that I will bear true faith, loyalty, and allegiance to the same, any ordinances or resolution of any State
on convention or legislation to the contrary notwithstanding. So help me God.
absent from the State, are annulled. So much Lotteries are prohibited. No person who is of the act of January 16, 1866, as levied a tax not a qualified elector, or any person who shall of one dollar upon each colored male between have been convicted of bribery, forgery, perjury, twenty-one and fifty-five was repealed. County larceny, or other high crime, unless restored to criminal courts abolished, and duties transferred civil rights, shall be permitted to serve on juries. I to circuit courts. The governor has the veto, subject to the subsequent action of two-thirds of each house. Grand
Constitution of Louisiana. and petit jurors shall be taken from the regis! Adopted by Convention March 2, 1868, and tered voters of their respective counties. A com- ratified by the people April 18, 1868. Provides, mon school fund provided for, of which a tax of among other things, that slavery shall not exist. not less than one mill on all taxable property is All persons, witbout regard to race, color, or a part. Homestead exemption provided previous condition, born or naturalized in the
All able-bodied male inhabitants between 18 United States, and subject to the jurisdiction and 45, who are citizens of the United States, or thereof, and residents of this State for one year, have declared their intention to become so, shall are citizens of this State. The citizens of this constitute the militia.
State owe allegiance to the United States ; and The legislature shall enact laws requiring ed- this allegiance is paramount to that which they ucational qualifications for electors after the year owe to the State. They shall enjoy the same 1880, but no such laws shall be made applicable civil, political, and public rights and privileges, to any elector who may have registered or voted and be subject to the same pains and penalties. at any election previous thereto.
All persons shall enjoy equal rights and privConfederate and State war debt repudiated. | ileges, upon any conveyance of a public characAll contracts in consideration of slaves declared ter, and all places of business, or of public renull. Governor has the appointment, with the sort, or for which a license is required by either consent of the senate, of the judges of the su- State, parish, or municipal authority, shall be preme court, circuit judges, secretary of state, deemed places of a public character, and shall be and like State officers, and he has the absolute opened to the accoinmodation and patronage of appointment of justices of the peace.
all persons, without distinction or discrimination * All ordinances and resolutions heretofore pass on account of race or color. Every elector shall ed by any convention of the people, and all acts be eligible to a seat in the House of Representaand resolutions of the Legislature conflicting ortives and to the Senate, if twenty-five years old; inconsistent with the Constitution of the United and he shall be eligible to any municipal office. States and the statutes thereof, and with this con- Every male person, of the age of twenty-one stitution, and in derogation of the existence or years or upwards, born or naturalized in the position of the State as one of the States of the United States, and subject to the jurisdiction United States of America, are hereby declared thereof, and a resident of this State one year pull and void, and of no effect.
I next preceding an election, and the last ten days within the parish in which he offers to vote, shall Contracts for the sale of persons are null and be deemed an elector, except those disfranchised void. by this constitution, and persons under interdic- The State of Louisiana shall never assuno tion.
nor pay any debt or obligation contracted or The following persons shall be prohibited from incurred in aid of the rebellion; nor shall this voting and holding any office : All persons who State ever, in any manner, claim from the United shall have been convicted of treason, perjury, States, or make any allowance or compensation forgery, bribery, or other crime punishable in for slaves emancipated or liberated in any way the penitentiary, and persons under interdiction. whatever.
All persons who are estopped from claiming All contracts by which children were bound the right of suffrage by abjuring their allegiance out without the knowledge or consent of their to the United States Government, or by noto- parents are null and void. riously levying war against it, or adhering to There shall be at least one free public school its enemies, giving them aid or comfort, but who in each parish, for children between six and have not expatriated themselves, nor have been twenty-one, who shall be admitted to the pub. convicted of any of the crimes mentioned in the lic schools or other institutions of learning susfirst paragraph of this article, are bereby restored tained or established by the State in common, to the said right, except the following: Those without distinction of race, color, or previous who held office, civil or military, for one year condition. And no municipal corporation shall or more, under the organization styled "the Con- make rules contrary to the spirit and intention federate States of America;" those who regis- of this article. Public school fund provided for, tered themselves as enemies of the United States; of which one half of the poll-tax is a part. those who acted as leaders of guerrilla bands The militia are all able-bodied male citizens, during the late rebellion; those who, in the ad- between eighteen and forty-five. vocacy of treason, wrote or published newspaper The ordinance of secession of the State of articles or preached sermons during the late Louisiana, passed 26th of January, 1861, is rebellion; and those who voted for and signed hereby declared to be pull and void. The conan ordinance of secession in any State. No per- stitution adopted in 1864, and all previous conson included in these exceptions shall either vote stitutions in the State of Louisiana, are declared or hold office until he shall have relieved himself to be superseded by this constitution. by voluntarily writing and signing a certificate An election for State officers provided for setting forth that he acknowledges the late rebel- April 17 and 18, at the same time with the vote lion to have been morally and politically wrong, on the constitution. All civil officers thus and that he regrets any aid and comfort he may elected shall enter upon the discharge of their have given it; and he shall file the certificate duties on the second Monday after the return of in the office of the secretary of State, and it shall their election shall have been officially promul. be published in the official journal: Provided, gated, or as soon as qualified according to law, That no person who, prior to the 1st of Jan- and shall continue in office for the terms of their uary, 1868, favored the execution of the laws of respective offices herein prescribed, said terms to the United States popularly known as the recon- date from the first Monday in November follow. struction acts of Congress, and openly and ac- ing the election. The Legislature shall meet in tively assisted the loyal men of the State in their New Orleans on the third Monday after the proefforts to restore Louisiana to her position in the mulgation aforesaid, and proceed, after organizaUnion, shall be held to be included among those tion, to vote upon the adoption of the XIVth herein excepted. Registrars of voters shall take Amendment to the Constitution of the United the oath of any such person as prima facie evi-States. dence of the fact that he is entitled to the benefit of this proviso.
Constitution of Georgia. Members of the General Assembly and all
Adopted by Convention, March 11, 1868, and other officers, before they enter upon the duties
ratified by the people, April 20, 1868. Proof their offices, shall take the following oath or / vides, among other things, that slavery shal! affirmation :
not exist. I, (A. B.) do solemnly swear (or affirm) that I accept
| All persons born or naturalized in the United the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on Dates, and resident in this state, are hereby
States, and resident in this State, are hereby account of race, color, or previous condition, of any declared citizens of this State, and no laws shall political or civil right, privilege, or immunity enjoyed | be made or enforced which shall abridge the by any other class of men; that I will support the constitution and laws of the United States, and the constitution and laws of this state, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my ability and understanding: so help me
laws. And it shall be the duty of the General God.
Assembly, by appropriate legislation, to protect No liability, either State, parochial, or muni- every person in the due enjoyment of the rights, cipal, shall exist for any debts contracted for or privileges, and iinmunities guaranteed in this in the interest of the rebellion against the United section. States Government.
The State of Georgia shall ever remain a mem. There shall be no property qualification fore offic. ber of the American Union; the people thereof
All agreements, the consideration of which are a part of the American nation; every citizen was Confederate money, notes, or bonds, are thereof owes paramount allegiance to the Con. null and void, and shall not be enforced by the stitution and government of the United States, courts of this State.
and no law or ordinance of this State, in contra,
vention or subversion thereof, shall ever have in specie, both to be valued at the time they are any binding force.
set apart. Électors shall, in all cases except treason, The laws of general operation in force in this felony, or breach of the peace, be privileged from State are:
1. As the supreme law-the Constitution of the election, and two days subsequent thereto. United States, the laws of the United States in
The social status of the citizens shall never be pursuance thereof, and all treaties made under the subject of legislation. The power of the the authority of the United States. 2. This courts to punish for contemptshall be limited by constitution. 3. Acts of rebel legislation not legislative acts. No imprisonment for debt. inconsistent with the Constitution and laws of Whipping, as a punishment for crime, prohibited. the United States. No poll-tax to be levied except for educational The following sections are those referred to purposes, and it not to exceed $1 annually on in the action of Congress on the restoration of each poll.
the State: Every male person, born in the United States, SECTION XVII—I. No court in this State shall and every male person who has been natural have jurisdiction to try or determine any suit ized, or who has legally declared his intention against any resident of this state upon any to become a citizen of the United States, twenty- contract or agreement made or implied, or upon one years old or upward, who shall have resided any contract made in renewal of any debt exin this State six months next preceding the elec-isting prior to the 1st day of June, 1865. Nor tion, and shall have resided thirty days in the shall any court or ministerial officer of this county in which he offers to vote, and shall State have authority to enforce any judgment, have paid all taxes which may have been re- execution, or decree rendered or issued upon any quired of him, and which he may have had an contract or agreement made or implied, or upon opportunity of paying, agreeably to law, for the any contract in renewal of a debt existing prior year next preceding the election, (except as to the 1st day of June, 1865, except in the fol. hereinafter provided), shall be deemed an elector; lowing cases : and every male citizen of the United States, of the 1. In suits against trustees, where the trust age aforesaid, (except as hereinafter provided,) property is in the hands of the trustee, or has who may be a resident of the State at the time been invested by him in other specific effects now of the adoption of this constitution, shall be in his hands, and in suits by the vendor of real deemed an elector, and shall have all the rights estate against the vendee, where not more than of an elector, as aforesaid : Provided, That no one-third of the purchase-money has been paid, soldier, sailor, or marine in the military or na and the vendee is in possession of the land or val service of the United States shall acquire the specific effects for which he has sold it, and he rights of an elector by reason of being stationed refuses to deliver the land or said effects to the on duty in this State; and no person shall vote, vendor. In such cases, the courts and officers who, if challenged, shall refuse to take the fol- may entertain jurisdiction and enforce judg. lowing oath: “Ido swear that I have not given, ments against said trust-property, or land, or or received, nor do I expect to give, or receive, effects. any money, treat, or other thing of value, by 2. In suits for the benefit of minors by truswhich my vote, or any vote, is affected, or ex tees appointed before the 1st day of June, 1865. pected to be affected, at this election; nor have I 3. In suits against corporations in their corgiven or promised any reward, or made any porate capacity, but not so as to enforce the debt threat, by which to prevent any person from against the stockholders or officers thereof iny voting at this election.”
their individual capacity. Every Senator or Representative, before tak. 4. In suits by charitable or literary instituing his seat, shall take an oath or affirmation tions for money loaned, property - other than to support the Constitution of the United States, slaves—sold, or services rendered by such instiand of this State; that he has not practiced any tutions. unlawful means, directly or indirectly, to pro- 5. In suits on debts due for mechanical or cure his election, and that he has not given, or manual labor, when the suit is by the mechanic offered, or promised, or caused to be given, or or laborer. offered, or promised, to any person, any money, 6. In cases when the debt is set up by way of treat, or thing of value, with intent to affect any defence, and the debt set up exceeds any debt vote, or to prevent any person voting at the due by defendant to plaintiff, of which the courts election at which he was elected.
are denied jurisdiction.
a two thirds vote of each House.
sembly shall by law give the said courts and All contracts made, and not executed, during officers jurisdiction : Provided, That no court or the late rebellion, in aid of it, are annulled. officer shall have, nor shall the General Assem
Common school fund provided for. Militia to bly give, jurisdiction or authority to try or give be all able-bodied males, between eighteen and judgment on or enforce any debt, the consideraforty-five.
tion of which was a slave or slaves, or the bire Each head of a family, or guardian or trus. thereof. tee of a family of minor children, shall be en- III. It shall be in the power of the General titled to a homestead of realty to the value of Assembly to assess and collect upon all debts, two thousand dollars, in specie, and personal judgments, or causes of action when due, founded property to the value of one thousand dollars, on any contract made or implied before the 1st
day of June, 1865, in the hands of any one. The general assembly, at its first session, shall in his own right, or trustee, agent, or attorney establish a uniform system of public schools, to of another, on or after the 1st day of January, be free to all the children of the State between 1868, a tax of not exceeding twenty-five per six and twenty-one years. The University of cent., to be paid by the creditor, on pain of the North Carolina declared to be held to an insepforfeiture of the debt, but chargeable by him as arable connection with the free public school to one-half thereof against the debtor, and col. system. lectable with the debt: Provided, That this tax Homestead exemption secured, realty to the shall not be collected if the debt or cause of value of $1,000, personal $500. All able-bodied action be abandoned or settled without legal male citizens, between twenty-one and forty, are process, or, if in judgment, be settled without liable to duty in the militia. levy and sale: And provided further, l'hat this Duelling prohibited. tax shall not be levied so long as the courts of this State shall not have jurisdiction of such
Constitution of South Carolina. debts or causes of action.
Adopted by Convention March 17, 1868, and Constitution of North Carolina.
ratified by the people April 16, 1868.
Provides, among other things, that slavery Adopted by Convention March 16, 1868, and shall never exist in this State. ratified by the people April 23, 1868. Provides, Every citizen of this State owes paramount among other things:
allegiance to the Constitution and Government SEC. 3. That the people of this State have the of the United States, and no law or ordinance in berent, sole, and exclusive right of regulating of this State in contravention or subversion the internal government and police thereof, and thereof can have any binding force. of altering and abolishing their constitution This State shall ever remain a member of the and form of government, whenever it may be American Union, and all attempts, from what. necessary to their safety and happiness; but ever source, or upon whatever pretext, to disevery such right should be exercised in pursu- solve the said Union, shall be resisted with the ance of law, and consistently with the Constitu- whole power of the State. tion of the United States.
No person shall be disqualified as a witness, SEC. 4. That this State shall ever remain a or be prevented from acquiring, holding, and member of the American Union; that the people transmitting property, or be hindered in acquir. thereof are part of the American nation ; that ing education, or be liable to any other punishthere is no right on the part of this State to se- ment for any offence, or be subjected in law to cede, and that all attempts, from whatever any other restraints or disqualifications in regard source or upon whatever pretext, to dissolve said to any personal rights than such as are laid upon Union, or to sever said nation, ought to be re-others under like circumstances. sisted with the whole power of the State.
No person shall be imprisoned for debt, except Sec. 5. That every citizen of this State owes l in cases of fraud; and a reasonable amount of paramount allegiance to the Constitution and |
property, as a homestead, shall be exempted from Government of the United States, and that no seizure or sale for the payment of any debts or law or ordinance of the State in contravention liabilities, except for the payment of such oblior subversion thereof can have any binding gations as are provided for in this constitution. force.
No property qualification shall be necessary SEC. 6. To maintain the honor and good faith for an election to or the holding of any office. of the State untarnished, the public debt, regu- All elections shall be free and open, and every larly contracted before and since the rebellion, inhabitant of this Commonwealth possessing the shall be regarded as inviolable and never be qualifications provided for in this constitution, questioned; but the State shall never assume or shall have an equal right to elect officers and be pay, or authorize the collection of, any debt or elected to fill public offices. obligation, express or implied, incurred in aid of Representation shall be apportioned according insurrection or rebellion against the United to population, and no person in this State shall States, or any claim for the loss or emancipation be disfranchised, or deprived of any of the rights of any slave.
or privileges now enjoyed, except by the law of ART. 6. Sec. 1. Every male person born in the land or the juigment of his peers. the United States, and every male person who has Distinction on account of race or color, in any beeu naturalized, twenty one years old or up- case whatever, shall be prohibited, and all ward, who shall have resided in this State twelve classes of citizen: shall enjoy equally all commonths next preceding the election, and thirty mon, public, legal, and political privileges. days in the county in which he offers to vote, Members of the general assembly, and all shall be deemed an elector.
officers, before they enter upon the execution of SEC. 4. Every voter, except as hereinafter pro- the duties of their respective offices, and all vided, shall be eligible to office; but before en-members of the bar, before they enter upon the tering upon the discharge of the duties of his practice of their profession, shall take and sub. office, he shall take and subscribe the following scribe the following oath : oath:
I, , do solemnly swear (or affirm, as the case 1,-, do solemnly swear (or affirm) that I will sup- may be) that I am duly qualified, according to the Conport and maintain the Constitution and laws of the stitution of the United States and of this State, to ex. United States, and the constitution and laws of North ercise the duties of the office to which I have been Carolina not inconsistent therewith, and that I will elected, (or appointed,) and that I will faithfully disfaithfully discharge the duties of my office. So help charge, to the best of my abilities, the duties thereof; me God.
that I recognize the supremacy of the Constitution and