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OLD SERIES-OL. XCII
NEW SERIES—VOL. II
(Cijtomrlc anD
WEDNESDAY, SEPTEMBER 6,1877.
TIIK SEW rOXXTITt’TIO.N.
We publish in the Chronicle and
Constitutionalist this morning the full
text of the Constitution recently framed
by the Convention. This instrument
will be submitted to the people of the
State on the first Wednesday of next
December for ratification or rejec
tion. It is important that every voter
should read, and read carefully, the
instrument upon which he is required to
endorse his approval or disapproval. It
will not do for men to applaud or con
demn until they have made themselves
thoroughly acquainted with the object
of their censure or admiration. We
have read the new Constitution carefully
and compared it with the old, and wo do
not hesitate to say that we consider it
infinitely superior to the instrument un
der which we are now living. Laying
aside the question of paternity altogeth
er, it is much the better organic law of
the two—better for the State and better
for all classes of the people. Of course
there are features to which we object.
There is something in it, perhaps, to
which every voter will object. It was
manifestly impossible for any Conven
tion composed of fallible men to frame
an infallible instrument. But the things
which provoke one man’s censure will
compel his neighbor’s admiration. We
regret that the salaries of the Judges
and of the Governor were reduced, be
cause wo believo that good service is
entitled to good pay, and that it is false
economy to retrench in the matter of
official compensation. We also regret
that the composition of the General As
sembly was not changed so as to fix rep
reseutation upon its only proper basis—
the basis of population. But it is not
at m’l improbable that a largo major
ity of the people hold different views
with regard to both of these matters.
At all events, neither one of them is of
sufficient importance to make ns oppose
an organic law which is sonnd in other
respects. We believe that most of
those who give the Constitution thor
ough examination will also give it cordial
approval and vote for its adoption. We
shall have something to say hereafter of
the different features of the instilment.
We are confident that it will prove an
ceptable to the great mass of the people,
white and oolored, aud that it will be
ratified by a large majority.
The colored cadet from New York is a
mulatto, and a smart one.
—
President Hayes has a “barrel of
money.” Ho is worth 8750,000.
Faizi Pasha, the brains of Mukhtar’s
army, is a Hungarian named Kohlmann.
Gov. Stone, of Mississippi, laughs at
Republican and Independent competi
tion and predicts his re-election by 50,-
0(H) majority.
Oarlotta Patti, sister of Adelina, is
hopelessly ill with a complication of
maladies arising from the diseased hip
joint which caused her lameness.
The lie direct aud circumstantial is
busily passing between Dr. Chancellor
auil the various Bumbles of the Mary
land ulmslioiises. Wo dare say the
Doctor told a deal of truth.
The rouletto table at Monaco went in
to mourning when Kiug Blano lay dy
ing. During tho last Lour of his life
black came up twenty-five times in suc
cession, making a tremendous run on
the dark color.
Old ex-Henator A. G. Brown, of Mis
sissippi, is of opinion .that the Demo
cratic party is on tho eve of dissolu
tion. The ex-Senator is mistaken. Be
cause he is on the eve of dissolution
that is no reason why the party should
be.
Thk resolutions adopted by Iho Ht.
Louis Board of Trade declare that the
bankrupt law “demoralizes business,
destroys commercial integrity, impairs
ooutideuco and tends to destroy the
credit upon which our whole commercial
fabric rests.”
For a retired politician and one who
regrets that he ever became one at all,
Hon. A. CL Brown, of Mississippi,
shows an extraordinary longing to get
bis paw in the flesh pot. Some politi
cians are like tho Kavkl troupe. They
are always playing farewell engagements.
Wr have received the first number of
the Old Capital, a weekly uowspaper,
tho publication of whioh has recently
been commenced in Milledgeville. The
editors and proprietors are Messrs. E.
P. Sphkk, late of tho Griffin Newe, and
H. W. J. H.\m, of the Warrenton Clip
}>er, both able and experienced journal
ists. The number before us is brilliaut
witty and newsy. If this standard is
maintained the Old Capital will be one
of the best weekly papers in the couu
trv. We wish it success commensurate
with its merits.
A special dispatch from Washington
to the New York World says that the
“Southern leaders" are beginning to
talk of a ticket for 1880 with Hon. B.
H. Hill, of Georgia, for President, aud !
Horn N. P. Banks, of Massachusetts,
for Vies-Presideut. Of course, such
talk is mere moonshine. The next
Presidential election is too far off for
seusible men to think of making slates.
If, when 1880 comes, Mr. Hill is in the
field, he will make a stroug race, and,
if elected, ho would be the strongest
man iuteileetually who has oooupied the
White House iice the days of Jeffer
son.
Alluding to and correcting the mis
take about Hon. B. 11. Hill, of this
State, buryiug his war horse, “Albert
Sidney Johnson,” the Nashville Ameri
can thus speaks : “Hon. Rks. H u.h, of
Georgia, scalped his foes in legislative
halls and always did it well. He never
failed to draw blood and history will
record him as the man who wore the
scalp of Blxane, of Maine. He never
buried a hobby, that we know of, nor
ever bade farewell to Albert Sidney
Johnson. He never said—
“ Farewell the neighing steed, the shrill irmup.
The spirit-stirring drum, the ear-piercing £fe,
The royal banner and ail quality,
Pride, 'pomp and circumstance of Georgia's
war."
‘The Russian Imperial Gnard, which
is now reported to have been ordered to
the front, is said to have originated in a
regiment which was styled by Voltaire
“The Praetorian Gnard of Russia,' aud |
by whose influence the revolution which
destroyed Peter 111, in 1772, to make
room for Catherine II was mainly ef
fected. An organized Leasehold bri
grade gradually grew np around this
oaelecs, whioh had attained large pro
portions when the wars of the first Na
poleon ooonrred. The Russian Imperial
Gnard figured conspicuously in the
most desperate battles of that great con
flict. In the Crimean war, however, its
share was merely nominal, and sinoe its
close it has never been in the field at all,
bnt it is believed by competent judges
that its quality has not deteriorated, and
that whenever called into battle it will
give a good account of itself.
CONSTITUTION OF 1877.
TIIE OUTCOME OF THE LABORS
OF THE CONVENTION.
The Foil Text of the Instrument Cnrelully
Compared With the OfHcin! Copy.
Bill of Right..
PREAMBLE.
To perpetuate the principles of free govern
ment, insure justice to all, preserve peace,
promote the interest and happiness of the citi
zen and to transmit to posterity the enjoyment
of liberty, we. the people of Georgia, relying
upon the protection aud guidance of Almighty
God, do ordain and establish this Constitution:
Article I.
Section I. Paragraph 1. All government, of
right, originates with the people, is founded
upon their will only, and is instituted solely
for the good of the whole. Public officers are
the trustees aud the servants of the people,
and. at all times, amenable to them.
Par. 2. Protection to person and property is
the paramount duty of government, aud shall
be impartial and complete.
Par. 3. No person shall he deprived of life
liberty, or property, except by due process of
law.
Par. 4. No person shall he deprived of the
right to prosecute or defend his own cause in
any of the Courts of this State, in person, by
attorney, or both.
Par. 5. Every person charged with an offense
against the laws of this State shall have the
privilege and benefit of counsel: shall he fur
nished. on demand, with a copy of the accusa
tion, and a list of the witnesses on whose tes
timony tne charge against him is founded;
shall have compulsory process to obtain the
testimony of his own witnesses; shall he con
fronted with the witnesses testifying against
him: and shall have a public and speedy trial
by an impartial jury.
Par. C. No person shall be compelled to give
testimony tending in any manner to criminate
himself.
Par. 7. Neither banishment beyond the lim
its of the State, nor whipping, as a punishment
for crime, shall be allowed.
Par. 8. No person shall be put in jeopardy of
life, or liberty, more than once for the same
offense, save on his, or her. own motion for a
new trial after conviction, or in case of mis
trial.
Par. 9. Excessive hail shall not he required,
nor excessive fines imposed, nor cruel and un
usual punishments indicted; nor shall any per
son be abused in being arrested, while under
arrest, or in prison.
Par. 10. No person shall be compelled to pay
costs except after conviction on final trial.
Par. 11. The writ of habeas corpus shall not
he suspended.
Par. 12. All men have the natural aud in
alienable right to worship God, each accord
ing to the dictates of his own conscienco, and
no human authority should, in any case, con
trol or interfere with such right of conscience.
Par. 13. No inhabitant of this State shall he
molosted in person or property, or prohibited
from holding any public office, or trust, on ac
count of Ins religions opinions ; hut tho right
of liberty of conscience shall not be so con
strued as to excuse acts of licentiousness, or
justify practices inconsistent with the peace
and Ha'ety of the State.
Par. 14. No money shall ever be taken from
tho public treasury, directly or indirectly, in
aid of any church, sect, or denomination of re
ligion! ts, or of any sectarian institution.
Par lb. No law shall ever be passed to cur
tail, or restrain, the liberty of speech of the
press; any person may speak, write, and pub
lish his sentiments, on all subjects, being re
sponsible for tho abuse of that liberty.
l’ar. 1(1. The right of the people to ho secure
in their persons, houses, papers, and effects
against unreasonable searches and seizures
shall not be violated; and no warrant shall is
sue except on probable cause, supported hv
oath or affirmation, particularly describing the
place, or places, to he searched, aud tho per
sons and things to be seized.
Par. 17. Thoro shall bo within the State of
Georgia neither slavery nor involuntary servi
tude, save as a punishment for crime after le
gal conviction thereof.
Par. 18. The social statu&of the citizen shall
never be the subject of legislation.
Par. 19. The civil authority shall he superior
to tho military, and no soldier shall, in time of
peace, ho quartered in any house, without
the consent of tho owner, nor in timo of
war except by tho civil magistrates, in such
manner as may be provided by law.
Par. 20. The power of the Courts to punish
for contempt shall he limited by legislative
acts.
Par. 21. There shall ha no imprisonment for
debt.
Par, 22. The right of the people to keep and
boar arms shall not ho infringed, but the Gen
eral Assembly Hliall have power to prescribe
the manner in which arms shall be borne.
Par. 23. The legislative, judicial and execu
tive powers shall forever remain separate and
distinct, and no person discharging the duties
of one shall, at the same time, exorcise the
functions of either of the others, excopt as
herein provided.
Par. 24. The people have the right to assem
ble peaceably for thoir common good, and to
apply to those vosted with the powers of gov
ernment for redress of grievauc s by petition
or remonstrance.
Par. 25. All citizens of tho United States,
resident in this St&to, are hereby declared citi
zens of this State, and it shall ho the duty of
tho General Assembly to enact such laws as
will protect them ill tho full enjoyment of tho
rights, privileges and immunities due to such
citizenship.
Section 11. Paragraph 1. In all prosecutions
or indictment; for libel tho truth may be given
in evidence: and tho jury in all criminal cases
shall he tho judges of the law aud of the facts.
The power of the Judges to grant new trials in
oases of conviction is preserved.
Par. 2. Treason against the State of Georgia
shall consist of levying warjagainst her; adher
ing to her eiieiuies;giving them aid and comfort.
No person shall be convicted of treason, ex
cept on tho testimony of two witnesses to tho
same overt act or confession in upon Court.
Par. 3. No conviction shall work corruption
of blood or forfeiture of estate.
Par. 4. All lotteries and the sale of lottery
tickets aio hereby prohibited; and this prohi
bition shall be enforced by penal laws.
Par. 5. Lobbying is to be declare ! a crime,
and the General Assembly shall enforce this
provision by suitable penalties.
Par. 6. The General Assembly shall have the
power to provide for the punishment of fraud;
and shall provide, by iaw, for reaching the
property of the debtor conoealod from the
creditor.
Section 111. Paragraph 1. In cases of neces
sity. privato ways may bo granted upon just
compensation being first paid by the appli
cant. Private property shall not bo taken or
damaged, for public purposes, without just aud
adequate compensation being first paid.
Par. 2. No bill of attainder, ez post facto law,
retroactive law, or law impairing the obliga
tion of contracts, or making irrevocable grant
of special privileges or immunities, shall be
passed.
Par. 8. No grant of special privileges or im
munities shall be revoked, except in such
manner as to work no injustice to the corpo
rators or creditors of the incorporation.
Section IV. Paragraph 1. Laws of a general
nature shall have uniform operation through
out the State, and no special law shall be en
acted in any ease for which provision has been
made by an existing general law. No general
law affecting private rights shall be varied in
any particular case, by special legislation, ex
cept with the free consent, in writing, of all
persons to be affected thereby; and no person
under legal disability to oontract is capable of
such consent.
Par. 2. legislative acts in violenco of this
Constitution.or the Constitution of the United
States, are void, aud the judiciary shall so do
clare them
Section V. Paragraph 1. The people of this
State have the iuhereut, sole and exclusive
right of regulating their internal government
and the police thereof, aud of altering aud
abolishing their Constitution whenever it may
be necessary to their safety aud happiness.
Par. 2. The enumeration of rights herein
contained as a part of this Constitution shall
not be construed to deny to the people auv iu
hereut rights which they ftaye hitherto en
joyed.
Article ll—Elective Frnnrhise.
, Section I. Paragraph 1. In all elections by
the people the electors shall vote by ballot.
Par. 2. Every male citizen of the United
States (except as hereinafter provided), twen
ty-one years of age, who shall have resided in
tnie State one year next preceding tho elec
tion, aud shall have resided six months in the
county in which he offers to vote, and shall
have paid all taxes which may hereafter be re
quired of him. and which lie may have had an
opportunity of paying, agreeablv to law, except
for the year of the election, shall be deemed an
elector : Provided. That no soldier, sailor or
marine in the military or naval service of the
United States shall acquire the rights of an
eUgtof by reason of being stationed on dutv
hi Kteip . and no person shall vote who. if
ehalL-ngsd. shall refuse to take the following
oath or affirmation . “j Jo swear (or affirm)
that I am twenty-one yeans of age, have resid
ed in this State one year, and in this county
six mouths, next preceding this election. I
have paid all taxes which, since the adoption
of the present Constitution of tilts State, have
been required of me previous to this year, and
which 1 have had <n. opportunity to’pay, and
that I have not voted at tuis ebsenos."
Section 11. Paragraph 1. 3he General As
sembly may provide, from time to time, fpr
the registration of *ll electors, bnt the follow
ing classes of persons shall not be permitted
to regiister. vote or lpold any office, or ap
poinuueut of honor or trust hi ;his State, to
wit ; Ist. Those who shall have been aopvict
ed. in any Court of competent jurisdiction, of
treason against the State, of embezzlement of
public funds, malfeasance in offp-e. bribery or
larceny, or of any crime involving moral turpi
tude. punishable by the laws of this State with
imprisonment in the penitentiarv, unless such
pessam shall have been pardoned. 2d. Idiots
and insane persons.
section IXI. Paragraph 1. Electors shall, in
all cases, eicept fof treason, felony, larceny,
aud breach of the peace, be privileged from
arrest during their attendance on elections,
and in going to and returning from the same.
Section IV. Paragraph 1. No person who is
the holder of any public money, contrary to
law, shall be eligible to any office in this State,
until the same is accounted for and paid into
the Treasury.
}’ar. 2. No person who, after the adoption of
this tloriS'itntion, being a resident of ihis
State, shall base been convicted of fighting a
duel in this State or eeapjeted of sending, or
accepting a challenge, or totmetey of aiding,
or ifczUing such duel, shall hold office tu this
State, unices be shall have been pardoned: and
every such per>ou shah, also, be subject to
snch punishment as may he preserjbed by law.
Section V. Paragraph 1. The General As
sembly shall, by law. forbid the sale, disinhu
tion. or furnishing of intoxicating drinks with
in two miles of election precincts, on days of
election—State, county or municipal—and pre
scribe ptmtabment for any violation of the
same.
Section VI. Paragraph 1. Returns of elec
tion for all civil officers elected by the people,
who are to be commissioned by the Governor,
and, also, for the members of the General As
sembly. shall be made to the Secretary of
State, unless otherwise provided by law.
Article ill—legislative Department.
Section I. Paragraph 1. The legislative pow
er of the State shall be vested in a General Ae
eembly. which shall consist of a Senate and
House of Representatives.
Section 11. Paragraph 1. The Senate shall
consist of forty-four members. There shall be
forty-four Senatorial Ihstricts. as now arrang
ed by counties. Each District ehall have one
Senator.
Par. 2. Tho First Senatorial District shall be
composed of the counties of Chatham, Bryan
and Effingham.
The Second Senatorial District shall be com
posed of the counties of Liberty, Tatnall and
Mclntosh.
The Third Senatorial District ehall be com
posed of the connties of Wavne, Pierce aud
Appling.
The Fourth Senatorial District shall be com
posed of the counties of Glynn, Camden and
Charlton.
The Fifth Senatorial District shall be com
posed of tho counties of Coffee, Ware and
Clinch.
The Sixth Senatorial District shall be com
posed of the comities of Echols, Lowndes and
Berrien.
'} he Seventh Senatorial District shall be com
posed of the connties of Brooks, Thomas and
Co’quitt.
The Eighth Senatorial District shall be com
posed of the counties of Decatur, Mitchell and
Miller.
The NiDth Senatorial District ehall he com
posed of the counties of Earlv, Calhoun aud
Baker.
The Tenth Senatorial District shall be com
posed of the counties of Doughertv, Lee and
Worth.
The Eleventh Senatorial District shall be
composed of tho counties of Clay, Randolph
and Terrell.
The Twelfth Senatorial District shall be com
posed of tho counties of Stewart, Webster and
Quitman.
The Thirteenth Senatorial District shall he
composed of tho counties of Sumter, Schley
and Macon.
The Fourteenth Senatorial District shall be
composed of the counties of Dooly, Wilcox,
Pulaski and Dodge.
The Fifteenth Senatorial District shall be
composed of the counties of Montgomery, Tel
fair aud Irwin.
ihe Sixteenth Senatorial District shall
bo composed of the countios o’ Laurens,
Ema iuel and Johnson.
The Seventeenth Senatorial District shall be
composed of tho counties of Screven, Bulloch
and Burke.
The Eighteenth Senatorial District shall bo
composed of the counties of Richmond, Glas
cock and Jefferson.
Tho Nineteenth Senatorial District shall he
composed of the counties of Taliaferro, Greene
and Warren.
The Twentieth Senatorial District shall be
composed of the counties of Baldwiu, Han
cock and Washington.
The Twouty-fiiHt Senatorial District shall be
composed of the counties of Twiggs, Wilkinson
aud Jones.
The Twenty-second Senatorial District shall
bo composed of tho counties of Bibb, Monroe
aud Pike.
The Twenty-third Senatorial District shall
he composed of tho counties of Houston,
Crawford and 'Taylor,
The Twenty-fourth Senatorial District shall
be composed of the counties of Muscogee,
Marion and Chattahoochee.
Tho Twenty-firth Senatorial District shall he
composed of the counties of Harris, Upson and
Talbot.
The Twonty-sixth Senatorial District Hhali
bo composed of the counties of Scalding, Butts
and Fayette.
Tho Twenty-seventh Senatorial District shall
be composed of the counties of Newton, Wal
ton, Clarke, Oconee and Rockdale.
The Twenty-eighth Senatorial District shall
be composed of the counties of Jasper, Put
nam and Morgan.
Tho Twenty-ninth Senatorial District shall
be composed of the connties of Wilkes, Colum
bia. Lincoln and McDuffie.
The Thirtieth Senatorial District shall bo
composed of tlio counties of Oglethorpe, Madi
son aud Elbert.
The Thirty-first Senatorial District shall he
composed of the counties of Hart, Habersham
aud Franklin.
The Thirty-second Senatorial District shall
be composed of the counties of White, Daw
sou anil Lumpkin.
Tho Thirty-third Senatorial District shall be
composed of the counties of Hall, Banks and
Jackson.
Tho Thirty-fourlh Senatorial District shall
ho composed of the counties of Gwinnett, De-
Kalb and Henry.
Tho Thirty-fifth Sonal trial District shall he
composod of tho counties of Clayton, Cobb
and Fulton.
Tho Thirty-sixth Senatorial District shall be
eomp'.sedof the countios of Campbell, Coweta,
Meriwether aud Douglas.
The Thirty-seventh Senatorial District shall
be composed of the counties of Carroll, Heard
and Troup.
The Thirty-eighth Senatorial District shall
bo composod of the counties of Haralson,
Polk and Paulding.
The Thirty-ninth Senatorial District shall ho
composed of the counties of Milton, Cherokee
aud Forsyth.
The Fortieth Senatorial District ehall be
composed of the counties of Union, Towns and
Rabun.
The Forty-first Senatorial District shall bo
composed of the counties of Pickens, Fannin
and Gilmer.
The Forty-second Senatorial District shall
bo composod of tho counties of Bartow, Floyd
and Chattooga.
The Forty-third Senatorial District shall be
composed of tho counties of Murray, Gordon
aud Whitfield.
'! bo Forty-fourth Senatorial District shall be
composed of tho countios of Walker, Dade
and Catoosa.
l’ar. 3. The General Assembly may change
these districts after each census of the United
States: Provided. That neither tho number of
districts nor tho number of Senators from
each district shall be increased.
Section 111. Paragraph 1. The House of
Representatives shall consist of one hundred
and soventy-five Representatives, apportioned
among the several counties as follows, to-wit;
To the six counties having the largest popula
tion, viz: Chatham, Richmond, Burke, Hous
ton, Bibb aud Fulton, three Representatives,
each; to the twenty-six counties having the
next largest population, viz: Bartow, Coweta,
Decatur, Floyd, Greeno, Gwinnett. Harris,
Jofferson, Meriwether, Monroe, Muscogee,
Newton, Stewart, Sumter, Thomas. Troup,
Washington, Hancock, Carroll, Cobb, Jackson,
Doughorty, Oglethorpe, Macon, Taloot and
Wilkes, two Representatives, each; and the
remaining 105 counties, one Representative
each.
Far. 2. The above apportionment ehall be
changed by the General Assembly at its first
session after each census taken by the United
States Government, so as to give the six coun
ties having tho largest population threo Repre
sentatives. each; and tho twenty-six counties
having tho next largest population two Repre
sentatives, each; but in no event shall the
aggregate number of Representatives be in
creased.
Section IV. Paragraph 1. The members of
the General Assembly shall be elected for two
years, and shall serve until their successors
are elected.
Par. 2. Tho first election for members of the
General Assembly, under this Constitution,
shall take place on the first Wednesday in De
cember, 1877; the second election for the same
shall be hold on the first Wednesday in Octo
ber, 1880, aud subsequent elections biennially,
on that day. until the day of olectiou is chang
ed by law.
Par. 3. Tho firs* meeting of the General As
sembly, after ratification of this Constitution,
shall be on the first Wednesday in November,
1878, and subsequent meetings biennially
thereafter, on the same day, until the day
shall be changed by law. But nothing herein
contained shall be construed to prevent the
Governor from calling an i xtra session of the
General Assembly before the first Wednesday
in November, 1878, if, in his opinion, the pub
lic good shall require it.
Par. i. A majority of each House shall con
stitute a quorum to transact business ; but a
smaller number may adjourn from day to day
aud compel the presence of its absent mem
bers, as each House may provide.
Par. 6. Each Senator and Representative,
before taking his seat, shall take the following
oath, or affirmation, to-wit; “I will support
the Constitution of this State and of the
United States, and on all questions and meas
ures which may come before me, I will so con
duct myself as will, in my judgment, be most
conducive to the interest and prosperity of this
State."
Par. 6. No session of the General Assembly
shall continue longer than forty days, unless
by a two-thirds vote of the whole number of
each House.
Par. 7. No person holding a military commis
sion or other appointment or office having any
i emolument or compensation annexed thereto
j tinder this State or the United States, qr either
i of them, except Justices of the Peace and offi
; cers of the militia, nor any defaulter for pnb-
I lie money or for any legal taxes required of
| him. shall have a seat in either House ; nor
j shall any Senator or Representative, after his
I qualification as such, be elected by the General
Assembly or appointed by the Governor, either
with or without the advice and consent of the
Senate, to any office or appointment having
any emolument annexed thereto during the
time for which he shall have been elected.
Psr. 8. The seat of a member of either
Hono shah he vacated on his removal from
the District or county from wbjfelr he was
elected.
Section V. Paragraph 1. The Senators shall
be citizsns of the United States, who have at
tained the age of 25 years, and who shall have
been citizens of this State for four years, aud
for one year residents of the District from
which elected.
Pr. 2. The presiding officer of the Senate
shall be styled the President of the Senate, i
and shall be elected viva voce from the Sena- ;
tom-
Par. 3. Tut Senate sha'l hate the sole power
to' try impeachments.
Par. f. When sitting for that purpose the
members shall be qn oath or affirmation, and
shall be presided over by the Chief Justice or,
the Presiding Justice of the Bnpreme Court.
Should the Chief Justice be disqualified, the
Senate shall select the Judge of the Supreme
Court to preside. No person shall be convicted
without the concurrence of two-thirds of tho
members present.
Par. 5. Judgments incases of impeachment
shall not extend farther than removal from
office, and disqualification to hold and enjoy
any office of honor, trust or profit within this
Slate ; bnt the party convicted shall never
theless be liable and subject to indwtmeui.
trial, judgment and punishment according to
law.
Section VI. Paragraph 1. The Representa
tives shall be citizens of the United States,
who have attained the age of 21 years, and
who shall have been citizens of this Stale for
two e*rs. and for one year residents of the
oountiea from jjiich elected.
Par. 2. The presiding o£jar of the House of
Representatives shall be styled the Speaker of
the House of Representatives, and eh an be
elected rica cxw from the body.
Pgr. 8. TJie Hegse o/ Representatives shall
bare tire sole power' id impeach all persons
who shall have been or may be in office.
Section VII. Paragraph 1, Each House shall
be the judge of the election returns and quali
fications of its members, and shall have power
to punish them for disorderly behavior or mis
conduct by censure, fine, imprisonment or ex
pulsion ; tux no member shall be expelled ex
cept by a Trite of two-thirds of the House to
which he belongs.'
Par. 2. Each House may punish by impris
onment, not extending beyond the seßion,
any person not a member who shall be guilty
AUGUSTA, GA., WEDNESDAY MORNING, SEPTEMBER 5, 1577.
of contempt by any disorderly behavior in
its presence, or who shall rescue, or attempt
to rescue, any person arrested by order of
either House.
Par. 3. The members of both Houses shall
be free from arsest during their attendance on
the General Assembly and in going thereto
and returning therefrom, except for treason,
felony, larceny or breach of the peace ; and no
member ehall he liable to answar in any other
place for anything spoken in debate in either
House.
Par. 4. Each House shall keep a journal of
its proceedings, and publish it immediately
after its adjournment.
Par. 5. The original journal shall be pre
served after publication in the office of the
Secretary of State, but there ehall be no other
record thereof.
Par. 6. The yeas and nays on any question
shall, at the desire of one-fifth of the mem
bers present, be entered on the journal.
Par. 7. Every bill, before it shall pass, shall
be read three times and on three separate
days, in each House, uuless in cases of aotnal
invasion or insurrection.
Par. 8. No law or ordinance shall pass which
refers to more than one subject mattor, or
oontains matter different from what is ex
pressed in the title thereof.
Par. 9. The general appropriation bill shall
embrace nothing except appropriations fixed
by previous laws, the ordinary expenses of the
executive, legislative and judicial depart
ments of the government, payment of the
public debt aud interest thereon, and for sup
port of the public institutions and educational
interests of the State. All other appropria
tions shall be made by separate bills, each em
bracing but one subject.
Par. 10. All bills raising revenue or appro
priating money shall originate in the House of
Representatives, but the Senate may propose
or concur in amendments, as in other bills.
Par. 11. No money shall be drawn from the
Treasury except by appropriation made by law,
and a regular statement and account of the re
ceipt and expenditure of all public money shall
be published every three months, and, also,
with the laws passed by each session of the
General Assembly.
Par. 12. No bill or resolution appropriating
money shall become a law unless, upon its
passage, the yeas and nays in each House are
recorded.
Par. 13. All acts shall be signed by the
President of the Senate, aud the Speak
er of the House of Representatives, and
no hill, ordinance or resolution intended to
have the offect of a law, which shall have been
rejected by either House, shall be again pro
posed during tho same session, under the
same or any other title, without the consent of
two-thii ds of the House by which the same was
rejected.
Par. 14. No bill shall become a law unless
it shall receive a majority of the votes of all
members elected to oach’House of the General
A sombly, and it shall in every instance so ap
pear on the journal.
Par. 15. All special or local bills ehall origi-j
oate in tho House of Representatives. The!
Speaker of the House of Representatives shall,!
within fivo days from the organization of the
General Assembly, appoint a committee con
sisting of one from each Congressional Dis
trict, w hose duty it Hhali he to cousider aud
consolidate all spocial and local bills, on the
same subject, aud report the same to the
House; and no special or local bill shall be
read or considered by the House until the same
has been reported by said committee, unless
by a two-thirds vote. And no bill shall he con
sidered or reported to tho House by said com
mittee, unless the same shall have been laid
before it within fifteen days after the organi
zation of the General Assembly; except by a
two-thirds vote.
Par. 16. No local or special bill shall bo pass
ed unless notice of the intention to apply
therefor shall have been published in the lo
cality where the matter or thing to be effected
may be situated, which notice shall be given ati
least thirty days prior to the introduction of
such bill into tho General Assembly, and in the i
manner to bo prescribed by law. The evidence of/
such notice having been published shall be ex
hibited in the General Assembly before such
act shall be passed.
Par. 17. No law or section of the Code shall
he amended or repealed by mere reference to
its title or to the nnrnbor of the section of the
Code, but the amending or repealing aot shall
deslinctly describe the law to he amended or
repealed, as well as the alteration to be
made.
Par. 18. The General Assembly shall havo
no power to grant corporate powers and privi
leges to private companies excopt banking, iu
surau e, railroad, oanal, navigation, express
and telegraph companies; nor to make or
change election precincts; nor to establish
bridges or ferries; nor to change names or
legitimatize children: hut it shall prescribe by
law the manner in which such powers shall be
exercised by the Courts.
l’ar. 19. Tho General Assembly shall have no
power to relieve principals or securities upon
forfeited recognizances, from the payment
thereof, either before or after judgment there
on, unless the principal in the recognizance
shall have been apprehended and placed in tho
oustody of the proper officer.
Par. 20. The General Assembly shall not au
thorize the construction of any street passen
ger railway within the limits of any incorpo
rated town or city, without the consent of the
corporate authorities.
Par. 21. Whenever the Constitution requires
a vote of two-thirds of either or both Houses
for the passing of an act or resolution, the
yeas aud nays on the passage thereof shall bo
entered on the journal.
Par. 22. The General Assembly shall have
power to mako all laws and ordinances consist-*
out 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.
l’ar. 23. No provision in this Constitution
for a two-thirds vote of both Housos of tho
General Assembly shall be construed to waive
the necessity for tho signature of tho Gover
nor, as in any other case, except in the case of
the two-thirds vote required to override the
veto, and in case of prolongation of a session
of the General Assembly.
Par. 24. Neither Honse shall adjourn for
more than three days, or to any other place,
without the consent of tho oilier, aud in oase
of disagreement between the two Houses, on
a question of adjournment, the Governor may
adjourn either, or both of them.
Section VIII. Par. 1. Tho officers of the
two Houses, than the President aud
Speaker, shall be a Secretary of tho Senate
aud clerk of the House of Representatives,
and such assistants as they may appoint; hut
tiie clerical expenses of the Senate shall not
exceed sixty dollars per day. for each session,
nor those of the House o' Representatives
seventy dollars per day for each session. The
Secretary of tho Senate and Clerk of the House
of Representatives shall be required to give
bond and security for the faithful discharge of
their respective duties.
Section IX. Paragraph 1. The per diem of
the members of the General Assembly shall
not exceed four dollars, aud mileage shall not
exceed ten cents on each mile traveled by the
nearest practicable route, iu going to and re
turning from the capital; but the President of
the Senate aud the Speaker of the House of
Representatives shall each receive not exceed
ing seven dollars per day.
Section X. Paragraph 1. All eleotions by
the General Assembly shall be viva voce, and
tiie vote shall appear on the journal of the
House of Representatives. When the Senate
aud House of Representatives unite for the
purpose of elections, they shall meet in the
Representative Hall, and the President of the
Senate shall, in such cases, preside aud declare
the result.
Section XI. Paragraph 1. All property of
the wife at the time of her marriage, and all
property given to, inherited or acquired by
her. sh&il remain her separate property, and
not be liable for the debts of her husband.
Section XII. Paragraph 1. All life insurance
companies now doing business in this State, or
which may desire to establish agencies aud do
business in the State of Georgia, chartered by
other States of the Union, or foreign States,
shall show that they havo deposited with the
Comptroller-General of the State in which
they are chartered, or of this State, the Insur
ance Commissioner, or snph other ofljeer as
may be authorized to receive it, not less than
one hundred thousand dollars, in such securi
ties as may he deemed by such officer equiva
lent to cash, subject to his order, as a guaran
tee fund for the security of policy holders.
Par. 2. When such showing is made to the
Comptroller-General of the State of Georgia
by a proper certificate from the State official
having charge of the fund so deposited, the
Comptroller-General of the State of Georgia
is authorized to issue to the company making
each showing a license to do business in the
State, upon paying the fees required by law.
Par. 3. All insurance companies chartered by
the State of Georgia, or which may hereafter
be chartered by the State, shall, before doing
business, deposit with the Comptroller-General
of the State of Georgia, or with some strong
corporation, whioh mgv be approved by said
Comptroller-General,' qhp hundred ;thoiisand
dollars, in such securities as may be deemed
by him to be eqnivalent to oasli, to be subject
to hie order, as a guarantee fund for the se
curity of the policy holders of the company
making such deposit, all interest and dividends
arising from such securities to be paid, when
hue, to the company so depositing. Any such
securities as may be needed or desired "by the
company may be taken from said department
at any time bv yeplxcips them with other se
eunties equally acceptable to tile tiomptiouer-
General. whose certificate for the same shall ;
be fhrni.-lied to t jie company.
Pr. 4 The General Assembly shall, from
time to time, enact laws fo compel all fire in
surance companies doing business in this State,
whether chartered by this State, or otherwise,
to deposit reasonable securities witn the
Treasurer of this State, to secure the people
against loss by the operations of said com
panies.
Par. 5. The General Assembly shall compel
*ll insurance companies m this" mate, er doing
business therein, under proper penalties, to
make semi-annual reports to the Governor,
and print the same at their own expense, for
; the information and protection of the people.
Article IV—Power of the (tenoral Assembly
’ Over Taxation.
Section I. Paragraph 1. The right of taxa
tion is a sovereign right—inalienable, inde
structible—is the life of the State, and right-
I fully belongs to the people in all republican
governments, and neither the General Assem
bly. nor any nor all other departments of the
■ government established by this Constitution
shall eve: have the authority to irrevocably
1 give, grant, limit, or restrain this nghtyand all
j Igws, grants.' contracts, and all-other acts
; whatsoever, by said government, pr any ije
j panment thereof, to effect tiny of these pur
poses, shall be. and are hereby, declared to be
: null and void, for every purpose whatsoever:
and said right of taxatioa shall always be un
der the complete oontrol of, and revocable by.
the State, notwithstanding any gift, grantor
contract whatsoever by the General Assembly.
Section 11. Paragraph 1. The power and
anthorityof regulating railroad, freight and
passenger tariffs, preventing unjust discrimi
; nations and requiring reasonable and jnst
rates of freight and passenger tariffs, are
hereby conferred upon the General Assembly,
whose duty it shall be to pass laws, from time
to time, iq regulate freight add passenger
tariffs, to prohibit uniuai discriminations on
the various railroads or this State, and to pro
hibit said roads from charging other than just
and reasonable rates, and enforce the same by
adequate penalties.
Par. 2. The exercise of the right of eminent
domain shall never be abridged, nor so con
strued as to prevent the General Assembly
from taking the property and franchises of in
corporated companies, and subjecting them to
public use. the same as the property of indi
viduals ; and the exercise of the police power
of the Stats shall never be abridged, nor so
construed as to permit corporations to conduct
their business in snch manner as to infringe
the eqnal rights of individuals, or the general
well being of the State.
Par. 3. The General Assembly shall not re
mit the forfeiture of the charter of any corpo
ration, now existing, nor alter or amend the
same, nor pass any other general or special
law, for the benefit of said corporation, except
upon the condition that such corporation shall
thereafter hold its charter subject to the pro
visions of this Constitution ; and every amend
ment of any oharter of any corporation in this
State, or any special law for its benefit, ac
cepted thereby, shall operate as a novation of
said obarser and shall bring the same under
tiie provisions of this Constitution : Provided.
That this seotion shall not extend to any
amendment for the purpose of allowing any
existing road to take stock in or aid in the
building of any branch road.
Par. 4. The General Assembly of this State
shall have no power to authorize any corpora
tion to buy shares, or stock, in any otheir cor
poration in this State, or elsewhere, or to
make any contract, or agreement whatever,
with any such corporation, which may have the
effect, or be intended to have the effect, to de
feat or lessen competition, or to encourage
monopoly : and all such contracts and agree
ments shall be illegal and void.
Par. 5. No railroad company shall give, or
pay, any rebate, or bonus in the nature there
of, directly or indirectly, or do any act to mis
lead or deoeive the public as to the real rates
charged or received for freights or passage,
and any such paymeut shall he illegal and
void, and these prohibitions ehall be enforced
by suitable penalties.
Par. 6. No provision of this article shall bo
deemed, held or taken to impair the obliga
tion of any aontract heretofore made by the
State of Georgia.
~ Par. 7. The General Assembly shall enforce
legislation 01 ''* ° f tlliß ar -* ole b y appropriate
Article V—Executive Department.
Section 1.. Paragraph 1. The officers of the
Executive Department shall consist of a Gov
ernor. Secretary of State, Comptroller-General
aud Treasurer.
Par. 2. The Executive power shall be invest
ed in a ifovemor. who shall hold his office dur
ing the term of two years, and until his succes
sor shall be chosea aud qualified. He shall
not he, eligible to re-election, after the expira
tion of a second term, for tho period of four
years* He shall havo a salary of three thous
and jaoUars per antium (until otherwise pro
vided by a law passed by a two-thirds vote, of
oo(h branches of tho General Assembly),which
ehiall not be increased or diminished during
trie period for which ho shall have boon elect
ed; nor shall he receive wiihin that time any
/other emolument from the United States, or
either of them, or from any foreign power.
But this redm tiou of salaiy shall not apply to
the present term of the present Governor.
Par. 3. The first election for Governor, un-
this Constitution, shall ho held on tho first
Wednesday in October, 1830, and the Govern
in' eleot shall he installed in office at tho next
dession of tho General Asiembly. An election
shall take place biennially thereafter, on said*
day, until another date he fixed by the Gener
al Aseombly. Said eleotim shall be held at
the places of holding general elections iu the
several countios of this Hate, in tho manner
prescribed for the election ef members of the
General Assembly, aud tie electors shall be
the same.
Par. 4. The returns far vvery election of
Governor shall be sealed ip by the managers,
/separately from other retires, and directed to
the President of the Senate aud Speaker of
the House of Representatives, aud transmitted
to the Secretary of State, who shall, without
opening said returns, cauie tiie same to be laid
before the Senate on tin day after the two
Houses shall have been erganized, aud they
shall he transmitted by the Senate to the
.House of Representatives.
\ Par. 5. The members cf each branch of the
lAeneral Assembly shall amvene iu tho Repre
sentative Hall, aud the Resident of the Sen
ate aid the Speaker of tne House of Repre
sentatives shall open and publish the returns
in the reresance and undo- the direction ef tiie
GeneraP Assembly; and tie person having the
majority!of tho whole lumber of votes Hliall
be deolnred duly electid Governor of this
State ; bmit if no person shall have such ma
jority, thien from the tw< persons having the
highest nbimber of votes who shall be in life,
and shall iot decline an election at the time
appointed Vnr the Generd Assembly to elect,
the Generaß Assembly shill immediately elect
a Governor toiua voce ; aid in all cases of elec
tion of a Governor by till General Assembly a
majority of the metuben present shall ha ue
oessary to afclioice.
Par. 6. Coliitested elections shall be deter
mined by botih Houses o' the General Assem
bly iu such in aimer is shall be prescribed by
law. \
Par. 7. No person shaU be eligible to tho
office of Governor wfio shall not have been a
citizen of the United States fifteen years and
a citizen of the Mato six years, and who shall
not have attained the ago of thirty years.
Par. 3. In case ef the death, resignation or
disability of the Governor, tho President of
the Mona to shall exercise tho Executive powors
of the government until such disability bo re
moved, or a sucoessor is elected and qualified.
And in case of the death, (resignation or dies
ability of the President of the Senate, the
Speaker of the House of Representatives shall
exercise the Exeeutive powers of tiie govern
ment until the removal of thie disability, or the
election and qualification of a Governor.
Par, 9. The General Assembly shall have
power to provide by Jaw for filling uuexpired
terms by special elections.
Par. 10. The Governor shall, before ho en
ters on the duties of his office, take the follow
ing oath or affirmation : “I do solemnly swear
(or affirm as the case may be) that I will faith
fully execute the office of Governor of the
State of Georgia, and will, to the host of my
ability, preserve, protect and defend the Con
stitution thereof, and the Constitution of the
United States of America.”
Par. 11. The Governor shall be Commander
in-CUief of the army and uayy of this State
and of the militia thereof.
Pr. I?. Ho shall have power to grant re
prieves and pardons, to commuto penalties,
romove disabilities imposed by law, and to re
mit any part of a sentence for offences against
the State, after conviction, exoept in cases of
treason and impeachment, subject, to such re
gulations as may bo provided by law relative to
tlje manner of applying for pardons. Upon
conviction for treason, ho may suspend the ex
ecution of the sentence aid report tho case to
the General Assembly at the next meeting
thereof, when the General awIIiW.-j shall
either pardon, commute the sentence, dirCe.it
execution or grant a further reprieve. He
shall, at each session of the General Asscm
sembly, communicate to that body each case
of reprieve, pardon or commutation granted,
stating the name of the convict, the offense of
whioh he was oonvicted, the sentence and its
date, the date of the reprieve, pardon or com
mutation and the reasons for granting the
same. He shall take caro that the laws ate
faithfully executed, and shall boa conservator
of the peace throughout the State.
Tar. 18. He shall issue writs of election to
fill all vacancies that may happen in the Senate
or House of Representatives, and Hliall give
the General Assembly, from tinjo to time, in
formation of the state of the Commonwealth,
and reoommend to their consideration bucli
measures as he may deem necessary or expe
dient. He shall have power to convoke the
General Assembly on extraordinary occasions,
bnt no law shall be enacted at called sessions
of the General Assembly except such as shall
relate to the object stated in his proclamation
convening them.
Par. 14. When any office shall become vacant
by death, resignation, or otherwise, the Gov
ernor shall have power to fill such vacancy,
unless otherwise provided by law; and persons
so appointed shall continue in office until a
successor is comnpssiened, agreeably to the
mode pointed out by this Constitution, or by
law in pursuance thereof.
Par. 15. A person once rejected by the Agn
ate shall not be re-appointed by the Governor
to the same offioe during the same session, or
the recess thereafter.
Par. 16. Tho Governor shall have the revi
sion of all bills passed by tbe General Assem
bly before the same shall have become laws,
but two-thirds of each House may pass a law,
notwithstanding his dissent, and if any bill
should not be returned by the Governor within
five days (Sundays excepted) after it has been
presented to him the same Hli&li be a law, un
less the General Assembly, by their adjourn
ment, shall prevent its return. He may ap
prove any appropriation, and disapprove any
other appropriation in the same bill, aud the
latter shall not bo effectual, unless passed by
two-thirds of each House.
Par. 17. Eveyy vofe , resolution or order, to
which the concurrence of both Houses may be
necessary, except on a question of election or
adjournment, shajl he presented to the Gover
nor, aud before it shall take effect be approved
by him, or, being disapproved, shall be re
passed by two-thirds of each House.
Par. 18. He may require information, in
writing, from the offi :ers in the Executive De
partment on any subject relating to the dutieß
of their respective offices. It shall be' the
duty of the Governor, quarterly, aud oftener,
if he deems it expedient, to examine, under
oath, the Treasurer and Cp.marohor-Genelal
oi the ataie on au matters pertaining to their
respective offices, and to inspect and review
their books and accounts. The General As
sembly shall have authority to provide bv law
for the Busi ension of either of said oft cers
from the dissbar&e of the duties of his office,
and also for the appointment of a suitable per
son to discharge the dnties of the same.
Par. 19. The Governor shall hive power to
appoint his own Secretaries, not exceeding two
in number, and'to provide such ether clerioal
forse as may be required in his office, but the
total cost for Secretaries and clerioal force in
his office shall not exceed six thousand dollars
per annum.
Section 11. Paragraph 1. The Secretary of
Btate. Comptroller-General and Treasurer ehsll
b 9 elected by the persons qualified to vote for
members of the General Assembly, at the
same time and in the same manner as the
Governor. The provisions of the Constitution
as to the transmission of the retains of elec
tions, counting the votes, declaring the result,
deciding when there is no election and when
there is a contested election, applicable to the
election of Governor, shall apply to the elec
tion of Secretary of State, Comptroller-Gen
eral afid Trotstjf6r.' They shall be commis
sioned by the Governor, and hold their offices
tor the same time as the Governor.
Par. 2. The salary of the Treasurer shall
not exqeed two thousand dollars per' annum.
The clerical expenses of his department shall
not exceed sjiteen hundred dollars per annum.
Par. 3. The salary of the Secretary of State
shall not exceed two thousand dollars per
annum, and the clerical expenses of his de
partment shall not exceed one thousand dol
lars per annum.
Par. 4. The salary the Comptroller- Gen
eral shall not exceed two thousand dollars per
annum. The clerioal expenses of his depart
ment, including the mstxranoe department and
wild land clerk, shall not exceed four thousand
dollars per annum—and without said clerk it
shall not exceed three thousand dollars per
annum, —t
Par, 5. The Treasurer shall not be allowed,
diieotly or indirectly, to receive any fee, in
terest or reward from any person, bank or cor
poration, for the deposit or use. in any man
ner. of the public funds, and the General As
sembly shall enforce tins provision by suitable
penalties.
Par. 6. No person shall be eligible to the of
fice of Secretary of State, Comptroller-
General, or Treasurer, unless he shall
have been a citizen of the United States
sor ton years, andi shall have resided
in this State for six years next preceding
his election, and shall be twenty-five years of
age when elected. All of said officers shall
give bond and security, under regulations to
be prescribed by law, for the faithful discharge
of their duties.
Par. 7. The Secretary of State, the Comp
troller-General, and the Treasurer shall not be
allowed any fee, perquisite or compensation,
oiher than their salaries as prescribed by law,
exoept their necessary expenses when absent
from the seat of government on business for
the State.
Section 111. Par. 1. The great seal of the
State shall be deposited in the office of the
Secretary of State, aud shall not be affixed to
my instrument of writing exoept by order of
the Governor or General Assembly, and that
now in use shall be the great seal of the State
until otherwise provided by law.
Article Vf.—Judiciary.
Section I. Paragraph 1. The judicial pow
ers of this State shall be vested iu a Bupreme
Court, Superior Courts, Courts of Ordinary,
Jnotices of the Peace, Commissioned Notaries
Public, aud suoh other Courts as have been or
may be established by law.
Section 11, Par. 1. The Supreme Court
shall consist of a Chief Justice aud two Asso
ciate Justices. A majority of the Court shall
constitute a quorum.
Par. 2. When one or more of the Judges are
disqualified from deciding any oase. by inter
est or otherwise, the Governor shall designate
a Judge, or Judges, of the Superior Courts to
preside iu said case.
Par. 3. No Judge of any Court shall preside
iu any case where the validity of any bond—
Federal, State, corporation or municipal—is
involved, who holds in his own right, or as the
representative of others, any material interest
in the class of bonds upon which the question
to be decided arises.
Par. 4. The Chief Justice and Associate Jus
tices shall hold their offices for six years, and
until their successors are qualified. A succes
sor to the incumbent whose term will soouest
expire shall be elected by the General As
sembly in 1880; a successor to the incumbent
whose term of office is next in duration shall
be elected by the General Assembly in 1882;
and a successor to the third incumbent shall be
elected by the General Assembly in 1884; but
appointments to fill vacancies shall only be for
the unexpire.l term, or untilsueli vacancies are
filled by elections, agreeably to the mode
pointed out by this Constitution.
Par. 5. The Supreme Court shall have no
original jurisdiction, but shall be a Court alone
for the trial aud correction of errors from the
Superior Courts, and from the City Courts of
Atlanta aud Savannah, aud such other like
Courts as may be hereafter established in
other cities; and shall sit at the seat of gov
ernment at such times, in each yoar, as shall
be prescribed by law, for ihe trial and deter
mination of writs of error from said Superior
and City Courts.
l’ar. 6. The Supremo Court shall dispose of
every case at the first or seooud term after
such writ of error is brought; and iu oaso the
plaintiff in error shall not be prepared at the
first term to proseoute the oase —unless pre
vented by Providential oause—it shall be
stricken from tho docket, and the judment be
low shall stand affirmed.
Par. 7. Iu any case the Court may, in its
discretion, withhold its judgment until the
next term after the same is argued.
Section HI. Par. 1. There shall be a Judge
of tho Superior Courts for each Judioial Cir
cuit, whose term of office shall be four years,
and'Until his successor is qualified. He may
act in other Cirouits when authorized by law.
Par. 2. Tiie successors to the present incum
bents shall he eleoted by tho General Assem
bly as follows : To the half (as near as may
bo) whose commissions are the oldest
in the year 1878, aud to the othere in
the year 1880. Ail subsequent eleotions shall
be at the sossion of the General Assembly
next preceding the expiration of the terms of
incumbents, except elections to fill vacancies.
The day of election may bo fixed by the Gen
eral Assembly.
Par. 3. The terms of tho Judges to be elect
ed under this Constitution (except to fill vacan
cies) shall begin on the first of January after
tlieir election, but if the time of tho meeting
of the General Assembly shall be changed,
the General Assembly may change the term of
the Judges selected thereafter.
Section IV. Par. 1. Tho Superior Courts
shall have exclusive jurisdiction in cases of di
vorce; iu criminal cases where the offender is
subjected to loss of life, or confinement in the
penitentiary; in cases respecting titles to laud:
and equity cases.
Par. 2. The General Assembly may confer
upon the Couris of common law all the pow
ers heretofore exercised by Courts of equity
in this State.
Par. 3. Said Courts shall have Jurisdiction iu
all oivil case q except as hereinafter provided.
Par. 4. They shall have appellate jurisdic
tion in all such cases as may he provided by
law.
Par. 6. They shall have power to correot er
rors in inferior judicatories, by writ of certiora
ri, which shall only issue on the sanction of
the Judge; and said Courts, and the Judges
thereof, shall have power to issue writs of
mandamus, prohibition, scire facias, and all
other writs that may be necessary for carrying
their powors fully into offect, and shall have
such other powers as are, or may be, conferred
on them by law.
Par. 6. Tho General Assembly may provide
for an appeal from one jury, in the Superior
or City Courts, to another, and the said
Couris may grant new trials on legal grounds.
Par. 7. Tho Court shall render judgment
without, tho verdict of a jury in all civil oases
founded on unconditional contracts in vyriting,
Where an issuabje defense is not filed under
oath or affirmation.
Par. 8. The Snperior Courts shall sit in each
connty not less than twice in each year, at suoh
time as have been or may be appointed by
law.
Par. 9. The General Assembly may provide
by law for the appointment of some proper
persons to preside in cases where the presiding
Judge is. from any oause, disqualified.
Section V. Paragraph 1. In any county
within which there is, or horeaftpr ipay be. a
City Court the Judge of spii} Cqnrt aiid of the
Superior Court may preside in the Courts of
each other in cases where the Judgo of either
Court is disqualified to preside.
Section VI. Paragraph 1. The powers of a
Oourt of Ordinary and of Probate shall be
vested in an Ordinary for each county, from
whose decision there may be an oppeal (op by
concept of parties withoqt a (jeeifqon) ip the
Superior Coqrt,under regulations prescribed by
lav. \
The Courts of Ordinary Hhall have
such powers in relation to roads, bridges, fer
ries, publi\buildings, paupera, county officers,
county taxes and other county
matins bo conferred on them by law.
Par. .V. 'lTiirOrdinary shall hold his offioe for
the term of four years, and until his successor
is elected and qualified.
Section yij. Paragraph 1. There shall be in
each militia district one Justice of the Peace,
whose official term except when elected to fill
an unexpired term shall be four years.
Par. 2. Justices of the Peace shall have ju
risdiction in all civil cases arising ex contractu,
and in cases of injuries or damages to person
al property when ffie principal cqiq dqes pot
exceed one hpudyed dollars,' ftud shall sit
monthly, at fixed times and places ; hut iu all
cases there may be an appeal to a jury in said
Court, or an appeal to the Superior Court,
under such regulations as may be prescribed
by law.
Par. 3. Justices of the l’eaoe shall be elect
ed by the legal voters in their respective dis
tricts, and shall be commissioned by the Gov
ernor. They shall he removeable on oonvictloa
for malpractice in office.
Section VIII. Paragraph 1- Commissioned
Notaries Public, not to exceed one for each
Militia District, may be appointed by the
Judges of tho Superior Courts in their re
spective Circuits, upon reoomtneudatiou of the
grand juries of the several 'dountieg. They
shall be commissioned by the for the
term of four yeays, ap'd shall be ex officio, Jus
tices of the Peace, and shall be removable on
conviction for malpractice in office.
Section IX. Paragraph 1. The jurisdiction,
powers, proceedings and practice of all Courts
or officers invested with judicial powers (ex
cept City Courts) of the same grade or class,
so far as regulated by law, and the force and
effect of the prooess, judgment and de*so,"By
Huch Courts, severally, shall US uhlrorin.
This uniformity must he established by the
General Assembly.
Sbction X. Paragraph 1. There shall be an
Attorney-General of this State, who shall be
elected by the people at the same time, for
the same torm, and in the same mafiu-r as the
Governor. ' ' 1 <- u v . ; ~
_ 2- St shall be jlie quty of the Attorney-
Gelieral to act a£ the legal adviser of the Ex
ecutive Department; to represent the State In
the Supreme Court ip all (iniUl talonios ; and
in all civil and criminal cases in any Court
when required by the Governor, and to per
form suoh other services as shall borrqulred
of him bylaw.
Section XI. Paragraph I. There shall be a
Solicitor-General for each Judicial Circuit,
whose official term, except when commissioned
to fill an uu6Xoirnd term, shall be f„m years.
Par. 2. It shall he tbp dqry of tho Boliettor-
General tarenriioiii.t the mall cases in
tpo Superior Courts of bis Circuit, and in all
cases taken up from his Circuit to the Supreme
Court; and to perform such other services as
shall be required of him by law. • '*■ *
Section XII. Paragraph 15' 'The Judges of
the Supreme and Superior Courts and Scfiioi
tovs General shall b elected by the General
Assembly, in joint session, on such day, or
days, as shall be fixed by joint resolution of
both Houses. At the session of the General
Assembly, which is held next before tie ex
piration of the terms of the, present moum
bents, as provided in tbis Constitution, their
successors Shall hi chosen; and the same shall
apply to the election of those who shall suc
ceed tfiem- Yacaticie’S occasioned by death,
resignation or other oause, shall be filled by
appointment of the Governor, until the Gen
eral Assembly shall convene, when an election
shall be held to fill the unexpired portion of
the vacant terms.
Section XIII. Paragraph 1. The Judges of
the Supreme Court shall have, out of the
Treasury of the State, salaries not to exceed
three thousand dollars per annum • the Judges
of the Superior Courts shall have salaries not
to exceed two thousand dollars per annum ;
tie Attorney-General shall have a salary not
to exceed two thousand dollars per annum;
and the Solicitors-General shall each
salaries not to exceed two bunnred Snfi fiftv
dollars per qnr.gm , but the Attorney-General
shall not haVe any fee or perquisite in any
cases arising after the adoption* of this Con
stitution ; but the provisions of this section
shall not affect the salaries of thoee now in
office.
Par. 2. The General Assembly may. at any
time, by a two-thirds vote a J each branch,
presoribfi other ana different salaries for any
or all of the above officers, but no sneh change
shall affect the offioers then in commission.
Section XIV. Paragraph 1. No person shall
be Judge of the Supreme or Superior Courts,
or Attorney-General, unless at the time of his
election he shall have attained the age of
thirty years, and shall have been a citizen of
tbe State three years, and Have practiced law
(or seven years: and no person shall be here
after elected Solicitor-General unless at the
time of his election he <shaU have attained
twenty-five years of age, shall have been a
citizen of the State for three years, and shall
have practiced law for three years next pre
ceding his election.
Section XV. Paragraph 1. No total divorce
shall be granted except on thb concurrent
verdicts of two juries, at different terms ef
pie Court. n
I Par 2. When a divoice is granted tho jury
rendering the final verdict shall determine the
rights and disabilities of the parties.
Section XVI. Paragraph 1. Divorce oases
shall be brought in the county where the de
fendant resides, if a resident of this State; if
the defendant he not a resident of this State,
then in the county in whioh the plaintiff re
sides.
Par. 2. Cases respecting titles to laud shall
be tried iu the connty where the laud lies, ex
cept where a single tract is divided by a county
line, iu which case the Superior Court of either
oounty Bhall have jurisdiction.
Par. 8. Equity cases shall be tried in the
county where a defendant resides against
whom substantial relief is prayed.
Par. 4. Suits against joint‘obligors, joint
promissors, copartners or joint trespassers, re
siding in different counties, may be tried in
either county.
Par. 5. Suits against tho maker and endorser
of promissory notes, or drawer, acceptor and
endorser of foreign or inland bills of esohauge.
or like instruments, residing in different coun
ties, Bhall he brought in the county where the
maker or acceptor resides.
Par. 6 All other civil cases shall be tried in
ihe county where tho defendant residos, and
all criminal cases shall be tried in the oounty
where the crime was oommitled, except cases
in the Superior Courts where the Judge is
satisfied that an impartial jury cannot he ob
tained in such oounty.
Section XVII. Paragragh 1. The power to
change the venue iu civil and oriminal cases
shall be vested in the Superior Court, to be
exercised in such manner as has been, or shall
he. provided hv law.
Section XVIII. Paragraph 1. The right of
trial by jury, except where it is otherwise pro
vided in this Constitution, shall remain invio
late, but the General Assembly may presoribo
any number, not less thau five, to constitute a
trial or traverse jury in Courts other than the
Superior and City Courts.
Par. 2. The Geuoral Assembly shall provide
by law for the selection of the most expe
rienced, intelligent and upright men to servo
as grand jurors, and intelligent aud upright
men to servo as traverse jurors. Nevertheless,
the grand jurors shall be competent to servo
as traverse jurors.
Par. 3. It shall be the duty of the General
Assembly, by general laws, to presoribo tho
manner of fixing compensation of jurors in all
connties in this State.
Section XIX. Paragraph I. The Goneral
Assembly shall have power to provide for the
creation of County Commissioners in such
counties as may require them, and to define
their duties.
Section XX. Paragraph 1. All Courts not
specially mentioned by liinio iu the first sec
tion of this article may ho abolinhod iu any
county, at the dis/retion of the General As
sembly.
Section XXL Paragraph 1. The costs in the
Supreme Court shall not, oxoeed ten dollars,
until otherwise provided by law. Plaintiffs in
error shall not bo required to pay costs in said
Court when tho usual pauper oath is filed in
the Court below.
Article Vll—Finance, Taxation mid flic Pub
lic Debt.
Section I. Paragraph 1. The powers of taxa
tion ever the whole Slate shall be exercised by
the Geueral Assembly for the following pur
poses only :
For the support of the State government and
the public institutions.
For educational purposes, instructing chil
dren in the elementary branches of an English
oduoation only.
To pay the interest on the pablio debt.
To pay the principal of tiie public debt.
To suppress insurrection, to repel invasion,
and defend the State iu time of war.
To supply tho Holdiers who lost a limb, or
limbs, iu the military servioe of the Confed
erate States, with substantial artificial limbs
during life.
Seotion 11. Paragraph 1. All taxation shall
be uniform upon the same olass of subjects,
and ad valorem on all property subject to bo
taxed within the territorial limits of the au
thority levying the tax, and shall he levied aud
collected under geueral laws. Tfie General
Assembly may, however, impose a tax upon
suoh domestic animals as, from their nature
and habits, are destructive of other property.
Par. 2. The General Assembly may, by law,
exempt from taxation all public property,
places of religious worship or burial, all insti
tutions of purely public charity, all buildings
erected for aud used as a college, incorporated
academy, or other seminary of horning, the
real aud personal estate of any publio library,
and that of any other literary association, used
by or connected witli suoh library, all books
and philosophical apparat is, and all paintings
and statuary of any company or association
kept in a public hall and not held as tpeiglian
fiise or for purposes of sale or gaju: Pro
vided, the property so exempted he not used
for purposes of private or corporate profit or
inoome.
Par. 3. No poll tax shall be levied except for
educational purposes, and bucli tax shall not
oxoeed one dollar annually upon each poll.
Par. 4. All laws exempting property from
taxation other than tho property herein enu
merated shall be void.
Par. 5. The power to tax corporations and
corporate property shall not he surrendered 0 r
suspended by any contract of grant to which
the State shall be a party.
Seotion 111. Paragraph 1. No dobt shall bo
contt acted by* or on behalf of the State ex
cept to supply casual deficiencies of revenue,
to repel invasion, suppress insurrection and
defend the State in lime of war, or to pav the
existing publio debt; hut tiie debj created to
supply deficiencies ip revonpe'sfialj not ex
ceed, )n fhe aggregate, two hundred thousand
dollars.
Seotion IV. Paragraph I. All laws author
izing the borrowing of money by or on behalf
of the State shall Bpecify the purposes for
which the money is to he UHed, and the money
so obtained shall bo ti ed for the purpose spe
cified and for no other.
Section V. Paragraph 1. Tlie credit of the
State shall not be pledged or loaned to any In
dividual, oompany, corporation of association,
and the State shall not* become a joint owner
or stockholder in any company, association or
corporation.
Section VI. Paragraph 1. The General As
semby shall not authorize any county, munici
pal corporation, or political division of tbis
State to become a stockholder in any company,
corporation or association, or to appropriate
money for or to loan its credit to any corpora
tion, company, association, puJitutian or indi
vidual, oxoopt for purely charitable purposes.
This restriction shall not operate to prevent
the support of schools by municipal corpora
tions within their respective limits; Provided,
that if any municipal corporation shall offer to
the State any property for locating or building
a Capitol, and the Htato accepts such offer, the
corporation may comply with such offer.
Par. 2. The General Assembly sliuu ur.thave
power to tfl ay oounty the right to
leyyg tax Tor Any purpose, except for educa
tional purposes iu instructing children in tho
clmeutary branches of an English education
only; to build aud repair the pub ic buildings
and bridges; to maintain and support prison
ers; to pay jurors and coroners, a\ul 'for litiga
tion, quarantine, rrafiy, and"expenses of
Courts; to support' paupers apfi pay debts here
tofore existing.
SpcTfOtj Vjl. Paragraph 1. The debt here
after iuourted by any county, municipal corpo
ration, or political division of this .State, ex
cept as iu this Constitution provided for, shaii
never exceed seven per centum of the assessed
value of all the taxable property therein, and
no such county, municipality or division shall
incur any new debt, except (or a' temporary
loan or loans tq supply Casual deficiencies of
reyequ?, not to exceed one-fifth of one per
centum of the assessed value of taxable prop
erty theiein. without the assent of two-thirds
of the qualified voters thereof, at a>; (.lection
for that purpose, to be '.old as may he pre
scribed by law ; hut any oily, the dffbi of which
deeq not pstpod deTen pAr dentdffj' of the av
aessyfi valtffi' of fye taxable ' ppoperiy at the
tithe of the adoption of this Constitution, may
be authorised by law to increase, at any time,
the amount of said debt three per centum
upon such assessed valuation.
Par. 2. Any (county, municipal corporation,
or political division of this State, wh&L snail
incur any bonded indebtednoos uniter the pro
v sions of this shall, at or before
the time of #q tteuig, provide for the as-esii
me’ut afad oofleotion of an annual tax sufficient
in amount to pay the principal and interest of
said debt within thirty years from the date of
the incurring of said indebtedness.
Section VIII. Paragraph l. The tytste shall
not assume the debt. nor. Say part thereof, of
any county, municipal 'corporation, or political
division of the IJtato, such debt shall
be contracted to enable (he State io repel in
vasion, suppress fuawreetiou, or defend it
self ip time at ww,
BaciHlN IX. Par. I. The receiving dirootly
or indirectly, by any offioer of State or county,
or member or officer of the General Assembly,
of any interest profits, or perquisites, arising
from the use or loan of public fuudS m his
hands, or moneys to rt'SAd through his
agency for State co;. bounty purposes, shall he
dnemod a fq.loay, aud puuisfiable as may be
prffspfibua by law, a part of which punishment
shall he a disqualification of holding office.
Section X. Par. 1 MnDicip&l corporations
shall not incur any debt until provision tbftfa
for shall have been made hv the mnpimpat
government. * ~
Section XI. Par. 'The General Assembly
shall have no authority to appropriate money,
either directly of indirectly, to pay the- whole,
or any pkrt, of the principal, or interest, oil the
bonds, or other obligations whWi hare been
pronounced illegal, null aud void by the Gen
eral Assembly, and th’e constitutional amend,-
mei'ts; ieiinea by a vote of the people on the
brut dayorMAy, 1*77; nor shall the General
Assembly have authority to pjty any of .he ob
ligatiohs created, by tJija under laws dur
ing the late fetween the States, nor any
of tip bands, notes, or obligations made and
catered into during tbe existence of said war.
the time for the payment of which was fixed
after the ratification of a treaty of peaoe be
tween the United States and the Confederate
States; nor shall the General As*;mtly pass
any law, or the Governor, or o(hw Sate offi
cial enter into any oerntratj, or agreement,
whereby the ff bate Shall made a party to any
suit iu anyOourt of this State, or of the Unit
ed Slates, instituted to test the validity of anv
such bonds or obligations.
Section XII. Paragraph 1. Tim bunded debt
of the State shan never V* increased, except
to repel
t*e UUte tH time of war.
JteCTioN xm. Paragraph 1. The proceeds ii
the sale of the Western and Atlantic. Macon
and Brunswick, or other railroads, held, by the
State, and any othdr propfirtyowned by the
State, whenevCi vhe General Assembly may
authorise the dale' o'L ifie whole, or an# part
tK'paViLTof^he
bonded debt of too State, and shall not be
used for any other purpose whatever, so long
as the State has any existing bonded debt;
Provided, that the proceeds of the sale of the
Western and Atlantic Bailroad shall be applied
to the payment of the bonds for which said
rsiiroad has been mortgaged in to
all other bonds. -d *
1. Tho General As
fcfraO raise by ’taxation each year, in
aduKion to the sum required to pay the public
expenses and interest on the publio debt, the
sum of one hundred thousand dollars, which
shall be held as a sinking fund to pay oft arid
retire the bonds of the Stare which havd net
yet matured, and shall be applied to no other
purpose whatever. If the bonds cannot at any
time be purchased at Or below par, then the
sinking fund herein provided for may be loan
ed by'the Governor and Treasurer of the State;
Provided, the security which, shall be demand
ed for said loan shall consist only of the valid
bond* of the State; but this section shall not
$2 A YEAR—POSTAGE PAID
take effeot until tho eight per cent, currency
bonds, issued under the act of February 19tli,
1878, shall have been paid.
Section XV. Paragraph 1. The Comptroller-
General and Treasurer shall each make to the
Governor a quarterly report of tho financial
condition of tho State, which report shall in
clude a statement of the assets, liabilities and
income of tho State, aud expenditures therefor,
for the three months preceding; and it ehail
be the duty of the Governor to carefully ex
amine the same by himself, or through compe
tent persons connected with his department,
and cause an abstract thereof to be published
for tho information of the people, which ab
stract shall be endorsed by him aH having been
examined
Section XVI. Paragraph 1. The General As
sembly shall not, by vote, resolution or order
grant any donation, or gratuity, in favor of
any person, corporation or association.
Par. 2. The Geueral Assembly shall not
grant or authorize extra compensation to any
publio officer, agent or contractor after the
service has been rendered, or the contract en
tered into.
Section XVII. Paragraph 1. The office of
the State Printer shall cease with the expira
tion of the term of the present incumbent, and
tho Geueral Assembly shall provide hv law for
letting the pnblio printing to the lowest re
sponsible bidder, or bidders, who shall give
adequate and satisfactorv security for tho
faithfnl performance thereof. No member of
the Geueral Assembly or other publio officer
shall be interested, either direotly or indirect
ly, in any snch contract.
Article Vlll.—lCdtiunlion.
Section I. Paragraph 1. There shall be a
thorough system of common schools for iho
oduoation of children in tho elementary
branches of an English education only, as near
ly uniform as practicable, tho expenses of
which shall bo provided for by taxation, or
otherwise. The schools shall lie free to all
children of tho State, but separate schools
shall be provided for tho white ami colored
races.
Section 11. Paragraph 1. There shall be a
State School Commissioner appointed by the
Governor, and confirmed by tho Senate, whose
term of office shall he two years, and until his
successor is appointed aud qualified. His office
ehall be at the seat of government, and he shall
bo paid a salary not to exceed two thousand
dollars per annum. The General Assembly
may substitute for the State School Commis
sioner such officer or officers as may bo deem
ed necessary to perfect the system of public
education.
Section 111. i avagraph I. Tho poll tax, any
educational fund now belonging to tho State
(exoept the endowment of the debt due lo tho
University of Georgia), a special tax on shows
and i xbibitions, and on the sale of spirituous
or malt liquors—which tho Goneral Assembly
is hereby authorized to assess—and the pro
ceeds of any o mmutation tax for military ser
vice. and all taxes that may be assessed on
such domestic animals as, from their nature
and habits, are destructive to other properly,
are hereby set apart and devoted to the sup
port of oommon schools.
Section IV. Paragraph 1. Authority may he
granted to counties, upon tho recommenda
tion of two grand juries, and to nmuieipal cor
porations, upon the recomtaondation of the
oorporato authority, to establish and maintain
public BChiols in their respective limits, by
local taxation; bqt no such local laws shall
take offect until the same shall havo been sub
mitted to a vote of the qualified voters in each
county or municipal corporation, ami approved
by a two-tliirds vote of persons qualified to
vote at such election; and the General Assem
bly may prescribe whq shall vote on suoh ques
tion.
Seotion V- Paragraph 1. Existing local
sohool systems shall not bo affected by this
Constitution. Nothing contained in seotion
first of this article shall be construed to de
prive schools in this State, not common schools,
from participation in the educational fund of
the State, as to all pupils thorein taught in tho
elementary branohes of an English education.
Section VI. Panvgvsyji I. Tho trustees of
the University qf Georgia may acoept be
quests, donations aud grants of land or other
property, for the use of Haid university. In
addition to tho payment of the annual "inter
est on the debt due by the Slato to the uni
versity, tho General Assembly may, fron\ (duo
to time, mako such donations thftretg aH the
condition of the Treasury will authorize, and
Ihe Goneral Assembly may, from time lo time,
make spell donation to any college or uni
versity for the education of the colored people
(uot exceeding one) as tho condition of tho
Treasury will authorize.
Par. 2. And the General Assembly 14 ay also,
from time to timo, mii|o sqcfi appropriations
of money as the condition of the Treasury will
authorize to any college or nniversitv, not ex
ceeding one in number, now estahliHhed or
horeafter to ha established in this Stato for
the oduoation of persons of color.
Article IX—Honieatenil mid Exemptions.
Section X. Paragraph 1. There shall he ex
empt from levy and sale, by virtue of guy wo
oess whatever, under the lqw# of this State
except as hereinafter excepted, of the proper
ty °t every hei(j of a family, or guardian, or
trustee of a family of minor children, or every
aged or infirm person, or person having the
oare and support of dependent females or any
age, who is not the head of a family, realty or
personality, or both, to the valuo in the aggre
gate of sixteen hundred dollars.
Section If. Paragraph 1- No Court or min
isterial offioer in this State shall ever have
jurisdiotiop or authority to enforce any judg
ment, execution, or decree against the proper
ty set apart for sncli purposes, including such
improvements as may bo made thereon, from
time to time, exoopt for taxes, for the pur
chase money of the same, for labor done
thereon, for material furnished therefor, or
for the removal of onoumbrances thereon
Section 111. Paragraph 1. The debtor shall
have power to waive or renounce fin writing!
his right to the benefit, of fips exemption pro
vided for in thfs article, except wearing ap
pargl and not exceeding throe hundred dollars
worth of household amt kitchen furniture ami
provisions for one year, to he selected by him
salf and wife, if any; and he shall not, after it
is set apart, alienate or encumber tl\o property
so exempted, but it may he sold ty the debtor
and his wife, if any, jointly ami with the uano
tion of the Judge of rhe Superior Court of tho
county where the debtor resides or tho land is
Biyaqtea,
the same uses.
Section IV. Paragraph 1. The General As
sembly shall provide by law an early aw practi
cable for tho wetting apart and valuation of
said property. But nothing in this artViia shall
be construed to affect or
for exemption of jfrojpa wale oontained
of this State in paragraphs
2010 tp t inclusive and the acts amendatory
thereto, It may be optional with tho appli
cant to take either, but not both of such exemp
tions. 1
Section V. Paragraph 1. The debtw shall
have authority to waive nr ronc.nnvo in writing
his right to tho lien opt of the exemption pro
vided fof jn section four, oxcept as is oxcopted
in cccfion a of this article.
Section VI- Paragraph 1. The applicant
shall at any time, have the right to suppk
ment. his exemption by adding to an amount
already set apart whioli is Jess than the whole
amount of exemption herein allowed a unlfi
ciency to make his exemption to the
whole amount. - ’
Section VII. I. Homesteads and
exemptions cf personal property which have
heon -,,wvtuforo set apart by virtue of the pro
visions of the existing Constitution of this
State, and in accordance with the hy,, tor the
enforcement thereof, or which may be hero „f
--tor set apart, at any ti me, qfiaii he ami remain
vahd as against ah debt's, wl liabilities exiet
lng at U,e rime of the athjpijim. of this Cousti
tuliom f,o tho sarns cistern that tlioy would
have been had said existing Conslitution not
been revised.
VI,L . I' ara graph 1, Bights whioh
become vested under ju-eviouisly eating
f n °t bs effected by anything herein
contained, .a all eases in which homesteads
nave Ceen set apart \V>iW- the Constitution ol
1868, and tho laws made in pursuance thereof,
*hd ft S-MW IWe sale of such property lias been
subsequently made, and the full purchase price
thereof has been paid, all right of exemption
in such property by reason of having been set
apart shall ceaao in so far ati i( aSteots tlio
right of the purchaser, (n qlt mmU cases
where a part only of, Uo purchase price has
been pau\. s\h>h irauaaqtious sliall be governo-1
by lawq now of force in tbis Ktate, in ho
far as they affect the rights of the purchaser,
as though said property had not been sot
apart.
Heotion IX. Paragraph 1. parties wU-I h've
taken a homestead of realty under (fie law of
1868 shall have the right to sell said home
stead and reinvest tfie of the sale of
the same by order 9 fr (ho Jjudsos of the Supe
rior Courts 9f thS* Statu,
Article X—Militia.
Section I. Paragraph 1. A well regulated
militia being eayeutiai to the peace and nec-U”
rity of the State, the General Awiembjy eiiall
have authority to provide l-y law how (lie
militia of this State Shall bP organized, offi
cered, trained, .HueJ, aiid equipped, and of
whon\ it consist.
i i(*V *4P General Assembly shall have
I powtr to authorize tbe of volunteer
companies and to provide for their organiza
tion into batiahoim, regiments, brigades, di
visions and oorps, with suoh restrictions as
yay bo prescribed by law, and shall have au
; tiiority to arm and equip the saote-
Par. 3. The officers and ippn cf the militia
and volunteer forces shall not be entitled to
reoelye any pay, rations ar emoluments when
no( in,aii service by authority of tho State.
Arltele Xf—Counties and County Offlrera.
Section I. Paragraph 1. Each county shall
boa body corporate, with such powers and
limitations as may be prescribed by Jaw. All
suits by or against a oounty shall be in tbe
name thereof: and th,e metes and bounds of
tbe several counties shall remain as now pre
scribed by law. unless changed as hereinafter
provided
Par. 2. No new county shall be created.
Par 3. Oounty lines shall nut be changed
unless under; the opuactiow of a general law
for that purpose
Par. * aooaty site shall be changed or
ruuvyed except by a two-thirds vole of the
' qualified voter** of the com*ty, voting at an
election held for thJ purpose, and a two
thirds vote of the General Assembly.
Par. fL iyn_Y county organization may he
dissolved anid merged with contiguous eotin
i ties, by a tyro-third* vote of the qualified
electors of anchcoAuty, wring at an election
held for that purpose.
II. Pargraph 1. The county officers
, shall be elected by the qualified voters of their
respective counties, or districts, aud shall hold
their offioes for two years. They shaii fee re
moved on conviotion for malpractice in office,
and no person shall be eligible to any of the
offices referred to. iu this paragraph, unless he
shall bavq. been a resident of the county for
two years, and is a qualified voter.
} Section 111. Paragraph 1. Whatever tribu
nal, or officers, may hereafter be. created by
the General Assembly for the' transaction of
county matters shall uniform throughout
the State, aud of tbe name name, jurisdiction
and Twpdii}*, except that the General A*sm
ciy may provide for the appointment oil Com-
I jhjssioners of Hoads and Bevemte in. any ooun-
Artlals XI IVPke inyi of, General Operation
l|i Koran In Thin Htato.
paragraph 1- The laws of general operation
in this State are, first, as the supreme law:
the Constitution of the United Staton, the laws
of the United States in pursuance thereof,
and all treaties made under the authority of
the United States.
Par. 2. Second. As next in authority thereto
tins Constitution.
Par. 3. Third. In subordination to the foro
going : All laws now of force in this State,
not inconsistent with this Constitution, and
the ordinances of this Convention, shall remain
of force until the same are modified or repeal
by the General Asssemhly. Tho tax
and appropriation acts passed at' the session
of the General Assembly of 1877, and approv
ed by the Governor of the State, and not in
consistent witli (he Constitution, aro hereby
continued of force until altered by law.
Par. 4. Local and private acts passed for tho
benefit of counties, oities, towns, corporations,
and private persons, not inconsistent with
the supremo law, nor with this Constitution,
and which have not expired nor been repealed,
shall have tho force of statute law subject to
judicial decision as to their validity when
passed, and to any limitations imposed by their
own terms.
Par. 5. All rights, privileges and immunities
winch may have vested in, ox accrued to any
person or persons, or corporation, in his, her
or their own right, or in any fidnoiarv capaci -
ty, under and in virtue of any act of {he Gou
oral Assembly, or any judgment, decree, or
order proceeding of any Court of common
jurisdiction, in this State, heretofore render
ed, shall he held inviolate bv all Courts before
which they may he brought in question, unless
attacked for fraud.
Par. (!. All judgments, ileoreeH. orders and
other proceedings of tho several Courts of this
State, heretofore made, within the limits of
their several jurisdictions, aro hereby ratified
ami affirmed, subject only to reversal l>v mo
tion for a now trial, appeal, bill of review, or
other proceeding, in conformity with tho law
of force when they were made..
Par. 7. The officers of the government now
existing shall continue in tho exercise of Iheir
several functions until their successors aro
duly elected, appointed and qualified. But
nothing herein vs to apply to any officer
whose office may ho abolished by this Consti
tution.
Par. 8. Ihe ordinances of this Convention
shall have the force of laws until otherwise
provided by the Genera 1 Assembly, except the
ordinances in reference to submitting the
homestead and capital questions to a vote of
the people, which ordinances, after being
voted on, shall have the effect of constitu
tional provisions.
Article XII I —Alucmliiiciiis f (lie
lliin.
Section I. Paragraph 1. Any amendment,
oi amendment*!, to this Constitution mav be
proposed in tho Senate or House of ilop
resentativos and if the same shall he
agreed to by twodhhde of tho members
elected to each of the two Hous.-s, su--li
proposed amendment or amendments dial he
eutored on their journals, with the yeas amt
nays taken theroou. And the General Assem
bly shall cause such amendment or amenii
menia to bo published in ono or moro news
paper m each CongroMßional District, for two
months previous to tho time of holding tho
next general election, and shall also pm
vide for a submission of such proposed amend
meut or amendments to tho people at said
next general election, and if the people shall
ratify such amendment or amendments, by a
majority of t-lie electors qualified to vote fo •
members of the General Assembly, voting
thereon, such amendment or amendments,
shall become a part of this Constitution. When
more than one amendment Is submitted a! tho
same tima, they shall he so submitted as to
enable the electors to vote on each amendment
separately.
i‘ar. 2. No convention of tho pooplo shall bo
oalled by tho General Assembly to revise,
amend or change this Constitution, unless by
the concurrence of two-thirds of tho members
of each House of ilio General Assembly. Tho
representation in said convention shall be.
based un population as near as practicable.
Seotion It. Paragraph 1. This Constitution
shall he submitted for ratification or rejection
to the electors of the State, at an elect ion to bo
held on tho first Wednesday in December, one
thousand eight hundred and seventy-seven, in
the soveral election districts of this State, at
which election every person shall he entitled!
to vote who is entitled to vote for members of
tl\e General Assembly under tho Constitution
ami laws of force at the date of such election;
said election to bo bold and conducted as is
now provided by law for holding elections for
members of the General Assembly. All per
sons voting at said election in favor of adopt
ing this Constitution shall write or have print
ed on their ballots the words “For llatifica-
Mon;" and all persons opposed to the adoption
of this Constitution shall write or hove printed
on their ballots tho words, “Against Itatitlca
tion.”
Par. 2. The votes cast, at said election shall
be consolidated in each of tho counties of this
State, as is now required by law in elections
for members of the General Assembly, and
returns thereof made to tho Governor; and
sly)tyld a majority of all the votos cast at said
election bo in favor of ratification, lie shall de
clare the said Constitution adopted, and make*
proclamation of the result of said election by
publication in one or moro newspapers in each
Congressional District of tho State, but, should
a majority of the votes cast be against ratifi
cation. he shad iu the samo manner proclaim
tho said QojßStitution rejected.
TIIKDARKIKK’ DRAW POK.ftfe.
[From (hi Virginia (Nev.) Chronicle.}
A large crowd gathered at Judge
Moss’ Court yesterday afternoon to wit
ness the trial of an assault and battery
case. Tho trouble had originated be
tween two negroes at a poker game, and
the jury and the witnesses were all of
the colored persuasion. John Bennett
and Joe lied man were tho defendants,
and the latter, being tried by tho Court,
was convicted and fined S4O. This de
cision had its effect on Bennett, who re
marked : “Guess I’ll have a jury. Bin
Court am too much for me.”
A jury of colored men were according
ly summoned, and tho Sun began, ft
was charged that Bennett, while playing
a game of poker with Redman, had
drawn a knife and threatened to make*
the trouble. Bennett took the stand,,
and made the following explanation:
“lie see, Jedge, we was playin’ poker
down in de saloon, and we got $6 in do
pot, and I had a full hand—free aoes
and two queens, Jedge, sure’ you sit.
yer.”
A juror prising in his place) --Whs
dish yer straight poker or draw ?
The witness—Draw.
The juror—I thought so.
The witness—Well, ye see, Jedge—
Judge Moses--Turn around and ad-'
dress tho jury, sir.
The witness—Yissah. Yo see I held a
fail, ?>'ud doe, he held a flush. When I
called, he said : “J’se got a flush,” an’
ho reached for de pile. “Hold on dar,”
says I, “a full heats a flush.” Says he,
“You lie !” I jus pulled out my pipe to
take a smoko and argy de point, and he
jumped up and grabbed a char—and
dat*s how de row started in.”
A juror—Did he start for you wid that
cheer ?
The witness—Well, he sorter did far a
spell, and den ho sorterlet up and stood
standiu’ for me to eome.
Redman next took tho stand and tes
tified w follows : “Ye see, jedge, I had
a flush, and John said ho had a full
hand. Mine was a flush, shnah, jedge,-
and so I reckoned on de stakes; and
John he pulled a knife as I s’posed, and
I jumped up and grabbed a cheeah to
hit him over de head. When I see de
knife was only a pipe I was so ’shamed
o’ myeelf, I jes’ didn’t know what to do,”
Judge—Do you mean to say a flush
beats a full ?
The witness -Course I do.
Four jurors at once—How’s dat ?
The witness—it was a sequence flush.
The four jurors at once—Oh !,
A juror—Did you make any “greement
about sequence flush before ye started
in to commence on do gap-.e at the out
set ?
Witness—No, We wasu’t playing a
chile’s game,
The jure* sank hack amid the laugh
ter of hifi companions, and then all
hands looked owlishly wise for tho next
three minutes. The ease finally went to
the jury, who, after settling the relative
values of a “sequence flush” and a
“full,”gave a verdict of acquittal.
THE COTTON TKAOE-
A New llcpurtnre.
\Atlanta ConstiPtt-icm.{
It is rumored that there is to bo quite
an innovation in local cotton trade this
Fall. The present system of street buy
ing will be no little affected if the plan
is earried out as it is proposed. It is
said that Mr. C. H. Strong, the well
known ootton buyer, intends to inaugu
rate regular auction sales of cotton at
the warehouse of McCandless, Ellis &
Cos., the auction to be conduced by Mr.
Ellis, who is an artist in this line. It is
claimed that the best means of finding
the trne market value of any commodity
is to advertise it, and offer it for sale at
publio outcry to tho highest bidder.
This is practically douo now by the
present system of street buying, for the
farmer always inquires around and sells
to the best bidder on his cotton. The
proposed new plan is, the subject of con
siderable comm- i;li in some quarters,
and is regarded a; good movement.
If Judge Strong undertakes it be has
the visa and energy to push it through.
No i'hanee for ihe Poor Ulnn.
[From tke Boston Traveler. 1
“Say, Mister,” said a small boy to one of
the assistants at the Public Library yes
terday, “I can't find the books I want to
git in these here catalogues, I wish
yer'dfind ’em for me.” “What work do
- yon wish to draw ?” paternally inquired
the official. “Well, hev yer got Mulli
gan the Masher, or the Gory Galoot
of the Galtees ?” The man shook his
head. “Well, I’d like ‘Bed Headed
Ralph, the Banger of the Boaring Rial
to.’ ” “We don’t keep any of that kind
of trash, my boy.” “Wot sort of a libra
ry is this, anyhow ? ” retorted the gam
in. “Why, its just like everythin’ else in
this country—run for the rich, an’ the
poor workingman gits no show at all,”