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of this State, In contravention or subversion
thereof, shall ever have any binding force.
ARTICLE IL
FniHckite and Election!.
Sec. 1. In oil elections by the People, the
Electors shall vote by ballot.
Sec. 2. Every male person born in the United
States, and every male person who has been
naturalized, or who has legally declared his in
tention to become a citizen of tbe United
States, twenty-one years old or upward, who
shall have resided in this State six montfis next
preceding the election, and shall have resided
thirty days in the eounty in which he offers to
vote, and shall have paid all taxes which may
have been required of him, and which he may
have had an opportunity of paying agreeably to
law, for the year next preceding the election,
except as hereinafter provided, shall be deemed
an elector; and every male citizen of the
United States of the age aforesaid, except as
hereinafter provided, who may be a resident of
tho State at tbe time of tbe adoption of this
Constitution, shall be deemed an elector, and
shall have all the rights of an elector as afore
said.
Provided, That no soldier, sailor or marine, in
the military or naval service of iho United States
Bhall acquire the rights of an elector by reason of
being stationed on duty in this State; and no per
son shall vote who, if challenged, shall refuse to
take the following oath : ‘‘l do swear that I have
not given or received, nor do I expect to give or
receive, any money, treat or other thing of value
by which my vote or any vote is affected or ex
pected to be affected, at this election ; nor have I
given or promised any reward,or made any threat,
by whioh to prevent any person from voting at this
election.
Sec. 3. No person ecnvicted of felony or larceuy
before any coart iu this State, or of, or in, any of
the United States, shall be eligible to any office or
appointment of honor or trust within this State,
unless he shall have been pardoned.
Sec. 4. No person who is the holder of any pub
lic moneys shall be eligible to any office in this
State, until the same is accounted tor and paid in
to the Treasury.
Sec. 5. No person who after tbe adoption of this
Constitution, ueing'a resident of this State, shall
engage in a duel, in this State or elsewhere, or
shall send or accept a challenge, or be aider or
abetter to such duel, shall vote or hold office 'u this
State, and every such person shall also be subject
to such punishment as the law may prescribe.
Soo. 6. Tho General Assembly may provide,
from time to time, for tho registration of all
Electors, but the following classes of persons
shall not bo permitted to register, vote, or hold
office: First—Those who shall have been eon -
victed of treason, embezzlement of public funds,
malfeasance in office, crime punishable by law
with imprisonment in the Penitentiary, or
bribery. Second—ldiots or insane persons.
Sec. 7. Electors shall, in all cases except
treason, felony, or breach of the peace, be privi
leged from arrest for five days before an election,
daring tho election, and two days subsequent
thereto.
Sec. 8. Ths sale of intoxicating liquors on
days of election is prohibited,
| (See. 9. Returns of elections for all civil officers,
elected by the people, who aro to oe commis
sioned by the Governor, and also by ths members
of the General Assembly, shall bo made to tho
Seorotary of State, unless otherwise provided by
law.
See. 10. The General Assembly shall enact
laws giving adequate protection to electors
before, during, and subsequent to elections.
Seo. 11. The election for Governor, members of
Congress, and of the General Assembly, after the
year 1868, shall commence On the Tuesday after
the Arst Monday in November, unless otherwise
provided by law.
ARTICLE 111-LEGISLATIVE.
Section I.
2. The legislative power shall be vested in a
General Assembly, which shall consist of a Sen
ate and House of Representatives, the members
whereof shall he elected, and the Returns of the
election made as new prescribed by law, until
changed by the Geueral AssafcbH-.
3. The members of the Senate shall be
for four years, except that members eSct-Tat the
■Arst election, from the,, twenty y i'o Senato
rial Districts numbered In this Aons&tution with
odd numbers, shall only hold their office for two
years. The members of the House of Representa
tives shall be elected for two years. The election
for members of the Geueral Assembly shall begin
on Tuesday after tile first Monday in November
of every second year, except the first election,
which shall be within Sixty days after the ad
journment of this Convention; bat the General
Assembly may, by law, change the day of elec
tion, and the members shall each hold until their
successors are elected and qualified.
4. The first meeting of the Geueral Assembly
shall be within ninety days after the adjournment
of this Convention, after which it shall meet
annually on the second Wednesday in January, or
on such other day as the General Assembly may
prescribe. A majority of each House shall con
stitute a quorum to transact business, but a smaller
number may adjourn from day to day and compel
the presence of its absent members as each House
may provide. No session of the General Assem
bly, after the second,under this Constitution, shall
continue longer than forty days, unless prolonged
by a vote of two-thirds of each branch thereof.
5. No person holding any military commission,
or other appointment or office having any emolu
ment or compensation annexed thereto, under this
State or the United States, or either of them, ex
cept Justices of the Inferior Court, Justices of the
Peace, aud officers of the militia, nor any defaul
ter for public money, or for any legal taxes re
quired of him, shall have a seat in either House.
Nor shall any Senator or Representatives, after
his qualification as such, be elected by the Geueral
Assembly or appointed by the Governor, either
witli or without the advice and consent of two
thirds of the Senate, to any office or appointment
having any emolument annexed thereto, during
the time for which heehalt have been elected.
6. No person convicted of any felony or lar
ceny before any court of this State, or of or in the
United States, "shall be eligible to any office or ap
pointment of honor or trust within this State, un
less he shall have been pardoned.
7. No person who is the holder of any public
moneys shall be eligible to any office iu this State,
until the same is accounted for and paid into the
treasury. *
8. The seat of a member of either House shall
be vacated ou his removal from the district from
which lie was elected.
Section 11.
1. There shall be forty four Senatorial Districts
in this State, composed each of three contiguous
couuties, from each of which Districts one Sena
tor shall be chosen. Until otherwise arranged,
as hereinafter provided, the said Districts shall be
constituted of counties, as follows :
The First District of Chatham, Bryan and
Effingham.
The Second District of Liberty, Tatnall and
Mclntosh.
The Third District of Wayne, Pierce and Ap
ptK Fourth District of Glynn, Camden and
Charlton.
The Fifth District of Soffee, Ware and Clinch.
The Sixth District of Echols, Lowndes and
Berrien.
The Seventh District of Brooks, Thomas, aud
Colquitt.
Tho Eighth District of Decatur, Mitchell and
Miller.
The Ninth District of Early, Callionn, and
Baker.
The Tenth District of Dougherty, Lee and
Worth.
'File Eleventh District of Clay, Randolph and
Terrell.
The Twelfth District of Stewart, Webster and
Quitman.
The Thirteenth District of Sumter, Schley aud
Macon.
The Fourteenth District of Dooly, Wilcox and
Pulaski.
The Fifteenth District of Montgomery, Telfair
and Irwin.
Tlie Sixteenth District of Lanrens, Johnson and
Emanuel.
The Seventeenth District of Bullock, Scrivcn
and Burke.
The Eighteenth District of Richmond, Glass
cock and Jefferson.
The Nineteenth District of Taliaferro, Warren
and Greene.
The Twentieth District of Baldwin, Hancock
and Washington.
The Twenty-First District of Twiggs, Wilkifi
son and Jones.
The Tweuty-Second District of Bibb, Monroe
and Pike. •
The Twenty-Third District of Houston, Craw
ford and Taylor.
The Twenty-Fourth District of Marion, Chatta
hoochee and Muscogee,
Tbe Twenty-Fluff District of Harris, Upaou
and Talbot.
The Twenty-Sixth District of Spalding, Butts
I and Fayette.
AUGUSTA, GA., SUNDAY MORNING. MARCH 22, 1868.
The Twenty-Seventh District of Newton, Wal
ton and Clark.
The Twenty-Eighth District of Jasper, Putnam
and Morgan.
The Twenty-Ninth District of Wilkes, Lincoln
and Columbia.
The Thirtieth District of Oglethrope. Madison
aud Elbert.
The Thirty-Firtt District of Hurt, Frauklin and
Habersham.
The Thirty-Second District of White, Lumpkin
and Daw son.
The Thirty-Third District of Hall, Banks and
Jackson.
The Thirty-Fourth District ot Gwinnett, De-
Kalb and Henry.
The Thirty-Fifth District of Clayton, Fulton
und Cobb.
The Thirty-Sixth District of Merriwether,
Coweta and Campbell.
Tho Thirty Seventh District of Troup, Heard
and Carroll.
The Thirty-Eighth District of Haralson, Polk
and Paulding.
The Thirty-Ninth District of Cherokee, Milton
and Forsyth.
The Fortieth District of tJniou, Towns aud
Kabun.
The Forty-First District of Fannin, Gilmer and
Pickens.
The Forty-Second District of Bartow, Floyd
and Chattooga.
The Forty-Third District ot Murray, Whitfield
and Gordon
The Forty-Fourth District of Walker, Dade and
Catoosa.
If anew county be established it shall be ad
ded to a district which it adjoins, and from which
the larger portions of its territory is taken. The
Senatorial Districts may be changed by the Gene
ral Assembly, but only at the first session after the
taking of each census’by the United States Gov
ernment; and their number shall never be in
creased.
2. The Senators shall be citizens of the United
States, who have attained the age of twenty-live
years, and who, after the first election under this
Constitution, shall have been citizens of this State
for two years, and for one vear a resident of the
District from which elected.
3. The presiding officer of the Senate shall be
styled the President, aud shall be elected viva
voce from the Seuators elect.
4. The Senate shall have the sole power to try
all impeachments. When sitting for that purpose,
the members shall be on oath or affirmation, aud
shall be presided over by one of the Judges of the
Supreme Court, selected for that purpose by a
viva voce vote of the Senate; and no person shall
be convicted without the concurrence of two
thirds of the members present. Judgments in
cases of impeachment shall not extend further
than removal from office and disqualification to
hold and enjoy any office of honor, trust or profit
within this State, but the party convicted shall
nevertheless be liable and subject to indictment,
trial, judgment aud punishment according to law.
Section 111.
1. The House of Representatives shall consist
of one hundred and seventy-five Representatives,
apportioned as follows :
To the six largest counties, to wit: Chatham,
Richmond, Fulton, Bibb, Houston and Burke,
three representatives each
To the thirty-one next largest, to wit: Bartow,
Columbia, Cobb, Coweta, Clarke, Decatur,
Dougherty, Floyd, Gwiunett, Greene, Hancock,
Harris, Jefferson, Lee, Muscogee, Monroe, Merri
wether, Morgan, Macon, Newton, Oglethorpe
Pulaski, Randolph, Snmter, Stewart, Troup,
Thomas,Talbot, Washington, Wilkesand Warren,
two representatives each ; and
To the remaining uiuety-fivo counties, one
representative each.
1. The above apportionment may be changed
by the General Assembly after each census taken
by the United States Government, but in no event
shall the aggregrate number of Representatives
be increased.
2. The Representatives shall be citizens of the
United States, have attained the age of
twenty-one year,, and who, after the first election
under this Constitution, shall have been citizens
of this State for one year, and six monf i reri
dents of the counties from whi« dected.
3. The presiding officer of tlnjrw fuse of uyre
sentatives shall be styled the an *3 snail
be elected viva voce from the f*-.\
4. The House of Representatives shall have
rfihe sole power to impeach all persons who shall
have been or may be in office.
5. All bills for raising revenue or appropriating
money shall originate in the House of Represen
tatives, but the Senate may propose or concur in
amendments as iu other bills.
Section IV.
1. Each House shall be the judge of the election
returns and qualifications of its members, and
shall have power to punish them for disorderly
behavioror misconduct, by censure, line, imprison
ment or expulsion, but no member shall be ex
pelled except by a vote of two-thirds of the House
from which he is expelled.
2. Each House may nunish by imprisonment,
not extending beyond the session, any person not
a member who shall he guilty of a contempt by
any disorderly behavior in its presence, or who,
during the session, shall threaten injury to tho
person or estate of any member for anything said
or done in either House, or who shall assault any
member going ta or returning therefrom, or who
shall ’•escue or attempt to rescue any person ar
rested by order of either House.
3. The members of both Houses shall be free
from arrest during their attendance on the Gene
ral Assembly, ana in going to or returning there
from, except for treason, felony, larceny or breach
of the peace; and no member shall be liable to
answer in any other place for anything spoken in
debate in either House.
4. Each House shall keep a Journal of its pro
ceedings, aud shall publish them immediately after
its adjournment. The yeasand nays of the mem
bers on any question shall, at the desire of one
filth of the members present, be entered ou the
Journals. The original Journals shall be pre
served, after publication, in the office of the Secre
tary of State; but there shall be no other record
thereof.
5. Every bill, before it shall pass, slmH be read
three times, ami on three separate and distinct
days, in each House, unless in cases of actual inva
sion or insurrection. Nor shall any law or ordi
nance pass which refers to more than one subject
matter, or contains matter different from what is
expressed in.the title thereof.
b. All Acts shall be signed by the President of
the Senate aud the Speaker of the House of
Representatives; and no bill, or ordinance, or
resolution, intended to have‘he effect of a law,
which shall have been rejected by either House,
shall be again proposed during the same session
under the same or any other title, without the
consent of two-tlurds of the House by which the
same was rejected.
7. Neither House shall adjourn for more than
three days, nor to any other place, without the
consent of the other; aud in case of disagreement
between the two Houses ou a question of adjourn
ment, the Governor may adjourn either or both
of them.
8. The officers of the two Houses, other than
the President and the Speaker, shall he a Secre
tary of the Senate and Clerk of the lionsfe, and
an Assistant for each, a Journalizing Clerk, two
Engrossing and two Enrolling Clerks for each
House ; and the number shall not be increased,
except by a majority vote of the House. And
the per diem pay and mileage of the members
shall be fixed by law, iu the passage (if which a
majority of the members of each House shall
concur.
9. Whenever this Constitution requires a vote
of two-thirds of either or both Houses for the
passage of an act or resolution, the yeas and nays
on the passage thereof shall be eutered on the
journal or journals. And all votes on confirma
tions or refusals to confirm nominations to office
by the Governor shall be by yeas and nays: and
the yeas and nays shall be recorded on the jour
nal.
10. Every Senator and Representative, before
taking his seat, shall take an oath or affirmation
to support the Constitution of the United States
and of this State ; that lie has not practiced any
unlawful means, directly or indirectly, to procure
his election, and that he has not given, or offered,
or promised, or caused to be given, op offered or.
promised to any person, any money, treat or thing
of value, with intent to affect any vote, or prevent
any person voting at the election at which he was
elected.
Section V.
1. The General Assembly shall have power to
make all laws and ordinances, consistent with this
Constitution aud not repugnuut to the Constitution
of the United States, wnicn they shall deem neces
sary and proper for the welfaro of the State.
2". The General Assembly may alter the boun
daries of, or lay off and establish new counties, or
abolish counties, attaching the territory to con
tiguous counties, but no new counties shall be
established bnt by a vote of two thirds of each
House, nor shall any county be abolished except
by a vote of two-tlurds of each House, and after
tne qualified voters of the county shall, at an elec
tion lield for that purpose, so desire.
Section VI.
1. No money shall be drawn from the Treasury
except by appropriation made by law, and a
FIVE DOLLARS A. YEAR.
regular statement aud a&> onto! the receipt and
expenditure of all public moneys shall be published
from time to time, and with the laws passed by
'each session of the General Assembly.
2. No vote, resolution, law, or ordei shall pass,
Krauting a donation or .gratuity iu favor of any
person, except by the concurrence of two thirds
of each branch of the General Assembly, nor to
any sectarian corporation or association at all.
3. No law or section cr the Code shall be amen
ded or repealed by mere reference to its title, or to
the number of sectiou in the Code, but tbe amend
ing or repealing act shall distinctly and fully
dose ri be the law to he amended or "repealed, as
well as the alteration to made; but this clause
shall be construed as directory only to the Gene
ral Assembly.
4. No law shall be passed by which a citizen
shall be compelled, against his consent, directly or
indirectly, to become a stockholder in or contribute
to any railroad or public improvemeut
except in the case of the inhabitants of a corporate
town or city. In such cases the General Assem
bly may permit the corporate authorities to take
such stock, or make such contribution, or engage
in such work, after a majority of the qualified
voters of such town or city, voting at said election,
shall at any election held for the purpose, have
voted ill favor of the same, but not otherwise.
3. The General Assembly shall have no power
to grant corporate powerttand privileges to private
companies, except to Banking. Insurance, Rail
road, Canal, Navigation, Mining, Express, Lum
ber, Manufacturing and Telegraph Companies;
nor to make or change election precincts; nor to
establish bridges and ferries; nor to change the
names of legitimate children; hat it shall pre
scribe, by law, the manner in which such powers
shall he exercised by the Courts. But 110 charier
for any Bank shall be. granted or extended. and no
act passed authorizing the suspension of specie
payments by any hank, except by a vote of two
thirds of the General Assembly. The General
Assembly shall pass no law milking the State a
stockholder in any corporate Company; nor shall
the credit of the State oegranted or loaned to aid
any Company without the concurrence of a ma
jority of both Houses; nor without a provision
that, the whole property of the Company shall be
bound for the security of the State prior to any
other debt or lien, except to laborers; nor to any
Company in which there is not already an equal
amount invested by private persons; nor for any
other object than a work of public improvement.
The General Assembly shall provide adequate
penalties to prohibit the salo of lottery tickets in
this State. No prpvision m this Constitution for
a two-thirds vote of both Houses of the General
Assembly be construed to waive the necessity
of the signature of the Governor, as in any other
cases except in the cases of the two-third vote
required to override the veto.
ARTICLE IV".—EXECUTIVE.
Section I.
1. The Executive power shall be vested
in a Governor, who shall hold his office during the
term of four years, and until such time as a suc
cessor shall he chosen and qualified. Ho shall
have a competent salary established by law,
which shall not he increased or diminished during
the period for which he shall have been elected;
nor shall he receive, within that period, any other
emolument from the United States, or either of
them or from any foreign power
2. After the first election, the Governor shall
be elected quadrenially, by the persons quali
fied to vote for members of the General Assembly,
ou the Tuesday after the first Monday in Novem
ber. until such time be altered by law, which elec
tion shall lie held at the places of holding general
elections in the several counties of this State, in
the same mauner as is prescribed for the election
of members of the _ General Assembly. The re
turns for every election of Governor after the
first shall he sealed up by the Managers, sepa
rately from other returns,aud directed to the Presi
dent of the Senate and Speaker of the House of
Representatives, and transmitted to His Excel
lency,the Governor, or the person exercising the
duties of Governor, for the time being, who shall,
without opening tho said returns, cause the same
to be laid before the Senate, on the day after the two
Houses shall have been organized; and they
shall be transmitted by th 6 Senate to the House
of Representatives. Tile members of each
branch of the Geueral Assembly shall convene
in the Representative Halt, and the President
of the Senate and the Speaker of the House of
Reppcserriaives shall /men aud publish the
rotwvris m ilie j.t'tfsenee of theVySral Assem
bly ; and the person having the n.ujority of the
whole number of votes given shall he declared
duly elected Governor of this State; but if no
person have such majority, then from the two
persons having the highest number of votes,
who shall be in life, and shall not decline an
election at the time appointed for the Legisla
ture to elect, the General Assembly shall imme
diately elect a Governor viva voce; and in all
cases ot election of a Governor by the General
Assembly, a majority of votes of the members
present shall ho necessary for a choice. Con
tested elections shall be determined by both
Houses of the General Assembly, in such
manner as shall be prescribed by law.
3. No person shall be eligible to the office of
Governor who shall not have been a citizen of the
tile United States fifteen years, and a citizen of this
State six years, aud who shall not have attained
tlie age ot thirty years.
4. In case ofthe death, resignation, or disability
of tho Governor, the President of the Senate shall
exercise the executive powers of the Government
until such disability be removed, or a successor is
elected and qualified. And in case of the death,
resignation, or disability of the President of the
Senate, tho Speaker of the House of Representa
tives shall exercise the executive powers ofthe
Government until the removal of the disability or
the election and qnalificatifin of a Governor The
General Assembly shall have power to provide by
law for filling mtexpired terms by a special elec
tion.
3. The Governor shall, before he enters on the
duties of his office, take he following oath Or
affirmation : "I do solemnly swear or affirm (as
the case may he) that I will faithfully execute the
office of Governor of the State of Georgia; and
will, to the best of my abilities, preserve, protect
and defend the Constitution thereof, and the Con
stitution of the United States of America.'
Section 11.
1. The Governor shall be Commander-in-
Chief of the Army ami Navy of this State, and
of the Militia’thereof.
2. lie shall have power to grant reprieves and
pardon, to commute penalties, and to remit any
part of a sentence for offences against the State,
except in cases of impeachment.
3. He shall issue writs of eleotion to fill all
vacancies that happen in the Senate and llouso
of Representatives, and shall have power to
convoke the General Assembly on extraordinary
occasions: and shall givo them, from time to
time, information of tho state of tho Common
wealth, and recommend to thair consideration
such measures as ho may deem necessary and
expedient.
4. When any office shall become vacant by
death, resignation, or otherwise, the Governor
shall have power to fill such vacancy, unless
otherwise provided by law; and persons so
appointed shall continue in office until a succes
sor is appointed ngreebly to the mode pointed
out by this Constitution, or by law iu pursuance
thereof.
5. A person once rejected by the Senate shall
not bo reappointed by tho Governor to tho same
office during the same session, or the recess
thereafter.
6. The Governor shall have the revision of all
hills passed by both Houses before the same shall
become laws, but two thirds of each House may
puss a law notwithstanding hie dissent, and if any
bill should not he returned by the Governor with
in five days (Sundays cxceptedl after it has been
presented to him, the same shall be a law, tiuless
tho General Assembly, by their adjournment, shall
prevent its return, 110 may approve any appro
priation, and disapprove any other appropriation
in the Barne bill, and the latter shall not be effectual
unless passed by two-thirds of each House.
7. Every vote, resolution, or order, to which the
concurrence of both Houses may be necessary, ex
cept upon a question of election or adjournment,
shall be presented to the Governor, and before it
shall take effect bo approved by him, or, being dis
approved, shall be repassed by two-thirds of each
House,.according to the rules and limitations pre
scribed in case .of a hill.
8. There shall be a Secretary of State, a
Comptroller General, a Treasurer, and Sur
veyor General elected by the General Assembly,
and they shall hold their offices for the like
period as the Governor, and shall have a com
petent salary, which shall not be Increased or
diminished (luring the period for which they
shall have been elected. The General Assembly
may at any time consolidate any two of these
offices, and require all the duties to bo dis
charged by one officer.
9. The Great Seal of State shall bo deposited
in tho office of the Secretary of State, and
shall not be affixed to any Instrument of
writing but by order of the Governor or Gene
ral Assembly : and that now In use shall be the
Great Seal of the State until otherwise pro
vided by law.
10. The Governor shall have power to ap
point his own Secretaries, not exceeding two
in number, unless afore shall be authorized by
the General Assembly.
ARTICLE V.—JUDICIARY.
Section I.
1. The Judlcial powers of this State shkll be
vested In a Supreme Court, Superior Courts,
Courts of Ordinary, Justices of the Peace,
commissioned notaries public, and such other
courts as have been or may be established by
Section 11.
1. The Supreme Court shall consist of three
Judges, two of whom shall constitute a
quorum. When a majority of the Judges are
disqualified from deciding any case, by interest
or otherwise, the Governor shall designate
certain Judges of the Superior Courts to sit in
their stead. At the first appointment of
Judges of the Supreme Court under this Con
stitutionj one shall be appointed for four years
one for eight years, and one for twelve years;
but all subsequent appointments, except to fill
nnexpired terms, shall be for the term of twelve
years.
2. The Supreme Court shall have no original
jurisdiction, but Bhal! be a Court alone for the
trial and correction of errors from the Superior
Courts, aud from tlie City Courts of Savannah
and Augusta, and such other like Courts as may
be hereafter established in other cities; and shall
sit at the seat of Government at such times in each
year as shall be prescribed by law, for tbe trial
and determination of write of error from said
Superior and City Courts. The days on which
the cases from the Beveral Circuits and City
Courts shall be taken up by the Court shall be
fixed by law.
3. Tlie Snpreme Court shall dispose of every
case at the first or second tern! after such writ of
error is brought; and in case the plaintiff in error
shall uot he prepared at the first term to prosecute
the case, unless prevented by Providential cause,
it shall be stricken from the docket, and judgment
below shall stand affirmed. In anv case, the
Court may, in its discretion, withhold its judg
ment until the next term after the same is argued.
4- IVhen only two Judges sit in any case, and
they disagree, the judgment below Bhall stand
affirmed.
Section. Ill:
1. There shall he a Judge of the Superior Coarts
for each Judicial Circuit. He may act in other
circuits when authorized by law. At the first ap
pointment of sneh Judges under this Constitution,
one half outlie number (as near as may be), Bhall
be appointed for four years, and the other half for
eight years; but ail subsequent appointments, ex
cept to fill unexpired terms, shall be for the term
of eight years.
2. The Superior Court shall have exclusive
jurisdiction iu cases of divorce ; in criminal cases
where tlie offeuder is subjected to loss of life or
confinement iu the penitentiary; incases respect
ing titles to land, and in equity cases, except as
hereinafter provided. But tbe General Assembly
shall have power to merge the common law aud
equity jurisdiction of said courts. Said courts
shall have jurisdiction in all other civil cases ex
cept as hereinafter provided. They shall have ap
pellate jurisdiction in all such cares as may be pro
vided by ldw. They shall have power to cor
rect errors in inferior judicatories by writ of cer
tiorari, which shall only issue on the sanction of
the Judge; and to issue writs of mandamus, pro
hibition, scire facias, and all other writs that may
he necessary for carrying their powers fully into
effect, and shall have such other powers as shall
he conferred on them by law.
3. There shall bo no appeal from one jury in
the Superior Courts to another; but tho Court may
grant new trials on legal grounds. The Courts
shall render judgment without the verdict of a
jury, in all civil cases founded on contract,
whore an issuable defenco is not filed on oath.
4. The Superior Courts shall sit iu each
county not less than twice in each year, at such
times as have been, or may be appointed by iaw.
Section IV.
1. Until the General Assembly shall otherwise
direct, there shall be a District Judge and a
District Attorney for each Senatorial District in
this State.
2. The District Judge shall have jurisdiction
to hear and determine all offences not punishable
with death or imprisonment in the Penitentiary;
and it sliairbo tbe duty of the Distriot Attorney
to represent the State in all cases before the
District Judge.
3. Tlie District Judge shall Bit at stated times—
not, less than once iu each month—in each county
in his District for tlie trial of offences, and at such
other times as tlie General Assembly may direct.
4. Offences shall he tried before the District
Judge on a written accusation, founded on the
affidavit, said accusation shall plainly set forth the
offense charged, and shall contain tile name of the
accuserand be signed by the District Attorney.
5. There shall be no j ary trial before the District
Judge except when demanded by the accused, in
which case the jury shall consist of seven.
6. Such civil jurisdiction may be conferred on
the District J udges as the General Assembly may
direct.
7. The District Judges and Attorneys shall hold
their offices for a period of four years, aud shall
receive for their services such stated compensation
in t.lieir respective Districts as may be provided by
law; but in no event shall their compensation be
in anywise dependent on fines, ierfeitures and
costs.
Section V.
1. The powers of a Court of Ordinary and of
Probate shall be vested in an Ordinary for each
county, from whose decision there may be an
appeal to the Superior Court, under regulations
prescribed by law.
2. The Court of Ordinary shall have such
powers in relation to roads, bridges, ferries,
public buildings, county officers,
county funds and taxes and other matters as
shall be conferred on them by law.
3. The Ordinary shall hold his office for tbe
term of four years and until his successor is
elected and qualified.
Section VI.
1. There shall he in each district one Justice
of the Peace, whose official term, except when
elected to fill an unexpired term, shall he four
years.
2. The Justices of the Peace ghall have juris
diction, except as hereinafter provided, in all
civil cases where the principal sum claimed
does not exceed one hundred dollars, and may
sit at any time for tho trial of such cases. But
in cases where the sum claimed is more than
fifty dollars, tlisre may be any appeal to the
Supcripr Court under such regulations as may
be prescribed by law.
8. There shall be no appeal to a jury from the
decision of a Justice of the Peace, except as
provided iu the foregoing paragraph.
4. Notaries Public may be appointed and
commissioned by tbe Governor, not to exceed
one for each Militia District, for a term of
four years, and shall be e.c-officio Justices of the
Pence.
Section VII.
1. There shall be an Attorney General of the
State, Whose official term, except appointed to fill
an unexpired term, shall be four years.
2. It shall be the duty of the "Attorney General
to act as the legal adviser of the Executive
Department; to represent the State in all civil
and criminal cases in the Supreme and Superior
Courts, when required by tbe Governor; and to
perform such other services as shall be required
of him by law.
Section VIII.
1. There shall be a Solicitor Geueral for each
Judicial Circuit, whose official term, except when
appointed to fill an unexpired term, shall be four
years.
2. It shall be the duty of the Solicitor General
to represent the State iu all cases in the Superior
Court of his 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.
Seetion IX
1. Tho Judges of the Supreme and the Supe
rior Courts, the Attornoy General, the Solicitors
Genoral, and tlio District Judges and Attorneys
shall be appointed by the Governor, with the
advice and consent of tho Senate, and shall he
removable by the Governor on the address of
each branch ot the General Assembly, or by
impeachment and conviction thereon.
2. The Justioes of the Peace shall bo elected by
tho legal votors in their respoctivo districts, and
shall he commissioned by the Governor. They
shall be removable on conviction of malpractice
in office.
Section X.
1. The Judges of tho Supreme and Superior
Courts aud the Attorney and Solicitor General
shall have, out of the State Treasury, adequate
and honorable salaries, on a specie basis, which
shall not be increased or diminished during
their continuance in office; the District Judges
and Distriot Attornles shall [receive out of the
Treasuries of the several counties of their Dis
tricts adequate compensation, on a specie basis,
which shall not be increased or diminished
during their terms of office; but said Judges
shall not receive any other perquisites or
Q-eorgia Printing Company, Publishers,
emoluments whatever, from parties or others,
2 a Th?« t O L f re^ed them ’
couitahtain^t^ Assembly shall provide for the
of ? t a nmcnt of the compensation
ot the District Judges and Attorneys between
the Counties composing their Districts and
shall require the moneys arising from fines and
lerfeitures in the District Courts To be paid
into the Treasuries thereof. *
3. No person shall be Judge of the Supreme
or Superior Courts, or Attorney General, Unless
at the time of his appointment he shall have
attained the age of thirty years, and shall have
been a citizen of this Btate three years, and
have practiced law for seven years.
Section XI.
1. No total divorce shall be granted except on
the concurrent verdict of two juries. When a
divorce is granted, the jury rendering the final
verdict Bhall determine the rights and disabilities
of the parties, subject to the revision of the court.
Section XII. -,
1. Divorce cases shall be tried in the county
where the defendant resides, if a resident of this
State. /,,
2. Criminal cases shall be tried in the county
where the crime was committed, except cases in
the Superior Courts when the presiding Judge is
satisfied that an impartialjnry cannot be obtain
ed in such county.
3. Cases respecting titles to lands shall be tried
in the county where the land lies, except where a
single tract is divided by a county line, in which
case the Superior Court of either county shall
have jurisdiction.
4. Equity cases shall be tried in the county
where a defendant resides against whom sub
stantial relief is prayed.
5. Suits against joint obligors, joint prom
isers, copartners, or joint trespassers residing
in different counties, may be tried in either
county.
6. Suits against tbe maker and indorser of
promissory notes, or other like instruments, re
siding in different counties, shall be tried in
tlie eounty where the maker resides.
7. AH other cases shall be tiicd in the county
where the defendant resides.
Section XIII.
1. The right of trial by jury, except where it
is otherwise provided in the Constitution, shall
remain inviolate.
2. The General Assembly shall provide by law
for the election of upright and in telligont per
sons to serve as jurors. There shall be no
distinction between tho classes of persons who
compose grand and petit jurors. Jurors shall
receive adequate compensation for their servicer,
to be prescribed by law.
Section XIV.
1. The Courts heretofore existing in this State,
styled inferior Courts, are abolished; and their
unfinished business and the duties of tbe Jus
tices thereof are transferred to such tribunals as
the General Assembly may designate.
Section XV.
1. The General Assembly shall have power to
provide for the creation of county commissioners
in such counties as nay require them, and to
define their duties.
Section XVI.
1. All Courts not specially mentioned by
name, in the first paragraph of this article, may
be abolished in any county at the discretion of
tho General Assembly, and the County Courts
now existing in Georgia aro hereby abolished.
Section XVII.
1 No court in this State shail have jurisdiction
to try or determine any suit against any resident
of this State, upon any contract or agreement, made
or implied, or upon auy contract made in renewal
of any debt existing prior to the first day of June,
1865. Nor shall auy court or ministerial officer of
this State have authority to enforce any judgment,
execution or decree, rendered or issued upon any
contract in renewal of a debt existing prior to the
first day of June, 1865, except iu the following
cases;
2. In suits against trustees where the property
is in the hands of Hie trustee, or has been invest
ed by him in oilier specific effects now iu his hands,
and in suits by the vendor of real estate against
the vendee, where uot more than one-third of the
purchase money has been paid, and the vendee is
m possession of the land or specific effects for
which he has sold it, and he refuses to deliver the
laud or said effects to the vendor. In such cases
the Courts aud officers may entertain jurisdiction
and enforce judgments against said trust property
or land or effects.
3. In suits for the benefit of minors by trustees
appointed before the first day of Jane, 1865.
4. 11l suits against corporations in their corporate
capacity, bat not so as to enforce the debt against
the stockholders or officers thereof iu their individ
ual capacity.
. 5. In suits by charitable or literary institu
tions for money loaned, property—other than
slaves—sold, or services rendered by sneh
institutions.
6. In suits on debts due for mechanical or
manual labor, when the suit is by the mechanic
or laborer.
7. In cases when the debt is set up by way of
defense and the debt set up exceeds any debt
due by defendant to plaintiff of which the
Courts are denied jurisdiction.
8. In aU other cases in which the General
Assembly shall by law give the said Courts and
Officers jurisdiction; Provided, that no Courts
or officer shall have, nor shall the General
Assembly give jurisdiction or authority, to try
or give judgment on or enforce any debt, the
consideration of which was a slave or slaves,
or the hire thereof.
Stclion II
1. All contracts made and not executed
during the late rebellion, with tie intention
and for the purpose of aiding and encouraging
said rebellion, or where it was the purpose and
intention of any one of the parties to such con
tract to aid or encourage such rebellion, and
that fact was known to the other party, whether
said contract was made by any person or corpo
ration with the State or Confederate States, or
by a corporation with a natural person, or
between two or more natural persons, are
hereby declared to have been and to be
illegal; and all bonds, deeds, promissory
notes, bills, or other evidences of debt, made
or executed by the parties to such contract,
or either of them, in connection with such
illegal contract, or as the consideration there
for, or in furtherance thereof, are hereby de
clared null and void, and shall be so held in all
Courts in this State, when attempt shall be made
to enforce any such contract, or give validity to
any such obligation or evidence of debt. And in
all'cases when the defendant or any one interested
iu the event of the suit, will make a plea, supported
by his or her affidavit, that he or she has reason
to believe that the obligation or evidence of in
debtedness upon which the suit is predi
cated, or some part thereof, has been given or
used for the illegal purpose aforesaid, the burden
of proof shall be upon the plaintiff to satisfy the
court and jury that the bond, deed, note, bill, or
other evidence of indebtedness upon which said
suit, is brought, is or are not, nor is any part
thereof founded upon, or in any way connected
with, any such illegal contract, and lias not been
used in aid of the rebellion; and the date of such
bond, deed, note, bill, or other evidence of indebt
edness shall not be evidence that it has or has not,
since its date, been issued, transferred, or üßed, in
aid of the rebellion.
2. It shall be in the power of the General As
sembly to HBsees and collect upon all debts, judg
ments, or causes of action, when due, founded on
any contract made, or implied, before the first
day of June, 1865, in the hands of any one in
his own right, or trustee, agent, or attorney of
another, on or after the first day of January,
1868, a tax of not exceeding twen y five per
cent., to bo paid by the creditor on pain ot the
forfeiture of the debt, but chargeable by him, as
to one half thereof, against the debtor, and col
lected with the debt: Provided, That this tax
shall not be collected if the debt or cause of ac
tion bo abandoned or settled without legal pro
cess, or if in judgment, be settled without levy
and sale ; and provided further, this tax shall
not be levied so long as the Courts of this State
shall not have jurisdiction of such debts or
causes of action.
ARTICLE VI—EDUCATION.
1. The General Assembly, at its first session
after the adoption of this Constitution, shall pro
vide a thorough system of General Education, to
be forever free to all the children of the State, the
expense of which shall be provided for by taxa
tion, or otherwise.
2. The oUtce of State School Commissioner is
hereby created. He shall be appointed by the
Governor with the consent of the Senate, and
shall bold his office for the same term as the Gov
ernor. The General Assembly Bhall provide for
the said Commissioner a competent salary and
necessary clerks. He shall keep his office at the
Seat ot Government.
8. The Toll tax allowed by this Constitution,
nny Educational fund now belonging to this
State—except the endowment of aud debt due
to the State University—or that may hereafter
NO 200
be obtained in any way, a special tax on Shows
and Exhibitions, and on the sale of spirituona
and malt liquors—which the General Assembly
is hereby authorized to assess—and the pro
ceeds from the commutation for militia service
are hereby setapart and devoted to the support
of Common Schools. And if the provisions
herein made shall, at any time, prove insuffi
cient, the General Assembly shall have
power to levy sneh general tax upon the property
of the State as may be necessary for the sup
port of said School System, And there shall be
established, soon as practicable, one cr more
Common Schools in each School Distriot in this
State.
ARTICLE VII.
, Homestead und Exemption.
1. Each head of a family, or guardian or trus
j * famU y minor children," shall been-
T*J t 0 homestead of realty to the value of
I* , 00 "P** l *! and personal property to tho
value of *1 000 in specie, both to bo valued at
e time they are set apart, and no eonrt or
mmisterial officer of this State shall ever have
jurisdiction or authority to enforce any judg
rnent, decree, or execution against eaid prop
erty so set apart—including such improve
ments as may be made thereon from time to time
except for taxes, money borrowed and expended in
the improvement of the homestead, or for the
pnrehase money of the same, and for labor
done thereon, or material furnished therefor or
removal of incumbrances thereon ; and it shaU
be the dnty of the General Assembly, as early
as practicable, to provide by law for the setting
apart and valuation of said property, and to
enact laws for the full and complete protection
and security of the same to the sole use and
benefit ot said families as aforesaid.
2. All property of the wife, in her possession
at the time of her marriage, and all property
given to, inherited, or acquired by her, shall
remain her separate property, and not be liable
for the debts of her husband.
ARTICLE VII—MILITIA.
1. The Militia shall consist of all able bodied
male persons between the ages of eighteen and
forty five years, except such as may be exempted
by the laws ofthe United States or this State; and
shall be organized, officered, rrmed, equipped and
trained in such manner as may be provided by
law; subject to the paramount authority of Con
gress over this subject.
2. Volunteer companies of Cavalry, Infantry,
or Artillery may be formed in sneh manner, and
with such restrictions, as may be provided by
law.
3. No person conscientiously opposed to bearing
arms shall be compelled to do militia dnty, but
such persons shall pay an equivalent for exemp
tion ; the amount to be prescribed by law and ap
propriated to the Common School Fund.
ARTICLE IX—COUNTY OFFICERS.
1. The county officers recognized as existing by
this Constitution, shall, where uot otherwise pro
vided for in the Constitution, be elected by the
qualified voters of their respective couuties or
Districts, and shall bold tbeir offices for two
years. They shall he removable on conviction
for malpractice in office, or on the address of two
thirds of the Senate.
ARTICLE X—SEAT OF GOVERNMENT.
1. The Seat of Government of this State, from
and after the date of the ratification of this Consti
tution, shall be in the City of Atlanta, and the
General Assembly shall provide for the erection of
anew Capitol, and such other buildings as the
public welfare may require.
2. The General, Assembly shall have power to
provide for the temporary removal of the Seat of
Government in case of invasion, pestilenoe, or
other emergency.
AN ORDINANCE^
An Ordinance, confirming the contract of a leas©
for thirty years, mad© between th© Augusta A
Summerville and tho South Carolina Railroad
Companies.
Be ti Ordained by the City Council of Augusta ,
and it is hereby Ordained by the authority of the
same, That the Augusta & Summerville Railroad
Company be, and they are hereby authorized to
contract with the South Carolina Railroad Com
pany for the use, by the ounmerviile A Augusta
Railroad Company, in accordance with the terms
of their charter, and of the Ordinance of tne
City Council of Augusta, now of force, amenda
tory of said charter, of the track belonging to
the South Carolina Raifroad Company, extend
ing from Reynolds street to the depot of the
Georgia Railroad Company, upon such terms
and stipulations as the said Summerville A
Augusta, and South Carolina Railroad Compa
nies may agree upon, with power and authority
to the said Companies, from timo to time, to
alter or modify tho terms of their contract.
And be it further Ordained, That the authority
herein granted shall not be construed to impair
any right, privilege, or power now vested in
either of said Companies.
And be it further Ordained , That all Ordi
nances and parts of Ordinances militating against
this Ordinance be, and the same are heroby, re
pealed.
Done in Council, this 13lh dayot March, 1868.
FOSTER BLODGETT, Mayor.
Attest.—Jas. N. Ells, O. C. mh!4—lOt
AN OBDZNANCE.
An Ordinance, to authorize the establishment of
Green Groceries in this City.
Beit Ordained by the City Council of Augusta,
and it is hereby Ordained by the authority of the
same, That from and after tho passage of this
Ordinance, any person offering to establish a
Green Grocery in this City, shall apply in writ
ing to the City Council for a License, stating the
place were he or she intend oarrying on said
Green Grocery, and accompanying the applica
tion with a certificate ot two or more citizens of
the neighborhood in which said Green Grocery
is to be carried on, recommending the applicant
as a fit person to be entrusted with such license,
Provided, however, that no one shall sign more
than one certificate, and that no such certificate
shall be signed by any person possessed of, or
applying for, a license.
Before opening such Greon Grocery the appli
cant shall take out a License, for which he or she
shall pay into the City Treasury the sum of three
hundred dollars, which License shall bo good for
ene year only, bnt may be renewed from year to
year, at the same price, in the discretion of tho
City Council. All licenses shall be, and continue
in force, until the first day of October next aftor
tho same are granted. Tho Mayor may grant
Licences at pro rata price for tho unexpirod por
tion of the year, coanting in all cases that part
of tho quarter in which said License is granted
as a whole quarter, and no such License shall be
granted for a less time than the unexpired por
tion of the year.
On obtaining such License the Gteen Oroeer
shall be authorized to sell iu the place for which
he is licensed, fresh meat attd vegetables and
such other articles aud things as aro usually
sold in the markets of this oity
It shall be tho duty of all Green Grocers to
exhibit the ears of such animals as they offer for
sale, to the Clerk of tho Market, and to give a
description of tho marks, brands, and color of
tbe animal so killed, and of whom obtained, and
when there is no ear mark, the hide shall be
brought with the oars on it, and on failure there
of they shall pay a fino not exceeding fifty dol
lars ; aud all such returns shall be entered by
the Clerk of the Market on record, free of ex
pense, in a book to bo kept by him for that pur
pose, which shall, at all times, be subject to the
examination of any person desiring the same,
said Clerk being paid twelve and a half cents for
each examination, aud fifty cents for each certi
ficate.
And be it further Ordained, That any person
offending against this Ordinance, shall be fined
in a sum not exceeding fire dollars per day for
every day such offence is committed.
And be it further Ordained, That All Or
dinances and parts of Ordinances militating
against this Ordinance be, and the same are
hereby, repealed.
Dene in Counoil, this, tho 13th day of March,
1868.
FOSTER BLODGETT, Mayor.
Attest—J as. N. Eh.B, C. C. mhli—lOt
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