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BBSBgpi''^BHpn<' : a. - ■fepli'. i -li ..I l.n iinni .-h.til >’ 1 bni-i'T tlinti 'jss£&l> Os tile lu rson attninß'd. t ':■- S:.it : _ i.i ’ -Iftte' niy MM 1- .1..1111-1 ’I Shite. fs. or atllieriiip to the ! ‘"^fc(lti', ll ,.: 'i.oiunl nut. eoni atlriL-f* 1 •* • f®? 1-8 "" ' : "' ! ‘ ■•• ""!■'. e'. ml ill v "J,' * Bt 1 te-til. loiiy el two «it -vS®®** f ov, ' r * ar, i "n lii' l on ll t; Court. ' . > Hi.'. . *»aß»aßitW. afti'i tine ;ni ',' Hbi.. 1 - iSl'Spt with the liee eonreiit, it. 1 i ti li • "i, ,1 li . o.'v t" . o.i free consent. <^:,^r^wer ' ,, tttYatifti "V"! i i..■ i\ : le He for ; | i Sr %x& • fit in ... ,e y -*■ >f ' ■pun -It ..:..! In." [M hie ■ tllM'l ~;Jt A * !$■ ami '.nit in . 1 « ' Mb' A i'i k jtßn ' oty net ’....1 t 1 Bpo !.•• •>.. i mi ■b 1-1: ,i>Af•'.'.yhsg'rii v ■■ ■ nii'i i . '!■ -li .it i.oi . ... ou cucii poll. yj 4 '*• • hiki ini. .iv ■,. ** *■’ ‘ H*®* 'nil ' III; !■.; ini. ■p !»• ■ • I. ußtt .. . i 1 l<e hi lie. .„| ■ li Ile Be 1; •*•’> »^B[ I '■ . Y.-I. :. •. l BjlV ;,'*iV*‘> ,> ' 1 "‘Bp*' l n ' ,-y ” ! A i • W , *«| s-ir |.riiiii!i..l M 'j; ■\*> v . >'B ' M, »'J * Y r »*- y* ' ' Bpl'n ■-!" ~ 3 Bp! O, I,r. m ■ W“ All, 1 . ~ I i|||2' >■' Ifpah ' h Bit , i/ *’« *« "■! gag i : S J ' 1 Br* I|,! ' 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 THE EXCELSIOR GLEE BOOK: A COLLECTION OF THE BEST GLEES, CHORUSES, And OI'ER \TIC GEMS, for Mixed Voices. This collection of Glees, etc., comprises the secular portion of tho new and popular “Chorus Wreath,“ and includes some of the best oomposi tions of the kind obtainable. The book is issuod in a very neat style, bound in boards, and furnished at the low price of sl. OLIVER DITSON A CO., mh2o—tf 277 Washington Street, Boston,