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AUGUSTA, GA., TUESDAY MORNING, MARCH 24, 1868.
power ppop«rly «tt*eh®d to either of the others,
lIZJt n meea herein eJfPre«Bly provided.
eI oJ| « r.-i-uiatlve act* in Tiolatlon of thie
Constitution, or the Constitution of the United
States, sre void; and the Judiciary shall so do
dare theni. _ . , „
See, 33. Tho SUto of Georgia shall ever re
main a member of the American Union; the
people thereof are a part of the American Na
tion; every citizen thereof owes paramount
allegian co to the Constitution and Government
of the United States, and no law or ordinance
of this State, in contravention or subversion
thereof, shall ever have any binding force.
ARTICLE 11.
Franchise and Electiont.
See. 1. In all elections by the people,|tho
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 the United
States, twenty-one years old or upward, who
shall have resided in this State six months next
preceding the election, and shall have resided
thirty days in the county 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 providedjshall 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
the State at the time of the 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 servico of the Uuited States
shall acquire the rights of an elector by reason of
being stationed ou duty in this State: and no per
son wall vote who, if challenged, shall refuse to
take the following oath : “I do swear that I have
uot 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 which to preventany person from voting at this
election."
Sec. 3. No person convicted of felony or larceny
before any court in this State, or of, or in
the United States, shall be eligiblo to any oflice or
appointment of honor or trust withiu 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 for and paid into
the Treasury.
Sec. 5. No person who after the adoption of this
Constitution, hciug[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 each duel, shall vote or hold office ’n this
State, and every such person siiall also he subject
to such punishment as the law may prescribe.
Sec. 6. Tho General Assembly may provide,
from timo to time, for tho registration of all
electors, but tho following classes of persons
shall not be permitted to register, vote, or hold
office: First—Those who shall have been con
victed of treason, embezzlement of public funds,
malfeasance in office, criino punishable by law
with imprisonment in the Ponitentiary, or
bribery. Second—ldiots 6r insane persons.
Sec. 7. Electors shall, in all cases, excopt
treason, felony, or breach of tho peace, bo privi
leged from arrest for five days before an election,
during the election, and two days subsequent
thereto.
Seo. 8. The sale of intoxicating liquors on
days of election is prohibited.
Sec. 8. Returns of election for all civil officers,
elected by the people, who are to bo commis
sioned by the Governor,and also for tbs membeil
of the General Assembly, shall be made to the
Secretary of State, unless otherwise provided by
law.
Sec. 10. The General Assembly shall enact
laws giving adequate protection to electors
before, during, and subsequent to elections.
Sec. 11. The election for Governor, members of
Congress, and of the General Assembly, after the
year 1808, •kail commence on tho Teas flay after
the first Monday in November, unless otherwise
provided by law.
ARTICLE III—LEGISLATIVE.
Section 1.
1. The legislative power shall be vested in a
General Assembly, which shall consist of a Sen
ate and House of Representatives, and until other
wise directed the members thereof after the first
election, shall be elected, and the returns of the
election made as now prescribed by law.
2. The members of the Senate shall be elected
for four years, except that the members elected at
the first election, from the twenty-two Senato
rial Districts numbered in this Constitution with
odd numbers, shall only hold their office for two
years. The memberp of the House of Representa
tives shall be electedfor two years. The election
for members of the General Assembly shall begin
on Tuesday after the first Monday in November
of every second year, except the first election,
which shall he within Sixty days after the ad
journment of this Convention : but the General
Assembly may, by law, change til* time of elec
tion, ana the members shall hold until their
■accessors are elected and qualified.
3. The first meeting of trie General 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 each’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 eacli branch thereof.
4. No person lioldiDg a 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 Peace, and officers of the
militia, uor any defaulter for public money, or for
any legal taxes required of him, shall have a seat
in either House. Nor shall any Senator or Re
presentative, after his qualification as such, be
elected by the General Assembly or appointed by
the Governor, either with or without the advice
and consent of the Senate, to any oliiceor appoint
ment having any emolument annexed thereto,
daring the time for which lie shall have been
elected.
5. The seat of a member of either House shall
he vacated on his removal from the district from
which he was elected.
Section 11.
1. There shall he forty four Senatorial Districts
iu this State, composed each of three contiguous
counties, from each of which Districts one Sena
tor shall he chosen. Until otherwise arranged,
as hereinafter provided—the said Districts shall be
constituted, as fallows:
The First District of Chatham, Bryan aud
Effingham.
The Second District of Liberty, Tatnall and
Mclntosh.
The Third District of Wayne, lherce and Ap
pling.
The Fourth District of Glynn, Camden and
Charlton.
The Fifth District of Coffee, Ware and Clinch!
The Sixth District of Echols, Lowndes and
Berrien.
The Seventh District of Brooks, Thomas, and
Colquitt.
Tho Eighth District of Decatur, Mitchell and
Miller.
The Ninth District of Early, Calhoun, and
Baker.
The Tenth District of Dougherty, Lee and
Worth.
The Eleventh District of Clay, liuiulolph a id
Terrell.
The Twelfth District of Stewart, Webster aud
Quitman.
The Thirteenth District of Sumter, Schley and
Macon. ,
The Fourteenth District of Dooly, Wilcox and
Pulaski.
The Fifteenth Distiict of Montgomery, Telfair
and Irwin.
The Sixteenth District of Laurens, Johnson and
Emannei.
The Seventeenth District of Bullock, Scrivon
aud Bnrke.
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, Wilker
son and Jones.
The Twenty-Second District of Bibb, Monnoe
and Pike.
The Twenty-Third District of Houston, Craw
ford and Taylor.
The Twentv-Fourth District of Marion, Chatta
hoochee and Muscogee.
FIVE DOLLARS A. YEAR.
The Twenty-Fifth District of Harris, Upson
and Talbot.
The Twenty-Sixth District of Spalding, Butts
and Fayette.
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 Oglethropc. Madison
and Elbert.
The Thirty-Firtt District of Hart, Franklin and
Habersham.
The Thirty-Second District of White, Lumpkin
and Dawson.
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
and Cobb.
The Thirty-Sixth District of Merri wether,
Coweta and Campbell.
The Thirty Seventh District of Troup, Heard
and Carroll.
The Thirty-Eighth District of Haralson, Polk
and Paulding.
Tho Thirty-Ninth District of Cherokee, Milton
and Forsyth.
The Fortietli District of Union, Towns and
Rabun.
Tho Forty-First District of Fauniu, Gilmer and
Pickens.
Tlte Forty-Second District of Bartow, Floyd
and Chattooga.
Tlte Forty- Third District of Murray, Whitfield
and Gordon
The Forty-Fourth District of Walker, Dade and
Catoosa.
If anew comity be established it- shall be ad
ded to a district which it adjoins, and from which
the larger portion of its territory is taken. The
Senatorial Districts may be changed by the Gene
ral Assembly, but only at the first session after the
publication of each census by the United States
Government; and their nnmber shall not be in
creased.
□. The Senators shall bo citizens of the United
States, who have attained the age of twenty-five
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 he
styled the President, and shall he elected viva
voce from the Senators.
4. The Senate shall have the sole power to try
impeacbmeuts. When silting for that purpose,
the members shall be on oath or affirmation, and
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 and 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, Gwinnett, Greene, Hancock,
Harris, Jeffersou, Lee, Mnscogee, Monroe, Merri
wetber, Morgan, Macon, Newton, Oglethorpe
Pnlaski, Randolph, Sumter, Stewart, Tronp,
Thomas,Talbot, Washington, Wilkesand Warren,
two representatives each i and
To the remaining ninety-five counties, one
representative each.
2. The above apportionment may he changed
by the General Assembly after each censui
by the United States Government, but in no event
shall the aggregrate number of Representatives
be increased.
3. The Representatives shall ho citizens of the
United States, who have attained the age of
twenty-one years, and who, after the first election
under this Constitulion, shall have been citizens
of tliis State for one rear, anil for six mouths resi
dent of the counties from which elected.
4. The presiding officer of the House of Repre
sentatives shall he styled the Speaker of the
House of Representatives, and shall be elected
viva voce from the body.
5. The House of Representatives shall have
the sole power to impeach all persons who shall
have been or may lie in office.
6. All hills for raising revenue or appropriating
money shall originate in the House of Represen
tatives, but tho Senate may propose or concur in
amendments as in 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
beliavioror misconduct, by censure, fine, 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 punish by imprisonment,
not extending beyond the session, any person not
a member who shall be guilty of a contempt by
any disorderly behavior in its presence, or who,
during the session, shall threaten injury to the
person or estate of any member for anything 6aid
or done in either House, or who shall assault any
member going to or returning therefrom, or who
shall rescue or attempt to rescue any person ar
rested by order of cither lionse.
3. The members of both Houses shall he free
from arrest during their attendance on the Gene
ral Assembly, and 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
ceediugs, and publish it immediately after
itk adjournment. The yeas and nays of the mem
bers on any question shall, at the desire of one
filth of the members present, lie entered on tile
Journals. The original Journals shall be pre
served, after publication, in tlie officsof tlie Secre
tary of State; but there shall be no other record
thereof.
5. Every bill, before it shall pass, shall be read
three times, and on three separate 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 wliat is
expressed in the title thereof.
6. All Acts shall he signed by the President of
the Senate and the Speaker of the House of
Representatives; and no hill, ordinance, or
resolution, intended to have the effect of a law,
which shall have been rejected by either House,
shall be again proposed during the same session
under the same oranv other title, without the
consent of two-thirds of the House by which the
same was rejected.
7. Neither House shall adjourn for uiox'e than
three days, nor to any other place, without the
consent of the other; and in case of disagreement
between the two Houses on 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 Speaker, shall he a Secre
tary of the Senate and Clerk of the House, 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 vote of the House. And.their pay,
as well as the pay aud mileage of the members
shall be fixed by law.
9. Whenever the Constitution requires a vote
of two-thirds of either or botli Houses for the
passage of an act or resolution, the yeas and nays
on tlie passage thereof shall be entered on the
journal, and all votes on confirmations 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 journal.
10. Every Senator or Representative, before
taking his scat, shall tako an oath or affirmation
to support the Constitution of the United States
and of this State ; that he 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, or offered or
promised to any person, any money, treat or thing
of value, with intent to ntfect any vote, or to pre
vent any person voting at the election at which li*
was elected.
Section V.
1. The General Assembly sliall have power to
make all laws and ordinances, consistent with this
Constitution aud not repugnant to the Constitution
of the United States, which they sliall dcotn neces
sary and proper for the welfare of the State.
2. The General Assembly may alter the boun
daries of, or lay off and establish now counties, or
abolish counties, attaching the territory thereof to
contiguous comities, hut no new counties shall be
established except try a vote of two-thirds of each
House, nor sliall any comity lie abolished except
jby a vote of two-thirds of each House, and after
the qhalified voters of the comity shall, at an elec
tion held for the purpose, so decide.
Section VI.
1. No money shall be drawn from the Treasnry
except by appropriation made by law, and a
regular statement and account of the receipt and
expenditure of all public moneys shall be published
from time to time, aud also the laws passed by
each session of the General Assembly.
2. No vote, resolution, law, or order shall pass,
granting a donation or gratuity iu favor of any
person, except by the concurrence of two-thirds
of each branch of the General Assembly, uor by
any vote to a sectarian corporation or association.
3. No law or section of the Code shall be amen
ded or repealed by mere reference to its title, or to
the number of the section in the Code, hut the
amending or repealing act shall distinctly and fully
describe tho law to bo amended or repealed, as
well as the alteration to be made; but this clause
shall he 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 stockhol ier in or contribute
to any railroad or work of pnblic improvement,
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
snch stock, or make sucli contribution, or engage
in such work, after a majority of the qualified
voters of such town or city, voting at election,
Held for the purpose, shall fiave.voted in favor of
the same, but not otherwise.
5. The General Assembly shall have no power
to grant corporate powers and 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 or ferries; nor to cltange the
names of legitimate children; but it shall pre
scribe, by law% the manner in which such powers
shall be exercised by tlte Courts. But no charier
for any Bank shall lie granted or extended, aud no
act passed authorizing the suspension of specie
payments by any bank, except by a vote of two
thirds of tho General Assembly. Tho General
Assembly shall pass no law making the State a
stockholder in any corporate Company; nor shall
tlie credit of the State be granted or loaned to aid
any Company 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; uor to any
Company in which there is not already an equal
amount invested by private persons; nor fdV any
other object titan a work of public improvement.
No provision m this Constitution for a two
thirds vote of both Houbcs of the General
Assembly shall be construed to waive the necessity
for the signature of tho Governor, as in any other
cases except in the cases of the two-thirds vote
required to override the veto.
ARTICLE IV.—EXECUTIVE.
Section I.
1. Tlte 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 aud qualified. lie shall
have a competent, salary established by law,
which shall not ho iucrcascd or diminished during
the period for which ho 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
he elected quadrennially, by the persons quali
fied to vote for members of the General Assembly,
ou tlte Tuesday after the first Monday in Noveih
her, until snch time be altered by law. which elec
tion shall be held at the places of holdiug general
elections iu tho several counties of litis State, in
the same manner as is prescribed for the election
of members of the General Assembly. The re
turns for every election of Governor after tho
first shall be sealed up by tlie Managers, sepa
rately from other returns, and directed to tlie Presi
dent of tlie Senate and Speaker of the House of
Representatives, and transmitted to His Excel
lency, the Governor, or the perron exercising the
duties of Governor for the time being, who shall,
without opening the 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 the Senate to the House
of Representatives. The members of each
branch of tlie General Assembly shall convene
in the Representative Hall, and the President
ot the Senate and the SpeJtter of the Hmiso of
Representatives shall open and publish the
returns iu tho presence of tlie General Assem
bly ; and the person having the majority of the
whole number of votes given shall lie declared
duly elected Governor of this State; but if no
person have such majority, then from the two
persons haying the highest number of votes,
who shall be iu lite, and shall not decline au
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 be necessary for a choice. Con
tested elections shall he determined by both
Houses of the General Assembly, in such
manner as shall he prescribed by law.
3. No person shall be eligible to the office of
Governor who shall not have been a citizen of the
the United States fifteen years, and a citizen of this
State six years, aud who shall not have attained
the age ot thirty years.
4. In case of the death, resignation, or disability
ofthe Governor, tlie President of the Senate shall
exercise the executive powers of the Government
until such disability be removed, or a successor is
elected and qnalified. And in case of the death,
resignation, or disability of the President of tho
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 qualification of it Governor. The
General Assembly shall have power to provide by
law for tilling unexpired terms by a special elec
tion.
5. The Govermn- shall, before he enters on the
duties of his office, take he following oatli or
affirmation : “I do solemnly swear or affirm (as
the case may he) that I will faithfnllv execute tlie
oflice of Governor of the State of Georgia; aud
will, to the best of my abilities, preserve, protect
and defend the Constitution thereof, and the Con
stitution ofthe United States of America."
Section 11.
J. The Governor shall bo Coiumander-in*
Chief of the Army aud Navy of ibis State, and
of the Militia thereof.
2. lie shall have power to grant reprieves and
pardon, to commuto penalties, and to remit any
part of a sentence lor offenses against the State,
except in cases of impeachment. •
3. Ho shall issue writs of election to fill all
vacancies that happen in the Scnato or House
of Representatives, and shall have power to
convoke tho General Assembly on extraordinary
occasions: and shall give them, from timo to
time, information of tho state of tho Common
wealth, and recommend to their consideration
such measures as he may deem necessary and
expedient.
4. When any office shall bccoaio vacant by
death, resignation, or otherwise, tho Governor
shall have power to fill such vacancy, unless
otherwise provided by law; and persons so
appointed shall continuo in office until a succes
sor is appointed agroebly to the mode pointed
out by this Constitution, or by law in pursuanco
thereof.
5. A person onco rejected by the Senate shall
not bo reappointed by the Governor to the same
office during the same session, or the recess
thereafter.
6. The Goverpor sliall have the revision of all
bills passed by both Houses before the same shall
become laws, bnt two thirds of each House may
pass a law notwithstanding his dissent, and if any
bill should not bo returned by tlie Governor with
in five days (Sundayb excepted! after it has been
presented to him, the same shall be a law, unless
the General Assembly, by their adjournment, shall
prevent its return. He may approve any appro
priation, and disapprove any other appropiiation
in the same bill, and the latter shall not be effectual
unless passed by two-thirds of each llonse.
7. Every vote, resolution, or order, to which the
concurrence of both Houses may be necessary, ex
cept on a question of election or adjournment,
shall be presented to tlie Governor, and before it
shall take effect be approved by him, or, being dis
approved, shall be repassed by two-thirds of each
House, according to the rules aud limitations pre
scribed in case of a bill.
8. There shall be a Secretary of State, a
Comptroller Geucral, 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 during tho 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 tlie State shall be deposi
ted in the office of the Secretary of State, and
shall not bo affixed to any instrument of
writing but by order of the Governor or Qeno
ral Assembly; aud that now in use shall be the
Great Seal of the Stale until otherwise pro
vided by law.
10. The Governor shall have power to ap
point bis own Secretaries, not exceeding two
In nnmber, -unless more shall he authorized by
the General Assembly.
ARTICLE V.—JUDICIARY,
Section I.
1. The Judicial powers of this State shall 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 he established by
law.
Section 11.
1. The Supreme Court shall consist of three
Judges, two of whom shall constitute a
quorum. When a majority of the Judges arc
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
stitution, one shall be appointed for four years
one for eight years, and one for twelve years;
hut all subsequent appointments, except to fill
unexpired terms, shall be for the term of twelve
years.
2. The Supreme Court shall have no original
jurisdiction, bat shall be a Court alone for tlie
trial and correction of errors from the Superior
Courts, and from the 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 iu each
year as Bhall be prescribed by law, for the trial
and determination of writs of error from said
Superior and City Courts. The dayß on which
the cases from the several Circuits and City
Coprts shall be taken up by the Court shall he
fixed' by law.
3. The Supreme Court shall dispose of every
case at the first or second teim after Bitch writ of
error is brought; and in ca6e the plaintiff in error
shall uot be prepared at the first term to prosecute
the case, unless prevented by Providential cause,
it shall be stricken from the docket, and the judg
ment below shall staud affirmed. In any case, the
Court may, iu its discretion, withhold its judg
ment until the next term after the same is argued.
4. When only two Judges sit in any case, and
they disagree, the judgment below shall stand
affirmed.
Section 111.
1. There shall be a Judge of the Superior Courts
for each Judicial Circnit. He may act in other
circuits when authorized by law. At the first ap
pointment of sucli Jodges under this Constitution,
one half of the number (as near as may be) shall
he appointed for four years, and tlie other half for
eight years; but all subsequent appointments, ex
cept to fill unexpired terms, shall oe for the term
of eigh^ears.
2. I* Superior Court shall have exclusive
jurisdiction in eases of divorce -, in criminal cases
where the offender is subjected to loss of life or
confinement in tho penitentiary ; in cases respect
ing titles to land, and equity cases, except as
hereinafter provided. But tlie General Assembly
shall have power to merge the common law aud
equity jurisdiction of said courts. Said courts
shallliave jurisdiction in all other civil casts ex
cept as hereinafter provided. They shall have ap
pellate jurisdiction in all such cases as may be pro
vided by law They shall have power to oor
rect errors in inferior judicatories by writ of cert
tiorari, which shall only issue on the sanction o
the Judge; aud to issue writs of mandamus, pro
hibition, tcirc facias, and all other writs that may
be necessary for carrying their powers fully into
effect, and shall have such other powers as shall
be conferred on them by law.
3. There shall bo no appeal from one jury in
tho Suporior Courts to another; but the Court may
grant new trials on legal grounds. Tho Courts
shall render judgment without the verdict of a
jury, in all civil cases founded on contract,
whore an issuable defence is not filed on oath.
4. The Suporior Courts shall sit in each
county not less than twice in each year, at such
times as have been, or may be appointed by law.
Section IV.
1. Until tho General Assembly shall otherwise
direct, there shall be a District Judge and a
District Attorney for each Senatorial District in
this State.
2. Tho District Judge shall have jurisdiction
to hear and determine all offenses not punishable
with death or imprisonment in,tho Penitentiary;
and it shall be the duty of the District Attorney
to represent tho State in all oases before the
District Judge.
3. The District Judge shall sit at stated times —
not less titan once in each month—in each connty
in his District, for the trial of offenses,and at snch
other times as the General Assembly may direct.
4. Offenses shall be tried before tlie District
Judge on a written accusation, founded on
affidavit, said accusation shall plainly set forth the
Offense charged, and shall contain the name ofthe
accuser and be sigued by the District Attorney.
5. There shall be no jury 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 ou
the District Judges as the General Assembly may
direct.
7. The District Judges and Attorneys shall hold
their offices for a period of four years, and shall
receive for their services such stated compensation
in their respective Districts as may he provided by
law; but iu no event shall their ca.r.peusation he
in anywise dependent on fines, forfeitures or
costs.
Section I".
1. Tlie powers of a Court of Ordinary and of
I’robate 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, paupers, 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 the
term of four years and until his successor is
elected and qualified.
Section VI.
1. There shall be in each district one Justice
bi the Peace, whose official term, except when
elected to fill an unexpired term, shall bo four
years.
3. The Justices of the Peace shall have juris
diction, except as hereinafter provided, iu all
civil cases where tlie principal sum claimed
does not exceed one hundred dollars, and may
sit at any time for the trial of such cases. But
in cases where the sum claimed is more than
fifty dollars,J there may be an appeal to the
Superior Court, under such regulations as may
be prescribed by law.
3. There shall be no appeal to a jury from the
decision of a Justice of the Peace, except as
provided in the foregoing paragraph.
4. Notaries Public may be appointed aud
commissioned by the Governor, not to exceed
one for each Militia District, for a term of
four years, and shall be ex-officio Justices of the
Peace.
Section VII.
1. There sliall be an Attorney General of the
State, whose official term, except when appointed
to fill nn 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 tlie Governor; and to
perform such otliqr services as shall be required
of him by law.
Section VIII.
1. There sliall be a Solicitor General 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 tlie State in all cases in the Superior
Cofit of his Circuit, and in all cases taken up
from his Circuit to the Supreme Court, and to
perform sucli other services as shall be required of
him by law.
Section IX
1. The Judges of the Supremo and tho Supe
rior Courts, the Attorney General, Solicitors
Gcnoral, and tho District Judges and Attornovs,
shall be appointed by the Governor, with the
advico and consent of tho Senate, and shall be
removable by tho Governor on tho address of
two-thirds of each branch ot the General Assem
bly, or by impeachment and conviction thoreon.
2. The Justices of tho Peace shall be olccted by
tho legal voters in their respective districts, and
shall bo commissioned by the Governor. Thoy
shall be romovable on cpnvictio if r malpractioe
in office.
Section X.
1. The Judges of the 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 J udges
and District Attorneys shall receive out of the
Treasuries of tho several counties ol their Dis
tricts adequate compensation, on a spoeio basis,
which shall not, be increased or diminished
during their term of office; but said Judges
shall not receive any other perquisites or
G-eorgia* Printing Company, Publishers.
emoluments whatever, from parties or others,
on account of any duty required of them.
1,,, General Assembly shall provide for the
tJ? apportionment of the compensation
ot the District Judges and Attorneys between
the Counties composing thsir Districts, and
shall require the moneys arising from fines and
forfeitures in the District Conrts 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 ol bis appointment he shall have
attained the age of thirty years, and shall have
been a citizen of this State three years, and
have practiced law for seven years.
Section XI.
1. No total divorce shall be granted oxcept on
the concurrent verdict of two juries. When a
divorce is granted, the jury rendering the final
verdict shall determine the rights and disabilities
of the parties, subject to the revision of the court.
Section XU.
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 connty
where the crime was committed, oxcept cases in
the Superior Courts when the presiding Judge is
satisfied that an impartial jury 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 he tried in the county
where a defendant resides, against whom sub
stantial relief is prayed.
5. Suits against joint obligors, joint prom
isors, copartners, or joint trespassers residing
in different counties, may be tried in cither
county.
C. Suits against the maker and indorser of
promissory notes, or other like instruments, re
siding in different counties, shall be tried in
the county where the maker resides.
7. AH other cases shaU be tried in the county
where the defendant resides.
Section XIII.
1. The right of trial by jury, except where it
is otherwise provided in this Constitution, shall
remain inviolate.
2. The General Assembly shall provide by law
lor the selection of upright and intelligent per
sons to serve as jurors. There shall be no
distinction between the classes of persons who
compose grand and petit juries. Jurors shall
receive adequate compensation for their services,
to be prescribed by law.
Section XI V.
1. Tho Courts heretofore existing in this State,
styled interior Courts, are abolished; and their
unfinished business, and the duties of the Jus
tices thereof, are transferred to such tribunals as
the General Assembly may designate.
Section -YF.
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 X VI.
1. All Courts not specially mentioned by
name, in the first section of this article, may
be abolished in any county at the discretion of
the General Assembly, and She County Courts
now existing in Georgia are hereby abolished.
Section XVII.
I No court in this State shall have jurisdiction
to try or determine any suit against any resident
of this State, upon any contract or agreement, made
or implied, or upon atiy contract made in renewal
of any debt existing prior to the first day of June,
1865." Nor shall any court or ministerial officer of
this State have authority to enforce any judgment,
execution or decree, rendered or issued upon any
contract or agreement, made or implied, or when
any contract in rene ivai of a debt existing prior to
the first day of June, 1865, except iu the following
cases:
1. In snits against trustees where the property
is in the hands of the trustee, or has been invest
ed by him in other specific effects now iu his hands,
and iu 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
in possession of tlie land or specific effects for
which he has sold it, and he refuses to deliver the
land or said effects to the vendor. In such eases
the Courts and officers may entertain jurisdiction
and enforce judgments against said trust property
or land or effects.
2. In suits for the benefit of minors by trustees
appointed before the first day of Jane, 1865.
3. In suitsagainst corporations in their corporate
capacity, but not so as to enforce the debt against
the stockholders or officers thereof iu their individ
ual capacity.
4. In suits by charitable or literary institu
tions for money loaned, property—other than
slaves—sold, or services rendered by such
institutions.
5. In suits on debts due for meshanical or
manual labor, when the suit is by the mechanic
or laborer.
0. 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.
7. In aU other eases in which the General
Assembly shall by law give the said Courts and
Officers jurisdiction : Provided , that no Court
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.
11. All contracts made and not axecuted
during tho late rebellion, with ths 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, hills, 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 he made
to enforce any snch contract, or give validity to
any such obligation or evidence of debt. Aud in
all cases when the defendant or any one interested
in 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 afsresaid, 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 npon which said
suit is brought, is or are not, nor is any part
thereof founded upon, or in any way couuected
with any snch illegal contract, and has 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 lias or lias not,
since its date, been issued, transferred, or used, in
aid of the rebellion.
111. It shall he in the power of the Gsneral As
sembly to assess and collect upon all debtß, judg
ments, or causes of action, when due, founded on
any contract made, or implied, before the first
day of June, 1805, in tho 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 twenty five per
cent., to bo paid by the creditor on pain of the
forfeiture of tho debt, but chargeable by him, as
to one half thorcof, against the debtor, aud col
lected with the debt,: Provided, That this tax
shall not be collected if the dobt or cause of ac
tion bo abandoned or settled without logal pro
cess, or if in judgment, be settled without levy
andsalo; and provided further, this tax shall
not be levied so long as the Courts of this State
shall not have jurisdiction of suoh debts or
oausos 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 children of the State, the
expense of which ahull be provided for by taxa
tion, or otherwise.
2. The office of State School Commissioner is
hereby created. He shall bo appointed by the
Governor with tlie consent of tlie Senate, and
shall hold his office for the same term as the Gov
ernor Tho General Assembly sliall provide for
the said Commissioner u competent salary and
necessary clerks. He shall keep his office at the
Seat ol Government.
8. The Poll tax allowed by this Constitution,
any Educational fund now belonging to this
State—except the endowment of arid debt due
to the State University—or that nmy hereafter
i be obtained in any way, a special tax on Shows
NO 203
and Exhibitions, and on the sale of spirituon
and malt liqnors—wliieh the General Assembly
Is hereby authorized to assess—and the pro
ceeds from the commutation for militia service
are hereby set apart and devoted to the support
of Common Schools. And if the provisions
herein mode shall, at any time, prove insuffi
cient, the General Assembly shall have
power to levy such 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, ore or more
Common Schools in each School District in this
State.
ARTICLE VII—HOMESTEAD AND EXEMP
'HON.
1. Each head of a family, or guardian.or trus
tee of a family of minor children, shall be en
t° a homestead of realty to the value of
*2,000 in specie, and personal property to the
value of SI,OOO in specie, both to bo valued at
the time they are set apart, and no court or
ministerial officer of this State shall ever have
jurisdiction or authority to enforce any judg
ment, decree, or execution against said 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
purchase money of the same, and for labor
done thereon, or material furnished therefor or
removal of incumbrances thereon ; and it shall
be the duty 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 of 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 VIII—MILITIA.
1. The Militia shall consist of all able bodied
male persons between the ages of eighteen aud
forty five years, except such as may be exempted
by the laws of the United States or this State; and
snail be organized, officered, armed, equipped and
trained in such mauner 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 ia snch manner, and
with sucli restrictions, as may be provided by
law.
3. No person conscientionely opposed to bearing
arms shall be compelled to do militia duty, but
snch 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 Connty officers recognized as existing by
by the laws of this State, and not abolished by
this Constitution, shall, where not otherwise pro
vided for iu this Constitution, be elected by the
qualified voters of their respective counties or
Districts, and shall hold their offices for two
years. They shall be removable on conviction
for malpractice ill oflice, 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 snch 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, pestilence, or
other emergency.
ARTICLE XL
The Laws of general operation in force in this
State are:
1. As the Supreme Law: Tho Constitution of
the United States, the laws of the United States
in pursuance thereof, and all treaties made
under the authority of the United States.
2. As next iu authority thereto: this Consti
tution.
3. In subordination to the foregoing: AU Acts
gassed by any legislative body, sitting ,in this
tate as such, since the 19th day of January,
1801, including that body of laws known as the
Code of Georgia, and the acts amendatory
thereof, or passed since that time, whlcn said
Code and acts are embodied in the printed book
known as "Irwin’s Codeand also so much of
the Common and Statute Laws of England and
of the Statute Laws of Georgia, as were in force
in this State on the 19th day of December, 1860,
as are not superceded by said’Code, though not
embodied therein, except so much of the said
several Statutes, Code and Laws as may be in
consistent with the supreme law herein recog
nized, or may have been passed in aid of the
late rebellion against tlie United States, or may
be obsolete, or may refer to persons held in
slavery, which excepted laws are inoperative
and void; and any future General Assembly
shall be competent to alter or repeal (if not
herein prohibited) any portion of the laws de
clared to be of force in this third specification
of this clause of this Article; and if in any of
said laws herein declared of force, the word
“Confederate” occurs before the word States,
snch law is hereby amended by substituting the
word “United” for the word "Confederate.”
4. Local and private acts passed for the
benefit of counties, cities, towuSj corporations,
and private persons, not inconsistent with the
Supreme Law, nor with this Constitution, and
which have not expired nor been repealed, shall
have the force of Statute Law, subject to judi
cial decision as to their validity when passed,
and to any limitations imposed "by their own
terms.
5. AU rights, privileges and immunities
which may have vested in, or accrued to any
person or persons, or corporation, in his, her, or
their own right, or in any fiduciary capacity,
under any act of any legislative body sitting in
this State as such, or of any decree, judgment,
or order of any Court, sitting in this State,
under the laws then of force and operation
therein, and recognized by the people as a
Court of competent jurisdiction, since the 19th
day of January, 1861, shall be held inviolate by
all the Courts of this State, unless attacked for
fraud, or unless otherwise declared invalid by,
oriaccording to this Constitution.
6. The records, dockets, books, papers, and
proceedings of any Court or office existing in
this State by tlie laws thereof on the I9th of
January, 1861, or purporting to exist by said
laws, and recognized and generally obeyed by
tho people as such, since the said time, and
before the several Conrts and officers pro
vided for by this Constitution shall have gone
into actual operation, shall be transferred
to the several Courts and offices of tho same
name or functions by this Constitution pro
vided for, and shall have force and be executed,
perfected and performed therein, and thereby,
as foUows, and not otherwise, to-wit:
Final judgments, decrees, proceedings and
acts fully executed aud performed, or not re
quiring performance or execution, shall have
full force and effect as though no interruption
had taken place in the legal succession of said,
courts and offices, except as herein otherwise
provided. Proceedings not final, and judg
ments and decrees not fully executed or per
formed, shall proceed and be performed in such
cases, and such cases only, as this Constitution,
or the laws made iu pursuance thereof, confer
jurisdiction and authority over the causes of
actions on which said cases, judgments, decrees,
or proceedings, civil or criminal, are founded ;
Provided, that all said judgments, decrees and
proceedings shall be subject to be set aside, or
reversed, or vacated, by proceedings In the
several courts having custody of the records, as
though they were the judgments of said courts,
and shall be subject always to be explained as
to the meaning Os tlie word dollar or dollars, as
used in the same, and no motion for anew trial,
bill of review, or other proceeding, to vacate
any judgment, order or decree, made since the
19th of January, 1801, by any of said courts for
fraud, illegality, or error of law, shall be denied,
by reason of the same not having been moved
In time: Provided, said motion or application
is made in twelve months from the adoption of
this Constitution.
7. The books, papers and proceedings of th!
Inferior Courts shall bo transferred to, and re
main in, the control of the Ordinaries, who
shall perform the duties of said Courts until
otherwise provided by law. The books, papers
and proceedings of the County Courts, and the
unfinished business thereof, shall bo trans
ferred to the Superior Courts and the same
shall be finished aud performed by the said
Superior Courts aud the officers thereof, in
such cases, and in such cases only, as the said
Courtß arc, by this Constitution or the laws
made iu pursuance thereof, granted jurisdiction
over the subject-matter or debts on which said
cases and judgments, civil or criminal, are
founded.
8. The cases pending and tlie judgments had aud
made in tlm City Courts of Bavauuah aud Au
traslA, anil in tho various Justices’ Courts in this
State, shall lie finished, and tlie judgments per
formed by the City Courts, aud officer! aud jue-
