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Pflli: NATIONAL REPUBLICAN. iCOTTUSret, Editor. ini Ini v, s w • \ 1: BY THE *#nif :»KivnM. rum’tst. U S Uovtunmeiif fmwSXm'' n ” N $5 oo .:■•■• 1 2 s tubicribcri. Kfffjfjß- to Vote. % ", i*l!. till- 4ii>\- I*\ :!.•• <‘,.n\ riiiirti.i, S ‘ m ■flßßMtaattK lul ' , * k i'i 'l *■- |HHR|Hb' m:m'> c:uuli(l:Ue : B. BULLOCK, on's i v. If; feITUTION OF TIIK oi‘ Com ) iria. HpteAMBLK. WsßfUt&fitZ i' 1 (if■■:. §§|l3£qb,.A*t .S®«Vernn:-': 1 1 :v ! Hu VJ Worn.-.•! v■ • ■ i .i illvKin.; ■ f ■gout;. . Jh/tihl <* 4 Hlsll •Ii i • 1 : ftfTUT I 0 N . |M*V, i. nd im- I'n rtybtZjt |> T' ■' ai.*l pi. ■..■'•> i ']i'.‘ /..J&ltl) .it -V- Bug. ■‘--.Jtafc i, .<■ Imrn ... nntiir.ili/ >l. ill tin- - ':< !,• ■RWU&ft# tfti* tllVtlii- Hi ii,-. ;i!.,i in, 1 ,«• -1. ill s*i..ili ul.iiJjf tin- ]-:iv fil: • - ! - I .. -.. J«# «t t '■»•>*. - Im any i . ;-'ll w:oiin aMjfe,i}<Mi-Gl».BM[|ir..ti-cli.-ii ,-f II: law,- An 1 9*U-a. u■[olt: .- I .cii'T.i! 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' ' -A I : li u..r ....mill : !i. irnK'f' l -abcl ftat.V, «*r a-lli-rjn.' t..th , -» giving tlirm aid and rum ,' ; V'( I-hall In. rnnvii tnl "1 jtl&Hßtt'f'i 1 4:~, ip • t- stiniuiiy of iwti nit overt t, ..r his " Vii Court. *‘ rt ,r '•>. i vJHaI l!i ■ I'i .a' r 1 _■ i:! im'm ii.ii ... :.'. p. ■ i.i! with 11 1 • in. iiih in y-'< ..lOWiis In nh 'I ':. i y Mu' h ,i. il: - - S*. ti I *,;. , * tSftfceh frer consent. t> , Hdf tiixai "v.-r :ti< rnii'ih **—• St 1 1 Bd l.y li.. < h ,W. ,i... ■ A* *■* » * -tm&B fin- r • ; .Ippnit n: 40 V. 111. ' - drill ’" pn, 1 ill., a 4-. i..-i'Hl : *l«£' <h h ■•- ai.ll fuipnl.la • < - V Bn BB - affsim am. in . :■.■•■ HI A.. . . :• ■■■ 1 1 .m. »- »h la I x |. n '. a t l .• ggg, -y ', " ail th IV J 1 V*f f" *"*»*- ' ■■#■> ain't ...I, v ‘A pnw : ■' Ife 1 jsKi^ls : p*v ' ■■a, • iid...., |||| * a a. ! 1 ' yidhh:hi'l'ya'ihm';,ya'.iaa flft th 111 *- Hui'. i ■'■■ ■ i .i.. 9R , '■ ‘ Hhe .: .1" Inl'l •■:,• I. | I & s>'. eM„, ■- , ■Bdcl ' at" ~..,( 1 1, ..f tfWUa isal -V ' . ■ - 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-