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THE NATIONAL REPUBLICAN.
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AUGUSTA, GA„ WEDNESDAY MORNING, MARCH 25, 1868.
power prop«rly attached to either of the other*,
ezoepl in c«ee« herein e*pre»ly provided.
Sec 34 Legislative acU In violation of this
ConaUtutlon, or the Constitution of the United
States, arc void; and the Jndiciary shall so de
clare them.
See. 33. The State 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
allegiance to the Constitution and Government
of the United State#, and no law or ordinance
of this State, in contravention or subversion
thereof, shall ever have any binding force.
ARTICLE 11.
Franckite and Election>.
Sea 1. In all elections by the people, the
electors shall vote by ballot.
Sec. 2. Every male person born In the United
States, and every male person who has been
naturalized, or who has legally declared his in
tention to become a citizen of 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 aounty 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 l,he election,
(except as hereinafter provided)shall be deemed
an elector; and every male citizen of the
United States of the age aforesaid (except as
hereinafter provided) who may be a resident of
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 service of the United States
shall acquire the rights of an elector by reason of
lieiDg stationed on duty in this State; and no per
son shall vote who, if challenged, shall refuse to
take the following oath : “I do swear that I have
not given or received, nor do I expect to give or
receive, any money, treat or other thing of value
by which my vote or any vote is affected or ex
pected to be affected, at this election ; nor have I
given or promised any reward, or made any threat,
by which to prevent any person from votiugatthis
election.”
Sec. 3. No person convicted of felony or larceny
before any court in this State, or of, or in
(he United States, shall be eligible to any office or
-appointment of honor or trust within this State,
unless he shall have been pardoned.
See. 4. No person who is the holder of any pub
lic moneys shall he eligible to any office in this
Stare, nutil the same is accounted fop and paid into
the Treasury.
Sec. 5. No person who aflar the adoption of this
Constitution, beingja 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 snch duel, shall vote or hold office 'n this
“State, and every such person shall also be subject
to such punishment as the law may prescribe.
Sec. 6. The General Assembly may provide,
from time to time, for the registration of all
electors, but the 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, crime punishable by law
with imprisonment in the Penitentiary, or
bribery. Seoond—ldiots or insane persons.
Sec. 7. Electors shall, in all cases, cxApt
treason, felony, or breach of the peace, be privi
leged from arrest for five clays before an election,
during the election, and two days subsequent
thereto. •
Sec. 8. The sale of intoxicating liquors on
days of election is prohibited.
Sec. 9. Returns of election for all civil officers,
elected by the people, who are to be commis
sioned by the Governor,and also for the members
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.
See. 11. The election for Governor, members of
Congress, and of tho General Assembly, after the
year 1868, shall commence on the 1 uesday after
the first Monday in November, unless otherwise
provided by law.
ARTICLE III—LEGISLATIVE.
Section 1.
1. The l%>elative 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, aud 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 members of tile House of Representa
tives shall be elected for 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 be within Sixty days after the ad
journment of this Convention; but the General
Assembly may, by law, change the time of elec
tion, and the members shall hold until their
•accessors are elected and qualified.
3i The first meeting of the 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 such other day as the General Assembly may
prescribe. A majority of each House shall con
stitute a quorum to transact business, but a smaller
number may adjourn from day to day and compel
the presence of its absent members as each House
may provide. No session of the General Assem
bly, after the second,under this Constitution, shall
continue longer than forty days, unless prolonged
by a vote of two-thirds of each branch thereof.
4. No person holding a military commission,
or other appointment or office haqpng any emolu
ment or compensation annexed thereto, under this
State orthe 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
iu 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 tile Senate, to any ofiiceor appoint
ment having uuy emolument annexed thereto,
during the time for which he Bhall have been
elected.
5. The seat of a member of either House shall
be vacated on liis removal from the district from
which he was elected.
Section 11.
1. There shall he forty four Senatorial Districts
in this State, composed each ot three contiguous
counties, from each of which Districts one Sena
tor shall be chosen. Until otherwise arranged,
as hereinafter provided—the said Districts shall be
constituted, as follows:
The First District of Chatham, Bryan and
Effingham.
The Second District of Liberty, Tatnall and
Mclntosh.
The Third District of Wayne, Pierce and Ap
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.
The Eighth District of Decatur, Mitchell and
Miller.
The Ninth District of Early, Calhoun, and
Baker.
The Tenth District of Dougherty, Lee and
Worth.
The Eleveuth District of day, Randolph Hud
Terrell.
The Twelfth District of Stewart, Webster and
Quitman.
The Thirteenth District of Sumter, Schley and
Macon.
The Fourteenth District of Dooly, Wilcox uud
Pulaski.
The Fifteenth District of Montgomery, Telfair
and Irwin.
The Sixteenth District of Laurens, Johnson and
Emanuel.
The Seventeenth District of Bullock, Scriven
and Burke.
The Eighteenth District of Richmond, Glass
cock and Jefferson.
The Nineteenth District of Taliaferro, Warren
and Greene.
The Tvventietli District of Baldwin, Hancock
and Washington.
Tho Twenty-First District of Twiggs, Wilkcr
son and Jones.
The Twenty-Second District of Bibb, Monroe
and Pike.
The Twenty-Third District of Houston, Craw
ford and Taylor.
The Twenty Fourth District of Marion, Chatta
hoochee and Muscogee.
FIVE DOLLARS A. YEAR.
The Twenty-Fifth District of llarrie, Upeon
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-Pint District of Hart, Franklin uud
Habersham.
The Thirty-Second District of White, Lumpkin
and Dawson.
The Thirty-Third District of Hall, Banks and
Jackson.
The Thirty-Fourth District ol Gwinnett, De-
Kalb and Henry.
The Thirty-Fifth District of Clayton, Fulton
and Cobb.
Tho 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.
The Thirty-Ninth District of Cherokee, Milton
ami Forsyth.
The Fortieth District of Union, Towns arid
Raima.
The Forty-First District of Fannin, Gilmer and
Pickens.
The Forty-Second District of Bartow, Floyd
and Chattooga.
The Forty-Third District of Mnrray, Whitfield
and Gordon
The Forty-Fourth District of Walker, Dade and
Catoosa.
If anew county he 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, hut only at the first session after the
publication of each census by the United States
Government; and their number slmll not be in
creased.
2. The Senators shall he 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 year a resident of the
District from which elected.
3. The presiding officer of the Senate shall be
styled the President, and shall he elected viva
voce from the Senators.
4. The Senate shall have the sole power to try
impeachments. When sitting for that purpose,
the members shall he on oath or affirmation, and
shall he 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
he 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, hut 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, Cobh, Coweta, Clarke, Decatur,
Dougherty, Floyd, Gwinnett, Greene, Hancock,
Harris, Jefferson, Lee, Muscogee, Monroe, Merri
wether, Morgan, Macon, Newton, Oglethorpe
Pulaski, Randolph, Sumter, Stewart, Troup.
Thomas,Talbot, Washington, Wilkesand Warren,
two representatives each; and
To the remaining ninety-five comities, one
representative each.
2. The above apportionment may he changed
by the General Assembly after each census
by the United States Government, but in no event
shall the aggregrate number of Representatives
he increased.
3. The Representatives shall be citizens of the
United States, who have attained tho age of
twenty-one years, and who, after the first election
under this Constitution, shall have been citizens
of this State for one year, and for six months resi
dent of the counties fiom 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 rocc from the body.
5. The House of Representatives shall have
the sole power to impeach all persons who shall
have been or may be iu office.
6. All bills for raising revenue or appropriating
money shall originate in the House of Represen
tatives, but the Senate may propose dt concur in
amendments as in other hills.
Section l V.
1. Each House shall he the judge of the elKion
returns and qualifications of its members, and
shall have power to punish them for disorderly
behavior or misconduct, by censure, fine, imprison
ment or expulsion, hut no member shall he ex
pelled except hv 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 said
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 either House.
3. The members of both Honses shall be free
from arrest during their attendance on the Gene
ral Assembly, ana iu going to or returning there
from, except for treason, felony, larceny or breach
of the peace ; and no member shall he liable to
answer in any other place for anything spoken in
debate in either House.
4. Each House shall keep a Journal of its pro
ceedings, and publish it immediately after
its adjournment. The yeas and nays of the mem
bers on any question shall, at the desire of one
fifth of the members present, he entered on the
Journals. The original Journals shall he pre
served, after publication, in the official the Secre
tary of State ; but there shall he no other record
thereof.
5. Every bill, before it shall pass, shall he 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 what is
expressed in the title thereof.
o. All Acts shall he signed by the President of
the Senate and the Speaker of the House of
Representatives; and no bill, ordinance, or
resolution, intended to have the effect of a law',
which shall have been rejected by either House,
shall he again proposed during the same session
under the same or any other title, without the
consent of two-thirds of the House by which the
same was rejected.
7. Neither House shall adjourn for more than
three days, nor to any other place, without the
consent of the other; 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 he increased,
except by a vote of the House. And their nay,
as well as the pay and mileage of the members
shall he fixed by law.
9. Whenever the Constitution requires a vote
of two-thirds of either or both Houses for the
passage of an act or resolution, the yeas and nays
on the passage thereof shall he cutered on the
journal, and all votes on confirmations or refusals
to confirm nominations to office by the Governor
shall ho by yeas and nays: and the yeas aud nays
shall be recorded on the journal.
10. Every Senator or Representative, before
taking his seat, shall take an oath or affirmation
to support the Constitution of the United States
and of this State ; that lie has not practiced any
unlawful means, directly or indirectly, to procure
his election, and that he has not given, or offered,
or promised, or caused to he given, or offered or
promised to any person, any money, treat or thing
of value, with intent to affect any vote, or to pre
vent any person voting at the election at which he
was elected.
Section V,
1. The General Assembly shall have power to
make all laws and ordinances, consistent with this
Constitution and not repugnant to the Constitution
of the United States, widen they shall deem nodes
sary and proper for the welfare of the State.
2. The General Assembly may alter the boun
daries of, or lay off und establish new counties, or
übolisli counties, attaching the territory thereof to
contiguous counties, hut no new counties shall he
established except by u vote of two-thirds of each
House, nor shall uny county be abolished except
by a vote of two-thirds of each House, and after
the nualifiod voters of the county shall, at an elec
tion held for the purpose, so decide.
Section VI.
1. No money eha.ll be drawn from the Treaaury
except by appropriation made by law, and a
regular statement and account of tbo 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 oidel shall pass,
granting a donntion or grutqity iu favor of any
person', except by the concurrence of two-thirds
of each branch of the General Assembly, nor 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
tie number of the section in the Code, but the
amending or repealing act shall distinctly and fully
describe the law to be amended or repealed, as
well as the alteration to be made; but this clause
shall be coustrued as directory only to the Gene
ral Assembly.
4. No law shall be passed by which a citizen
shall be compelled, against his consent, directly or
indirectly, to become a stockholder in or contribute
to any railroad or work of public improvement,
except in the case of the inhabitants of a corporate
town or city. Iu such cases tbo General Assem
bly may permit the corporate authorities to take
such stock, or make suen contribution, or engage
in such work, after a majority of the qualified
voters of such town or citv, voting at election,
held for the purpose, shaUHsTYe voted iu favor of
the same, but not otherwise.
5. The General Assembly shall have no power
to grant corporate powers aiid 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 bridge* or ferries; nor to cliauge the
names of legitimate children; but it shall pre
scribe, by law, the manner in which such powers
shall be exercised by the Courts. Bat no charter
for any Bank shall be granted or extended, aud no
act passed authorizing the suspension of specie
payments by any bank, except by a vote of two
thirds of the General Assembly. The General
Assembly shall pass no law making the State a
stockholder in any corporate Company ; nor shall
the credit of tile 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 lieu, except to laborers; nor to any
Company in which there is not already an equal
amount invested by private persons; nor for any
other object than a work of public improvement.
No provision in this Constitution for a two
thirds vote of both Houses of the General
Assembly shall be -construed to waive the necessity
for the signature of the Gdvernor, 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. The Executive power shall be vested
iu a Governor, who shall hold his office during the
term of four years, and until such time as a suc
cessor shall be chosen and qualified. He shall
have a competent salary established by law,
which shall not bo increased or diminished during
the period for which lie shall have been elected;
nor shall lie receive, within that period, any other
emolument from the United States, or either of
them, or from any foreign power.
2. After the liret election, the Governor shall
be elected quadaetinially, by the persons quali
fied to vote for members of the General Assembly,
on tho Tuesday after the first Monday iu Novem
her, until such time be altered by law, which elec
tion shall he held at the places of holding general
elections in the several counties of this 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 the
first shall he sealed np by tho Managers, sepa
rately from other returns, aud directed to the Presi
dent of the Senate and Speaker of the House of
Representatives, and transmitted to His Excel
lency, the Governor, or the person exercising the
duties of Governor for the time being, who shall,
without opening the said returns cause the same
to he laid before the Senate, on the day after the two
Houses shall have been organized; and they
shall he transmitted by the Senate to the House
of Representatives. The members of each
branch of tire General Assembly shall convene
in the Representative Hall, and the President
ot the Senate and the Speaker of the House of
Representatives shall open and publish the
returns in the presence of the General Assem
bly ; and the person having the majority of the
whole number of votes given shall be declared
duly elected Governor of this State; but if no
person have such majority, then from the two
persons having the highest number of votes,
who shall be iu life, and shall not decline an
election at tiro time appointed for the Legisla
ture to elect, the GenernlAsscmblyshallimme
diately elect a Governor viva voce; and in all
eases of election of a Governor by the General
Assembly, a majority of yotes of the members
present shall be necessary for a choice. Con
tested elections shall be determined by both
Houses of the General Assembly, in such
manner as shall be prescribed by law.
3. No person shall be eligible to the office of
Governor who shall not have been a citizen of the
the United States fifteen years, aud a citizen of this
State six years, and who shall not have attained
the age ot thirty years.
4. In case ofthe death, resignation, or disability
of the Governor, the President ofthe Senate shall
exercise the executive powers of the Government
until such disability he removed, or a successor is
elected and qualified. And in case of the death,
res : gnation, or disability of the President of the
Senate, tho Speaker of tiie House of Representa
tives shall exercise the executive powers ofthe
Government until the removal of the disability or
the election and qualification of a Governor. The
General Assembly shall have power to provide by
law for filling unexpired terms by a special elec
tion.
5. The Governor shall, before he enters ou the
duties of his office, take he following oath or
affirmation : “I do solemnly swear or affirm (as
the case may he) that I will faithfully execute the
office of Governor of the State of Georgia; and
will, to the best of my abilities, preserve, protect
and defend the Constitution thereof, and the Con
stitution of the United States of America,”
Section 11.
1. The Governor shall be Commander-in-
Chief of the Army and Navy of this State, and
of the Militia thereof.
2. lio shall have power to grant reprieves and
pardon, to commute penalties, and to remit any
part of a sentenco for offenses against the State,
except in cases of impeachment,
3. He shall issue writs of election to fill all
vacancies that happen in the Senate or House
of Representatives, and shall have power to
convoke tho General Assembly on extraordinary
occasions: and shall give them, from time to
time, information of tho state of the Common ■
wealth, and recommend to their consideration
such measures as he may deem necessary and
expedient.
4. When any offico shall become vacant by
death, resignation, or otherwise, the Governor
shall have power to fill such vacancy, unless
otherwise provided by law; and persons so
appointed shall continuo in office until a succes
sor is appointed ngreebly to the mode pointed
out by this Constitution, or by law in pursuanco
thereof.
5. A person once rejected by tho Senate shall
not bo reappointed by the Governor to the same
office during tho same session, or the recess
thereafter.
6. The Governor shall have the revision of all
hills passed by both Houses before the same shall
become laws, but two thirds of each House mav
pass a law notwithstanding his dissent, and if any
bill should not be returned by the Governor with
in five days (Sundays excepted) after it lias been
presented to him, the sainu shall he a law, unless
the General Assembly, by their adjournment, shall
prevent its return. He may approve any appro
prialion, and diiapprove any other appropriation
m the same hill, and the latter shall not be effectual
unless passed by two-thirds of each Honae.
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 the Governor, and befere it
shall take effect, he approved by him. or, being dis
approved, shall he repassed by two-thirds of each
House, according to the rules aud limitations pre
scribed in case of a bill.
8. There shall lie a Secretary of State, a
Comptroller General, a Treasurer, and Sur
veyor General elected by the General Assembly,
aud 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 the period for which they
shall have been elected. The General Assembly
may at any time consolidate any two of these
offices, und roquire all the duties to be dis
charged by one officer.
9. The Great Seal of the State shall be deposi
ted in the office of the. Secretary of State, and
shall not ho affixed to any Instrument of
writing but by order of tho Governor or Gene
ral Assembly ; and that now in use shall be the
Great Seal of the State until otherwise pro
vided by law.
10. The Governor shall have power to ap
fioint his own not exceeding two
n number, unless more shall be 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 sueh'other
courts as have been or may be established by
law.
Section LL
1. The Supreme Court shall consist of three
Judges, two of whom shall constitute a
quorum. When and majority of the Judges are
disqualified from deciding any case, by Interest
or otherwise, the Governor shall designate
Judges of the Superior Courts to sit in
i their stead. At the first appointment of
Judges of the Bupremc Court under this Con
stitution, one shall be appointed for four years
one for eight years, and one for twelve years:
but 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, but shall be a Court alone for the
trial and correction of errors from the Superior
Courts, and from the City Conrtß of Savannah
and Augusta, and such other like Courts as mav
be hereafter established in other cities; and shall
Bit at the seat of Government at snch times in each
year us shall be prescribed by law, for the trial
and determination of writs of error from eaid
Superior and City Courts. Tile days on which
the cases from the several Circuits aud City
Courts shall he taken up by the Court shall he
fixed by law.
3. The Supremo Court shall dispose of every
case at the first or second term after such writ of
error is brought; and iu case the plaintiff in error
shall not 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 stand affirmed. In any case, the
Court may, iu its discretion, withhold its judg
mentuntil tint next term alter 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 Circuit. He may act ill other
circuits when authorized by law. At the first ap
pointment, of such Judges under this Constitution,
one half of the number (as near as may be) shall
be appointed for four years, and the other half for
eight years; but all subsequent appointments, ex
cept to fill unexpired terms, shall he for the term
of eight years.
2. The Superior Court shall have exclusive
jurisdiction in cases of divorce ; in criminal cases
where the offender is subjected to loss of life or
confinement in the penitentiary j in cases respect
ing titles to land, and equity cases, except as
hereinafter provided. But the General Assembly
shall have power to merge the common law and
equity jurisdiction of said courts. Said courts
shall have .jurisdiction in all other civil cases ex
cept as hereinafter provided. They shall have ap
pellate jurisdiction in all such ca*es as may be pro
vided by law. They shall have power to cor
rect errors in inferior judicatories by writ of cert
tiorari, which shall only issue on the enaction o
the Judge; anddo issue writs of mandamus, pro
hibition, scire facias, aud all other writs that may
he necessary for carrying their powers fully into
effect, and shall have such other powers as shall
he conferred on them by law.
3. There shall bo no appeal from one jury in
the Superior Courts to anothor; but the Court may
grant new trials on legal grounds. The Courts
shall render judgment without the verdict of a
jury, in all civil founded on contract,
where an issuable defence is not filed on oath.
4. The Superior Courts shall sit in each
county not less 1 than twice in each year, at such
times as have been, or may be appointed by law.
Section IV.
1. Until the General Assembly shall otherwise
direct, thoro shall be a District Judge and a
District Attorney for each Senatorial District in
this State.
2. The District Judge shall have jurisdiction
to hear and determine all offenses not punishable
with death or imprisonment in the Penitentiary;
and it shall bo the duty of the Distriot Attorney
to represent the Slate in all cases before the
District Judge.
3. The District Judge shall sit at stated times—
not less than once iu each month—iu each county
in his District, for the trial of offenses,and at such
other times as llie General Assembly may direct.
4. Offenses shall be tried before tire District
Judge on a written accusation, founded on
affidavit, said accusation shall plainly set forth the
offense charged, and shall contain the name ofthe
accnseraud be signed 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. Snell civil jurisdiction may he conferred on
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 suen stated compensation
in their respective Districts as may he provided by
law ; but in no event shall their compensation be
in anywise dependent on fines, forfeitures or
costs.
Section V.
1. The powers of a Court of Ordinary and of
Probate shall be vested in an Ordinary for each
county, from whose decision there may be an
appeal to the Superior Court, under regulations
prescribed by law.
2. The Court of Ordinary shall have such
powers in relation to roads, bridges, ferries,
public buildings, paupers, county officers,
county funds, aud taxes and other matters, as
shall he conferred on them by law.
8. The Ordinary shall hold his office for the
term of four years and until his successor is
elected aud qualified.
Section VI.
1. There 6liall be in each district one Justice
of the Peace, whose official term, except when
elected to fill an unexpired term, shall be four
years.
3. The Justiees of the Peace shall have juris
diction, except as hereinafter provided, in all
civil, cases where the principal sum claimed
does hot exceed one hundred dollars, and may
sit at any time for the trial of such cases. But
in eases where the sum claimed is more than
fifty dollars,; there may bo an appeal to the
Superior Court, under such regulations as may
be prescribed by law.
8. There shall be no appeal to a jury from the
decision of a Justice of the Peace, except as
provided in the foregoing paragraph.
4. Notaries Public may he appointed and
commissioned by tho Governor, not to exceed
one for each Militia District, for a term of
four years, and shall he ex-officio Justices of the
Peace.
Section Vll.
1. There shall be an Attorney General of the
Stnte, whose official term, except when appointed
to till an unexpired term, shall be four years.
2. It shall be the duty of tbo Attorney General
to act as the legal adviser of the Executive
Department; to represent the State in all civil
and criminal eases in tho Supreme and Superior
Courts, when required by the Governor; and to
perform such other services as shall be required
of him by law.
Section VIII.
1. There shall be a Solicitor General for each
Judicial Circuit, whose oliicial term, except when
appointed to fill an nnexpired term, shall he four
years.
2. It shall be. the duty of the Solicitor General
to represent the State iu all cases in the Superior
Court of his Circuit, and iu all cases taken up
from his Circuit to'the Supreme Court, and to
perform such other services as shall be requited of
him by law.
Section IX
1. The Judges of the Supreme and tho Supe
rior Courts, rite Attorney General, Solicitors
General, and io District Judges and Attorneys,
shall bo appointed by the Governor, with the
advico and consent of the Senate, and shall be
removable by the Governor on tho address of
two-thirds of each branch ot tho General Assem
bly, or by impoachment and conviction thereon.
2. The Justices of the Peace shall be elected by
tho legal voters in their respective districts, and
shall be commissioned by the Governor. Thoy
shall bo removable on conviction f t malpractiee
in offico.
Nectton A..
1. The judges of the Supreme aud Superior
Courts and the Attorney and Solicitor*General
shall have, out of the State Treasury, adequate
and honorable salaries, on a specie basis, which
shall not be increased or diminished during
their continuance in office; the District Judges
and District Atttfrneys shall receive out of the
Treasuries of the several counties ol their Dis
tricts adequate compensation, on a speelo basis,
which shall not be increased or diminished
during their term of office; but said Judges
•hall nqt receive uuy other perquisites or
Q-eorgia, Company, Publishers
emoluments whatever, from parries or others,
o a PJ d “ty required of them.
Gencra J l . Assembly stall provide for the
e ! In.t 1 n. ta n- e fPPOrt'ottbmnt of the compensation
of the District Judges aud Attorneys between
the Counties composing thair Districts, and
shall require the moneys arising from fines and
forfeitures In the District Courtß to be naid
into the Treasuries thereof. 1
3. No person shall be Judge of the Supreme
or Superior Courts, of Attorney General, unless
at the time of 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 except 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 XII.
1. Divorce cases shall be tried in the county
where the defendant resides, if a resident of this
State.
2. Criminal cases shall be tried in the connty
where the crime was committed, except 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
havo jurisdiction.
4. Equity cases shall be tried in the county
where a defendant resides, against whom sub
stantial relief is prayed.
5. Suits against joint obligors, joint prom
isors, copartners, or joint trespassers residing
in different counties, may be tried in either
county.
6. Suits against the maker and indorser ot
promissory notes, or other like instruments, re
siding in different counties, 6hall be tried in
the county where the maker resides.
7. All otlier cases shall 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
for 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 ho prescribed by law.
Section XIV.
1. The Courts heretofore existing in this State,
styled Interior Courts, are abolished; and their
unfinished business, and the duties of tho Jus
tices thereof, are transferred to such tribunals as
the General Assembly may designate.
Section XV.
1. The General Assembly shall have power to
provide for the creation of county commissioners
in such counties as uay require them, and to
define their dpties.
Section XVI.
1. All Courts not specially mentioned by
name, in tho first section of this article, may
bo abolished in any county at tho discretion of
thb General Assembly, and the County Courts
itow existing in Georgia are hereby abolished.
Section X VII.
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 any 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 m renewal of a debt existing prior to
the first day of Juue, 1865, except iu the following
cases:
1. In suits against trustees where the property
is iu the hands of the trustee, or has been invest
ed by him iuotherspeciliceffectsnow in his hands,
aud in suits by the vendor of real estate against
the vendee, where not more than one-third of the
purchase money has been paid, aud the vendee is
in possession of the laud or specific effects for
which he has sold it, and lie refuses to deliver the
land or said effects to Ihe vendor. In such cases
the Courts and officers may entertain jurisdiction
aud enforce judgments against said trust, property
or land or effects.
2. In suits for the benefit of minors by trustees
appointed before the first dav of June, 1865.
3. In suits against 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 snch
institutions.
5. In suits on debts due for mechanical or
maiiual labor, when the suit is by the meclianio
or laborer.
6. In cases when the debt is set up by way of
defense and the debt set up exceeds uny debt
due by defendant to plaintiff of which the
Courts are denied jurisdiction.
7. In all 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,
of the hire thereot
11. All contracts made and not executed
during the late rebellion, with the intention
and for the putpose of aiding and encouraging
said rebellion, or where it was the purpose and
intention of any one of the parties to such con
tract to aid or encourage such rebellion, and
that fact was known to the other party, whether
said contract was made by any person or corpo
ration with the State or Confederate States, or
by a corporation with a natural person, or
between two or more natural persons, are
hereby declared to have been and to be
illegal; and all bonds, deeds, promissory
notes, bills, or other evidences of debt, made
or executed by the parties to snch contract,
or either of them, in connection with such
illegal contract, or as the consideration there
for, or in furtherance thereof, arc 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 such contract, or give validity to
any sucii obligation or evidence of debt. And in
all cases when the defendant or any one interested
in the event of the suit, will make aplea, supported
by Iris or her affidavit, that lie 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, bus been given or
used for the illegal purpose aferesaid, the burden
of proof shall be upon the plaintiff to satisfy the
court aud jury that the bond, deed, note, bill, or
other evidence of indebtedness upon which said
suit is brought, is or are not, nor is any part
thereof founded upon, or in any way connected
with any such illegal contract, and has not been
used in aid of the rebellion; and the date of snch
bond, deed, note, bill, or other evidence of indebt
edness, shall not be evidence that it has'or lias not,
since its date, been issued, transferred, or used, in
aid of the rebellion.
111. It shall be in the power of the General As
sembly to assess and collect upon all debts, judg
ments, or causes of action, when due, founded on
any contract made, or implied, before the first
day of June, 1865, in the hands of any one in
his own right, or trustee, agent, or attorney of
another, on or after the first day of January,
1868, a tax of not exceeding twenty five per
cent., to be paid by the creditor on pain of the
forfeiture of the debt, but chargeable by him, as
to one half thereof, against the debtor, and col
lected with tho debt: Provided, That this tax
shall not be collected if tho dobtor cause of ac
tion be abandoned or settled without legal pro
cess, or if in judgment, bo settled without levy
and sale ; and provided further, this tax shall
Dot be levied so long as the Courts of this State
shall uot have jurisdiction of suoh debts or
causes of action.
ARTICLE VI—EDUCATION.
1. The General Assembly, at its first seseiou
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, tho
expense of which shall ho provided for by taxa
tion, or otherwise.
2. The office of State Sctiool Commissioner is
hereliy created, lie shall be appointed by the
Governor with the consent of the Senate, aud
shall hold liis office for tho same term as the Gov
ernor The General Assembly shall provide for
11 if.' said Commissioner a competent salary uud
necessary clerks. He shall keep his office at the
Seat ot Government.
8. The Foil tax allowed by this Constitution,
any Educational fnnd now belonging to this
State—except tho endowment of and debt due
to the State University—or that may hereafter
be obtained in any way, a special tax on Shows
NO 204
and Exhibitions, and on the sale of spirltuou
and malt liquors—which the General Assembly
is hereby authorized to assess—and the pro
ceeds from the commutation lor 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 thegp shall be
established, soon as practicable, or.e or more
common Schools in each School District in this
State.
ARTICLE VII—HOMESTEAD AND EXEMP
TION.
1. Each head of a family, or guardian or trus
tee (rs a famdy of minor children, shall be en
of reaU f t 0 the value of
„ ! ™ ( I *, , P®? , . e * and personal property to the
value of slo#° m specie, both to be 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 proparty of the wife, in her possession
at the time of her marriage, and all property
given to, inherited, or acquired by her, 6hall
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 and
forty five years, except such as may be exempted
by the laws of the United States or this State; aud
snaji be organized, officered, armed, equipped and
trained in such manner as may he provided by
law; subject to the paramount authority of Con
gress over this subject.
2. Volunteer companies of Cavalry, Infantry,
or Artillery may be formed in such manner, and
with such restrictions, as may he provided by
law.
3. No person conscientiously opposed to bearing
arms shall be compelled to do militia duty, but
such persons shall pay an equivalent for exemp
tion ; the amount to be prescribed by law and ap
propriated to the Common School Bund.
ARTICLE IX—COUNTY OFFICERS.
1. The county officers recognized as existing by
by the laws of this State, and not abolished by
this Constitution, shall, where not otherwise pro
vided for in 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 in office, or on the address of two
thirds of the Senate.
ARTICLE X—SEAT OF GOVERNMENT.
1. The Seat of Government of this State, from
and after the date ofthe ratification of this Consti
tution, shall be in the City of Atlauta, and the
General Assembly shall provide lor the erection of
anew Capitol, and such other buildings as the
public welfare may require.
2. The General Assembly shall have power to
provide for the temporary removal of the Seat of
Government in case of invasion, pestilence, or
other emergency.
ARTICLE XI.
The Laws of general operation iu force in this
State are:
1. As the Supremo Law: The 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 in authority thereto: this Consti
tution.
3. Insubordination to the foregoing: AUActs
passed by any legislative body, sitting in this
State as such, since the 19th day of January,
1861, including that body of laws known as the
Code of Georgia, and the acts amendatory
thereof, or passed since that time, which said
Code and acts are embodied in the printed book
known as ‘‘lrwin's Code;” aud 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 rcbeUion against the 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) uny portion of tho 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 tho word States,
such 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, towns, corporations
and private persons, not inconsistent with the
Supreme Law, nor with this Constitution, and
which have not expired nor been repealed, sball
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
to this Constitution.
6. The records, dockets, books, papers, and
proceedings of any Court or office existing in
this State by the laws thereof on the 19th of
Jantiary, ISOI, or purporting to exist by said
laws, and recognized and generally obeyed by
the people as such, since the said time, and
before the several Courts and officers pro
vided for by this Constitution shall have gone
into actual operation, shall be transferred
to the several Courts aud offices of the same
name or functions by this Constitution pro
vided for, and shall Tiavc force and be executed,
perfected and performed therein, and thereby,
as follows, and not otherwise, to-wit:
Final judgments, decrees, proceedings and
acts fully executed and performed, or not re
quiring performance or execution, shall have
full force and effect as though uo 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 oases only, as this Constitutlon,
or tho laws made in pursuance thereof, confer
jurisdiction and authority over the causes of
actions on which said doses, judgments, decrees
or proceedings, civil or criminal, are founded •
Provided, that all said judgments, decrees aud
proceedings shall be subject to bo 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 shaJl be subject always to be explained a s
to the meaning of tho word dollar or dollars, a«
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 movett
in time: Provided, said motion or application
is made iu twelve mouths from the adoption of
this Constitution.
7. The books, papers aud proceedings of tli*
Inferior Courts snail be 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 ofthe County Courts, ana tho
unfinished business thereof, shall be trans
ferred to the Superior Courts ancT the same
sliaU he fiulshcd and performed by the said
Superior Courts and the officers thereof, in
such cases, aud in such eases only, as the said
Courts are, by this Constitution or the laws
made in pursuance thereof, granted jurisdiction
over the subject-matter or debts on which said
eases and judgment*, civil or criminal, are
founded.
8. Til* oases pending and the judgments hud aud
made iu the City Courtß of Savannah und Au
gusta, and 111 the various Justices' Courts in this
State, shall he finished, and the judgments per
formed by the City Courts, and officers and jug.
