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National Ucpublic an
LABURST ( iW cfRCmTION
Official Organ of the U. S- Government.
TUESDAY MORNING April 7. l* r -*
L-£o w to V ote.
Isc sure ami vote for the ratification
* c f (his Constitution, and for the Gov
ernor nominated by the Convention,
who will secure Kklikk, Homestead
nd Schools for the people.
The working man’s candidate:
HOW. R. B. BULLOCK,
OK UH'IIMOXn »'OUNTV. t
CONSTITUTION
OK THK
State ofCxeoriria.
PREAMBLE.
We. ihe people of Georgia, in order to form
a permanent Government, establish Justice,
usure domestic tranquility, and secure the bless
iugs ot Liberty to ourselves and our posterity, ac
knowledging and invoking the guidance of
Almighty God, the author of allgoTid Government,
do ordain and establish this Constitution for Ihe
State of Georgia.
CONSTITUTION.
ARTICLE I.
Declaration of Fundamental Principles.
JScf. 1. Protection to persomuul property U the
paramount dntv of Government, and shall be im
partial and complete.
Sec. 2. All persons born, or naturalized, in the
United Slates, and resident in this State, are here
by declared citizens of this State, and no law shall
be made or enforced which shall abridge the priv
ileges or immunities ol citizens of the United States,
or of this State, or deny to any person within its
jurisdiction the equal protection of its laws And
s it shall be the duty ot the General Assembly, by
appropriate legislation, to protect every person in
the due enjoyment of the rights, privileges and im
munifiesguarrauteed m this section.
Sec. 3. No person shall be deprived of life, liberty
or property, except by due proceesof law.
Sec. 4. There shall be within the State of Geor
gia neither slavery nor involuntary servitude, save
ns a punishment for crime, after legal conviction
thereof.
Sec. 5. The right of the people to appeal to the
Courts, to petition Government on all matters, and
peaceably to assemble for the consideration of any
matter, shall never be impaired.
Sec. 6. Ferfect freedom of religious sentiment
shall be, and the same is hereby secured, and no
inhabitant of this State shall ever be molested in
person or property, or prohibited from holding
any public office or trust on account of his reli
gious opinion; but the liberty of conscience,
hereby secured, shall not be so construed as to
excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of the
people.
Sec. 7. Every person charged with an offense
against the laws, shall have the privilege and
benefit of counsol; shall be furnished, on demand,
with a copy of the accusation a list of the
witnesses on whose testimony the charge against
him is founded ; shall have compulsory process
to obtain the attendance of his own witnesses;
shall be confronted with the witnesses testifying
against him, and shall have a public and speedy
trial by an impartial jury.
Sec. S. No person shall be put in jeopardy of
life or liberty more than once for the same
vffense, save on his or her own motion for anew
trial, after conviction, or in case of mistrial.
See. 9. Freedom of speech and freedom of the
press arc inherent elements of political liberty.
Brt while every citizen may freely speak, or
write, or print on any subject, he shall he re
sponsible for the abuse of the liberty.
See. 10. The right of the people to be secure in
their persons, houses, papers, and effects,against
unreasonable searches and seizures shall not be
violated, and no warrant shall issue but upon
probable cause, supported by oath or affirmation,
particularly describing the place, or places, to be
searched, and the person or things to be seized.
Sec. 11. The social status of the citizen shall
never be tlie subject of legislation.
Sec 12. No person shall be molested for his
opinions, or be subject to any civil or political
incapacity, or acquire any civil or political advan>
tage, in consequence of such opinions
Sec. 13. The writ of habeas corpus shall not- be ;
suspended, unless in case of rebellion or invasion
the public safety may require it.
Sec. 14. A well regulated Militia beingjncces
sary to the security ot a free people, the right
of the people to keep and bear arms shall not be
infringed ; but the General Assembly shall have
power to prescribe by law the manner m which
arms may be borne.
See. 15 The punishment of all frauds shall be
provided by law.
Sec. 10. Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and un
usual punishments inflicted, nor shall any person
be abused in being arrested, whilst under arrest,
or in prison.
Sec. 17. The power of the Courts to punish for
contempt shall be limited by legislative acts.
Sec. 18. There shall he no imprisonment for
debt.
Sec. 19. In all prosecutions or indictments for
libel, the truth may be given in evidence, and the
jury shall have the right to determine the law and
the facts.
Sec. 20. Private ways may be granted upon
just compensation being paid by the applicant.
Sec. 21. All penalties shall be proportioned to
the nature of the offense.
See. 22. Whipping as a punishment lor crime
is prohibited.
See. 23. No lottery shall be authorized,
or sale of lottery tickets allowed in this
State, and adequate penalties for such sale
shall be provided by law.
Sec. 24:. No conviction shall work corruption
of blood, and no conviction of treason shall
work a general forfeiture of estate longer thaq
during the life of the person attainted.
Sec. 25. Treason against the State of Georgia
shall consist only in levying war against the
State,or the United States, or adhering to the
enemies thereof; giving them aid and com
fort. And no person shall be convicted of
treason except on the testimony of two wit
nesses to the same overt act, or his own
confession in open Court.
Sec. 2d. Laws shall have a general operation,
and no general law, affecting private rights,
shall he varied in any particular ease by special
legislation, except with the free consent, in
writing, of all persons to be affected thereby;
and no person under legal disability to con
tract is capable of such free consent.
Sec. 27. The power of taxation over the whole
State shall he exercised by the General Assembly
only to raise revenue for the support of govern
ment. to pay the public debt, to provide a general
school fund, for common defense, and for public
improvement, aud taxation upon property shall
be ad valorem, only and UDiform on all species of
property taxed.
Sec. 28 The General Assembly may grant the
power oftaxation to county authorities ami muni
cipal corporations to be exercised within their
several territorial limits.
Sec 29. No poll tax shall be levied, except for
educatioual purposes, and such tax shall not ex
ceed one do!far annually on each poll.
Sec 30. Mechanics aud laborers shall have liens
upon the of their employers for labor
performed or material furnished, and the Legisla
ture shall provide for the summary enforcement
of the same.
Sec. 31. The Legislative, lixecutivo and Judi
cial Departments shall be distinct; and each Do
partment shall he confided to a separate body of
Magistracy. No person, or collection of persous
being of one Department, shall exercise any
power properly attached to either of the others
except in cases herein expressly provided.
Sec. 32. Legislative acts in violation of this
Constitution, or the Constitution of the United
States, are void; and the Judiciary shall so de
clare them.
Sec. 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 tfie 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 Elections .
See. 1. In all clectious 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 Bix mouths 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. mid which ho may
have hud an opportunity ot paying agrccablv to
law, for the year next preceding tbo election,
(except as hereinafter provided)shall be deemed
an elector; and every male eltUen of the
United States of the age aforesaid (except as
hereinafter provided) who may be a resident of
the State at tho time of the adoption of this
Constitution, shall be deemed an elector, aud
bhall have all the rights of an elector m afore
said
ProeulM, Thai no soldier, sailor or marine, in
the military or navul service of the ITuited States
*hal l acquire the rights of an elector by reason of
beiug staiioned on duty in this State ; und no per
son ahull vote who, if chullengcd. shall refuse to
take tho following oath : ‘ I do sweur that I lmve
not given or received, nor do 1 expect to give or
receive, any money, treat or other thiug of value
by which my vote or any vote is affected or ex
pected to be affected, at tins election ; uor have I
given or promised any reward, or made any threat,
bv which to prevent any person from volingatthia
election.”
Sec. 3. No person convicted of felony or larceny
before any court in this State, or of, or iu
the United States, shall he eligible to any office or
appointment, of honor or trust within this State,
unless lie shall have beeu pardoned.
Sec. 4. No person who is the holder of any pub
lic moneys shall be eligible to any office in this
State, until tho same is accounted for and paid into
tlie Treasury.
Sec. 5. Nq person who after the ndoptiou of this
Constitution, being a resident of this State, shall
engage iu a duel, in this State or elsewhere, or
shall send or accept a challenge, or be aider or
abetter to such duel,shall vote or hold office hi this
State, aud every such person shall also be subject
to such punishment as the law may prescribe.
Sec. 6. The Ueueral Assembly may provide,
from time to time, for tho registration of all
electors, but tbo following classes of persons
shall not bo permitted to register, vote, or hold
office: First—Thoso 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. Second—ldiots or insane persons.
Sec. 7. Electors shall, in all cases, except
treason, felony, or breach of tho peace, be privi
leged fiotn arre3t for five days before an election,
during tho 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,
eloeted by the people, who are to bo commis
sioned hy tho Governor,and also for th’ members
of tho General Assembly, shall be made to the
Secretary of State, unless otherwise provided by
law.
Sec. 10. Tho General Assembly shall enact
laws giving adequato 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, shall commence on the Tuesday after
the first Monday iu 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 snail be elected
for four years, except that the members elected at
tne Hist election, from the twcuty-tvvo Senato
rial Districts numbered in this Constitution with
odd numbers, shall only hold their office for two
years. The members of the House of Representa
tives shall be elected for two years. The election
for members of the 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
successors are elected and qualified.
3. The first meeting of the General Assembly
shall he within ninety days after the adjournment
of this Convention, alter 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
blv, after the second, uuder this Constitution, shall
continue longer than forty days, uuless prolonged
by a vote of two-thirds of each branch thereof.
1. No person holding a military commission,
or other appointment or office having any emolu
uient or compensation annexed thereto, under this
►State or the United States, or either of them, ex
cept Justices of the Peace, ami officers of the
militia, nor 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 hy
the Governor, either with or without the advice
and consent of the Senate, to any olficeor appoint
ment having any emolument annexed thereto,
during the time for which he shall have been
elected.
5. The seat of a member of either House shall
be vacated on his removal from the district from
which he was elected.
Section 11.
1. There shall be forty four Senatorial Districts
in this State, composed each of three contiguous
counties, from each of which Districts one Sena
tor shall be chosen. Until otherwise arranged,
as hereinafter provided—the said Districts shall he
constituted, as follows:
The First District of Chatham, Bryan aud
Effingham.
The Second District of Liberty, Tatnall and
Mclntosh.
The Third District ot Way lie, Pierce and Ap
pl'ng.
The Fourth District of Glynn, Camden aud
Charlton.
The Fifth District ot 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 aud
Miller.
The Ninth District of Early, Calhoun, aud
Baker.
The Tenth District of Dougherty, Lee and
Worth.
The Eleventh District of Clay. Randolph and
Terrel!.
The Twelfth District of Stewart, Webster aud
Quitman.
The Thirteenth District of Sumter, Schley and
Macon.
The Kourteeiith District of Dooly, Wilcox ami
Pulaski.
The Fifteenth Distiict of Montgomery, Telfair
and Irwin.
The Sixteenth Distiict of Laurens, Johnson and
Emanuel.
The Seventeenth District of Bullock, Seriven
and Burke
The Eighteenth District of Richmond, Glass
cock and Jefferson.
The Nineteenth District of Taliaferro, Warren
and Greene.
The Twentieth District of Baldwin, Hancock
and Washington.
The Twenty-First District of Twiggs, Wilker
son and Jones.
The Twenty-Second District of Bibb, Monroe
and Pike.
Tho Twenty-Third District of Houston, Craw
ford and Taylor.
The Twenty-Fourth District of Marion, Chatta
hoochee and Muscogee.
The Twenty-Filth District cf Hariis, Upson
and Talbot.
The Twenty-Sixth District of Spalding, Butts
und 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 Ogletln-ope, Madison
and Elbert.
The Thirty-First District of Hart, Fraukliu aud
Habersham.
The Thirty-Second District of White, Lumpkin
and Dawson.
The Thirty-Third District of Hall, Banks aud
Jackson.
Tlie Thirty Fourth District ol Gwiuuett, De-
Kalb and Henry.
The Thirty-Fifth District of Clayton, Fulton
and Cobh.
The Thirty-Sixth District of Merriwether,
Coweta and Campbell.
The Thirty Seventh District, of Troup, Heard
and Carroll.
The Thirty-Eighth District of Haralson, Polk
aud Paulding.
Tlie Thirty-Ninth District of Cherokee, Milton
and Forsyth.
Ihe Fortieth District of Union, Towns and
Kabnu.
Ihe Forty-First District of F’anniu, Gilmer and
Pickens.
The Forty-Second District of Bartow, Floyd
and Chattooga. ’ J
Ihe Forty-Third District ol Murray, Whitfield
and Gordon ’
The Forty Fourt h District of Walker, Dade and
Catoosa.
If anew county he established it shall he ad
ded to a district which it adjoins, and from which
the larger portion of its territory is luken. The
Senatorial Districts may he changed hy the Gene
ral Assembly, hut only at Ihe first session after the
publication of each census hy the United States
Government; and their number shall not he in
creased.
The Senators shell be eiliseue of the United
States, who have etfieued the age of twcuty-five
veers, end who, after the Brit election uuder this
Constitution, (hall have beeu 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 he
styled the President, aud shall he elected viva
von from the Senators.
1. Tlie Semite shall have the sole power to try
impeachments. When silting for that purpose,
the members shall he on oath or affirmation, and
shall he presided over hy one of the Judges of the
Supreme Court, selected for that purpose hy a
run von vote of tlie Senate; and no person shall
lie convicted without the concurrence of two
thirds of the members present. Judgment# in
cases of impeachment shall not extend further
than removal from office and disqualification to
hold und 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 pnuishment according to law.
Section 111.
* 1. The House of Representatives shall cousist
of one hundred ami seventy live Representatives,
apportioned as follows:
To the six largest counties, to wit: Chatham,
Richmond, F'ulton, Bibb, Houston and Burke,
three representatives each.
To the thirtv-ono next largest, to wit: Bartow,
Columbia, Cobb, Coweta, Clarke, Decatur,
DoOgherty, F'loyd, Gwiuuett, Greeue, Hancock,
Harris, Jefferson, Lee, Muscogee, Monroe, Merri
wether, Morgan, Macon, Newton, Ogletliovpe
Pulaski, Randolph, Sumter, Stewart, Troup.
Thomas,Talbot, Washington, Wiikesand Warren,
two representatives each; aud
To the remaining ninety-five counties, one
representative each.
2. The above apportionment may he changed
by the General Assembly after each census
hy the United States Government, but in no event
shall the aggregrate number of Representatives
he increased.
3. Tlie Representatives shall he citizens of the
United States, who have attained the age of
twenty-one years, und who, after the first election
under this Constitution, shall have been citizens
of this State for one year, and for six months reei
dent of the counties fiom which elected.
4. The presiding officer of the House of Repre
sentatives shall he styled tlie 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 in office.
6. All bills for raising revenue or appropriating
money shall originate iu the House of Represen
tatives, hnt the Senate may propose or concur in
amendments as in other hills.
Section IV. ,
1. Eacli House shall he the judge of the election
returns and qualifications of its members, and
shall have power to punish them for disorderly
behavioror misconduct, hy censure, tine, imprison
ment or expulsion, hut no member shall he ex
pelled except by a vote of two-thirds of the House
from which lie is expelled.
2. Each House may punish by imprisonment,
not extending beyond the session, auy person not
a member who aiiall be guilty of a contempt hy
auy 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 iu either House, or who shall assault any
member going to or returning therefrom, or who
shall *-escA or attempt to rescue any person ar
rested by order of either House.
3. The members of botli Houses shall he free
from arrest during tlicir attendance oil the Gene
ral Assembly, and in going to or returning there
from, except for treason, felony, larceny or breach
of tho 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
tilth of the members present, he entered on the
Journals. The original Journals shall be pre
served, after publication, in the office of the Secre
tary of State; but there shall he no other record
thereof.
5. Every bill, before it ahull 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.
ti. All Acts shall he sigued by the President of
tlie Senate and the Speaker of the House ot
Representatives; aud no hill, ordinance, or
resolution, intended to have the eltect of a law,
which shall have beeu rejected hy either House,
finill he again proposed during the same session
under the same or auy other title, without the
consent of two-tlurds of tlie House by which the
same was rejected.
7. Neither House shall adjourn for more than
three days, nor to any other place, without tlie
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 tlie two Houses, other than
the President and Speaker, shall be 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 hy a vote of the House. And their pay,
as well as the pay and mileage of the members
shall he fixed hy law.
‘.l. Whenever the Constitution requires a vote
of two-thirds of either or both Houses for the
passage of an act or resolution, tlie yeas and nays
on the passage thereof shall he entered on the
journal, and all votes on c&nfirmations or refusals
to confirm nominations to office by the Governor
shall be by yeas and nays: aud tlie yeas and nays
shall he 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 he has not practiced any
unlawful means, directly or indirectly, to procure
liis election, and that he has not given, or offered,
or promised, or caused to be given, or ottered or
promised to any person, any money, treat or tiling
of value, with intent to affect any vote, or to pro
vent any person voting at the election at which he
was elected.
Section V.
1. Tlie 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, which they' shall deem neees
sary and proper for the welfare of the State.
2. Tlie General Assembly may alter the boun
daries of, or lay off and establish new counties, or
abolish counties, attaching ihe territory thereof to
contiguous counties, hut no new counties shall be
established except hy a vote of two-thirds of each
House, nor slinll any county he abolished except
by a vote of two-tlurds of each House, and after
the qualified voters of tlie county shall, at an elec
tiou held for the purpose, so decide.
Section VI.
1. No money shall be drawn from the Treasury
except by appropriation made hy law, and a
regular statement and account of the receipt und
expenditure of all public moneys shall be published
from time to time, and also the laws passed hy
each session of the General Assembly.
2. No vote, resolution, law, or ord’et shall pass,
granting a donation or gratuity ill favor of any
person, except hy the concurrence of two thirds
of each branch of the General Assembly, nor hy
any vote to a sectarian corporation or association.
3. No law or section of the Code shall he amen
ded or repealed hy 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 the law to he amended or repealed, as
well as the alteration to he 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 stockholder in or contribute
to any railroad or work of public improvement,
except in the case of tlie inhabitants of a corporate
town or city. In such cases the General Assem
bly may permit tlie corporate authorities to take
such stock, or make snen contribution, or engage
in such work, after a majority of the qualified
voters of such town or city, voting at election,
held for tlie purpose, Bhall have voted in favor of
the same, hut not otherwise.
5. The General Assembly shall have no power
to grant corporate powersand privileges to private
companies, except to Banking, Insurance, Rail
road, Canal, Navigation, Mining, Flxpress, Lum
ber, Manufacturing aud Telegraph Companies;
uor to make or change election precincts; nor to
establish bridges or ferries; nor to change the
names of legitimate children; hut it shall pre
scribe, hy law, the manner iu which such powers
shall he exercised by the Courts. Bat no charter
for auy Bank shall he granted or extended. and no
act passed authorizing the suspension of specie
payments hy any hank, 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 the State he granted or loaned to aid
any Company without a provision that the
whole property of the Company shall be
bound for tlie security of tlie State prior to any
other debt or lien, except to laborers; uor to any
Company iu 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 he construed to waive the necessity
for the signature of the Governor, as in any other
cases except in the cases of tlie two-thirds vote
required tc override tlie veto.
ARTICLE IV.—EXECUTIVE.
Section I.
1. The Executive power ahull he vested
in a Governor, who shall hold his office during the
term of four years, and until such time ns a suc
cessor shall he choaeii aud qualified. He shall
have a competent salary established by law,
which shall not he iucr.aied or diminUhe/during
the period for which ha shall have been elected;
uor shall lie receive, within that period, any other
emolument from the United States, or either of
them, or from auy foreign power
2. After the first election, the Governor shall
be elected quadrennially, hy tho persons quali
fied to vote for members of the General Assembly,
ou tho Tuesday after the first Monday in Novew
her. until such time he altered hy law. which Mt
tiou shall he held at tho 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
funis for every election of Governor after tlie
first shall ho seuled up hy the Managers, sepa
rately from other returns, und directed to tho 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 Bhall,
without opening the said returns, cause the same
to he laid before the Senate, oil the day after the two
Houses shall have been organized ; and they
shall be transmitted hy the Senate to the House
of Representatives. The members of each
branch of the General Assembly shall convene
in the Representative Hall, and the President
ot the Senate and the Speaker of the House of
Kcprcflcntativcs shall open and publish flic
rctnrns in tlie presence of the General Assem
bly; and the person having the majority of tlie
whole number of votes given shall be declared
dnly elected Governor of this State; hut if no
person have such majority, then from tho two
persons having the highest number of votes,
who shall bo iu life, and eliull not decline an
election at the time appointed for the Legisla
ture to elect, tlie General Assembly shall imme
diately elect a Governor viva voce; and in all
cases of 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 sncli
manner as shall be prescribed hy law.
3. No person shall be eligible to the otfico of
Governor who shall not have been a citizen of the
the United States fifteen years, and a citizen of this
State six years, and who shall not have attained
the age ot thirty years.
4. in case of the death, resignation, or disability
of the Governor, the President of the Senate shall
exercise the executive powers of the Government
until such disability ho removed, or a successor is
elected und qualified. And in Caße of the death,
resignation, or disability of the President of tlie
Senate, the Speaker of the House of Representa
tives shall exercise the executive powers of the
Government until the removal of the disability or
the election aud qualification of a Governor. The
General Assembly shall have power to provide hy
law for filling unexpired terms hy a special elec
tion.
5. The Governor shall, before he enters on the
duties of liis office, take lie following oath or
affirmation : “X do solemnly swear or affirm (as
the case may he) that 1 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 ho Commander-in
Chief of the Army and Navy of this State, and
of tho Militia thoreof.
2. He shall have power to grant reprieves and
pardon, to commuto penalties, and to remit any
part of a scntenco for offenses against the State,
except in eases of impeachment.
3. Ho shall issuo writs of election to fill all
vacancies that happen in the Senato or Houso
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 tho Common
wealth, and recommend to their consideration
such measures as ho may deem necessary and
expedient.
4. When any office shall become vacant hy
death, resignation, or otherwiso, tho Govern o
shall have power to fill sach vacancy, unless
otherwiso provided by law; and persons so
appointed shall continue in office until a succes
sor is appointed agrcebly to the mode pointed
out hy this Constitution, or by law in pursuance
thoreof.
5. A person once rejected by the Senate shall
not he reappointed hy the Governor to the same
office during the samo session, or the recess
thereafter.
6. The Governor shall have tho revision of all
hills passed hy both Houses before the same shall
become laws, hut two thirds of each House may
puss a law notwithstanding his dissent, and if any
hill should not he returned hy the Governor with
in five days (Sundays excepted! after it has been
presented to him, tlie same shall he a law, unless
the General Assembly, by their adjournment, shall
prevent its return, lie may approve any appro
priation, and disapprove any other appropriation
in the same hill, and tlie latter shall not be effectual
unless passed hy two thirds of each House.
7. Every vote, resolution, or order, to whicli the
concurrence of both Houses may be necessary, ex
cept on a question of election or adjournment,
shall he presented to tlie Governor, and before it
shall take effect, he approved hy 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 he a Secretary of State, a
Comptroller General, a Treasurer, and Sur
veyor General elected hy 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 the period for which they
shall have been elected. The General Assembly
may at auy time consolidate any two of these
offices, and require all the duties to he dis
charged hy one officer.
‘J. The Great Seal of the State shall he deposi
ted in the office of the Secretary of State, and
shall not be affixed to any instrument of
writing hnt by order of the Governor or Gene
ral Assembly ; and that now in use shall he the
Great Seal of the State until otherwise pro
vided by law.
10. The Governor shall have power to ap
point his own Secretaries, not exceeding two
iu number, 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 flic Peace,
commissioned Notaries Public, and such other
courts as have been or may be 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 tho Judges are
disqualified from deciding any ease, by interest
or otherwise, the Governor shall designate
certain Judges of the Superior Courts to sit in
their stead. At tho 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 ;
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 Courts ot Savannah
and Augusta, and such other like Courts as may
be hereafter established in other cities; and shall
sit at tlie seat of Government at such times in eacli
year as shall he prescribed hy law, for the trial
and determination of writs of error from said
Superior and City Courts. The days on which
the cases from the several Circuits and City
Courts shall he taken tip hy the Court shall lie
fixed hy law.
3. The Supreme Court shall dispose of every
case at the first or second term after such writ of
error is brought; and in case the plaintiff in error
shall not he prepared at the first term to prosecute
the case, unless prevented hy Providential cause,
it shall he stricken front the docket, aud the judg
ment below shall stand affirmed. In any case, the
Court may, in its discretion, withhold its judg
ment until the next term after the same is argued.
4. Wlteu only two Judges sit in any case, and
they disagree, the judgment below shall stand
affirmed.
Section 111.
1. There shall he a Judge of the Superior Courts
for each Judicial Circuit. Hu may act iu other
circuits when authorized hy law. At the first ap
pointment of such Judges under this Constitution,
one half of the number (as near as may he) shall
he appointed for four years, and the other half for
eight years ; hut all subsequent appointments, ex
cept to fill unexpired terms, shall oe for tlie term
of eight years.
2. The Superior Court shall have exclusive,
jurisdiction in eases of divorce ; in criminal cases
where tlie offender is subjected to loss of life or
confinement in the penitentiary; incases 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 sncli cases as may he pro
vided by law. They shall have power to cor
rect errors in inferior judicatories by writ of cer
tiorari, which shall only issue on the sanction of
the Judge; aud to issuo 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 be no appeal from one jury iu
tho Superior Courts to uuother; but tho Court may
grant new trials on legal grounds. Tho Courts
shall rendor judgment without the verdict of a
jury, in all civil cases founded on contract,
where an issuable defence i3 net filed on oath.
4. The Superior Courts shall sit in each
county not less than twice in each year, at such
times at have been, or may he appointed by law.
Section l V.
1. Until tlie General otherwise
direct, tbero shall boa District Judge and a
District Attorney for each .Senatorial District in
this .State.
2. Tlie District Judge -hill haio jurisdiction
to hear arid determine all offences not punishable
with death or imprisonment in tlie Penitentiary;
and it shall ho the duty of the District Attorney
to represent tlie State in all cases bofnre the
District Judge.
3. The District Judge shall sit nt staled times—
not less than oin ein eitelMiiontli—in each county
in his District, for the trial of offenses,aud at such
other times as tlie General Assembly luay direct.
4. Offenses shall he tried beforo the District
Judge on a written accusation, founded ou
affidavit, said accusation shall plainly set forth Ihe
offense charged, and shall contain tlie name of the
accuscrand he signed hy the District Attorney.
5. There shall he no jury trial before the District
Judge except when demanded hy the accused, iu
which case tlie jury shall cousist of seven.
(i. Sncli civil jurisdiction may lie conferred on
the District Judges us the General Assembly, may
direct
7. The District Judges aud Attorneys eliull hold
their offices for a period ot four years, and shall
receive for their services such stated compensation
in their respective Districts a> may ho provided by
law ; hut in no event shall their compensation be
in anywise dependent on tines, forfeitures or
costs.
Section V.
1. The powers of a Court of Ordinary and of
Probate shall he 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 iu 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 he in each district one Justice
of the Peace, whose official term, except when
elected to fill an unexpired term, shall he four
years.
3. The Justices of the Peace shall have juris
diction, except as hereinafter provided, in all
civil cases where the principal sum claimed
does not exceed one hundred dollars, and may
sit at any time for the trial of such cases. But
in cases where the sum' claimed is more than
fifty dollars,; there may he an appeal to the
Superior Court, under such regulations as may
he 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 he appointed aud
commissioned by tlie Governor, not to exceed
one for each Militia District, for a term of
four years, and shall ho ex-officio Justices of the
Peace.
Section VII. «
1. There shall he an Attorney General of the
State, whose official term, except when appointed
to lilt an unexpired term, shall he four years.
2. It shall he 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 tlie Supreme and Superior
Courts, when required by the Governor; and to
perform such other services us shall he required
of him hy law.
Section VIII.
1. There shall he a Solicitor General for cadi
Judicial Circuit, whose official term, except when
appointed to fill an unexpired term, shall be four
years.
2. It shall be tlie duty of the Solicitor General
to represent the State in all cases in the Superior
Court of liis Circuit, and in all cases taken up
from liis Circuit to tlie Supreme Court, and to
perform such other services as shall he required of
him by law.
Section IX
1. The Judges of the Supremo and the Supe
rior Courts, the Attorney General, Solicitors
General, and the District Judges and Attorneys,
shall be appointed hy the Governor, with tho
advice and consent of tho Senate, and shall be
removable by the Governor on tho address of
two-thirds of each branch ot the General Assem
bly, or hy impeachment and conviction thereon.
2. The Justices of tho Peace shall he elected by
the legal voters in their respective districts, and
shall bo commissioned by tho Governor. They
shall he removable on conviction for malpractice
in office.
Section X.
1. The Judges of the Supreme and Superior
Courts and the Attorney and Solicitors 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 Attorneys shall receive out of the
Treasuries of the several counties ol their Dis
tricts adequate compensation, on a specie basis,
which shall not be increased or diminished
during their term of office; but said Judges
shall "not receive any other perquisites or
emoluments whatever, from parties or others,
on account of any duty required of them.
3. The General Assembly shall provide for the
equitable apportionment of the compensation
of the District Judges and Attorneys between
tlie Counties composing their Districts, and
shall require the moneys arising from lines and
forfeitures iu the District Courts to be paid
into the Treasuries thereof.
3. No person shall be Judge of the Supreme
or Superior Courts, or Attorney General, unless
at the time of liis 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 he granted except on
tlie 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 ihe revision of the court.
Section XII.
L Divorce cases shall be tried in the county
where the defendant resides, if a. resident of this
State.
2. Criminal cases shall he fried in tho county
where the crime was committed, except cases in
the Superior Courts when the presiding Judge is
satisfied that an impartial jury cannot he obtain
ed in such county.
3. 'Cases respecting titles to lands shall he tried
in the r ii-oty where the land lies, except where a
single tract is divided hy 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 trespiasscrs residing
in different counties, may tie tried in either
county.
6. Suits against the maker and indorser of
promissory notes, on other like instruments, re
siding in different counties, shall be tried in
the county where tho maker resides.
7. All other 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 tiiis 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 bo no
distinction between tho classes of persons who
compose grand aud petit juries. Jurors shall
rocoive adequate compensation for their services,
to he prescribed by law.
Section XI V.
1. The Courts heretofore existing in this State,
styled inicrior Courts, are abolished; and tlicir
unfinished business, and the duties of tho Jus
tices thereof, are transferred to such tribunals as
the General Assombly may designate.
Section XV.
»»l. The General Assombly shall have power to
provide for tho creation of county commissioners
in such counties as nay require them, and to
define their duties.
Section XVI.
1. All Courts not specially mentioned by
name, in tho first section of this article, may
be abolished in any county at tho discretion of
tho General Asseffibly, and the 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 auy resident
of this State, upon any contract or agreement, made
or implied, or upon auy contract made in renewal
of any debt existing prior to the first duv of June,
ISti.i. 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 renewal of a debt existing prior to
tlie first day of Julie, 1865,except ill the following
cases:
1. In units against trustees where tlie property
istu the handsel' tlie trustee, or has been invest
ed by him in oilier specific effects now in his hands,
and in sails hy the vendor of real estate against
the vendee, where not more than one-tliiril of the
purchase money has been paid, and the vendee is
in possession of the land or specific effects for
winch ho has sold it, and he refuses to deliver the
land or said effects to the vendor. Iu such cases
tlie Courts and officers may entertain jurisdiction
and euforce judgments against said trust property
or land or effects.
2. In suits for the lieuefit of minors iiy trustees
appointed before the first day of June. lffo.
3. In suits against corporations in their corporate
capacity, hut not so a. to euforce tlie debt against
the stockholdeis ol officers thereof iu their individ
ual capacity..
4. In suits hy charitable or literary institu
tions for money loaned, property—other than
slaves—sold, or services rendered by sneh
institutions.
0. In suits on debts due for mechanical or
manual labor, when the suit is by the mechanic
or laborer.
0. In cases when the debt la set up hy way of
defense and the debt set up exceeds any debt
due by defendant to plaintiff of whicli the
Courts are denied jurisdiction.
7. In all other eases in which Ihe 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 executed
during the lute rebellion, with the intention
and lor the purpose of aiding und encouraging
said rebellion, or where it was the purpose and
intention of any one of tlie parties to such con
tract to aid or encourage such rebellion, and
that fact was known to the other party, whether
said contract was made by any person or corpo
ration with the State or Confederate States, or
by a corporation with a natural person, or
between two or more natural persons, are
hereby declared to have been and to be
illegal; and all bonds, deeds, promissory
notes, bills, or other evidences of debt, made
or executed by the parties to such contract,
or either of them, in connection with such
illegal contract, or as the consideration there
for, or in furtherance thereof, are hereby de
clared null and void, and shall be so held in all
Courts in this State, when attempt shall lie made
to enforce any such contract, or give validity to
any such obligation or evidence of debt. Aud iu
all cases when the defendant or any one interested
iu the event of the suit, will make a plea, supported
by Ilia or her affidavit, that he or she lias reason
to believe that the obligation or evidence of in
debtedness npon which tlie suit is predi
cated, or some part thereof, has been given or
used fertile illegal purpose aforesaid, the burden
ol' proof shall he upon the plaintiff to satisfy the
court and jury that the bond, deed, note, hill, 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 iu aid of the rebellion; and tlie date of such
bond, deed, note, hill, or other evidence of indebt
edness, shall not he evidence that it has or lias not,
since its date, been issued, transferred, or used, iu
aid of the rebellion.
in. It shall he 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, liSßd, in the hands of any one in
his own right, or trustee, agent, or attorney of
another, ou or alter the first day of January,
IS6B, a tax of not exceeding twenty five per
cent., to he paid by the creditor on pain of tho
forfeiture of the debt, hut chargeable by him, as
to one half thereof, against the debtor, and col
lected with the debt; Pi -oeided, That this tax
shall not be collected if tho debt or cause of ae
tion ho abandoned or fettled without legal pro
cess, or if' in judgment, he settled without levy
,and sale; and provided further, ibis tax shall
not bo levied so long as the Courts of this State
shall not have jurisdiction of such debts or
causes of action.
ARTICLE VI—EDUCATION.
!. The General Assembly, at its first session
alter the adoption of this Constitution, shall pro
vide a thorough system of General Education, to
he forever free to all children of the State, tlie
expense of which shall he provided for by taxa
tion, or otherwise.
2. The office of State School Commissioner is
hereby created. He shall lie appointed hy the
Governor with the consent of tiie Senate, and
shall hold his office for the same term as the Gov
ernor. Tlie General Assembly shall provide for
the said Commissioner a competent salary and
necessary clerks. He shall keep liis office at tlie
Seat ot Government.
3. The Foil tax allowed hy this Constitution,
any Educational fund now" belonging to this
State—except the endowment of and debt due
to the State University—ortliat may hereafter
be obtained in any way, a special tax on Shows
and Exhibitions, and on the sale of spirituou
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 aud devoted to the support
of Common Schools. And if the provisions
herein made shall, at any time, prove insuffi
cient, the General Assembly shall have
power to levy such general tax upon the property
of tho State ns may he 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
TION.
1. Each head of a family, or guardian 04 trus
tee of a family if minor children, shall be en
titled to a homestead of realty to the value of
$2,000 in specie, and personal property to tho
value of SI,OOO in specie, both to he valued at
the time they' are set apart, and no court or
ministerial officer of this State shal! 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 bo 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, ami for labor
done thereon, or material furnished therefor, or
removal of incumbrances thereon; und it shall
be the duty of tlie General Assembly, as early
as practicable, to provide by law for the setting
apart and valuation of said property, and to
enact laws for tlie full and complete protection
aud security of the same to the sole use and
benefit ot said families as aforesaid.
2. All property of the wife, in her possession
at the time of her marriage, and all property
given to, inherited, or acquired by iier, shall
remain her separate property, and not he liable
for the debts of her husband.
ARTICLE VIII—MILITIA.
1. The Militia shall consist of all able bodied
male persons between (lie ages of eighteen and
forty five years, except such as may he exempted
hy the law's of the United States or this State; and
shall he organized, officered, armed, equipped and
trained in such manner ns may he provided hy
law; subject to the paramount authority of’JjQon
gress over this subject.
2. Volunteer companies of Cavalry, infantry,
or Artillery may be formed in such manner, and
with such restrictions, as may be provided hy
law.
3. No person conscientiously opposed to hearing
arms shall be compelled to Jo militia dnty, hut
such persons shall pay an equivalent for exemp
tion ; the amount to be prescribed by law aud ap
propriated to the Common School Fund.
ARTICLE IX—COUNTY OFFICERS.
1. The county officers recognized as existing by
hy tlie 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 he removable on conviction
for malpractice in office, or on the address of two
thirds of the Senate.
ARTICLE X—SEAT OF GOVERNMENT.
1. Tlie Seat of Government of this State, from
and after the date of the rat ification of this Consti
tution, shall he in Hie City of Atlanta, and the
General Assembly shall provide for the erection of
anew Capitol, and such other buildings as the
public welfare may require.
2. The General Assembly shall have power to
provide for the temporary removal of the Seat of
Government in case of invasion, pestilence, or
other emergency.
' ARTICLE XI.
The Laws of general operation in force in this
State arc:
1. As the Supreme Law: The Constitution of
tlie 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. In subordination to the foregoing: All Acts
passed by any legislative body, sitting in this
State as sncli, since the 19tli day of January,
18(51, including that body of laws known as the
Code of Georgia, and the acts amendatory
thereof, or passed since that time, which said
Cotie and acts are embodied in the printed book
known as "Invin’s Code;” and 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, 1800,
as are not superceded by said Code, though not
embodied therein, except so much of the said
several Statutes, Code and Laws us may bo in
consistent with the supreme law herein recog
nized, or may have beeu passed in aid of tlie
late rebellion against the United States, or may
be obsolete, or t may refer to persons held iii
slavery, which excepted laws are inoperative
and void; and any future General Assembly
shall he competent to alter or repeal (if not
herein prohibited; any portion ol Ure t
clared to be of force in this third !a*s4e
of this clause of this Article and s?' lßcat wn
said laws herein declared of fore,- .1 ao J of
"Confederate” occurs before the Wor 4
such law is hereby amended bv soj»Ta Bt »tee
word “United” for the word
4. Local and private acts rr J sX/ a '} /: -
benefit of counties, cities, towns Tori, for Hi*
and private persous, not in< omisterd Jratio »%
Supreme Law, nor with this Conotimt* 1 * 1 *
which have not expired uor been renSiiS 11 ’ dM
have the force of Statute Law, subtext
cud decision as to their validity WhL t 0 inl
and to any limitations imposed bv
terms. ' l “rtr o*s
All rights, privileges and
which may have vested in or
person or persons, or corporation' in Li'. 5° *“7
their own right, or in any fiduciary
under any act of any legislative body ££*“7,
tills State as sneh, or of anv decrw in!?* i! >
or order of any Court, sitting in ’ th- dß ? eitt i
under the laws then of f or “f Stitt
therein, and recognized by the
Court of competent jurisdiction ’■* 1
day of January, 1861, shall be hrid WiM 6 . 11 ' 4
all the Courts of this State, unless mSS 4 ? 1 !
fraud, or unless otherwise declared
or according to this Constitution 110 K
fi. The records, docket-, books, D an*~
proceedings of auy Court or office S’ aC!i
this State by the laws thereof on Se? 111
January, 1861, or purporting to exiTt h. *
laws, and recognized and generally
the people as such, since the said tim, by
before the several Courts and ofli**™ aM
vided for by this Constitution shall Li.? pri) -
into actual operation, shall be wV°°-
to the several Courts and offices of ~
name or functions by this Constitut e,, 510115
vided for, and shall have force and be*™ V 0"
perfected and performed therein, and till'T'
as follows, and not otherwise, to-wit- lleret) ?,
Final judgments, decrees, proceed!,,,,,
acts fully executed and performed or SL* 114
quiring performance or execution ’ shin l r '“
full force and effect as though no 'intern, t?"
had taken place in the legal success"
courts and offices except as herein otherSS
provided Proceedings not final, and
mentsand decrees not fully executed
formed, shall proceed and be performed to £1“
cases, and such cases only, as this Constitut
or the laws made in pursuance “
jurisdiction and authority over the cans*- .
actions on which said cases, judgments de*r*«
or proceedings, civil or criminal are foumh?’
Provided, that all said judgment? decnSX
proceedings shall be subject to be set asidel,
reversed, or vacated, by proceedings in ’th
several courts having custody of the Record. --
though they were tlie judgments of said eoum
and sliall be subject always to be
to the meaning of the word dollar or dollar. «
used in the same, and no motion for anew trt,i
biU of review, or other proceeding, to vaert*
any judgment, order or decree, made rim*it
19th of January, 1861, by any of said conns sot
fraud, illegality, or error of law, shall be deni ?
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.
, I' The books, papers ami proceedings of tin
Inferior Courts shall be transferred to' and n
main in, the control of the Ordinaries who
shall perform the duties of said Courts anti]
otherwise provided hy law. The hooks, naner:
and proceedings of the County Courts, and the
unfinished business thereof, shall be tram
ferred to the Superior Courts and the same
shall he finished and performed by the said
Superior Courts and the officers thereof in
such cases, aud in such cases onlv, as the laid
Courts are, by this Constitution or the law!
made in 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 the judgments had and
made in the City Courts of Savannah andAn
gasta, and in the various Justices’Courts in this
State, shall be finished, aud the judgments per
formed by tlie City Courts, and officers and jus
tices, provided hy this Constitution, in such cases,
anil<uch only, as by this Constitution jurisdiction
is given to said Courts and officers, over tie
causes of action on which they are founded.
9. The judgments and proceedings of Courts,
and acts of officers within their jurisdiction, ,1
provided by law, shall be valid, notwithstand
ing the Jiidges of said Courts or the said officers
were appointed by tlie military authorities of
the United States, and any of said judgments,
or acts, or proceedings made or done, under or
by virtue of, or in accordance with the orders
of said military authorities, duly made, are as
valid as if done under a law of this State.
10. These several acts of confirmation slull not
he construed to divest any vested right, nor to
make any act, criminal, otherwise not criminal,
hut they shall he construed as acts of peace, and to
prevent injustice : Provided , That nothing in this
Constitution sliall be so construed as to a:alie valid
auy acts done by, or before, any such de fecit
officer, which would, hy legalizing such acts, ren
der that criminal which was not criminal when
done, or cause any act not legally criminal when
done to become criminal by giving validity to
such act after it was done -, hut all such acts shall
he held hy the Courts to be null and void.
It. Should this Constitution be ratified by ihe
people, and Congress accept- tlie same witli any
qualifications or conditions, the Government here
in provided for, and the officers elected, shall
nevertheless exist and continue in the exercise of
their several functions, as the Government of this
State, so far as the same may be consistent with
the action of tlie United States in the premises.
12. The ordinances of this Uouveution on the
subject of the first election, and the first General As
sembly, shall have tlie force of laws, until they
expire by their own limitation, and all otlierordi
nances of a mere Legislative character, shall have
tlie force of laws, until otherwise provided by the
General Assembly.
ARTICLE XII.—AMENDMENTS TO THK
CONSTITUTION.
1. This Constitution may be amended hy a
tivo thirds vote of two successive Legislature;,
and by a submission of the amendment to the
qualified voters for final ratification. But the
General Assembly shall uot call a Convention
of the people in the election of delegates to
which any person, qualified to vote by this
Constitution shall tie disqualified. And the
representation in said Convention shal! be
based on population. Nor shall the light ol
suffrage ever be taken from any person quali
fied by this Constitution to vote.
J. R. PARROTT.
Pres. Ga. Con. Conven.
Attest: P. M. Sueiblky, See.,
Geo. Con. Conven.
Atlanta, Ga., March 12, 1868.
I hereby certify that the foregoing is a correA
copy of the Constitution, ordained by the
Georgia Constitutional Convention and adop;
ted, as a whole, by that body, on the 11th day
of March 1808. P. M. SIIEIBLEY,
Secretary of the Conventiou.
Notice to Passengers.
f pilE - NEW SCHEDULE TO NEW YORK,
-L and all points North and East, hy tho
Great Atlantic Seaboard Route,
is now complete and in operation. No delay -•
interruption. At Weldon, passengers
choice of threo routes, viz.:
Via ANNAMESSIC LINK.
17a RICHMOND and WASHINGTON CIIV
but OLD BAY LINE.
THIS IS TUB
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P. 11. LANGDON,
General Southern Agent-
ISAAC LEVY,
apl—if Agent at Augusta. (,J '
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