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Official Organ of tho U. S Oovcrnment.
WEDNESDAY MORNING April 8, 1888
How to Vote.
|* ( > sure and vote for the ratification
of this Constitution, and lor the (lov.
crnor nominated by the Convention,
who will secure Hki.ikk, llomkstkad
nd Schools for the people.
The working man’s candidate:
HON. XL B. BULLOCK,
OK KH'UMON'O COUNTY.
CONSTITUTION
. OF THU
State of Greoi*o-ia.
PREAMBLE.
We, tlio people of Georgia, ill order to form
a permanent Government, establish Justice,
usure domestic tranquility, and secure the bless
ings ot Liberty to ourselves and our posterity, ac
knowledging and invoking the guidance of
Almighty God, the author of all good Government,
do ordain and establish this Constitution for the
State of Georgia.
CONSTITUTION.
ARTICLE I.
Declaration cf Fundamental Principles.
Sec. 1. Protection to person and property is tlie
paramount, duty 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 o! citizens of the United States,
or of this State, or deny to any person within its
jurisdiction the equal protection of its laws. And
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 itn
nmni’ies guarranteed in this section.
Sec. 3. No person shall he deprived of life, liberty
or property, except by due processof law.
Sec. 4. There shall be within the State of Geor
gia neither slavery nor involuntary servitude, save
as a punishment for crime, after legal conviction
thereof.
Sec. 6. The right of the people to appeal to the
Courts, to petition Government on all matters, and
peaceably to aesemble for the consideration of any
matter, shall never te impaired.
See. 6. Perfect freedom of religious sentiment
shall be, and tho same is hereby secured, and no
inhabitant of this State shall ever bo 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.
See. 7. Every person charged with an offense
against the laws, shall have the privilege and
bcuefit of counsel; shall be furnished, on demand,
with a copy of tho 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 tho witnesses testifying
against him, and shall have a public and speedy
trial by an impartial jury.
Sec. 8. No person shall bo put in jeopardy of
life or liberty more than once for tho samo
offense, save on bis or her own motion for anew
trial, after conviction, or in case of mistrial.
See. 9. Freedom of speech and freedom of the
press are inherent elements of political liberty.
Brt while every citizen may freely speak, or
write, or print on any subject, ho shall he re
sponsible tor 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 r.o 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 seizod.
Sec. 11. The social status of the citizen shall
never be tho subject of legislation.
Sec I*2. 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. 11. A well regulated Militia being jneces
eary 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
Dower to prescribe by law the maimer in winch
arni3 may be borne.
Sec. J 5 The punishment of all frauds shall be
provided by law.
Sec. IG. Excessive bail shall not be required,
nor excessive 4ines imposed, nor cruel and un
usual punishments inflicted, nor shall any person
be abused iu 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 be 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.
See. 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
Sec. 22. Whipping as a punishment lor crime
is prohibited.
Sec. 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.
See. 24. No conviction shall work corruption
of blood, and no conviction of treason shall
work a general forfeiture of estate longer than
during the life of the person attainted.
See. 25. Treason against the State of Georgia
shall consist only in levying war against the
State,or the United States, or adhering to the
cueraies thereof; giving them aid and com
fort. And no person shall he convicted of
treason except on the testimony of two wit
nesses to the same overt act, or his own
confession in open Court.
Sec. 20. Laws shall have a general operation,
and no general law, affecting private rights,
•'’hall be varied in any particular case 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
t ract is capable of such free consent.
Sec. 27. The power of taxation over the whole
State shall be exercised by the General Assembly
only to raise revenue for the support of govern
incut, to pav the public debt, to provide a general
school fund, for common defense, and for public
improvement, and taxation upon property shall
be ad valorem only and uniform on all species of
property taxed.
Sec. 28 The General Assembly may grant the
power of taxation to county authorities and muni
cipal corporations to be exercised within their
several territorial limits.
Sec 29. No poll tax shall be levied, except for
educational purposes, and such tax shall not ex
ceed one dollar annually on each poll.
Sec. 30. Mechanics and laborers shall have liens
l, Pon the property of their employers for labor
performed or material furnished, and the Legisla
ture shall provide for the summary enforcement
of the same.
Sec. 31. Ihe Legislative, Executive and Judi
cal Departments shall he distinct; and each De
partment shall be confided to a separate body of
Magistracy. No person, or collection of persons
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. 83. The State of Georgia shall ever re
main u 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 tlie United States, and no law or ordinance
of this State, in contravention or subversion
thereof, shall ever have any binding force.
ARTICLE 11.
Pranchisc and Elections.
Sec. 1. In all elections by the people, the
electors shall vote by ballot.
See. 2. Every male person horn in the United
States, and every male person who has been
naturalized, or who lias legally declared his in
tention to become a citizen of the United
States, twenty-one yours old or upward, who
shall have resided in this State six months next
preceding the election, and shall have resided
thirty days in the comity in which lie oilers to
vote, and shall have paid all taxes which may
have been required of him, «id which he may
hove had an opportunity of paying agreeably to
law, for the year mart preceding the election,
(except a* hereinafter provided)«nall be deemed
an elector; and every male uitixen of the
United States of the uge aforesaid (except as
hereinafter provided) who may be a resident ol
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 us afore
said
Provided, That no soldier, sailor or murine, iu
tlie military or iihvhl service of the United States
shall acquire the rights of an elector by reason of
being stutiouod on duty in this State ; nnd no per
son shall vote who, if challenged, shall refuse to
take the following oatli: •-1 do swear that 1 have
not given or received, nor do 1 expect to give or
roceive, any money, treat or other thing of value
by winch my vote or any vote isaffected or ex
pected to be affected, at this election ; uor have I
given or promised aiiy reward, or made any threat,
by which to prevent any person from voting at this
election.”
Sec. 3. No person convicted of felony or larceny
before nay court iu this State, or of, or in
Ihe United States, shall he eligible to any olliceor
appointment of honor or trust within this State,
unless lie shall have been pardoned.
Sec. 4. No person who is the holder of any pub
lie moneys shall be eligible to any otlico ill this
State, until the same is accounted for and paid into
the Treasury.
Sec. 5. No person who after llie adoption of this
Constitution, being a resident of this State, shall
engage ill 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 oliice hr this
State, and every such person shall also be subject
tosncli punishment as the law may prescribe.
See. 6. Tho General Assembly may provide,
from time to time, for tho registration of all
electors, but the following classes of persons
shall not bo permitted to register, vote, or hold
ofliec : First—Those who shall have been con
victed of treason, embezzlement of public funds,
malieasanco in office, crimo punishable by law
with imprisonment in the Penitentiary, or
bribery. Second—ldiots or insane persons.
See. 7. Electors shall, in all cases, except
treason, felony, or breach ot the peace, be privi
leged fiorn arrest for five days before an election,
during the oleciion, and two days subsequent
thereto.
Sec. 8. Tho sale of intoxicating liquors on
days of election is prohibited.
Sec. 9. Returns of election for all civil oflicors,
elected by the people, who are to bo commis
sioned by the Governor,and also for the members
of tho General Assembly, shall be mado to tho
Secretary of State, unless otherwise provided by
law.
Sec. 10. Tho General Assembly shall enact
laws giving adequate protection to electors
before, during, and subsequent to elections.
See. 11. The election for. Governor, membors of
Congress, and of tho General Assembly, after the
year 1808, shall commence on the J uosday after
the first Monday in November, unless otherwise
provided by law.
ARTICLE III—LEGISLATIVE.
Section 1.
1. The legislative power shall be vested in a
General Assembly, which shall consist of a Sen
ate and House of Representatives, and until other
wise directed the members thereof after tlie first
election, shall he elected, ami tlie returns of tlie
election made as now prescribed by law.
2. The members of tile Senate shall be elected
for four years, except that tlie members elected at
tne 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 the House of Representa
tives shall he 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 tlie 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, aucl the members shall hold until their
successors are elected and qualified.
3. Tlie 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 iu January, or
on such other day as tlie 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
hly, after the second,under this Constitution, shall
continue longer than forty days, uuless prolonged
hv a vote of two-thirds of each branch thereof.
4. No person holding a military commission,
or other appointment or office having any emoln
meat or compensation annexed thereto, under this
State or the United States, or either of them, ex
cept Justices of tlie Peace, and officers of the
militia, uor any defaulter for public money, or for
any legal taxes required of him, shall have a seat
ill 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 tlie Senate, to any oliiceor appoint
ment having any emolument annexed tnercto,
during the time for which lie shall have been
elected.
5. Tlie seat of a member of either House shall
he vacated on bis removal from the district from
which lie was elected.
Section 11.
1. There shall be forty four Senatorial Districts
in tiiis State, composed each of three contiguous
counties, from each of which Districts one Sena
tor shall be chosen. Until otherwise arranged,
us hereinafter provided—tlie said Districts shall be
constituted, as follows ;
The First District of Chatham, Bryan and
Effingham.
The Second District of Liberty, Tatnall and
Mclntosh.
Tlie Third District of Wayne, Pierce and Ap
pling.
Tne Fourth District of Glynn, Camden and
Chariton.
The Fifth District of Coffee, Ware and Clinch.
Tlie Sixth District of Echols, Lowndes and
Berrien.
Tlie Seventh District of Brooks, Thomas, and
Colquitt.
Tho Eighth District of Decatur, Mitchell and
Miller.
Tile Ninth District of Early, Calhoun, and
Baker.
Tlie Tenth District of Dougherty, Loo and
Worth.
'ihe Eleventh District of Clay. Randolph and
Terrell.
The Twelfth District of Stewart, Webster aud
Quitman.
The Thirteenth District of Sumter, Schley and
Macon.
The Fourteenth District of Dooly, Wilcox and
Pulaski.
The Fifteenth Distiict of Montgomery, Telfair
and Irwin.
The Sixteenth District of Laurens, Johnson and
Emanuel.
Tlie Seventeenth Distiict of Bullock, Scriven
aud Burke
The Eighteenth District of Richmond, Glass
cock and Jefferson.
The Nineteenth Disti ict of Taliaferro, Warren
and Greeue.
The Twentieth Distiict of Baldwin, Hancock
and Washington.
The Twenty-First District of Twiggs, Wilkei
son and Jones.
The Twenty-Second District of Bibb, Monr-oe
and Pike.
The Twenty-Third District of Houston, Craw
ford and Taylor.
The Twenty-Fourth District of Marion, Chatta
hoochee and Muscogee.
The Twenty-Fifth Distiict of Harris, Upson
and Talbot.
The Twenty-Sixth District of Spalding, Butts
and Fayette.
The Twenty-Seventh District of Newton, Wal
ton aud Clark.
The Twenty-Eighth District of Jasper, Putnam
and Morgan.
The Twenty-Ninth District of Wilkes, Lincoln
und Columbia.
The Thirtieth District of Oglethrope, Madison
and Elbert.
Tlie Thirty-First District of Hart, Franklin and
Habersham.
Tlie Thirty-Second District of White, Lumpkin
and Dawson.
The Thirty-Third District of Hall, Banks aud
Jackson.
The Thirty Fourth District ot Gwinnett, De-
Kalb und Henry.
Tlie Thirty-Fifth District of Clayton, Fulton
and Cobb.
The Thirty-Sixth District of Merri wether,
Coweta and Campbell.
The Thirty Seventh Distiict of Troup, Heard
and Carroll.
The Thirty-Eighth District of Haralson, Polk
and Paulding.
The Thirty-Ninth District of Cherokee, Milton
and Forsyth.
Tlio Fortieth District, of Union, Towns and
Rabun.
~A* le *’orty-First District of Fannin, Gilmer and
Pickens.
Tlie Forty Second District, of Bartow, Floyd
unit Chattooga.
Tbo Forty-Third District ot Murray, Whitfield
ami Gordon J
The Forty-Fourth District of Walker, Dade and
f/utoosa.
If a now county bo established it shall be ad
ued to <i district winch it adjoius, and from which
tlio larger portion of its territory is taken. Tlie
Senatorial Districts may bo changed by tho Gene
ral Assembly, but only at tlie first session after the
publication of each census by tbo United States
Government ; and their number shall not ho in
creased.
2. Tlie Senators shall he cßUetis of the United
Stales, who have attained the uge of t weuty ftve
yeans, and who, after the first election under this
Constitution, shall 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 be
styled the President, and shall be elected vino
voce from the Senators.
4. The Semite shall have the sole power to try
lmpeachineuts. When silting for that purpose,
the members shall he on oath or affirmation, aud
shall bo presided over by one ol the Judge* of the
Supreme Court, selected for that purpose by a
t'ira voce vote of the Senate ; and no person shall
he convicted without the concurrence of two
thirds of tlie members present. Judgments in
cases of impeachment shall not extend farther
than removal from office und disqualification to
hold and enjoy uny office of honor, trust or profit
within this State, but the party convicted shall
nevertheless be liable and subject to indictment,
trial, judgment aud panishmeut 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 Hurke,
three representatives each.
To the thirty one next largest, to wit: Bartow,
Columbia, Cobb, Coweta, Clarke, Decatur,
Dougherty, Floyd, Gwinnett, Greeue, Hancock,
Harris, Jefferson, Lee, Muscogee, Monroe, Merri
wether, Morgan, Macon, Newton, Oglethorpe
Pulaski, Randolph, Sumter, Stewart, Troup,
Thomas,Talbot, Washington, Wilkesnnd Warren,
two representatives each; and
To the remaining ninety-five coiiuties, one
representative each.
2. The above apportionment may he changed
by the General Assembly after each census
by the United States Government, bat in no event
shall the aggregrate number ot Representatives
be increased.
3. The Representatives shall be citizens of the
United States, who have attained tlie age of
twenty-one years, and who, after the first election
under this Constitution, shall have been citizens
of this State for one year, aud for six months resi
dent of the counties flora which elected.
4. The presiding officer of the House of Repre
sentatives shall bo styled the Speaker of the
House of Representatives, ami shall be elected
vtra voce 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 ill tlie House of Represen
tatives, but the Senate may propose or concur in
amendments as in other bills.
Section IV.
1. Each House shall be the judge of the election
returns aud qualifications of its members, and
shall have power to punish them for disorderly
kebnvioror misconduct, by censure, line, imprison
ment or expulsion, blit no member shall be ex
pelled except by a vote of two-thirds of tlie House
from which lie 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 cither House.
3. The members ot both Houses shall be free
Horn arrest during their attendance on the Gene
ral Assembly, and in goiug to or returning there
from, except for treason, felony, larceny or breach
of the peace ; and no member shall be liable to
answer in any other place for anything spoken in
debate in either House.
4. Each House shall keep a Journal of its pro
ceedings, and publish it immediately after
its adjournment. The yeas and nays of the mem
bers on any question shall, at the’ desire of one
filth of the members present, be 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 be no other record
thereof.
5. Every bill, before it shall pass, shall be read
three times, and on three separate days, in
each House, unless in cases of actual inva
sion or insurrection. Nor shall any law or ordi
nance pass which refers to more than one subject
matter, or contains matter different from what is
expressed in the title thereof.
0. All Acts shall be signed by tlie President of
tiie Senate and the Speaker of tlie House of
Representatives; and no bill, ordinance, or
resolution, intended to have 'he effect of a law,
which shall have been rejected bv cither House,
shall be again proposed during tlie same session
under tlie same or any other title, without the
covsent of two thirds of the Ilottae by which thd
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
bet ween the two Houses oil a question of adjourn
ment, the Governor may adjourn either or both
of them.
8. The officers of tlie two Houses, other than
tlie 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 tlie number shall not lie increased,
except liy a vote of the nouse. And their pay,
as well as the pay and mileage of the members
shall lie fixed by law.
9. Whenever tlie 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 lie entered on the
journal, and all votes on confirmations or refusals
to confirm nominations to office by the Governor
shall be by yeas and nays: and the yeas and nays
shall 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
his election, and that lie has not given, or offered,
or promised, or caused to be given, or offered or
promised to any person, any money, treat or thing
of value, with intent to affect any vote, or to pre
vent any person voting at tlie election at which lie
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 tlie Constitution
of the United States, winch they shall deem neees
sary and proper for the welfare of the State.
2. The General Assembly may alter tlio boun
daries of, or lay off' and establish new counties, or
abolisli comities, attaching the territory thereof to
contiguous counties, but no new counties shall be
established except by a vote of two thirds of each
House, nor shall any county lie abolished except
by a vote of two-tlnrds of each House, aud after
the qualified voters of the county shall, at an elec
tion held for the purpose, so decide.
Section VI.
1. No money shall be drawn from the Treasury
except by appropriation made by law, aud a
regular statement and account of the receipt and
expenditure of all public moneys shall be published
from time to time, and also the laws passed by
each session of tlie General Assembly.
2. No vote, resolution, law, or ordei shall pass,
granting a donation or gratuity iu favor of any
person, except by the concurrence of two tlprds
of eacli branch of the General Assembly, nor by
any vote to a sectarian corporation or association,
3. No law or section of tne Code shall lie amen
ded or repealed by mere reference to its title, or to
the 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 tlie alteration to be made; but this clause
shall be construed as directory only to the Gene
ral Assembly.
4. No law shall be passed by which a citizen
shall be compelled, against bis 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 the corporate authorities to take
such stock, or make such contribution, or engage
in such work, after a majority of tlie qualified
voters of such town or city, voting at eleetiou,
held for tlie purpose, shall nave voted in favor of
the same, but not otherwise.
5. The General Assembly shall have no power
to grant corporate powersaud privileges to private
companies, except to Banking, Insurance, Kail
road, Canal, Navigation, Mining, Express. Lum
ber, Manufacturing and Telegraph Companies;
nor to make or change election precincts; nor to
establish bridges or ferries; nor to change tile
names of legitimate children; but it shall pre
scribe, by law, the manner in which such powers
shall be exercised by the Courts. But no charter
for any Bank shall be granted or extended, and 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 the State be granted or loaned to aid
any Company without a provision that the
whole property of the Company shall be
bound for the security of the State prior to any
other debt or lieu, except to laborers; nor to any
Company in which t here 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 Governor, as in any other
cases except in the cases of the two thirds voto
required to override the veto.
ARTICLE IV.—EXECUTIVE.
Section /.
1. The Executive power shull he vested
in a Governor, who shall hold his otlice during tho
term of four years, and until such time as a am
ccasor shall be chosen aud qualified. He shall
have a competent salary established by law,
which shall not be increased or diminished during
the period for which lie shall have been elected;
nor shall he receive, within that period, any other
emolument from tho United Stales, or either of
them, or from any foreign power
2. After tho first election, tlie Governor shall
bo elected quadrenuially, by the persons quali
fied to vote for members of the General Assembly,
on the Tuesday after the first Monday in No vein
her. until such time bo altered by law, which eiec
ftiou shall be 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
lirst shall be scaled up by the Managers, sepa
rately from other returns, and directed to tlie Presi
dent of tlie Scnute and Speaker of the House of
Representatives, and transmitted to liis Excel
lency, tho Governor, or tlie person exercising tlie
duties of Governor for the time being, who shall,
without opening the said returns, cause tlie same
to be laid before the Senate, on the day after the two
Houses shall have been organized; and they
shall be transmitted by the Senate to the House
of Representatives. The members of eacli
branch of the General Assembly shall convene
iu the Representative Hall, and the President
of 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 lie declared
duly elected Governor of this State; but if no
person have such majority, then from the two
persons having the highest number of votes,
who shall be in life, and shall not decline au
election at the time appointed for the Legisla
ture to elect, the General Assembly shall imme
diately elect a Governor viva voce; and in all
eases ot election of a Governor by the General
Assembly, a majority of votes of the members
present shall be necessary for a choice. Con
tested elections shall bo 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, and a citizen of this
State six years, aud who shall not have attained
the age ot thirty years.
4. In case of the death, resignation, or disability
of the Governor, the President of the Senate shall
exercise the executive powers of the Government
until such disability be removed, or a successor is
elected and qualified. And in case of the death,
resignation, or disability of the President of the
Senate, the Speaker of the House of Representa
tives shall exercise the executive powers of the
Government until tlie removal of tlie disability or
the election and qualification of a Governor. The
General Assembly shall have power to provide by
law for filling miexpired terms by a special elec
tion.
5. The Governor shaft, before he enters on the
duties of his office, take ho following oath or
affirmation : ‘‘l 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 tlie Constitution thereof, and tlie Con
stitution of the United States of America.”
Section 11.
1. The Governor shall be Commander-in
Chief of tho Army and Navy of this State, and
of the Militia thereof.
2. Ho shall have power to grant reprieves and
pardon, to commuto penalties, and to remit any
part of a sentence 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 llouso
of Representatives, and shall have power to
convoke the General Assembly on extraordinary
occasions: and shall give them, from time to
time, information of the state of tho Common
wealth, and recommend to their consideration
such measures as ho may deem necessary and
expedient.
4. When any office shail become vacant by
death, resignation, or otherwise, tho Govern o
shall have power to fill such vacancy, unless
otherwise provided by law; and persons so
appointed shall continue in office until a succes
sor is appointed agrecbly to tho mode pointed
out by this Constitution, or by law in pursuance
thereof.
5. A person onco rejected by the Senate shall
not ho reappointed by tho Governor to the same
office during the samo session, or tho recess
thereafter.
6. The Governor shall have the revision of all
hills passed by botli Houses before the same shall
become laws, hut two thirds of each House may
pass a law notwithstanding Lis dissent, and if any
hill should not be returned by the Governor with
in five days (Sundays exceptedi after it lias been
presented to him, the same shall he a law, unless
the General Assembly, by their adjournment, shall
prevent its return. He may approve any appro
priation, and disapprove any other appropriation
111 the same bill, and tile latter shall not be effectual
unless passed by two-thirds of eacli House.
7. Every vote, resolution, or order, to which tlie
concurrence of both Houses may be necessary, ex
cept on a question of election or adjournment,
shall be presented to tlie Governor, and before it
shall take effect be approved by him. or, being dis
approved, shall be repassed by two thirds of each
House, according to the rules and limitations pre
scribed in ease of a bill.
8. There shall be a Secretary ot Slate, a
Comptroller General, a Treasurer, aud Sur
veyor General elected by the General Assembly,
and they shall hold their offices for the like
period as the Governor, and shall have a com
petent salary, which shall not be increased or
diminished during 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 ho 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 be affixed to any instrument of
writing but by order of tlie Governor or Gene
ral Assembly ; and that now in use shall be the
Great Seal of the State until otherwise pro
vided by law.
10. The Governor shall have power to ap
point his own Secretaries, not exceeding two
iu number, unless more shall be authorized by
tho General Assembly.
ARTICLE V.—JUDICIARY.
Section I.
1. Tlie Judicial powers of this State shall be
vested in a Supreme Court, Superior Courts,
Courts of Ordinary, Justices of the Peace,
commissioned Notaries Public, and such other
courts as have beeu 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 the Judges are
disqualified from deciding any case, by interest
or otherwise, the Governor shall designate
certain Judges of the Superior Courts to sit in
their stead. At the first appointment of
Judges of the Supreme Court under this Con
stitution, otic shall bo appointed for four years
one for eight years, aud one for twelve years;
but all subsequent appointments, except to till
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 aud 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 iu eacli
year as shall be prescribed by law, for tlie trial
aud 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 be taken up by the Court shall lie
fixed by law.
3. Tlie Supreme Court shall dispose of every
case at the first or second term after such writ of
error is brought; aud in case tho 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 tlie docket, and the judg
ment befcw shall stand affirmed. In any case, the
Court may, in its discretion, withhold its judg
ment until tlie next term after the same is argued.
4. When only two Judges sit in any case, and
they disagree, the judgment below shall stand
affirmed.
Section 111.
1. There shall he a Judge of the Superior Courts
for each Judicial Circuit. He may act in 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 he) shall
be appointed for four years, and tlie other half for
eight years; but all subsequent appointments, ex
cept to till nnexpired 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 ; in cases respect
ing titles to laud, 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 iu all oilier civil cases ex
cept as hereinafter provided. They shall have ap
pellate jurisdiction m 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 ar
liorari. which shull only issue on the sanction of
the Judge : and to issue writs of mandamus, pro
hibitiou, scire facias, and all other writs that may
he necessary for carrying their powers lolly into
effect, and shall have such other powers as shall
be conferred on them by law.
3. There shall bo no appeal from one jury in
tho Superior Courts to another; but the Court may
grant now trials on logal grounds. The Courts
shall rondor judgment without tho verdict of a
jury, in all civil cases founded on contract,
where an issuable defence is not tiled on oath.
4. Tbo iSuporior Courts shall sit in each
county not less than twico in each year, at such
times as have been, or may be appointed by law.
Section / V.
1. Until the General Assembly shall otherwise
direct, there shall be a District Judge and a
District Attorney for each Senatorial District in
this State.
2. Tho District Judgo shall havo jurisdiction
to hear and determine all offenses not punishable
with death or imprisonment in tho Penitentiary;
anil it shall be the duty of the District Attorney
to represent the Stato in all cases before the
District Judgo.
3. Tlie District Judgi- shall sit at stated limes—
not less than once in each month—in each county
in biß District, for the trial of offenses,and ut sneb
other times as Ihe General Assembly may direct.
4. Olfeiieeß shall he tried before tlie District
Judge oil a written accusation, founded oil
affidavit, said accusation shall plainly set forth the
offense charged, and shall contain tlie name of the
accuser and be signed by the District Attorney.
f>. There shall be no jury trial before tbo District
Judge except when demanded by the accused, in
which case tlie jury shall consist of seven.
0. Such civil jurisdiction may be conferred on
tlie District Judges as the General Assembly may
direct
7. The District Judges and Attorneys shall hold
their offices for a period of four years, aud shall
receive so- their services such stated compensation
in their respective Districts as may lie provided by
law; but; in no event shall their compensation lie
in anywise dependent on lilies, forfeitures or
costs.
Section V.
x. The powers of a Court of Ordinary aud of
Probate shall be vested in ail Ordinary for each
county, from whose decision there may be an
appeal to the Superior Court, under regulations
prescribed by law.
2. The Court of Ordinary shall have such
powers in relation to roads, bridges, ferries,
public buildings, paupers, county officers,
county funds, and taxes and other matters, as
shall lie conferred on them by law.
3. The Ordinary shall hold his office for the
term of four years and until his successor is
elected aud qualified.
Section VI.
1. There shall ho in eacli district one Justice
of the Peace, whose official term, except when
elected to fill an unexpired term, shall be four
years.
2. The Justices of tlie Peace shall have juris
diction, except as hereinafter provided, in all
civil cases where the principal sum claimed
docs 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 lie an appeal to the
Superior Court, under such regulations as may
be prescribed by law.
3. There shall be no appeal to a jury from the
decision of a Justice of the Peace, except as
provided in the foregoing paragraph.
4. Notaries Public may be appointed and
commissioned by tlie Governor, not to exceed
one for each Militia District, for a term of
four years, and shall be ex-officio Justices of the
Peace.
Section VII.
1. There shall be an Attorney General of tlie
State, whose official term, except when appointed
to till au uiiexpired term, shall be four years.
2. It shall be the duty of the Attorney General
to act as the legal adviser of the Executive
Department; to represent the State in all civil
and criminal cases m the Supreme and Superior
Courts, when required by the Governor; and to
perform such other services as shall be required
of him by law.
Section I ’lll.
1. There shall be a Solicitor General for each
Judicial Circuit, whose official tc-rm, except when
appointed to fill an miexpired term, shall be four
years.
2. It shall be the duty of the Solicitor General
to represent the State in all cases ill the Superior
Court of his Circuit, and in all cases taken up
from bis Circuit to the Supreme Court, and to
perform such other services as shall be required ot'
him by law.
Section IX
1. The Judges of the Supreme and the Supe
rior Courts, the Attorney General, Solicitors
General, and the District Judges and Attorneys,
shall be appoiuted by tho Governor, with the
advice and consent of the Senate, and shall be
removable by the Governor cn tho address of
two-thirds of each branch ot the General Assem
bly, or by impeachment and conviction thereon.
2. The Justices of the Peace shall be.elected by
the legal voters in their respective districts, and
shall be commissioned by the Governor. They
shall be removable on conviction fir malpractice
in office.
Section X.
1. The Judges of the Supremo aud Superior
Courts aud the Attorney and Solicitors General
shall have, out of tlie State Treasury, adequate
and honorable salaries, ou 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 of 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.
2. The General Assembly shall provide for the
equitable apportionment of the compensation
of the District Judges and Attorneys between
the Counties composing their Districts, and
shall require the moneys arising from tines aud
forfeitures in the District Courts to be paid
into the Treasuries thereof.
3. No person shall be Judge ot the Supreme
or Superior Courts, or Attorney General, unless
at the time of his appointment he shall have
attained the age of thirty years, and shall have
been a citizen of this 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 reuijering the final
verdict shall determine the rights and disabilities
of tho parties, subject to the revision of tho court.
Section XII.
1. Divorce cases shall bo tried in the county
whore the defendant resides, if a resident of this
State.
2. Criminal cases shall be tried iu the county
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 bo tried
in the county where the land lies, except where a
single tract is divided by a county line, in which
caso the Superior Court of either county shall
have jurisdiction.
4. Equity cases shall be tried in the county
where a def ncbiut 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.
0. Suits against the maker aud indorser oi
promissory notes, or other like instruments, re
6idingju different counties, shall lie tried in
tlie county where the 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 iu this Constitution, shall
remain inviolate.
2. The General Assembly shall provide by law
lor the selection of upright and intelligent per
sons to servo as jurors. There shall be no
distinction between the classes of persons who
compose grand and petit juries. Jurors shall
rceoivc adequate compensation for their services,
to be prescribed by law.
Section XI U.
1. The Courts heretofore existing in this State,
styled Inferior Courts, aro abolished; and their
unfinished business, and the duties of the Jus
tices thereof, aro transferred to such tribunals as
the General Assembly may designate.
Section XV.
1. Tho General Assembly shall have power to
provide for the creation of county commissioners
in such counties as nay require them, and to
define their duties.
Section XVI.
1. All Courts not specially mentioned by
name, in the first section of this article, may
be abolished in any county at the discretion of
the General Assembly, and the County Courts
now existing in Georgia aro hereby abolished.
Section X i'll.
1 No court, in this State shail have jurisdiction
to try or determine any suit against any resident
of this State, upon any contract or agreement. made
or implied, or upon any contract made in renewal
ol' any debt existing prior to the first day of June,
1865. Nor shall any court <jr ministerial ollicer of
this State have authority to enforce any judgment,
execution or decree, rendered or issued upon any
contract or agreement, made or implied, or when
any contract in rene oral of a debt, existing prior to
the first day of June, 1865,except in the following
cases:
1. In suits against trustees where the property
is m the hands of the trustee, or has been invest
ed by him in other specific effects now in his hands,
and in suits by the vendor of real estate against
the vendee, where not more limn one third of tho
purchase money has been paid, and the vendee is
m possession ol tlio land or specific effects for
winch he has sold it, and lie refuses to deliver the
land or said effects to the vendor. In such cases
tlie Courts anil officers may entertain jurisdiction
and enforce judgments against said trust property
or land or effects.
2. In salts for the benefit of minors by trustees
appoiuted before the first day of June. 1860.
3. In suits against corporations in their corporate
capacity, but not so as to enforce tlie debt against
the stockholders or officers thereof in 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 stich
institutions.
5. In suits on debts due for mechanical or
manual labor, when the suit is by the mechanic
or laborer.
G. In cases when the debt is set up by way of
defense and the debt set up exceeds any debt
due by defendant to plaintiff of which the
Courts are denied jurisdiction.
7. In 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,
or tlie hire thereof.
It. All contracts made aud not executed
during the iate rebellion, with the intention
and for thq purpose of aiding and encouraging
said rebellion, or where it was tlie purpose and
intention of any one of the parties to such con
tract to aid or encourage such rebellion, and
that fact w as known to tiie ether party, whether
said contrac t was made by any person or corpo
ration w ith the State or Confederate States, or
by a corporation with a natural person, or
between two or more na'.ural 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 tlie consideration there
for, or iu furtherance thereof, are hereby de
clared null and void, and shall lie so held "in all
Courts iu this State, when attempt shall lie made
to enforce any such contract, or give validity to
any such obligation or evidence of debt. And in
ail cases when tlie defendant or any one interested
in the event of tiie suit, will make a plea, supported
by his or her affidavit, that he or she has reason
to believe that tiie obligation or evidence of in
debtedness upon which tlie suit is predi
cated, or some part thereof, lias beeu given or
used for the illegal purpose aforesaid, the burden
of proof shall be upon the plaintiff' to satisfy the
court and jury that tlie 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
witli any such illegal contract, and has not been
used in aid of the rebellion; and the date of such
bond, deed, note, bill, or other evidence of indebt
edness, shall not be evidence that it lias or lias not,
since ils date, beeu issued, transferred, or used, ill
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, 186-'. iu the hands of any one iu
his orvu right, or trustee, agent, or attorney of
another, on or after the first day cf January,
iSGS, a tax of uot exceeding twenty live per
cent., to be paid by the creditor on pain of tire
forfeiture of tlio debt, but chargeable by him, as
to one half thereof, against the debtor, and col
lected with tho debt: ProrOlcd, That this tax
shall not be collected if the debt or cause of ac
tion be abandoned or settled without legal pro
cess, or ii in judgment, be settled without levy
and sale ; and provided further, this tax shall
not be levied so long as the Courts of this State
shall not have jurisdiction of such debts or
causes of action.
ARTICLE VI—EDUCATION.
1. The General Assembly, at its first, session
after the adoption of this Constitution, shall pro
vide a thorough system of General Education, to
be forever free to all children of tlie State, the
expense of which shall be provided for by t ixa
tiou, or otherwise.
2. The oliice of State School Commissioner is
hereby created. He shall bo appointed bv the
Governor with the consent of ihe Senate, and
shall hold his office for tiie same term as tlie Gov
ernor. The General Assembly shall provide for
tiie said Commissioner a competent salary and
necessary clerks. He shall keep his office "at tiie
Seat of Government.
3. The Poll tax allowed by this Constitution,
any Educational fuud now belonging to this
State—except the endowment of aud debt due
to tlie State University—or that may hereafter
be obtained in any way, a special tax on Shows
and Exhibitions, and on the sale of spirituou
and malt liquors—which tlie General Assembly
is hereby authorized to assess—and the pro
ceeds from the commutation for militia service
are hereby set apart aud devoted to tlie support
of Common Schools. And if the provisions
herein made shall, at any time, prove insuffi
cient, tiie General Assembly shall hare
power to levy such general tax upon the property
of tiie State as may be necessary for the sup
port of said School System. And there shall be
established, soon as practicable, o-.o or more
Common Schools in each School District in this
State.
ARTICLE VJ I—HOMESTEAD AND KXEMP-
TION.
I. Each head of a family, or guardian or trus
tee of a family of minor children, shall bocn
titlad to a homestead of realty to tho value of
§2,000 in specie, and personal property to tho
value of §I,OOO in specie, both to be valued at
the time they are set apart, and no court or
ministerial offieer 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
mentsas maybe 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
he tlie duty of the General Assembly, as early
as practicable, to provide by law for the setting
apart and valuation of said property, and to
enact laws for the full and complete protection
and security of the same to the sole use and
benefit of said families as aforesaid.
2. All property of the wife, in her possession
at the time of her marriage, and all property
given to, inherited, or acquired by her, shall
remain her separate property, and not bo liable
for tlie debts of her husband.
ARTICLE VIII—MILITIA.
J. The Militia shall consist of nl! able bodied
male persons between the ages of eighteen and
forty five years, except such us may be exempted
by tlie laws of the United States or this State; and
shall be organized, officered, armed, equipped and
trained in such manner as may be provided by
law ; subject to tlie paramount authority of'JCJoii
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 by
law.
: >. No person conscientiously opposed to hearing
arms shall he compelled to d’o militia duty, bat
such persons shall pay an equivalent for exemp
tion ; the amount to bo prescribed by law and ap
propriated to the Common School Fund.
ARTICLE IX—COUNTY OFFICERS.
1. The county officers recoghized 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 tho
qualified voters of their respective counties or
J list nets, 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 of the ratification of this Consti
tution, shall bo in the City of Atlanta, and the
General Assembly shall provide for the erection of
a now Caiiitol, aitd 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 tho Supreme Law: The Constitution of
the United States, the laws of the United States
in pursuance thereof, and all treaties made
under the authority ol the United States.
2. As next in authority thereto: this Consti
tution.
:>. In subordination to the foregoing: All Acts
passed by any legislative body, sitting in this
State as'such, since the l'dth day of January,
1861, including that body of laws known as tlie
Code of Georgia, and the acts anicudatorf
thereof, or passed since that time, which said
Code and acts arc embodied in tho printed book
known as ‘‘lrwin’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
iu this State on the Illth 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 :is may be iu
eonsistent with the supreme law herein recog
nized, or may have been passed In aid of the
late rebellion against the United States, or may
be obsolete, or may refer to persons held iu
slavery, which excepted laws are Inoperative
and void; and any future General Assembly
shall be competent to alter or repeal (if no't
hercin prohibited) anv north.,, ,
flared to be of force in this it -°i ttie
oifa clause of this Article
said laws herein declared A ? d ls ‘a n, '
“Confederate” occurs Wo /ff*.
such law is hereby amended iV , Wor d '
word “United” for the word
4. Local and private acts'^r
benefit of counties, cities, *» ;
and private persons, not ineonfi,?
Supreme Law, nor with this fy?i st s nt *uh-o
winch have not expired nor be&?^* tltut *° c - •
have the force of Statute j ' "’Pealed 8
cial decision as to their validfuf* v “ jit
and many , Imitation, im^‘%^
5. All right*, privileges in 1 •
which may have vested Iu r r ,rn *nuait
person or persons, or corporation"• v
their own right, or in any fiS bl
under any act of anv legislative I 7 <a i-a
this State as such, or
or order of any Court, sittin "tf
under the aws then of force’ aL
therein, and recognized by
Court of competent, jurisdiction * r
day of January, lSbl^an
all the Courts of this State, un fc£ '
fraud, or unless otherwise declaS
or according to this Constitution Ta!ii b
0. The records, dockets, books "
proceedings of any Court or offirs? 1
tins State by the laws thereof on
January 18C1, or purporting t o °x k
laws, and recognized and gcmemlh! ‘1 aij
the people as such, since the s?ft «■W *
before, the several Courts and nut
vided for by this Constitution q ia ,^ cers pm.
into actual operation shall he
to the several Courts and offices
name or functions by this Const! „!• ait i
vided for, and shall have fnreea£du Uos ;:r ,
perfected and performed therein
as follows, and not otherwise to -V't ;
Final judgments, decrees’
acts fully executed and
quiring performance or execution .1 X 0
full force and effect as tliou'-h noVt» u ~-
had taken place in the legaf sueceST ’ 5
courts and offices, c;.e,: • . , ( .
provided. Proceedings not find
ments and decrees not fully editedin
formed, shall proceed and be performed?.
cases, and such cases only, as this (Wn :
or the laws made in pursuance tle“o
jurisdiction and authority over the “ 1 ' J
actions on which said cases, judgments *
or proceedings, civil or criminal, are W?
Provided, that a said judgments, deSti
proceedings shall be subject tohescS
reversed, or vacated, by proceedings inV
several courts having custody of the
though they were the judgments of add cAA
and shall be subject always to b e e S*
to the meaning of tlie word dollar or dolls? "
used in the same, and no motion for a new?"'
bill of review, or other proceedin'* to V-A
any judgment, order or decree, ma'de sin ?
19th of January, 1801, by any of said conmt
fraud, illegality, or error of law, shall be d-' l '
by reason of the same not having been
m time: Provided, said motion or appli-vV
is made in twelve months from the adontinn!*
this Constitution. * c ••
t I' The books, papers and proceeding of tb
Inferior Courts shall be transferred so
main in, the control of tiie Ordinaries
shall perform the duties of said CouiW
otherwise provided by law. The books Dam-'
and proceedings of the County Courts Mi'
unfinished business thereof, shall be tans
ferred to the Superior Courts and the ui
shall be finished and performed bv their
Superior Courts and the officers thereof, in
such cases, and iu such cases only, as thejj?
Courts are, by this Constitution or the 1v"
made in pursuance thereof, granted jurisdictiot
over the subject-matter or debts on wMchai
cases aucl judgments, civil or criminal -
founded.
8. The cases pending and tiie judgments W E j
made in tiie City Courts of Savannah and An
gusto, and in tlio various Justices’Courts it‘ij
btate, shail be finished, and the judgmenu re
formed by the City Courts, and officers and jur
tices, provided by this Conetitutioii, in suchcase
and «nch only-, as by this Constitution jurafera
is given to said Courts and officers, over v
causes of action on which tlic-v are founded.
9. The judgments and proceedings of Cot*
aud acts of officers within their jurisdiction,a;
provided by law, shall be valid, notwithstand
ing the Judges of said Courts or the said officers
were appointed by the military authoritieso!
the United States, and any of said judgments,
or acts, or proceedings made or done, under#:
by virtue of, or in accordance with the orders
of said military authorities, dulv made, are #
valid as if done under a law of this State.
10. These several acts of confirmation slnilnu
be construed to divest any vested right, uorto
make any act criminal, otherwise not trim,
hut they shall be construed assets of peace,
prevent injustice : Provided. That nothingmart
Constitution shall be so com-truedastorcakevaf:
any acts done by, or before, any such #' situ
officer, which would, by legalizing such acts.rev.
derqliat criminal which was not criminal when
done, or cause any act not legally criminal when
done to become criminal by giving validity'
such act after it was done ; but all such acts ska#
be held by the Courts to be null and volt!.
11. Should this Constitution be ratified lyit
people, and Congress accept tlie same with*•;
qualifications or conditions, the Government lira
in provided for. and tlie officers elected.
nevertheless exist and continue iu the exercise ri
their several functions, as the Government of tls
Slate, so far as the same may be consistent with
the action of the United States in the premise;.
12. The ordinances of this Convention «tie
subject of the first election, and the first General.t
sembly, shall .have the force of Jaws, until 4?
expire by their own limitation, and all other O'!
nances of a mere Legislative character, shall to
the force of laws, until othciwise provided la"
General Assembly.
ARTICLE XII.—AMENDMENTS TO THE
CONSTITUTION.
1. This Constitution may be amended I'f l
two thirds vote of two successive Legislatnrti
and by a submission of tlie amendment *•
qualified voters for final ratification. But ts
General Assembly shall not call a Convention
of the people in the election of delegates t»
which any person, qualified to vote by tin*
Constitution shall be disqualified. And ti«
representation in said Convention si»" “■
based on population. Nor shall the right ol
suffrage ever be taken from any person* 1 '’
lied by this Constitution to vote.
J. K. PARROTT.
Pres. Ga. Con. ConTto.
Attest; P. M. Siieiulm, See.,
Gc.o. Con. Conveu-
Atlanta, Ga., Match lib*-
1 In n b\ certify that tin lerog'dngis-b
copy of the Constitution, ordain
Georgia Constitutional (mu-nth » '
ted, as a whole, by that bode, on tin 1J, 1 ];
of March 1808. P. M. SHEIBIJ-)
Secretary of thcCotw-jjjj^
Notice to Passengers*
up HE NEW SCHEDULE TO NW 10lili ’
1 and ail points Xbrtli and East by tM
Great Atlantic Seaboard Route.
is now complete ar.d in operation. N° 1
interruption. At Weldon, passenger
choice of three routes, viz.:
17a ANNAMESSIO LINE.
1 TV, RICHMOND and WASHINGTON' 1111
Via. OLD BAY LINE.
THIS IS TOR
PLEASANTEST, SAFEST, CHEAPEN
rill it
and QUICKE-T
'I’O TJtlli N Oli T 11 !
P. H. RANGOON.
General Southern R
ISAAC LEVY,
apt—ts Agent at August*^,
MATERIA MUSICA,
MATERIALS FOR THE
\ CLASS BOOK, CONTAINER F([ll
Principles > ( Music applied to * flo je
Playing adapted for private tuitionf*
especially arranged for the use oj ic0 t
young ladies' normal schools, am ‘’
uarics of learning. By J. *'• huge -, o qpest-
Just published. Price, 7a cents--®-
r»id. t fib
OLIVER DITsON *
Publishers, 2T7 Washington s*-
U. 11. DITSON AIV- yitj
a, 1 1 If ;£ 1 Broad way; _N£_-
To Rent, jSI
\ HANDSOMELY
iV Commodious DWELLING H A.
136 Broad street. , TiiinrO rel,l(,lti
The llouso has all the Modern ,«;?'•
To a suitable tenant it will I® rented
ablo terms. Apply to Trud#'
mar3 —ts EPHRAIM IbLU'M