Newspaper Page Text
VOLUME XLII.
1>. M. OK ME & SON.
editors and proprietors
STEPHEN F. MILLER,
associate editor.
,-r The Ukcorder i.s published weekly, at the
, of Two Dollars per annum, when paid
Jrnnre— if uot in advance, Two Dollars anii
(jkxts—and if not within the year, Three
jmi i '■!> per annum. No subscriptions received for
,than six months—to be paid always in advance,
j.,.n,:nances by mail in rraiste.rrd letters at our risk.
Subscribers wishing the direction of tln-ir paper
flriiced. "ill notify us from what office it is to be
transferred. _ .
\m kh i'IsKMKN'TS conspicuously inserted at .$] 00
, r square for the first insertion, and 50 cents per
*,.uari‘ for each subsequent insertion. Those sent
Without a specification of the number of insertions,
w iU !«; published until ordered out, and charged ac
cordingly-
s.ilfs of Land and Negroes, by Administrators, Ex-
ei-utors. or Guardians, are required by law to be held
on the lb s * I’ucsday in the month, between the hours
often in the forenoon, and three in the afternoon, at
(|,k (.'unit house, ill the county in which the proper-
tv |, situate. Notices ot these sales must be given
jjiii public gazette FORTY hays previous to the dav
of sale.
y.itices for the sale of personal property must be
ojvi'ti at least TLX hays previous to the day of sale.
r Satire to Debtors and Creditors of an Estate must
be published forty hays.
Yiitiee that application will be made to the Court
of Ordinary for leave to sell .Land or Negroes, must
be published for two months.
Cirvrinxs for Letters of Administration must be
published thirty days—for Dismission from Admin
istration, monthly six months—for Dismission from
(guardianship, forty days.
jji i.ls for Foreclosure of Mortgage must be pub-
]p.| lC ,l monthly for four months—for establishing lost
papers, for the full space of three months—for eonipel-
; ai ,titles from Executors and Administrators, where
a bend has been given by the deceased, the full
<lian of three months.
Publications will always be continued according
tl , these, the legal requirements, unless otherwise
ordered.
All business in tin? line of Printing, will meet
with prompt attention at the Recorder Office.
COIRT CALENDAR FOR 1861,
itr.visEn ity tiif. southern recorder.
SUPERIOR COURTS.
JA
N
(WHY.
JULY
2,1 Month
V
C imt liam
1st Mondav. Floyd*
4lit Month
Kiclmioucl
4th Monday, Lumpkin*
Lumpkin
AUGUST.
*Floyd
0d Monday, Campbell
FE
i;
Cl'ARY. .
Clark
.vi,...a
\
.Clark
Dawson
2,1 Month
V
Campbell
Id Monday, Forsyth
Dawson
tPolk
3.1 Mon la
V
Forsyth
Glascock
tl*.dk
Meriweiher
(Mascor.k
Walton
Meriwether
Ith Monday.Baldwin
Walton
Jarkson
4th Mon.l
V
Baldwin
M on roe
J acksoti
Paulding
Moinoe
Talialeuro
l’aulding
Walker
Taliaferro
Thursday after,Pierre
Walker
,\
A
KCH.
SEPTEMBER.
lstTlmr-o
, Bierce
1st Monday, Appling
1,1 Mon,It
V
Appling
Chattooga
Chattooga
Cherokee
Cherokee
Columbia
Coweta
Coweta
Columbia
Ctawlord
Crawford
Madison
Gwinnett
Marion
Mmiison
Morgan
M arion
-id Monday,Butts
Morgan
Cass
2,1 Mm,la
Butts
Coffee
Cass
Elbert
Coffee
Fayette
Elbert
Greene
Fayette
G winuett
Greene
Pickens
J’i.kens
Washington
Washington
Webster
Webster
lid Monday, Cobb
Thursday
}’
’r.Momgomery
Calhoun
Jj Moil,fa
V,
Cobb
Hall
Calhoun
Hart
Hall
Heard
Hart
Macon
Heard
Newton.
Macon
Putnatn
Newton
Talbot
P utnam
Ware
Talbot
Bulloch,
Tattnall
4th Monday,Clinch
Ware
||Chatalioochee
VnJftv ftfi
*r
,Bulloch
Emanuel
lilt Mol,da
v
Clinch
Lee
|Cliattahoocliee
Twiggs
Emanuel
White
I.ee
Wilkes
Twiggs
a
>*
c
White
the 4th V Echols
Wilkes
Monday )
Monday
let 4li, M„
f-
^ Echols
OCTOBER.
day.
( EllinghaiM
Ist&2d Mon.Carroll
\
’ U1L.
1st Monday Dooly
1st Jc 2.1 M,
n. Carroll
Early
1,1 Molldll
y
Dooly
Fulton
Early
Fulton
Gilmer
Gordon
Cordon
Taylor
Pike
W arren
Wilkinson
Taylor
Pike
Warren
Wednesday alter. Rabun
Wilkinson
•id Monday, Fannin
'-•i M„nda
V
Habersham
Habersham
Hancock
Hancock
Harris
Harris
Laurens
Laurens
Miller
Miller
Scriven
Scriven
Sumter
B n inter
Taos,lava
fi
er. McIntosh
3d Monday, Franklin
3d Monda
V
F ranklin
Gl\ mi
Glyn n
Haralson
Ha ra 1 so n
Henry
Henry
Jefferson
Jefferson
J ones
J ones
Murray
Liberty
Ogletlnrpe
Murray
Pulaski
< )"lethnrpe
Stewart
Pulaski
L n ion
Stewart
Worth
M by
Worth
Thursday > Montgomery
ali»f r.
'Bryan
alter S
hit M,in,!
’,\Vayne
4th Monday .Banks
Banks
Wayne
Dream r
Decatur
DcKalb
DeKalb
Houston
Houston
Jasper
J asper
Lincoln
Lincoln
Schley
Sch'ey
Whitfield
Tattnall
Wilcox
Towns
Uiday af
e
. Tellair
Whitfield
Camden
Wilcox
Thursday
n
ter, 1 rwin
Friday after Teliair
Monday
Berrien
Camden
Charlton
Thitrs,lav after, Irwin
Mondr
MAY.
Monday after Charlton
V
Claytin
Gilmer
NOVEMBER.
Randolph
1st Monday, Berrien
Upson
Clayton
Monda
Burke
Effingham
Catoosa
Milton
Chatham
Randolph
Fannin
Upson
Mitchell
•2,1 Monday,Burke
M asendee
Catoosa
‘ i, ‘ Mond;
y
Bibb
Mitchell
Quitman
M uscogee
Spalding
3d Monday, Bibb
T roup
Quitman
Union
Spalding
hi, Mnnd
B a k e r
Troup
y
, l)ade
Baker
Terrell
4th Monday, Dade
Towns
Terrell
GstMonr
a
v, Colquitt
^Thursday after. McIntosh
T1
TNE.
Monday after, Colquitt
K Moitd a
y
Dougherty
Lowndes
j do do Liberty
'Mon alter Liberty. Bryan
Milton
DECEMBER.
-•i Monda
V
B looks
1st Monday, DnughcrlJ
Lowndes
Johnson
•2d Monday. Brooks
Monday
Thomas
'Clay
’"i Mond
J\
, Richmond
Johnson
j4,1 Monday, Thomas
-Way hold three weeks, if necessary, at each
‘Tin.
* This change not to take effect till after the next
rp ?ular term of the Court.
•All Courts in Clay county, which, under the
'I" 1 I- 1 "', would sit between now and the tunes as
' wd bv this act, must stand over till the times fix-
e >l .as above.
!! Plie County of Chattahoochee, by act of this
jV‘ s 'i'"i, is to be added to, and become a part of the
A«talioocl»ee Judicial District, after 1st January.
Blanks for sale at this Office
MILLEDGEVILLE, GEORGIA, TUESDAY, APRIL 2, 1861.
WRIGHT A BROWN.
Opposite I lie Milledjevillc Hotel.
OFFERS FOR SALE LOW
FOR CASH
1200 Bushels of Corn.
J00 do do Oats.
7;> barrels of Refined Sugars.
50 bags of Java and Rio Coffee.
100 barrels of Family Flour.
JO,000 fh of Bacon Sides ami Sbuulders.
10,000 1b Leaf Lard.
20 hogsheads of New Crop Molasses.
100 boxes of Adamantine Candles.
100 Cases of Boots and Shoes (at Cost.)
C&OCSE&7 6L GLASS WARE.
TUBS, BUCKETS AND BROOMS.
BUTTER AND CHEESE.
No. 1 and 2 Mackerel. Pickled Shad.
TOBACCO and SUGARS.
\\ bite Lead and Oil—Camphene and B Fluid.
Hails, Trace Chains and Axes.
LIQUORS, ot all kinds, and in any quantity,
witli many other articles not innuiuerated.
Milledgeville, March 10, ISOO ]•> tf
FREE FORWARDING.
Private Bonded Warehouses and
CUSTOM HOUSE BROKERAGE.
I he undersigned has, with Messrs. Brigham,
Baldwin A Co., Messrs. Wilder A: Gallic, and
Messrs. Hunter & Gammell, formed an Association
for the purpose of entering at the Custom House
and Storing in Bond, in accordance with the Reve
nue Laws, any goods arriving at this port which
may be intrusted to his custody.
He being the managing and active partner, lias
bonded, with the approval of the Secretary of the
Treasury, commodious Warehouses, where all
Merchandize coming to this port can be stored,
every attention paid to its preservation, and for its
prompt delivery when entry has been made at the
Custom House, at the lowest possible tariff charges.
Merchandize destined to the interior will be en
tered for payment of duties, or in bond, as may be
required by the Consignees. All Goods consigned
to him to be forwarded, will receive the greatest
despatch at the lowest rate or charge, and in such
manner as may be directed. If the duties are to
be paid in this port, funds must be provided for
that purpose, but if to be forwarded in bond, the
requsite bonds will be given.
Goods intrusted to care of undersigned, con
signed to points in the interior, will be forwarded
by Rail Roads or other conveyance, as directed
free of commission.
An experience of nearly twenty years in the
details of Custom House business, and a thorough
acquaintance with the Warehouse laws, in every
detail, will enable this copartnership to give the
greatest despatch consistent with the safetv of the
ievenne. CHAS. C. WALDEN,
Office in Claghorn A Cunningham's Buildings,
Head of Drayton Street.
Savannah, March 12, 1861 11 4t
ROOFING. ROOFING, ROOFING.
SLATING-.
W. E. ELLIOTT,
PRACTICAL SLATER
A!VD DEALER LV
» •
Best American and Welsh
SLATES.
PATENT COPPER LIGHTENING ROD.
W E. E. lias effected and procured ^he
• sole asreney for the sale and putting up
of AMOS LYONS CODDED LIGHTNING
HODS in Savannah, Chatham county, and other
places where he may be patronized, and will al
ways be ready to execute all orders with despatch.
W. E. E., having established his business of
Slating in this eity, with an experience of twenty-
live years in all its branches, hopes to merit public
patronage by bis work, which shall give every satis
faction to his patrons.
N. B.—Old Slate Roofs repaired, and stripped off
if required, and relaid—warranted tight.
W. E. E., is also agent for Wood A. Perot’s
Iron Railing and Ornamental Iron Works. Plans
and designs of all,with prices can be seen at his ofiice,
over Morning News office, Bay sti eet,Savannah, Ga.
A specimen of our Work may be seen on the De
pot building in Milledgeville and over the Maga
zine East of the State House.
Reference—G. W. Adams, Superintendent C. R.
R. Savannah.
October :?<», 18*50 44 tf
PROSPECT'US
OF THE TWEFTH VOLUME
OF THE WEEKLY
GEORGIA CITIZEN,
COMMENCING ON THE FIFTH DAY
OF AF11IL, 1SG1.
The I2fb Volume of the WEEKLY CITIZEN
will be much improved in its arrangement and
style, and will embrace three special Departments,
not hitherto receiving much attention—viz : Istly, a
Mechanical Df.i’akt.mf.n, devoted to the ad
vancement of the interests of the Mechanic and
Artificer; 2dly, a Department of Health, in which
the subject of Hyoicni will receive careful consid
eration; and 3dly, a Department of Agriculture
and Domestic Economy, wherein will be found
much interesting and useful matter pertaining
to the plantation and household. The usual varie
ty of chaste and pleasing Miscellany will also find
place n our columns, beside a summary ot the
latest political and commercial intelligence and cur
rent news of the dav, in au attractive form.
TERMS:
One copy per annum iu advance §2 DO
Three copies to a Club “ 5 0(1
Five “ “ “ c* <«>
“ “ 1U 00
Ten.
Address L. F. \\ .
March 26th, !-('>!.
ANDREWS,
Macon, Ga.
IS tf
’HE COLUMBUS ENQUIRER.
DAILY AND WEEKLY.
Thomas Ragland. Proprietor.
laving just procured an entire new outfit of
idsome type for both editions, we think this an
iropriate time for extending their visiting sphere,
eciallv as the great and stirring events ot the
■ are awakening increased desire among the
pie to obtain and read the news at tin 1 earliest
cticable moment. We offer them the Enquirer
i medium inferior to none in its prompt and
liful dissemination of news throughout this re-
u of Georgia and Alabama, and request our
nds to aid us in presenting the claims of our
er to those unacquainted with its character and
ldmg ' OUR DAIRY
a handsome sheet of 24 columns, containing
ry day the latest Political, Commercial and Gcn-
l News, including the very latest Telegraphic
latches from all quarters.
THE WEEKLY
jtaiu6 .12 columns; giving all the news of the
?k, embracing full and carefully prepared Com-
rcial Reports, a variety of Miscellaneous read-
arid a large share of the Official and Business
vertising of this and neighboring counties.
ADVANCE TERMS:
)ail v Paper, one year $5 00
Veekly Paper, one year 2 50
n connection with the Newspaper we have a
uplete and well furnished
JOB PRINTING OFFICE
—AND—
book bikbbby.
;h furnished with the newest and most fashiona-
matcrial, and conducted by experienced and
liful workmen. Iu these departments there is
office in this region better prepared to turn out
k1 work. ’
larch 5, 1861 J0 lf -
THE
CONS T I T U T1 O N
OF
THE STATE OF GEORGIA.
ARTICLE I.
Declaration oe Fundamental Principles.
1. The Fundamental principles of Free.
GoAeriinient cannot be too well understood,
nor too often recurred to.
2. God lias ordained that men shall live
under government; but as the forms and ad
ministration of ciril government are in hu
man, and therefore, fallible hands,they may
be altered, or modified, whenever the safe
ty or happiness of the governed require it.
No government should he changed for light
or transient causes; nor unless upon rea
sonable assurranee that a better will be es
tablished.
‘3. Protection to person and property is
the duty of Government; and a Govern
ment which knowingly and persistently
denies, or withholds from the governed
such protection, when within its power, re
leases them from' the obligation of obe
dience.
4. No citizen shall be deprived of life,
liberty or property, except by dutjprocess of
law ; and of life or liberty only by the
the judgment of his peers.
0. The writ ot "Habeas Corpus" shall
not be suspended, unless in case of rebel
lion or invasion, the public safety may re
quire it.
G. The right of the peoplo to keep and
bear arms shall not be infringed.
7. No religious test shall be required for
the tenure of any ofiice ; and no religion
shall he established by law; and no citi
zens shall be deprived of any right or privi
lege by reason of his religious belief.
8. Freedom of thought and opinion, free
dom of speech and freedom o( the press,
are inherent elements of political liberty.
But while every citizen may freely speak,
write and print, on any subject, he shall
be reponsible for the abuse of the liberty.
1). The right of the people to appeal to
the courts ; to petition Government on all
matters of legiinate cognizance; and
peaceably to assemble for the considera
tion of any matter of public concern—shall
never be impaired.
10. For every right, there should be
provided a remedy; and every citizen
ought to obtain justice without purchase,
without denial, and without delay—con
formably to the laws of the land.
11. Every person charged with an of
fence against the laws of the State shall
have the privilege and benefit of coun
sel :
Shall be furnished, on demand, with a
copy of the accusation ; and with a list of
the witnesses against him :
Shall have compulsory process to obtain
the attendance of his own witnesses:
Shall be confronted with the witness tes
tifying against him ; and
Shall have a public and speedy trial by
an impartial jury.
12. No person shall be put in jeopardy of
life or liberty more than once for the same
offence.
13. No conviction shall work corrup
tion of blood, or general forfeiture of es
tate.
14. Excessive bail shall not be required ;
nor excessive fines imposed ; nor cruel
and unsual punishments inflicted.
15. The power of the courts to punish
for contempt shall be limited by Legislative
Acts.
lfc. A faithful execution of the laws is
essential to good order ; aud good order in
society is essential to liberty.
17. Legislative Acts in violation of the
fundamental law are void ; and the Judi
ciary shall so declare them.
IS. Expos/ facto laws, and laws impair
ing the obligation of contracts, and retro
active legislation injuriously affecting tbe
right of the citizen, are prohibited.
19 Laws should have a general opera
tion ; and no general law shall be vaiied
in a particular case by special legislation,
except with consent of all persons to be
affected thereby.
20. The right of taxation can be grant
ed only by the people, and shall be exer
c'sed only to raise revenue for the support
of government, to pay the public debts, to
provide for the common defence, and for
such other purposes as are specified iu the
grant of powers.
21. In cases of necessity, private ways,
and the right to cany water overland, for
the purpose of mining, and draining, may
be granted upon just compensation being
first paid ; and with this exception, private
property shall not be taken,except for pub
licuse, and then only upon just coinpensa
tion such compensation, except iu cases of
pressing necessity, to he first provided and
paid.
22. 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 warraut shall
issue but upon probable cause, supported
by oath or affirmation, and particularly
describing the place or places to be
searched, and the persons aud things to be
seized.
23. Martial law shall not be declared,
except in cases of extreme necessity.
24. Large stauding armies, in time of
peace are dangerous to liberty.
25. No soldier shall, in time of peace,
be quartered iu any house without the con
sent of the owner ; nor in time of war but
in a manner prescribed by law.
2G. The person of a debtor shall uot be
detained in prison after delivering bourn, fide
all his estate for the use of his creditors.
27. The enumeration of rights herein
contained shall not be construed to deny
to the people any inherent rights which
they have hitherto enjoyed.
2S. This declaration is a part of this
Constitution, aud shall never be violated
on any pretence whatever.
ARTICLE II.— Section 1.
1. The Legislative, Executive, aud Ju
dicial Departments shall be distinct, and
each department shall be confined to a sep
arate body of magistracy. No person or
collection of persons, being of one depart
ment, shall exercise any power properly
attached to either of the others, except in
cases herein expressly provided.
2. The legislative power shall be vested
in a General Assembly, which shall con
sist of a Senate and House of Representa
tives.
3. The meeting of the General Assem
bly shall be annual, aud on tbe first Wed
nesday in November, until such day of
meeting shall be altered by law. A major-
i ity of each house shall constitute a quo
rum to transact business; hut a smaller
number may adjourn from day to day, and
compel the attendcnce cf their members in
such manner as each bouse shall prescribe.
No session of the General Assembly shall
continue for more than forty days, unless
the same shall be done by a vote of two
thirds of each branch thereof.
4. The compensation of the members
aud officers of the General Assembly shall
be fixed by law, at the first session subsc
quent to the adoption of this Constitution ;
aud the same shall not be increased so a>
to affect tbe compensation of the member-,
or officers of the Assembly by which the
increase is adopted.
5. No person holding any military com
mission or other appointment, having any
emolument or compensation annexed there
to, under this State or the Coufcdeiate
Stales, or either of them (except Justices
of the Inferior Court, Justices of the Peace
and officeis of the militia), nor any de
faulter for public money, or for legal
taxes required of him, bhall have a seat in
either branch of the General Assembly ;
nor shall any Senator or Representative,
after his qualification as such, be elected to
any office or appointment by tbe General
Assembly having any emoluments or com
pensation anexed thereto, during the time
for which he shall have been elected.
G. No person convicted of any felony,
involving any species of the irimen falsi,
before any court of this State or of the Con
federate States, shall be eligible to any of
fice or appointment of honor, profit or trust,
within this State.
7* No persou who is a collector or hold
er of public money, shall be eligible to
any office iu this State, until the
same is accounted for and paid into the
Treasury.
Section 2.
1. The Senate shall consist of 44 mem
bers, one to be chosen from each senatorial
district which district shall he composed of
three contiguous counties. If a new coun
ty is established, it shall be added to a
district which it adjoins, until there shall
be another arrangement of the senatorial
districts the senatorial districts shall not be
changed, except when a new census shall
have been taken.
2. No persou shall be a Senator who
shall not have attained to the age of
twenty-five years, and bo a citizens of
the Confederate States, and have been for
three years an inhabitant of this Stale,
and for one year a resident of the district
from which he is chosen.
3. The presiding officer shall be styled
the President of the Senate, and shall be
elected viva voce from their own body.
4. The Senate shall have the sole power
to try all impeachments. When sitting
for that purpose they shall be on oath or
affirmation ; aud no person shall be con
victed without the concurrence of two-
thirds of the members present. Judgment,
in cases of impeachment, shall not extend
further than removal from office and dis
qualification to hold and enjoy any office
ot honor, profit or trust within this State ;
but the party convicted, shall, nevertheless,
be liable aud subject to indictment, trial,
judgment and punishment according to
lav?.
Section 3.
1. The House of Representatives shall
be composed as follows : The thirty-seven
counties having the largest representative
population shall have two Representatives
each. Every other county shall have one
Representative. The designation of the
counties having two Representatives shall
he made by the General Assembly imme
diately after the taking of each census.
2. No person shall be a Representative
who shall not have attained to the age of
twenty-one years, and be a citizen ot the
Confedeiate States, and have been for
three years an inhabitant of this State,
and for one year a resident of the county
which he represents.
3. The presiding officer of the House of
Representatives shall be styled the Speak
er; and shall he elected viva are from their
own body.
4. They shall have the solo power to
impeach all persons who have been or may
he in ofiice.
5. All bills for raising revenue, or ap
propriating money, shall originate in-the
House of Representatives ; but the Senate
may propose or concur in amendments, as
n other bills.
Section 4.
1. Each House shall be tbe judge of tbe
election, returns, and qualifications of its
own members; and shall have power to
punish them for disorderly behavior or mis
conduct, by censure, fine, imprisonment or
expulsion ; but no member shall be expell
ed except by a vote of two-thirds of the
House from which he is expelled.
2. Each House may punish, by impris
onment not extending beyond the session,
any person not a member, who shall be guil
ty of a contempt, by any disorderly behav
ior in its presence, or who during the ses
sion shall threaten injury tojthe person *r
estate of any member, for anything said or
done iu cither House ; or who shall assault
any member therefor, or who shall as
sault or arrest any witness going to or re
turning therefrom ; or who shall rescue, or
attempt to rescue, any person arrested by
order of either House.
3. The members of both Houses shall be
free from arrest, during their attendance
on the General Assembly, ar.d in going to
or returning tberetrom except for treason,
felony, or breach of tbe peace. And no
member shall be liable to answer, in any
other place, for anything spoken iu debate
in either bouse.
4. Each House shall keep a journal of
its proceedings, and publish them immedi
ately after its adjournment. The yeas
and nays of the members on any questiou,
shall, at the desire af one fifth of tlie mem
bers present, be entered on the journals.
The original journals shall be preserved
(after publication) in the office of the Sec
retary cl State ; but there shall be uo oth
er record thereof.
5. Every bill, before it shall pass, shall
he read three times, aud on three separate
and distinct days in each House, uulcss in
case of actual invasion or insurrection.
Nor shall any law or ordinance pass which
refer to more than one subject matter, or
contains matter different from what is ex
pressed iu tbe title thereof.
G. All acts sball be signed by tbe Presi
dent of tbe Senate and tbe speaker of the
House of Representatives ; and no bill, or
dinance or resolution inteuded to have tbe
effect of law, which shall have been reject
ed by either House, sball be again propos
ed under the same or any other title, with
out tbe consent of two thirds of the House,
by which tbe same was rejected-
7. Neither House shall adjourn for more
than three days, nor to any other place,
without the consent of the other ; and in
case of disagreement between the two
Houses on a questiou of adjournment, the
Governor may adjourn them.
S. Every Senator and Representative,
before taking his seat, shall take an oath
or affirmation to support the Constitution of
the Confederate States and of this State :
and also that he hath not practised any
unlawful means, either directly or indirect
ly, to procure his election. And every
person convicted of having given or offer
ed a bribe, shall be disqualified from serv
ing as a member of either House for the
term for which he was elected.
9. When this Constitution requires an
Act to be passed by two thirds of both
Hourcs, the yeas and nays on the passage
thereof shall be entered on the journal of
each.
Section 5.
1. The General Assembly shall have
power to make all laws aud ordinances,
consistent with this Constitution and not
repugnant to the Constitution of the Con
federate States, which they shall deem
necessary and proper for the welfare of the
State.
2. They may alter the boundaries of
counties, and lay off' and establish new
counties; but every hill to establish a
now county shall be passed by at least
two-thirds of the members present, in both
branches of the General Assembly.
3. They shall provide for the taking of
a census or enumeration of the peoplo of
this State at regular decades of years, com
mencing at such times as they may pre
scribe.
4. The General Assembly shall have
power to appropriate money for the pro
motion of learning and science, and to
provide for the education of the people.
5. The General Assembly shall have
power by a vote of two-thirds of each
branch, to grant pardons in cases ol final
conviction for treason, and to pardon or
commute iu cases of final conviction for
murder.
Section G.
1. The General Assembly shall have no
power to grant corporate powers and priv
ileges to private companies, except to
banking, insurance, railroad, canal, plank
road, navigation, mining, express, lumber,
and telegraph companies ; nor to make or
change election precints ; nor to establish
bridges and ferries; nor to change names, or
legitimate children ; but shall by law pre
scribe tbe mannner in which such power
shall be exercised by the courts. But no
bankcharter shall be granted or extended,
and no Act passed authorizing the suspen
sion of specie payment by any chartered
bank, except by a vote of two thirds of
each branch of the General Assembly.
2. No money shall be drawn from the
Treasury of this State, except by appropq-
ation made by law ; and a regular state
ment and account of the receipt and ex
penditure of all public money shall be pub
lished from time to time.
3. No vote, resolution, law or order shall
pass, granting a donation or gratuity in
favor of any person, except by the concur
rence of iwo-thirds of each branch of the
General Assembly
4. No law shall be passed by which a
citizen shall be compelled, directly or in
directly, to become a stockholder in or
contribute to a rail road or other work of in
ternal improvement, without his consent;
except the inhabitants of a corporate town
or city. This provision shall not be con
strued to deny the power of taxation for the
purpose of making levees or dams to pre
vent the overflow of rivers.
Section 7.
1. The importation or introduction of
negroes from any foreign country, other
than the slave holding States or Territo
ries of the United States of America, is
forever prohibited.
2. The General Assembly may prohibit
the introduction of negroes from any State;
hut they shall have no power to prevent im
migrants from bringing their slaves with
them.
3. The General Assembly shall have no
power to pass laws for the emancipation
of slaves.
4. Any person who shall maliciously kill
or inaim a slave, shall suffer such punish
ment as would be inflicted in case the like
offence had been committed on a free white
person,
ARTICLE III.—Section 1.
The executive power shall he vested in
a Governor, who shall hold his office during
the term of two years, and until such time
as a successor shall be chosen and qualified-
lie shall have a competent talaiy fixed by
law, which shall not be increased or dimin
ished during the period for which he shall
have been elected; neither shall he receive,
within that period, other emolument from
the Confederate States, or either of ihein,
or from any foreign power.
2. The Governor shall he elected by the
persons qualified to vote for members of
the General Assembly, on the first
Wednesday in October, in the year of our
Lord 1861 ; and on the first Wednesday in
October in every second year thereafter,
until such time he altered by law ; which
election shall be held at the places of hoi
ding general elections, iu the several coun
ties of this State, in the manner prescrib
ed for tbe election of members of the Gen
eral Assembly. The returns for every
election of Governor shall be sealed up by
the managers separately from other re
turns, and directed to the President of the
Senate and Speaker of the House of Repre
sentatives ; aud transmitted to the Gov
ernor, or the person exercising the duties
of Governor for the time being; who
shall without opening the said returns,
cause the same to he laid before the Sen
ate, on the day after the two Houses shall
have been organized ; aud they shall he
transmitted by the Senate to the House of
Representatives. The members ot each
branch of the General Assembly shall con
vene in the Representative chamber, and
the President of the Senate, and the
Speaker of the House of Representatives,
shall open and publish the returns in pres
ence of General Assembly ; and the person
having the majority of the whole number
of votes given in, shall be declared duly
elected Governor of this State; but if no per
sou havo such majority, then from the two
persons having the highest number of votes,
who shalll bo iu life, aud shall not decline
au election at the time appointed for the
Legislature to elect, the Geueral Assembly
shall immediately elect a Governor rira
voce and in all cases of election of a Gov
eruor by the General Assembly, a tuajori
ty of the votes of the members present
shall be necessary for a choice. Contest
ed elections shall be determined by both
Houses ol the General Assembly, in snch
manner as shall be prescribed by law.
3. No person shall be elcgible to the
office of Governor who shall not have been
a citizen of the Confederate States twelve
years, and aninhabitant of this State six
years, and who hath uot attained the age
of thirty years.
4. In case of the death, resignation, or
disability of the Governor, the President
of the Senate shall exercise the exe.cutive
powers of the government until such disa
bility be removed; or a successor is elected
aud qualified. And in case of the death,
resignation, or disability of the President
of tlie Senate, tbe Speaker of the House
of Representatives shall exercise the exec
utive power of ^be government until the
removal of the disability or the election
aud qualification of a Governor.
5. The Governor shall before he enters
on the duties of his office, take the follow
ing oath or affirmation : “I do solemnly
swear or affirm (as the case may be,) that
I will faithfully execute the office of Gov
ernor of the State of Georgia ; and will, to
the best of my abilities, preserve, protect
and defend the constitution thereof.”
Section 2.
1. The Governor shall be commauder-
iu-Chief of the army and navy of this
State, and of the militia thereof.
2. He shall ha ve power to grant re
prieves for offences against the State, ex
cept in cases ol impeachment, (and to grant
pardons, or to remit any part of a sentence,
in all cases after conviction, except for
treason or murder, in which cases he may
respite the execution, and make report
thereof to the next General Assembly.
3. He shall issue writs of elections to fill
vacancies that happen in the Senate or
House of Representatives, and shall have
power to convene the General Assembly
on extraordinary occasions; aud shall give
them, from time to time, information of the
state of the republic, and recommend to
their consideration such measures as he
may deem necessary and expedient.
4. When auy office shall become vacant
by death, resignation, or otherwise, the
Governor shall have power to fill such va
cancy, unless otherwise provided for by
law ; and persons so appointed shall con
tinue in ofiice until a successor is appoint
ed agreeably to the mode pointed out by
Constitution, or by law iu pursuance there
of.
5. A person once rejected by the Senate
shali not be re-appoiiitcd by the Governor
to the same office, during tiie same session,
or the recess thereafter.
6. The Governor shall have the revision
of all bills passed by both Houses, before
the same shall become laws, but two thirds
of each House may pass a law notwith
standing his dissent; and if any bill should
not he returned by the Governor witliiu
five days (Sundays excepted) after it has
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 appropriation and dis
approve any other appropriation in the
same bill, and the latter shall not be effect
ual unless passed by two thirds of each
House.
7. Every vote, resolution, or order, to
which the concurrence of both Houses may
be necessary, except on a question of
election or adjournment, shall be presented
to the Governor ; and before it shall take
effect, be approved by him, or being dis
approved, shall be re passed by two thirds
of each House, according to the rules and
limitations prescribed iu case of a hill.
8. There shall be a Secretary of State,
a Comptroller General, a Treasurer, and
Surveyor General, elected by tbe General
Assembly, and they shali hold their offices
tor tbe like period as the Governor, and
shall have a competent salary, which
shall not be increased or diminished during
the period for which they shall have been
elected. The General Assembly may at
any time consolidate any two of these offi
ces aud require all the duties to be dis
charged by one officer.
9. The great seal of the State shall be
deposited in the office of Secretary of State,
and shall uot be affixed to any instrument
of writing, but by order of the Governor or
General Assembly ; and tbe General As
sembly shall at their first session, after the
rising ot this Convention, by law cause the
great seal to be altered.
10. The Governor shall have power to
appoint his own Secretaries, uot exceeding
two iu number.
ARTICLE IV.—Section 1.
1. The Judicial powers of this State
shall be vested in a Supreme Court for the
correction of errors, Superior, Inferior, Or
dinary and Justices’ Courts, and in such
other courts as have been, or may he, es
tablished by law.
2. The Supreme Court shall consist of
three Judges, whoshall be appointed by the
Gov. with the advice and consent of two
thirds of the Senate, for such term of years
as shall be prescribed by law, and shall con
tinue in office until their successors shall
be appointed and qualified, removable by
the Governor on the address of two-thirds
of each branch of tbe General Assembly,
or by impeachment and conviction thereon.
3. Tbe said court shall have uo original
jurisdiction, but shall be a court alone for
the trial and correction of errors in law
aud equity from the Superior Courts of the
several circuits, and shall sit at least once
a year, at a time prescribed by law, in
each of one or more judicial districts des
ignated by the General Assembly for that
purpose, at such point in each district, as
shall, by the General Assembly be or
dained, for the trial and determination of
writs of error from the several Superior
Courts included in such judicial districts.
4. The sait^Court shall dispose of ami
finally determine every case on the dock
et of such Court at the first or second term
afterjaiich writ of error brought; and in
case the plaintiff in error shall not be pre
pared at the first term of sucli Court, after
eiror brought, to prosecute the cause, unless
precluded by some providential cause from
such prosecution, it shall be stricken from
the docket, and the judgment below shall
stand affirmed.
Section 2.
1. The Judges of the Superior Courts
shall he appointed in the same manner as
Judges of the Supreme Court, from the cir
cuits iu which they are to serve, for the
term of four years, and shall continue in
office until their successors shall be ap
pointed and qualified, removable by the
Governor on the address of two thirds of
each branch of the General Assembly,
NUMBER 14.
or by impeachment and conviction thereon.
2. The Superior Court shall have exclu-
-iive jurisdiction in all cases of divorce,
both total and partial; but no total divorce
shall be granted, except on the concurrent
verdicts of two special_ juries. In each
livorce case, the Court shall regulate the
rights and disabilities of the parties.
3. The Superior Court shall also have
exclusive jurisdiction iu all criminal cases
••xcept as relates to people of color: fines
for neglect of duty, contempts of Court;
violation of road laws, and obstructions of
water courses, jurisdiction of which shall
be vested in such judicature or tribunal as
shall bc_or may have been pointed out by
law ; ami except in all other minor offences
committed by free % while persons, and
which do not subject the offender or offen
ders to loss of life, limb or member, or to
confinement in the penitentiary; in all
such cases, Corporation Couits, such as
now exist, or may hereafter be constituted,
iu any incorporated city, or town, may be.
vested witli jurisdiction, under such rules
and regulations as the Legislature mav
hereafter by law direct.
4. All criminal cases shall be tried in
the County where tiie crime was commit
ted, except iu case where a jury cannot
be obtained.
5. The Superior Court shall have exclu
sive jurisdiction in all cases respecting ti
tles to land, which shall be tried in the
county where the land lies and also in
all equity causes, which shall be tried iu
the county where one or more of the de
fendants reside, against whom substantial
relief is prayed.”
6. It shall have appellate jurisdiction
in all such cases as may be provided by
law.
7. It shall have power to correct errors
in inferior judicatories by writ of certiorari,
and to grant new trials in the Superior
Court on proper and legal grounds,
8. It shall have power to issue writs of
mandamus, prohibition, scire facias, and
all other writs which niay be necessary
for carrying its powers fully into effect.
9. The Superior and Interior Courts
shall have concurrent jurisdiction in nil
other civil causes; which shall be tried iu
the county where the defendant resides.
10. In cases of joint obligors, or joint
promissors or copartners, or joint trespass-
ces residing in different counties, tbe suit
may be brought in either county.
11. In case of a maker and endorser or
endorsers of promissory notes residing in
different counties in this Slate, the same
may be sued in the county where the ma
ker resides.
12. Tbe Superior and Inferior Courts
shall stt in each county twice in every
year, at such stated times as have been or
may be appointed by tbe General Assem
bly*
Section 3.
1. The judges shall have salaries ade
quate to their services fixed by law, which
shall not be diminished during their con
tinuance in office; but shall not receive,
any other perquisites or emoluments what
ever, from parties or others, on account of
auy duty required of them.
2. There shall be a State’s Attorney
and Solicitors appointed in tbe same man
ner as the Judges of the Supreme Court,
and commissioned by the Governor; who
shall hold their offices for the term of four
years, or until their successors shall be ap
pointed and qualified, unless removed by
sentence on impeachment, or by tbe Gov
ernor, on the address of two thirds of each
branch of the General Assembly. They
shall have salaries adequate to their serv
ices fixed by law, which sball uot be di
minished during their continuance in office.
4. The Justices of the Feace shall be,
elected in each District by the persons
entitled to vote for members of the Gen
eral Assembly.
5. The powers of a Court of Ordinary
and of Probate shall be vested iu an Or
dinary for each county, from whose decis
ions there may be an appeal to the Superi
or Court, under regulatious prescribed by
law. The Ordinary shall be ex officio clerk
of said Court, and may appoint a deputy-
clerk. The Ordinary, as clerk, or his dep
uty, may issue citations and graut tempo
rary letters of administration, to hold uu-
til permanent letters are granted ; and
said Ordinary, as clerk, or his deputy,
may grant marriage licences. The Ordin
aries in aud for the respective counties
shall be elected, .as other county officers
are, on the first Wednesday in January,
18G4, and every fourth year thereafter,
and shall be cotnmisssioned by the Gover
nor for the terra of four years. In case
of xny vacancy of said office of Ordinary,
from any cause, the same shall be filled by
election, as is provided in relation, to other
county officers, and until the same is filled,
the clerk of the Superior Court for the time
being shall act as clerk of said Court of
Ordinary.
ARTICLE V.
1. The electors of Members of the Gen
eral Assembly shall be free white male citi
zens of this State, and shall have attaiued
the age of twenty one years; and have
paid all taxes which may have been requir
ed of them, and which they have had an
opportunity of paying agreeably to law, for
the year preceding the election ; and shali
have resided six months within the district
or county.
2. All elections, by the General Assem
bly, shall be viva voce and when tbe Senate
and House of Representatives unite for the
purpose ol' electing, they shall meet in the
Representatives chamber, and the Presi
dent of the Senate shall iu such cases
preside, aud declare the person or persons
elected.
3. In all elections by tbe people, tho
electors shall vote by ballot, until tbe Gen
eral Assembly shall otherwise direct.
4. All civil officers shall continue in the
exercise of the duties of their several offi
ces, during tiie periods for which they were
appoiutod, or uutil they shall be superse
ded by appointments made in conformity
with this Constitution ; aud ail laws now
iu force shall coutiuue to operate, so far as
they are compatible with this Constitution,
uutil they shall expire, be altered or re
pealed ; and it shall be tbe duty of the
General Assembly to pass all necessary
laws and regulatious for carrying this Con
stitution iuto full effect.
5. All militia aud county officers shall
be elected hy the people iu such manner as
the General Assembly may by law direct.
6. This Constitution shall be amended
only by a Convention of the people called
for that purpose.
7. This Constitution shall not take effect
until the same is ratified by the people.—
Aud to this end, there shall he an election
held at all the places of public election iu
