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S's 00 PER ANNUM PROPOSED CONSTIT BTIOX fOR THE BTA T E O F c r KOKGI A, AS ADOPTED BY THE Negro-Radical Convention- PREAMBLE TO THE CONSTITUTION. Me. the j>l #* of Georgia, in order to form n permanent Government, establish Justice, insure Domestic Tranquility, and secure the blessings of Liberty to ourselves and our pos terity. acknowledgin') arid invoking t!ic gui dance of Almighty (} ml, the Author of all Good Government. do ordain and establish this Con stitution for the State of Georgia. CONSTITUTION OF THE STATE OF GEOJIG I A. Article I. —Declaration of TVndamextai. PRI VcjPLES. Sec. 1. Protection to person and property is the paramount duty of Government, and shall be impartial and complete, See. 11. All persons horn, or naturalized, in the United .'states, and resident in this .'state, arc hereby declared citizens of this State, and no Jaws shall be made or enforced vfiith shall abridge tin privileges or iniitaini lies of citizens of the United States, or of this State, or deny to any person within its juris diction the equal protection of it- laws. And it shall be the duty of the General Assembly, *»y appropriate legislation, to protect every person iu the due enjoyment of the rights, privileges uml immunities guaranteed in this Section. Sec. 111. No person shall be deprived of life, liberty or propert v, except hv due process of Urn-. ~ ' ~ S«'c. J\ , There shall he within the State of Georgia neither slavery nor involuntary servi tude, save as a punishment for crime after le gal conviction fhereofi Sec. \ . The right of the people to appeal' to tbt* Coorts, to petition tiovcrnincnt on all matters, and peaeeahlv to assemble for the con wirieration of any mutter ahull never Ite im paired. See. \ !. Perfect freedom »>r religious sen timent shall he and the same is herein 7 secured and no inhabitant of this State, shall ever he molested in person or property or prohibited .from holding any public office or trust on ac count oldiis religious opinion ; hut the liberty of conscience, hereby secured, shall not he so construed as to excuse acts of licentiousness or justify practices inconsistent with the. peace or safety of the people. » See. VII Every person charged with an of fence against the laws, shall have the privi lege and benefit of counsel, shall he furnished, on demand, with a copy of the accusation and si list of the witnesses on whose testimony the charge against him is founded, shall have com pulsory process to obtain the attendance of his own witnesses, shall be confronted with the witnesses testifying against him, and shall )uivu a public and speedy trial by an impartial jury. See. \ 111. No person shall he put in jeop ardy* ol life or liberty more than once fur ilje same ollenee, save oil his or her own motion for anew trial, after conviction, or iir case of mistrial. i * IX. Freqjp a of speech food freedom or^n-press^,» political or \ he sha-ll he responsible Tor the aburif of the lib erty. f Se ( -. X. The righf of the lYot Ac to be so cijre in their Persons, Houses, ■>papers and Ef fects against unreasonable'searches and seiz ures, s^j.ill not he violated; and no warrant .shall issue Imt upon pVbhalde cause, support ed liy oath or ailirmation. particularly descri bing the place, or places, to he searched, and the person, or tilings, to he seized. See. XI. The social status of the citizen shall never he the subject of legislation. "iSkc. XII. No person shall he molested for his opinions, or he subject, to any civil or political incapacity, or acquire any civil or political advantage in consequence of such opinions. Sec. XIU. The writ of habeas corj us shall not lie suspended unless in case of rebellion or invasion, the public safety may require it. See. XIV. A well regulated Militiy being necessary to the security of a free people, the right of the people to keep and hear arms shall not he inf inged ; Imt the General Assembly shall have power to prescribe by law the man ner in which arms may he borne. See. XV. The punishment of all frauds shall be provided by law. See. \\ 1. Excessive bail shall not be re quired, nor excessive tines imposed, nor cruel and unusual punishments inflicted, nor shall any person be übiised in being arrested, whilst under arrest or in prison. Sec. X\ II Tin' power of the Courts to pun ish for contempt shall he limited by legislative acts. See. X\ 111. There shall be no imprisonment for debt. See. XIX. In all prosecutions or indict ments for libel, the truth may be given in evi dence, and the jury shall have the right to de termine the law and the facts. Sec. X.v. Private ways imo he granted up on just compensation being pa u bv the appli cant. See. XXI. All penalties sJmii be proportion ed to the nature of the offence. See. XXII. Whipping as a punishment for crime is prohibited. See. XXII l. No Lottery shall be authorized, or sale ot Lottery tickets allowed in this Stare, and adequate penalties for such sale shall he provided by law. See. XXIV. No conviction shall work cor ruption of blood, and no conviction of treason shall work a general forfeiture of estate lon ger than during the life of the person attain ted. Sen. XXV. Treason against the State of Georgia shall consist only in levying war against the State, or the United States, or ad hering to the enemies thereof, giving them aid and comfort; and no person shall he convicted of treason except on the testimony of two wit nesses to the same overt act, or his own con fession in open Court. See. XX\ 1. Laws shall have a general ope ration, and no general law, affecting private rights, shall be varied, in any particular ease, by special legislation, except with the free consent, in writing, of all persons to be af fected thereby ; and no person under legal dis ability to contract is capable of such free con sent. t>fc>ec. XXVII, The power of taxation over the whole .State shall be exercised by the Gen eral Assembly only to raise Revenue for the support of Government, to pay the Public Debt, to provide a General School Fund, for Common Defense, and for Public Improve ment ; and taxation on property shall be ad r atoirm only, and uniform on all species of property taxed. Sec. XX\ 111. The General Assembly may grant the power of lAsutioa tt Cou-.ty author THE GEORGIA ENTERPRISE. itics and Municipal corporations, to he exer cised within their several territorial limits. Sec. XXIX. No poll tax shall be levied ex cept for educational purposes, and such tax shall not exceed One Dollar anuuallv on each poll. Sec. XXX. Mechanics and laborers shall have liens upon the property of their employ ers for labor performed or material furnished, and the Legislature shall provide for the sum mary enforcement of the same. XXXI. The I legislative, Executive and Judicial Departments shall be distinct; and each department shall be conhded to a sepa rate body of Magistracy. No person or collec tion of persons, being of one department, shall exercise any power properly attached to either of the others, except in cases herein expressly provided. Sec. XXXIF. acts in viola tion of this Constitution, or the Constitution of the United States, are void, and the Judici ary shall so declare them. See. XX XIII. The State of Georgia shall ever remain a member of the American Uni o; the people thereof are a part of the American Nation; every citizen thereof owes paramount allegiance to the Constitution and Govern ment of tin 1 United States, and no law or <>r dianco of this State, in contravention or sub version thereof, shall ever have anv binding force. A ARTICLE IT. FRANCHISE AND ELECTIONS. See. I. Jn all elections by the people, the Electors shall vote by ballot. Sec. 11. Every mule person, born in the United States, and every male person who has been naturalized, or who lias legally declared bis intention to become a citizen of tli'il'nited States, twenty-one. years old. or upwiitTy who shall hare resided in this State six months next preceding the election, and shall have resiiled thirty days in the county in which he offers to vote, and shall have paid all taxes 1 which may have been required of him, and which be may have had an opportunity of paying, agreeably to law, for the year next preceding the election, (except as hereinafter provided,) shall be deemed an elector; and every male citizen of the United States of the ago aforesaid, (except as hereinafter provided,) who may be a resident of the State at the time of the adoption of (his Constitution, shall be deemed an elector, and shall have all the rights of an elector, as aforesaid ; Provided, that no s .flier. sailor or marine, in the military or na nil service of the United States, shall acquire the rights of an elector by reason of being sta tioned on diuy in this State; and no person shall vote, who, if challenger], shall refuse to take the following oath ; "I do swear that I have not given, or received, nor do | expect to give, or receive, any money, treat, < r other thing "I - value, by which my vote, or any vote is af fected, or expected to be affected, at this elec tion, nor have I given. or promis 'd any reward, or mad ■ any threat, by which to prevent anv person from voting at. this election.” Sec. 111. No person convicted of felony or larceny before any court ..f this State, or of, or in tlugl nitod States, shall be eligible to any officeappointment of horiot;or trust within tins Slate, unless lie shall have {peon nardoned. Sec) 1\ . No person who is (the holder of ( nv nilhlie moneys shall be eligible to any of, !i - is accented* bil' I!*f ,'st(f filbi 1, . , vjHh o‘ A l • N » person who, differ the adoption of this i ’o.istittuioii, being a resident of tins Star?,.-shat! engage in a duel in ibis Stare, or clsowiVro. or shall send or accept a challenge, or lie tiider or abettor to such duel, shall v~to or bold office in this State ; and every such pers ii shall, also, be subject to such punish ment a> the law nitty prescribe. Sec. VI. Ibe General Assembly may pro vide, from time to time, for the registration „f all electors, but the folloaing classes of persons shall not be permitted to register, vote,-or hold office: First—Those who shall have been con victed of treason, embezzlement of public foods malfeasance in office, crime punishable hv law with imprisonment in the Penitentiary, or bribery. Second - - Idiots or insane | ersons. Sec. \ 11. Electors shad, in all cases except treason, felony, or breach of the ponce, he priv ileged Iron) arrest for five days before an elec tion, during the election, and two days subse quent thereto. Sec. VIII, l'he sale of intoxicating liquors on days of election is prohibited. Sec. IX. Returns of election for all civil of ficers elected by the people, who are to be commissioned by the Governor, and also, for the members of the General Ass« mbly shall be made to the. Secretary of State, unless otherwise provided by law. Sec. X -The General Assembly shall enact laws giving adequate protection to electors be fore, during ar.d subsequent to elections Sec. XL The election of Governor. Members of f’ongres.-, and of the General after the year 18bS, shall commence on the Tuesday alter the first Monday in November, unless otherwise provided hv law. AimC L E 111.—L EG lS L A TIV fi. Section I. I. The Legislative Power shall be vested in a General Assembly, which shall consist of a Seriate aid House of Representatives, and un til nth* revise directed, the members Deroiff. after the first election, shall be elected, and the returns ot the election made as now prescribed by law. 11. The members of the Senate shall be elected for four years, except that the members elected at liso first election from the twenty two Senatorial Districts numbered in this Constitution with odd numbers, shall only hold their >ffiee for two years. The members of the House of Representatives shall be elected for two years. The election lor members of the General Ass* mbly shall begin on Tuesday af ter the first Monday in NoveiftVr* of every second year, except the first election, which shall he within sixty days after the adjourn ment of this Convention ; but the General Assembly may by law change the time of elec tion. and the members shall hold until their successors are elected and qualified. 111. The first meeting of the General As sc mbly shall be within ninety days alter the adjournment of this Convention, after which it shall meet annually »n the second Wednes day in January or on such oilier day as the General Assembly may prescribe. A mujo ity ot each 11 use shall constitute a quorum to transact business; bur a smaller number may adjourn from day to day and compel the pres ence of its absent members as each House may provide. Xo session of (be General Assembly, after ttie scC'-nd under tins Constitution, shall continue i tiger than forty days, unless prolong ed by vote ot two-tl irds of each branch thereof. IV. X • person holding a Military Commis sion. or otter appointment of office, having any cm lumei t or compensation annexed thereto, under : State or the United States, r either ot them, (’ wept Justice* of the Peace and offi cers of me Militia, nor any defaulter Tor public money, or t r ary legal taxes required of him. COVINGTON.. GA., MARCH 20868. shall have a seat in either House : nor shall any Senator or Representative, after Ids qualifica tion a- such, he elected bv the General Assem bly or appointed by the Governor, either with or without the advice and consent of the-Sen : ate. to anv office or arm ointment, having any emolument annexed thereto, during the time for which he shall have been elected. V. The seat of a member of either Tlou«e shall be vacated on bis removal from the Ibs | triet from which be was elected. Section 11. ! T. There «ba’l be F->r*y Four Senatorial Districts in this State, composed, each, of three ' contiguous Counties, from each of which Dis tricts one Senator shall be chosen. Until oth erwise arranged, ns hereinafter provided, the i said Districts shall be constituted as follows: 1-t District of Chatham. Bryan and Effingham. 2d District of Liberty, Tatnall and Mclntosh, fkl District of Wayne, Bierce and Appling. 4th District of Glynn, Camden and Charlton. •nth District of Coffee, Ware and Clinch, fit h District of Echols, Lowndes and Berrien. Till District of Brooks, Thomas and Colquitt, f'th Dish, of Bccai.Hr, Mitchell and Miller. Hth Dist.., of Early, Calhoun and Baker. 10ih Dist.. of Dougherty. Lee and Worth. 11 tli Dist.. of Clay, Randolph and Terrell. 12th Dist., of Stewart. Webster and Quitman, lath Dist., of Sumter. Schley and Macon. 1 tth Dist , or Dooly, Wilcox and Pulaski. 55th Dist-, of Montgomery, Telfair and Irwin. IF.th Dist., of Laurens, Johnson and Emanuel. 17th Dist., of Builock, Striven and Burke. Dth Dist., of Richmond, Glascock and Jefferson. 10th Dist., of Taliaferro, Warren and Greene, ghili Dist.. of Baldwin, Hancock and Washington. 21st Dist., of Twiggs, Wilkinson and Jones. 22d Dist., of Bibb, Monroe and Pike. god Dist., of Houston, Crawford and Taylor. 24th Di-t., Marion, Ghattuhooeheeand Muscogee. 25th Di-t., of Harris, Upson and Talbot 20th Dist., of Spalding. Butts and Fayette. 27ih Dist., of Newton. Walton and Clarke. 28th Dist., of Jasper. Putnam and Morgan. 29th Dist., of Wilkes, Lincoln and Columbia. 20th Dist., Oglethorpe, Madison aM^'jJbert. 21 st Dist., of Hart, Franklin and .sham. 22d Dist., of White, Lumpkin and Dawson. 22d Dist., of Hall. Banks and Jackson. 2fth Dist., of Gwinnett. DeKalh and Henry. 25th Di-t., of Clayton, Fulton and Cobb. 26rh Dist , of Meriwether, Coweta and Campbell. 87rli Dist., of Troup, Heard and Carroll. 88th Dist., of Haralson, Polk and Paulding. BDili Dist., of Cherokee, Milton and Forsyth. 40th Dist., of Union, Towns and Rabun. 4!st Di-t., of Fannin. Gilmer ami Pickens. 42d Dist., of Bartow, Floyd and Chattooga. 48d Dist., of Murray, Whitfield and Gordon. 44th Hist., of Walker, Dade and Catoosa. If anew county be established it shall be added to a District which it adjoins, and from which the larger portion of its territory is taken. The Senatorial Districts may be changed by the General Assembly, but only tit the first session after the publication of each census by the United States Government, and their number shall not be increased. If. 'The Senators shall be citizens of the United States, who have attained the age of twenty live years, and who, after the first election under this Constitution, shall have been citizens of this State for two years, and for one year resident of the District from which elected. / 1 ii. The presiding officer of the Senate shall he styled the President of the Senate, and shall Ito elected, ricn voce, from the Senators. IV. The Senate shall have the sole power to try impeachments. When sitting for that > oppose, jthe metnhcrSjShall be on oath orjaf-., iba.iatioi.w _, Cgsided oyhr lr£ id’ thei'TtCtwl&f - I*, s" spfcTiv Y’ I '. ? Td' clccti* Mi •Vt V ay _ ~,: Jj the oon- .vj "i;eo of two bni -is of the ryctuber present, b'hdgments in eases of impeachment shall not extend • further than removal from office and disqualification to hold and enjob any office of honor, trust or-profit within tins State; hut the party convicted shall, never theless. he liable and subject to indictment, trial, judgment and punishment according to law. Section 111. T. The House of Representatives shall con sist ol* one hundred and seventy-live Represent tatives, apjiortionod as follows: To the six largest counties, to-wit: Chatham, Richmond, Fulton. Hibh. Houston and Burke, threw Rep resentatives each ; to the thirty-one next largest, to wit: Bartow, Columbia, Cobh, Cov. eta. Clarke, Decatur, Dougherty, Floyd, Gwin nett, Greene, Hancock, Harris, Jefferson, Lee, Muscogee, Monroe, Meriwether, Morgan, Macon, Newton, Oglethorpe, Pulaski, Rad* dolph. Sumler, Stewart, Troup, Thomas, Ta’• hot, Washington, Wilkqs and Warren, two Representatives each ; and to the remaining ninety-five counties, one Representative each. 11. The above apportionment may be chang ed by the General Assembly after each census by the United States Government, but in no event shall the aggregate number of the Rep resentatives be increased. 111. 'Thy Representatives shall be citizens of the United States who have aPa.iiJM>thc age of twenty-one years, and who, after 7he first election under this Constitution, shall have been citizens of this State for one year, and for six months resident of the counties from which elected. IV. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce fiom the body. Y. The House of Representatives shall have tin' sole power to impeach all persons who shall have been or may Tie in office. VI. AI bills for raising revenue, or appro priating money, shall originate in the House of Representatives, but the Senate may propose or concur in amendments as in other bills. Section IV. I. Each House shall be the judge of the election, returns, and qualifications of its members, and shall have power to punish them for disorderly behavior, or misconduct by cen sure. fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House from which he is expelled. 11. Each House may punish by imprison ment. 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 go ing to. or returning therefrom, or who shall rescue, or attempt to rescue, any person arrest ed by order of either House, 11L The members of both Houses shall be free- from arrest during their attendance on the General Assembly, and in going to, or re turning therefro"', except for treason, felony, larceny, or breach of the peace ; and no mem ber shall be liable to answer in any other place for anything spoken in debate in either House. IV. Each House shall keep a Journal of its proceedings, and publish it immediately after its adjournment. The yeas and nays of the members on any questic-n shall, at the desire of one fifth of the members present, be entered on the Journal. The original Journal shall be preserved, after publication, in the office of the Secretary of State, but there shall be no other record thereof, i V. Every hill before it shall pass shall be | road three times and on three separate dtws | in each lion.-* unlcs- in eases of actual inva jsion or insurrection. Nor shall any law. or j ordinance pass, which refers to more than | one subject-matter, or contains matter different I from what is expressed in the title thereof. | AI. All acts shall be signed by the Presi dent of the Senate anl the Speaker of the j House of Representatives; and no bill, ordi nance. or resolution, intended to have the es- J feet of a law. which shall have been rejected j by either House, shall be again proposed du j ring the same session, under the same, or any J other tide, without the consent of two-thirds of h-' House l.y which the same was rejected. \ IL Neither House shall adjourn for more than three days, nor to any other place, with out the consent of the other; and in ease of disagreement Between the two Houses on n qu 'stion of adjournment, the Governor may adjourn either or both of them. VII r. The officers of the two Houses, other than the President and Speaker, shall he a Secretary of the Si nuto, and Clerk of the House, and an Assistant for each : a Journal izing Clerk, two Engrossing and two Enroll ing Clerks for each House, and the number shall not be increased except by a vote of the House. And their pay, as well as the pay arid mileage of the members, shall he iixed bv law. IX. Whenever the Constitution requires a vote of two-thirds of either or both Houses for the passing of an act or resolution, the yeas and nays on the passage thereof shall be enter ed on the Journal, and all votes on confirma tions, 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. X. Every Senator or Representative, before taking bis seat shall take an oath, or affirma tion, to support the Constitution of the United States, and of this State ; that he has not practiced any unlawful means, directly or in directly, to procure his election, and that he lias not given, or offered, or promised, or caus ed to be given, or offered, or promised, to any person, any money, treat, or tiling of value, with intent to affect any vote, or to prevent any person voting at the election at which lie was elected. Section V. I. The General Assembly shall have power to make all laws and ordinances, consistent with the Constitution, and not repugnant to the Constitution of tlie United States, which they shall deem necessary and proper for the welfare of the State. 11. The General Assembly may alter tlie boundaries of, or lay off and establish now or abolish Counties, attaching the territory thereof to contiguous Counties, but no new County shall be established except by ,a vote of two-thirds of each House ; nor shall any Conntv be abolished except by a vote of ttwo-thirds of each House, and after the quali i fil'd voters of the County shall, at an election held for the purpose, so decide. Section A'l. ■ I. No money shall be drawn from the Treas ury except by appropriation made by law, and a regular Statement and account of the | : r?ceipt and expenditure of all public money, he )v.BJ:.shct). firm time vtime. eml.j I y>, 4aCs ]uis'> and by eaci'j ’session of t j~7 '*■ i’nc Assembly, p t 4. No vote, resolution, law, or order, shall pass., granting a donation, or gratuity, in fa vor of any per-ott, except by tlie concurrence of two-thmis of each branch of the General Assembly, nor, by any vote, to a sectarian corporation, or association. HI. No law or section of the Code shall bo •mended or repealed by mere reference to its Rile, or to the number of the section in tlie - i’do, but the amending or repealing act shall 'istinctly and fully describe the law to be emended or repealed, a*well as the alteration “Vi'n made; but this clause shall he construed ■ directory, only to tlie General Assembly. No law shall be .passed by which a n shall he compelled against his consent, d.roctly or indirectly, to become a stockholder i’ or contribute to any railroad or work of ]ff'ilie improvement, except in the case of the in' abitants of a corporate town or city. In sit Ji cases, the General Assembly may permit th corporate 'authorities to take such stock, or juake such contribution or engage in such wojk, after a majority of the qualified voters of .'itch town or city, voting at an election held for the purpose, shall have voted in favor of thoracic : but not otherwise. \i The General Assembly shall have no power to grant corporate powers and privileg es t<yprivate companies, except to Banking, Insurance, Railroad, Canal, Navigation, Min ing, Express, Lumber, Manufacturing and Telegraph Companies; nor to make, or change, election precincts; nor to establish Bridges or Ferries; nor to change names of legitimate children ; but it shall prescribe, bv law, the manner in which such powers shall be exer cised by the Courts. But no charter for any Bank -hall be granted, or extended, and no act -y authorizing the suspension of specie any Bank, except bv a vote of two-thirds of the General Assembly. The Genera' Assembly shall pass no law making the >St;v* a stockholder in any corporate com pany ; nor shall the credit of the State be granted or loaned, to aid any company with out a p; -Cion that the whole property of the Company shall lie bound for the security of tl* f-St g --.-dor -to any other debt, or lien, ex cept to Laborers: nor to any Company in which there is not, already, an equal amount invested by private persons: nor for any other object than a work of public improvement. Xo provision in this Constitution for a two thirds vote of both Houses of the General As sembly. '.h-d-i be construed to waive the neces sity for the*.signature of the Governor, as in any other case, except in the case of the two thirds vote required to override the veto. ARTICLE IY.—EXECUTIVE. Section I. I. The Executive power shall be vested in a Governor, wl o shall bold bis office during the term of foil'""years, and until such time as a successor shall be chosen and qualified. He shall have r competent salary established by law which shall not be increased or diminished, during the oeriod for which he shall have been elected; nor shall he receive, within that peri od. arty oßitr emolument from the United States, or either of them., or from any foreign power. ■ 11. After The first election, the Governor shall he e!ec’.'*;j,quadrennially, by the persons qualified to vi te for members of the General Assembly, on the Tuesday after tlie first Mon day in Novetn cr. until such time be altered by law, which eiecti m shall be held at the places of bolding ge: <-ral elejtions in the several Coutfties of in the same manner as is prescribed torjl/le election of members of the General Asset.;' ’y. The returns for every election of Gov - rtcr, after the first, shall be sealed up by t t Managers, separately from O'-htr returns, nr .! directed to the President of | the Senate and Speaker of the House of Rep j resen tatives, and transmitted to Ilis Excellen j cy. the Governor, or the person exercising the | duties of Governor for the time being, who ! -hall, without opening the said returns, cause the same to be laid before the Senate, on the day after the two Houses shall have been or ganized : and they shall he transmitted by the Senate to the House of Representatives. The Members of each branch of the General As>- sembly shall convene in the Representative Hall, and the President of the Senate and the Speaker of the House of Representatives jhall open and publish the returns in the presence of the General Assembly ; and the person bat* ing the majority of the whole number of votes given shall he declared duly elected Governor ql this State ; but if no person have such ma jority. then from the two persons having the highest number of votes, who sliali Be in life, and shall not decline an election at the time appointed for the Legislature to elect, the Gen eral Assembly sliali immediate elect a Gov ern'',]- viva voce; and in till cases* of elect ion of a Governor by the General Assembly, a major ity of the votes of the members present, shall be necessary for a choice. Contested elections shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. ML No person shall bo eligible to the office of Governor who shall not have been a citizen of the l 11 ited States fifteen years, and a citizen of this State six years, and who shall not have attained the age of thirty years. 1A . In case of the death, resignation or dis ability of the Governor, the President of the Senate shall exercise the Executive powers of the Government until such disability be re moved or a successor is elected and qualified. And in ease of the death, resignation or disa bility of the President, of the Senate, the Speaker of the House of Representatives shall exercise the Jvxecutive powers of the Govern ment until >('tnoval of the disabil.t v or the election and qualification of a Governor. The General Assembly shall have power to provide by law for filling unexpired terms by a special election. A . Jhe Governor shall, before he enters on the duties of his office, take the following oath or affirmation : ,- I do solemnly swear (or affirm, as the case may he,) that I will faithfully exe cute the office of Governor of the State of Georgia, and will, to the best of my abilities, preserve, protect and defend the Constitution thereof, and the Constitution of the United States of America.” Section IT. I. The Governor shall he Commandcr-in- Chief of the. Army and Navy of this State and of the Militia thereof, 11. lie shall have power to grant reprieves and pardons, to commute penalties, and to remit any part of a sentence for offences against the State, except in eases of impeachment. 111. He sliali issue writs of election to fill all vacancies that happen in the Senate, or House ..f Representatives, and shall have power to convoke. the General Assembly on extraordina ry occasions, and shall give them, from time to time, information of the state cf the Common wealth, and recommend to their consideration suclt measures as he may deem necessary and expedient. > IAT AV'henNgny office shall, become vacant by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise prmided by law; and ’ persons soappointed shall continue in office until a suc cessor is appointed agreeably to the mode ponited out by this Constitution, or by law, in pursuance thereof. V. A person once rejected by the Senate shall not be re appointed by the Governor to the same office during the same session, or the recess thereafter. A I. The Governor shall have the revision of all bills, passed by both Houses, before the same shall become laws, but two-thirds iff each House may pass a law, notwithstanding ins dissent, and if any bill should not be returned by the Governor within five days (Sundays ex ccpted) lifter it has been presented to him, the same shall be a law, unless the General Assem bly, by their adjournment, shall prevent its return. He may approve any appropriation and disapprove any other appropriation in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House. A 11. Every vote, resolution, or order, to which the concurrence of both Houses may he necessary, except on a question of election, or adjournment, shall be presented to the Gover nor, and before it shall Hike effect be approved by him or being disapproved, shall be re pass ed by two-thirds of each House, according to the rules and Citations prescribed in ease of a bill, TD A'lll. There shall be a Secretary of State, a Comptrol er General, a Treasurer and Sur veyor General elected by the General Assembly, and they shall hold their offices for the like period as the Governor and shall have a com petent salary, which shall not be increased, or diminished, during the period for which they shall have been elected. The General Assem bly may, at any time, consolidate any two of these offices and require all the duties to be discharged by one officer. IX. Ihe Great Seal of the Stare shall be de posited in the office of the Secretary of State, and shall not he affixed to nny instrument of writing but bv order of the Governor, or Gen eral Assembly; and that now in use shall be the Great Seal of the State until otherwise pro vided by law. X. The Governor shall have power to ap point his own Secretaries, not ex£*eding two in number, unless more shall beTwlthorized by the General Assmbly. ARTICLE V—JUDICIARY. Section I, I. The Judicial powers of this State shall be vest ed in a Supreme Court, Superior Courts, Courts of Ordinary, Justices of the Peace, Commissioned No taries Public, and such other Courts as have been or may be established by law. Section 11. I. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum. When a majority of the Jndges are disqualified from deciding any ease, by interest or otherwise, the Gov ernor shall designate certain Judges of the Superior Courts to sit iu their stead. At the first appoint ment of .Judges of the Supreme Court under this Constitution, one shall be appointed for four years, one for eight years, and one for twelve years ; but all subsequent appointments, except to*fill unex pited terms, shall be forthe term of twelve years. 11. The Supreme Court shall have no original ju risdiction, but shall be a Court alone for the trial and correction of errors from the Superior Courts, and from the City Courts of and Augusta, and such other like Courts as may be hereafter es tablished in other cities ; and shall sit at the seat of Government at such times iu each year as shall be prescribed by law, for the trial and'determination of writs of error from said Superior and City Courts. The days on which the cases from the several Cir cuits or City Courts shall be taken up by the Court, shall be fixed by law. 111. The Supreme Court shall dispose of every case at the lirot or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the tir3t term to prosecute the case, unless prevented by Providential cause, it shall be stricken from the docket, and the judgment below shall stand affirmed. In any case, the Court YOL. 3. NO.. 19 may, in its discretion, withhold its- judgment until' ; the next term alter thesnine is argued. IN . A\ lien only two Judges sit itr any ease, and they disagree, the judgment below sliali stnuci af j tinned. Section III: ! I- 1 here shall he a Judge of t lie Superior Court.*- j for each Judicial Circuit, lie may act in other Circuits when authorized by law. At the first ap pointment of such Judges under this Constitution,, one half of the numbers (as near as mav be) shall! be appointed for four years, and the other half for eight years ; but all subsequent appointments, ex cept to fill unexpired terms, sliali be for the termi of eight years. .U; rile t-uperior Courts shall have exclusive ju»- risdietion in eases of divorce; in criminal eases,. here the offender issuhject-od to loss of life or con finement in the Penitentiary; in eases respecting titles to land and equity eases, except as hereinafter provided; hut tlie General Assembly shall have power to merge tlie Common Law arid Equity Ju risdiction of said Courts. Said Courts shall 'have jurisdiction iu all other civil eases, except as here inafter provided. I hey shall have appellate juris diction in all sm li eases as may he provided hy law. 1 hey shall have power to correct errors in Inferior Judicatories, by writ of certiorari, which shall onJv issue on the sanction ol the Judex*: a»(f to issue writs ol mandamus, prohibition, scire facias, and' all other vvr*ts that may be neeessarv for carrying their powers fully into effect, and shall have such' other powers as shall lie conferred on them hy law. HI. 1 here shall be no appeal from one jury in: the Superior Courts to another ; but the Court'may grant new trials oh legal grounds. Tlie Court shaft' render judgment without the verdict of a jury in all' civil eases, founded on contract, where an issuable defense is not filed on oath. IV. The Superior Courts shall sit in eaeli County not less than twice in each year; at such times as have been, or may l»o, appointed by law. Section IV. I. Until the General Assembly shall other wise direct, there shall be a District Judge and a District Attorney for each. Senatorial: District in this State. . RR Hie District Judge shall have jurisdic— tion to-hear and determine all offences- not punishable with death or imprisonment in the -1 enitentiary; and it shall he the dutv of the* District Attorney to represent the State in alii cases before the District Judge. 111. The District Judge shall sit at stated' tunes, not less than once in each month in> each County in his District for the trial of of fences, and at such other times as tlie General Assembly may direct. IV. Offences shall he tried before the Di's trict Judge on a written accusation founded on affidavit : said accusation shall plainly sett forth the offence charged, and shall contain the name of the accuser, and be signed by the District Attorney.. - • shall be no jury trial before the District Judge except when demanded by the accused, m which case the jury shall consist of seven. A L Sucli civil jurisdiction may he confer red on the District Judges as the General As sembly may direct. ■ , W /I' I'® 1 '® IhsL'ict Judges and' Attorneys shall hold their offices for a period of four years and shall receive for their services such stated compensation, in their respective Dis tricts, as may he provided l.y law, hut in no event shall their compensation, be in anywise dependent on tines, forfeitures, or costs. Section V. i I' T , Ue ,l',°' vcrs °f a Court of Ordinary and ot Pr®r bate shall he vested in an Ordiuv rfor'each County, from whose,decisions there imi.V «„ so . Wlipeiioi Uowtf under rcgultus * ' ' prescribed taw. W-M* ■* J 11. Tlie Courts of Ordinary shall hare sucli pow el? in relation to roads, bridges, ferries, public buddings, paupers, County officers, County fluids and taxes, and other matters, as shall be conferred on them by law. 111. The Ordinary shall hold his office forthe term ot tour years, aixl until his successor U elected and qualified. Section AT. L There shall be in each District one Justice of the I cace, whose official term, except when elected to lill an unexpired term,,shall be lour years 11. The Justices of the Peace shall have jiurisdic* t ton, except as hereinafter provided, in all-civil cases where the principal sum claimed does not exceed one hundred dollars, and may sit at any time for the trial ol such eases; but in eases where the sum claimed is more than fifty dollars, there may he an appeal to the Superior Court, under such regulations its may be prescribed by law, 111. '1 here shall he no appeal to a fury from the decision of a Justice of the Fcac© except ns provided in the foregoing paragraph. 1A .. Notaries Public may be appointed! and commissioned bv the Governor, not to exceed one for each Militia District, for a term of four years, and shall he cx officio Just ices of the Peace. Section ATI. I. There e-hall lie an Attorney General of the State, whose official term, except when ap. pointed to fill an tmexpired term, shall he four years, 11. It shall he the duty of the Attorney Gen eral to act as the legal adviser of the Executive Department, to represent the State in all civil and criminal cases in the Supreme and Supe rior Courts, when required bv the Governor, and to perform such other services as shall be required of him by law. * Section VIIL I. There shall be a Solicitor General for each Judicial Circuit, whose official term, except when appointed to fill an on expired term shall be four years. 11. It shall be the duty of the Solicitor Gen eral to represent the State in till cases in the Superior Court of his Circuit, and in all cases taken up from his Circuit to the Supreme Court, and to perform such other services as shall be required of him by law. Section IX. I. The Judges of the Supreme and tlie Su perior Courts, the Attorney General, Solicitor General and the District Judges, and Attor neys sliali be appointed by the Governor, with the advice and consent of the Senate, and shall be removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon, 11. 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 for malpractice in office. Section X. I. 1 lie Judges of the Supreme and Superior Courts, ar.d the Attorney and Solicitors Gener al shall have, out of the State Treasury, ade quate and honorable salaries, on tlie specie ba sis, which shall not be increased or diminished during their continuance in office. The Dis trict Judges and District Attorneys shall re ceive, out of the Treasuries of the several Counties of their Districts, adequate compen sation, on the specie basis, which shall not bo 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. 11. The General Assembly shall provide for the equitable apportionment of the compen sation of the District Judges and Attorneys between the Counties composing their Dis tricts, and shall require the moneys arising from tines and forfeitures in the District Courts to be paid into the Treasuries thereof;