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VOL. 5. NO. 50
ATHENS, GEORGIA, SEPTEMBER 4, 1877.
UNIVERSITY OF GEORGIA LIBRARY
OLD SERIES, VOL. 56
CONSTITUTION OF 1877.
The Outcome of the Labors of
the Convention.
The Full Tester the Instrument (arelullyVom-
l>ar<d With tlie Ofllriat Copy.
citizen shall never be the subject of
legislation
Par. 19. The civil authority shall
be superior to the military, and no
soldier shnll, in time of peace, be
Constitution shall not be construed to
deny to the people any inherent rights
which they have hitherto enjoyed.
Article II—Elective Franchise.
Section I. Paragraph 1. In all
quartered in any house, without the i elections by the people the electors
consent of the owner, nor in time of shall vote by ballot.
_ * I- .1 - • *1 __ : 9 a a- » ~
HILL W It Hi IITS.
PREAMBLE.
m , . , »'.,*» to punish for contempt shall be lim-I one year nest preceding the election, j Calhoun ana
Tt» l^fpetuato the principles of free j, e( j legislative acts. land shall have resided six months in t The Tenth
ivernment. insure mstice to all. ore- ! r»..- m o-i l.h i : ? , l. _ir . .. ! he composed
government, insure justice to all, pre- j Pu f of. There shall be no impris
serve peace, promote the interest and | onment f or t | e | >f
happiness of the citizen and to trans- j Par . 2 2. The right of tho people
mil io posterity the enjoyment of lib- * 0 ke an j bear arms shall not be
erty, we, the people of Georgia, rely- infrin ', b , lt lhe General Assembly
ing upon the protection and guidance ] shall fj ave pC)Wer tq prescribe thifinan-
1 4 M rs, F. ht ^ ® 0< ?> or( * ain es ’ j u er in which arms shall be borne,
tnblish this Constitution: j Par Th e legislative, judicial
Article I. land executive powers shall forever
Section I. Paragraph 1. All gov- remain separate and distinct, and no
eminent, of right, originates with the | person discharging the duties of one
The Sixth Senatorial District shall
be competed of the counties of Echols,
Lowndes and Berrien.
The Seventh Senatorial District
shall be comjrased of the counties of
Brooks, Thomas and Colquitt.
The Eighth Senatorial District shall
the counties of Deca-
Miller.
natoricl District shall
he counties of Early,
ker.
material District shall
the county in w ich he offers to vote, I composed u^he counties of Dough-
ami shall have pai.i all ,a«s which District
j war except by the civil magistrates, ! Par. 2. Every male citizen of the : be composed
| in such manner as maybe provided j United States (except as hereinafter !tor, Mitchell
! by law ! provided), tweuty-onc years of age, j The Ninth
, Par. 20. Tho power of the Courts J w ho shall have resided in this State ! be composed
1 .... (j a ihoun and
may hereafter be required of him, and
which he may have had an opportune
ty of paying, agreeably to law, except
for the year of the election, shall be
deemed an elector: Provided, That
no soldier, sailor on marine in the
military or naval service of the United ‘
States shall acquire the rights of an shall be com
elector by reason of being stationtd on
ties of Walker, Dacle and Catoosa.
Par. 3. The General Assembly
may change these districts after each
census of the United States; Provid
ed, That neither the number of districts
nor the number of Senators from each
di-trict shall be increased.
Section HI. Paragraph 1. The
House of Representatives shall eon-
si' t of one hundred and seventy-five
Representatives, apportioned among
the several counties as follows to-writ:
To the six counties having the
viva voce from the Senators.
Par. 3. The Senate shall have the
sole power to try impeachments.
Par. 4. When sitting for that pur
pose the members shall be on oath
or affirmation, and shall he predded
over by the Chief Justice or the
Presiding Justice of the Supreme
Court . Should the Chief Justice be
disqualified, the Senate shall select
the Judge of the Supreme Court to
preside. No person shall he convic
ted without the concurrence of two-
larges population,
Richmond, Burke,
people, is lounded upon their will only, , shall, at the same time, exercise the j duty hi this State, and no person shall
and is instituted solely for the good of | functions of either of the others, ex- ' - !i ~
the whole. Public officers are the
trustees and the servants of the peo
ple, and, at nil times, amenable to
them.
Par. 2. Protection to person and
cept as herein provided.
Par. 24. The people have the right
to assemble peaceably for their com
mon good, and to apply to those vested
with the powers of governmert for
property is the paramount duty of redress of grievances by petition or
government, and shall be impartial and remonstrance.
complete
Par. 3. No person shall be deprived
of life liberty, or property, except by
due process of law.
Par. 4. No person shall be de-
5 rived of the right to prosecute or
efend his own cause in any of the
Courts of this State, in person, by
attorney, or both.
Par 5. Every person charged with
an offense against the laws of this
State shall have the privilege and ben
efit of counsel; shall be furnished, on
demand, with a copy of the accusa
tion, and a list of the witnesses on
whose testimony the charge against
him is founded; shall have compulsory
process to obtain the testimony of his
_ ,qwn witnesses; shall be confronted
with the witnesses testifying against
him; and shall have a public and
speedy trial by an impartial jury
Par. 6. No person shall be com
pelled to give testimony tending in any
manner to criminate himself.
Par. 7. Neither banishment be
yond the limits of the State, nor
whipping, as a punishment for crime,
shall be allowed.
Par. 8. No person shall be put in
jeopardy of life, or liberty, more than
once for the same offense, save on his,
or her, own motion for a new trial
after conviction, or in case of mistrial.
Par. 9. Excessive bail shall not be
required, nor excessive fines imposed,
nor cruel and unusual punishments
inflicted; nor shall any person be
abused in being arrested, while under
arrest, or in prison.
Par. 10. No person shall be com
pelled to pay costs except after con
viction on final trial.
Par. 11. Thewritof habeas corpus
shall no be suspended.
Par 12. All men have the natural
and inalienable right to worship God,
each according to the dictates of his
own conscience, and no human au
thority should, in any case, control or
interfere with such right of conscience.
Par. 13. No inhabitant of this
State shall be molested in person or
property, or prohibited from holding
any public office, or trust, on account
of bis religious opinions; but the
right of liberty of conscience shall not
bo so construed as to excuse acts of
licentiousness, or justify practices in
consistent with the peace and safety of
the State.
Par. 14. No money shall ever be
taken from the public treasury, airect-
ly or indirectly, in aid of any church,
Sumpter, Schl
The Four!
shall bo cnniL
Dooly, Wilco:
Tho Fi"
shall.be com
Montgomery,
Par. 25. All citizens of the United
States, resident io this State, are here
by declared citizens of this State, and
it shall be the dutv of the General
Assembly to enact such laws as will
protect them in the full enjoyment of
the rights, privileges and immunities
due to such citizenship.
Section II. Paragraph 1. In all
piosecutions or indictments for libel
the truth maybe given in evidence;
and the jurv in all criminal cases shall
be the judges of the law and of the
facts. The power of the Judges to
grant new trials in cases of conviction
is preserved. ,
Par. 2. Treason against the State
of Georgia shall consist ol levying war
against her; adhering to her enemies;
giving them aid and comfort. No
person shall be convicted of treason,
j except on the testimony of two wit-
' nesses to the same overt act or com- j 2d
vote who, if challenged, shall refuse to
take tho following oath or affirmation:
“ 1 do swear (or affirm) that I am
twenty-one years of age, have resided
in this State one y«ar, and in this
county six months, next preceaing
this election. I have paid all taxes
which, since the adoption of the pres
ent Constitution of this State, have
been required of me previous to this
year, aud which I have had an oppor
tunity to pay, and that I have not
voted at this election.’’
Section II. Paragraph 1. The Richmond, G1
General Assembly may provide, from The N mete©
time to time, for the registration of all shall be com
electors, but the following classes of
persons shall not be permitted to reg
ister, vote or hold any office, or
appointment of honor or trust in this
State, to-wit: 1st Those who shall
have been convicted, in any Court of
competent jurisdiction, of treason
against the State, of embezzlement of
E ublic funds, malfeasance in office,
ribery or lareeny? or-of tfby crimo
involving moral turpitude, punishable j
shall he composed of the counties of
Clay, Randolph and Terrell.
The Twelfth" Senatorial District
shall lie composed of the counties of
Stewart, IVebafer and Quitman.
The Thirteenth Senatorial District
of the counties of
and Macon.
,h Senatorial District
of the counties of
laski and Dodge.
Senatorial District
kof the counties of
ir and Irwin.
The Sixteenth Senatorial District
shall be composed of the counties of
Laurens, Emanuel and Johnson.
The Seventeenth Senatorial District
shall be composed of the counties of
Screven, Bulloch and Burke.
The Eighteenth Senatorial District
shall be com
viz: Chatham, j thirds of the members present.
Houston, Bihh Par. 5. Judgments in eases of im-
md Fulton, three Representatives. , peachiuent shall not extend further
each; to the twenty-six counties I thau removal from office, and disqual-
having the next largest population, I ification to hold and enjoy any office
viz: Bartow, Coweta, Decatur, Floyd, j of honor, trust or profit within this
Greene, Gwinnett, Harris, Jefferson, State; but the party convicted shall
Meriwether, Monroe, Muscogee,
Newton, Stewart, Sumter, Thomas,
Troup, Washington, Hancock, Car-
roll, Cobb, Jackson, Dougherty,
Oglethorpe, Macon, Talbot and
Wi’kes, two Representatives, each ;
and the remaining 105 conutics, one
Representative each.
Par. 2. The above apportionment
shall be changed by the General As
sembly at its first session, after each
census taken by the United States
Government, so as to give the six
counties having the largest population
three Representatives, each; and the
nevertheless he liable and subject to
indictment, trial, judgment and pun
ishment according to law.
Section VI. Paragraph 1. The
Representatives shall be citizens of
the United States, who have attained
tli • age of 21 years, and who shall
have been citizens of this State for
two years, aud for one year resi
dents of the counties from which
elected.
Par. 2. The presiding officer ol
the House of Representatives shall
be styled the Speaker of the House
of Representatives, and shall be elec-
Taliaferro, Gr
The Twcutiet!
twenty-six counties having the next ted viva voce front the body
largest population two Representatives, j Par. 3. The House of Represents-
of the counties of j each; but in no event shall the aggre- j lives shall have the sole power to im-
sk and Jefferson, ! gate number of Representatives be in- peach all persons who shall have*been
S or may be in office.
Paragraph 1. The j Section VII. Paragraph 1. Each
li.Senatorial District j creased.
of the counties of j Section IV,
fession in open Court.
Par. 3. No conviction shall work
corruption of blood or forfeiture of
estate.
Par. 4. All lotteries and the sale
of lottery tickets are hereby prohib
ited; and this prohibition* shall be
enforced by penal laws.
Par. 5. Lobbying is to be declared
a crime, and the General Assembly
shall enforce this provision by suitable
penalties.
Par. 6. The General Assembly
shall have the power to provide for
the punishment of fraud; and shall
provide, by law, for reaching the
propertv of the debtor concealed from
the creditor.
Sectic^j III. Paragraph 1. In
cases of necessity, private ways may
be granted upon just compensation
being first paid by the applicant.
Private property shall not be taken or
damaged, for public purposes, without
iust and adequate compensation being
first paid.
Par. 2. No bill of attainder, ex post
facto law, retroactive law, or law im
pairing the obligation of contracts, or
making irrevocable grant of special
privileges or immunities, shall lie
and Warren.
Senatorial District
shall be composed of the counties of
Baldwin, Hancock and Washington.
TheTwcnty-fi-irt Senatorial District
shall bo compos'd of the counties of
Twiggs, Wilkin x>n and Jones.
The Twenty : Rccond Senatorial Dis
trict shall Jic^b^^T^sed of. rthe coun-
The Twenty-third Senatorial Dis-
by tbc laws of this State ^fth‘impris- j trict shall be composed of the counties
onment in the penitentiary, unless °f Houston, Crawford and Taylor.
such person shall have been pardoned. I The Twenty-fourth Senatorial Dis- . ratification of
-- trict shall be composed of the counties j General Assembly, after ratmcation ot
Marie
numbers of the General Assembly j jj 0 nse shall be the judge of the elec-
shall be elected, for. two years, and i t - 10n returns and qualifications of its
members, and shall have power
shall serve until their successors are
elected*
Par. 2. The first election for mem
bers of the General Assembly, under
this Constitution, shall take place on
the first Wednesday , in December.
1877; the second election for the same
’shdrbe'heM'YtoWlfm W8dne«Ay
in October, 1880, and subsequent
elections biennially, on that day, until
to
punish them for disorderly behavior
or misconduct by censure, fine, im-
nrisonment or expulsion; but no
member shad be expelled except by a
vote of two-thirds of the House $
wbicUijio.hrinny 4
Par72. Each House ihay punish by
imprisonment, not extending beyond
the session, any person not a member
the day of election is changed by law. ; who shall be guilty of contempt by
Par. 3. The first meeting ot the :i „y disorderly behavior in its pres
Idiots and insane persons.
Par. 15. No law shall ever
passed to curtail, or restrain, the lib
erty of speech of the press; any person
may speak, write, and publish his
sentiments, on all subjects, being re
sponsible for tho abuse of that liberty.
Par. 16. The right of the people
to be secure in their persons, houses,
papers, and effects, against unreason
able searches and seizures shall not be
violated; and no warrant shall issue
excopton probable cause, supported
by oath or affirmatiou, particularly
, describing the place, or places, to be
searched, and the persons and things
to bo seized. . ... ,
Par 17. There shall be within the
Stato of Georgia neither slavery nor
4 involuntaiy servitude, save asapuq-
j ishment for crime after legal convic
lion thereof. , .
Par 18. The social status of the
wF •
Par. 3. No grant of special privi
leges or immunities shall be revoked,
except in sucb manner as to work no
injustice to the corporators or creditors
of the incorporation.
Section IV. Paragraph 1. Laws of
a general nature shall have uniform op
eration throughout the State, and no
s{>ecial law shall be enacted in any
case for which provision has been made
*ect. or denomination of religionists, or . ..
sectarian i^tituUoo.^
be varied in any particular case, by
special legislation, except with the
free consent in writing, of a|l persons
to be afiheted thereby; and no person
under legal disability to contract is
capable of such consent.
Par. 2. Legislative acts in violence
of this Constitution, or the Constitu
tion of the United States, are void,
and the judiciary shall so declare
them. *
Section V. Paragraph 1. The
people of this State have the inherent,
sole and exclusive right of regulating
their internal government and the
police thereof, and of altering and
abolishing their Constitution when
ever itmay beneoessary to their safety
eanmc^Hop of rights
herein contained as a part of this
Section III. Paragraph 1. Elec
tors shall, in all cases, except for
treason, felony, larceny, and breach ot
the peace, be privileged from arrest
their attendance on elections, and in
going to and returning fiom the same.
Section IV. Paragraph 1. No
person who is the holder of any public
money, contrary to law, shall be eligi
ble to any office in this State, until the
same is accounted for and paid into
tho Treasury.-
Par. 2. No person who, after the
adoption of this Constitution, being a
resident of this State, shall have been
convicted of fighting a duel in this
State or convicted of sending, or ac
cepting a challenge, or convicted of
aiding, or abetting such duel, shall hold
office in this State, unless he shall have
been pardoned; and every such person
shall, also, be subject to such punish
ment as may be prescribed by law.
Section V. Paragraph 1. The Gen
eral Assembly shall, by law, forbid the
sale, distribution, or furnishing of
intoxicating drinks within two miles
of election precincts, on days of elec
tion—State, county or municipal—
and prescribe punishment for any
violation of the same.
Section VI. Paragraph 1. Returns
of election for all civil officers elected
by the people, who are to be commis
sioned by the Governor, and, also, tor
the members of the Geueral Assembly,
shall be made to the Secretary of State,
unless otherwise provided by law
Irlirlt III—lA-KiHktirp Ucpartaeat.
Section I. Paragraph 1. Theleg-
islative power of the State shall bo
vested in a Geueral Assembly, which
shall consist of a Senate and House
of Representatives.
Section II. Paragraph 1. The
Senate shall consist ot torty-four mem
bers. There shall be forty-four Sena
lorial Districts, as now arranged by
counties. Each District shall have
one Senator. - '
Par. 2. “The First Senatorial Dis
trict shall be composed of the counties
of Chatham, Bryan and Effingham.
The Second Senatorial District shall
be composed of the oouuties of Liberty,
Tatnail and McIntosh.
The Third Senatorial District shall
be composed of the counties of Wayne,
Pierce and Appling.
The Fourth Senatorial District shall
be composed of the oounties of Glynn,
Camden and Charlton
The Fifth Senatorial District shall
be composed of the counties of Coffee,
Ware and Clinch
larion and Chatta-
of Muscogee,
hoochee.
The Twenty-fifth Senatorial Dis
trict shall be composed of the coun
ties of Harris, Upson and Talbot.
The Twenty-sixth Senatorial Dis
trict shall be composed of the coun
ties of Spalding, Butts and Fayett.
The Twenty-seventh Senatorial
District shall be composed of the
counties of Newton, Walton, Clarke,
Oconee and Rockdale.
The Twenty-eighth Senatorial Dis
trict shall be composed of the counties
of Jasper, Putnam and Morgan.
The Twenty-ninth Senatorial Dis
trict shall be composed of the coun
ties of Wilks, Columbia, Lincoln and
McDuffie.
The Thirtieth Senatorial District
shall be composed of the counties of
Oglethorpe, Madison and Elbert.
e Thirty-first Senatorial District
shall be composed of the counties of
Hart, Habersham and Franklin.
The Thirty-second Senatorial Dis
trict shall be composed of the counties
of White, Dawson and Lumpkin.
The Thirty-third Senatorial Dis
tritt shall be composed of the counties
of Hall, Banks and Jackson.
The Thirty-fourth Senatorial Dis
trict shall be composed of the counties
of Gwinnett, DcKalb and Henry
The Thirty-fifth Senatorial District
shall be composed of the counties of
Claytou, Cobb aud Fulton.
The Thirty-sixth Senatorial District
shall be composed of the counties of
Campbell, Coweta, Meriwether and
Douglas.
The Thirty-seventh Senatorial Dis
trict shall he composed of the counties
of Carroll, Heard and Tronp.
The Thirty-eighth Senatorial Dis
trict shall he composed of the counties
of Haralson, Polk and Paulding.
The Thirty-uiuth Senatorial Dis
trict shall be composed of the counties
of Mi ton. Cherokee and Forsyth.
The Fortieth Senatorial District
shall be composed oi the counties of
Union, Towns and Rabun.
The Forty-first Senatorial District
shall be composed of the cbuuties of
Pickens, Fannin and Gilmer. .* *
The Forty-second Senatorial Dis
trict shall be composed of the coun
ties of Bartow, Floyd and Chattoo-
The Forty-third Senatorial District
shall be composed of the counties of
Murray, Gordon and Whitfield.
this Constitution, shall be on the first
Wednesday in November, 1878, and i
subsequent meetings biennially there
after, on the same day, until the day
shall be changed by law. Bnt noth
ing herein contained shall be construed
to prevent the Governor from calling
an extra session of the General Assem
bly before the first Wednesday in
November, 1878, if. in his opinion,
the public good shall require it.
Par. 4. A majority of each House
shall constitute 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.
Par 5. Each Senator and Repre
sentative, before taking his seat, shall
take the following oath, or affirmation,
to-wit: “ I will support the Constitu
tion of this State and of the United
States, and on all questions and meas
ures which may come before me, I
will so conduct myself as will, in my
judgment, be most conducive to the
interest and prosperity of this State.”
Par. 6. No sesssion of the General
Assembly shall continue longer than
forty days, unless by a two-thirds
vote of tho whole number of each
House. • i
Par. 7. No person holding a mili
tary commission or other appoint
ment or office having any emolument
or edmpensation annexed > thereto
under this State or the Unitcd States,
or either of them, except Justices ot'
the Peace and officers of the militia,
nor any deta - liter tar public money or
for any legal taxes required of him,
shall have a seat in either House; n jr
shall any Senator or Representative,
after his qualification as such, be elec
ted by the General Assembly or ap-
■pointed by the Governor, either with
or without the advice and consent of
tho Senate, to any office or appoint
ment having any emolument annexed
thereto during the time for which he
shall have been elected.
P ir. 8. The seat of a member of
either House shall be vacated ou his
removal from tho District or county
from which he was elected.
Section V. Paragraph 1. The
Senators shall bo citizens of the Uni
ted States, who iiave attained the
age of 25 years, and who shall have
been citizens of this Stale for four
years, and for one year residents of
the District from which elected.'
' Par. 2. The presiding officer of the
ence, or who shall rescue, or attempt
to rescue, any person arrested by or
der of either House.
Par. 3. The members of both
Houses shall be free from arrest dur
ing their attendance on the Genera!
Assembly aud in going thereto and
returning theretrom, except for treas
on, felony, larceny or breach of the
K eacc; and no member shall be
able to answer in any other place for
anything spoken in debate in eithet^
House.
Par. 4. Each House shall keep a
journal of its proceedings, and pub
lish it immediately after its adjourn
ment.
Par. 5. The original journal shall
be preserved after publication in the
office of the Secretary of the State,
but there shall be no other record
thereof.
Par. 6. The yeas and nays on any
(question shall, at the desire of one-
fifth of the members present, be en
tered on his journal.
Par. 7. Every bill, before it shall
pass, shall be read three times and on
three separate days, in each House,
unless in cases of actual invasion or
insurrection.
Par 8. No law or ordinance ^hall
pass which refers to more than one
subject matter, or contains matter
different from what is expressed in
the title thereof.
Par. 9. The general appropriation
bill shall embrace nothing except ap
propriations fixed by previous laws,
the ordinary expenses of the execu
tive, legislative and judicial depart
ments of the government, payment
of the public debt and interest there
on, and for support of the public in-
slitututions and educational interests
of the State. All other appropria
tions shall be made by separate bills,
each cmbi'acing but one subject.'
Par. 10. AU bills raising revenue
or appropriating money shall origi
nate in the House of Representatives,
but the Senate may propose or concur
in amendments, as in other bills.
Par.-11. No money shall be drawn
from the Treasury except by appro
priation made by law, and a regular,
statement and account of the receipt
and expenditure of all public motley
shall be published every three months,
and, also, with the laws passed by
*' ‘ • ~ il Ass
The Forty-fourth Senatorial Dis- Senate shall be styled the President
trict shall be oomposed of the coun- of the Seriate, and shall be eleote
each session of the General AssqnG
12. No bill , or- resolution
appropriating money shall become a
law unless, upon its} passage, ifie
