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w s nmtian. 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