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Site (Dglrlliorpc d;dia.
T. L. CANTT a
Editor, Publisher and Proeuiltop..
Friday Morn In-, ... Angntit 31, 1577.
SHORT Stops.—We think it due our pres
ent able Representatives to the Legislature
that they be unanimously returned at the
new election to be held in December next.
They did able service the last term, and are
worthy this renewed endorsement by their
constituency.
W e were lavored with a fine shower Tues
day evening.
Several communications aid advertise
ments crowded out this week.
The new organ for the Lexington Baptist
Church has arrived.
Mr. John W. Wright, of Woodstock, lost a
little child on Monday last.
W hile other districts in our countv are bless
ed with abundant crops, the farms in Sim
ston, Woodstock and Bowling Green have
suffered so badly for rain that the planters
are in despaire. Many will not make cotton
enough to pay for the guano used.
Cotton is opening very last, and we shortly
look for the first hale.
Messrs. Smith & Young will shortly put in
operation a superb syrup mill and evaporator,
and grind for the public.
Mr. Wm. Gottheiiner has for sale the best
five cents cigar ever offered in this county. It
has a genuine Havana filler, and smokes de
licious. Buy one.
Judge Platt says that if he can make cer
tain arrangements he will re-open business in
Lexington this fall.
Our new advertisements will be noticed
next week.
Jack Bell.— We learn that on Thursday
of last week this “honorable gentleman’s”
cranium came,in contact with a piece of ox
yoke, from the hands of another colored man
named Ned Jewell, and that in consequence
of the blow our “gifted ex-statesman” lies in
a very precarious condition. It appears that
Jack, who runs a farm under a very inferior
fence, has been in the habit of killing and
maiming all stock that trespassed on his ter
ritory. Ned had been it sufferer, and on the
day in question hearing a hog squealing in
Jack’s field, started out to investigate the mat
ter. Sure enough, he found the old scoundrel
torturing a porker, when Ned proceeded to
remonstrate with Bell on the wrong he was
doing his neighbors by such acts. Jack said
it was not Ned’s hog he was killing, but ifone
came into his field he would serve it in a like
manner. This threat naturally brought a
sharp reply from Ned, when Jack gathered a
rock and hurled it at him. Ned’s wife at this
juncture came to the front and gave the as
sailant a severe blow beside the head. Now
thoroughly enraged, Bell aimed a murderous
blow with a stone at Ned, but a fence fortu
nately intervened and saved his life. While
hunting for another missile, the old renegade
received the blow that we hope will termi
nate his miserable existence. Jack Bell has
made himself obnoxious to both races in this
county, and the news of his death would be
received with joy by nearly every one.
The New Constitution. —We this week
.surrender the greater part of our space to the
publication of the Constitution adopted bv the
recent Convention, It is an important docu
ment, and should be carefully read and stud
ied by every freeman in Georgia. We have
not a thought but that every voter will find
.one or more flaws in this instrument, but
bear in mind that no body of men can draft
laws to suit every case—that is an impossi
bility. But the question you should ask your
self ought to be, “Is NOT THE N E\V CONSTITU
TION PREFERABLE TO THE ONE UNDER
WHICH WE NOW LIVE?” It appears tons
.that any unbiased man must at once decide
in the elfirmative. While the Convention, in
our mind, “ has done several things which
they should nos have done, and left undone
things which they should havedoue,” we look
this :' > aim ait, i, teen as a whole, as one
.f? .eh ay. and as an organic law that
will pi . , i' psio :es- value to the people of
Georgia if it is ratified; and we helive that
(the voters of Georg a will insure its adoption
by many thousands
The Constitution will i>e found in full in
>ur columns this week, with the exception of
the article on Judiciary, which will be pub
lished in our next.
The Convicts. —A gentleman who Las
just returned 1- m: . vi-h i the convict camp
in Greene (Minty iys that a cut two weeks
since . n attempt was made by the Oglethorpe'
rioters to escape. A “ trusty” furnished them
with a file, and the prisoners cut their shack
les so ne irly in two that by a sudden spring 1
.they would be released, when it was their m
lention to make an unexpected boit while on
their way to work, and run lor liberty. But
Luke, it appears, in bis anxiety to “make
assurance doubly sure,” overdid the business
and at his first step the chains dropped from
him. This lead to an inspect.or. by the guard,
when the seht me was exposed and the prison-;
•ers soundly whipped, together with the offen
ding “ trusty,” and their chains doubled. Ol
iver Williams attempted a bolt on a small
scale, but was recaptured by a “trusty.” Our
informant tolls us that he never saw a finer
crop than that on the convict farm. The pris
oners are cheerful, well eared for, not over
worked, and look with great pleasure to the
visits from Mr. Alexander, who always has a
kind word and some little present for them.
RELIGIOUS).—Thr Rev. Henry Newton .will
hereafter preach in the Presbyterian Church
at Woodstock on the 2d Sabbath—morning
and night.
The Rev. 0. P. Simmons has a regular ap
pointment at the Methodist Church in Wood
stock on the third Sabbath and Saturday be
fore.
An interesting revival has just closed at the
Methodist Church at Woodstock. Result,
four additions.
The Lexington Presbyterian Church will
•receive several additions to their membership
at next meeting.
A most satisfactory revival is in progess at
Crawford this week.
A Vile —On our return home
last Sunday wc were shocked to learn that a
most lovely and popular young lady of North
Georgia, well known in this county, had left
•for Washington City with a married Con
gressman, to become his mistress. There nev
er was a viler slander uttered. We met the
young lady in question at a camp meeting in
White county, since the reported elopement,
and therefore feel authorized in denouncing
the rumor as utterly false. The originator
should make all reparation in his power for
the groes injustice lie has done this pare and
amiable lady, without delay.
PERSONAL. Lieutenant-Governor Sims
and lady, of Mississippi, are on a visit to
their friends in this village.
Col. T. S. Gresham was summoned home
from the \\ hite Sulphur Springs, last Satur
day, by the announcement of the illness of
his little grand-daughter. We were glad to
see such an improvement in his health.
Drs. W. M. Willingham and Alfred Oliver j
are on a tour to the mountains.
Mr. Joe Tolbert and family, of Madison !
oounty, have settled near Lexington.
OCR Return.—The Editor of this paper I
•last week reached home from a twelve days’ ■
tramp among the mountains and wonders" of '
North Georgia. Next week we will begin a
series of sketches ot our wanderings, under
the caption of “ Roughing It.” We saw tine
crops along the entire route. The apple crop
is a failure. Every man we ntef was abusing
the Convention, for holding forth so long ami
going beyond the prescribed limits of *25.000.
Better than Hot Springs—Dß. DUR
HAM'S BLOOD PURIFIER.
DURHAM’S LIVER PILLS
have no superior as a family pill.
For all Impurities of the Blood, take
DR. DURHAM’S BLOOD PURIFIER.
I>R. DURHAM’S PILLS and BLOOD
PURIFIER are not secret, nor patentnos
'trums, but their formulas are open to the in
spection of any one.
Every family should keep a box of DR
DURHAM’S VEGETABLE LIVER PILLS.
For sale by Smith & Young, Lexington, and
Jill dealers ia medicines, mvll-bm
THE NEW CONSTITUTION
OF GEORGIA.
Kill of Right*.
PREAMBLE.
To perpetuate the principles of free
government, insure justice to all, pre
serve peace, promote the interest and
happiness of the citizen, and transmit to
posterity the enjoyment of liberty, we,
the people of Georgia, relying upon the
protection and guidance of Almighty
God, do ordain and establish this consti
tution :
ARTICLE I.
Section I. Paragraph 1. All govern
ment, of right, originates with the peo
ple, is founded upon their will only, and
is instituted solely for the good of the
whole. Public officers are the trustees
and the servants of the people, and at
all times, amendable to them.
Par. 2. Protection to person and prop - !
erty is the paramount duty of govern- j
eminent, and shall be impartial and coni- i
plete. ;
Par. 3. No person shall be deprived of j
life, liberty, or property, except by due !
process of law.
Par. 4. No person shall be deprived of
the right to prosecute or defend his own I
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 benefit of counsel;
shall be furnished, on demand, with a
copy of the accusation, and a list of the
witnesses on whose testimony the charge
against him is founded; shall have com
pulsory process to obtain the testimony
of his own witnesess; shall be confronted
with the witnesses testifying against him ;
and shall have a public and speedy trial
by an impartial jury.
Par. G. No person shall be compelled
to give testimony tending in any manner
to criminate himself.
Par. 7. Neither banishment beyond the
limits of the State, nor whipping, as a
punishment for crime, shall be allowed.
Par. 8. No person shall he put in jeo
pardy oflife or liberty, more than once
for the same offense, save on his, or her,
own motion fora new trial after con vic
tion, or in case of mistrial.
Par. 9. Excessive bail shall not be
required, nor excessive lines 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 compelled
to pay costs except after conviction on
final trial.
Par. 11. The writ of habeas corpus
shall not be suspended.
Par. 12. All men have the natural and
inalienable right to worship God, each
according to the dictates of his own con
saience, and no human authority 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 ofhis religious
opinions; but the right of liberty of con
science shall not be so construed as to
excuse acts of licentiousness, or justify
practices inconsistent with the peace and
safety of the State.
Par. 14. No money shall ever be taken
from the public treasury, directly or in
directly in aid of any church, sect, or de
nomination of religionists, or ofany sec
tarian institution.
Par. 15. No law shall ever be passed
to eu rtaii, or restrain, the liberty of speech
of the press; auy* person may speak,
write and publish his seutimenjts, on all
subjects, being responsible for the abuse
of that liberty.
Par. 10. The right of the people to be
secure in their persons, houses, papers,
and effects, against unreasonable searches
and seizures, shall not be violated; and
no warrant sha.il issue except on proba
ble cause, supported by oath, or affirma
tion particularly describing the place, or
places, to be searched, and the person
and things to be seized.
Par. 17. There shall be within the
State of Georgia neither slavery nor in
voluntary servitude, save as a punish
ment for crime after legal conviction
thereof.
Par. 18. The social status of the citi
zen shall never be the subject of legisla
tion.
l'ar. 19. The civil authority shall be
superior to military, and no soldier shall,
in time of peace, be quartered in any
bouse without the consent of ttie owner,
nor in time of war, except by the civil
magistrate, in such manner as may be pro
vided by law.
Par. 20. The power of the courts to
punish for contempt shall be limited by
legislative acts.
Par. 21. There shall be no imprison
ment for debt.
Par. 22. The right of the people, to keep
and bear arms, shall not be infringed, but
the general assembly shall have power to
prescribe the manner in which arms shall
he borne.
Par. 22. The legislative, judicial and
executive powers shall forever remain
separate and distinct, and no person dis
charging the duties of one, shall, at the
same time, exercise the functions of
either of the others, except as herein pro
vided.
Par. 24. The people have the right to
assemble peaceably for their common
good, and to apply to those vested with
the powers of government for redress of
grievances by petition or remonstrance.
Par. 25. All citizens of the United
States, resident in this state, are hereby
declared citizens of this State, and it shall
be the duty 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 11. Par. 1. In all prosecutions
or indictments for libel the truth may
be given in evidence; and the jury in all
criminal cases, shall be the judges of the
law 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 of levying war
against her; adhering toiler enemies:
giving them aid and comfort. No per
sou shall he convicted of treason, except
on the testimony of two witnesses to the
same overt act, or confession in open
court.
Par. 3. No conviction shall work cor
ruption of blood, or forfeiture of estate.
Par. 4. All lotteries, aud the sale of
lottery tickets are hereby prohibited ; aud
i this prohibition stall be enforced by
■ penal laws.
Par. 5. Lobbying is declared to be a
j crime, and the general assembly shall en
force this provision by suitable penalties.
Par. 6. The general assembly shall
have the power to provide for the pun
ishmeut of fraud ; and shall provide, by
law, for reaching the property of the
debtor concealed from the creditor.
Section 111. 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 pur
poses, without just and adequate compen
sation being first paid.
Par. 2. N o bill of attainder, ex postfacto
law, retroactive law-, or law impairing
the obligation of-'intracts. or making ir
* revocable grant of special privileges or
j immunities, shall be passed,
j Par. 3. No grant of special privileges
or immunities shall be revoked, except in
such manner as to work no injustice to
j the corporators or creditors of the incar
j poration.
' Section 4. Paragraph 1. Laws of q
general nature shall have uniform ope
ration throughout the State, an no spe
cial law shall be enacted in any case for
which provision has been made by an ex
isting general law. No general law
affecting private rights, shall be
varied in auy particular case, by
special legislation, except with the free
consent, in writing, of all persons to be
affected thereby; and no person under
legal disability to contract, is capable of!
such consent.
Par. 2. Legislative acts in violence of;
this constitution, or the constitution of;
the United States, are void, and the ju- j
diciary shall so declare them.
Section* 5. Par. 1. The people of this
State have the inherent, sole and exclu
sive right of regulating their internal
government, and the police thereof, and
of altering and abolishing their constitu
tion whenever it may be neeessa ry to
their safety and happiness.
Par. 2. The enumeration of rights
herein contained as a part of this consti- i
tu tion,shall not be construed to deny to the
people and adherent rights which they
may have hitherty enjoyed.
article ii.—elective franchise.
Section I. Paragraph 1. In all elec
tions by the people, the electors shall
vote by ballot.
Par. 2. Every male citizen of the Uni
ted States (except as hereinafter provi
ded), twenty-one years of age, who shall
have resided in this state one year next
preceding the election, and shall have
resided six months in the county in which
he ofi'eis to vote, and shall have paid all
tax'es which may hereafter be required of
him and which he may have had an op
portunity of paying, agreeably to law,
except for the year of the election, shall
be deemed an elector: Provided, that
no soldier, sailor or marine in the mili
tary or naval service of the United States,
shall acquire the rights of an elector, by
reason of being stationed on duty in this
state ; and no person shall vote who, if
challenged, shall refuse to take the fol
lowing oath, or affirmation : “ I do swear
(or affirm) that I am twenty-one years of
age, have resided in this state one year,
and in this county six months, next pre
ceding this election. I have paid all
taxes which, since the adoption of the
present constitution of this state, have
been required of me previous to this year,
and which I have had an opportunity to
pay, and that I have not voted at this
election,”
Section 11. Paragraph 1. The general
assembly may provide, from time to
time, lor the registration of all electors,
but the following classes of persons, shall
not be permitted to register, vote or hold
any office, or appointment of honor or
trust in this state, to-wit: Ist. Those who
shall have been convicted, in any court
of competent jurisdiction, of treason
against the state, of embezzlement of
public funds, malfeasance in office, bri
bery or larceny, or of any crime involv
ing moral turpitude, punishable by the
laws of this with imprisonment in the
penitentiary, unless such person shall
have been pardoned. 2d. Idiots and
insane persons.
Section 111. Paragraph 1. Electors
shall, in all cases, except for treason, fel
ony, larceny and breach of the peace, be
be privileged from arrest during their at
tendance on elections, and in going to
and returning from the same.
Section IV. Paragraph 1. No person
who is the holder of any public money,
contrary to law, shall be eligible to any
office in this state, until the same is ac
counted for and paid into the treasury.
Par. 2. No person who, after the adop
tion of this constitution, being a resident
of this state, shall have been convicted
of fighting a duel in this state, or con
victed of sending, or accepting a chal
lenge, or convicted of aiding, or abetting
such duel, shall hold office in this slate,
unless lie shall have been pardoned ; and
every such person shall, also, be subject
to such punishment as may be prescribed
by law.
Section V. Paragraph 1. The gener
al assembly shall, by law, forbid the sale,
distribution, or furnishing of intoxica
ting drinks within two miles of election
precincts, on days of election—state,
county or municipal—and prescribe pun
ishment 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 commissioned
by the governor, and, also, for the mem
bers of the general assembly, shall be
made to the secretary of State unless oth
erwise provided by law.
ARTICLE 111 LEGISLATIVE DEPART
MENT.
Section I. Paragraph 1. The legisla
tive power of the State shall he vested
in a general assembly which shall con
sist of a senate aud house of representa
tive.
Section 11. Paragraph 1. The senate
shall consist of forty-four members.
There shall be forty-four senatorial dis
tricts, as now arranged by comities.
Each district shall have one senator.
Par. 9. The first senatorial district
shall be composed of the counties ol
Chatham, Bryan and Effingham.
The second senatorial district shall be
composed of the counties of Liberty, Tat
uall aud Mclntosh.
The third senatorial district shall be
composed of the counties of Wayne,
Pierce and Appling.
The fourth senatorial district shall be
composed of the counties of Glyun, Cam
den and Charlton.
The fifth senatorial district shall be
composed of the counties ofCofl'ee, Ware
and Clinch.
The sixth senatorial district shall he
composed of the counties of Echols,
Lowndes and Berrien.
The seventh senatorial district shall
be composed of the counties of Brooks,
Thomas and Colquitt.
The eighth senatorial district shall be
composed of the counties of Decatur,
Mitchell and Miller.
The ninth senatorial district shall be
composed of the counties of Early, Cal
houn and Baker.
The tenth senatorial district shall be
composed of the counties of Dougherty,
Lee aud„Worth.
The eleventh senatorial district shall
he composed of the counties of Clay,
Randolph and Terrell.
The twelfth senatorial district shall be
composed of the counties of Stewart,
Webster and Quitman.
The thirteenth senatorial district shall
be composed of the counties of Surpter,
Schley and Macon.
The fourteeth senatorial district shall
be composed of the counties of Dooly,
Wilcox, Fulaski and Dodge.
The fifteenth senatorial district shall
be composed of the counties of Montgom
ery. Telfair and Irwin.
The sixteenth senatorial district shall
be composed of counties of Laurens,
Emanuel and Johnson.
The seventeenth senatorial district
shall be composed of the counties of
Screven, Bullock and Burke.
The eighteenth senatorial district shall
he composed of the counties of Rich
j mood, Glasscock and Jefferson.
The nineteenth senatorial district shall
; be composed of of the counties of I'ulia
ferro. Green and Warren.
The twentieth senatorial district shall
be composed of the counties of Baldwin,
Hancock and Washington.
fhe twenty-first senatorial distrietshall
be composed of the counties of Twiggs,
Wilkinson and Jones.
Ihe twenty-second senatorial district
shall he composed of the counties of
Bibb, Munroe and Pike.
The tweqty-third senatorial district
shall be composed of the counties of
Houston, Crawford and Taylor.
The twenty-fourth senatorial district
shall be composed of the counties of
Muscogee, Marion and Chattahoochee.
The tweuty-fiflh senatorial district
shall be composed of the counties of
Harris, Upson and Talbot.
The twenty-sixth senatorial district
shall be composed of the counties of
Spadling, Butts and Fayette.
liie twenty-seventh senatorial district
shall be composed of the counties of
Newton, Walton, Clarke, Oconee and
Rockdale.
The twenty-eighth senatorial district
shall be composed of the counties of
Jasper, Putnam and Morgan.
The twenty-ninth senatorial district
shall be composed of the counties of
Wilkes, Columbia, Lincoln and McDuf
fie.
The thirtieth senatorial district shall
be composed of the counties of Ogle
thorpe, Madison and Elbert.
The thirty-first senatorial distrietshall
be composed of the counties of Hart,
Habersham and Franklin.
The thirty-second senatoiial district
shall be composed of the counties of
White, Dawson and Lumpkin.
The thirty-third senatorial district
shqli fie composed of the counties of Hall,
Banks and Jackson.
The thirty-fourth senatorial district
shall be composed of the counties of
Gwinnett, DeKalbaud Henry.
The thirty-fifth senatorial distrietshall
be composed of the counties off Clayton,
Cobb and Fulton.
The thirty-sixth senatorial district
shall be composed of the counties of
Campbell, Coweta, Meriwether and
Douglass.
The thirty-seventh senatorial district
shall be composed of the counties of Car
roll, Heard and Troup.
The thirty-eight senatorial district
shall be composed of the counties of
Haralson, Polk and Paulding.
The thirty-ninth senatorial district
shall be composed of the counties of Mil
ton, Cherokee and Forsyth.
The fortieth senatorial distrietshall be
composed of the counties of Union,
Towns and Rabun,
The forty-first senatorial district shall
be composed of the counties of Pickens,
Fannin and Gilmer.
The forty-second senatorial district
shall be composed of the counties of
Bartow, Floyd and Chattooga.
The forty-third senatorial district shall
be composed of the counties of Murray,
Gordon and Whitfield.
The forty-fourth senatorial district
shall be composed of the counties of
Walker, Dade and Catoosa.
Par. 3, The general assembly 7 may
change these district after each census of
the United States : Provided, That nei
ther the number of districts nor the num
ber of senators from each district shall
be increased.
Section 111. Paragraph 1. The house
of representatives shall consist of one
hundred and seventy-five representatives,
apportioned among the several counties
as follows, to-wit: To the six counties
having the largest population, viz:
Chatham, Richmond, Burke, Houston,
Bibb and Fulton, three representatives,
each ; to the twenty-six counties having
the next largest population,viz: Bartow,
Coweta, Decatur, Fioyd, Greene, Gwin
nett, Harris, Jefferson, Meriwether, Mon
roe, Muscogee, Newton, Stewart,
Sumter, Thomas, Troup, Washington,
Hancock, Carroll, Cobb, Jackson,Dough
erty, Oglethorpe, Macon, Talbot and
Wilkes, two representatives, each; and
the remaining 105 counties, one repre
sentative each.
Par. 2. The above apportionment shall
be changed by the general assembly at
its first session after each census taken
by the United States government, so as
to give the six counties having the larg
est population tiiree representatives,
each ; and the twenty-six counties having
the next largest population two repre
sentatives, each; butin no event shall
the aggregate number of representatives
be increased.
Section IV. Paragraph 1. The mem
bers of the general assembly shall he
elected for two years, and shall serve
until their successors are elected.
Par. 2. The first election for members
of the general assembly, under this con
stitution, shall take place on the first
Wednesday in December, 1877, the sec
ond election for the same shall be held
on the first Wednesday in October, 1880,
and subsequent election biennially, on
that day, until the day of election is
changed by law.
Par. 3. The first meeting of the gener
al assembly, after ratification of this con
stitution, shall be on the first Wednes
day in November, 1878, and subsequent
meetings biennially thereafter, on the
same day, until’the day shall be changed,
by law. But nothing herein contained
shall be coustrued to prevent the gov
ernor from calling an extra session of
the general assembly 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 adjouru from
day today and compel the presence of
its absent members, as each house may
provide.
Par. 5. Each senator and representa
tive, before taking his seat, shall take the
following oath, or affirmation, to-wit:
“ I will support the constitution of this
State, aud of the United States, and on
all questions and measures which may
come before me, 1 will so conduct myself
as wjll, in my judgement, be most con
ductive to the interest and prosperity of
this State.”
Par. G. No session of the general assem
bly shall continue longer than forty days,
unless by a two-thirds vote of the whole
number of each house.
Par. 7. No person holding a military
commission or other appointment or of
fice having any emolument or compen
sation annexed thereto under this State
orjthe United States, or either of them,
except justices of the peace and officers
of the militia, nor any defaulter for pub
lic money or for any legal taxes required
of him shall have a seat in either house ;
nor shall any senator or representa
tives, after his qualification as such, be
elected by the general assembly or ap
pointed by the governor, either with or
without the advice and consent of the
senate, to any office or appointment hav
ing an emolument annexed thereto du
ring the time for which he shall have
been elected.
Par. 8. The seat of a member of either
house shall be vacated on his removal
from the district or county from which be
was elected.
Section V. Paragraph 1. The sena
tors shall be citizens of the United States,
who have attained the age of 2d years,
and who shall have been citizens af this
State for four years, and lor one year
residents of the district from wh;eh elec
ted.
Par. 2. The presiding officer of the
senate shall be styled the President of
the Senate, and shall be elected viva voce
from the senators
Par. 3. The senate shall have the pow
er to try impeachments.
Par. 4. \V l;eti sitting for that purpose,
the members shall be on oath or alfirma
tioiv, and shill be presided over by the
chief justice qr 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 be convicted
without the concurrence oftwp-thirds of
the members present.
Par. 5. Judgments in cases of im
peachment, shall not extend further
than removal from office, and disqualifi
cation to hold and enjoy any office of
honor, trust or profit within this state:
but the party convicted shall neverthe
less be liable and subject to indictment,
trial, judgment and punishment accord
ing to law.
Section VI. Paragraph 1. The repre
sentatives shall be citizens of the United
States who have attained the age of 21
years, and who shall have been citizens
of this state for two years and for one
year residents of the counties from which
elected.
Par. 2. The presiding officer of the
house of representativessshall be styled
the Speaker of the House of Represents
tives, and shall be elected viva voce from
the body.
Par. 3. The house of representatives
shall have the sole power to impeach all
persons who shall have been or may be
in office.
Section VII. Paragraph 1. 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
censure, fine and imprisonment or expul
sion ; but no member shall be expelled
except by a vote of two-thirds of the
house to which he belongs.
Par. 2. Each house may punish by
imprisonment not extending beyond the
session, any person not a member, who
shall be guilty of contempt by any dis
orderly behavior in its presence, or who
shall rescue or attempt to rescue any
person arrested by order of either house.
Par. 3. The members of both houses
shall be free from arrest during their at
tendance oil the general assembly and in
going thereto and returning therefrom,
except for treason, felony, larceny or
breach of the peace; and no member
shall be liable, to answer in any other
place for anything spoken in debate in
either house. ’
Par. 4. Each house shall keep ajour
mil of its proceedings, and publish it
immediately after its adjournment.
Par. 5. The original journal shall be
preserved after publication in the office
of the secretary of 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 member present, be entered on the
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 shall 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 appropria
tions fixed by previous laws, the ordinary
expense of the executive, legislative and
judicial departments of the government,
payment oftbe public debt and interest
thereon, and for support of public insti
tutions and educational interests of the
State. All other appropriations shall be
made by separate, bills ; each embracing
but one subject.
Par. 10. Ail bills for raising revenue
or appropriating money shall originate
in the house of representatives, but the
senate may propose or concur in amend
ments, as in other bills.
Par. 11. No money shall be drawn
from the treasury except by appropria
tion made by law, and a regular statement
and account of the receipt and expendi
ture of all public money shall be publish
ed every three months, and, also, with
the laws passed by each session of the
general assembly.
Par. 12. No bill or resolution appro
printing money shall become a law unless,
upon its passage, .the yeas and nays, in
each house, are recorded.
Par. 13. All acts shall be sighed by
the president of the senate and the
speaker of the house of representatives,
and no bill, ordinance or resolution, in
tended to have the effect of a law, which
shall have been rejected by either.house,
shall be again proposed during the same
session, under the same or any other title,
without the consent of two-thirds of the
house by which the same was rejected.
Par. 14. No hill shall become a law
unless it shall receive a majority of the
votes of all the members elected to each
house of the generable assembly, and it
shall, in every instance, so appear on the
journal.
Par. 15. All special or local bills shall
originate in the house of representatives.
The speaker of the house of representa
tives shall, within five days from the or
ganization of the general assembly, ap
point a committee, consisting of one from
each congressional district, whose duty
it shall be to consider and consolidate
atl special and local hills, on the same
subject, and report the same to the house;
and no special qr local bill shall be ie e
or considered by the house until the sa.n: j
has been reported by said committee,
unless by a two thirds vote. And no
bill shall be considered or reported to the
house by said committee, unless the same
shall have been laid before it within fif
teen days after the organization of the
general assembly; except by a two-thirds
vote.
Par. 16. No local or special bill shall
be passed, unless notice of the intention
to apply therefor shall have been pub
lished in the localty where the matter
or thing to be effected nay be situated,
which notice shall be given at least thir
ty days prior to the introduction of such
bill into the general assembly, and in
the manner prescribed by law. The
evidence of such notice Laving been pub
lished, shali be exhibited in the general
assembly before such act shall be passed.
Par. 17. No law, or section of the
code, shall be amended or repealed by
mere refeien'ce to its title, or to the num
ber pf the section of the code, but the
amending, or repealing act, shall distinct
ly describe the law to be amended or re
pealed, as well as the alteration to be
made.
Par. 18. The general assembly shall
. have no power to gnn corporate powers
1 and privileges to private companies, ex
i uept banking, insurance, railroad, canal,
; navigation, express and telegraph cora
| pan es ; cor to make or change election
! preesnets : nor to change names or legi
; timiz" children ; but it shall prescribe bv
[ law the manner in which such powers
: shall be exercised by the courts.
Par. 19. The general assembh' shall
'have no power to relieve principals or
securities upon forfeited recognizances,
from the payment thereof, either before
or alter judgement thereon, unless the
principal in the recognizance shall have
been apprehended and placed jn the
custody of tlie proper officer.
Par. The general assembly shall not
authorize the construction of any street
passenger railway \yithin the limits of
any incQrpirated town or city without
the consent of the corporate authorities.
Par. 21. Whenever The constitution re
quires a vote of two thirds of either or
both houses for the passing of an actor
resolution, the yeas and nays on the pas
sage thereoi shali be entered on the lour
ual.
Par. 22. The general assembly shall
have power to make all laws and ordi
nances consistent with this constitution,
and not repugnant to the constitution of
the United States, which they shall
deem necessary and proper for the wel
fare of the State.
Par. 23. No provision in this constitu
tion for a two-thirds vote of both houses of
the general assembly shall be construed
to waive the necessity for the signature
of the governor, us in any other ease, ex
cept in the case of the two-thirds vote
required to override the veto, and in case
of prolongation of a session of the gener
al assembly.
Par. 24. Neither hou?c shall adjourn
for more than three days, or to any other
place, without the consent of the other,
and in case of disagreement between the
two houses, on a question of adjournment,
the governor may adjourn either, or both
of them.
Section \ 111. Par. }■ The officers
of the two houses, other than the presi
dent and speaker, shall be a secretary of
the senate and clerk of the house of rep
resentatives, and such assistants as they
may appoint; but the clerical expenses
of the senate shall not exceed sixtj dol
lars per day, for each session, nor those
Qfthe house of representatives seventy
dollars per day for each session. The
secretary of the senate and clerk of the
bouse of representatives shall be required
to give bond and security for the faithful
discharge of their respective .duties.
Section IX. Paragraph 1. The per
diem of the members of the general as
sembly shall not exceed lour dollars, and
mileage shall not exceed ten cents for
each mile traveled by the nearest prac
ticable route ; in going to and returning
from ihe capital ; but the president ofthe
senate and the speaker of the house of
representatives shall each receive not ex
ceeding seven dollars per day.
Section X. Paragraph 1. All elec
tions by the general assembly shall be
viva voce, and the vote shall appear on
the journal of the house of representa
tives. When the senate and house of
representatives unite for the purpose of'
elections, they shall meet in ’the repre
sentative hall, and the president ofthe
senate shall in such cases, preside and
declare the result.
Section XI. Paragraph 1. All prop
erty ofthe wife at the time of her mar
riage, and all property given to, inherit
ed or acquired by her, shall remain her
separate property, and not be liable for
the debts of her husband.
Section XII. Paragraph 1. All life
insurance companies now doing business
in this State, or which may desire to es
tablish agencies and do business in the
State of Georgia, chartered by other
States in the Union, or foreign States,
shall show that they have deposited with
the competroller general of'the State in
which they are chartered, or of this State,
the insurance commissioner, or such oth
er officer as may be authorized te receive
it, not less than one hundred thousand
dollars, in such securities ns may be
deemed by such officer equivalent to
cash, subject to bis order, as a guarantee
fund for the security of policy holders.
Par. 2. Wlieu such showing is made
to the comptroller general of the State
of Georgia by a proper certificate from
tlie State official having .charge of the
fund so deposited, the comptroller gener
al of the State of Georgia is authorized
to issue to the compauy making such
showing, a license to do business in the
State, upon paying the Jfees required by
law.
Par. 3. All insurance companies
chartered by the State of Georgia, or'
which may hereafter be chartered by the
State, shall,, before doing business, de
posit with the comptroller general of the
State of Georgia, or with some strong
corporation, which may he approved by
saia comptroller general, one hundred
thousand dollars, in such securities as
may be deemed by him equivalent to cash,
to be subject to bis order, as a guarantee
fund for the security of the policy hold
ers of the company making such deposit,
all interest and dividends arising from
such securities to be paid, when du.*, to
the company so depositing. Any such
securities as may be needed or desired
by the company may be taken from said
uepartmeut at any tunc by replacing
them with other securities equally ac
ceptible to tbe comptroller general, whose
certificate for the same shall be furnished
to the company.
Par. 4. The general assembly shall,
from time to time, enact laws to compel
ail fire insurance com|)ai4-‘S, doing busi
ness in this State, whe.lijr chartered by
this State, or otherwise, to deposit reason
able securities with tin* treasurer of this
State, to secure the people against loss
by the operations ol said companies.
Par. 5. The general assembly shall
compel all insurance companies in this
Stale, or doing business therein, undei
proper penalties, to make semi-annuai
reports to the governor, and print Lite
same at their own expense, for the in
formation and protection of the people.
ARTICLE IV—POWER OF THE GENERAL
AbSEJUIiLY OVER TAXATION.
fcECTiON 1. Paragraph 1. The right ol
taxation is a sovereign right—inaiien: -
ble, indestructible—-is the life of t e
state, and rightfully belongs to the peo
ple in ad, republican governments, and
n • ther the general assembly, nor any
nor all other departments of the govern
ment established by this constitution,
shall ever have the authority to irrevo
cably give, grant, limit, or restrain this
right; and al. laws, grants, contracts
and ail other acts, whatsoever, bv said
government, or any department .thereof,
to effect any of these purposes, shall be,
and are hereby, declared to be null and
void, for every purpose whatsoever; and
said right of taxation shall always La
under the complete control of, and revo
cable by, the any
gift, giant or contract, whatsoever, by
the general assembly. i
Section 11. Paragraph 1. The power
and authprity of regulating railroad
freight and passenger tariffs, preventing
unjust discriminations, and requiring
reasonable and just rates of freight and
passenger tariffs, are hereby conferred
upsn tbe general assembly, whose uuiy
it shall be to pass laws, from time to
time,to regulate freight and passenger tar
iffs, to prohibit unjust discriminations
on tbe various railroads of this State,
an! to prohibit said roads from charging
other than just and reasonable rate.-, and
enforce the.came by adequate penalties.
Par. 2. The exercise of the right of
eminent domain shall never be abridged,
nor so construed as to prevent the gener- '
al assembly from taking the property
and franchises of incorporated rompa
r.ies, and subjecting them to public
the same as t;ie property Of individuals*
and the exercise ot the police power of
the state shall never be abridged-, nor aO
construed, as to permit corporations t 6
conduct their business iq such manner
as to infringe the equal rights of individ
uals, or the general Well being of tire
State.
Par. 3. The geuerul assembly shall not,
remit the forfeiture of the charter ot any
corporation, now existing, itor alter or
amend the same, luir pass nny.otlier geu;
, eral or special law, for the beuefit of said
! corporation, except upon the condition
| that such corporation shall thcreatter
' hoid its charter subject to tbo provision*
] ol this constitution ; and every amend
: meirt of any charter of any corporation
| in this State, oi any special Unv lor its
benefit, accepted thereby, shall operate
as a novation of said pbarter and shall
bring the same under the provisions of
this constitution ; provided, that this
section shall not extend to any amend
ment for the purpose of allowing any
existing road to take stock in or aid id
the building of any branch road.
. Par. 4. The general assepibly of this
Statp shall have no power to authorize
any corporation to buy shares, or stock;
in any other corporation in this State, or
elsewhere, or to make any contract, or
agreement whatever, with any such cor
poration, which may have the effect, or
be intended to have the effect, to deteat
or lessen competition, or to encourage
monopoly; and all such contracts and
agreements shall be illegal and void.
Par. 5. Xo rajlrcad company shall
give, o pay, and rebate, or bonus idthtf
nature thereof, directly or indirectly, or
do any act to mislead or deceive tlie pub
lic as to the real rates charged or receiv
ed lor freights or passage, and any §;p;R
payments shall be illegal and void, ami
these prohibitious shall bo enforced by
suitable penalties.
6. Xo p revisions of this article
shall be deemed, held or taken to impair
the obligation of any contract heretofore
made by the State of Georgia.
Par. 7. Tiie general assembly shall
enforce the provisions of this article by
appropriate legislation.
ARTICLE V—EXECUTIVE DEPARTMENT,
Section I. Paragraph 1. The officers
of the executive department shall cousist
af a governor, secretary of State, comp
troller general and treasurer.
Par. 2. The executive power shall be
vested in a governor, who shall hold his
office during the term of two years, aud
until bis successor shall be chosen aud
qualified. He shall not be eligible to
re-electiou, alter the expiration of a sec
ond term, for the period of four years..
He shall have a salary of three thousand
dollars per annum, (until otherwise pro
vided by a law passed by a two-thirds vote
of both branches of the general assembly)
which shall not be increased or diminish
ed during the period for which, he shall,
have been elected ; nor shall he receive
within that time any other emolument
from the United State, or either of them,
or from any foreign power. But this re
duction of salary shall not apply to the
present term of the present governor.
Par. 3. Tiie first election lor governor,
.Under this constitution, snail be held u
the first Wednesday in October, 1880.
aid the governor-elect shall be installed
in office at the next session of the gener
al assembly. An election shall take place,
biennially thereafter, on said day, until
another date be fixed by the general
a sctnblv. Said election shall keJd at
the places of holding general elections iu
the several counties of this State, in tlie
manner prescribed for the election of
members of the general assembly, and
the electors shall be the same.
Par. 4. The returns for every election,
of governor shall be sealed up by the
managers, separately from other ret urns,
and directed to the president ei the sen
ate and speaker of the house ol represent
atives, and transmitted to the secretary
of State, who shall, without opening said
returns, cause the same to. be iaid beforj
the senate on the day after the two houses
shall have been organized, and they shall
be transmitted by the senate to the house
of representatives.
Par. 5. The members of each bran :h
of the general assembly shall convene
in the representative hall, and the presi
dent of the senate and the sp aker of t.ie
liou-e of representatives, shall open and
publish the returns in the preseuce and
under tbe direction of the general asst.a*
blv; and the person having the majori
ty of the whole number of votes shati be
declared duly elected governor of this
•State; but, if no person shall have such
majority, then from tlie two persons hav
ing tbe highest number of votes, who
•shall be in life, and shall not decline an
election at the time appointed tor the
general assembly to elect, tbe general
assembly shall, immediately, elect a gov
ernor vive vocc ; -and in all cases of elec
tion of a governor by the general assem
bly a majority of the members present
shall be necc-.-arv to a choice.
Par. G. Contested elections shall b$
determined h/ both houses of the genera!
assembly in surli manner as shall be pre
scribed iiy law.
Par. 7. No person shall be eligible to
the office of governor who shall nyt have
been a citizen of the United States fifteen
years and a citizen of the State six
and who shall.not have attained the agi
of thirty years.
Par. 8. Ip case of the death, resignation
or disability of the governor, the presi
dent of the senate snail exercise the ex
ecutive p overs of the government until
-ucli disability be removed, or a successor
is elected and qualified. And in case of
the death, resignation or disability of
ti e pre id tit of the senate, the speaker
of the house of representatives shall ex
ercise the cxecuti ve powers of tbe govern
ment, until the removal of the disability,
or the election and qualification of a gov
ernor.
Par. 9. The general assembly shall
have power to provide by law, for filling
unexpired forms by special elections.
Par. r UL The governor shall, before he
enters on the duties ol his uiiice, take the
following oath or .affirmation : * J do sol
emnly swear (or affirm as the case may
be)' that I will faithfully execute tire
office of the Slate of Georgia ,
and will, to the best of my ability, pre
serve, protect and defend the constitu
tion thereof, and the constitution of the
United State- of America.”
Par. 11. The governor shall be coot?
mander-iu-chief of the army and navy of
tbisState, and pfthe milit a thereof.
Par. 12. He shah .have power to grant
reprieves aud pardons, to commute pent
alties, remove disabilities imposed bv
law, and to reip.it any part of sentence
for offenses against phe State, after con
viction, except in <gvjes of treason aud
impeachment, subject.to such regulations
as may be provided by law relative to tbe
manmr of applying for pardons. >n
co ivictiou lor treason, lie jnay suipeni
the execution of the seniejme and repots
the case to the general assembly at
the n> xt meeting thereof, when
the general assembly shall
either pardon, comgjijge the sentence,
direct its execution’, or grant a .further
repr.eve. He shall, at- each sessiou of
the general assembly, communicate to
that body each ease of reprieve, pardon
or commutation granted, stating the
[Conclud'd 'mi Second Pajt,)