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£l)c £utl)bcvt Appeal.
101 -A
J. r. SAWTELL.] [H. K. JOKES,
Proprietor*.
TERMS UK SUUSCKIPTIUNs
F«»r boolhi .....ft W
UDBTMr
BO. Invariably in auvavcs. All paper" «ll»* y Ol*
continued on expiration of lime puid lor.
THE 0
£
Cuthbert, Georgia, THURSDAY, March 20, 1808.
No. 21.
PROPOSED CONSTITUTION,
BOB TJIB
STATE OF GEORGIA,
aii »norr*» *r vni xhcbo-badk-ai, coktkktiok.
of, giving them aid mid comfort j and
no person shall bo convicted of treason
except on the testimony of two witness-
c* to the same overt act, or hie own con-
fcBhion ih open Court.
Rcc. XXVI. Lawn shall have a gen
eral operation, and no general law, af
fecting privuto right*, Khali ho vuried,
in any particular case, by special login-
lation, except with the free consent, in
mi ting, of all persona to be affected
thereby ; and no person under legal dis
ability to contract is capable of such
free consent.
Hec. XXVII. The power of taxation
over lhO-Whi'le State shall be exercised
by the (ienpraj Assembly only to raise
Revenue for the Fiq.poU of Government,
Pay the Public Debt, to provide a
the privileges or immunities of citiaeiia | WmbhkmI Behind Fund, for Common D«
«.| th.* lltnml HWrtwsV'w Wf-Hri* Hist,-
deny to any ps*r»
tinn ibq, wfiwt,|L.
And il fctliJn W tlio duly nr mr tihh rai:
Am.4itt.ly, by op,.i..|.ri«w l-Ri-l*""}, ^ XXVUI. Tho Oiiren.l Am,™-
tn pri.lo.1 »v, ry pun..,, in thu ituo ,,, u „, 6
«!«"«*<,‘i"' rnv,%,« ,",.i tipii.il [&:*,“ „d,,,riti« m,a mimm ....
uiii«eguarantied in thia beclinu. 4 . I. i ...m.'.. it..,;.
Sec. III. No person shall b* deprived
of L|rs liberty or property,except by due
XHtU LC I—DKCURATtON OF KCNIUMENTAt
rniacJVLies.
Hec. I. Protection to person and prop-
•ci ty is the paramount duty of Guvmu-
•nient, and sIihII bo impartial and com
plete.
Bee. II. All persona boro, or natural-
iovd. in the Cniter! Slates, und resident
• n |b;s State, are lierel-y declared rill-
anatesairaiiBC
and for Pulilic ImproVt-mont; and
w ithin its 1 |.,xaiiim ..u property shall be aj raLrnn
5W® I »• «"' 1 -
pi. .cess of law.
Hoc. IV Theft) shall l*o within the
8t >te of (Georgia m rthor slavery or in-
voluntary servitude, hmv« us h punish
ment for crime after legal conviction
thereof.
SeO. V. The right of the people to
appeal to the Courts, to petftion Govern-
moot on all instteiy, and peaceably to
nsseinble for the consideration n any
mutter shall never l»c impaired.
. Sec. VI. Perfect freedom of religious
sentiment shall be und the same is hire
by secured, and no inhabitant of this
Btale ahull ever be mofewlud in person
or property hr prohibited from holding
any public otfi u or aru»t on tiooount-of
bis religious ■>pinion; but the liberty ol
consideHoe', hereby secured, shull not be
so construed as to excuse acts of licen
tioiisnesK, or justify practice* inconsist
ent with the peace nr safely ..f the peo-
|«le.
i*ec. VII. Bvery pemon ohurgi-rl
with rfb dffbncrt agnhist'ths law*, shall
liave the privilege und benefit of conn-
mil, triiull be ftiroi.-ht-d, on demand, wi h
a copy of the uecusution and a list of the
oh whose tcntimuAv (he charge
nguiiist him is founded, shun nnve coir,
pulsory j.r.hthi to obtain the attend
alien of his own witnesses, shall be con
fronted with the witnesNce testifying
against him, and shell have m public an
spseily trial by sn impartial jury.
Hec. VIIf. So person miall be put in
j ennui dy of life or lilicriy more tlisn
i .nee fur the s.itne offuiice, aifve on hi-
or her own Motion f >r a now trial, after
c iiviition, or fii cns.* of misti ini.
F«kt.' TX. In-cdum of spt^ih Ind ffee
, | isnutiohs' to be exercised within their
*'** several teriitorial limits.
Hec. XXIX No poll tax ahull be lev-
ied except for ed^catiofial purpose*, and
such tax shall not exceed Uoc Dollar
annually on such |h»I1.
tiec. XXX. Mvcbunii* and laborers
shsll have liens Upon tTie property of
their employers tor labor perfuiiiieil or
maloriid furnished, und the Legislature
ahull provide for the summary eufi.roe-
merit of the sums,
Hoc. XXXI. Tho Legislature, Execu
tive and Judicial Departments shad he
dinitial: and eucb department sbull be
confined to s separate braird of Mugle \
• racy No person or collection or fan-
sons, being of one Department, shall ex
ercise «uy power properly attached Mi
either of the othera, except iu cases
herein expressly provided.
Hoe. XXXll. Legislutive aeta in vio
lation of thia tyiltatifutloD, or the Con
stitution of-the tfnited Htutes, are void,
and the Judiciary shall so deolars them.
Sec. XXXIII. The State of Georgia
shull ever remain s member of the
Amerienu Union ; the People thereof
nro a part of the American Nation ; ev
ery cititeu thens.f owes paramount alle
giance to the Constitution und tiovern-
inent of the l'nited Htstea, und no law
•r ordinance of this tltnte, in contraven
tion or subversion thereof, shall ever
have any binding force.
AMTICLV II — r« ANCllJS« ND XI.FCT.oNs.
Hec. 1. In all elections, by tho Peo
ple, tho Electors shall vote by ballot.
So v. II Every malo person, horn in
tha United States, and every mule per
son who has been naturalised, or who
liquors on daya of election is prohibited
Sec. IX. Helurns of election for i
uivil officers eleot«Nl by the people, w »•
are to be oommiaaioned by the (iovernor,
und, al*o, for the Members of the Gener
al Assembly, shall be made to thn Sec
retary of Stale, unlsaa otherwise pro
vided by law.
Sec. X. Tha Gencrul Assembly shall
enact Inw* giving adequate protection
to Klectora before, during und subse
quent to eleotions.
Hec. XL The election of Governor,
Members of Congress, and of the Gener
al Assembly, after the year 1868, ahull
commence on the Tuesday after the first
Monday in November, unless otherwise
provided by law.
jhitk’i.k tu—i.rmai.ATtvw—sncmoN h
I. The Legislative Power shall bd
vested in a General Assembly,', whleh
shall consist of a Bcriith fhtd Horse of
Kepresentutlvos, and until otherwise di
reeled, tho nteenh rs tlirirri*'f. after tflt*
first eledtinn, shull bn elected, and the
returns of the‘election'pmd« uh now-pre
scribed by law.
II. Tile members of Ibc Senntri shall
bn elected for four y**Hrs, arcept that
tl»e members eleclaQ dt tbu fitVt ell efiori
from tbte twenty-two Senatorial DMficts
numbered in the (’flustltutioh with odd
numbers, shall only hold their office*for
two yunr*. Tho members of the Ifoirtm
of llepresentatives shall be elected for
two years. The Election for members
of the General Assembly shull begin on
Tuesday after the first Monday In No-
vender of every second year, except the
first elation, which shall be within sixty
days after the adjournment flf this Con
vention ; hut tho General Assembly may
bv law change the time of election, arid
the members shall hold until their suc
cessors urs elected and qualified.
III. The first meeting of the General
Assembly shidl be within ninety days
ufter the adjournment of this (V»riven-
tloti, after which it shall meet annually
on the second Wednesday in Jannury
or on such other day tin the General As
sembly nisy tirescribo. A majority of
ouch House shall constitute a quorum
to transact business; but a smaller
number may udjourn'lrom day tu day
and coiiqiel the presence of its absent
nu mbers as each House may provide
No session of the General Assembly, «f
ter the second ‘under this Constitution,
slndl continue longer than tin ty days,
unless piolongcd by u vote of tWolhirds
of each brunch thereof.
IV So person holding a Military
C nimisaion, oc other appointment or
office, having any emolument or compen
sation uniiMXed thereto, under thia State
or tlm V.lilted Plate*, or either bl thorn
except Jnsiices of the I*«ucn and bfflui
l,„„ 0«»||J ,I«-I W «<I I* l.i'mui™, 1„ be-1 ;: f )•"' “*•%«<« fay«Ui«llwSr pub-
Ulptau ?
of t ho
or for city legal taxes re-
I-.itn of ilk-press .ire jnhuictn flftments 11 went v-ono years old, op upward, will). H u ,!|]f ,l, lr n
** '" Vd in this .“title six! t l"' r
wy, ,
quii'e'iT of him rflmll have n seat in
ol political liberty. Hat while every j
VitTx.eh may freely speak, or write, or
print uqwoy ful'jpct. he shall he re*|s»n-
eihle for Tho ntuisa of the filici ty.
**('C. X. TU rigbi of thn I’eopl- to
Im securo in their IVrsone, Houses, l*a
I tors and Effects against unrousonablc
iomrdi«M and s- ir.ur«*s, shall not lie vio
luted; and Ho warrant shall issue bill
ii|HNijirotKibl« cause, sup|Nirted by noth,
or atfiruiution, particularly describing
the place, or placi-s, to ho searched, mid
th« |*er*on, or things, to Im seiaeil.
^*-c XL The social stutus of the citi
sen shall never ls» tho subject of legisla
tion.
Sec. XII. No person shall l*e molest
od foi his opinions, or In- subject to any
civil or political incapacity, or acquire
any civil or political ndvuntugc in con
si qiieoee of such opinions.
rh-c. XIIT. The writol httbrai corpus
of rebellion or invasion, the public sure
ty may require it.
3T1V: A well nfralttcd Militia
I -mu II
evM,
(MOple, the right of the is-opfe to keep
and hear sms sh ill n. t Ihj infringed
-lu.ll h:.v„ ruhHb'.l in Hi* ««•
,'n.mh. not |.r.-;-«lii.|f Ihu ai..i U«pri--e..<»uy.-, »m-r hi i qimliflciUi.m .»
.Iir.ll liny, r.-i.li-.l thirty ,lny. in tbu »u«h, l» »l««tcJ hy tli« 0«lorjl A»..,n
.'.unity In wl.i.rl. h» nf.» ta *le. nmli '-'J " r .*,11™'*! ,'J ™ S-
.li.ll ItU |Mirl ..II |J>«. ihlA ..... * h » r ""'• " r ‘he udv"» Imt)
may ■
have lieen required of him, and whivh j
he may have hud un npjiortunity of pay-
ing, ugreuubly to law, for tin* year next
preceding the election, except as hviein-
nf'er provided, shull be deemed nn Elec
tor ; and every nude citizen of tha Uni
ted .States, of the age nforrisaid, except
aa hvreiiiufter provided, who may bo a
lesidcnt of the Mute at thp time of (be
adoption of thin C'on-titution, sh ill lie
deemed un Eh otqr, and shull have idl the
rights of mi Elector, us alornaaid : pro
riiird, That no soldier, sailor, or inariiiu
in tho military or nnt-al service of the
United Stales, siiull acquire the rigid of
an Elector by reason of being stationed
in duty ill this State ; und no person
sluill tint suspended unless, in 8asu shall vote, who, if challenged, shall rc-
fuse to take tho following oath : <a I do
swear that I have not given, or received,
n<>r d" I expect to give, or receive, »uy
money, tieat, or oilier thing of value,
vote, or any votsju sflt-rl-
ted (to he aff-eteil/Kt this
p bvfwiih.h my (
; ejt or ex|H i-l«
etHi-linn: nor hi
44th. Walker, Dado nod Catoosa.
If a now County be eatahlishod it
shull be adejed to a ilistrict which it ad
joins, and I'roin which the larger portion
of its territory is taken. The •Senatori
al Districts mny lie changed by the
General Assembly, but only nt tbo first
session after tho publication of each cen
sus by tbo United States Government,
and their number shall not be Ihorensnd.
H. Tho Senators shall be citlxens of
tho Uuited States, who havo attained
the ago of twenty-five years, and who,
after the first election under this Consti
tution, shall have been citizens of this
State for two years, snd for ope year
resident of tbo District from which elect
ed.
III. The Prodding Officer of tho
Sonata shall be styled the President of
tho Senate, mid shull tie elected n'ni rat,
from the Somttura.
IV. The Senate shall liovo tho sole
power to try.iinpeachinnnts, When sit
ting fin that purpose, t|ie members shrill
be on oath or ntm inatlori, and shall be
presided over by one of tho Judges or
tbu Supreme fyiuft. Selected for that
purpose by a vim i’swt vote of the Bob*
ate; and up person shall be convicted
H.illaiut the concurrence bl < Wb-thirdii
the members tiresetit. Judgments in
cases of impvttcbinent shall not extend
furtlier than rcmovul from offico rind dls
S UiiliOculiuu to hold and enjoy any of-
t e of honor, trust or profit within this
Slate; but the party convicted shall,
nevertheless, be liable and subject to
indictment, trial, judgment and punish
meat according to luw.
Sec. III.—I. The House of Represen
tatives, shall consist of mia hundred and
seventy-five Representatives, apportion
ed os follows ; To the six largest Court
ties, u*-wit: Chuthsm, Richmond, Kul
ton, Ribb, Houston und Burke, three lie
presentulives each ; to the thirty-one'
next largest, to-wit : Uni tow, Columbia,
Cobb, (Jowetu, Clarke, Deoatur, Dou^h
arty, Floyd, Gw.ipnctt, Greens, Hancock,
Harris, Jetlursoii, Lee, Museogne, Mon
roe, Murriwetiiur, Morgan, Macon, New
ton, Oglethor|»e, Pulaski, Randolph,
Sumter, Stewart, Troup, Thomas; To!
biit, Washington, W-ilkes and Wurrrin,
two Ucpicsentativoa each ; snd to the
remaining ninety-five Counties, one Re-
prvseiilntive each.
II. Tbo above appointment mny be
uYiangod by the General Assembly af
ter cm b census by the United Htates
Government, but in no event s|iull the
nggrugute number of KepreSeiitatiVes
bo iucraiised.
III. The Representatives shall lie cit
izens of thq United Htates who have at
tained the age of twenty-one years, and
who, ufter the first ejection under this
Constitution, shull have been citizens of
this State for one year, und lor six months
resident of the eoiidtiys from which elec
ted.
IV. Tho Presiding officer of the Hons*
of Representatives shull be styled the
Speaker of the House of Knpresenta-
tives, and shall be elected viva coos from
the body.
V. The House of Representatives shall
hnve the sole power to Impeach all per
sona w ho ahull have been or may bo iu
office.
VI. All bills foV raising revenue, or
onsent of the Hcnate, to any office or
uppoliilfnent, having ary emohm.Ant
annexed thereto, dining the timu lor
which he shall have bean elected.
V. Tlu* sent of u Member, of either
House, shall be via ated on his irtnnviil
fiom the Diuti it* from which he \vun
ulcufod.
SUCTION ,11-
I. Thero shidl Ihj Forty-/our Sonnto-
rial Districts in tld* Btale, eoiiqaiscd,
each, or three contiguous Counties, from ificutions of its members, and slndl have
eauhof which Distiicts one Henutorshsll power to punish them for disorderly be-
House by which the «nmu was rcjcgU'd.
VII. Neither House shall adjourn for
more thnn three days, nor to any ntlitr
plnco, without the consent of tho other ;
and hi case of disagreement between tho
two Houses on a question of adjourn
ment, the Governor may adjourn eith
er or bot h of them.
VIII. The officers of the two Houses,
other than the President and Speaker,
■hull bo a Socrotnry of tho Senate, and
Clerk or tho House, and nti Assistant
for wnch ; a Journalizing Clerk, two En
grossing and two Enrolling' Clerks for
ouch ttoOHfe, and the number shall not be
increased except by a vote of the House.
And thuir pay, ns well as the bay and
mileage of thr members, shall bu fixed
. Whenever tho Coristitution re
quires n Vote of two thirds of either or
both Houses for tho posing of on act or
resolution, the yens uod nnya or. tbo pns-
I nge thereof ahull be ^ntorud on the
ournal, und ail votes on confirttintions.
of rcfnsuls to confirm nominations to’’of
fice by thri Governor, shall he by yens
and anys, und the yea* and ttuys shull b«
recorded on the Jouruul-
X- Every Heoatoi, qr RepresDiitntlve,
before taking his scut, shall tako an oath,
or affirmation, to support the Constitu
tion of the United Htates, and of this
Htute ; that he has not pructioed any un
lawful menus, directly or indirsotly, to
procure Ins election, and that he bus not
given, or offered, or promised, or caused
to he given, or offered or promised, to
any pemon, any money, treat, or thing
of value, with intent to sSbut any vote,
or to prevent any person voting at the
election at which ho was electra.
See. V.—I. The General Assembly
•ball have power to make all laws ana
ordinances, oonsistent with this Gonsti
ttition, ami not repugnuut to the Consti
tution of the Ut.ited Btatss, which they
shall deem necessary and proper for the
welfare of tins Btale.
II.. The General Assembly may alter'
tlm boundaries of, or Isy off and cstub
lish now Counties, or abolish Counties,
uttuehiug the territory thereof to cod
tiguous Counties, but no ucw County
shull bu established but by a votuol two-
thirds of each House ; nor shull any
County be abolished except by a vote of
two thirut ot each House, and after tlm
qualified voteis of the County shall, at
uu election held fur tlm purpose, so de
cide.
Sac. VI.—I. Xn money shall he
drawn frpju the Treasury except hy sp-
propt iutio.i made hy law, und n regular
statement and account of the receipt
and ex|N>nditure of all public money,
"foilI be published Jjom time to time,
and, hUi, with the laws passed by ascii
s< asion of the General Assembly.
II. No vote, resolution, luw, or order,
shall pass, grunting a donation, or gra
tuity, in favor of tiny person, except by
tlm < ohcurrviira of two-thirds of each
broach of the General Assembly, npr,
by any vote, to n sectarian corporation,
or association.
III. No luw or section of the Code
•hall be amended or repealed hy mere
reference to its title or to the number of
the suction iu tlm > ode, but tha amend
ing or repauling net shall distinctly and
fully describe the law to bo amended or
Hunnto may propose, or concur, in
uiiicndmeiits ns in other bill*.
Hoc. IV—I. Kncli house shall be the
judge of the election return*, snd quid-
but the General Assembly abstl hrive election,' nor hnViH giv^P, or promised
p«iwer to prem-ribe by law tlm inanuc-r any reward, oi^oifide any thr* si, i»y
iijjfhleh srfrm may be Irifne.' » I which in prevent any peisutj from voting
Bee. *XV. it ^Chu. punuhiiii-nt of alljufcthfa’eHtcU'»*n. n -
fraud* slot! I Iki provided bylaw. i Hec. III. No person convicted of fe|.
Hoc Xk’L Exwesatve In.if shsll mu he ofty orlprceny mfiirfl any cnurt of tliis
rwpjiro-f, nor excvwsivu fines imposed, i Mato, or of. or in the Uuited Htute*,
nor cruel and unusual punishment inflM. o
flirted, nor shall uny |»erson lie nbrsed rrytnr ftTOWvff
in being arrestod, while unde? arrest, or | unless Ip* shnll fiuvn liycn pardoned,
in priwm. j ^e<j. IV. ^ persoawlio is the holder
Bee. XVII. The pewfer of the Coiitf* of any piil>lic moneys shufi WetigTOit to
to puuioli fi»r contempt ahull be limited any office in this Htats, until the same son.
by legislative act*. I is accounted for and paid into thoTreus- j 19tb. Tnliferm, Warren and Greece
Bee. XVIII. There shall be oo impns-1 ory. | ‘20th. Baldwin, Iluucock und Wash-
onmeut for debt. | Bee. V. No person who, after tho ington. •
Hec. XIX. In all ]iro«oentiona or »o-1 Adoption of this Constitution, being u; iilst. Twiggs, Wilkerson and Jo’ne*.
"hull b • eligible.to *y ,v pl£vF f VMrU > ftit <
* ‘ * iordr trihtt withfntW* Mate,
t>e chosen. Until otherwise arranged,
as hereinafter .provided, tlm snid Dis
trict* shall I** constituted »* follow* :
1st. Chatham, Bryan and Effingham.
2d. Liberty, Talunll and McIntosh.
Ud. Wayne, Pierce and Appling.
4th- Glynn, Curnden a d Churltou.
6ih. Coffco, Ware and Clinch,
flih. Echols jLowuiles and Berrien.
7th. Brouks, Thoruus and Colquit.
Hiii. Decatur, Mitchell and Miller.
Ulh. Early, Calhoun and Baker.
Hull. Dougherty, Lee und Worth
lith. (i)ny, Rand(*4»h and Tsrrpll.
I2th« Htcwort, Wehstor nn*l yuitqiut).
I Btii. Bumlt-r Hcldcy and Mumn.
14th Ifooly, W.ijcox and 1‘ulaiiki.
Ifiib, Montgomeiy, Telfair .and Ir
win.
16th- Laurens, Johnson and Emaiiu-
J7th. Buli(ick,Bcriven and Burke.
Ibiii. Richmond, Glascock and Jcffer-
dictincnts for libel, the truth may be 1 resilient of this Htute, shall engage in a
given in evidence, and the jury shall duel in this State, or clsewhero, or shnll j
have the right to determine tbe law and. send or accept a challenge, or bo aider |
the fuels. or abettor to such duel, "hall vote or
Hoc. XX. Private ways may be grant- 1 hold office in this State; und every
ed upon just compensation being paid such person shall, also, be subject to
by tlm applicant. | such punishment as tha luw may pro-
Sec. XX i. All penalties shall bo pro- scribe,
portioned to tlm natuie of the offence, j Sec. VI. The General Assembly mny
Sec. .XXII. Whipping^ as a punish-J provide, from time to time, for the reg
ment for crime, is- pro h
iolrnlion of all Electors, but the follow
. Bee. XXII1. No Lottery shall l»e an-j inp classes of persons shall not he per-
' fhorlzed, or saletif Lott^T ticMt# «l- milted to register, vote, or hold office j
lowed in Ibis State, and adequate pen- pfnf— 1 Tfiooa 'who Have Imou convicted
allies for sucb sale shall be provided 1 of treuson, embezzlement of public funds,
by law. I malfeasance in office, crime ponishab'e
Hec. XXIV. No conviction shall work by law with imprisonment in the Poni-
corruption of blood, and uo conviction of teotiory, or bribery, t'eeood—Idiots oi
treason shall work a general forfeiture; insane persons.
of estate longer than during the tifo of fcec. VII. Electors shall, in all ensor
the person attainted. except treason, felony, or breach of flit
Hec. XXV. Treason against the State peace, be privileged from arrest for five
of Georgia shall consist ouly in levying days before on election, during the elec
war against the State, or tlm •United tioti, oud two days subsequent thereto.
Stated, or adhering to tbe cM.iJcs there*{ Bee. VIII. Tlm attlo of liitosiuating'
22d Bibb, Monroe und l'ik<
2Jd. Houston, Crawford and Taylor.
24th. Marion, Cbuttuboouhee and
M usoogee.
26th. Harris, Upson and Tnlbot.
2fUh. Spalding, Butts and Favetfe.
27th. Newton, Walton und Ouju.
28th. Jasper, i'utmim and Morgmi
29th. Wilkes, Lincoln snd Columbia.
30th. Oglethorpe, Madison nod El
bert.
61st. I/ort, Frnuklin and Ifnlmrahnm.
32d. White, Lumpkin and Dawson.
66*1. Hull, Bunks und Jackson.
64th. Gwinnett, De-Kalb und Henry.
66th. Clayton, t ulirni and Cobb.
66th. Mcrriwuthcr, C’owuta and Camp
bell.
87111. Troup, Heard und Carroll.
68th- Haralson, Polk und Paulding.
30th. Clmrnkeu, Milton and Forsyth.
40tb. Union,- Towns and Rabun.
41st. Fannin, Gilmer and Piektss.
42d. Burtow, Floyd and Cliuttoogu.
46d. Murray, Whitfield apt! Gordon.
pprbpriuting money, slmll originnte in ' rc-pealed, us well us tho alteration to he
tjm House of Representative*, but the i tnndtf : but this clinise shall be oonHtrued
us directory only to tho General Assem
bly.
IV. No l»w slmll bo missed by which
n citizen shull bu oonqH'lled uguinnt his
consent, directly or indirectly, to become
rt s'ockholder in or contribute to any
railroad or work of public improvement,
except in the case of tlm inhabitants of
a corporate town or city. In such cs
ss*, tlm General Assembly may permit
the corporate authorities to take »ueh
stock, or make such contribution, or en
gage in such work, after a majority of
the qualified voters of such town or
city, voting st nn election held for the
purpose, shall havo voted in favor of the
same ; hot not otherwise.
V. The General asRambly shall have
no power to grant oorp-orato powers and
privilege* to private companies, except
to Banking, Insurance, Ruilroad, Cana),
Navigation, Mining, Express, Lumber,
Manufacturing and Tvlegruph Compa
nies ; nor to make, or change, election
huvior, or misconduct by consuro, flue,
imprisonment, or expulsion ; but ito
mend er sbull be expelled, exempt by a
Vote of two-thirds of tlm House frt/n
which ho is expelled.
11. Each II••!!** mny punish, by im
prisonment, not extending beyond the
feessinn, nny person, not ii member, who
shnll be guilty of n contempt by any
disorderly behsfVur lit its presence, or
»b'», during the session, shnll threaten
injury to the person, or estate of any
mernh. r for anything said, or dnria, in
either House, or who shall assault any
nirimlmr goitftf to, or returning thare-
fWm/, or whoVihidi rescue, any person
rirrrtMctf by order of either TJouse.
. r ^ n,lier " ,,f ni#s; nor to make, or change, eh
shall be free from arrest during their : | ireci nctu ; nor to establish Hiidgi. .
itteridflneft on the General Assembly, p err j e0 • nor change mimes of leglti-
""l W (fShpl". «• "•"irnin* thrf.fr., m „ |c cb ||,| a ,„ . |, ut it ,h 4 |) .,rc..siib«, hy
except f<-r treason, felony 1 , luroeny,- or | UV y i|, L . in.iimer in which snob powers
brericb of the peace f and no nwmt*r , h J l)C , excrc i He 'Jby the Uourls. But
shall he ltribln to nnawer in any ' nbAia^er fbfkny-Bdrik fehsll be grim-
plucfe for anything spoken in debate in , „ ext?nd#d , nitd no net passed au-
t? S nfl ? , u i ii t i . Ithorizing the suipenaiQnof specie pay-
IV. K.ch Ho,,., ,1.1,11 k«n , J.,nrnal. m , DU b u ,'„ k , b ‘ , vu [" f
nf .I |d P"WU| « 'mm." tw0 tl,i r J« uftlio 0..„ruf AiemUy.-
diatrly after Its nd)Murnm«nt. The yeas ~- >• • .. .. *.
und nays of the members on any ques
tion Khali, at the desire of one-fifth of
tho members present, be entered on the
Journal. The origimd Journal shall be
preserved, after publication, in the office
of the Secretary of State, hut there shall
lie no other record thereof.
V. Every hill before it shall pass ahall
be read three times und on three sepa
rate duyu in ench House, unless in cases
of actual invasion or in*nrrecti< n. Nor
shall any Inw, or ordinance pass,which re
fers to more thnn one subject, matter,or
contains matter different from what is
expressed in the title thereof.
VI. AIKncts ShnU Im signed l»y the
President of the Beiinto and theSjmaber
of tho Hoqflo of Representatives; and in*
bill, ordinance, nr resolution, intended
to have tbe effect of n Inw, which ahhll
have been rejected hy either House, shall
be again proposed during the same ses
sion, under the same, or any other tit!**,’
without the consent of twu-thirds of tbe
Tlm General Assembly sljall pas* no law
muking tho Strife a stockholder in any
corporate company ; nor fhull the credit
of the State be granted, or loaned, to
aid any company without a provision
that the whole pr,.party of the Company
shall be bound for the security of th#
State, prior to any other debt, or lien,
except to laborers ; nor to nny Company
in whioh there is not, already, an equal
•mount invested by private persons ; nor
for any other object than a work of pub
lic improvement. No provision in this
Constitution f«-r a two-thirdu vote <if
both House* of the Generiil Assembly,*
•hull lie construed to waivo the ueuusfii-
ly of tho-signature of tho Governor, ns
in any otlmr coneq. except in the ou»*e of
tlm two-thirds vote required to override
the veto.
JttTICLK nf—r.X*CtJTltI-'**«Ctf»0N i.
I. Executive power shad be Vested in
a Governor, who rhull hold hi* office
during the term of four yonra, and uotll
L-LJfgWJMfU ,JU'U
such timu nfe u MiccOMlff shttll bh ohbicn
und qiiallfwa. He shull hnve a cmUntu
tent salary established by InW, tVlmh
shnll not ho hicronsod, at dl/hlltished.
during tho period for which he shall
hnve been sleeted nof shnll he reeeivo,
within that period, any other emolument
from tlm United Btiitt'B,or either of them,
or from nny foreign potrof.
II. After the first election, the Gov
ernor shall bo elected quadrennially, by
the persons qualified to vote for mem-
here of Uie General Assembly, on tbe
Tuesday after the first Monday in No-
vember, until such time ho altered by
law, which election shall be bold nt tho
plaev* of holding general elections in
the HbVerul Counties of this Slum, Iu tho
sumo manner ns ia prescribed for the el
ection of memlmrs of tho General As
sembly. Tho return* for every elec
tion of Governor, after tho firttt, shall be
nealed up by tbe Manocera, separately
from other return*, and directed to the
I’ruaident of the Bcnata and Speaker of
tlm House of Reprcwntntlviw, and trana-
mltted to Hia Excellency, thu Governor,
of tho person exorcising the duties of
Governor for tho time being, who shall,
without opening the said roturns, enuso
tho name to be laid befnro tho Senate,
on tlm day after the two Houses shall
luivq Iihoii organized ; and they shall be
transmitted by tbs Senate to the House
of Ri'prosontativeH. The nembert of
ouch brunch of tho General Assembly
shall cunveno in tho Representative Hall,
and tho President of the Somite and the
Speaker of tho House of RcprerientativeH
shall open and publish the returns in the
presence of the General Assembly ; and
tho person having the minority of tho
whole oumbor of votoa giVflh ahull be
d< dared duly elocted Governor of this
ritate ; but if no person havo such ma
jority then from the twoqiursona having
the highest number of votes, who ahall
be in life, and shall not decline nn dec
tion at the time appointed fur tho Legis
lature to oleot, the General Assembly
shull immediately elect a Governor viva
vow: und in all cases of oloction of n
Governor hy the Assembly, a majority
of tho votes of the members present,
ahall be nocessary fur a choice. Contes
ted elections shall be determined l»y
both Houses of tho Generul Assembly,
in such manner as ahull be prescribed
by law.
III. No peison shnll be eligible to the
flice of Governor who shall not have
been u citizen of the United 8trtte* fif
teen yertrs and a citizen of this Htute six
years, and who shall not havo attained
th* age of thirty yesra.
IV. In case of the death, resignation
or disability of the Governor, the Prrsi
dent ef the Henute shall exercise the
Executive powers of the Government
until tho rvtnovul of tha disability or the
election and qualification of a Governor.
The General Assembly shall have pow
er to provide by law 'or fil ing unexplred
temin by a special election
V. The Governor shull, before ha an-
tors on the dutiea of hia office, take the
following oath or affirmation : “l do sol
emnly swear for affirm, as the case may
lx*,] that I will faithfully execute the of
fice of Governor of the State ol Georgia,
and will, to the best of my abilities, pre
serve, protiot ntid defeud the -Constitu
lion thored, and the Constitution of the
United States of America.”
Bit CHOW It.
I. The Governor shall be Comman
der in-Chief of the Army nod Navy of
thin Stuta and of the militia thereof.
II. He shall havo power to grant re
prieves and pardons, to commato penal
ties, snd to remit nny part or a sentence
for offenses against thu State, except in
oases cif Impeachment.
III. IIs shall Issue writs of election
tn fill vacancies that happen It! tha Sen
ate, or 1 loose of Representatives, and
shall have power to convoke the Gener
al Aasombly on extraordinary occasions,
and shall give them, from tlftio to time,
information of the state of the Common-
weulth, and rocomtnend to their consid
eration auch measures as he may dcom
necessary and expedient
IV. when nny office ahall bucomd
vacant by dputh, resignation, of other*
wlso, the Governor shall have power to
fill #uoh taeancy, unless otherwise pro
vided by Inw; and personseo apjxjinted
shall continue in office until a successor
js appointed agrccubly to the mode
pointed out' by this Coiiatltutlon, or by
law, in pnttUnnc# thereof.
V. A person once rrjeeted by tbe
Senate shall not be rc-appointod by tfi«
Governor to tho tame office during the
aatno sva«ion, or tho recess thereufter.
VI. The Governor shall have the fr
vision of all bills, passed by both House*,
before tlm soma shall beoome laws, but
two-third* of each House may pass a
law, notwithstanding his dissent, and if
any bill should not be returned by tha
Governor within five days (Sundays ex
cepted) after it ha* been presented to
Mm, the same shall be a law, unless the
General Assembly, by their adjournment
shall prevent its return. He may ap
prove any appropriation and disa; prove
uny other appropriation in the same bill,
and the latter shall not ba effectual UM-
Iuhs noosed by two-tbirda of each House.
VII. Every vote, resolution, nr ofdyr,
to which the uonourrence of both llotist*
may be nocessary, except on a question
of election, or adjournment, shall be pre
sented to th* Governor, and before it
shull take efl'-ut be approved by him, nr
being disapproved, shall be fe-IM
«l)f (lulljbct! appeal.
RATES OF AftVgRTISIRO i
(!«• dollar jwrwjnure of flirt llttw (life Art* Ift
Mrtion, "HU ftomtj-Rii toafilpit Hblkfl ttif hfS
Dae (quart on* f... 10 00
Fonrth of • -ri--‘-*T-
Iltlfcolumn (ii 70 Ot
Om column Iti months. 100 OS
mtmh
Mate, a Comptroller GofiWral, a Treasu*
r er and Burvejor Glneral, elected by
tlio General Assfllubly, and they shall
hold their offices for the like period sn
tho Governor, and shall havo a compe
tent salary, which shall not be increased,
or diminished, during tho fW*riod for
which they shall have been elocted. The
General Assembly may, at any time,
Ai any two of these offices, und
Require all the duties to bs discharged
by ono officer.
IX. The Groat Seal of thefltnte shall
bo deposited iu tho offleo of tha Secre
tary of State, uod shnll not be affixed t‘>
uny instrument of writing but by order
of the Governor, or Gcnurid Awwmhly ;
nnd that now in use shall be thd Grant'
Pci.1 of the State until otherwise pro
vided by law.
X. The Governor shall have poWef
to appoint hiv own Becretanos, not ex
ceeding two in number, unless niora
shall bo authorized by the Ginortil As
sembly.
Anncf.fi v—jritlWxffF.
Fee I. The Judicial l’owe * of tfklhr'
Htute slmll bo vented in a Bunreme Court
Superior Cow ft, Courts of Ordiuary,
-lustlcM rrf thu l’ , sade r Uotmniflsirmed
Notaries Pllplfti, nnJ such other .Cmlrfri
ns have been, or may be eetallWrid by
law.
Bee. II. The Supreme Court shall con-
it of tlireu Judges, two of whom shall
constitute • qit'nrnW. When • mu airi
ly of tho Judges are disqualified from
deciding any ense, by interest or other*
wise, the Governor shall designate cer
tain Judges of the Superior Courts to
sit iti theTretead. At the find appoint 1
ment (f ludgte of the Supreme Court
undef this Conatilution, one shall be ap
pointed 1 fur four years, ono for eight
years, owe for twelve years ; but
all HtrUequMit tfppototnmnta, except to
fill ttnefiph ed terms, slmll bu for the term
of twelve juirf.
Tbe Supreme Court shall have fro dri-
ginnl jurlsdlctioti, shellbtfn Coftft alone
for tho trial ami dUrirtWlimbferroia from
the Superior Courts and from the Uify
Courts of Savunfmht rihd Augusta, qnd
siu-h other like Cottrtri ns may bu here
after eStiiblirtheff Yk Other cities; and
shull fit at tho scat of Government at
tuuh times in each year us ahall bit pre
scribed by law, fur tlm trial and deter-
urination of writs of error frotn said
Superior and City .Courts, T|ie dayfe
on which the enrtos IVnftT the several
Circuit* nnd Olty ffottrtt shall ha taken
up by tho Court, shall be filed by Uft.
l’hc Supreme Court ehull depose of
every oa*u ttt the first or not oud term after
suoh writ of error is brought 1 ; ‘find in
case the plaintiff In error ahsII not be
prepared at the first term to gftifcsautii
tbe cum, unless prevented by JrravIdsD-
tisl case, it.shall be atriqken from the
docket, und the judgment helm* shrill
stund utfirmttl. Ill any case, tnUCftift
may, in its discretion, withhold iU judg
ment until the next term after the eatne
is argued. •* rabol
VVhon only two Judges sit lit fny
■e, and tlifjr disagree, the judgment
below shall e'and affirmed.
Hec. HI. There shall bo • Jutted ftf
the Superior Courts for each Juairiul
Circuit, lie tuny aet bl <rthdt‘ Circuit*
when autliorifiid by law. At tho first
appointment of such Judges under this
Constitution, one half of tue numbrir'fus
near as mny bu) shall be appointed' for
four years, t.nd tho other Half for eight
years; bat all subeeqimirt upprrintment*.
except to fill unexpired lertne, slial) be
for tho torm of eight years.
The Suporior Courts ehatl have rii-
elusive juriBdlctimi in ousel of diverce;
in criminal ovva, Where tlm cfffnaler i*
•ubjoeted to loss of life or confinement
in the Fenitetl'iary; in coses respecting
titles to land a id equity cOSSS, ex<-u;rf ns
hereinafter 11 videa; out the GeffWfil
Assembly si »!l have power to rtiergu
the CofiwnowDow find Emrity JOriedir
tlon of said Cutlits. Said Conrts shall
have jurisdiction in all other chiL eases,
except as herelneftvf prtftidid. Tlmr
shall have appnllxfo jufisdittioff iri all
sucb cqsofl.iM tftay be provided by I aft.
limy snail buVo power to CWtrdct efhifs
in Infbrior Judlcntorie*, \iy Wftl ttf oar*
tiorari, which shall only isim# o#» tbs
siuotion of the J udge; and to issue
write of mandamus, priiliihrtioti,- into
/aviai, and all otlmr writs that Hitf he
nccesinry for carrying therr powers fol
ly Into effect, and shaft ftitl srieb othsr
as shall be conferred eo them by
-w - w-T- —| , prtssrid
by (wihtl.Jids of eui'h Hound/ aocord'ng !
to tbe rflies end limitations prescribed
iu case of a bill.
VIII, There shall be • Secretary of
powers a
Tliero shall be no nppfenl from ntm
ury in the Sflperiur Couifs tostRither;
„‘Ut tho Court may ffrsnt fteW trials an
legal grotiflds The Gwirt skall Hinder
judgment without tho vordk tol a jury
in all civil cases, founded On nnmiact,
whore an issuable defetfeo frt not filed o.i
oath.
Tho Superior CourU Hiall «it III each
County not lf*a tfnm tfiice III with year,
at such tlmos as have bei'fl; Of ffiay bo
appointed‘by Is#.
Be«, fV. Uftitf tile Gcflrifal Assembly
•hall otherwise direct, tliefe shall be i»
District Judge a Distribt Attorney fur
each .Senatorial District In this Htate.
Thu Ul-tiict J udgfl Slmll have Jnris-
dlction to hear end determine all offen
ce* not porrishnbla with deutb or impri*|
own Wit IH the Fenitentiary; and it shall
be the duty of the District Attorney to
represent the State in all cose* before
thu District Judge.
Tim District Judge sltnll sit nt stated
tidies, not loss than ortco in each month
in eucli County In Ins District Cor the
trial of offenoee, olid at socb other times
os thu Uuuem! Aseemhly may direct.
(CONCLCDkU ON illl PAUE-l
