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B Y G. A. MILLE K,
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the UPSON PILOT,
Thomaston, Georgia.
O. A. MILLER,
Editor and Proprietor.
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lliaiirt BUCABKd.
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Legal Advertising.
r> f T s>ds and Negroes, by adnii*d*trntor*. Ex- i
Lir >rs a i I itu.trniiMs. a-e re ni’.-e 1 by law to be held
I.*, the rtfst l'U*sdavi’i tit*’ mt'Ufh. tietwrcqu the hours ;
I ten in the forenoon and three in t..<? iflernooii, at the ,
| ’ ou!*t llou ‘e in the count v in which Ihe property is sit- j
■ sir i N jtice ,Hi these sales ma tbe given in a pub- :
a gs.'etie f ir r yda vs previous *<> the day of sale.
I \ nice tor th * -:a >f pers/.nnl property must be
1 .* ies tK•da vs previous *•. tne dhy of sate.
II \o 1 -e i<> I* ..vs an i Cificiitors of au Estate tons:
> .... e oh r ru lie itio.i will be inr.de to tb.e C< nr* ■>
I iiv for leave to s ,: ! Laud or Negroes, must be
1. ,i vpk v for Iv o morti s, . , , i
’ jiiio js t'.,r Si .u.iistratton nn* be t*tj
J*: ;lirr vi. *•* —for Di^npv*oi from A •Iniini'-Ci *ti*S i
J ‘.-if j. . sji" ’ liii-v —ioi lnstm-sjoii Uoiu * u-w *i4*tur
J ‘ ■•>* *•> ‘-SL. . j
1 R’gis fo'” F >. *•;’ r"r‘ •i r M-vlga :;•'<>; .be ptii>‘ ..am !
Rno i’i'v A*” four months —for os;ki,’-img les. paper.’ |
j ii*e full spe. -e of thre** mouths —for contpeUmt; ti !
l tifi vn Kvs'iii ‘M or \ imi. isiraa*i>. nliere a l*t ( .i
■ n i,” r i ."•* • it- tiie deceased, the fall space oJ three •
I ’in’ uti vn will i 1 nr? lie cont’nn *d accordsiifr to j
Jso > jjal re pnre.iieaU, u ijos* utiwrwi. e ordered,
1 K via* follow big
R\rr: j
Citation on T.otters of .Vliuinixtratmn. f- 50
Dbiuissory froia Administration, no
“ * ! “ Guardianship, 550 j
to Neil Lend or Negroes. 5 00
fciLu of personal property, in days, 1 *q.
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* •?** Motley sent hr mail is ft the risk of the Editor,
|'Mr Pd. if the remittance miscarry, a receipt be ex-
I ’Aired from the Post Master. ’
Professional (f arils.
P. XV. Alexander,
11 TTOR Xi: Y A T LA W,\
Tfiomaston, Georgia.
I nor 25, 1859 1 y
G. A. MILLKIt,
ATTO RN E V A T LA\V ,
Thoinaston, Georgia.
C. X. Gooob
Warren & Goode,
Utto j; y E YS A T LA W
Perry, Houston Cos., Ga.
I 18, 1858—ts
THOMAS BEALL,
j ATTO RN E Y A T LA\Y ,
Thomaston, Georgia.
I HU iß6o—ly
E. A* & J. W. Spivey,
IA TTO RN E Y S A T LA W ,
THOMASTON, GEORGIA.
I An* 27, 1859. . n4l ts.
William G. Horsley,
] ATTORNEY AT LAW,
Thomaston, Georgia.
I T ILL practice in Upson. Talhot, Taylor, Crawford,
I Monroe. Pike and Merriwether Counties.
1 Vil 7. 1859— 1 y.
ke.nvov. r. h. rrLLQCH.
KENNON & BULLOCH,
‘ITORNEFS AT LAW,
| Hamilton, Geor2ia.
11\ TL practice in all the counties of the Chaffa
[ h l "tehee Circuit. Troup and Merriwether, and in
1. Joining counties in Alabama.
• Prompt attention given to collections.
. business entrusted to their care will receive
, ‘‘l’ l attention. *.
~ eOl tile firm will he found at the office at all
’ Office on the East side of the public square in
‘ c k building.
T ®°* of the Courts ik Harris.—Superior
-'l Monday in April and October. Inferior
: 1 Monday in January and July. Ordinary s
c,.,’ >r in each month.
ly.
-A.. C. IVloore,
i Dentist,
( V FI TIIOMASTON, GA.
1 ‘ ‘>.:° T Ver DR - THOMPSONS’ Store,
1 of i arn to attend to
I ‘ b - Operations* My work
THE CONSTITUTION OF THE
STATE OP GEOUGIA.
Article 1.
Declarations of Fundamental Principles.
1. The fundamental principles of Free
Government cannot be too well understood,
nor too often recurred to.
2. God has ordained that men shall live
under government, but as the forms and
administration of civil government are in
human, and, therefore, fallible hands, they
may he altered, or modified, whenever the
safety or happiness of the governed requires
it. No government should be changed for
light or transient causes ; nor unless upon
reasonable assurance that a better will be
established.
3. Protection to person or property is
the duty of Government ; and a Govern*
mi nt which, knowingly and persistently
denies, or withholds from the governed
such protection, when within its power, re
leases them from the obligation of obedi
ence.
4. No citizen shall be deprived of life,
liberty or property, except by due process
ot law ; aod ot life or liberty, only by the
judgment of his j eers.
5. The writ of “habeas corpus ” shall
not be suspended, unless in case of rebel
lion or invasion, the public safety may re
quite it.
6. 1 lie right ot the people to keep and
bear arms shall not be infringed.
7. No religious test shall he required for
the tenure ol any oilice • and no religion
shall be established by law, and no citizen
shall be deprived of any right or privilege
by reason of his religious beii*f.
8. Freedom of thought and opinion, free
dom ot speech, and freedom of the press,
are inherent elements of political liberty’.
Hut while every citizen may freely speak,
write, and print, on any subject, he shall
be responsible for the abuse? ot the liberty.
y. The right of the people to appeal to
the courts ; to petition Government on all
matters of legitimate cognizance ; and
peaceably to assemble for the consideration
of any matte*- of public concern—shall nev
er be impuin and.
10. For every light, there should be pro
vided a remedy ; and every citizen ought
to obtain justice without purchase, with
out d< trial, and without delay—comforma
bly to the laws ol'the land.
11. Fv tv person charg'd wi-li an <>{-
i* nee against the laws ot the State shall
have n:t piivilege and benefit of counsel :
Fund. Ik* furnished* on demand, with a
co. y of lie. a • usatioio and wit-h a lUt of
the witnesses against him :
{shall have compulsory process to obtain
the attend .nee - t bis own witness:
j— Lc*ll ‘ C'-nfroiited with the witnesses
Ustiiving against him. tit and
Shall have a public and speedy trial by
an impartial jury.
12. No person shall be put in jeopardy
of life or liberty mure than once tor the
same offence.
13. No conviction shall work corrup- :
tion of Mood, or general forfeiture of es
tate. • ii
14. Excessive bail shall not be require!!,
nor excessive tint's imposed, nor cruel and
unusual i unishments inflicted.
Ij. The power of the courts to punish
for contempt shall be limited by legislative
acts.
1(5. A faithful execution of the laws is
essential to good order, and good order in
society is essential to liberty.
17. legislature acts in violation of the
fundamental law tire void, and the Judici
ary shall so declare them.
‘lB. Ex p oat facto laws and laws impair
ing the obligation ot contracts, and retro
active legislation injuriously affecting the i
right of the citizen, are prohibited.
10. Laws should have a gen ral opera
tion ; and no general law shall be varied in
a particular case by special legislation, ex
cept with consent of all persons to be affec
ted thereby.
20. The right of taxation can be grant
ed only by the people, and shall be exer i
eised only to raise revenue lor the support'j
of Government, to pay the public debt, to
provide for the common defence, and for
such other purposes as are specified, in the
I grant of powers.
21. In cases of necessity, private ways
and the right to carry water over-land, for
the purpose of mining and draining, may
be granted upon compensation being first
paid ; and with this exception, private
property shall not be taken, except for pub
lic use, and then only upon just compensa
tion —such compensation, except in cases
of pressing necessity, to be first provided
and paid.
22. The right of the people to he secure
in their persons, houses, papers, and effects,
against unreasonable searches and seiz
ures, shall not be violated ; and no warrant
shall issue but upon probable cause, sup
ported by oath or affirmation, and partic
ularly describing the place or places to be
searched, and the persons and things to be
seized.
23. Martial law shall not be declared,
except in cases of extreme necessity.
24. Large standing aituies, in time of
peace, are dangerous to liberty.
25. No soldier shall, in time of peace, be
quartered in any house without the consent
of the owner ; nor in time of war, but id a .
manner prescribed by law.
25. The person of a debtor shall not be
detained in prison after delivering bdna
fide all his estate for the use of his credi- ,
27 The enumeration of rights herein
contained shall not be construed to deny I
to the people any inherent rights which
‘THE UNION OF THE STATES; --DISTINCT, LIKE THE BILLOWS ; ONE, LIKE THE SEA.”
TIIOMASTON, (iEORUIA, SATrBMV MURNIMiTAPHIL IX l-fil.
! they have hitherto enjoyed.
28. This declaration is a part of this
Constitution, and shall never be violated
on any pretence whatever.
ARTICLE 11.
Sec. 1 —l. The Legislative, Executive
and Judicial Departments shall be distinct,
and each department shall be confided to a
separate body of magistracy. No persoh
or collection of persons, being of one de
partment, shall exercise any power proper
ly attached to cither of the others, except
in cases herein expressly provided.
2. The legislative power shall he vested
in a General Assembly, which shall con
sist of a Senate and House ot Representa
tives.
3. The meeting of the General Assem
bly shall he annual, and on tbe first
Wednesday in November, until such day
of meeting shall be altered by law. A ma
jority of each house shall constitute a quo
rum to transact business ; but a similar
nilmber may adjourn from day today, and
compel the attendance of their members
in such manner as each house shall pre
scribe. No session of the General Assem
bly shall continue for more than forty days,
unless the Same shall be done by a voice of
two-thirds of each branch thereof.
4. The compensation of the members
and officers of the General Assembly shall
he fixed by law, at the first session subse
quent to the adoption of this Constitution;
and the same shall not. be increased so as
to affect the compensation ot the members
or officers of the Assembly by which the
increase is adopted.
5. No person holding any military com
mission or appointment, havingany emolu
ment. or compensation annexed thereto, un
der tills Siaie or Hie oomeuerate States,
or either of them (except Justices of the
Peace, and officers ot the militia, j nor any
defaulter t->r public money, or for legal
taxes required of him, shall have a seat in
either branch of the General Assembly ;
nor shall anv Senator or Representative,
after his qualification as such, he elected to
any office or appointment by the General
Assembly having any emoluments or com
pensation annexed thereto, during the
time for which he shall have linen elected.
6. No person convicted ot any felony, in
volving nay species of the crimen julsi, be
i fore any court in this IState or the Cont d*
orate States, shall be eligible to an) office
or appoint merit, of honor, profit, or trust,
within this State.
7. No person who is a collector or hoi
der of public money, shall be eligible to
any office iii \lils fstate, unit’ tie sane i.-<
accounted for and paid into the Treasury.
Sec. 2. 1 The Senate shall consist, of
forty-four members, one to be chosen from
each Senatorial District, which district
shall he composed of three contiguous
counties. If anew county is established,
it shall be added to a district which it ad
joins, until there shall he another arrange
ment of the Senatorial Districts. The Sen
atorial Districts shall not be changed, ex
cept when anew census shall have been ta-
I
ken.
2. No person shall be a Senator who
shall not have attained to the age of twen
ty-five years, and be a citizen ot the Con
federate States, and have beers for three
years an inhabitant ot this State, and for
one yeui <t resident of the district from
which he is cliogen.
3. The presiding officer shall he styled
the President of the Senate, and shall be
elected viva voce from their own body.
4. The Senate shall have the sole power
to try all impeachments. \\ hen sitting
for that purpose, they shall he on oath or
affirmation ; arid no person shall be convic
ted without the concurrence <>t two-thirds
of the members present. Judgment, iii
cases of impeachment, shall not extend
further that! removal from office and dis
qualification to hold and enjoy any office
of honor, profit or trust vvilhin this State;
hut the party convicted shall, nevertheless,
be liable and subject to indictment, trial,
judgment, and punishment according to
law.
Sec. 3 —l. The House of Representa
tives shall he composed as follows: ihe
thirty-seven counties having the largest
representative population shall have two
Uepresentatives each. Every other coun
ty shall have one Uepreseutative. The de
signation of the counties having two Uep
reseiiiatives shall b * made by the General
Assembly immediately after the taking of
each census.
2. No person shall be a representative
who shall no’ have attained to the age of
twenty-one years, and be a citizen of the
Confederate States, and have been for three
years an inhabitant ot this State, and for
one year a resident of the county which he
represents.
3. The presiding officer of the House of
Representatives shall bestyled the Speaker,
and shall be elected viva vuca from their
own body.
4. They shall have the sole power to im
peach all persons who have been or may be
in office.
5. All bills for raising revenue, or ap
propriating money, shall originate in the
House of Representatives; but the Senate
mav propose or concur iu amendments as
in othei hills.
ec 4 —l. Each House shall he the
judge of the election returns, and qualifi
cations of its own members ; and shall
have power to punish them for disorderly
behavior or misconduct, by censure, fine,
imprisonment, or expulsion ; hut no mem
ber shall be expelled except by a vote of
two-thirds of the House from which he is
expelled. . # ;
i 2. Each House may punish, by impris-
onment not extending beyond the season,
any person not a member, who shall he
guilty*of a contempt, by any disorderly
behavior iu its presence, or who, during
j the session, shall threaten injury to the
person or estate of any member, for any
thing said or done in either House, or who
j shall assault any member thereof, or who
shall assault or arrest any witness going to
or fettiming therefrom, or who shall rescue
or attempt to rescue, any person arrested
by.order of either llotiife.
i 3. The members of both Houses shall
he free from arrest, during their attend
ance on the General Assembly, and in go
ing to or returning therefrom, except for
treason, felony, or breach of the peace.—
And no member shall be liable to answer,
in any otner place, for anything spoken in
debate in either House.
4. Each House shall keep a journal of
its proceedings, and publish them imme
diately after its adjournment-. The yeas
and nays of the members on any question
shall, at the desire of one-fifth of the mem
bers present, be entered on the journals.
The original journals shall be preserved
’ (after publication) in the office of the
Secretary of State ; but there shall he no
other record thereof.
5. Every bill, before it shall pass, shall
be read three times, and on three separate
and distinct days, in each House, unless in
cases of actual invasion of irisUrfection.—
Nor shall any law or ordinance p >ss which
refers to more than one subject matter, or
contains matter different Horn what is ex
pressed in the title thereof.
(j. AH acts shall be signed by the Presi
dent of the Senate and the Speaker of the
House of Representatives; ‘>*>4 hill, <>*
ii-uoluilon I mend eh to have the
effect of law, which shall be again pro
posed under the same or any other title,
without tin* consent of two-thirds of the
House by which the same was rejected.
7. Neither House shall adjourn for more
than three days / nor to any other place,
without the consent of the other ; and in
case of disagreement between the Houses
on a question of adjournment, the Govern
or may adjourn them.
8. Every Senator and Representative,
before taking his seat, shall take an oath
or affirmation to support the Constitution
of the Confederate States and of this
State; and also that he hath not practised
any unlawful means, either directly or in
directly, to procure his election. And eve
ry person convicted of having given or of
fered a bribe, shall be disqualified from
ir; * r Jitc ii i *> l clllld IX* H ISIJ
the lei in for which he was elected.
( J. \Vhenever this Constitution requires
an act to he passed by two-thirds ol both
Houses, the yeas and nays on the passage
Ti reuf shall be entered on the journal of
each.
Sec. 5. 1. The General Assembly shall
have power to make all laws and ordinan
ces, consistent with this Constitution and
not repugnant, to the Constitution of the
Confederate States, which they shall deem
necessary and proper for the welfare ot the
; State. .. , ,
i 2. They may alter the boundaries of
counties, and lay off and establish new
counties, but. every bill to establish anew
county shall he passed by at least two
thirds of the members present, in both
branches of the General Assembly.
S. They shall provide for the taking of a
census or enumeration of the people of
the people of this State, at regular decades
lof years, commencing at such times as
they may presribe.
4 The General Assembly shall have
power to appropriate money for the pro
motion of learning and science, and to
provide for ilie education of the people.
6 The Gi petal Assembly shall have
power, by a vote of two-thirds of each
branch, to grant pardons in cases of final
conviction for treason, or to pardon ,or
commute in cases of final conviction for
murder.
Bec. G.—l. The General Assembly shall
have no power to grant corporate powers
and privileges to private companies, except
to banking, insurance, railroads, canal,
plank road, navigation, mining, express,
lumber, and telegraph companies ; nor to
make or change election precincts : nor to
establish bridges and ferries; nor toelmng*-
names, or legitimate children; but shall
by law prescribe the manner in which such
power shall he exercised by the courts. —
hut no bank charter shall be granted or ex
tended, and no act passed authorizing the
suspension of specie payment by any
chartered Dank, except by a vote of two
thirds of each brunch of the General As
sembly.
2. No money shall be drawn from the
Treasury of this State, except by appro
priation made by law ; and a regular
statement and account of the receipt afid
expenditure of all public money shall be
published from time to time.
3. No vote, resolution, law or order shall
pass, granting a donation or gratuity iu
fatof of any person, except by the concur
rence of two-thirds of each branch of the
General Assembly.
4. No law shall be passed by which a
j citizen shall be compelled, directly, or in-
I directly, to become a stockholder in or con
tribute to a railroad or other work of in- j
ternal improvement, without his consent ; !
except the.inhabitants of a corporate tovhi
or city. This provision shall not be con-j
strued to deny the power of taxation for
the purpose of making levees or dams to
prevent the overflow of rivers.
Sec. 7.—1. The importation or intro
duction of negroes fioin any foreign coun
try, other thau the slaveholdiug States or
Territories of the Uffiifed States of Amer
ica, is forever prohibited.
5. The General Assembly may prohibit
the introduction of negroes from any State;
but they shall have no power to prevent
immigrants from bringing their slaves with ,
them.
3. The General Assembly shall have no
power to pr,ss laws for the emancipation of
slaves.
4. Any person who shall maliciously kill
or maim a slave, shall suffer such punish
ment as would be inflicted in case the like
offence had beeu committed ouafree white
person.
ARTICLE 111.
Sec. 1. The Executive power shall be
vested in a Governor* who shall hold his
office during the term of two years, and
until such time as a successor shall be
chosen and qualified. He shall have a
competent salary fixed by law, which shall
not be increased df diminished during the
peril and for which he shall have been elected \
neither shall he receive, within that period,
any other emolument from the Confederate
States, or either of them, or from any for
eign power.
2. Tiie Governor shall be elected by the
persons qualified to vote for members of
the General Assembly, on the first Wed
nesday in October, in the year of our Lord
1861 ; and on the first Wednesday in Oc
tober in every second year thereafter, until
such time be altered by law ; which elec
tion shall be held at the place of holding
general elections, in the several counties of
the Htate, in manner prescribed for the
election of members of the General Assem
bly. The returns f<o* *• O
Uovornor U 1 be sealed up by the Diana j
gets separately from other returns, and di- j
rected to the President of the Senate and
Speakei of the House of Representatives,
and transmitted to the Governor, or the!
person exercising the duties of Governor
for the time being, who shall, without
opening the said returns, cause the same
to be laid before the Senate, on the day
after the two Houses shall have been or
ganized J and they shall be transmits and by
the Senate to the House of Representa
tives. The members of each branch of the
General Assembly shall convene in the Rep
resentative chamber, and the President of
the Senate, and the Speaker of the House
of Representatives, shall open and publish
the returns m presence of the General As
sembly ; and the person having the ma
jority of the whole number of votes given
in fill 11 TANARUS.,. .1.-1... V 1 Julj clcuuru uuvmmi’
of this State ; but if no person have such
majority, then from the two personshav
ing tiie highest niithfier of votes, who shall
be in life, and shall not decline au election
at the time appointed tor the Legislature
to elect, the General Assembly shall imme
diately elect a Governor viva voce ; and in
all cast's of election of a Governor by the
General Assembly, a majority of the votes
ot tiie members present shall he necessary
for a choice. Contested elections shall be
determined by both Houses of the General
Assembly, in such manner as shall be pre
scribed by law.
3. No person shall he eligible to the of
fice of Governor who shall not have been a
citizen of the Confederate States twelve
years, and an inhabitant of this State six
years, and who hath not attained the age
of thirty years.
4. In case of the death, resignation, or
disability of the Governor, the President of
the Senate shall exercise the Executive
powers of the Government until such disa
bility be removed, or a successor is elected
and qualified. And in case of the death,
resignation, or disability of the President
of the >cnute, the Speaker of the House of
Representatives shall exercise the Execu
tive power of the Government until the re
moval of the disability, or the election and
qualification of a Governor.
5. The Governor shall, before he rfitef”
on the duties of his office, take the follow
ing oath or affirmation : i; I do solemnly
swear or affirm (as the ea.se may be,) that
[ will faithfully execute the office of Gov
ernor of the State of Georgia ; and will,
to the best of toy abilities, preserve, pro
tect and defend the Constitution thereof.”
Sec. 2.—1. The Governor shall be Com
mander-in-Chief of the army and navy of
this State, and of the militia thereof.
2 He shall have power to grant re
prieves for offences against the State, ex
cept in cases of impeachment, and to grant
pardons, or to remit any part ot a sentence
in all casesafter conviction; except for trea
son or murder, in which cases he may res
pite the execution, and make report thereof
to the next General Assembly.
3. He shall issue writs of elections to fill
vacancies that happen in the Senate or
House of Representatives, and shall have
power to convene the General Assembly on
extraordinary occasions ; and shall give
them, from time to time, information of the
state of the Republic, and recommend to J
their consideration such measures as he may
deem necessary and expedient.
4. When any office shall become va
cant by death, resignation, or otherwise,
the Governor shall have power to fill such
vacancy, unless otherwise provided for by
law ; and persons so appointed shall con
tinue in office until a successor is appoint
ed agreeably to the mode pointed out by
this Constitution, or by law in pursuance
thereof.
5. A person once rejected by the Senate
shall uot be re-appointed by the Governor
to the same office, during the same session,
or the recess thereafter.
6. The Governor shall have the revision
of all bills passed by both Houses, before
the same shall become laws, but two-thirds
Idditor and I^roprietor*
Volume 3—N timber 2L
of each House may pass a law, notwith
standing his dissent sand if any bill should
not be returned by the Governor within five
days (Sundays excepted) after it has been
presented to him, the same shall he a law.
, unless the General Assembly, by their ad
journment. shall prerent its return. Ho
may approve any appropriation and disap
, prove any other appropriation in the same
i bill, and the latter shall not bo effectual
unless passed by two-thirds of each House.
7. Kvtry vote, resolution, or order, to
which the concurrence of both House® ipav
he necessary, except on a quest fob of eN*e*
1 1ion or adjournment, shall hs preserved to
| the. Governor ; and before it shall take ef
fect. be approved bv him, or being disap
proved, shall be re-passed by two-thirds of
eacli Ueus', according to the rules and l;in
: Itations prescribed in case of a bill.
S. There shall be a Secfetary of State, a
| Comptroller General, a Treasurer, and
Surveyor Genera], elected by the General
! Assembly, and they shall hold their offices
for the like period a® the Governor, and
shall have a competent salary, which shall
not be increased or diminished du ing tho
period for which they shall have been elec
-1 ted. The General Assembly may at any
I time consolidate any two of th’se odices,
and require all the duties to be discharged
i by one officer.
0. The great seal of the State shall bo
j deposited in the office of the Secretary of
| State, and shall not be affixed to any in
-1 strumeut of writing, but. by order of the
Governor or General Assembly ; and the
General Assembly shall, at their first ses
, sion, after the rising of this Convention, by
ItVW f'.HIICP tlo lliUfr^U,
10. The Governor shall have power toap
j point his own Secretaries, not exceeding two
in number.
ARTICLE. IV.
Sec. l.yi—l The Judicial powers of this
State shall be vested in a Supreme Court
for the correction of errors, Superior, Infe
! rior, Ordinary, and Justices’ Courts, and
jin such other courts as have been, or may
1 be established by law. ,
2. The Supreme Court shall consist of
three Judges, who shall be appointed by
, the Governor, with the advice and Cohserlfe
of two-thirds of the Senate, tor such term
1 of years as! shall be prescribed by lliw, &hct
shall continue in office until their success
! ors shall be appointed and qualified, re
i movable by the Governor on the address of
j two-thirds of each branch of the G< neral
’ Assembly, or by impeachment and convic
a. I il 4 VViJi
3. The said court shall have no original
jurisdiction, hilt shall be a court alone for
the trial and correction of errors in law and
equity from the Superior Cottrts of theeev-
eral circuits, and shall sit at least once a
year, at a time prescribed by law, in each
of one or more judicial districts, designa
ted by the General Assembly for that pur
pose, at such point hi each district, as shall
by the General Assembly, be ordained, for
the trial and,-detefmihation of writs of error
frorri the several Superior Courts Included
in such judicial districts.
4. The said Court shall dispose of and
finally determine every case on the docket
of such com tat the first or second terra
after such writ of error brought ; and in
case the plaintiff in error shall not be pre
pared at the first term of such court, after
error brought, to prosecute the cause, un
less precluded by some Providential cause
from such prosecution; it shall be stricken
from the docket, and the judgment below
shall stand affirmed. ty
Sec. 2. 1. The Judges cf the Superior
! Courts shall be appointed in the same man
. tier a 0 Judges of ilie Supreme Court, from
the circuits in which they are to serve, sos
the term of four years, and shall continue
in office until their successors shall be ap
pointed and qualified, removable by the
Governor on the address of two thirds of
I each branch of the. General Assembly, or
by impeachment and conviction there in.
2. The Superior Court shall have exclu
-1 sive jurisdiction in all cases of divorce, both
total and partial ; b it no total divorce shall
hr granted, except on the concurrent ver
dicts of two special juries. In each divorce
case, the court shall regulate the rights and
disabilities of the parties.
The Superior Court shall also have ex
clusive jurisdiction in all criminal cases,
except as relates to people of co’pr j fines
fur neglect of duty, contempts of Court, vi
olations of road laws, and obstructions of
water courses, jurisdiction of which shall
he vested in such judicature or tribunal a<
shall be or may have been pointed out by
law ; and except in all other minor offen
ces committed hv free white persons, and
which do t'ot subject the offender or offen
ders to loss of life, limb, or member, or to
confinement in the penitentiary ; in all such
cases, Corporation Courts, such as now ex
ist, or may hereafter be constituted, in any
incorporated city, or town, may be vested
with jurisdiction, such rules and reg
ulations as the Legislature may hereafter
by law direct.
4. All criminal cases shall be tried in thg
; county where the crime was committed, eX-*
cept in cusiß where a jury cannot be ob-
I tained.
5. The Superior Court shall have exclu
sive jurisdiction in all respecting ti
| ties to land, which shall be tried in 11 6
county where the land lies, and also in 411
equity causes, which shall be tried in th 6
county where one or more of the defend
ants reside, against whom substantial re
lief is prayed.
6. It shall have appellate jurisdiction iff
all such cases as may be provided by h*W,
7. It shall have power to correct erfors
in inferior judicatories by writ of certiofa-