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|JV S. ROSE & CO.
j ji Georgia journal A. Messenger
, er<r> iV<fdnerJy morning *t %i 50 ter tnuuo.
1 P ‘ , 4 .:\r’ * she ffpllw -hr*; will i* Osr Dull tit
iv .>i urn iinxui) m>M i for the !ir*t itnwr
'* * h,n C*'r* f“ r **■** sutwequeiu iiu*-rt*oa. All
n ... uv*t- no. jeclle.l a* to tiiiMs, will lie |.iibli*hd
t .ni l wfnlin(rtT. A literal ilincount
.j iuoj fco udvitriinf tjf UM year.
* * 4#r of uvoi TUS Uawill I* chargr.l at
r- of c*ndiU*l<“’ for offi.-e, to lw j>ald at
” rales, when iasertnl.
trr.m*.lo sith oooritjr nffifrn, Dmr
v utieiri, .HmclohU, ami others, who may whii to
• ’ i uited coatrw*’*.
Last* *no >tßKO*'t,by EieeHtora, Administrator#
.j, , ai . are r**tid by taw to be advertised iu a
•* ,?.etiv, forty days previous to the day of sale.
. ,>.s , a a-t be bel I nth* tir*t Tuesday In the month,
bourn of ten in the forenoon ami three in the
‘at tbs Court-house in the county in which the
■ . . rated.
PaoPuaiT must be advertised in like
. n | laj i.
” TJ Dniiti a si* CfeKDiTnas of an Estate must be
V lays.
th it ii*pi!'-ttlon will be made to ti*e Ordinary for
-vl I. uni and Negroes, must be published weekly lor
**. ,v for Letters of Administrations, thirty day* ; for
.. , a from Administration, monthly, sis months; for
. ;a frjia Ouardianship, weekly, forty days
* .-i fob Foatct/tMSa or HiXMiae, monthly, four
fir ejtablishinir lost papers, for the full space of
.. ir.ths for cooipeUiug lilies from execntors or ad -
where a bond ha* been given by the deceased,
e > fjii space of three months.
‘''jf ;,ritefs addressed to 8. ROSE A CO.
preic*ional and
ff ~ dll AND BCSISE.-S Cssns will be inserted under
. ~J, at the following rate*, via:
i’ a lire* lines, per annum, 5 00
.-•s.en line i, do 10 o*>
lines, do lit 00
I . jlve does, do 15 00
t:-eiusntsof this class will be admitted, unless j
r tn advance, nor fur a less term than twelve mouths.
■ vnts of over twelve lines will be charged PH* * Hals,
•eiuents not paid for In advance will be charged at
.' t rsvalar rates.
ItKOUL.AU meetings
,F II ISON'S, KN'IGUT TEMPLARS, ODD FEL- j
LOWS AND 30X8 OF TEMPERANCE,*
HELP IN TUI CITY Os MACON.
MASONS.
• ta>l L ■•*?■* of lleorg.a fbr tX-t<dmr 31 t.
.. .. .ne Chapter, No. 4, second Monday night in each
.-vvio Council, No. C, fourth Monday night in each
r - * Ku •ampment. Knights Templar, No. 2, Meeting*
firry first Tuesday n l ght tn each month.
ODD FELLOWS.
- in .| Lj ic, first Wednesday in June.
,_ ; 4 Kncarupment,Tuesday previous.
n l.oig- 1 , S . 2, every Thursday evening.
Brothers, N0.5, every Tuesday evening,
v in Kucarupiuent, N0.3, second and fourth Mnn
uy evenings in each month.
SONS OF TEMPERANCE.
.; [>, ,ion, fourth Wednesday in October, annually.
•PROFESSIONAL CARDS.
J. BRAtHAH, Jr.
attorney at law,
iRACON, CIA.
i vfflCE on Cotton Avenue over the Baptist Book
( ) . room formerly oeeupie-l by Dr. Green.
Si. took,
ATTORNEY AT LAW,
MACON, GEORGIA.
AFFICR with Speer k Hunter, over Bostick’* Store.
U Feb. 20, iafil —y
LA.HAit COBB,
ATTORNEY AT LAW,
MACON, GEORGIA,
*\FA’IAU on Mulberry street, ovsr the Store of A. M.
\ ) t,,, f. u rjr A DO.,in Boardman's Washington Block.
> ..ra tice iu bibb, Crawford, l>ooiy, lloiulnn, Macon,
Ta.gi.-s, rt urth, and oumter. feb Z7-y
LAW CAK I>.
ML&SRS. COOK, ROBINSON A MONT FORT,
IFiLL pra- tier Law in the counties of Taylor, Macon,
ff Houston, Dooly, Sumter, Marion, Schley, and :n such
1 eouauea in the State * their busmen* will authorise.
.#* il, rat K at Ogieiiiorpe.
CIIILIP COOK,
W. H. ROBISSON,
,an* h)-’4o—tf T. W. MONTEOKT.
. saa.. J *°- •* * ,u -
Law Partuei>lip.
HILL & HILL,
to ihs uu fi*m or eTCEBS a hili..)
WILL practice In the Macon and adjoining Circuits,
ii.A in the Supreme and Federal Courts, the same as
i.*rtofcre by the late firm of Stub!** A Hill.
Tie onJerslged will close up the business of the late firm
v -übbs A Hill, a* speedily as possible: and to this end, all
i indebted to said firm, are requested to make pay
sent at as early a day as practicable.
B. HILL, surviving partner of
A rust 24,1559 —28-ts Stubbs k Hill.
LAZIER & ASfDERSOII,
ATTORNEYS AT LAW,
MACON, 04.
PatCTICK in the Counties of the Macon Circuit, and In
I ‘-he Counties of Sumter, Monroe and Jones; also in toe
Courts at Savannah.
[aprSl ’SB-ly]
<! l \ eimi >e a ImUTt
ATTORNEYS AT LAW,
KNOXVILLK AND FORT VALLEY, A.
<. V. CITLVLRHOCSE, F. A. ANSLEV,
Knoxville, G. Fort Valley, Ga.
Js-tSI-bSb-ly
L. if. WHITTLE.
ATTORNEYAT LAW,
MACON, GEORGIA.
IFFICE next to CONCERT HALL,over Payne** Drug Store
jan. 6, [4l-ly.]
THOMAS B. CABANISS,
attorney at law,
Forsytli, G-a-
AV attend promptly to all bu*mr® entruited to his
\1 care in the Counties of Monroe, liibb, Butti, Crawford,
ncs, Pike, Spalding and Cpson. [nay 12 ’sb]
PLEPLEB &CABANISB,
attorneys at law,
POIISYTH. CiA.
V\ r ILL practice law in the coontiea of Monroe* Bibb, Up
m sun, Pike, Spalding, ilenrj and butt*. Mr. Cabanisi
* < •'* prompt and constant attention to the collection and
* .rinjr of dtbu and claims. rtiniMfnfl
C 5 PEEBLES, GEO. A. CAB AN 188.
formerly of Athena* Ga. _ 6-\j.
JOEL K. GRIFFIN,
ATTORNEY AT LAW,
MACON, GEORGIA.
Ain I.L. practice in the Counties of Macon anl the ad-
II j Circuit.. Also in the .ounties of the West and
*.t W e st Georgia, accessible by Hail Hoad.
Particular personal attention given to collecting.
4*T Office with O. A. LocbraDe, Dtwour’i Building, 2d
Street. feb -’o—t6-tf
brs .V’DONALD a VAN tiIESCN,
DENTISTS,
Offi’ e in WawbiiigUm Itlock, .tiaron, Ga.,
KLKCTRICITY USED IN EXTRACTING TEETH.
Ml C DOM tLD’S Tooth Paste always -y-gw.jga
on hand and for sale. Dentists can WiL,
• 1 with the finest style of TEETH,
\ <i Pod, Gold and Silver Plate and Wire,
‘■y Pivtures, Ac., also with any kind of Instruments or
ii* on short notice. °ct 13
A. C. .HOOKE,
TANARUS) 35 IST,
‘I'HOMASTON, G.A..,
(kFPiCE over Dr. Thompson’s Store. My work is my
’ f Inference. l*pr 1 *-tf 1
L. D. WILCOXSON & CO..
utrr*cTrkßs asn stunt r*
CARRIAGES and harness,
or event DESCkTPTIOS.
•Sr.oww/ St., nr-j-t dnor th- jtPijitiM. ttrch,
HII Bin store at all prices snd for ile on tli* rnort
reasonable terms, a complete assortment of Pine
iies.Calerhes. Brens, l*h-to*, Rockaway.and Buggies.
ne: tT y >lw t r p, ht Pi %nta y 011 Wagons witli Iron A.xtek, of
\-Z2} Possible description.
Ail work warran*l. |H> 6,1*^1
Lmr>ions of the Old Palmello Mate,
BY J. H. CALDWELL,
T H; GEIIKGIA CONFI.KEKCE.
1 n 2 w * ,MI interesting book may now be h*d at the
thodlst Book Depository. Price glim. Sent, post
?x * of ue SUM for SI.2S. Addreu.
1 4. W. BURKE.
... - ~ i rmrmtmm w^w— —■—w———i———i—Mß
THE CON ST 1 TUtToN
OF
Till: STATE OF GEORGIA.
ARTICLE 1.
DECLARATION OF FUNDAMENTAL PRINCI
IM.EH.
1. Tho fundamental principles of Free
Government ran not lo 100 well understood,
n'r too often recurred to.
~. Cod has ordained that men shall live
uutWr government; but as the forms and
v.duiiiii-tratious oi eivil government are in
litunan, and therefor** fallible bands, thev
ma\ be altered or modified whenever the
safety or happiness of the governed require
it, No government should be changed for
I light or transient causes j nor*unless upon
j reasonable assurance that a lietier will be
established.
•1. Protection to person and property is
the duty of Government j and a Government
which knowingly and persistently denies, or
withholds from the governed such protec
tion, when within its power, releases them
from the obligation of obedience.
4. No citizen shall lie deprived of life,
libehy or property, except by due process
of law ; and of life or liberty, only by the
judgment of his pec-r.
5. The writ of “ Habeas Output” shall
not be suspended, unless in ease of rebel
lion or invasion, the public safety may re
quire it.
fi. The right of the people to keep and
; Lear arms shall not be infringed.
i. No religions test shall be required for
the tenure of any office; and no religion
shall be established by law j and no citizen
shall be deprived of any right or privilege
by reason of his religious belief.
8. Freedom of thought and opinion, free
dom of speech, and freedom of the press, are
inherent elements of political liberty. Put
while every citizen may freely speak, write
and print on any subject, he shall be res
ponsible for the abuse of the liberty.
9. The right of the people to appeal to
the courts ; tn petition Government, on all
matters of legitimate cognizance ; and peace- •
ably to as cm hie for the consideration of
any matter of public concern—shall never
be impaired.
10. For every right, there should lie pro
vided a remedy ; and every citizen ought to
obtain justice without purchase, without
denial, and without delay—conformably to
the laws of the land.
11. Every person charged with an offence
against the laws of the State shall have the
privilege and benefit of counsel.
Shall be furnished, on demand, with a
copy of the accusation, and with a list of
witnesses against him:
Shall have compulsory process to obtain
the attendance of his own witnesses :
Shall be confronted with the witnesses
testifying against him ; and
Shall have a public and speedy trial by
an impartial jury.
12. No person shall be put in jeopardy
of life or liberty more than once for the same
offence.
Id. No conviction shall work corruption
of blood, or general forfeiture of estate.
14. Excessive bail shall not be required;
nor excessive fines imposed ; nor cruel and
unusual punishment inflicted.
li>. The power of the courts to punish for
contempt shall lie limbed by Legislative
Acts.
10. A faithful execution of the laws is
essential to good order ; and good order in
society is essential to liberty.
17. Legislative Aets in violation of the
fundamental laws are void ; and the judi
ciary shall so declare them.
I*. Hr pout facto laws, and laws impair
ing the obligation of contracts, and retro
active legislation injuriously affecting the
right of the citizen, are prohibited.
19. Laws should have a general opera
tion ; and no general law shall be varied in
a particular case by special legislation ; ex-1
eept with consent of all persons to be affect
ed thereby.
‘2O. The right of taxation can be granted
only by the people ; and shall be exercised
only to raise revenue for the support of
Government, to pay the public debt; to
provide for the common defence, and for
such other purposes as are specified in the
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 just compensation being first
paid ; and with this exception, private prop
erty shall not be taken except for public
use ; ami then, only upon just cases of pres
sing necessity, to be first provided and paid.
22. The right of the people to be secure
in their persons, bouses, papers and effects
against ureasonable searches and seizures,
shall not be violated ; and no warrant shall
issue but upon probable cause, supported by
oath or affirmation, and particularly describ
ing the place or places to be searched, and.
the person and things to be seized.
23. Mart ial law shall not be declared, except
in case* of extreme necessity.
24. Dirge standing armies, in time of
peace are dangerous to liberty.
25. No soldier shall, in time of peace, be
quartered in auy house without the consent
of the owner ; nor in time of war, but in a
manner prescribed by law.
2<>. The person of a debtor shall not be
detained in prison after delivering bona file
all his estate for the use of Ins creditors.
27. The enumeration ol rights herein con
tained shall not be construed to deny to the
people any inherent lights which they have
hitherto enjoy*d.
28. This declaration is a part of this Con
stitution, and shall never be violated on any
pretence whatever.
ARTICLE 11.
Section 1.
1. The Legislative, Executive and Judi
cial Departments, shall be distinct; and
each department shall be confided to a sep
arate body of magistracy. No person or
collection,of persons, being of oue depart
ment, shall exercise any power properly
attached hither of the others ; except in
case.? herein expressly provided.
2. The legislative power shall be vested
in a General Assembly, which shall consist
of a Senate and House of Representatives.
3. The meeting of the General Assembly
shall be annual, and on the first Wednesday
in November, until such day of meeting
shall be altered by law. A majority of
each House shall constitute a quorum to
transact business; but a smaller number
I may adjourn from day to day, and compel
the attendance of their members, in suehj
MACON, GEORGIA, WEDNESDAY, APRIL.], 1801.
manner as each house shall prescribe. No
session of the General Assembly shall con
tinue for more tlutu forty days, unless the
same shall be done by a vote of two-thirds
of each branch thereof.
1. The compensation of the members and
officers of the General Assembly shall be
fixed by law, at the first session, subsequent
to the adoption this Constitution; and
the same shall not be increased so as to
affect the compensation of the members or
officers of the Assembly by which the in
crease is adopted.
o. No person holding any military com
mission or other appointment, having anv
emolument or compensation annexed there
to, under this State or the Confederate
States, or either of them, (except Justices
ot the Inferior Court, Justices of the Peace
and officers of the militia,) nor any default
er for public money, or for legal taxes re
quired of him, shall have a seat in either
branch of the General Assembly ; nor shall
any Senator or Representative, after his
qualification as such be elected to any office
or appointment by the General Assembly
having anv emoluments or compensation an
nexed thereto, during the time for which he
shall have been elected.
0. No person convicted of any felony
involving any species of crin# * fofsi, before
any Court of this SiAte or of the Confederate
States, shall be eligible to any office or ap
pointment of honor, profit or trust, within
this .State.
7. No person who is a collector or holder
of public money, shall be eligible to any of
fice iu this State, until the same is accounted
for and paid into the Treasury.
Section ‘l.
1. The Senate shall consist of forty-four
members, one to be chosen from each .Sen
atorial District, which district shall be com
posed of three contiguous counties. If anew
county is established, it shall he added to a
district which it adjoins, until there shall he
another arrangement of the Senatorial dis
tricts. The Senatorial district shall not be
changed except when a new r census shall
have been taken.
: 2 . No person shall be a Senator who shall
not have attained to the age of twenty-five
years, and be a citizen of the Confedederate
States, and have been for three years an
inhabitant of this State, and for one year a
resident of the district from which he is
chosen.
3. The presiding officer shall be styled
the President of the Senate, and shall be
elected viva core from their own body.
4. The Senate shall have the sole power
to try all impeachments. When sitting for
that purpose, they shall be on oath or affirm
ation ; and no person shall be convicted
without the concurrence of two-thirds of the
members present. Judgment, in cases of
impeachment, shall not extend further thau
removal from office and disqualification to
hold and enjoy any office of honor, profit or
trust within the State; but the party con-!
victed, shall, nevertheless,’ be liable and
subject to indictment, trial, judgment and
punishment according to law.
Section 3,
1. The House of Representatives shall be
composed as follows: The thirty-seven
counties having the largest representative
population shall have two Representatives
each. Every other county ridiall have one
Representative. The designation ol the
counties having two Representativesehall be,,
made by the General Assembly immediately j
after the taking of each census.
2. No person shall be a Representative
who shall not have attained fiS the age of j
twentv-one years, and he a citizen of the
Confederate .States and have been for three
years an inhabitant of this State, and for
one year a resident of the county which he
represents.
3. The presiding officer of the House of
Representatives shall he styled the Speaker,
and shall be elected viva voce 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 appro
priating money, shall originate in the House j
of Representatives; but the Senate may
propose or concur iu amendments, as in oth
er bills.
Section 4.
1. Each House shall be the judge of the
election, returns, and qualifications of its
own members; and shall have power to pun
ish them for disorderly behavior or miscon
duct, by censure, fine, imprisonment or ex
pulsion ; but no member shall be expelled
except by a vote of two-thirds of the House
from which ho is expelled.
2. Each House may punish, by imprison
ment not exceeding beyond the session, any
person not a member, who shall be guilty
of a contempt by any disorderl} 7 behavior in
its presence; or who, during the session,
shall threaten injury to the person or estate
of any member therefor, or who shall as
sault or arrest any witness g f *ing to or return-
ing therefrom; or who shall rescue, or
attempt to rescue, any person arrested by
order of either House.
3. The members of both Houses shall be
free from arrest, during their attendance on
the General Assembly’, and in going to and
returning therefrom except for treason, felo
ny, or breach of the peace. Ami no mem
ber shall be liable to answer, in any other
plaee, for anything spoken in debate in
either House.
4. Each House shall keep a journal of its
proceedings, and publish them immediately
after its adjournment. The yeas and nays
of the’members on any question shall, at
the desire of one-fifth of the mem Inirs pres
ent., be entered on the journals. The orig
inal journals shall he preserved (after publi
cation) in the office of the Secretary of
State; but there shall be no other record
thereof.
5. Every bill, before it shall pass, shall
be road three times, and on three separate
and distinct days in each House, unless in
cases of actual invasion or insurrection. —
Nor shall any law or ordinances pass which
refers to more than one subject matter, or
contains matter different from what is ex
pressed in the title thereof.
<>. All Acts shall be signed by the Presi
dent of the Senate and the Speaker of the
House of Representatives; and no bill, or
dinance or resolution intended to have the
effect of law, which shall have been rejected
bv either House, shall be again proposed
under the same or any other title, without
the consent of two thirds of the House by
which the same was rejected.
7. Neither House shall adjourn for more
I thiin three flays, dos to any other place,
without the consent of the other; and in
ease of disagreement between the two
Houses, on a question of adjournment, the
Governor may adjourn them.
8. Every Senator and Representative, be
fore taking his seat, shall Like an oath or
affirmation to support the Constitution of the
Confederate States and of this State ; and
also, that he hath not practiced any unlaw
ful means, either directly or indirectly, to
procure his electron. And every person
convicted of having given or offered a bribe
shall be disqualified from serving as a mem
ber of either House for the term for which
he was elected.
9. Whenever this Constitution requires
an Act to be passed by two-thirds of both
Houses, the yeas and nays on the passage
thereof shall be entered on the journals of
each.
Section 5.
1. The General Assembly shall have
power to make all laws and ordinances, con
sistent with this Constitution and not repug
nant to the Constitution of the Confederate
States, whieh they shall deem necessary and
proper for the welfare of the State.
2. They may alter the boundaries of coun
ties, and lav off and establish new counties ;
but every bill to establish anew county
shall be passed by at least two thirds of the
members present, in each branch of the Gen
eral Assembly.
3. They shall provide fur the taking of a
census or enumeration of the people of this
State, at regular decades of year, commenc
ing at such times as they may prescribe.
4. The General Assembly shall have pow
er to appropriate money for the promotion
of learning and science, and to provide for
the education of the people.
5. The General Assembly shall have pow
er, by a vote of two-thirds of each branch,
to grant pardon in cases of final conviction
for treason, and to pardon or commute in
cases of final conviction for murder.
Section 0.
1. The General Assembly shall have no
power to grant corporate powers and privi
leges to private companies, except to bank
ing, insurance, railroad, canal, plank-road,
navigation, mining, express, lumber and tel
egraph companies ; nor to make or change
election precincts; nor to establish bridges
and fi Tries ; nor to change names of legiti
mate children; but shall by law, prescribe
the manner iu which such power shall be
exercised by the Gourts. Rut no hank
charter shall be granted or extended, and
no Act passed authorizing the suspension of
specie payment by any chartered hank, ex
cept by a vote of two-thirds of each branch
of the General Assembly.
‘2. No money shall be drawn fiom the
Treasury of this State, except by appropria
tion made by law ; and a regular statement
and account of the receipts and expenditure
of all public money shall be published from
time to tjrne.
3. No vote, resolution, law or order shall
pass, granting a donation or gratuity in fa
vor of any person, except by the concurrence
of two-thirds of each branch of the General
Assembly. ,
3. No law shall be passed by which a
citizen shall be compelled, directly or indi
rectly, to become a stockholder in or con
tribute to a railroad cr other work of internal
improvement, without his consent; except
the inhabitants of a corporate town or city.
This provision shall not be construed to
deny the power of taxation for the purpose
of making levees or dams to prevent the
overflow of rivers.
Section 7.
1. The importation or introduction of ne
groes from any foreign country, other than
the slaveholding States or Teiritories of the
United States of America, is forever prohib
ited.
2* 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 pass 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 been committed on a free white
person.
ARTICLE 111.
Section 1.
1. The executive power shall be vested
in a Governor, who shall hold his office dur
ing the term of two years, and until such
time as a successor shall be chosen and qual
ified. He shall have a competent salary
fixed by law, which shall not be increased
or diminished during the period for which
he shall have been elected ; neither shaH he
receive, within that period, any other emol
ument from the Confederate States, or from
either of them, or from any foreign power.
2. The Governor shall be elected by the
persons qualified to vote for members of the
General Assembly, on the first Wednesday
in October, in the year of our Lord 18(il ;
and on the first Wednesday in October in
every second year thereafter until such time
be altered by law ; which election shall be
held at the plaee of holding general elec
tions, and in the several counties of this
State, iu the manner prescribed for the elec
tion of members of the General Assembly.
The returns for every election of Governor
shall be sealed up by the managers separate
ly from other returns, and directed to the
President of the Senate and Speaker 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 organized and they shall be trans
mitted by the Senate to the House of
Representatives. The members of each
branch of the General Assembly shall con
vene in the Representative chamber, and the
President of the Senate, and the Speaker
of the House of Representatives, shall open
and publish the returns in presence of the
General Assembly; and the person having
the majority of the whole number of votes giv
en in, shall be declared duly elected Gover
nor of this State, but if no person have such
majority, then from the two persons having
the highest number of votes, who shall be
in life, and shall not decline an election at
the time appointed for the Legislature to
elect, the General Assembly shall immedi
ately elect a Governor viva voce ; and in all
cases of election of a Governor by the Gen
eral Assembly, a majority of the votes of
the members present shall be necessary for
a choice. Contested elections shall he de
termined by both Houses of the General
Assembly, iu such manner as shall be pre
scribed by law.
3. No person shall be 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 ease of the death, resignation or dis
ability of the Governor, the President of the
Senate shall exercise the executive power?
of the Government until such disability
be removed, or a successor is elected and
qualified. And in ease of the death, resig
nation or disability of the President, of the
Senate, the Speaker of the House of Repre
sentatives? shall exercise the executive power
of the government until the removal of the
disability or t le election and qualification of
a Governor.
5. The Governor shall, before he enters
on the duties of his office, take the following
oath or affirmation : “I do solemnly swear
or affirm (as the ease may be) that I will
faithfully execute the office of Governor of
the State of Georgia; and will, to the best
of iny abilities, preserve, protect and defend
the Constitution thereof.”
Seri ion 2.
1. The Governor shall be the Oommander
m-Chief of the army and navy of this State,
aDd of the militia thereof.
2. He shall have power to grant reprieves
for offences against tin* State, except in
cases of impeachment, and to grant pardons,
or to remit any part of a sentence, in all
cases after conviction, except for treason or
murder, in whieh eases he may respite the
execution, and make report thereof to the
next General Assembly.
3. He shall issue writs of executions to
till 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 their
consideration such measures as lie may deem
necessary and expedient.
4. When any office shall become vacant
by death or resignation, or otherwise, the
Governor shall have power to till such va
cancy unless otherwise provided for by law ;
and persons so appointed shall continue in
office until a successor is appointed agreea
bly to the mode pointed out by this Consti
tution, or by law in pursuance thereof.
5. A person once rejected by the Senate
shall not be r?-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
of each House may pass a law notwithstand
ing his dissent; and 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 be a law,
unless the General Assembly, by their ad
journment, shall prevent its return. He
may approve any appropriation and disap
prove any other appropriation in the same
bill, and the latter shall not, be effected un
less passed by two-thirds of each House.
7. Every vote, resolution, or order to
which the concurrence of both Houses may
be necessary, except on a question of elec
tion or adjournment,, shall he presented to
the Governor; and before it shall take ef
fect, be approved by him, or being disap
proved, shall be re-passed by two-thirds of
each House, according to the rules and lim
itations prescribed in case of a bill.
8. There shall be a Secretary of State, a
Comptroller General, a Treasurer, and Sur
veyor-General, elected by the General As
sembly, and they shall hold their offices for
the like period as the Governor, and shall
have a competent salary, which shall not be
increased or diminished during the period
for which they shall have been elected.—
The General Assembly may at any time con
solidate any two of these offices and require
all the duties to be discharged by one offi
cer.
9. The great seal of the State shall be
deposited in the office of the Secretary of
State, and shall not be affixed to any in
strument 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
law, cause the great seal to be altered.
10. The Governor shall have power to
appoint his own Secretaries, not exceeding
two in number.
ARTICLE IV.
Section 1.
1. The Judicial powers of this State shall
be vested in a Supreme Court for the cor
rection of errors, Superior, Inferior, Ordin
ary and Justices Courts, and in such other
courts as have been or may be established
by law.
2. The Supreme Court shall consist of
three Judges, who shall be appointed by the
Governor with the advice and consent of
two-thirds of the Senate, for such term of
years as shall be prescribed by law, and
shall continue in office until their successors
shall he appointed and qualified, removable
by the Governor on the address of two-thirds
of each branch of the General Assembly,
or by impeachment and conviction thereon.
3. The said Court shall have no original
jurisdiction, but shall be a Court alone for
the trial and correction of errors in law and
equity from the Superior Courts of the sev
eral circuits* and shall sit, at least once
year, at a time prescribed by law in each of
one or more judicial districts, designated by
the General Assembly for that purpose, at
such point in each district as shall by the
General Assembly be ordained, for the trial
and determination of writs of error from the
several Superior Courts included in such
judicial districts.
4. The said Courts shall dispose of and
finally determine every ease on the docket
of such Court at the first or second term
after such writ of error brought; and in
case the plaintiff in error shall not be pre
pared, at the first term of such Courts after
error brought, to prosecute the cause, unless
precluded by some providential cause from
such prosecution, it shall be stricken from
the docket, and the judgment below shall
stand affirmed.
Section 2.
1. The Judges of the Superior Courts
shall be appointed in the same manner as
Judges of the Supreme Court, from the cir
cuits in which they are to serve, for the
term of four years, and shall continue in
office until their successors shall be appoint
ed nnd qualified, removable by the Governor
on the address of two-thirds of each branch
of the General Assembly, or by impeach
ment and conviction thereon.
2. The Superior Court shall have exclus
ive jurisdiction in all esses of divorce, both
total and partial; but no total divorce shall
be granted, except on the concurrent ver
dicts of two special juries. In each divorce
case, the Gourt shall regulate the rights an.l
disabilities of the parties.
*'• The Superior (!ourt shall also have
exclusive jurisdiction in all criminal cases,
except as relates to people of color, lines for
neglect of duty, contempt of Court, viola
tions ot road laws, and obstructions of water
courses, jurisdiction of which shall be vest
ed in such judicature or tribunal as shall
be or may have been pointed out by law ;
and except in all other minor offenses com
mitted by free white persons and which do
not subject the offender or offenders to los9
of life, Jimb or member, or to confinement
in the Penitentiary ; in all such eases, Cor
poration Courts, such as now exist, or may
hereafter be constituted, in any incorporated
city or town, may be vested with jurisdic
tion, under such rules and regulations as the
Legislature may hereafter by law direct.
4. All criminal cases shall be tried in the
county where the crime was committed, ex
cept in cases where a jury cannot be obtain
ed.
0. ‘1 he Superior Court shall have exclus
ive jurisdiction in all eases respecting titles
to land, which shall be tried in the county
where the laud lies ; and also in all equity
causes, which shall be tried in the county
where one or more of the defendants reside,
I against whom substantial relief is prayed.
6 It shall have appellate jurisdiction in
all such eases as may be provided by law.
i. It shall have power to correct errors
in inferior judicatories by writ of certiorari,
and to grant new trials in the Superior
Court on propier aud legal grounds.
8. It shall have power to issue writs of
mandamus, prohioitiou, seire facias, and all
other writs which may be necessary for car
rying its powers fully into effect.
9. ‘J’he Superior and Inferior Courts shall
have concurrent jurisdictioa in all other civ
il causes; which shall be tried in the county
where the defendant resides.
10. In eases of joint obligors, or joint
promisors or carpenters, or joint trespassers
residing in different counties, the suit may
lie brought in either county.
11. In ease of a maker and indorser or
indorsers of promissory notes residing in dif
ferent counties in this State, the same may
be sued in the County where the maker re
sides.
12. The Superior and Inferior Courts
shall sit in each county twice in every year,
at such stated times as have been or may be
appointed by the General Assembly.
Section 3.
1. The judges shall have salaries ade
quate to their services fixed by law, which
shall not be diminished during their contin
uance in office ; but shall not receive any
other perquisites or emoluments whatever,
from parties or others, on account of any
duty required of them.
2. There shall be a State’s Attorney and
Solicitors appointed in the same manner as
the judges of the Supreme Court aud com
missioned by the Governor; who shall hold
their offices for the term of four years, or
until their successors shall be appointed and
qualified, unless removed by sentence or im
peachment, or by the Governor, on the ad
dress of two-thirds of each branch of the
General assembly. They shall have salaries
adequate to their services fixed by law,
which shall not be diminished during their
continuance in office.
3. The .Justices of the Inferior Courts
shall be elected in each county by the per
sons entitled to vote for members of the
General assembly.
4. The Justices of the Reace shall be
elected in each district by the persons enti
tled to vote for members of the General As
sembly.
5. The powers of a Court of Ordinary and
of Probate, shall be vested in an Oidinary
for each county, from w hose decisions there
may be an appeal to the Superior Court, un
der regulations prescribed by law. The or
dinary shall be ex officio clerk of said Court,
and may appoint a deputy-clerk. The or
dinary, as elerk, or bis deputy, may issue ci
tations aud great temporary letters of admin
istration, to hold until permanent letters are
granted ; and said ordinary, as clerk, or his
deputy, may grant marriage licenses. The
ordinaries in and for the respective counties
shall be elected, as other counties shall he
elected, as other county officers, are on the
first Wednesday in January, 1804, and eve
ry fourth year thereafter, and shall lie com
missioned by the Governor for the term of
four years. In case of my vacancy of said
office of ordinary, from any cause, the same
shall he filled by election, as is provided in
relation to other county officers, and until
the same is filled, the Clerk of the Superior
Court for the time being shall act as clerk of
said Court of Ordinary.
ARTICLE v.
1. The electors of members of the Gener
al Assembly shall be free white male citizens
of this State ; and shall have attained the
age of twenty-one years; and have paid all
taxes which may have been required of them,
and which they have had an opportunity of
paying, agreeably to law, for the year pre
ceding the election ; and shall have lesided
six months within the district or county.
2. All elections by the General Assembly
Shall be by viva voce, and when the Senate
and House of Representatives unite for the
purpose of electing, they shall meet in the
Representative chamber, and the President
of the Senate shall in such cases preside, and
declare the person or persons elected.
3. In all elections by the people, the elec
tors shall vote by ballot, until the General
Assembly shall otherwise direct.
4. All civil officers shall continue in the
exercise of the duties of their several offices,
during the periods for which they were ap
pointed, or until they shall be superseded by
appointments made in conformity with this
Constitution ; and all laws now iu force shall
contioue to operate, so far as they are com
patible with this Constitution, until they
shall expire, be altered or repealed; and it
shall be the duty of the General Assembly
to pass all necessary laws and regulations for
carrying this Constitution into full effect.
6. All militia and county officers shall be
elected by the people in such manner as the
General Assembly may by law direct.
6. This Constitution shall be amended
only by a Convention of the people called
for that purpose.
7. This Constitution shall not take effect
VOLUME XXXIX—NO. 2.
until the same is ratified by the people.—
And to this end there shall be an election
nehl at all the places of public election in this
•"state, on the Ist Tuesday in July, 18GJ,
‘ v u ‘ u die citizens of this State entitled
o \nte i°i- Governor, shall cast their ballots
mther for “ Ratification” or “Xo Ratifica
tion. The election shall be conducted in
the same manner as general elections, and
the returns shall be made to the Governor,
ff a majority of the votes east shall be for
Ratification, the Governor shall by procla
mation declare this Constitution adopted by
the people. Rut if for Xo Ratification, that
fact shall be proclaimed by the Governor,
anil this Constitution shall have no effect
whatever.
Done in Convention of the Delegates of
the people of the State of Gjjf&rgia, at Savan
nah, on the 23d day of March, in the year of
our Lord eighteen hundred and sixty T-one.
In testimony whereof the President of said
Convention has hereunto set his band, and
caused the same to be attested by the Secre
tary thereof.
Piug-lMiigjHwg.
f was spending a fcwMfc in an excellent
not el at the South. 1 numer
ous, and were the hen about;
to retire, I noticed that rang
the bell repeatedly before any servant ap
i peared to accompany me to my room. Di
rectly under my room, in the court of the
house, was the bell which summoned the
waiters to the office. Hour after hour the
bell was jingling, the repetition after the
first call having more ansi more of a scolding,
imperative tone. The truth I found to be,
to my cost, that the servants, naturally lazy,
had become accustomed to wait for the third
or fourth call before stirring, so that they
did not consider themselves really called un
til the last ring ; whereas the simple and in
variable regulation to answer the first ring
j would have secured pi-oper obedience, and
jail the subsequent ding-dings were not only
‘needless, but mischievous. It would not be
strange if they should be entirely disregarded
at last.
Parents are apt to ring too often. One
command or request is enough, if it is un
derstood. Every repetition weakens author
ity, and encourages disobedience. Let it be
a fixed principle of domestic discipline, that
instant obedience is to follow each command,
and the trouble of government b at an end;
while the opposite principle Las in it the ele
ments of procrastination and rebellion, which
will reach beyond the family and beyond
time.
Teachers make the same mistake. Per
haps the school is noisy. Ding-ding goes
the bell. The noise continues. Ding-ding
ding. The timid give heed, but the clamor
ceases not. Ding-ding-ding-oVn^-DiNG.—
The school is brought to a stand at last; but
the probability is that every subsequent up
roar will demand an additional ditty. The
training, to be authoritative and effectual,
should be such that the first touch of the bell
should arrest every ear, and the refusal to
heed that should be dealt with as rebellion.
liefer.
The Light i a Clieertnl Face.
There is no greater every day virtue than
cheerfulness. This quality in man among
men is like sunshine to the day, or gentle,
reticwiug moisture to the parched herbs.—
The light of a cheerful face diffuses itself,
and communicates the happy spirit that in
spires it. The sourest temper must sweeten
in the atmosphere of continuous good humor.
As well might fog, and cloud, and vapor,
hope to cling to the sun illuminated land
scape, as the blues and moroseness io combat
jovial speech and exhilerating laughter.—
Be cheerful always. There is no path but
will be easier traveled, no load but will be
lighter, no shadow on heart, or brain hut will
lift, sooner in the presence of a determined
cheerfulness. It may some times seem dif
ficult for the temppered to keep the
the countenance of peace and content; but
the difficulty will vanish, when we truly
consider that sullen gloom and passionate
[despair do nothing but multiply thorns and
| thicken sorrows. 11l comes to us as provi
dentially as good, and is as good if we right
fully apply its lessons ; who will not then
cheerfully accept the ill and blunt its appar
ent sting ?
Cheerfulness ought to be the fruit of phil
osophy and Christianity. What is gained
by peevishness, by perverse sadness and sul
lenness ? If we are ill, let us be cheered by
the trust that we shall soon be in health; if
misfortune befall us, let us be cheered by
hopeful visions of better fortune; if death
rob us of dear ones, let us be cheered by the
thought that they are only gone before to
the blissful bowers where we shall all meet
to part no more forever. Cultivate cheerful
ness if only for personal profit. It will be
your consoler in solitude, your passport and
commentator in society. Vou will be more
sought after, more trusted and esteemed for
your steady cheerfulness.
The Foundation of C haracter.
The groundwork of all manly character is
veracity. That virtue lies at the foundation
of every thing solid. How common it is to
hear parents say, “ I have faith in my child
so long as he speaks the truth. He may
have many faults, but I know he will not
deceive me. I build on that Confidence.”
They are right. It is a lawful and just
ground to build upon. And that is a beau
tiful confidence. Whatever errors tempta
tion may betray a child into, so loDg as
brave, open truth remains, there is something
to depend on—there is anchor ground —there
is substance at the center. Men of the world
feel so about one another. They can be tol
erant and forbearing so long as their erring
brother is true. It is the fundamental vir
tue. Ordinary commerce can hardly pro
ceed a step without a good measure of it.—
If we cannot believe what others say to us,
we cannot act upon it, and to an immense
extent that is saying that we cannot act at
ill. Truth is a common interest. W hen
we defend it, we defend the basis of all social
order. When we vindicate it, vindicate
jur own foothold. When we plead for it, it
s like pleading for the air of health we
breathe. When vou undertake to benefit a
lying man, it is like putting your foot into
,he mire.— F- D Huntington.
Cato observed, he would much rather
hat posterity should inquire why no statues
were erected to him, than why they i cere.
*WThe young ladies of Albany, Ga., gave what
.hey called a “Homespun Pic Nic,” at Blue Spring
near that city, last Saturday. They ware all clad
;in konmpen.