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CONSTITUTION
OF THE
STATE OF GEORGIA.
PREAMBLE TO THE CONSTITU
TION.
We the people of Georgia, in order to
form it permanent Government, establish
Justice, insure Domestic Tranquillity, and
Hecu re the blessings of Liberty to Ourselves
and our Posterity, acknowledging and in
voking the guidance of Almighty God,
the Author of all Good Government, do
ordain and establish this Constitution for
the State of Georgia :
CONSTITUTION OF THE STATE OF
GEORGIA.
article I.— declaration of funda
mental PRINCIPLES.
Sec. I. Protection to person and prop
erty is the paramount duty of Govern
ment, and shall be impartial and com
plete.
Sec. 11. All persons born,or naturalized,
in the United States, and resident in this
State, are hereby declared citizens of this
State, and no laws shall be made or en
forced which shall abridge the privileges
or immunities of citizens of the United
States, or of this State, or deny to any per
son within its jurisdiction the equal pro
tection of its laws. And it shall he the
duty of the General Assembly, by appro
priate legislation, to protect every person
in the due enjoyment of the rights, privi
leges and immunities guaranteed in this
Section.
Sec. 111. No person shall he deprived of
life, liberty, or property, except by due
process of law.
Sec. IV. There shall be within the State
of Georgia neither slavery nor involun
tary servitude, save as a punishment for
crime after legal conviction thereof.
Sec. V. The right of the people to ap
peal to the Courts, to petition Government
on all matters, and peaceably to assemble
for the consideration of any matter shall
never be impaired.
Sec. VI. I’effect freedom of religious
sentiment shall he and the same is hereby
seemed, and no Inhabitant in this State
shall ever he molested in person or prop
erty, or prohibited from holding any pub
lit; office or tiust, on account of bis reli
gious opinion; but the liberty of conscience
hereby secured shall not bl so construed
as to excuse actsoflicenliousness, or justify
practices inconsistent with the peace or
safety of the people.
6 ec. VII. Every person cliarg and with
an offence against the laws, shall have the
privilege and benefit of counsel, shall be
furnished, on demand, with a copy of the
accusation and a list of the witnesses on
whose testimony the charge against him
is founded, shall have compulsory process
to obtain the attendance of his own wit
nesses, shall be confronted with the wit
nesses testifying against him, and shall
have a public and speedy trial by an im
partial jury.
(Sec. VIII. No person shall he put in
jeopardy of life or liberty more than once
for the same offence, save ou his or her
own motion for anew trial, after convic
tion, or in case of mistrial.
Sec. IX. Freedom of speech and free-,
dom of the pressure inherent elements of
political liberty. But while every citizen
may freely speak, or write, or prlut on any
subject, he shall be responsible for the
abuse of the liberty.
Sec. X. The right of the people to he
secure in their persons, houses, papers and
effects against unreasonable searches and
seizures, shall not lie violated ; and no war
rant shall issue but upon probable cmiae,
supported by oath or allirmation, particu
larly describing the place, or places, to be
searched, and the person, or things, to be
seized.
Sec. XI. The social statuflof the cit zen
shall never be the subject of legislation.
Sec. XII. No person shall be molested
for his opinions, or be subject to any civil
or political incapacity, oracquireany civil
or po itical advantage in consequence of
such opinions.
, sec. XIII. The writ of habeas corpus
shall not bo suspended unless, in case of
rebellion or invasion, the public safety may
require it.
Sec. XIV. A well regulated militia be
ing necessary to the security of a free peo
ple, the right of the people to keep and
hear arms shall not he infringed; hut the
General Assembly shall have power to
prescribe by law, the manner in which
arms may he borne.
Sec. XV. The punishment of all frauds
shall he provided by law.
Sec. XVI. Excessive hail shall not he
required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted,
nor shall any person ho abused in being
arrested, whilst under arrest, or in prison.
Sec. XVII. The power of tbe Courts to
punish for contempt shall lie limited by
legislative acts.
Sec. XVIII. There shall lie no impris
onment for debt.
Sec XIX. In all prosecutions or indict
ments for libel, the truth may he given in
evidence, and the jury shall have the
right to determine the law and the facts.
Sec. XX. Private ways may he granted
upon just compensation being paid by the
applicant.
Sec. XXI. All penalties shall bo propor
tioned to the nature of the offence.
Sec. XXII. Whipping, as a punishment
for crime, is prohibited.
Sec. XXIII. No lottery shall be author
ized, or sale of lottery tickets allowed in
this State, and adequate penalties for such
sale shall tie provided by law.
Sec, XXIV. No conviction shall work
corruption of blood, and no conviction of
treason shall work a general forfeiture of
estate longer than during the life of the
person attainted.
Sec. XXV. Treason against the State of
Georgia shall consist only in levying war
against the State, or the United States,"or
adhering to the enemies thereof, giving
them aid and comfort: and no person
shall tie convicted of treason except on
the testimony of two witnesses to the same
overt act, or liis own confession in open
Court.
Sec. XXVI. Laws shall have a general
‘'lteration, and no general law, ali'ecting
private rights, shall be varied, in any par
ticular case, by special legislation, except
with the free consent, in writing, of all
persons to be affected thereby ; and no
person under legal disability to contract
is capable of such free consent.
iSki'. XXVII. The power of taxation
over the whole State shall be exercised by
the General Assembly only to raise Reve
nue tor the support of Government, to
pay tlie Fubltc»Debt, to provide a General
School Fund, for Common Defense, and
tor Public Improvement; and taxatiou on
property shall be ad valorem only, and
uniform on all species of property taxed.
’ G • XX\ 111. The General Assembly
may grant the power of taxation to County
authorities and Municipal corporations, to
>e exercised withiu their several territori
al limits.
NXIX. No poll tax shall be levied
* cept for educational purposes, and such
‘ x sh , all ',‘. ot one dollar annually
ou each poll.
1 77 V NXX. Mechanics aud laborers shall
.; e lous upon tlie property of their em
oyers for labor performed or material
v ; |' i" : tlle Legislature shall pro
sanie ° r 16 suailnar y enforcement of the
~,‘7' The Legislative, Execntive
tine*. . ary Departments shall be dis
ci aiu * each department shall be con
\ ' \° a separate body of Magistracy.
7f ~, l ' so , u or collection of persons, being
7 " ’ department, shall exercise any
«'Uu-*r l ,ro ! >e| d- v . attached to either of the
provi,j’ e j XCe,,t iu cases herein expressly
v ',77 The Legislative acts in
„jt' on Constitution, or the Con
ami tl , V f i. l ! ,e United States, are void,
> ' .v-.vl I .' lar .V s hall so declare them.
Shalt -'■NX 111. The Htate of Georgia
t ali tt - ei reluu *n a member of the Ameri
of .1 “’l"' Die people thereof are a part
tiler *• Nmerican Nation; every citizen
p ?wes paramount allegiance to the
, duion and Government of the United
ics, amj n 0 j aw or ordinance of this
#eotgm imvnal mi itteggengey.
By J. W. Burke Ac Cos.
State, in contravention oreubversiou there
of, shall ever have any binding force.
ARTICLE II—FRANCHISE AND
ELECTIONS.
Sec. I. Iu all elections by the people the
electors shall vote by ballot.
Sec. 11. Every mule person born in the
United States, and every male person who
has been naturalized, or who has legally
declared bis intention to become a citizen
of the United States, twenty-one years old
or upward, who shall have resided in this
State six mouths next preceding the elec
tion, and shall have resided thirty days in
the county in which he offers to vote, and
shall have paid all taxes which may have
been required of him, and which he may
have had an opportunity of paying, agree
ably to law, for the year next preceding
the election (except as hereinafter pro
vided), shall be deemed an elector; and
every male citizen of the United States, of
the age aforesaid, (except as hereinafter
provided,) who may be a resident of the
State at the time of the adoption of this
Constitution, shall be deemed an elector,
and shall have all the rights of an elector,
as aforesaid: Provided, That no soldier,
sailor or marine in the military or naval
service of tiie United States shall acquire
the rights of an elector by reason of being
stationed on dutyjin this State ; and no per
son shall vote who, if challenged, shall re
fuse to take the following oath : “I do
swear that J have not given or received,
nor do I expect to give or receive, any
money, treat, or other thing of value, by
which my vote or any vote is affected, or
expected to be allected, at this election ;
nor have I given or promised any reward,
or umilu onj- to 1 v»t ny w hich to prevent
any person from voting at this election.”
Sec. HI. No person convicted of felony
or larceny before any court of this State,
or of or in the United States, shall be eli
gible to any officeor appointment of honor
or trust within this State, unless he shall
have been pardoned.
Sec. IV. No person who is the holder
of any public moneys shall be eligible to
any office in this State until the same is
accounted for and paid into the Treasury.
Sec. V. No person who, after the adop
tion of this Constitution, being a resident
of this State, shall engage in a duel in this
State, or elsewhere, or shall send or accept
a challenge, or be aider or abettor to such
duel, shall vote or hold office in this State;
and every such person shall also be subject
to such punishment as the law may pre
scribe.
Sec. VI. The General Assembly may
provide, from time to time, for the regis
tration of all electors, hut the following
classes of persons shall not be permitted to
register, vote, or hold office: First, those
who shall have been convicted of treason,
embezzlement of public funds, malfeasance
iu office, crime punishable by law with
imprisonment in the penitentiary, or bri
bery ; second, idiots or insane persons.
Sec. VII. Electors shall, in all cases ex
cept treason, felony, or breacli of the
peace, bo privileged from arrest for five
days before an election, during the elec
tion, and two days subsequent thereto.
Sec. VIII. The sale of intoxicating li
quors on days of election is prohibited.
Sec. IX. Returns of election for all civil
officers elected by the people, who are to
he commissioned by the Governor, and,
also, for the members of the General As
sembly, shall be made to the Secretary of
State, unless otherwise provided bylaw.
Sec. X. The General Assembly shall
enact laws giving adequate protection to
electors before, during, aud subsequent to
elections.
Sec. XL The election of Governor,
members of Congress, and of the General
Assembly, after the year 1808, shall com
mence on the Tuesday after the first Mon
day in November, unless otherwise provi
ded by law.
ARTICLE III.—LEGISLATIVE.
Section I.
I. The legislative power shall be vested
in a General Assembly, which shall consist
of a Senate and House of Representatives,
and until otherwise directed, tbe members
thereof, after the first election, shall be
elected, and the returns of the election
made, as now prescribed bylaw.
11. The members of the Senate shall be
elected for four years, except that the
members elected at the first election from
the twenty-two Senatorial Districts num
bered in this Constitution with odd num
bers, shall only hold their office for two
years. The members of the House of lie
preseutativesshall be elected for two years.
The election for members of the General
Assembly shall begin 011 Tuesday after
the lirst Monday in November of every
second year, except the first election,
Which shall be within sixty days after the
adjournment of this Convention ; but the
General Assembly may, by law, change
the time of election, and the members
shall hold until their successors are elected
and qualified.
111. The first meeting of the General
Assembly shall be within ninety days af
ter the adjournment of this Convention,
after which it shall meet annually on the
second Wednesday in January or on sueli
other day as t lie General Assembly may
prescribe. A majority of each HoH.se shall
constitute a quorum to transact business ;
but a smaller number may adjourn from
day to day and compel the presence of its
absent members as each House may pro
vide. No session of the General Assem
bly, after the second under this Constitu
tion, shall continue longer than forty
days, unless prolonged by a vote of two
thirds of each branch thereof.
IV. No person holding a Military
Commission, or other appointment or of
fice, having auy emolument or compensa
tion annexed thereto, under this State or
the United States, or either of them, ex
cept Justices of the Peace and ofiicers of
the Militia, nor any defaulter for public
money, or for any legal taxes required of
him, shall have a sett in either House;
nor shall any Senator or Representative,
after liis qualification as such, be elected
by the General Assembly or appointed by
the Governor, either with or without the
advice and consent of the Senate, to aiy
office or appointment, having any emolu
ment annexed thereto, during tlie time for
which he shall have been elected.
V. The seat of a member of either House
shall he vacated on his removal from the
District from which he was elected.
Section 11.
I. There shall be Forty-Four Senato
rial Districts in this State, composed,each,
of three contiguous Counties, from each of
which Districts one Senator shall be
chosen. Until otherwise arranged, as
hereinafter provided, the said Districts
shall be constituted as follows:
Tiie First District of Chatham, Bryan
and Effingham.
The Second District of Liberty, Tatnall
and Mclntosh.
The Third District of Wayne, Pierce aud
Appling.
Tlie Fourth District of Glynn, Camden
and Charlton.
The Fifth District of Coffee, Ware aud
Clinch.
Tbe Sixth District of Echols, Lowndes,
and Berrien.
The Seventh District of Brooks,Thomas
and Colquitt.
The Eighth District of Decatur,Mitchell
and Miller.
The Ninth District of Early, Calhoun
aud Baker.
The Tenth District of Dougherty, Lee
and Worth.
The Eleventh District of Clay,Randolph
aud Terrill.
The Twelfth District of Stewart, Web
ster ami Quitman.
The Thirteenth District of Sumter, Schley
ami Macon.
The Fourteenth District of Dooly, Wil
cox and Pulaski.
The Fifteeth District of Montgomery,
Telfair ami Irwin.
The Sixteenth District of Laurens, John
son and Enianuel.
The Seventeenth District of Bullock,
Seriven and Burke.
The Eighteenth District of Richmond,
Glascock and Jefferson.
The Nineteenth District of Taliaferro,
Warren and Greene.
The Twentieth District ot Baldwin,
Hancock and Washington.
The Twenty-first District of Twiggs,
Wilkinson and Jones.
The Twenty-Second District of Bibb,
Monroe and Pike.
The Twenty-Third District of Houston,
Crawford and Taylor.
The Twenty-Fourth District of Marion,
Chattahoochee and Muscogee.
The Twenty-Fifth District of Harris,
Upson and Talbot.
The Twenty-Sixth District of Spalding,
Rutts aud Fayette.
TheTwenty-Seventh District of Newton,
Walton and Clarke.
The Twenty-Eighth District of Jasper,
Putnam and Morgan.
The Twenty. Ninth District of Wilkes,
Lincoln and Culumbia.
The Thirtieth District of Oglethorpe,
Madison and Elbert.
TheThirty-First District of Hart, Frank
lin aud Habersham.
The Thirty-Second District of White,
Lumpkiu aud Dawson.
The Thirty-Third District of Hall, Banks
and Jackson.
The Thirty-Fourth District of Gwinnett,
DeKalb aud Henry.
The Thirty-Fifth District of Clayton,
Fulton and Cobb.
The Thirty-Sixth District of Meriweth
er, Coweta aud Campbell.
The Thirty-Seventh District of Troup,
Heard and Carroll. J
The Thirty-Eighth District of Haralson,
Polk and Paulding.
The Thirty-Ninth District of Cherokee,
Milton and Forsyth.
The Fortieth District of Union, Towns
and Rabun.
The Forty-First District of Fanniu,
Gilmer and Pickens. .
The Forty-Second District of Bartow,
Floyd and Chattooga.
The Forty-Third District of Murray,
Whitfield and Gordon.
The Forty-Fourth District of Walker,
Dade and Catoosa.
If anew County be established it shall
be added to a District which it adjoins,
and from which the larger portion of its
territory is taken. The Benßt»*i«i dis
tricts may be changed by the General
Assembly, but only at the first session
after the publication of each census by the
United Stales Government, and their num
ber shall not be increased.
11. Tbe Senators shall be citizens of
the United States, who have attained the
age of twenty-five years, and who, after
the first election under this Constitution,
shall have been citizens of this State for
two years, aud for one year resident of the
District from which elected.
111. The Presiding Officer of the Sen
ate shall be styled the President of the
Senate, and shall be elected viva voce,
from the Senators.
IV. The Senate shall have the sole
power to try impeachments. When sit
ting for that purpose, the members shall
been oath or affirmation, and shall be
presided over by one of the Judges of the
Supreme Court, selected for that purpose
by a viva voce vote of the Senate ; and no
person shall be convicted without the con
currence of two-thirds of the members
present. Judgments in cases of impeach
ment shall not extend further than re
moval from office and disqualification to
hold and enjoy any office of honor, trust
or profit withiu this State; but the party
convicted shall, nevertheless, be liable and
subject to indictment, trial judgment and
punishment according to law.
Section 111.
I. The House of Representatives shall
consist of one hundred and seventy-five
Representatives, apportion as follows : To
thesix largest Counties, to wit: Chatham,
Richmond, Fulton, Bibb, Houston and
Burke, three Representatives each ; to the
thirty-one next largest, to wit: Bartow,
Columbia, Cobb, Coweta, Clarke, Decatur,
Dougherty, Floyd, Gwinnett, Greene,
Hancock, Harris, Jefferson, Lee, Musco
gee, Monroe, Merriwether, Morgan, Ma
con, Newton, Oglethorpe, Pulaski, Ran
dolph, Sumter, Stewart, Troup, Thomas,
Talbot, Washington, Wilkes and Warren,
two Representatives each ; and to the re
maining ninety-five Counties, one Repre
sentative each.
11. The above apportionment may tie
changed by the Geueral Assembly after
each census by the United States Govern
ment, but in no event shali the aggregate
number of Representatives be increased.
111. The Representatives shall be citi
zens of the United States who have attain
ed the age of twenty-one years, and who,
after the first election under this Consti
tution, shall have been citizens of this
State for one year, and for six months res
ident of the Counties from which they
liaVA hppn plpp.tpti
IV. The Presiding officer of the House
of Reprtsenlatives shall tie styled the
Speaker of tlie House of Representatives,
and shall he elected viva voce from the
body.
V. The House of Representatives shall
have the sole power to impeach all persons
who shall have been or may be in office.
VI. All bills for raising revenue, or
appropriating money, shall originate in
the House of Representatives, but the
Senate may propose or concur in amend
uients as in other bills.
Section IV.
I. Each House shall be thejtidgeof the
election, returns and qualifications of its
members, and shall have power to punish
them for disorderly behavior or miscon
duct, by censure, fine, imprisonment, or
expulsion; but no member shall be ex
pelled except by a vote of two-thirds of
the House from which he is expelled.
11. Each House may punish, by im
prisonment not extending beyond the ses
sion, any person not a member who shall
be guilty of a contempt by any disorderly
behavior in its presence, or who, during
the session, shall threaten injury to the
person or estate of any member for any
thing said or done in either House, or who
shall assault any member going to or re
turning therefrom, or who shall rescue, or
attempt to rescue, any person arrested liy
order of either House.
111. Tiie members of both Houses shall
be free from arrest during their attendance
on tlie General Assembly, and in going to
"or returning therefrom, except for treason,
felony, larceny, or breach of the peace;
and no member shall be liable to answer
in any other place for anything spoken in
debate in either House.
IV. Each House shall keep a journal of
its proceedings, and publish it immediate
ly after its adjournment. The yeas aud
nays of the members on any question
shall, at the desire of one fifth of the
members present, be entered on the jour
nal. The original journal shall be pre
served, after publication, in tlie office of
the Secretary of State, but there shall be
no other record thereof.
V. Every bill, before it shall pass, shall
he read three times and on three separate
days in each House, unless in cases of ac
tual invasion or insurrection. Nor shall j
any law or ordinance pass which refers to
more than one subject-matter, or contains
matter different from what is expressed in
the title thereof.
VI. All acts shall be signed by the Pre
sident of the Senate and the Speaker of the
House of Representatives; and no bill,
ordinance, or resolution, intended to have
the effect of a law, which shall have been
rejected by either House, shall be agaiu
proposed during the same session, under
the same, or auy other title, without the
consent of two-thirds of the House by
which the same was rejected.
VII. Neither House shall adjourn for
more than three days, nor to any other
place, without the consent of tlie other ;
and in case of disagreement between the
two Houses on a question ofadjournment,
the Governor may adjourn either or both
of them. „
VIII. The officers of the two Houses,
other than the President and Speaker,
shall be a Secretary of the Senate, aud
Clerk of the House, and an Assistant for
each; a Journalizing Clerk, two Engros
sing and two Enrolling Clerks for each
House, and the number shall uot lie in
creased except by a vote of the House.
And their pay, as well as the pay and
mileage of the members, shall be fixed by
law.
IX. Whenever the Constitution requires
i a vote of two-thirds of either or both
1 Houses for tiie passing of an act or resolu
i tion, the yeas and nays on the passage
! thereof shall be entered ou the Journal,
j atK i a n votes ou confirmations, or refusals
to confirm nominations to office by the
Governor, shali be by yeas and nays, and
the yeas aud nays shall be recorded on the
Journal.
X. Every Seuator or Representative,
before taking his seat shall take an oath,
or affirmation, to support the Constitution
of tlie United States, aud of this State;
and that he has not practiced any unlaw
ful means, directly or indirectly, to pro
cure his election, and that he has uot
given, or offered, or promised, or caused
I to be given, or offered, or promised, to
any person, any money, treat, or thing of
value, with intent to affect auy vote, or to
prevent any person voting at tlie election
at which he was elected.
Section V.
I. The General Assembly shall have
power to make all laws aud ordinances,
Ga., Wednesday, April 1, 1868.
consistent with this Constitution, and not
repugnant to the Constitution of the Uni
ted States, which tiiey shall deem neces
sary and proper for the welfare of the
State.
11. The General Assembly may alter
tlie boundaries of, or lay off ami establish
new Counties, or abolish Counties, attach
ing the territory thereof to contiguous
Counties, but no new County shall be es
tablished except by a vote of two-thirds of
each House; nor shall any County be aliol
ished except by a vote of two-thirds of
each House, and after tlie qualified voters
of tlie County shall, at an election held for
the purpose, so decide.
Section VI.
I. No money shall be drawn from the
Treasury except by appropriation made
by law, aud a regular statement and ac
count of the receipt and expenditure of all
public money, shall l>e published from
time to time, and, also, with tHe laws
passed by each session of the General As
sembly.
11. No vote, resolution, law, or order,
shall pass, granting a donation, or gratui
ty, in favor of any person, except by tbe
concurrence of two thirds of each branch
of the General Assembly, nor, by any
vote, to a sectarian corporation, or associ
ation.
111. No law or section of the Code shall
be amended or repealed by mere-reference
to its title, or to the number of the section
iu the Code, but the amending'or repeal
ing act shall distinctly and hilly describe
the law to be amended or repealed, as well
as the alteration l»o made; but this
clause shall be construed as directory, only
to the Geueral Assembly.
IV. No law shall be passed by which a
citizen shall tie compelled againt his con
sent, directly or indirectly, to become a
stockholder in, or contribute to, any rail
road or work of public improvement, ex
cept in the case of the inhabitants of a
certiorate town or city. In such cases tlie
General Assembly may permit tbe corpo
rate authorities to take such stock, or
make such contribution, or engage in such
work, after a majority of the qualified
voters of such town or city, voting at an
election held for tlie purpose, shall have
voted in favor the same ; but not other
wise.
V. The General Assembly shall have no
power to grant corporate powers and priv
ileges to private companies, except to
banking, insurance, railroad, canal, navi
gation, mining, express, lumber, manu
facturing and telegraph companies; nor
to make or change election precincts; nor
to establish bridges or ferries; nor to
change names of legitimate children ; but
it shall prescribe, by law, the manner in
which such powers shall be exercised by
tlie Courts. But no charter for any bank
shall be granted, or extended, and no act
passed authorizing tlie suspension of spe
cie payments by any bank, except by a
vote oftwo-tliirdsof the General Assembly.
The Geueral Assembly shall pass no law
making the State a stockholder in any
corporate company; nor shall tlie credit
of the State be granted, or loaned, to aid
any company without a provision that
the whole property of the company shall
be bound for the security of the State,
prior to any other debt, or lien, except to
laborers; nor to any company in which
there is not already an equal amount in
vested by private persons; nor for any
other object than a work of public im
provement. No provision in this Consti
tution.for a two-thirds vote of both Houses
of the General Assembly, shall be con
strued to waive tlie necessity for the sig
nature of the Governor, as in any other
case, except in the case of the two-thirds
vote required to override to the veto.
ARTICLE IV.—EXECUTIVE.
SECTION I.
I. The Executive power shall he zested
in a Governor, who shall hold liis office
during the term of lour years, and until
such time as a successor shall be chosen
and qualified. He shall have a competent
salary established by law, which shall not
be increased or diminished during tlie pe
riod for which he shall have been elected ;
nor shall he receive within that period
an y oilier emolument fruni tlie IT lilted
States, or either of them, or from any for
eign power.
li. After the first election, tlie Governor
shall be elected quadrennially, by the per
sons qualified to vote for members of the
General Assembly, on the Tuesday after
the first Monday in November, until such
time be altered by law, which election
shall be held at the places of holding gen
eral elections in the several counties of
this State, in the same manner as is pre
scribed for the election of members of the
General Assembly. The returns for every
election of Governor, after the first, shall
be sealed up by the managers, separately
from other returns, and directed to the
President of the Senate and Speaker of the
Houseof Representatives, and transmitted
to liis Excellency, (lie Governor, or the
person exercising the duties of Governor
for tlie 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 shali have been or
ganized, aud they shall be transmitted by
the Senate to tlie House of Representa
tives. The members of each branch of the
General Assembly shall convene in the
Representative Hall, and the President of
the Senate and the Speaker of the House
of Representatives shall open and publish
the returns in the presence of tiie General
Assembly; and the person having the
majority of the whole number of votes
given shall be declared duly elected Gov
ernor of this State; but if no person have
such majority, then from the two persons
having the highest number of votes, who
shall be jn life, and shall not decline an
election at tlie time appointed for tlie
Legislature to elect, the General Assembly
shall immediately elect a Governor viva
voce; aud in all cases of election of a Gov
ernor by the General Assembly, a majority
of the votes of the members present shall
be necessary for a choice. Contested elec
tions shall be determined by both Houses
of the General Assembly, in such manner
assliall he prescribed by law.
111. No person shall be eligible to the
office of Governor who shall not have been
a citizen of tlie United States fifteen years
and a citizen of this State six years, and
who shall not have attained the age of
thirty years.
IV. Iu case of the death, resignation or
disability of the Governor, the Presideutof
the Senate shall exercise the Executive
powers of tlie Government until such dis
ability be removed or a successor iselected
ami qualified. And in caseof tlie death,
resignation or disability of the President
of tlie Senate, the Speaker of tlie House of
Representatives shall exercise tlie Execu
tive powers of the Government until the
removal of the disability or the election
and qualification of a Governor. The Geu
eral Assembly shall have power to pro
vide bylaw forrilliug uuexpired terms by
a special election.
V. Tlie Governor shall, before be en
ters upon the duties of his office, take the
following oath or affirmation : “I do sol
emnly swear (or affirm, as tlie case may
he,) that I will fathfullv execute the of
fice of Governor of tlie State of Georgia,
aud will, to the best of my abilities, pre
serve, protect aud defend the Constitution
thereof, aud tlie Constitution of the United
States of America.”
Section 11.
I. The Governor shall be Commander
in-Chief of the Army and navy of this
State and of the Militia thereof.
11. He shall have power to grant re
prieves aud pardons, to commute penal
ties, and to remit any part of a sentence
for offences against the State, except iu
cases of impeachment.
111. He shall issue writs of election to
fill all vacancies that happen in the Sen
ate, or Houseof Representatives, andshall
have power to convoke the General As
sembly ou extraordinary occasions, and
shall give them, from time to time, in
formation of the state of the Common
wealth, aud recommend to their consider
ation such measures as he may deem nec
essary and expedient.
IV. When any office shall become va
cant by death, resignation or otherwise,
the Governor shall have power to fill such
vacancy, unless otherwi-e provided by
law and persons so appointed shall con
tinue iu office until a successor is appoint
ed agreeably to tbe mode J pointed out by
this Constitution, or by law, in pursuance
thereof.
V. A person ouee rejected by tbe Sen
ate shall not be re-appointed by theGover
j nor to the same office during the sameses
! sion, or the recess thereafter.
VI. The Governor shall have the re
j vision of all bills, passed by both Houses,
before the same shall become laws, but
! two-thirds of each House may pass a law,
' notwithstanding his dissent, and if any
bill should not be returned by the Gover
nor within five days (Sunday expected)
after it hai been presented to him, tlie
same shall be a law, unless the Geueral
Assembly, by their adjournment, shall
prevent its return. He may approve any
a|ipropriatiou and disapprove any other
appropriation in the same bill, and the
latter shall not be eileotiial, unless passed
by two-tliirds of each Hott.-e.
VII. Every vote, resolution, or order,
to which the concurrence of both Houses
may be necessary, except on a question of
election,or adjournment, shali he present
ed to the Governor, anil before it shall take
effect be approved by him, or being disap
proved, shall be re-passed by two-thirds
of each House, according to the rules and
limitations prescribed in case of a bill.
VII. There shall be a Secretary of
State, a Comptroller General, a Treasurer
aud Surveyor General, elected l>y the Gen
eral Assembly, and they shall hold their
offices for the like period as the Governor,
aud shall have a competent salary, which
shali not be increased, or diminished,
during the period for which they shall
have been elected. The General Assem
bly may, at auy time, consolidate any two
of these offices, aud require all the duties
to be discharged by one officer.
IX. The Great Seal of the State shall
lie deposited in the office of the Secretary
of State, and shall not be attixed to any
im ti ti.nc.nt of writing but by order of the
Governor, or General Assembly ; and that
now in use shall be the Great Seal of tlie
Shite until otherwise provided by law.
X. The Governor shall have power to
appoir.fhis own Secretaries, uot exceed
ing two in number, unless more shall be
authorized by tbe Geueral Assembly.
ARTICLE V—JUDICIARY.
Section I.
I. The Judicial powersof this State shall
be vested in a aupreme Court, Superior
Courts, Courts of Ordinary, Justices of
the Peace, Commissioned Notaries Public,
and such other Courts as havebeen or may
be established by law.
Section 11.
I. The Supreme Court shall consist of
three Judges, two of whom shall consti
tute a quorum. When a majority of the
Judges are disqualified from deciding any
case, by interest or otherwise, the Gover
nor shall designate certain Judges of the
Superior Courts to sit in their stead. At
the lirst appointment of Judges of the
Supreme Court under this Constitution,
one shall lie appointed for four years, one
for eight years, and one for twelve years ;
hut all subsequent appointments, except
to till uuexpired terms, shall be for the
term of twelve years.
11. The Supreme Court shall have no
original jurisdiction, but shall be a Court
alone for tlie trial and correction of errors
from tlie Superior Courts and from the
City Courts of Savannah and Augusta,
and such other like Courts as may be here
after established in other cities ; and shall
sit at the seat of Government at such times
in each year as shall tie prescribed by law,
for the trial and determination of writs of
error from said Superior and City Courts.
Tlie days on which the cases from tlie
several Circuit or City Courst shall tie
taken up by the Court, shall he fixed by
law.
11L The Supieme Court shall dispose of
every case at tlie first or second term after
such writ of error is brought; and in case
the plaintiff in error shall not lie prepared
at tlie first term to prosecute the case, un
less prevented by Providential cause, it
shall be stricken from tlie docket, and the
judgment below shall stand affirmed. In
any case, tlie Court may in its discretion,
withhold its judgment until the next term
alter the same is argued.
IV. When only tiie two Judges sit in
any case, and they disagree, tlie judgment
below shall stand affirmed.
Section 111.
I. There shall be a Judge of the Superior
Courts for each Judicial Circuit. He may
act iti other Circuits when authorized by
law. At the first appointment of such
Judges under ini* Constitution, one-half
of tlie number (as near as may be) shali
he appointed for four years, and the other
half for eight years; hut all subsequent
appointments, except to fill unexpired
terms, shall be for the term of eight
years.
11. The Superior Courts shall have ex
elusivejurisdiction in cases of divorce; in
criminal casts, where the offender is sub
jected to loss of life or confinement in the
Penitentiary ; in cases respecting titles to
land and equity cases, except as herein
after provided ; but tlie General Assembly
shall have power to merge the Common
Law and Equity Jurisdiction of said
Courts. Said Courts shall have jurisdic
tion in all other civil cases, except as here
inafter provided. They shall have appel
late jurisdiction in all such cases as may
tie provided by law. They shall have
power to correct errors in Inferior Judica
tories, by writ of certiorari, which shall
only issue on the sanction of the Judge;
aud to issue writs of mandamus, prohibi
tion, scire facias, ami ait other writs that
may be necessary for carrying their pow
ers fully into effect, and shall have such
other powers as shall be conferred on them
by law.
HI. There shall be no appeal from one jury
in tlie Superior Courts to another; but tlie
Court may grant new (rials on legal
grounds. The Court shall render judg
ment without the verdict of a jury in all
civil cases, founded on contract, where an
issuable defence is not filed on oath.
IV. The Superior Courts shall sit in each
county not less than twice in each year,
at such times as havebeen, or may be, ap
pointed by law.
Section IV.
I. Until tlieGeueral Assembly shall oth
erwise direct, there shall be a District
Judge and a District Attorney for each
Senatorial District in this State.
11. The District Judge shall have juris
diction to hear and determine all offences
not punishable with death or imprison
ment in tlie Penitentiary; and it shall be
the duty of the District Attorney to rep
resent the State in all cases before the Dis
trict Judge.
111. Tlie District Judge shall sit at stated
times, not less than once in each mouth
in each county in his District, for the
trial of offences, and at such other times
as the General Assembly may direct.
IV. Offences shall be tried befoie the
District Judge on a written accusation,
founded ou affidavit; said accusation shall
plainly set forth the offence charged, and
shall contain the name of tlie accuser, and
be signed by tlie District Attorney.
V. There shall be no jury trial before
the District Judge, except « lien demand
ed by the accused, in which case the jury
shall consist of seveu.
VI. Such civil jurisdiction may be con
ferred on tlie District Judges, as tiie Gen
eral Assembly may direct.
VII. The District Judges and Attor
neys shall hold their offices for a period of
four years, and shall receive for their ser
vices such stated compensation, in their
respective Districts, as may tie provided
by law, but iu no event shall their com
pensation be in anywise dependent
upon fines, forfeitures or costs.
Section V.
I. The powers of a Court of Ordinary
and of Probate shall be vested iu an Ordi
nary for each county, from whose decis
ions there may be an appeal to the Supe
! rior Court, uuder regulations prescribed by
law.
11. The Courts of Ordinary shall have
such powers in relation to roads, bridges,
' ferries, public buildings, paupers, county
1 officers, county funds and taxes, and other
I matters, as shall be conferred on tl»em by
; law.
111. The Ordinary shall hold his office
for the term of four yeais, and until his
j successor is elected and qualified.
Section VI.
I. There shall be in each District one
Justice of the Peace, whose official terms
i except when elected to fill an unexpired
term, shall be four years.
JI. The Justices of tbe Peace shall have
jurisdiction, except as hereinafter provi
ded, in ail civil cases where the principal
sum claimed does uot exceed one hundred
dollars, aud may sit at auy time for the
trial of such cases; but in cases where the
sum claimed is more tliau fifty dollars,
there may be an appeal to the Superior
Court, uuder such regulations as may be
prescribed by law.
111. There shall be no appeal toajury
from the decision of a Justice of the Peace,
exceipt as provided in the foregoing para
-1 graph.
IV. Notaries Public may be appointed
and commissioned by the Governor, not
to exceed one for each Militia District, for
a term of four years, and shall lie ex officio
Justices of the Peace.
Section VII.
I. There shall be an Attorney General
of the State, whose official term, except
when appointed to till an unexpired term,
shall lie four years.
11. It shall be tlie duty of tlie Attorney
General to act as the legal adviser of the
Executive Department, to represent the
State in alicivi I and criminal eases in the Su
preme and Superior (.’mins, when required
by the Governor, and to perform such
oilier services as shall bo required of him
by law.
Section VIII.
I. There shall hea Solicitor General for
each Judicial Circuit, whose official term,
except when appointed to till an unex
pired term, shall be four years.
11. It shall be the duty of the Solicitor
General to represent the State iu all eases
iu the Superior Court of liis Circuit, and in
all cases taken tip from liis Circuit to the
Supreme Court, and to perform such other
services as shall be required of him by
law.
Section IX.
I. The Judges of the Supreme and Su
perior Courts, Attorney General, solicitors
General and the District Judges, and At
torueys shall be appointed by the Gover
nor, with the advice and consent of the
Senate, and shall he removable by the
Governor on the address of two-thirds of
each branch of the General Assembly, or
by impeachment and conviction thereon.
11. Justices of tlie Peace shall be elected
by tiie legal voters iu their respective Dis
tricts, and shall be commissioned by tlie
Governor. They shall be removable on
conviction for malpractice iu office.
Section X.
I. The Judges of the Supreme and Su
perior Courts, and the Attorney and Solic
itor Generals shall have out of the State
Treasury, adequate and honorable salaries
on tlie specie basis, which shall not be in
creased or diminished during their contin
uance in office. Tlie District Judges and
District Attorneys shall receive, out of the
Treasuries of the several Counties of their
Districts, adequate compensation ou the
specie basis, which shall not lie increased
or diminished during their term of office;
but said Judges shall not receive any other
perquisites or emoluments whatever, from
parties, or others, on account of any duty
required of them
11. The General Assembly shall provide
for the equitable apportionment of the
compensation of tlie District Judges and
Attorneys between the Counties com
posing their Districts, and shall require
the moneysarising from fines and forfeit
ures in the District Courts, to be paid into
the Treasuries thereof.
111. No person shall be Judge of tbe Su
preme or Superior Courts, or Attorney
General, unless at the time of iiis appoint
ment he shall have attained tiie age of
thirty years, and shall have been a citizen
of this State three years, and have prac
ticed law for seven years.
Section XI.
I. No total divorce shall be granted ex
cept on the concurrent verdict of two
juries When a divorce is granted, the
jury rendering the final verdict shall de
termine tlie rights aud disabilities of the
parties, subject to the revision of the
Conrt.
Section XII.
I. Divorce cases shall be tried in the
County where tlie defendant resides, if a
resident of this (State.
11. Criminal cases shall he tried in the
County where the crime was committed,
except cases in the Superior Courts, when
the presiding Judge is satisfied that an
impartial jury cannot be obtained in such
County.
111. Cases respecting titles to land shall
be tried iu the County where the land lies,
except where a single tract is divded by a
County line, in which case the Superior
Court of either County shall have juris
diction.
IV. Equity cases shall tie tried in the
county where a defendant resides against
whom substantial relief is prayed.
V. Suits against joint obligors, joint
promissors, copartners or joint trespassers,
residing in different, counties, may be
tried in either couuty.
VI. Suits against the maker and en
dorser of promissory notes, or other like
instruments, residing in different coun
ties, shall lie tried in the county where
the maker resides.
VII. All other cases shall be tried in tlie
county where the defendant resides.
Section XIII.
I. The right of tri 1 l>y jury, except
where it is otherwise provided in this Con
stitution, shall remain inviolate.
11. The General Assembly shall pro
vide by law for the selection of upright
and intelligent persons to serve as jurors.
There shall he no distinction between the
classes of persons who compose grand and
petit juries. Jurors shall receive adequate
compensation for their services, to tie pre
scribed by law.
Section XIV.
I. The courts heretofore existing in this
State styled Inferior Courts are abolished,
and their unfinished business and tlie du
ties of tiie Justices thereof are transferred
to such tribunals as the General Assembly
may designate.
Section XV.
I. The General Assembly shall have
power to provide for tlie creation of Coun
ty Commissioners in such counties as may
require them, and to define their duties.
Section XVI.
I. All courts not specially mentioned by
name in the first section of this paragraph
maybe abolished in any county,at the
discretion of the General Assembly, and
tlie County Courts now existing in Geor
gia are hereby abolished.
Section XVII.
I. No court in this (State shall haveju
risdiction to try or determine any suit
against any resident of this State iqioii
any contract or agreement made or im
plied, or upon any contract made in re
newal of any debt existing prior to tlie
first day of June, 1860. Nor shall any
court or ministerial officer of this State
have authority to enforce any judgment,
execution or decree rendered or issued
upon any contract or agreement made or
implied,or upon any contract in renewal
of a debt existing prior to the first day
of June, 1865, except in the following
cases:
1. In suits against trustees where the
trust property is in the hands of tlie
trustee, or has been invested by him in
other specific effects, now in his hands,
and in suits by tlie vendor of real estate
against tlie vendee, where not more than
one-third of tiie purchase money has been
paid, aud tne vendee is in possession of tbe i
land or specific effects for which he has
sold it, and lie refuses to deliver the land
or said effects to the vendor. In such
cases the courts and officers may entertain
jurisdiction and enforce judgments against
said trust property, or laud, or effects.
2. In suits for tlie benefit of minors by
trustees appointed before tbe first day of
June, 1865.
3. In suits against corporations in their
corporate capacity, but uot so as to enforce
the debt against the stockholders or officers
thereof in their individual capacity.
4. In suits by charitable or literary in
stitutions for money loaned, property—
other than slaves —sold, or services ren
dered by such institutions.
5. In suics on debts due for mechanical
or manual labor, when tlie suit is by the
mechanic or laborer.
6. In cases when the debt is set up by
way of defence, and the debt set up ex
ceeds any debt due by defendant to plain
tit!'of which the Courts are denied juris
diction.
7. In all other cases in which the Gen
eral Assembly shall by law give tiie said
Courts and officers jurisdiction : Provided,
That no Court or officer shall have, nor
shall the General Assembly give, jurisdic
tion or authority to try or give judgment
on or enforce any debt, the consideration
of which was a slave or slaves, or the hire
thereof.
11. All contracts made and not executed
during the late rebellion, with tlie inten
tion and for the purpose of aiding and en
couragiug said rebellion, or where it was
the purpose and intention of any one of
tlie parties to such contract to aid or en
courage such rebellion, and that fact was
known to the other party, whether said
' contract was made by auy person or cor
Vol, LX., No, 4.
j poratiou with the State or Coufederate
j States, or by a corporation with a natural
person, or between two or more na'tirnl
persons, are hereby declared to have t>een,
uud to bo, illegal, and all bonds, deeds,
promissory notes, bills, or other evidences
of debt, made or executed by the parties to
such contract, or either of them in connec
tion with such illegal contract, or as the
consideration therefor or in furtherance
thereof, are hereby declared null and t<oid,
and shall he so held in all Courts in this
State when an attempt shall be made to
enforee any such contract or give validity
to any such obligation or evidence of debt.
And in all cases when the defendant or
any one interested in the event of the suit
will make a plea supported by his or her
atlldavit, that he or she has reason to l>e
lieve that the obligation or evidence of
indebtedness upon which the suit is predi
cated, or some part thereof, has been given
or used for the illegal purpose aforesaid,
the burden of proof shall be upon the
plaintiff to satisfy the Court and Jury that
the bond, deed, note, hill, or other evi
dence of indebtedness upon which said
suit is brought, is or are not, nor is any
part thereof, founded upon, or in any way
connected with any such illegal contract,
and has not been used in aid of the rebel
lion, ami the date of such bond, deed,
note, hill, or other evideuee of indebted
ness, shall not be evideuee that it has, or
Ims not, since its date, been issued, trans
ferred or used in aid of the rebellion.
111. It shall be in the power of the
General Assembly to assess and collect
upon all debts, judgments, or causes of ac
tion when due, founded on any contract
made or implied before the first day of
June, 1565, in the hands of any one in his
own right, or trustee, agent or Attorney
of another, on or after tlie first day of
January, 1868, a tax of not exceeding 25
per cent., to be paid by the creditor on
pain of the forfeiture or the debt, hut
chargeable by him as to cne-half thereof
against the debtor, and collectable with
tlie debt: Provided, That this tax shall
not he collected if the debt or cause of ac
tiou be abandoned or settled without legal
process, or, if ill judgment, he settled with
out levy and sale: And provided further,
That this tax shall not he levied so long
as the Courts of this State shall not have
jurisdiction of such debts or causes of ac
tion.
ARTICLE VI.—EDUCATION.
I. The General Assembly at its first
session after the adoption of this Consti
tution, shall provide a thorough system of
General Education, to he forever free to
all children of the State, the expense of
which shall te provided for by taxation,
or otherwise.
11. The office of State School Commis
sioner is hereby created. He shall he ap
pointed by the Governor, with the consent
of the Senate, and shall hold his office for
the same tei in as the Governor. The Gen
eral Assembly shall provide for the said
Commissioner a competent salary and
necessary clerks. He shall keep his office
at the Seat of Government.
111. The Poll tax allowed by this Con
stitution, any Educational fund now be
longing to this State—except the endow
ment of, and debt due to, the State Uni
versity—or that may hereafter be obtained
in any way.aspecial taxon Shows and Ex
hibitions, and on the sale of spirtuous and
malt liquors—which the Geueral Assem
bly is hereby authorized to asssess—and
the proceeds fiotn the commutation for
militia service, are hereby set apart uud
devoted to the support of Coinmou Schools.
And if the provisions herein made shall,
at any time, prove insutllcient, the Gener
al Assembly shall have power to levy such
general general tax upon the property of
the State, as may he necessary forthesup
port of said School System. And there
shall he established, as soon as practicable,
one or more Common Schools in each
School District in this State.
ARTICLE VII.—HOMESTEAD AND
EXEMPTIONS.
Section I.
I. Eucli head of a family, or guardian,
or trustee of a family or minor children,
shall he entitled to a homestead of realty
in ihu value of two thousand dollars, in
specie, anil personal property to tlie value
of one thousand dollars in specie, both to
he valued at the time they are scL apart
And no Court, or Ministerial officer in this
State, shall ever have jurisdiction, or au
thority, to enforce any judgment, decree,
or execution against said property so set
apart—including such improvements as
may be made thereon, from time to time
—except for taxes, money borrowed and
expended in tlie improvement of the
homestead, or for the purchase money of
tlie sutue, and for labor done thereon, or
material furnished therefor, or removal of
encumbrances thereon. And it shall lie
the duty of the General Assembly, as early
as practicable, to provide by law for, the
selling apart and valuation of said proper
ty, and to enact laws for tlie full and com
plete protection and security of the same
to the sole use and benefit of said families
as aforesaid.
11. All property of tlie wife, in her pos
session at tlie time of Her marriage, and
all property given to, inherited, or acquir
ed by her, shall remain her separate prop
erty and not he liable for the debts of her
husband.
ARTICLE VIII—MILITIA.
Sue. I. Tlie Militia shall consist of all
able bodied male persons between the ages
of eighteen and forty-live years, except
such as may he exempted by the laws of
the United States or this State; ami shall
he organized, officered, armed, equipped
and .trained in sucli manner as may he
provided by law; subject to the paramount
authority of Congress over this subject.
Sue 11. Volunteer Companies of Cav
alry, Infantry,or Artillery, may be formed
in such manner, and with such restrictions
as may be provided by law.
Sec. 111. No person conscientiously
opposed to hearing arms, shall be compell
ed to do Militia duty, but such person
shall pay an equivalent for exemption ;
the amount to he prescribed by law and
appropriated to the Common School Fund.
ARTICLE IX.—COUNTY OFFICERS.
I. The county officers recognized as ex
isting by tlie laws of this State, and not
abolished by this Constitution, shall,
where not otherwise provided for in this
Constitution, be elected by the qualified
voters of their respective Counties or Dis
tricts, and shall hold their offices for two
years. They shall be removable on con
viction for malpractice in office,'or on tbe
address of two-thirds of the Senate.
ARTICLE X.—SEAT OF GOVERN
MENT.
I. Tlie scatof Govermnentof this State,
from and after the date of the ratification
of this Constitution, shall he in tlie city of
Atlanta, and the General Assembly shall
provide for tlie erection of anew Capitol,
and such other buildings as the public
welfare may require.
11. The General Assembly shall have
power to provide for tlie temporary re
moval of the Seat of Government in case
of invasion, p. stileuce, or other emer
gency.
ARTICLE XI.—THE LAWS OF GEN
ERAL OPERATION IN FORCE IN
THISSTATE AhE:
I. As the Supreme law : The Constitu
tion of tlie United States, the laws of tlie
! United States in pursuance thereof,and all
treaties made under tlie authority of tlie
United States.
11. As next in authority thereto: this
Constitution.
111. In subordination to tlie foregoing :
All Acts passed by any legislative body,
i sitting in this State as such, since the 19th
day of January, 1861, including that body
of laws known as the Code of Georgia, and
the acts amendatory thereof, or passed
since that time, which said Code and acts
are embodied in the printed book known
as *'lrwin’s Code;” and also so much of
the Common and Statute laws of England
and of tlie Statute laws of Georgia, as
were in force in this State mi the 19tb day
of December, 1860, as are not superseded
! by said Code, though not embodied tbere
j in ; except so much of tlie said several
Statutes, Code and laws as may lie incon
sistent with the supreme law herein re
cognized, or may have been passed in aid
| of the late rebellion against the United
j States, or may be obsolete, or may refer to
persons held in slavery, which exceptive
laws are inoperative and void ; and any
future General Assembly shall be oom |>e
tent to alter or repeal (if not herein pio
hibited i any portion of trie laws declared
to be of force in this third speeificatson of
this clause of this article; and if in any of
sai l laws herein declared of force.the word
“Confederate”occursbeforethe word States
1 such law is hereby amended by substitu-
ting the word “United” for the word
"Confederate.” " ora
IV. Local and private acts pa, se d for
the benefit of counties, cities towns ror-
Fi=r ati . OUs -.‘‘J ml P rivate pcrao«>», not ineon
f stent with the supreme law, nor with
this Constitution, and which ha\e not ex
pireu uor been repealed, shall have the
force of statute law, subject to judicial de
cision as to theirovalidity when passed
and to any limitations imposed bv their
own terms. 1 J
\ . Ali rights, privileges and immunities
which may have vested in, or accrued to
any person or persons, or vornuration in’
his, her. or their own right, or in :mv
fiduciary capacity, under any act of a.iv
legislutive body sitting in tins State i's
such, or of any decree, judgment or or.!. :
of any Court, sitting in tins Stale, uioi- 'r
tlie Jaws then of force and oi'erat on
therein, and recognized by the people a- i
Court of competent jurisdiction, siuce the
19th day of January, 1861, shall he held
in violate by all the Courts of this state,
unless attacked for fraud, or unless otl
wise declared invalid by, or according t
the Constitution.
VI. Tlie records, dockets, books, pap i
and proceedings of any Court or offic e
isting in tliiw state hv the laws thereof on
tlie 19th of January, ls.ll, or purporting to
exist by said laws, and iv.o_;ni/,ed and
generally obeyed l.y tlie peop’o a.- such
since the said time'and before the several
Courts and officers provided for i, v this
Constitution shall have gone into actual
operation, slue I be transferred to tlie sev
eral Courts and offices of the same name
or functions by this Constitution provided,
for, and shall have force and be i xecut. and,
perfected and performed therein and there
by, a-s follows, and not otherwise, to wit:
Final judgments, decrees, prone, lings
and acts fully executed and performed, or
not requiring performance or execution,
shall have full force and effect a- though
no interruption lis t taken pi: o in tlie
legal succession ol said courts and offices,
except as herein olhei wise j :.iv.ded. i’l
ceediugs not final and judgments and de
crees not fully executed or performed
shall proceed and lie performed Dr such
eases only, as (his Constitution, or the
law's made in pursuance thereof, eon:,
jurisdiction and authority over the cause •
of actions on which said eases, judgments,
decrees, or proceedings, civil or criminal',
are founded: Provid'd, that all said
judgments, decrees and proceedings shall
be subject to be set aside or reversed, or
vacated, by proceedings in tlie several
courts having custody of the records, as
though they were the judgments i,: sai 1
courts,and shall be subject always to be ex
plained as to the meaning of the word dol
lar or dollars, as used in the same, and no
motion fora new trial, hill of review, «
oilier proceeding, to vacate any judgment,
order or deciee, made since the l vih of
January, 1861, by any of said courts fm
fraud, illegality, or error of,law, s.mil 1
denied, by reason of the same not having
been moved in time ; Proculcd, said mo
tion or application is made in twelv.-
mouths from the adoption of this Consti
tution.
VII. The hooks, papers and proceedings
of tlie Inferior Court shall he transferred
to, and remain in tlie control, of the Or
dinaries, who shall perform the duties of
said Courts, until otherwise provided by
law. Tlie books, papers and proceeding ,
of the County Courts, and tlie unfinished
business thereof, shall he transferred to
the Superior Courts, and the same shall be
ffuiahed and performed by the said .supe
rior Courts and the officers thereof, in sueli
cases, aud in such cases only, as the said
Courts are, by this Constitution, or Un
laws made in pursuance thereof, grauted
jurisdiction over tlie subject-matter or
debts on which said cases uud judgments,
civil or criminal, are founded.
VIII. The cases pending, ami tlie judg
ments had and made, in the City Courts
of Savannah and Augusta, and in the va
rious Justices’ Courts in this Slate, shall
he finished, and the judgments performed
by the City Courts, and officers and Jus
tices provided by this Constitution, in Mien
cases, and such only, as by this Constitu
tion jurisdiction is given to said Courts
and officers, over the causes of action on
which they are founded.
iX. The judguients.and proceedings of
Courts, ami acts of officers within their
jurisdiction, as provided by law, shall In
valid, notwithstanding the Judges ol said
Courts or the said officers, were appointed
by the military authorities of the United
States, and any of said judgments, or acts,
or proceedings made, or done, under or by
virtue of, or in accordance with, the orders
of said military authorities, duly made,
are as valid as if done under a law ot this
State.
X. These several acts of coutirmuiion
shall not tie consi i ued to divoutnil.v vested
right, nor to make any act criminal,
otherwise not criminal, Hut they shall bo
construed as acts of peace, and to prevent
injustice: Provided, That, nothing in
this Constitution shall he so construed
as to make valid any acts done by, or
before, any such de facto officer, which
would, by legalizing sueli acts, render
that criminal which was not criminal
when done, or cause any act not legally
criminal, when done to become eriininai,
by giving validity to such act after it was
done; hut all such acts shall he held by
the Courts to lie null and void.
XI. Should this Constitution lie ratified
by tlie people, and Congress accept the
same withuuy qualifications or condition-,
the Government heiein provided for, ami
the officers elected, shall ncverthelcs sexist
and continue in the exercise of their sev
eral functions, as tlie Government of this
Slate, so far as the same may he consist
ent with tlie action of the United Staff i
in the premises.
’fhe ordinances of this Convention on
tlie subject of the first, election, and the
first General Assembly, shall have tbe
force of laws, until they expire by their
own limitation, and all other ordinance*
of a mere Legislative character, shall have
the force of laws, until otherwise provided
by tlie General Assembly.
ARTICLE XIL—AMENDMENTS TO
THE CONSTITUTION.
T. This Constitution may he amended
by a two-third vote of two successive le -
gislatures, and by the submission of tlie
amendment to tbequalificd voters for final
ratification. Rut the General As-i iiibly
shall not call a Convention of the people
in the election of deb gates to which any
person, qualified to vote by this Constitu
tion,shall be disqualified. And the it- I >i- -
senlatiou in said Conveiili in shall be hu -ed
on population N’or shall the rightof suf
frage ever be taken from any person qii .li
fted by this Constitution to vote.
J. B. I
President Georgia Coustit’l Convention.
Atte-t:
P. M. Sheiblev,
Secretary Georgia Conslit'l Convention.
Ateanta, Ga., March 12, I-,-.
I hereby certify that the foregoing is a
correct copy of tlie Constitution, ordained
by the Georgia Constitutional < (invention,
and adopted fts a whole, by that body, on
tlie 11th day of March, 1868.
P. M. Sheibeey,
Secretary of 1 lie Convention.
Well Spoken.— The New York Time*
says: “While the rebellion lasted the
North never accused tlie rebels of cow
ardice. On tlie contrary, we gave them
credit for pluck, audacity, daring, endur
ance, aud a determination that only death
and ruin could break, 1 hose who con
fronted the enemy in tlie field were not
the least ready to allow him the po -. -,s!oa
of these warlike qualities. If any one
spoke contemptuously ot the rebel spirit,
it was not tlie soldier who closed with
them in the struggle, nor the leaders who
attempted to overcome them in the con
flict. There can he no harm in remem
bering this fact in these days, wle-n the
North is dealing with a prostrate r-’Utli.
There can be no harm in our treating lie-
Southerners as though they j»o-1 . •
the bravery which we put to tb.iru
in the days of war ; and there can be ii"’ i
ing but barm in treating them a- though
they had given us reason to charge tle-m
with the spirit or bearing of cowardice.
Messrs. Jas. T. Sansom and las. t ■
son have been nominated for tic ‘j
ture by the Democratic and nnii-C;* 1
party of Clark County. Good men, 6“ -
Gen. Edwards, MajorNea!andM’
Bass, lately citizens of Georgia. »
known Atlanta are - - tbut
the Houston lexas ./our,
: Htate to take railroad counacm.
The same party in Floy-I <unty on the
'same dav nominated Dunlop :scott -ml
Mark Bollenger for the Legislature. Leni
i ue l May for Sheriff, and Adolphus E. Ao-s
; f„r Cle?k of the Superior Court.
| The anti-Rsdieals of S, aiding on Satur-
I dav last, nominated Col. A. I>. Niii.iin.lv,
lof Griffin. their candidate for the -'fate
Senate. Dr. T. Ellis for Represent;, ive ,
K ,bt Connell for Sheriff, Jas- H. < i"*H'
j for Clerk of Superior Court, David Akin
! for Tax Receiver, W. V. Maddox for lax
j Collector, aud F. D. Dismuae for O
1 nary.