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guuisou (Sftlttkll Journal,
Published Every Thursday
BY PERRYMAN & MERIWETHER
TE tt.fTS—Strictly in .ldvancc.
Three month*. 1°
One year.... ■
Hales of itdvtrtiHlny t
One dollar per equate of leu hues lor the
(rat insertion, and Seventy-five Cents per
square for each subsequent insertion, not ex
ceeding three.
One square three months S 8 <>U
Mae square six months 12 <>o
One square one year.
Two squares three months... ‘‘ 1,0
Two squares six months 18 00
Two squares one year 80 00
fourth of a column three moth* 80 00
Fourth of a column six months... .. 60 00
Half column three moths 45 00
Half column six months 70 00
One column three months 70 00
One column six months. 100 00
Liberal Deductions JHadc on
Contract *idrertlsrments.
•UIIIMIIIIIIIIIIIIIIIIIIIIIIIHI'HIMIIIIIIIIIHIIIiniIIIIIMIiIHIIIII
Legal Advertising.
Sheriff’s Sales, per levy, *2 50
Mortgage FI Fa Sales per square 6 00
Citations for Letters of Administration, 8 00
•« “ •* Guardianship, 8 00
Dismision from Apmiuistration, 6 00
u •* Guardianship, 4 00
Application for leave to sell land, 6 00
Sales of Land, per square, 6 00
Sales of Perishable Property per squ’r, 8 00
Notices to Debtors and Creditors, 8 60
Foreclosure of Mortgage, per square, 2 00
Estray Notices, thirty days, 4 00
Job IW'orK of every description exe
eatedwith nearness and dispatch, at moderate
rates.
RAIL-ROAD GUIDE.
AUtlrweslcru Kailroacl.
*TM. HOLT, Pres. | VIRGIL POWERS, Sup
-Leave Macon 6.16 A. M. ; arrive at Colum
<bus 1t.15 A. M. ; Leave Oolu-bus 12.46 P.
ts . arrive At AfihCOU 6.20 1 . M.
Macon 8 A %•, a ‘ ® U
(aula i *O, PM; Leaves Eufaula 7 20, AM ;
Arrive* at Macoe 4 60, P M.
ALBANY BRANCH.
Leaves Rmitlivilie 1 46, P M ; Arrives at
Albany'S 11, P M; Leave.s Albany V 36, A M;
Arrives at Smithvilfe 11, AM.
Leave Cathbert * 57 P M ; arrive at Fort
Gains 5.40 P. M ; Leave Fort G.iins 7.06 A.
M.\ arrive at futhbert 9.05 A. Jf.
ilbtron A Western Baflroad.
A J. WHITE, President
D. W ALKER, Superintendent
IJAY PASSENGER THAI*.
Leaves Macon . • • 7 ft'
Arrives at Atlanta . . * I ® 7 . „
Laav.s Atlanta . • -f
Arrives at Macon . • • 1801 .M.
NIGHT TRAIN.
Lueses Xaco* • • • ? m‘
Arrives at Atlanta . . -450A. M.
b-aves Atlanta . . • ?i* 2'
Arrives At iburoa ... 125 A.M.
Western & Atlantic Railroad.
CAMPBELL WALLACE, Sup’t
BAY PASSENGER TRAIN.
Leave Atlanta . * • «** A -
Leave Dalton ... - *■*? £>'
Arrive at Ohai'anooga ..VS
Leave Chattanooga . - • !
Ariive at Atlanta . . • 1- " a J •
night train.
Leave Atlanta . . * 700 PM.:
Arrive at Chattanooga . . 4.10 AM j
Leave ChalU««iSa . • 4.30 I. M.
Arrive at Dalton . . • 750 P. M. |
Arrive at Atlanta . . • 1-41 AM.
(Sards,
deTw. h. hodnett!
WILL. »t nil times, take great pleasure
in wailing ou all who desire 11*8
services, and are willing to pay lor the
same. No other practice is solicited.
Uawson, <ia., January 80lh, 1868—ly
DU. R. A. WARNOCR,
OFFERS hid Professional services to the
citurns of Chickasawhatchee aud its
vicinity. From ample experience in both
•ivil and Military practice, he is prepared to
treat successfully, cases in every department
•f his profession. janl6'6Btf
C. B. WOOTEN,
ATTORNEY AT LAW,
Dnirson, Ga.
jan 16 1868 ly
0. J. GURLEY. WILD C. CLEVELAND.
GURLEY & CLEVELAND,
A TTORNEYS AT LAW,
JUilCord, Baker County, Get.
J. G. S. SMITH,
GJ-insr SMITH and
Machinist,
IM ff’SO.r, : ; Georgia.
Repairs all kinds of Guns, Pistols, Sewing
Mahines, etc., eto. 2 ly.
HAMESS 4 REPAIR SHOP
*I T PBI.rCES' STABLES,
#aw«on, ... Georgia,
CIAN furnish the public with Carriag ‘
Trimming, Harness Mounting, Ac. All
Work promptly done for the cash.
n0v22’673m HARRIS DENNARD.
Fresh Garuen Seed
EOR SALE A. T
Perryman & Meriwether’s Drug Store
New Firm! New Firm!
r undersigned baying formed a consrt
. * nership, are now occupying tn° new build
lug. formerly occupied hv Wm. Wooten, on
Main street, first SosOi of the ‘Journal*
Office, a will keep everything usually found
,n a first cl&«g Family Grocery, »t such prices
48 will induce all to tr«de that call on
CROWELL k HOOD.
Dawson, Go., February fi, 1838 -ts
THE IriWSON JOURNAL.
Yol. 111.
Proposed Constitution
EOR THR
STATE OP GEORGIA,
AS adopted by the negro-radical
convention
LEaiSLAT:VE —SECTION 11.
I. There shall be Forty-Pour Sena
torial Districts in this Stale, compos
ed each, of three contiguous Counties,
from euch of which Distri ig one Sen
ator shall be chosen, Until otherwise
arranged, as hereinaf'er provided, the
said Districts shall be constituted as
follows:
Ist. Chatham, Byran and Effing
ham.
2d Liberty, Tatnall and Mclntosh.
3d. "Wayne, Pierce and Appling.
4th. Glynn, Camden and Charlton.
6th. Coffee, Ware and Clinch.
6th Echols, Lowndes and Berrien.
7th Brooks, Thomas and Colquit.
Bth. Decuter, Mitchell and Wilier.
gth. Early, Calhoun and Baker.
10th. Dougherty, Lee and Worth
11th Clay. Randolph and Terrell.
12th. Stewart, Webster and Quit
man.
18th. Sumter, Schley and Macon.
14th. Dooly, Wilcox and Pulaski.
15; h. Montgomery, Telfair and Ir
win
ICth. Laurens, Johnson and Eman
el.
17th. Bullock, Scriven and Burke.
18th. Richmond, Glascock and Jes
ferson.
19th. Taliferro, Warren and Greene.
20th Baldwin, Hancock and Wash
ington.
'2lst. Twiggs, Wilkerson and Jones
22d Bibb, Monroe and Pike.
23d. Houston, Crawford and Tay
lor.
24 h. Marion, Chattahoochee and
M uscogee
25th Harris, Upson and Talbot.
26th. Spalding, Butts and Fayette
27th. Newton, Waiton and Clarke
-28111. Jasper, Putnam anil Morgan
29th. Wilkes, Lincoln and Colum
bia.
30tb. Oglethorpe, Madison and El
bert.
31st Hart, Franklin and Haber
sham
32d White, Lumpkin and Dawson.
,33d. Hall, Banks and Jackson
34 h. Gwinnett, DeKuib and IL n
ry.
35 h. Clayton, Fulton and Cobb.
36. h. Merriwetber, Coweta and
Camp'iell.
37th. Troup, Heard and Carroll.
38th. Haralson, Polk and Paulding.
39th. Cherokee, Milton and Forsyth.
40ih Union, 7 owns and Rabun.
41s-. Fannin, Gii’mer and Pickens.
42d. Bartow, Floyd and Chattooga.
43il Murray, \\ bitfield and Gor-
don.
44th. \Y* her, Dade and Catoosa.
If anew County lie established it
shall be added to a District which R
adjoins, and from which the larger
portion rs its territory is taken. The
Senatorial Districts may lie changed
by the General Assembly, but only at
the first session after the publication of j
eaeh census by the United Stat.-s Gov- |
eminent, and their number shall not be
i icressed.
11. 'J be Senators shall be citizens of
the United States, who have attained
the age of twenty five years, and who,
after the fir.-t election under this Con
stitution, shall have been citizens of
this State for two years, and for one
year resident of the District from which
elected.
HI. The Presiding Officer of the Sen
ate shall be styled the President of the
Senate, and shall be eleoted viva voce ,
froir the Senators.
IV Tbe Seriate shall have the sole
power to try impeachments. When
sitting lor that purpose, the members
shall be on oath or affirmation, and
shall he presided over by one of the
Judges of the Supreme Court, se ected
for that purpose by a viva voce vote of
the Senate; and no person shall be
convicted without tbe concurrence of
twn-thirds ol the members present.—
Judgements in eases of impeachment
eha 1 not extend further than removal
from office and disqualification to hold
and enjoy any office of honor, trustor
pr. fi wihin this State j bui the party
convicted shall, nevertheless, be liable
and subject to indictment, trial judge
ment imd punishment according to
lj Sec. III.—I. The House of Repre
sentativea, shall consist of one hundred
and seven ly—five Representatives, ap
portioned as follows : To the six larg
eat counties, to- wit: Chatham, Rich
mond, Fu.iob, Bibb, Houston anil
Burke, three Representatives each ; to
the thirty-one next largest, to-w.t
Bartow, Columbia, Cobb, Coweta,
Clarke, Decatur, Douguerty, Floyd
Gwirnett, Greene, Hancock, Harris,
Jefferson, Lee, Muscogee, Monroe,
Meriiwether, Morgan Macon, Newton,•
Ogletborp», Pmaski, Randolph, Sum
ter, Stewart, Troup Thomas, Talbot,
Washington, Wilkes and Warren, two
Representatives each ; and to
maimng ninety five Counties, one Rep
resentative each.
11, The above appointment may be
changed by the General Assembly af
ter each census by the United States
Government, but in no event shall the
' aggregate number of Representatives
! be inereased
111 Thejfeprestntativesshalllv.it
izens of the United States who have
! attained the age of twenty-one years,
1 and who, after the first election undet
this Constitution, shall have been citi
zens of his State lor one year, and for
six months residentot the counties trom
which elected
IV The Presiding officer ol the
House of Representatives sha'l be styl
ed the Speaker of tho House of Rep-
1) A.WSON, GA., THUItSDAV, APRIIi l>, ISUIrt.
rescututireH, and ahull be sleeted viva
voce from the body.
V. The House of Representatives
shall have the so’es power to impeach
all persons who shall have been or may
he in i ffjee.
VI. All bills for raising revenue, or
appropriating money, snail originate in
the House of Representatives, but the
Senate may propose, or eonetir, in
amendments as in other bills.
Sec IV--I Each house shad be the
judge of the election returns, and qual
ifications of its members and shall
have power to punish Them for disor
derly behavior, or nsseouduut by cen
sute, fine, imprisonment, or expu'sion ;
but no member shall bo ext elled ex
cept by a vote of two-thirds of the
Hou-e from which he is expelled.
II Each House may puuish, by im
prisonment. not extending beyond the
session, any person, not a mamber, who
shall be guilty ol a contempt by any
disorderly behavior in its presence, or
who, during the session, shall threaten
injury to*W® porson, or estate of any
member for anything said, or done, in
either House, or who shall assutrlt any
member going to, or returning (here
from, or who shall rescue, any person
arrested by order of • ither House
111. The members of both Houses
shall be tree from at rest during tneir
attendance on the General Assembly,
and in going to, or returning there
from, exi-ept l' r treason, felony, larce
ny, or breach of the peace; and no
member shall be liable to answer in
any othei place for anything spoken in
debate in either House.
IV Each House shall keep a Jour
nal of its proceeding and pub ish it im
mediately after its adjournment. Ihe
yeas and nays of the members on any
question shall, at the desire of one
fifth of the members present, be enter
ed on the Journal The original Jour
nal shad be preserved, after publtfta
tion, in the office of the Secretary of
State, but there shall be no o her re
cord thereof
V Every bill before it shall pass
shall be read three times and on three
separate days in each House, unless in
cases of actual invasion or insurrection
Nor shall any law, or ordinance pass,
which refers to more than one subject,
matter, or contains rna'ler different
from what is expressed in the title
thereof
Vs. All acts shall be signed by the
President of the Senate and the Speak
er of the House of Represeu atvee;
and no bill, ordinance, or resolution,
intended to have the effect of a law
which shall have been rejected by ei
ther House, shai, be again proposed
during the same session, under the
same or any o her tit e, without die
consi r.t of two-thirds of the House by
which 'he same was rejected.
VII. Neither House shall adjourn
for more than three days, nor to any
other place, withou the consent of ti e
other ; and in case of a disagreement
between the two Ecusee on a ques
tion of adjournment, the Governor
inav adjourn either or both ol them
VIII. Ihe officers of the two Hous
es, other than the President and Spea
ker. shall be a Secretary of the Senate,
and Clerk of the House, and an .’issi-.-
tant for each ; a Journa zing Clerk,
two Engrossing and two Enrolling
Clerks for each House, und.the n mber
shall not be increased 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.
IS. Whenever the Constitution re
quires a vote of two-thirds of either or
bo;h Houses for the passing of an act
or roeo'ution, the yeas and nays on
the passage thereof shall be entered
on the Journal, and all votes on con
firmations, or refu-als to confirm nom
inations to office by the Governor,
shall be by yeas and nays, and the
yeas and nays shall be recorded on the
Journal.
X Every Senator, or Representa
tive, before taking his seat, shall take
an oath, or affirmation, to support the
Constitution of tne United S.ates. and
of this State; that he has not praetic
ed any unlawful means, direc ly < r in
directly, to procure h,s election, end
that he has not given, or offered, or
promised, or caused to be given, or
offered or promised, to any person, any
money, trent, or thing ol value, with
in en to affect any vote, or to prevent
any Derson voting at the election at
which he was elected.
Bee. V. —i The General Assembly
shall have power to make all laws an
ordinances, consis ent with this Consti
tution, and not repugnant to the Con
stitution of'he United Mateo, which
ih* y shall deem necessary and proper
for he welfare of the Mate
11. The General Assembly may alter
(.he boundaries of, or lay off and ei-tab
lish new counties, or abolish counties,
attaching the territory thereof to eon
tiguous couoties, but no new county
shall be established but by a vo e < f
two thirds <>f the House; nor -hall any
county be abolished except by vote ol
two-thirds of each House, and after tne
qualified voter* of the county shall, at
an election held tor the purpose, so de
cide
Fee VI—I. No money shall be
drawn from the Treasury except Dy ap
propriation made by law, and a regu
lar statement and account ol the re
ceipt and expendiiure of all public
ru‘>ney, shah be published from ime
to time, and, al*o, woh he law.- pass
ed by each sesssum of the General s
sembiy
U. No vote, resolution,latv, of order
shall pass, granting a donation, or gra
tuity, in lavorol any pc son, except by
ttie concuireno of two-thi ds of each
branch of the General Assembly, nor,
by any vote, to sectarian corporation,
or association.
111. No law of section of the Cede
shall be amended or repealed by mere
reference to its title or to the number
of the section in the code, but the
amending or repealing act shall dis inct
ly und fully describe the law to bo
amended or repealed, as well as the
i alteration tb be made; hut this clause
shall be construed as directory only to
the General Assembly.
IV. No law shall be passed by which
a citizen shill be compelled against his
1 consent, directly or indirectly, to be
cornea stockholder in or contribute
to anv rai'road or wont of public im
provement exeet in the case of the in*
habitants of a corporate town or city,
In such cases, the General Assembly
may permit the corporate authorities
to take such stock, or make such con
tribution. or engage in such work af
ter a majority of the qualified* voters
of such town or city, voting at an elec
tion held for the purpose, shall have
voted in favor of the same ; but not
otherwise
V. The General assembly shall have
no power to grant corporate powers
and privileges to private companies,
except to Banking, Insurance, Rail
road. Canal, Navigation, Mining, Ex
press, Lumber, Manufacturing and
Telegraph Companies; nor to make, or
change, election precincts; nor to es
tablish Bridges or Ferries; nor to
change names of legitimate children ;
bn it shall prescribe, ! -y law, the man
ner in which such powers shall be ex
ercised by the Courts. But no char
ter for any Bank shall be granted, or
extended, and no act passed authorizing
'be suspension of specie payments by
any Bank, except by a vote of tiro
thirds of the Geoera) Assembly. 'he
General Assembly shall pass no lal7
making tbe State a stockbo'dcr in any
corporate company; nor shall the credi
of the State bo granted, or loaned, to
aid any company without.a provision that
tbe whole properly of the company rhall
bt 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 iuqestcd by private persons; nor
f<r any other object than a work ol
public improvement.
ARTICLE IV —EXECUTIVE —SECTION I
I. Ex outive power shall be vested
in a Governor, wh ■ shall hold his office
during 'he term of four years, and ut til
such ime as a successor shall be chosen
nd qualified. He shall have a compe
tent salary established by law, which
sha ! l not, be increased, or diminished,
during the period for which he shall
have been electee ; nor shall he receive,
within tha’t period, ny other em-dumont
from t e Unit and States, or either of
them, i r from any foreign power.
11. Aft-1 he tir.-t election, the Gov
ernor '-hall be elected quadi- ruiinlly, by
the per ms qualified to vole for mem
bers I the General Assent ly, on the
Tuesday after tbe first Monday in No
v mber, until such time be altered by
law, which election shall be held at. the
p aces of holding goueral elections in
tae several counties of this S ate, in tin.
sitne manner as is prescribed for the
e eotion f members of the General As
sembly. The returns fur every election
of Governor, after the first, shall fe
sealed up by the Manag r-, i-eparately
from other returns, and directed to ibe
President of the Senate and Speaker of
tne House oT Representatives, and
transmuted to His Excellency, the
Governor, or the person exetcising the
du ie* of Governor lor the time being,
who shall, without opening tbe said re
turns, cause the same to bo laid befere
the Senate, on the day after the two
Houses shall have been organized ; and
they shall be transmitted by tbe Senate
to the House of Representatives. 'The
members of each branch of the General
Assembly shall convene in the Repre
sentative Ha‘l, and the President of the
S.Date and the Speaker of the House of
Representatives shall open and publish
the returns in the presence of the Gen
eral Assembly; and the person having
the majority of the whole aumb.r ol
votes given shall be declared duly elect
ed Governor of this State; but if no
person have such majority then from
tbe two persons having the highest
number of votes, who shall be iu life,
and shall not decline an election at the
time appointed for the Legislature to
elect, the G -neral Assembly shall im
mediately elect, a Governor vice voce; '•
and in all cases of election of a Gover
nor by the Assembly, a maj rity of the
votes of the members presi ut, st all be
necessary for a choioe. Contested elec
tions shall be determined by both
Houses ot the General Assembly, in
such manner as shall be prescribed by
law
111. No person shall be eligible to
ibe ■ ifioe of Goveruoi who shall uot
have been acitiz a of tbe United States
fjf een years ami a ciiiz li of this State
six years, and wh > shad not have attain
ed the age of thirty years.
IV. In ca«e of the death, resignation
or disability of tbe Governor, the Bre-i
--dent of the Sena o sball exercise tbe
Executive powers.of the G iveri.meut
ui til the removal of the Tsibility ortho
eleorion and qualification of a Governor
Tbe Geueral Assembly sball have power
to prtvide by law for filling unexpired
terms by a special election.
V. The Guveru lr sball, before he ec
, rs on tbe duties of his office, t,.ke ;ho
following oath, or affirmation : ‘ldo
soicmnlv swear [ r i ffimi, as ti e ea e
uia. be, | tha. i will faithfully oxi eu»e
toe office of Governor us the Bute of
Ge rgia, will, to the be-t of my
abilities, preserve, protect and dwfeud
the Constitution th-reof, and the Con
.- mi ut ion of the United Su es of
Amo ica ”
SECTION 11.
1. The Governor shall be C inman
dor n Chief f'l>< Army aid Navy of
th a8 a e aid of be militia thereof.
II He sba.l have power to grant to
prieves and pardons, to ooinrr,uto peri*],
ties, and to remit any part of arcntonco
fur offenses agaiisUbc State, except in
cases of impeachment.
111. lie slpull issue writs of clodtion
to fill vacancies that happen io ih*
Senate, or House of Representatives,
and shall have puwor to convoke th«
General Assembly on extraordinary
occasions, and ball givo them, from
time to time, informal ion ol the sta'o of
the Commonwealth, and recommend to
their consideration such measures as bo
may and cm necessary and expedient, i
IV - When any office shall breotno
vacant by death, roaignatp-Vn, or other
wise, the Governor shall have power to j
till such vacancy, unless otherwise pro
vided by law; aod persona so appointed
shall continue in office anti! a successor ;
is appointed agreeably to th 3 re- da
pointed out by this Constitution, or by
law, in pursuance thereof. . I
V. A person once reacted by the
Senate shell not bo rc-.ippoin'ed by th"
Governor to the same < face during tbe
same session, or the recess thereafter.
VI. The Governor sball have the
revision of all bills, passed by both
Houses, before the samo shall b"c-,mo
laws, but two-tbirds of each Rnufo
may pass a law, pot.athß'amling his
dissent, and if any bill -.in ha j
returned by the Governor within five j
days (Sundays excepted) after it ban ,
been presented to him, :h" same : hall '
be a law, unless the General Assembly,
by their adjournment shall prevent its
return 11,0 may approve any appropri
ation and disapprove any other appro
priation in tbe same bill, and the latter
shall Dot be effectn 1 u less pa.-s dby
tw-thirds of aach House
VII. E ery vote, resolution, or
order, to wbioh tbe concurrence of
both Houses may be nrce.-sary, except
on a question of election, or adj uru
ment, shall bo presented tc the Gover
nor, and before it shall take effect be
approved by him, or being disapproved,
shall be rc-passed by twi -thirds of euch
House, according to the rules r od limita
tions prescribed in case of a bill.
VIII. There shall be a Beerotary of
State, a Comptroller Genera!, a Tri asu
ler and Surveyor General, elected by
the General Assembly, and they shall
hold their offices for the like period as
tbe Governor, and -h ill hme a compe
tent salary, which shall not be increas
ed, or diminished, during the period
for which they shall have been cb c.jd
The General Assembly may, at any
time, consolidate any two of these
offices, acd require *ll to- duiieo to be
discharged by oue officer.
IX. The Great 8 al ol the State. sha;l
be deposited in the office of the Secre
tary of State, and shall not De affix and to
any instrument of wilting but by order
of tbe Governor, or General AesvutMj ;
and that now in use shall be thr Great
Seal of «bo Mate until eKheiwiso pro
vided by law.
X The Governor shall have piwer,
to appoint his own Secretaries, not ex
ceeding two in uumber, unless more
shall he autnorizrd by the General As
sembly.
ARTICLE V —JUD.CIAKY.
Sec. I. Tbs Judicial powers of this
State shall be vested in a Supreme
Court, Superior Court, Courts ot Ordi
nary, Justices of the Peace, Commis
sioned Notaries Public, and such other
Courts as have been, or may be estab
lished by law
See. 11. ibe Supreme Court shall
cons'st of three Judges, two of whom
sball constitute a quiruio. When a
majority of tbe Judges are dii-qualiticd
from deciding any case, by interest or
otherwise, the Govern r shall designate
certain Judges of the Superior Cou.ts to
sit iu their stead. At the first appoint
ment of Judges of the Supreme Court
under this Constitution, one shall be
appointed for four yeats, one for eight
years, and one for twelve years; but
all subsequent appointments, except to
fill unexpired terms, shall bo for the
term ot twelve yeari;
The Supreme Court shall have no
original jurisdiction, shall boa Court
alone for the trial and correction cf
er/ors from the Superior Courts and
from the City Courts of Savannah and
Augusta, and such othei like C urts as
may be hereafter estab isLed in othtr
cities; and shall sit at the scat of Gov
ernment at such times in each year as
shall be prescribe 1 by law, foi the trial
and determination ot writs of error fr m
said Superior and City Courts' The
days on which the cases trom the several
Circuits and Ony Courts -bail be taken
up by tbe C urt, shall be lix -d by law.
The Supreme Court shall dispose of
every case at the first or second term
after such writ of error is brought; and
in case the plaintiff in error shali not be
prepared at the first term to prosecute
tho case, unless prevented by Providen
tial case, it sball bo stricken from tbe
docket, and the judgment below shall
staud affirmed loauy case, the Court
may, in its discretion, withhold its judg
ment uutil the next term alter the same
is argued
When o ily two Judges sit in any
case, and they disagree, the judgment
below shali stand affirmed.
Bec 11. There shall be a Judge of
the fciaperior Courts fur each Judicial
Circuit. H - mav act iu other Circuits
wLeu au'li rzd by law At the first
appointment ■ t such Judges u dor Ins
Coni-ti tution, one half of the number (as
[ uear as may be) shall b" appoint dir
four years, and ibe other h*tt f r eight
' tears; but all sub? quent app' iotments,
; xccpt to fill um xpifed terms, shall be
fol the term of eight years,
j The Superior Court shall have exclu
l-sive jurisdiction in eases if and v rce; in
; criminal cases, where the iff uier is
'subjected to loss of life or confinement
in tbe Penitentiary ; in ca-es respce’iug
! titles to land ad 'quity eases, eXCi.pt as
1 hereinafter provided; but the General
No. i>.
A-se*nMy shall have power to mcrgi
G >uimnu Law and Equity Jurisdic
tion af s*id courts. Haul oouna shall
| have jurisdiction in all other civil cases,
, except as hereinafter provid and. They
shall have appellate jurisdiction in all
such eases as may-be provided by low.
Thoy shall b*ve power to correct errors
in Inferior Judicatories, by writ of cer
tiorari, which shall only issue on trio
-sanction c>f tie Judge; and to issue
writs of m indamus, prnhibitioi , setre
fuciat, and ail other writs that uuy be
t aecssaty for carrying their powers fully
into effect, and sball have such other
powers as shrill be ocnlorred on them by
latv.
Yh'cro shall bo no appeal from one
jury in the Superior Courts to another ;
out. the court any grant new trials on
.legal grounds. The court sball render
judgment without the verdict of a jnry
nail civil cases, founded on contract,
where an Lsuable dtfeuoe is net fi cd on
oatb.
The Superior Courts sball sit in each
county not loss than twice in each year,
et such times as have been, or may be
appointed by law.
See. IV. Uutil the General As em
bly shall otherwise direct, there sball be
a District Judge, a Distriot Attorney ;
for each Senatorial Distriot in this
Btate
The District Judge sball have juris—
j diction to hear and date mine all i fieuccs
: not punishable with ca'h or imprison
mentioihe Peni'emiary ; and it shall
be the duty cf thi District Attorney to
represent the State iu ail cases before
the District Judge.
The District Judgo shall sit at stated
tim- s not jess than once in each month
in each cunty in his District for the
trial of offences, and at such other timec
S3 the General Assembly may direct
03o> rs shall be tried before the D s
trict Judge on a written accusation
fa id' and on affidavit ; said accusation
shall plainly set forth theoffens charg
ed and shall contain the name's th'
accusin', aud so signed by the Dis.iiiit
Attorney.
There shall be no jury trial before
the District Judge except when de
manded by the accused, in which care
the jury shall consist of seven.
Such civil jurisdiction may be con
ferred on the District Judaea as he
General As-t rably may direct.
The Distriot Judges and Attorneys
shall hold thei* offices for a period of
four years, and shall receive for t'uir
services such stated compensation, hi
their r- peetivt Districts, as may be
provided by law, but in no ev-nt siis'i
be their compensation, in their respec
tive Districts, as may ba provided by
law, but in r.o event shall t heir compen
sation be in anywise dependent on fines,
forfeitures or qasf.
Bcs V. Tbe p~w n os a Court of
Urdu iry and of Probate shall be vested
in an Oidiuary for each county, from
wni.se decision there may be an appeal
to the SuperiarTJourt, uudet regulations
prescribed by law.
The Court of Ordinary shall have
such powers in relation to rods, bridg
es, ferries, public bailings, paupers,
County Officers, Couuty funds and tax
es and other matters, as shall be con
ferred on them by law
Tbe Ordinary shall bold bis office,
and until bis successor elected aud qual
ified.
Bcc. VI. There shall be in each dis
trict, a justice of the Peace, whose offi
cial term, except when eleofed, to fill
an cnexpired term, sha’l be four years.
Thd Justices of the Peace shali have
jurisdiction, except as hereafter provid
ed in all civil cases where the principle
sum claimed does not * xcced one hund
red dollars, and may sit at toy time for
the trial of such cases ; but in cases
where the sum claimed is more than fit
ly dollars, there my be an appeal to
the Superior Court, under such regula
tions as may be proscribed by law.
There shall be no appeal to a jury
from the decisson of a Justice of the
Peace, except as provided in the forego
ng paragraph.
No aria Publio may bo appointed
and commissioned by (ho Governor, uot
to exceed one for each Military Dis
trict, for a torm of four year*, an 1 shall
be oi-olßc rJustioot of the Peace.
|S -e. VII. 1 here ssail be an At orney
General of ihe ot. te, whose < tlfiia!
term, exbcpt when appointed to fill an
uaexpired term, shall be four years.
It sliri! bo tbe du y of tiie Attorney
Get oral to act as the legal advsit r of the
Exccu.ive Department, to repr<B ut the
Fta’c in all civil and criminal cses in
tha Superior Courts, when required by""
the Governor, aud to perform -uch o. ti
er services as shall be required of him
by law.
Fee. VIII. There shall be a Solictor
General for each Judicial Circuit,
whom offio.al term, except when ap
pointed to fill an unexpired term, shall
be four years.
It shall be the duty ct the Solicitor
Goueral to represent tho Sia'o iu all
cages in the Superior Court cf his Cir
cuit, and in ail cases taken up from bis
Circuit to tho Supremo Court, and to*
perform such other set vices as shali he
required of him by law.
Bee. IX the Judges of the Supreme
and the Superior Cuurts, the Attorney
General and tho D strict Judges, and
Attorneys shall he appeiated by the
G vernor, with tbe advioe aud consent
of the Ftuate, aud shall be removable
by i U Governor uu the aadr ss of tw. -
thirds of @ ich branch of tee Goueral As
csuiti y or by impeachment or convicUuu
thereon.
Jusrices ot tbe Peace shall be elcc.cd
the legal voters in their respective
D.stiicts, and shall be commissioned
by the Governor. They shall he re
movable ou conviction for in.ipraotice
iu ffio ■.
B e. X Tho Judges of the Supreme
aud Bup' nor Courts, and ihe Attorney
and doliciiing General* shaJl hivo out
of ibtr State.Tiea yry, tdo j • i and
hocrcabic saiarffis on tbe epeei* basis,
*vhic|i saall not be increased or dimiu
d timing their continuance in office.
I'hc D,at riot Judges an f Diairiot A:-
torbuj* shall Revise out ol the Troas”
uiies of the Bvteral c unties cf thtir
disiricis, adequate c uij -n-ation on ibe
■peoie bests, wnioh shall uvi bo uicrras
d or dlmiuist and tin ;?■ term of of
fice ; but. said J edges so ail* not receive
auy otficr perquisites, or euiolua. bis
whatever, iroui par-ties, or others, on ac
count of any duty ri quired of them.
The Gem ral A-sombly shall provide
fur the equitable apportjonaiunt of tho
c uipeusatiuo of tne District Judge* and
/Attorney* bi-tween the Conutios com-
Io» Og th. if Di- riot , aud shall require
the un ncjH arising tr >w fine* and for
feitures in the District Courts to bo
paid iuto the Treasuries thereof.
No pernon shall be Judge of the Su
, promo i r Superior Court*, or Attorney
I General, unless at the time of his ap
| P intmout he shall have attained tbe
j ago ol thirty years, and shall have been
, a c.tizon 1 1 t! is B;*t,e three years, and
have practiced law for saven years.
See XI No total divoroe shall be
granted except on the concurrent ver
i oicts of twojuriis. \Vheo a divorce is
granted, the jury rendering the final
verdict shall 'deiermcDe tho rights and
disabilities of tho parties, subject to
the revision of the court.
Sec. XII. Divorce cases shall be tri
ed in the County where the deiendent
j resides, if a resident- of this State.
C iminal casts shall bo tried in tbe
; Ooui ty where tho crimu was committed
except eases iu the Superior Courts
| when the presiding Judgo is satisfied
tha. an impartial jury cannot be ob
tained m such County.
I Cam s refpec ing title* to land shall
1 be tried in Ibe Court where the land
lies, txeept where a single tract is divid
ed by a County line, in which case the
Superior C urt of either C. uuty shall
have jurisdiction
Equity css as i. ball ba tried in tho
O'uiity w/sread .edant resides against
wb in substau'ia! relief is prayed.
Suits again ;t joint ub igers, joint
promisors, copartners, or joint trespass
ers re* iding in difi rent counties may
be » ricii in either county.
Suns again.i tb maker and endorser
o' pr lun sOry non », or other like in
strum nt-i, residing in different coun
ties, shall be trie 'j in the county where
the maker r. rides.
All uiher cases shall bo tried in tho
c u'jty -..her.- the i fsudent resides.
Sc XIII. Too ri-!, of trial by jury,
except where it is otherwise provided in
the Constitution shall remain inviolate.
The Goffer-il Assembly shall provide
by law fur tho selection ol upright and
intelligent porions to serve as Jurors
—tbe ci-sses of pets ms who compose
grand potit juries. Jurors shall receive
ad- qua e compensation for their servi
ces to be prescribed by law.
Bic. XI \ . The Cuurts heretofore ex
is.ing in this State, styled Inferior
Courts era abolished, aud their unfinish
ed buriness and ifco duties of the justi
ces thereof are transferred to such tribu
nals as the Gene.a! Assembly may d«=-
igoato.
F- c. XV. Tbe G neral Assembly
shall have power to provide for the cre
ation nf c uuty CJtnraissiuners iu sueh
c nn ies as may ri q are them, and to
dt fi ie their duties.
Fee. XVT. AL Courts not specially
mentt. ntd by m me’in the fii-at' para
graph of tiiis Seotfi.n, may be abolished
in any couoly, at tlm discretion of the
General assembly, and tho couuty
i-ourts now existing iu Georgia are here
by ab'lishid.
S'-c. XVII No Court in this'State
sball have Jurisdiction to try Or duter
miuc any suit against auy resident of
this State upon any contraot or agree
meat made or implied, or implied, or
upon auy contract made iu renewal of
any debt exisrii.g prior to the first day
f June, 1865 Nor shall any Court or
ministerial officer of thi* State have au
thority to ens. reo aoy judg in nf, exe
cu'iun or decree rendered or issued up
on any c mtraot or agreement made or
implied, or upon any contraot in renew
al of a debt existing prior to tbe first
day of June, 1865, except in the follow
ing < ases:
1. In suits against trustees where the
true' pr- p'-rty is iu the bands of the
rusteo, i.r has I ccu invested by him in
other speciffo iff ots now in his bards,
aud iusuiiß by the vciutor of real estate
agiinst tbe vendfe, where not more than
on "-third ot the purchase mouey has
been paid, and the vendee is in posses
son of ti e Lnd or specific effects for
w :<cb he has Sold if, anil he refu.-es to
duitv. r he land or said effects to the
vendor. In such * i«es the courts aud
otlie rs inay outemin jurisdiction aud
e t< roe judgements ayaiust said trust
I property ■ r land or ' fleets.
2. In *uits for the belli fit-of minors
by trustees appointed b fre the first
day < f June, 1865.
3 I suiis against corporations in
i tiesr corporate capacity, but not so as
to enforce the debt against the stock
fa Hers or officers thereof in their indi
vidual capacity.
4. In suits by charitable or literary
iusri utions tur mori-y loaned, proper y
>ther ban Have*-sold, or services
rendered by such institutions
5. In hi is on debts due for mechan
deal 'r manu >/ labor, when the suit is
by the mecb-.riic or 1 brier.
6 1 < cases when tho debt is set up.
by way of defence, aud the debt set up
xcoed • any debt due by detendent to
plain' IF ■( wbioh the oourts are deni
id jnisuictioc.
7. In all other cases in which the
G neral Ass- mbly shall by law give tho
said Dour sand Officers j iTudictioD ;
Provi le<*, th it no Court or officer shall
h ve, n r shill the Gem ral Asseaptly
giv j ,ii diction or authority, ti'try or
giie jud i mint on or ei.loice any uebt
the consideration of which was a slave
|or s avrs,or >ho Lire thireef.
11 Ail contracts made and cxcou'ed
during tbe late rebellion, with the in
' tentieu ands r the purp se of aiding
and encouraging said rebellion, or where
it was the purp so ami iuieotiun of any
one of tho ’ arises to sueh contract to
i