Newspaper Page Text
N. S. MORSE.
~ r-iurr:.:nrzzz:r_....
November Eukhtoms.— Elections lake place
on the 7tb of November next in the States of
Now York, New J&vey, Minnesota and Wis
consin
In New York, a Secretary of State, Comp
troller, Attorney General, State Tieusurer,
Inaitector of Prisons, State Engineer, Canal
Commissioner, Oldk of the Court of Appeals,
and Judges of the Court ol Appeals, arc to be
chosen. Both'the Republican and Democra
tic parties havo strong tickets in the field.
In New Jersey, a Governor and members of
the Legislature are to bo chosen. Marcus L.
Ward is the Republican, and Theodore Run
yon, the Democratic [candidate for Governor.
'lhecanvas is being prosecuted with great
vigor on both sides.
In Massachusetts a Governor and Legisla
ture aro to lie elected. Alexander H. Bui
•lock is the Republican, and Darius N. Clark,
the Democratic candi late for Governor.
In Minnesota Win. R. Marshall is the Re
publican, and Ilenry M. Brice, the Democratic
candidate for Governor. A Legislature is alsv
to he elected.
lii Wisconsin tli* Republicans linvo nomina
tod Lucius Fairchild lor Governor. The Demo
crats have made no nomination yet,.
All of these Slates, except, New Jersey, voted
last full for Lincoln and Johnson. New York
and. Now Jersey are regarded as doubtful at
present.
ukckii’TSoi Cotton in Great Britain.—Tho
following table giv s (ho receipts of cotton in
(Jroat Britain for two periods of four years, one
being that immediately jut c.sling tbe war, and
the other that, 01 the war :
Before the war. During the war.
founds. founds.
1857 .994,287 900 1801.... 1,260,325 900
1858 ...1,018,1:10,000 18(12 535,00 f’fiOO
1899. . . 1,191,009,300 1863. .. . (182,810,000
18(10 1,417,1574,800 18(14 ... '110,850,000
The large amount obtained in 1801, is ac -
counted tor from the fact of tbbto being no
blockade of (lie Southern ports for the first
four mouths of that year, and it was then for a
long time so iutfficicut that blockade runners
curried on a prosperous and profitable trade.
Below is given a list ol the countries from
which England drew her supply, nud the
amount received lrom each, during tUo year
1804, und appended to it ia an estimate of the
receipts lor the current year, which appears to
havo met with general acceptance in the bust
informed commercial circles :
From. Actual Import. Estimated Im
in 1804. port in 1865,
India 1,999,514 baled. 1,500,000 bales.
Chinn. . 1590,074-bales. 600,000 bales.
Egypt. 254,102 bales. 875,000 bales.
Brazil . 212,192 bales. 250,000 bales.
America 197,770 bales. 100,500 bales.
West In
dies, etc... 59,645 bales. 10,000 bales.
Smyruia .Si Medi
torranean ports, 02,053 bales. 93,000 bales,
'total 2,587.356 bales. 3,100,000 bales.
Amkruian Institute Bair— Practical Test
or AuumciAL liEua.—Thft practical test of tho
merits of artificial legs on exhibition at tho
American Institute Fair, on Saturday evening,
was both novel and attractive. It, co. sit <1 of
a walking match along the center aisle of
the Fair building. Three gentlemen entered
the list and gave a specimen of their facility
in walking on these substitutes lor natural
legs. Tho first contestant, Mr. Bates, was a
tail, heavy mau. over six loot high, and weigh
ing over 200 pounds, lie wore a pair of ar
titicul legs be Lad used less than three weeks,
and therefore walked somewhat unsteadily.
The second competitor, Mr. Augberger, fol
lower!, wearing but one artificial leg. He
walked a fourth of a mile without a curie in
lour minutes with apparent ease, and was
warmly applauded. Mr. Frank Stuart closed
the performance, wearing two artificial legs,
applied just below the kuee. lie walked a
halt mile in nine minutes without a cane,
with so much spirit, ease and naturalness, that
he was frequently obstructed and taken hold
of by persons who could uot believe that ho
wore two artificial logs, and he was finally
obliged to take the largo statul and exhibit
the legs and feet to tbe audience, when be was
loudly applauded. All of these gentlemen
wore the artificial leg and patent India rubber
foot manufactured by Mr. A A Marks, No.
575 Broadway. There were two other gentle
men present, each wearing two c.l Mr. Mark’s
legs.
This walking match originated with Mana
gers Carpenter and Ely, and was superintended
L»y the mauagers in person, tho object being
to enable tbe thou-ands ol legless soldiers to
avail themselves of the benefits of a lair trial
ol the real working merits ol tho many arti
ficial legs constantly thrust upon their at
tention.
There are several exhibitors of artificial
limbs in the Fair, most ii uot all of whom are
expected to given sample ol tbe walking
capability of their respective limbs at the
walking match which takes place this evening
at eight o’clock. A prize will bo awarded to
tbe most successful walker.
Any information in regard to Ilia above
novel and at the same time useful invention,
can be obtained at the furniture store of Mr.
C. A. I’latt, iu this city . Mr. P. is the agent
, for the sale of these artificial legs lor Georgia,
and all the Southern States.
Froih er,o\ of Puke Ikon fok Electric Mao,-
nets. —M. Becquerel has been trying to find
a cheap method ot obtaining such iron, and he
has devised cue by which he thinks that
electrolytic iron could be obtaiud at a price
at which it would not be too costly tor use in
the construction of telegraph” and othe
electro magnetic apparatus Into one of the
brauohes of a large U shaped tube he pours a
solution iff proto-sulphate of iron, and into
the other braueli a solution of chloride of
sodium, lie then plunges into each branch a
plate of platinum, one connected with the
positive and the other with the negative pole
of a constant battery of three or more cells.
He so regulates the intensity of the current as
to keep the disengagement of hydrogen barelv
perceptible, and the final result of the primary
and secondary actions which place is that
a double sulphate of iron and sodium is
termed at the positive pole, aud that oxide
of iron is reduced by hydtogtn at the negative
pole. The reduced iron is of course deposited
on the negative electrode, frem which, how
ever, it may be readily detached. It is all but
absolutely pure, and is attracted by the mag
net much more powerfully than the purest
iron hitherto obtainable in commerce.
The new Mexican loan of $30,000,000 meets
with a ready sale iu New York.
The small pox is on the increase iu Mont
gomery, Ala.
There are übt less than 30,000 Americau
travelers now iu Europe.
J. E. Worcester, L. L. D., author of the
Worcester dictionary, <\Jed at bis residence in
Cambridge, October 27, aged 81.
Snow fell In the interior of Massachusetts,
October 27.
[From Macon Telegraph]
fiKOKGU STATE CONVENTION
THURSDAY AFTERNOON OCTOBER 10
A resolution iu regard to drawing cents w
passed, aud seats drawn.
A Resolution to add eight more members to
the business committee of sixteen-lost.
Motion to amend election ordinance to limit
the temi of members of Legislature and Gov
ernor, to be elected, to one year—lor t
The election ordinance was passed as re
ported by committee—yeas 233, nays 35.
1- ifteen hundred copies of election ordinance
ordered printed tor general circulation.
A resolution that the rules of the convention
be altered so that the yeas and nays ol the
iiieiiibeis on any question, shall be entered on
the journal ut the desire of one fifth of the
members present, and not a less number—laid
over.
Gen Tillson, of freedman’s bureau was
in vited to uddiess tho convention on Friday
evening.
Gen. A. U. Wright, Guv. J. E Brown, 11. V.
Miller, Uobt. Trippe. aud B. H. Hill, invited
to seats on the Hour.
Resolution allowing Secretary to employ an
additional assistant, passed.
FRIDAY MORMU OCTOBBR27.
Committee of sixteen granted leave to retire
lor business.
SPEECH.CF MR. HIM,
Mr. Hill : Mr P.esidgpt.--1 gave notice on
vCsterdav, that. I would this morning move
the reconsideration of the ordinance, repealing
the ordinance of the 19th of January, 1861,
and subsequent ordinances und resolutions
I made this in no captious spirit, und
with no dtsire to make procrastoau bod for
any man to bo laid upon. It was made with
no purpose of producing schism between these
who opposed tho secession ordinance, and
those who condemned it. My object was to
give expression to my individual setiment up
or. the subject. ]am not in the habit of gov
erning my conduct by considerations of policy.
It is a habit which I think I shall adhere to.
On this occasion, at the soliciiation of many
friends, wbo lour years ago agreed cordially
with me in opinion, upon tho subject of seces
sion, and for a variety of reasons, the best oi
which is, the harmony of this body, and the
danger of distracting itß councils, 1 have been
induced to reconsider this motion. . The ap
peals of my friends, and the inducements they
suggest, do not fall unheeded upon me. 1
declare upon this Hoor, that even after the
soirows and disasten; which have come upou
this land, I have no personal bitterness to
wards any mau in Umaven or on earth, wbo lias
contributed to bring about tho secession of
this State.
There are to day higher, nobler considera
tions, than the mere discussion of this sub
jecl, which weigh upon my mind; and it. is
not my purpose, nor is it my leeling, (o limit
my associations with men politically, by tho
tost of catholici'y, in regaid to opinions upon
this subject. I would not wound the feelings
of any mau lam frank to say, that my as
sociations with meu who have disagreed with
me upon this subject, both in nay own county
and elsewhere, is and has been, of tho most,
cordial character. My labors in this body,
shall be beet to one single purpose, and, that
is, the earliest admittance of Georgia into
the Union, and the restoration qg he.- ancient
rights, so far as may bo permitted. That is
iny earnest desire. I have no friends 10 ro
waid, or euemies to punish. I have not yet
combined with any political organization. I
do uot say what I shall do in the future. lam
unwilling to be tbe first to produce dissenion
in this body, and I therefore withdraw my mo
tion to reconsider.
A resolution that a commission consisting of
two persous, be appointed by his Excellency,
tho Provisional Governor of Georgia, to pre
pare and report to tho next Legislature, what
laws will be necessary ami proper, in conse
quence of tho alterations made iu the funda
mental law, and especially to prepare and
submit a mode for the regulatiou of labor, and
the protection and government of the colored
population of this State, and that the Legisla
ture fix the compensation of said commission,
was leferred to the committeqon business.
The President announced as foliows the
Committee to petition the President of the
United States to pardon Jefferson Davis, A. H.
Stephens aud other prisoners. Anderson, of
Chatham; Cook, of Macon; Mathews,of Ogle
thorpe ; Saflbld, of Morgan ; Hook of Waeh
ugton.
A resolution that the President of this Con
vention be authorized to appoint two standing
committees, to conaist of five delegates each,
obe known as the Committee on Enrolment,
and .the Auditing Committee was agreed to.
A resolution that the delegatee of this Conven
tion may, without disrepect, sit covered during
the deliberations of this body was lost.
The President announced as follows tbe
Committee on Enrollment—Barnes, of Colum
bia ; Lewis, of Greene ; Hammond, of FuD
tou ; Black, of Scriven ; Mathews, of Wash
ington. Also as follows the Auditing Com
mittee Mathews, of Spalding ; Reynolds, of
N'Wton ; Blount, cf Jones ; Blanco, ot Polk;
Ware, of Pearce.
Mr. Doyal, of Spauldiug offered the fol -
lowing ordinance :
AN ORDINANCE.
For the exemption of certain property from
levy aud sale. *-
Re it ordained by the people of Georgia, iu
Convention assembled. That the following
property of every debtor, who is the bead of
a family, shall be exempt from levy and sale,
by virtue of any process under the law of this
Mate, and the same shall remain foi the use
and benefit of the family of such debtor, to
wit • 100 acres of laud, including the dwelling
house and other improvements ; provided the
said land shall not derive its chief value from
any other cause than its adaptation to agricul
tural purposes ;or in lieu of the above land
veal estate iu any city, town or villiage, not
exceeding $3,000 in value ; two horses or
mules, two cows and calves ; 20 head of hegs,
aud provisions for the family for 12 months ;
all his or her household and kitchen furniture,
and plantation tools ; one loom two spinning
wheels, two pair of cards and 100 pounds of
lint cotton ; cooking utensils, common tools
of trade of himself aud family, one buggy or
carriage, one .wagon and harness, the libraries
of professional men, wearlug apparel ofhim
selves and family, family Bible and religious
and school books, and family portraits, and
such other property as the L ‘gielaluro may
prescribe
Every debtor claiming the benefit of this
ordinance, shall make out a schedule of the
, property so exempted, and have the same re
corded in the office of the clerk of the Superior-
Court : and when the schedule is so filled, the
onus snail be on the creditor to show that the
debtoi owus other property than that named iu
said schedule.
If the debtor shall own more lands or real
estate thau is exempted by th's ordinance, the
rule for ascertaining surveying aud setting
apart the same, shall be that presented bv the
present code of Georgia.
Any officer levying or selling, or any cred
itor pointing out, any property exempt from
levy and sale, under this ordinance, knowing
the same so be exempt, shall be guilty of a
trespass ; and the debtor may institute au ac
tion and recover from said levying officer or
cre.l itoi, double the value of the property so
levied ou and sold.
Ihe debtor shall have no power to alienate
or encumber aDy ot the property exempt un
der this ordinance, but the same may be sold
under au cider of the presiding judge of the
Superior Court where the property may be,
ami the proceeds thereof invested in other
property, or appropriated to the use of the
family of said debtor ; and the said judge shall
have the power, and it shall be his duty, to
pass such order, either at chambers or in
AUGUSTA, GA., WEDNESDAY MORNING, NOVEMBER 8, 1865,
term, as will effectually secure said property,
so exempted, to the use and benefit of tbe
family of the debtor ; said pioperty, so exempt
ed, undenting ordiucnce shall be for the use
f t the wire of any person, during her natural
fife, and at her death to be equally divided
between her children under the age ot 18
*euis, if any ; it not, to children ovei that age,
»> on failure of issue to tho next of kin.
Vsr. Goode, of Housto i, introduced the fol
lowing ordinance, wince he asked to oe refer
ed to iho business committee :
AN ORDINANCE.
1o ratify certain laws passed, and judgments
rendered, since the passage of the Ordinance
of secession, to provide for the introduction
of paVoie evidsnee, to ascertain tbe consid
erations of certain contracts, and for other
purposes therein mentioned :
Bo it ordained, That all laws which had
been passed by theeeveial Legislatures of the
State of Georgia, since the passage of tbe Or
dinance of secession, not ineonmatant wiih the
Goustitution ot the U. S., or the Constitution
of the State of Georgia, as said Constitution
existed on the 19th day of January, 1801, and
which have not expired by their own limita
tion, except laws ielating to crimes, and laws
effecting slave's, tie and*the same are hereby
ratified and declared of lull force and diguity.
2. And he it further ordained, That all
oiiiJal acts and proceedings, judgments, de
crees* and ordeis, of the several courts of law
and equity of this Elate, rendered since the
passage of the Ordinance of secession, and ail
marriages solemnized since the passage of said
Ordinance, be and the same aro hereby ratified
and declared as valid an i binding, as if said
Ordinance had uot been passed.
3. And be it further ordained, That parole
testimony shall bo admissable in all courts of
law and equity in tin's State, to show the con
sideration- of all unexecuted contracts made
and entered into, since the passage of the Ordi
nance of secession and the value of tho same ;
and also to show whether it was tho intention
ot (no contracting parlies, that the money
ealic,l for by said contracts, was to be 'paid in
specie or in a particular currency.
OOVARNOR’s MB3SAUK.
• The following message trom his Excellency,
James Johnson, was delivered to tbe Conven
tion, by L li. Briscoe, liis Secretary :
Mr. President—l am directed by the Gov
ernor to transmit to the Convention a commu
nication in writing :
Executive Office, )
Milledgstville. Ga., Oct 29, 1805. J
Gentlemen ol the Convention :
Brig. Gen. Tillson, acting assistant commis
sioner ol the bureau of refugees, freedmen
and abandoned lands, has communicated to
mo a proposition on a subject, to which I in
vito your attention. You will find it con
tained in the copy of his letter, herotoattached.
Not having power to confer jurisdiction in
courts, or to prescribe the mode of trial of of
fenders, 1 could not enter into the arrangraeuls
suggested, but submit tbe matter to the dis
cretion of the Convention. Such an arrang
ment, if made, and executed in good faith, by
the officers designated will, iu my judgment,
tend much to an early removal of martial law.
J. Johnson, I’ro. Gov. of Ga.
The letter of Gen. Tillson, alluded to in the
above message. In substance : Ho represents
to the Governor that the Bureau is embarrass
ed in the administration of justice, and in the
regulation of tbe colored population, by a lack
of a sufficient numb r of officers in the army
to act in all the counties of the State ; that
the objects of the Bureau, and the welfare of
the community would bo very much promoted
if the Convention would authorize him to ap
point, in the various counties of the State,
where there are no military authorities, M igis
trates r.ud Ordinaries to act as agents of the
Bureau ; that in making sucli appointments he
\yould be governed by the fitness of the appli
cants requiring only lhat such agents, in the
discharge of their duties, should adminis
ter simple justice without regard to condition
or color.
The mdfsage was refered to the committee ol
sixteen ; as was also tho message of Gov.
Johnson delivered at the opening of the ses
sion.
Mr. Parrott, of B irtow, introduced tho an
nexed ordinance:
AN ORDINANCE
To prevent levy or sale of tho property of
debtors, until the adjournment of the next
Legislatu.o.
Be it orda'ned by tho people of Georgia in
Convention assembled. That there shall be no
levy or sale of the property of debtors, under
any execution, precept or order, except where
debtors have or are abscondiug, or removing,
or about to remove without the limits of any
county, until the adjournment ol the next
Legislature.
2. Be it further Ordained, That any officer,
or other person violating this ordinance, shall
bo liable to be punished by fine, at the discre
tion of the Superior Court.
Mr. Parrot advocated his ordinance, a3 ho
said the “stay law’’ ended with tho war, and
many people would bo inconveiuced it some
thing were uot done to lelieve them. Tho or
dinance was referred to a committee of three.
Mr. Parrott of Bartow, Floyd of Newton, and
llill of Morgan.
Mr. Lipman of Monroe, introduced tho an~
uexed ordinance.
AN ORDINANCE
To declare void certain liabilities of indebt
edness, created by the State of Georgia
since the Ist day ot January, 1861
Bo it therefore ordained by the State of
Georgia in Convention assembled, That all
State securities and liabilities of indebtedness,
of whatever character they may be, created
b> the State, lo aid in ihe prosecution, directly
or indirectly, of the late war against the Unit
ed States of America, be an the same are
hereby declared void.
There was much discussion over this ordi
uanc *. Some members thought it ought to be
referred to tiro Committee o‘ sixteen ; one
wanted it referred to a Special Committee of
seven : another thought it ought to bo laid on
table balance of session ; Another was opposed
to Prying it on the table, as he wanted it dis
cussed; in order to prevent excitement at the
coming- election ; another thought it ought to
be referred to a Special Committee as the
Commutes of sixteen might not report on it at
all ; another thought that it was already re
h i red to the Comiuitte of sixteen, and could
not be taken lroni their consideration ; Mr.
Jenkins of the Committee of sixteen, said he
understood the Governor’s message had been
relerred to that Committee, an 1 that the mat
ter spoken or in the Ordinance was also spoken
of in the message, aud that he considered it
was fairly in ihe hands of the Committee, and
ought not to be taken from them unless they
showed a disposition not to report, upon it ; he
said he wis opposed to layiug it on the table,
and that the matter would have the earliest
attention of the Committee which he wai a
member.
None of the speakers appealed to be iu fa
vor of repudiation, some were in favor of
paying every debt the Male justly owes in
full ; others thought; the debt contracted dur
mg the war was not under legal obligations
to pay , for the contingency expressed on the
note, "six months after the ratification of a
treaty of peace between the United States and
the Confederate States.’' has never happened
and never wiil happen, au tit is well under
stood from our law books, the debt is not le
gally binding. Nevertheless those who took
tins ground were willing to have the debt paid
when • ‘scaled down to a specie basis. The
discussion ended by withdrawing the motion
to refer the ordinance to a committee of seven,
and refering it to the committee of sixteen.
CONSTITUTION' OF THE STATE.
Mr. Jenkins : The committee of 16 have had
under consideration, a draft of a constitution
for the Sate ot Georgia, They have not gone
through with that draft, but they concluded
that perhaps it woo'd bo best to report that
portion of it on which they have already
acted, ;n older that the Convention may have
some business before it. By Jthe time the Con
vention gets liirougti with (his portion of the
constitution, the committee think that they
will have another pot tion ready, and the Con
vention can go u» continuously in their action.
They have diiected me to report this as so
much pr< gress made on the constitution.
TlieSmtary then read:
CONSTITU * TON OF l HE STATE OF GEOR
GIA.
ARTICLE FIRST.
DECLARATION OF BIGHTS.
Ist. Protection to persons aud property is
the duty of the government.
2d. No person shall be deprived of life liber
ty or pioperty, except by due processof law.
3rd. '1 he writ of habeas corpus shall not
be suspfii.laiL unless, in ease of rebellion or
invasion, the pubi c safety may requv»a.it.
4th A v.ell regulated Militia being necessa
ry to the security of the State, the right of
the people to keep aud bear arms shall not be
infringed.
sth. Perfect freedom of religious sentiment
be and the same is hereby secured ; and no
inhabitant of said State shall ever be molested,
in person or property, nor prohibited from
holding any effiee of tiust, on accouQt of his
or her religious opinion.
6th Fre< dom of* speech and freedom of the
pressure inherent elements of political liberty.
But while every citizen may freely speak, or
write, or print, on any subject, he shall
bo responsible for the abuse of the liberty.
7th. The right of Die people to appeal to
the courts ; to petition to the government on
all matters of legitimate cognizance, and
peac.ibly assemble for t he consideration of any
matter of public concern, shall never be im
paired.
8:h. Every person charged with an offense
against the laws of the Btate, shall have the
privilege and benefit of counsel ; shall be furn
ished on demand, with a copy oi tho accusition,
and a list 61 the witnessis on whose testimony
tbe charge against him is founded ; shall have
compulsory process to oblain the attendance of
his own witnesses; shall he confronted with
tho witnesses testifying against him, aud shall
have a public and speedy trial by an impaitial
jury.
9th. No person shall be put in jeopardy of
life or liberty, more than once, for the same
offense, save on bis or her own motion for a
new faisjl after conviction or in case of mis
trial.
10th. No conviction shall work corruption
of blood, or general forfeiture of estate.
lltli. Excessive bail shall not bo required,
nor excessive tines imposed, nor cruel and un
usual punishments inflicted.
12th. Tho power of the courts to punish for
contempt shall be limited by legislative acts.
13th. Legislative acts in violation of the
Constitution are void, aud the Judiciary shall
so deelare them.
14th. Expost facto laws, laws impairing the
obligation r-f contracts, and ret oactive laws
injuriously affecting any right of the citizen,
are prohibited.
15th. Laws shall have a general operation,
and no general law affecting any private rights
shall be varied in a particular case by special
legislation except with the free consent, in wri
ting of all persons to be affected thereby; and
no person being under a legal disability to con
tract, is capable of such free consent.
16th. The power of taxation over the whole
State shall be exercised by the General Assem
bly, only to raise revenue for tbe support of
the Government, to pay the public debt, to
provide fertile common defense, aud for such
other purposes as the General Assembly may
be specially required or empowered to accom
plish by this Constitution. But the General
Assembly may, by statute, grant the power of
taxation for designated purposes, with Buch
limitations as they may deem expedient, to
county authorities and municipal corporations,
to be exercised within their several territorial
limits.
17th. In cases of necessity, private ways
may be granted upon just compensation being
first paid, and with this exception private
use, and then only on just compensation to be
first provided and paid, unless there be a
“p'.easing uuforseen necessity, in which event
the General Assembly shall make early pro
visions for such compensation.
The right of the people to be secure
in their persons, houses, papers and effects,
against unreasonable searches and seiznres,
shall not be violated ; and no wa#rant shall
issue, but upon probable cause, supported by
oaih or affirmation, and particularly describing
the place or places to be searched, and the
persons and things to be seized.
19th The person cf a debtor shall not be
detained in prisioa, after discharge or for the
b.uefitof his creditors, of all his estate, not ex
pressly exempted, by law from levy and sale.
20th. Ihe Government of tho United States
having, as a war measure, proclaimed all
slaves held or owned in this state, emancipa
ted from slavery, and having carried that pro
clamation into full, aud practical effect, there
shall henceforth bo, within the State of Geor
gia, neither slavery, nor involuntary servitude,
save as a punishment for crime, after the legal
conviction thereof; provided, this acquiescence
in the action ot the Government of the United
States, is not intended to operate as a relin
quishment or waiver, or estopel, of such
claim for compensation of loss sustained by
reason of the emancipation of his slavrs, as any
citizen of Georgia may hereafter make upon
the justice and magnanimity of that govern
ment.
21st. The enunciation of rights herein con
tained, is a part of Ibis Constitution, but snail
not bo construed to deny to the people any in
herent rights, which they have hitherto en
joyed.
ar.TIOI,E SECOND— SEC. 1.
Ist. Tire Legislature, Executive and Judi
ciat Departments, shall be distinct, and each
department shall be confided to a separate
body of magistracy. No person or collection
of persons, being of one department, shall ex
ercise any power properly attached to either
of the others, except in cases hereby expressly
provided
§S2d. The Legislaluie power 6hall be vested
in a General Assembly, which shall consist of
i\ Senate and House of Eapresenatives, the
members whereof shali be elected, aud returns
of the elections made iu the manner now pre
scribed by law (until changed by the General
Assembly ') on the fifteenth of Nov in the piesent
year ; and bieaially thereafter on the first
vVeduesday of October, to serve until their
successors shall bo elected ; but the General
Assembly may, by law, change the day of
election.
31. Tiie first meeting of the General Assem
bly under this Constitution, shall be on the
first Monday in December next, after which it
shall meet annually on the first Thursday in
November, or on such other day as the Gen
eral Assembly may prescribe. A majority of
each House shall constitute a quorum to trans
act business, but a smaller nunjber may
adjourn from day to day, and compel - the
attendance ot 'ts absent members as each
House may provide. No session of the Gen
eral Assembly, after the first above.mentioned,
3hall continue longer than forty days, uhless
prolonged by a vote of two thirds of each
branch thercor.
4th. No person, holding any military com
mission or other appointment, having any
emolument or compensation annexed thereto,
under this .Stale or the United States, or either
of them, (except Justices of the Inferior Court,
Justices of the peace aud officers of the milita,)
nor any defaulter for public money, or for any
taxes required of him, shall have a seat in
either branch of the General Assembly ; nor
shall any senator or representative, alter his
qualification as such, be elected by the Gen-
eral Assembly, or appointed by tho Go
with the advice aud consent of two tliiw
the Senate, to any office or appointment
having any emolument cr compensation an
nexed thereto, during the time ior which ho
shall have been elected.
sth. No person convicted of any felony, be
fore any comt of this Stale, or of tbe United
States, sbiil'. be eligible to any office or ap
pointment of honor, profit or trust, within this
State, until he shall have been pardoned.
Cth. Ko person who is a collector or holder
of public money, shall be eligible to any office
in;his State, until the same is accounted for,
and paid into the treasury.
SECTION 11.
Ist There shall he foity four Senatorial Dis
tricts in the Stale of Georgia, each composed
of three contiguous counties, from each of
which districts' one Senator shall bo chosen un
til otherwise at ranged, > s hereinafter provided.
The said distncio shall be constituted ol coun
ties as follows:
The Ist District of Chatham, Bryan, Effingham]
" 2nd “ Liberty, Talnatt, aninteeh.
“ 3rd •“ Wayne, Pearce, Appling.
“ 4th “ Giyan, Camden, Charlton.
*• sth “ Coffee, Ware, Clinch.
“ (ith Echols, Lowndes, Berrien.
“ 7tli ,L Brooks, Thomas, Colquitt.
“ Blh “ Decatur, Thomas, Miller.
“ 9 ill “ Early, Calhoun, Baker.
“ 10tli “ Dougherty, Leo, Worth.
“ llUi “ Clay, Randolph, Terrell.
“ 12th Bt,ev\ait, Webster, Quitman.
'• 13th “ Sumter, Schley, Macon.
“ 1 -Itli “ Dooly, Wilcox, Pulaski.
“ loili “ Montgomery, Telfair, Irwin.
'• Kith “ Laurens,'Johnson, Emanuel.
“ 17th '• Bullock, Striven, Burke.
“ ]Bth “ Richmond, Glassoock, Jefferson.
“'l9th *• Tallioferro, Warren, Greene.
“ 20ih “ Bildwin, Hancock, Washington,
“ 21st *• Twiggs, Wilkinson, Jones.
“ 22d “ Bibb, Monroe, Pike.
“ 23d “ Houston, Crawford, Taylor.
“ 24th “ Minion, Cliutt’cUee, Muscogee.
“ 25th “ Harris, Upson, Talbot.
“ 26di “ Spalding, Butts, Fayette.
“ 27th “ Newton, Waiker, Clarke.
“ 28th “ Jasper, Putnam, Morgan.
“ 29th Wilkes, Lincoln, Columbia
“ 30th “ Ogiethorp o , Madison, Elbert.
“ 31st '• Hart, Franklin, Habersham.
“ S2d “ White, Lumpkin, Dawson.
“ 33d “ llail, Banks, Jackson.
“ 34th '• Gwinnett, Dekalb, Henry.
“ 35th “ Clayton, Fatten, Cobb.
“ 36th “ Merriwei her Coweta Campbell.
“ 37tli *■' Troup, Heard, Carroll.
“ 38th “ Harrison, Polk, Paulding. m
“ 39th “ Cherokee, Milton, Forsyth.
“ 40th “ Uii'ou, Towns, Rabun.
“ 41st “ Fannin. Gilmer, Pickens.
“ 421 Bartow, Floyd, Chattooga.
“ 43d “ Murry, Whitfield, Gordon.
“ 44th “ Walker, Dade, Catoosa.
If n new county bo established, it shall be
added to a distiict which it joins. The Sena
torial Distiiets may he changed by the Gener
al Assembly, but only at the first session after"
tho faking of each new census by the United
States government, and their number shall
never be increased.
2nd. No person shall boa senator who shall
not bat e attained to tho age of twenty-five
years, and boa citizen of the United States,
and have been lor three years an inhabitant of
this State.
3d. The presiding officer shall be styled tbe
president of the Senate, and shall lie elected by
ballot from their own body.
4th. The Senate shall havo the sole power to
try all impeachments. When sitting for that
purpose, they shall ho on oath or affirmation;
and no person shall bo convicted without the
concurrence of two thirds of the members
present. Judgment, in cages of impeachment,
shall not extend further than removal from
office and disqualification to ho,d and enjoy
any office ot honor, profit or trust within this
State; but tho party convicted shall, neverthe
less, be liable aud subject to indictment, trial,
judgment aud punishment according to law.
SECTION lir.
Ist. The House of lleprcsenatives shall be
composed as follows : The thirty-seven coun
ties having the largest represenative popula
tion, shall have two represenatives each. —
Every other eouuty shall have onß represeua
tive. The resignation of tho counties having
two represenatives shall be made by the Gen
eral Assembly immediately after the taking of
each census.
2nd. No person shall be a Represenative
who shall not have attained to the age of
twenty-one ycais, and be a citizen of the Uni -
ted States, and have been for three years an
inhabitant of this .State, and for one year a
resident of the count y which he represents
3d. The presiding officer of the Houso of
Repres’enatives shall be styled the Speaker,
and shall bo elected viva voce from their own
body.
4th. They shall have the sile power to im
peach all persona who have been or may be in
office.
sth. Ail bills for raising revenue, or ap
propriating money, shall originate in the
Houso of Representatives ; but- the Sen ato
may propose or coucr in amendments, as
other bills.
* SECTION 4.
Ist. Each house shall be the judge of the
election, returns and qualifications of its own
members, and shall havo power to punish
them for disorderly behavior or misconduct
by censure, line, imprisonment or expulsion ;
but no member shall be expelled except by a
vote of two thirds of the bouse from which he
is expelled.
2d Each house may punish, by imprison
ment not extending beyond the session, any
person not a member, who shall be guilty of a
contempt, by any disorderly behavior iu its
presence ; or who, during the session, shall
threaten injury io the person or estate of any
member, for anylhing said or done iu either
house; or who bhali assault or arrest any wit
ness going to or returning therefrom ; or who
shall rescue, or attempt to rescue, any person
arrested by order of either house.
3d. The members ot both houses shall be free
from arrest, except tor treason, felony or
breach of the peace, during their attendance
on the General Assembly, and in going to or
returning therefrom. And no member shall
be liable to answer, in any other place, for
anything spoken in debate in either house,
4th. Each House shall keep a journal of ils
proceedings, aud publish them immediately af
ter its adjournment. The yeas and nays of the
members on any question, shall, at. the desire
of one-fifth of tue members present, be entered
on the journals. The original journals shall
be preserved*!after publication) in the office of
the Secretary of State ; but there shall Ijpe no
other record thereof.
sth. Every bill, before it shall pass, shall be
read three times ami on lure* separate and dis
tinct days in each House, unless in cast* of
actual invasion or insurrection. Nor shall
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. «
Gth All Acts shall be signed by the Presi
dent of the Senate and the Speiker of the
House of Representatives'; an 1 no bill, ordi
Dance, or resolution iuieadeT to have the
effect of law, which shall have been rejected
by either House, shall be again proposed un
der the same or any other title, without the
consent of two thirds of the House by which
the same was rejected.
7th Neither House shall adjourn for more
than three days, nor io any other place, with
out the consent of the other ; and in case of
disagreement between the two Houses on a
question of adjournment, the Governor may
adjourn then.
Bth. Every Senator and Representative, be
fore taking his seat, shall take an oath or atlir
mation to support the Constitution of the
United States and this State; and also that he
v r OL. LXXIV>OL.'XXIV NtJ. 46.
a itter,
Ah,’.- *
OF 0:1',. ’ .01;:
servin':-, M JlplßiPw tho
term f •
~ on
Ac ' Houses,
thq * eof shall
- iSs V.
Ist. " n * Nls'.oabh Bhall have pow
er to make n.v fi ordinances, consistent
with this und‘not repuguaut to
the Constitution of the l States, which
they shall deem necessau md proper for tho
welfare of the Stnt<v
2d. They may alte* e boundaries of coua
ties, and lay off aud establish uew counties;
but every bill to establish anew county shall
be passed by at least two-thirds of the mem
mers present, in each branch of tho General
Assembly.
4th. Tho General Assembly shall have pow
er to appropriate money for the promotion of
learning and science, aud to provide for the
education oi the people.
sth. The General Assembly shall have
power, by vote of two-thirds of each branch,
to grant pardons in case of final conviction for
treason, and to pardon or commute, after final
conviction, in capital cases.
6th It shall be the duty of the General As
sembly tom-ike laws to protect and govern
free persons of color, providing in what cases
their testimony shall be received, to regulate
their transactions with citiz ms, to regulate or
prohibit, their emigration into this State from
other States of tho Union, or elsowere, to con
ler jurisdiction upon Courts now existing, or
that may hereafter be, by them created, in
criminal cases excepted lrom the delusive
jurisdiction of the Superior Court, and in civil
cases whereto persons of color are parties, and
at its next session, and thereafter, as the pub
lie welfare may require, to provide by law for
the protection and security of the persons and
property of the freedmen of this state, and
guard them and the S ate against any evil that
may arise from their suddeD emancipation.
SECTION VI.
Ist. The General Assembly have no power
to grant corporate powers and privileges to
private companies, except to banking, insur
ance, canal, p’.ank roads, navigation,
mining, express, lumber, manufacturing and
telegraph companies; nor to mike or change
election precincts ; nor to establish bridges
and ferries ; nor to change names, or legiti
mate children ; but shall by law prescribe the
manner in which such power shall be exercised
by tho Courts. But no bank chailer shall be
granted or extended, and no Act passed author
izing the suspension of specie payment by aDy
chartered bank, except by a vote of two thirds
of both branches ol the General Assembly;
2nd. No money shall be drawn from tbe
Treasury ot this State, except by appropriation
made by law; and a regular statement and ac
count of the receipt aud expenditure of all
public monev shall bo published from time t j
time.
3d. No vote, resolution, law or order shall
pass, granting a donation or gratuity in favor
of any person, except by tho concurrence of the
General Assembly.
4th. No law shall bo passed by which a citi
zen shall be compelled, directly or indirectly,
to become a stockholder in, or contribute to a,
railroad or other work of internal improve
ment, without his consent; except the inhabi
tants of a corporate town or city. This provis
ion shall not be construed to deny the power of
taxation fur the purpose ot making levees or
dams to prevent the overflow of rivers.
A motion that the report be taken up by
sections was carried.
The President—lt will be understood that
when a section is read, it will be considered as
adopted if no objection is raised.
A motion that that portion of the Constitu
tion bo printed which contains material altera
tions from the Constitution as it has hereto
fore existed, oil account of altered relations of
tbe colored population, was agreed to.
When the section of tho Constitution rela
ting to “toleration” of religious opinion had
been read, Mr. Crawford, ot Green, said : I
move that the word “toleration be stricken
out and freedom inserted. * I think religion is
a matter between a persou's conscience and
bis God.” The motion was carried.
Mr. Hill moved further to amend the section
by inserting after the word property, the words
“ no religious test shall be required of
any person to enable him to held an office of
public trust ” Tho amendment was agreed
to.
After adopting that portion of the Constitu
tion relating to the rights of the State, the
Convention adjourned.
SATURDAT MORRIAG, OCTOBER 28.
Mr. Jenkins moved that the clause in the
declaration of rights in reference to the judi
cloub system which had been adopted by the
Convention be referred back to the Committee
of sixteen. The motion was carried.
The President—Heretofore I have suffered
the second and third reading of ordinances re
quired by tho lilies of this body, to be done
by tHles only. I would like for the Conven
tion to indicate its wish upon that course.
It was moved and carried that this be the
practice of the Con veil tior.
Mr. Jenkins off red the following resolution
which was adopted :
Resolved, That the Constitution that may
be adopted by this Convention, and all Ordi
nances aud Resolutions passed, shall be signed
by the President and Secretary of the Conven
tion, which shall be a sufficient authentication
thereof. No Ordinance already passed upon
one reading shall lack validy fort.hat reason.
Mr. Williams, of Muscogee : I offer the fol
lowing ordinance : *
JUDICIAL DEPARTMENT.
1. The judicial powers of this State shall
be vested in a Supreme Court for (he cor
rection of errors, a Miperior Court, County
Court, Ordinary and Justices'Courts, and in
such oilier courts as may be established by
law.
2d. The Supreme Court shall consist of
three judges, who shall be elected by the Leg
islature of the State, for such term of years as
shall be prescribed by law, and shall continue
iu office until their successors shall be elected
and qualified, removeable by the'Govemor on
the address-of two thirds of each branch of
the General Assembly, or by impeachment and
conviction thereon. The Legislature shall to
arrange the election of said judges that the
term of one of said judges shall expire at a
time, and shah elect his successor at such term
as they may direct prior to tho expiration of
his term.
3d. The said Supremo Court shall have no
original jurisdiction, but shill boa court alone
for the trial and correction errors in law
and equity, from the Superior Courts of the
several circuits, and shall sit at least twice a
year, at a time prescribed by law at the seat
of government of this .Slate, for tho trial and
determination of all writs of error friftn the
s -id several Superior Courts.
The said Supreme C-urt shall chspose
of and finally determine every case on the
docket of such Courts, at the first or second
term after such writ oT error brought, and in
eise the Plaintiff in error shall not l>e prepar
ed at the first terra of such Court, after error
brought, to prosecute the case unices precluded
by some Providential cause from such prosecu
tion, it shall be stricken from the docket, and
the judgment below shall stand affirmed
sth. The Judges of the Superior Courts
shall be elected by the qualified voters residing
in the circuits in which said Judges are to
serve for the term of four years, and shall con
tinue in cilice until their successors are elected
and qualified, removable by the Governor on
the address ot two thirds ot each branch of
the General Assembly or by impeachment
and conviction thereof.
6th. The Superior Court shall have excla
ve jurisdiction in all cases of divorce, both
total and partial, but. no total divorce shall be
granted except on the concurrent verdicts of
two special .juries. In each divorce case, tbe
Court shall regulate the righ's and disabilities
of the parties.
7th*. . The Superior Court shall have exclu_
sive jurisdiction in all cases lespecting titles
to land which sha i be tried iu the county
where the laud lies, aud also in all other civil
causes, except, such as may be within the ju
risdiction of the county aad Justices (Joints,
also iu all equity cases which [shall bo tiled
iu tho county where one or more of me de
fendants reside against whom substantial re
lief is prayed. • I
Bth. The Superior Court shall have appellate
j urisdietion in all such cases as may be provi
ded by law.
9th. It shall have power to correct errors in
inferior judicatories by writ of certeo rari, and
to grant uew trims iu tho Superior Court upon
proper and legal grounds.
10th. It shall have Dower to issue writs of
mandamus, prohibit! ns, sieri facias and other
writs which may bo for carrying its
powers fully into effect.'
11th. Incases of joint obligators, or joint
promissors or copaituers. or joint tresspasses
resicing in different comAies in this State tbe
suit may be brought in either county.
12th. In case of a maker and endorser or en
dorsers of promissory notes residing in dif
ferent counties in the State tbe same may be
sued in the county where the maker res’ ’es.
13th. The Superior Court shall have exclu
sive jurisdiction in all crimi-ial cases where
tbe otfeuso charged i she bill ot indictment is
capital, and also in all cases where the offense
charged is or may or shall be punishable iu
the Penitentiary for a term over two years
aDd in all cases which subjects the offenders to
the loss of life, limb or member, all which
criminal cases shall be frfed in the county
where the_ crime was committed, except in
cases where a jury cannot be obtained.
14tb. Tho Superior Court shall sit in each
oounty twice iu every year, at such staled
times as have been or may bo appointed by tho
General Assembly.
15th. The Judges of the Superior Courts
shall have salaries adi quato to their services
fixed by law, which shall not bo dimfiftshed
during their continuance in office, but shall
not receive any perquisite or emoluments
whatever from parties or others on account of
any duty required of them.
16th. There shall be a State’s Attorney and
Solicitors elected in the same manner as the
Judges of tho Superior Court, and be .commis
sioned by tho Governor, who shall hold their
offices for the term cf four years, or until their
successors shall be elected and qualified, un
-1 ess removed by sentence or impeachment, or
by the Governor on the ordeis of two-tLirds
of each branch- oi the General Assembly.
They shall have salaries adequate to their ser
vices,-fixed by law, which shall not be dimin
ished during tl>eir continuance iu office.
17th. There shall be organized by the Leg
islature a county Court iu and for each county,
in' which one Judge .shall preside, to be
elected by the qualified voters of each ccunty,
at Ruch time as the Legislature may direct, and
who shall be commissioned by the Governor,
and shall ho 1 his office fur the term ot
four years and until his successor is elected
and qualified. He shall receive a yearly sala
ry, to be paid to him out of the public funds
of the county in which lie presides, at such
time, aud iu such amount as the Legislature
may direct, by which may be raised in each
eouuty, according to the service which may be
required of him, shall also bo entitled to col
lect and receive such tax fee or cost as may
be directed by law, on judgments, criminal or
civil,.which may bs rendered in said Court, to
be collected as other costs iri said cases.
18th There shall in liko manner be elected
a County Solicitor for each county, wbo sha"
be commissioned by the Governor for the term
of four years, and until his successor is elected
and qualified. He shall diligently prosecute
for all offenders within tho jurisdiction of «aid
Court, and shall recoive such fees or posts in
each case as may bo directed by law.
20th. Tbe Solicitor shall make out, in writing,
an accusation, stating the offense charged, up
on which the defendant shall go to trial before
said judge, who shail hear the testiu ny for
aud against the accused, and shall render such
judgment as the facts and. the i-w require;
provided, that in all cases involving confine
ment in the penitentiary, or imprisonment in
the common jail of tho county for a term of
six months cr of imprisonment or labor at any
other place as may bo prescribed by law, for
a term longer than six months, or of a fine over
SSOO, the accused shall have, the right to bo
tried by a jury of twelve men, who may be
immediately empanneled by the court in such
manner, and under such rules and regulations
as may be prescribed by law.
21st. The OOUDty Court shall have jurisdic
tion of all civil cases arising between a white
person and a negro, but all contracts for the
performance of labor or the payment of money,
must be in writing, and signed by the party or
parties to be bound thereby ; the performance
or breach of such contract may be proved by
such competent oral testimony as may be di
rected by law. Said court shall have the
power to bind out orphan children under the
age of 21 years, and all other children whose
father is living ; if not, whose mother may
consent thereto
22d. The said Court shall hold its sessions
or terms at the Court llouso, at least once in
every month, andoftener it necessary. It Bhall
ba a Court of record. Shall exercise all the
powers of the Judge of 'he Superior Court in
all cases within its jurisdiction, and its judg
ments for the infliction of punishment, or for
the payment of money shall be enforced in
such way and manner as may be directed by
law. , _
23d. The powers of a Court of Ordinary and
of Probate, shall be vestedin an Ordinary for
each county from whose decisions, there may
be an appealto the Supeiior.C'ourt, under regul
ation prescribed by law. The Oidinary shall
bs ex-ofleto clerk of said Court, and may, ap
point a deputy .clerk The Ordinary as clerk, or
his deduty may issue citations and grant tem
porary letters of administration, to hold until
permanent letters are gianted, and said Or
dinary as clerk, or his deputy, may grant mar
riage licenses. Tho Ordinaries in and for tho
respective counties, shall be elected in tho
same manner os other county officers. He
shall hold his office for the term of four Ffars,
and ualii his succesror is elected and qualified,
and shall becommiesoned by the Governor.
In case of any vacancy of said office of Ordi
nary, from any cause, the same may be filled
by election, as is provided in relation to other
county offices, and until tho same is filled,
tho clerk of the Superior Court for the time
being shall act as clerk of said Court of Ordi
nary. The Legislature may make tho Ordina
ry eligible also to hold the office of Judge of
the county Court, in counties not having more
than one Representative in the Legislator.
24th. The Justices of the Peace shall be
elected in each district by the persons entitled
to vote for members of the General Assembly,
and shall have and exercise Euc-h power and
jurisdiction as may be conferred upon them by
.law.
2Jth. The civil business of the Inferior
Court together with the papers, dockets and
records in relation thereto shall be turned
over to the Superior. Court, and the county busi
ness together 1 with the | apew and records
pertainffio- thereto shall be turned over to tho
commissioners of roads, bridges and revenue,
and who shall be electa as other county offi -
cer and who shall hold their office for the
term of four tears, and who shall be authorized
to exercise all the powers and authority, now 1
vested in the Inferior Court in relation to
county matters. _ .
Mr. Warren of Pulaski offered a resolution
to the effect that tho Piesident ot this Con