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S's 00 PER ANNUM
PROPOSED CONSTIT BTIOX
fOR THE
BTA T E O F c r KOKGI A,
AS ADOPTED BY THE
Negro-Radical Convention-
PREAMBLE TO THE CONSTITUTION.
Me. the j>l #* of Georgia, in order to form
n permanent Government, establish Justice,
insure Domestic Tranquility, and secure the
blessings of Liberty to ourselves and our pos
terity. acknowledgin') arid invoking t!ic gui
dance of Almighty (} ml, the Author of all Good
Government. do ordain and establish this Con
stitution for the State of Georgia.
CONSTITUTION OF THE STATE OF
GEOJIG I A.
Article I. —Declaration of TVndamextai.
PRI VcjPLES.
Sec. 1. Protection to person and property
is the paramount duty of Government, and
shall be impartial and complete,
See. 11. All persons horn, or naturalized,
in the United .'states, and resident in this
.'state, arc hereby declared citizens of this
State, and no Jaws shall be made or enforced
vfiith shall abridge tin privileges or iniitaini
lies of citizens of the United States, or of this
State, or deny to any person within its juris
diction the equal protection of it- laws. And
it shall be the duty of the General Assembly,
*»y appropriate legislation, to protect every
person iu the due enjoyment of the rights,
privileges uml immunities guaranteed in this
Section.
Sec. 111. No person shall be deprived of
life, liberty or propert v, except hv due process
of Urn-. ~ ' ~
S«'c. J\ , There shall he within the State of
Georgia neither slavery nor involuntary servi
tude, save as a punishment for crime after le
gal conviction fhereofi
Sec. \ . The right of the people to appeal'
to tbt* Coorts, to petition tiovcrnincnt on all
matters, and peaeeahlv to assemble for the con
wirieration of any mutter ahull never Ite im
paired.
See. \ !. Perfect freedom »>r religious sen
timent shall he and the same is herein 7 secured
and no inhabitant of this State, shall ever he
molested in person or property or prohibited
.from holding any public office or trust on ac
count oldiis religious opinion ; hut the liberty
of conscience, hereby secured, shall not he so
construed as to excuse acts of licentiousness
or justify practices inconsistent with the. peace
or safety of the people. »
See. VII Every person charged with an of
fence against the laws, shall have the privi
lege and benefit of counsel, shall he furnished,
on demand, with a copy of the accusation and
si list of the witnesses on whose testimony the
charge against him is founded, shall have com
pulsory process to obtain the attendance of
his own witnesses, shall be confronted with
the witnesses testifying against him, and shall
)uivu a public and speedy trial by an impartial
jury.
See. \ 111. No person shall he put in jeop
ardy* ol life or liberty more than once fur ilje
same ollenee, save oil his or her own motion
for anew trial, after conviction, or iir case of
mistrial. i
* IX. Freqjp a of speech food freedom
or^n-press^,» political
or \ he
sha-ll he responsible Tor the aburif of the lib
erty. f
Se ( -. X. The righf of the lYot Ac to be so
cijre in their Persons, Houses, ■>papers and Ef
fects against unreasonable'searches and seiz
ures, s^j.ill not he violated; and no warrant
.shall issue Imt upon pVbhalde cause, support
ed liy oath or ailirmation. particularly descri
bing the place, or places, to he searched, and
the person, or tilings, to he seized.
See. XI. The social status of the citizen shall
never he the subject of legislation.
"iSkc. XII. No person shall he molested for
his opinions, or he subject, to any civil or
political incapacity, or acquire any civil or
political advantage in consequence of such
opinions.
Sec. XIU. The writ of habeas corj us shall
not lie suspended unless in case of rebellion
or invasion, the public safety may require it.
See. XIV. A well regulated Militiy being
necessary to the security of a free people, the
right of the people to keep and hear arms shall
not he inf inged ; Imt the General Assembly
shall have power to prescribe by law the man
ner in which arms may he borne.
See. XV. The punishment of all frauds shall
be provided by law.
See. \\ 1. Excessive bail shall not be re
quired, nor excessive tines imposed, nor cruel
and unusual punishments inflicted, nor shall
any person be übiised in being arrested, whilst
under arrest or in prison.
Sec. X\ II Tin' power of the Courts to pun
ish for contempt shall he limited by legislative
acts.
See. X\ 111. There shall be no imprisonment
for debt.
See. XIX. In all prosecutions or indict
ments for libel, the truth may be given in evi
dence, and the jury shall have the right to de
termine the law and the facts.
Sec. X.v. Private ways imo he granted up
on just compensation being pa u bv the appli
cant.
See. XXI. All penalties sJmii be proportion
ed to the nature of the offence.
See. XXII. Whipping as a punishment for
crime is prohibited.
See. XXII l. No Lottery shall be authorized,
or sale ot Lottery tickets allowed in this Stare,
and adequate penalties for such sale shall he
provided by law.
See. XXIV. No conviction shall work cor
ruption of blood, and no conviction of treason
shall work a general forfeiture of estate lon
ger than during the life of the person attain
ted.
Sen. XXV. Treason against the State of
Georgia shall consist only in levying war
against the State, or the United States, or ad
hering to the enemies thereof, giving them aid
and comfort; and no person shall he convicted
of treason except on the testimony of two wit
nesses to the same overt act, or his own con
fession in open Court.
See. XX\ 1. Laws shall have a general ope
ration, and no general law, affecting private
rights, shall be varied, in any particular ease,
by special legislation, except with the free
consent, in writing, of all persons to be af
fected thereby ; and no person under legal dis
ability to contract is capable of such free con
sent.
t>fc>ec. XXVII, The power of taxation over
the whole .State shall be exercised by the Gen
eral Assembly only to raise Revenue for the
support of Government, to pay the Public
Debt, to provide a General School Fund, for
Common Defense, and for Public Improve
ment ; and taxation on property shall be ad
r atoirm only, and uniform on all species of
property taxed.
Sec. XX\ 111. The General Assembly may
grant the power of lAsutioa tt Cou-.ty author
THE GEORGIA ENTERPRISE.
itics and Municipal corporations, to he exer
cised within their several territorial limits.
Sec. XXIX. No poll tax shall be levied ex
cept for educational purposes, and such tax
shall not exceed One Dollar anuuallv on each
poll.
Sec. XXX. Mechanics and laborers shall
have liens upon the property of their employ
ers for labor performed or material furnished,
and the Legislature shall provide for the sum
mary enforcement of the same.
XXXI. The I legislative, Executive and
Judicial Departments shall be distinct; and
each department shall be conhded to a sepa
rate body of Magistracy. No person or collec
tion of persons, being of one department, shall
exercise any power properly attached to either
of the others, except in cases herein expressly
provided.
Sec. XXXIF. acts in viola
tion of this Constitution, or the Constitution
of the United States, are void, and the Judici
ary shall so declare them.
See. XX XIII. The State of Georgia shall
ever remain a member of the American Uni o;
the people thereof are a part of the American
Nation; every citizen thereof owes paramount
allegiance to the Constitution and Govern
ment of tin 1 United States, and no law or <>r
dianco of this State, in contravention or sub
version thereof, shall ever have anv binding
force. A
ARTICLE IT.
FRANCHISE AND ELECTIONS.
See. I. Jn 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 lias legally declared
bis intention to become a citizen of tli'il'nited
States, twenty-one. years old. or upwiitTy who
shall hare resided in this State six months
next preceding the election, and shall have
resiiled thirty days in the county in which he
offers to vote, and shall have paid all taxes
1 which may have been required of him, and
which be may have had an opportunity of
paying, agreeably to law, for the year next
preceding the election, (except as hereinafter
provided,) shall be deemed an elector; and
every male citizen of the United States of the
ago aforesaid, (except as hereinafter provided,)
who may be a resident of the State at the time
of the adoption of (his Constitution, shall be
deemed an elector, and shall have all the rights
of an elector, as aforesaid ; Provided, that no
s .flier. sailor or marine, in the military or na
nil service of the United States, shall acquire
the rights of an elector by reason of being sta
tioned on diuy in this State; and no person
shall vote, who, if challenger], shall refuse to
take the following oath ; "I do swear that I
have not given, or received, nor do | expect to
give, or receive, any money, treat, < r other thing
"I - value, by which my vote, or any vote is af
fected, or expected to be affected, at this elec
tion, nor have I given. or promis 'd any reward,
or mad ■ any threat, by which to prevent anv
person from voting at. this election.”
Sec. 111. No person convicted of felony or
larceny before any court ..f this State, or of, or
in tlugl nitod States, shall be eligible to any
officeappointment of horiot;or trust within
tins Slate, unless lie shall have {peon nardoned.
Sec) 1\ . No person who is (the holder of
( nv nilhlie moneys shall be eligible to any of,
!i - is accented*
bil' I!*f ,'st(f filbi 1, . , vjHh
o‘ A l • N » person who, differ the adoption
of this i ’o.istittuioii, being a resident of tins
Star?,.-shat! engage in a duel in ibis Stare, or
clsowiVro. or shall send or accept a challenge,
or lie tiider or abettor to such duel, shall v~to
or bold office in this State ; and every such
pers ii shall, also, be subject to such punish
ment a> the law nitty prescribe.
Sec. VI. Ibe General Assembly may pro
vide, from time to time, for the registration „f
all electors, but the folloaing classes of persons
shall not be permitted to register, vote,-or hold
office: First—Those who shall have been con
victed of treason, embezzlement of public foods
malfeasance in office, crime punishable hv
law with imprisonment in the Penitentiary, or
bribery. Second - - Idiots or insane | ersons.
Sec. \ 11. Electors shad, in all cases except
treason, felony, or breach of the ponce, he priv
ileged Iron) arrest for five days before an elec
tion, during the election, and two days subse
quent thereto.
Sec. VIII, l'he sale of intoxicating liquors
on days of election is prohibited.
Sec. IX. Returns of election for all civil of
ficers elected by the people, who are to be
commissioned by the Governor, and also, for
the members of the General Ass« mbly shall
be made to the. Secretary of State, unless
otherwise provided by law.
Sec. X -The General Assembly shall enact
laws giving adequate protection to electors be
fore, during ar.d subsequent to elections
Sec. XL The election of Governor. Members
of f’ongres.-, and of the General
after the year 18bS, shall commence on the
Tuesday alter the first Monday in November,
unless otherwise provided hv law.
AimC L E 111.—L EG lS L A TIV fi.
Section I.
I. The Legislative Power shall be vested in
a General Assembly, which shall consist of a
Seriate aid House of Representatives, and un
til nth* revise directed, the members Deroiff.
after the first election, shall be elected, and the
returns ot the election made as now prescribed
by law.
11. The members of the Senate shall be
elected for four years, except that the members
elected at liso first election from the twenty
two Senatorial Districts numbered in this
Constitution with odd numbers, shall only hold
their >ffiee for two years. The members of the
House of Representatives shall be elected for
two years. The election lor members of the
General Ass* mbly shall begin on Tuesday af
ter the first Monday in NoveiftVr* of every
second year, except the first election, which
shall he within sixty days after the adjourn
ment of this Convention ; but the General
Assembly may by law change the time of elec
tion. and the members shall hold until their
successors are elected and qualified.
111. The first meeting of the General As
sc mbly shall be within ninety days alter the
adjournment of this Convention, after which
it shall meet annually »n the second Wednes
day in January or on such oilier day as the
General Assembly may prescribe. A mujo ity
ot each 11 use shall constitute a quorum to
transact business; bur a smaller number may
adjourn from day to day and compel the pres
ence of its absent members as each House may
provide. Xo session of (be General Assembly,
after ttie scC'-nd under tins Constitution, shall
continue i tiger than forty days, unless prolong
ed by vote ot two-tl irds of each branch
thereof.
IV. X • person holding a Military Commis
sion. or otter appointment of office, having any
cm lumei t or compensation annexed thereto,
under : State or the United States, r either
ot them, (’ wept Justice* of the Peace and offi
cers of me Militia, nor any defaulter Tor public
money, or t r ary legal taxes required of him.
COVINGTON.. GA., MARCH 20868.
shall have a seat in either House : nor shall any
Senator or Representative, after Ids qualifica
tion a- such, he elected bv the General Assem
bly or appointed by the Governor, either with
or without the advice and consent of the-Sen
: ate. to anv office or arm ointment, having any
emolument annexed thereto, during the time
for which he shall have been elected.
V. The seat of a member of either Tlou«e
shall be vacated on bis removal from the Ibs
| triet from which be was elected.
Section 11.
! T. There «ba’l be F->r*y Four Senatorial
Districts in this State, composed, each, of three
' contiguous Counties, from each of which Dis
tricts one Senator shall be chosen. Until oth
erwise arranged, ns hereinafter provided, the
i said Districts shall be constituted as follows:
1-t District of Chatham. Bryan and Effingham.
2d District of Liberty, Tatnall and Mclntosh,
fkl District of Wayne, Bierce and Appling.
4th District of Glynn, Camden and Charlton.
•nth District of Coffee, Ware and Clinch,
fit h District of Echols, Lowndes and Berrien.
Till District of Brooks, Thomas and Colquitt,
f'th Dish, of Bccai.Hr, Mitchell and Miller.
Hth Dist.., of Early, Calhoun and Baker.
10ih Dist.. of Dougherty. Lee and Worth.
11 tli Dist.. of Clay, Randolph and Terrell.
12th Dist., of Stewart. Webster and Quitman,
lath Dist., of Sumter. Schley and Macon.
1 tth Dist , or Dooly, Wilcox and Pulaski.
55th Dist-, of Montgomery, Telfair and Irwin.
IF.th Dist., of Laurens, Johnson and Emanuel.
17th Dist., of Builock, Striven and Burke.
Dth Dist., of Richmond, Glascock and Jefferson.
10th Dist., of Taliaferro, Warren and Greene,
ghili Dist.. of Baldwin, Hancock and Washington.
21st Dist., of Twiggs, Wilkinson and Jones.
22d Dist., of Bibb, Monroe and Pike.
god Dist., of Houston, Crawford and Taylor.
24th Di-t., Marion, Ghattuhooeheeand Muscogee.
25th Di-t., of Harris, Upson and Talbot
20th Dist., of Spalding. Butts and Fayette.
27ih Dist., of Newton. Walton and Clarke.
28th Dist., of Jasper. Putnam and Morgan.
29th Dist., of Wilkes, Lincoln and Columbia.
20th Dist., Oglethorpe, Madison aM^'jJbert.
21 st Dist., of Hart, Franklin and .sham.
22d Dist., of White, Lumpkin and Dawson.
22d Dist., of Hall. Banks and Jackson.
2fth Dist., of Gwinnett. DeKalh and Henry.
25th Di-t., of Clayton, Fulton and Cobb.
26rh Dist , of Meriwether, Coweta and Campbell.
87rli Dist., of Troup, Heard and Carroll.
88th Dist., of Haralson, Polk and Paulding.
BDili Dist., of Cherokee, Milton and Forsyth.
40th Dist., of Union, Towns and Rabun.
4!st Di-t., of Fannin. Gilmer ami Pickens.
42d Dist., of Bartow, Floyd and Chattooga.
48d Dist., of Murray, Whitfield and Gordon.
44th Hist., 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 Senatorial Districts may be
changed by the General Assembly, but only
tit the first session after the publication of
each census by the United States Government,
and their number shall not be increased.
If. 'The Senators shall be citizens of the
United States, who have attained the age of
twenty live years, and who, after the first
election under this Constitution, shall have
been citizens of this State for two years, and
for one year resident of the District from
which elected. /
1 ii. The presiding officer of the Senate shall
he styled the President of the Senate, and shall
Ito elected, ricn voce, from the Senators.
IV. The Senate shall have the sole power
to try impeachments. When sitting for that
> oppose, jthe metnhcrSjShall be on oath orjaf-.,
iba.iatioi.w _, Cgsided oyhr lr£
id’ thei'TtCtwl&f - I*, s" spfcTiv
Y’ I '. ? Td' clccti* Mi
•Vt V ay _ ~,: Jj
the oon- .vj "i;eo of two bni -is of the ryctuber
present, b'hdgments in eases of impeachment
shall not extend • further than removal from
office and disqualification to hold and enjob
any office of honor, trust or-profit within tins
State; hut the party convicted shall, never
theless. he liable and subject to indictment,
trial, judgment and punishment according to
law.
Section 111.
T. The House of Representatives shall con
sist ol* one hundred and seventy-live Represent
tatives, apjiortionod as follows: To the six
largest counties, to-wit: Chatham, Richmond,
Fulton. Hibh. Houston and Burke, threw Rep
resentatives each ; to the thirty-one next
largest, to wit: Bartow, Columbia, Cobh, Cov.
eta. Clarke, Decatur, Dougherty, Floyd, Gwin
nett, Greene, Hancock, Harris, Jefferson, Lee,
Muscogee, Monroe, Meriwether, Morgan,
Macon, Newton, Oglethorpe, Pulaski, Rad*
dolph. Sumler, Stewart, Troup, Thomas, Ta’•
hot, Washington, Wilkqs and Warren, two
Representatives each ; and to the remaining
ninety-five counties, one Representative each.
11. The above apportionment may be chang
ed by the General Assembly after each census
by the United States Government, but in no
event shall the aggregate number of the Rep
resentatives be increased.
111. 'Thy Representatives shall be citizens
of the United States who have aPa.iiJM>thc age
of twenty-one years, and who, after 7he first
election under this Constitution, shall have
been citizens of this State for one year, and
for six months resident of the counties from
which elected.
IV. The presiding officer of the House of
Representatives shall be styled the Speaker
of the House of Representatives, and shall be
elected viva voce fiom the body.
Y. The House of Representatives shall have
tin' sole power to impeach all persons who
shall have been or may Tie in office.
VI. AI bills for raising revenue, or appro
priating money, shall originate in the House of
Representatives, but the Senate may propose
or concur in amendments as in other bills.
Section IV.
I. Each House shall be the judge of the
election, returns, and qualifications of its
members, and shall have power to punish them
for disorderly behavior, or misconduct by cen
sure. fine, imprisonment, or expulsion; but
no member shall be expelled, except by a vote
of two-thirds of the House from which he is
expelled.
11. 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 in its
presence, or who. during the session, shall
threaten injury to the person, or estate of any
member for anything said, or done, in either
House, or who shall assault any member go
ing to. or returning therefrom, or who shall
rescue, or attempt to rescue, any person arrest
ed by order of either House,
11L The members of both Houses shall be
free- from arrest during their attendance on
the General Assembly, and in going to, or re
turning therefro"', except for treason, felony,
larceny, or breach of the peace ; and no mem
ber 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 immediately after
its adjournment. The yeas and nays of the
members on any questic-n shall, at the desire
of one fifth of the members present, be entered
on the Journal. The original Journal shall
be preserved, after publication, in the office of
the Secretary of State, but there shall be no
other record thereof, i
V. Every hill before it shall pass shall be
| road three times and on three separate dtws
| in each lion.-* unlcs- in eases of actual inva
jsion or insurrection. Nor shall any law. or
j ordinance pass, which refers to more than
| one subject-matter, or contains matter different
I from what is expressed in the title thereof.
| AI. All acts shall be signed by the Presi
dent of the Senate anl the Speaker of the
j House of Representatives; and no bill, ordi
nance. or resolution, intended to have the es-
J feet of a law. which shall have been rejected
j by either House, shall be again proposed du
j ring the same session, under the same, or any
J other tide, without the consent of two-thirds
of h-' House l.y which the same was rejected.
\ IL Neither House shall adjourn for more
than three days, nor to any other place, with
out the consent of the other; and in ease of
disagreement Between the two Houses on n
qu 'stion of adjournment, the Governor may
adjourn either or both of them.
VII r. The officers of the two Houses, other
than the President and Speaker, shall he a
Secretary of the Si nuto, and Clerk of the
House, and an Assistant for each : a Journal
izing Clerk, two Engrossing and two Enroll
ing Clerks for each House, and the number
shall not be increased except by a vote of the
House. And their pay, as well as the pay
arid mileage of the members, shall he iixed bv
law.
IX. Whenever the Constitution requires a
vote of two-thirds of either or both Houses for
the passing of an act or resolution, the yeas
and nays on the passage thereof shall be enter
ed on the Journal, and all votes on confirma
tions, or refusals to confirm nominations to
office by the Governor, shall be by yeas and
nays, and the yeas and nays shall he recorded
on the Journal.
X. Every Senator or Representative, before
taking bis seat shall take an oath, or affirma
tion, to support the Constitution of the United
States, and of this State ; that he has not
practiced any unlawful means, directly or in
directly, to procure his election, and that he
lias not given, or offered, or promised, or caus
ed to be given, or offered, or promised, to any
person, any money, treat, or tiling of value,
with intent to affect any vote, or to prevent
any person voting at the election at which lie
was elected.
Section V.
I. The General Assembly shall have power
to make all laws and ordinances, consistent
with the Constitution, and not repugnant to
the Constitution of tlie United States, which
they shall deem necessary and proper for the
welfare of the State.
11. The General Assembly may alter tlie
boundaries of, or lay off and establish now
or abolish Counties, attaching the
territory thereof to contiguous Counties, but
no new County shall be established except by
,a vote of two-thirds of each House ; nor shall
any Conntv be abolished except by a vote of
ttwo-thirds of each House, and after the quali
i fil'd voters of the County shall, at an election
held for the purpose, so decide.
Section A'l.
■ I. No money shall be drawn from the Treas
ury except by appropriation made by law,
and a regular Statement and account of the
| : r?ceipt and expenditure of all public money,
he )v.BJ:.shct). firm time vtime. eml.j
I y>, 4aCs ]uis'> and by eaci'j ’session of
t j~7 '*■ i’nc Assembly,
p t 4. No vote, resolution, law, or order, shall
pass., granting a donation, or gratuity, in fa
vor of any per-ott, except by tlie concurrence
of two-thmis of each branch of the General
Assembly, nor, by any vote, to a sectarian
corporation, or association.
HI. No law or section of the Code shall bo
•mended or repealed by mere reference to its
Rile, or to the number of the section in tlie
- i’do, but the amending or repealing act shall
'istinctly and fully describe the law to be
emended or repealed, a*well as the alteration
“Vi'n made; but this clause shall he construed
■ directory, only to tlie General Assembly.
No law shall be .passed by which a
n shall he compelled against his consent,
d.roctly or indirectly, to become a stockholder
i’ or contribute to any railroad or work of
]ff'ilie improvement, except in the case of the
in' abitants of a corporate town or city. In
sit Ji cases, the General Assembly may permit
th corporate 'authorities to take such stock,
or juake such contribution or engage in such
wojk, after a majority of the qualified voters
of .'itch town or city, voting at an election
held for the purpose, shall have voted in favor
of thoracic : but not otherwise.
\i The General Assembly shall have no
power to grant corporate powers and privileg
es t<yprivate companies, except to Banking,
Insurance, Railroad, Canal, Navigation, Min
ing, Express, Lumber, Manufacturing 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, bv law, the
manner in which such powers shall be exer
cised by the Courts. But no charter for any
Bank -hall be granted, or extended, and no
act -y authorizing the suspension of specie
any Bank, except bv a vote of
two-thirds of the General Assembly. The
Genera' Assembly shall pass no law making
the >St;v* a stockholder in any corporate com
pany ; nor shall the credit of the State be
granted or loaned, to aid any company with
out a p; -Cion that the whole property of the
Company shall lie bound for the security of
tl* f-St g --.-dor -to any other debt, or lien, ex
cept to Laborers: nor to any Company in
which there is not, already, an equal amount
invested by private persons: nor for any other
object than a work of public improvement.
Xo provision in this Constitution for a two
thirds vote of both Houses of the General As
sembly. '.h-d-i be construed to waive the neces
sity for the*.signature of the Governor, as in
any other case, except in the case of the two
thirds vote required to override the veto.
ARTICLE IY.—EXECUTIVE.
Section I.
I. The Executive power shall be vested in
a Governor, wl o shall bold bis office during the
term of foil'""years, and until such time as a
successor shall be chosen and qualified. He
shall have r competent salary established by
law which shall not be increased or diminished,
during the oeriod for which he shall have been
elected; nor shall he receive, within that peri
od. arty oßitr emolument from the United
States, or either of them., or from any foreign
power. ■
11. After The first election, the Governor
shall he e!ec’.'*;j,quadrennially, by the persons
qualified to vi te for members of the General
Assembly, on the Tuesday after tlie first Mon
day in Novetn cr. until such time be altered by
law, which eiecti m shall be held at the places
of bolding ge: <-ral elejtions in the several
Coutfties of in the same manner as is
prescribed torjl/le election of members of the
General Asset.;' ’y. The returns for every
election of Gov - rtcr, after the first, shall be
sealed up by t t Managers, separately from
O'-htr returns, nr .! directed to the President of
| the Senate and Speaker of the House of Rep
j resen tatives, and transmitted to Ilis Excellen
j cy. the Governor, or the person exercising the
| duties of Governor for the time being, who
! -hall, without opening the said returns, cause
the same to be laid before the Senate, on the
day after the two Houses shall have been or
ganized : and they shall he transmitted by the
Senate to the House of Representatives. The
Members of each branch of the General As>-
sembly shall convene in the Representative
Hall, and the President of the Senate and the
Speaker of the House of Representatives jhall
open and publish the returns in the presence
of the General Assembly ; and the person bat*
ing the majority of the whole number of votes
given shall he declared duly elected Governor
ql this State ; but if no person have such ma
jority. then from the two persons having the
highest number of votes, who sliali Be in life,
and shall not decline an election at the time
appointed for the Legislature to elect, the Gen
eral Assembly sliali immediate elect a Gov
ern'',]- viva voce; and in till cases* of elect ion of
a Governor by the General Assembly, a major
ity of the votes of the members present, shall
be necessary for a choice. Contested elections
shall be determined by both Houses of the
General Assembly, in such manner as shall be
prescribed by law.
ML No person shall bo eligible to the office
of Governor who shall not have been a citizen
of the l 11 ited States fifteen years, and a citizen
of this State six years, and who shall not have
attained the age of thirty years.
1A . In case of the death, resignation or dis
ability of the Governor, the President of the
Senate shall exercise the Executive powers of
the Government until such disability be re
moved or a successor is elected and qualified.
And in ease of the death, resignation or disa
bility of the President, of the Senate, the
Speaker of the House of Representatives shall
exercise the Jvxecutive powers of the Govern
ment until >('tnoval of the disabil.t v or the
election and qualification of a Governor. The
General Assembly shall have power to provide
by law for filling unexpired terms by a special
election.
A . Jhe Governor shall, before he enters on
the duties of his office, take the following oath
or affirmation : ,- I do solemnly swear (or affirm,
as the case may he,) that I will faithfully exe
cute the office of Governor of the State of
Georgia, and will, to the best of my abilities,
preserve, protect and defend the Constitution
thereof, and the Constitution of the United
States of America.”
Section IT.
I. The Governor shall he Commandcr-in-
Chief of the. Army and Navy of this State and
of the Militia thereof,
11. lie shall have power to grant reprieves
and pardons, to commute penalties, and to remit
any part of a sentence for offences against the
State, except in eases of impeachment.
111. He sliali issue writs of election to fill all
vacancies that happen in the Senate, or House
..f Representatives, and shall have power to
convoke. the General Assembly on extraordina
ry occasions, and shall give them, from time to
time, information of the state cf the Common
wealth, and recommend to their consideration
suclt measures as he may deem necessary and
expedient. >
IAT AV'henNgny office shall, become vacant by
death, resignation, or otherwise, the Governor
shall have power to fill such vacancy, unless
otherwise prmided by law; and ’ persons
soappointed shall continue in office until a suc
cessor is appointed agreeably to the mode
ponited out by this Constitution, or by law, in
pursuance thereof.
V. A person once rejected by the Senate
shall not be re appointed by the Governor to
the same office during the same session, or the
recess thereafter.
A I. The Governor shall have the revision of
all bills, passed by both Houses, before the
same shall become laws, but two-thirds iff each
House may pass a law, notwithstanding ins
dissent, and if any bill should not be returned
by the Governor within five days (Sundays ex
ccpted) lifter it has been presented to him, the
same shall be a law, unless the General Assem
bly, by their adjournment, shall prevent its
return. He may approve any appropriation
and disapprove any other appropriation in the
same bill, and the latter shall not be effectual,
unless passed by two-thirds of each House.
A 11. Every vote, resolution, or order, to
which the concurrence of both Houses may he
necessary, except on a question of election, or
adjournment, shall be presented to the Gover
nor, and before it shall Hike effect be approved
by him or being disapproved, shall be re pass
ed by two-thirds of each House, according to
the rules and Citations prescribed in ease of
a bill, TD
A'lll. There shall be a Secretary of State,
a Comptrol er General, a Treasurer and Sur
veyor General elected by the General Assembly,
and they shall hold their offices for the like
period as the Governor and shall have a com
petent salary, which shall not be increased, or
diminished, during the period for which they
shall have been elected. The General Assem
bly may, at any time, consolidate any two of
these offices and require all the duties to be
discharged by one officer.
IX. Ihe Great Seal of the Stare shall be de
posited in the office of the Secretary of State,
and shall not he affixed to nny instrument of
writing but bv order of the Governor, or Gen
eral Assembly; and that now in use shall be
the Great Seal of the State until otherwise pro
vided by law.
X. The Governor shall have power to ap
point his own Secretaries, not ex£*eding two
in number, unless more shall beTwlthorized by
the General Assmbly.
ARTICLE V—JUDICIARY.
Section I,
I. The Judicial powers of this State shall be vest
ed in a Supreme Court, Superior Courts, Courts of
Ordinary, Justices of the Peace, Commissioned No
taries Public, and such other Courts as have been
or may be established by law.
Section 11.
I. The Supreme Court shall consist of three
Judges, two of whom shall constitute a quorum.
When a majority of the Jndges are disqualified from
deciding any ease, by interest or otherwise, the Gov
ernor shall designate certain Judges of the Superior
Courts 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 years,
one for eight years, and one for twelve years ; but
all subsequent appointments, except to*fill unex
pited terms, shall be forthe term of twelve years.
11. The Supreme Court shall have no original ju
risdiction, but shall be a Court alone for the trial
and correction of errors from the Superior Courts,
and from the City Courts of and Augusta,
and such other like Courts as may be hereafter es
tablished in other cities ; and shall sit at the seat of
Government at such times iu each year as shall be
prescribed by law, for the trial and'determination
of writs of error from said Superior and City Courts.
The days on which the cases from the several Cir
cuits or City Courts shall be taken up by the Court,
shall be fixed by law.
111. The Supreme Court shall dispose of every
case at the lirot or second term after such writ of
error is brought; and in case the plaintiff in error
shall not be prepared at the tir3t term to prosecute
the case, unless prevented by Providential cause, it
shall be stricken from the docket, and the judgment
below shall stand affirmed. In any case, the Court
YOL. 3. NO.. 19
may, in its discretion, withhold its- judgment until'
; the next term alter thesnine is argued.
IN . A\ lien only two Judges sit itr any ease, and
they disagree, the judgment below sliali stnuci af
j tinned.
Section III:
! I- 1 here shall he a Judge of t lie Superior Court.*-
j for each Judicial Circuit, lie may act in other
Circuits when authorized by law. At the first ap
pointment of such Judges under this Constitution,,
one half of the numbers (as near as mav be) shall!
be appointed for four years, and the other half for
eight years ; but all subsequent appointments, ex
cept to fill unexpired terms, sliali be for the termi
of eight years.
.U; rile t-uperior Courts shall have exclusive ju»-
risdietion in eases of divorce; in criminal eases,.
here the offender issuhject-od to loss of life or con
finement in the Penitentiary; in eases respecting
titles to land and equity eases, except as hereinafter
provided; hut tlie General Assembly shall have
power to merge tlie Common Law arid Equity Ju
risdiction of said Courts. Said Courts shall 'have
jurisdiction iu all other civil eases, except as here
inafter provided. I hey shall have appellate juris
diction in all sm li eases as may he provided hy law.
1 hey shall have power to correct errors in Inferior
Judicatories, by writ of certiorari, which shall onJv
issue on the sanction ol the Judex*: a»(f to issue
writs ol mandamus, prohibition, scire facias, and'
all other vvr*ts that may be neeessarv for carrying
their powers fully into effect, and shall have such'
other powers as shall lie conferred on them hy law.
HI. 1 here shall be no appeal from one jury in:
the Superior Courts to another ; but the Court'may
grant new trials oh legal grounds. Tlie Court shaft'
render judgment without the verdict of a jury in all'
civil eases, founded on contract, where an issuable
defense is not filed on oath.
IV. The Superior Courts shall sit in eaeli County
not less than twice in each year; at such times as
have been, or may l»o, appointed by law.
Section IV.
I. Until the General Assembly shall other
wise direct, there shall be a District Judge
and a District Attorney for each. Senatorial:
District in this State.
. RR Hie District Judge shall have jurisdic—
tion to-hear and determine all offences- not
punishable with death or imprisonment in the
-1 enitentiary; and it shall he the dutv of the*
District Attorney to represent the State in alii
cases before the District Judge.
111. The District Judge shall sit at stated'
tunes, not less than once in each month in>
each County in his District for the trial of of
fences, and at such other times as tlie General
Assembly may direct.
IV. Offences shall he tried before the Di's
trict Judge on a written accusation founded
on affidavit : said accusation shall plainly sett
forth the offence charged, and shall contain
the name of the accuser, and be signed by the
District Attorney.. -
• shall be no jury trial before the
District Judge except when demanded by the
accused, m which case the jury shall consist
of seven.
A L Sucli civil jurisdiction may he confer
red on the District Judges as the General As
sembly may direct. ■
, W /I' I'® 1 '® IhsL'ict Judges and' Attorneys
shall hold their offices for a period of four
years and shall receive for their services such
stated compensation, in their respective Dis
tricts, as may he provided l.y law, hut in no
event shall their compensation, be in anywise
dependent on tines, forfeitures, or costs.
Section V.
i I' T , Ue ,l',°' vcrs °f a Court of Ordinary and ot Pr®r
bate shall he vested in an Ordiuv rfor'each County,
from whose,decisions there imi.V «„ so .
Wlipeiioi Uowtf under rcgultus * ' ' prescribed
taw. W-M* ■* J
11. Tlie Courts of Ordinary shall hare sucli pow
el? in relation to roads, bridges, ferries, public
buddings, paupers, County officers, County fluids
and taxes, and other matters, as shall be conferred
on them by law.
111. The Ordinary shall hold his office forthe term
ot tour years, aixl until his successor U elected and
qualified.
Section AT.
L There shall be in each District one Justice of
the I cace, whose official term, except when elected
to lill an unexpired term,,shall be lour years
11. The Justices of the Peace shall have jiurisdic*
t ton, except as hereinafter provided, in all-civil cases
where the principal sum claimed does not exceed
one hundred dollars, and may sit at any time for
the trial ol such eases; but in eases where the sum
claimed is more than fifty dollars, there may he an
appeal to the Superior Court, under such regulations
its may be prescribed by law,
111. '1 here shall he no appeal to a fury from
the decision of a Justice of the Fcac© except
ns provided in the foregoing paragraph.
1A .. Notaries Public may be appointed! and
commissioned bv the Governor, not to exceed
one for each Militia District, for a term of four
years, and shall he cx officio Just ices of the
Peace.
Section ATI.
I. There e-hall lie an Attorney General of the
State, whose official term, except when ap.
pointed to fill an tmexpired term, shall he four
years,
11. It shall he the duty of the Attorney Gen
eral to act as the legal adviser of the Executive
Department, to represent the State in all civil
and criminal cases in the Supreme and Supe
rior Courts, when required bv the Governor,
and to perform such other services as shall be
required of him by law.
* Section VIIL
I. There shall be a Solicitor General for each
Judicial Circuit, whose official term, except
when appointed to fill an on expired term shall
be four years.
11. It shall be the duty of the Solicitor Gen
eral to represent the State in till cases in the
Superior Court of his Circuit, and in all cases
taken up from his 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 tlie Su
perior Courts, the Attorney General, Solicitor
General and the District Judges, and Attor
neys sliali be appointed by the Governor, with
the advice and consent of the Senate, and
shall be 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 the Peace shall be elected by
the legal voters in their respective Districts,
and shall be commissioned by the Governor.
They shall be removable on conviction for
malpractice in office.
Section X.
I. 1 lie Judges of the Supreme and Superior
Courts, ar.d the Attorney and Solicitors Gener
al shall have, out of the State Treasury, ade
quate and honorable salaries, on tlie specie ba
sis, which shall not be increased or diminished
during their continuance in office. The Dis
trict Judges and District Attorneys shall re
ceive, out of the Treasuries of the several
Counties of their Districts, adequate compen
sation, on the specie basis, which shall not bo
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 compen
sation of the District Judges and Attorneys
between the Counties composing their Dis
tricts, and shall require the moneys arising
from tines and forfeitures in the District Courts
to be paid into the Treasuries thereof;
