1868.
THE OLD AND THE NEW
CONSTITUTION
with
SUPPLEMENTAL MATTER.
1877.
ATLANTA, GEORGIA:
JAS. P. HARRISON & CO., PUBLISHERS AND PRINTERS.
1877.
CONSTITUTION
OF THE
STATE OF GEORGIA—1877.
Resolution.
Resolved, That the Chairman of the Printing Committee
contract with the Public Printer to furnish ten thousand
copies of the Constitution.
Jas. P. Harrison, Pubic Printer, will print ten thousand
copies of the Constitution.
D. B. Harrell,
Chairman Printing Committee.
CONSTITUTION.
BILL OF RIGHTS.
Preamble.
To perpetuate the principles of free government, insure
justice to all, preserve peace, promote the interest and
happiness of the citizen, and transmit to posterity the en¬
joyment of liberty, we, the people of Georgia, relying upon
the protection and guidance of Almighty God, do ordain
and establish this Constitution :
ARTICLE I.
Section I.
Paragraph I. All government, of Jright, originates with
the people, is founded upon their will only, and is insti¬
tuted solely for the good of the whole. Public officers
are the trustees and servants of the people, and, at all times,
amenable to them.
Par. II. Protection to person and property is the para¬
mount duty of government, and shall be impartial and
complete.
Par. III. No person shall be deprived of life, liberty, or
property, except by due process of law.
Par. IV. No person shall be deprived of the right to
prosecute or defend his own cause in any of the courts of
this State, in person, by attorney, or both.
Par. V. Every person charged with an offense against
the laws of this State shall have the privilege and benefit of
counsel; shall be furnished, on demand, with a copy of
the accusation and a list of the witnesses on whose testi¬
mony the charge against him is founded; shall have
compulsory process to obtain the testimony of his own
4
constitution.
witnesses; shall be confronted with the witnesses testifying
against him, afid; shall have a public and speedy trial by
an impartial jury.
Par. VI. No person shall be compelled to give testimony
tending in any manner to criminate himself.
Par. VII. Neither banishment beyond the limits of the
State, nor whipping, as a punishment for crime, shall be
allowed.
Par. VIII. No person shall be put in jeopardy of life, or
liberty, more than once for the same offense, save on his,
or her, own motion for a new trial after conviction, or in
case of mistrial.
Par. IX. Excessive bail shall not be required, nor excess¬
ive fines imposed, nor cruel and unusual punishments in¬
flicted ; nor shall any person be abused in being arrested,
while under arrest, or in prison.
Par. X. No person shall be compelled to pay costs,
except after conviction on final trial.
Par. XI. The writ of Habeas Corpus shall not be sus¬
pended.
Par. XII. All men have the natural and inalienable right
to worship God, each according to the dictates of his own
conscience, and no human authority should, in any case,
control or interfere with such right of conscience.
Par. XIII. No inhabitant of this State shall be molested
in person or property, or prohibited from holding any public
office, or trust, on account of his religious opinions ; but the
right of liberty of conscience shall not be so construed as to
excuse acts of licentiousness, or justify practices inconsist¬
ent with the the peace and safety of the State.
Par. XIV. No money shall ever be taken from the
public treasury, directly or indirectly, in aid of any church,
sect, or denomination of religionists, or of any sectarian
institution.
Par. XV. No law shall ever be passed to curtail, or
restrain, the liberty of speech, or of the press; any person
CONSTITUTION.
5
may speak, write, and publish his sentiments, on all sub¬
jects, being responsible for the abuse of that liberty.
Par. XVI. The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable;
searches and seizures, shall not be violated; and no war¬
rant shall issue except upon probable cause, supported by
oath, or affirmation, particularly describing the place, or
places, to be searched, and the person or things to be
seized.
Par. XVII. There shall be within the State of Georgia
neither slavery nor involuntary servitude, save as a pun¬
ishment for crime after legal conviction thereof.
Par. XVIII. The social status of the citizen shall never
be the subject of legislation.
Par. XIX. The civil authority shall be superior to the
military, and no soldier shall, in time of peace, be quartered
in any house, without the consent of the owner, nor in
time of war, except by the civil magistrate, in such man¬
ner as may be provided by law.
Par. XX. The power of the courts to punish for con¬
tempt, shall be limited by legislative acts.
Par. XXI. There shall be no imprisonment for debt.
Par. XXII. The right of the people to keep and bear
arms, shall not be infringed, but the General Assembly-
shall have the power to prescribe the manner in which arms
may be borne.
Par. XXIII. The legislative, judicial and executive pow¬
ers shall forever remain separate and distinct, and no per¬
son discharging the duties of one, shall, at the same time,
exercise the functions of either of the others, except as
herein provided.
Par. XXIV. The people have the right to assemble
peaceably for their common good, and to apply to those
vested with the powers of government, for redress of griev¬
ances, by petition or remonstrance.
Par. XXV. All citizens of the United States, resident
6
constitution.
in this State, are hereby declared citizens of this State; and
it shall be the duty of the General Assembly to enact
such laws as will protect them in the full enjoyment of
the rights, privileges and immunities due to such citizen¬
ship.
Section II.
Paragraph I. In all prosecutions or indictments for libel
the truth may be given in evidence; and the jury in all
criminal cases, shall be the judges of the law and the facts.
The power of the Judges to grant new trials in cases of
conviction, is preserved.
Par. II. Treason against the State of Georgia, shall con¬
sist in levying war against her; adhering to her enemies;
giving them aid and comfort. No person shall be convicted
of treason, except on the testimony of two witnesses to the
same overt act, or confession in open court.
Par. III. No conviction shall work corruption of blood,
or forfeiture of estate.
Par. IV. All lotteries, and the sale of lottery tickets, are
hereby prohibited ; and this prohibition shall be enforced
by penal laws.
Par. V. Lobbying is declared to be a crime, and the Gen¬
eral Assembly shall enforce this provision by suitable pen¬
alties.
Par. VI. The General Assembly shall have the power to
provide for the punishment of fraud; and shall provide, by
law, for reaching property of the debtor concealed from the
creditor
Section III.
Paragraph I. In cases of necessity, private ways may be
granted upon just compensation being first paid by the ap¬
plicant. Private property shall not be taken, or damaged,
for public purposes, without just and adequate compensa¬
tion being first paid.
Par. IL No bill of attainder, ex post facto law, retroactive
CONSTITUTION.
7
law, or law impairing the obligation of contracts, or mak¬
ing irrevocable grants of special: privileges or immunities,
shall be passed.
Par. III. No grant of special privileges or immunities
shall be revoked, except in such manner as to work no in¬
justice to the corporators or creditors of the incorporation.
Section IV.
Paragraph I. Laws of a general nature shall have uni¬
form operation throughout the State, and no special law
shall be enacted in any case for which provision has been
made by an existing general law. No general law affecting
private rights, shall be varied in any particular case, by
special legislation, except with the free consent, in writing,
of all persons to be affected thereby; and no person under
legal disability to contract, Is capable of such consent.
Par. II. Legislative acts in violation of this Constitu¬
tion, or the Constitution of the United States, are void,
and the Judiciary shall so declare them.
Section V.
Paragraph I. The people of this State have the inhe¬
rent, sole and exclusive right of regulating their internal
government, and the police thereof, and of altering and
abolishing their Constitution whenever it may be necessary
to their safety and happiness.
Par. II. The enumeration of rights herein contained as
a part of this Constitution, shall not be construed to deny
to the people any inherent rights they may have hitherto
enjoyed.
constitution.
ARTICLE II.
Elective Franchise.
Section I.
Paragraph I. In all elections by the people, the electors
shall vote by ballot.
Par. II. Every male citizen of the United States, (except
as hereinafter provided) twenty-one years of age, who shall
have resided in this State one year next preceding the elec¬
tion, and shall have resided six months in the county in
which he offers to vote, and shall have paid all taxes which
may hereafter be required of him, and which he may have
had an opportuity of paying, agreeably to law, except for
the year of the election, shall be deemed an elector : Pto-
vided, that no soldier, sailor or marine in the military or
naval service of the United States, shall acquire the rights
of an elector, by reason of being stationed on duty in this
State ; and no person shall vote who, if challenged, shall re¬
fuse to take the following oath, or affirmation : '' I do swear
(or affirm) that I am twenty-one years of age, have resided
in this State one year, and in this county six months, next
preceding this election. I have paid all taxes which, since
the adoption of the present Constitution of this State, have
been required of me previous to this year, and which I have
had an opportunity to pay, and I have not voted at this
election."
Section II.
Paragraph I. The General Assembly may provide, from
time to time, for the registration of all electors, but the fol¬
lowing classes of persons shall not be permitted to register,
vote, or hold any office, or appointment of honor or trust in
this State, to-wit: 1st. Those who shall have been con¬
victed, in any court of competent jurisdiction, of treason
constitution.
9
against the State, of embezzlement of public funds, mal¬
feasance in office, bribery or larceny, or of any crime involv¬
ing moral turpitude, punishable by the laws of this State
with imprisonment in the penitentiary, unless such person
shall have been pardoned. 2d. Idiots and insane persons.
Section III.
Paragraph I. Electors shall, in all cases, except for trea¬
son, felony, larceny, and breach of the peace, be privileged
from arrest during their attendance on elections, and in go¬
ing to and returning from the same.
Section IV.
Paragraph I. No person who is the holder of any public
money, contrary to law, shall be eligible to any office in
this State, until the same is accounted for and paid into the
treasury.
Par. II. No person who, after the adoption of this Con¬
stitution, being a resident of this State, shall have been con¬
victed of fighting a duel in this State, or convicted of send¬
ing, or accepting a challenge, or convicted of aiding, or
abetting, such duel, shall hold-office in this State, unless he
shall have been pardoned; and every such person shall,
also, be subject to such punishment as may be prescribed
by law.
Section V.
Paragraph I. The General Assembly shall, by law, forbid
the sale, distribution, or furnishing of intoxicating drinks
within two miles of election precincts, on days of election—
State, county, or-municipal—and prescribe punishment for
any violation of the same.
, Section VI.
Paragraph I. Returns of election for all civil officers
10
constitution.
elected by the people, who are to be commissioned by the
Governor, and, also, for the members of the General As¬
sembly, shall be made to the Secretary of State, unless
otherwise provided by law.
ARTICLE III.
Legislative Department.
Section I.
Paragraph I. The legislative power of the State shall be
vested in a General Assembly, which shall consist of a Sen¬
ate and House of Representatives.
Section II.
Paragraph I. The Senate shall consist of forty-four mem¬
bers. There shall be forty-four Senatorial Districts, as now
arranged by counties. Each District shall have one Senator.
Par. II. The First Senatorial District shall be composed
of the counties of Chatham, Bryan and Effingham.
The Second Senatorial District shall be composed of the
counties of Liberty, Tatnall and Mcintosh.
The Third Senatorial District shall be composed of the
counties of Wayne, Pierce and Appling.
The Fourth Senatorial District shall be composed of the
counties of Glynn, Camden and Charlton.
The Fifth Senatorial District shall be composed of the
counties of Coffee, Ware and Clinch.
The Sixth Senatorial District shall be composed of the
counties of Echols, Lowndes and Berrien.
The Seventh Senatorial District shall be composed of the
counties of Brooks, Thomas and Colquitt.
The Eighth Senatorial District shall be composed of the
counties of Decatur, Mitchell and Miller.
The Ninth Senatorial District shall be composed of the
counties of Early, Calho.un and Baker.
CONSTITUTION.
11
The Tenth Senatorial District shall be composed of the
counties of Dougherty, Lee and Worth.
The eleventh Senatorial District shall be composed of
the counsies of Clay, Randolph and Terrell.
The Twelfth Senatorial District shall be composed of the
counties of Stewart, Webster and Quitman.
The Thirteenth Senatorial District shall be composed of
the counties of Sumter, Schley and Macon.
The Fourteenth Senatorial District shall be composed of
the counties of. Dooly, Wilcox, Pulaski and Dodge.
The Fifteenth Senatorial District shall be composed of
the counties of Montgomery, Telfair and Irwin.
The Sixteenth Senatorial District shall be composed of
the counties of Laurens, Emanuel and Johnson.
The Seventeenth Senatorial District shall be composed
of the counties of Screven, Bulloch and Burke.
The Eighteenth Senatorial District shall be composed of
the counties of Richmond, Glascock and Jefferson.
The Nineteenth Senatorial District shall be composed of
the counties of Taliaferro, Greene and Warren.
The Twentieth Senatorial District shall be composed of
the counties of Baldwin, Hancock and Warren.
The Twenty-first Senatorial District shall be composed
of the counties of Twiggs, Wilkinson and Jones.
The Twenty-second Senatorial District shall be composed
of the Counties of Bibb, Monroe and Pike.
The Twenty-third Senatorial District shall be composed
of the counties of Houston, Crawford and Taylor.
The Twenty-fourth Senatorial District shall be composed
of the counties of Muscogee, Marion and Chattahoochee.
The Twenty-fifth Senatorial District shall be composed
of the counties of Harris, Upson and Talbot.
The Twenty-sixth Senatorial District shall be composed
of the counties of Spaldirig, Bat® and Fayettf}'
The Twenty-seventh Senatorial District shall be com-
12
CONSTITUTION.
posed of the counties of Newton, Walton, Clarke, Oconee
and Rockdale.
The Twenty-eighth Senatorial District shall be composed
of the counties of Jasper, Putnam and Morgan.
The Twenty-ninth Senatorial District shall be composed
of the counties of Wilkes, Columbia, Lincoln and Mc-
Duffie.
The Thirtieth Senatorial District shall be composed of
the counties of Oglethorpe, Madison and Elbert.
The Thirty-first Senatorial District shall be composed of
the counties of Hart, Habersham and Franklin.
The Thirty-second Senatorial District shall be composed
of the counties of White, Dawson and Lumpkin.
The Thirty third Senatorial District shall be composed
of the counties of Hall, Banks and Jackson.
The Thirty-fourth Senatorial District shall be composed
of the counties of Gwinnett, DeKalb and Henry.
The Thirty-fifth Senatorial District shall be composed of
the counties of Clayton, Cobb and Fulton.
The Thirty-sixth Senatorial District shall be composed
of the counties of Campbell, Coweta, Meriwether,Douglass.
The Thirty-seventh Senatorial District shall be composed
of the counties of Carroll, Heard and Troup.
The Thirty-eighth Senatorial District shall be composed
of the counties of Haralson, Polk and Paulding.
The Thirty-ninth Senatorial District shall be composed
of the counties of Milton, Cherokee and Forsyth.
The Fortieth Senatorial District shall be composed of
the counties of Union, Towns and Rabun.
The Forty-first Senatorial District shall be composed of
the counties of Pickens, Fannin and Gilmer.
The Forty-second Senatorial District shall be composed
of th? counties of Bartow, Floyd and Chattooga.
The Forty^third Senatorial District shall be composed of
the,counties,of Murray, Gordon and Whitfield,
constitution.
13
The Forty-fourth 5eriatoH&l District'shall be composed
of the counties of Walker, Dade and Catoosa.
Par. III. The General'Assembly may change these dis¬
tricts after each census of the United- States : Provided,
That neither the number of districts nor the number of
Senators from each district shall be increased.
Section III.
Paragraph I. The House of Representatives shall con¬
sist of one hundred and seventy-five Representatives, ap¬
portioned among the several counties as follows, to-wit:
To the six counties having the largest population, viz :
Chatham, Richmpnd, Burke, Houston, Bibb and Fulton,
three Representatives each; to the twenty-six counties
having the next largest population, viz : Bartow, Coweta,
Decatur, Floyd, Greene, Gwinnett, Harris, Jefferson, Mer
iwether, Monroe, Muscogee, Newton, Stewart, Sumter,
Thomas, Troup, Washington, Hancock, Carroll, Cobb,
Jackson, Dougherty, Oglethorpe, Macon, Talbot and
Wilkes, two Representatives each; and to the remaining
one hundred and five counties, one Representative, each.
Par. II. The above apportionment shall be changed by
the General Assembly at its first session after each census
taken by the United States Government, so as to give to
the six counties having the largest population three Rep¬
resentatives, each; and to the twenty-six counties having
the next largest population two Representatives, each ; but
in no event shall the aggregate number of Representatives
be increased.
Section IV.
Paragraph I. The members of the General Assembly
shall be elected for two years, and shall serve until their
successors are elected. .
Par. II. The fir$t election for members of the General
Assembly, under this Constitution; shall take place on the
first Wednesday in December, 1877; the second election
14
CONSTITUTION.
for the:same shall be held on the first Wednesday in Oc¬
tober, 1880, and subsequent elections biennially, on that
day, until the day of election is changed by law.
Par. III. The fitet meeting of the General Assembly,
after the ratification of this Constitution, shall be on the
first Wednesday in November, 1878, and biennially there¬
after, on the same day, uptil the day shall be changed by
law. But nothing herein contained shall be construed to
prevent the Governor from calling an extra session of the
General Assembly before the first Wednesday in Novem¬
ber, 1878, if, in his opinion, the public good shall require it.
Par. IV. A majority of each house shall constitute a
quorum to transact business; but a smaller number may
adjourn from day to day and compel the presence of its
absent members, as each house may provide.
" Par. V. Each Senator and Representative, before taking
his seat, shall take the following oath, or affirmation, to-
wit: "I will support the Constitution of this State, and of
the United States, and on all questions and measures which
may come before me, I will so conduct myself, as will, in
my judgment, be most conducive to the interests and pros¬
perity of this State."
Par. VI. No session of the General Assembly shall con¬
tinue longer than forty days, unless by a two-thirds vote
of the whole number of each house.
Par. VII. No person holding a military commission, or
other appointment, or office, having any emolument, or
compensation annexed thereto, under this State, or the
United States, or either of them, except Justices of the
Peace and officers of the militia, nor any defaulter for pub¬
lic money, or for any legal taxes required of him, shall
have a seat in either house; nor shall any Senator, or
Representative, after his qualification as such, be elected
by the General Assembly, or appointed by the Governor,
either with or without the advice and consent of the Sen¬
ate, to any office or appointment having any emolument
constitution.
annexed thereto during the time for which he shall have
been elected.
Par. VIH. The seat of a member of either house shall
be vacated on his removal from the district or county from
which he was elected.
Section V.
Paragraph 1. The Senators shall be citizens of the Uni¬
ted States, who have attained the age of twenty-five years,
and who shall have been citizens of this State for four years,
and for one year residents of the district from which
elected.
Par. II. The presiding officer of the Senate shall be styled
the Presient of the Senate, and shall be elected viva voce
from the Senators.
Par. III. The Senate shall have the sole power to try
impeachments.
Par. IY. When sitting for that purpose, the members
shall be on oath, or affirmation, and shall be presided over
by the Chief Justice, or the presiding Justice of the Su¬
preme Court. Should the Chief Justice be disqualified
the Senate shall select the Judge of the Supreme Court to
preside. No person shall be convicted without the concur¬
rence of two-thirds of the members present.
Par. V. Judgments, in cases of impeachment, shall not
extend further than removal from office, and disqualifica¬
tion to hold and enjoy any office of honor, trust, or profit,
within this State ; but the party convicted shall, neverthe¬
less, be liable, and subject to indictment, trial, judgment,
and pnnishment, according to law.
Section VI.
Paragraph I. The Representatives shall be citizens of
the United States who have attained the age of twenty-one
years, and who shall have been citizens of this State for
two years, and for one year residents of the counties from
which elected.
16
CONSTITUTION.
Far. II. The.-presidjng officer, of the Hov^se of Represen¬
tatives shall be styled the Speaker of the House of Repre¬
sentatives, and shall be jelecfced myaiVQce. from]tfiebody;
Par. III.,The House of, Repose# tatives shall have the
sole power to impeach all persons wfio, shall have been, or
may be, in office.
Section YII.
Paragraph I. Each house shall be the judge of the elec¬
tion, returns, and qualifications of its members, and shall
have power to punish them for disorderly behavior, or mis¬
conduct, by censure, fine, imprisonment, or expulsion ;
but no member shall be expelled, except by a vote of two-
thirds of the House to which he belongs.
Par. II. Each house may punish by imprisonment, not
extending beyond the session, any person, not a member,
who shall be guilty of a contempt, by any disorderly be¬
havior in its presence, or who shall rescue, or attempt to
rescue, any person arrested by order of either House.
Par. III. The members of both houses shall be free from
arrest during their attendance on the General Assembly,
and in going thereto, or returning therefrom', except for
treason, felony, larceny, or breach of the peace; and no
member shall be liable to answer in any other place for any¬
thing spoken in debate in either house.
Par. IY. Each house shall keep a journal of its proceed¬
ings, and publish it immediately jafter its adjournment.
Par, V. The original journal shall be preserved after
publication, in the office of the Secretary of State, but there
shall be no other record thereof.
Par. VI. The yeas aid nays on any question shall, at
the desire of one-fifth of the members present, be entered
on the journal. ;
Par. Vtt, Every liih, before it shall pass, shall be read
three times, and on three separate days, in each house,
unless in cases of actual invasion or irsurrection.
CONSTITUTION.
Par. VIIL No law or ordinance shall pass which refers
lo more than one subject matter, or contains matter differ¬
ent from what is expressed in the title thereof.
Par. IX. The general appropriation bill shall embrace
nothing except appropriations fixed by previous laws, the
ordinary expenses of the Executive, Legislative and Judi-
al Departments of the Government, payment of the public
debt and interest thereon, and for support of the public in¬
stitutions and educational interests of the State. All other
appropriations shall be made by separate bills, each em¬
bracing but one subject.
Par. X. All bills for raising revenue, or appropriating
money, shall originate in the House of Representatives,
but the Senate may propose, or concur in amendments, as
in other bills.
Par. XI. No money shall be drawn from the treasury
except by appropriation made by law, and a regular state,
ment and account of the receipt and expenditure of all
public money shall be published every three months, and
also, with the laws passed by each session of the General
Assembly.
Par. XII. No bill or resolution appropriating money
shall become a law unless, upon its passage, the yeas and
nays, in each House, are recorded.
Par. XIII. All acts shall be signed by the President
of the Senate and the Speaker of the House of Represen¬
tatives, and no bill, ordinance or resolution, intended t®
have the effect of a law, which shall have been rejected by
either house, shall be again proposed during the same ses¬
sion, under the same or any other title, without the con¬
sent of two-thirds of the Hous^ by which the same was
rejected.
Par. XIV. No bill shall become a law unless it shall re¬
ceive a majority of the votes of all the members elected
to each House of the General Assembly, and it shall, in
every instance, so appear on the journal.
9
18
CONSTITUTION,
Par. A V. All special or local<biUs shall originate in the
House of Representatives. The Speaker of the House of
Representatives shall, within fivef days from the organiza¬
tion of the General Assembly, appoint a committee, con¬
sisting of one from each Congressional District* whose
duty it shall be to consider, and consolidate all special and
local bills, on the same subject, and report the same to
the House ; and no special or local bill* shall be read or
considered by the House until the same has been reported
by said committee, unless by a two-thirds vote. And no
bill shall be considered or reported to the House, by said
committee, unless the same shall have been laid before it
within fifteen days after the organization of the General
Assembly ; except by a two thirds vote.
Par. XVI. No local or special bill shall be passed, un¬
less notice of the intention to apply therefor shall have
been published in the locality where the matter, or thing
to be effected, may be situated, which notice shall be given
at ieast thirty days prior to the introduction of such bill
into the-General Assembly, and in the manner to be pre¬
scribed by law. The evidence of such notice having been
published, shall be exhibited in the General Assembly be¬
fore such act shall be passed.
Par. XVII. No law, or section of the Code, shall be
amended or repealed by mere reference to its title, or to
the number of the section of the Code, but the amending,
or repealing act, shall distinctly describe the law to be
amended or repealed, as well aS the alteration to be made.
Par.' X VIII, The General Assembly shall1 have no power
to grant corporate powers and privileges to private compa¬
nies, except banking, insuraAce, railroad, canal, navigation,
express and telegraph companies; nor to make or change
election precincts; nor to establish bridges or ferries ; nor
to change natfreis of legitimate children ;'but it shall pre¬
scribe by l!aW 'the mamier * in which such1 powers shall be
exercised by the cbutts.
constitution.
19
Par. XIX. The General Assembly shall have no pqwer
to relieve principals or securities upon forfeited recogni¬
zances, from the payment thereof, either before or after
judgment thereon, unless the principal in the recognizance
shall have been apprehended and placed in the custody of
the proper officer.
Par. XX. The General Assembly shall not authorize
the construction of any street passenger railway within the
limits of any incorporated town or city, without the con¬
sent of the corporate authorities.
Par. XXI. 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 entered on the journal.
Par. XXII. The General Assembly shall have power to
make all laws and ordinances consistent with this Consti¬
tution, and not repugnant to the Constitution of the United
States, which they shall deem necessary and proper for the
welfare of the State,
Par. XXIII. No provision in this Constitution, for a two-
thirds vote of both houses cf the General Assembly, shall
be construed to waive the necessity 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, and in case
of prolongation of a session of the General Assembly.
Par. XXIY. Neither house shall adjourn for more than
three days, or to any other place, without the consent of
the other, and in case of disagreement between the two
houses, on a question of adjournment, the Governor may
adjourn either, or both of them.
Section VIII.
Paragraph I. The officers of the two houses, other than
the President and Speaker, shall be a Secretary of the Sen¬
ate and Clerk of the House of Representatives, and such
assistants as they may appoint; but the clerical expenses
20
constitution.
of the Senate shall not exceed sixty dollars per day, for each
session, nor those of the House of Representatives seventy
dollars per day, for each session. The Secretary of the Sen¬
ate, and Clerk of the House of Representatives, shall be
required to give bond and security for the faithful discharge
of their respective duties.
Section IX.
Paragraph I. The per diem of members of the General
Assembly shall not exceed four dollars; and mileage shall
not exceed ten cents for each mile traveled, by the nearest
practicable route, in going to, and returning from, the
Capital; but the President of the Senate and the Speaker
of the House of Representatives, shall each receive not ex¬
ceeding seven dollars per day.
Section X.
Paragraph I. All elections by the General Assembly
shall be viva voce, and the vote shall appear on the journal
of the House of Representatives. When the Senate and
House of Representatives unite for the purpose of elections,
they shall meet in the Representative Hall, and the Presi¬
dent of the Senate shall, in such cases, preside and declare
the result.
Section XI.
Paragraph I. All property of the wife at the time
of her marriage, and all property given to, inherited, or
acquired by her, shall remain her separate property, and
not be liable for the debts of her husband.
Section XII.
Paragraph I. All life insurance companies now doing
business in this State, or which may desire to establish
agencies and do business in the State of Georgia, char-
CONSTITUTION.
21
tered by other States of the Union, or foreign States, shall
show that they have deposited with the Comptroller Gen¬
eral of the State in which they are chartered, or of this State,
the Insurance Commissioner, or such other officer as may
be authorized to receive it, not less than one hundred thous¬
and dollars, in such securities as may be deemed by such
officer equivalent to cash, subject to his order, as a guar¬
antee fund for the security of policy-holders.
Par. II. When such showing is made to the Comptroller
General of the State of Georgia by a proper certificate from
the State official having charge of the fund so deposited,
the Comptroller General of the State of Georgia is author¬
ized to issue to the company making such showing, a li¬
cense to do business in the State, upon paying the fees
required by law.
Par. III. All life insurance companies chartered by the
State of Georgia, or which may hereafter be chartered by
the State, shall, before doing business, deposit with the
Comptroller General of the State of Georgia, or with some
strong corporation, which may be approved by said Comp¬
troller General, one hundred thousand dollars, in such se¬
curities as may be deemed by him equivalent to cash, to
be subject to his order, as a guarantee fund for the security
of the policy holders of the company making such deposit,
all interest and dividends arising from such securities to be
paid, when due, to the company so depositing. Any such
securities as may be needed or desired by the company
may be taken from said Department at any time by re¬
placing them with other securities equally acceptable to
the Comptroller General, whose certificate for the same
shall be furnished to the company.
Par. IV. The General Assembly shall, from time to
time, enact laws to compel all fire insurance companies do¬
ing business in this State, whether chartered by this State,
cr otherwise, to deposit reasonable securities with the Trea¬
surer of this State, to secure the people against loss by the
operation of said companies.
22
CONSTITUTION.
Par. V. The General Assembly shall compel all Insur¬
ance companies in this State, or doing business therein,
under proper penalties, to fnalce semi-annual reports to the
Governor, and print the same at their Own expense, for
the information and protection of the people.
ARTICLE IV,
Power of the General Assembly over Taxation.
Section I.
Paragraph I. The right of taxation is a sovereign right—
inalienable, indestructible—is the life of the State, and
rightfully belongs to the people in all Republican govern¬
ments, and neither the General Assembly, nor any, nor all
other departments of the Government established by this
Constitution, shall ever have the authority to irrevocably
give, grant, limit, or restrain this right; and all laws, grants,
contracts, and all other acts, whatsoever, by said govern¬
ment, or any department thereof, to affect any of these
purposes, shall be, and are hereby, declared to be null and
void, for every purpose Whatsoever; and said right of tax¬
ation shall always be under the complete control of, and
revocable by, the State, notwithstanding any gift, grant, or
contract, whatsoever, by the General Assembly.
Section II.
Paragraph I. The power and authority of regulating
railroad freights and passenger tariffs, preventing unjust
discriminajtions, and requiring reasonable and just rates of
freight and passenger tariffs, are hereby conferred upon the
General Assembly, whose duty it shall be to pass laws,
from time to time, to regulate freight and passenger tariffs,
to prohibit unjust discriminations on the various railroads
of this State, and to prohibit said roads from charging
CONSTITUTION.
23
other than just and reasonable rates, and enforce the same
by adequate penalties.
Par. I. The exercise of the right of eminent domain
shall never be abridged, nor so construed as to prevent the
General Assembly from taking the property and franchises
of incorporated companies, and subjecting them to public
use, the same as property of individuals; and the exercise
of the police power of the State shall never be abridged,
nor so construed as to permit corporatiqps to conduct their
business in such manner as to infringe the equal rights of
individuals, or the general well-being of the State.
Par. III. The General Assembly shall not remit the for¬
feiture of the charter of any corporation, now existing, nor
alter or amend the same, nor pass any other general or spe¬
cial law for the benefit of said corporation, except upon
the condition that said corporation shall thereafter hold its
charter subject to the provisions of this Constitution; and
every amendment of any charter of any corporation in this
State, or any special law for its benefit, accepted thereby,
shall operate as a novation of said charter, and shall bring
the same under the provisions of this Constitution ; Ptovi
ded, that this section shall not extend to any amendment
for the purpose of allowing any existing road to take stock
in or aid in the building of any branch road.
Par. IV. The General Assembly of this State shall have
no power to authorize any corporation to buy shares, or
stock, in any other corporation in this State, or elsewhere,
or to make any contract, or agreement whatever, with any
such corporation, which may have the effect, or be intended
to have the effect, to defeat or lessen competition in their
respective businesses, or to encourage monopoly; and all
such contracts and agreements shall be illegal and void.
Par. V. No railroad company shall give, or pay\ any re¬
bate, or bonus in the nature thereof, directly, or indirectly,
or do any act to mislead or deceive the public as to the real
rates charged or received for freight or passage ; and any
24
constitution.
such payments shall be illegal and void, and these prohibi
tions shall be enforced by suitable penalties.
Par. VI. No provision of this article shall be deemed,
held or taken to impair the obligation of any contract
heretofore made by the State of Georgia.
Par. VII. The General Assembly shall enforce the pro¬
visions of this article by appropriate legislation.
ARTICLE V.
Executive Department.
Section I.
Paragraph I. The officers of the Executive Department
shall consist of a Governor, Secretary of State, Comptroller
General, and Treasurer.
Par. II. The Executive power shall be vested in a Gov¬
ernor, who shall hold his office during the term of two
years, and until his successor shall be chosen and qualified.
He shall not be eligible to re-election, after the expiration
of a second term, for the period of four years. He shall
have a salary of three thousand dollars per annum (until
otherwise provided by a law passed by a two-thirds vote
of both branches of the General Assembly), which shall not
be increased or diminished during the period for which he
shall have been elected; nor shall he receive, within that
time, any other emolument from the United States, or
either of them, or from any foreign power. But this re¬
duction of salary shall not apply to the present term of the
present Governor.
Par. #11. The first election for Governor, under this Con¬
stitution, shall be held on the first Wednesday in October,
1880, and the Governor-elect shajl be installed in office at
the next session of the General Assembly. An election
shall take place biennially thereafter, on said day, until
CONSTITUTION.
2 o
another date be fixed by the General Assembly. Said
election shall be held at the places of holding general elec¬
tions in the several counties of this State, in the manner
prescribed for the election of members of the General As¬
sembly, and the electors shall be the same.
Par. IV. The returns for every election of Governor
shall be sealed up by the managers, separately from other
returns, and directed to the President o# the Senate and
Speaker of the House of Representatives, and transmitted
to the Secretary of State, who shall, without opening said
returns, cause the same to be laid before the Senate on the
day after the two houses shall have been organized, and
they shall be transmitted by the Senate to the House of
Representatives.
Par. V. The members of each branch of the Gen¬
eral Assembly shall convene in the Representative Hall,
and the President of the Senate and the Speaker of the
House of Representatives, shall open and publish the re
turns in the presence and under the direction of the Gen¬
eral Assembly; and the person having the majority of the
whole number of votes, shall be declared duly elect¬
ed Governor of this State f but, if no person shall have
such majority, then from the two persons having the high¬
est number of votes, who shall be in life, and shall not de¬
cline an election at the time appointed for the General
Assembly to elect, the General Assembly shall, immedi¬
ately, elect a Governor viva voce; and in all cases of elec¬
tion of a Governor by the General Assembly a majority
of the members present shall be necessary to a choice.
Par. VI. Contested elections shall be determined by
both Houses of the General Assembly, in such manner as
shall be prescribed by law.
Par. VII. No person shall be eligible to the office of
Governor who shall not have been a citizen of the United
States fifteen years, and a citizen of the State six years, and
who shall not have attained the age ot thirty years.
Par. VIII. In case of the death, resignation, or disabiti-
26
CONSTITUTION.
ty of the Governor, the President of the Senate shall ex
ercise the executive powers of the government untM
such disability be removed, or a successor is elected
and qualified. And in case of the death, resignation or
disability of the President of the Senate, the Speaker of
the House of Representatives shall exercise the executive
powers of the government, until the removal of the disa¬
bility, or the election and qualification of a Governor.
Par. IX. The General Assembly shall have power to-
provide by law, for filling unexpired terms by special elec¬
tions.
Par. X. The Governor shall, before he enters on the
duties of his office, take the following oath or affirmation:
"I do solemnly swear (or affirm as the case may be) that
I will faithfully execute the office of Governor of the State
of Georgia, and will, to the best of my ability, preserve,
protect and defend the Constitution thereof, and the Con¬
stitution of the United States of America."
Par. XI. The Governor shall be commander-in-chief of
the army and navy of this State, and of the militia thereof.
Par. XII. He shall have power to grant reprieves and
pardons, to commute penalties, remove disabilities im¬
posed by law, and to remit any part of a sentence for
offenses against the State, alter conviction, except in cases
of treason and impeachment, subject to such regulations as
may be provided by law relative to the manner of applying
for pardons. Upon conviction for treason, he may sus¬
pend the execution of the sentence and report the case to
the General Assembly at the next meeting thereof, when
the General Assembly shall either pardon, commute the
sentence, direct its execution, or grant a further reprieve.
He shall, at each session of the General Assembly, com¬
municate to that body each case of reprieve, pardon or
commutation granted, stating the name of the convict, the
offense of which he was convicted, the sentence and its
date, the date of the reprieve, pardon or commutation, and
the reasons for granting the same. He shall take care that
CONSTITUTION.
27
the laws are faithfully efcefctited, and shall be a conservator
of the peace throughout the State.
Par. XIII. He Shall issue writs of electron to fill all
vacancies that may happen in the Senate or House of
Representatives, and - shall give the General Assembly,
from time to time, information of the state of the Com¬
monwealth, and recommend to their consideration such
measures as he may deem necessary or expedient. He shall
have power to convoke the General Assembly on extraor¬
dinary occasions, but no law shall be enacted at called ses¬
sions of the General Assemhly except such as shall relate
to the object stated in his proclamation convening them.
Par. XIV. When any office shall become vacant, by
death, resignation, or otherwise, the Governor shall have
power to fill such vachncy, unless otherwise provided by
law; and persons so appointed shall continue in office until
a successor is commissioned, agreeably to the mode pointed
out by this Constitution, or by law in pursuance thereof.
Par. XV. 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.
Par. XVI. The Governor shall have the revision of all
bills passed by the General Assembly, before the same
shall become laws, but two-thirds of each House may pass
a law, notwithstanding his dissent; and if any bill should
not be returned by the Governor wjthin five days (Sunday
excepted) after it has been presented to him, the same shall
be a law; unless the General Assembly,by their adjourn¬
ment, 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.
Par. XVII. Every vote, resolution, or order, to which
the concurrence of both Houses may be necessary, except
on a question of election, or adjournment, shall ibe pre¬
sented to the Governor, and, before it shall take effect, be
28
CONSTITUTION.
approved by him, or, being disapproved, shall be repassed
by two-thirds of each house.
Par. XVIII. He may require information, in writing,
from the officers in the Executive Department on any
subject relating to the duties of their respective offices. It
shall be the duty of the Governor, quarterly, and oftener
if he deems it expedient, to examine, under oath, the
Treasurer and Comptroller General of the State on all
matters pertaining to their respective offices, and to inspect
and review their books and accounts. The General As¬
sembly shall have authority Jo provide by law for the sus¬
pension of either of said officers from the discharge of the
duties of his office, and also for the appointment of a suit¬
able person to discharge the duties of the same.
Par. XIX. The Governor shall have power to appoint
his own secretaries, not exceeding two in number, and to
provide such other clerical force as may be required in his
office, but the total cost for secretaries and clerical force in
his office shall not exceed six thousand dollars per annum.
Section II.
Paragraph I. The Secretary of State, Comptroller Gen¬
eral and Treasurer shall be elected by the persons qualified
to vote for members of the General Assembly, at the
same time and in the same manner as the Governor. The
provisions of the Constitution as to the transmission of
the returns of election, counting the votes, declaring
the result, deciding when there is no election and when
there is a contested election, applicable to the election of
Governor, shall apply to the election of Secretary of State,
Comptroller General and Treasurer; they shall be commis¬
sioned by the Governor, and hold their offices for the same
time as the Governor.
Par. II. The salary of the Treasurer shall not exceed
two thousand dollars per annum. The clerical expenses
of his department shall not exceed sixteen hundred dollars
per annum.
constitution.
20
Par. III. The salary of the Secretary of State shall no
exceed two thousand dollars per annum, and the clerica
expenses of his Department shall not exceed one thousand
dollars per annum.
Par. IV. The salary of the Comptroller General shall
not exceed two thousand dollars per annum. The clerical
expenses of his Department, including the Insurance De¬
partment and Wild Land Clerk, shall not exceed four
thousand dollars per annum, and without said clerk it shall
not exceed three thousand dollars per annum.
Par. V. The Treasurer shall not be allowed, directly or
indirectly, to receive any fee, interest or reward from any
person, bank or corporation, for the deposit or use, in any
manner, of the public funds; and the General Assembly
shall enforce this provision by suitable penalties.
Par. VI. No person shall be eligible to the office of
Secretary of State, Comptroller General, or Treasurer, un¬
less he shall have been a citizen of the United States for
ten years, and shall have resided in this State for six years
next preceding his election, and shall be twenty-five years
of age when elected. All of said officers shall give bond
and security, under regulations to be prescribed by law,
for the faithful discharge of their duties.
Par. VII. The Secretary of State, the Comptroller
General, and the Treasurer, shall not be allowed any fee,
perquisite, or compensation, other* than their salaries, as
prescribed by law, except their necessary expenses when
absent from the seat of government on business for the
State.
Section III.
Paragraph I. The Great Seal of the State shall be de¬
posited in the office of the Secretary of State, and shall
not be affixed to any instrument of writing except by order
of the Governor, or General Assembly, and that now in
30
constitution.
use shall be the Great Seal of the State until otherwise pro¬
vided by law.
ARTICLE VI.
Judiciary.
Section I.
Paragraph I. The judicial powers of this State shall be
vested in a Supreme Court, Superior Courts, Courts of Or¬
dinary, Justices of the Peace, commissioned Notaries Pub¬
lic, and such other courts as have been, or may be, estab¬
lished by law.
Section II.
Paragraph I. The Supreme Court shall consist of a Chief
Justice and two Associate Justices, A majority of the court
shall constitute a quorum.
Par. II. When one or more of the judges are disqualified
from deciding any case, by interest or otherwise, the Gov¬
ernor shall designate a judge, or judges, of the Superior
Courts to preside in said case.
Par. III. No judge of any court, shall preside in any
case where the validity of any bond—Federal, State, cor¬
poration or municipal—is involved, who holds in his own
right, or as the represei^ative of others, any material inter¬
est in the class of bonds upon which the question to be de¬
cided arises.
Par. IV. The Chief Justice and Associate Justices shall
hold their offices for six years, and until their successors
are qualified. A successor to the incumbent whose term
will soonest expire shall be elected by the General Assem¬
bly in 3 880 ; a successor to the incumbent whose term of
office is next in duration shall be elected, by the General
Assembly in 1882 ; and a successor to the th'Td incumbent
shall be elected by the General Assembly in 1884; but ap¬
pointments to fill vacancies shall only be for the unex-
CONSTITUTION.
31
pired term, or until such vacancies are filled" by elections,
agreeably to the mode pointed out by this Constitution.
Par. V. The Supreme Court shall have no original juris¬
diction, but shall be a Court alone for the trial and cor
rection of errors from the Superior Courts, and from the
City Courts of Atlanta and Savannah, and such other like
courts as may be hereafter established in other cities ; and
shall sit at the seat of government, at such times, in each
year, as shall be prescribed by law, for the trial and deter¬
mination of writs of error from said Superior and City
Courts.
Par. VI. The Supreme Court shall dispose of every case
at the first or second term after such writ of error is brought;
and in case the plaintiff in error shall not be prepared at
the first term to prosecute the case—unless prevented by
Providential cause—it shall be stricken from the docket,
and the judgment below shall stand affirmed.
Par. VII. In any case the Court may, in its discretion,
withhold its judgment until the next term after the same is
argued.
Section III.
Paragraph I. There shall be a Judge of the Superior
Courts for each Judicial Circuit, whose term of office ^shall
be four years, and until his successor is qualified. He may
act in other circuits when authorized by law.
Par. II. The successors to the present incumbents shall
be elected by the General Assembly as follows: To the
half (as near as may be) whose commissions are the old¬
est, in the year 1878 ; and to the others in the year 1880.
All subsequent elections shall be at the session of the
General Assembly next preceding the expiration of the
terms of incumbents, except elections to fill vacancies.
The day of election may be fixed by the General Assem¬
bly.
Par. III. The terms of the judges to be elected under the
32
constitution.
Constitution (except to fill vacancies) shall begin on the first
day of January, after their elections. But, if the time for
the meeting of the General Assembly shall be changed, the
General Assembly may change the time when the terms of
judges thereafter elected shall begin.
Section IV.
Paragraph I. The Superior Courts shall have exclusive
jurisdiction in cases of divorce; in criminal cases where the
offender is subjected to loss of life, or confinement in the
penitentiary; in cases respecting titles to land, and equity
cases.
Par. II. The General Assembly may confer upon the courts
of common law, all the powers heretofore exercised by courts
of equity in this State.
Par. III. Said courts shall have jurisdiction in all civil
cases, except as hereinafter provided.
Par. IV. They shall have appellate jurisdiction in all such
cases as may be provided by law.
Par. V. They shall have power to correct errors in inferior
judicatories, by writ of certiorari, which shall only issue on
the sanction of the judge; and said courts, and the judges
thereof, shall have power to issue writs of mandamus, pro¬
hibition, scire facias, and all other writs that may be neces¬
sary for carrying their powers fully into effect, and shall
have such other powers as are, or may be, conferred on them
by law.
Par. VI. The General Assembly may provide for an
appeal from one jury, in the Superior and City Courts to
an other, and the said courts may grant new trials on legal
grounds.
Par. VII. The court shall render judgment without the
verdict of a jury, in all civil cases founded on unconditional
contracts in writing, where an issuable defense is not filed
under oath or affirmation.
constitution.
33
Par. VIII. The Superior Courts shall sit in each county
not less than twice in each]year,at such times as have been,
or may be, appointed by law.
Par. IX. The General Assembly may provide by law for
the appointment of some proper person to preside in cases
where the presiding Judge is, from any cause, disqualified
Section V.
Paragraph I. In any county within which there is, or
hereafter may be, a City Court, the judge of said court,
and of the Superior Court, may preside in the courts of
each other in cases where the judge of either court is dis¬
qualified to preside.
Section VI.
Paragraph I. The powers of a Court of Ordinary, and of
Probate, shall be vested in an Ordinary for each county,
from whose decision there may be an appeal (or, by con¬
sent of parties, without a decision) to the Superior Court,
under regulations prescribed by law.
Par. II. The Courts of. Ordinary shall have such powers
in relation to roads, bridges, ferries, public buildings, pau¬
pers, county officers, county funds, county taxes, and
other county matters, as may be conferred on them by law.
Paragraph IV. The Ordinary shall hold his office for
the term of four years, and until his successor is elected
and qualified.
Section VII.
Paragraph I. There shall be in each militia district one
Justice of the Peace, whose official term, except when
elected to fill an unexpired term, shall be four years.
Par. II. Justices of the Peace shall have jurisdiction-in
all civil cases, arising ex contractu, and in cases of injuries
9
34 constitution.
• i '
or damages to personal property when the principal sum
does n at. exceed otic i hundred dollars,.and shall sit monthly,
at fixed itihnes, smd places ; butih tall leases* there may be
an appeal to a jury in said C.owfV.or an .appeal to the -Su-
perior Court, under such regulations as may be prescribed
by law.'-" 0 ■ ' < •1 •
Par. Til.' justices oTJthe Peace 'shall be elected'• by the
legal Voters in; theirdte^pfecibVe districts,1 and shall be com¬
missioned by the Governor. They shall be removable on
conviction for malpractice in office.
SecripN viji.
Paragraph I; Commissioned 'Notaries Public, not to ex¬
ceed one for "each militia district, tnay be appointed by
the Judges of the Superior Courts in their respective cir¬
cuits, upon recommendation of the grand juries of the sev¬
eral counties. They shall be commissioned by the Gov¬
ernor for ;the term qf fpur y§ar§, and shall be ex~officio
Justices of the Peace, and sball .be removable on convic¬
tion for malpractice in office.
Section IX.
' I l > 1
Paragraph I; The jurisdiction, powers, proceedings and
practice of all cdtittS or officers invested with judicial powr
erS (except Citfy Courts)-of thfe Same grade or class, so far
as regulated by l£wy'atid the force and effect of the pro¬
cess, judgment atid decree; by such cdurts, severally, shall
be uniform. This'trniformity ihust be" Sistabfislhed by the
General Assembly. V.fr
Section X.
jjn'r'jL » ; .'iff; i, 1 r,ih; ■. ;V'j. ■ ' 'inn •.
P^agtaph I. pMll be. ^.^opiey G.^n^ral of this
State, ^,ho s^ll be elected th.e. people at, dje saipe tjme,
for ^p.^i|ie.,-term( artdjn the s^ie.planner the (governor.
Far. 11^ It shall be the duty; of the Attorney 0»enerai
constitution.
35
to act as the legal'ctdviser of the Executive Department,
to represent the Staite in the'Supreme Court iri, all capital
felonies; arid in all civil'antf'criminal cases in any court
when required by the Governor, arid to perform such other
services as shall be required of him by taw;
Section
Paragraph I. There shall be a Solicitor Qeneral for each
judicial circuit, whose official,term, except when commis¬
sioned to fill an unexpired term, shall be four years.
Par. II. It shall be the duty of the Solicitor General to
represent the State in all cases in the Superior Courts of
his circuit, and in all caseMaken ^UP fr°m his circuit to the
Supreme Court; and to perform such other services as
shall be required of him by law.
Section XII.
Paragraph I. The Judges of the Supreme and Superior
Courts, and Solicitors General, shall be, elected by the
General Assembly, in joint session, on such day, or days,
as shall be fixed by joint resolution of both Houses. At
the session of the General Assembly which is. held next
before the expiration of the terms of the . present incum¬
bents, as provided in this Constitution, their successors
shall be chosen ; and the §ame shall apply to the election
of those who shall succeed them. Vacancies occasioned
* - • t ' ' , ' j ;
by death, resignation or other cause, shall bri filled by ap¬
pointment of the Governor, until the General^ Assembly
shall convene, when an election shall be heltf to filf'the
. , ; ' ■' • ,
unexpired portion'hf.the Vacant terms,
;;: it 'j 11: : ■ ' ■- '
Section XIII. a.
[ 1/. - a ■ '
Paragraph I. The Judges of the Supreme Court shall
haye, put(of the trqftsury; of„ thOjStatc^jsilariesuj»©£ to ex¬
ceed thr^.tjhpusandi dqil^irs pei»;WlminTb the juries of the
Superior Courts shall have salaries not to exceed two
36
constitution.
thousand dollars per annum; the Attorney General shall
have a salary not to exceed two thousand dollars per an¬
num ; and the Solicitors General shall each have salaries
not to exceed two hundred and fifty dollars per annum;
but the Attorney General shall not have any fee or per¬
quisite in any cases arising after the adoption of this Con¬
stitution ; but the provisions of this section shall not affect
the salaries of those now in office.
Par. II. The General Assembly may, at any time, by a
two-thirds vote of each branch, prescribe other and differ¬
ent salaries for any, or all, of the above officers, but no
such [change shall affect the officers then in commission.
Section XIV.
Paragraph I. No person shall be Judge of the Supreme
or Superior Courts, or Attorney General, unless, at the
time of his election, he shall have attained the age of
thirty years, and shall have been a citizen of the State
three years, and have practiced law for seven years; and jio
person shall be hereafter elected Solicitor General, unless
at the time of his election he shall have attained
twenty-five years of age, shall have been a citizen of the
State for three years, and shall have practiced law for
three years next preceding his election.
Section XV.
Paragraph I. No total divorce shall be granted, except
on^the concurrent verdicts of two juries, at different terms
of the Court.
Par. II. When a divorce is granted, the jury rendering
the final verdict shall determine the rights and disabilities
of the parties.
Section XVI.
Paragraph I. Divorce cases shall be brought in the
county where the defendant resides, if a resident of this
constitution.
37
State; if the defendant be not a resident of this State,
then in the county in which the plaintiff resides.
Par. II. Cases respecting titles to land shall be tried in
the county where the land lies, except where a single tract
is divided Jsy a county line, in which case the Superior
Court of either county shall have jurisdiction.
Par. III. Equity cases shall be tried in the county where
a defendant resides against whom substantial relief is
prayed.
Par. IV. Suits against joint obligors, joint promissors,
copartners, or joint trespasers, residing in different coun¬
ties, may be tried'in either county.
Par. V. Suits against the maker and endorser of prom¬
issory notes, or drawer, acceptor and endorser of foreign or
inland^bills of exchange, or like instruments, residing in
different counties, shall be brought in the county where
the maker or acceptor resides.
1 Par. VI. All other civil cases shall be tried in the
county where the defendant resides, and all criminal cases
shall be tried in the county where the crime was commit¬
ted, except cases in the Superior Courts where the Judge
is satisfied that^an impartial jury cannot be obtained in
such county.
Section XVII.
Paragraph I. The power to change the venue in civil
and criminal cases shall be vested in the Superior Courts,
to be exercised in such manner as has been, or shall be,
provided by law.
Section XVIII.
Paragraph I. The right of trial by jury, except where it
is otherwise provided in this Constitution, shall remain in¬
violate, but the General Assembly may prescribe any
number, not less than five, to constitute a trial or traverse
jury in courts other than the Superior and City Courts.
38
constitution.
Par. II, The General Assembly shall, provide by law, for
the selection of ffie most experienced, intelligent and up¬
right men t<j>. sqrv^as grand jurors,, and intelligent and. up¬
right men. to serve as traverse furors. Nevertheless, the
grand jui-Ors shall ^be competent to serve as traverse jurors.
Par. III. It shall be the duty of the General Assembly,
by general laws, to .prescribe the manner of fixing compen¬
sation of jurors'ii) all counties in this State.
Section XIX.
Paragraph I- The General Assembly shall have power
to provide for the creation; of County Commissioners in
such counties i^s may require themi and to define their
duties.
Section XX.
Paragraph I. All courts not specially mentioned by
name in the first section of this article, may be abolished in
any county, at the discretion of the. General Assembly.
Section XXI.
Paragraph I. The costs in the Supreme Court shall not
exceed ten dollars, until otherwise provided by law. Plaint¬
iffs in error shall not be required to pay costs in said court
when the usual pauper oath is filed in the Court below.
ARTICLE VII.
Finance, Taxation and Public IPebt.
.• Sectiqn I.
Paragraph I. The; powers qf taxation over the whole
State shall 'he/exercised by the General Assembly for the
following purposes only,• ;
For the support of the State governmBnt and the public
institutions;
CONSTITUTION. 39
' V
For educational pnrtfoss^jft instructing children, in the
elementary branches of an English education only ;
To pay the interest oW thd^iiblic debt;
To pay the principal of the public .deb£
To suppress insurrection, to repel invasion, an/Tdefend
the State in time of war ; .
To supply the, soldiers who lost a limb, or limb£, in the
military service o.f the Confederate States, ,with substantial
artificial limbs during life. j
Section II.
Paragraph I. All taxation shall be uniform upon the
same class of subjects, and ad valorem on all property sub-
ect to be taxed, within the territorial limits of the authority
levyingAhe tax, and shall.be levied and collected under
general laws. The General Assembly may, however, im¬
pose a tax upon such domestic animals as, from their na¬
ture and habits, are destructive ot other property.
Par. II. The General Assembly may, by law, exempt
from taxation all publid1 property, places of religious wor¬
ship or-burial; all institutions of purely public charity ; all
buildings erected for and used as a college/incorporated
academy, or other seminary of'learning ; the teal and per¬
sonal estate of any public library, and that of' any other
literary association, used by or connected with such library,;
all books and philosophical apparatus ; and all paintings and
statuary of any company or association, kept in a, public
hall, and npt held as merchandize, or for purposes of sale
or gain;. Pwvi4<[d,Xhe property so exempted,.,be npt used
for purposes' of private or corporate profit or income.
Par. III. Np; poll ta?c shall byd#vied .except fpr educa¬
tional pn?pO££ft,(and-such tax shall not exceed one.^lollar,
annuallyoWpQ? $ach poll. j.-v i{!
Par.., ^i.., All laws,tempting property jfirpm taxation
other than; the property herein enumerated, * {shall be void.
Par. V. The power to tax corporations and corporate prop-
40
constitution.
erty, shall not be surrendered or suspended by any con¬
tract or grant to which the State shall be a party.
Section III.
Paragraph I. No debt shall be contracted by, or on be¬
half of the State, except to supply casual deficiencies pf
revenue, to repel invasion, suppress insurrection and de¬
fend the State in time of war, or to pay the existing pub¬
lic debt; but the debt created to supply deficiences in
revenue shall not exceed, in the aggregate, two hundred
thousand dollars.
Section IV.
Paragraph I. All laws authorizing the borrowing of
money by, or on behalf of, the State, shall specify the
purposes for which the money is to be used, and the
money so obtained shall be used for the purpose specified,
and for no other
Section V.
Paragraph I. The credit of the State shall not be
pledged or loaned to any individual, company,[corporation
©r association, and the State shall not become a joint
owner or stockholder in any company, association, or
corpoxation.
Section VI.
Paragraph I. The General Assembly shall not author¬
ize any county, municipal corporation, or political divis¬
ion of this State, to become a stockholder in any company,
corporation, or association, or to appropriate money for,
©r to loan its credit to any corporation, company, associa¬
tion, institution, or individual, except for purely charitable
purposes. This restriction shall not operate to prevent the
support of schools by municipal corporations within their
respective limits: Provided, that if any municipal corpora-
CONSTITUTION.
41
tion shall offer to the State any property for locating or
building a capitol, and the State accepts such offer, the
corporation may comply with. such offer.
Par. II. The General Assembly shall not have power
to delegate to any county the right to levy a tax for any
purpose, except for educational purposes in instructing
children in the elementary branches of an English educa¬
tion only; to build and repair the public buildings and
bridges ; to maintain and support prisoners ; to pay jurors
and coroners, and for litigation, quarantine, roads and ex¬
penses of courts ; to support paupers and pay debts here¬
tofore existing.
Section VII.
Paragraph I. The debt hereafter incurred by any
county, municipal corporation, or political division, of this
State, except as in this Constitution provided for, shall
never exceed seven per centum of the assessed value of
all the taxable property therein, and no such county,
municipality, or division, shall incur any new debt, except
for a temporary loan or loans,to supply casual deficiencies of
revenue, not to exceeb ne-fifth of one per centum of the
assessed value of taxable property therein, without the as¬
sent of two-thirds of the qualified voters thereof, at an elec¬
tion for that purpose, to be held as may be prescribed by
law ; but any city, the debt of which does not exceed seven
per centum of the assessed value of the taxable property
at the time of the adoption of this Constitution, may be
authorized by law to increase, at any time, the amount of
said debt, three per centum upon such assessed valuation.
Par. II. Any county, municipal corporation, or politi¬
cal division of this State, which shall incur any bonded in¬
debtedness under the provisions of this Constitution, shalb
at or before the time of so doing, provide for the assess¬
ment and collection of an annual tax, sufficient in amount
to pay the principal and interest of skid debt within thirty
42
constitution.
years from the date of the incurring of SjaicJ indebtedness.
Section VIII.
Paragraph I. The State shall not assume the debt, not
any part thereof, of any county, municipal corporation, or
political division of the State, unless such debt shall be
contracted to enable the State1 to repel invasion, suppress
insurrection, or defend itself in time of war.
Section IX.
Paragraph I. The receiving directly or indirectly, by any
officer of the State or county, or member or officer of the
General Assembly, of any interest, profits, or perquisites,
arising from the use or loan of public funds in his hands,
or moneys to be raised through his agency for State or
county purposes, shall be deemed a felony, and punishable
as may be prescribed by law, a part of which punishment
shall be a disqualification from holding office.
Section X.
Paragraph I. Municipal corporations shall not incur any
debt until provision therefor shall have been made by the
municipal government.
Section XI.
Paragraph I. The General Assembly shall have no au¬
thority to appropriate money, either directly or indirectly,
to pay the whole, or any part, of the principal or interest
of the bonds, or other obligations which have been pro¬
nounced illegal, null and void, by the General Assembly,
and the constitutional amendments ratified; by a vote of the
people on the first day of May, 1877 ; nor shall the Gen-»
eral Assembly have authority to pay any of the obliga¬
tions created by the State under lavte passeehduringthelate
war between the States,- nor any of the bonds, notes, or
constitution.
43
obligations made and entered into during the existence of
said war, the time for the payment of which was fixed
after the ratification of a treaty cf peace between the Uni¬
ted States and the Confederate States; nor shall the Gen¬
eral Assembly pass any law, or the Governor, or other
State official, enter into any contract, or agreement,
whereby the State shall be made a party to any suit in any
court of this State, or of the United States, instituted to
test the validity of any such bonds or obligations.
Section XII.
Paragraph I. The bonded debt of the State shall never
be increased, except to repel invasion, suppress insurrec¬
tion, or defend the State in time of war.
Section XIII.
Paragraph I. The proceeds of the sale of the Western
and Atlantic, Macon and Brunswick, or other railroads,
held by the State, and any other property owned by the
State, whenever the General Assembly may authorize the
sale of the whole, or any part thereof, shall be applied to
the payment of the bonded debt of the State, and shall not
be used for any other purpose whatever, so long as the
State has any existing bonded debt; provided, that the
proceeds of the sale of the Western and Atlantic Railroad
shall be applied to the payment of the bonds for which
said railroad has been mortgaged, in preference to all other
bonds.
Section XIV.
Paragraph I. The General Assembly shall raise, by tax¬
ation, each year, in addition to the sum required to pay
the public expenses and interest on the public debt, the
sum of one hundred thousand dollars, which shall be held
as a sinking fund, to pay off and retire the bonds of the
44
CONSTITUTION.
State which have not yet matured, and shall he applied
to no other purpose whatever. If the bonds cannot at any
time be purchased at or below par, then the sinking fund,
herein provided for may be loaned by the Governor and
Treasurer of the State ; provided, the security which shall
be demanded for said loan shall consist only of the valid
bonds of the State ; but this section shall not take effect
until the eight per cent, currency bonds, issued under the
Act of February the 19th, 1873, shall have been paid.
Section XV.
Paragraph I. The Comptroller General and Treasurer
shall each make to the Governor a quarterly report of the
financial condition of the State, which report shall include
a statement of the assets, liabilities and income of the
State, and expenditures therefor, for the three months pre¬
ceding ; and it shall be the duty of the Governor to carefully
examine the same by himself, or through competent per¬
sons connected with his department, and cause an abstroct
thereof to be published for the information of the peopler
which abstract shall be endorsed by him as having been
examined.
Section XVI.
Paragraph I„ The General Assembly shall not, by vote,
resolution, or order, grant any donation,or gratuity, in favor
ot any person, corporation, or association.
Par. II. The General Assembly shall not grant or author¬
ize extra compensation to any public officer, agent, or con¬
tractor, after the service has been rendered, cr the contract
entered into.
Section XVII.
Paragraph I. The office of the State Printer shall cease
with the expiration of the ttrm of the present incumbent,
CONSTITUTION.
45
and the General Assembly shall provide, bylaw, for letting
the public printing to the lowest responsible bidder, or bid¬
ders, who shall give adequate and satisfactory security for
the faithful performance thereof. No member of the Gen¬
eral Assembly, or other public officer, shall be interested,
either directly or indirectly, in any such contract.
ARTICLE VIII.
Education.
Section I.
Paragraph I. There shall be a thorough system of com¬
mon schools for the education of children in the elemen¬
tary branches of an English education only, as nearly uni¬
form as practicable, the expenses of which shall be provided
for by taxation, or otherwise. The schools shall be free
to all children of the State, but separate schools shall be
provided for the white and colored races.
Section II.
Paragraph I. There shall be a State School Commis¬
sioner, appointed by the Governor, and confirmed by the
Senate, whose term of office shall be two years, and until
his successor is appointed and qualified. His office shall be
at the seat of government, and he shall be paid a salary
not to exceed two thousand dollars per annum. The
General Assembly may substitute for the State School
Commissioner such officer, or officers, as may be deemed
necessary to perfect the system of public education.
Section III.
Paragraph I. The poll tax, any educational fund now
bel mging to the State (except the endowment of, and debt
due to, the University of Georgia), a special tax on shows
46
CONSTITUTION.
and exhibitions, and on Hhe sale of spirituous and malt
liquors-—which the General Assembly is hereby author
ized to assess—and the proceeds of any commutation tax
for military service, and all taxeis that may be assessed on
such domestic animals as,'from their nature and habits,
are destructive to other property, are hereby set apart and
devoted to the support of common schools.
Section IV.
Paragraph I. Authority may be granted to counties,
upon the recommendation of two grand juries, and to mu¬
nicipal corporations, upon the recommendation of the cor¬
porate authority, to establish and maintain public schools
in their respective limits, by local taxation ; but no such
local laws shall take effect until the same shall have been
submitted to a vote of the qualified voters in each county
or municipal corporation, and approved by a two-thirdsvote*
of persons qualified to vote at such election; and the
General Assembly may? prescribe who shall vote on such
"question.
Section V.
Paragraph I. Existing local school systems shall not be
affected by this Constitution. Nothing contained in section
first of this article shall be construed to deprive schools in
this State, not common Schools,.from participation in the
educational fund of the State, as to all pupils therein taught
in the elementary branches of!an English education.
Section VI.
Paragraph I. The trustees,of the University of Georgia
may accept bequests, donations and grants of land, or other
property, for the use,of said University^ In addition-to the
payment of the annual-interest on thef^ebt due by the
State to the University, the- General Assembly mhy, from
CONSTITUTION.
47
time to time, make such donations thereto as the condition
of the Treasury will authorize. And the General Assem¬
bly may also, from time to time, make such appropriations
of money as the condition of the Treasury will authorize to
any College or University (not exceeding one in number)
now established, or hereafter to be established, in this
State for the education of persons of color.
ARTICLE IX.
Homestead and Exemptions.
Section I.
Paragraph I. There shall be exempt from levy and sale,
by virtue of any process whatever, under the laws of this
State, except as hereinafter excepted, of the property of
every head of a family, or guardian, or trustee of a family
of minor children, or every aged or infirm person, or per¬
son having the care and support of dependent females of
any age, who is not the head of a family, realty or per¬
sonalty, or both, to the value in the aggregate of sixteen
hundred dollars.
Section II.
Paragraph I. No court br ministerial officer in this State
shall eyer have jurisdiction or authority to enforce any
judgment, execution, or decree, against the property set
apart for such purpose, including such improvements as
may be made thereon, from time to time, except for taxes,
for the purchase money of the same, for labor done there
on, for material furnished therefor, pr for the removal of
eijic^mbranc^s tjiereon.
Section III.
Paragraph I. The debtor shall have power to waive or
48
CONSTITUTION.
renounce in writing his right to the benefit of the exemp¬
tion provided for in this article, except as to'wearing appa¬
rel, and not exceeding three hundred dollars worth of
household and kitchen furniture, and provisions, to be se¬
lected by himself and his wife, if any, and he shall not, after
it is set apart, alienate or encumber the property so
exempted, but it may be sold by the debtor, and his wife,
if any, jointly, with the sanction of the Judge of the Supe¬
rior Court of the county, where the debtor resides or the
land is situated, the proceeds to be reinvested upon the
same uses.
Section IY.
Paragraph I. The General 'Assembly shall provide, by
law, as early as practicable, for the setting apart and valuation
of said property. But nothing in this article shall be con¬
strued to affect or repeal the existing laws for exemption of
property from sale, contained in the present Code of this
State in paragraphs 2040 to 2049 inclusive, and the acts
amendatory thereto. It may be optional with the applicant
to take either, but not both, of such exemptions.
Section Y.
Paragraph I. The debtor shall have authority to waive or
renounce in writing his right to the benefit of the exemption
provided for in section four, except as is excepted in section
three of this article.
Section YI.
Paragraph 1. The applicant shall, at any time, have the
right to supplement his exemption by adding to an amount
already set apart which is less than the whole amount of ex¬
emption herein allowed, a sufficiency to make his exemption
equal to the whole amount.
CONSTITUTION.
49
Section VII.
Paragraph I. Homesteads and exemptions of personal
property which have been heretofore set apart by virtue of
the provisions of the existing Constitution of this State,
and in accordance with the laws for the enforcement there¬
of, or which may be hereafter so set apart, at any time, shall
be and remain valid as against all debts and liabilities existing
at the time of the adoption of this Constitution, to the same
extent that they would have been, had said existing Con¬
stitution not been revised.
Section VIII.
Paragraph I. Rights which have become vested under
previously existing laws shall not be affected by anything
herein contained. In all cases in which homesteads have
been set apart under the Constitution of 1868, and the laws
made in pursuance thereof, and a bona fide sale of such prop¬
erty has been subsequently made, and the full purchase
price thereof has been paid, all right of. exemption in such
property by reason of its having been so set apart, shall cease
in so far as it affects the right of the purchaser. In all
such cases where a part only of the purchase price has been
paid, such transaction shall be governed by the laws now
of force in this State, in so far as they affect the rights of
the purchaser, as though said property had not been set
apart.
Section IX.
Paragraph I. Parties who have taken a homestead of
realty under the Constitution of eighteen hundred and six-
ty-eight, shall have the right to sell said Homestead and re¬
invest the same, by order of the judge of the Superior
Courts of this State.
60
CONSTITUTION.
ARTICLE X.
Militia.
Section I.
Paragraph I. A well regulated militia being essential to
the peace and security of the State, the General Assembly
shall have authority to provide by law how the militia of
this State shall be organized, officered, trained, armed and
equipped ; and of whom it shall consist.
Par. II. The General Assembly shall have power to au¬
thorize the formation of volunteer companies, and to pro¬
vide for their organization into battalions, regiments, brig¬
ades, divisions and corps, with such restrictions as may be
prescribed by law, and shall have authority to arm and equip
the same.
Par. III. The officers and men of the militia and volun¬
teer forces shall not be entitled to receive any pay, rations,
or emoluments, when not in active service by authority of
the State.
ARTICLE XI.
Counties and County Officers.
Section I.
Paragraph I. Each county shall be a body corporate,
with such powers and limitations as may be prescribed by
law. All suits by, or against, a county, shall be in the
name thereof; and the metes and bounds of the several
counties shall remain as now prescribed by law, unless
changed as hereinafter provided.
Par. II. No new county shall be created.
Par. III. County lines shall not be changed, unless under
the operation of a general law for that purpose.
Par. IY. No county site shall be changed or removed, ex
CONSTITUTION.
51
cept by a two-thirds vote of the qualified voters of the
county, Voting at an election held for that purpose, and a
two-thirds vote of the General Assembly.
Par. Y. Any county may be dissolved and merged with
contiguous counties, by a two-thirds vote of the qualified
electors of such county, voting at an election held for that
purpose.
Section II.
Paragraph I. The county officers shall be elected by the
qualified voters of their respective counties, or districts, and
shall hold their offices for two years. They shall be re¬
moved on conviction for malpractice in office, and no person
shall be eligible to any of the officesrreferred to in this par¬
agraph, unless he shall have been a resident of the county
for two years, and is a qualified voter.
Section III.
Paragraph I. Whatever tribunal, or officers, may hereafter
be created by the General Assembly for the transaction of
county matters, shall be uniform throughout the State, and
of the same name, jurisdiction and remedies, except that the
General Assembly may provide for the appointment of
Commissioners of roads and revenue in any county.
ARTICLE XII.
The Laws of General Operation in Force in this State.
Paragraph I. The laws of general operation in this State
are, first, as the supreme law: the Constitution of the
United States, the laws of the United States in pursuance
thereof, and all treaties made under the authority of the
United States;
Par. II. Second. As next in authority thereto: this Con¬
stitution ;
52
CONSTITUTION.
Par. III. Third. In subordination to the foregoing: All
laws now of force in this State, not inconsistent with this
Constitution, and the ordinances of this Convention, shall
remain of force, until the same are modified or repealed by
the General Assembly. The tax acts and appropriation acts
passed by the General Assembly of 1877, and approved by
the Governor of the State, and not inconsistent with the
Constitution, are hereby continued in force until altered by
law.
Par. IV. Local and private acts passed for the benefit of
counties, cities, towns, corporations, and private persons,
not inconsistent with the supreme law, nor with this Con¬
stitution, and which have not expired nor been repealed-
shall have the force of statute law, subject to judicial de¬
cision as to their validity when passed and to any limita"
tions imposed by their own terms.
Par V. All rights, privileges and immunities which may
have vested in, or accrued to, any person or persons, or cor¬
poration, in his, her, or their own right, or in any fiduciary
capacity, under, and in virtue of, any act of the General
Assembly, or any judgment, decree, or order, or other pro¬
ceeding of any court of competent jurisdiction, in this State,
heretofore rendered, shall be held inviolate by all courts be¬
fore which they may be brought in question, unless attacked
for fraud.
Par. VI. All judgments, decrees, orders, and other pro¬
ceedings, of the several courts of this State, heretofore
made, within the limits of their several jurisdictions, are
hereby ratified and affirmed, subject only to reversal by
motion for a new trial, appeal, bill of review, or other pro¬
ceeding, in conformity with the law of force when they
were made.
Par. VII. The officers of the government now existing
shall continue in the exercise of their several functions un¬
til their successors are duly elected, or appointed and quali¬
fied ; but nothing herein is to apply to any officer, whose
office may be abolished by this Constitution.
Constitution.
53
Par. VIII. The ordinances of this Convention shall have
the force of laws until otherwise provided by the General
Assembly, except the ordinances in reference to submitting
the homestead and capital question to a vote of the people,
which ordinances, after being voted on, shall have the effect
of Constitutional provisions.
ARTICLE XIII.
Amendments to the CoNSTrruriON.
Section I.
Paragraph I. Any amendment, or amendments to this
Constitution may be proposed in the Senate or House of
Representatives, and if the same shall be agreed to by two-
thirds of the members elected to each of the two houses,
such proposed amendment or amendments shall be entered
on their journals, with the yeas and nays taken thereon.
And the General Assembly shall cause such amendment or
amendments to be published in one or more newspapers in
each Congressional District, for two months previous to the
time of holding the next general election, and shall also
provide for a submission of such proposed amendment or
amendments, to the people at said next general election,
and if the people shall ratify such amendment or amend¬
ments, by a majority of the electors qualified to vote for
members of the General Assembly, voting thereon, such
amendment or amendments, shall become a part of this
Constitution. "When more than one amendment is submit¬
ted at the same time, they shall be so submitted as to en¬
able the electors to vote on each amendment separately.
Par. II. Ho Convention of the people shall be called by
the' General Assembly to revise, amend, or change this Con
titution, unless by the concurrence of two-thirds of all the
members of each house of the General Assembly. The
representation in said Convention shall be based on popula¬
tion as near as^practicable.
54
constitution.
Section II.
Paragraph I. The Constitution shall be submitted fo
ratification or rejection to the electors of the State,
at an election to be held on the first Wednesday in Decem¬
ber, one thousand eight hundred and seventy-seven, in the
several election districts of this State, at which election
every person shall be entitled to vote who is entitled to
vote for the members of the General Assembly under the
Constitution and laws of force at the date of such election ;
said election to be held and conducted as is now provided
by law for holding elections for members of the General As¬
sembly. All persons voting at said election in favor of
adopting the Constitution, shall write or have printed on
their ballots the words "For Ratification /" and all persons
opposed to the adoption of this Constitution shall write or
have printed on their ballots the words "Against Ratifica¬
tion:
Par. II. The votes cast at said election shall be consoli¬
dated in each of the counties oi this State, as is now re¬
quired by law in elections for members of the General As-
-sembly, and returns thereof made to the Governor; and
should a majority of all the votes cast at said election be in
favor of ratification, he shall declare the said Constitution
adopted, and make proclamation of the result of said elec¬
tion by publication in one or more newspapers in each Con"
gressional District of the State, but should a majority of the
votes cast be against ratification, he shall in the same man¬
ner proclaim the said Constitution rejected.
[In compliance with a resolution of the Convention the proof
sheets of this Constitution were^carefully revised and corrected by
Hon. N. J. Hammond, for the Public Printer. This is, therefore,
a correct copy of the instrument as adopted by the Convention.—
Jas. P. Harrison, Public Printer.!
ORDINANCES.
AN#ORDINANCE.
Be it ordained by the people of Georgia in Convention assent
bled:
1st. That the question of the location of the Capital of
this State be kept out of the constitution to be adopted by
the Convention.
2nd. That at the first general election hereafter held for
members of the General Assembly every voter may endorse
on his ballot ' Atlanta" or "Milledgeville," and the one of
these places receiving the largest number of votes shall be the
Capital of the State until changed by the same authority
and in the same way that may be provided for the altera¬
tion of the Constitution that may be adopted by the Con¬
vention, whether said Constitution be ratified or rejected.
And that every person entitled to vote for members of the
General Assembly, under the present Constitution and laws
of this State, shall be entitled to vote under this ordi¬
nance ; and, in the event of the rejection of said Constitu¬
tion, shall (should) a majority of votes cast be in favor of Mil¬
ledgeville. then1 this provision to operate and take effect
as an amendment to the present Constitution.
AN ORDINANCE.
Be, it ordained by the people of Georgia, in Convention assem
bled, and it is hereby ordained by authority of the same:
1st. That the article adopted by this Convention on the
subject of homestead and exemptions shall not form a part
of this Constitution, except as hereinafter provided.
2nd. At the election held for the ratification or rejection
56
ordinances.
of this Constitution, it shall be lawful for each voter to have
written or printed on his ballot the words " Homestead of
1877," or the words " Homestead of 1868."
3d. In the event that a majority of the ballots so cast
have endorsed upon them the words, " Homestead of
1877," then said article, so adopted by this Convention,
shall form a part of the Constitution submitted, if the same
is ratified; but in the event that said Constitution, so sub¬
mitted, shall not be ratified, then the article on homestead
and exemptions so adopted as aforesaid by this Convention,
shall supersede article seventh of the Constitution of 1868
on the subject of homestead and exemptions, and form a
part of this Constitution.
4th. If a majority of the ballots so cast as aforesaid shall
have endorsed upon them the words, " Homestead of
1868," then article seventh of the Constitution of 1868
shall supersede the article on homestead and exemptions
adopted by this Convention, and shall be incorporated in
and form (a part) of the Constitution so submitted and rati¬
fied.
Read and adopted in Convention, August 22, 1877.
Attest: C. J.Jenkins,
President Constitutional Convention.
James Cooper Nisbet, Secretary.
AN ORDINANCE.
Whereas, a committee has been appointed by this
Convention to consider and inquire into the ways and
means by which the expenses of this Convention, over and
above those provided for by the General Assembly, can be
defrayed ; and, whereas, the committee are satisfied that a
sufficient sum of money for the same can be procured by
an ordinance of this Convention; therefore,
Be it ordained by the people of Georgia in Convention
assembled, and it is hereby ordained by authority of the same:
ordinances.
57
That the President of this Convention shall be, and he is
hereby, empowered, by authority of this Convention, to
negotiate a loan ot a sufficient sum of money, at seven per
cent, per annum, to defray the residue of the expenses of
this Convention not provided for by the act of the General
Assembly calling this Convention.
Read and adopted in Convention, August 18, 1877.
Attest: C. J. Jenkins,
President Constitutional Convention.
James Cooper Nisbet, Secretary.
AN ORDINANCE.
Be it ordained by the people of Georgia, in Convention as¬
sembled:
1st. That the Constitution as adopted and revised be
enrolled and signed by the officers and members of this
Convention.
2d. That the Governor shall issue his proclamation, or¬
dering an election for members of the General Assembly,
and a vote upon the ratification or rejection of this Con
stitution, as therein provided, and a vote upon the Capital
and Homestead questions, as provided by the ordinances
of this Convention.
Read and adopted in Convention, August 25th, 1877.
Attest: C. J. Jenkins,
President Constitutional Conveution.
James Cooper Nisbet, Secretary.
AN ORDINANCE.
There shall be sixteen Judicial Circuits in this State, and
it shall be the duty of the General Assembly to organize
and apportion the same in such manner as to equalize the
business and labor of the Judges in said several circuits,
as far as may be practicable. But the General Assembly
o8
ORDINANCES.
shall have power hereafter to re-organize, increase, or
diminish the number of circuits: Provided, however, that
the circuits shall remain as now organized, until changed
by law.
Read and adopted in Convention, August 23d, 1877.
Attest: C. J. Jenkins,
President Constitutional Convention.
James Qooper Nisbet Secretary.
Jambs P. Harbison & Co.. Publishers and State Printers, Atlanta, Ga.
SUPPLEMENTAL MATTER.
In addition to the foregoing Ordinances, the following matter
will be found of great value to all persons interested in the new
Constitution, as it covers all points of importance in regard to the
Homestead, and other questions:
AID TO NORTH GEORGIA RAILROAD.
This ordinance was introduced and advocated by Hon. James R.
Brown, of Cherokee, and adopted without opposition:
Be it ordained by the people of Georgia in Convention Assembled:
That nothing contained in the Constitution adopted by this Con¬
vention shall be so construed as to interfere with the aid or loan
granted the Marietta and North Georgia Bailroad by act of the
General Assembly, passed in 1877.
PROCLAMATION FOR AN ELECTION.
In order to carry out. fully and promptly, the provisions of the
new Constitution, the Hon. N. J. Hammond; of Fulton, introduced
the election ordinance, which was adopted without discussion. He
also amended paragraph two of section two of article thirteen, so
that the Governor, in case the new Constitution is ratified, shall
make proclamation of the result in one or more newspapers in each
county; and, should it fail of ratification, he is to make known its
rejection in the same manner.
EXPENSES OF THE STATE GOVERNMENT.
In addition to the ordinance authorizing Hon. Charles J. Jenk¬
ins, President of the Convention, to issue a sufficient number of
bonds, of one thousand dollars each, at seven per cent, interest
per annum, to pay the expenses of the Convention in excess of
the twenty-five thousand dollars appropriated for that purpose by
the General Assembly, Gen. A. R. Lawton, of Chatham, provided
for the expenses of the State Government until the meeting of the
next Legislature (which does not occur until November, 1878), by
amending paragraph three of article twelve of the new Constitu¬
tion in these words: '' Tax acts and appropriation acts passed at
the session of the General Assembly of 1877, and approved by the
Governor of the State, and not inconsistent with the Constitu¬
tion, are hereby continued in force until altered by law."
STATE PUBLIC INSTITUTIONS.
General Robert Toombs, of Wilkes. Chairman of the Committee
of Final Revision, announced that tney had duly considered the
report of the Committee on Public Institutions, and would recom¬
mend that no action be taken in regard to the matter by the Con¬
vention. These institutions are peculiarly the subjects of legisla-
2 SUPPLEMENTAL MATTER.
tive action, being changeable in their nature, and the committee-
recommend that they be left with and under the control of the
General Assembly, with the power to abolish or amend them, as
the people may hereafter demand. This recommendation was al¬
most unanimously adopted, which action leaves the Agricultural
Bureau, State Board of Health, the Geological Bureau, the Peni¬
tentiary Convict .Lease System, and the Chemical Bureau where
they now are, in the hands of tne Legislature, who can build them
up or tear them down.
" homestead of 1868."
Section 1. Each head of a family, or guardian or trustee of a
family of minor children, shall be entitled to a homestead of realty
to the value of two thousand dollars in specie, and personal prop¬
erty to the value of one thousand dollars in specie, both to be val¬
ued at the time they are set apart.
Sec. 2. And no court or ministerial officer in this State shall
ever have jurisdiction or authority to enforce any judgment, de¬
cree or execution against said property so set apart, including such
improvements as may be made thereon from time to time, except
for taxes, money borrowed and expended in the improvement of
the homestead, or for the purchase money of the same, and for
labor done therefor, or materials furnished therefor, or removal of
encumbrances thereon.
Sec. 3. And it shall be the duty of the General Assembly, as
early as practicable, to provide by law for the setting apart and
valuation of said property, and to enact laws for the full and com¬
plete protection and security of the same to the sole use and ben¬
efit of said families as aforesaid.
Sec. 4. All property of the wife, in her possession at the time of
her marriage, and ali property given to, inherited or acquired by
her, shall remain as her separate property, and not be liable for
the debts of her husband.
the honest debtor's act.
The above act is also known as the " Pony Homestead," and on
motion of Rev. Wm. A. McDonald, of Ware, seconded by Judge
A. H. Hansell, of Thomas, section four of the Homestead Act of
the new Constitution was amended in these words :
" But nothing in this article shall be construed to affect or repeal
the existing laws for exemption of property from sale, contained in
the present Code of this State in paragraphs 2040 to 2049 inclusive,
and the acts amendatory thereto. It may be optional with the
applicant to take either, but not both, of such exemptions."
The annexed is the Act referred to, which will be found of inter¬
est in this connection, as it remains in force without regard to the
ratification or rejection of the new Constitution by the people :
Section 2040. The following property of every debtor, who is
the head of a family, shall be exempt from levy and sale by virtue
of any process whatever, under the laws of this State; nor shall
any valid lien be created thereon, except in the manner hereinafter
pointed out, but shall remain for the use and benefit of the family
of the debtor:
Fifty acres of land, and five additional acres for each of his or
her cliildren under the age of sixteen years. This land shall in¬
clude the dwelling house, if the value of such house and improve¬
ments does not exceed the sum of two hundred dollars: ProvideJt
SUPPLEMENTAL MATTER. 3
that none of the above land be within the limits of a city, town, or
village, and does not include any cotton or wool factory, saw or
grist mill, or any other machinery propelled by water or steam,
the value of which exceeds the sum of two hundred dollars: and
provided also, that such land shall not derive its chief value from
other cause than its adaptation to agricultural purposes; or, in
lieu of the above land, real estate in a city, town, or village, not
exceeding five hundred dollars in value; one farm horse or mule ;
one cow and calf; ten head of hogs, fifty dollars' worth provisions,
and five dollars' worth of additional for each child; beas, bedding
and common bedsteads sufficient for the family; one loom, one
spinning wheel and two pairs of cards, and one hundred pounds
lint cotton; common tools of trade of himself and his wife;
equipments and arms of a militia soldier, and troopers' horse ; or¬
dinary cooking utensils and table crockery; wearing apparel of
himself and family; family bible, religious works and school
books; family portaits; the library of a professional man, in ac¬
tual practice or business, not exceeding tnree hundred dollars in
value, and to be selected by himself.
[Note,—Sections 2041, 2042, 2043 set forth the mode of obtaining
exemptions, how the land is laid off, and in what manner objec¬
tions, if any, shall be tried.]
Sec. 2044. If the debtor owns town property exceeding in value
the sum of five hundred dollars, and it cannot be so divided as to
give his family that amount, he may give notice to the officer
levying thereon, and when the proceeds of the sale are to be dis¬
tributed the court shall order five hundred dollars of the same to
be invested by some proper person in a home for the family pf the
debtor, which shall be exempt as laid off under this law.
[Note.—Sections 2045 ana 2046 refer to sale ot the preceding (if
not laid off) subject to incumbrance, and to trespass by an officer
of the law levying oh such exempted property.]
Sec. 2047. The debtor shall have no power to alienate or en¬
cumber the property exempt under this law ; but the same may
be sold by the debtor and his wife, if any, jointly, with the con¬
sent of the [Ordinary] of the county, the proceeds to go to the use
of the debtor's family.
[Repealed in 1876, with section 2048.]
[Note.—Sections 2048 and 2049 set forth that the property so
exempted shall be for the use of the wife or widow, and at her
death or intermarriage, to be equally divided among the living
children of her former marriage; and, also, that these exemptions
shall extend to insolvent estates, where a widow or child of the
deceased is living.]
The amendatory acts referred to in section 4 of the new consti¬
tution are as follows, and may be found in " Georgia Laws, 1876,"
No. LIX., page 50:
Sec. 10. Beit further enacted. That sections 2047 and 2048 of the
Code of 1873 be and the same are hereby repealed, and in lieu of
the same, that the provisions of this act as to the duration and
quality of exempted property, and the mode of selling the same,
and for what debts, shall apply and control property set apart
under and by virtue of laws in existence before the act of 1868.
Sec. 11. Repeals conflicting laws.
Approved February 26,1876.
Also, in Georgia laws, 1876, No. XLII., page 35, the following
act, amendatory of section 2040, may be found:
4 SUPPLEMENTAL MATTER.
Sec. 1. Be it enacted, etc., That section 2040 of the Code of 1878
be and the same is hereby amended by adding to the list of articles
exempted from levy and sale under the provisions of said section
one family sewing machine, and this exemption shall exist wheth¬
er the person owning said machine is the head of a family or not,
and shall be good against all debts, except purchase money.
Sec. 2. Repeals conflicting laws.
Approved February 19,1876.
CONSTITUTION OF 1868.
PREAMBLE TO THE CONSTITUTION.
We, the people of Georgia, in order to form a permanent Gov¬
ernment, establish justice, insure domestic tranquility, and secure
the blessings of liberty to ourselves and our posterity, acknowledg¬
ing and invoking the guidance of Almighty God, the author of all
good government, do ordain and establish this Constitution for the
State of Georgia.
Constitution of the State of Georgia,
ARTICLE I.
Declaration op Fundamental Principles.
Section I. Protection to person and property is the paramount
duty of Government, and shall be impartial and complete.
Sec. II. All persons born, or naturalized, in the United States,
and resident in this State, are hereby declared citizens of this
State, and no laws shall be made or enforced which shall abridge
the privileges or immunities of citizens of the United States, or of
this State, or deny to any person within its jurisdiction the equal
protection of its laws. And it shall be the duty of the General
Assembly, by appropriate legislation, to protect every person in
the due enjoyment of the rights, privileges and immunities guar¬
anteed in this section.
Sec. III. No person shall be deprived of life, liberty or property,
except by due process of law.
Sec. IV. There shall be within the State of Georgia neither
slavery nor involuntary servitude, save as a punishment for crime
after legal conviction thereof.
Sec. V. The right of the people to appeal to the Courts, to peti¬
tion Government on all matters, and peaceably to assemble for
the consideration of any matter, shall never be impaired.
Sec. VI. Perfect freedom of religious sentiment shall be, and
the same is hereby, secured, and no inhabitant of this State shall
ever be molested in person or property, or prohibited from holding
any public office or trust on account of his religious opinion; but
the liberty of conscience, hereby secured, shall not be so construed
as to excuse acts of licentiousness, or justify practices inconsistent
with the peace or safety of the people.
6
constitution of 1868.
Sec. VII. Every person charged with an offense against the
laws, shall have the privilege and benefit of counsel; shall be fur¬
nished on demand, with a fcopy of the accusation and a list of the
witnesses on whose testimony the charge against him is founded;
shall have compulsory process to obtain the attendance of his own
witnesses; shall be confronted with the witnesses testifying against
him, and shall have a public and speedy trial by an impartial jury.
Sec. VIII. No person shall be put in jeopardy of life or liberty
more than once for the same offense, save on his or her own mo¬
tion for a new trial, after conviction, or in case of mistrial.
Sec. IX. Freedom of speech and freedom of the press are inher¬
ent elements of political liberty; but while everv citizen may
freely speak, or write, or print on any subject, he snail be respon¬
sible for the abuse of the liberty.
Sec. X. The right of the people to be secure in their persons,
houses, papers and effects, against unreasonable searches and seiz¬
ures, shall not be violated; and no warrant shall issue but upon
probable cause, supported by oath, or affirmation, particularly de¬
scribing the place, or places, to be searched, and the person, or
things, to be seized.
Sec. XI. The social status of the citizen shall never be the sub¬
ject of legislation.
Sec. XII. No person shall be molested for his opinions, or be
subject to any civil or political incapacity, or acquire any civil or
political advantage in consequence of such opinions.
Sec. XIII. The writ of habeas corpus shall not be suspended,
unless in case of rebellion or invasion, the public safety may re¬
quire it.
Sec. XIV. A well regulated militia being necessary to the secu¬
rity of a free people, the right of the people to keep and bear arms
shall not be infringed; but the General Assembly shall have power
to prescribe by law the manner in which arms may be borne.
Sec. XV. The punishment of all frauds shall be provided by law.
Sec. XVI. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishment inflicted, nor
shall any person be abused in being arrested, whilst under arrest,
or in prison.
Sec. XVII. The power of the courts to punish for contempt
shall be limited by legislative acts.
Sec. XVIII. There shall be no imprisonment for debt.
Sec. XIX. In all prosecutions or indictments for libel, the truth
may be given in evidence, and the jury shall have the right to de¬
termine the law and the facts.
Sec. XX. Private ways may be granted upon just compensation
being paid by the applicant.
Sec. XXI, All penalties shall be proportioned to the nature of
the offense.
Sec. XXII. Whipping, as a punishment for crime, is prohibited.
Sec. XXIII. No lottery shall be authorized, or sale of lottery
tickets allowed in this State, and adequate penalties for such sale
shall be provided by law.
Sec. XXIV. No conviction shall work corruption of blood, and
CONSTITUTION OF 1868. 7
no conviction of treason shall work a general forfeiture of estate
onger than during the life of the person attainted.
Sec. XXV. Treason against the state of Georgia shall consist on¬
ly 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 be convicted of treason except on the testimony of
two witnesses to the same overt act, or his own confession in open
court.
Sec. XXVI. Laws shall have a general operation, and no gen¬
eral law, affecting private rights, shall be varied, in any particu¬
lar case, by special legislation, except with the free consent, in
writing, of all persons to be affected thereby; and no person under
legal disability to contract is capable of such free consent.
Sec. XXVII. The power of taxation over the whole State shall
be exercised by the General 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 valorem only, and
uniform on all species of property taxed.
Sec. XXVIII. The General Assembly may grant the power of
taxation to county authorities and municipal corporations, to be
exercised within their several territorial limits.
Sec. XXIX. No poll tax shall be levied except for educational
purooses, and such tax shall not exceed one dollar annually on
each poll.
Sec. XXX. Mechanics and laborers shal have liens upon the
property of their employers for labor performed or materials fur¬
nished, and the Legislature shall provide for the summary enforce¬
ment of the same.
Sec. XXXI. The Legislative, Executive and Judicial Depart¬
ments shall be distinct; and each department shall be confided to
a separate body of magistracy. No person, or collection of per¬
sons, being of one department, shall exercise any power properly
attached to either of the others, except in cases herein expressly
provided for.
Sec. XXXII. Legislative acts in violation of this Constitution,
•or the Constitution of the United States, are void, and the Judi¬
ciary shall so declare them.
Sec. XXXIII. The State of Georgia shall ever remain a mem¬
ber of the American Union; the people thereof are a part of the
American Nation: every citizen thereof owes paramount alle¬
giance to the Constitution and Government of the United States,
And no law or ordinance of this State, in contravention or subver¬
sion thereof, shall ever have any binding force.
ARTICLE II.
franchises and elections.
Section. 1. In all elections, by the people, the electors shall
"vote by ballot.
Sec. II. Every male person, born in the United States, and
every male person who has been naturalized, or who has legally
•declared his intention to become a citizen of the United States
twenty-one years old, or upward, who shall have resided in this
8
CONSTITUTION OF 1868.
State six months next preceding the election, and shall have re¬
sided thirty days in the county in which he offers to vote, and
shall have paid all taxes which may have been required of him,
and which he may have had an opportunity of paying, agreeably
to law, for the year next preceding the election (except as herein¬
after provided), shall be deemed an elector; and every male citizen
of the United States, of the age aforesaid (except as hereinafter
provided), who may be a resident of the State at the time of the
adoption of this Constitution, shall be deemed an elector, and shall
have all the rights of an elector, as aforesaid: Provided, That no
soldier, sailor or marine in the military or naval service of the
United States, shall acquire the rights of an elector by reason of
being stationed on duty in this State; and no person shall vote,
who, if challenged, shall refuse to take the following oath : " I do
swear that I have not given, or received, nor do I expect to give,
or receive, any money, treat, or other thing of value, by which
my vote, or any vote, is affected, or expected to be affected, at this
election ; nor have I given, or promised any reward or made any
threat by which to prevent any person from voting at this-
election."
Sec. III. No person convicted of felony or larceny before any
court of this State, or of, or in, the United States, shall be eligible
to any office or appointment of honor or trust within this State,
unless he shall have been pardoned.
Sec. IV. No person who is the holder of any public moneys
shall be eligible to any office in this State, until the same is ac¬
counted for and paid into the Treasury.
Sec. V. No person who, after the adoption of this Constitution,
being a resident of this State, shall engage in a duel in this State,
or elsewhere, or shall send or accept a challenge, or be aider or
abettor to such duel, shall vote or hold office in this State ; and
every such person shall, also, be subject to such punishment as the
law may prescribe.
Sec. VI. The General Assembly may provide, from time to time,
for the registration of all electors, but the following classes of per¬
sons shall not be permitted to register, vote, or hold office: First,
Those who shall have been convicted of treason, embezzlement of
public funds, malfeasance in office, crime punishable by law with
imprisonment in the Penitentiary, or bribery. Second, idiots or
insane persons.
Sec. VII. Electors shall, in all cases except treason, felony, or
breach of the peace, be privileged from arrest for five days be¬
fore an election, during the election, and two days subsequent
thereto.
Sec. VIII. The sale of intoxication liquors on days of election
is prohibited.
Sec. IX. Returns of election for all civil officers elected by the
people, who are to be commissioned by the Governor, and, also,
for the members of the General Assembly, 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 before, during and subsequent to elections.
Sec. XI. The election of Governor, members of Congress, and
of the General Assembly, after the year 1868, shall commence on
CONSTITUTION OF 1868. 9
the Tuesday after the first Monday in November, unless otherwise
provided by law.
ARTICLE III.
Legislative—Section I.
I. The Legislative power shall be vested in a General Assembly,
which shall consist of a Sen ate and House of Representatives, and
until otherwise directed, the members thereof, after the first elec¬
tion, shall be elected, and the returns of the election made as now
prescribed by law.
II. The members of the Senate shall be elected for four years,
except that the members elected at the first election from the
twenty-two Senatorial Districts numbered in this Constitution
with odd numbers, shall only hold their office for two years. The
members of the House of Representatives shall be elected for two
years. The election for members of the General Assembly shall
begin on Tuesday after the first Monday in November of every
second year, except the first election, which shall be within sixty
days after the adjournment of this Convention; but the General
Assembly may by law change the time of election, and the mem¬
bers shall hold until their successors are elected ana qualified.
III. The first meeting of the General Assembly shall be within
ninety days after the adjournment of this Convention, after which
it shall meet annually on the second Wednesday in January, or on
such other day as the General Assembly may prescribe. A ma¬
jority of each House shall constitute a quorum to transact busi¬
ness, but a smaller number may adjourn from day to day and
compel the piesence of its absent members as each House may
provide. No session of the General Assembly, after the second,
under this Constitution, shall continue longer than forty days,
unless prolonged by a vote of two-thirds of each branch thereof.
IV. No person holding a Military Commission, or other appoint¬
ment or office, having any emolument or compensation annexed
thereto, under this State or the United States, or either of them,
except'Justices of the Peace and officers of the Militia, nor any
defaulter for public money, or for any legal taxes required of him,
shall have a seat in either House; nor shall any Senator or Repre¬
sentative, after his qualification as such, be elected by the General
Assembly or appointed by the Governor, either with or without
the advice and consent of the Senate, to any office or appointment,
having any emolument annexed thereto, during the time for which
he shall have been elected.
V. The seat of a member of either House shall be vacated on
his removal from the District from which he was elected.
Section II.
I. There shall be Forty-Four Senatorial Districts in this State,
composed each, of three contiguous counties, from each of which
Districts one Senator shall be chosen. Until otherwise arranged,
as hereinafter provided, the said Districts shall be constituted as
follows;
The First District of Chatham, Bryan and Effingham.
jO CONSTITUTION OF 1868.
The Second District of Liberty, Tatnall and Mcintosh.
The Third District of Wayne, Pierce and Appling.
The Fourth District of Glynn, Camden and Charlton.
The Fifth District of Coflee, Ware and Clinch.
The Sixth District of Echols, Lowndes and Berrien.
The Seventh District of Brooks, Thomas and Colquitt.
The Eighth District of Decatur, Mitchell and Miller.
The Ninth District of Early, Calhoun and Baker.
The Tenth District of Dougherty, Lee and Worth.
The Eleventh District of Clay, Randolph and Terrell.
The Twelfth District of Stewart, Webster and Quitman.
The Thirteenth District of Sumter, Schley and Macon.
The Fourteenth District of Dooly, Wilcox and Pulaski.
The Fifteenth District of Montgomery, Telfair and Irwin.
The Sixteenth District of Laurens, Johnson and Emanuel.
The Seventeenth District of Bullock, Scriven and Burke.
The Eighteenth District of .Richmond, Glascock and Jefferson.
The Nineteenth District of Taliaferro, Warren and Greene.
.The Twentieth District of Baldwin, Hancock and Washington.
The Twenty-First District of Twiggs, Wilkinson and Jones.
The Twenty-Second District of Bibb, Monroe and Pike.
The Twenty-Third District of Houston. Crawford and Taylor.
The Twenty-Fourth District of Marion, Chattahoochee and
Muscogee.
The Twenty-Fifth District of Harris, Upson and Talbot.
The Twenty-Sixth District of Spalding, Butts and Fayette.
The Twenty-Seventh District of Newton, Walton and Clarke.
The Twenty-Eighth District of Jasper, Putnam and Morgan.
The Twenty-Ninth District of Wilkes, Lincoln and Columbia.
The Thirtieth District of Oglethorpe, Madison and Elbert.
The Thirty-First District of Hart, Franklin and Habersham.
The Thirty-Second District of Wnite, Lumpkin and Dawson.
The Thirty-Third District of Hall, Banks and Jackson.
The Thirty-Fourth District of Gwinnett, DeKalb and Henry.
The Thirty-Fifth District of Clayton, Fulton and Cobb.
The Thirty-Sixth District of Meriwether, Coweta and Campbell.
The Thirty-Seventh District of Troup, Heard and Carroll.
The Thirty-Eighth District of Haralson, Polk and Paulding.
The Thirty-Ninth District of Cherokee, Milton and Forsyth.
The Fortieth District of Union, Towns and Rabun.
The Forty-First District of Fannin, Gilmer and Pickens.
The Forty-Second District of Bartow, Floyd and Chattooga.
The Forty-Third District of Murray, Whitfield and Gordon.
The Forty-Fourth District of Walker, Dade and Catoosa.
If a new 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 District may be changed by the General
Assembly, but only at the first session after the publication of
each census by the United States Government, and their number
shall not be increased.
II. The Senators shall be citizens of the United States, who have:
attained the age of twenty-five years, and who. after the first elec¬
tion under this Constitution, shall have been citizens of this State
for two years, and for one year resident of the District from which
elected.
III. The Presiding Officer of the Senate shall be styled thePres-
CONSTITUTION OF 1868. 11
ident of the Senate, and shall be elected viva voce from the Sen¬
ators.
IV. The Senate shall have the sole power to try impeachments.
When sitting for that purpose the members shall be on oath or
affirmation, and shall be presided over by one of the Judges of the
Supreme Court, selected for that purpose by a viva voce vote of the
Senate; and no person shall be convicted .without the concurrence
of two-thirds of the members present. Judgments in cases of im¬
peachment shall not extend further than removal from office and
disqualification to hold and enjoy any office of honor, trust or
{>ront within this State; but the party convicted shall, neverthe-
ess, be liable and subject to indictment, trial, judgment and pun¬
ishment according to law.
Section III.
I. The House of Representatives shall consist of one hundred
and seventy-five Representatives, appointed as follows: To the
six largest Counties, to-wit: Chatham, Richmond, Fulton, Bibb,
Houston and Burke, three Representatives each; to the thirty-
one next largest, to-wit: Bartow, Columbia, Cobb, Coweta, Clarke,
Decatur, Dougherty, Floyd, Gwinnett, Greene, Hancock, Harris,
Jefferson, Lee, Muscogee, Monroe, Meriwether, Morgan, Macon,
Newton, Oglethorpe, Pulaski, Randolph, Sumter, Stewart, Troup,
Thomas, Talbot, Washington, Wilkes, and Warren, two Repre¬
sentatives each; and to the remaining ninety-five counties, one
Representative each.
H. The above apportionment may be changed by the General
Assembly after each census by the United States Government,
but in no event shall the aggregate number of Representatives be
increased.
III. The Representatives shall be citizens of the United States
who have attained the age of twenty-one years, and who, after
the 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 from the body.
V. The House of Representatives shall have the sole power to
impeach all persons who shall have been or may be in office.
VI. All bills for raising revenue, or appropriating money, shall
originate in the House of Representatives, but the Senate may
propose or concur in amendments as in other bills.
Section IV.
I. Each House shall be the judge of the election returns, and
Sualifications of its members, ana shall have power to punish
lem for disorderly behavior or misconduct, by censure, fine, im¬
prisonment, or expulsion ; but no member shall be expelled, ex¬
cept by a vote of two-thirds of the House from which he is ex¬
pelled.
H. Each House may punish, by imprisonment, not extending
12
CONSTITUTION OF 1868.
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 going to, or returning therefrom, or who
shall rescue, or attempt to rescue, any person arrested by order of
either House.
III. The members of both Houses shall be free from arrest dur¬
ing their attendance on the General Assembly, and in going to or
returning therefrom, except for treason, felony, larceny, or breach
of the peace; and no member shall be liable to answer in any
other place for anything spoken in debate in either House.
IV. Each House shall keep a Journal of its proceedings, and
publish it immediately after its adjournment. The yeas and nays
of the members on any question shall, at the desire of one-fifth of
the members present, be entered on the Journal. The original
Journal shall be preserved, in the office of Secretary of State, but
there shall be no other record thereof.
V. Every bill, before it shall pass, shall be read three times, and
on three separate days, in each House, unless in cases of actual in¬
vasion 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.
VI. All acts shall be signed by the President of the Senate and
the Speaker of the House of Representatives; and 110 bill, ordi¬
nance, or resolution, intending to have the effect of a law, which
shall have been rejected by either House, shall be again proposed
during the same session, under the same or any other title, with¬
out the consent of two-thirds of the House by which the same was
rejected.
VII. Neither House shall adjourn for more than three days, nor
to any other place, without the consent of the other; and in case
of disagreement between the two Houses on a question of adjourn¬
ment, the Governor may adjourn either or both of them.
VIII. The officers of the two Houses, other than the President
and Speaker, shall be a Secretary of the Senate, and Clerk of the
House, and an Assistant for each; a Journalizing Clerk, two En¬
grossing and two Enrolling Clerks for each House, and the num¬
ber shall not be increased except by a vote of the House; and their
pay, as well as the pay and mileage of members, shall be fixed by
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 entered on the Jour¬
nal, and all votes on confirmations, or refusals to confirm nomina¬
tions to office by the Governor, shall be by yeas and nays, and the
yeas and nays shall be recorded on the Journal.
X. Every Senator, or Representative, before taking his seat,
shall take an oath, or affirmation, to support the Constitution of
the United States, and of this State, that he has not practiced any
unlawful means, directly or indirectly, to procure his election, and
that he has not given, 01* offered, or promised, or caused to be
given, or offered, or promised, to any person, any money, treat, or
thing of value, with intent to affect any vote, or to prevent any
person voting at the election at which he was elected.
CONSTITUTION OF 1868.
13
Section V.
I. The General Assembly shall have power to make all laws and
ordinances, consistent with this Constitution, and not repugnant
to the Constitution of the United States, which they shall deem
necessary and proper for the welfare of the State.
II. The General Assembly may alter the boundaries of, or lay
off and establish new counties, 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 county be abolished except by a vote of two-thirds of each
House, and after the qualified voters of the county shall, at an
election held for that purpose, so decide.
Section VI.
I. No money shall be drawn from the Treasury except by appro¬
priation made by law, and a regular statement and account of the
receipt and expenditure of all public money shall be published
from time to time, and, also, with the laws passed by each session
of the General Assembly.
H. No vote, resolution, law, or order, shall pass, granting a do¬
nation, or gratuity, in favor of any person, except by the concur¬
rence of two-thirds of each branch of the General Assembly; nor,
by any vote, to a sectarian corporation or association.
ni. No law or section of the Code shall be amended or repealed
by mere reference to its title, or to the number of the section in
the Code, but the amending or repealing act shall distinctly and
fully describe the law to be amended or repealed, as well as the
alteration to be made; but this clause shall be construed as direc¬
tory only to the General Assembly.
IV. No law shall be passed by which a citizen shall be com¬
pelled, against his consent, directly or indirectly, to become a
stockholder in, or contribute to, any railroad or work of public im¬
provement, except in the case of the inhabitants of a corporate
town or city. In such cases, the General Assembly may permit
the corporate authorities to take such stock, or make such contri¬
bution, or engage in such work, after a majority of the qualified
voters of such town or city, voting at an election held for the
purpose, shall have voted in favor of the same, but not otherwise.
V. The General Assembly shall have no power to grant corporate
powers and privileges to private companies, except to Banking,
Insurance, Railroad, Canal, Navigation, Mining, Express, Lumber,
Manufacturing and Telegraph Companies; nor to make, or to
change election precincts; nor to establish Bridges or Ferries; nor
to change names of legitimate children; but it shall prescribe, by
law, the manner in which such powers shall be exercised by the
Courts. But no charter for any Bank shall be granted, or extended,
and no Act passed authorising the suspension of specie payments
by anv Bank, except by a vote of two-thirds of the General Assem¬
bly. The General Assembly shall pass no law making the State a
stockholder in any corporate company; nor shall the credit of the
State be granted, or loaned, to aid any company without a pro¬
vision that the whole property of the company shall be bound for
14
CONSTITUTION OF 1868.
the security of the State, prior to any other debt, or lien, except to
laborers; nor to any company in which there is not already aa
equal amount invested by private persons; nor for any other object
than a work of public improvement. No provision in this Consti.
tution for a two-thirds vote of both Houses of the General Assem-
bly shall be construed to waive the necessity 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 IV.
Executive—Section I.
I. The Executive power shall be vested in a Governor, who shall
hold his office during the term of four years, and until such time
as a successor shall be chosen and qualified. He shall have a
competent salary established by law, which shall not be increased,
or diminished, during the period for which he shall have been
elected; nor shall he receive, within that period, any other
emolument from the United States, or either of them, or from any
foreign power.
II. After the first election, the Governor shall be elected quad¬
rennially, by the persons qualified to vote for members of the
General Assembly, on the Tuesday after the first Monday in
November, until such time be altered by law, which election shall
be held at the places of holding general elections in the several
counties of this State, in the same manner as is prescribed for the
election of members of the General Assembly. The returns for
every election of Governor, after the first, shall be sealed up by the
Managers, separately from other returns, and directed to the
President of the Senate and Speaker of the House of Representa¬
tives, and transmitted to his Excellency, the Governor, or the
person exercising the duties of Governor for the time being, who
shall, without opening the said returns, cause the same to be laid
before the Senate, on the day after the two Houses shall have been
organized; and they shall be transmitted by the Senate to the
House of Representatives. The members of each branch of the
General Assembly shall convene in the Representative Hall, and
the President of the Senate and the Speaker of the House of Rep¬
resentatives shall open and publish the returns in the presence of
the General Assembly ; and the person having the majority of the
whole number of votes given^shall be declared duly elected Gov¬
ernor of this State; but if no person have such majority, then from
the two persons having the highest number of votes, who shall be
in life, and shall not decline an election at the time appointed for
the Legislature to elect, the General Assembly shall immediately
elect a Governor viva voce; and in all cases of election of a Gov¬
ernor by the General Assembly, a majority of the votes of the
members present shall be necessary for a choice. Contested elec¬
tions shall be determined by both Houses of the General Assembly,
in such manner as shall be prescribed by law.
III. No person shall be eligible to the office of Governor who
shall not have been a citizen of the United States fifteen years, and
a citizen of this State six years, and who shall not have attained
the age of thirty years.
IV. In case of the death, resignation or disability of the Gov-
CONSTITUTION OF 1868. 15
enor, the President of the Senate shall exercise the Executive
powers of the Government until such disability be removed, or a
successor is elected and qualified. And in case of the death, resig¬
nation or disability of the President of the Senate, the Speaker of
the House of Representatives shall exercise the Executive powers
of the Government until the removal of the disability 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.
V. The Governor shall, before he enters on the duties of his
office, take the following oath or affirmation: "I do solemnly
swear (or affirm, as the case may be,) that I will faithfully execute
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 H.
I. The Governor shall be the Commander-in-Chief of the Army
and Navy of this State and of the Militia thereof.
II. He shall have power to grant reprieves and pardons, to com¬
mute penalties, and to remit any part of a sentence for offenses
against the State, except in cases of impeachment.
HI. He shall issue writs of election to fill all vacancies that happen
in the Senate, or House of Representatives, and shall have power
to convoke the General Assembly on extraordinary occasions, and
shall give them, from time to time, information of the state of the
Commonwealth, and recommend to their consideration aucli
measures as he may deem necessary and expedient.
IY. When any office shall be become vacant by death, resignation, or
otherwise, the Governor shall have power to fill such vacancy, unless
otherwise provided by law ; and persons so appointed shall continue in
office until a successor is appointed agreeably to the mode pointed out by
this Constitution, or by law, in pursuance thereof.
Y. A person once rejected by the Senate shall not be re-appointed by
the Governor to the same office during the eame session, or the recess
thereafter.
VI. The Governor shall have the revision of all bills, passed by both
Houses, before the same shall become laws, but two-thirds of each House
may pass a law, notwithstanding his dissent, and if any bill should not
be returned by the Governor within five days (Sunday excepted) after it
has been presented to him, the same shall be a law, unless the General
Assembly, by their adjournment, shall prevent its return. He may
appiove 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.
VII. Every vote, resolution, or order, to which the concurrence of both
Houses may be necessary, except on a question of election or adjournment,
shall be presented to the Governor, and, before it shall take effect, be
approved by him ; or being disapproved, shall be re-passed by two-thirds
of each House, according to the rules and limitations prescribed in case
of a bill.
VHI. There shall be a Secretary of State, a Comptroller General, a
Treasurer and Surveyor General, elected by the Genei al Assembly, and
they shall hold their offices for the like period as the Governor, and shall
have a competent salary, which shall not be increased, or diminished,
daring the period for which they shall have been elected. The General
16
CONSTITUTION OF 1868.
Assembly may, at any time, consolidate any two of these offices, and
require all the duties to be discharged by one officer.
IX. The Great Seal of the State shall be deposited in the office of the
Secretary of State, and shall not be affixed to any instrument of writing
but by order of the Governor, or General Assembly; and that now in use
shall be the Great Seal of the State until otherwise provided by law.
X. The Governor shall have power to appoint his own Secretaries,
not exceeding two in number, unless more shall be authorized by the
General Assembly.
ARTICLE Y.
Judiciaby—Section I.
I. The Judicial Powers of this State shall be vested in a Supreme Court,
Superior Courts, Courts of Ordinary, Justices of the Peace, Commissioned
Notaries Public, and such other Courts as have been or may be established
by law.
Section II.
I. The Supreme Court shall consist of three Judges, two of whom shall
constitute a quorum. When a majority of the Judges are disqualified
from deciding any case, by interest or otherwise, the Governor shall
designate certain Judges of the Superior Courts to sit in their stead. At
the first appointment 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 unexpired terms, shall be for the term of twelve years.
II. The Supreme Court shall have no original jurisdiction, but shall be
a Court alone for the trial and correction of errors from the Superior
Courts, from the City Courts of Savannah and Augusta, and such other
like Courts as may be hereafter established in other cities; and shall sit
at the seat of Government at such times in 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 Circuits and City Courts shall be taken up by the Court shall be
fixed by law.
III. The Supreme Court shall dispose of every case at the first or
second term after such writ of error is brought; and in case the plaintiff
in error shall not be prepared at the first 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 may,in
its discretion, withhold its judgment until the next term after the same
is argued.
IV. When only two Judges sit in any case, and they disagree, the
judgment below shall stand affirmed.
Section III.
I. There shall be a Judge of the Superior Courts for each Judicial
Circuit. He may act in other Circuits when authorized by law. At the
first appointment ol such Judges under this Constitution, one-half of the
number (as near as may be) shall be appoiuted for four years, and the
other half for eight years; but all subsequent appointments, except to fill
unexpired terms, shall be lor the term of eight years.
CONSTITUTION OF 1868. 17
II. The Superior Courts shall have exclusive jurisdiction in cases of
divorce; in criminal cases, where the offender is subjected to loss of life
or confinement in the Penitentiary; in cases respecting titles to land and
equity cases-, except as hereinafter provided; but the General Assembly
shall have power to merge the Common Law and Equity Jurisdiction of
said Courts. Said Courts shall have jurisdiction in all other civil cases,
except as hereinafter provided. They shall have appellate jurisdiction in
all such cases as may be provided by law. They shall have power to
correct errors in Inferior Judicatories, by writ ot certiorari, which shall
only issue on the sanction of the Judge; and to issue writs of mandamus,
prohibition, scire facias, and all other writs that may be necessary for
carrying their powers fully into efiect, and shall have such other powers
as shall be conferred on tnem by law.
III. There shall be no appeal from one jury in the Superior
Courts to another; but the Courts may grant new trials on legal
grounds. The court shall render judgment without the verdict of
a jury in all civil cases, founded on contract, where an issueable
defense is not filed on oath.
IV. The Superior Courts shall sit in each county not less than
twice in each year, at such times as have been, or may be, ap¬
pointed by law.
Section IV.
I. Until the General Assembly shall otherwise direct, there shall
be a District Judge and a District Attorney for each Senatorial
District in this State.
II. The District Judge shall have jurisdiction to hear and deter¬
mine all offenses not punishable with death or imprisonment in
the penitentiary • and it shall be the duty of the District Attorney
to represent the State in all cases before the District Judge.
III. The District Judge shall sit at stated times, not less than
once in each month in each county in his District, for the trial of
offenses, and at such other times as the General Assembly may
direct.
IV. Offenses shall be tried before the District Judge on a written
accusation, founded on affidavit; said accusation shall plainly set
forth the offense charged, and shall contain the name of the ac¬
cuser, and be signed by the District Attorney.
V. There shall be no jury trial before the District Judge, except
when demanded by the accused, in which case the jury shall con¬
sist of seven.
VI. Such civil jurisdiction may be conferred on the District
Judges as the General Assembly may direct.
Vil. The District 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 Districts, as may be pro¬
vided by law, but in no event shall their compensation be in any¬
wise dependent on fines, forfeitures, or costs.
Section V.
I. The powers of a Court of Ordinary, and of Probate, shall be
vested in an Ordinary for each county, from whose decision there
may be an appeal to the Superior Court, under regulations pre¬
scribed by law.
3
18
CONSTITUTION OF 1868.
II. The Courts of Ordinary shall have such power in relation
to roads, bridges, ferries, public buildings, paupers, county officers,
county funds and taxes, and other matters as shall be conferred on
them by law.
III. The Ordinary shall hold his office for the term of four years,
and until his successor is elected and qualified.
Section VI.
I. There shall be in each District one Justice of the Peace, whose
official term, except when elected to fill an unexpired term, shall
be four years.
II. Tlie Jus'.ices of the Peace shall have jurisdiction, except as herein-
after 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 of
such cases ; but in cases where the sum claimed is more than fifty dollars,
there may be an appeal to the Superior Court, under such regulations as
may be prescribed by law.
III. There shall be no appeal to a jury from the decision of a. Justice
of the Peace, except as provided in the loregoing paragraph.
IV. Notaries Public may he appointed and commissioned by the Gov¬
ernor, not to exceed one for each Militia District, for a term[of four years,
and shall be ex officio Justices of the Peace.
Section VII.
I. There shall be an Attorney General of the State, whose official term,
except when appointed to fill an unexpired term, shall be four years.
II. It shall be the duty of the Attorney General to act as the legal ad¬
viser of the Executive Department, to represent the State iu all civil and
cr iminal cases in the Supreme and Superior Courts, when required by
the Governor, and to perform such other services as shall,be required of
hm by 1 aw.
Section VIII.
I. There shall be a S dicitor General for each Judicial 'Circuit, whost
official term, except when appointed to fill an unexpired term, shall b<
four yeais.
II. It shall be the duty of the Solicitor General to represent the State
in all cases in the Superior Court in his Circuit, aud iu all cases taken up
from his Circuit to the Supreme Court, and to peform such other service)
as shall b.: required of him by law.
Section IX.
I. The Judges of the Supreme and the Superior Courts, the Attorney
General, Solicitors General, District Judges, and Attorneys shall be
pointed 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
e?.ch branch of the General Assembly, or by impeachment and convictioB
thereon.
II. 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. The Judges of the Supreme and Superior Courts, and Jhe Attorn^
CONSTITUTION OF 1868.
19
and Solicitors General shall have, out of the State Treasury, adequate and
honorable salaries on the specie basis, which shall not be increased or
diminished during their continuance in office. The District Judges and
District Attorneys shall receive, out of the Treasuries of the several
Counties of their District, adequate compensation, on the specie basis,
which shall not be 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 ot any duty required of
them.
II. The General Assembly shall provide for the equitable apportionment
of the compensation of the District Judges and Attorneys between the
Counties composing their Districts, and shall require the moneys arising
from^-fines and forfeitures in the District Courts to be paid into the
Treasuries thereof.
III. No person shall be Judge of the Supreme or Superior Courts, br
Attorney General, unless at the time of his appointment he shall have
attained the age of thirty years, and shall have been a citizen of this State
three years, and have practiced law for seven years.
Section XI.
I. No total divorce shall be granted except on the concurrent verdicts
of two juries. When a divorce is granted, the jury rendering the final
verdict shall determine the rights and disabilities of the partie*, subject
to the revision of the Court.
Section XII.
I. Divorce cases shall be tried in the county where the defendant re¬
sides, if a resident of this State.
II. Criminal cases shall be tried in the County where the crime was
committed, except cases in the Superior Courts, when the presiding
Judge is satisfied that an impartial Jury cannot be obtained in such
County.
III.: Cases respecting titles to land shall be tried in the County where
the land lies, except where a single tract is divided by a County line, in
which case the Superior Court ot either County shall have jurisdiction.
IV. Equity cases shall be tried in the County where a defendant resides
against whom substantial relief is prayed.
V. Suits against joint obligors, joint promissors, co-partners, or joint
trespassers residing in different Counties may be tried in either County.
VI. Suits against the maker or indorser of promissory notes, or other
like instruments, residing in different Counties, shall be tried in the
County where the maker resides.
VII. All other cases shall be tried in the County where tbe defendant
resides.
Section XIII.
I. The right of trial by jury, except where it is otherwise provided in
this Constitution, shall remain inviolate.
II. The General Assembly shall provide by law for the selection of
upright and intelligent persons to serve as Jurors. There shall be no
distinction between the classes of persons who compose grand and petit
juries. Jurors shall receive adequate compensation for their services, to
be prescribed by law.
20
CONSTITUTION OF 1868.
Section XIV.
I. The Courts heretofore existing in this State, styled Inferior Courts,
are abolished, and their unfinished business and the duties of the Justices
thereof are transferred to such tribunals as the General Assembly may
designate.
Section XY.
I. The General Assembly shall have power to provide for the creation
of County Commissioners in such Counties as may require them, and to
define their duties.
Section XVI.
I. All Courts not specially mentioned by name in the first section o
this Article, may be abolished in any County, at the discretion of th
General Assembly, and the County Courts now existing in Georgia ar
hereby abolished.
Section XYII.
I. No Court in this State shall have jurisdiction to try or determine
any suit against any resident of this State upon any contract or agree¬
ment made or implied, or upon any contract made in renewal ot any debt
existing prior to the first day of June, 1865 Nor shall any Court or
ministerial officer of this State have authority to enforce anj judgment,
execution or decree rendered or issued upon any contract or agreement
made or implied, or upon any contract in renewal of a debt existing prior
to the first day of June, 1865. except in the following cases :
1. In suits against trustees where the trust property is in the hands of
the trustee, or has been invested by him in other specific effects now in
his hands, and in suits by the vendor of real estate against the vendee,
where not more than one-third of the purchase money has been paid, and
the vendee is in possession of the land or specificViffects'/orVhich he has
sold it, and he refuses to deliver the land or said effects to the vendor.
In such cases the Courts and officers may entertain jurisdiction and en¬
force judgments against said trust property or land or effects.
2. In suits for the benefit of minors by&trustees appointed before the
first day of June, 1865.
3. In suits against corporations in their corporate capacity, but not, so
as to enforce the debt against the stockholders or officers thereof in their
individual capacity.
4. In suits by charitable or literary institutions tor money loaned,
property—other than^slaves sold; or services renderediby such insti¬
tutions.
5. In suits on debts due for mechanical or manual labor, when the suit
is by the mechanic or laborer.
6. In cases when the debt is set up by way of defense, and the debt set
up exceeds any debt due by defendant to plaintiff of which the Courts
are denied jurisdiction.
7. In all other cases in which the General Assembly shall^by law give
the said Courts and officers jurisdiction: Provided, that no Court or
officer shall have, nor shall the General Assembly give jurisdiction or
authority to try or give judgment on or enforce any debt, the considera¬
tion of which was a slave or slaves, or the hire thereof.
II. All contracts made and not executed during the late rebellion, with
the intention and for the purpose of aiding and encouraging said rebellion,
or where it was the purpose and intention of any one of the parties to
CONSTITUTION OF 1868.
21
such contract to aid and encourage such rebellion, and that fact was
known to the other party, whether said contract was made by any person
or corporation with the State or Confederate States, or by a corporation
with a natural person, or between two or more natural persons, are hereby
declared to have been and to be illegal, and all bonds, deeds, promissory
notes, bills, or other evidences of debt, made or executed by the parties
to such contract, or either of them in connection with such illegal con¬
tract, or as the consideration therefor or in furtherence thereof, are hereby
declared null and void, and shall be so held in all Courts in this State
when attempt shall be made to enforce any such contract, or give validity
to any such obligation or evidence of debt. And in all cases when the
defendant or any one interested in the event of the suit will make the plea,
supported by bis or her affidavit, that he or she has reason to believe that
the obligation or evidence of indebtedness upon which the suit is
predicated, or some part thereof, has been given or used for the illegal
purpose aforesaid, the burden of proof shall be upon the plaintiff to
satisfy the Court and Jury that the bond, deed note, bill or other evidence
of indebtedness upon which said suit is brought, is or are not, nor is any
part thereof, founded upon, or in any way connected with any such
illegal contract, and has not been used in aid of the rebellion, and the
date of such bond, deed, note, bill or other evidence of indebtedness shall
not be evidence that it has, or has not, since its date, been issued, trans¬
ferred or used in aid of the rebellion.
III. It shall be in the power of the General Assembly to assess and
collect upon all debts, judgments, or causes of action when due, founded
on any contract made or implied before the first day of June, 1865, in
the hands of any one in his own right, or as trustee, agent or attorney of
another, on or alter the first day of January, 1868, a tax of not exceeding
25 per cent., to be paid by the creditor on pain of the forfeiture of the
debt, but chargeable by him as to one-half thereof against the debtor, and
collectable with the debt: Provided, that this tax shall not be collected
if the debt or cause of action be abandoned or settled without legal pro¬
cess, or if in judgment be settled without levy and sale : A.nd provided
further, that this tax shall not be levied so long as the Courts of this State
shall not have jurisdiction of such debts or causes of action.
ARTICLE VI.
Education.
I. The General Assembly, at its first session after the adoption of this
Constitution, shall provide a thorough system of general education, to be
forever free to all children of the State, the expense of which shall be
provided for by taxation, or otherwise.
II. The office of Slate School Commissioner is hereby created. He
shall be appointed by the Governor with the consent of the Senate, and
shall hold his office for the same term as the Governor. The General
Assembly shall provide for the said Commissioner a competent salary
and necessary clerks. He shall keep his office at the seat of Govern¬
ment.
III. The poll tax allowed by this Constitution, any educational fund
now belonging to this State—except the endowment of, and the debt due
to the State University—or that may hereafter be obtained in any way,
a special tax on shows and exhibitions, and on the sale of spirituous and
malt liquors—which the General Assembly is hereby authorized to assess
—and the proceeds from the commutation for militia service, are hereby
set apart and devoted to the support of Common Schools. And if th
22
CONSTITUTION OF 1868.
provisions herein made shall, at any time, prove insufficient, the General
Assembly shall have power to levy such general tax upon the property
of the State, as may be necessary for the support of said School System.
And there shall be established, as soon as practicable, one or more Com¬
mon Schools in each School District in this State.
ARTICLE VII.
Section I—Homestead and Exemption.
I. Each head of a family, or guardian, or trustee, of a family of mi-
nor children, shall be entitled to a homestead or realty to the value of
two thousand dollars, in specie, and personal property to the value of
one thousand dollars in specie, both to be valued at the time they are set
apart. And no court, or ministerial officer in this State, shall ever have
jurisdiction, or authority, to enforce any judgment, decree, or execution
against said property so set apart—including such improvements as may
be made thereon, from time to time—except for taxes, money borrowed
and expended in the improvement of the homestead, or for the purchase
money of the same, and for labor done thereon, or material furnished
therefor, or removal of encumbrances thereon. And it shall be the duty
of the General Assembly, as early as practicable, to provide, by law, for
the setting apart and valuation of said property, and to enact laws for
the full and complete protection and security of the same to the sole use
and benefit of said families as aforesaid.
II. All property of the wife, in her possession at the time of her mar¬
riage, and all property given to, inherited, or acquired by her, shall
remain her separate property, and not be liable for the debts ot her
husband.
ARTICLE VIII.
Militia.
I. The Militia shall consist of all able-bodied male persona between
the ages of eighteen and forty-five years, except such as may be exempted
by the laws of the United States or this State; and shall be organized,
officered, armed, equipped, and trained in such manner as,may be pro¬
vided by law; subject to the paramount authority of Congress over this
subject.
II. Volunteer Companies of Cavalry, Infantry, or Artillery, may be
formed in such manner, and with such restrictions, as may be provided
by law.
III. No person conscientiously opposed to bearing arms, shall be
compelled to do Militia duty, but such person shall pay an equivalent
for exemption; the amount to be prescribed by law and appropriated to
the Common School Fund. I
ARTICLE IX.
County Officers.
I. The County officers recognized as existing by the laws of this State
and not abolished by this Constitution, shall, where not otherwise pro
vided for in this Constitution, be elected by the qualified voters of theii
respective counties or districts, and shall hold their offices for two years.
CONSTITUTION OF 1868.
23
They shall be removable on conviction for.malpractice in office, or on
the address of two-thirds of the Senate.
ARTICLE X.
Seat of Government.
I. The seat of government of this State, from and after the date of
the ratification of this Constitution, shall be in the city of Atlanta, and
the General Assembly shall provide for the erection of a new Capitol,
and such other buildings as the pubiic welfare may require. .
II. The General Assembly shall have power to provide for the tem¬
porary removal of the seat of government in case of invasion, pestilence,
or other emergency.
ARTICLE XI.
The Laws of General Operation in force in this State, are?
I. As the Supreme Law: The Constitution of the United States, the
laws of the United States in pursuance thereof, and all treaties .made
under the authority of the United States.
II. As next in authority thereto: this Constitution.
III. In subordination to the foregoing: All acts passed bv any legisla¬
tive body, sitting in this State as such, since the 19th day of January,
1861, including that body of laws known as the Code of Georgia, and
the acts amendatory thereof, as passed since that time, which said Code
and acts are embodied in the printed book known as " Irwin's Code
and also, so much of the Common and Statute Laws of England and of
the Statute Laws of Georgia, as were in force in this State on the 19th
day of December, 1860, as are not superceded by said Code, though not
embodied therein, except so much of tue said several Statutes, Code
and Laws as may be inconsistent with the supreme law herein recog¬
nized, or may have been passed in aid of the late rebellion agaiust the
United States, or may be obsolete, or may refer to persons held in slavery,
which excepted laws are inoperative and void; and any future General
Assembly shall be competent to alter or repeal (if not herein prohibited)
any portion of the laws declared to be of force in this third specification
of this clause of this Article; and if in any of §aid laws herein declared
of force the word " Confederate" occurs before the word States, such
law is hereby amended by substituting the word " United " for the word
" Confederate."
IV. Local and private acts, passed for the benefit of counties, cities,
towns, corporations, and private persons, not inconsistent with the
supreme law, nor with this Constitution, and which have not expired,
nor been repealed, shall have the force of statute law, subject to judicial
decision as to their validity when passed, and to any limitations imposed
by their own terms.
V. All rights, privileges and immunities which may have vested in, or
accrued to any person or persons, or corporation in his, her, or their own
right, or in any fiduciary capacity, under any act of any legislative body,
sitting in this State as such, or of any decree, judgment, or order of any
Court, sitting in this State, under the laws then of force and operation
therein—and recognized by the people as a Court of competent jurisdic¬
tion, since the 19th day of January, 1861, shall be held inviolate by all
the Courts of this State, unless attacked for fraud, or unless otherwise
declared invalid by or according to this Constitution.
o4
CONSTITUTION OF 1868.
VI. The records, dockets, books papers, and proceedings of any Court
or office existing in this State, by the laws thereof, on the 19th of Janu¬
ary, 1861, or purporting to exist by said laws, and recognized and gen¬
erally obeyed by the people, as such, since the said time, and before the
several Courts and officers provided for by this Constitution shall have
gone into actual operation, shall be transferred to the several Court3 and
officers of the same name or functions by this Constitution provided
for, and shall have force and be executed, perfected and performed therein,
and thereby, as follows, and not otherwise, to-wit:
Final judgments, decrees, proceedings, and acts, fully executed and
performed, or not requiring performance or execution, shall have full
force and effect as though no interruption .had taken place in the legal
succession of said Courts and offices, except as herein otherwise provi¬
ded. Proceedings not final, and judgments, and decrees not fully ex¬
ecuted or performed, shall proceed and be performed in such cases, and
such cases only, as this Constitution, or the laws made in pursuance
thereof, confer jurisdiction and authority over the causes of actions on
which said cases, judgments, decrees, or proceedings, civil or criminal,
are founded: Provided, that all said judgments, decrees, and proceed¬
ings shall be subject to be set aside, or reversed, or vacated, by proceed¬
ings jn the several Courts having custody of the lecords, as though they
were the judgments of said Courts, and shall be subject always to be
explained as to the meaning of the word dollar, or dollars, as used in the
same ; and no motion for a new trial, bill of review, or other proceeding,
to vacate any judgment, order, or decree, made since the 19th of January,
1861, by any of said Courts, for fraud, illegality, or error of law, shall
be denied, by reason of the same not having been moved in time:
Provided, said motion or application is made in twelve months from the
adoption of this Constitution.
VII. The books, papers, and proceedings of the Inferior Courts shall
be transferred to, and remain in, the control of the Ordinaries, who shall
perform the duties of said Courts until otherwise provided by law. The
books, papers, and proceedings of the County Courts, and the unfinished
business thereof, shall be transferred to the Superior Courts, and the same
shall be finished and performed by the said Superior Courts and the
officers thereof, in such cases, and in such cases only, as the said Courts
are, by this Constitution or the laws made in pursuance thereof granted
jurisdiction over the subject-matter or debts on which said cases and
judgments, civil or criminal, are founded.
VIII. The cases pending, and the judgments had and made iu the City
Courts of Savanna.li and Augusta, and in the various Justices' Courts in
this State, shall be finished, and the judgments performed by the City
Courts, and officers and justices, provided by this Constitution, in such
cases, and such only, as by this Constitution jurisdiction is given to said
Courts and officers, over the causes of action on which they are founded.
IX. The judgments and proceedings of Courts, and acts of officers
within their jurisdiction as provided by law, shall be valid, notwith¬
standing the judges of said courts or the said officers were appointed by
the military authorities of the United States, and any of said judgments,
or acts, or proceedings made, or done, under or by virtue ot, or in
accordance with the orders of said military authorities, duly made, are
as valid as if done under a law of this State.
X. These several acts of confirmation shall not be construed to divest
any vested right, nor to make any act criminal otherwise not criminal,
but they shall be construed as acts of peace, and to prevent injustice:
Provided, that nothing in this Constitution shall be so construed as to
make valid any acts done by, or before, any such de facto officer, which
CONSTITUTION OF 1868.
25
would, by legalizing such acts, render that criminal which was not
criminal when done ; or cause any act not legally criminal when done
to become criminal by giving validity to such act after it was done; but
all such acts shall be held by the courts to be null and void.
XI. Should this Constitution be ratified by the people, and Congress
accept the same with any qualifications or conditions, the Government
herein provided for, and the officers elected shall nevertheless exist and
continue in the exercise of their several functions, as the Government of
this State, so far as the same may be consistent with the action of the
United States in the premises.
XII. The ordinances of this Convention on the subject of the first
election, and the first General Assembly, shall have the force of laws,
until they expire by their own limitation, and all other ordinance^ of a
mere legislative character, shall have the force of laws, until otherwise
provided by the General Assembly.
ARTICLE XII.
Amendments to the Constitution.
1. This Constitution may be amended by a two-thirds vote of two
successive Legislatures, and by a submission of the amendment to the
qualified voters for final ratification. But the General Assembly shall
not call a Convention of the people in the election of delegates to which
any person, qualified to vote by this Constitution, shall be disqualified.
And the representation in said Convention shall be based on population.
Nor shall the right of suffrage ever be taken from any person qualified
by this Constitution to vote.
J. R. PARROTT,
President Georgia Constitutional Convention.
Attest:
P. M. Sheibley,
Secretary Georgia Constitutional Convention.
PIONEERS OF
ARTISTIC PRINTING
IN ATLANTA.
JAMES P HARRISON, STATE PR INTER, ATLANTA.
HEV. D. E. 3UTLER, MADISON. ^EV J. W, BUJ^KE, MACON.
BUS
27 <$nt) 29—EROAl) STREET—27 find 29.
_A_TI_i-A^IsrT ^ G-BOBGIA
PUBLISHERS OF GEORGIA REPORTS. SUPPLY LAWYERS, STATE, COUNTY AND OTHER OFFICIALS
AU3) TWIMTUM Y'll'&l'ISJL:
J. H. ESTILL, PI\0. NEWS, SAVANNAH.
DR. J. S. LAWTON, ATLANTA. Z. D, HAF^I^ISON, ATLANTA.
POINTING
FOB
Pcrcljamts, §) ankers, :
AND | ^
OTHER BUSINESS MEN.
I |{ailroab Companies,
AND
OTHER CORPORATIONS.