Abbildungen der Seite
PDF
EPUB

by law.

SEC 3. The general officers of the militia shall be elected by the general assembly, and shall be commissioned by the governor. All other officers of the militia shall be elected in such manner as the legislature may direct, and shall be commissioned by the governor; and all militia officers now in commission, and those which may be hereafter commissioned, shall hold their commissions during their usual residence within the division, brigade, regiment, battalion, or company to which they belong, unless removed by sentence of a court-martial, or by the governor, on the address of two-thirds of each branch of the general assembly.

SEC. 4. All persons appointed by the legislature to fill vacancies shall continue in office only so long as to complete the time for which their predecessors were appointed.

SEC. 5. Freedom of the press, and trial by jury, as heretofore used in this State, shall remain inviolate; and no ex post facto law shall be passed.

SEC. 6. No person who heretofore hath been, or hereafter may be, a collector, or holder of public moneys, shall be eligible to any office in this State until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.

SEC. 7. The person of a debtor, where there is not a strong presumption of fraud, shall not be detained in prison after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated

Sec. 8. Convictions on impeachments which have heretofore taken place are here: by released, and persons lying under such convictions restored to citizenship.

Sec. 9. The writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

Sec. 10. No person within this state shall, upon any pretence, be deprived of the inestimable privilege of worshipping God in a manner agreeable to his own conscience, nor he compelled to attend any place of worship contrary to his own faith and judgment; nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious society shall ever be established in this State, in preference to another; nor shall any person be denied the enjoyment of any civil right merely on account of his religious principles.

SEC. 11. There shall be no future importation of slaves into this State, from Africa or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of each of their respective owners, previous to such emancipation. They shall have no power to prevent emigrants from either of the United States to this State from bringing with then such persons as may be deemed slaves by the laws of any one of the United States.

Sec. 12. Any person who shall maliciously dismember or deprive a slave of life shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection by such slave, and unless such death should happen by accident in giving such slave moderate correction.

SEC. 13. The arts and sciences shall be promoted, in one or more seminaries of learning; and the legislature shall, as soon as conveniently may be, give such further donations and privileges to those already established as may be necessary to secure the objects of their institution; and it shall be the duty of the general assembly, at their next session, to provide effectual measures for the improvement and permanent security of the funds and endowments of such institutions.

Sec. 14. All civil officers shall continue in the exercise of the duties of their several offices during the periods for which they were appointed, or until they shall be superseded by appointments made in conformity to this constitution; and all laws now in force shall continue to operate, so far as they are compatible with this constitution, until repealed; and it shall be the duty of the general assembly to pass all necessary laws and regulations for carrying this constitution into full effect.

SEC. 15. No part of this constitution shall be altered, unless a bill for that purpose, specifying the alterations intended to be made, shall have been read three times in the house of representatives, and three times in the senate, on three several days in each house, and agreed to by two-thirds of each house respectively; and when any such bill shall be passed in manner aforesaid, the same shall be published at least six months previous to the next ensuing annual election for members of the general assembly; and if such alterations, or any of them, so proposed, shall be agreed to in their first session thereafter, by two-thirds of each branch of the general assembly, after the same shall have been read three times, on three separate days, in each respective house, then, and not otherwise, the same shall become a part of this constitution.

We, the underwritten delegates of the people of the State of Georgia, chosen and authorized by them to revise, alter, or amend the powers and principles of their government, do declare, ordain, and ratify the several articles and sections contained in the six pages hereunto prefixed, as the constitution of this State ; and the same shall be in operation from the date hereof.

In testimony whereof we, and each of us, respectively, have hereunto set our hands, at Louisville, the seat of government, this thirtieth day of May, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-second year of the Independence of the United States of America; and have caused the great seal of the State to be affixed thereto. · Article 4, section 11, and the first line, the following words being interlined, to wit, “after the first day of October next.”

JARED IRWIN, President, JAMES M. SIMMONS, Sccretary.

AMENDMENTS TO THE CONSTITUTION OF 1798.*

RATIFIED DECEMBER 16, 1808. Art. III. SEC. 10. So altered and amended as to read: That the clerks of the superior and inferior courts shall be elected on the same day as pointed out by law for the election of other county officers.

RATIFIED 1812.t

ART. III. SEC. 4. So altered and amended as to read: The justices of the inferior courts shall be elected on the third Tuesday in October, eighteen hundred and thirteen, and on the third Tuesday in October in every fourth year thereafter, by the electors entitled to vote for members of the general assembly, which election shall be held and conducted in the same manner as pointed out by law for the elections of clerks and sheriffs; and the persons so elected shall be commissioned by the governor, and continue in office for the term of four years, unless removed by impeachment for malpractice in office, or by the governor, on the address of two-thirds of both branches of the general assembly. They may be compensated for their services in such manner as the legislature may by law direct; and there shall be five justices for each county, who shall hold their offices until their successors are elected and qualified; and when any vacancy shall happen by death, resignation, or otherwise, of any justice of the inferior court, it shall be the duty of two or more justices of the inferior court, or justices of the peace, to give at least twenty days' notice by advertisement, at three of the most public places in the county, previous to the election, to fill such vacancy; which election shall be held in the same manner as is by this section before expressed.

Art. III. SEC. 5. So altered and amended as to read: There shall be two justices of the peace in each captain's district, in the several counties of this State, either or both

* These amendments were successively passed by the legislature, and adopted by the legislature of the following year, as prescribed by the constitution, without ratification by the people.

+ Changed by the amendment of 1819.

of whom shall have power to try all cases of a civil nature within their district, where the debt or liquidated demand does not exceed thirty dollars, in such manner as the legislature may by law direct; they shall be elected on the first Saturday in January, eighteen hundred and thirteen, and on the first Saturday in January in every fourth year thereafter, by the citizens of the district to which they respectively belong, entitled to vote for members of the general assembly; which election shall be superintended by three freeholders of the district, whose duty it shall be to take the following oath, to be administered by the captain or commanding officer of said district, to wit: “I, A B, do solemnly swear that I will

, to the best of my abilities, superintend the election of justices of the peace for this district; so help me God;" and they shall transmit a return of said election, within twenty days, to his excellency the governor, who is hereby authorized to commission the persons so elected accordingly; and they shall hold their appointments during the term of four years, and until their successors are elected and qualified, unless they shall be removed by conviction on indictment in the superior court, for malpractice in office, or for any felonious or infamous crime, or by the governor on the address of two-thirds of each branch of the legislature. And when any vacancy shall happen by death, resignation, or otherwise, of any justice of the peace, between the time of such election and the expiration of the time for which such justice or justices were elected, it shall be the duty of two of the justices of the peace, in any of the adjoining districts, where such vacancy or vacancies may happen, to advertise in three of the most public places in the district, where such vacancy or vacancies may happen, the time of holding an election for the purpose of filling such vacancy or vacancies, and give at least fifteen days' notice of the time and place where such election shall be held, which shall be in the district where such vacancy or vacancies shall have happened; and it shall be the duty of the said justices to superintend such election, and certify the same, under their hands, to his excellency the governor, who shall, within ten days after receiving the same, commission the person having the highest number of votes, provided the same is not contested.

RATIFIED DECEMBER 15, 1818. ART. II. Sec. 4. So amended and altered as to read: In case of the death, resignation, or disability of the governor, the president of the senate, or the last acting president of the senate, shall exercise the executive powers of the government until such disability be removed, in the election and qualification of a governor by the general assembly; and in case of the death, resignation, or disability of the president of the senate, or of the last acting president of the senate, the speaker of the house of representatives, or the acting speaker of the house of representatives, shall exercise the executive powers of the government, until such disability be removed in the election and qualification of a governor by the general assembly.

RATIFIED DECEMBER 18, 1818.* ART. III. SECTION 1. So altered and amended as to read: The judicial powers of this State shall be vested in a superior, inferior, and justices' courts, and such other courts as the legislature shall from time to time ordain and establish. The judges of the superior courts shall be elected for the term of three years, and shall continue in office until their successors shall be elected and qualified; removable by the governor, on the address of two-thirds of both branches of the general assembly for that purpose, or by impeachment and conviction thereon. The superior courts shall have exclusive and final jurisdiction in all criminal cases, (except as relates to people of color, and fines for neglect of duty, and for contempt of court, for violations against road-laws, and for obstructing water-courses, which shall be vested in such judicature or tribunal as shall be or may have been pointed out by law; and except in all other minor offences, committed by free white persons, and which do not subject the offender or offenders to loss of life, limb, or member, or to confinement in the penitentiary; in all such cases corporation courts, such as now exist, or may hereafter be constituted,

* Changed by the amendment of 1835.

in any incorporated city, being a sea-port town and port of entry, may be vested with jurisdiction, under such rules and regulations as the legislature may hereafter by law direct;) which shall be tried in the county where the crime was committed; and in all cases respecting titles to lands, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases; and shall have power to correct errors in inferior judicatories by writ of certiorari, as well as errors in the superior courts, and order new trials on proper and legal grounds: Provided, That such new trials shall be determined, and such errors corrected, in the superior court of the county in which such action originated; and the said court shall have appellate jurisdiction in such other cases as are or may be pointed out by law, which shall in no case tend to move the cause from the county in which the action originated; and the judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. The inferior courts shall also have concurrent jurisdiction in all civil cases, (except in cases respecting the titles to lands,) which shall be tried in the county where the defendant resides; and in case of joint obligors and joint promissors, residing in different counties, the same may be brought in either county, and a copy of the petition and process served on the party residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the legislature have or may direct. The superior and inferior courts shall sit in each county twice in every year, at such stated times as have or may be appointed by the legislature.

RATIFIED NOVEMBER 23, 1819.4 Art. III. SEC. 4. So altered and amended as to read: The justices of the inferior court shall be elected by the persons entitled to vote for members of the legislature, in such manner as the legislature may by law direct.

Art. III. SEC. 5. So altered and amended as to read: The justices of the peace throughout this State shall be elected by the persons residing in their respective districts, entitled to vote for members of the general assembly, under such rules and regulations as the legislature may by law direct.

RATIFIED NOVEMBER 17, 1824. Art. II. SEC. 2. So altered and amended as to read: The governor shall be elected by the persons qualified to vote for members of the general assembly, on the first Monday in October, in the year of our Lord one thousand eight hundred and twentyfive; and on the first Monday in October in every second year thereafter, until such time be altered by law; which election shall be held at the place 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 shall be sealed up by the presiding justices, separately from other returns, and directed to the president of the senate and the speaker of the house of representatives, and transmitted to his excellency the governor, or the person exercising the duties of governor sor 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 chamber, and the president of the senate, and the speaker of the house of representatives, shall open and publish the returns in presence of the general assembly; and the person having the majority of the whole number of votes given in shall be declared duly elected governor of this State. But if no person have such majority, then from the persons having the two 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 elect immediately a governor by joint ballot; and in all cases of election of a governor by the general assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

* This amendment was adopted in the place of a previous amendment of the same sections, in 1812.

RATIFIED 1833.

Art. III. SEC. 9. So altered and amended as to read: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdicts of two special juries, authorizing a divorce upon legal principles.

RATIFIED DECEMBER, 1835.

ARTICLE I. SEC. 4. So altered and amended as to read: No person shall be a senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three years an inhabitant of this State, and shall have usually resided within the county for which he shall be returned at least one year immediately preceding his election, except persons who may have been absent on lawful business of this State or of the United States.

Article I. Sec. 8. So altered and amended as to read: No person shall be a repre. sentative who shall not have attained to the age of twenty one years, and have been a citizen of the United States seven years, and three years an inhabitant of this state, and have usually resided in the county in which he shall be chosen one year immediately preceding his election, unless he shall have been absent on the public business of this State or of the United States.

RATIFIED 1835." Art. III. SECTION 1. So altercd and amended as to read: The judicial powers of this State shall be vested in a supreme court for the correction of errors; a superior, inferior, and justices' courts, and in such other courts as the legislature shall, from time to time, ordain and establish. The supreme court shall consist of three judges, who shall be elected by the legislature for such term of years as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified, removable by the governor on the address of two-thirds of both branches of the general assembly for that purpose, or by impeachment and conviction thereon. The said court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in law and equity from the superior courts of the several circuits, and shall sit at least once a year, at a time to be prescribed by law, in each of five judicial districts, to be hereafter laid off and designated by the legislature for that purpose, at the most central point in such judicial district, or at such other point in each district as shall by the general assembly be ordained, for the trial and determination of writs of error from the several superior courts included in such judicial districts. And the said court shall at each session in each district dispose of and finally determine each and every case on the docket of such court at the first term after such writ of error brought; and in case the piaintiff in error in any such case shall not be prepared, at such first term of such court

, after error brought to prosecute the same, unless precluded by some providential cause from such prosecution, it shall be stricken from the docket, and the judgment below shall stand affirmed. The judges of the superior court shall be elected for the term of four years, and shall continue in office until their successors shall be elected and qualified, removable by the governor on the address of two-thirds of both branches of the general assembly for that purpose, or by impeachment and conviction thereon. The superior court shall have exclusive jurisdiction in all criminal cases, (except as relates to people of color, and fines for neglect of duty and for contempt of court; for violations against road-laws, and for obstructing watercourses, which shall be vested in such judicature or tribunal as shall be or may have been pointed out by law; and except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb, or member, or to confinement in the penitentiary ; in all such cases corporation courts, such as now exist, or may hereafter be constituted, in any incorporated city, being a sea-port town and a port of entry, may be vested with jurisdiction, under such rules and regulations as the legislature may hereafter by law direct,) which shall be tried in

* This amendment was adopted in the place of a previous amendment of the same section in 1818.

« ZurückWeiter »