the county where the crime was committed; and in all cases respecting titles to land, 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, and to grant new trials in said superior courts on proper and legal grounds; and in all cases where a new trial shall be so allowed, the judge allowing the same shall enter on the minutes of said court his reasons for the same; and the said superior courts shall have appellate jurisdiction in such other cases as may be pointed out by law, in cases arising in inferior judicatories, which shall in no case tend to remove the cause from the county in which the action originated.

RATIFIED 1840.

ARTICLE I. Whereas a part of the third section of the first article of the constitution is in the following words, viz: "The senate shall be elected annually;" and a part of the seventh section of the first article is in the following words: "The representatives shall be chosen annually;" and a part of the twelfth section of the first article is in the following words: "The meeting of the general assembly shall be annually;" and whereas a part of the third section of the third article is in the following words: "There shall be a State's attorney and solicitor appointed by the legislature and commissioned by the governor, who shall hold their offices for the term of three years;" and a part of the fifteenth section of the fourth article is in the following words: "The same shall be published at least six months previous to the next ensuing annual election for members of the general assembly;" and whereas the before-recited clauses require amend

ments:

SECTION 1. Be it enacted by the senate aud house of representatives of the State of Georgia, in general assembly met, and it is hereby enacted by the authority of the same, That so soon as this act shall have passed, agreeably to the requisitions of the constitution, the following shall be adopted in lieu of the foregoing clauses: In the third section of the first article, the following, to wit: "The senate shall be elected biennially, after the passage of this act, the first election to take place on the first Monday in 1843." In lieu of the seventh section of the first article, the following: "The representatives shall be elected biennially, after the passing of this act, the first election to take place the first Monday in October, eighteen hundred and forty-three;" and in lieu of the clause in the twelfth section in the first article, the following: "The meeting of the general assembly shall be biennially, after the passage of this act, on the first Monday in November;" and in lieu of the clause in the third section of the third article, the following, to wit: "There shall be a State attorney and solicitor elected by the legislature, who shall hold their offices for the term of four years;” and in lieu of the clause in the fifteenth section of the fourth article, the following: "The same shall be published at least six months previous to the next ensuing biennial election for members of the general assembly;" the provisions of this act not to go into effect until the year eighteen hundred and forty-three.

RATIFIED 1841.

ART. III. SEC. 3. So altered and amended as to read: There shall be a State's attorney and solicitors appointed by the legislature, and commissioned by the governor, who shall hold their offices for the term of four years, or until their successors shall be elected and qualified, unless removed by sentence on impeachment, or by the governor, on the address of two-thirds of each branch of the general assembly. They shall have salaries adequate to their services, established by law, which shall not be increased or diminished during their continuance in office. ART. IV. SEC. 15. Amended by striking out the word “annual.”

RATIFIED 1843.

ARTICLE I. SEC. 3. So altered and amended as to read: The senate shall be elected biennially on the first Monday in October, and shall consist of forty-seven members, and shall be composed of one member from each senatorial district, which district

shall be composed of two contiguous counties, not including the county with the largest representative population, which shall constitute a separate district; which districts shall be arranged and organized by the general assembly, at the session when this shall be adopted, and if any new county shall be hereafter formed, it shall be annexed to one of the districts from which it was taken.

ARTICLE I. SEC. 7. So altered and amended as to read: The house of representatives shall be composed of one hundred and thirty members; each county shall have one representative, and no county shall have more than two representatives; thirty-seven counties having the greatest population, counting all free white persons, and threefifths of the people of color, shall have two representatives; the said apportionment shall be made by the general assembly, at the session at which this section shall be adopted as an alteration of the constitution, by an act to be introduced after the adoption thereof, and a new apportionment shall be made at the session next after each future enumeration of the inhabitants of this State, made under the constitution and laws thereof, but at no other time.

ART. III. SECTION 1. Added to the concluding portion of the section, so that it reads: And in case of a maker and indorser or indorsers of promissory notes residing in different counties in this State, the same may be sued in the county where the maker resides, and a copy of the petition and process served on the indorser or indorsers residing out of the county in which the suit may be commenced shall be deemed sufficient service, under the same rules and regulations as the legislature have or may direct in the case of joint obligors and joint promisors. 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.

ART. IV. SEC. 3. So altered and amended as to read: It shall and may be lawful for all major-generals and brigadier-generals to be elected by the people of the respective divisions and brigades; and all persons subject to military duty shall be entitled to vote for the same only, 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.

RATIFIED 1847.

ART. II. SEC. 3. So altered and amended as to read: No person shall be eligible to the office of governor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained to the age of thirty years.

RATIFIED 1849.

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 such legal principles as the general assembly may by law prescribe.

CONSTITUTION OF GEORGIA-1861.

A State convention, called by an act of the legislature, passed an ordinance of secession January 19, 1861, and on March 23, 1861, completed a revision of the State constitution, which was ratified by the people on the first Tuesday of the following July.]

CONSTITUTION OF GEORGIA-1865.*

PREAMBLE.

We, the people of the State of Georgia, in order to form a permanent government, establish justice, insure domestic tranquillity, and secure the blessing of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the author of all good government, do ordain and establish this constitution for the State of Georgia:

ARTICLE I.

DECLARATION OF RIGHTS.

One. Protection to person and property is the duty of government.

Two. No person shall be deprived of life, liberty, or property, except by due process of law.

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

Four. A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Five. Perfect freedom of religious sentiment be, and the same is hereby, secured, and no inhabitant of this State shall ever be molested in person or property, nor prohibited from holding any public office or trust, on account of his religious opinions.

Six. Freedom of speech, and freedom of the press, are inherent elements of political liberty. But while every citizen may freely speak or write or print on any subject, he shall be responsible for the abuse of the liberty.

Seven. The right of the people to appeal to the courts, to petition government on all matters of legitimate cognizance, and peaceably to assemble for the consideration of any matter of public concern, shall never be impaired.

Eight. Every person charged with an offence against the laws of the State shall have the privilege and benefit of counsel, shall be furnished on demand with a copy of the accusation, and 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, as heretofore practised in Georgia. Nine. No person shall be put in jeopardy of life or liberty more than once for the same offence, save on his or her own motion for a new trial after conviction, or in case of mistrial.

Ten. No conviction shall work corruption of blood or general forfeiture of estate. Eleven. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Twelve. The powers of the courts to punish for contempt shall be limited by legislative acts.

Thirteen. Legislative acts in violation of the constitution are void, and the judiciary shall so declare them.

Fourteen. Ex post facto laws, laws impairing the obligation of contracts, and retroactive laws injuriously affecting any right of the citizen, are prohibited.

Fifteen. Laws should have a general operation, and 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 being under a legal disability to contract is capable of such free consent.

Sixteen. 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 for the common defence, and for such other purposes as the general assem

A convention, called by Provisional Governor James Johnson, met October 25, 1865, repealed the ordinance of secession October 30, and submitted this constitution to the people November 7, 1865. It was ratified, receiving 17,699 votes.

bly may be specially required or empowered to accomplish by this constitution. But the general assembly may, by statute, grant the power of taxation for designated purposes, with such limitations as they may deem expedient, to county authorities and municipal corporations, to be exercised within their several territorial limits.

Seventeen. In cases of necessity, private ways may be granted upon just compensation being first paid; and with this exception private property shall not be taken, save for public use, and then only on just compensation, to be first provided and paid, unless there be a pressing, unforeseen necessity; in which event the general assembly shall make early provision for such compensation.

Eighteen. 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 warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place or places to be searched, and the persons and things to be seized.

Nineteen. The person of a debtor shall not be detained in prison, after delivery, for the benefit of his creditors, of all his estate not expressly exempted by law from levy and

sale.

Twenty. The Government of the United States having, as a war-measure, proclaimed all slaves held or owned in this State emancipated from slavery, and having carried that proclamation into full practical effect, there shall henceforth be, within the State of Georgia, neither slavery or involuntary servitude, save as a punishment for crime, after legal conviction thereof: Frovided, This acquiescence in the action of the Government of the United States is not intended to operate as a relinquishment, waiver, or estoppel of such claim for compensation of loss sustained by reason of the emancipation of his slaves as any citizen of Georgia may hereafter make upon the justice and magnanimity of that Government.

Twenty-one. The enumeration of rights herein contained is a part of this constitution, but shall not be construed to deny to the people any inherent rights which they have hitherto enjoyed.

ARTICLE II.

SECTION 1. One. The legislative, executive, and judicial departments shall be distinct; and each department shall be confided to a separate body of magistracy. No person, or collection of persons, being of one department, shall exercise any power properly attached to either of the others, except in cases herein expressly provided. Two. The legislative power shall be vested in a general assembly, which shall consist of a senate and house of representatives, the members whereof shall be elected and returns of the elections made in the manner now prescribed by law (until changed by the general assembly) on the 15th day of November, in the present year, and biennially thereafter, on the first Wednesday of October, to serve until their successors shall be elected; but the general assembly may, by law, change the day of election. Three. The first meeting of the general assembly, under this constitution, shall be or the first Monday in December next, after which it shall meet annually on the first Thursday in November, or on such other day as the general assembly may prescribe. 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 attendance of its absent members, as each house may provide. No session of the general assembly, after the first above mentioned, shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof.

Four. No person holding any military commission, or other appointment, having any emolument or compensation annexed thereto, under this State or the United States, or either of them, (except justices of the inferior court, 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 branch of the general assembly; nor shall any senator or representative, after his qualification as such, be elected by the general assembly, or appointed by the governor, with the advice and consent of two-thirds of the senate, to any office or appointment having any emolument or compensation annexed thereto, during the time for which he shall have been elected.

Five. No person convicted of any felony before any court of this State, or of the United States, shall be eligible to any office, or appointment of honor, profit, or trust, within this State, until he shall have been pardoned.

Six. No person who is collector or holder of public money shall be eligible to any office in this State until the same is accounted for and paid into the treasury.

SEC. 2. There shall be forty-four senatorial districts in the State of Georgia, each composed 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 of counties as follows:

The first district, of Chatham, Bryan, and Effingham.

The second, of Liberty, Tattnall, and MacIntosh.

The third, of Wayne, Pierce, and Appling.

The fourth, of Glynn, Camden, and Charlton.

The fifth, of Coffee, Ware, and Clinch.

The sixth, of Echols, Lowndes, and Berrien.
The seventh, of Brooks, Thomas, and Colquitt.
The eighth, of Decatur, Mitchell, and Miller.
The ninth, of Early, Calhoun, and Baker.
The tenth, of Dougherty, Lee, and Worth.
The eleventh, of Clay, Randolph, and Terrell.
The twelfth, of Stewart, Webster, and Quitman.
The thirteenth, of Sumter, Schley, and Macon.
The fourteenth, of Dooly, Wilcox, and Pulaski.
The fifteenth, of Montgomery, Telfair, and Irwin.
The sixteenth, of Laurens, Johnson, and Emanuel.
The seventeenth, of Bullock, Scriven, and Burke.
The eighteenth, of Richmond, Glascock, and Jefferson.
The nineteenth, of Taliaferro, Warren, and Greene.
The twentieth, of Baldwin, Hancock, and Washington.
The twenty-first, of Twiggs, Wilkinson, and Jones.
The twenty-second, of Bibb, Monroe, and Pike.
The twenty-third, of Houston, Crawford, and Taylor.

The twenty-fourth, of Marion, Chattahoochee, and Muscogee.
The twenty-fifth, of Harris, Upson, and Talbot.

The twenty-sixth, of Spalding, Butts, and Fayette.
The twenty-seventh, of Newton, Walton, and Clarke.
The twenty-eighth, of Jasper, Putnam, and Morgan.
The twenty-ninth, of Wilkes, Lincoln, and Columbia.
The thirtieth, of Oglethorpe, Madison, and Elbert.
The thirty-first, of Hart, Franklin, and Habersham.
The thirty-second, of White, Lumpkin, and Dawson.
The thirty-third, of Hall, Banks, and Jackson.
The thirty-fourth, of Gwinnett, DeKalb, and Henry.
The thirty-fifth, of Clayton, Fulton, and Cobb.
The thirty-sixth, of Meriwether, Cowetta, and Campbell.
The thirty-seventh, of Troup, Heard, and Carroll.
The thirty-eighth, of Haralson, Polk, and Paulding.
The thirty-ninth, of Cherokee, Milton, and Forsyth.
The fortieth, of Union, Towns, and Rabun.
The forty-first, of Fannin, Gilmer, and Pickens.
The forty-second, of Bartow, Floyd, and Chattooga.
The forty-third, of Murray, Whitfield, and Gordon.
The forty-fourth, of Walker, Dade, and Catoosa.

If a new county be established, it shall be added to a district which it adjoins. The senatorial districts may be changed by the general assembly, but only at the first session after the taking of each new census by the United States Government, and their number shall never be increased.

Two. No person shall be a senator who shall not have attained to the age of twenty