USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 10
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4. No law shall be passed by which a citizen shall be compelled, directly or indirectly, to become a stockholder in, or contribute to a railroad, or other work of internal improvement, without his consent, except the inhabitants of a corporate town or city. This provision shall not be construed to deny the power of taxation for the purpose . of making levees or dams to prevent the overflow of rivers.
Mr. Jenkins moved that it be taken up by Sections.
Mr. Parrott of Bartow, moved to lay it on the table for the present, and that three hundred copies be printed.
Mr. Roberts of Warren, moved that it be made the special order for to-morrow, that 1,500 copies be printed, and that the Convention do now adjourn till 9:30 o'clock tomorrow morning.
Lost.
Mr. Simmons of Gwinnett, moved as an amendment to Mr. Parrott's motion, that the Secretary have printed 325 copies of the 6th section of the 2nd article, for the use of the Convention, which was agreed to.
The motion of Mr. Jenkins was agreed to and the Constitution was taken up by Sections and acted upon as follows :
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The 1st, 2d, 3d and 4th Sections of the first article were agreed to.
The fifth Section being under consideration, on motion of Mr. Crawford of Greene, the word "toleration" was stricken out, and the word "freedom" inserted.
Mr. Hill of Morgan, moved farther to amend by strik- ing out all after the word "property" and insert in lieu thereof, the words, "nor prohibited from holding any public office or trust, on account of his religious opinion."
Mr. Simmons of Gwinnett, moved as a substitute for the Section, the following :
"No religious test shall be required for the tenure of any office, and no religion shall be established by law; and no citizen shall be deprived of any right or privilege by reason of his religious belief." But subsequently withdrew it, and the amendment of Mr. Hill was adopted.
Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21, were agreed to.
On motion of Mr. Seward, the convention adjourned till 9:30 a. m. tomorrow.
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SATURDAY MORNING, 9:30 O'CLOCK.
The convention met pursuant to adjournment and after prayer by Rev. Mr. Brooks of this city, the journal was read.
Mr. Jenkins asked that so much of the journal may be reconsidered, as refers to the adoption of the 8th clause
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of the declaration of rights, and that said clause may be recommitted. Which was adopted.
Mr. Parrott, chairman of the special committee, to whom was referred an ordinance to prevent the levy and sale of the property of debtors under execution until the adjournment of the next session of the Legislature, re- ported the same back, and recommended that the same shall pass.
On his motion, the rule was suspended, and the ordi- nance taken up.
Mr. Boyd moved to amend by adding after the word "cost" the words "and rent" which was lost.
Mr. Hill moved to strike out the words "until the adjournment of the next Legislature" and insert in lieu thereof, the words "until the Legislature shall otherwise direct."
Mr. Warner moved to insert the word "levy" after the word "no."
Mr. Seward moved to amend by adding the following proviso :
"Provided, This ordinance shall not apply to judg- ments and executions hereafter obtained."
Withdrawn, and on motion of Mr. Seward the ordi- nance was recommitted.
Mr. Jenkins moved to suspend the rule, to allow him to introduce the following, as an additional rule of this body :
Resolved, That the Constitution, that may be adopted by this convention, and all ordinances and resolutions
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passed shall be signed by the President and Secretary of the convention, which shall be a sufficient authentication thereof.
No ordinance already passed upon one reading, shall lack validity for that reason.
The rule was suspended, and the resolution was intro- duced and read.
On motion of Mr. Hansell, the rule requiring it to lie over, was suspended, and the resolution as introduced was taken up and read the second time and adopted.
Hon. Robt. W. Lovett, of the county of Screven, ap- peared, and after being qualified, took his seat.
Mr. Williams of Muscogee, introduced the following ordinance, which was read twice, and referred to the Committee of Sixteen :
JUDICIAL DEPARTMENT.
1. The judicial powers of this State, shall be vested in a Supreme Court for the correction of errors; a Supe- rior Court, County Court, Ordinary and Justices Courts, and in such other courts as may be established by law.
2. The Supreme Court shall consist of three judges, who shall be elected by the Legislature of this State, 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 each branch of the General Assembly, or by impeachment and conviction thereon. The Legisla- ture shall so arrange the election of said judges, that the term of one of said judges shall expire at a time, and
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shall eleet his successor, at such time as they may direct, prior to the expiration of his term.
3. The said Supreme 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 twice a year, at a time prescribed by law, at the seat of gov- ernment of this State, for the trial and determination of all writs of error from the said several Superior Courts.
4. The said Supreme Court, shall dispose of and finally determine, every case on the docket of such court, at the first or second term after such writ of error brought, and in case the plaintiff in error shall not be prepared at the first term of such court, after error brought, to prosecute the case, unless precluded by some providential cause from such prosecution, it shall be stricken from the docket, and the judgment below, shall stand affirmed.
5. The judges of the Superior Courts, shall be elected by the qualified voters residing in the circuits in which judges are to serve, for the term of four years, and shall continue in office, until their successors are elected and qualified, removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon.
6. The Superior Court shall have exclusive jurisdic- tion on all cases of divorce, both total and partial, but no total divorce shall be granted, except, on the concurrent verdicts of two special juries.
In each divorce case, the court shall regulate the rights and disabilities of the parties.
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7. The Superior Court shall have exclusive jurisdic- tion in all cases respecting titles to land, which shall be tried in the county where the land lies; and also, in all other civil causes, except such as may be within the juris- diction of the county and Justice's courts; also, in all equity causes which shall be tried in the county where one or more of the defendants reside, against whom, sub- stantial relief is prayed.
8. The Superior Court shall have appellate jurisdic- tion in all such cases as may be provided by law.
9. It shall have the power to correct errors in infe- rior judicatories, by writ of certiorari, and to grant new trial in the Superior Court, upon proper and legal grounds.
10. . It shall have the power to issue writs of man- damus, prohibition, scire facias, and all other writs which may be necessary for carrying its power fully into effect.
11. In cases of joint obligors or joint promissors, or co-partners, or joint trespassers, residing in the different · counties in the State, the suit may be brought in either county.
12. In case of a maker and endorser or endorsers of promissory notes, residing in different counties in this State, the same may be sued in the county where the maker resides.
13. The Superior Court shall have exclusive juris- diction in all criminal cases, where the offence charged in the bill of indictment is capital, and also in all cases where the offence charged is or may, or shall be punish- able in the penitentiary for a term over two years, and in all cases which subjects the offender or offenders to
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the loss of life, limb or member; all which criminal cases, shall be tried in the county where the crime was com- mitted, except in cases where a jury can not be obtained.
14. The Superior Court shall sit in each county twice in every year, at such stated times as have been, or may be appointed by the General Assembly.
. 15. The judges of the Superior courts shall have salaries adequate to their services fixed by law, which shall not be diminished during their continuance in office, but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them.
16. There shall be a State's Attorney and Solicitors elected in the same manner as the judges of the Superior Court, and be 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 or 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 fixed by law, which shall not be diminished dur- ing their continuance in office. ·
17. There shall be organized, by the Legislature, a county court, in and for each county, in which one judge shall preside, to be elected by the qualified voters of each county, at such time as the Legislature may direct, and who shall be commissioned by the Governor, and shall hold his office for the term of four years, and until his successor is elected and qualified. He shall receive a yearly salary to be paid to him out of the public funds of the county in which he presides, at such time, and in such amount as the Legislature may direct, but which may
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be varied in each county, according to the service which may be required of him, and shall also be entitled to col- lect and receive such tax fee or cost as may be directed by law, on judgments, criminal or civil, which may be rendered in said court, to be collected as other costs in said cases.
18. There shall, in like manner, be elected a county Solicitor, for each county, who shall be commissioned by the Governor for the term of four years, and until his successor is elected and qualified. He shall diligently prosecute for all offenses within the jurisdiction of said court, and shall receive such fees, or costs, in each case, as may be directed by law.
19. The county court for each county shall have and exercise criminal jurisdiction in all cases which do not subject the offender or offenders to loss of life, limb, or member, or to confinement in the penitentiary for a term not longer than two years.
20. The Solicitor shall make out in writing, an accu- sation, stating the offense charged, upon which the de- fendant shall go to trial before said judge, who shall hear the testimony for and against the accused, and shall ren- der such judgment as the facts and the law require; pro- vided, That in all cases involving confinement in the pen- itentiary, or imprisonment in the common jail of the county, for a term of six months, or of imprisonment or labor at any other place, as may be prescribed by law for a term longer than six months, or of a fine over five hundred dollars, the accused shall have the right to be tried by a jury of twelve men, who may be immediately impannelled.
21. The county court shall have jurisdiction of all
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civil cases arising between a white person and a negro, but all contracts for the performance of labor, or the payment of money must be in writing and signed by the party or parties to be bound thereby, the performance or breach of such contract, may be proved by such com- petent oral testimony as may be directed by law; said court shall have the power to bind out orphan children, under the age of twenty-one years, and all other children whose father, if living, if not whose mother, may consent thereto.
22. The said court shall hold its sessions, or terms, at the courthouse, at least once every month, and oftener if necessary. It shall be a court of record, shall exercise all the powers of the judge of the Superior Court in all cases within its jurisdiction, and its judgments for the infliction of punishment, or for the payment of money shall be enforced in such way and manner as may be directed by law.
23. The powers of a court of ordinary and of pro- bate, shall be vested in an ordinary for each county, from whose decisions there may be an appeal to the Superior Court, under regulations prescribed by law. The ordi- nary shall be, ex-officio, clerk of said court, and may ap- point a deputy clerk. The ordinary as clerk or his deputy, may issue citations and grant temporary letters of administration, to hold until permanent letters are grant- ed, and said ordinary, as clerk, or his deputy, may .grant marriage license. The ordinaries in and for the respec- tive counties, shall be elected in the same manner as other county officers. He shall hold his office for the term of four years, and until his successor is elected and quali- fied, and shall be commissioned by the Governor. In case of any vacancy of said office of ordinary, from any cause,
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the same may be filled by election, as provided in election to other county officers, and until the same is filled, the clerk of the Superior Court for the time being shall act as clerk of said court of ordinary.
The Legislature may make the ordinary eligible also, to hold the office of judge of the county court, in counties not having more than one representative in the legisla- ture.
24. The justices of the peace shall be elected in each district by the persons entitled to vote for members of the General Assembly, and shall have and exercise such powers and jurisdiction as may be conferred upon them by law.
25. The civil business of the Inferior Court, together with the papers, dockets and records in relation thereto, shall be turned over to the Superior Court, and the county business together with the papers and records per- taining thereto, shall be turned over to the three com- missioners, to be known as commissioners of roads, bridges and revenue, who shall be elected as other county officers, and who shall hold their office for the term of four years, and who shall be authorized to exercise all the powers and authority now vested in the Inferior Court in relation to county matters.
Leave of absence was granted Messrs. Adams of Put- nam, Logan of Bibb, and Gibson.
Mr. Warren of Pulaski, introduced the following reso- lution :
Resolved, That the President of this convention, ap- point a committee of five, who shall wait upon His Excel- lency, the Provisional Governor, and enquire of him,
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whether from his official connection with the authorities at Washington, he knows that the repudiation of the debt incurred by the State of Georgia, during the late Civil War, is essential to the resumption of amicable relations with the United States Government; and that said com- mittee be required to report at as early a period as prac- ticable, the result of their enquiry.
On motion of Mr. Warren of Pulaski, the resolution was taken up.
Mr. Kenan moved to lay the resolution on the table, and after considerable discussion, Mr. Anderson of Chatham, called for the previous question.
The convention sustained the call, and the vote being taken on the motion of Mr. Kenan, to lay on the table, the motion was agreed to.
Mr. deGraffenried offered the following resolution, which was read the first time :
Resolved, That the State Treasurer be instructed to make advances of mileage and per diem pay to delegates of the amount due at the rate of $5.00 per day.
On motion of Mr. Kenan, the convention took a recess 1
until 3:30 o'clock this afternoon.
3.30 O'Clock, P. M.
The Convention met again at the appointed hour.
The business in order being the consideration of the Constitution as reported by the Committee of Sixteen.
On motion of Mr. Barnes, the rule was suspended and he moved to amend the twenty-fourth rule of the Con- vention; which was lost.
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Mr. Barnes introduced the folowing resolution : 1
Resolved, That in accordance with the rules of this Convention, requiring the Assistant Secretary and the Engrossing and Enrolling clerks to be sworn, the Sec- retary be authorized to appoint such assistant and clerks, and that they be sworn accordingly.
Which was taken up twice, read and adopted.
In accordance with the foregoing resolution, the Sec- retary appointed F. T. Snead of the county of Macon, as Assistant Clerk, S. C. Johnson of the county of Daw- son, as Journalizing Clerk, Walter T. McArthur of the · county of Montgomery, as Engrossing Clerk, and Danl. B. Sanford of the county of Greene, as Enrolling Clerk, and they were duly qualified and entered upon their du- ties.
Mr. King, of Greene, introduced the following ordi- nance, which was taken up, read twice, and referred to the committee of sixteen.
AN ORDINANCE.
To provide for the payment of Ordinaries and Clerks of the Superior Courts of this State for certain ser- vices rendered by said officers.
The people of Georgia, in Convention assembled ordain, That, whereas His Excellency, James Johnson, Provis- ional Governor of the State of Georgia, did, on the 7th day of August, 1865, order by proclamation of said date, Ordinaries of the several counties of said State, when not laboring under certain disabilities, and clerks of the Superior Courts of said counties, in case said Ordinaries
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were laboring under said disabilities, to administer the amnesty oath, prescribed in the President's proclama- tion of 29th May, 1865, to citizens desirous and capable of taking said oath; and whereas, no compensation has been provided by law for said service rendered by said officers in accordance with said proclamation of the Gov- ernor, the sum of fifty cents be paid to each of said offi- cers for every oath thus administered, for which he has received no compensation.
That on presentation by said officers of their sev- eral accounts properly verified under oath, to the Comp- troller-General of the State, he is hereby authorized and required to draw his warrant on the Treasurer for the amount of said accounts (or so much thereof as is properly authenticated), and it shall be the duty of the Treasurer to pay said warrant out of any money raised by taxation or otherwise, not specially appropriated to other purposes.
Mr. deGraffenried moved to take up the resolution introduced by him this morning, authorizing the Treas- urer to make advances of mileage and per diem pay to delegates.
The resolution was taken up and read a second time.
Mr. Lewis of Greene, moved to amend the resolution so as to read as follows:
Resolved, That the State Treasurer be instructed to make advances of mileage and per diem pay to delegates of the Convention according to the mileage and per diem allowed to members of the General Assembly by the Code of Georgia.
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The amendment was agreed to, and the resolution as amended was adopted.
On motion of Mr. Jenkins, the Convention proceeded with the unfinished business of yesterday, which was the consideration of the Constitution as reported by the com- mittee of sixteen.
The second article was taken up by sections and par- agraphs.
Paragraphs 1, 2 and 3 of the first section, were agreed to.
Mr. Rumph moved to amend the 4th paragraph by striking out all from the word "no" to the word "de- faulter," but subsequently withdrew his motion.
Mr. Dorsey moved to add the word "legal" before "taxes," which was agreed to, and the paragraph as amended was agreed to.
Mr. Graham moved to amend the 5th paragraph by inserting the words "or either of them" after the words "United States."
The amendment was concurred in, and the paragraph as amended was agreed to.
The 6th paragraph was agreed to.
Mr. Cureton moved to amend the 2d section by in- serting after the word "chosen" the word "alter- nately." Lost.
Mr. Parrott moved to amend by striking out all of said section down to the words "if a new county be es- tablished," and inserting the following in lieu thereof :
"The Senate shall consist of thirty-three members,
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one to be chosen from each Senatorial District, which Senatorial District shall be composed of four contigu- ous counties. The whole number to be elected on the 15th day of November next, and on the first day of the first session of the Senate hereafter to be held, the Presi- dent of the Senate shall put the names of all said Sena- tors into a box and fairly and impartially draw from said box eleven names, who shall serve for six years; eleven who shall serve for four years, and eleven who shall serve for two years.
And that an election shall be held bi-ennially to fill the places of those whose terms shall expire, and those elected as last aforesaid, shall serve for six years."
Mr. Hill of Morgan, moved to amend by saying "this provision shall go into effect at and after the election in 1867."
Mr. Warren of Houston, moved to postpone its con- sideration until Monday, but subsequently withdrew his motion.
Mr. Simmons of Gwinnett, moved to recommit to the committee of sixteen. Agreed to.
Mr. Turner of Quitman, moved to suspend the rules to allow him to introduce a resolution.
The rules were suspended and he introduced the fol- lowing preamble and resolution :
The melancholy announcement having been made to the Convention of the death of Benjamin H. Rice, Es- quire, a member elect of this Convention from the county of Quitman, who departed this life on the 26th instant,
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Resolved, That the members of this Convention la- ment his death, and sympathize with the family on the great bereavement which they have suffered, and that as a mark of respect to the memory of the deceased, this Convention do now adjourn.
Resolved, That these resolutions be entered on the Journal of the Convention.
The resolution was taken up, read and adopted; wherefore the Convention adjourned until 9:30 o'clock Monday morning.
MONDAY, OCTOBER 30TH, 1865,
9:30 O'CLOCK, A. M.
The Convention met pursuant to adjournment, and after prayer by the Rev. Mr. Flinn, the Journal of Sat- urday was read.
Mr. Seward of Thomas, moved to reconsider so much of the Journal of Saturday as refers to the action of the Convention upon the resolution of Mr. Warren, of Pu- laski, asking the appointment of a committee of five to wait upon the Provisional Governor and enquire of him whether, from his official connection with the authori- ties at Washington, he knows that the repudiation of the debt incurred by the State of Georgia during the late Civil War, is essential to the resumption of amicable relations with the United States Government.
The motion to reconsider was, on motion of Mr. Seward, laid over for the present; and, on his motion, the rules were suspended to enable him to introduce the following resolution :
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Resolved, That His Excellency the Provisional Gor- ernor, be requested to communicate to the Convention, at any time, any facts in his possession that he may deem of public interest.
Agreed to.
On motion of Mr. Warner of Meriwether, so much of the Journal as refers to the adoption of the amend- ment adding the words "or either of them" after the words "United States," was reconsidered.
On motion of Mr. Rawls of Effingham, so much of the Journal of Saturday as records the adoption of the sec- ond paragraph of the first section of the second article of the Constitution, was reconsidered.
Mr. Anderson from Chatham, chairman of the com- mittee of five appointed to memorialize the President of the United States for the pardon of Jefferson Davis, A. H. Stephens and others, made the following report :
MILLEDGEVILLE, October 30th, 1865.
To His Excellency ANDREW JOHNSON,
President of the United States:
The delegates of the State of Georgia in Convention assembled, do earnestly invoke the Executive clemency in behalf of Jefferson Davis and Alexander H. Stephen.s. and of James A. Seddon of Virginia; A. G. MeGrath of South Carolina; Allison and David L. Yulee of Flor- ida, and H. W. Mercer of Georgia, now confined as pris- oners in Fort Pulaski, and of all other prisoners simi- larly circumstanced.,
Your Excellency has been pleased to restore Mr.
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Stephens to his liberty. He returns to the grateful peo- ple of his State as a solemn pledge of the magnanimity which rules the public councils, and his great name and influence will be potent to revive the amity of the past, and to fructify the wise and generous policy which Your Excellency has inaugurated. Emboldened by this ex- ample, impelled by the purity of our motives, and stimu- lated by the prayers of a numerous people, we appeal for clemency in behalf of the distinguished persons we have named. Restore them to liberty and to the em- braces of their families. Translate them from captivity to the light of freedom and of hope, and the gratitude of the prisoners will be mingled with the joyful accla- mations which shall ascend to heaven from the hearts of the people.
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