The CONSTITUTION of the State of Georgia, unanimouly

agreed to, in CONVENTION, the 5th of February, 1777

WHEREAS the conduct of the legislature of Great-Britain for many years past, has been so oppreffive on the people of America, that of late years, they have plainly declared, and afferted a right to raise taxes upon the people of America, and to make laws to bind them in all cases whatsoever, without their confent; which conduct being repugnant to the common rights of mankind, hath obliged the Americans, as freemen, to oppose such oppreffive measures, and to affert the rights and privileges they are intitled to, by the laws of nature and reason; and accordingly it hath been done by the general consent of all the people of the states of New Hampshire, Matlachusetts-Bay, RhodeIsland, Connecticut, New-York, New-Jersey, Pennsylvania, the counties of Newcastle, Kent, and Suflex on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, given by their reprefentatives met together in general congress in the city of Philadelphia......

And whereas it hath been recommended by the said Congress on the fifteenth of May laft, to the respective assemblies and conventions of the united states, where no government, sufficient to the exigencies of their affairs, hath been hitherto established, to adopt such government, as may, in the opinion of the representa, tives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.

And whereas the independence of the united states of America has been also declared, on the fourth day of July, one thousand seven hundred and seventy-fix, by the faid honourable congress, and all political connection between them and the crown of GreatBritain is in consequence thereof diffolved.

We, therefore, the representatives of the people, from whom all power originates, and for whose benefit all government is intended, by virtue of the power delegated to us, do ordain and declare, and it is hereby ordained and declared, that the following rules and regulations be adopted for the future government of this state...

1. The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.

2. The legillature of this state shall be composed of the representatives of the people, as is herein after pointed out: And the representatives shall be elected yearly, and every year, on the first Tuesday in December; and the representatives so elected, shall meet the first Tuesday in January following, at Savannah, or any other place or places, where the house of afsfembly for the time being shall direct.

On the first day of the meeting of the representatives so chosen, they shall proceed to the choice of a governor, who shall be stiled, Honourable; and of an executive council, by ballot out of their own body; viz. two from each county, except those counties which are not yet entitled to fend ten members. One of each county shall always attend where the governor refides, by monthly rotation, unless the members of each county agree for a longer or shorter period; this is not intended to exclude either member attending: The remaining number of representatives shall be called The House of Assembly; and the majority of the members of the faid house shall have power to proceed on business.

3. It shall be an unalterable rule, that the house of assembly thall expire, and be at an end yearly and every year, on the day preceding the day of election, mentioned in the foregoing rule.

4. The representation shall be divided in the following manneri Ten members for each county, as is herein after directed, excepting the county of Liberty, which contains three parishes, and that shall be allowed fourteen.

The ceded lands north of Ogeechie shall be one county, and known by the name of Wilkes.

The parish of St. Paul shall be another county, and known by the name of Richmond.

The parish of St. George shall be another county, and known by the name of Burke.

The parish of St. Matthew, and the upper part of St. Philip, above Canouchie, shall be another county, and known by the name of Effingham.

The parish of Christ-Church, and the lower part of St. Philip, below Canouchie, shall be another county, and known by the name of Chatham.

The parishes of St. John, St. Andrew, and St. James, shall be another county, and known by the name of Liberty.

The parishes of St. David and St. Patrick shall be another county, and known by the name of Glyn.

The parishes of St. Thomas and St. Mary shall be another county, and known by the name of Camden.

The port and town of Savannah shall be allowed four members

to represent their trade.

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The port and town of Sunbury shall be allowed two members to represent their trade.

5. The two counties of Glyn and Camden shall have one representative each, and also they, and all other counties that may hereafter be laid out by the house of affembly, shall be under the following regulations, viz, at their first institution, each county shall have one member, provided the inhabitants of faid county shall have ten electors; and if thirty, they shall have two; if forty, three; if fixty, four; if eighty, fix; if an hundred and upwards, ten; at which time two executive councillors shall be chosen, from them, as is directed for the other counties.

6. The representatives shall be chosen out of the residents in each county, who shall have resided, at least, twelve months in this state, and three months in the county where they shall be elected; except the freeholders of the counties of Glyn and Camden, who are in a state of alarm, and who shall have the liberty of choofing one member each, as specified in the articles of this conftitution, in any other county, until they have residents sufficient to qualify them for more: And they shall be of the Proteftant religion, and of the age of twenty-one years, and shall be poffefsed in their own right of two hundred and fifty acres of land, or fome property to the amount of two hundred and fifty pounds.

7. The house of assembly shall have power to make such laws and regulations, as may be conducive to the good order and well being of the state; provided such laws and regulations be not repugnant to the true intent and meaning of any rule or regulation contained in this conftitution.

The house of assembly shall also have power to repeal all laws, and ordinances, they find injurious to the people: And the house shall chuse its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election, for fupplying intermediate vacancies; and shall have power of adjournment to any time, or times within the year,

8. All laws and ordinances shall be three times read, and each 'reading shall be on different and separate days, except in cases of great neceffity and danger; and all laws and ordinances shall be fent to the executive council, after the second reading, for their perusal and advice.

9. All male white inhabitants, of the age of twenty-one years, and possessed, in his own right, of ten pounds value, and liable to pay tax in this state, or being of any mechanic trade, and shall have been a resident fix months in this state, shall have a right to vote at all elections for representatives, or any other officers, herein agreed to be chofen by the people at large; and every person having a right to vote at any election, shall vote by ballot perfonally.

10. No officer whatever shall serve any process, or give any other

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other hindrance to any person intitled to vote, either in going to the place of election, or during the time of the faid election, or on their returning home from such election; nor shall any military officer, or foldier, appear at any election in a military character, to the intent that all elections may be free and open.

11. No person shall be entitled to more than one vote, which shall be given in the county where such person refides, except as before excepted; nor shall any person, who holds any title of nobility, be entitled to a vote, or be capable of ferving as a representative, or hold any post of honour, profit or truft, in this state, whilft such perfon claims his title of nobility; but if the perfon shall give up fuch distinction, in the manner as may be directed by any future legislature, then, and in fuch cafe, he shall be entitled to a vote, and represent, as before directed; and enjoy all the other benefits of a free citizen.

12. Every person absenting himself from an election, and shall neglect to give in his, or their ballot, at such election, shall be subject to a penalty not exceeding five pounds; the mode of recovery, and also the appropriation thereof, to be pointed out, and directed by act of the legislature; provided nevertheless, that a reasonable excuse shall be admitted.

13. The manner of electing representatives shall be by ballot, and shall be taken by two or more justices of the peace, in each county, who shall provide a convenient box for receiving the said ballots; and on clofing the poll, the ballots shall be compared in public, with the lifts of voters that have been taken, and the majority immediately declared; a certificate of the same being given to the perfons elected, and alto a certificate returned to the house of reprefentatives.

14. Every perfon intitled to vote shall take the following oath or affirmation, if required, viz.

" I, A. B. do voluntarily and folemnly swear, or affirm, (as the case may be) that I do owe true allegiance to this state, and will support the constitution thereof. So help me God."

15. Any five of the reprefentatives elected, as before directed, being met, shall have power to administer the following oath to each other; and they or any other member, being so sworn, shall in the house administer the oath to all other members that attend, in order to qualify them to take their seats, viz.

" I, A. B. do folemnly swear, that I will bear true allegiance to the state of Georgia, and will truly perform the trust reposed in me; and that I will execute the same to the best of my knowledge, for the benefit of this state, and the support of the conftitution thereof; and that I have obtained my election without fraud or bribe whatever. So help me God."

16. The continental delegates shall be appointed annually by ballot, and shall have a right to fit, debate and vote, in the houfe

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of assembly, and be deemed a part thereof; subject however to the regulations contained in the twelfth article of the confederation of the united states.

17. No perfon bearing any post of profit under this state, or any person bearing any military commission, under this or any other state, or states, except officers of the militia, shall be elected a representative. And if any representative shall be appointed to any place of profit, or military commiffion, which he shall accept, his feat shall immediately become vacant, and he shall be incapable of re-election, whilst holding such office.

By this article it is not to be understood, that the office of a justice of the peace is a post of profit.

18. No person shall hold more than one office of profit, under this state, at one and the same time.

19. The governor shall, with the advice of the executive council, exercise the executive powers of government, according to the laws of this state, and the constitution thereof; fave only in the case of pardons, and remiffion of fines, which he shall in no instance grant; but he may reprieve a criminal, or suspend a fine, until the meeting of the assembly, who may determine therein, as they shall judge fit.

20. The governor, with the advice of the executive council, shall have power to call the house of assembly together, upon any emergency, before the time which they stand adjourned to.

21. The governor, with the advice of the executive council, shall fill up all intermediate vacancies, that shall happen in offices, till the next general election: And all commissions civil and military shall be issued by the governor, under his hand, and the great feal of the state.

22. The governor may preside in the executive council at all times, except when they are taking into confideration, and perufing the laws and ordinances offered to them by the house of assembly.

23. The governor shall be chofen annually by ballot, and shall not be eligible to the said office for more than one year out of three, nor shall he hold any military commiffion under any other state or states.

The governor shall refide at such place as the house of assembly for the time being shall appoint.

24. The governor's oath.

"I, A. B. elected governor of the state of Georgia, by the representatives thereof, do folemnly promise and swear, that I will, during the term of my appointment, to the best of my skill and judgement, execute the said office faithfully and confcientioufly, according to law, without favour, affection, or partiality; that I will, to the utmost of my power, support, maintain, and defend the state of Georgia, and the constitution of the same; and use my utmost endeavours to protect the people thereof, in the secure enjoyment

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