i 1 enjoyment of all their rights, franchises and privileges; and that the laws and ordinances of the state be duly observed, and that law and justice in mercy be executed in all judgments. And I do further folemnly promise and swear, that I will peaceably and quietly refign the government to which I have been elected, at the period to which my continuance in the faid office is limited by the constitution: And lastly, I do also solemnly swear, that I have not accepted of the government, whereunto I am elected, contrary to the articles of this constitution. So help me God." This oath to be administered to him by the speaker of the affembly. The fame oath to be administered by the speaker to the president of the council. No person shall be eligible to the office of governor, who has not refided three years in this state. 25. The executive council shall meet the day after their election, and proceed to the choice of a president out of their own body; they shall have power to appoint their own officers, and fettle their own rules of proceedings. The council shall always vote by counties, and not individually. 26. Every councillor, being present, shall have power of entering his protest against any measures in council he has not consented to, provided he does it within three days. 27. During the fitting of the affembly, the whole of the executive council shall attend, unless prevented by fickness, or some other urgent neceffity; and in that cafe, a majority of the council shall make a board, to examine the laws and ordinances sent them by the house of assembly; and all laws and ordinances fent to the council, shall be returned in five days after, with their remarks thereon. 28. A committee from the council fent with any proposed amendments to any law, or ordinance, shall deliver their reasons for fuch proposed amendments, fitting and covered; the whole house at that time, except the speaker, uncovered. 29. The prefident of the executive council, in the absence or fickness of the governor, shall exercise all the powers of the governor. 30. When any affair that requires secrecy shall be laid before the governor, and the executive council, it shall be the duty of the governor, and he is hereby obliged, to adminifter the following wath, viz. "I, A. B. do folemnly swear, that any business that shall be at this time communicated to the council, I will not, in any manner whatever, either by speaking, writing, or otherwise, reveal the famento any person whatever, until leave given by the council, or when called upon by the house of afsembly; and all this I swear without any refervation whatever. So help me God," And And the fame oath shall be administered to the secretary, and other officers, necessary to carry the business into execution. 31. The executive power shall exist, till renewed, as pointed out by the rules of this constitution. 32. In all transactions between the legislative and executive bodies, the same shall be communicated by message, to be delivered from the legislative body to the governor, or executive council, by a committee; and from the governor to the house of afsembly, by the fecretary of the council; and from the executive council, by a committee of the said council. 33. The governor, for the time being, shall be captain-general, and commander in chief, over all the militia, and other military and naval forces belonging to this state. 34. All militia commiffions shall specify, that the person commiffioned shall continue during good behaviour. 1 35. Every county in this state that has, or hereafter may have, two hundred and fifty men, and upwards, liable to bear arms, shall be formed into a battalion, and when they become too numerous for one battalion, they shall be formed into more, by bill of the legiflature; and those counties that have a less number than two hundred and fifty, thall be formed into independent companies. 36. There shall be established in each county a court, to be called a fuperior court, to be held twice in each year, on the first Tuesday in March, in the county of Chatham. The second Tuesday in in March, in the county of Effingham. And Tuesday fortnight, in the county of Liberty. The next Tuesday, in the county of Glyn, And next Tuesday, in the county of Camden. The like courts to commence in October, and continue as above. 37. All causes and matter of dispute between any parties, refiding in the same county, to be tried within the county. 38. All matters of dispute between contending parties, refiding in different counties, shall be tried in the county where the defendant resides; except in cases of real estates, which shall be tried in the county where such real estate lies. 39. All matters of breach of the peace, felony, murder, and treason against the state, to be tried in the county where the crime was committed. All matters of dispute, both civil and criminal, in any county where there is not a sufficient number of inhabitants to form a court, shall be tried in the next adjacent county where a court is held. 40. All causes of what nature soever, shall be tried in the superior court, except as hereafter mentioned; which court shall shall confift of the chief-justice, and three or more of the justices refiding in the county; in case of the absence of the chief-justice, the senior justice on the bench shall act as chief justice, with the clerk of the county, attorney for the state, sheriff, coroner, conftable, and the jurors. And in cafe of the absence of any of the aforementioned officers, the justices on the bench to appoint others in their room pro tempore. And if any plaintiff or defendant in civil causes shall be dissatisfied with the determination of the jury, then, and in that cafe, they shall be at liberty within three days to enter an appeal from that verdict, and demand a new trial by a special jury, to be nominated as follows, viz. each party, plaintiff and defendant, shall chuse six, fix more names shall be taken indifferently out of a box provided for that purpose, the whole eighteen to be summoned, and their names to be put together into the box, and the first twelve that are drawn out, being present, shall be the special jury to try the cause, and from which there can be no appeal. 41. The jury shall be judges of the law, as well as of fact, and shall not be allowed to bring in a special verdict; but if all or any of the jury have any doubts concerning points of law, they thall apply to the bench, who shall each of them in rotation give their opinion. 42. The jury shall be sworn to bring in a verdict according to law, and the opinion they entertain of the evidence; provided it be not repugnant to the rules and regulations contained in this conftitution. 43. The special jury shall be sworn to bring in a verdict according to law, and the opinion they entertained of the evidence, provided it be not repugnant to justice, equity and confcience, and the rules and regulations contained in this conftitution, of which they shall judge. 44. Captures both by sea and land to be tried in the county where such shall be carried in; a special court to be called by the chief-justice, or, in his abfence, by the then senior justice in faid county, upon application of the captors or claimants, which cause shall be determined within the space of ten days. The mode of proceeding and appeal shall be the fame as in the fuperior courts, unless after the fecond trial an appeal is made to the continental congress; and the distance of time between the first and second trial shall not exceed fourteen days: And all maritime causes to be tried in like manner. 45. No grand-jury Chall confift of less than eighteen, and twelve may find a bill. 46. That the court of confcience be continued as heretofore practifed, and that the jurisdiction thereof be extended to try causes not amounting to more than ten pounds. 47. All 47. All executions exceeding five pounds, except in the cafe of a court merchant, shall be stayed, until the first Monday in March; provided security be given for debts and costs. 48. All the costs attending any action in the superior court shall not exceed the sum of three pounds, and that no cause be allowed to depend in the superior court longer than two terms. 49. Every officer of the state shall be liable to be called to account by the house of affembly. 50. Every county shall keep the public records belonging to the fame; and authenticated copies of the several records, now in the poffeffion of this state, shall be made out, and depofited in that county to which they belong. 51. Estates shall not be entailed, and when a person dies inteftate, his or her estate shall be divided, according to the act of distribution made in the reign of Charles the second; unless otherwise altered by any future act of the legislature. 52. A regifter of probates shall be appointed by the legislature in every county, for proving wills, and granting letters of administration. 53. All civil officers in each county shall be annually elected on the day of the general election, except justices of the peace, and, registers of probates, who shall be appointed by the house of assembly. 54. Schools shall be erected in each county, and supported at the general expence of the state, as the legiflature shall hereafter pointout. 55. A court-house and gaol shall be erected at the public expence in each county, where the present convention, or the future legislature, shall point out and direct. 56. All perfons whatever shall have the free exercise of their religion, provided it be not repugnant to the peace and safety of the state; and shall not, unless by consent, support any teacher, or teachers, except those of their own profession. 57. The great feal of the state shall have the following device; on one fide a scroll, whereon shall be engraved, The Constitution of the State of Georgia, and the motto, Pro bono publico; on the other fide an elegant house and other buildings, fields of corn, and meadows covered with sheep and cattle; a river running through the same, with a ship under full fail, and the motto, Deus nobis hæc Otia fecit. 58. No person shall be allowed to plead in the courts of law, in this state, except those who are authorised so to do by the house of assembly; and if any person so authorised shall be found guilty of mal-practice before the house of assembly, they shall have power to suspend them. This is not intended to exclude any person from that inherent privilege of every freeman, the liberty to plead his own cause. 59. Excessive fines shall not be levied, nor excessive bail demanded. 60. The principles of the habeas corpus act shall be part of this constitution. 61. Freedom of the press, and trial by jury, to remain inviolate for ever. 62. No clergyman, of any denomination, shall be allowed a seat in the legiflature. 63. No alteration shall be made in this constitution without petitions from a majority of the counties, and the voters in each county within this state. At which time the affembly shall order a convention to be called for that purpose, specifying the alterations to be made, according to the petitions preferred to the assembly by the majority of the counties as aforesaid. TREATIES |