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enjoyment of all their rights, franchises and privileges; and that the laws and ordinances of the ftate be duly obferved, and that law and juftice in mercy be executed in all judgments. And I do further folemnly promife and fwear, 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 conftitution: And lastly, I do alfo folemnly fwear, that I have not accepted of the government, whereunto I am elected, contrary to the articles of this conftitution. So help me God."

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This oath to be adminiftered to him by the fpeaker of the affembly.

The fame oath to be adminiftered by the speaker to the president of the council.

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No perfon fhall be eligible to the office of governor, who has not refided three years in this ftate.

25. The executive council fhall meet the day after their election, and proceed to the choice of a prefident out of their own body; they fhall have power to appoint their own officers, and settle their own rules of proceedings.

The council fhall always vote by counties, and not individually. 26. Every councillor, being prefent, fhall have power of entering his protest against any measures in council he has not confented to, provided he does it within three days.

27. During the fitting of the affembly, the whole of the executive council fhall attend, unlefs prevented by fickness, or fome other urgent neceffity; and in that cafe, a majority of the council fhall make a board, to examine the laws and ordinances fent them by the houfe of affembly; and all laws and ordinances fent to the council, fhall 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, fhall deliver their reafons for fuch propofed amendments, fitting and covered; the whole house at that time, except the fpeaker, uncovered.

29. The prefident of the executive council, in the abfence or fickness of the governor, fhall exercife all the powers of the


30. When any affair that requires fecrecy fhall be laid before the governor, and the executive council, it fhall be the duty of the governor, and he is hereby obliged, to adminifter the following oath, viz.

"I, A. B. do folemnly fwear, that any bufinefs that shall be at this time communicated to the council, I will not, in any manner whatever, either by fpeaking, writing, or otherwife, reveal the fame to any person whatever, until leave given by the council, or when called upon by the house of affembly; and all this I swear without any refervation whatever. So help me God,"


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And the fame oath fhall be adminiftered to the fecretary, and other officers, neceffary to carry the business into execution.

31. The executive power fhall exift, till renewed, as pointed out by the rules of this conftitution.

32. In all tranfactions between the legislative and executive bodies, the fame fhall be communicated by meffage, to be delivered from the legislative body to the governor, or executive council, by a committee; and from the governor to the houfe of affembly, by the fecretary of the council; and from the executive council, by a committee of the faid council.

33. The governor, for the time being, fhall 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 fhall fpecify, that the perfon commiffioned fhall continue during good behaviour.

35. Every county in this ftate that has, or hereafter may have, two hundred and fifty men, and upwards, liable to bear arms, fhall be formed into a battalion, and when they become too numerous for one battalion, they fhall be formed into more, by bill of the legiflature; and thofe counties that have a lefs number than two hundred and fifty, thall be formed into independent companies.

36. There fhall 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 fecond Tuesday in March, in the county of Effingham.
The third Tuesday in March, in the county of Burke.

The fourth Tuesday in March, in the county of Richmond.
The next Tuesday, in the county of Wilkes.

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 caufes and matter of difpute between any parties, refiding in the fame county, to be tried within the county.

38. All matters of difpute between contending parties, refiding in different counties, fhall be tried in the county where the defendant refides; except in cafes of real eftates, which fhall be tried in the county where fuch real estate lies.

39. All matters of breach of the peace, felony, murder, and treafon against the state, to be tried in the county where the crime was committed. All matters of difpute, both civil and criminal, in any county where there is not a fufficient number of inhabitants to form a court, fhall be tried in the next adjacent county where a court is held.

40. All caufes of what nature foever, fhall be tried in the fuperior court, except as hereafter mentioned; which court


fhall confift of the chief-juftice, and three or more of the juftices refiding in the county; in cafe of the abfence of the chief-juftice," the fenior juftice on the bench fhall act as chief justice, with the clerk of the county, attorney for the ftate, fheriff, coroner, constable, and the jurors. And in cafe of the abfence of any of the aforementioned officers, the juftices on the bench to appoint others in their room pro tempore. And if any plaintiff or defendant in civil caufes fhall be diffatisfied with the determination of the jury, then, and in that cafe, they fhall be at liberty within' three days to enter an appeal from that verdict, and demand a new trial by a fpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, fhall chufe fix, fix more names fhall be taken indifferently out of a box provided for that purpofe, the whole eighteen to be fummoned, and their names to be put together into the box, and the firft twelve that are drawn out, being prefent, fhall be the fpecial jury to try the cause, and from which there can be no appeal.

41. The jury fhall be judges of the law, as well as of fact, and fhall 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 hall apply to the bench, who fhall each of them in rotation give their opinion.

42. The jury fhall be fworn 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 fpecial jury fhall be fworn to bring in a verdict according to law, and the opinion they entertained of the evidence, provided it be not repugnant to juftice, equity and confcience, and the rules and regulations contained in this conftitution, of which they shall judge.

44. Captures both by fea and land to be tried in the county where fuch fhall be carried in; a fpecial court to be called by the chief-juftice, or, in his abfence, by the then fenior justice in faid county, upon application of the captors or claimants, which caufe fhall be determined within the fpace of ten days. The mode of proceeding and appeal fhall be the fame as in the fuperior courts, unless after the fecond trial an appeal is made to the continental congrefs; and the distance of time between the firft and second trial fhall not exceed fourteen days: And all maritime causes to be tried in like manner.

45. No grand-jury fhall 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 jurifdiction thereof be extended to try caufes not amounting to more than ten pounds.

47. All

47. All executions exceeding five pounds, except in the cafe of a court merchant, fhall be ftayed, until the first Monday in March; provided fecurity be given for debts and cofts.

48. All the cofts attending any action in the fuperior court fhall not exceed the fum of three pounds, and that no caufe be allowed to depend in the fuperior court longer than two terms. 49. Every officer of the ftate fhall be liable to be called to account by the houfe of affembly.

50. Every county fhall keep the public records belonging to the fame; and authenticated copies of the feveral records, now in the poffeffion of this ftate, fhall be made out, and depofited in that county to which they belong.

51. Eftates fhall not be entailed, and when a perfon dies inteftate, his or her eftate fhall be divided, according to the act of diftribution made in the reign of Charles the fecond; unless otherwife altered by any future act of the legislature.

52. A register of probates fhall be appointed by the legislature in every, county, for proving wills, and granting letters of adminiftration.

53. All civil officers in each county fhall be annually elected on the day of the general election, except juftices of the peace, and registers of probates, who shall be appointed by the house of affembly.

54. Schools fhall be erected in each county, and fupported at the general expence of the ftate,as the legiflature fhall hereafter point out. 55. A court-house and gaol fhall be erected at the public expence in each county, where the prefent convention, or the future legiflature, fhall point out and direct.

56. All perfons whatever fhall have the free exercise of their religion, provided it be not repugnant to the peace and fafety of the itate; and fhall not, unlefs by confent, fupport any teacher, or teachers, except thofe of their own profeffion.

57. The great feal of the ftate fhall have the following device; on one fide a fcroll, whereon fhall be engraved, The Conftitution of the State of Georgia, and the motto, Pro bono publico; on the other fide an elegant houfe and other buildings, fields of corn, and meadows covered with fheep and cattle; a river running through the fame, with a fhip under full fail, and the motto, Deus nobis hæc Otia fecit.

58. No perfon fhall be allowed to plead in the courts of law, in this ftate, except those who are authorised fo to do by the house of affembly; and if any person so authorised fhall be found guilty of mal-practice before the house of affembly, they fhall have power to fufpend them. This is not intended to exclude any perfon from that inherent privilege of every freeman, the liberty to plead his own cause.

59. Exceffive fines fhall not be levied, nor exceffive bail demanded.

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60. The principles of the habeas corpus a&t fhall be part of this conftitution.

61. Freedom of the prefs, and trial by jury, to remain inviolate for ever.

62. No clergyman, of any denomination, fhall be allowed a feat in the legiflature.

63. No alteration fhall be made in this conftitution without petitions from a majority of the counties, and the voters in each county within this ftate. At which time the affembly shall order a convention to be called for that purpose, fpecifying the alterations to be made, according to the petitions preferred to the affembly by the majority of the counties as aforefaid.


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