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 legiflature 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 assembly 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 ftiled, 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 send 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 horter 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 said house shall have power to proceed on business.

3. It shall be an unalterable rule, that the house of assembly shall 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 manner: 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 reprefent their trade.

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5. The two counties of Glyn and Camden shall have one representative each, and alfo 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 chofen 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 refided, 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 ftate 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 affembly 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.

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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 Tent 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 poffefsed, in his own right, of ten pounds valué, 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 chosen by the people at large; and every person having a right to vote at any election, shall vote by ballot perfonally.

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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, of during the time of the said 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 perfon, who holds any title of nobility, be entitled to a vote, or be capable of ferving as as a repre fentative, or hold any post of honour, profit or truft, in this ftate, whilft fuch perfon claims his title of nobility; but if the perfon shall give up fuch diftinction, in the manner as may be directed by any future legiflature, then, and in fuch cafe, he shall be entitled to a yote, and reprefent, as before directed; and enjoy all the other benefits of a free citizen.

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

13. The manner of electing representatives shall be by ballot, and thall be taken by two or incre justices of the peace, in each county, who shall provide a convenient box for receiving the faid ballots; and on clofing the poll, the ballots shall be compared in publ lic, 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 also a certificate returned to the house of reprefentatives..

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Every perfon intitled to vote shall take the following oath

affirmation, if required, viz.

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I, A. B. do voluntarily and folemnly swear, or affirm, (as the cafe may be) that I do owe true allegiance to this ftate, and will fupport the conftitution thereof. So help me God."

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15. Any five of the representatives elected, as before directed, being met, shall have power to adminifter the following oath to each other; and they or any other member, being so sworn, fhall in the house adminiffer 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 ftate of Georgia, and will truly perform the truft reposed in me; and that I will execute the fame to the best of my knowledge, for the benefit of this state, and the fupport 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 house

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of afsembly, and be deemed a part thereof; fubject 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 an perfon bearing any military commiffion, 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.

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By this article it is not to be understood, that the office of a

justice of the peace is a poft of profit.

18. No person shall hold more than one office of profit, under this state, at one and the fame 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 cafe of pardons, and remission of fines, which he shall in no instance grant; but he may reprieve a criminal, or fufpend a fine, until the meeting of the affembly, 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 affembly 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 houfe of aflembly.

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

The governor shall reside at such place as the house of affembly 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 faid 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 ftate of Georgia, and the constitution of the fame; and use my utmost endeavours to protect the people thereof, in the secure enjoyment

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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 resign the government to which I have been elected, at the period to which my continuance in the said office is limited by the constitution: And lastly, I do alfo folemnly 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 assembly. The fame oath to be administered by the speaker to the prefident 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 settle their own rules of proceedings.

The council shall always vote by counties, and not individually. 26. Every councillor, being prefent, 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 assembly, the whole of the executive council shall attend, unless prevented by fickness, or fome 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 such 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 sickness of the governor, shall exercise all the powers of the governor..

30. When any affair that requires fecrecy shall be laid before the governor, and the executive council, it shall be the duty of the governor, and he is hereby obliged, to administer the following oath, 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 same 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 reservation whatever. So help me God."

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