1 And the fame oath shall be administered to the secretary, and other officers, necessary to carry the business into execution, 1 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 affembly, by the secretary of the council; and from the executive council, by a committee of the faid 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 small specify, that the perfon commiffioned shall continue during good behaviour. two 35. Every county in this ftate that has, or hereafter may have, o 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 firft Tuesday in March, in the county of Chatham. The second Tuesday 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. J The like courts to commence in October, and continue as above. 1 37. All causes and matter of dispute between any parties, refiding in the fame 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 refides; 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 fufficient 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 foever, shall be tried in the superior court, except as hereafter mentioned, which court shall 1 thall confift of the chief-justice, and three or more of the justices residing in the county; in case of the absence of the chief-justice, the fenior 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 case 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 fpecial 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 constitution. 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 constitution, of which they shall judge. 44. Captures both by sea and land to be tried in the county where fuch shall be carried in; a special court to be called by the chief-justice, or, in his absence, 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 second trial an appeal is made to the continental congrefs; and the distance of time between the first and second trial shall not exceed fourteen days: And all maritime caufes to be tried in like manner. 45. No grand-jury shall confift of less than eighteen, and twelve may find a bill. 46. That the court of confcience be continued as heretofore practised, and that the jurisdiction 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, 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 fuperior 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 beentailed, and when a person dies intestate, his or her eftate shall be divided, according to the act of diftribution 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 affembly. 54. Schools shall be erected in each county, and supported at the general expence of the state, as the legislature shall hereafter pointour. 55. A court-house and gaol shall be erected at the public expence in cach county, where the present convention, or the future legiflature, shail 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 confent, 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 fame, 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 affembly, and if any person so authorised shall be found guilty of mal-practice before the house of affembly, they shall have power to fufpend 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 conftitution. 60. Tac 61. Freedom of the press, and trial by jury, to remain inviolate for ever. 62. No clergyman, of any denomination, shall be allowed a feat in the legiflature. 63. No alteration shall be made in this conftitution 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 LOUIS, by the Grace of GOD, King of France and Navarre, To all who shall see these presents, Greeting: THE Congress of the thirteen united states of North-America, having by their plenipotentiaries residing at Paris, notified their defire to establish, with us and our states, a good understanding and perfect correspondence, and having for that purpose proposed to conclude with us a Treaty of Amity and Commerce: We having thought it our duty to give to the said flates a sensible proof of our affection, determining us to accept of their propofais: For these causes, and other good confiderations us thereunto moving, we, repofing entire confidence in the abilities and experience, zeal and fidelity for our service, of our deas and beloved Conrad Alexander Gerard, royal syndic of the city of Strasbourg, and fecretary of our council of flate, have nominated. appointed, and commiffioned, and by these presents figned with our hand, do nominate, appoint and commission him our plenipotentiary, giving him power and special command for us and in our name to agree upon, con clude and fign with the plenipotentiaries of the united states, equally furnished in due form with full powers, fuch treaty, convention, and articles of commerce and navigation as he shall think proper, willing that he act with the fame authority might could alt, if we were perfonally present, and even as though he had more special command than what is herein contained; promising in good faith and in the word of a king, to agree to, confirm, and establish for ever, and to accomplish and execute punctually, all that our faid dear and beloved Conrad Alexander Gerard shall ftipulate and sign, by virtue of the present power, without contravening it in any manner, or suffering X qwe or |