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Gen. assembly to meet annually. Quorum.

Each house to judge of the

qualifications of its mem

bers,

contempts.

with the above exceptions, unless he shall decline accepting his seat, by notice to the executive, within twenty days after he shall have been elected; nor shall any member after having taken his seat, be eligible to any of the aforesaid offices or appointments during the time for which he shall have been elected.

108. Sec. 12. The meeting of the general assembly shall be annual on the second Tuesday in January, until such day of meeting be altered by law; a majority of each branch shall be authorized to proceed to business; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house shall prescribe.

109. Sec. 13. Each house shall be judges of the elections, reelections and turns, and qualifications of its own members with powers to expel or punish by censuring, fining, and imprisoning, or either, for disorderly behaviour, and may expel any person convicted of any felonious or inand punish famous offence; each house may punish by imprisonment, during session, any person not a member, who shall be guilty of disrespect, by any disorderly or contemptuous behaviour in its presence, or who during session, shall threaten harm to the body or estate of any member, for any thing said or done in either house, or who shall assault any of them therefor; or who shall assault or arrest any witness in going to or returning therefrom, or who shall rescue any person arrested by order of either house.

Members free from arrest in civil cases.

110. Sec. 14. No senator or representative shall be liable to be arrested during his attendance on the general assembly, or for ten days previous to its sitting, or for ten days after the rising thereof, Freedom of except for treason, felony, or breach of the peace; nor shall any member be liable to answer for any thing spoken in debate, in either house, in any court or place elsewhere; but shall nevertheless be bound to answer for perjury, bribery, or corruption.

debate.

Journals.

Yeas and
Lays.

Revenue bills.

Rules for passing bills.

Members to be sworn.

111. Sec. 15. Each house shall keep a journal of its proceedings, and publish them immediately after their adjournment; and the yeas and nays of the members on any question shall, at the desire of any two members, be entered on the journals.

112. Sec. 16. All bills for raising revenue or appropriating moneys, shall originate in the house of representatives; but the senate shall propose or concur with amendments as in other bills.

113. Sec. 17. Every bill shall be read three times and on three separate days, in each branch of the general assembly, before it shall pass, unless in cases of actual invasion or insurrection; nor shall any law or ordinance pass containing any matter different from what is expressed in the title thereof; and all acts shall be signed by the president in the senate, and the speaker in the house of representatives: no bill or ordinance which shall have been rejected by either house, shall be brought in again during the session, under the same or any other title, without the consent of two-thirds of each branch.

114. Sec. 18. Each senator and representative, before he be permitted to take his seat, shall take an oath or make affirmation that he hath not practised any unlawful means, either directly or indirectly, Canvassing to procure his election, and every person shall be disqualified from prohibited. serving as a senator or representative for the term for which he shall

have been elected, who shall be convicted of having given or offered any bribe or treat, or canvassed for such election, and every candidate employing like means and not elected, shall on conviction be ineligi ble to hold a seat in either house, or to hold any office of honour or

profit for the term of one year, and to such other disabilities or penalties as may be prescribed by law.

115. Sec. 19. Every member of the senate or house of repre- Oath of the sentatives shall, before he takes his seat, take the following oath or members. affirmation, to wit: "I, A. B. do, solemnly swear, or affirm, (as the case may be,) that I have not obtained my election by bribery, treats, canvassing, or other undue or unlawful means, used by myself, or others by my desire or approbation, for that purpose; that I consider myself constitutionally qualified as a senator or representative; and that on all questions and measures which may come before me, I will give my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperity of this state; and that I will bear true faith and allegiance to the same; and to the utmost of my power and ability observe, conform to, support, and defend the constitution thereof."

116. Sec. 20. No person who hath been, or may be convicted of tieneral disfelony, before any court of this state, or any of the United States, from office. qualification shall be eligible to any office or appointment of honour, profit, or trust, within this state.

of the legisla

117. Sec. 21. Neither house, during the session of the general Adjournment assembly shall, without the consent of the other, adjourn for more fure. than three days, nor to any other place, than that at which the two branches shall be sitting; and in case of disagreement between the senate and house of representatives with respect to their adjournment, the governor may adjourn them.

118. Sec. 22. The general assembly shall have power to make Powers of all laws and ordinances which they shall deem necessary and proper assembly. the general for the good of the state, which shall not be repugnant to this constitution.

of the boun

119. Sec. 23. They shall have power to alter the boundaries of the present counties, and to lay off new ones, as well out of the counties already laid off, as out of the other territory belonging to the state; but the property of the soil, in a free government, being one of the essential rights of a free people, it is necessary, in order to avoid disputes, that the limits of this state should be ascertained with precision and exactness; and this convention composed of the immediate representatives of the people, chosen by them to assert their rights, and to revise the powers given by them to the government, and from whose will all ruling authority of right flows, doth assert and declare the boundaries of this state to be as follows: That is to say, Declaration the limits, boundaries, jurisdictions, and authority of the state of dary of the Georgia, do, and did, and of right ought to extend from the sea, or state. the mouth of the river Savannah, along the northern branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch or stream of the said river Tugalo, till it intersects the northern boundary line of South Carolina. If the said branch or stream of Tugalo extends so far north, reserving all the islands in the said rivers Savannah and Tugalo to Georgia; but if the head spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi to be drawn from the head spring or source of the said branch or stream of Tugalo. river, which extends to the highest northern latitude; thence down the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude; south by a line drawn due east from the termination of the line last mentioned, in the latitude of thirty-one degrees north

Proviso.

ture authori

of the equator, to the middle of the river Apalachicola or Chatahoochee; thence along the middle thereof to its junction with Flint river, thence straight to the head of St. Mary's river, and thence along the middle of St. Mary's river to the Atlantic Ocean; and from thence to the mouth or inlet of Savannah river, the place of beginning. Including and comprehending all the lands and waters within the said limits, boundaries, and jurisdictional rights, and also all the islands within twenty leagues of the sea coast. And this convention doth further declare and assert, that all the territory without the present temporary line and within the limits aforesaid, is now of right the property of the free citizens of this state, and held by them in sovereignty, inalienable but by their consent: Provided nevertheless, The legisla that nothing herein contained shall be construed so as to prevent a zed to sell a sale to, or contract with the United States, by the legislature of this to the United State, of and for all or any part of the western territory of this state, laying westward of the river Chatahoochee, on such terms as may be beneficial to both parties; and may procure an extension of settlement, and an extinguishment of Indian claims in and to the vacant territory of this state, to the east and north of the said river Chatahoochee, to which territory such power of contract or sale, by the legislature, shall not extend: And provided also, the legislature may give its consent to the establishment of one or more governments No monopo- westward thereof; but monopolies of land by individuals being conlies permit- trary to the spirit of our free government, no sale of territory of this state, or any part thereof, shall take place to individuals or private companies, unless a county or counties shall have been first laid off, including such territory, and the Indian rights shall have been extinguished thereto.

certain part

States.

Proviso.

Certain par

void.

Considera

be returned,

120. Sec. 24. The foregoing section of this article having dechases consti-clared the common rights of the free citizens of this state in and to tutionally all the territory without the present temporary boundary line, and within the limits of this state thereby defined, by which the contemplated purchases of certain companies of a considerable portion thereof are become constitutionally void; and justice and good faith require that the state should not detain a consideration for a contract which has failed; the legislature, at their next session, shall make tion money to provision by law for returning to any person or persons who has or have bona fide deposited moneys for such purchases in the treasury of this state: Provided that the same shall not have been drawn therefrom in terms of the act passed the thirteenth day of February, one thousand seven hundred and ninety-six, commonly called the rescinding act, or the appropriation laws of the years one thousand seven hundred and ninety-six, and one thousand seven hundred and ninety-seven: nor shall the moneys paid for such purchases ever be deemed a part of the funds of this state, or be liable to appropriation as such; but until such moneys be drawn from the treasury, they shall be considered altogether at the risk of the persons who have deposited the same. No money shall be drawn out of the treasury, or from the public funds of this state, except by appropriation made by law, and a regular statement and account of the receipts and expenditures of all public moneys shall be published from time to time. No vote, resolution, law, or order shall pass the general assembly, granting a donation or gratuity in favour of any person whatever, but by the concurrence of two-thirds of the general assembly.

and never to be deemed a public funds.

part of the

Donations,

how to be

granted.

A census to be taken

121. Sec. 25. It shall be the duty of the justices of the inferior court, or any three of them, in each county respectively, within sixty days after the adjournment of this convention, to appoint one or more

fit persons in each county, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enumeration of all free white persons and people of colour residing therein, distinguishing, in separate columns, the free white persons from persons of colour; and return the same to the clerks of the superior courts of the several counties, certitied under their hands, on or before the first day of December next; the persons so appointed being first severally sworn before the said justices, or either of them, duly and faithfully to perform the trust reposed in them; and it shall be the duty of the said clerks to transmit all such returns, under seal, directed to the speaker of the house of representatives, at the first session of the legislature thereafter; and it shall be the duty of the general assembly, at their said first session, to apportion the members of the house of representatives among the several counties, agreeably to the plan prescribed by this constitution, and to provide an adequate compensation for the taking of the said census. Every person, whose usual place of abode shall be in any family on the first Monday in July next, shall be returned as of such family; and every person, occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually resides. The general assembly shall, by law, direct the manner of taking every seven such census or enumeration, within every subsequent term of seven years. years, in conformity to this constitution. And it is declared to be the duty of all officers, civil and military, throughout this state, to be aiding and assisting in the true and faithful execution thereof. In case the justices of the inferior courts should fail to make such appointments, or if there should not be a sufficient number of such justices in any county, then the justices of the peace, or any three of them, shall have and exercise like powers and authority respecting the said census; and if the census or enumeration of any county shall not be so taken and returned, then, and in that case, the general assembly shall apportion the representation of such county, according to the best evidence in their power, relative to its population.

ARTICLE II.

chosen for two years,

122. Sec. 1. The executive power shall be vested in a governor, Governor who shall hold his office during the term of two years, and until such time as a successor shall be chosen and qualified: He shall have a competent salary established by law, which shall not be increased or diminished during the period for which he shall have been elected; neither shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power.

ral assembly.

123. Sec. 2. The governor shall be elected by the general as- by the genesembly, at their second annual session after the rising of this convention, and at every second annual session thereafter, on the second day after the two houses shall be organized and competent to proceed to business.*

tion.

124. Sec. 3. No person shall be eligible to the office of governor, His qualificawho shall not have been a citizen of the United States twelve years, and an inhabitant of this state six years, and who hath not attained to the age of thirty years, and who does not possess five hundred

It was proposed by act of 1815, [pam. of 1815, p. 11,] to make the governor elective by the people, but the amendment was lost at the ensuing session. It was moved by Mr. Stith in the convention of 1798, that the governor should be elected by a popular vote, and lost 18 to 50.

filled.

acres of land, in his own right, within this state, and other property. to the amount of four thousand dollars, and whose estate shall not on a reasonable estimation be competent to the discharge of his just debts, over and above that sum.

125. Sec. 4. [Proposed as an amendment, 19th December, 1817.Vol. III. pam. of 1817, p. 74; and passed 15th December, 1818, p. Vacancy, how 212.] In case of the death, resignation, or disability of the governor, the president of the senate, or the last acting president of the senate,* shall exercise the executive powers of the government until such disability be removed, in the election and qualification of the governor by the general assembly: And in the case of the death, resignation, or disability of the president of the senate, or the last acting president of the senate, the speaker of the house of representatives, or the acting speaker of the house of representatives, shall exercise the executive powers of the government until such disability be removed in the election and qualification of a governor by the general assembly.*

Governor's bath.

His style.

His power in pardoning.

er shall issue

tion to fill

126. Sec. 5. The governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear or affirm, (as the case may be,) that I will faithfully execute the office of governor of the state of Georgia; and will, to the best of my abilities, preserve, protect, and defend the said state, and cause justice to be executed in mercy therein, according to the constitution and laws thereof."

127. Sec. 6. He shall be commander in chief of the army and navy of this state, and of the militia thereof.

128. Sec. 7. He shall have power to grant reprieves for offences against the state, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence, in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next general assembly, by whom a pardon may be granted.†

The govern- 129. Sec. 8. He shall issue writs of election to fill up all vacanwrits of elec- cies that happen in the senate, or house of representatives, and shall vacancies in have power to convene the general assembly on extraordinary occaeither house. sions; and shall give them from time to time information of the state special seg- of the republic, and recommend to their consideration such measures as he may deem necessary and expedient.

Shall call

sions, &c.

and fill vacancies in office.

His power fu making laws,

and passing resolutions.

130. Sec. 9. When any office shall become vacant by death, resignation, or otherwise, the governor shall have power to fill such vacancy; and persons so appointed shall continue in office until a successor is appointed agreeably to the mode pointed out by this constitution, or by the legislature.

131. Sec. 10. He shall have the revision of all bills passed by both houses, before the same shall become laws, but two-thirds of both houses may pass a law notwithstanding his dissent; and if any bill should not be returned by the governor within five days after it hath been presented to him, the same shall be a law, unless the general assembly, by their adjournment, shall prevent its return.

132. Sec. 11. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor; and before it

* Added by the amendment.

+Twelve persons convicted of murder have been pardoned by the legislature under this section since the year 1800.

And without his signature. [See resolution of 16th Dec. 1811. Vol. III. 1089.]

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