1. The legislative, executive, and judiciary departments shall be separate and diftinét, so that neither exercise the powers properly belonging to the other.

2. The legislature of this ftate fhall be compofed of the reprefentatives of the people, as is herein after pointed out: And the representatives fhall be elected yearly, and every year, on the first Tuesday in December; and the reprefentatives fo elected, fhall meet the first Tuesday in January following, at Savannah, or any other place or places, where the houfe of affembly for the time being fhall direct.

On the first day of the meeting of the reprefentatives fo chofen, they fhall proceed to the choice of a governor, who fhall 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 fend ten members. One of each county fhall always attend where the governor refides, by monthly rotation, unless the members of each county agree for a longer or fhorter period; this is not intended to exclude either member attending: The remaining number of representatives shall be called The Houfe of Affembly; and the majority of the members of the said houfe fhall have power to proceed on business.

3. It shall be an unalterable rule, that the house of affembly 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 fhall 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 fhall be allowed fourteen.

The ceded lands north of Ogeechie fhall be one county, and known by the name of Wilkes.

The parish of St. Paul fhall be another county, and known by the name of Richmond.

The parish of St. George fhall be another county, and known by the name of Burke.

The parish of St. Matthew, and the upper part of St. Philip, above Canouchie, fhall be another county, and known by the name of Effingham.

The parish of Christ-Church, and the lower part of St. Philip, below Canouchie, fhall 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 fhall be another county, and known by the name of Glyn.

The parishes of St. Thomas and St. Mary fhall be another county, and known by the name of Camden.

The port and town of Savannah fhall be allowed four members to represent their trade.

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The port and town of Sunbury fhall be allowed two members to reprefent their trade.

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5. The two counties of Glyn and Camden fhall have one reprefentative each, and alfo they, and all other counties that may hereafter be laid out by the houfe of affembly, fhall be under the following regulations, viz. at their firft inftitution, each county fhall have one member, provided the inhabitants of faid county fhall have ten electors; and if thirty, they fhall have two; if forty, three; if fixty, four; if eighty, fix; if an hundred and upwards, ten; at which time two executive councillors fhall be chofen from them, as is directed for the other counties.

6. The reprefentatives fhall be chofen out of the refidents in each county, who fhall have refided, at leaft, twelve months in this ftate, and three months in the county where they fhall be elected; except the freeholders of the counties of Glyn and Camden, who are in a state of alarm, and who fhall have the liberty of choofing one member each, as specified in the articles of this conftitution, in any other county, until they have refidents fufficient to qualify them for more: And they fhall be of the Proteftant religion, and of the age of twenty-one years, and fhall be poffeffed 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 affembly fhall have power to make fuch laws and regulations, as may be conducive to the good order and well being of the ftate; provided fuch laws and regulations be not repugnant to the true intent and meaning of any rule or regulation contained in this conftitution.

The houfe of affembly fhall alfo bave power to repeal all laws, and ordinances, they find injurious to the people: And the houfe fhall chufe its own fpeaker, appoint its own officers, fettle its own rules of proceeding, and direct writs of election, for supplying intermediate vacancies; and fhall have power of adjournment to 'any time, or times within the year.

8. All laws and ordinances fhall be three times read, and each reading fhall be on different and feparate days, except in cafes of great neceffity and danger; and all laws and ordinances fhall be fent to the executive council, after the fecond reading, for their perufal and advice.

All male white inhabitants, of the age of twenty-one years, 9. and poffeffed, in his own right, of ten pounds value, and liable to pay tax in this ftate, or being of any mechanic trade, and fhall have been a refident fix months in this ftate, fhall have a right to vote at all elections for reprefentatives, or any other officers, herein agreed to be chofen by the people at large; and every perfon having a right to vote at any election, fhall vote by ballot perfonally.

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10. No officer whatever fhall ferve any procefs, or give any other

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other hindrance to any perfon intitled to vote, either in going to the place of election, of during the time of the faid election, or on their returning home from fuch election; nor fhall any military officer, or foldier, appear at any election in a military character, to the intent that all elections may be free and open.

No

II. perfon fhall be entitled to more than one vote, which fhall be given in the county where fuch perfon refides, except as before excepted; nor fhall any perfon, who holds any title of nobility, be entitled to a vote, or be capable of ferving as a reprefentative, or hold any post of honour, profit or truft, in this ftate, whilft fuch perfon claims his title of nobility; but if the perfon fhall give up fuch, diftinction, in the manner as may be directed by any future legiflature, then, and in fuch cafe, he thall be entitled to a yote, and reprefent, as before directed; and enjoy all the other benefits of a free citizen.

12. Every perfon abfenting himself from an election, and fhall 'neglect to give in his, or their ballot, at fuch election, fhall 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 legislature; provided nevertheless, that a reafonable excufe fhall be admitted.

13 The manner of electing reprefentatives fhall be by ballot, and fhall be taken by two or more justices of the peace, in each county, who fhall provide

and on sofa convenient box for receiving the faid

in

ballotso the poll, the ballots fhall be public, with the lifts of voters that have been taken, and the majority immediately declared; a certificate of the fame being given to the perfons elected, and alfo a certificate returned to the houfe of reprefentatives..

14. Every perfon, intitled to vote fhall take the following oath or affirmation, if required, viz.. 110.

I, A. B. do voluntarily and folemnly fwear, 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."

15. Any five of the reprefentatives elected, as before directed, being met, fhall have power to adminifter the following oath to each other; and they or any other member, being fo fworn, fhall in the houfe adminifter the oath to all other members that attend, in order to qualify them to take their feats, viz.

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I, A, B. do folemnly fwear, that I will bear true allegiance to the state of Georgia, and will truly perform the truft repofed in me; and that I will execute the fame to the beft of my knowledge, for the benefit of this ftate, 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 fhall be appointed annually by ballot, and fall have a right to fit, debate and vote, in the house

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of affembly, 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 poft of profit under this state, or any perfon bearing any military commiffion, under this or any other ftate, or ftates, except officers of the militia, fhall be elected a reprefentative. And if any reprefentative fhall be appointed to any place of profit, or military commiffion, which he fhall accept, his feat fhall immediately become vacant, and he fhall be incapable of re-election, whilft holding fuch office.

By this article it is not to be understood, that the office of a juftice of the peace is a poft of profit.

18. No perfon fhall hold more than one office of profit, under this ftate, at one and the fame time.

19. The governor fhall, with the advice of the executive council, exercise the executive powers of government, according to the laws of this ftate, and the conftitution thereof; fave only in the cafe of pardons, and remiffion of fines, which he fhall in no inftance grant; but he may reprieve a criminal, or fufpend a fine, until the meetin of the affembly, who may determine therein, as

they fhall judge fit.

20. The governor, with the advice, of the executive council, fhall have power to call the houfe of affembly together, upon any emergency, before the time which they ftand adjourned to.

21. The governor, with the advice of the executive council, fhall fill up all intermediate vacancies, that fhall happen in offices, till the next general election: And all commiffions civil and military fhall be iffued by the governor, under his hand, and the great feal of the state.

22. The governor may prefide 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 affembly.

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

The governor fhall refide at fuch place as the houfe of affembly for the time being hall appoint.

24. The governor's oath.

"I, A. B. elected governor of the ftate of Georgia, by the reprefentatives thereof, do folemnly promife and fwear, that I will, during the term of my appointment, to the beft of my skill and judgement, execute the faid office faithfully and confcientiously, according to law, without favour, affection, or partiality; that I will, to the utmost of my power, fupport, maintain, and defend the ftate of Georgia, and the conftitution of the fame; and ufe 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 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."

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

The fame oath to be administered by the speaker to the prefident of the council.

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

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 fettle their own rules of proceedings.

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

27. During the fitting of the aflembly, the whole of the executive council fhall attend, unless prevented by ficknefs, or some 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, Thall deliver their reafons for fuch propofed amendments, fitting and covered; the whole houfe at that time, except the fpeaker, uncovered.

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

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 perfon whatever, until leave given by the council, or when called upon by the house of affembly; and all this I fwear without any refervation whatever. So help me God."

And