« AnteriorContinuar »
The senate shall be composed of one member from each election dise trict, as now established for the election of members of the house of representatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two senators, as heretofore.
The seats of those senators who under the constitution shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall repre. sent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, be divided by lots into two classes ; the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the expiration of the fourth year; and the number in these classes shall be so proportioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year.
None of these amendments becoming parts of the constitution of this state shall be altered, unless a bill to alter the same shall have been read on three several days in the house of representatives, and on three several days in the senate, and agreed to at the second and third reading by two-thirds of the whole representation in each branch of the legislature; neither shall any alteration take place, until the bill so agreed to be published three months previous to a new election for members to the house of representatives; and if the alteration proposed by the legislature shall be agreed to in their first session, by two-thirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each house, then, and not other wise, the same shall become a part of the constitution.
AMENDMENT RATIFIED DECEMBER 19, 1816. That the third section of the tenth article of the constitution of this state be altered and amended to read as follows: The judges shall, at such times and places as shall be prescribed by act of the legislature of this state, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them.
CONSTITUTION OF GEORGIA.
The Constitution of the State of Georgia, as revised, amended, and
compiled, by the convention of the State, at Louisville, on the 30th day of May, 1798.
ARTICLE 1. § 1. The legislative, executive, and judiciary departments of govern ment shall be distinct, and each department shall be confided to a separate body of magistracy; and no person or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
Lincoln two; Elbert three; Jackson two; Richmond three; Wilkes
$ 2. The legislative power shall be vested in two separate and distinct branches, to wit: a senate and house of representatives, in be styled " the General Assembly.” $ 3. 'The senate shall be elected annually, on the first Monday in bed November, until such day of election be altered by law; and shall be composed of one member from each county, to be chosen by the electors thereof.
$ 4. No person shall be a senator who shall not have attained to the age of twenty-five years ; and have been nine years a citizen of the United States, and three years an inhabitant of this state, and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, (except persons who may have been absent on public business of this state or of the United States) and is, and shall have been possessed, in his own right, of a settled free-' bold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county, or for one year preceding his election; and whose estate shall, on a reasonable estimation, be fully competent to the discharge of his just debts, over and above that sum.
$5. The senate shall elect, by ballot, a president out of their own body. $ 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation : and no person shall be convicted without the concurrence of two-thirds of the members present : Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honour, trust, or profit, within this state ; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment, according to law. $ 7. The house of representatives shall be composed of members from all the counties which now are, or hereafter may be, included within this state, according to their respective numbers of free white persons, and including three-fifths of all the people of colour. The actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time and in such manner as this convention may direct. Each county containing three
persons, agreeably to the foregoing plan of enumeration, shall be entitled to two members; seven thousand to three members; and twelve thousand to four members; but each county shall have at least ope
, and not more than four members ; the representatives shall be shosen annually, on the first Monday in November, until such day of election be altered by law. Until the aforesaid enumeration shall be male, the several counties shall be entitled to the following number of fepresentatives, respectively: Camden two ; Glynn two; Liberty three ; M'Intosh two; Bryan one; Chatham four ; Effingham two ; Scriven
; Montgomery two; Burke three ; Bullock one ; Jefferson three ; four; Columbia three ; Warren three ; Washington three; Hancock four; Greene threc ; Oglethorpe three ; and Franklin two. $8. No person shall be a representative who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this state, and have usually
resided in the county in which he shall be chosen, one year immediately preceding his election, (unless he shall have been absent on public business of this state or of the United States,) and shall be possessed in his own right of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable property to the amount of five hundred dollars within the county, for one year preceding his election ; and whose estate shall, on a reasonable estimation, be competent to the discharge of his just debts, over and above that sum.
$ 9. The house of representatives shall choose their speaker and other officers.
§ 10. They shall have solely the power to impeach all persons who have been or may be in office.
$11. No person holding any military commission or other appointment, having any emolument or compensation annexed thereto, under this state or the United States, or either of them, except justices of the inferior court, justices of the peace, and officers of the militia, nor any person who has had charge of public moneys belonging to the state, unaccounted for and unpaid, or who has not paid all legal taxes or contributions to the government required of him, shall have a seat in either branch of the general assembly ; nor shall any senator or representative be elected to any office or appointment by the legislature, having any emoluments or compensation annexed thereto, during the time for which ne shall have been elected, with the above exception, 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.
$ 12. The meeting of the general assembly shall be annually, 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 may prescribe.
$ 13. Each house shall be the judges of the elections, returns, 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 infamous of. fence; 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 from, or who shall rescue any person arrested by order of either house.
$ 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, 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, bribe:T, or corruption.
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. $16. All bills for raising revenue or appropriating moneys, shall ori. ginate in the house of representatives ; but the senate shall propose or concur with amendments, as in other bills.
$ 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 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.
$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, to procure his election; and every person shall be disqualified from 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 ineligible 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.
$ 19. Every member of the senate and house of representatives shall, before he takes his seat, take the following oath or affirmation, to wit : “!, 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 23 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
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 10, support, and defend the constitution thereof." $ 20. No person who hath been or may be convicted of felony before any court of this state, or any of the United States, shall be eligible to any office or appointment of honour, profit, or trust, within this state. $21. Neither house, during the session of the general assembly, shall, without the consent of the other, adjourn for more than three days, nor
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. $22. The general assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the goo of the state, which shall not be repugnant to this constitution.
$ 23. They shall have power to alter the boundaries of the esent coanties, 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 essertial 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, 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 shall be as follows, that is to say : the limits, boundaries, jurisdictions, and authority of the state of Georgia, do, and did, and of right ought to, extend from the sea 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 intersect 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 river Savannah and Tu. galo 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 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, That nothing herein contained shall be construed so as to prevent a sale to, or contract with the United States, by the legislature of this state, of and for all or any part of the western territory of this state, lying westward of the river Chatahoochee, on such terms as may be beneficial to both parties; and may procure an extension of settlement, and 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 pro. vided also, The legislature may give its consent to the establishment of one or more governments westward thereof; but monopolies of land by individuals being contrary 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.
$ 24. The foregoing section of this article having declared the common rights of the free citizens of this state, in and to all the territory without the present temporary boundary line, and within the limits of