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three; M'Intosh two; Bryan one; Chatham four; Effingham two; Scriven two; Montgomery two; Burke three; Bullock one; Jefferson three; Lincoln two; Elbert three; Jackson two; Richmond three; Wilkes four; Columbia three; War. ren three; Washington three; Hancock four; Greene three; 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 elec. tion, (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 contri. butions to the government, required of him, shall have a seat in either branch of the general assembly; nor shall any sena. tor or representative be elected to any office or appointment by the legislature, having any emoluments or compensation annexed thereto, during the time for which he shall have been elected, 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.
$ 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 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 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, bribery, 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 originate 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 wbich 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 per
son shall be disqualified from serving as a senator or representį ative, 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 representa. tives shall, before he takes his seat, take the following oath or 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 mea. sures 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."
$ 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 as. sembly, shall, with the consent of the other, adjourn for more 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.
§ 22. The general assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the good of the state, which shall not be repugnant to this constitution.
$ 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, 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 or 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 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 men. tioned, in the latitude of thirty-one degrees north of the equa. tor, 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 Chatahoochce, 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 the 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 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 terrizory, 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 this state thereby defined, by which the contemplated purchases of certain companies of a consi. derable 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 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 : Pro. vided, '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.
$ 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, certified under their hands, on or before the first day of Decem ber 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 ses. sion 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 such census or enumeration, within every subsequent term of seven years, in conformity to this constitution. And it is declared to be the duty of all offi. cers, civil and military, throughout the state, to bé aiding and assisting in the true and faithful execution thereof. In case the