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ments, 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.
10. 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 otherwise, 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.
Georgia was the latest settled of the original thirteen States. In 1732, George II. (for whom the State was named), granted this territory to a a company of benevolent individuals, for the purpose of providing an asylum for the poor of England, and for the persecuted Protestants of all nations. The affairs of the colony were committed to a board of 20 trustees. In 1733 James Oglethorpe, with 130 emigrants, commenced a settlement at Savannah. The next year a large number of poor persons arrived. But many of these emigrants were found to be idle and inefficient. This led the trustees to make liberal offers to any who would settle in this colony. By this hundreds were induced to come over from Scotland, Germany, and Switzerland. In 1740 as many as 2500 emigrants had settled in this colony, of whom more than 1500 were the poor of Europe, and for whose support the trustees had expended $500,000. But the trustees, being disappointed in their expectations, gave up their charter in 1752, and Georgia was brought under regulations similar to the other colonies. The first Constitution was formed in 1777, the second in 1785, and the present one in 1798—and was amended in 1839.
Area 58,000 sq. m. Pop. 1850, 905,999, of which 362,966 were slaves, and 2,586, Free blacks.
ARTICLE I. Sec. 1. The legislative, executive, and judiciary departments of government 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.
2. The legislative power shall be vested in two separate and distinct branches, to wit: a Senate and House of Representatives, to be styled “The General Assembly."
3. The Senate shall be elected annually, on the first Monday in 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 freehold 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 twothirds 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 honor, 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 color. 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 thousand 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 one, and not more than four members; the representatives shall be chosen annually, on the first Monday in November, until such day of election be altered by law. Until the aforesaid enumeration shall be made, the several counties shall be entitled to the following number of representatives, respectively: Camden two; Glynn two; Liberty three; M'Intosh two; Bryan one; Chatham four; Effingham two; Scriven two; Montgomery two; Burke three ; Bullock one; Jefferson three; Lincoln two; Elbert threc; Jackson two; Richmond three; Wilkes four; Colum
bia three; Warren 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 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 he 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 clected; 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 behavior; 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 behavior in its presence, or who, during session, shall threaten harm to the body or estate of any
member, for anything 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 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 honor 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: “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