And the fame oath fhall be adminiftered to the secretary, and other officers, neceffary to carry the bufinefs into execution,

31. The executive power fhall exift, till, renewed, as pointed out by the rules of this conftitution.

32. In all tranfactions between the legislative and executive bodies, the fame fhall be communicated by meffage, to be delivered from the legislative body to the governor, or executive council, by a committee; and from the governor to the houfe of affembly, by the fecretary of the council; and from the executive council, by a committee of the faid council.

33. The governor, for the time being, fhall be captain-general, and commander in chief, over all the militia, and other military and naval forces belonging to this state.

34. All militia commiffions fall fpecify, that the person commiffioned fhall continue during good behaviour.

35, Every county in this ftate that has, or hereafter may have, two hundred and fifty men, and upwards, liable to bear arms, fhall be formed into a battalion, and when they become too numerous for one battalion, they fhall be formed into more, by bill of the legiflature; and thofe counties that have a lefs number than two hundred and fifty, thall be formed into independent companies.

36. There fhall be established in each county a court, to be called a fuperior court, to be held twice in each year, on the firft Tuesday in March, in the county of Chatham.

The fecond Tuesday in March, in the county of Effingham.
The third Tuesday in March, in the county of Burke.

The fourth Tuesday in March, in the county of Richmond.
The next Tuesday, in the county of Wilkes)

And Tuesday fortnight, in the county of Liberty,
The next Tuesday, in the county of Glyn.,

And next Tuesday, in the county of Camden.

The like courts to commence in October, and continue as

above.

37. All caufes and matter of difpute between any parties, refiding in the fame county, to be tried within the county.

38. All matters of difpute between contending parties, refiding in different counties, fhall be tried in the county where the defendant refides; except in cafes of real eftates, which shall be tried in the county where fuch real estate lies.

39. All matters of breach of the peace, felony, murder, and treafon against the ftate, to be tried in the county where the crime was committed. All matters of difpute, both civil and criminal, in any county where there is not a fufficient number of inhabitants to form a court, fhall be tried in the next adjacent County where a court is held........

40. All caufes of what nature foever, fhall be tried in the fuperior court, except as hereafter mentioned; which court

fhall

hall confift of the chief-juftice, and three or more of the juftices refiding in the county; in cafe of the abfence of the chief-juftice, the fenior juftice on the bench fhall act as chief juftice, with the clerk of the county, attorney for the ftate, fheriff, coroner, conftable, and the jurors. And in cafe of the abfence of any of the aforementioned officers, the juftices on the bench to appoint others in their room pro tempore. And if any plaintiff or defendant in civil caufes fhall be diffatisfied with the determination of the jury, then, and in that cafe, they fhall be at liberty within three days to enter an appeal from that verdict, and demand a new trial by a fpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, fhall chufe fix, fix more names fhall be taken indifferently out of a box provided for that purpose, the whole eighteen to be fummoned, and their names to put together into the box, and the first twelve that are drawn out, being prefent, fhall be the fpecial jury to try the cause, and from which there can be no appeal.

be

41. The jury fhall be judges of the law, as well as of fact, and shall not be allowed to bring in a special verdict; but if all or any of the jury have any doubts concerning points of law, they thall apply to the bench, who shall each of them in rotation give their opinion.

42. The jury fhall be fworn to bring in a verdict according to law, and the opinion they entertain of the evidence; provided it be not repugnant to the rules and regulations contained in this conftitution.

43. The fpecial jury fhall be fworn to bring in a verdict according to law, and the opinion they entertained of the evidence, provided it be not repugnant to juftice, equity and confcience, and the rules and regulations contained in this conftitution, of which they fhall judge.

44. Captures both by fea and land to be tried in the county where fuch fhall be carried in; a fpecial court to be called by the chief-justice, or, in his abfence, by the then fenior justice in faid county, upon application of the captors or claimants, which caufe fhall be determined within the fpace of ten days. The mode of proceeding and appeal fhall be the fame as in the fuperior courts, unless after the fecond trial an appeal is made to the continental congrefs; and the distance of time between the firft and second trial fhall not exceed fourteen days: And all maritime causes to be tried in like manner.

45. No grand-jury fhall confift of less than eighteen, and \twelve may find a bill.

46. That the court of confcience be continued as heretofore practifed, and that the jurifdiétion thereof be extended to try caufes not amounting to more than ten pounds.

47. All

47. All executions exceeding five pounds, except in the cafe of a court merchant, fhall be itayed, until the first Monday in March; provided fecurity be given for debts and cofts.

48. All the cofts attending any action in the fuperior court fhall not exceed the fum of three pounds, and that no caufe be allowed to depend in the fuperior court longer than two terms. 49. Every officer of the ftate fhall be liable to be called to account by the houfe of aflembly.

50. Every county fhall, keep the public records belonging to the fame; and authenticated copies of the feveral records, now in the poffeffion of this ftate, fhall be made out, and depofited in that county to which they belong."

51. Eftates fhall not be entailed, and when a perfon dies intef tate, his or her eftate fhall be divided, according to the act of distribution made in the reign of Charles the fecond; unless otherwise altered by any future act of the legislature.

52. A register of probates fhall be appointed by the legislature in every county, for proving wills, and granting letters of adminiftration.

53. All civil officers in each county fhall be annually elected on the day of the general election, except juftices of the peace, and regifters of probates, who shall be appointed by the house of affembly.

54. Schools fhall be erected in each county, and fupported at the general expence of the ftate,as the legiflature fhall hereafter pointout. 55. A court-house and gaol fhall be erected at the public expence in cach county, where the prefent convention, or the future degiflature, fhail point out and direct.

56. All perfons whatever fhall have the free exercife of their religion, provided it be not repugnant to the peace and fafety of the itate; and fhall not, unlefs by confent, fupport any teacher, or teachers, except thofe of their own profeffion.

57. The great feal of the ftate fhall have the following device; on one fide a feroll, whereon fhall be engraved, The Conflitution of the State of Georgia, and the motto, Pro bono publico; on the other fide an elegant houfe and other buildings, fields of corn, and meadows covered with fheep and cattle; a river running through the fame, with a fhip under full fail, and the motto, Deus nobis hæc Otia fecit.

58. No perfon fhall be allowed to plead in the courts of law, in this ftate, except those who are authorifed fo to do by the houfe of affembly; and if any perfon fo authorifed fhall be found guilty of mal-practice before the house of affembly, they fhall have power to fufpend them. This is not intended to exclude any perfon from that inherent privilege of every freeman, the liberty to plead his own cause.

59. Exceffive fines fhall not be levied, nor exceffive bail demanded.

60. The principles of the habeas corpus act thall be part of this conftitution.

61. Freedom of the prefs, and trial by jury, to remain inviolate for ever!

62. No clergyman, of any denomination, fhall be allowed a feat in the legiflature.

63. No alteration fhall be made in this conftitution without petitions from a majority of the counties, and the voters in each county within this ftate. At which time the affembly fhall order a convention to be called for that purpose, fpecifying the alterations to be made, according to the petitions preferred to the affembly by the majority of the counties as aforefaid.

2

TREATIES

BETWEEN

HIS MOST CHRISTIAN MAJESTY,

À N D

THE THIRTEEN UNITED STATES OF AMERICA.

TREATY of AMITY and COMMERCE.

LOUIS, by the Grace of GoD, King of France and Navarre,

T

To all who fhall fee thefe prefents, Greeting:

HE Congress of the thirteen united states of North-America, having by their plenipotentiaries refiding at Paris, notified their defire to establish, with us and our fates, a good understanding and perfect correspondence, and having for that purpose propofed to conclude with us a Treaty of Amity and Commerce: We having thought it our duty to give to the faid flates a fenfible proof of our affection, determining us to accept of their propofais: For thefe caufes, and other good confiderations us thereunto moving, we, repofing entire confidence in the abilities and experience, zeal and fidelity for our fervice, of our deas and beloved Conrad Alexander Gerard, royal fyndic of the city of Strafbourg, and fecretary of our council of flate, have nominated, appointed, and commiffioned, and by these prefents figned with our hand, do nominate, appoint and commiffion him our plenipotentiary, giving him power and special command for us and in 'our name to agree upon, cond elude and fign with the plenipotentiaries of the united states, equally furnished in due form with full powers, fuch treaty, convention, and articles of commerce and navigation as he shall think proper, willing that he act with the fame authority as we might or could att, if we were perfonally prefent, and even as though he had more special command than what is herein contained; promifing in good faith and en the word of a king, to agree to, confirm, and establish for ever, and to accomplish and execute punctually, all that our faid dear and beloved Conrad Alexander Gerard fhall ftipulate and fign, by virtue of the prefent power, without contravening it in any manner, or suffering"

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