27.03.2013 Views

Untitled - the Digital Library of Georgia

Untitled - the Digital Library of Georgia

Untitled - the Digital Library of Georgia

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

GEORGIA AND GEORGIANS 223<br />

porters, and this inscription: "Georgius II, Dei Gratia, Magnae Bri-<br />

tanniae, Pranciae et Hibernia Rex, Fidei Defensor, Brunswiei et Lun-<br />

eburgi Dux, Sacri Romani Imperil Archi Thesaurius et Prineeps<br />

Elector."<br />

The new governor was to hold appointment direct from <strong>the</strong> Crown.<br />

His <strong>of</strong>ficial title;—a somewhat elongated affair, was to be: Captain-<br />

General and Governor-in-Chief <strong>of</strong> His Majesty's Province <strong>of</strong> <strong>Georgia</strong><br />

and Vice-Admiral <strong>of</strong> <strong>the</strong> Same. The proper form to be used in address<br />

ing him was "Your Excellency," a form which has ever since been<br />

observed. As captain-general he was to command all land and naval<br />

forces belonging to <strong>the</strong> province and to appoint all <strong>of</strong>ficers <strong>of</strong> militia.<br />

As governor-in-chief he possessed <strong>the</strong> sole power both to convene and to<br />

dissolve legislative bodies. All laws to become valid required his sanc<br />

tion. It devolved upon him ei<strong>the</strong>r to approve or to disapprove all<br />

measures passed by <strong>the</strong> legislature. All <strong>of</strong>ficers who were not directly<br />

appointed by <strong>the</strong> Crown were to be appointed by him, and he likewise<br />

filled all vacancies pending action by <strong>the</strong> home government. He was<br />

custodian <strong>of</strong> <strong>the</strong> Great Seal. He presided as chancellor in a court <strong>of</strong><br />

errors, composed <strong>of</strong> himself and members <strong>of</strong> his council, sitting as<br />

judges. He served as ordinary in probating wills and granting letters<br />

<strong>of</strong> administration. He also issued writs <strong>of</strong> election; and in him was<br />

lodged <strong>the</strong> pardoning power for all crimes save treason and murder.<br />

As vice-admiral he exercised jurisdiction over <strong>Georgia</strong> waters. He did<br />

not sit in <strong>the</strong> court <strong>of</strong> vice-admiralty, but in time <strong>of</strong> war he issued war<br />

rants to its <strong>of</strong>ficers, empowering <strong>the</strong>m to grant commissions to privateers.<br />

The general assembly was to consist <strong>of</strong> two branches: an upper and<br />

a lower. The king's council, though a body somewhat in <strong>the</strong> nature <strong>of</strong><br />

a cabinet, was to constitute <strong>the</strong> upper branch; while <strong>the</strong> house <strong>of</strong> assem<br />

bly was to constitute <strong>the</strong> lower branch. Composed <strong>of</strong> <strong>the</strong> representa<br />

tives <strong>of</strong> <strong>the</strong> people, it was <strong>the</strong> exclusive right <strong>of</strong> this body to propose<br />

bills, to levy taxes, and to appropriate money. The king's council, as<br />

we have already seen, was to be composed <strong>of</strong> members appointed by <strong>the</strong><br />

king, <strong>of</strong> whom <strong>the</strong>re were to be twelve in ordinary and two in extraordi<br />

nary commission. The surveyor-general <strong>of</strong> customs and <strong>the</strong> superin<br />

tendent-general <strong>of</strong> Indian affairs filled <strong>the</strong> two places last mentioned.<br />

The king's council sat in a legislative capacity only when <strong>the</strong> general<br />

assembly met; but as an advisory board it met from time to time at <strong>the</strong><br />

call <strong>of</strong> <strong>the</strong> governor. On such occasions <strong>the</strong> governor presided; but<br />

when <strong>the</strong> council sat as a legislative body, ei<strong>the</strong>r <strong>the</strong> lieutenant-governor<br />

or <strong>the</strong> senior member present was to occupy <strong>the</strong> chair. There was a<br />

property qualification for suffrage. To be an elector or voter <strong>the</strong> own<br />

ership <strong>of</strong> fifty acres in <strong>the</strong> district Avas a prerequisite; to hold <strong>of</strong>fice<br />

as a representative <strong>the</strong> ownership <strong>of</strong> 500 acres in some part <strong>of</strong> <strong>the</strong> prov<br />

ince was required. However, <strong>the</strong>se restrictions were modified somewhat<br />

in response to a memorial dated February 21, 1755. Provision was made<br />

for <strong>the</strong> establishment <strong>of</strong> a court <strong>of</strong> record to be known as <strong>the</strong> general<br />

court, in which civil business was to be transacted. Criminal jurisdic<br />

tion was given to a court <strong>of</strong> oyer and terminer, for which letters patent<br />

were issued; 'but since <strong>the</strong> judges <strong>of</strong> <strong>the</strong> two courts were <strong>the</strong> same, <strong>the</strong><br />

latter was eventually abolished., Court was to be convened four times a<br />

year at Savannah. Its presiding judge was to be appointed under <strong>the</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!