Untitled - the Digital Library of Georgia

300 GEOEGIA AND GEORGIANS
of the purchase has been amply justified by results. It has become the depository
of many precious relics and mementoes of the struggle for independence. Nor is the
portrait of Mrs. Jefferies which hangs upon the walls accounted among the least of
the treasures of Meadow Garden. In presenting it to the board of management, an
eloquent address was made by the distinguished Mrs. S. B. C. Morgan, one of the
charter members of the national organization.—'' Georgia's Landmarks, Memorials
and Legends," L. L. Knight, Vol. II.
THE CONSTITUTION OF 1.777.—The first constitutional convention of Georgia met
in Savannah on the first Tuesday in October, 1776. .No journal of its proceedings
is in existence, and no list of its members can be found. All that remains is the
result of its labors—the Constitution of 1777, which was not finally adopted and
promulgated until the 5th day of February! of that year. Many of its provisions
still survive in the organic law of the state.
The first article consists of the celebrated Maxim of Montesquieu concerning the
separation of the executive, legislative and judicial branches of government, which
is expressed in these words: "The legislative, executive and judiciary departments
shall be separate and distinct so that neither exercise the powers properly belonging
to the other.'' It was provided that the governor was to be elected by the Legisla
ture, and an executive council was to be chosen by it out of its own members; the
executive prerogative of pardon was limited by the denial of the right in the gov
ernor to grant pardons and remit fines, leaving him only with the authority to
reprieve criminals and suspend fines until the meeting of the assembly, when the
granting or refusing of the pardon or the remission of the fine was to be finally
determined by that body; and the power of appointing justices of the peace and
registers of probate was exercised by the Legislature. It may be observed, however,
that under this Constitution the governor was without a legislative function which
has been conferred upon him by later Constitutions—that of the veto. Laws passed
by the Assembly were referred to the executive council for their examination in
order that they might propose alterations or amendments, but the council was
required to return such laws within five days with their remarks thereon, and the
final passage or rejection of the law rested with the Legislature.
This Constitution contained no separate declaration or bill of rights, but the
liberties of the people, in six most important particulars, were enclosed within
constitutional bulwarks by provisions guaranteeing "the inherent privilege of every
freeman—the liberty to plead his own cause;'' protection against excessive fines
and excessive bail; the benefit of the Habeas Corpus Act; the freedom of the press;
and the right of trial by jury. The freedom of religious belief a.nd '' the free exer
cise of religion (not repugnant to the peace and safety of the State)" was guar
anteed, and the church was practically disestablished by the provision that no persons
unless by their consent should '' support any teacher or teachers except those of
their own profession."
Under the provincial government in Georgia, residence in the parish in which he
desired to votq was one of the qualifications of an elector, but the franchise was
limited to those who owned as much as fifty acres of land in the parish. The Consti
tution of 1777 conferred the franchise upon "All male white inhabitants of the age
of twenty-one years, and possessed in his own right of ten pounds value, and liable
to pay tax in this State, or being of any mechanic trade, and shall have been resi
dent six months in this State."
The Constitution of 1777 was a constitution very nearly in the strict sense of
that term; that is, its provisions were almost entirely fundamental and it contained
little matter of a legislative character. The most notable exceptions were the pro
visions for the stay of executions; the limitations upon court costs; and the pendency
of eases in the Superior Court; the provision against the entailing of estates and the
establishment of rules of inheritance. The Legislature was given the broad power
'' to make such laws and regulations as may be conducive to the good order of the
State; provided such laws and regulations be not repugnant to the true intent and
meaning of any rule or regulation contained in this Constitution.'' But practically
no limitations wore laid upon the legislative powers except as the subject matter of
legislation was already occupied by the creation of the organic laws contained in the
Constitution and by the provision for the separation of the legislative, executive and