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Untitled - the Digital Library of Georgia

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GEORGIA AND GEORGIANS 357<br />

tions <strong>of</strong> <strong>the</strong> state it still holds <strong>the</strong> record for brevity. Unlike <strong>the</strong> con<br />

stitution <strong>of</strong> 1777, it contained no bill <strong>of</strong> rights, doubtless for <strong>the</strong> reason<br />

that slavery suggested an inconsistency, if it did not present an obstacle,<br />

to such a declaration <strong>of</strong> fundamental principles. .There was no bill <strong>of</strong><br />

rights prefixed to <strong>the</strong> Federal Constitution <strong>of</strong> 1787, due to scrupulous<br />

objections on <strong>the</strong> part <strong>of</strong> delegates who thought it would not be in keep<br />

ing with <strong>the</strong> fact that slavery was still permitted to exist. But <strong>the</strong><br />

state constitution <strong>of</strong> 1789, in lieu <strong>of</strong> a bill <strong>of</strong> rights, did not fail to<br />

emphasize certain well-established rights, such as religious freedom,<br />

freedom <strong>of</strong> <strong>the</strong> press, trial by jury and habeas corpus.'*<br />

Some <strong>of</strong> <strong>the</strong> changes wrought by <strong>the</strong> state constitution <strong>of</strong> 1789 were<br />

as follows: it abolished <strong>the</strong> executive council; it established a bicameral<br />

Legislature by creating a State Senate, with powers similar to those<br />

still exercised by this body; it retained <strong>the</strong> House <strong>of</strong> Assembly, to be<br />

called <strong>the</strong> House <strong>of</strong> Representatives, but heightened its qualifications for<br />

membership. There was to be one senator chosen for every three years<br />

from each county in <strong>the</strong> state; but representatives were to be chosen<br />

annually from each county as follows: Two from Camden, two from<br />

Glynn, four from Liberty, five from Chatham, two from Effingham, four<br />

from Burke, four from Richmond, five from Wilkes, two from Wash<br />

ington, two from Greene, and two from Franklin.<br />

Representatives were to be elected annually on <strong>the</strong> first Monday in<br />

October; senators on <strong>the</strong> first Monday in October <strong>of</strong> each third year.<br />

The Legislature was to meet annually on <strong>the</strong> first Monday in November.<br />

While a residence <strong>of</strong> only two years was requisite to entitle one to a<br />

seat in <strong>the</strong> House, he must also have been a citizen <strong>of</strong> <strong>the</strong> United States<br />

for seven years; and to qualify one for a seat in <strong>the</strong> Senate a residence<br />

<strong>of</strong> three years in <strong>the</strong> state was required, with citizenship in <strong>the</strong> United<br />

States <strong>of</strong> nine years. Says a recognized authority: f "This is <strong>the</strong><br />

earliest instance where any such discrimination was made in a state con<br />

stitution, and is indicative <strong>of</strong> <strong>the</strong> national spirit which existed among <strong>the</strong><br />

people <strong>of</strong> Georga at this time."<br />

Senators were required to be twenty-eight years <strong>of</strong> age and to own<br />

property valued at £200; representatives were required to be twenty-one<br />

years <strong>of</strong> age and to own property valued at £150.<br />

Under <strong>the</strong> state constitution <strong>of</strong> 1789, <strong>the</strong> governor was to be elected<br />

for a term <strong>of</strong> two years. The House <strong>of</strong> Representatives was to nomi<br />

nate by ballot three candidates and out <strong>of</strong> <strong>the</strong>se <strong>the</strong> Senate was to elect<br />

one. All o<strong>the</strong>r elections were to be made in like manner.<br />

No clergyman <strong>of</strong> any denomination could be a member <strong>of</strong> <strong>the</strong> General<br />

Assembly, under <strong>the</strong> constitution <strong>of</strong> 1789.<br />

There was to be a Superior Court held in each county twice in each<br />

year. The General Assembly was to provide some mode for correcting<br />

errors. The <strong>of</strong>fice <strong>of</strong> chief justice was abolished.<br />

Militia <strong>of</strong>ficers and secretaries to <strong>the</strong> governor were all to be<br />

appointed.<br />

From an old issue <strong>of</strong> <strong>the</strong> <strong>Georgia</strong> Gazette, dated May 9, 1789, we get<br />

this item: "On Monday last (May 4) a third convention met in <strong>the</strong><br />

* "Watldu's Digest <strong>of</strong> <strong>the</strong> Lands <strong>of</strong> <strong>Georgia</strong>," pp. 25-31.<br />

t '' <strong>Georgia</strong> and State Eights," II. B. Phillips, p. 22.

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