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GEORGIA AND GEORGIANS 409
eral Constitution, had insisted upon a continuance of the slave traffic
and, with the help of South Carolina, had secured a compromise fixing
the year 1808 as the time for the slave traffic to terminate; but in the
State Constitution of 1798 we find Georgia of her own accord prohibit
ing all importation of slaves after the first day of October, 1798.*
As in the Constitution of 1789, so in the Constitution of 1798, there
was no separate article known as a "Bill of Rights," but a number of
fundamental principles usually found in such an article were asserted.
There was to be one senator from each county, as under the old consti
tution, but years later this section was modified and for a while the
state was divided into forty-seven senatorial districts; then for a few
years there was a reversion back to county representation; and finally
in 1861 the state was divided into forty-four senatorial districts.
Membership in the House was to be determined by population.
Heretofore each county's representation had been constitutionally
fixed. Now only the aggregate number of members was determined.
Until a census could be taken, the new constitution fixed a temporary
apportionment providing for sixty-two members; but whenever a new
county was organized it was to be given representation on the same
basis as those already organized. No county was to have more than
four representatives nor less than one. Three-fifths of the slaves were
to be enumerated in fixing a county's voting strength.
The Legislature was to be elected annually and unless called to
gether in extra session was to meet annually on the second Tuesday in
January; but the date of meeting was afterwards changed to the first
Monday in November.
Property qualifications for membership were reduced by the new
constitution and were still later entirely abolished.
There were no material changes made in the powers of the governor;
but the judicial power of the state- was vested: (1) in a Superior
Court; (2) in such inferior jurisdictions as might be ordained by the
Legislature; (3) in inferior courts for each county, and (4) in justice
courts, of which there were to be two in each captain's district. Until
this time, the inferior courts had existed only by statute.
Divorces were granted at this time by the Legislature. But the Con
stitution of 1798 provided that before any divorce was granted the par
ties should first be given a trial before the Superior Court. . Thus, in a
sense two verdicts were necessary to make the divorce final, the first by
the court and the second by the Legislature. Eventually power was con
ferred upon the courts to render both verdicts.
To conclude this resume, we quote the following paragraph from Mr.
McElreath. Says he: t "It is an interesting fact that the Constitution
of 1798 is the only constitution ever adopted by the people of Georgia
at a time when there was not a virtual revolution of the government
itself. The Constitution of 1777 was adopted in consequence of the
casting off of the state's allegiance to Great Britain and of the neces
sity for setting up an independent government; that of 1789 on account
of the abandonment of the Articles of Confederation and the adoption
* '' Watkins' Digest,'' pp. 31-43.
t "McElreath on the Constitution," pp. 114-115.