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THE 

Confederate   Records 

OF  THE 

STATE  OF  GEORGIA 


COMPILED  AND  PUBLISHED  UNDER  AUTHORITY 
OF 

THE  LEGISLATURE 

BY 

ALLEN  D.  CANDLER.  A.  M..  L  L.  D. 


VOLUME    IV.' 


The  Johnson  Eeconstruction. 
Provisional  Governor  James  Johnson. 
Journal  of  the  Convention  of  1865. 
Governor  Charles  J.  Jenkins. 


Atlanta,  Ga. 

Chas.  p.  Byrd,  State  Printei 

1910. 


:n-:  NF'W  YORK 

■JBLIC  iJBRARY 


A8TOR,  LENOX    AND 

TILDtN   FOU  -DATIONS. 

K  1010  L 


PREFATORY  CHAPTER. 


Upon  tlie  surrender  of  the  Confederate  armies  under 
Generals  Lee  and  Joseph  E.  Johnston,  the  President, 
Andrew  Johnson,  following  the  precedent  established  by 
President  Lincoln  in  Tennessee,  Arkansas  and  Louisiana, 
proceeded  to  reconstruct  the  government  of  the  State  of 
Georgia.      He   first   issued    a   proclamation   appointing 
James  Johnson,  of  Georgia,  Provisional  Governor,  and 
in  this  proclamation  he  prescribed  the  duties  of  the  Pro- 
visional Governor  and  gave  him  instructions  as  to  how 
he  should  proceed.     Provisional   Governor   Johnson,  in 
accordance  with  these  instructions,  issued  a  proclamation 
ordering  an  election  for  delegates  to  a  convention  of  the 
people  of  the  State  whose  duty  would  be  to  revise  the 
Constitution  or  adopt  a  new  Constitution  preparatory  to 
the  re-admission  of  the  State  into  the  Federal  Union. 

In  the  President's  proclamation  appointing  Mr.  John- 
son he  had  prescribed  the  qualifications  of  voters  in  the 
election  of  these  delegates.  Provisional  Governor  John- 
son faithfully  carried  out  the  instructions  of  the  Presi- 
dent, ordering  an  election  at  which  delegates  to  the  pro- 
posed convention  were  elected,  and  the  conyenUon  adopted 
a  Constitution  which  was  approved  by  thQ.  Pr,(}sident  of 
the  United  States  and  ratified  by  the  qualifiQd  Y*)lter;&  of 
the  State.  Under  the  provisions  of  this  ,Conat;tutaon,  ^r^ 
election  was  held  for  Governor  and  members  of  the  Leg- 
islature.    At  this  election  Charles  J.  Jenkins,  one  of  the 


4  Confederate   Kecords 

ablest  and  purest  men  in  the  State,  was  elected  Governor. 
The  Legislature  met  on  the  fourth  day  of  December, 
1865,  and  on  the  fourteenth  day  of  that  month  Governor 
Jenkins  was  inaugurated  and  took  the  oath  of  office.  Six 
days  later  Provisional  Governor  Johnson  was  relieved 
by  the  President  and  turned  over  the  State  government 
to  Governor  Jenkins.  All  State  and  county  officers  and 
Senators  and  Representatives  in  the  United  States  Con- 
gress had  been  elected.  The  courts  were  all  in  operation 
and  the  machinery  of  the  State  government  was  moving 
as  smoothly  as  before  the  State  seceded  from  the  Union 
and  there  was  lacking  nothing  but  the  admission  of  Geor- 
gia's Senators  and  Representatives  into  Congress  to  com- 
pletely restore  the  State  to  her  former  relation  to  the 
Federal  government.  But  when  Congress  met  on  the 
first  Monday  in  December,  1865,  there  were  soon  heard 
murmurs  of  dissatisfaction  among  Republican  Senators 
and  Representatives  at  the  action  of  the  President. 
Tliey  contended  that  the  duty  of  prescribing  terms  on 
which  the  seceded  State  might  be  restored  to  the  Union 
belonged,  not  to  the  President  but  to  Congress,  the  law- 
making power.  Notwithstanding  President  Johnson  had 
been  an  ultra  Republican  during  the  progress  of  the  war 
and  had  been  appointed  by  President  Lincoln  Provis- 
ional Governor  of  Tennessee  for  the  purpose  of  recon- 
structing that  State,  and  had  discharged  the  duty  so  well 
and  satisfactorily  to  the  President  and  the  Republican 

Vpar.tJC'' ti^SL^/t^k^'^i^^^i^^^^^  ^^^  elected  him  Vice-Presi- 
4e.nt  of.. the. United  States,  Republican  leaders  in  Con- 
gress, k'e.emedtto  distrust  him  because  he  was  a  Southern 

''di"aii.'^nH:a8Ciiscd  him  of  being  in  too  close  sympathy  with 
the  Southern  people  and  waged  an  unrelenting  war  on 
him  and  his  policy. 


Prefatory  Chapter  5 

At  the  beginning  of  the  struggle  of  the  Southern 
States  for  independence,  the  dominant  party  at  the 
national  capital  maintained  that  the  ordinances  of  seces- 
sion passed  by  the  Southern  States  were  nullities ;  that  a 
State  could  not  withdraw  from  the  Union,  and  that  such 
as'  had  passed  the  ordinances  were  still  States  in  the 
Union,  in  rebellion  it  is  true,  but  still  States.  To  this 
theory  they  adhered  during  the  entire  period  of  hostili- 
ties, but  now  they  changed  position  and  maintained  that 
the  States  which  they  had  heretofore  claimed  were  still 
in  the  Union  were  not  States  at  all,  but  conquered  terri- 
tory, and  that  the  governments  established  in  them  by 
the  President  were  only  provisional  and  subject  to  the 
paramount  authority  of  the  military  commanders  placed 
over  them.  For  many  months  an  acrimonious  debate  was 
carried  on  in  both  Houses  of  Congress,  in  which  it  was 
claimed  that  the  Southern  people  were  still  rebellious  and 
defiant  and  that  in  many  portions  of  the  South  a  reign  of 
terror  existed,  and  that  thousands  of  freed  men  were  being 
murdered  almost  daily,  and  that  nothing  but  the  strong 
arm  of  the  military  branch  of  the  government  was  suffi- 
cient to  reduce  them  to  subjection  and  restore  order  and 
tranquility.  These  were  the  reasons  urged  by  party 
leaders,  but  perhaps  the  real  reason  for  their  earnest  de- 
sire to  ignore  the  precedent  made  by  President  Lincoln 
and  followed  by  President  Johnson  was  that  they  saw 
that  every  effort  to  Republicanize  the  South  would  be 
futile.  They  desired  to  reconstruct  the  State  a  second 
time  and  enfranchise  the  recently  emancipated  slaves, 
and  thus  recruit  the  ranks  of  the  Republican  party  so  as 
to  give  it  more  extensive  lease  of  power  in  the  adminis- 
tration of  the  government  of  the  republic. 

Finally,  after  many  months  of  discussion  and  unre- 


6  Confederate   Records 

lenting  warfare  on  the  President  and  liis  policy  and  grow- 
ing hostilities  to  the  white  people  of  the  South,  the  debate 
culminated  in  the  passage,  on  the  second  day  of  March, 
1867,  of  what  was  popularly  known  as  the  Eeconstruc- 
tion  Act,  followed  in  a  few  weeks  by  two  amendatory 
acts,  dividing  the  Southern  States  into  military  districts 
over  each  of  which  an  army  officer  not  below  the  rank  of 
Brigadier-General  was  to  be  appointed,  and  providing 
for  the  detail  of  army  officers  to  be  military  governor  of 
each  State.  Under  these  acts  Major-General  John  Pope 
was  appointed  to  command  the  Third  Military  District, 
in  which  Georgia  was  included,  and  Brevet-Brigadier- 
General  Thos.  H.  Euger  was  detailed  to  be  military  Gov- 
ernor of  Georgia.  The  order  appointing  these  officers 
provided  for  the  holding  of  an  election  for  delegates  to  a 
new  Constitutional  convention.  In  this  order  it  was  pro- 
vided that  a  board  of  registrars  should  be  appointed  in 
each  of  the  forty-four  districts  into  which  the  State  had 
been  divided,  usually  composed  of  two  white  Republicans 
and  one  negro  Republican.  No  one  could  register  until 
he  had  been  approved  by  this  board  of  registrars,  and  no 
one  could  vote  who  had  participated  in  the  rebellion  and 
had  not  been  pardoned  by  the  President.  Thus  all  of  the 
most  prominent  citizens  of  Georgia  were  deprived  of  the 
ballot  unless  they  had  received  pardon  from  the  Presi- 
dent of  the  United  States,  but  every  illiterate  freedman, 
none  of  whom  had  borne  any  part  in  the  War  between 
the  States,  was  clothed  with  the  elective  franchise,  and 
elections  were  held  and  delegates  were  chosen  to  the  con- 
vention, not  a  tithe  of  whom  were  representative  citizens 
of  the  State.  It  was  composed  almost  entirely  of  carpet- 
baggers, scalawags  and  recently  emancipated  slaves,  not 
one  of  whom  realized  the  responsibility  of  citizenship. 
Tllie  convention  adopted  a  Constitution  and,  in  accord- 


Prefatory  Chapter  7 

ance  with  its  provisions,  an  election  for  Governor,  a  new 
Legislature  and  other  State  officers  was  provided  for. 
The  election  was  held,  and  a  majority  of  those  returned 
as  elected  were  carpet-baggers,  scalawags  and  negroes. 
But  of  the  acts  of  this  Legislature  we  will  speak  more  at 
length  in  the  preface  to  another  volume.  This  volume 
has  to  do  only  with  the  action  of  the  Federal  government 
under  what  is  known  as  the  Johnson  reconstruction. 


Department  of  State, 
Washington,  June  17,  1865. 

Sir:  I  enclose  a  copy  of  the  President's  proclama- 
tion of  this  date  appointing  you  Provisional  Governor 
of  the  State  of  Georgia.  The  reasons  for  the  appoint- 
ment are  fully  set  forth  in  the  preamble  of  the  instru- 
ment. You  will  hold  the  office  during  the  pleasure  of  the 
President.  Your  compensation  will  be  at  the  rate  of 
three  thousand  dollars  a  year  from  this  date.  For  this 
you  may  draw  monthly  or  quarterly,  sending  your  drafts 
to  this  department. 

William  H.  Seward. 

James  Johnson,  Esq. 


By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  the  fourth  Section  of  the  fourth  Article  of 
the  Constitution  of  the  United  States  declares  that  the 
United  States  shall  guarantee  to  every  State  in  the  Union 
a  Republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion  and  domestic  violence;  and 
whereas  the  President  of  the  United  States  is,  by  the 
Constitution,  made  commander-in-chief  of  the  army  and 


The  Johnson  Eeconsteuction     .  9 

navy,  as  well  as  chief  civil  executive  officer  of  the  United 
States,  and  is  bound  by  solemn  oath  faithfully  to  execute 
the  office  of  President  of  the  United  States,  and  to  take 
care  that  the  laws  be  faithfully  executed ;  and  whereas  the 
rebellion,  which  has  been  waged  by  a  portion  of  the  peo- 
ple of  the  United  States  against  the  properly  constituted 
authorities  of  the  government  thereof,  in  the  most  violent 
and  revolting  form,  but  whose  organized  and  armed 
forces  have  now  been  almost  entirely  overcome,  has,  in 
its  revolutionary  progress,  deprived  the  people  of  the 
State  of  Georgia  of  all  civil  government ;  and  whereas  it 
becomes  necessary  and  proper  to  carry  out  and  enforce 
the  obligations  of  the  United  States  to  the  people  of 
Georgia,  in  securing  them  in  the  enjoyment  of  a  Repub- 
lican form  of  government ; 

Now,  therefore,  in  obedience  to  the  high  and  solemn 
duties  imposed  upon  me  by  the  Constitution  of  the 
United  States,  and  for  the  purpose  of  enabling  the  loyal 
people  of  said  State  to  organize  a  State  government, 
whereby  justice  may  be  established,  domestic  tranquility 
insured,  and  loyal  citizens  protected  in  all  their  rights  of 
life,  liberty  and  property,  I,  Andrew  Johnson,  President 
of  the  United  States,  and  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  do  hereby  appoint  James 
Johnson  Provisional  Governor  of  the  State  of  Georgia, 
whose  duty  it  shall  be,  at  the  earliest  practicable  period, 
to  prescribe  such  rules  and  regulations  as  may  be  neces- 
sary and  proper  for  convening  a  convention,  composed 
of  delegates  to  be  chosen  by  that  portion  of  the  people  of 
said  State  who  are  loyal  to  the  United  States,  and  no 
others,  for  the  purpose  of  altering  or  amending  the  Con- 
stitution thereof;  and  with  authority  to  exercise,  within 
the  limits  of  said  State,  all  the  powers  necessary  and 


10  Confederate    Records 

proper  to  enable  such  loyal  people  of  the  State  of  Geor- 
gia to  restore  said  State  to  its  Constitutional  relations  to 
the  Federal  government,  and  to  present  such  a  Repub- 
lican form  of  State  government  as  will  entitle  th'e  State 
to  the  guarantee  of  the  United  States  therefor,  and  its 
people  to  protection  by  the  United  States  against  inva- 
sion, insurrection,  and  domestic  violence;  provided,  that 
in  any  election  that  may  be  hereafter  held  for  choosing 
delegates  to  any  State  convention  as  aforesaid,  no  per- 
son shall  be  qualified  as  an  elector,  or  shall  be  eligible 
as  a  member  of  such  convention,  unless  he  shall  have 
previouslj^  taken  and  subscribed  the  oath  of  amnesty,  as 
set  forth  in  the  President's  proclamation  of  May  29,  A. 
D.,  1865,  and  is  a  voter  qualified  as  prescribed  by  the 
Constitution  and  laws  of  the  State  of  Georgia  in  force 
immediately  before  the  19th  day  of  January,  A.  D.,  1861, 
the  date  of  the  so-called  ordinance  of  secession;  and  the 
said  convention,  when  convened,  or  the  Legislature  that 
may  be  thereafter  assembled,  will  prescribe  the  qualifica- 
tion of  electors,  and  the  eligibility  of  persons  to  hold 
office  under  the  Constitution  and  laws  of  the  State,  a 
power  the  people  of  the  several  States  composing  the 
Federal  Union  have  rightfully  exercised  from  the  origin 
of  the  government  to  the  present  time. 

And  I  do  hereby  direct — 

First,  That  the  military  commander  of  the  depart- 
ment, and  all  officers  and  persons  in  the  military  and 
naval  service,  aid  and  assist  the  said  Provisional  Gover- 
nor in  carrying  into  effect  this  proclamation,  and  they 
are  enjoined  to  abstain  from,  in  any  way,  hindering,  im- 
peding, or  discouraging  the  loyal  people  from  the  organ- 
ization of  a  State  government  as  herein  authorized. 


The  Johnsox  Reconstruction  11 

Second,  That  the  Secretary  of  State  proceed  to  put 
in  force  all  laws  of  the  United  States,  the  administration 
whereof  belongs  to  the  State  Department,  applicable  to 
the  geographical  limits  aforesaid. 

Third,  That  the  Secretary  of  the  Tl-easury  proceed  to 
nominate  for  appointment  assessors  of  taxes  and  collec- 
tors of  customs  and  internal  revenue,  and  such  other 
officers  of  the  Treasury  Department  as  are  authorized  by 
law,  and  put  in  execution  the  revenue  laws  of  the  United 
States  within  the  geographical  limits  aforesaid.  In  mak- 
ing appointments  the  preference  shall  be  given  to  quali- 
fied loyal  persons  residing  within  the  districts  where  their 
respective  duties  are  to  be  performed.  But  if  suitable 
residents  of  the  districts  shall  not  be  found,  then  per- 
sons residing  in  other  States  or  districts  shall  be  ap- 
pointed. 

Fourth,  That  the  Postmaster-General  proceed  to  es- 
tablish post  offices  and  post  routes,  and  put  into  execu- 
tion the  postal  laws  of  the  United  States  within  the  said 
State,  giving  to  loyal  residents  the  preference  of  appoint- 
ment; but  if  suitable  residents  are  not  found,  then  to 
appoint  agents,  etc.,  from  other  States. 

Fifth,  That  the  district  judge  for  the  judicial  district 
in  which  Georgia  is  included  proceed  to  hold  courts  within 
said  State,  in  accordance  with  the  provisions  of  the  Act 
of  Congress.  The  Attorney-General  will  instruct  the 
proper  officers  to  libel  and  bring  to  judgment,  confisca- 
tion, and  sale,  property  subject  to  confiscation,  and  en- 
force the  administration  of  justice  within  said  State  in 
all  matters  within  the  cognizance  and  jurisdiction  of  the 
Federal  courts. 

Sixth,  That  the  Secretary  of  the  Navy  take  possession 


12  Confederate    Eecords 

of  all  public  property  belonging  to  the  Navy  Department 
within  said  geographical  limits,  and  put  in  operation  all 
Acts  of  Congress  in  relation  to  naval  affairs  having  ap- 
plication to  the  said  State. 

Seventh,  That  the  Secretary  of  the  Interior  put  in 
force  the  laws  relating  to  the  Interior  Department  ap- 
plicable to  the  geographical  limits  aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
and  caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  seven- 
teenth day  of  June,  in  the  year  of  our  Lord 
(SEAL)     one  thousand  eight  hundred  and  sixty-five,  and 
of  the  independence  of  the  United  States  the 
eighty-ninth. 

Andrew  Johnson. 

By  the  President, 

William  H.  Seward,  Secretary  of  State. 


AMNESTY  OATH. 

"I,   ,  do  solemnly  swear, 

(or  affirai),  in  the  presence  of  Almighty  God,  that  I  will 
henceforth  faithfully  support,  protect  and  defend  the 
Constitution  of  the  United  States,  and  the  Union  of  the 
States  thereunder ;  and  that  I  will,  in  like  manner,  abide 
by  and  faithfully  support  all  laws  and  proclamations 
which  have  been  made  during  the  existing  rebellion  with 
reference  to  the  emancipation  of  slaves;  so  help  me 
God." 


(From  State  Archives.) 
PROVISIONAL  GOVERNMENT  OF  GEORGIA. 


Thtjesday,  July  13th,  1865. 

His  Excellency,  James  Johnson,  of  Muscogee  County, 
Georgia,  having  been  appointed  Provisional  Governor 
of  the  State  of  Georgia  by  proclamation  of  Andrew 
Johnson,  President  of  the  United  States,  bearing  date 
the  17th  day  of  June  A.  D.,  1865,  this  day  assumed  the 
duties'  of  his  office  with  headquarters  at  the  capitol  at 
Milledgeville. 

Executive  IDepaktment, 

July  13th,  1865. 

Ordered :  That  L.  H.  Briscoe,  Esq.,  of  Milledgeville, 
Geo.,  be,  and  he  is  hereby,  appointed  Secretary  to  the 
Governor,  with  duties  from  this  date. 


PROCLAMATION. 

To  the  People  of  Georgia:  Whereas  by  the  procla- 
mation of  Andrew  Johnson,  President  of  the  United 
States,  dated  17th  of  June,  A.  D.,  1865,  I  have  been  ap- 
pointed Provisional  Governor  of  the  State  of  Georgia, 
with  instructions  to  prescribe,  at  the  earliest  period,  such 
rules  and  regulations  as  may  be  necessary  and  proper 
for  convening  a  convention  of  the  people,  composed  of 
delegates  to  be  chosen  by  that  portion  of  the  people  who 
are  loyal  to  the  United  States,  and  no  others;  and  also 


14  Confederate   Records 

with  all  the  powers  necessary  and  proper  to  enable  such 
loyal  people  of  said  State  to  restore  it  to  its  Constitu- 
tional relations  to  the  Federal  government,  and  to  pre- 
sent such  a  republican  form  of  State  government  as  will 
entitle  the  State  to  the  guarantee  of  the  United  States 
therefor,  and  its  people  to  the  protection  of  the  United 
States  against  invasion,  insurrection  and  domestic  vio- 
lence. 

Now,  therefore,  I,  James  Johnson,  Provisional  Gov- 
ernor of  the  State  of  Georgia,  as  aforesaid,  do,  by  virtue 
of  the  power  in  me  vested  as  aforesaid,  proclaim  and 
declare : 

First,  That  an  election  for  delegates  to  a  convention 
will  be  held  on  the  first  Wednesday  in  October  A.  D., 
1865,  at  the  different  precincts  at  which  elections  are 
directed  and  authorized  by  law  to  be  held  for  members 
of  the  legislature. 

Second,  That  the  thirty-seven  counties  in  the  State 
which  by  law  in  force  prior  to  the  first  of  January,  1861, 
were  entitled  to  two  members  of  the  House  of  Repre- 
sentatives shall  be  authorized  and  entitled  to  elect  each 
three  delegates,  and  that  the  remaining  counties  shall 
each  be  authorized  and  entitled  to  elect  each  two  dele- 
gates to  said  convention. 

Third,  That  no  person  at  such  election  shall  be  qual- 
ified as  an  elector  or  shall  be  eligible  as  a  member  of  such 
convention,  unless  he  shall  have  previously  thereto  taken 
and  subscribed  the  oath  of  amnesty  as  set  forth  in  the 
President's  proclamation  of  Kay  29th,  A.  D.,  1865,  and  is 
a  voter  qualified  as  prescribed  by  the  Constitution  and 
laws  of  the  State  of  Georgia  in  force  immediately  before 


Provisional  Governor  James  Johnson  15 

the  19tli  of  January,  A.  D.,  1861,  the  date  of  the  so-called 
Ordinance  of  Secession. 

Fourth,  That  any  two  freeholders  qualified  to  vote  at 
such  election  as  aforesaid,  may  act  as  managers  of  the 
election  at  each  of  the  precincts  as  aforesaid;  and  that 
in  managing  and  superintending  such  election  they  shall 
be  governed  by  and  proceed  under  the  laws  of  the  State 
regulating  and  prescribing  the  election  of  members  of 
the  legislature  prior  to  the  first  of  January,  1861 ;  Pro- 
vided, That  each  of  said  managers,  before  entering  on 
the  duties  prescribed,  shall  swear  the  other  truly  and 
faithfully  to  superintend  and  make  return  of  said  elec- 
tion according  to  law  as  aforesaid,  and  the  requirements 
of  this  proclamation. 

Fifth,  That  the  delegates  who  shall  be  elected  as  afore- 
said, shall  assemble  in  convention  at  the  city  of  Milledge- 
ville  at  12  o'clock,  meridian,  on  the  fourth  Wednesday  of 
October,  A.  D.,  1865. 

And  Whereas,  The  rebellion  which  has  been  waged 
by  a  portion  of  the  people  against  the  government  of  the 
United  States  has,  in  its  revolutionary  progress  deprived 
the  people  of  the  State  of  all  civil  government;  and 
whereas,  They  must  remain  without  civil  officers  and  the 
administration  of  civil  law  until  a  State  government  shall 
have  been  organized  by  the  convention  called  as  afore- 
said; and  whereas,  It  is  necessary  in  the  meantime  that 
domestic  tranquility  be  ensured  and  that  the  loyal  peo- 
ple be  protected  in  all  their  rights  of  person  and  of  prop- 
erty, I  do  further  proclaim  and  declare : 

First,  That  no  individual,  by  virtue  of  his  own  author- 
ity, shall  inflict  corporal  punishment  on  any  person  for 
any  real  or  supposed  injury,  whether  such  injury  relate 


16  Confederate    Records 

to  person  or  property ;  and  that  in  all  such  cases  redress 
must  be  sought  from  and  given  by  such  military  author- 
ity as  may  be  invested  with  jurisdiction  over  the  cases. 

Second,  That  slavery  is  extinct,  and  involuntary  ser- 
vitude no  longer  exists.  Hence,  no  person  shall  have 
control  of  the  labor  of  another  other  than  such  control 
as  may  lawfully  result  from  indenture,  the  relation  of 
parent  and  child,  guardian  and  ward,  and  the  contract 
of  hiring,  freely  and  fairly  made ;  and  that  for  a  breach 
of  duty  on  the  part  of  any  one  standing  in  these  relations, 
the  militaiy  authority  will  administer,  in  a  summary 
manner,  adequate  and  proper  relief  under  the  laws  of 
the  land. 

Third,  That  all  riotous  or  tumultuous  assemblages  of 
the  people,  and  also  all  assemblages  for  unlawful  pur- 
poses and  unlawful  objects  will  be  dispersed ;  and  to  this 
end,  if  necessary,  the  military  authority  of  the  United 
States  will  be  invoked. 

Fourth,  That  all  idea,  if  any  such  is  entertained,  that 
private  property  will  be  distributed  and  parceled  out  is 
not  only  delusive,  but  dangerous  and  mischievous,  and  if 
any  attempt  should  be  made  by  any  person  or  persons  to 
effect  such  an  object  by  violence  or  other  unlawful  means, 
it  will  only  secure  to  him  or  them  speedy  and  merited 
punishment. 

Fifth,  To  the  end  that  the  people  may  qualify  them- 
selves as  voters,  it  will  doubtless  be  the  pleasure  of  the 
commissioned  officers  in  the  service  of  the  United  States 
to  have  the  oath  of  amnesty  administered  under  the  rules 
and  regulations  prescribed  by  the  Secretary  of  State  of 
the  United  States;  and  in  this  work  I  most  earnestly 
desire  and  solicit  the  cheerful  co-operation  of  the  people, 


Provisional  Governor  James  Johnson  17 

so  that  GTeorgia  may  be  speedily  delivered  of  military 
rule ;  that  she  may  once  again  regulate  her  own  domestic 
affairs,  once  again  enjoy  the  blessings  of  civil  govern- 
ment, and  be  heard  and  felt  by  her  Senators  and  Repre- 
sentatives in  the  councils  of  the  nation. 

Done  at  Milledgeville,  the  capital  of  the  State, 
on  this  the  thirteenth  day  of  July  in  the  year  of 
our  Lord  1865,  and  the  eighty-ninth  year  of  Amer- 
ican Independence. 

Jas.  Johnson, 

Provisional  Governor  of  Georgia. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


Executive  Office,  P.  G., 
July  13th,  1865. 

Ordered,  That  a  commission  in  usual  form  do  issue 
from  this  office  appointing  Thomas  Sadler  of  the  State 
and  City  of  New  York,  Commissioner  of  Deeds  for  the 
State  of  Georgia. 

By  the  Governor: 

L.  H.  Briscoe, 

Secretary. 


18  Confederate   Records 

MONDAY,  AUGUST  7th,  1865. 

Executive  Office, 

MiLLEDGEVILLE,   AugUSt    7,    1865. 

Ordered,  That  Jeff  Brown,  Esq.,  of  the  City  of  Louis- 
ville, Kentucky,  be,  and  he  is  hereby,  appointed  a  Com- 
missioner of  Deeds  in  the  State  of  Kentucky  for  the 
State  of  Georgia,  with  all  the  privileges  and  powers  inci- 
dent by  law  to  his  office,  and  that  a  commission  in  usual 
form  issue  to  him  accordingly  from  this  office. 

By  the  Governor: 

L.  H.  Briscoe, 

Secretary. 

Executive  Office, 

MiLLEDGEVILLE,    AugUSt    7,    1865. 

Ordered,  That  Simeon  W.  King,  Esq.,  of  Chicago,  be, 
and  is  hereby  appointed  a  Commissioner  of  Deeds  in  the 
State  of  Illinois  for  the  State  of  Georgia,  with  all  the 
powers  and  privileges  incident  to  his  appointment;  and 
that  a  commission  from  this  office  do  issue  to  him  accord- 
ingly. 

By  the  Governor: 

L.  H.  Briscoe, 

Secretary. 


Provisional  Governor  James  Johnson  19 

A  PROCLAMATION. 

To  the  People  of  Georgia-.  For  the  purpose  of  ena- 
bling the  people  of  Georgia  more  readily  to  prepare  them- 
selves for  the  exercise  of  the  rights  of  citizens,  I  hereby 
proclaim  and  direct  that  the  Ordinaries  of  the  several 
counties  of  the  State  be,  and  are  hereby,  authorized  to 
administer  the  oath  of  amnesty  set  out  in  the  President's 
proclamation  of  the  29th  of  May,  1865,  to  such  persons 
as  shall  be  entitled  to  take  and  receive  the  same;  and  in 
case  of  a  vacancy  in  the  office  of  Ordinary  in  any  county 
or  counties  of  this  State,  then,  and  in  that  case,  the  Clerk 
of  the  Superior  Court  of  such  county  shall  administer 
said  oath;  Provided,  Said  officers  themselves  shall  have 
previously  taken  said  oath. 

It  is  further  declared  and  directed  that  when  the  oath 
is  administered  as  aforesaid,  to  any  person  within  any 
of  the  exceptions  specified  in  said  proclamation,  it  shall 
be  appended  to  the  petition  of  the  applicant — which  peti- 
tion shall  also  be  verified  before  such  Ordinary  or  Clerk 
by  the  oath  of  the  party ;  and  when  administered  to  any 
person  not  embraced  within  any  of  the  exceptions  speci- 
fied, the  original  oath,  taken  and  subscribed,  shall  be 
sent  by  the  officer  administering  the  same  to  the  Secre- 
tary of  State  of  the  United  States,  and  a  certified  cojw 
shall  be  given  to  the  applicant. 

And  it  is  further  proclaimed  and  declared,  that  all 
the  civil  officers  of  this  State  who  have  taken  and  sub- 
scribed the  oath  prescribed  in  the  proclamation  afore- 
said, if  not  embraced  within  any  of  the  exceptions,  or 
who  may  have  received  special  amnesty  if  embraced, 
shall  proceed  thereafter  in  the  discharge  of  the  duties  of 
their  several  offices  according  to  the  laws  in  existence 


20  Confederate    Records 

prior  to  the  1st  of  January,  1861,  so  far  as  tlie  same  are 
not  inconsistent  with  our  present  condition. 

To  facilitate  the  people  in  obtaining  the  amnesty 
proffered,  the  Ordinaries  or  Clerks  (as  the  case  may  be), 
are  authorized  to  procure  printed  blanks  from  either  one 
of  the  following  presses  most  convenient,  as  the  same  may 
be  needed,  for  which  payment  will  be  provided  on  bills 
presented  at  this  office,  viz.:  Savannah  Republican, 
Augusta  Chronicle  &  Sentinel,  Southern  Watchman, 
Atlanta  Intelligencer,  Rome  Courier,  Macon  Telegraph, 
Southern  Recorder  and  Columbus  Enquirer. 

Done  at  Milledgeville,  the  capital  of  the  State,  on 
this  the  7th  day  of  August,  in  the  year  of  our 
Lord  1865,  and  the  eighty-ninth  year  of  Ameri- 
can Independence. 

Jas.  Johnson, 

Provisional  Governor  of  Georgia. 
By  the  Governor: 
L.  H.  Briscoe, 

Secretary. 


FRIDAY,  AUGUST  11th,  1865. 

The  following  communication  was  this  day  addressed 
by  His  Excellency,  the  Governor,  to  the  Postmaster- 
General  : 

Executive  Office, 
Provisional  Gov't  of  Georgia, 

August  11th,  1865. 
Sir  :    Pursuant  to  your  suggestion  contained  in  your 


Peovisional  Governor  James  Johnson  21 

letter  of  the  14tli  ult.,  just  received,  ''that  you  will  be 
prepared  to  put  the  mails  upon  the  railroads  in  Georgia 
as  soon  as  I  shall  certify  to  you  what  roads  are  in  a 
condition  to  convey  them,  and  are  in  charge  of  reliable 
and  proper  persons,"  I  hereby  [certify]  that  condition 
of  facts  exists  as  to  the  following  roads,  viz. : 

Macon  to  Columbus, 

Macon  to  Atlanta, 

Fort  Valley  to  Albany, 

Milledgeville  to  Gordon, 

Milledgeville  to  Eatonton, 

Augusta  to  Atlanta, 

Camak  to  Warrenton, 

Double  Wells  to  Washington, 

Union  Point  to  Athens, 

Atlanta  to  West  Point, 

Atlanta  to  Chattanooga, 

Kingston  to  Rome. 

Respectfully,  your  obedient  servant, 

Jas.  Johnson, 

Provisional  Governor  of  Georgia. 

Hon.  Postmaster-General, 

Washington,  D.  C. 


22  Confederate    Records 

SATURDAY,  AUGUST  12th,  1865. 

Executive  Office, 
Provisional  Gov't  of  Georgia, 

MiLLEDGEVILLE,   AugUSt   12,    1865. 

Whereas,  The  Honorable  0.  A.  Lochrane  has  tendered, 
through  this  office  to  the  people  of  the  Macon  Judicial 
District,  his  resignation  as  Judge  of  the  Superior  Court 
of  the  same,  Carlton  B.  Cole,  Esq.,  of  the  county  of  Bibb 
is  hereby  appointed  to  fill  the  vacancy  created  as  above; 
and  it  is  hereby  ordered  that  a  Commission  in  usual  form 
do  issue  from  this  office  accordingly. 

By  the  Governor : 

L.  H.  Briscoe, 

Secretary. 

Ordered,  That  Philip  A.  Hoyne,  Esq.,  of  Chicago,  be, 
and  he  is  hereby  appointed  a  Commissioner  of  Deeds  in 
the  State  of  Illinois  for  the  State  of  Georgia,  and  that  a 
commission  do  issue  accordingly  from  this  office. 

By  the  Governor: 

L.  H.  Briscoe, 

Secretary. 


Provisional,  Governor  James  Johnson  23 

MONDAY,  AUGUST  14tli,  1865. 

Executive  Office, 
Provisional  Gov't  of  Georgia, 
Milledgeville,  August  14,  1865. 

It  appearing  that  R.  T.  Hall,  Ordinary  of  Jones 
County,  is  perhaps  disqualified  from  administering  the 
oath  of  amnesty  prescribed  in  the  President's  proclama- 
tion of  May  29th,  1865,  in  consequence  of  having  himself 
been  a  domestic  agent  of  the  Confederate  States,  and 
therefore  in  one  of  the  excepted  classes:  It  is  ordred. 
That  Frank  Walker,  Clerk  of  the  Superior  Court  of  said 
County  of  Jones,  be,  and  is  hereby  appointed  and  fully 
authorized  to  administer  oaths  in  all  cases  in  which  the 
Ordinary,  (if  not  disqualified)  could  have  acted,  pursuant 
to  executive  proclamation  from  this  office  of  7th  August, 
1865,  provided  said  Clerk  shall  himself  have  first  com- 
plied with  the  terms  and  conditions  in  my  said  procla- 
mation named. 

By  the  Governor:     (Under  Seal.) 

L.  H.  Briscoe, 

Secretary. 


24  Confederate    Records 

TUESDAY,  AUGUST  15th,  1865. 

Executive  Office, 
Provisional  Gov't  of  Georgia, 
Milledgeville,  August  15,  1865. 

It  appearing  that  L.  Pitts,  Ordinary  of  the  County 
of  Troup,  is  disqualified  from  administering  the  oath 
of  amnesty  prescribed  by  the  President's  proclama- 
tion of  May  29,  1865,  as  he  is  embraced  in  one  of  the 
classes  of  excepted  cases:  It  is  ordered,  that  John  F. 
Autrey,  Clerk  of  the  Superior  Court  of  the  County  of 
Troup,  be,  and  he  is  hereby,  appointed  and  fully  author- 
ized to  administer  said  amnesty  oath,  and  such  other 
oaths  connected  with  procuring  amnesty  as  the  Ordinary 
(if  not  disqualified)  would  have  been  authorized  to  do 
by  reason  and  virtue  of  my  proclamation  issued  7th  day 
of  August,  1865.  Provided,  said  Clerk  shall  himself  have 
first  complied  with  the  terms  and  requisitions  in  my  said 
proclamation  set  forth. 

By  the  Governor : 

(Under  Seal)  L.  H.  Briscoe, 

Secretary. 


Provisional  Governor  James  Johnson  25 

TUESDAY,  AUGUST  15tli,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Georgia, 

MiLLEDGEVILLE,  AugUSt    15,    1865. 

It  appearing  from  properly  authenticated  evidence, 
that  George  B.  Stovall  was,  on  the  12th  day  of  April 
last,  duly  elected  by  the  people  of  Morgan  County  Ordi- 
nary of  said  County,  to  fill  the  unexpired  term  of  F.  W. 
Arnold,  deceased,  It  is  Ordered,  That  a  Commission,  in 
terms  of  the  law,  do  issue  to  him  as  Ordinary  aforesaid. 

By  the  Governor : 

L.  H.  Briscoe,  Secretary. 


WEDNESDAY,  AUGUST  16th,  1865. 

The  following  letter  from  His  Excellency,  the  Pro- 
visional Governor,  to  Hugh  McCullough,  Secretary  of  the 
Treasury,  was  this  day  forwarded : 

Executive  Office, 
Provisional  Gov't,  of  Georgia, 

MlLLEDGEVILLE,  AugUSt  16,  1865. 

Hon.  Hugh  McCullough, 

Secretary  of  Treasury,  U.  S. 

Dear  Sir:  I  desire  to  notify  your  department  that 
a  certain  number  of  bales  of  cotton  captured  by  General 
Sherman  in  Savannah  may  be  claimed  by  the  State  oi 


26  Confederate    Records 

Georgia  as  belonging  to  her.  T!he  material  facts  of  the 
case,  as  I  am  informed,  are,  on  the  approach  of  General 
Sherman  to  Savannah,  the  agent  of  the  State  sold  the 
cotton  to  Mr.  Brigham  and  others  on  certain  terms. 
Gov.  Brown,  on  receiving  notice  from  the  agent,  refused 
to  ratify  the  sale,  but  this  was  not  communicated  to  the 
agent  until  after  capture.  I  will  communicate  further 
particulars  on  receipt  of  information.  In  the  mean  time, 
I  hope  the  claim  of  the  State  will  not  suffer  prejudice. 

Yours  truly, 

J.  Johnson, 

Prov.  Gov,  of  Ga. 


THURSDAY,  AUGUST  17th,  1865. 

Executive  Office, 

Provisional  Gov't,  of  Georgia, 

Milledgeville,  August  17,  1865. 

It  appearing  that  William  D.  Bentley,  Ordinary  of 
the  County  of  Forsyth,  is  disqualified  from  administering 
the  oath  of  amnesty  prescribed  in  the  President's  procla- 
mation of  May  29,  1865,  he  being  within  one  of  the 
excepted  classes.  It  is  Orderedy  That  the  Clerk  of  the 
Inferior  Court  of  said  County  of  Forsyth  be,  and  he  is 
hereby,  authorized  and  empowered  to  administer  said 
amnesty  oath,  and  to  do  all  other  acts  connected  there- 
with as  fully  as  the  Ordinary  of  said  County  (if  not  dis- 
qualified) would  have  been  allowed  to  do  by  virtue  of 
my  proclamation  of  the  7th  day  of  August,  1865;  pro- 
vided, said  Clerk  shall  himself  have  complied  in  the  first 


Peovisional  Governok  James  Johnson  27 

place  with  the  terms  and  conditions    of   my    aforesaid 
proclamation. 

By  the  Governor : 

(Under  Seal)  L.  H.  Briscoe, 

Secretary. 

Ordered,  That  Charles  H  J.  Collis,  Esq.,  of  Phila- 
delphia, be,  and  is  hereby  appointed  a  Commissioner  of 
Deeds  in  the  State  of  Pennsylvania  for  the  State  of  Geor- 
gia, with  all  the  powers  and  duties  incident  thereto,  and 
that  commission  do  issue  from  this  office  accordingly. 


By  the  Governor: 


L.  H.  Briscoe,  Secretary. 


Executive  Office, 
Provisional  Gov't,  of  Georgia, 
Milledgeville,  August  17,  1865. 

Pursuant  to  elections  held  in  the  County  of  Pickens 
for  Justices  of  the  Peace,  the  returns  of  which  have  been 
received  at  this  office,  commissions  were  this  day  issued 
to  the  following  parties  elected : 

James  Eaton   794  District. 

Moses  S.  Phaw 794  District. 

Stephen  Griffith 1099  District. 

Jackson  Lansdown 1099  District. 

Robert  B.  Dearing 1036  District. 

R.  G.  Allen 1036  District. 

Stephen  Richards 899  District. 


Confederate    Records 

W.  F.  Cantrell 899  District. 

Wm.  Martin 1182  District. 

Martin  V.  Coffey 1182  District. 

William  Murphy 1101  District. 

Joseph  D.  Neal 1101  District. 

Abraham  Crow 1129  District. 

Wm.  Whitfield 1129  District. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


SATURDAY,  AUGUST  19,  1865. 

Executive  Office, 

Provisional  Gov't,  of  Georgia, 

Milledge\'tlle,  August  19,  1865. 

It  being  made  to  appear  at  this  office  that  the  Ordinary 
of  Heard  County  is  disqualified  from  administering  the 
oath  of  amnesty  as  prescribed  by  the  President's  procla- 
mation of  May  29,  1865,  he  falling  within  one  of  the 
classes  of  excepted  cases  therein  specified,  which  condi- 
tion is  the  same  as  to  the  person  who  holds  within  himself 
the  offices  of  Clerk  of  the  Superior  and  Inferior  Courts : 
It  is  Ordered,  That  W.  H.  C.  Pace,  Edward  Phaw  and 
Mordecai  Shackelford,  Justices  of  the  Inferior  Court  of 
said  County  of  Heard,  or  any  one  of  them,  is  hereby  fully 
authorized  and  empowered  to  administer  said  oath,  and 
all  other  oaths  necessary  to  perfect  the  papers  of  appli- 
cants for  special  pardon,  as  fully  as  the  Ordinary  himself 


Provisional.  Governor  James  Johnson  29 

[would]  have  done  by  reason  of  my  proclamation  of  the 
7th  of  August,  1865;  provided,  said  Justices  are  them- 
selves qualified  by  compliance  with  the  terms  and  condi- 
tions of  my  said  proclamation. 

By  the  Governor: 

(Under  Seal)  L.  H.  Briscoe, 

Secretary. 


WEDNESDAY,  AUGUST!  30th,  1865. 

The  following  communication  was  this  day  received 
at  this  office  from  Major-General  Thomas,  commanding 
Military  Division  of  Tennessee,  touching  transfer  to  the 
State  authorities  of  the  Western  &  Atlantic  or  State 
Railroad: 

Headquarters  Military  Division  of  Tennessee, 
Nashville,  Tenn.,  August  19th,  1865. 

Hon.  James  Johnson, 

Provisional  Governor  State  of  Georgia, 

Milledgeville,  Ga. 

Sir:  I  have  the  honor,  by  direction  of  Major-General 
Thomas,  to  enclose  for  your  information  an  official  copy 
of  the  orders  from  the  War  Department  with  reference 
to  the  turning  of  the  railroads  in  this  Military  District 
over  to  the  companies  formerly  owning  and  operating 
them. 

I  am  instructed  by  Major-General  Thomas   to   say 


30  Confederate    Records 

further,  that  if  you  will  appoint  a  Board  of  Directors 
for  the  Georgia  State  Road,  running  from  Chattanooga, 
Tenn.,  to  Atlanta,  Ga.,  whom  you  can  recommend  as 
being  true  and  loyal  men,  and  which  Board,  in  accordance 
with  the  provisions  of  the  first  paragraph  of  said  order, 
he  can  conscientiously  approve  of  and  accept,  he  will 
turn  over  said  Georgia  Railroad  to  you  upon  the  same 
terms  precisely  as  the  other  railroads  running  within  his 
command  are  turned  over  to  other  companies. 

The  Major-General  commanding  would  be  pleased  to 
hear  your  views  on  this  subject  at  as  early  a  day  as  may 
be  practicable. 

I  am,  sir,  very  respectfully, 

Your  obedient  servant, 

Robert  H.  Ramsey, 

Brt.  Col.  and  Asst.  Adj.-Gen'l. 

The  terms  and  conditions  of  transfer  referred  to  in 
above  communication  were  this  day  placed  of  file  in  this 
office. 


THURSDAY,  AUGUST  31st,  1865. 

Executive  Office, 

Provisional  Gov't,  of  Georgia, 

Milledgeville,  August  31,  1865. 

The  following  telegraphic  dispatch  was  this  day  for- 
warded by  His  Excellency,  the  Governor,  to  Macon,  Ga., 


Provisionax.  Governor  James  Johnson  31 

to  be  transmitted  to  Major-General  G.  H.   Thomas  at 
Nashville,  Tenn. : 

Executive  Office, 
Provisional  Gov't,  of  Georgia, 
Milledgeville,  August  31,  1865. 

Major-Gen 'l.  G.  H.  Thomas, 

Nashville,  Tenn. 

Dear  Sir:  I  accept  the  road  on  the  terms  proposed, 
and  will  proceed  forthwith  to  appoint  a  Board  of  Direct- 
ors. I  will  further  ad\'ise  you  in  a  few  days  from 
Atlanta. 

J.  Johnson, 

Prov.  Gov.  of  Ga. 


SATTJRDAY,  SEPTEMBER  2,  1865. 

Executive  Office, 
Provisional  Gov^t.  of  Georgia, 
Milledgeville,  September  2,  1865. 

Pursuant  to  returns  of  an  election  for  Justice  of  the 
Peace  for  the  320th  District,  Baldwin  County,  G.  M.,  to 
supply  the  vacancy  of  Robert  J.  Micklejohn,  late  de- 
ceased. Ordered,  That  a  commission  do  issue  to  Peter 
Fair  to  fill  said  vacancy,  he  being  the  party  elect. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


32  CONFEDEBATE     EeCOEDS 

By  virtue,  and  in  pursuance  of  the  appointment  by 
the  Justices  of  the  Inferior  Court  of  Putnam  County  of 
M.  Graybill  as  Sheriff  to  fill  the  unexpired  term  of 
Griffin,  resigned.  Ordered,  That  a  commission  do  issue 
from  this  office  accordingly. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


;  SATURDAY,  SEPTEMBER  9,  1865. 

Executive  Office, 
September  9,  1865. 

In  pursuance  of  the  terms  proposed  by  Major-General 
G.  H.  Thomas,  it  is  hereby  ordered  and  directed  that 
Richard  Peters,  of  Atlanta,  Robert  M,  Goodman,  of  Mari- 
etta, J.  R.  Parrot,  of  Cartersville,  Robert  Batey,  of 
Dalton,  and  William  L.  Whitman,  of  Ringgold,  be,  and 
are  hereby  appointed  directors  of  the  Western  &  Atlantic 
Railroad,  with  full  power  and  authority  to  accept  and 
receive  the  same  from  the  military  authorities  of  the 
United  States  upon  the  terms  and  conditions  proposed 
by  the  Secretary  of  War. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, the  day  and  year  aforesaid. 

J.    JoHNSONy 

Prov.  Gov.  of  Ga. 


Provisional  Governor  James  Johnson  33 

Executive  Office, 
Provisional  Gov't,  of  Georgl^, 
September  9,  1865. 

It  is  hereby  ordered  and  directed,  That  Miles  G. 
Dobbins,  of  Spalding  County,  be,  and  is  hereby,  appointed 
Treasurer  of  the  Western  &  Atlantic  Railroad,  upon  his 
giving  bond  and  taking  the  oath  required  by  law. 

Given  under  my  hand  and  Seal  of  office,  the  day  and 
year  above  [written]. 

J.  Johnson, 

Prov.  Gov.  of  Ga. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  September  9,  1865. 

■It  is  hereby  ordered  and  directed.  That  Robert  Baugh, 
of  Atlanta,  Georgia,  be,  and  is  hereby,  appointed  Super- 
intendent of  the  Western  and  Atlantic  Railroad  upon 
giving  bond  and  taking  the  oath  required  by  law. 

Jas.  Johnson, 
Provisional  Gov.  of  Ga. 


MONDAY,  SEPTEMBER  11,  1865. 

Ordered,  That  the  Hon.  William  M.  Sessions  be,  and 
is  hereby,  appointed  Judge  of  the  Superior  Courts  of  the 


34       -  Confederate   Records 

Brunswick  Judicial  Circuit  to  fill  the  unexpired  term  of 
Hon.  A.  E.  Cochrane,  deceased,  and  that  a  commission 
do  issue  from  this  office  accordingly. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


SATURDAY,  SEPTEMBER  16,  1865. 

Executi\^  Office, 
Provisional  Gov't,  of  Ga., 

September  16,  1865. 

It  is  hereby  requested  of  the  officers  of  the  State 
House  Department,  that  each  of  them  report  to  me  the 
condition  of  his  office  on  or  before  the  15th  of  October 
next,  and  that  each  be  furnished  with  a  copy  of  this 
request. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  September  16,  1865. 

Major-General  Geo.  H.  Thomas  having  objected  to 
Robert  Batey,  of  Dalton,  Ga.,  as  a  director  of  the  West- 
ern &  Atlantic  Railroad,  it  is  hereby  ordered  and  directed 


Provisional  Governor  James  Johnson  35 

that  Randolpli  L.  Mott,  of   Columbus,   Ga.,  be,   and  is 
hereby,  appointed  Director  of  said  road  m  the  place  of 

said  Batey. 

J,  Johnson, 

Prov.  Gov.  of  Ga. 


TUESDAY,  OCTOBER  10th,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 

October  10th,  1865. 

It  is  ordered,  That  Daniel  A.  Jol^-on,  of  Spalding 
County  be,  and  is  hereby,  appointed  Auditor  on  he 
Westm  I  Atlantic  Railroad,  and  that  he  enter  upon  the 
Ities  of  said  office  upon  taking  the  oath  and  giving 
bond  as  required  by  law. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, the  day  and  year  aforesaid. 

Jas.  Johnson, 
Prov.  Gov.  of  Ga. 


THURSDAY,  OCTOBER  12,  1865. 

Ordered  That  the  several  persons  hereinafter  named 
be,  and  are  hereby,  appointed  Commissioners  of  Deeds 
for  the  State  of  Georgia  in  the  several  States  and  cities 


36  Confederate   Records 

in  which  they  respectfully  reside,  with  full  power  and 
authority  to  act  in  all  such  matters  as  by  the  laws  in 
force  they  are  authorized  to  do,  by  reason  of  their  official 
capacity  aforesaid;  and  that  commissions  in  usual  form 
issue  to  each,  to  remain  in  force  during  good  behavior, 
or  until  vacated  by  competent  authority,  viz. : 

Francis  C.  Bless,  New  York,  N.  Y. 

Asa  W.  Parker,  New  York  and  Brooklyn,  N.  Y. 

William  Phillips,  New  York,  N.  Y. 

Joseph  B.  Nones,  New  York,  N.  Y. 

David  Barnett,  New  York,  N.  Y. 

J.  W.  Westcott,  Memphis,  Tenn. 

N.  R.  Wilson,  Louisville,  Kentucky. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


SATURDAY,  OCTOBER  21,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  October  21,  1865. 

To  THE  Principal,  Keeper  of  the  Penitentiary  : 

Whereas,  James  Campbell,  a  convict  in  the  penitenti- 
ary of  this  State,  was  sentenced  to  hard  labor  and  confine- 
ment in  the  same,  in  Chatham  Superior  Court,  for  the 
term  of  six  years  for  the  offense  of  robbery ;  and  ivhereas, 
he  is  reported  to  have  conducted  himself  during  his  im- 


Peovisional.  Governor  James  Johnson  37 

prisonment  in  an  orderly  and  satisfactory  manner;  and 
it  further  appearing  that  allowing  the  deduction  in  time 
authorized  by  law  on  account  of  good  behavior,  he  has 
but  a  short  time  to  remain, 

It  is  ordered,  That,  to  the  end  of  his  restoration  to 
civil  rights,  he  be,  and  is  hereby,  pardoned,  and  will  at 
once  be  discharged  and  set  at  liberty. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, at  the  Capitol  in  Milledgeville,  the  day  and 
year  aforesaid. 

Jas.  Johnson, 

Prov.  Gov.  of  Ga. 
By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  October  21,  1865. 

To  THE  Honorable  Justices  of  the  Inferior  Court  of 

Chattooga  County: 

Whereas,  In  the  recent  election  held  in  said  County 
for  delegates  to  a  convention  to  assemble  at  Milledge- 
ville on  the  25tli  instant,  pursuant  to  a  proclamation  of 
myself  as  Provisional  Governor  of  the  State,  a  tie  has 
occurred  between  Wesley  Shropshire  and  Samuel  Mc- 
Wliorter,  thereby  creating  a  vacancy  in  the  representa- 
tion of  said  county;  you  are  therefore  hereby  authorized 
and  directed  to  order  a  new  election  to  fill  said  vacancy, 


38  Confederate    Records 

first  giving  twenty  days  previous  notice  of  the  time  of 
holding  the  same,  as  required  by  law. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, at  the  Capitol  in  Milledgeville,  the  day  and 
year  aforesaid. 

Jas.  Johnson, 

Prov.  Gov.  of  Ga. 
By  the  Governor : 

L.  H.  Briscoe,  Secretary. 


WEDNESDAY,  OCTOBER  25th,  1865. 

The  following  message  from  His  Excellency,  James 
Johnson,  Provisional  Governor  of  the  State  of  Georgia, 
was  this  day  communicated  to  the  convention,  to-wit: 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  October  25th,  1865. 

Gentlemen  of  the  Convention  : 

The  circumstances  under  which  you  have  assembled 
make  it  proper,  in  my  judgment,  that  you  should  have 
set  before  you  a  summary  of  the  financial  condition  of 
the  State,  that  you  may  be  the  better  prepared  to  give 
appropriate  directions  to  executive  officers  touching  the 
discharge  of  important  duties  necessary  to  be  performed 
before  the  Legislature  will  assemble.  Upon  entering  on 
the  duties  of  my  office,  I  ascertained,    from    a    source 


Peovisional  Governor  James  Johnson  39 

deemed  reliable,  that  the  cotton  which  had  been  previ- 
ously purchased  by  the  State  had  either  been  captured 
or  consumed  by  fire,  and  that  all  the  assets  the  State 
held  abroad  had  been  drawn  against  to  the  full  extent 
of  their  value. 

The  Western  &  Atlantic  Railroad,  yielding  us  no  in- 
come, and  the  stock  belonging  to  the  State  in  banks  and 
other  railroads  were  entirely  unavailable. 

Our  charitable  institutions,  the  Academy  for  the  Blind 
at  the  City  of  Macon,  and  the  Lunatic  Asylum  at  this 
place,  were  without  funds,  and  are  now  compelled  to 
resort  to  such  credit  as  they  may  obtain  to  procure  sup- 
plies necessary  for  the  maintenance  of  their  unfortunate 
inmates.  The  Penitentiary,  with  its  shops  and  machinery, 
has  been  nearly  destroyed — to  such  an  extent  as  to  render 
it  wholly  inadequate  to  accomplish  the  purpose  de- 
signed— and  nearly  all  the  convicts  have  either  escaped 
or  been  discharged. 

It  will  be  necessary,  therefore,  to  make  some  pro- 
visions to  earry  into  effect  the  judgments  of  the  courts 
against  certain  criminals  for  offences  committed  in  viola- 
tion of  existing  laws,  or  which  may  be  committed,  until 
new  laws  shall  be  made  prescribing  new  penalties  and 
other  modes  of  inflicting  punishment  for  crime. 

During  the  progress  of  the  war,  the  Western  & 
Atlantic  Railroad  was  alternately  destroyed  and  rebuilt 
by  the  contending  armies,  until  by  the  operations  of  last 
spring  it  finally  fell  into  the  possession  of  the  military 
authorities  of  the  United  States.  By  them  it  was  tem- 
porarily repaired  and  put  in  running  order  and  by  them 
retained  until  about  the  25th  of  last  month,  when  it  was 
turned  over  to  the  State,  upon  certain  terms  and  condi- 


40  Confederate    Records 

tions  proposed  by  the  United  States.  Most  of  the  depots 
on  the  road  and  the  work-shops  on  it  are  to  be  repaired 
or  rebuilt;  many  cross-ties  to  be  furnished,  and  much  of 
the  iron  to  be  relaid.  The  bridges  over  the  streams  were 
found  to  be  frail  and  liable  to  be  swept  off  by  the  first 
heavy  freshet.  Such  being  the  case,  the  Superintendent 
and  Directors  did  not  hesitate,  with  my  approval,  to  enter 
into  contracts  for  the  immediate  construction  of  perma- 
nent and  substantial  bridges.  They  are  fourteen  in  num- 
ber, and  by  the  terms  of  the  contracts  are  to  be  completed 
by  the  15tli  of  December  next.  The  rolling  stock  on  the 
road  being  insufficient,  the  Superintendent  and  Directors 
purchased  of  the  U.  S.  nine  engines,  and  about  one  hun- 
dred cars.  This  outlay  cannot  be  met  by  the  proceeds 
of  the  road,  but  will  require,  it  is  estimated,  more  than 
a  half  million  of  dollars. 

I  have  caused  some  repairs  to  be  put  upon  the  State 
House  and  the  Executive  Mansion.  Tliese  will  require 
further  appropriations  to  replenish  and  put  tliem  in 
proper  order.  Having  no  available  assets  with  which 
to  pay  the  mileage  of  the  members  of  the  convention  or 
their  per  diem,  I  borrowed,  on  the  faith  of  the  State, 
from  citizens  of  Augusta,  about  the  sum  of  fifty  thousand 
dollars  to  be  used  by  the  convention  for  that  purpose. 
Special  contracts  have  been  made  with  the  citizens  lend- 
ing the  money,  to  which  contracts  I  invite  your  attention, 
and  respectfully  ask  that  they  be  approved  and  that 
provisions  be  made  to  meet  them  promptly. 

Since  our  last  election  for  members  of  the  congress 
of  the  United  States,  a  new  apportionment  of  Repre- 
sentatives has  been  made  under  the  census  returns  of 
1860;  and  by  the  apportionment  the  number  allotted  to 
the  State  of  Georgia  is  reduced  to  seven.    It  being  de- 


Pkovisional  Governor  James  Johnson  41 

sirable  that  Representatives  should  be  elected  at  as  early 
a  day  as  practicable,  it  will  be  proper  that  the  convention 
shall,  by  resolution  or  otherwise,  divide  the  State  into 
the  requisite  number  of  districts  and  order  that  the  elec- 
tion for  members  to  Congress  be  held  on  the  same  day 
as  that  on  which  the  Governor  and  members  of  the  Gen- 
eral Assembly  may  be  directed  to  be  holden. 

The  changes  which  the  war  and  its  results  have  made 
in  our  property,  population  and  resources,  suggest  that 
some  corresponding  changes  or  modifications  be  made  in 
the  organic  law  fixing  the  basis  and  the  mode  of  repre- 
sentation in  each  branch  of  the  General  Assembly.  To 
approximate  perfect  justice  on  this  subject  is,  under  the 
most  favorable  circumstances  almost  impossible,  but  witli 
us,  at  present,  it  is  still  more  difficult  because  of  the  want 
of  accurate  statistical  information.  For  the  purpose  of 
aiding  you  in  performing  this  delicate  task,  I  have  pro- 
cured for  the  use  of  the  convention  ''Vol.  Population" 
of  the  census  of  1860,  and  which  will  be  furnished  when 
desired. 

Within  the  past  few  years,  we  have  made  several  ex- 
periments on  our  judicial  system.  These  experiments, 
I  think,  have  demonstrated  that  the  Judges  should  be 
independent  of  the  Executive ;  and  that  sound  policy  and 
the  wholesome  administration  of  law  require  that  the 
Governor  be  deprived  of  the  appointment  of  all  judicial 
functionaries.  The  administration  of  justice  will,  under 
the  new  condition  of  society,  require  that  the  organic 
law  be  so  made  as  to  allow  the  legislature  to  establish 
inferior  tribunals  in  each  county  with  jurisdiction  over 
certain  classes  of  civil  and  criminal  causes.  The  sessions 
of  such  courts  should  be  frequent,  so  as  to  dispatch  busi- 
ness without  delay,  and  should  be  held  subject  to  legisla- 


42  Confederate    Records 

tion,  from  time  to  time,  as  the  public  exigencies  might 
require. 

In  this  connection,  I  cannot  forbear  earnestly  recom- 
mending to  your  deliberate  consideration,  the  propriety 
of  ordaining  that  the  Supreme  Court  shall  hold  its  ses- 
sions at  one  place,  and  that  one  place  shall  be  the  seat  of 
government  for  the  State.  The  advantages  resulting 
from  it  will  be  many  and  great.  It  will  better  secure  the 
convenience  of  suitors,  and  approximate  more  nearly  in 
distributing  justice  at  each  man's  door.  It  will  add  con- 
sequence to  our  Capitol,  give  more  dignity  to  the  court, 
and  more  authority  to  their  decisions. 

The  public  debt  of  the  State,  as  reported  by  the  Comp- 
troller, amounts  to  about  20,813,525  dollars.  Of  this  sum 
2,667,750  dollars  were  contracted  prior  to  the  commence- 
ment of  the  war;  the  balance,  about  18,135,775  dollars, 
during  its  existence.  On  the  amount  incurred  previous  to 
hostilities,  there  is  now  due  and  unpaid  about  the  sum  of 
234,000  dollars. 

The  liabilities  incurred  before  the  war  is,  in  every 
sense  a  debt,  and  the  State  is  bound,  by  every  considera- 
tion of  good  faith  and  public  morality,  so  to  regard  it, 
and  make  provision  for  the  prompt  and  faithful  discharge 
of  such  liability.  No  reasonable  doubt  can  be  entertained 
that  such  will  be  her  pleasure  and  her  action.  But  the 
debt  created  during  the  war  stands  on  a  very  different 
basis.  It  is  of  no  legal  or  moral  obligation,  because  it 
was  created  to  aid  in  the  prosecution  of  a  war  of  rebellion 
against  the  United  States.  Tlie  purpose  sought  to  be 
accomplished  was  unconstitutional,  and  all  who  partici- 
pated in  anywise  in  the  effort  to  sever  the  country  were 
violators  of  law,  and  can  therefore  set  up  no  claim,  either 
legal  or  equitable,  for  money  advanced  or  for  services 


Provisional.  Governor  James  Johnson  43 

rendered.  Furthermore,  these  contracts  from  which  a 
liability  is  said  to  result  were  made  with  Georgia  in  re- 
volt— with  Georgia  as  a  member  of  the  Confederate 
States'  government.  The  government  to  which  she  then 
belonged  has  been  overthrown,  and  with  its  overthrow 
all  Confederate  debts  became  extinct.  Georgia  as  a  com- 
ponent part  of  it  no  longer  exists,  and  her  debts  then 
incurred  have  in  like  manner  been  extinguished;  She  is 
no  longer  in  revolt.  She  is  one  of  the  States  of  the  Fed- 
eral Union,  and  in  her  return  to  reconciliation  her  allegi- 
ance to  the  government  requires  that  the  act  of  secession 
be  cancelled,  and  all  other  acts  done  and  performed  in 
aid  of  the  rebellion  be  declared  void  and  of  none  etfect. 
The  ultimate  redemption  of  the  currency,  both  State  and 
Confederate,  was  made  dependent  in  fact  and  in  terms 
upon  the  result  of  the  fatal  struggle.  No  one  expected 
payment  if  finally  defeated  in  our  efforts  to  secure  inde- 
pendence, and,  therefore,  no  plighted  faith  is  violated  by 
a  refusal  on  the  part  of  Georgia  to  assume  to  pay  an 
indebtedness  dependent  on  the  issue.  The  currency  and 
the  cause  flourished  together  while  in  life,  and  now  that 
the  cause  has  no  longer  a  being,  the  currency  that  sus- 
tained it  may  well  be  interred  in  the  same  grave. 

To  call  a  refusal  on  the  part  of  the  State  to  acknowl- 
edge or  pay  these  extinct  demands  repudiation  is  but  a 
perversion  of  the  use  of  language,  and  presents  an  ap- 
pearance of  an  attempt  to  sustain  and  uphold  a  desperate 
cause  by  a  resort  to  odious  words  and  opprobrious  epi- 
thets. Our  burdens  are  already  great,  and  our  strength 
greatly  diminished.  The  assumption  of  such  a  debt  will 
still  add  to  our  weakness,  impair  our  credit,  increase  our 
taxes,  deter  immigration,  prevent  capital  from  seeking 


44  CONFEDEKATE     RECORDS 

an  investment  among  us,  and  will  embarrass  us  in  a 
variety  of  ways  for  years  to  come. 

To  transfer  this  great  question  to  the  legislature 
will  be  considered  as  a  quasi  endorsement  of  its  justice. 
The  legislature  will  have  its  own  peculiar  burdens  to 
bear,  and  will  be  pressed  with  business  beyond  that  of 
any  one  that  has  assembled  in  our  day.  It  will  be  charged 
with  framing  and  passing  tax  laws,  police  laws,  penal 
laws,  laws  relating  to  contracts  and  to  all  the  manifold 
relations  of  life.  Such  subjects  will  be  sufficient  to  con- 
sume the  time  and  talents  of  the  most  able  and  indus- 
trious of  men,  and  the  public  welfare  will  demand  that 
to  these  subjects  the  members  of  the  legislature  shall 
give  their  earnest,  best  and  undivided  efforts.  Let  not 
that  body,  when  in  session,  be  besieged  from  day  to  day 
by  claimants  and  their  agents  and  attorneys  urging  the 
assumption,  in  whole  or  in  part,  of  these  unconstitutional 
demands.  Let  the  hope  of  reward  in  such  efforts  be 
entirely  cut  off;  let  this  overflowing  fountain  of  corrup- 
tion be  now  and  forever  dried  up;  and  let  the  record  of 
your  action  on  this  subject  discourage  in  the  future  all 
premature  efforts  to  overthrow  long  and  well  established 
government.  In  a  word,  ordain  solemnly  and  deliberately 
that  no  legislature  now  or  hereafter  shall,  directly  or 
indirectly,  in  whole  or  in  part,  assume  to  pay,  in  any 
manner,  these  demands,  unconstitutional  in  their  crea- 
tion, and  many  of  them  without  even  the  countenance  of 
equity  to  support  them. 

The  events  of  this  year  will  constitute  an  era  in  his- 
tory. Slavery  has  been  abolished  in  these  States.  Geor- 
gia, in  convention,  is  called  upon  to  put  on  record  an 
acknowledgement  of  the  accomplished  fact  to  give  assur- 
ance to  mankind  that  involuntary  servitude   shall  not 


Peovisional  Governoe  James  Johnson  45 

hereafter,  in  any  form,  or  by  virtue  of  any  device,  exist 
within  her  borders ;  to  enjoin  our  succeeding  legislators 
tliat  they  shall  guard  by  law,  the  community  from  the 
evils  of  sudden  emancipation;  shall  secure  those  emerg- 
ing from  bondage  in  the  enjoyment  of  their  legal  rights, 
and  shall  protect  the  humble,  the  ignorant  and  the  weak 
from  wrong  and  aggression.  Such  are  some  of  the  un- 
foreseen and  wonderful  results  of  war.  In  passing 
through  this  revolution  our  chastisements  have  been 
severe,  and  our  calamities  have  been  heavy,  but  we  should 
do  well  to  remember  that  this  great  change  is  of  Eim 
who  does  all  things  wisely,  and  '' according  to  the  coun- 
sels of  His  will." 

James  Johnson, 
Prov.  Gov.  of  Ga. 


WEDNESDAY,  OCTOBER  25th,  1865. 

The  following  communication  was  this  day  received 
at  this  office  from  Brigadier-General  Davis  Tiilson, 
touching  the  appointment  of  civil  officers  as  agents  of 
the  Freedmans '  Bureau,  to-wit : 


46  Confederate    Records 

Bureau  of  Refugees,  Freedmen  and  Abandoned  Lands, 
Office  Acting  Assistant  Commissioner, 

State  of  Gteorgia, 
Augusta,  Ga,,  October  25th,  1865. 

His  Excellency  James  Johnson, 

Provisional  Governor  State  of  Georgia, 
Milledgeville. 

I  have  the  honor  to  state  that  it  will  probably  be  found 
impossible  to  obtain  a  sufficient  number  of  officers  from 
the  army  to  organize  this  Bureau  and  distribute  them 
throughout  the  State  in  such  a  manner  as  to  prevent  loss 
of  time  and  vexatious  delay  in  the  transaction  of  busi- 
ness. 

Under  these  circumstances,  I  have  the  honor  to  request 
that  you  will  instruct  such  of  the  Justices  of  the  Peace 
and  Ordinaries  of  counties  as  may  be  designated  from 
this  office  to  act  within  the  limits  of  their  jurisdiction 
as  agents  of  the  Bureau,  thereby  enabling  the  people  to 
adjust  their  difficulties  and  maintain  the  police  of  the 
country  through  the  convenient  channels  to  which  they 
have  been  accustomed. 

I  beg  to  state  frankly,  that  in  my  selection  I  should 
be  guided  wholly  by  questions  of  competency  and  fitness. 

Such  of  these  officers  as  may  be  willing  to  act  con- 
scientiously and  to  do  simple  justice  without  reference 
to  condition  or  color,  will  be  deemed  eligible  for  the 
position. 

The  administration  of  justice  through  unusual  chan- 
nels necesarily  occasions  dissatisfaction.       Should  my 


Provisionai.  Governoe  James  Johnson  47 

request  be  granted,  there  is  reason  to  hope  that  much  of 
the  present  irritation  on  the  subject  would  be  allayed  and 
removed. 

I  am,  very  respectfully. 

Your  Excellency's  Obt.  Servant, 

Davis  Tillson, 

Brig.-General  Volunteers  and  Act.   As.   Comr.   Bureau 

R.  F.  &  A.  L.,  State  of  Georgia. 

The  following  message  was  transmitted  to  the  con- 
vention, to-wit: 

Executive  Office, 

Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  Octobcr  25th,  1865. 
Gentlemen  of  the  Convention  : 

Brigadier-General  Davis  Tillson,  Acting  Assistant 
Commissioner,  Bureau  of  Refugees,  Freedmen  and 
Abandoned  Lands,  has  communicated  to  me  a  proposition 
on  a  subject  to  which  I  invite  your  attention.  You  will 
find  it  contained  in  the  copy  letter  hereto  attached. 

Not  having  power  to  confer  jurisdiction  on  courts, 
or  to  prescribe  the  mode  of  trial  of  offenders,  I  could 
not  enter  into  the  arrangement  suggested,  but  submit 
the  matter  to  the  discretion  of  the  convention.  Such  an 
arrangement,  if  made  and  executed  in  good  faith  by  the 
officers  designated,  will,  in  my  judgment,  tend  much  to 
an  early  removal  of  martial  law. 

J.  Johnson, 
Prov.  Gov.  of  Ga. 


48  Confederate    Records 

SATURDAY,  OCTOBER  28th,  1863. 

Tlie  following  message  was  transmitted  to  the  con- 
vention, to-wit: 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  October  30tli,  1865. 

Gentlemen  of  the  Convention: 

I  have  the  honor  herewith  to  submit  to  you  showing 
the  amount  of  money  received  and  expended  by  me  since 
entering  upon  the  duties  of  my  office. 

Borrowed  of  T.  S.  Metcalf ,  of  Augusta,  in  gold, 
bearing  interest  at  the  rate  of  7  per  cent, 
per  annum,  and  payable  in  gold  on  the  6th 
of  December,  1866,  or  1st  of  December, 
1867,  at  the  election  of  the  State $  20,000.00 

Borrowed  of  E.  M.  Bruce  &  Co 10,000.00 

"  Augusta  Manufacturing  Co 5,000.00 

"  J.  M.  Newby 2,500.00 

"  C.F.  McKay 5,000.00 

Cash  of  G.  F.  Cross  pr.  cards  sold 2,000.00 

The  gold  received  was  sold  at  a  i^remium  of 

461/.  per  cent.,  making 9,300.00 

Total  $  53,800.00 

The  last  sums  named  were  received  in  currency,  and 
are  to  be  paid  in  currency  and  bear  interest  at  the  rate 
of  7  per  cent,  per  annum  from  the  6th  of  October,  1865, 
payable  out  of  the  first  available  taxes  collected. 


PROVisioisrAL,  GovEKNOR  James  Johnson  49 

The  expenditures  are  as  follows,  to-wit: 
Items  in  Warrants  in  Comptroller-Generars 

Report   $  4,050.00 

Freight  on  Public  Documents' 10.00 

H.  J.  G.  Williams,  temporary  services 25.00 

Advance  to  L.  H.  Briscoe,  Secretary 85.00 

D.  A.  Caraker,  work  and  materials 326.70 

E.  F.  Williams,  repairs  on  State  House  clock.  40.00 
E.  D.  Brown,  lightwood  furnished 150.00 

Total  $  4,686.70 

J.    JOHNSOX, 

Prov.  Gov.  of  Ga. 
October  30th,  1865. 


MONDAY,  OCTOBER  30th,  1865. 

The  following  message  was  transmitted  to  the  con- 
vention, to-wit: 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  October  30,  1865. 

Gentlemen  of  the  Convention  : 

On  last  evening  I  received  the  following  telegrams. 
Concurring  in  the  justice  and  propriety  of  the  views 


50  Confederate    Records 

therein  contained,  it  is  respectfully  recommended  that 
the  action  of  the  convention  conform  thereto. 

J.  Johnson, 

Prov.  Gov.  of  Ga. 

[Inclosnre  No.  1.] 
Washington,  October  28th,  1865. 

To  His  Excellency,  Jas.  Johnson  : 

Your  several  telegrams  have  been  received.  The 
President  of  the  United  States  cannot  recognize  the  peo- 
ple of  any  State  as  having  resumed  the  relations  of 
loyalty  to  the  Union  that  admits  as  legal  obligations, 
contracts  or  debts  created  on  them  to  promote  the  war 
of  the  rebellion. 

William  Seward. 

[Inclosure  No.  2.] 
Washington,  October  28th,  1865. 

Governor  Johnson: 

Youir  diispatch  has  been  received.  The  people  of 
Georgia  should  not  hesitate  one  single  moment  repudiat- 
ing every  single  dollar  of  debt  created  for  the  purpose 
of  aiding  the  rebellion  against  the  government  of  the 
United  States.  It  will  not  do  to  lev^^  and  collect  taxes 
from  a  State  and  people  that  are  loyal  and  in  the  Union, 
to  pay  a  debt  that  was  created  to  aid  in  taking  them  out, 
thereby  subverting  the  constitution  of  the  United  States. 


Pkovisional  Goveknor  James  Johnson"  51 

I  do  not  believe  the  great  mass  of  the  people  of  the  State 
of  Georgia,  when  left  uninfluenced,  will  ever  submit  to 
the  payment  of  a  debt  which  was  the  main  cause  of  bring- 
ing on  their  past  and  present  suffering,  the  result  of  the 
rebellion.  They  who  vested  their  capital  in  creation  of 
this  debt,  must  meet  their  fate  and  take  it  as  one  of  the 
inevitable  results  of  the  rebellion,  though  it  may  seem 
hard  to  them.  It  should  at  once  be  made  known,  at  home 
and  abroad,  that  no  debt  contracted  for  the  purpose  of 
dissolving  the  Union  of  the  States  can  or  will  be  paid  by 
taxes  levied  on  the  people  for  such  purposes. 

Andrew  Johnson, 

President  U.  S. 

Executive  Office, 
Provisional  Gov't,  op  Ga., 
Milledgeville,  October  30th,  1865. 

Pursuant  to  an  election  held  in  the  county  of  Gordon 
for  two  Justices  of  the  Peace,  the  returns  of  which  have 
been  certified  to  this  office,  commissions  wete  this  day 
issued  to  W.  H.  McDaniel  of  the  1055  District,  and  Samuel 
D.  Wylie  of  the  849  District,  Gordon  County. 

Also,  a  commission  to  Cicero  A.  Poole  of  the  1043 
District,  Paulding  County. 

By  the  Governor : 

L.  H.  Briscoe,  Secretary. 


52  Confederate    Records 

MONDAY,  OCTOBER  30tb,  1865. 

Executive  Office, 
Provisional,  Gov't,  of   Ga., 
MiLLEDGEviLLE,  October  30tli,  1865. 

To  the  Clerk  of  the  Superior  Court 

OF  Newton  County: 

Whereas,  At  a  recent  session  of  Newton  Superior 
Court  Uil  Harper,  Josiah  Wooley,  Marion  Mitchell,  A.  P. 
Mitchell  and  John  M.  King  were  indicted  by  the  Grand 
Jury  of  said  County  for  ''retailing  spirituous  liquors 
without  license,"  and  on  being  arraigned  plead  guilty, 
whereupon  a  fine  of  fifty  dollars  was  imposed  on  each 
defendant  and  costs  of  prosecution.  And  ivliereas,  Hon. 
Alexr.  M.  Speer,  the  presiding  Judge  who  imposed  said 
fines,  together  with  other  prominent  citizens,  have  peti- 
tioned me  that  said  fines  be  remitted,  it  is  therefore 

Ordered,  That  the  said  fines  be,  and  they  are  hereby, 
fully  remitted. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Governor  of  Georgia. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


Peovisional,  Governor  James  Johnson  53 

TUESDAY,  OCTOBER  31st,  1865. 

Executive  Office, 
Provisional  Gov't,  of   Ga., 
Milledgeville,  October  31st,  1865. 

Gentlemen  of  the  Convention : 

In  reply  to  your  resolution  asking  information  relat- 
ing to  the  cotton  purchased  and  assets  of  the  State  held 
abroad,  I  have  the  honor  herewith  to  submit  to  you  cer- 
tain communications,*  letters  and  copy  notes,  which  con- 
tain all  the  information  that  I  have  in  my  possession. 

From  these  documents  it  appears  that  the  cotton  in 
Savannah,  which  was  captured,  had  been  previously  sold 
without  authority. 

Learning  also  in  this  connection,  that  the  notes  of 
Mr.  Brigham  as  set  out  had  been  executed  for  the  pur- 
chase thus  made,  I  did  not  hesitate  to  notify  the  Secretary 
of  the  Treasury  of  the  United  States  that  the  State  of 
Georgia  might  set  up  a  claim  to  the  cotton  sold  and 
captured. 

Upon  this  state  of  facts,  Georgia,  in  my  opinion,  has 
her  election,  either  to  ratify  the  contract  or  disaffirm  it. 
I  respectfully  recommend  that  the  notes  be  returned  to 
the  parties'  executing  them,  and  that  the  Government  of 
the  United  States  be  notified  that  the  claim  against  it 
for  the  cotton  captured  belongs  to  and  will  be  insisted 
upon  by  Georgia. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


54  Confederate    Records 

*  [Enclosure  No.  1.] 
Milledgeville,  Ga.,  August  12tli,  1865. 

His  Excellency  James  Johnson  : 

Sir:  In  compliance  with  your  request,  I  submit  the 
following  statement  of  facts  in  reference  to  the  cotton 
belonging  to  the  State  of  Georgia,  which  was  at  Savan- 
nah, when  the  city  was  occupied  by  General  Sherman's 
forces,  which  had  been  purchased,  partly  under  acts  of 
the  Legislature,  and  partly  on  account  of  the  State  road, 
which  is  the  property  of  the  State. 

Before  proceeding,  however,  I  wish  to  premise,  that 
T  have  not  the  reports  of  the  agents  of  the  State  now 
before  me,  and  cannot  state  accurately,  the  number  of 
bales  of  cotton  then  in  Savannah,  belonging  to  the  State. 
Full  reports  will  be  made  and  an  accurate  statement  of 
the  whole  number  of  bales  purchased  for  the  State  and 
the  disposition  made  of  each,  will  be  submitted  to  your 
Excellency  in  proper  time  to  be  laid  before  the  Legis- 
lature. 

When  General  Sherman  was  on  his  march  through 
the  State,  and  before  he  had  reached  within  two  hundred 
miles  of  the  city  of  Savannah,  I  sent  Mr.  Robert  L 
Rodgers,  a  reliable  officer  of  the  State  road,  to  Savannah, 
with  orders  to  call  on  Dr.  G.  D.  Phillips,  Superintendent 
of  the  road,  then  at  No.  Sy^,  on  the  Central  road,  with 
the  rolling  stock  of  the  State  road,  for  all  the  motive 
power  necessary  to  remove  all  the  State's  cotton  from 
Savannah.  The  number  of  engines  and  cars  at  command 
was  ample  for  this  purpose,  and  I  directed  Mr.  Rodgers 
to  carry  the  cotton  out  by  the  way  of  Charleston,  and  to 
such  place  in  upper  Carolina  as  might  be  safe. 


Provisional  Governor  James  Johnson  55 

Mr.  Rodgers  went  to  Savannah,  and  as  he  reported, 
applied  to  Lieut-General  Hardee,  in  command,  for  leave 
to  ship  the  cotton  over  the  road  towards  Charleston,  on 
State  road  cars,  which  was  positively  refused.  After  he 
found  that  all  efforts  to  ship  were  fruitless,  he  consulted 
Colonel  A.  Wilbur,  who  had  most  of  the  cotton  in  charge 
as  agent  of  the  State,  and  who  was  authorized  to  sell  for 
currency  in  hand  or  on  short  time,  the  part  which  was 
purchased  by  the  Western  and  Atlantic  Railroad,  and 
informed  him  of  the  decision  of  General  Hardee. 

On  receiving  this  information.  Colonel  Wilbur,  as  I 
am  informed,  consulted  with  General  Toombs,  then  in 
the  city,  and  with  other  men  of  good  judgment,  who  were 
officers'  of  the  State,  who  advised  him  to  sell  the  cotton. 
He  then  sold  1,650  bales  of  it  to  Mr.  H.  Brigham  at  $1.10 
in  currency  per  pound,  and  took  notes  for  the  amount 
guaranteed  by  other  parties,  as  will  be  seen  by  reference 
to  the  notes  now  of  file  in  the  State  Treasury,  amounting 
in  the  aggregate  to  $871,200.  These  notes  were  due  six 
months  after  date,  in  Confederate  States  Treasury  Notes, 
or  State  Treasury  Notes,  with  privilege  to  the  parties  at 
maturity,  to  renew  them  for  six  months  more,  by  paying 
interest  for  the  last  six  months. 

As  soon  as  the  trade  was  closed  and  the  notes  taken. 
Colonel  Wilbur  sent  them  to  me  at  Macon,  by  Captain 
Gilmartin.  At  the  time  Captain  Gilmartin  reached 
Macon,  it  was  the  received  opinion  there,  in  which  I  con- 
curred, that  General  Sherman  would  cross  the  river 
above  Savannah,  and  seek  his  water  base  at  Hilton  Head. 
Colonel  Wilbur  was  only  authorized  to  sell  the  part  of 
the  cotton  purchased  by  the  State  road,  and  he  was  not 
authorized  to  give  so  long  a  time  for  payment.  By  the 
terms  of  the  contract,  the  parties  could  pay  in  Confed- 


56  CONFEDEKATE     RECORDS 

erate  notes  at  their  option.  In  view  of  all  these  facts,  I 
decided  that  I  would  not  ratify  the  contract.  I  would 
not  then  have  sold  any  property  of  my  own  for  Confed- 
erate notes,  payable  in  twelve  months,  and  I  would  not 
do  for  the  State  in  this  particular,  what  I  would  not  for 
myself.  I  therefore  wrote  to  Colonel  Wilbur,  that  I 
declined  to  ratify  the  sale,  as  I  preferred  to  take  the 
risk,  sooner  than  take  the  notes,  due  so  long  after  date. 

This  letter  I  sent  by  Captain  Gilmartin,  who  started 
immediately  back  to  Savannah  by  way  of  Thomasville. 
But  before  he  reached  Savannah  the  road  was  cut  by 
General  Sherman's  Cavalry,  and  communication  with 
Colonel  Wilbur  rendered  impracticable. 

He  returned,  and  I  directed  him  to  keep  the  notes  in 
a  safe,  till  further  orders.  I  afterwards  heard,  that  the 
purchasers  had  filed  their  claim  for  the  cotton,  after  it 
fell  into  the  hands  of  the  United  States  authorities.  On 
my  return  from  New  York,  in  June  last,  I  met  Colonel 
Wilbur  in  Savannah,  who  told  me,  the  parties  were  still 
willing  to  abide  by  the  contract,  and  to  pay  their  notes 
in  State  Treasury  notes.  After  this,  I  received  the  notes 
from  Captain  Gilmartin,  and  turned  them  over  to  John 
Jones,  State  Treasurer,  where  your  Excellency  has  access 
to  them. 

I  am,  very  respectfully, 

Your  obedient  servant, 

(Signed)  Joseph  E.  Brown. 


Provisional  Governor  James  Johnson  57 

[Enclosure  No.  2.] 

Executive  Office, 
Provisional,  Gov't,  of  Ga., 
Milledgeville,  August  16th,  1865. 

Hon.  Hugh  McCulloch, 

Secretary  of  Treasury,  U.  S., 
Washiugton,  D.  C. 

Dear  Sir  :  I  desire  to  notify  your  Department,  that 
a  certain  number  of  bales  of  cotton,  captured  by  General 
Sherman  in  Savannah,  may  be  claimed  by  the  State  of 
Georgia,  as  belonging  to  her.  The  material  facts  of  the 
case,  as  I  am  informed,  are :  On  the  approach  of  General 
Sherman  to  Savannah,  the  agent  of  the  State  sold  the 
cotton  to  Mr.  Brigham  and  others,  on  certain  terms. 
Goveraor  Brown,  on  receiving  notice  from  the  agent, 
refused  to  ratify  the  sale,  but  this  was  not  communicated 
to  the  agent  until  after  capture.  I  will  communicate 
further  particulars  on  receipt  of  information.  In  the 
meantime,  I  hope  the  claim  of  the  State  will  not  suffer 
prejudice. 

Yours  truly, 

Jas.  Johnson, 
Prov.  Gov.  of  Ga. 

[Enclosure  No.  3.] 
(copy) 

$63,511.00.— On  or  before  the  first  day  of  June,  1865, 
I  promise  to  pay  to  the  order  of  Joseph  E.  Brown,  Gov- 


58  Confederate    Records 

ernor  of  the  State  of  Georgia,  with  the  privilege  of 
renewal  for  an  additional  six  months,  with  interest  after 
renewal,  the  smn  of  sixty-three  thousand  five  hundred 
and  eleven  dollars,  in  Confederate  States  Treasury  notes, 
or  in  State  of  Georgia  Treasury  notes,  of  the  new  issue, 
being  in  part  purchase  of  (1,650)  sixteen  hundred  and 
fifty  bales  cotton. 

Savannah,  November  30th,  1864. 

(Signed)  H.  Brigham. 

(copy) 

$49,632.00.— On  or  before  the  first  day  of  June,  1865, 
I  promise  to  pay  to  the  order  of  Joseph  E.  Brown,  Gov- 
ernor of  the  State  of  Georgia,  with  the  privilege  of 
renewal  for  an  additional  six  months,  with  interest  after 
renewal,  the  sum  of  forty-nine  thousand,  six  hundred  and 
thirty-two  dollars,  in  Confederate  States  Treasury  notes, 
or  in  State  of  Georgia  Treasury  notes,  of  the  new  issue, 
being  in  part  purchase  of  (1,650)  sixteen  hundred  and 
fifty  bales  cotton. 

Savannah,  November  30th,  1864. 

(Signed)  H.  Brigham. 

We,  the  undersigned,  hereby  bind  ourselves  as  securi- 
ties, each  in  the  sum  of  one  hundred  and  seventy-four 
thousand,  two  hundred  and  forty  dollars  ($174,240). 

(Signed)  D.  H.  Baldwin, 

Andrew  Low, 

A.  Wilbur, 

Warren  Mitchell. 


Provisional  Governor  James  Johnson  59 

(copy) 

$318,761.00.— On  or  before  the  first  day  of  June,  1865, 
I  promise  to  pay  to  the  order  of  Joseph  E.  Brown,  Gov- 
ernor of  the  State  of  Georgia,  with  the  privilege  of 
renewal  for  an  additional  six  months,  with  interest  after 
the  renewal,  the  sum  of  three  hundred  and  eighteen  thou- 
sand, seven  hundred  and  sixty-one  dollars,  in  Confed- 
erate States  Treasury  notes,  or  in  State  of  Georgia 
Treasury  Notes  of  the  new  issue,  being  for  part  purchase 
of  (1,650)  sixteen  hundred  and  fifty  bales  cotton. 

Savannah,  November  30th,  1864. 

(Signed)  H.  Brigham. 

(copy) 

$439,296.00.— On  or  before  the  first  day  of  June,  1865, 
I  promise  to  pay  to  the  order  of  Joseph  E.  Brown,  Gov- 
ernor of  the  State  of  Georgia,  with  the  privilege  of 
renewal  for  an  additional  six  months,  with  interest  after 
renewal,  the  sum  of  four  hundred  and  thirty-nine  thou- 
sand, two  hundred  and  ninety-six  dollars,  in  Confederate 
States  Treasury  notes,  or  in  State  of  Georgia  Treasury 
notes  of  the  new  issue,  being  in  part  purchase  of  (1,650) 
.sixteen  hundred  and  fifty  bales  cotton. 

Savannah,  November  30th,  1864. 

(Signed)  H.  Brigham. 


GO  Confederate    Records 

[Enclosure  No.  4.] 

Savannah,  September  9th,  1865. 

His  Excelleiicif  James  Johnson  : 

Provisional  Governor  of  Georgia : 

Sir  :  Mr.  Wilbur  writes  me  from  New  York,  relative 
to  an  interview  with  you  on  the  subject  of  a  quantity  of 
cotton  purchased  by  me  from  the  State  of  Georgia,  in 
November  last,  and  I  presume  he  gave  you  all  the  par- 
ticulars of  the  transaction. 

I  will  say,  that  the  purchase  was  made  in  perfect  good 
faith,  and  I  expected  to  have  been  able  to  place  the  funds 
in  Milledgeville  long  before  the  notes  became  due,  as  I 
had  quite  an  amount  in  Columbia  and  in  Augusta.  The 
occupation  of  the  roads  by  the  Union  army,  however, 
prevented  my  accomplishing  the  object,  as  I  was  not  per- 
mitted to  send  funds  or  letters  appertaining  to  business 
to  any  point  outside. 

I  made  every  effort  to  communicate  with  Governor 
Brown,  and  sent  specially  to  him  to  see  if  I  could  not 
arrange  the  matter  by  paying  in  sterling  at  a  rate,  as 
Confederate  money  had  become  so  nearly  worthless  that 
I  did  not  desire  to  offer  it  to  him,  and  I  have  not  pro- 
posed to  pay  in  this  kind  of  funds.  Now  my  position  is 
this:  After  the  Union  army  came  into  Savannah,  hear- 
ing not  a  word  from  Governor  Brown,  or  any  one  else, 
that  the  trade  was  not  satisfactory,  and  finding  that  the 
cotton  was  being  taken  away,  and  no  owner  allowed  to 
go  near  it,  or  to  know  when  and  by  what  vessel  it  was 
taken,  I  made  an  arrangement  (as  did  most  holders  of 
cotton  here)  with  parties  to  follow  it,  and  gave  them  the 
claim  to  collect  on  certain  conditions,  and  they  now  hold 


Provisional  Governor  James  Johnson  61 

my  power  of  attorney,  and  have  expended  some  money 
probably.    I  also  paid  some  insurance  and  other  expense. 

Had  I  known  that  there  was  any  hesitation  on  the 
part  of  Governor  Brown,  or  any  one  in  authority,  in  con- 
firming the  sale,  I  certainly  should  not  have  taken  any 
steps  to  recover  proceeds.  But  so  far  from  knowing 
anything  about  it,  I  became  satisfied  that  the  notes  had 
been  received,  and  supposed  all  to  be  satisfactory,  and 
I  never  heard  to  the  contrary  until  a  few  days  before 
Mr.  Wilbur  left  for  the  up-country  and  the  North. 

I  have  thus  stated  my  position,  and  I  desire  to  have 
a  perfect  understanding,  and  will  feel  obliged  if  you  will 
advise  me  what  you  desire  me  to  do  in  the  matter.  I 
would,  of  course,  not  propose  to  pay  in  Confederate 
money,  but  would  pay  an  amount  in  currency  and  settle 
the  matter,  if  agreeable  to  you. 

The  chances  for  recovering  the  cotton,  or  the  pay  for 
it,  are  not  very  promising,  and  I  regret  that  I  ever  made 
the  purchase. 

Hoping  that  you  will  favor  me  with  your  views  upon 
this  matter,  I  remain. 

Yours  truly, 

(Signed)  H.  Brigham. 

P.  S. — If  necessary,  I  will  try  and  come  to  Milledge- 
ville,  and  have  the  above  matter  fixed,  although  it  is  not 
convenient  to  leave  just  now.  H.  B. 


62  CONFEDEIIATE     RECORDS 

[Enclosure  No.  5.] 
MiLLEDGEviLLE,  October  30th,  1865. 

Bis  Eoccellency  James  Johnson: 

Provisional  Governor. 

Sir:  In  compliance  with  your  request,  I  have  the 
honor  to  hand  you  for  the  use  of  the  convention,  a  state- 
ment of  the  cotton  belonging  to  the  State,  which  was 
burnt  or  captured  by  the  Federal  authorities,  with  the 
time  and  place  of  capture  or  destruction,  together  with 
a  statement  of  the  consignments  of  the  cotton,  and  the 
drafts  made  on  the  assets  arising  from  its  sale. 

The  State  appropriated  the  money  to  purchase  the 
cotton,  and  the  money  was  drawn  from  the  Treasury 
upon  Executive  warrants,  by  the  purchasing  agents,  who 
receipted  for  it.  It  is  a  well  known  fact,  that  the  Gov- 
ernor can  take  no  money  from  the  Treasury.  When  an 
appropriation  is  made  by  the  Legislature,  he  can  draw 
his  warrant  in  favor  of  the  person  or  agent,  entitled  to 
receive  it,  and  the  person  in  possession  of  the  warrant, 
draws  the  money  giving  his  receipt  for  the  warrant.  It 
is  equally  true  that  when  public  money  is  paid  into  the 
Treasury,  of  made  subject  to  the  draft  of  the  Treasurer, 
it  cannot  be  taken  out,  except  upon  Executive  warrant 
under  an  appropriation  by  the  Legislature. 

If  then,  the  money  arising  from  the  sale  of  the  cotton 
abroad,  had  been  placed  to  the  credit  of  the  Treasurer, 
it  could  not  have  been  used  for  the  purchase  of  supplies, 
without  another  act  of  appropriation.  I  therefore 
directed  that  the  money  be  placed  to  my  credit  as  Gov- 
ernor of  Georgia,  when  I  ceased  to  be  Governor,  the 


Peovisional,  Governor  James  Johnson  63 

money,  if  not  drawn,  would  have  remained  to  the  credit 
of  my  successor.  This  I  thought  safer  than  to  have  it 
deposited  to  the  credit  of  an  agent  of  the  State,  who 
might  have  no  successor  in  office,  which  might  cause  em- 
barrassment in  drawing  upon  it.  I  make  this  state- 
ment in  response  to  that  part  of  the  resolution  of  the 
convention,  which  calls  for  information  on  this  point. 
And  I  will  here  add,  that  all  drafts  upon  the  State's 
funds  abroad,  have  been  made  in  my  name  as  Governor 
of  Georgia. 

The  report  made  to  the  General  Assembly  in  Novem- 
ber last,  showed  that  there  had  been  purchased  on  account 
of  the  State,  under  the  appropriations  prior  to  the  date 
of  the  report,  4,048  bales  of  upland,  and  383  bales  of 
Sea  Island  cotton. 

After  that  time,  and  prior  to  1st  March,  1865,  the 
State  agents  had  purchased  1,961  bales  more  of  upland. 
There  were  also  40  bales  purchased,  in  addition  to  the 
above  number,  which  were  not  paid  for,  owing  to  the 
fact,  that  it  was  found  to  have  been  packed  with  bad  cot- 
ton, and  other  material,  or  as  is  usually  said,  false 
packed.  The  owner,  after  this  was  discovered,  has  not 
so  far  as  I  know,  applied  for  pajTnent,  and  thus'  the 
matter  stands. 

The  aggregate  number  of  bales  purchased  is  6,049  of 
upland,  and  383  of  Sea  Island. 

This  cotton  has  been  disposed  of  as  follows :  Shipped 
to  Wilmington  to  George  Harriss,  State  agent,  3,581  bales 
of  upland  and  208  of  Sea  Island.  Of  this  1,2721/2  bales 
were  exported  through  the  blockade,  282yo  bales  upon  the 
steamer  Index,  under  control  of  the  Confederate  Gov- 
ernment, at   £40  sterling  per  ton,  for  freight    to    the 


64  Confederate    Records 

Islands,  in  consideration  that  the  State  would  sell  to  the 
Confederacy,  the  same  number  of  bales  at  what  it  had 
cost  her  to  lay  it  down  at  Wilmington,  making  the  whole 
cargo  of  the  vessels  565  bales;  one-half  for  the  State, 
and  one-half  for  the  Confederacy.  This  was  consigned 
by  direction  of  the  Confederate  officer  in  control,  to  Chas'. 
H,  Reid  &  Co.,  London. 

The  Messrs  Reid,  acknowledged  the  receipt  of  the 
cotton,  as  will  be  seen  by  the  annexed  copy  of  their  letter, 
and  authorized  me  to  draw  upon  it  for  £5,000.  This  was 
less  than  its  full  value,  and  I  afterwards  made  two  drafts 
upon  it  which  will  be  hereinafter  mentioned,  which  were 
both  protested  for  non-payment;  I  am  informed,  upon 
the  ground  that  they  claim  to  own  bonds  and  coupons  of 
the  State,  now  due,  to  an  amount  larger  than  the  sum 
due  for  the  cotton.  I  have  been  able  to  get  no  report  of 
the  amount  realized  by  them,  by  the  sale  of  the  cotton. 
The  other  990  bales,  which  were  acknowledged  by  him 
as  1,008  bales,  were  consigned  to  Henry  Laf  one,  of  Liver- 
pool, who  was  one  of  the  principal  owners  of  the  line  of 
steamers  chartered  by  the  State,  upon  which  the  cotton 
was  carried  out.  This  was  carried  out,  bale  for  bale,  to 
the  Islands.  As  will  appear  by  the  statement  below,  Mr. 
Lafone  has  refused  to  honor  a  large  part  of  the  drafts 
made  upon  him.  The  reason  assigned  by  him  is,  that 
the  State  is  indebted  to  him  upon  a  contract  made  with 
Colonel  Lamar,  who  was  the  agent  of  the  company  own- 
ing the  steamers,  and  the  principal  agent  of  the  State 
for  the  shipment  of  the  cotton,  for  the  value  of  the 
steamer  Florie,  which  was  lost  near  Charleston.  I  am 
fully  satisfied,  however,  that  he  is  neither  legally  nor 
equitably  entitled  to  payment  of  the  claim  set  up  by  him. 
It  is  said  the  company  lost  heavily  about  the  time  and 


Peovisional  Governor  James  Johnson  65 

before   our  armies  capitulated,  and  that  Mr.  Laf one's 
solvency  is  now  probably  questionable. 

As  above  stated,  1,2721/2  bales  of  the  3,581  shipped  to 
Mr.  Harriss,  were  exported,  and  2821/2  bales  sold  to  the 
Confederate  Government.  There  were  burnt  at  Flor- 
ence, South  Carolina,  about  the  5th  of  March  last,  where 
it  had  been  removed  for  safety,  when  Wilmington  was 
threatened  by  the  enemy,  1,440  bales  of  upland,  and  205 
of  Sea  Island,  by  order  of  Lieut.-Colonel  Williams,  the 
Confederate  officer  in  command,  under  the  circumstances 
detailed  by  Messrs.  Wing  and  Anderson,  the  conductors 
on  the  State  trains,  in  their  affidavits  hereunto  annexed. 

Three  hundred  and  sixty-one  bales  were  turned  over 
to  Mr.  L.  G.  Bowers,  in  pajmient  of  £1,675.10  shillings, 
due  the  steamers  for  freight  on  inner  cargoes,  leaving 
in  the  hands  of  Mr.  Harriss,  from  the  best  information  I 
have,  225  bales  of  upland,  and  three  of  Sea  Island,  when 
the  city  fell.  Of  this,  I  am  informed  193  bales  were  burnt 
by  our  own  troops,  at  the  time  of  the  evacuation  of  Wil- 
mingion,  and  32  bales  were  taken  by  the  Federal  au- 
thorities. 

As  Mr.  Harriss's  report  has  not  yet  reached  me,  I 
speak  from  information  which  I  believe  to  be  reliable. 
The  report  is  expected  by  every  express. 

There  were  purchased  by  the  agent  at  Savannah,  451 
bales  upland  cotton,  which  he  reports  disposed  of  as  fol- 
lows: Exported  from  the  coast  of  Georgia,  on  ditferent 
small  vessels,  189  bales,  of  which  58  were  lost  at  sea. 
Tliirty-seven  were  burnt  on  the  Atlantic  and  Gulf  Rail- 
road, in  April,  1864.  Three  were  stolen  from  the  ware- 
house and  four  were  destroyed  by  becoming  wet  on  board 
a  small  vessel  at  Savannah,  while  the  vessel  was  detained 


65  Confederate    Records 

by  the  Confederate  authorities,  who  refused  to  let  her 
leave  the  port.  Ninety-four  bales  were  sold  to  Mr.  H. 
Brigham,  in  the  lot  of  1,650  bales,  of  which  your  Excel- 
lency has  a  statement.  Captured  by  the  Federal  authori- 
ties at  Savannah,  when  General  Sherman  entered  the 
city,  124  bales,  for  which  warehouse  receipt  was  returned 
with  agent's  report,  submitted  to  the  General  Assembly 
in  November  last.  This  accounts  for  the  whole  number 
of  451  bales.  There  were  also  96  bales  of  the  vSea  Island 
cotton  above  mentioned,  in  charge  of  the  same  agent, 
which  he  retained  in  lieu  of  168  bales  upland  cotton  under 
his  control  in  Macon  and  Griffin,  belonging  to  the  Home 
Insurance  Company,  and  others,  which  were  taken  by 
the  agent  of  the  State  road  and  shipped  for  sale,  while 
the  road  was  purchasing  and  shipping  for  that  purpose, 
and  had  not  been  paid  for  when  the  Federal  army  inter- 
vened. 

This  96  bales  was,  however,  captured  and  carried 
away  by  the  Federal  authorities. 

There  were  in  possession  of  Colonel  C.  A.  L.  Lamar, 
agent  of  the  State,  for  exportation,  892  bales  of  upland, 
and  79  of  Sea  Island  at  Savannah.  Of  this,  832  bales  of 
Upland,  are  included  in  the  1,650  bales  sold  to  Mr.  Brig- 
ham,  by  Colonel  Wilbur,  which  Colonel  Lamar's  agent 
reported  to  Colonel  Wilbur,  as  in  danger  of  capture, 
when  General  Sherman  was  advancing.  The  other  60 
bales  of  Upland,  and  the  79  of  Sea  Island,  were  stored 
with  Mr.  Lamar's  cotton,  and  was,  I  am  informed,  car- 
ried away  by  the  Federal  authorities. 

In  this  connection,  I  think  it  proper  that  I  mention, 
that  Colonel  Lamar  was  not  then  in  Savannah,  and  never 
was  after  that  time.     He  was  killed  in  battle  at  Colum- 


Provisional  Governor  James  Johnson  67 

bus,  in  April  last.  He  had  made  no  written  report  to  me 
prior  to  the  sudden  termination  of  his  life,  which  has 
caused  some  embarrassment  in  getting  all  the  facts  nec- 
essary for  a  correct  report,  and  may  be  the  cause  of  some 
slight  inaccuracies.  It  is  believed,  however,  that  every 
statement  is  substantially  correct. 

Of  the  remainder  of  the  cotton,  617  bales  were  burnt 
at  Columbus,  when  General  Wilson  occupied  the  city  in 
April  last,  and  about  the  same  time  346  bales  were  burnt 
at  Butler,  by  the  troops  under  his  command.  The  ware- 
house receipts  for  these  lots  of  cotton,  are  in  the  hands 
of  the  State  agent,  subject  to  the  order  of  your  Excellency. 

Nine  bales  were  burnt  in  the  warehouse  of  Mr.  Beall, 
of  Augusta,  as  heretofore  reported. 

The  original  invoices,  and  all  the  papers  pertaining 
to  the  purchase  of  the  first  named  4,048  bales,  were  sub- 
mitted to  the  Legislature,  with  the  report  of  the  agents, 
made  last  November.  The  like  papers  relating  to  the 
1,961  bales,  purchased  since  that  time,  are  subject  to  the 
order  of  your  Excellency  or  the  Convention. 

In  addition  to  the  exportations  above  mentioned,  153 
bales  were  carried  out  for  the  State  of  Georgia,  upon  the 
steamer  "Little  Ada,"  which  was  so  long  blockaded  by 
both  Federal  and  Confederate  authorities,  in  one  of  the 
inlets  on  the  coast  of  South  Carolina. 

It  was  reported  to  me,  that  the  troops  located  at  the 
inlet,  where  the  steamer  lay,  had  cut  off  a  large  number 
of  the  ropes  from  the  cotton  for  halters,  which  caused  the 
cotton  to  reach  Nassau  in  bad  order.  One-half  the  whole 
cargo  of  the  vessel  was  finally  yielded  to  the  Confederate 
Government  before  the  steamer  was  permitted  to  clear, 
and  the  Confederate  agent  in  Nassau,  as  reported  to  me 


68  Confederate    Records 

by  Mr.  G.  B.  Lamar,  ordered  the  sale  of  the  cargo  at  that 
place  at  auction.  The  State's  part  of  the  cargo  brought 
£2,000  sterling,  which  Mr.  Lamar  informed  me  was 
placed  to  the  credit  of  the  State,  with  Mr.  Lafone. 

Recapitulation. 

Whole  number  of  bales  purchased  and  paid  for. 

Upland, 6,009 

Upland  not  paid  for 40 

Sea  Island  paid  for 383 


Disposed  of 

Exported  safely,  Upland 1,556 V2 

Lost  at  sea 58 

Sold  to  Confederate  Government 2821/2 

Used  in  payment  of  freights  on  imports. _  361 

Sold  to  Mr.  Brigham 926 

Burnt, 2,642 

Captured, 223 

6,049 

Sea  Island  burnt 205 

Sea  Island  captured 82 

Exchanged  and  lost  by 

owner,  96 


383 

There  were  also  purchased  for  the  State,  275  boxes  of 
tobacco,  which  was  shipped  to  Wilmington,  and  on  the 
approach  of  the  Federal  armies  removed  to  Timmons- 
ville.  South  Carolina,  where  the  Troops  of  General  John- 


Provisional.  Governor  James  Johnson  69 

ston's  army,  on  their  return  home,  took  possession  of  it, 
and  distributed  among  themselves  about  200  boxes.  The 
balance  is  reported  as  sold  by  the  conductors  in  charge 
of  the  trains',  and  used  to  make  repairs  upon  the  engines, 
and  to  subsist  upon,  etc.,  as  they  were  left  in  charge  of 
the  trains  after  the  surrender  of  our  armies,  without 
funds  which  they  could  use  for  their  support. 

Of  the  131  bales  exported  safely  from  the  coast  of 
Georgia,  bale  for  bale,  83  bales  were  consigned  to  Beach, 
Root  &  Co.,  of  Liverpool,  shipped  on  the  ' '  Mary  Agnes, ' ' 
and  25  bales  on  the  sloop  "Governor  Brown."  Part  of 
the  proceeds  of  this  cotton  was  due  them  for  freights 
imported  on  their  vessels,  for  the  State,  at  Wilmington, 
and  the  balance  has  been  drawn  upon,  to  meet  in  part, 
the  drafts  protested  on  Henry  Lafone.  I  have  not  re- 
ceived the  account  of  sales  and  account  current  from 
them.  I  saw  both  Mr.  Beach  and  Mr.  Root,  in  Atlanta, 
and  Mr,  Beach  stated,  that  it  would  be  sent  out  as  soon 
as  he  reached  Liverpool  on  his  return.  The  other  23 
bales  were  consigned  to  Messrs.  Johnson  and  Brother, 
at  Nassau,  and  the  proceeds  used  in  the  purchase  of 
blankets  and  expenses  for  storage,  etc.,  of  other  goods 
stored  by  them  for  the  State,  as  per  account  rendered. 

I  also  hand  you,  with  this  report,  the  sale  accounts  of 
the  cotton  consigned  to  Mr.  Lafone,  which  show  that  he 
sold  1,008  bales,  one-half  on  account  of  the  State,  and 
one-half  on  account  of  the  vessels.  The  net  proceeds  of  the 
State's  part  amounted  to  £18,746,  7  shillings  and  10  pence. 

The  following  are  the  drafts  made  by  me  on  funds 
abroad,  arising  from  the  proceeds  of  cotton,  which  have 
been  honored: 

In  favor  of  James  G.  Bailey,  of  Nassau, 


70  CONFEDEKATE     RECORDS 

on  Henry  Lafone,  to  pay  for  blan- 
kets, cotton  cards  and  freights, 
Aug.  23,  1864,  at  60  days £1,000 

September  29th,  1864,  at  30  days 1,000 

November  8th,  1864,  at  60  days 500 

November  8th,  1864,  at  60  days 2,000 

(See  his  account  current  herewith  transmitted.) 

In  favor  of  Andrew  Low  &  Co.,  Sept.  29, 
1864,  at  sight,  to  pay  expenses  of 
Col.  Wm.  Schley,  State  agent  to 
England, 625 

In  favor  of  E.  &  S.  L.  Waitzfelder,  of 
London,  Oct.  6th,  1864,  at  60  days, 
to  pay  on  account  of  soldiers'  cloth- 
ing, grey  cloth,  soldiers'  shoes, 
hats,  etc.,   4,000 

In  favor  of  W.  H.  Gilliland,  to  pay  freight 
on  one  shipment  of  cotton  cards, 
draft  dated  Jan.  5,  1865,  at  60  days      136     7s.  Id. 
Drafts  Protested  For  Non- Acceptance. 

January  12th,  1865,  at  60  days,  in  favor 
of  E.  &  S.  L.  Waitzfelder,  on  Henry 
Lafone,   £4,000 

February  14th,  1865,  at  40  days,  in  favor 

of  same,  on  same 3,850  lis.  4d. 

February  11,  1865,  at  60  days,  in  favor  of 

same,  on  same 2,263 

February  14,  1865,  on  Charles  H.  Reid  & 

Co.,  in  favor  of  same,  at  40  days__    3,747 


Provisional  Governor  James  Johnson  71 

May  9,  1865,  in  favor  of  same,  on  same, 

at  30  days 1,544    4s.  4d. 

These  drafts,  amounting  in  the  aggregate  to  £15,404 
15s.  8d.  in  favor  of  the  Messrs.  Waitzfelder,  of  London, 
were  drawn  in  payment  for  supplies  of  the  kind  above 
mentioned,  furnished  by  them,  and  have  been  protested 
for  non-acceptance,  on  the  grounds  already  mentioned 
in  this  report. 

The  only  other  draft  drawn  by  me  on  State  cotton 
abroad  was  on  Messrs'.  Beach,  Root  &  Co.,  as  above 
stated,  for  whatever  amount  the  cotton  in  their  hands 
may  net,  in  favor  of  said  E.  &  S.  L.  Waitzfelder,  to  pay 
as  far  as  it  will  go  on  the  protested  drafts.  It  is  sup- 
posed the  account  current  when  received,  will  show  about 
£1,400  paid  on  draft  by  them. 

I  believe  the  only  remaining  point  upon  which  the 
resolution  asks  information  is,  as  to  the  probable  value 
of  the  cotton  destroyed  and  captured.  Its  original  cost 
to  the  State  in  currency,  was  about  $1,500,000. 

As  above  stated,  926  bales  of  the  cotton  sold  by  Col. 
Wilbur,  State  agent,  to  Mr.  Brigham,  on  the  approach  of 
the  Federal  army,  were  purchased  under  the  appropria- 
tions. The  balance  of  the  1,650  bales  embraced  in  the 
sale,  to-wit. :  724  bales  belonged  to  the  Western  &  Atlan- 
tic Railroad.  For  a  full  statement  of  this  transaction, 
your  Excellency  and  the  convention  are  referred  to  my 
report  of  it  heretofore  made  at  your  request. 

It  will  also  be  seen  by  reference  to  the  affidavit  of  A. 
A.  Beall,  of  Augusta,  hereto  annexed,  that  351  bales  of 
cotton,  belonging  to  the  State  Road,  were  burnt  by  the 
military  authorities  of  the  Confederate  States,  at  Charles- 


72  Confederate   Records 

ton,  South  Carolina,  about  the  time  the  city  was  evac- 
uated by  our  troops. 

The  whole  amount  in  currency  drawn  from  the  Treas- 
ury by  the  Agents,  for  the  purchase  of  cotton  under  the 
different  appropriations  made  for  the  purchase  of  sol- 
diers clothing,  cotton  cards  and  such  other  supplies  as 
were  directed  to  be  imported,  was  $3,069,639.21.  Of  this 
sum,  $206,381.88  was  returned  to  the  Treasury  by  the 
agent,  and  $2,863,257.33,  was  expended  in  the  purchase 
of  the  cotton  and  tobacco  above  mentioned,  and  in  the 
payment  of  freights,  export  duties,  bagging  and  rope, 
compressing  cotton,  storage,  insurance,  drayage,  light- 
erage, commissions  and  other  incidental  expenses. 

As  the  Legislature  imposed  upon  me  the  heavy  and 
delicate  responsibility  of  purchasing  and  exporting  cot- 
ton, and  of  purchasing  and  importing  supplies,  I  have 
felt  that  justice  to  myself  required  that  I  should  not  con- 
fine this  report  to  the  points  upon  which  information  was 
asked  by  the  resolution  of  the  Convention,  but  that  I 
should  give  a  general  statement  of  the  amounts  expended 
for  the  cotton  and  tobacco,  the  quantity  purchased,  as 
well  as  the  quantity  destroyed,  and  the  disposition  made 
of  the  whole. 

The  unwise  and  rash  conduct  of  the  Confederate  mil- 
itary authorities  in  applying  the  torch  to  the  cotton,  and 
the  like  destruction  of  it  by  the  Federal  officers,  has 
caused  heavy  losses. 

This,  however,  was  one  of  the  results  of  the  war  which 
I  had  no  power  to  control, 

I  am,  very  respectfully, 

Your  obedient  serv^ant, 

Joseph  E.  Brown. 


Provisional.  Governor  James  Johnson  73 

I  beg  leave  to  add,  that  I  have  only  ascertained  the 
true  condition  of  some  of  the  matters  mentioned  in  this 
report  within  the  last  few  days ;  hence  they  have  not  been 
communicated  to  you  at  an  earlier  period. 

J.  E.  B. 


TUESDAY,  OCTOBER  31st,  1865. 

The  following  message  was  transmitted  to  the  con- 
vention, to-wit. : 

Executive  Office, 

Provisional  Governor  of  Georgia, 

MiLLEDGEviLLE,  Octobcr  31,  1865. 

Gentlemen  of  the  Convention:  I  have  the  honor 
herewith  to  transmit  to  you  copies  of  telegrams  sent  by 
me  on  Friday  last  to  the  Secretary  of  State  and  His  Ex- 
cellency, the  President  of  the  United  States. 

These  telegrams  and  the  replies  to  them,  before  com- 
municated, exhibit  all  the  official  intercourse  I  have  had 
with  the  government  or  any  of  its  officers  in  relation  to 
the  debt  of  Georgia. 

James  Johnson, 

Provisional  Governor  of  Georgia. 


74  Confederate   Kecoeds 

(Copy  of  Telegram.) 

To  Hon.  Wm.  H.  Seward, 

Secretary  of  State,  Washington,  D.  C. 

We  are  pressed  on  the  war  debt.  What  should  the 
convention  do? 

James  Johnson, 

Governor,  etc. 

(Copy  of  Telegram.) 

To  His  Excellency, 

Andrew  Johnson,  President  United  States, 

Washington,  D.  C. 

We  need  some  aid  to  reject  the  war  debt.  Send  me 
some  word  on  the  subject.  What  should  the  convention 
do? 

James  Johnson, 

Provisional  Governor  of  Georgia. 

Executive  Office, 

Provisional  Gov't  of  Georgia, 

Milledgeville,  October  31,  1865. 

Upon  the  recommendation  and  appointment  of  J.  C. 
Wells  as  Ordinary  of  the  County  of  Clay  to  fill  the  unex- 
pired term  of  J.  H.  Jones,  deceased,  it  is 

Ordered,  That  a  commission  issue  in  the  usual  form 


Provisional  Governor  James  Johnson  75 

to  said  Wells  to  fill  the  same  upon  compliance  with  the 
requisition  of  the  statute  in  such  case  made  and  pro- 
vided. 

James  Johnson, 
Provisional  Governor  of  Georgia. 


WEDNESDAY,  NOVEMBER  1st,  1865. 

Executive  Office, 
Provisional  Gov't  of  Georgia, 
Milledgeville,  November  1,  1865. 

Commissions  having  heretofore  issued  to  Abraham 
McCullogli  and  E.  Everett,  and  not  having  been  received, 
it  is  hereby 

Ordered,  That  new  commissions  issue  in  lieu  of  the 
original. 

James  Johnson, 

Provisional  Governor  of  Georgia. 


76  CONFEDEEATE     ReCOEDS 

THUESDAY,  NOVEMBEE  2nd,  1865. 

Executive  Office, 
Peovisional,  Gov't  of  Georgia, 

November  2d,  1865. 

It  is  hereby  ordered,  That  the  Comptroller-General 
and  Treasurer  of  the  State  furnish  this  office,  at  as  early 
a  date  as  practicable,  all  information  which  they  possess 
touching  certain  matters  and  things  enquired  of  by  the 
convention  by  a  resolution  this  day  passed  by  them. 

James  Johnson, 

Provisional  Governor  of  Georgia. 

Executive  Office, 
Provisional  Gov't  of  Geoegia, 
Milledgeville,  November  3,  1865. 

Whereas,  The  undersigned,  as  Provisional  Governor 
of  the  State  of  Georgia,  has  been  authorized  to  negotiate 
certain  loans  of  money  for  the  use  of  the  State  by  virtue 
of  an  ordinance  of  the  convention  of  the  State  adopted 
on  the  first  day  of  November  A.  D.,  1865,  entitled  as  fol- 
lows: 

''An  ordinance  to  request  and  authorize  the  Provis- 
ional Governor  to  borrow,  on  the  credit  of  this  State,  a 
sufficient  sum  of  money  to  pay  what  may  be  due  on  the 
civil  list,  and  what  may  become  due  thereon,  until,  by 
the  collection  of  taxes,  the  State  may  dispense  with  loans ; 
and  to  extend  the  power  to  the  Governor  to  be  elected 
by  the  people  in  a  certain  contingency." 


Provisional,  Governoe  James  Johnson  77 

It  is  ordered,  That  the  Honorable  John  P.  King,  of 
the  city  of  Augusta  in  this  State,  be,  and  he  is  hereby  ap- 
pointed agent  for  the  purposes  in  said  ordinance  set 
forth,  and  he  is  hereby  fully  authorized  and  empowered 
to  negotiate  said  loan  or  loans  subject  to  the  conditions 
therein  stated,  on  such  terms  and  in  such  manner  as  in 
his  discretion  may  be  most  conducive  to  the  best  interest 
of  the  State.  And  I  do  hereby  confirm  and  ratify,  in 
advance,  all  such  agreements  and  arrangements  as  he 
may  make  in  the  discharge  of  his  agency  aforesaid. 

Given  under  my  hand  and  seal  of  the  Executive  De- 
partment, the  day  and  year  above  mentioned. 

■  James  Johnson, 

Provisional  Governor  of  Georgia. 

By  the  Governor, 

L.  H.  Briscoe, 

Secretary, 


SATURDAY,  NOVEMBER  4th,  1865. 

Executive  Office, 
Provisional  Gov't  of  Georgia, 
MiLLEDGEviLLE,  Novcmbcr  4,  1865. 

Ordered,  That  the  several  persons  hereinafter  named 
be,  and  they  are  hereby,  appointed  Commissioners  of 
Deeds  for  the  State  of  Georgia  in  the  several  States  and 
cities  in  which  they  respectively  reside,  with  full  power 


78  Confederate   Records 

and  authority  to  act  in  all  such  matters  as  by  the  laws 
in  force  they  are  authorized  to  do  by  reason  of  their 
official  capacity  aforesaid,  and  that  coinmissions  in  usual 
form  issue  to  each,  to  remain  in  force  during  good  be- 
havior or  until  vacated  by  competent  authority,  viz. : 

Name.  City  and  State. 

John  McClaren Philadelphia,  Pennsylvania. 

L.  W.  Sloat New  York,  New  York. 

Sidney  T.  Douglass Mobile,  Alabama. 

Henderson  A.  Morse New  Orleans,  Louisiana. 

S.  H.  Sweatland Washington,  D.  C. 

L.  H.  Briscoe, 
Secretary. 


MONDAY,  NOVEMBER  6th,  1865. 

Executive  Office, 
Provisional,  Gov't  of  Georgia, 
Milledgeville,  November  6,  1865. 

The  following  message  was  transmitted  to  the  con- 
vention, to-wit. : 

Gentlemen  of  the  Convention:  Upon  being  notified 
of  the  passage  of  your  resolution  of  inquiry  of  the  2d 
instant,  I  directed  the  Comptroller  and  Treasurer  to  re- 
j)ort  to  me  all  the  information  they,  or  either  of  them. 


Provisional  Governor  James  Johnson  79 

had  in  their  possession  touching  the  matters  therein  con- 
tained. 

These  reports*  have  been  furnished  me,  and  are  here- 
with communicated.  It  is  proper  to  add  that  I  have  no 
personal  knowledge  of  any  of  the  transactions  alluded 
to,  and  that  all  the  information  now  at  my  control  has 
been  furnished. 

James  Johnson, 

Provisional  Governor  of  Georgia. 

*  [Enclosure  No.  1.] 

Treasury  of  Georgia, 
MiLLEDGEViLLE,  November  3,  1865. 

To  His  Excellency  James  Johnson, 

Provisional  Governor  of  Georgia. 

Sir:  In  compliance  with  an  executive  order  dated 
yesterday,  I  herewith  submit  my  answers  to  certain  en- 
quiries addressed  to  you  by  a  resolution  of  the  conven- 
tion now  in  session. 

To  the  enquiry  as  to  how  much  money  has  been  drawn 
from  the  treasury  for  the  purchase  of  cotton  and  tobacco, 
the  answer  will  be  found  in  a  transcript  of  the  warrant 
book  in  this  office  hereto  attached,  which  should  agree 
with  the  report  of  the  Comptroller-General  and  the  books 
of  the  financial  Secretary  of  the  Executive  Department; 
and  which  shows  for  what  these  warrants  were  drawn 
and  to  whom  they  were  paid.  They  were  signed  by  the 
Governor  upon  authority  of  acts  of  the  Legislature ;  were 
approved  by  the  Comptroller-General  whose  duty  it  is  to 


80  Confederate    Records 

keep  the  accounts  of  the  different  appropriations  and  see 
that  the  funds  of  the  State  are  not  misapplied.  I  have  no 
recollection  of  the  funds  they  were  paid  in,  though  I  think 
mostly  in  Confederate  Treasury  Notes,  except  when  they 
were  presented  at  a  time  when  I  had  no  Confederate 
Notes  in  the  treasury;  in  which  case  I  was  authorized 
and  required  by  law  to  pay  the  notes  of  the  State  issued 
to  meet  any  deficiency  that  might  arise  in  funds  to  pay 
the  appropriations  of  the  Legislature.  Having  seen  no 
necessity  for  it  and  not  being  required  by  law  to  keep  a 
record  of  the  amounts  of  different  kinds  of  notes  paid 
out,  I  have  not  done  so  and  have  no  reliable  recollection 
about  the  matter.  I  do  not  know  that  it  is  expected  of 
me  to  answer  the  questions  as  to  how  the  agents  of  the 
State  disposed  of  the  money  entrusted  to  them;  what 
they  bought  with  it,  at  what  price  or  what  became  of  it ; 
and  I  hope  my  answer  will  not  be  considered  curt  or  dis- 
respectful when  I  say  I  do  not  know  and  have  no  means 
of  knowing.  I  suppose  their  accounts  were  rendered  to 
the  Governor,  or  will  be  to  the  Legislature.  How  many 
agents  or  sub-agents  or  other  persons  may  have  been 
employed  in  the  disbursement  of  money  on  account  of 
the  State,  drawn  from  the  treasury,  how  much  cotton  or 
tobacco  was  bought  or  sold,  the  prices  paid,  in  what  cur- 
rency or  what  was  done  with  it,  or  became  of  it,  I  have 
no  means  whatever  of  knowing.  The  State  Treasury 
Notes  of  all  kinds'  were  printed  under  the  supervision 
and  prepared  for  issue  in  the  office  of  the  Comptroller- 
General;  when  ready  for  issue  they  were  turned  over  to 
me  and  I  gave  my  receipts  to  him  for  them  as  follows : 

Of   notes   payable    in   eight   per   cent. 

bonds   or  specie $         3,758,000.00 


PeO VISIONAL,   GOVERNOB   JaMES    JoHNSON  81 

Of  bonds  payable  in  six  per  cent,  bonds 

or  specie, •         4,800,000.00 

Of  notes  payable  in  Confederate  Treas- 
ury Notes,  8,165,000.00 

Of  change  bills  payable  in  Confederate 

Treasury  Notes, 1,463,192.00 

Making  in  all  issues  the  sum  of $       18,186,192.00 

Of  these  there  have  been  redeemed  and 

burned,   2,993,500.00 

And  of  these 465,416,115.00 


3,458,916.15 

Leaving  yet  outstanding  (except  about  $80,000  now 
in  the  treasury.)  After  the  issue  of  these  notes  was 
ordered  by  the  Legislature,  (I  mean  the  issue  of  the 
eight  per  cent.)  and  before  they  could  be  prepared,  there 
was  considerable  opposition  to  them  in  commercial  cir- 
cles ;  most  capitalists  having  desired  the  issue  of  bonds 
by  the  State  which  would  begin  to  pay  interest  at  the 
moment  of  investment,  while  these  notes  would  produce 
none  until  six  months  after  the  termination  of  the  war. 
It  was  even  intimated  that  some  influential  banks  would 
not  receive  them  on  deposit ;  of  course  the  city  merchants 
as  well  as  those  from  the  country  towns  corresponding 
with  them  became  shy  and  the  people  who  have  their 
judgment  of  money  almost  always  formed  or  controlled 
by  the  banks,  handled  them  with  cautious  reserve ;  at  this 
juncture  when  the  State  was  pressed  for  the  want  »,f 
money  to  meet  the  extraordinary  and  daily  calls  upon 
the  treasury.  Governor  Brown  and  a  number  of  patriotic 
citizens  advanced  their  private  funds  to  the  State,  tak- 


82  Confederate    Records 

ing  the  certificates  of  the  treasurer  conditioned  to  be  paid 
in  State  Treasury  Notes  when  issued,  I  think  the  amount 
thus  advanced  by  Governor  Brown  of  his  own  funds  as 
well  as  of  others,  and  as  trustee  for  his  children  (as  I 
understood)  was  upwards  of  three  hundred  thousand 
dollars.  The  certificates  were  taken  up  as  soon  as  the 
notes  were  ready,  and  perhaps  it  would  not  be  improper 
to  notice  that  then  they  not  only  commanded  no  premium 
but  were  not  as  favorably  received  as  the  notes  of 
the  Confederacy,  which  were,  I  think,  just  making 
their  appearance.  Before  the  amounts  thus  advanced 
were  exhausted,  many  of  the  banks  changed  their  policy 
and  notified  the  Governor  that  large  amounts  would  ba 
placed  on  their  books  to  the  credit  of  the  State  and  sub- 
ject to  the  checks  of  the  Treasurer,  and  that  they  would 
receive  the  treasury  notes  of  the  State  when  issued  in 
payment  of  these  accommodations.  For  this  timely  aid 
Georgia  owes  a  debt  of  gratitude  she  can  not  repay  to 
the  late  R.  R.  Cuyler,  President  of  the  Central  Railroad 
Bank,  whose  patriotic  and  efficient  efforts  in  her  behalf 
and  unhesitating  and  important  aid  whenever  asked, 
ceased  only  with  his  valuable  life.  But  one  pace  behind 
him,  ever  ready  to  support  him  in  his  noble  work  as  well 
by  his  own  example  as  by  his  exhortations  and  appeals 
to  others,  stood  G.  B.  Lamar,  President  of  the  Bank  of 
Commerce.  This  action  of  the  banks  becoming  known, 
many  other  citizens  came  forward  with  what  capital  they 
could  control  and  asked  to  be  allowed  to  exchange  for  the 
State  notes.  Without  hesitation  I  granted  their  requests. 
These  amounts  ranged  from  a  few  dollars  to  hundreds 
and  thousands.  Toward  the  winter  of  1862,  the  notes  of 
the  State  began  to  be  considered  as  safe,  if  not  safer  than 
those  of  the  Confederacy,  and  this  became  so  apparent 


Provisional  Governor  James  Johnson  83 

that  at  the  session  of  1862,  a  resolution  was  introduced 
in  the  Senate  authorizing  the  Governor  to  sell  the  State 
notes  at  such  premium  as  they  might  command  for  the 
benefit  of  the  State.  This  resolution,  as  is  shown  by  the 
journal  of  the  Senate,  was  twice  up  for  discussion.  In 
debate  it  was  opposed  strongly  on  the  ground  that  such 
action  would  tend  to  depreciate  the  notes  of  the  Confed- 
eracy and  that  it  was  neither  wise  nor  patriotic  to  admit 
of  any  distinction  between  those  and  the  notes  of  the 
State;  at  its  second  discussion  it  was  laid  on  the  table  for 
the  present,  and  it  was  never  afterwards  acted  on,  the 
effect  was  to  show  that  the  Legislature  desired  no  dif- 
ference to  be  made  or  countenanced  by  any  officer  of  the 
State.  Under  this  action  of  the  Legislature  I  did  not  feel 
authorized  to  make  any  distinction  between  State  and 
Confederate  notes;  but  paid  them  out  in  terms  of  the  law 
whenever  there  was  not  a  sufficiency  of  other  money  in 
the  treasury  to  meet  the  appropriations  of  the  Legisla- 
ture. By  another  Act  of  the  legislature,  executors, 
administrators,  guardians  and  trustees  were  authorized 
to  invest  in  State  securities.  These  notes  being  to  all 
intents  and  purposes  certificates  to  the  amount  of  their 
face  that  the  State  would  issue  her  bonds  for  their  re- 
demption at  the  end  of  the  war,  I  have  had  no  hesita- 
tion (before  so  great  a  discount  grew  up  on  Confederate 
Notes)  in  making  exchanges  with  persons  whom  I  had  a 
right  to  deem  reliable  when  they  assured  me  that  they 
desired  them  for  the  investment  of  estate  funds.  In 
other  instances  and  within  the  first  year  or  eighteen 
months  after  their  issue,  I  have  felt  warranted  and  that 
the  State  was  not  wronged  thereby,  in  exchanging  with 
other  persons  of  probity  and  honor,  upon  their  assurance 
to  me  that  they  desired  them  for  investment,  not  specula- 


84  CONFEDEKATE     ReCORDS 

tion.  I  may  have  ignored  the  difference  between  them 
too  long,  but  I  had  the  same  feeling  as  that  exhibited  by 
the  Legislature  and  in  that  spirit  treated  Confederate 
notes  as  on  a  par  with  our  own,  longer  than  I  ought. 
Since  the  depreciation  of  Confederate  notes,  I  have, 
when  desired,  paid  out  State  notes  to  salaries  of  the 
civil  list  and  employees  of  the  State,  several  times  to 
Commissaries  and  Quartermasters  for  purchase  of  sup- 
plies, when  it  was  represented  to  me  thai  much  better 
bargains  could  be  made  by  paying  in  these  notes ;  to  the 
distribution  of  the  indigent  soldiers'  family  fund;  to  the 
Hospital  and  Relief  Association;  and  some  times  when 
there  were  no  other  funds  in  the  treasury  or  not  enough 
to  meet  the  drafts  presented,  I  have  paid  them  to  private 
persons.  The  members  and  officers  of  the  Legislature 
have  been  paid  in  State  notes  ever  since  the  Confederate 
notes  showed  a  serious  depreciation;  and  later  when  it 
was  plainly  manifest  that  their  pay  and  mileage,  even  in 
State  eight  per  cents  would  not  pay  their  expenses,  in 
consequence  of  the  extraordinary  rates  of  board  and 
travel,  I  have  under  the  instruction  of  the  Governor  per- 
mitted them  to  exchange  (for  two  or  three  sessions  past) 
from  two  to  four  hundred  dollars  of  Confederate  notes 
for  the  same  amount  of  State  notes  to  enable  them  to 
meet,  by  their  sale,  their  reasonable  expenses. 

Under  the  policy  adopted  by  the  Legislature  of  pay- 
ing the  salaries  of  public  officers  in  State  notes,  I  have 
always  let  them  have  that  class  of  notes  when  I  had  them 
on  hand,  occasionally,  however,  when  it  happened  that  I 
had  no  State  notes  when  their  warrants  were  presented, 
I  have  paid  them  in  Confederate  notes  and  allowed  them 
to  return  them  and  get  State  notes  when  I  had  them  in 
the  treasury.     These  exchanges,  however,  amounted  to 


Provisional,  Governor  James  Johnson  85 

only  a  few  thousand  dollars,  but  as  I  have  before  stated, 
no  records  or  even  memoranda  were  kept  of  them,  and 
I  can  not  pretend  to  give  the  amount  of  the  money  ad- 
vanced or  loaned  by  the  banks  and  others,  amounting  to 
over  three  millions  of  dollars  to  be  paid  in  State  notes. 
I  think  it  due  to  the  lenders  to  observe  that  they  demanded 
no  interest,  and  the  notes  now  held  by  them  are  mere  cer- 
tificates of  indebtedness  which  can  draw  no  interest  ac- 
cording to  their  face,  until  six  months  after  the  end  of 
the  war.    All  which  is  respectfully  submitted. 

Jno.  Jones, 

Treasurer. 

[Enclosure  No.  2.] 

Comptroller-General  's  Office, 
Milledgeville,  Ga.,  November  4,  1865. 

His  Excellency,  James  Johnson,  Provisional  Governor. 

Sir:  Your  communication  of  the  2d  inst.,  asking  for 
information  of  the  Comptroller-General  and  Treasurer, 
accompanied  by  a  resolution  from  the  convention,  calling 
upon  your  Excellency  for  information  upon  various  sub- 
jects has  been  received,  and  in  response,  I  have  the  honor 
to  report,  that  I  can  only  give  you  information  upon  two 
subjects  embraced  in  that  resolution,  and  they  are  1st 
as  to  number,  date  and  amount  of  executive  warrants 
drawn  upon  the  treasury,  and  in  whose  favor  drawn,  for 
the  purchase  of  cotton  for  the  State;  and  2d,  as  to  the 
amount  of  State  money,  or  Georgia  treasury  notes  and 
change  bills  paid  into  the  treasury  since  the  commence- 
ment of  the  war,  when  so  paid  in,  and  by  whom  paid  in, 


86  Confederate    Records 

etc.  Upon  examining  the  books  in  this  office,  I  find  that 
the  following  warrants  were  drawn  to  purchase  cotton 
and  other  productions  for  the  State,  as  authorized  by 
the  Acts  of  the  Legislature: 

On  Soldiers  Clothing  Fund,  1864. 

Warrant  No.  571  February  11th,  1864  Cen- 
tral Railroad  Co.,  for  freight. 

Warrant  No.  571,  February  11,  1864,  on  183 
bales  of  cotton  from  Macon  to  Au- 
gusta,     $  640.50 

Warrant  No.  590,  Feb.  19,  1864,  L.  Waitz- 
felder,  Agt.,  to  pay  for  cotton  for  the 
State, * 500,000.00 

Warrant  No.  632,  March  2,  1864,  A.  Wil- 
bur, Agt.,  to  purchase  cotton 100,000.00 

Warrant  No.  640,  March  9,  1864,  John 
Jones,  Jr.,  advanced  by  order  of  Gov. 
to  Gans  &  Co.  to  purchase  cotton  for 
State, 120,000.00 

Warrant  No.  678,  March  31,  L.  Waitzfel- 
der,  Agt.,  to  purchase  cotton  for  the 
State, 200,000.00 

Warrant  No.  682,  April  1,  1864,  L.  Waitz- 
felder,  Agt.,  to  purchase  cotton  for 
the  State,  30,000.00 

Warrant  No.  861,  May  11,  1864,  L.  Waitz- 
felder,  Agt.,  to  purchase  cotton  for 
the  State, 100,000.00 


Peovisional  Governor  James  Johnson"  87 

Warrant  No.  979,  June  18,  1864,  A.  Wil- 
bur, Agt.,  to  purchase  cotton  for  the 
State, 32,000.00 

Warrant  No.  980,  June  18,  1864,  L.  Waitz- 
felder,  Agt.,  to  purchase  cotton  for 
the  State,  186,370.11) 

$1,269,010.60 

On  Fund  Appropriated  For  the  Exportation  of  Cotton. 

Warrant  No.  150,  January  20,  1865,  L. 
Waitzfelder,  Agt.,  to  purchase  cotton 
for  the  State $    700,000.00 

Warrant  No.  390,  March  7,  1865,  L.  Waitz- 
felder, Agt.,  to  purchase  cotton  for 
the  State, 200,000.00 

Warrant  No.  480,  March  22,  1865,  L.  Waitz- 
felder, Agt.,  to  purchase  cotton  for 
the  State, 250,000.00 

$1,150,000.00 

On  Cotton  Card  Appropriation. 

Warrant  No.  710,  April  19,  1864,  L.  Waitz- 
felder, Agt.,  to  purchase  cotton  for 
the  State, $    400,000.00 

Warrant  No.  933,  June  1,  1864,  L.  Waitz- 
felder, Agt.,  to  purchase  cotton  for 
the  State, 500,000.00 


88  Confederate    Eecords 

Warrant  No.  980,  June  1,  1864,  L.  Waitz- 

felder,  Agt.,  to  purchase  cotton  for 

the  State, 100,000.00 


$1,000,000.00 


These  warrants  were  drawn  by  the  Governor  on  the 
treasury  in  favor  of  the  parties  above  named,  and  have 
heretofore  been  reported  to  the  Legislature  in  my  an- 
nual reports  of  1864,  page  78,  79  and  80,  and  1865,  page 
76. 

In  relation  to  the  Georgia  treasury  notes  and  change 
bills  paid  into  the  treasury,  I  have  further  to  report  that 
what  are  called  eight  per  cent,  treasury  notes,  were  as 
per  certificates  of  the  Treasurer,  paid  into  the  treasury 
as  follows: 

Eight  Per  Cent. 

Dated  January  15,  1862,    Received  into  the 

Treasury  April  9,  1862 $      25,000.00 

Dated  January -15,  1862.    Received  into  the 

Treasury  April  14,  1862 25,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  April  18,  1862 25,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  April  19,  1862 25,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury,  April  23,  1862_. 50,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  April  30,  1862 500,000.00 


Peovisional  Governor  James  Johnson  81) 

Dated  January  15,  1862.    Received  into  the 

Treasury  May  20,  1862 1,050,000.00 

Dated  January  15,  1862.    Received  into  tlie 

Treasury  July  23,  1862 365,000X0 

Dated  January  15,  1862.    Received  into  the 

Treasury  August  30,  1862 255,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  January  21,  1863 30,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  February  28,  1863 453,000.r'0 

Dated  January  15,  1862.    Received  into  the 

Treasury  March  31,  1863 200,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  April  30,  1863 80,000.00 

Dated  January  15,  1862.    Received  into  the 

Treasury  May  30,  1863 150,000.00 

Dated  January  15,  1862.  Received  into  the 

Treasury  June  30,  1863 100,000.00 

Dated  January  15,  1862.  Received  into  the 

Treasury  July  31,  1863 255,000.00 


$3,588,000.00 


Dated  January  15,  1865.     Received  into  the 

Treasury  March  31,  1865 170,000.00 


$3,758,000.00 


It  will  be  seen  that  while  all  these  notes  are  dated  on 
their  face,  on  the  same  day  (except  $170,000  of  those 
issued  to  pay  the  members  and  officers  of  the  last  Leg- 


90  CONFEDEKATE     RECORDS 

islature  and  the  salaries  of  other  civil  officers  of  the 
State)  yet  they  were  paid  into  the  treasury  at  different 
times  as  they  were  needed.  As  the  Acts  of  1864  required 
the  Treasurer  to  pay  the  members  and  officers  of  the  Leg- 
islature in  State  treasury  notes  of  the  class  issued  under 
Act  of  14th  December,  1861,  and  as  none  of  said  notes 
were  engraved  or  in  the  Treasury,  I  intended  to  have 
them  all  engraved  as  those  issued  in  1862,  with  date, 
vignetts  and  all,  but  the  engraver  had  not  the  materials 
to  so  print  the  $50  bills,  and  as  their  appearance  was 
different  from  the  $50 's  issued  in  1862,  they  and  the  $5 
bills  issued  for  the  same  purpose  were  dated  15th  Jan- 
uary, 1865. 

Under  Act  of  14th  December,  1863,  $1,005,000  of  the 
above  notes  have  been  cancelled  and  burned,  and  treas- 
ury certificates  of  deposit  issued  for  the  same,  binding 
the  State  to  the  same  obligations  it  assumed  on  the  face 
of  the  treasury  notes,  consequently  the  burning  of  these 
notes  did  not  decrease  the  liabilities  of  the  State. 

What  are  called  the  six  per  cent,  treasury  notes  were, 
as  per  certificates  of  the  treasury  paid  into  the  treasury 
as  follows: 

Six  Pee  Cent. 

Dated  Feb.  1,  1863.     Paid  into  the  Treasury 

February  28,  1863 $     500,000.00 

Dated  Feb.  1,  1863.     Paid  into  the  Treasury 

March  31,  1863 800,000.00 

Dated  Feb.  2,  1863.     Paid  into  the  Treasury 

April  30,  1863 300,000.00 


Peovisional,  Governob  James  Johnson  91 

Dated  Feb.  2,  1863.     Paid  into  the  Treasury- 
May  30,  1863 800,000.00 

Dated  Feb.  2, 1863.    Paid  into  the  Treasury 

June  30,  1863 170,000.00 

Dated  Feb.  2,  1863.    Paid  into  the  Treasury 

August  31,  1863 430,000.(X) 

Dated  Feb.  2,  1863.     Paid  into  the  Treasury 

Sept.  30,  1863 1,000,000.00 

Dated  Feb.  2,  1863.     Paid  into  the  Treasury 

Dec.  31,  1863 500,00000 

Dated  Feb.  2,  1863.     Paid  into  the  Treasury 

Feb.  18,  1864 300,000.(;0 

$  4,800,000.00 

$445,000  of  these  notes  have  also  been  cancelled  and 
burned,  and  treasury  certificates  of  deposit  given  for  the 
same.  What  are  called  the  currency  treasury  notes,  or 
notes  redeemable  in  Confederate  treasury  notes  and  pub- 
lic dues,  were,  as  per  certificates  of  the  Treasurer,  paid 
in  as  follows: 

TREASURY  NOTES  DUE  IN  CONFEDERATE 
TREASURY  NOTES  OR  PUBLIC  DUES. 

Dated  April  6, 1864.     Paid  into  the  T'reasury 

April  30,  1864 $2,080,000.00 

Dated  April  6, 1864.    Paid  into  the  Treasury 

May  31,  1864 2,430,000.00 

Dated  April  6, 1864.     Paid  into  the  Treasury 

June  30,  1864 2,500,000.00 


92  Confederate    Records 

Dated  April  6, 1864.     Paid  into  the  Treasury- 
July  30,  1864 1,040,000.00 

Dated  April  6, 1864.     Paid  into  the  Treasury- 
August  30,  1864 45,000.00 

Dated  March  20,  1865  (under  Act  of  1864), 

Paid  into  the  Treasury  May  8,  1865_         70,000.00 

$  8,165,000.00 
Redeemed  and  burned 2,993,500.00 

Leaving  outstanding  $  5,171,500.C0 

The  State  change  bills  were,  as  per  certificates  of  the 
Treasurer,  paid  into  the  treasury  as  follows: 

April,  1863.     Paid  into  the  Treasury $  62,270.00 

May,  1863.     Paid  into  the  Treasury 102,350.00 

June,  1863.     Paid  into  the  Treasury 80,605.00 

July,  1863.     Paid  into  the  Treasury 53,470.00 

August,  1863.     Paid  into  the  Treasury 89,925.00 

September,  1863.     Paid  into  the  Treasury.  53,350.00 

Oct.  15,  1863.     Paid  into  the  Treasury 31,690.00 

Oct.  30,  1863.     Paid  into  the  Treasury 73,750.00 

Nov.  30,  1863.     Paid  into  the  Treasury 54,250.00 

Feb'y,  1864.     Paid  into  the  Treasury 134,625.00 

April,  1864.     Paid  into  the  Treasury 292,282.00 

May,  1864.     Paid  into  the  Treasury 28,250.00 

July,  1864.     Paid  into  the  Treasury 114,000.00 

August,  1864.     Paid  into  the  Treasury 171,375.00 


Provisional  Governor  James  Johnson  93 

Oct.,  1864.     Paid  into  the  Treasury 69,250.00 

April,  1865.     Paid  into  the  Treasury 15,250,00 

May,  1865.     Paid  into  the  Treasury 36,500.00 

$  1,463,192.00 
Redeemed  and  burned  465,416.15 

Leaving  outstanding  $    997,775.85 

Although  the  certificates  of  the  Treasurer  show  tbe 
payments  as  above,  yet  the  same  do  not  show  the  precise 
time  at  which  all  of  these  notes  were  paid  in,  because,  to 
avoid  frequent  entries  of  small  amounts  on  the  books  of 
the  Treasurer  and  Comptroller-General's  offices,  semi- 
official or  temporary  receipts  were  given  by  the  Treas- 
urer for  these  notes,  as  they  were  ready  for  issue,  and 
deposited  in  the  treasury,  and  then  at  a  certain  time,  or 
after  he  had  received  a  large  amount,  he  would  then  give 
the  usual  certificates  for  the  total  amount  received  to 
date,  and  upon  this  certificate  he  was  charged  on  the 
journal  and  ledger  in  this  office  for  the  same.  Again,  in 
one  or  two  instances  the  Treasurer,  although  having 
given  his  semi-official  receipt  for  notes  received,  did  not 
give  the  usual  certificates  until  sometime  after  they  were 
received.  For  instance,  although  the  $170,000  issued  to 
pay  the  members  and  officers  of  the  Legislature,  and 
other  civil  officers  of  the  State,  was  turned  over  to  hira 
about  the  1st  of  February,  to  enable  him  to  settle  with 
the  members  and  officers  of  the  Legislature  and  others 
at  Macon,  yet  he  did  not  give  the  usual  certificates  for 
the  same  until  after  his  return  to  Milledgeville  in  March. 
And  again,  although  the  amount  of  change  bills  paid  into 


04  Confederate    Records 

the  treasury  as  per  certificate  in  April  was  turned  over  to 
the  Treasurer  in  November,  and  semi-official  receijjts 
taken  until  more  were  issued,  yet  in  consequence  of  tlie 
breaking  up  of  the  things,  the  want  of  communication, 
getting  all  the  books,  papers,  etc.,  back  to  the  seat  of 
government,  the  regular  certificate  was  not  given  for  the 
same  until  April. 

The  above  comprises  all  the  State  treasury  notes  that 
have  been  issued  and  paid  into  the  State  treasury  since 
the  commencement  of  the  war — none  were  issued  before. 
They  were  all  paid  into  the  treasury  as  directed  by  law, 
by  me  as  Comptroller-General,  after  the  same  were  num- 
bered, signed  and  registered.  Having  said  this  much,  it 
is  hardly  necessary  to  repeat,  but  that  the  enquiry  of  the 
resolution  may  be  fully  answered  so  far  as  this  office  is 
concerned,  I  will  state,  that  as  a  matter  of  course,  no 
exchange  of  said  notes  was  ever  made  for  Confederate 
treasury  notes  or  bonds,  or  anything  of  the  kind;  and 
further,  that  no  one  ever  proposed  to  me  such  an  ex- 
change. 

Recapitulation. 

Amount  of  warrants  drawn  and  passed  to  purchase 
cotton  for  the  State. 

On  soldiers  clothing  fund  of  1864 $     1,269,010.60 

On  appropriation  for  exportation  of  cot- 
ton         1,150,000.00 

On  cotton  card  appropriation 1,000,000.00 


$     3,419,010.60 


Provisional  Governor  James  Johnson  95 

Amount  of  Treasury  notes,  certificates  of  deposit  and 
change  bills  outstanding. 

Eight  per  cent,  treasuiy  notes $  2,743,000.00 

Eight  per  cent,  certificates  of  deposit 1,015,000.00 

Six  per  cent,  treasury  notes 4,355,000.00 

Six  per  cent,  certificates  of  deposit 445,000.00 

Treasury  notes  redeemable  in  Confederate 

treasury  notes  or  public  dues 5,171,500.00 

Change  bills  redeemable  in  Confederate 

treasury  notes   997,775.85 


$   14,727,275.85 


With  the  exception  of  giving  the  day  and  month  on 
which  these  several  classes  of  treasury  notes'  and  change 
bills  were  paid  into  the  treasury  (which  statement  was 
neither  required  by  law,  or  heretofore  deemed  at  all 
material)  all  of  the  above  facts  and  other  matters  con- 
nected with  the  issuing  of  all  these  notes,  have  heretofore 
been  given  in  my  annual  report  for  the  years  1862,  1863, 
1864  and  1865.     All  of  which  is  respectfully  submitted. 

Peterson  Thweatt, 

.  Comptroller-General 


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Pkovisional  Goveknor  James  Johnson  97 

TUESDAY,  NOVEMBER  Tth,  1865. 

The  following  message  was  transmitted  to  the  con- 
vention, to-wit: 

Executive  Office, 

Provisional  Gov't,  of  Ga., 

MiLLEDGEviLLE,  November  7tli,  1865. 

Gentlemen  of  the  Convention : 

I  have  just  received  the  following  telegram. 

James  Johnson. 

(Copy  Telegram.) 

Washington,  November  5,  1865. 

To  Jas.  Johnson, 

Prov.  Gov.: 

The  organization  of  a  police  force  in  the  several 
counties  for  the  purpose  of  arresting  mnrauders,  sup- 
pressing crime,  and  enforcing  the  civil  authority,  as  indi- 
cated in  your  preamble  and  resolutions,  meets  with  ap- 
probation. It  is  hoped  that  your  people  will,  soon  as 
practicable,  take  upon  themselves  the  responsibility  of 
enforcing  and  sustaining  all  laws.  State  and  Federal,  in 
conformity  to  the  constitution  of  the  United  States. 

(Signed)  Andrew  Johnson, 

Presi'dent  U.  S. 


98  Confederate    Records 

THURSDAY,  NOVEMBER  9th,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  November  9th,  1865. 

It  is  hereby  ordered  and  directed.  That  Thomas  P. 
Saffold,  of  Morgan,  Charles  S-  Jourdan,  of  Jasper,  and 
A.  0.  Lochrane,  of  Bibb,  be,  and  they  are  hereby  ap- 
pointed the  committee  to  investigate  the  matters  and 
things  specified  in  the  resolution  of  the  late  convention. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

Executive  Office, 

Provisional  Gov't,  of  Ga., 

Milledgeville,  November  9th,  1865. 

To  the  Justices  of  the  Inferior  Court  of 

Muscogee  County: 

Whereas,  a  vacancy  has  occurred  in  the  representa- 
tion from  the  County  of  Muscogee  in  the  Georgia  State 
Convention,  by  the  death  of  the  Hon.  Hines  Holt;  And 
vjJiereas,  it  is  the  duty  of  the  Governor  in  all  such  cases 
to  issue  his  writ  of  election  to  fill  such  vacancy;  Now. 
therefore,  I,  James  Johnson,  Provisional  Governor  of 
the  State  of  Georgia,  do  issue  this,  my  writ  of  election, 
requiring  you,  or  a  majority  of  you,  after  giving  due 
legal  notice,  to  cause  an  election  to  be  held  in  manner  and 
form  as  required  by  law  to  fill  said  vacancy. 


Provisional,  Governor  James  Johnson  99 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

A  copy  of  the  above  writ  forwarded  to  the  Justices 
of  the  Inferior  Court  of  the  County  of  Quitman  to  fill 
the  vacancy  occasioned  by  the  death  of  the  Hon.  B.  H. 
Rice. 


THURSDAY,  NOVEMBER  9th,  1865. 

Executive  Office, 
Provisional  Gov^t.  op  Ga., 
Milledgeville,  November  9th,  1865. 

Hon.  Hugh  McCulloch, 

Secretary  of  the  Treasury  of  the  U.  S. 
Sir:  At  the  request  of  the  convention,  I  have  the 
honor  to  transmit  herewith  a  copy  of  a  memorial  and 
*  resolution  passed  by  the  convention,  requesting  a  sus- 
pension of  the  tax  on  land  until  Congress  shall  assemble. 
I  do  not  know  how  much  discretion  the  law  allows 
you  to  exercise  in  such  a  case  under  such  circumstances, 
but  if  it  be  within  your  power,  I  most  respectfully  and 
earnestly  unite  with  the  convention  in  asking  of  you  the 
favor  tliat  the  prayer  of  the  memorialists  be  granted. 

Yours,  etc., 
James  Johnson, 
Prov.  Gov.  of  Ga. 


'See  Convention  Journal,  page  410. 


100  CONFEDEKATE     RECORDS 

TUESDAY,  NOVEMBER  21,  1865. 

Procla/mation. 

By  James  Johnson, 

Provisional  Grovernor. 

Executive  Office, 
Provisional  Gov^t.  of  Ga., 
Milledgeville,  November  21st,  1865. 

Whereas,  The  late  convention  did  ordain,  That  the 
Provisional  Governor  should  provide  for  the  formation 
of  one  or  more  militia  or  volunteer  companies  in  each 
of  the  counties'  of  the  State  to  act  as  a  police  force  to 
suppress  violence,  to  preserve  order  and  to  aid  the  civil 
officers  in  the  enforcement  of  the  laws  under  such  regu- 
lations as  might  be  consistent  with  the  laws  of  the  United 
States, 

Now,  therefore,  I,  James  Johnson,  Provisional  Gov- 
ernor of  the  State,  do  hereby  authorize  and  request  the 
people  of  this  State  to  organize,  according  to  law,  in 
each  of  the  counties  of  the  State,  a  volunteer  company 
for  the  purpose  of  aiding  the  civil  authorities  in  the  ex- 
ecution of  law  and  the  suppression  of  violence. 

And  it  is  hereby  further  declared,  that  such  companies 
when  so  formed  and  organized,  shall  be  auxiliary  and 
subordinate  to  the  civil  officers  that  they  shall  arrest  no 
person,  and  shall  search  the  house  of  no  person,  without 
a  legal  warrant  regularly  issued  by  some  magistrate 
having  authority,  and  shall,  in  no  case,  inflict  any  pun- 
ishment except  by  the  judgment  and  direction  of  a  duly 
qualified  civil  officer  having  jurisdiction  of  the  offense. 


Provisional,  Governor  James  Johnson  101 

And  Whereas,  It  is  desirable  to  have  uniformity  in 
command,  and  that  there  should  be  no  conflict  between 
the  military  authorities  of  the  State  and  the  United 
States ;  it  is  further  declared,  that  said  companies,  when 
formed  within  their  respective  counties,  shall"  be  under 
the  control  and  subject  to  the  orders  of  the  military  com- 
manders of  the  United  States  commanding  the  district, 
and  for  a  violation  of  these  regulations,  and  for  any 
other  offence  committed,  shall  be  tried  and  punished 
according  to  the  rules  prescribed  for  the  government  of 
the  army  of  the  United  States. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  at  Milledgeville,  on  this,  the  21st  day  of 
November,  A.  D.,  1865. 

James  Johnson, 
Prov.  Gov.  of  Ga. 


Executive  Office, 

Provisional  Gov't,  of  Ga., 

Milledgeville,  November  21st,  1865. 

It  appearing  from  the  certificate  of  Hon.  Robert  H. 
May,  Mayor  of  the  city  of  Augusta,  that  John  C.  Snead, 
Esqr.,  was  duly  elected  Judge  of  the  City  Court  of  the 
city  of  Augusta  at  an  election  held  by  the  city  council  of 
said  city,  it  is  hereby 

Ordered,  That  in  pursuance  of  an  act  approved  15th 
February,  1856,  a  commission  in  usual  form  do  issue  to 
him  as  Judge  aforesaid,  for  the  term  prescribed  by  law. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


102  Confederate    Records 

THURSDAY,  NOVEMBER  23rd,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  November  23rd,  1865. 

Henry  Brigham, 

Savannah,  Ga. 

Sir:  I  am  directed  by  His  Excellency,  the  Provis- 
ional Governor,  to  enclose  you  a  certified*  copy  of  a  reso- 
lution passed  by  the  late  State  Convention,  disaffirming 
the  sale  of  State  cotton  made  to  yourself,  and  to  state 
that  he  is  ready  to  return  your  notes,  and  to  pay  the 
expenses  on  the  conditions  named,  whenever  you  make 
the  assignment  specified  in  the  resolution. 

Respectfully,  Your  Obt.  Servt., 

L.  H.  Briscoe,  Secretary. 

P.  S. — I  am  instructed  also  to  inclose  the  within 
''form  of  assignment,"  with  a  request  that  it  be  executed 
at  your  earliest  convenience,  and  returned  to  this  office, 
on  receipt  of  which  the  notes  and  money  will  be  for- 
warded as  you  may  direct.  L.  H.  B. 


*See  Journal  of  Convention,  page  432. 


Pbovisional  Governor  James  Johnson  103 

THURSDAY,  NOVEMBER  23,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEViLLE,  November  23,  1865. 

Hon.  Hugh  McCulloch, 

Secretary  of  the  Treasury, 

Washington,  D.  C. 

Sir  :  I  am  directed  by  His  Excellency,  the  Governor, 
to  enclose  herewith  the  *copy  of  a  resolution  passed  by 
the  late  Convention  of  this  State,  touching  certain  cotton 
captured  by  the  Union  army  at  Savannah  and  claimed 
by  the  State  as  its  property. 

Your  attention  is  called  in  this  connection  to  a  com- 
munication of  the  Governor  of  the  16tli  of  August,  in 
which  notice  was  given  that  the  State  might  probably 
assert  its  claim  to  this  cotton,  and  expressed  a  hope  that 
until  some  action  was  taken  by  the  Convention  or  Legis- 
lature, the  claim  of  the  State  might  not  suffer  prejudice. 

Very  respectfully,  your  obt.  servt., 

L.  H.  Briscoe,  Secretary. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  Novcmbcr  24th,  1865. 
Ordered,  That  John  Johns,  Jr.,  of  the  city  of  Rich- 


*See  Convention  Journal,  pages  143,  243,  432. 


104  Confederate    Records 

mond,  State  of  Virginia,  be,  and  is  hereby,  appointed 
Commissioner  of  Deeds  for  the  State  of  Georgia  to  reside 
in  the  city  and  State  aforesaid.  And  that  commission  do 
issue  to  him  accordingly  in  usual  form. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


THURSDAY,  NOVEMBER  30,  1865. 

(copy) 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiKLEDGEVLLLE,  November  30,  1865. 

Twelve  months  after  date  the  State  of  Georgia 
promises  to  pay  Leonidas  A.  Jordan,  or  order,  thirty- 
three  thousand  three  hundred  and  thirty-three  33/100 
dollars  in  gold  coin  of  the  United  States  for  value  re- 
ceived, with  interest  from  date  at  seven  per  cent,  per 
annum,  payable  in  United  States  currency,  and  if  so  paid 
interest  to  be  calculated  and  paid  in  kind  on  the  amount 
of  principal. 

In  witness  whereof  I  have  hereunto  affixed  my  hand 
and  Seal  of  the  Executive  Department  the  day  and  year 
above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


Provisional,  Governor  James  Johnson  105 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  November  30,  1865. 

Having  borrowed  of  L.  A.  Jordan,  for  the  use  of  the 
State,  the  sum  of  fifty  thousand  dollars  in  currency,  it  is 

Ordered,  That  the  same  be  deposited  in  the  treasury 
of  the  State ;  said  obligation  to  be  placed  on  record. 

Given  under  my  hand  and  Seal  the  day  and  year 
above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


THURSDAY,  NOVEMBER  30,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  Novcmbcr  30th,  1865. 

Whereas,  Henry  Brigham,  of  Savannah,  having  ex- 
ecuted and  delivered  an  assignment  o£  all  the  cotton  pur- 
chased of  A.  Wilbur,  agent  of  the  State,  in  compliance 
with  the  terms  prescribed  by  the  ordinance  of  the  late 
Convention,  it  is  hereby 

Ordered,  That  the  sum  of  two  hundred  dollars  be  paid 
him  and  that  the  Treasurer  deliver  to  him,  or  his  agent, 
the  notes  given  for  the  payment  of  the  purchase  money. 


106  Confederate   Eecords 

Given  under  my  hand  and  seal,  this  the  30th  day  t^f 
November,  A.  D.,  1865. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


Executive  Office, 
Provisional.  Gov't,  of  Ga., 
Milledgeville,  November  30,  1865. 

To  THE  Honorable  Justices  of  the  Inferior  Court 

OF  THE  County  of  DeKalb  : 

Whereas,  a  vacancy  has  occurred  in  the  representa- 
tion of  said  county  in  the  General  Assembly  of  this  State, 
to  convene  on  the  4th  day  of  December  next,  by  the  resig- 
nation of  John  McElroy,  member-elect  to  the  House  of 
Bepresentatives : 

By  virtue  of  the  authority  in  me  vested  by  the  Consti- 
tution and  laws  of  this  State,  I,  James  Johnson,  Pro- 
visional Governor  of  Georgia,  do  hereby  direct  that  you 
order  and  publish  a  day  for  holding  an  election  in  said 
county  to  supply  said  vacancy,  giving  twenty  days  notice 
of  the  same ;  and  that  the  returns  of  said  election  be  duly 
forwarded  to  this  office. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, at  the  Capitol  in  Milledgeville,  the  day  and 
year  aforesaid. 

James  Johnson, 

Governor. 
By  the  Governor, 

L.  H.  Briscoe,  Secretary. 


Peovisional  Governor  James  Johnson  107 

MONDAY,  DECEMBER  4,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  December  4,  1865. 

Proclamation. 

By  James  Johnson, 

Provisional  Governor  of  Georgia. 

Whereas,  an  election  ordered  and  directed  by  the 
Convention  to  be  holden  for  seven  members  to  represent 
the  State  of  Georgia  in  the  House  of  Representatives  of 
the  Congress  of  the  United  States  for  two  years  from 
the  4th  of  March,  A.  D.,  1865,  was  so  held  on  the  15th  of 
November,  A.  D.,  1865;  Now,  therefore,  I,  James  John- 
son, Provisional  Governor,  having  counted  the  votes  by 
the  returns  made  to  this  office,  do  declare  that  the  Hon. 
Solomon  Cohen  received  the  largest  vote  in  the  First 
Congressional  District;  Hon.  Phillip  Cook  in  the  Second; 
Hon.  Hugh  Buchannan  in  the  Third;  Hon.  E.  G.  Cabiness 
in  the  Fourth;  Hon.  J.  D.  Mathews  in  the  Fifth;  Hon.  J. 
H.  Christy  in  the  Sixth,  and  Hon.  W.  T.  Wofford  in  the 
Seventh. 

And  I  do  further  declare,  that  as  at  present  advised, 
no  certificates  will  be  issued. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


108  Confederate    Records 

TUESDAY,  DECEMBER  5,  1865. 

Executive  Office, 
Provisional,  Gov't,  of  Ga., 
Milledgeville,  December  5th,  1865.  ■ 

To  THE  Hon.  Justices  of  the  Inferior  Court  of    • 
THE  County  of  Randolph: 

Whereas,  a  vacancy  lias  occurred  in  the  representa- 
tion of  said  comity  in  the  Georgia  State  Convention  by 
the  resignation  of  the  Hon.  L.  C.  Sales;  And  whereas, 
It  is  the  duty  of  the  Governor  in  all  such  cases  to  issue 
his  writ  of  election  to  fill  such  vacancy, 

Now  therefore,  I,  James  Johnson,  Provisional  Gov- 
ernor of  the  State  of  Georgia,  do  issue  this  my  writ  of 
election  requiring  you,  or  a  majority  of  you,  after  giving 
due  and  legal  notice,  to  cause  an  election  to  be  held  in 
manner  and  form  as  required  by  law  to  fill  said  vacancy. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


]  Pkovisional  Governor  James  Johnson  109 

TUESDAY,  DECEMBER  5,  1865. 

The  following  message  from  His  Excellency,  James 
Johnson,  Provisional  Governor  of  Georgia,  was  trans- 
mitted to  the  General  Assembly,  to-wit: 

Executive  Office, 
Provisional,  Gov't,  of  Ga., 
Milledgeville,  December  5,  1865. 

Gentlemen  of  the  Senate  and 

House  of  Representatives: 

Since  you  last  assembled,  great  changes  have  taken 
place  in  our  social  and  political  condition,  and  upon  you 
it  is  imposed  the  delicate  and  arduous  task  of  adapting 
our  laws  and  their  administration  to  the  wants  and  de- 
mands of  society.  To  effect  this  purpose  successfully,  it 
will  be  readily  suggested  to  you  that  it  will  not  only  be 
necessary  that  many  of  the  existing  statutes  be  repealed 
or  modified,  but  that  also  many  new  provisions  defining 
crimes  and  regulating  the  administration  of  law  be  intro- 
duced and  adopted.  In  a  communication  of  this  character 
a  specification  of  the  proper  alterations  and  amendments 
could  not  be  expected. 

In  this  connection  I  will,  however,  remark  that  from 
my  experience  at  the  bar,  I  do  not  hesitate  to  affirm  that 
one  of  the  most  serious  evils  which  has  hitherto  charac- 
terized the  administration  of  civil  and  criminal  justice 
has  been  the  delay  attending  the  trial  of  causes  in  the 
circuit  courts.  Hesitating  plaintiffs  and  reluctant  de- 
fendants, whether  debtors  or  criminals,  resort  to  strata- 
gem and  demand  continuances  as  a  matter  of  right,  which 


110  Confederate    Recoeds 

are  usually  allowed,  or  at  least  often  allowed,  upon  a 
slight  and  trivial  showing.  The  trial  should  be  fair  and 
impartial;  but  in  human  governments  judgment  against 
an  evil  deed  should  be  speedily  executed,  ' '  that  the  hearts 
of  the  children  of  men  should  not  be  set  in  them  to  do 
evil."  The  trial  is  had  for  the  purpose  of  ascertaining 
the  truth  and  the  testimony  of  witnesses,  though  uncer- 
tain, fallible,  and  often  false,  is  the  best  and  only  means 
given  to  us  to  arrive  at  it;  and  it  will  be  borne  in  mind 
that  the  tendency  of  the  age  in  all  civilized  governments 
is  not  to  limit  arbitrarily  the  range  of  examination,  but 
to  enlarge  it,  not  to  increase  the  class  of  persons  made 
incompetent  to  testify  by  the  rules  of  the  common  law, 
but  to  allow  even  parties  to  the  cause  to  be  heard;  to 
submit  the  character  and  the  credibility  of  the  witnesses 
to  the  judgment  and  discretion  of  an  enlightened  court 
and  jury,  to  be  by  them,  under  the  rules  and  sanctions 
of  law,  considered  and  adjudged.  The  visitation  of  pun- 
ishment on  offenders  should  not  only  be  speedy  and 
certain,  but  it  should  be  proportioned  to  the  nature  and 
character  of  the  offence.  It  should  be  sufficiently  severe 
to  deter  persons  from  its  repetition,  and  of  a  nature  to 
reform,  if  possible,  the  offender  himself.  Cruel  and  un- 
usual punishments  are  condemned  by  our  fundamental 
law,  and  refinement  and  civilization  require  that  the 
human  body  should  be  neither  marked  or  mutilated.  Such 
penalties  for  crime  should  be  prescribed  and  inflicted  as 
will  meet  the  approbation  of  the  merciful  and  humane; 
such  as  will  not,  by  their  severity  and  barbarity  cause 
enlightened  juries  to  shrink  from  the  duty  of  prompt 
conviction  on  testimony  excluding  reasonable  doubt.  Our 
financial  condition  and  our  deranged  social  relations  re- 
quire a  new  code.  One  which  shall  have  incorporated  in 
it  the  principles  and  maxims  alluded  to.     Solitary  con- 


Peovision.^l  Goveenoe  James  Johnson  111 

finement  in  the  penitentiary  is  to  be  succeeded  by  penal- 
ties more  adequate  to  the  suppression  of  crime  and  more 
effectual  in  protecting  society  from  danger. 

I  trust  that  in  a  few  days  I  shall  be  able  to  lay  before 
you  a  report  from  the  Superintendent  of  the  Western  & 
Atlantic  Kailroad,  showing  the  receipts  and  disburse- 
ments from  the  period  it  was  turned  over  to  the  State  to 
the  present  time ;  showing  also  the  progress  made  in  the 
construction  of  the  bridges  and  all  other  material  details 
therewith  connected  of  general  interest.  The  operations 
for  the  period  of  time  stated,  under  the  management  and 
control  of  the  Superintendent  and  subordinates  will,  it 
is  believed,  be  highly  satisfactoiy  and  will  recommend 
the  industry  and  fidelity  of  the  officers  to  a  general  and 
unqualified  approval.  Appropriate  qualifications  for  the 
successful  management  of  a  road  transacting  so  large 
and  so  extensive  a  business,  and  the  requisite  capacity 
and  attainments  proper  for  the  acceptable  discharge  of 
the  functions  of  the  executive  office  can  seldom  be  found 
united  in  the  person  of  any  one  individual.  Moreover, 
the  ordinary  duties  pertaining  to  each  position  are  suffi- 
ciently numerous  and  onerous  to  require  the  undivided 
time  and  attention  of  any  man  to  whose  charge  such  a 
trust  may  be  committed.  For  these  reasons,  and  for  a 
variety  of  others  that  will  be  readily  suggested,  I  recom- 
mend that  the  control  of  the  road  be  taken  out  of  the 
hands  of  the  executive,  and  be  placed  under  the  direction 
and  management  of  a  commissioner,  whose  duties  shall 
be  prescribed  by  law;  that  he  shall  be  elected  by  the 
people  of  the  State,  as  is  the  Governor;  that  he  shall 
report  directly  to  the  Legislature,  and  shall  be  by  them 
subject  to  removal  for  malfeasance  in  office. 

Under  the  wasting  and  demoralizing  influence  of  war, 


112  Confederate   Kecords 

our  schools  and  colleges  have  fallen  into  decay,  and  our 
youth,  for  a  few  years  past,  have  been  called  and  trans- 
ferred from  the  academy  to  be  exercised  and  trained  in 
the  camp.  But  peace  has  returned,  and  with  its  return  the 
late  Convention,  not  unmindful  of  the  obligations  [the] 
government  is  under  to  provide  for  the  education  of  the 
people,  did  ordain  that  the  University  of  the  State  should 
be  adequately  endowed.  In  carrying  the  injunction  liber- 
ally and  generally  into  practice  and  operation,  you  will 
only  follow  the  precepts  and  example  of  the  enlightened 
and  patriotic  fathers  of  the  republic.  To  the  prompt 
discharge  of  this  important  duty,  interest,  honor  and 
patriotism  all  unite  to  invite  you.  Located  in  a  healthy 
region,  surrounded  by  a  virtuous  and  industrious  popu- 
lation, and  the  citizens  of  the  town  and  immediate  vicin- 
ity, devoted  to  science  and  learning,  the  University  of 
Georgia  can  and  ought  to  be  made  more  than  ever  the 
cherished  object  of  the  affections  of  her  people. 

The  appropriations  and  donations  which  have  here- 
tofore been  made,  though  mostly  lost  or  consumed,  have 
not  been  vain  and  fruitless  expenditures.  The  bar,  the 
bench  and  the  pulpit  have  shared  in  the  rewards  of  such 
liberality.  Science  and  learning,  through  the  agency  of 
endowed  professorships,  can  and  will  accomplish  new 
and  greater  triumphs,  and  through  your  fostering  care, 
secure  to  you,  their  patrons,  a  place  in  history  as  the 
benefactors  of  our  race. 

Discussion  and  experiment  suggested  that  the  Supreme 
Court  should  hold  its  sessions  at  the  Capitol.  The  sug- 
gestion was  adopted  and  carried  into  execution  by  the 
Convention.  To  complete  the  work  of  good  policy,  thus 
tardily  begun,  it  is  proper  and  expedient  that  the  Capitol 


Provisional.  Governor  James  Johnson  113 

itself  should  be  here  declared  and  considered  permanently 
located. 

Here  it  occupies  a  central  and  accessible  position,  in 
the  midst  of  a  section  once  fertile  and  passing  beautiful. 
Man,  impelled  by  avarice  and  prodigality,  has  partially 
destroyed  and  wasted  the  lavish  gifts  of  nature,  but 
through  industry  and  a  new  social  economy,  these  deso- 
lations may  be  repaired. 

The  public  grounds  should  be  enlarged,  improved  and 
ornamented;  the  halls  of  legislation  ought  to  impress  the 
spectator  with  the  power  of  the  State,  and  her  courts  ot 
justice,  with  the  majesty  of  the  law.  Annually  improve- 
ments should  be  added  to  improvement,  and  ornament  to 
ornament,  until  the  name  of  the  Capitol  shall  become  a 
praise  to  the  whole  people. 

On  first  of  February,  last,  the  Congress  of  the  United 
States,  by  joint  resolution,  proposed  to  the  Legislatures 
of  the  several  States  of  the  Union,  an  amendment  to  the 
Contitution  of  the  United  States  declaring  that  hereafter 
neither   slavery  nor  involuntary  servitude,   except  for 
crime,  should  exist  in  the  United  States,  or  in  any  place 
subject  to  their  jurisdiction;  and  that  Congress  should 
have  power  to  enforce  the  proposed  article  by  appro- 
priate legislation.     A  copy  of  the  proposed  amendment 
is  attached,  and  it  is  submitted  to  the  consideration  of 
the  legislature  with  the  hope  and  desire  that  it  may  be 
adopted  and  ratified.    A  very  common  objection  is  made 
to  it  on  the  ground  that  it  may  confer,  by  implication, 
on  Congress  the  power  of  regulating  generally  the  inter- 
nal policy  of  the  State.    Such  a  construction  is  believed 
to  be  erroneous  and  unfounded  and  unwarranted,  either 
by  the  language  employed  or  the  objects  sought  to  be 
attained. 


114  Confederate    Records 

The  Constitution  of  the  United  States  confers,  among 
other  things,  upon  Congress,  the  power  to  regulate  com- 
merce with  foreign  nations  and  among  the  States;  to 
declare  war,  to  raise  and  support  armies,  and  to  provide 
for  calling  forth  the  militia.  It  is  further  provided,  that 
Congress  shall  have  power  to  make  all  laws  which  shall 
be  necessary  and  proper  to  carry  into  execution  these 
enumerated  powers ;  but  it  has  never  been  contended  that 
because  of  such  authority,  Congress  has  [been]  thereby 
invested  with  the  right  to  abolish  State  courts,  to  pre- 
scribe the  qualifications  of  jurors,  or  to  declare  who 
should  exercise  the  right  of  suffrage.  Moreover,  this 
amendment  is  strictly  cumulative,  and  it  is  not  intended 
by  it  either  to  repeal  or  modify  any  of  the  existing  pro- 
visions of  the  constitution;  and  therefore,  it  will  still  be 
for  the  several  States  to  prescribe,  each  for  itself,  who 
shall  be  electors  for  the  most  numerous  branch  of  their 
assemblies ;  and,  as  a  consequence,  who  shall  be  qualified 
electors  for  members  of  Congress. 

The  Congress  passing  it,  the  different  departments  of 
the  government,  and  most  of  the  Legislatures  of  the 
several  States  ratifying  it,  construe  the  amendment  to 
be  nothing  more  or  less  than  a  declaration  against  invol- 
untary servitude,  conferring  therewith  on  Congress  the 
restricted  power  to  carry  such  declaration  into  execution 
by  necessary  and  proper  laws.  Such  is  the  natural  im- 
port of  the  language  employed,  and  such  doubtless  will 
be  the  construction  given  it  by  the  different  departments 
of  the  government  in  all  controversies  that  may  hereafter 
arise.  Under  other  circumstances,  a  proposition  to  ratify 
such  an  amendment  would  not  be  entertained  by  you. 
Although  the  ** cannon's  roar,  and  the  trumpet's  clangor 
are  no  longer  heard,"  society  still  moves  on  in  its  resist- 


Pkovisional  Governor  James  Johnson  115 

less  way,  and  it  is  necessary  that  we  should  accommodate 
our  action  to  the  inexorable  demands  of  inevitable  results 
that  the  permanent  welfare  of  our  people  may  be  secured 
and  our  State  restored  to  her  former  political  rights  and 
relations. 

Georgia  has,  in  good  faith,  abolished  slavery.  She 
could  not  revive  it  if  she  would ;  and  the  ratification  of 
this  amendment  will  make  the  people  of  the  United  States 
homogenious— will  remove  from  among  us  the  cause  of 
bitterness  and  sectional  strife,  which  has  wasted  onr 
property  and  deluged  our  land  in  blood.  Furthermore, 
by  yielding  to  this  requirement  readily,  we  shall  submit 
a  most  effectual  argument  tending  to  open  the  halls  of 
the  national  legislature,  and  the  strongest  plea  that  could 
be  addressed  to  the  clemency  and  magnanimity  of  the 
government. 

Pardon  in  me  a  personal  iUusion.  In  my. official  acts 
I  have  endeavored  to  avoid  proscription  on  account  of 
former  differences  of  opinion,  and  have  sought  to  relieve 
the  people  from  pains,  penalties  and  forfeitures  legally 
imposed  on  condition  that  they  be  reconciled  to  the  gov- 
ernment. 

In  turn,  let  me  entreat  you  to  bring  forward  your 
prejudices  and  animosities  and  offer  them  a  sacrifice  on 
the  altar  of  our  common  country,  that  we  may  once  again 
present  to  mankind  the  spectacle— the  pleasant,  happy 
spectacle  of  "Brethren  dwelling  together  in  unity." 

James  Johnson, 
Provisional  Governor  of  Georgia. 


116  Confederate    Records 

WEDNESDAY,  DECEMBER  6,  1865. 

The  following  message  was  transmitted  to  the  General 
Assembly,  to-wit: 

Executive  Office, 
Provisional,  Gov't,  of  Ga., 
MiLLEDGEviLLE,  December  6,  1865. 

To  THE  Senate  and  House  of  Representatives: 

I  herewith  transmit  a  copy  letter  received  from  E. 
Starnes,  one  of  the  commission  appointed  by  the  Con- 
vention to  prepare  and  report  a  code  or  system  of  laws. 

I  have  deemed  it  proper  to  communicate  the  informa- 
tion therein  contained,  as  it  may  have  a  material  bearing 
on  the  action  of  your  committees. 

I  also  transmit  to  your  respective  branches  the  annual 
reports  of  the  Comptroller-General,  State  Treasurer  and 
Principal  Keeper  of  the  Penitentiary. 

James  Johnson, 
Prov.  Gov.  of  Ga., 

(copy) 

Washington,  Wilkes  County,  Ga., 
November  30th,  1865. 

Dear  Governor:  Four  members  of  the  Commission 
appointed  by  the  Convention,  for  the  purpose  of  report- 
ing the  draft  of  a  system  of  laws,  applicable  to  the 
changed  circumstances  of  our  condition,  to  the  Legisln- 


Peovisional,  Governor  James  Johnson  117 

ture,  at  its  approaching  session,  are  at  tliis  place,  and 
engaged  at  that  work.  We  have  not  been  idle,  but  shall 
not  be  able  to  report  at  the  beginning  of  the  session. 

We  are  sensibly  alive  to  the  importance  of  having 
the  result  of  our  labors  before  the  General  Assembly  at 
the  earliest  possible  moment,  but  so  important  and  ex- 
tensive a  work,  should  not  be  carelessly  and  hastily  dealt 
with,  and  we  are  therefore  anxious  to  present  something 
that  may  be  useful  and  well  matured. 

With  the  utmost  diligence,  we  cannot  get  the  manu- 
script in  proper  shape  before  the  Legislature,  or  rather 
into  your  hands,  before  the  15th  December.  We  will 
do  it  earlier  if  possible. 

Very  respectfully,  your  obedient  servant, 

E.  Staenes. 

Executive  Office, 
Provisional  Gov't,  or  Ga., 
Milledgeville,  December  6,  1865. 

Hon.  John  P.  King, 

Dear  Sir:  I  have  transmitted  to  you  twenty  bonds 
on  the  State  for  the  purpose  of  negotiation,  under  the 
ordinance  of  the  Convention. 

They  are  each  in  the  sum  of  five  thousand  dollars,  and 
numbered  from  one  to  twenty,  inclusive. 

Yours,  etc., 

James  Johnson, 

Governor. 


118  Confederate    Records 

FRIDAY,  DECEMBER  8,  1865. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  December  8,  1865. 

Gentlemen  of  the  Senate  and  House  of  Representatives : 

I  have  the  pleasure  to  transmit  herewith  a  copy  of 
a  telegram  received  on  last  evening  from  His  Excellenc} , 
the  President  of  the  United  States. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

(Copy  of  Telegram). 

Washington,  December  8,  1865. 

Jas.  Johnson, 

Provisional  Governor: 

Your  dispatch  received  the  first  inst.  Permit  me  to 
congratulate  you  and  the  Legislature  on  their  action  in 
adoption  and  ratifying  the  amendment  to  the  Constitution 
of  the  United  States  abolishing  slavery. 

(Signed)  Andrew  Johnson, 

President  U.  S. 


Pbovisional  Governor  James  Johnson  119 

SATURDAY,  DECEMBER  9,  1865. 

Executive  Office, 
Provisional,  Gov't,  of  Ga., 
MiLLEDGEviLLE,  December  9,  1865. 

'i'o  THE  Clerk  of  the  Superior  Court  of 
Upson  County: 

Whereas,  at  the  November  term  of  the  Superior  Court 
of  said  county,  1865,  Jesse  Owen  was  indicted  and  found 
guilty  of  the  offence  of  furnishing  a  free  person  of  color 
with  spirituous  liquors; 

And  tvhereas,  a  large  and  respectable  petition  is  pre- 
sented, which  for  good  and  satisfactory  reasons  ask  a 
remission  of  his  sentence,  which  was  to  pay  a  fine  of  fifty 
dollars  and  costs  and  be  imprisoned  in  the  common  jail 
ten  days. 

Ordered,  That  the  sentence  aforesaid  be,  and  the  same 
is  hereby,  remitted  with  all  the  pains  and  penalties 
therein  recited. 

Witness  my  hand  and  Seal  of  the  Executive  Depart- 
ment, at  the  Capitol  in  Milledgeville,  the  day  and  year 
above  mentioned. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

By  the  Governor: 

L.  H.  Briscoe,  Secretary. 


120  Confederate    Records 

MONDAY,  DECEMBER  11,  1865. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Office, 

Provisional,  Gov't,  of  Ga., 

Milledgeville,  December  11,  1865 

Gentlemen  of  the  Senate  and  House  of  Representatives : 

I  herewith  transmit  a  report  *from  the  Financial 
Committee,  appointed  under  a  resolution  of  the  Con- 
vention. 

Also  the  report  of  the  Superintendent  of  the  Western 
and  Atlantic  Railroad. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

*[Inclosure  No.  1.] 

Committee  Room, 
State  Finance  Committee, 
December  7,  1865. 

His  Excellencif  James  Johnson  : 

Provisional  Governor  of  Georgia: 

Sir  :  We  have  the  honor  to  communicate  that,  under 
your  appointment,  in  obedience  to  resolution  of  the  iate 
Convention,  we  have  been  continuously  engaged  in  per- 
forming the  duty  devolved  upon  us,  since  the  21st  ult. 


Pbovisional  Governor  James  Johnson  121 

The  financial  operations  of  the  State  for  the  last  four 
years  were  many  and  various,  and  large  sums'  of  money 
have  been  received  and  disbursed.  Many  of  the  persons 
and  papers  necessary  to  a  proper  discharge  of  our  duty 
are  in  remote  and  different  sections  of  the  State;  and 
under  the  circumstances,  we  find  it  impossible  to  report 
at  present  to  the  Legislature,  but  hope  to  do  so  before 
its  final  adjournment. 

Very  respectfully, 

(Signed)  T^os.  P.  Saffold, 

Chairman. 

*[Inclosure  No.  2.] 

Office  Superintendent, 
Western  &  Atlantic  R.  R., 
Atlanta,  Ga.,  December  5,  1865. 

To  His  Excellency  James  Johnson, 

Governor  of  Georgia: 

Sir:  In  compliance  with  the  laws  of  this  State,  I 
herewith  transmit  to  your  Excellency  a  statement  of  the 
condition  and  operations  of  the  Western  &  Atlantic  Rail- 
road, since  the  25th  day  of  September  last,  the  day  on 
which  it  was  restored  to  the  State  of  Georgia,  and  re- 
ceipted for  by  me,  under  an  order  from  Maj.-Gen'L  Geo. 
H.  Thomas,  commanding  the  Military  Division  of  Ten- 
nessee, embracing  the  department  of  Georgia. 

It  would  perhaps  have  been  more  satisfactory  to  have 
presented  the  operations  of  the  road  up  to  the  first  of 


122  Confederate    Kecords 

the  present  month;  but  the  returns  from  the  different 
agencies  on  the  line  could  not  be  matured  in  time  to 
embrace  them  in  this  report. 

I  have,  therefore,  given  below  the  income  and  expenses 
of  the  road  from  the  25th  of  September  to  the  first  of 
November,  embracing  a  period  of  thirty-six  days. 

Gross  earnings $170,793.38 

Expenses   50,074.51 

Net  income   $120,718.87 

From  the  above  statement  it  will  be  seen  that  the  net 
earnings  of  the  road  have  been  $120,718.87  for  the  first 
thirty-six  days  of  its  operations,  subject  to  charges  due 
the  East  Tennessee  and  Georgia  Railroad  for  the  use  of 
six  miles  of  road  from  the  junction  near  Chickamauga 
Station  to  Chattanooga. 

This  portion  of  the  State  road  was  destroyed  during 
the  war,  and  was  not  rebuilt  by  the  United  States. 

The  road  when  received  was  in  a  destitute  condition. 
The  cars  and  engines  had  been  used,  many  of  them,  as 
long  as  safety  would  admit ;  and  were  scattered,  some  in 
Virginia,  South  Carolina,  and  different  portions  of 
Georgia. 

These  cars  and  engines  have  been  collected  as  far  as 
possible,  and  others  will  be  returned  as  soon  as  the  rail- 
roads are  completed,  over  which  they  will  pass  on  their 
return  to  this  place. 

Tliere  were  purchased  for  the  use  of  this  road  from 
the  United  States,  eight  locomotive  engines,  about  one 
hundred  and  forty  box  cars,  and  about  forty-five  flat 
cars;  also  three  stationary  engines  for  pumping  water 


Provisional  Governor  James  Johnson  123 

and  running  the  machinery  in  the  car  shop,  purchased  by 
the  road  from  the  United  States,  whicli  v^as  erected  on 
the  land  belonging  to  the  State  at  Chattanooga.  Every 
shop  belonging  to  the  road  having  been  destroyed,  it  was 
necessary  to  make  the  purchase  to  do  the  necessary  re- 
pairs to  keep  up  the  rolling  stock.  In  addition  to  the 
above,  there  was  also  purchased  from  the  United  States 
a  large  amount  of  railroad  supplies  and  five  tenement 
houses  in  Chattanooga  in  which  to  board  and  lodge  em- 
ployees of  the  road.  These  five  houses  cost  the  sum  of 
$1,040.00 — are  new  and  well  suited  for  said  purpose.  As 
soon  as  the  road  was  received  proposals  to  rebuild  Howe 
Truss  bridges  were  issued  and  the  same  put  under  con- 
tract. Eight  of  the  most  important  bridges  were  to  be 
completed  by  the  fifteenth  of  this  month,  and  five  others 
by  the  first  of  January  next.  The  contractors  have  been 
delayed  in  the  work  for  the  want  of  mills  of  capacity  to 
saw  bridge  lumber,  but  are  using  every  energy  to  perform 
the  work,  and  seem  confident  of  their  ability  to  have 
them  up  before  the  winter  freshets  begin. 

It  is  hoped  the  earnings  of  the  road  will  pay  for  build- 
ing the  bridges,  but  a  large  amount  of  iron  will  be  re- 
quired to  replace  that  which  is  old  and  been  burnt  and 
crooked,  and  otherwise  injured.  And  also  iron  sufficient 
to  relay  the  road  from  the  junction  to  Chattanooga,  being 
a  distance  of  eight  miles,  on  which  the  iron  has  been  torn 
up  and  removed  by  the  United  States  military  authorities. 
This  will  require  an  outlay  of  money,  which  should  be 
borrowed,  so  as  not  to  interfere  with  the  finances  of  the 
road  until  the  bridges  are  paid  for. 

The  expenses  of  working  the  road  will  increase,  in 
consequence  of  the  large  number  of  ties,  and  amount  ot 
wood  now  being  put  on  the  road,  as  will  the  increase  in 


124  Confederate    Records 

the  number  of  guards  and  watchmen  to  protect  the  prop- 
erty and  merchandise  shipped  over  the  road,  against  a 
host  of  thieves  and  robbers,  who  infest  the  road  its  entire 
length. 

In  addition  to  this,  I  have  been  compelled  to  increase 
the  wages  of  agents  and  employees,  in  consequence  of 
the  enhanced  price  of  provisions  and  rent  of  houses. 

By  the  act  of  Congress  passed  the  4th  July,  1864,  the 
internal  revenue  tax  on  the  earnings  of  this  road,  as  well 
as  on  cars,  engines,  water  tanks,  etc.,  will,  if  levied  and 
collected,  amount  to  seventy-five  thousand  dollars  per 
annum. 

I  have  given  the  subject  much  consideration,  and  have 
come  to  the  conclusion  that  the  Western  &  Atlantic  Rail- 
road being  exclusively  the  property  of  the  State,  is  not 
subject  to  taxation  under  said  act. 

I  have  therefore  prepared  an  argument  and  submitted 
it  to  the  Revenue  Assessor,  and  also  forwarded  a  copy 
of  the  same  to  the  Commissioner  of  Internal  Revenue,  at 
Washington  City,  for  consideration.  And  should  the 
Commissioner  determine  to  have  the  tax  assessed  and 
paid  on  the  same,  then  it  would  be  advisable  that  such 
action  be  taken  as  to  protect  the  State  against  such 
action  by  testing  the  validity  of  the  act,  imposing  and 
collecting  such  taxes. 

In  consequence  of  the  want  of  means,  I  have  not  had 
the  depots  on  the  road  rebuilt,  except  at  Atlanta,  the 
walls  of  which  have  been  repaired  and  are  now  being 
covered,  and  will  soon  be  ready  for  use. 

I  have  also  in  process  of  erection  at  the  same  place  a 
machine  shop  to  repair  engines,  etc.,  the  building  of 
which  is  indispensable  to  the  service  of  the  road. 


Provisional,  Governor  James  Johnson  125 

The  culvert  at  Vining's  Station,  built  at  immense 
expense,  was  blown  up  and  rendered  unsafe  by  the  Fed- 
eral army,  and  is  now  being  repaired  at  considerable 
cost. 

Since  my  appointment  to  office  I  have  used  every 
effort  to  make  the  road  self-sustaining  as  far  as  possi- 
ble ;  and  if  it  could  have  the  use  of  two  hundred  thousand 
dollars  for  two  years  to  purchase  iron,  it  could  pay  the 
interest  and  discharge  the  debt  at  maturity. 

Believing  that  the  road  can,  within  a  few  years,  be 
made  to  relieve  the  citizens  of  this  State  of  the  great 
burden  of  taxation,  I  would  respectfully  recommend  such 
policy  be  adopted  as  will,  in  the  shortest  possible  time, 
place  it  in  good  condition,  with  an  abundance  of  rolling 
stock,  to  enable  it  to  discharge  all  the  demands  which 
may  be  made  upon  it. 

The  above  report  is  most  respectfully  submitted  to 
your  consideration. 

Rob't.  Baugh, 

Superintendent. 


126  Confederate    Kecords 

TUESDAY,  DECEMBER  12,  1865. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Office, 
Peovisionai.  Gov't,  of  Ga., 
Milledgeville,  December  12,  1865. 

Gentlemen  of  the  Senate  and 

House  of  Representatives: 

I  received  this  morning  a  telegram  from  His  Excel- 
lency the  President  of  the  United  States,  a  copy  of  which 
is  herewith  transmitted. 

James  Johnson, 

Prov.  Gov.  of  Ga. 

(Copy  of  Telegram). 

War  Department, 

Washington,  December  11,  1865. 

J.  Johnson, 

Prov.  Gov. : 

The  Governor-elect  will  be  inaugurated,  which  will 
not  interfere  with  you  as  Provisional  Governor.  You 
will  receive  instructions  in  a  few  days  in  regard  to  being 
relieved  as  Provisional  Governor.  Why  can't  you  be 
elected  as  Senator?  I  would  issue  no  commissions  for 
members  to  Congress;  leave  that  for  the  incoming  Gov- 
ernor.   We  are  under  many  obligations  to  you  for  the 


Peovisionai.  Govern-or  James  Johnson  127 

noble,  efficient  and  patriotic  manner  in  which  you  have 
discharged  the  duties  of  Provisional  Governor,  and  will 
be  sustained  by  the  government. 

(Signed)  Andrew  Johnson, 

President  U.  S. 


Executive  Office, 

Provisional  Gov't,  of  Ga., 

MiLLEDGEviLLE,  December  12,  1865. 

It  is  ordered,  That  Bushrod  W.  Frobel  be,  and  he  is 
hereby,  appointed  to  keep  the  Capitol  grounds  and  other 
State  property  at  the  seat  of  government  in  proper  order. 

Given  under  my  hand  and  Seal  of  the  Executive  De- 
partment, the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


Executive  Office, 
Provisional  Gov't,  of  Ga., 
Milledgeville,  December  12,  1865. 

It  is  ordered,  That  Thomas  R.  Stewart  be,  and  he  is 
hereby,  appointed  Solicitor-General  of  the  Pataula  Cir- 
cuit, to  fill  the  unexpired  term  of  C.  B.  Wooten,  resigned, 
and  that  upon  his  qualification  a  commission  do  issue 
accordingly. 


128  Confederate    Records 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  written. 

James  Johnson, 

Prov.  Gov.  of  Ga. 


WEDNESDAY,  DECEMBER  13,  1865. 

Executive  Office, 
Provisional  Gov't,  of  Ga., 
MiLLEDGEviLLE,  December  13,  1865. 

His  Excellency  C.  J.  Jenkins: 

Dear  Sir:  After  you  shall  have  been  inaugurated, 
though  I  may  continue  Provisional  Governor,  in  my 
judgment  the  functions  of  the  executive  office  as  pre- 
scribed by  the  Constitution  and  laws  of  the  State  will  be 
rightfully  and  appropriately  exercised  by  you, 

I  shall  follow  the  precedent  recently  set  in  South 
Carolina,  in  a  similar  case,  and  unless  otherwise  instruc- 
ted, will  communicate  with  the  Legislature,  if  hereafter  I 
should  have  occasion  to  do  so,  through  you  as  the  Execu- 
tive of  the  State. 

His  Excellency,  the  President,  like  yourself,  is  anxious 
to  avoid  all  cause  of  conflict,  and  to  have  the  State  of 
Georgia  restored  to  her  civil,  political  rights  and  rela- 
tions'. 

I  trust  therefore,  that  with  this  assurance,  you  will 


Peovisional  Goveenoe  James  Johnson  129 

not  hesitate  to  permit  yourself  to  be  inaugurated  at  as 
early  a  day  as  convenient. 

Appreciating  the  reasons  and  motives  which  prompted 
your  note  to  me,  I  remain,  dear  sir, 

Your  obedient  servant, 

James  Johnson, 
Prov.  Gov.  of  Ga. 

Executive  Office, 
Peovisional  Gov't,  of  Ga., 
Milledgeville,  December  13,  1865. 

The  following  joint  resolution  was  approved  and 
signed  by  the  Governor,  to-wit : 

No.  1.  A  resolution  in  reference  to  the  adoption  of 
13th  clause  of  the  Constitution  of  the  United  States'. 

No.  2.  A  resolution  appointing  a  committee  to  make 
arrangements  for  the  inauguration  of  the  Governor-elect. 

Executive  Office, 
Peovisional  Gov't,  of  Ga., 
Milledgeville,  December  14,  1865. 

The  Honorable  C.  J.  Jenkins,  having  resigned  his 
commission  of  Judge  of  the  Supreme  Court,  it  is  hereby 
declared  that  his  said  office  is  now  vacant. 

Given  under  my  hand  and  the  Seal  of  the  Executive 
Department,  the  day  and  year  above  mentioned. 

James  Johnson, 
Prov.  Gov.  of  Ga. 


JOURNAL  OF  THE  PROCEEDINGS 


OF  THE 


CONVENTION  OF  THE  PEOPLE 

OF 

GEORGIA 

HELD  IN   MILLEDGEVILLE 

IN 

OCTOBER  AND  NOVEMBER  J 865 

TOGETHER  WITH  THE 

ORDINANCES  AND  RESOLUTIONS  ADOPTED 

Published  by  Order  of  the  Convention. 


Journal  of  the  Convention  of  1865  133 

(From  State  Archives) 

JOURNAL  OF  THE  CONVENTION, 
HELD  AT  MILLEDGEVILLE. 

MiLLEDGEVILLE,    GEORGIA, 

Wednesday,  October  25,  1865. 

In  accordance  with  a  proclamation  issued  by  His 
Excellency,  James  Johnson,  Provisional  Governor  of 
Georgia,  a  Convention  of  the  State  of  Georgia  assembled 
this  day  in  the  Hall  of  the  House  of  Representatives,  at 
12  o'clock  M.  His  Excellency,  Provisional  Governor 
James  Johnson,  in  the  chair,  and  L.  H.  Briscoe  and 
L.  Carrington,  acting  as  Secretaries,  when  the  following 
delegates  answered  to  their  names,  and  presented  their 
certificates  of  election,  to-wit: 

From  the  County  of : 

Appling— Daniel  G.  Hopps,  Frederick  Douglass. 

Baker— W.  D.  Williams,  Isaac  H.  Hand. 

Baldwin— A.  H.  Kenan,  B.  B.  de  Graffenried. 

Banks— William  Turk,  J.  L.  Gordon. 

Bartow— J.  R.  Parrott,  J.  R.  Wikle,  Nathan  Howard. 

Berrien — Thos.  Paulk. 

Bibb— Geo.  M.  Logan,  T.  G.  Holt,  C.  B.  Cole. 

Brooks— Wm.  H.  Sharpe,  Wm.  Hudson. 

Bryan— H.  E.  Smith,  F.  S.  Williams. 

Bulloch— R.  McCroan,  S.  J.  Brewton. 

Burke— E.  F.  Lawson,  M.  D.  Jones,  R.  T.  Jones. 

Butts— Jno.  L.  Barnett,  L.  D.  Watson. 


134  Confederate    Records 

Camden — D.  C.  Scarlett. 

Campbell — W.  A.  Turner,  S.  G.  Johnson. 

Callioun — George  W.  Colley,  Henry  Hays. 

Carroll— E.  B.  Martin,  W.  W.  Merrell. 

Catoosa — Edward  Fowler,  Wm.  Henry. 

Charlton — Jas.  C.  Smith,  Jno.  M.  Mattox. 

Chatham — Edward  C.  Anderson,  Solomon  Cohen, 
Thos.  E.  Lloyd. 

Cherokee — J.  0.  Dowda,  J.  E.  Covington. 

Coweta— W.  W.  Thomas,  W.  F.  Wright. 

Columbia — Jas.  S.  Jones,  C.  H.  Shockley,  V.  M. 
Barnes. 

Colquitt— D.  E.  Watkins,  F.  Clark. 

Coffee— Matt.  Ashley,  E.  Pafford. 

Clinch — Jno.  C.  Nichols,  Jno.  C.  Kirkland. 

Clay — E.  A.  Turnipseed,  A.  J.  Womack. 

Clayton — A.  L.  Huie,  Jno.  C.  Ellington. 

Cobb — David  Irwin,  A.  J.  Hansell,  W.  D.  Anderson. 

Crawford — Thos.  J.  Simmons,  Aurelius  W.  Gibson. 

Clark — Jno.  H.  Christy,  Jno.  C.  Johnson,  Y.  L.  G. 
Harris. 

Chattahoochee — William  Bagley,  Duncan  H.  Burts. 

Chattooga— J.  0.  Scott.     (Tie.) 

Dade — Jas.  W.  Cureton,  E.  D.  Graham. 

Dawson — Daniel  P.  Moore,  A.  J.  Logan. 

Decatur — H.  G.  Crawford,  H.  W.  Herring,  J.  Law. 

DeKalb — Milton  A.  Candler,  Henry  P.  Wooten. 

Dooly — F.  K.  Lewis,  William  Eoberts. 

Dougherty — G.  J.  Wright,  Henry  Morgan, 

Early — Bowling  H.  Eobinson,  Joel  W.  Perry. 

Echols— A.  C.  Martin. 

Effingham — Jno.  G.  Morel,  Morgan  Eawls. 

Elbert — James  S.  Lamar,  Wm.  H.  Adams. 

Emanuel — Neil  McLeod,  Henry  G.  Wright. 


JOUENAL  OF  THE   CONVENTION   OF   1865  135 

Fannin— John  B.  Dickey,  Jno.  M.  Powell. 
Fayette— John  Huie,  P.  F.  Brassell. 
Floyd— R.  H.  Moore,  Thos.  J.  Davis,  R.  D.  Harvey. 
Porsyth— Stephen  Clement,  W.  H.  Bell. 
Franklin— Jno.  M.  Freeman,  Nathan  Gunnels. 
Fulton— N.    J.    Hammond,    Jared    Irwin   Whitaker, 

G.  W.  Adair. 

Gilmer— C.  A.  Ellington,  B.  B.  Quillian. 
Glascock— Jno.  Neal,  E.  G.  Scruggs. 

Glynn — 

Greene— Y.  P.  King,  M.  W.  Lewis,  N.  M.  Crawford. 

Gordon— G.    M.    Thompson,    Jas.    Rodgers,    J.    M. 

Harlan. 

Gwinnett— J.  W.  Baxter,  J.  P.  Simmons,  R.  D.  Wmn. 
Habersham— Wm.  Grant,  Philip  Martin. 
Hall— J.  N.  Dorsey,  Davis  Whelchel,  S.  C.  Eraser. 
Hancock— B.  T.  Harris,  S.  J.  Lawrence. 
Haralson-Jas.  H.  H.  Williams,  Fletcher  Thompson. 
Harris— E.  C.  Hood,  A.  AV.  Redding,  H.  D.  Williams, 
jjart — Wm.  Bowers,  James  Allen. 
Heard— Berry  D.  Johnson,  Wm.  M.  K.  Watts. 
Henry-Charles  T.  Zachary,  Jno.  Hail,  E.  B.  Arnold. 
Houston-Eli  Warren,  Jno.  M.  Giles,  C.  T.  Goode. 
Irwin— Jacob  Young,  Jno.  B.  Dorminy. 
Jackson-W.   S.  Thompson,  J.  B.   S.  Davis,  W.  L. 

Marler. 

Jasper-Henry  S.  Glover,  Wm.  F.  Jordan. 
Jefferson— H.  V.  Johnson,  Geo.  Stapleton. 
Johnson— Jeremiah  Parker,  Noah  Tison. 
Jones— Jas.  H.  Blount,  C.  H.  Ridley. 
Laurens— Nathan  Tucker,  Robt.  Robinson. 
Lee— Geo.  Kimbrough,  Wm.  Newsom. 
Liberty-Jno.  B.  Mallard,  H.  F.  Home. 


136  CojStfedeeate    Records 

Lincoln — Jas  W.  Barksdale,  Jno.  Dunn. 

Lowndes — W.  E.  Manning,  P.  C.  Pendleton. 

Lumpkin — Wier  Boyd,  H.  W.  Riley. 

Macon — Phil  Cook,  L.  M.  Felton. 

Madison — Gabriel  Nash,  D.  J.  Chandler. 

Marion— G.  W.  McDuffie,  M.  L.  Bivins. 

Mcintosh— J.  R.  Middleton,  A.  Lafils. 

Meriwether — 0.  Warner,  J.  L.  Dixon,  F.  M.  Brantley. 

Miller — Isaac  Bush,  Isaac  E.  Bower. 

Milton — 0.  F.  Skelton,  Wm.  Rogers. 

Mitchell — Israel  Maples,  Jno.  A.  McGregor. 

Monroe — E.  G.  Cabiness,  Jno.  )Shannon,  W.  R.  Mur- 
phy. 

Montgomery — Jno.  McRae,  Jno   A.  Morris. 

Morgan— Joshua  Hill,  Thos.  P.  Saffold. 

Murray — Wm.  Luffman,  B.  F.  Parker. 

Muscogee — Hines  Holt,  A.  H.  Cliappell. 

Newton — Jno.  J.  Floyd,  P.  Reyrolds. 

Oglethorpe— W.  Willingham,  W.  B.  Brightwell,  J.  D. 
Matthews. 

Paulding — S.  L.  Strickland,  Jas.  H.  Weaver. 

Pickens — Silome  Goode,  R.  B.  McCutchen. 

Pierce— C.  H.  Hopkins,  G.  M.  T.  Ware. 

Pike — W.  D.  Alexander,  Giles'  Driver. 

Polk — Joseph  A.  Blance,  Joel  Brewer. 

Pulaski — Norman  McDuffie,  J.  L.  Warren. 

Putnam — D.  R.  Adams,  R.  C.  Humber. 

Quitman — Jos.  T.  Turner. 

Rabun — G.  J.  King,  D.  M.  Singleton. 

Randolph — Morgan  Calaway,  L.  C.  Sale. 

Richmond— C.  J.  Jenkins,  Jno.  P.  King,  A.  C.  Walker. 

Schley — C.  B.  Hudson,  J.  C.  Lasseter. 

Screven — Geo.  R.  Black. 


Journal  of  the  Convt:ntiox  of  1865  137 

Spalding — D.  H.  Johuson,  L.  T.  Doyal. 

Stewart — J.  L.  Wimberly,  M.  Gillis,  E.  F.  Kirksey. 

Sumter— A.  S.  Cutts,  W.  W.  Barlow,  Wright  Brady. 

Talbot— Win.  T.  Holmes,  Z.  B.  Trice,  M.  Bethime. 

Taliaferro — 

Tattnall— Alex.  W.  Daley,  Wm.  H.  Edwards,  Jr. 

Taylor— Alex.  H.  Riley,  L.  Q.  C.  McCrary. 

Terrell — C.  W.  Wooten,  D.  A.  Lochran. 

Telfair — A.  J.  Cameron,  Duncan  McRae. 

Thomas — Jas.  L.  Seward,  Jno.  R.  Alexander,  A.  T. 
Mclntyre. 

Towns — Jno.  D,  Howard,  Jno.  P.  Kelley. 

Troup— R.  A.  T.  Ridley,  N.  S.  Atkinson,  Jno.  S.  Hill. 

Twiggs — Ira  E.  Dupree. 

Union — Jno.  H.  Penland,  Jno.  England. 

Upson — Joel  Matthews',  0.  C.  Sharman. 

Walker— T.  E.  Batton,  L.  Black,  T.  Y.  Park. 

Walton— H.  D.  McDaniel,  J.  W.  Arnold,  J.  B.  Sorrels. 

Ware — B.  F.  W^illiams,  Nathan  Brewton. 

Warren — Jos.  M.  Roberts,  N.  C.  Bacon. 

Washington— J.  S.  Hook,  L.  C.  Matthews,  D.  E.  Gum- 
ming. 

Wayne — J.  D.  Rumph,  Jas.  Highsmith. 

Webster — Sampson  Bell,  Chas.  R.  Moore. 

Wliite — Francis  Logan,  A.  F.  Underwood. 

Wilcox — Darling  Johnson,  Stephen  Bowen. 

Wilkes — Wm.  Reese,  G.  G.  Norman. 

Wilkinson — Rufus  J.  Cochran,  Jas.  T.  Hudson. 

Whitfield— J.  F.  B.  Jackson,  J.  M.  Richardson,  D. 
Taliaferro. 

Worth — Wm.  A.  Harris,  Jas.  M.  Rouse. 

His  Excellency,  Provisional  Governor  James  John- 
son, called  the  convention  to  order. 


138  Confederate    Kecoeds 

After  administering  the  amnesty  oath  by  Hon.  Iver- 
son  L.  Harris,  Judge  of  the  Ocmulgee  Circuit,  Mr.  Har- 
ris, of  Worth  County,  nominated  Hon.  C.  J.  Jenkins,  a 
delegate  from  the  County  of  Richmond,  for  the  office  of 
permanent  President  of  the  convention. 

Hon.  C.  J.  Jenkins  declined,  and  nominated  Hon.  H. 
V.  Johnson,  a  delegate  from  the  County  of  Jefferson. 

Whereupon  Mr.  Harris  withdrew  the  name  of  Hon. 
C.  J.  Jenkins. 

Mr.  Nichols,  of  Clinch,  moved  that  a  committee  be 
appointed  from  the  several  Congressional  districts,  who 
should  name  permanent  officers  for  this  Convention, 
which  motion  was  ruled  out  of  order. 

Mr.  Harris,  of  Worth,  moved  to  elect  Hon.  H.  V. 
Johnson  by  acclamation,  which  being  objected  to  by  Hon. 
A.  H.  Chappell,  of  Muscogee,  the  motion  was  withdrawn. 

On  motion  of  Hon.  A.  H.  Kenan,  of  Baldwin,  the  con- 
vention then  proceeded  to  elect  a  permanent  President, 
viva  voce. 

Upon  receiving  and  counting  the  votes,  Hon.  H.  V. 
Johnson  received  245  votes,  and  Hon.  C.  J.  Jenkins  (no 
candidate)  received  27  votes. 

Hon.  H.  V.  Johnson  having  received  a  majority  of 
all  the  votes,  was  declared  duly  elected  permanent  Pres- 
ident of  the  convention- 

Whereupon  His  Excellency,  Provisional  Governor 
James  Johnson,  vacated  the  chair,  and  the  President 
elect  occupied  the  same. 

The  convention  then  proceeded  to  the  election  of  a 
Secretary,  and  on  the  second  ballot,  J.  D.  Waddell  of  the 


Journal  of  the  Convention  of  1865  139 

county  of  Polk,  having  received  a  majority  of  all  the 
votes  cast,  was  declared  duly  elected  Secretary  of  the 
convention,  and  he  was  duly  qualified  accordingly. 

On  motion  of  Mr.  Harris,  of  Worth,  Jesse  Oslin,  of 
the  County  of  Cobb  was,  by  acclamation,  declared  mes- 
senger of  the  convention  and  in  the  same  manner  W.  H. 
Roberts,  of  Ihe  County  of  Baldwin,  was  declared  door- 
keeper. 

Leave  of  absence  for  one  day  was  granted  Mr.  Red- 
ding, delegate  from  Harris. 

Mr.  Jenkins,  of  Richmond,  offered  a  resolution  in- 
structing the  President  to  appoint  a  Committee  of  Six- 
teen, consisting  of  one  from  each  Judicial  Circuit  in  the 
State,  to  report  business  for  this  convention. 

Adopted. 

On  motion  of  Mr.  Mallard,  of  the  County  of  Liberty, 
Newton,  a  Committee  of  Three,  consisting  of  Messrs. 
Floyd,  Hansell  and  Chappell,  was  appointed  to  wait  on 
His  Excellency,  Governor  Johnson,  and  inform  him  that 
this  convention  is  now  organized  and  ready  to  proceed 
to  business,  and  to  know  if  His  Excellency  has  any  com- 
munication to  make  to  this  convention. 

On  motion  of  Mr.  Mallard,  of  the  County  of  Liberty, 
Messrs.  Mallard,  Cabiness  and  Cole  were  appointed  a 
committee  to  secure  the  services  of  the  reverend  clergy 
to  open  the  sessions  of  this  convention  with  prayer. 

Mr.  Barnes,  of  the  County  of  Columbia,  moved  to 
tender  seats  upon  the  floor  of  the  hall  to  editors  and 
reporters. 

Adopted. 


140  Confederate    Eecords 

Messrs.  Floyd,  Hansell  and  Chappell,  through  their 
chairman,  reported  that  His  Excellency,  Governor  John- 
son, would  communicate  at  once  with  the  convention. 

The  following  message  was  received  from  His  Ex- 
cellency, Governor  Johnson: 

(See  page  38.) 

It  was  read,  and  500  copies  ordered  to  be  printed  for 
the  use  of  the  convention. 

Mr.  A.  J.  Hansell  moved  that  the  messenger  be  au- 
thorized to  employ  an  assistant  in  the  discharge  of  his 
duties. 

Pending  which  the  convention  adjourned  until  9:30 
o'clock  a.  m.,  tomorrow. 


THUESDAY  MORNING,  9:30  O'CLOCK, 
OCTOBER  26,  1865. 

The  convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Dr.  Crawford,  a  delegate  from 
the  County  of  Greene,  there  being  a  quorum  present,  the 
journal  of  yesterday  was  read. 

The  following  delegates  appeared  and  were  duly 
qualified : 

Muscogee — Hon.  Wiley  Williams. 
Echols — Hon.  L.  Roberts. 
Berrien — Hon.  J.  D.  Knight. 


Journal  of  the  Convention  oe  1865  141 

Cherokee— Hon.  W.  B.  C.  Puekett. 
Newton— Hon.  J.  A.  Stewart. 
Coweta— Hon.  Ira  E.  Smith. 
Glynn— Hon.  Urbanus  Dart. 

Taliaferro— Hons.  J.  A.  Stephens  and  Singleton  Har- 
ris. 

Hancock— Hon.  C.  W.  DuBose. 

Mr.  Kenan  introduced  the  following  ordinance,  which 
was  read : 


AN  ORDINANCE 

To  request  and  authorize  the  Provisional  Governor  of 
Georgia,  to  borrow  on  the  credit  of  this  State,  a 
sufficient  sum  of  money  to  pay  what  may  be  due  on 
the  civil  list,  and  what  may  become  due  thereon,  until 
by  the  collection  of  taxes  the  State  may  dispense 
with  loans,  and  to  extend  the  power  to  the  Governor 
to  be  elected  by  the  people  in  a  certain  contingency : 

The  people  of  Georgia,  hij  their  delegates  in  conven- 
tion assembled  do  herehij  declare  and  ordain,  That  the 
Provisional  Governor  of  this  State,  be  and  he  is  hereby 
respectfully  requested  and  authorized,  upon  the  faith  and 
credit  of  the  State  of  Georgia,  to  negotiate  a  loan  or 
loans  of  money,  or  United  States  currency,  sufficient  in 
amount  to  pay  whatever  is  due  on  the  civil  list  of  the 
political  year  1865,  as  also  to  pay  whatever  may  become 
due  on  the  civil  list  for  the  political  year  1866,  inclusive 
of  appropriations  for  the  support  of  the  Lunatic  Asylum, 
and  other  government  purposes',  until  the  State  of  Geor- 
gia, by  the  collection  of  taxes,  to  be  imposed  hereafter  by 
the  Legislature,  and  other  resources  of  the  State,  shall  be 


142  Confederate    Records 

enabled  without  embarrassment  to  dispense  with  a  resort 
to  temporary  loans,  the  money  so  borrowed  to  be  de- 
posited in  the  treasury  and  to  be  paid  out  by  executive 
warrant  as  is  provided  by  existing  laws. 

And  be  it  further  ordained  by  authority  aforesaid, 
That  should  the  Provisional  Governor,  from  any  cause, 
fail  to  make  a  sufficient  loan  or  loans  to  effectuate  the 
intention  of  this  ordinance,  that  then  the  Governor  to  be 
elected  by  the  people  as  his  successor  to  all  the  executive 
j)owers  of  the  State  Government,  be,  and  he  is  hereby, 
empowered  to  make  from  time  to  time,  such  loan  or  loans 
for  the  service  of  the  State  of  Georgia,  as  is  herein  con- 
templated. 

Mr.  Kenan  gave  notice  tht  he  would  call  up  this  ordi- 
nance for  final  action  on  Saturday  or  Monday  next. 

The  President  announced  the  following  Committee  of 
Sixteen,  to  report  business  for  the  action  of  this  Conven- 
tion: 

Middle  Circuit — C.  J.  Jenkins. 

Blue  Ridge  Circuit — David  Irwin. 

Brunswick  Circuit — J.  C.  Nichols. 

Chattahoochee  Circuit — A.  H.  Chappell. 

Cherokee  Circuit — J.  F.  B.  Jackson. 

Coweta  Circuit — R.  A.  T.  Ridley. 

Flint  Circuit — E.  G.  Cabiness. 

Macon  Circuit — C.  B.  Cole. 

Northern  Circuit — Wm.  M.  Reese. 

Ocmulgee  Circuit — A.  H.  Kenan. 

Pataula  Circuit — J.  L.  Wimberly. 

Southern  Circuit — J.  L.  Seward.  .    . 

Southwestern  Circuit — Henry  Morgan. 

Tallapoosa  District — W.  F.  Wright. 


^  Journal  of  the  Convention  of  1865  143 

Eastern  Circuit — T.  C.  Lloyd. 
Western  Circuit — J.  P.  Simmons. 

Hon.  Mr.  Jenkins,  Chairman  of  said  committee,  asked 
leave  of  absence  for  the  committee,  that  they  might  pre- 
pare business  for  the  action  of  the  convention,  which  was 
granted. 

Mr.  Hopkins  offered  the  following  resolution,  which 
was  read  and  adopted: 

Whereas,  His  Excellency,  the  Provisional  Governor, 
declares  in  his  message  that  the  cotton  which  had  been 
previously  purchased  by  the  State,  has  either  been  cap- 
tured or  consumed  by  fire;  and  that  all  the  assets  the 
State  held  abroad  had  been  drawn  against  to  the  full 
extent  of  their  value;  be  it  therefore 

Resolved,  That  His  Excellency,  the  Governor,  be  re- 
quested to  inform  the  convention  where  and  at  what  time 
the  cotton  was  captured  or  burned,  the  number  of  bales 
lost  and  their  probable  value;  also  the  amount  of  assets 
held  abroad;  to  whose  credit  they  were  held;  by  whom 
they  were  drawn,  and  what  disposition  was  made  of 
them. 

Mr.  Wright,  of  Coweta,  offered  the  following  reso- 
lution : 

Resolved,  That  the  rules  of  the  last  House  of  Repre- 
sentatives, (1863  and  1864):  as  far  as  apjjlicable,  be 
adopted  for  the  government  of  this  convention  and  500 
copies  be  printed  for  the  use  of  the  convention. 

Mr.  Hansen,  of  Cobb,  moved  the  following  as  a  sub- 
stitute, which  was  adopted: 

Resolved,  That  the  rules  of  the  convention  of  1861, 


144  Confederate    Eecords 

be  adopted  for  the  government  of  the  deliberations  of 
this  convention,  and  that  500  copies  be  printed  for  the 
use  of  delegates. 

On  motion  of  Mr.  Eedding,  of  Harris,  Orme  &  Son, 
were  by  acclamation,  appointed  printers  for  this  con- 
vention. 

Mr.  Anderson,  of  Chatham,  introduced  the  following 
resolution,  which  was  read: 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  chair,  to  memorialize  the  President  of  the  United 
States,  in  behalf  of  Jefferson  Davis,  and  Alexander  H. 
Stephens,  and  of  James  A.  Seddon,  of  Virginia;  A.  (}. 
McGrath,  of  South  Carolina,  Allison  and  David  L.  Yulee, 
of  Florida,  and  H.  W.  Mercer,  of  Georgia,  now  confined 
as  prisoners  in  Fort  Pulaski,  at  the  mouth  of  Savannah 
Kiver. 

Mr.  Hill,  of  Morgan,  moved  an  indefinite  postpone- 
ment, which  was  lost. 

Mr.  Keynolds,  of  Newton,  moved  to  postpone  for  the 
present.    Lost. 

The  resolution  was  on  motion,  amended,  so  as  to  in- 
clude all  prisoners. 

Mr.  Cochran,  of  Wilkinson,  moved  the  previous  ques- 
tion, which  was  sustained,  and  the  resolution  as  amended 
was  adopted. 

Mr.  Hammond,  of  Fulton,  introduced  a  resolution  that 
500  copies  of  the  Annual  Keport  of  the  Comptroller-Gen- 
eral, made  to  the  Governor,  on  the  16th  inst.,  be  printed 
for  the  use  of  the  Convention.     Adopted. 

Mr.  Riley,  of  Taylor,  offered  a  resolution,  that  the 


Journal  of  the  Convention  of  1865  145 

secretary  call  the  counties  in  alphabetical  order,  and  on 
the  call  of  each  county,  the  members  thereof,  shall  im- 
mediately select  their  seats. 

Mr.  Reynolds,  of  Newton,  moved  to  amend  by  put- 
ting the  names  of  counties  in  a  hat,  and  one  delegate 
from  each  county,  to  draw  and  select  seats  for  the  delega- 
tion from  his  county. 

On  motion  of  Mr.  Hook,  the  resolution  and  amend- 
ment were  postponed  until  this  afternoon. 

Mr.  Jenkins,  chairman  of  the  Committee  of  Sixteen, 
reported  the  following  ordinance  and  moved  its  adoption, 
which  was  unanimously  agreed  to. 

AN  ORDINANCE 

To  repeal  certain  ordinances  and  resolutions  therein 
mentioned,  heretofore  passed  by  the  people  of  the 
State  of  Georgia  in  Convention. 

We,  the  People  of  the  State  of  Georgia  in  convention  at 
our  seat  of  government,  do  declare  and  ordain.  That  an 
ordinance  adopted  by  the  same  people,  in  Convention,  on 
the  nineteenth  day  of  January,  A.  D.  eighteen  hundred 
and  sixty-one,  entitled  "An  ordinance  to  dissolve  the 
union  between  the  State  of  Georgia  and  other  States 
united  with  her  under  a  compact  of  government  entitled 
'the  Constitution  of  the  United  States  of  America;'  "  also 
an  ordinance,  adopted  by  the  same  on  the  sixteenth  day 
of  March  in  the  year  last  aforesaid,  entitled  "An  ordi- 
nance to  adopt  and  ratify  the  Constitution  of  the  Con- 
federate States  of  America;"  and  also  all  ordinances  and 
resolutions  of  the  same,  adopted  between  the  sixteenth 


.  146  Confederate   Recoeds 

day  of  January  and  the  twenty-fourth  day  of  March,  in 
the  year  aforesaid,  subversive  of,  or  antagonistic  to  the 
civil  and  military  authority  of  the  government  of  the 
United  States  of  America,  under  the  Constitution  there- 
of, be,  and  the  same  are  hereby  repealed. 

Mr,  Hill,  of  Morgan,  gave  notice  that  he  would  move 
its  reconsideration  on  tomorrow  morning. 

Mr.  Jenkins,  chairman  of  the  Committee  of  Sixteen, 
reported  the  following  ordinance,  and  moved  its  adop- 
tion: 

AN  ORDINANCE 

To  establish  Congressional  Districts,  and  to  provide  for 
certain  elections. 

The  people  of  Georgia  in  convention  assembled,  do 
ordain,  That  conforming  to  the  last  apportionment  of 
members  of  the  House  of  Representatives  of  the  United 
States  Congress,  there  shall  be  in  the  State  of  Georgia 
seven  Congressional  Districts,  constituted  as  follows, 
until  changed  by  Act  of  the  General  Assembly,  viz.  : 

The  first  district  shall  include  the  counties  of  Chat- 
ham, Bryan,  Liberty,  Mcintosh,  Wayne,  Glynn,  Camden, 
Charlton,  Ware,  Pierce,  Appling,  Tattnall,  Bulloch,  Ef- 
fingham, Screven,  Emanuel,  Montgomery,  Telfair,  Cof- 
fee, Clinch,  Echols,  Lowndes,  Berrien,  Irwin,  Laurens, 
Johnson,  Brooks,  Colquitt  and  Thomas. 

The  second  district  shall  include  the  counties  of  De- 
catur, Early,  Miller,  Baker,  Mitchell,  Worth,  Dooly,  Wil- 
cox, Pulaski,  Houston,  Macon,  Marion,  Chattahoochee, 
Sumter,  Webster,  Stewart,  Quitman,  Clay,  Calhoun,  Ran- 
dolph, Terrell,  Lee  and  Dougherty. 


Journal  of  the  Convention  of  1865  147 

The  third  district  shall  include  the  counties  of  Mus- 
cogee, Schley,  Taylor,  Talbot,  Harris,  Troup,  Meriwether, 
Heard,  Coweta,  Fayette,  Clayton,  Carroll,  Campbell, 
Haralson  and  Paulding. 

The  fourth  district  shall  include  the  counties  of  Up- 
son, Pike,  Spalding,  Henry,  Newton,  Butts,  Monroe, 
Crawford,  Bibb,  Twiggs,  Wilkinson,  Baldwin,  Jones, 
Jasper  and  Putnam. 

The  fifth  district  shall  include  the  counties  of  Wash- 
ington, Jefferson,  Burke,  Richmond,  Glascock,  Hancock, 
Warrenton,  Columbia,  Lincoln,  Wilkes,  Taliaferro, 
Greene,  Morgan,  Oglethorpe  and  Elbert. 

The  sixth  district  shall  include  the  counties  of  Milton, 
Gwinnett,  Walton,  Clark,  Jackson,  Madison,  Hart,  Frank- 
lin, Banks,  Hall,  Forsyth,  Pickens,  Dawson,  Lumpkin, 
A\^iite,  Habersham,  Rabun,  Towns,  Union,  Fannin  and 
Gilmer. 

The  seventh  district  shall  include  the  counties  of  De- 
Kalb,  Fulton,  Cobb,  Polk,  Floyd,  Bartow,  Cherokee, 
Gordon,  Chattooga,  Walker,  Whitfield,  Murray,  Catoosa 
and  Dade. 

Sec.  2.  There  shall  be  held  on  the  fifteenth  day  of 
November  next,  a  general  election  in  the  several  coun- 
ties, and  election  districts  of  this  State  for  Governor, 
Senators  (by  Senatorial  Districts)  and  Representatives 
(by  counties)  to  the  General  Assembly,  in  conformity 
to  the  Constitution,  which  this  convention  may  adopt, 
and  of  members  of  the  House  of  Representatives  of  the 
United  States  Congress,  by  districts  as  hereinbefore  ar- 
ranged, one  member  for  each  district. 

Sec.  3.     The  election  herein  ordered,  shall  be  con- 


148  CONFEDEKATE     ReCOKDS 

ducted  and  returns  thereof  made,  as  is  now  by  the  Code 
of  Georgia  provided. 

Sec.  4.  And  the  convention  do  further  ordain,  That 
the  election  for  Mayor  and  Aldermen  of  the  City  of 
Savannah,  shall  be  held  on  the  first  Wednesday  in  De- 
cember, in  the  present  year,  and  that  at  such  election  a^ 
laws  appertaining  thereto  shall  be  in  force,  except  the 
law  requiring  the  registry  of  voters. 

Mr.  Parrott,  of  Bartow,  moved  its  postponement  un- 
til tomorrow  morning,  and  that  three  hundred  copies  be 
printed  for  the  use  of  the  convention,  which  was  lost. 

Mr.  Parrott  then  moved  to  strike  out  the  "15tli  of 
November,"  and  insert  the  "1st  Wednesday  in  Decem- 
ber." 

On  motion  of  Mr.  Stapletou,  the  question  was  di- 
vided, and  the  motion  to  strike  out  was  lost. 

Mr.  Kenan,  of  Baldwin,  moved  to  reconsider  the  vote 
by  which  the  motion  to  strike  out  was  lost;  and  upon 
the  motion  to  reconsider,  Mr.  Parrott,  of  Bartow, 
called  for  the  yeas  and  nays. 

There  are  yeas  79;  there  are  nays  182. 

Those  who  voted  in  the  affirmative  are  Messrs.: 

Alexander  of  Pike,  Boyd, 

T)  Burts, 

Barnes,  tj     i 

Barnett,  ' 

Bethune,  Callaway, 

Bivins,  Christy, 

Black  of  Screven,  Clark, 

Black  of  Walker,  Clements, 

Bower,  Cureton, 


Journal  of  the  Convention  of  1865 


149 


Dickey, 

Dixon, 

Dorsey, 

Douglass, 

Doyal, 

Dowda, 

Dupree, 

Ellington  of  Clayton, 
Ellington  of  Gilmer, 
England, 

Freeman, 
Eraser, 

Gunnels, 

Goode  of  Pickens, 

Glover, 

Hill  of  Morgan, 
Hopkins, 
Howard  of  Cass, 
Hansell, 

Harris  of  Clark, 
Harlan, 

Johnson  of  Campbell, 

Kirksey, 

Kenan, 

King  of  Richmond, 

Logan  of  Dawson, 

Middleton, 

Monroe, 

Manning, 

Marler, 

McCutchen, 


McDuffie  of  Marion, 
Merrill, 

Pafford, 

Parrott, 

Parker  of  Murray, 

Park, 

Patton, 

Penland, 

Powell, 

Puckett, 

Quillian, 

Riley  of  Taylor, 
Riley  of  Lumpkin, 

Saffold, 

Scott, 

Sharpe, 

Singleton, 

Strickland, 

Taliaferro, 

Tfhomas  of  Gordon, 

Turk, 

Turner  of  Quitman, 

Turnipseed, 

Underwood, 

Warren  of  Houston, 

Warner, 

Watts, 

Watson, 

W^eaver, 

Williams  of  Ware, 

Willingham, 


150 


Confederate    Records 


Those  who  voted  in  the  negative  are  Messrs. : 


Adair, 

Adams  of  Elbert, 

Adams  of  Putnam, 

Allen, 

Alexander  of  Thomas, 

Anderson  of  Chatham, 

Anderson  of  Cobb, 

Arnold  of  Henry, 

Arnold  of  Walton, 

Ashley, 

Atkinson  of  Troup, 

Bacon, 

Bagley, 

Barksdale, 

Barlow, 

Brassell, 

Baxter, 

Bell  of  Forsyth, 

Bell  of  Webster, 

Blance, 

Blount, 

Bowen, 

Brady, 

Brantley, 

Brewer, 

Brewton  of  Bulloch, 

Brightwell, 

Cabaniss, 

Cameron, 

Candler, 

Chappell, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Cohen, 

Cole, 

Colley, 


Cook, 

Crawford  of  Decatur, 

Crawford  of  Greene, 

Cumming, 

Cutts, 

Davis  of  Floyd, 

Davis  of  Jackson, 

Dailey, 

DeGraffenreid, 

Dorminy, 

Dunn, 

Edwards, 

Fowler, 

Felton, 

Floyd, 

Grant, 
Gordon, 

Gillis, 

Gibson, 

Giles, 

Goode  of  Houston, 

Henry, 

Herri  ag. 

Home, 

Hill  of  Troup, 

Holt  of  Bibb, 

Humber, 

Hudson  of  Schley, 

Hudson  of  Brooks, 

Hudson  of  Wilkinson, 

Holme3, 

Harris  of  Taliaferro, 

Harris  of  Hancock, 

Hook, 

Highsmith, 


Journal  of  the  Convention  of 


1865 


151 


Hanunond, 

Howard  of  Towns, 

Hopps, 

Hand, 

Hays, 

Hnie  of  Clayton, 

Hnie  of  Fayette, 

Harvey, 

Hood, 

Hail, 

Irwin, 

Jackson, 

Jenkins, 

Johnson  of  Clark, 

Johnson  of  Heard, 

Johnson  of  Spalding, 

Johnson  of  Wilcox, 

Jones  of  Columbia, 

Jones,  M.  D.  of  Burke, 

Jones,  R.  T.  of  Burke, 

Jordan, 

Kelley, 

King  of  Greene, 

King  of  Rabun, 

Kinibro, 

Knight, 

McLeod, 

Moore  of  Floyd, 

Moore  of  "Webster, 

Morel, 

Morgan, 

Murphry 

Mallard, 

Maples, 

Martin  of  Carroll, 

Martin  of  Echols, 

Martin  of  Habersham, 


Matthews  of  Upson, 

Matthews  of  Washington, 

Mattox, 

McCroan, 

McCrary, 

McDamel, 

McDuffie  of  Pulaski, 

McGregor, 

Mclntyre, 

McRae  of  Telfair, 

Nash, 

Neal, 

Newsom, 

Nichols, 

Norman, 

Parker  of  Johnson, 
Paulk, 
Pendleton, 
Perry, 

Rawls, 

Redding, 

Reese. 

Reynolds, 

Richardson, 

Ridley  of  Troup, 

Ridley  of  Jones, 

Roberts  of  Dooly, 

Roberts  of  Warren, 

Robinson  of  Early, 

Robinson  of  Laurens, 

Rogers  of  Gordon, 

Rouse, 

Rumph, 

Sale, 
Scruggs, 
Seward, 
Scarlett, 


152 


Confederate    Records 


Shannon, 

Sliarman, 

Simmons  of  Gwinnett, 

Simmons  of  Crawford, 

Skelton, 

Smith  of  Bryan, 

Smith  of  Coweta, 

Sorrels, 

Stapleton, 

Stephens  of  Taliaferro, 

Stewart, 

Thompson  of  Jackson, 

Thompson  of  Haralson, 

Thomas, 

Tison, 

Trice, 

Turner  of  Campbell, 

Walker  of  Carroll, 
Walker  of  Richmond, 
Warren  of  Pulaski, 


Watkins, 

Ware, 

Whitaker, 

Whelehel, 

Winn, 

Williams  of  Baker, 

Williams  of  Bryan, 

Williams  of  Muscogee, 

Williiims  of  Haralson, 

Williams  of  Harris, 

Wimberly, 

Womack, 

Wootten  of  DeKalb, 

AVooton  of  Terrell, 

Wright  of  Coweta, 

Wright  of  Do^igherty, 

Wi'ight  of  Emanuel, 

Young, 

Zacherv. 


So  the  motion  to  reconsider  was  lost. 

Mr.  Hansel!  moved  that  the  Messenger  be  authorized 
to  appoint  an  assistant. 

Agreed  to. 

The  Convention  then  took  recess  till  3:30  P.  M. 


3:30  o'clock,  p.  m. 

The  Convention  re-assembled  at  the  hour  appointed. 

The  rule  having  been  suspended,  Mr.  Black  of  Screven, 
called  up  the  resolution  relative  to  selecting  seats  of 
members,  and  the  amendment  of  Mr.  Reynolds  having 
been  adopted,  some  time  was  occupied  in  drawing  seats. 


Journal  of  the  Convention  of  1865  153 

Mr.  E.  N.  Atkinson,  delegate  elect  from  Camden,  ap- 
peared and  was  duly  qualified. 

Mr.  Parrott,  of  Bartow,  moved  to  increase  the  Com- 
mittee of  Sixteen  by  the  addition  of  other  delegates.  Lost. 

Mr.  Hill  moved  to  adjourn.     Lost. 

The  consideration  of  the  ordinance  to  establish  Con- 
gressional Districts  and  to  provide  for  certain  elections, 
was  resumed,  when  Mr.  Dupree,  of  Twiggs,  moved  a  post- 
ponement, which  was  lost. 

Mr.  Hill,  of  Morgan,  proposed  the  following  amend- 
ment: 

''An  election  shall  be  held  at  the  several  precincts  in 
this  State,  on  the  15th  day  of  November  next,  for  a  Gov- 
ernor, members  of  the  Legislature  and  seven  members 
of  Congress,  according  to  the  rules  and  regulations  pro- 
vided by  the  Code  of  1860,  except  that  there  shall  be 
chosen  only  forty-four  Senators,  by  districts  composed 
as  follows,  to-wit: 

District  No. 

1.  The  counties  of  Chatham,  Bryan  and  Effingham. 

2.  Liberty,  Tatnall  and  Mcintosh. 

3.  Wayne,  Pierce  and  Appling. 

4.  Glynn,  Camden  and  Charlton. 

5.  Coffee,  Ware  and  Clinch. 

6.  Echols,  Lowndes  and  Berrien. 

7.  Brooks,  Thomas  and  Colquitt. 

8.  Decatur,  Mitchell  and  Miller. 

9.  Early,  Calhoun  and  Baker. 
10.  Dougherty,  Lee  and  Worth. 


154  Confederate    Records 

11.  Clay,  Randolph  and  Terrell. 

12.  Stewart,  Webster  and  Quitman. 

13.  Sumter,  Schley  and  Macon. 

14.  Dooly,  Wilcox  and  Pulaski. 

15.  Montgomery,  Telfair  and  Irwin. 

16.  Laurens,  Johnson  and  Emanuel. 

17.  Bulloch,  Screven  and  Burke. 

18.  Richmond,  Glascock  and  Jefferson. 

19.  Taliaferro,  Warren  and  Greene. 

20.  Baldwin,  Hancock  and  Washington. 

21.  Twiggs,  Wilkinson  and  Jones. 

22.  Bibb,  Monroe  and  Pike. 

23.  Houston,  Crawford  and  Taylor. 

24.  Marion,  Chattahoochee  and  Muscogee. 

25.  Harris,  Upson  and  Talbot. 

26.  Spalding,  Butts  and  Fayette. 

27.  Newton,  Walton  and  Clarke. 

28.  Jasper,  Putnam  and  Morgan. 

29.  Wilkes,  Lincoln  and  Columbia. 

30.  Oglethorpe,  Madison  and  Elbert. 

31.  Hart,  Franklin  and  Habersham. 

32.  Wliite,  Lumpkin  and  Dawson. 

33.  Hall,  Banks  and  Jackson. 

34.  Gwinnett,  DeKalb  and  Henry. 

35.  Clayton,  Fulton  and  Cobb. 

36.  Meriwether,  Coweta  and  Campbell. 

37.  Troup,  Heard  and  Carroll. 

38.  Haralson,  Polk  and  Paulding. 

39.  Cherokee,  Milton  and  Forsyth. 

40.  Union,  Towns  and  Rabun. 

41.  Fannin,  Gilmer  and  Pickens. 


Journal  op  the  Convention  of  1865  155 

42.  Cass,  Floyd  and  Chattooga. 

43.  Murray,  Wliitfield  and  Gordon. 

44.  Walker,  Dade  and  Catoosa. 

And  one  representative  only  for  each  county,  except 
the  counties  of  Bartow,  Bibb,  Burke,  Carroll,  Chatham, 
Cherokee,  Clarke,  Cobb,  Columbia,  Coweta,  Decatur, 
Floyd,  Fulton,  Gordon,  Greene,  Gwinnett,  Hall,  Hancock, 
Harris,  Henry,  Houston,  Jackson,  Meriwether,  Monroe, 
Muscogee,  Newton,  Oglethorpe,  Richmond,  Stewart,  Sum- 
ter, Talbot,  Thomas,  Troup,  Walker,  Walton,  Washing- 
ton, Whitfield,  for  each  of  which  shall  be  chosen  two 
representatives. 

That  the  said  Governor  shall  hold  his  office  from  the 
day  of  his  inauguration  until  the  Friday  after  the  first 
Wednesday  in  November,  1866,  and  the  members  of  the 
Legislature  shall  be  chosen  to  serve  until  the  first  Wed- 
nesday in  November,  1866." 

Mr.  Seward,  of  Thomas,  called  the  previous  question, 
which  being  sustained,  the  vote  was  taken  upon  the  pas- 
sage of  the  ordinance  as  reported  by  the  committee; 
upon  which  Mr.  Parrott  required  the  yeas  and  nays  to  be 
recorded. 

There  were  yeas  234;  there  were  nays  34. 
Those  voting  in  the  affirmative  were  Messrs. : 

Adair,  Anderson  of  Chatham, 

Adams  of  Elbert,  Anderson  of  Cobb, 

Adams  of  Putnam,  Arnold  of  Walton, 

Allen,  Arnold  of  Henry, 

Alexander  of  Pike,  Ashley, 

Alexander  of  Thomas,  Atkinson  of  Troup, 


156 


Confederate    Records 


Atkinson  of  Camden, 

Cook, 

Covington, 

Bacon, 

Crawford  of  Decatur, 

Bagley, 

Crawford  of  Greene, 

Barksdale, 

Cumming, 

Barlow, 

Cutts, 

Barnett, 

Bassell, 

Dart, 

Baxter, 

Davis  of  Floyd, 

Bell  of  Forsyth, 

Davis  of  Jackson, 

Bell  of  Webster, 

Dailey, 

Bethune, 

DeGraffenreid, 

Bivins, 

Dickson, 

Blance, 

Dorminey, 

Black  of  Screven, 

Dorsey, 

Black  of  Walker, 

Douglass, 

Bower, 

Driver, 

Bowers, 

DuBose, 

Blount, 

Dunn, 

Bowen, 

Dupree, 

Brady, 
Brantley, 

Ellington  of  Clayton, 
Edwards, 

Brewer, 

Brewton  of  Bulloch, 

Fowler, 

Brewton  of  Ware, 

Freeman, 

Brightwell, 

Eraser, 

Bush, 

Felton, 

Cabaniss, 

Floyd, 

Callaway, 

Grant, 

Cameron, 

Gordon, 

Candler, 

Gillis, 

Chandler, 

Gibson, 

Chappell, 

Gunnels, 

Christy, 

Giles, 

Clements, 

Goode  of  Houston, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Henry, 

Cohen, 

Home, 

Cole, 

Hill  of  Troup, 

JOUKNAL   OF   THE    CONVENTION    OF    1865 


157 


Holt  of  Bibb, 

Hopkins, 

Herring, 

Humber, 

Hudson  of  Schley, 

Hudson  of  Brooks, 

Hudson  of  Wilkinson, 

Holmes, 

Harris  of  Hancock, 

Hook, 

Highsmilli, 

Hammond, 

Howard  of  Towns, 

Hopps, 

Hand, 

Hays, 

Huie  of  Clayton, 

Huie  of  Fayette, 

Hansell, 

Harris  of  Clark, 

Harvey, 

Hood, 

Hail, 

Irwin, 

Jackson, 
Jenkins, 

Johnson  of  Campbell, 
Johnson  of  Heard, 
Johnson  of  Wilcox, 
Jones  of  Columbia, 
Jones,  M.  D.  of  Burke, 
Jones,  R.  T.  of  Burke, 

Kelley, 

Kirklen, 

Kirksey, 

Kenan, 

King  of  Greene, 


King  of  Rabun, 
King  of  Richmond, 
Kimbro, 
Knight, 

Lamar, 
Lasseter, 
Lawson, 
Lawrence, 
Lewis  of  Dooly, 
Lewis  of  Greene, 
Logan  of  "^^lite, 
Logan  of  Bibb, 
Lloyd, 
Lutfman, 

McLeod, 

Middleton, 

McDaniel, 

Moore  of  Floyd, 

Moore  of  Webster, 

Morel, 

Morgan, 

Morris, 

Murphry, 

Mallard, 

Manning, 

Maples, 

Martin  of  Echols, 

Martin  of  Habersham, 

Matthews  of  Oglethorpe, 

Matthews  of  Upson, 

Matthews  of  Washington 

Mattox, 

McCrary, 

McCroan, 

McDuffie  of  Marion, 

McDuffie  of  Pulaski, 

McGregor, 

Mclntyro, 


158 


CONFEDEKATE     ReCORDS 


]\IeRae  of  Montgomery, 
McKae  of  Telfair, 

Nash, 

Neal, 

Newsom, 

Nicliols, 

Norman, 

Pafford, 

Parker  of  Johnson, 

Parker  of  Murray, 

Park, 

Paulk, 

Pendleton, 

Penland, 

Puckett, 

Eawls, 

Redding, 

Reese, 

Reynolds, 

Richardson, 

Ridley  of  Troup, 

Ridley  of  Jones, 

Riley  of  Taylor, 

Roberts  of  Dooly, 

Roberts  of  A¥arren, 

Roberts  of  Echols, 

Robinson  of  Early, 

Robinson  of  Laurens, 

Rogers  of  Gordon, 

Rogers  of  Milton, 

Rouse, 

Rumph, 

Sale, 

Scruggs, 

Scott, 

Seward, 

Scarlett, 


Sharp, 

Shannon, 

Sharman, 

Shockley, 

Simmons  of  Gwinnett, 

Simmons  of  Crawford, 

Singleton, 

Skelton, 

Smith  of  Coweta, 

Sorrels, 

Stapleton, 

Stephens  of  Taliaferro, 

Stewart, 

Taliaferro, 

Thompson  of  Jackson, 

Thompson  of  Haralson, 

Thomas, 

Tison, 

Tucker, 

Turk, 

Turner  of  Campbell, 

Turner  of  Quitman, 

Turnipseed, 

Walker  of  Richmond, 

Warren  of  Pulaski, 

Warren  of  Houston, 

Warner, 

Ware, 

Watts, 

Watson, 

Wlii  taker, 

Whelchel, 

Winn, 

Williams  of  Baker, 

Williams  of  Bryan, 

Williams  of  Muscogee, 

Williams  of  Haralson, 

Williams  of  Harris, 


Journal,  of  the  Convention  of  1865 


159 


Williams  of  Ware, 

Willingham, 

Wimberly, 

Womack, 

Wootten  of  DeKalb, 

Wootten  of  Terrell, 


Wright  of  Coweta, 
Wright  of  Dougherty, 
Wright  of  Emanuel, 

Young, 

Zachery. 


Those  voting  in  the  negative  were  Messrs.: 


Barnes, 

Boyd, 

Burts, 

Dickey, 

Doyal, 

Dowda, 

Ellington  of  Gilmer, 
England, 

Goode  of  Pickens, 

Glover, 

Graham, 

Hill  of  Morgan, 
Howard  of  Bartow, 
Harlan, 

Johnson  of  Spalding, 
Jordan, 


Monroe, 

Martin  of  Carroll, 

McCutchen, 

Merrill, 

Parrott, 
Powell, 

Quillian, 

Riley  of  Lumpkin, 

Saffold, 
Strickland, 

Thompson  of  Gordon, 

Underwood, 

Walker  of  Carroll, 

Watkins, 

Weaver, 

Wikle. 


Logan  of  Dawson, 

So  the  ordinance  was  adopted. 


Mr.  Jenkins  moved  that  1,500  copies  of  the  ordinance, 
with  the  tabular  statement  accompanying  it,  be  printed 
for  equal  distribution  among  the  members  of  the  con- 
vention. 


160  Confederate    Records 

Mr.  Kenan  moved  to  amend  by  striking  out  "1500" 
and  inserting  "5000,"     Lost. 

The  resolution  of  Mr.  Jenkins  was  then  adopted. 

Mr.  Chappel],  of  Muscogee,  introduced  the  following 
resolution,  which,  under  the  rule,  lies  over: 

Resolved,  That  the  following  be  adopted  as  a  rule  of 
this  Convention,  in  lieu  of  the  existing  rule  on  the  sub- 
ject: The  yeas  and  nays  of  the  members  of  this  Con- 
vention, on  any  question,  shall  be  entered  on  the  jour- 
nals at  the  desire  of  one-fifth  of  the  members  present, 
and  not  of  a  less  number. 

Mr.  Wright,  of  Coweta,  introduced  the  folowing  reso- 
lution : 

Resolved,  That  Ex-Gov.  Joseph  E.  Brown,  Hon.  B. 
H.  Hill,  Hon.  R.  P.  Trippe,  Hon.  H.  V.  M.  Miller  and 
Gen.  A.  R.  Wright  be  tendered  seats  in  this  hall. 

Adopted. 

Mr.  Lewis,  of  Greene,  introduced  the  following  reso- 
lution : 

Resolved,  That  the  Secretary  of  this  Convention  be 
authorized  to  employ  three  clerks  to  aid  him  in  the  dis- 
charge of  the  duties  of  his  office. 

Which  was  adopted. 

Mr.  Crawford,  of  Greene,  moved  to  tender  the  use  of 
this  Hall  to  Gen.  Tilson,  U.  S.  A.,  of  the  Freedmen's 
Bureau,  to-morrow  night,  and  to  invite  him  to  address 
the  members  of  the  Convention. 

The  Convention  then  adjourned  till  9:30  A.  M.  to- 
morrow. 


Journal  of  the  Convention  of  1865  161 

FRIDAY,  OCTOBER  27th,  1865, 

9:30  O'CLOCK,  A.  M. 


The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  of  this  city,  the  roll 
was  called,  and  the  Journal  of  yesterday  read. 

Mr.  Hill,  of  Morgan,  moved  to  reconsider  the  reso- 
lution authorizing  the  Secretary  to  appoint  three  clerks, 
passed  yesterday. 

The  motion  to  reconsider  was  lost. 

Mr.  Chappell  moved  to  take  up  the  resolution  chang- 
ing the  rules  of  the  Convention.  It  was  taken  up,  read 
and  adopted. 

Mr.  Barnes  offered  a  resolution  that  the  delegates 
of  this  Convention  may,  without  disrespect,  sit  covered 
during  the  deliberations  of  this  body.     Lost. 

Mr.  Barnes,  of  Columbia,  offered  the  following  reso- 
lution : 

Resolved  That  the  President  of  this  Convention  be 
authorized  to  appoint  two  Standing  Committees,  to  con- 
sist of  five  delegates  each,  to  be  known  as  the  Commit- 
tee on  Enrollment  and  the  Auditing  Committee. 

Adopted. 

The  following  delegates  constitute  said  Committees  by 
appointment  of  the  President,  viz. : 

On  Enrollment— Messrs.  Barnes  of  Columbia,  Lewis 
of  Greene,  Hammond  of  Fulton,  Black  of  Screven,  Mat- 
thews of  Washington. 

Auditing  Committee— Messrs.   Matthews  of  Upson, 


162  Confederate    Records 

Eeynolds  of  Newton,  Blount  of  Jones,  Blance  of  Polk, 
Ware  of  Pierce. 

The  following  delegates  were  appointed  by  the  Presi- 
dent a  committee  under  the  resolution  of  Mr.  Anderson 
of  Chatham,  adopted  yesterday,  to  petition  the  Presi- 
dent of  the  United  States  to  pardon  Jefferson  Davis, 
Alexander  H.  Stephens,  and  others,  to-wit: 

Messrs,  Anderson  of  Chatham,  Cook  of  Macon,  Mat- 
thews of  Oglethorpe,  Satfold  of  Morgan,  Hook  of  Wash- 
ington. I 

Mr.  Hansell  asked  leave  of  absence  for  Mr.  Harris 
of  Worth,  on  account  of  sickness.     Granted. 

The  following  communication  was  received  from  His 
Excellency  the  Provisional  Governor,  and  on  motion  of 
Mr.  Kenan  was  taken  up  and  read. 

(See  page  47.) 

Mr.  Hill  of  Morgan,  moved  to  refer  the  message  and 
accompanying  document  to  the  committee  of  sixteen. 

Agreed  to. 

Mr.  Jenkins,  Chairman  of  the  committee  of  sixteen, 
asked  leave  of  absence  for  said  committee  at  such  times 
as  they  desire,  during  the  sitting  of  the  Convention. 

Granted. 

Mr.  Hill  of  Morgan,  gave  notice  that  he  would  not 
move  to  reconsider  the  vote  by  which  the  ordinance  to 
repeal  certain  ordinances  and  resolutions  therein  men- 
tioned heretofore  passed  by  the  people  of  the  State  of 
Georgia  in  convention,  was  passed,  as  announced  yes- 
terday. ^ 


JOUENAL.  OF   THE   CONVENTION   OF   1865  163 

Mr.  Dupree  offered  the  following  resolution,  which 
was  on  motion  of  Mr.  Jenkins,  referred  to  the  committee 
of  sixteen: 

Resolved,  That  a  commission  consisting  of  two  per- 
sons be  appointed  by  His  Excellency  the  Provisional 
Governor  of  Georgia,  to  prepare  and  report  to  the  next 
Legislature  what  laws  will  be  necessary  and  proper  in 
consequence  of  the  alteration  made  in  the  fundamental 
law,  and  especially  to  prepare  and  submit  a  mode  for 
the  regulation  of  labor,  and  the  protection  and  govern- 
ment of  the  colored  population  of  this  State,  and  that  the 
Legislature  fix  the  compensation  of  said  commission. 

Mr.  Goode  of  Houston,  introduced  the  following  ordi- 
nance, which  on  his  motion  was  read  and  referred  to 
the  committee  of  sixteen: 

AN  ORDINANCE. 

To  ratify  certain  laws  past  and  judgments  rendered  since 
the  passage  of  the  Ordinance  of  Secession,  to  pro- 
vide for  the  introduction  of  parole  evidence  to  as- 
certain the  consideration  of  certain  contracts,  and 
for  other  purposes  therein  mentioned. 
Be  it  or  darned,  That  all  laws  which  have  been  passed 
by  the  several  legislatures  of  the  State  of  Georgia,  since 
the  passage  of  the  Ordinance  of  Secession,  not  inconsist- 
ent with  the  Constitution  of  the  United  States,  or  the  Con- 
stitution of  the  State  of  Georgia,  as  said  Constitution 
existed  on  the  19th  day  of  January,  1861,  and  which 
have  not  expired  by  their  own  limitations,  except  laws 
relating  to  crimes  and  laws  affecting  slaves,  be  and  the 
same  are,  hereby  ratified  and  declared  of  full  force  and 
dignity. 


164  Confederate    Records 

Sec.  2.  A7id  be  it  further  ordained,  That  all  official 
acts  and  proceedings,  judgments,  decrees  and  orders,  of 
the  several  courts  of  law  and  equity  of  this  State,  ren- 
dered since  the  passage  of  the  ordinance  of  secession, 
and  all  marriages  solemnized  since  the  passage  of  said 
ordinance,  be,  and  the  same  are  hereby,  ratified  and  de- 
clared as  valid  and  binding  as  if  said  ordinance  had  not 
passed. 

Sec.  3.  And  he  it  further  ordained,  That  parole  tes- 
timony shall  be  admissible  in  all  courts  of  law  and 
equity  in  this  State,  to  show  the  consideration  of  all 
unexecuted  contracts  made  and  entered  into  since  the 
passage  of  the  ordinance  of  secession,  and  the  value  of 
the  same,  and  also  to  show  whether  it  was  tlie  inten- 
tion of  the  contracting  parties  that  the  money  called  for 
by  said  contracts  was  to  be  paid  in  specie  or  in  a  par- 
ticular currency. 

Mr.  Saffold  moved  to  take  up  the  message  of  His 
Excellency  the  Provisional  Governor,  and  that  the  same 
be  referred  to  the  committee  of  sixteen,  which  was 
agreed  to. 

Mr.  Ridley  of  Troup,  from  the  committee  of  sixteen, 
moved  that  said  committee  be  allowed  to  appoint  a  clerk. 

Agreed  to. 

Mr.  Lemuel  J.  Allred,  of  the  county  of  Pickens,  was 
duly  qualified  as  assistant  Messenger  to  the  Convention. 

Mr.  Doyal  introduced  the  following  ordinance  and 
moved  that  it  be  referred  to  the  committee  of  sixteen : 


Journal  of  the  Convention  of  1865  165 

AN  ORDNINACE. 

For  the  exemption  of  certain  property  from  levy  and 
sale. 

Be  it  ordained  hy  the  people  of  Georgia,  in  conven- 
tion assembled,  That  the  following  property  of  every 
debtor  who  is  the  head  of  a  family,  shall  be  exempt 
from  levy  and  sale,  by  virtue  of  any  process  under  the 
law  of  this  State;  and  the  same  shall  remain  for  the  use 
and  benefit  of  the  family  of  such  debtor,  to-wit:  one 
hundred  acres  of  land,  including  the  dwelling  house  and 
other  improvements;  provided,  the  said  land  shall  not 
derive  its  chief  value  from  any  other  cause  than  its 
adaption  to  agricultural  purposes ;  or  in  lieu  of  the  above 
land,  real  estate  in  any  city,  town  or  village,  not  exceed- 
ing three  hundred  dollars  in  value.  Two  horses  or  mules, 
two  cows  and  calves,  twenty  head  of  hogs,  and  provis- 
ions for  the  family  for  twelve  months;  all  of  his  or  her 
household  and  kitchen  furniture  and  plantation  tools; 
one  loom,  two  spinning  wheels,  two  pair  of  cards  and 
one  hundred  pounds  of  lint  cotton ;  cooking  utensils,  com- 
mon tools  of  trade,  of  himself  and  famil}^  one  buggy  or 
carriage,  one  wagon  and  harness,  the  libraries  of  pro- 
fessional men,  wearing  apparel  of  himself  and  family, 
family  Bible  and  religious  and  school  books,  and  family 
portraits,  and  such  other  property  as  the  Legislature 
may  prescribe.  Every  debtor  claiming  the  benefit  of 
this  ordinance  shall  make  out  a  schedule  of  the  property 
so  exempted,  and  have  the  same  recorded  in  the  office 
of  the  Clerk  of  the  Superior  Court,  and  when  the  sched- 
ule is  so  filed  the  onus  shall  be  on  the  creditor  to  show 
that  the  debtor  owns  other  property  than  that  named 
in  said  schedule. 


166  Confederate   Records 

If  the  debtor  shall  own  more  land  or  real  estate  than 
is  exempted  by  this  ordinance,  the  rule  for  ascertaining, 
surveying  and  setting  apart  the  same  shall  be  that  pre- 
scribed by  the  present  Code  of  Georgia. 

Any  officer  levying  and  selling,  or  any  creditor  point- 
ing out  any  property  exempt  from  levy  and  sale  under 
this  ordinance,  knowing  the  same  to  be  exempt,  shall  be 
guilty  of  a  trespass;  and  the  debtor  may  institute  an 
action  and  recover  from  said  levying  officer  or  creditor 
double  the  value  of  the  property  so  levied  on  and  sold. 

The  debtor  shall  have  no  power  to  alienate  or  en- 
cumber any  of  the  property  exempt  under  this  ordinance, 
but  the  same  may  be  sold  under  an  order  of  the  presid- 
ing Judge  of  the  Superior  Court  of  the  Circuit  where 
the  property  may  be  and  the  proceeds  thereof  invested 
in  other  property,  or  appropriated  to  the  use  of  the 
family  of  said  debtor;  and  the  said  judge  shall  have  the 
power,  and  it  shall  be  his  duty  to  pass  such  order,  either 
at  chambers  or  in  term,  as  will  effectually  secure  said 
property  so  exempted  to  the  use  and  benefit  of  the  fam- 
ily of  the  debtor;  and  at  the  death  of  said  debtor  said 
property  so  exempted  under  this  ordinance  shall  be  for 
the  use  of  the  wife,  if  any,  during  her  natural  life,  and 
at  her  death  to  be  equally  divided  between  her  children 
under  the  age  of  eighteen  years,  if  any,  if  not,  to  chil- 
dren over  that  age,  or  on  failure  of  children,  to  the  next 
of  kin. 

On  motion  of  Mr.  Cochran,  it  was  after  being  read 
the  second  time,  laid  on  the  table. 

Hon.  Lewis  Solomon,  delegate  elect  from  the  county 
of  Twiggs,  appeared  and  was  duly  qualified. 


Journal  of  the  Convention  of  1865  167 

On  motion  of  Mr.  Cohen,  the  Convention  took  a  re- 
cess until  3:30  o'clock  this  evening. 

3:30  O'clock,  P.  M. 

The  Convention  re-assembled  at  the  hour  appointed. 
Mr.  Howard  of  Bartow,  introduced  the  following  or- 
dinance : 

AN  ORDINANCE. 

To  prevent  the  le\^"  or  sale  of  the  property  of  debtors 
until  the  adjournment  of  the  next  Legislature. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  there  shall  be  no  levy  or  sale  of 
property  of  debtors  under  any  execution,  precept  or  or- 
der, except  where  debtors  have  or  are  absconding,  or  re- 
moving, or  about  to  remove  without  the  limits  of  any 
county,  until  the  adjournment  of  the  next  Legislature. 

2.  Be  it  further  ordained.  That  any  officer,  or  other 
person,  violating  this  ordinance,  shall  be  liable  to  be 
punished  by  fine  at  the  discretion  of  the  Superior  Court. 

This  ordinance  was  read  second  time,  and  referred 
to  a  special  committee  of  three,  composed  of  Messrs.  Par- 
rott,  Floyd  and  Hill  of  Morgan. 

Mr.  Luffman  of  Murray,  introduced  the  following 
ordinance : 

AN   ORDINANCE. 

To  declare  void  certain  liabilities  of  indebtedness,  created 
by  the  State  of  Georgia,  since  the  1st  day  of  Janu- 
ary, 1861. 
Be  it  therefore  ordained  by  the  State  of  Georgia  in 


168  Confederate   Becords 

Convention  assembled,  That  all  State  securities  and  lia- 
bilities  of  indebtedness,  of  whatever  character  that  may 
have  been  created  by  the  State,  to  aid  in  the  prosecution, 
directly  or  indirectly,  of  the  late  war  against  the  United 
States  of  America,  be,  and  the  same  are,  hereby  declared 
void. 

Mr.  Blance,  of  Polk,  moved  to  lay  it  on  the  table  for 
the  balance  of  the  session. 

Mr.  Shockley,  of  Columbia,  moved  to  refer  this  ordi- 
nance to  the  committee  of  sixteen. 

Mr.  Wright  of  Coweta,  moved  to  refer  to  a  select 
committee  of  seven. 

Mr.  Blance  withdrew  his  motion  to  lay  on  the  table, 
and  Mr.  Shockley  having  withdrawn  his  motion,  it  was 
renewed  by  Mr.  Hansell,  and  the  ordinance  was  referred 
to  the  committee  of  sixteen. 

Mr.  Jenkins,  Chairman  of  the  committee  of  sixteen, 
reported  two  articles  of  the  Constitution,  which  were 
read  the  first  time,  and  were  as  folows: 

THE  CONSTITUTION 

OF     THE 

STATE    OF   GEORGIA. 


ARTICLE   I. 

Declaration  of  Rights. 

1.     Protection  to  person  and  property  is  the  duty  of 
government. 


JOUKNAL  OF  THE   CONVENTIOlSr   OF   1865  169 

2.  No  person  shall  be  deprived  of  life,  liberty  or 
property,  except  by  due  process  of  law. 

3.  The  writ  of  habeas  corpus  shall  not  be  suspended 
unless  in  case  of  rebellion,  or  invasion,  the  public  safety 
may  require  it. 

4.  A  well  regulated  militia,  being  necessary  to  the 
security  of  the  State,  the  right  of  the  people  to  keep  and 
bear  arms,  shall  not  be  infringed. 

5.  Perfect  toleration  of  religious  sentiment,  be  and 
the  same  is  hereby  secured,  and  no  inhabitant  of  said 
State  shall  ever  be  molested  in  person  or  property,  on 
account  of  his  or  her  mode  of  religious  worship. 

6.  Freedom  of  speech  and  freedom  of  the  press  are 
inherent  elements  of  political  liberty.  But  while  every 
citizen  may  freely  speak  or  write,  or  print  on  any  sub- 
ject, he  shall  be  responsible  for  the  abuse  of  the  liberty. 

7.  The  right  of  the  people  to  appeal  to  the  courts, 
to  petition  government  on  all  matters  of  legitimate  cog- 
nizance and  peaceably  to  assemble  for  the  consideration 
of  any  matter  of  public  concern  shall  never  be  impaired. 

8.  Every  person  charged  with  an  offense  against  the 
laws  of  the  State  shall  have  the  privilege  and  benefit  of 
counsel,  shall  be  furnished  on  demand  with  a  copy  of  the 
accusation,  and  a  list  of  the  witnesses  on  whose  testi- 
mony the  charge  against  him  is  founded;  shall  have 
compulsory  process  to  obtain  the  attendance  of  his  own 
witnesses;  shall  be  confronted  with  the  witnesses  testi- 
fying against  him,  and  shall  have  a  public  and  speedy 
trial  by  an  impartial  jury. 

9.  No  person  shall  be  put  in  jeopardy  of  life  or  lib- 


170  Confederate   Records 

erty  more  than  once  for  the  same  offence,  save  on  his* 
or  her  own  motion  for  a  new  trial  after  conviction  or  in 
case  of  mistrial. 

10.  No  conviction  shall  work  corruption  of  blood  or 
general  forfeiture  of  estate. 

11.  Excessive  bail  shall  not  be  required,  nor  exces- 
sive tines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

12.  The  power  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  legislative  acts. 

13.  Legislative  acts  in  violation  of  the  Constitution 
are  void,  and  the  judiciary  shall  so  declare  them. 

14.  Ex  post  facto  laws — laws  impairing  the  obliga- 
tion of  contracts,  and  retroactive  laws  injuriously  affect- 
ing any  right  of  the  citizen,  are  prohibited. 

15.  Laws  shall  have  a  general  operation,  and  no  gen- 
eral law  affecting  private  rights  shall  be  varied  in  any 
particular  case  by  special  legislation,  except  with  the 
free  consent,  in  writing,  of  all  persons  to  be  affected 
thereby ;  and  no  person  being  under  a  legal  disability  to 
contract,  is  capable  of  such  free  consent. 

16.  The  power  of  taxation  over  the  whole  State  shall 
be  exercised  by  the  General  Assembly  only  to  raise  reve- 
nue for  the  support  of  the  government,  to  pay  the  public 
debt,  to  provide  for  the  common  defense,  and  for  such 
other  purposes  as  the  General  Assembly  may  be  spe- 
cially required  or  empowered  to  accomplish  by  this  Con- 
stitution. But  the  General  Assembly  may,  by  statute, 
grant  the  power  of  taxation  for  designated  purposes, 
with  such  limitations  as  they  may  deem  expedient,  to 


Journal  of  the  Convention  of  1865  171 

county   authorities,   and   municipal   corporations,   to   be 
exercised  within  their  several  territorial  limits. 

17.  In  cases  of  necessity,  private  ways  may  be 
granted  upon  just  compensation  being  first  paid;  and 
with  this  exception  private  property  shall  not  be  taken, 
save  for  public  use,  and  then  only  on  just  compensation 
to  be  first  provided  and  paid,  unless  there  be  a  pressing, 
unforeseen  necessity;  in  which  event  the  General  Assem- 
bly shall  make  early  provision  for  such  compensation. 

18.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated ;  and  no  war- 
rant shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
or  places  to  be  searched,  and  the  persons  and  things  to  be 
seized. 

19.  The  person  of  a  debtor  shall  not  be  detained  in 
prison,  after  delivery,  for  the  benefit  of  his  creditors  of 
all  his  estate,  not  expressly  exempted  by  law  from  levy 
and  sale. 

20.  The  Government  of  the  United  States  having, 
as  a  war  measure,  proclaimed  all  slaves  held  or  owned 
in  this  State,  emancipated  from  slavery,  and  having  car- 
ried that  proclamation  into  full  practical  effect,  there 
shall  henceforth  be,  within  the  State  of  Georgia  neither 
slavery  nor  involuntary  servitude,  save  as  a  punishment 
for  crime,  after  legal  conviction  thereof;  Provided,  this 
acquiescence  in  the  action  of  the  Government  of  the 
United  States,  is  not  intended  to  operate  as  a  relinquish- 
ment, waiver  or  estoppel  of  such  claim  for  compensation 
of  loss  sustained  by  reason  of  the  emancipation  of  his 


172  CONFEDEKATE     ReCOKDS 

slaves,  as  any  citizen  of  Georgia  may  hereafter  make 
upon  the  justice  and  magnanimity  of  that  Grovernment. 

21.  The  enumeration  of  rights  herein  contained  is  a 
part  of  this  Constitution,  but  shall  not  be  construed  to 
deny  to  the  people  any  inherent  rights  which  they  may 
have  hitherto  enjoyed. 

ARTICLE  II. 
Section  1. 

1.  The  Legislative,  Executive  and  Judicial  Depart- 
ments, shall  be  distinct;  and  each  Department  shall  be 
confided  to  a  separate  body  of  magistracy.  No  person, 
or  collection  of  persons,  being  of  one  Department,  shall 
exercise  any  powers  properly  attached  to  either  of  the 
others,  except  in  cases  herein  expressly  provided. 

2.  The  legislative  power  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  the  members  whereof  shall  be  elected 
and  returns  of  the  elections  made  in  the  manner  now  pre- 
scribed by  law,  (until  changed  by  the  General  Assembly) 
on  the  15th  of  November  in  the  present  year,  and  bien- 
nially thereafter  on  the  first  Wednesday  of  October,  to 
serve  until  their  successors  shall  be  elected ;  but  the  Gen- 
eral Assembly  may,  by  law,  change  the  day  of  election. 

3.  The  first  meeting  of  the  General  Assembly,  under 
this  Constitution,  shall  be  on  the  first  Monday  in  Decem- 
ber next,  after  which,  it  shall  meet  annually  on  the  first 
Thursday  in  November,  or  on  such  other  day  as  the 
General  Assembly  may  prescribe.  A  majority  of  each 
house  shall  constitute  a  quorum  to  transact  business,  but 


JOUKNAL  OF  THE   CONVENTION   OF   1865  173 

a  smaller  number  may  adjourn  from  day  to  day  and  com- 
pel the  attendance  of  its  absent  members,  as  each  House 
may  provide.  No  session  of  the  General  Assembly,  after 
the  first  above  mentioned  shall  continue  longer  than 
forty  days,  unless  prolonged  by  a  vote  of  two-thirds  of 
each  branch  thereof. 

4.  No  person  holding  any  military  commission,  or 
other  appointment,  having  any  emolument  or  compensa- 
tion annexed  thereto,  under  this  State  or  the  United 
States,  or  either  of  them,  (except  Justices  of  the  Inferior 
Courts,  Justices  of  the  Peace,  and  officers  of  the  militia) 
nor  any  defaulter  for  public  money,  or  for  any  taxes  re- 
quired of  him,  shall  have  a  seat  in  either  branch  of  the 
General  Assembly;  nor  shall  any  Senator  or  Representa- 
tive after  his  qualification  as  such,  be  elected  by  the 
General  Assembly,  or  appointed  by  the  Governor  with 
the  advice  and  consent  of  two-thirds  of  the  Senate,  to 
any  office  or  appointment  having  any  emolument  or  com- 
pensation annexed  thereto,  during  the  time  for  which  he 
shall  have  been  elected. 

5.  No  person  convicted  of  any  felony,  before  any 
court  of  this  State,  or  of  the  United  States,  shall  be 
eligible  to  any  office,  or  appointment  of  honor,  profit  or 
trust,  within  this  State,  until  he  shall  have  been  par- 
doned. 

6.  No  person  who  is  a  collector  or  holder  of  public 
money,  shall  be  eligible  to  any  office  in  this  State,  until 
the  same  is  accounted  for  and  paid  into  the  treasury. 


174  Confederate  Recobds  / 

Section  2. 

There  shall  be  forty-four  Senatorial  Districts  in  tue 
State  of  Georgia,  each  composed  of  three  contiguous 
counties,  from  each  of  which  districts  one  Senator  shall 
be  chosen,  until  otherwise  arranged,  as  hereinafter  pro- 
vided. 

The  said  districts  shall  be  constituted  of  counties  as 
follows : 

The  First  District  shall  consist  of  the  counties  of 
Chatham,  Bryan  and  Effingham. 

The  Second,  of  Liberty,  Tattnall  and  Mcintosh. 

The  Third,  of  Wayne,  Pierce  and  Appling. 

The  Fourth,  of  Glynn,  Camden  and  Charlton. 

The  Fifth,  of  Coffee,  Ware  and  Clinch. 

The  Sixth  of  Echols,  Lowndes  and  Berrien. 

The  Seventh,  of  Brooks,  Thomas  and  Colquitt. 

The  Eighth,  of  Decatur,  Mitchell  and  Miller. 

The  Ninth,  of  Early,  Calhoun  and  Baker. 

The  Tenth,  of  Dougherty,  Lee,  and  Worth. 

The  Eleventh,  of  Clay,  Randolph  and  Terrell. 

The  Twelfth,  of  Stewart,  Webster  and  Quitman. 

The  Thirteenth,  of  Sumter,  Schley  and  Macon. 

The  Fourteenth,  of  Dooly,  Wilcox  and  Pulaski. 

The  Fifteenth,  of  Montgomery,  Telfair  and  Irwin. 

The  Sixteenth,  of  Laurens,  Johnson  and  Emanuel. 

The  Seventeenth,  of  Bulloch,  Screven  and  Burke. 

The  Eighteenth,  of  Richmond,  Glascock  and  Jeffer- 
son. 

The  Nineteenth,  of  Taliaferro,  Warren  and  Greene. 

The  Twentieth,  of  Baldwin,  Hancock  and  Washinsr- 
ton. 


Journal  of  the  Convention  of  1865  175 

The  Twenty-First,  of  Twiggs,  Wilkinson  and  Jones. 

The  Twenty-Second,  of  Bibb,  Monroe  and  Pike. 

The  Twenty-Third,  of  Houston,  Crawford  and  Taylor. 

The  Twenty-Fourth,  of  Marion,  Chattahoochee  and 
Muscogee. 

The  Twenty- Fifth,  of  Harris,  Upson  and  Talbot. 

The  Twenty-Sixth,  of  Spalding,  Butts  and  Fayette. 

The  Twenty-Seventh,  of  Newton,  Walton  and  Clarke. 

The  Twenty-Eighth,  of  Jasper,  Putnam  and  Morgan. 

The  Twenty-Ninth,  of  Wilkes,  Lincoln  and  Columbia. 

The  Thirtieth,  of  Oglethorpe,  Madison  and  Elbert. 

The  Thirty-First,  of  Hart,  Franklin  and  Habersham. 

The  Thirty-Second,  of  White,  Lumpkin  and  Dawson. 

The  Thirty-Third,  of  Hall,  Banks  and  Jackson. 

The  Thirty-Fourth,  of  Gwinnett,  DeKalb  and  Henry. 

The  Thirty-Fifth,  of  Clayton,  Fulton  and  Cobb. 

The  Thirty-Sixth,  of  Meriwether,  Coweta  and  Camp- 
bell. 

The  Thirty-Seventh,  of  Troup,  Heard  and  Carroll. 

The  Thirty-Eighth,  of  Haralson,  Polk  and  Paulding. 

The  Thirty-Ninth,  of  Cherokee,  Milton  and  Forsyth. 

The  Fortieth,  of  Union,  Towns  and  Rabun. 

The  Forty- First,  of  Fannin,  Gilmer  and  Pickens. 

The  Forty-Second,  of  Bartow,  Floyd  and  Chattooga. 

The  Forty-Third,  of  Murray,  Whitfield  and  Gordon. 

The  Forty-Fourth,  of  Walker,  Dade  and  Catoosa. 

If  a  new  county  be  established,  it  shall  be  added  to  a 
district  which  it  adjoins.  The  Senatorial  Districts  may 
be  changed  by  the  General  Assembly,  but  only  at  the  first 
session  after  the  taking  of  each  new  census  by  the  United 
States  Government,  and  their  number  shall  never  be  in- 
creased. 


176  Confederate    Records 

2.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  the  age  of  twenty-five  years  and  be  a  citizen 
of  the  United  States,  and  have  been  for  three  years  an 
inhabitant  of  this  State. 

3.  The  Presiding  officer  shall  be  styled  the  President 
of  the  Senate  and  shall  be  elected  viva  voce  from  their 
own  body, 

4.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peaclunents.  When  sitting  for  that  purpose  they  shall 
be  on  oath  or  affirmation,  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members 
present.  Judgment,  in  cases  of  impeachment,  shall  not 
extend  further  than  removal  from  office,  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  profit,  or  trust, 
within  this  State;  but  the  party  convicted  shall,  never- 
theless, be  liable  and  subject  to  indictment,  trial,  judg- 
ment and  punishment  according  to  law. 

Section  3. 

1.  The  House  of  Representatives  shall  be  composed 
as  follows:  the  thirty-seven  counties  having  the  largest 
irep;resentative  population  shall  have  two  Riepresenta- 
tives  each.  Every  other  county  shall  have  one  Repre- 
sentative. The  designation  of  the  counties  having  two 
Representatives  shall  be  made  by  the  General  Assembly 
immediately  after  the  taking  of  each  census. 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-one  years,  and  be  a  citi- 
zen of  the  United  States,  and  have  been  for  three  years 
an  inhabitant  of  this  State,  and  for  one  year  a  resident 
of  the  county  which  he  represents. 


JOUENAL,  OF   THE    CONVENTION   OF    1865  177 

3.  The  presiding  officer  of  the  House  of  Eepresenta- 
tives  shall  be  styled  the  Speaker,  and  shall  be  elected 
viva  voce  from  their  own  body. 

4.  They  shall  have  the  sole  power  to  impeach  all 
persons  who  have  been  or  may  be  in  office. 

5.  All  bills  for  raising  revenue  or  appropriating 
money,  shall  originate  in  the  House  of  Representatives ; 
but  the  Senate  may  propose  or  concur  in  amendments,  as 
in  other  bills. 

Section  4. 

1.  Each  House  shall  be  the  judge  of  the  election  re- 
turns and  qualifications  of  its  own  members;  and  shall 
have  power  to  punish  them  for  disorderly  behavior  or 
misconduct,  by  censure,  fine,  imprisonment  or  expulsion ; 
but  no  member  shall  be  expelled  except  by  a  vote  of  two- 
thirds  of  the  House  from  which  he  is  expelled. 

2.  Each  House  may  punish,  by  imprisonment  not 
extending  beyond  the  session,  any  person  not  a  member, 
who  shall  be  guilty  of  a  contempt,  by  any  disorderly  be- 
havior in  its  presence;  or  who,  during  the  session,  shall 
threaten  injury  to  the  person  or  estate  of  any  member, 
for  anything  said  or  done  in  either  House ;  or  who  shall 
assault  any  member  thereof;  or  who  shall  assault  or 
arrest  any  witness  going  to  or  returning  therefrom;  or 
who  shall  rescue,  or  attempt  to  rescue,  any  person  ar- 
rested by  order  of  either  House. 

3.  The  members  of  both  Houses  shall  be  free  from 
arrest  except  for  treason,  felony,  or  breach  of  the  peace, 
during  their  attendance  on  the  General  Assembly,  and  in 
going  to  and  returning  therefrom;  and  no  member  shall 


178  CONPEDEEATE     ReCORDS 

be  liable  to  answer  in  any  other  place  for  anything  spoken 
in  debate  in  either  House. 

4.  Each  House  shall  keep  a  Journal  of  its  proceed- 
ings, and  publish  them  immediately  after  its  adjourn- 
ment. The  yeas  and  nays  of  the  members  on  any  ques- 
tion shall,  at  the  desire  of  one-fifth  of  the  members  pres- 
ent, be  entered  on  the  Journals.  The  original  Journals 
shall  be  preserved  (after  publication)  in  the  office  of  the 
Secretary  of  State;  but  there  shall  be  no  other  record 
thereof. 

5.  Every  bill,  before  it  shall  pass,  shall  be  read  three 
times,  and  on  three  separate  and  distinct  days  in  each 
House,  unless  in  cases  of  actual  invasion  or  insurrection. 
Nor  shall  any  law  or  ordinance  pass,  which  refers  to  more 
than  one  subject  matter,  or  contains  matter  different 
from  what  is  expressed  in  the  title  thereof. 

6.  All  Acts  shall  be  signed  by  the  President  of  the 
Senate  and  Speaker  of  the  House  of  Representatives; 
and  no  bill,  ordinance  or  resolution,  intended  to  have  the 
effect  of  law,  which  shall  have  been  rejected  by  either 
House  shall  be  again  proposed  under  the  same  or  any 
other  title,  without  the  consent  of  two-thirds  of  the  House 
by  which  the  same  was  rejected. 

7.  Neither  House  shall  adjourn  for  more  than  three 
days,  nor  to  any  other  place,  without  the  consent  of  the 
other;  and  in  case  of  disagreement  between  the  two 
Houses,  on  a  question  of  adjournment,  the  Governor  may 
adjourn  them. 

8.  Every  Senator  and  Representative,  before  taking 
his  seat,  shall  take  an  oath  or  affirmation  to  support  the 
Constitution  of  the  United  States  and  of  this  State ;  and 


Journal  of  the  Convention  of  1865  179 

also,  that  he  hath  not  practiced  any  unlawful  means, 
either  directly  or  indirectly,  to  procure  his  election.  And 
every  person  convicted  of  having  given  or  offered  a  bribe, 
shall  be  disqualified  from  serving  as  a  member  of  either 
House  for  the  term  for  which  he  was  elected. 

9.  Whenever  this  Constitution  requires  an  Act  to  be 
passed  by  two-thirds  of  both  Houses,  the  yeas  and  nays 
on  the  pasage  thereof,  shall  be  entered  on  the  Journals  of 
each. 

Section  5. 

1.  The  General  Assembly  shall  have  power  to  make 
all  laws  and  ordinances  consistent  with  this  Constitution, 
and  not  repugnant  to  the  Constitution  of  the  United 
States,  which  they  shall  deem  necessary  and  proper  for 
the  welfare  of  the  State. 

2.  They  may  alter  the  boundaries  of  counties,  and 
lay  off  and  establish  new  counties ;  but  every  bill  to  estab- 
lish a  new  county  shall  be  passed  by  at  least  two-thirds  of 
the  members  present,  in  each  branch  of  the  General 
Assembly. 

3.  The  General  Assembly  shall  have  power  to  appro- 
priate money  for  the  promotion  of  learning  and  science, 
and  to  provide  for  the  education  of  the  people. 

4.  The  General  Assembly  shall  have  power,  by  a  vote 
of  two-thirds  of  each  branch,  to  grant  pardons  in  cases  of 
final  conviction  for  treason,  and  to  pardon  or  commune 
after  final  conviction  in  capital  cases. 

5.  It  shall  be  the  duty  of  the  General  Assembly  to 
make  laws  to  protect  and  govern  free  persons  of  color; 


180  Confederate    Records 

providing  in  what  cases  their  testimony  shall  be  received; 
to  regulate  their  transactions  with  citizens;  to  regulate 
or  prohibit  their  immigration  into  this  State  from  other 
States  of  the  Union,  or  elsewhere;  to  confer  jurisdiction 
upon  courts  now  existing,  or  that  may  hereafter  be  by 
them  created,  in  criminal  cases,  excepted  from  the  exclu- 
sive jurisdiction  of  the  Superior  Court,  and  in  civil  cases 
whereto  persons  of  color  are  parties,  and  at  its  next  ses- 
sion, and  thereafter  as  the  public  welfare  may  require, 
to  provide  by  law  for  the  protection  and  security  of  the 
persons  and  property  of  the  freedom  of  this  State,  and 
guard  them  and  the  State  against  any  evil  that  may  arise 
from  their  sudden  emancipation. 

Section  6. 

1.  The  General  Assembly  shall  have  no  power  to 
grant  corporate  powers  and  privileges  to  private  com- 
panies, except  to  banking,  insurance,  railroad,  canal, 
plank  road,  navigation,  mining,  express,  lumber,  manu- 
facturing, and  telegraph  companies;  nor  to  make  or 
change  election  precincts;  nor  to  establish  bridges  and 
ferries ;  nor  to  change  names,  or  legitimate  children ;  but 
shall  by  law  prescribe  the  manner  in  which  such  power 
shall  be  exercised  by  the  Courts.  But  no  bank  charter 
shall  be  granted  or  extended,  and  no  Act  passed  author- 
izing the  suspension  of  specie  payment  by  any  chartered 
bank,  except  by  a  vote  of  two-thirds  of  both  branches  of 
the  General  Assembly. 

2.  No  money  shall  be  drawn  from  the  Treasury  of 
this  State,  except  by  appropriation  made  by  law ;  and  a 
regular  statement  and  account  of  the  receipt  and  expend- 


JOUKNAL   OF   THE    CoN\T:NTIOX    OF    1865  181 

iture  of  all  public  money  shall  be  published  from  time 
to  time. 

3.  No  vote,  resolution,  law,  or  order  shall  pass  grant- 
ing a  donation  or  gratuity  in  favor  of  any  person,  ex- 
cept by  the  concurrence  of  two-thirds  of  the  General  As- 
sembly. 

4.  No  law  shall  be  passed  by  which  a  citizen  shall  be 
compelled,  directly  or  indirectly,  to  become  a  stockholder 
in,  or  contribute  to  a  railroad,  or  other  work  of  internal 
improvement,  without  his  consent,  except  the  inhabitants 
of  a  corporate  town  or  city.  This  provision  shall  not  be 
construed  to  deny  the  power  of  taxation  for  the  purpose 
of  making  levees  or  dams  to  prevent  the  overflow  of 
rivers. 

Mr.  Jenkins  moved  that  it  be  taken  up  by  Sections. 

Mr.  Parrott  of  Bartow,  moved  to  lay  it  on  the  table 
for  the  present,  and  that  three  hundred  copies  be  printed. 

Mr.  Roberts  of  Warren,  moved  that  it  be  made  the 
special  order  for  to-morrow,  that  1,500  copies  be  printed, 
and  that  the  Convention  do  now  adjourn  till  9:30  o'clock 
tomorrow  morning. 

Lost. 

Mr.  Simmons  of  Gwinnett,  moved  as  an  amendment 
to  Mr.  Parrott's  motion,  that  the  Secretary  have  printed 
325  copies  of  the  6th  section  of  the  2nd  article,  for  the 
use  of  the  Convention,  which  was  agreed  to. 

Tthe  motion  of  Mr.  Jenkins  was  agreed  to  and  the 
Constitution  was  taken  up  by  Sections  and  acted  upon  as 
follows : 


182  Confederate    Records 

The  1st,  2d,  3d  and  4tli  Sections  of  the  first  article 
were  agreed  to. 

The  fifth  Section  being  under  consideration,  on  motion 
of  Mr.  Crawford  of  Greene,  the  word  ''toleration"  was 
stricken  out,  and  the  word  "freedom"  inserted. 

Mr.  Hill  of  Morgan,  moved  farther  to  amend  by  strik- 
ing out  all  after  the  word  "property"  and  insert  in  lieu 
thereof,  the  words,  "nor  prohibited  from  holding  any 
public  office  or  trust,  on  account  of  his  religious  opinion. ' ' 

Mr.  Simmons  of  Gwinnett,  moved  as  a  substitute  for 
the  Section,  the  following: 

"No  religious  test  shall  be  required  for  the  tenure  of 
any  office,  and  no  religion  shall  be  established  by  law; 
and  no  citizen  shall  be  deprived  of  any  right  or  privilege 
by  reason  of  his  religious  belief."  But  subsequently 
withdrew  it,  and  the  amendment  of  Mr.  Hill  was  adopted. 

Sections  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19, 

20  and  21,  were  agreed  to. 

On  motion  of  Mr.  Seward,  the  convention  adjourned 
till  9 :30  a.  m.  tomorrow. 


SATURDAY  MORNING,  9:30  O'CLOCK. 

The  convention  met  pursuant  to  adjournment  and 
after  prayer  by  Rev.  Mr.  Brooks  of  this  city,  the  journal 
was  read. 

Mr.  Jenkins  asked  that  so  much  of  the  journal  may  be 
reconsidered,  as  refers  to  the  adoption  of  the  8th  clause 


Journal  of  the  Convention  of  1865  183 

of  the  declaration  of  rights,  and  that  said  clause  may  be 
recommitted.     Which  was  adopted. 

Mr.  Parrott,  chairman  of  the  special  committee,  to 
whom  was  referred  an  ordinance  to  prevent  the  levy  and 
sale  of  the  property  of  debtors  under  execution  until  the 
adjournment  of  the  next  session  of  the  Legislature,  re- 
ported the  same  back,  and  recommended  that  the  same 
shall  pass. 

On  his  motion,  the  rule  was  suspended,  and  the  ordi- 
nance taken  up. 

Mr.  Boyd  moved  to  amend  by  adding  after  the  word 
**cost"  the  words  **and  rent"  which  was  lost. 

Mr.  Hill  moved  to  strike  out  the  words  ** until  the 
adjournment  of  the  next  Legislature"  and  insert  in  lieu 
thereof,  the  words  "until  the  Legislature  shall  otherwise 
direct. ' ' 

Mr.  Warner  moved  to  insert  the  word  "levy"  after 
the  word  "no." 

Mr.  Seward  moved  to  amend  by  adding  the  following 
proviso : 

"Provided,  This  ordinance  shall  not  apply  to  judg- 
ments and  executions  hereafter  obtained." 

Withdrawn,  and  on  motion  of  Mr.  Seward  the  ordi- 
nance was  recommitted. 

Mr.  Jenkins  moved  to  suspend  the  rule,  to  allow  him 
to  introduce  the  following,  as  an  additional  rule  of  this 
body: 

Resolved,  That  the  Constitution,  that  may  be  adopted 
by  this  convention,  and  all  ordinances  and  resolutions 


184  Confederate    Records 

passed  shall  be  signed  by  the  President  and  Secretary  of 
the  convention,  which  shall  be  a  sufficient  authentication 
thereof. 

No  ordinance  already  passed  upon  one  reading,  shall 
lack  validity  for  that  reason. 

The  rule  was  suspended,  and  the  resolution  was  intro- 
duced and  read. 

On  motion  of  Mr.  Hansell,  the  rule  requiring  it  to  lie 
over,  was  suspended,  and  the  resolution  as  introduceni 
was  taken  up  and  read  the  second  time  and  adopted. 

Hon.  Robt.  W.  Lovett,  of  the  county  of  Screven,  ap- 
peared, and  after  being  qualified,  took  his  seat. 

Mr.  Williams  of  Muscogee,  introduced  the  following 
ordinance,  which  was  read  twice,  and  referred  to  the 
Committee  of  Sixteen: 


JUDICIAL  DEPARTMENT. 

1,  The  judicial  powers  of  this  State,  shall  be  vested 
in  a  Supreme  Court  for  the  correction  of  errors ;  a  Supe- 
rior Court,  County  Court,  Ordinary  and  Justices  Courts, 
and  in  such  other  courts  as  may  be  established  by  law. 

2.  The  Supreme  Court  shall  consist  of  three  judges, 
who  shall  be  elected  by  the  Legislature  of  this  State,  for 
such  term  of  years  as  shall  be  prescribed  by  law,  and  shall 
continue  in  office  until  their  successors  shall  be  elected 
and  qualified,  removable  by  the  Governor,  on  the  address 
of  two-thirds  of  each  branch  of  the  General  Assembly,  or 
by  impeachment  and  conviction  thereon.  The  Legisla- 
ture shall  so  arrange  the  election  of  said  judges,  that  the 
term  of  one  of  said  judges  shall  expire  at  a  time,  and 


Journal  of  the  Convention  of  1865  185 

shall  elect  liis  successor,  at  such  time  as  they  may  direct, 
prior  to  the  expiration  of  his  term. 

3.  The  said  Supreme  Court,  shall  have  no  original 
jurisdiction,  but  shall  be  a  court  alone  for  the  trial  and 
correction  of  errors  in  law  and  equity  from  the  Superior 
Courts  of  the  several  circuits,  and  shall  sit  at  least  twice 
a  year,  at  a  time  prescribed  by  law,  at  the  seat  of  gov- 
ernment of  this  State,  for  the  trial  and  determination  of 
all  writs  of  error  from  the  said  several  Superior  Courts. 

4.  The  said  Supreme  Court,  shall  dispose  of  and 
finally  determine,  every  case  on  the  docket  of  such  court, 
at  the  first  or  second  term  after  such  writ  of  error 
brought,  and  in  case  the  plaintiff  in  error  shall  not  be 
prepared  at  the  first  term  of  such  court,  after  error 
brought,  to  prosecute  the  case,  unless  precluded  by  some 
providential  cause  from  such  prosecution,  it  shall  be 
stricken  from  the  docket,  and  the  judgment  below,  shall 
stand  affirmed. 

5.  The  judges  of  the  Superior  Courts,  shall  be  elected 
by  the  (jualified  voters  residing  in  the  circuits  in  which 
judges  are  to  serve,  for  the  term  of  four  years,  and 
shall  continue  in  office,  until  their  successors  are  elected 
and  qualified,  removable  by  the  Governor  on  the  address 
of  two-thirds  of  each  branch  of  the  General  Assembly,  or 
by  impeachment  and  conviction  thereon. 

6.  The  Superior  Court  shall  have  exclusive  jurisdic- 
tion on  all  cases  of  divorce,  both  total  and  partial,  but  no 
total  divorce  shall  be  granted,  except,  on  the  concurrent 
verdicts  of  two  special  juries. 

In  each  divorce  case,  the  court  shall  regulate  the  rights 
and  disabilities  of  the  parties. 


186  Confederate   Records 

7.  Tlie  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  respecting  titles  to  land,  which  shall  be 
tried  in  the  county  where  the  land  lies;  and  also,  in  all 
other  civil  causes,  except  such  as  may  be  within  the  juris- 
diction of  the  county  and  Justice's  courts;  also,  in  all 
equity  causes  which  shall  be  tried  in  the  county  where 
one  or  more  of  the  defendants  reside,  against  whom,  sub- 
stantial relief  is  prayed. 

8.  The  Superior  Court  shall  have  appellate  jurisdic- 
tion in  all  such  cases  as  may  be  provided  by  law. 

9.  It  shall  have  the  power  to  correct  errors  in  infe- 
rior judicatories,  by  writ  of  certiorari,  and  to  grant  new 
trial  in  the  Superior  Court,  upon  proper  and  legal 
grounds. 

10.  It  shall  have  the  power  to  issue  writs  of  man- 
damus, prohibition,  scire  facias,  and  all  other  writs  which 
may  be  necessary  for  carrying  its  power  fully  into  effect. 

11.  In  cases  of  joint  obligors  or  joint  promissors,  or 
co-partners,  or  joint  trespassers,  residing  in  the  different 
counties  in  the  State,  the  suit  may  be  brought  in  either 
county. 

12.  In  case  of  a  maker  and  endorser  or  endorsers  of 
promissory  notes,  residing  in  different  counties  in  this 
State,  the  same  may  be  sued  in  the  county  where  the 
maker  resides. 

13.  The  Superior  Court  shall  have  exclusive  juris- 
diction in  all  criminal  cases,  where  the  offence  charged 
in  the  bill  of  indictment  is  capital,  and  also  in  all  cases 
where  the  offence  charged  is  or  may,  or  shall  be  punish- 
able in  the  penitentiary  for  a  term  over  two  years,  and 
in  all  cases  which  subjects  the  offender  or  offenders  to 


'Journal  op  the  Convention  of  1865  187 

the  loss  of  life,  limb  or  member ;  all  which  criminal  cases, 
shall  be  tried  in  the  county  where  the  crime  was  com- 
mitted, except  in  cases  where  a  jury  can  not  be  obtained. 

14.  The  Superior  Court  shall  sit  in  each  county  twice 
in  every  year,  at  such  stated  times  as  have  been,  or  may 
be  appointed  by  the  General  Assembly. 

15.  The  judges  of  the  Superior  courts  shall  have 
salaries  adequate  to  their  services  fixed  by  law,  which 
shall  not  be  diminished  during  their  continuance  in  office, 
but  shall  not  receive  any  other  perquisites  or  emoluments 
whatever,  from  parties  or  others,  on  account  of  any  duty 
required  of  them. 

16.  There  shall  be  a  State's  Attorney  and  Solicitors 
elected  in  the  same  manner  as  the  judges  of  the  Superior 
Court,  and  be  commissioned  by  the  Governor,  who  shall 
hold  their  offices  for  the  term  of  four  years,  or  until  their 
successors  shall  be  elected  and  qualified,  unless  removed 
by  sentence  or  impeachment,  or  by  the  Governor  on  the 
address  of  two-thirds  of  each  branch  of  the  General 
Assembly.  They  shall  have  salaries  adequate  to  their 
services  fixed  by  law,  which  shall  not  be  diminished  dur- 
ing their  continuance  in  office. 

17.  There  shall  be  organized,  by  the  Legislature,  a 
county  court,  in  and  for  each  county,  in  which  one  judge 
shall  preside,  to  be  elected  by  the  qualified  voters  of  each 
county,  at  such  time  as  the  Legislature  may  direct,  and 
who  shall  be  commissioned  by  the  Governor,  and  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified.  He  shall  receive  a 
yearly  salary  to  be  paid  to  him  out  of  the  public  funds 
of  the  county  in  which  he  presides,  at  such  time,  and  in 
such  amount  as  the  Legislature  may  direct,  but  which  may 


188  Confederate    Records 

be  varied  in  eacli  county,  according  to  the  service  which 
may  be  required  of  him,  and  shall  also  be  entitled  to  col- 
lect and  receive  such  tax  fee  or  cost  as  may  be  directed 
by  law,  on  judgments,  criminal  or  civil,  which  may  be 
rendered  in  said  court,  to  be  collected  as  other  costs  In 
said  cases. 

18.  There  shall,  in  like  manner,  be  elected  a  county 
Solicitor,  for  each  county,  who  shall  be  commissioned  by 
the  Governor  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified.  He  shall  diligently 
prosecute  for  all  offenses  within  the  jurisdiction  of  said 
court,  and  shall  receive  such  fees,  or  costs,  in  each  case, 
as  may  be  directed  by  law. 

19.  The  county  court  for  each  county  shall  have  and 
exercise  criminal  jurisdiction  in  all  cases  which  do  not 
subject  the  offender  or  offenders  to  loss  of  life,  limb,  or 
member,  or  to  confinement  in  the  penitentiary  for  a  term 
not  longer  than  two  years. 

20.  The  Solicitor  shall  make  out  in  writing,  an  accu- 
sation, stating  the  offense  charged,  upon  which  the  de- 
fendant shall  go  to  trial  before  said  judge,  who  shall  hear 
the  testimony  for  and  against  the  accused,  and  shall  ren- 
der such  judgment  as  the  facts  and  the  law  require;  pro- 
vided, That  in  all  cases  involving  confinement  in  the  pen- 
itentiary, or  imprisonment  in  the  common  jail  of  the 
county,  for  a  term  of  six  months,  or  of  imprisonment  or 
labor  at  any  other  place,  as  may  be  prescribed  by  law 
for  a  term  longer  than  six  months,  or  of  a  fine  over  five 
hundred  dollars,  the  accused  shall  have  the  right  to  be 
tried  by  a  jury  of  twelve  men,  who  may  be  immediately 
impannelled. 

21.  The  county  court  shall  have  jurisdiction  of  all 


Journal  of  the  Convention  of  1865  189 

civil  cases  arising  between  a  wliite  person  and  a  negro, 
but  all  contracts  for  the  performance  of  labor,  or  the 
pajanent  of  money  must  be  in  writing  and  signed  by  the 
party  or  parties  to  be  bound  thereby,  the  performance 
or  breach  of  such  contract,  may  be  proved  by  such  com- 
petent oral  testimony  as  may  be  directed  by  law;  said 
court  shall  have  the  power  to  bind  out  orphan  children, 
under  the  age  of  twenty-one  years,  and  all  other  children 
whose  father,  if  living,  if  not  whose  mother,  may  consent 
thereto. 

22.  The  said  court  shall  hold  its  sessions,  or  terms, 
at  the  courthouse,  at  least  once  every  month,  and  oftener 
if  necessary.  It  shall  be  a  court  of  record,  shall  exercise 
all  the  powers  of  the  judge  of  the  Superior  Court  in  all 
cases  within  its  jurisdiction,  and  its  judgments  for  the 
infliction  of  punishment,  or  for  the  payment  of  money 
shall  be  enforced  in  such  way  and  manner  as  may  be 
directed  by  law. 

23.  The  powers  of  a  court  of  ordinary  and  of  pro- 
bate, shall  be  vested  in  an  ordinary  for  each  county,  from 
whose  decisions  there  may  be  an  appeal  to  the  Superior 
Court,  under  regulations  prescribed  by  law.  The  ordi- 
nary shall  be,  ex-officio,  clerk  of  said  court,  and  may  ap- 
point a  deputy  clerk.  The  ordinary  as  clerk  or  his 
deputy,  may  issue  citations  and  grant  temporary  letters  of 
administration,  to  hold  until  permanent  letters  are  grant- 
ed, and  said  ordinary,  as  clerk,  or  his  deputy,  may  grant 
marriage  license.  The  ordinaries  in  and  for  the  respec- 
tive counties,  shall  be  elected  in  the  same  manner  as  other 
county  officers.  He  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  is  elected  and  quali- 
fied, and  shall  be  commissioned  by  the  Governor.  In  case 
of  any  vacancy  of  said  office  of  ordinary,  from  any  cause, 


190  Confederate   Records 

the  same  may  be  filled  by  election,  as  provided  in  election 
to  other  county  officers,  and  until  the  same  is  filled,  the 
clerk  of  the  Superior  Court  for  the  time  being  shall  act 
as  clerk  of  said  court  of  ordinary. 

The  Legislature  may  make  the  ordinary  eligible  also, 
to  hold  the  office  of  judge  of  the  county  court,  in  counties 
not  having  more  than  one  representative  in  the  legisla- 
ture. 

24.  The  justices  of  the  peace  shall  be  elected  in  each 
district  by  the  persons  entitled  to  vote  for  members  of 
the  General  Assembly,  and  shall  have  and  exercise  such 
powers  and  jurisdiction  as  may  be  conferred  upon  them 
by  law. 

25.  The  civil  business  of  the  Inferior  Court,  together 
with  the  papers,  dockets  and  records  in  relation  thereto, 
shall  be  turned  over  to  the  Superior  Court,  and  the 
county  business  together  with  the  papers  and  records  per- 
taining thereto,  shall  be  turned  over  to  the  three  com- 
missioners, to  be  known  as  commissioners  of  roads, 
bridges  and  revenue,  who  shall  be  elected  as  other  county 
officers,  and  who  shall  hold  their  office  for  the  term  of 
four  years,  and  who  shall  be  authorized  to  exercise  all 
the  powers  and  authority  now  vested  in  the  Inferior 
Court  in  relation  to  county  matters. 

Leave  of  absence  was  granted  Messrs.  Adams  of  Put- 
nam, Logan  of  Bibb,  and  Gibson. 

Mr.  Warren  of  Pulaski,  introduced  the  following  reso- 
lution : 

Resolved,  That  the  President  of  this  convention,  ap- 
point a  committee  of  five,  who  shall  wait  upon  His  Excel- 
lency, the   Provisional   Governor,  and   enquire  of  him, 


Journal  of  the  Convention  of  1865  191 

whether  from  his  ofBcial  connection  with  the  authorities 
at  Washington,  he  knows  that  the  repudiation  of  the  debt 
incurred  by  the  State  of  Georgia,  during  the  late  Civil 
War,  is  essential  to  the  resumption  of  amicable  relations 
with  the  United  States  Government;  and  that  said  com- 
mittee be  required  to  report  at  as  early  a  period  as  prac- 
ticable, the  result  of  their  enquiry. 

On  motion  of  Mr.  Warren  of  Pulaski,  the  resolution 
was  taken  up. 

Mr.  Kenan  moved  to  lay  the  resolution  on  the  table, 
and  after  considerable  discussion,  Mr.  Anderson  of 
Chatham,  called  for  the  previous  question. 

The  convention  sustained  the  call,  and  the  vote  being 
taken  on  the  motion  of  Mr.  Kenan,  to  lay  on  the  table, 
the  motion  was  agreed  to, 

Mr.  deGraffenried  offered  the  following  resolution, 
which  was  read  the  first  time : 

Resolved,  That  the  State  Treasurer  be  instructed  to 
make  advances  of  mileage  and  per  diem  pay  to  delegates 
of  the  amount  due  at  the  rate  of  $5.00  per  day. 

On  motion  of  Mr.  Kenan,  the  convention  took  a  recess 
until  3:30  o'clock  this  afternoon. 

3.30  O'clock,  P.  M. 

The  Convention  met  again  at  the  appointed  hour. 

The  business  in  order  being  the  consideration  of  the 
Constitution  as  reported  by  the  Committee  of  Sixteen. 

On  motion  of  Mr.  Barnes,  the  rule  was  suspended  and 
he  moved  to  amend  the  twenty-fourth  rule  of  the  Con- 
vention; which  was  lost. 


192  Confederate    Records 

Mr.  Barnes  introduced  the  folowing  resolution: 

Resolved,  That  in  accordance  with  the  rules  of  this 
Convention,  requiring  the  Assistant  Secretary  and  the 
Engrossing  and  Enrolling  clerks  to  be  sworn,  the  Sec- 
retary be  authorized  to  appoint  such  assistant  and  clerks, 
and  that  they  be  sworn  accordingly. 

Which  was  taken  up  twice,  read  and  adopted. 

In  accordance  with  the  foregoing  resolution,  the  Sec- 
retary appointed  F.  T.  Snead  of  the  county  of  Macon, 
as  Assistant  Clerk,  S.  C.  Johnson  of  the  county  of  Daw- 
son, as  Journalizing  Clerk,  Walter  T.  McArthur  of  the 
county  of  Montgomery,  as  Engrossing  Clerk,  and  Danl. 
B.  Sanford  of  the  county  of  Greene,  as  Enrolling  Clerk, 
and  they  were  duly  qualified  and  entered  upon  their  du- 
ties. 

Mr.  King,  of  Greene,  introduced  the  following  ordi- 
nance, which  was  taken  up,  read  twice,  and  referred  to 
the  committee  of  sixteen. 

AN  ORDINANCE. 

To  provide  for  the  payment  of  Ordinaries  and  Clerks 
of  the  Superior  Courts  of  this  State  for  certain  ser- 
vices rendered  by  said  officers. 

The  people  of  Georgia,  in  Convention  assembled  ordain, 
That,  whereas  His  Excellency,  James  Johnson,  Provis- 
ional Governor  of  the  State  of  Georgia,  did,  on  the  7th 
day  of  August,  1865,  order  by  proclamation  of  said  date, 
Ordinaries  of  the  several  counties  of  said  State,  when 
not  laboring  under  certain  disabilities,  and  clerks  of  the 
Superior  Courts  of  said  counties,  in  case  said  Ordinaries 


Journal,  of  the  Convention  of  1865  193 

were  laboring  under  said  disabilities,  to  administer  the 
amnesty  oath,  prescribed  in  the  President's  proclama- 
tion of  29th  May,  1865,  to  citizens  desirous  and  capable 
of  taking  said  oath;  and  whereas,  no  compensation  has 
been  provided  by  law  for  said  service  rendered  by  said 
officers  in  accordance  with  said  proclamation  of  the  Gov- 
ernor, the  sum  of  fifty  cents  be  paid  to  each  of  said  offi- 
cers for  every  oath  thus  administered,  for  which  he  has 
received  no  compensation. 

That  on  presentation  by  said  officers  of  their  sev- 
eral accounts  properly  verified  under  oath,  to  the  Comp- 
troller-General of  the  State,  he  is  hereby  authorized  and 
required  to  draw  his  warrant  on  the  Treasurer  for  the 
amount  of  said  accounts  (or  so  much  thereof  as  is 
properly  authenticated),  and  it  shall  be  the  duty  of  the 
Treasurer  to  pay  said  warrant  out  of  any  money  raised 
by  taxation  or  otherwise,  not  specially  appropriated  to 
other  purposes. 

Mr.  deGraifenried  moved  to  take  up  the  resolution 
introduced  by  him  this  morning,  authorizing  the  Treas- 
urer to  make  advances  of  mileage  and  per  diem  pay  to 
delegates. 

The  resolution  was  taken  up  and  read  a  second  time. 

Mr.  Lewis  of  Greene,  moved  to  amend  the  resolution 
so  as  to  read  as  follows : 

Resolved,  That  the  State  Treasurer  be  instructed  to 
make  advances  of  mileage  and  per  diem  pay  to  delegates 
of  the  Convention  according  to  the  mileage  and  per 
diem  allowed  to  members  of  the  General  Assembly  by 
the  Code  of  Georgia. 


194  Confederate    Records 

The  amendment  was  agreed  to,  and  the  resolution  as 
amended  was  adopted. 

On  motion  of  Mr.  Jenkins,  the  Convention  proceeded 
with  the  unfinished  business  of  yesterday,  which  was  the 
consideration  of  the  Constitution  as  reported  by  the  com- 
mittee of  sixteen. 

The  second  article  was  taken  up  by  sections  and  par- 
agraphs. 

Paragraphs  1,  2  and  3  of  the  first  section,  were 
agreed  to. 

Mr.  Rumph  moved  to  amend  the  4th  paragraph  by 
striking  out  all  from  the  word  ''no"  to  the  word  "de- 
faulter, ' '  but  subsequently  withdrew  his  motion. 

Mr.  Dorsey  moved  to  add  the  word  "legal"  before 
"taxes,"  which  was  agreed  to,  and  the  paragraph  as 
amended  was  agreed  to. 

Mr.  Graham  moved  to  amend  the  5th  paragraph  by 
inserting  the  words  "or  either  of  them"  after  the  words 
"United  States." 

The  amendment  was  concurred  in,  and  the  paragraph 
as  amended  was  agreed  to. 

The  6th  paragraph  was  agreed  to. 

Mr.  Cureton  moved  to  amend  the  2d  section  by  in- 
serting after  the  word  "chosen"  the  word  "alter- 
nately."    Lost. 

Mr.  Parrott  moved  to  amend  by  striking  out  all  of 
said  section  down  to  the  words  "if  a  new  county  be  es- 
tablished," and  inserting  the  following  in  lieu  thereof: 

"The  Senate  shall  consist  of  thirty-three  members, 


Journal  of  the  Convention  of  1865  195 

one  to  be  chosen  from  each  Senatorial  District,  which 
Senatorial  District  shall  be  composed  of  four  contigu- 
ous counties.  The  whole  number  to  be  elected  on  the 
15th  day  of  November  next,  and  on  the  first  day  of  the 
first  session  of  the  Senate  hereafter  to  be  held,  the  Presi- 
dent of  the  Senate  shall  put  the  names  of  all  said  Sena- 
tors into  a  box  and  fairly  and  impartially  draw  from 
said  box  eleven  names,  who  shall  serve  for  six  years; 
eleven  who  shall  serve  for  four  years,  and  eleven  who 
shall  serve  for  two  years. 

And  that  an  election  shall  be  held  bi-ennially  to  fill 
the  places  of  those  whose  terms  shall  expire,  and  those 
elected  as  last  aforesaid,  shall  serve  for  six  years." 

Mr.  Hill  of  Morgan,  moved  to  amend  by  saying  *^this 
provision  shall  go  into  effect  at  and  after  the  election 
in  1867," 

Mr.  Warren  of  Houston,  moved  to  postpone  its  con- 
sideration until  Monday,  but  subsequently  withdrew  his 
motion. 

Mr.  Simmons  of  Gwinnett,  moved  to  recommit  to  the 
committee  of  sixteen.     Agreed  to. 

Mr.  Turner  of  Quitman,  moved  to  suspend  the  rules 
to  allow  him  to  introduce  a  resolution. 

The  rules  were  suspended  and  he  introduced  the  fol- 
lowing preamble  and  resolution: 

The  melancholy  announcement  having  been  made  to 
the  Convention  of  the  death  of  Benjamin  H.  Rice,  Es- 
quire, a  member  elect  of  this  Convention  from  the  county 
of  Quitman,  who  departed  this  life  on  the  26th  instant, 


196  Confederate    Kecords 

Resolved,  That  the  members  of  this  Convention  la- 
ment his  death,  and  sympathize  with  the  family  on  the 
great  bereavement  which  they  have  suffered,  and  that 
as  a  mark  of  respect  to  the  memory  of  the  deceased,  this 
Convention  do  now  adjourn. 

Resolved,  That  these  resolutions  be  entered  on  the 
Journal  of  the  Convention. 

The  resolution  was  taken  up,  read  and  adopted; 
wherefore  the  Convention  adjourned  until  9:30  o'clock 
Monday  morning. 


MONDAY,  OCTOBER  30th,  1865, 

9:30  O'CLOCK,  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  the  Journal  of  Sat- 
urday was  read. 

Mr.  Seward  of  Thomas,  moved  to  reconsider  so  much 
of  the  Journal  of  Saturday  as  refers  to  the  action  of  the 
Convention  upon  the  resolution  of  Mr.  Warren,  of  Pu- 
laski, asking  the  appointment  of  a  committee  of  five  to 
wait  upon  the  Provisional  Governor  and  enquire  of  him 
whether,  from  his  official  connection  with  the  authori- 
ties at  Washington,  he  knows  that  the  repudiation  of 
the  debt  incurred  by  the  State  of  Georgia  during  the 
late  Civil  War,  is  essential  to  the  resumption  of  amicable 
relations  with  the  United  States  Government. 

The  motion  to  reconsider  was,  on  motion  of  Mr. 
Seward,  laid  over  for  the  present;  and,  on  his  motion, 
the  rules  were  suspended  to  enable  him  to  introduce  the 
following  resolution : 


JOUBNAL.  OF   THE    CoN\'ENTION    OF    1865  197 

Resolved,  That  His  Excellency  tlie  Provisional  Gov- 
ernor, be  requested  to  communicate  to  the  Convention, 
at  any  time,  any  facts  in  his  possession  that  he  may  deem 
of  public  interest. 

Agreed  to. 

On  motion  of  Mr.  Warner  of  Meriwether,  so  much 
of  the  Journal  as  refers  to  the  adoption  of  the  amend- 
ment adding  the  words  "or  either  of  them"  after  the 
words  ''United  States,"  was  reconsidered. 

On  motion  of  Mr.  Eawls  of  Effingham,  so  much  of  the 
Journal  of  Saturday  as  records  the  adoption  of  the  sec- 
ond paragraph  of  the  first  section  of  the  second  article 
of  the  Constitution,  was  reconsidered. 

Mr.  Anderson  from  Chatham,  chairman  of  the  com- 
mittee of  five  appointed  to  memorialize  the  President  of 
the  United  States  for  the  pardon  of  Jefferson  Davis,  A. 
H.  Stephens  and  others,  made  the  following  report: 

MiLLEDGEviLLE,  October  30th,  1865. 

To  His  Excellency  Andrew  Johnson, 

President  of  the  United  States: 

The  delegates  of  the  State  of  Georgia  in  Convention 
assembled,  do  earnestly  invoke  the  Executive  clemency 
in  behalf  of  Jefferson  Davis  and  Alexander  H.  Stephens, 
and  of  James  A.  Seddon  of  Virginia;  A.  G.  McGrath 
of  South  Carolina;  Allison  and  Da\dd  L.  Yulee  of  Flor- 
ida, and  H.  W.  Mercer  of  Georgia,  now  confined  as  pris- 
oners in  Fort  Pulaski,  and  of  all  other  prisoners  simi- 
larly circumstanced. 

Your   Excellency   has   been   pleased   to  restore   Mr. 


198  Confederate    Records 

Stephens  to  bis  liberty.  He  returns  to  tbe  grateful  peo- 
ple of  bis  State  as  a  solemn  pledge  of  tbe  magnanimity 
wbicb  rules  tbe  public  councils,  and  bis  great  name  and 
influence  will  be  potent  to  revive  tbe  amity  of  tbe  past, 
and  to  fructify  tbe  wise  and  generous  policy  wbicb  Your 
Excellency  lias  inaugurated.  Emboldened  by  tbis  ex- 
ample, impelled  by  tbe  purity  of  our  motives,  and  stimu- 
lated by  tbe  prayers  of  a  numerous  people,  we  appeal 
for  clemency  in  bebalf  of  tbe  distinguisbed  persons  we 
bave  named.  Restore  tbem  to  liberty  and  to  tbe  em- 
braces of  tbeir  families.  Translate  tbem  from  captivity 
to  tbe  light  of  freedom  and  of  hope,  and  tbe  gratitude 
of  tbe  prisoners  will  be  mingled  with  the  joyful  accla- 
mations which  shall  ascend  to  heaven  from  the  hearts 
of  tbe  people. 

Jefferson  Davis  was  elevated  to  bis  high  position  by 
our  suffrages,  and  in  response  to  our  wishes.  We  im- 
posed upon  him  a  responsibility  which  be  did  not  seek. 
Originally  opposed  to  tbe  sectional  policy  to  which  pub- 
lic opinion,  with  irresistible  power,  finally  drove  him,  be 
became  the  exponent  of  our  principles  and  tbe  leader  of 
our  cause.  He  simply  responded  to  tbe  united  voice  of 
bis  section.  If  be,  then,  is  guilty,  so  are  we;  we  were 
tbe  principals;  he  was  our  agent.  Let  not  tbe  retribu- 
tion of  a  mighty  nation  be  visited  upon  bis  bead,  while 
we,  who  urged  him  to  bis  destiny,  are  suffered  to  escape. 
Tbe  liberal  clemency  of  the  government  has  been  ex- 
tended over  us;  we  breathe  tbe  air  and  experience  tbe 
blessings  of  freedom;  we  therefore  ask  that  tbe  leader 
who  in  response  to  tbe  democratic  instincts  of  bis  nature, 
tbe  principles  of  his  party  and  tbe  solicitation  of  his 
section,  became  the  bead  and  front  of  our  offending, 
shall  not  now  be  bruised  for  our  iniquities  or  punished 


Journal  of  the  Convention  of  1865  199 

for  our  transgressions.  Mr.  Davis  was  not  the  leader  of 
a  feeble  and  temporary  insurrection;  he  was  the  repre- 
sentative of  great  ideas,  and  the  exponent  of  principles 
which  stirred  and  consolidated  a  numerous  and  intelli- 
gent people.  This  people  was  not  his  dupe;  they  pur- 
sued the  course  which  they  adopted  of  their  own  free 
will,  and  he  did  not  draw  them  on,  but  followed  after 
them.  It  is  for  these  reasons  that  we  invoke  the  execu- 
tive clemency  in  his  behalf.  His  frame  is  feeble;  his 
health  is  delicate;  all  broken  by  the  storms  of  State,  he 
languished  out  in  captivity  a  vicarious  punishment  for 
the  acts  of  his  people.  Thousands  of  hearts  are  touched 
with  his  distress ;  thousands  of  prayers  ascend  to  heaven 
for  his  relief.  We  invoke  in  his  behalf  the  generous  ex- 
ercise of  the  prerogative  to  pardon  which  the  forms  and 
principles  of  the  Constitution  offer  as  a  beneficent  in- 
strument to  a  merciful  Executive. 

We  ask  the  continuance  of  that  career  of  clemency 
which  Your  Excellency  has  begun,  and  which  alone,  we 
earnestly  believe,  can  secure  the  true  unity  and  lasting 
greatness  of  this  nation.  Dispensing  that  mercy  which 
is  inculcated  by  the  example  of  our  great  Master  on  high, 
your  name  will  be  transmitted  to  your  countrymen  as 
one  of  the  benefactors  of  mankind. 

The  Constitution  of  our  country,  renewed  and  forti- 
fied by  your  measures,  will  once  more  extend  its  pro- 
tection over  a  contented  and  happy  people,  founded,  as 
it  will  be,  upon  consent  and  affection  and  resting,  like 
the  great  arch  of  the  Heavens,  equally  upon  all. 

Mr,  Jenkins  chairman  of  the  committee  of  sixteen, 
made  the  following 


200  CONFEDEKATE     RECORDS 

EEPORT : 

The  committee  of  sixteen,  to  whom  was  referred  the 
message  of  the  Provisional  Governor,  enclosing  a  com- 
munication from  Brig.-Gen.  Tillson,  Asst.  Commissioner 
of  the  Bureau  of  Freedmen,  Refugees  and  abandoned 
lands,  have  had  the  same  under  consideration,  and  di- 
rect me  to  report  the  following  resolution  and  ordinance : 

Resolved  hy  the  Convention,  That  the  wise  and  lib- 
eral proposition  of  Brig.-Gen.  Tilson,  Assistant  Commis- 
sioner of  the  Freedmen 's  Bureau,  to  employ  certain  offi- 
cers of  this  State,  as  agents  of  said  Bureau,  to  adjust 
difficulties  between  the  white  and  colored  people  of  this 
State,  and  to  maintain  the  police  of  the  country,  be,  and 
the  same  is,  hereby  accepted :  and  it  is  hereby  ordained 
by  this  Convention,  that  the  Justices  of  the  Peace,  Ordi- 
naries, and  all  other  civil  officers,  or  unofficial  citizens  of 
this  State,  are  hereby  authorized  to  perform  such  ser- 
vices as  may  be  designated  by  said  agent,  in  adjusting 
difficulties  between  the  white  and  colored  population  of 
this  State,  in  maintaining  the  police  of  the  country,  and 
other  similar  matters,  whenever  requested  so  to  act  by 
said  superintendent. 

The  rules  were  suspended  and  the  report  of  the  com- 
mittee taken  up,  and  the  resolution  and  ordinance  were 
read  the  second  time. 

The  following  message  was  received  from  His  Ex- 
cellency, James  Johnson,  Provisional  Governor  of  the 
State  of  Georgia,  by  L.  H.  Briscoe,  his  Secretary,  to-wit : 

Mr.  President:  I  am  directed  by  the  Governor  to 
deliver  to  the  Convention  a  communication  in  writing. 

(See  page  48.) 


Journal,  of  the  Convention  of  1865  201 

Mr.  Black  of  Screven,  moved  to  amend  the  report 
of  the  committee  by  striking  out  the  words  "the  Justices 
of  the  Peace,  Ordinaries,  and  all  other  civil  officers  and 
unofficial  citizens  of  this  State,"  and  to  insert  in  lieu 
thereof  the  words  "any  citizen  of  any  county  in  the 
State." 

Mr.  Hook  of  Washington,  moved  to  amend  by  adding 
the  following  proviso: 

Provided,  That  nothing  in  this  ordinance  contained 
shall  be  understood  in  anywise  to  indicate  the  views  of 
this  Convention  as  to  the  character  of  witnesses  here- 
after to  be  admitted  in  certain  cases;  it  being  the  judg- 
ment of  this  body  that  this  is  a  matter  of  legislative 
cognizance  only. 

Mr.  Matthews  of  Oglethorpe,  moved  to  amend  the 
amendment  of  Mr.  Black  by  inserting  the  word  "pri- 
vate" before  "citizen." 

The  following  message  was  received  from  His  Ex- 
cellency James  Johnson,  Provisional  Governor  of  the 
State  of  Georgia,  by  L.  H.  Briscoe,  his  Secretary,  to-wit : 

Mr.  President:  I  am  directed  by  the  Governor  to 
deliver  to  the  Convention  a  communication  in  writing. 

Which,  on  motion,  the  order  having  been  suspended, 
was  taken  up  and  read: 

(See  page  49.) 

Mr.  Saffold  of  Morgan,  called  for  the  previous  ques- 
tion, and  the  call  being  sustained,  the  vote  was  taken  on 
the  main  question,  and  the  report  of  the  committee  was 
adopted. 


202  Confederate   Records 

The  message  of  His  Excellency  the  Provisional  Gov- 
ernor, showing  the  amount  of  money  received  and  ex- 
pended by  him  since  entering  upon  the  discharge  of  his 
duties  was  taken  up  and  read. 

Also  the  communication  from  him  enclosing  certain 
telegrams  from  the  President  of  the  United  States,  was 
taken  up,  read,  and  on  motion  of  Mr.  Whitaker,  was  re- 
ferred to  the  committee  of  sixteen. 

Mr.  Saffold  of  Morgan,  introduced  the  following  or- 
dinance, which  was  taken  up,  read  twice,  and  referred 
to  the  committee  of  sixteen. 


AN  ORDINANCE. 

To  declare  null  and  void  all  laws  of  the  State  of  Georgia 
by  which  money  has  been  raised  for  the  purpose  of 
carrying  on  and  sustaining  the  late  war  against  the 
United  States,  and  all  notes,  bills,  bonds  and  con- 
tracts founded  on  the  same. 

Be  it  ordkiined  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  all  laws  which  have  been  hereto- 
fore passed  for  the  purpose  of  raising  money  to  sus- 
tain and  carry  on  the  late  war  against  the  United  States, 
are  null  and  void;  and  that  no  Legislature  hereafter  to 
be  assembled,  shall  levy  any  tax  or  make  any  appro- 
priation directly  or  indirectly,  to  pay  any  note,  bill, 
bond  or  contract,  founded  on  the  same. 

The  Convention  resumed  the  consideration  of  the 
unfinished  business  when  Mr.  Parrott  offered  the  fol- 
lowing resolution : 

Resolved,  That  the  second  article  of  the  Constitution 


Journal  of  the  Convention  of  1865  203, 

be  recommitted  to  the  committee  of  sixteen,  and  that  the 
plan  of  reduction  before  the  Convention  and  all  others 
which  may  be  suggested,  shall  be  referred  to  said  com- 
mittee with  instructions  to  report  a  plan  of  reduction. 

Adopted. 

Mr.  Parrott  submitted  the  following  plan  of  reduc- 
tion, which  was  referred  to  the  committee  of  sixteen, 
in  accordance  with  the  above  resolution. 

The  Senate  shall  be  composed  of  thirty-three  Sena- 
tors, one  to  be  selected  from  each  Senatorial  District  in 
this  State,  which  Senatorial  District  shall  be  composed 
of  four  contiguous  counties,  and  shall  be  designated  by 
their  respective  numbers  from  one  to  thirty-three  inclu- 
sive. Which  Senators  shall  be  elected  on  the  first  Wed- 
nesday in  October,  in  the  year  1866,  by  the  persons  quali- 
fied to  vote  for  the  most  numerous  branch  of  the  Gen- 
eral Assembly. 

Immediately  after  the  Senators  shall  assemble  in  con- 
sequence of  the  first  election  as  provided  for  in  this  Con- 
stitution, they  shall  be  divided  equally  into  three  classes. 
The  first  class  shall  be  composed  of  the  following  dis- 
tricts, to-wit: 

Number  1,  3,  6,  9,  12,  15,  18,  21,  24,  27,  and  30.  The 
second  class  shall  be  composed  of  districts. 

Number  2,  5,  8,  11,  14,  17,  20,  23,  26,  29,  and  32;  and 
the  third  class  shall  be  composed  of  districts. 

Number  4,  7,  10,  13,  16,  19,  22,  25,  28,  31  and  33. 

The  seats  of  the  Senators  of  the  first  class  shall  be 
vacated  at  the  expiration  of  the  second  year.  The  seats 
of  the  second  class  shall  be  vacated  at  the  expiration  of 


204  Confederate    Records 

the  fourth  year,  and  the  seats  of  the  third  class  shall  be 
vacated  at  the  expiration  of  the  sixth  year,  or  when  the 
successors  of  said  Senators  shall  be  elected  and  quali- 
fied. 

An  election  shall  be  held  in  each  Senatorial  District, 
when  vacancy  shall  occur  in  accordance  with  this  Con- 
stitution, on  the  first  Wednesday  in  October,  every  sec- 
ond year  after  the  first  election  for  Senators,  shall  be 
held  to  fill  the  vacancies  occasioned  by  the  expiration  of 
Senatorial  terms  as  provided  for  in  this  Constitution, 
said  elections  shall  be  held  and  returns  made  in  accord- 
ance with  the  laws  then  of  force  in  the  State,  and  the 
Senators  so  elected  to  fill  said  vacancies  shall  serve  for 
six  years,  or  until  their  successors  are  elected  and  quali- 
fied. 

The  General  Assembly,  at  its  first  session  after  the 
adjournment  of  this  Convention,  shall  lay  oif,  number 
and  designate  the  Senatorial  Districts  of  this  State,  as 
provided  for  in  this  Constitution. 

Strike  out  1st  clause,  3d  section,  2d  article,  and  in- 
sert as  follows: 

The  House  of  Representatives  shall  be  composed  as 
follows: 

The  thirty-two  counties  having  the  largest  represen- 
tative population  shall  have  one  representative  each. 
The  remaining  one  hundred  counties  shall  have  one  rep- 
resentative for  every  two  counties.  The  designation  of 
the  counties  having  one  representative  each  and  the  re- 
maining counties  that  shall  have  one  representative  for 
every  two  counties  shall  be  made  by  the  first  General 
Assembly,  which  shall   assemble  after  this   Convention 


Journal  of  the  Convention  of  1865  205 

shall  adjourn  and  shall  not  be  again  altered  until  im- 
mediately after  the  taking  of  each  census. 

The  following  amendment  of  Mr.  Warren  of  Houston, 
was  also  referred  to  said  committee  of  sixteen. 

It  is  made  the  duty  and  is  hereby  enjoined  upon  the 
first  legislature  of  this  State,  that  shall  meet  under  this 
Constitution,  and  before  the  term  for  which  it  is  elected 
shall  expire,  to  so  by  law  reduce  the  number  of  the  Gen- 
eral Assembly  of  this  State,  that  the  Senate  shall  not 
consist  of  more  than  thirty-five,  and  not  less  than  thirty 
senators,  and  that  the  House  of  Representatives  shall 
not  consist  of  more  than  seventy  and  not  less  than  sixty 
Representatives,  after  the  official  term  of  the  first  legis- 
lature elected  under  this  Constitution,  and  that  the  two 
branches  of  the  Legislature  shall  never  consist  of  a 
greater  or  less  number  than  herein  prescribed,  until  they 
are  increased  or  diminished  by  a  change  of  this  Constitu- 
tion for  that  purpose. 

Mr.  Barnes,  chairman  of  the  committee  on  enrollment, 
made  the  following 

REPORT: 

Mr.  President.  The  chairman  of  the  committee  on 
enrollment  reports  that  the  following  ordinances  have 
been  properly  enrolled,  and  are  now  ready  for  the  sig- 
nature of  the  President  and  the  attestation  of  the  Secre- 
tary, to-wit: 

An  ordinance  to  repeal  certain  ordinances  and  reso- 
lutions therein  mentioned,  heretofore  passed  by  the  peo- 
ple of  Georgia  in  Convention,  and 


206  Confederate    Records 

An  ordinance  to  establish  Congressional  Districts, 
and  to  provide  for  certain  elections. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  additional  article  of  the  Consti- 
tution, which  being  read  twice,  was  taken  up  by  sections 
and  paragraphs. 

ARTICLE  III. 

Section  1. 

1.  The  executive  power  shall  be  vested  in  a  Gov- 
ernor, the  first  of  whom  under  this  Constitution,  shall 
hold  the  office  from  the  time  of  his  inauguration  as  by 
law  provided,  until  the  election  and  qualification  of  his 
successor.  Each  Governor  subsequently  elected  shall 
hold  the  office  for  two  years  and  until  his  successor  shall 
be  elected  and  qualified.  He  shall  have  a  competent  sal- 
ary, which  shall  not  be  increased  or  diminished  during 
the  time  for  which  he  shall  have  been  elected;  neither 
shall  he  receive  within  that  time  any  other  emolument 
from  the  United  States,  or  either  of  them,  nor  from  any 
foreign  power. 

2.  The  Governor  shall  be  elected  by  the  persons 
qualified  to  vote  for  members  of  the  General  Assembly, 
on  the  fifteenth  day  of  November,  in  the  year  eighteen 
hundred  and  sixty-five,  and  bi-ennially  thereafter,  on 
the  first  Wednesday  of  October,  until  such  time  be  al- 
tered by  law,  which  election  shall  be  held  at  the  places 
of  holding  general  elections  in  the  several  counties  of 
this  State,  in  the  manner  prescribed  for  the  election  of 
members  of  the  General  Assembly.  The  returns  for 
every  election  of  Governor  shall  be  sealed  up  by  the 


JOURNAI.  GF  THE   CONVENTION   OF   1865  207 

managers,  separately  from  other  returns,  and  directed 
to  the  President  of  the  Senate  and  Speaker  of  the  House 
of  Representatives ;  and  transmitted  to  the  Governor  or 
the  person  exercising  the  duties  of  Governor  for  the 
time  being;  who  shall,  without  opening  the  said  returns, 
cause  the  same  to  be  laid  before  the  Senate,  on  the  day 
after  the  two  Houses  shall  have  been  organized,  and  they 
shall  be  transmitted  by  the  Senate  to  the  House  of  Rep- 
resentatives. The  members  of  each  branch  of  the  Gen- 
eral Assembly  shall  convene  in  the  Representative  Cham- 
ber, and  the  President  of  the  Senate,  and  the  Speaker 
of  the  House  of  Representatives  shall  open  and  publish 
the  returns  in  presence  of  the  General  Assembly;  and 
the  person  having  the  majority  of  the  whole  number  of 
votes  given  in  shall  be  declared  duly  elected  Governor 
of  this  State ;  but  if  no  person  have  such  majority,  then 
from  the  two  persons  having  the  highest  number  of 
votes,  who  shall  be  in  life,  and  shall  not  decline  an  elec- 
tion at  the  time  appointed  for  the  Legislature  to  elect, 
the  General  Assembly  shall  immediately  elect  a  Gov- 
ernor viva  voce  and  in  all  cases  of  election  of  a  Gov- 
ernor by  the  General  Assembly,  a  majority  of  the  votes 
of  the  members  present  shall  be  necessary  for  a  choice. 
Contested  elections  shall  be  determined  by  both  Houses 
of  the  General  Assembly,  in  such  manner  as  shall  be 
prescribed  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor who  shall  not  have  been  a  citizen  of  the  United 
States  twelve  years,  and  an  inhabitant  of  this  State  six 
years,  and  who  hath  not  attained  the  age  of  thirty  years. 

4.  In  case  of  the  death,  resignation  or  disability  of 
the  Governor,  the  President  of  the  Senate  shall  exercise 


208  Confederate    Records 

the  executive  powers  of  the  government  until  such  disa- 
bility be  removed,  or  a  successor  is  elected  and  qualified. 
And  in  case  of  the  death,  resignation  or  disability  of  the 
President  of  the  Senate,  the  Speaker  of  the  House  of 
Representatives  shall  exercise  the  executive  power  of 
the  Government  until  the  removal  of  the  disability  or  the 
election  and  qualification  of  a  Governor. 

5.  The  Governor  shall,  before  he  enters  on  the  du- 
ties of  his  office,  take  the  following  oath  or  affirmation : 
"I  do  solemnly  swear,  or  affirm  (as  the  case  may  be), 
that  I  will  faithfully  execute  the  office  of  Governor  of 
the  State  of  Georgia;  and  will,  to  the  best  of  my  abili- 
ties, preserve,  protect  and  defend  the  Constitution 
thereof,  and  of  the  Constitution  of  the  United  States 
of  America." 

Section  2. 

1.  The  Governor  shall  be  Commander-in-Chief  of 
the  army  and  navy  of  this  State,  and  of  the  militia 
thereof. 

2.  He  shall  have  the  power  to  grant  reprieves  for 
offences  against  the  State,  except  in  cases  of  impeach- 
ment, and  to  grant  pardons  or  to  remit  any  part  of  a 
sentence,  in  all  cases  after  conviction,  except  for  treason 
or  murder,  or  other  capital  offences,  in  which  cases  he 
may  respite  the  execution,  and  make  report  thereof  to 
the  next  General  Assembly. 

3.  He  shall  issue  writs  of  elections  to  fill  vacancies 
that  happen  in  the  Senate  or  House  of  Representatives, 
and  shall  have  power  to  convene  the  General  Assembly 
on  extraordinary  occasions;  and  shall  give  them,  from 


Journal  of  the  Convention  of  1865  209 

time  to  time,  information  of  the  state  of  the  republic, 
and  recommend  to  their  consideration  such  measures  as 
he  may  deem  necessary  and  expedient. 

4.  When  any  office  shall  become  vacant  by  death, 
resignation  or  otherwise,  the  Governor  shall  have  power 
to  fill  such  vacancy  unless  otherwise  provided  for  by  law; 
and  persons  so  appointed  shall  continue  in  office  until  a 
successor  is  appointed  agreeably  to  the  mode  pointed 
out  by  this  Constitution,  or  by  law  in  pursuance  thereof. 

5.  A  person  once  rejected  by  the  Senate  shall  not 
be  reappointed  by  the  Governor  to  the  same  office  dur- 
ing the  same  session  or  the  recess  thereafter. 

6.  The  Governor  shall  have  the  revision  of  all  bills 
passed  by  both  Houses,  before  the  same  shall  become 
laws,  but  two-thirds  of  each  House  may  pass  a  law  not- 
withstanding his  dissent;  and  if  any  bill  shall  not  be  re- 
turned by  the  Governor  within  five  days  (Sundays  ex- 
cepted) after  it  has  been  presented  to  him,  the  same 
shall  be  a  law,  unless  the  General  Assembly,  by  their 
adjournment,  shall  prevent  its  return.  He  may  ap- 
prove any  appropriation  and  disapprove  any  other  ap- 
propriation in  the  same  bill,  and  the  latteral  shall  not  be 
effectual  unless  passed  by  two-thirds  of  each  House. 

7.  Every  vote,  resolution,  or  order,  to  which  tht 
concurrence  of  both  Houses  may  be  necessary,  except 
on  a  question  of  election  or  adjournment,  shall  be  pre- 
sented to  the  Governor;  and  before  it  shall  take  effect, 
be  approved  by  him,  or  being  disapproved,  shall  be  re- 
passed by  two-thirds  of  each  House,  according  to  the 
rules  and  limitations  prescribed  in  case  of  a  bill. 

8.  There  shall  be  a  Secretary  of  State,  a  Comp- 


210  CONFEDEEATE     ReCORDS 

troller  General,  a  Treasurer  and  Surveyor  General 
elected  by  the  General  Assembly,  and  they  shall  hold 
their  oflSces  for  the  like  period  as  the  Governor,  and  shall 
have  a  competent  salary,  which  shall  not  be  increased  or 
diminished  during  the  period  for  which  they  shall  have 
been  elected.  The  General  Assembly  may  at  any  time 
consolidate  any  two  of  these  offices  and  require  all  the 
duties  to  be  discharged  by  one  officer. 

9.  The  great  seal  of  the  State  shall  be  deposited  i}i 
the  office  of  the  Secretary  of  State,  and  shall  not  be  af- 
fixed to  any  instrument  of  writing  but  by  order  of  the 
Governor  or  General  Assembly ;  and  that  used  previously 
to  the  year  1861,  shall  be  the  great  seal  of  the  State. 

10.  The  Governor  shall  have  power  to  appoint  his 
own  Secretaries,  not  exceeding  two  in  number. 

Mr.  Simmons  of  Gwinnett,  introduced  the  following 
resolution,  and  moved  that  the  rules  be  suspended  and 
the  resolution  taken  up: 

Resolved,  That  the  committee  of  sixteen  be  instructed 
to  report  such  amendments  to  the  Constitution  as  will 
provide  that  no  person  shall  be  eligible  to  hold  the  office 
of  Governor  of  this  State,  or  a  seat  in  either  branch  of 
the  General  Assembly  thereof,  or  of  Senator  or  Repre- 
sentative from  this  State  in  the  Congress  of  the  United 
States,  for  two  consecutive  terms. 

The  Convention  refused  to  suspend  the  rule. 

Mr.  Hill  of  Morgan,  moved  to  strike  out  the  word 
**two,"  before  yeas  and  insert  in  lieu  thereof,  the  word 
''four,"  in  the  1st  paragraph  of  the  1st  section  of  the 
3rd  article. 


Journal,  of  the  Convention  of  1865  211 

Mr.  Kenan  moved  to  suspend  the  order  and  take  up 
the  report  of  the  committee  appointe'd  to  memorialize  the 
President  of  the  United  States  in  behalf  of  Jefferson 
Davis,  Alexander  H.  Stephens  and  others. 

Agreed  to. 

Whereupon  the  report  of  the  committee  was  adopted. 

Mr.  Kenan  introduced  the  following  resolution: 

Resolved,  That  the  foregoing  memorial,  signed  by  the 
President,  and  attested  by  the  Secretary  of  the  Conven- 
tion, be  transmitted  to  the  President  of  the  United  States. 

Adopted. 

On  motion  of  Mr.  Rawls  the  Convention  took  a  recess 
until  3:30  o'clock  this  afternoon. 

3:30O'Clock,  P.  M. 

The  Convention  reassembled. 

On  motion  of  Mr.  deGraffenried,  the  rule  was  sus- 
pended, and  he  introduced  the  following  resolution : 

Resolved,  That  the  President  of  this  Convention  ap- 
point a  committee  of  five,  to  be  styled  the  committee  on 
the  journals,  whose  duty  it  shall  be  to  examine  and  ap- 
prove the  daily  journal  of  this  Convention,  before  its  sub- 
mission to  the  public  printer  for  publication. 
Adopted. 

The  President  announced  the  following  as  that  com- 
mittee : 

Messrs.  deGraffenried,  of  Baldwin, 
Roberts  of  Warren, 
Wright  of  Dougherty, 
Candler  of  DeKalb, 
Atkinson  of  Camden. 


212  CONFEDEEATE     RECORDS 

Leave  of  absence  was  granted  to  Messrs.  Crawford  of 
Greene,  King  of  Greene,  Johnson  of  Spalding,  and  Mc- 
Croan  of  Bulloch. 

Mr.  Boyd,  under  leave,  introduced  the  following  reso- 
lution : 

Resolved  hy  the  people  of  Georgia  in  Convenition  as- 
sembled, That  our  Senators  and  Representatives  in  the 
next  Congress  of  the  United  States  be  requested  to  urge 
upon  the  proper  authorities,  the  early  resumption  of  coin- 
ing gold  in  the  branch  mint  at  Dahlonega,  Georgia. 

Mr.  Matthews,  of  Upson,  introduced  the  following 
resolution : 

Resolved,  That  the  auditing  committee  be  authorized 
to  have  300  blanks  printed  for  the  use  of  said  committee. 

Adopted. 

Mr.  Hand,  under  leave,  introduced  ihe  following  reso- 
lution : 

Resolved,  That  the  5th  rule  be  amended  by  adding  the 
words  '*nor  shall  any  member  be  permitted  to  occupy  the 
floor  more  than  fifteen  minutes  at  one  time." 

Mr.  Giles,  under  leave,  introduced  the  following  ordi- 
nance, which  being  twice  read,  was  referred  to  the  com- 
mittee of  sixteen : 


AN  ORDINANCE 

To  declare  valid  certain  sales  and  investments  made 
by,  and  payments  made  to  executors,  administrators,  guar- 
dians and  other  trustees  in  this  State. 


JOUENAL,  OF   THE    CONVENTION    OF    1865  213 

1.  Be  it  ordained  hy  the  peo'ple  of  Georgia,  in  Con- 
vention assembled,  That  all  sales  and  investments  made 
by,  and  payments  made  to,  executors,  administrators, 
guardians  and  other  trustees  in  this  State,  in  good  faith, 
in  pursuance  of  the  Acts  of  the  Legislature  of  the  State 
of  Georgia,  passed  since  the  adoption  of  the  ordinance 
commonly  called  the  ordinance  of  secession,  be  and  they 
are  hereby  declared  valid. 

Mr.  Wright  of  Coweta,  under  leave,  introduced  the 
following  resolution,  which  was  agreed  to : 

Resolved,  That  the  committee  of  sixteen,  be  instructed 
to  report  by  ordinance  or  otherwise,  some  mode  other 
than  by  the  Governor,  of  the  appointment  or  election  of 
the  officers  and  employees  of  the  Western  and  Atlantic 
Railroad. 

Mr.  Hopkins,  under  leave,  introduced  the  following 
resolution : 

Resolved,  That  the  Hon.  Wm.  M.  Burwell,  an  old  and 
highly  respected  citizen  of  Virginia,  now  present,  be  in- 
vited to  a  seat  on  this  floor. 

Agreed  to. 

The  unfinished  business  which  was  the  report  of  the 
committee  of  sixteen  on  the  Constitution,  being  resumed 
and  Mr.  Hick's  amendment  being  in  order,  on  motion  of 
Mr.  Han  sell  the  motion  was  divided  and  on  the  question 
to  strike  out  the  word  "two"  the  yeas  and  nays  were 
called  for  and  ordered. 

Those  who  voted  in  the  affirmative  were  Messrs. : 

Adair,  Anderson  of  Chatham, 

Adams  of  Putnam,  Atkinson  of  Troup, 

Alexander  of  Thomas,  Atkinson  of  Camden, 


214 


Confederate   Records 


Barksdale, 

Barlow, 

Barnes, 

Brassell, 

Baxter, 

Bell  of  Webster, 

Betlmne, 

Blance, 

Black  of  Screven, 

Black  of  Walker, 

Blount, 

Brady, 

Briglitwell, 

Callaway, 

Christy, 

Cochran  of  Wilkinson, 

Cohen, 

Covington, 

Crawford  of  Decatur, 

Cumming, 

Cutts, 

Dart, 

Davis  of  Jackson, 

Doyal, 

Dowda, 

Driver, 

DuBose, 

Dunn, 

Dupree, 

Grant, 

Giles, 

Glover, 

Herring, 
Hill  of  Morgan, 
Hill  of  Troup, 
Holt  of  Bibb, 
Humber, 


Hudson  of  Brooks, 

Holmes, 

Harris  of  Clark, 

Harris  of  Hancock, 

Hook, 

Hand, 

Hansell, 

Harvey, 

Harlan, 

Hood, 

Jenkins, 

Johnson  of  Clark, 
Jones,  M.  D.,  of  Burke, 
Jones,  R.  T.,  of  Burke, 
Jordan, 

King  of  Richmond, 

Lamar, 

Lawson, 

Lawrence, 

Lewis  of  Greene, 

Logan  of  Bibb, 

Lovett, 

Lloyd, 

Moore  of  Webster, 

Morgan, 

Manning, 

Marler, 

Martin  of  Carroll, 

Martin  of  Echols, 

Martin  of  Habersham, 

Matthews  of  Washington, 

McCrary, 

McDuffie  of  Pulaski, 

Mclntyre, 

Merrill, 

Neal, 


Journal  or  the  Convention  of  1865 


215 


Norman, 

Parrott, 
Parks, 
Patton, 
Pendleton, 

Redding, 

Eeese, 

Riley  of  Taylor, 

Robinson  of  Early, 

Rogers  of  Gordon, 

Rogers  of  Milton, 

Saffold, 

Scott, 

Scarlett, 

Sharpe, 

Shockley, 

Simmons  of  Gwinnett, 

Simmons  of  Crawford, 

Skelton, 

Smith  of  Coweta, 

Yeas,  118. 


Strickland, 

Thompson  of  Jackson, 

Thompson  of  Gordon, 

Tison, 

Trice, 

Turner  of  Quitman, 

Walker  of  Carroll, 

Walker  of  Richmond, 

Warren  of  Pulaski, 

Warren  of  Houston, 

Ware, 

Winn, 

Williams  of  Ware, 

Wikle, 

Willingham, 

Wimberly, 

Wootten  of  DeKalb, 

Wright  of  Coweta, 

Wright  of  Dougherty. 


Those  who  voted  in  the  negative  were  Messrs. 


Adams  of  Elbert, 

Bivins, 

Allen, 

Bower, 

Alexander  of  Pike, 

Bowen, 

Anderson  of  Cobb, 

Boyd, 

Arnold  of  Henry, 

Brantley, 

Arnold  of  Walton, 

Brewer, 

Ashley, 
Bacon, 
Bagley, 
Barnett, 

Brewton  of  Bulloch, 

Burts, 

Bush, 

Cabaniss, 

Bell  of  Forsyth, 

Cameron, 

216 


Confederate    Records 


Candler, 

Harris  of  Worth, 

Chandler, 

Highsmith, 

Clark, 

Hammond, 

Clements, 

Howard  of  Bartow, 

Cochran  of  Terrell, 

Howard  of  Towns, 

Cole, 

Hopps, 

Colley, 

Hays, 

Cook, 

Huie  of  Clayton, 

Cureton, 

Huie  of  Fayette, 

Dailey, 

Hail, 

DeGraffenried, 

Irwin, 

Dickey, 

Jackson, 

Dixon, 

Johnson  of  Spalding, 

Dorminy, 

Johnson  of  Heard, 

Dorsey, 

Jones  of  Columbia, 

Douglass, 

Kelley, 

Ellington  of  Clayton, 

Kirkland, 

Ellington  of  Gilmer, 

Kirksey, 

England, 

Kenan, 

Edwards, 

King  of  Rabun, 

Fowler, 

Kimbro, 

Freeman, 

Knight, 

Tn 

Lassetter, 

Fraser, 
Felton, 

Lewis  of  Dooly, 

Floyd, 

Logan  of  White, 

Logan  of  Dawson, 

Gordon, 

Luffman, 

Gunnels, 

Goode  of  Houston, 

Middleton, 

Goode  of  Pickens, 

Monroe, 

Graham, 

Moore  of  Floyd, 

Morel, 

Henry, 

Morris, 

Home, 

Murphry, 

Hopkins, 

Mallard, 

Hudson  of  Schley, 

Maples, 

Hudson  of  Wilkinson, 

Matthews  of  Oglethorpe, 

Harris  of  Taliaferro, 

Matthews  of  Upson, 

JOUENAL  OF  THE  CONVENTION  OP  1865 


217 


Mattox, 

McCroan, 

McCutchen, 

McDaniel, 

McDuffie  of  Marion, 

McGregor, 

McLeod, 

McRae  of  Montgomery, 

McRae  of  Telfair, 

Nash, 

Newsom, 

Nichols, 

Pafford, 

Parker  of  Johnson, 

Parker  of  Murray, 

Paulk, 

Penland, 

Powell, 

Puckett, 

Quillian, 

Rawls, 
Reynolds, 
Richardson, 
Ridley  of  Troup, 
Ridley  of  Jones, 
Riley  of  Lumpkin, 
Roberts  of  Dooly, 
Roberts  of  Echols, 
Roberts  of  Warren, 
Robinson  of  Laurens, 
Rouse, 
Rumph, 

Sale, 
Scruggs, 


Seward, 

Shannon, 

Sharman, 

Singleton, 

Smith  of  Bryan, 

Solomon, 

Sorrels, 

Stapleton, 

Stephens, 

Stewart, 

Taliaferro, 

Thompson  of  Haralson, 

Thomas, 

Turk, 

Turner  of  Campbell, 

Turnipseed, 

Underwood, 

Watkins, 

Warner, 

Watts, 

Watson, 

Weaver, 

Whitaker, 

Whelchel, 

Williams  of  Bryan, 

Williams  of  Muscogee, 

Williams  of  Haralson, 

Williams  of  Harris, 

W^omack, 

Wooten  of  Terrell, 

Wright  of  Emanuel, 

Young, 

Zachery. 


Nays,  162. 

So  the  motion  to  strike  out  was  lost. 


218  Confederate    Records 

Mr.  Irwin  moved  to  amend  the  1st  paragraph  of  the 
1st  section  of  the  3rd  article  by  adding  after  the  word 
"qualified"  the  words  ''and  shall  not  be  eligible  to  re- 
election after  the  expiration  of  a  second  term  for  the 
period  of  four  years." 

Agreed  to,  and  tlie  paragraph  as  amended  was 
adopted. 

Paragraphs  2,  3,  4  and  5  were  agreed  to. 

Paragraph  1st  of  the  2d  section  was  adopted. 

Mr.  Hill,  of  Morgan,  moved  to  amend  paragraph  2d, 
by  adding  after  the  word  "sentence"  the  words  "or  to 
commute  by  substituting  some  other  punishment." 

Lost. 

The  3,  4,  5,  6,  7  and  8th  paragraphs  were  agreed  to. 

Mr.  Simmons  moved  to  amend  the  9th  paragraph  by 
adding  at  the  end  of  the  paragraph  the  words  "until 
altered  by  law." 

Lost. 

The  10th  paragraph  was  adopted. 

Mr.  Kenan  moved  to  take  up  the  "Ordinance  to  re- 
quest and  authorize  the  Provisional  Grovernor  of  Georgia 
to  borrow  on  credit  of  this  State  a  sufficient  sum  of  money 
to  pay  what  may  be  due  on  the  civil  list,  and  what  may 
become  due  thereon  until  by  the  collection  of  taxes  the 
State  may  dispense  with  loans,  and  to  extend  the  power 
to  the  Governor  to  be  elected  by  the  people  in  a  certain 
contingency. ' ' 

The  ordinance  was  taken  up  and  twice  read. 


Journal  of  the  Convention  of  1865  219 

Mr.  Kenan  added  the  following  amendment,  which 
was  agreed  to: 

"And  that  the  bonds  upon  which  such  loans  may  be 
made  shall  be  countersigned  by  the  Treasurer." 

Mr.  Doyal  proposed  the  following  amendment: 

And  be  it  further  Ordained,  That  to  effect  the  loan 
aforesaid,  the  Provisional  Governor  be,  and  he  is  hereby, 
authorized  to  issue  bonds  of  the  State  of  Georgia  in  such 
amounts  as  may  be  deemed  necessary,  bearing  interest 
at  the  rate  of per  cent,  per  annum,  payable  semi- 
annually, and  to  run  for  not  more  than  five  years,  and 

to  be  negotiated  at  a  discount  not  exceeding  per 

cent.,  and  for  the  purpose  aforesaid  he  is  hereby  author- 
ized to  employ  an  agent  at  a  compensation  of  not  exceed- 
ing   dollars. 

Mr.  Hansen  moved  to  fill  the  first  blank  with  the  word 
"eight."    Lost. 

Mr.  Martin  of  Habersham,  moved  to  fill  with  the 
words  **not  more  than  seven." 

Agreed  to. 

Mr,  Doyal  moved  to  fill  the  second  blank  with  the 
words  **  twenty-five. " 

Lost. 

Mr.  Doyal  moved  then  to  fill  with  the  word  *'ten." 

Agreed  to. 

Mr.  Hill  moved  to  amend  by  inserting  after  the  word 
** necessary"  the  words  **not  to  exceed  five  hundred  thou- 
sand dollars." 

Agreed  to. 


220  Confederate   Kecords 

Mr.  Parrott  moved  to  strike  out  all  after  the  words 
"percent."  (last  mentioned.) 

Agreed  to. 

Mr.  Barnes  moved  to  insert  after  the  word  "annu- 
ally," the  words  "in  national  currency." 

Pending  which  Mr.  Jenkins  moved  that  the  original 
ordinance,  with  amendments,  be  referred  to  a  special 
committee  of  three,  with  instructions  to  report  tomorrow 
morning. 

Agreed  to. 

The  President  appointed  the  following  as  that  com- 
mittee : 

Messrs.  King  of  Richmond, 
Doyal  of  Spalding, 
Warner  of  Meriwether. 

On  motion  the  Convention  adjourned  until  9 :30  o  'clock 
a.  m.,  tomorrow. 


TUESDAY,  OCTOBER  31st,  1865, 

9:30  O'CLOCK,  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  j^rayer  by  Rev.  Mr.  Flinn,  of  this  city,  the  journal 
of  yesterday  was  read. 

Mr.  Harris  of  Worth,  gave  notice  that  he  should  move 
to  reconsider  so  much  of  the  journal  of  yesterday  as  re- 
fers to  the  Freedman's  Bureau. 

Mr.  Thomas  gave  notice  that  he  should  move  to  re- 
consider so  much  of  the  journal  of  yesterday  as  records 


Journal  of  the  Convention  of  1865  221 

the  action  of  the  Convention  on  the  1st  paragraph,  1st 
section,  3d  Article  of  the  Constitution. 

On  motion  of  Mr.  Chappell  of  Muscogee,  leave  of 
absence  was  granted  Mr.  Holt  of  Muscogee,  for  the  bal- 
ance of  the  session  on  account  of  sickness. 

The  following  message  was  received  from  His  Excel- 
lency James  Johnson,  Provisional  Governor  of  the  State 
of  Georgia,  by  L.  H.  Briscoe,  his  Secretary,  to- wit: 

Mr.  Presid^ent:  I  am  directed  by  the  Governor  to 
deliver  to  the  Convention  a  communication  in  writing, 
in  response  to  a  resolution  of  inquiry  relative  to  certain 
cotton  owned  by  the  State  of  Georgia. 

(See  page  53.) 

On  motion  of  Mr.  Kenan,  the  message  was  taken  up 
and  read  together  with  the  accompanying  documents, 
and  on  motion  of  Mr.  Wikle  of  the  county  of  Bartow, 
were  referred  to  a  committee  of  seven,  consisting  of 

Messrs.  Wikle  of  Bartow, 
Cohen  of  Chatham, 
King  -of  Richmond, 
Floyd  of  Newton, 
Warren  of  Houston, 
Adams  of  Putnam, 
Williams  of  Muscogee. 

Mr.  Cohen  of  Chatham,  asked  to  be  excused  from  serv- 
ing on  said  committee.     Not  excused. 

Mr.  Cook  of  Macon,  moved  to  have  1,000  of  the  mes- 
sage and  documents  printed,  which  was  lost. 


222  CONFEDEEATE     EeCORDS 

Mr.  Cochran  moved  to  print  325  copies. 

Agreed  to. 

Mr.  Morgan  of  Dougherty,  introduced  the  following 
resolution,  which  was  taken  up,  read  and  adopted: 

Whereas,  two  telegrams,  one  from  the  President  of 
the  United  States,  and  the  other  from  his  Secretary  of 
State,  have  been  received  and  read  to  this  Convention, 
indicating  in  rather  plain  terms  what  course  should  be 
pursued  by  this  Convention  in  relation  to  the  State  debt 
of  Georgia,  contracted  to  carry  on  the  war,  which  tele- 
grams both  refer  to  communications  received  from  the 
Provisional  Governor  of  this  State.     It  is  therefore 

Resolved,  That  a  committee  of  three  be  appointed 
from  this  body  by  the  chair  and  required  to  call  upon  the 
Provisional  Governor,  James  Johnson,  for  a  copy  of  the 
telegrams  sent  by  him  to  Washington,  and  all  communica- 
tion between  him  and  the  department  in  Washington  re- 
lating thereto. 

The  Pres^ident  announced  the  following  committee 
under  the  above  resolution: 

Messrs.  Morgan  of  Dougherty, 
Warren  of  Pulaski, 
Jordan  of  Jasper. 

Mr.  Mallard  of  Liberty,  introduced  the  following  reso- 
lution, which  was  read  and  laid  over  under  the  rule : 

Whereas,  rigid  economy  in  the  public  expenditures  is 
an  element  of  strength  in  republican  governments, 

Resolved,  That  the  multiplication  of  unnecessary  offi- 
cers is  condemned  by  the  people  of  Georgia. 


Journal,  of  the  Convention  of  1865  223 

Resolved,  That  this  Convention  respectfully  but  earn- 
estly recommends  to  the  General  Assembly,  whose  duty  it 
shall  be  to  fix  by  law  the  salaries  of  executive,  legislative 
and  judiciary  officers,  that  said  salaries  ought  not  to 
exceed  adequate  compensation  for  services  actually  ren- 
dered. 

Mr.  Martin,  of  Habersham,  introduced  the  following 
ordinance,  which  was  twice  read: 


AN  ORDINANCE 

To  legalize  and  make  valid  the  civil  and  criminal  laws 
in  the  Code  of  Georgia. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  and  it  is  hereby  ordained  by  the  authority 
of  the  same,  That  all  laws  and  parts  of  laws  both  civil 
and  criminal  contained  in  the  new  code  of  Georgia,  which 
are  not  repugnant,  derogatory  or  in  violation  of  the  Con- 
stitution of  the  United  States,  nor  the  Constitution 
adopted  by  this  Convention,  and  which  have  not  been  re- 
pealed or  changed  heretofore  by  the  Legislature,  be,  and 
the  same  are,  hereby  declared  and  made  valid  and  of  full 
force  and  effect  in  the  State  of  Georgia,  and  that  the  same 
shall  so  remain  until  changed,  altered  or  modified  by  the 
Legislature  of  this  State,  except  in  such  cases,  if  any,  as 
may  be  changed  or  altered  by  this  Convention. 

Mr.  Matthews  of  Oglethorpe,  introduced  the  following 
resolution,  which  was  read  the  first  time: 

Resolved,  That  the  committee  of  sixteen  be  and  is 
hereby  instructed  to  take  into  consideration  the  necessity 
of  providing  for  the  temporary  organization  of  one  or 


224  CONFEDEKATE     ReCOEDS 

■*  •      .       . 

more  militia  companies  in  each  county  in  the  State,  and 
report  to  this  Convention  by  ordinance  or  otherwise. 

Mr.  Parrott  from  the  special  committee  to  whom  was 
referred  an  ordinance  to  prevent  the  levy  and  sale  of  the 
property  of  debtors  under  execution  until  the  adjourn- 
ment of  the  first  session  of  the  next  legislature,  etc.,  re- 
ported the  following  ordinance,  and  recommended  its 
adoption : 

AN  ORDINANCE 

To  prevent  the  levy  and  sale  of  the  property  of  debtors 
under  execution,  until  the  adjournment  of  the  first 
session  of  the  next  legislature  or  until  otherwise 
directed,  if  before  that  time. 

Be  it  ordained  hy  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  there  shall  be  no  levy  or  sale  of 
property  of  defendants  in  this  State  under  execution, 
founded  on  any  judgment,  order  or  decree,  except  execu- 
tions for  cost  or  rules  against  officers  for  money,  and  ex- 
cept in  cases  where  defendants  reside  without  the  State 
have  absconded,  are  absconding  or  are  about  to  remove 
their  property  without  the  limits  of  any  county  in  this 
State,  until  the  adjournment  of  the  first  session  of  the 
next  legislature,  or  until  the  legislature  shall  otherwise 
direct,  if  before  that  time. 

Be  it  further  ordained.  That  any  officer  or  other  per- 
son violating  this  ordinance,  shall  be  guilty  of  trespass 
and  liable  to  be  sued  in  any  court  of  this  State  having 
proper  jurisdiction;  and  the  measure  of  damages  shall 
be  the  injury  resulting  to  the  injured  party  by  reason  of 
said  trespass. 


Journal  of  the  Convention  of  1865  225 

Be  it  further  ordained,  That  the  statutes  of  limitation 
now  of  force  in  this  State,  be,  and  the  same  are,  hereby 
suspended  in  all  cases  affected  by  this  ordinance  until 
the  adjournment  of  the  first  session  of  the  next  legisla- 
ture, or  until  the  legislature  shall  otherwise  direct,  if 
before  that  time. 

The  report  of  the  committee  was  taken  up  and  the 
ordinance  read  the  third  time. 

Mr.  Mclntyre  of  Thomas,  proposed  the  following  as 
an  additional  section: 

And  he  it  further  ordained,  That  the  statutes  of  limi- 
tations in  all  cases,  civil  and  criminal,  be,  and  the  same 
are,  hereby  declared  to  be  and  have  been  suspended  from 
the  19th  day  of  January,  1861,  and  shall  continue  until 
civil  government  is  fully  restored,  or  until  the  legislature 
shall  otherwise  direct. 

The  amendment  was  agreed  to  and  the  report  of  the 
committee  as  amended  was  adopted. 

Mr.  Cabaniss  introduced  the  following  ordinance 
which  was  read  twice : 

AN  ORDINANCE 

To  provide  for  the  payment  of  the  officers  and  members 
of  this  Convention. 

Be  it  ordained,  That  the  sums  of  ten  dollars  per  day 
be  paid  to  the  President  of  this  Convention  during  the 
present  session,  and  the  sum  of  five  dollars  for  every 
twenty  miles  of  travel  going  to  and  returning  from  the 
seat  of  government,  to  be  computed  by  the  nearest  route 


226  Confederate   Records 

usually  travelled;  the  sum  of  six  dollars  each,  per  day, 
to  the  members  of  the  Convention,  and  the  sum  of  five 
dollars  for  every  twenty  miles  of  travel,  going  to  and 
returning  from  the  seat  of  government  under  the  same 
rules  which  apply  to  the  President;  the  sum  of  six  dol- 
lars, each,  per  day,  to  the  Doorkeeper,  Messenger  and 
Assistant  Messenger,  and  the  same  mileage  as  is  paid  to 
the  members  of  the  Convention ;  and  the  sum  of  eight  dol- 
lars per  day  to  the  Secretary,  and  seven  dollars  per  day 
each  to  the  Assistant  Journalizing,  Engrossing  and  En- 
rolling Clerks. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  4th  article  of  the  Constitution,  which  was 
taken  up,  read  twice,  and  taken  up  by  sections. 

The  article  was  as  follows : 


ARTICLE  IV. 

Section  1. 

1.  The  Judicial  powers  of  this  State  shall  be  vested 
in  a  Supreme  Court,  for  the  correction  of  errors,  a 
Superior,  Inferior,  Ordinary  and  Justice's  Courts,  and 
in  such  other  Courts  as  have  been,  or  may  be,  established 
by  law, 

2.  The  Supreme  Court  shall  consist  of  three  Judges, 
who  shall  be  elected  by  the  General  Assembly,  for  such 
term  of  years — not  less  than  six — as  shall  be  prescribed 
by  law,  and  shall  continue  in  office  until  their  successors 
shall  be  elected  and  qualified ;  removable  by  the  Governor 
on  the  address  of  two-thirds  of  each  branch  of  the  General 
Assembly,  or  by  impeachment  and  conviction  thereon. 


JOURNAl.  OF  THE   CONVENTION   OF   1865  227 

3.  The  said  Court  shall  have  no  original  jurisdic- 
tion, but  shall  be  a  Court  alone  for  the  trial  and  correc- 
tion of  errors  in  law  and  equity  from  the  Superior  Courts 
of  the  several  Circuits,  from  the  City  Courts  of  the  cities 
of  Savannah  and  Augusta,  and  such  other  like  Courts  as 
may  be  hereafter  established  in  other  cities;  and  shall 
sit  '*at  the  seat  of  Government"  at  such  time  or  times  in 
each  year  as  the  General  Assembly  shall  prescribe,  for 
the  trial  and  determination  of  writs  of  error  from  the 
several  Superior  Courts  included  in  such  judicial  dis- 
tricts. 

4.  The  said  Court  shall  dispose  of  and  finally  de- 
termine every  case  on  the  docket  of  such  Court,  at  the 
first  or  second  term  after  such  writ  of  error  brought ;  and 
in  case  the  plaintiff  in  error  shall  not  be  prepared  at  the 
first  term  of  such  Court,  after  error  brought,  to  prose- 
cute the  case,  unless  precluded  by  some  Providential 
cause  from  such  prosecution,  it  shall  be  stricken  from 
the  docket  and  the  judgment  below  affirmed.  And  in  any 
case  that  may  occur,  the  Court  may,  in  its  discretion, 
withhold  its  judgment  until  the  term  next  after  the  argu- 
ment thereon. 

Section  2. 

1.  The  Judges  of  the  Superior  Courts  shall  be  elected 
in  the  same  manner  as  Judges  of  the  Supreme  Court, 
from  the  circuits  in  which  they  are  to  serve,  for  the  term 
of  four  years,  and  shall  continue  in  office  until  their  suc- 
cessors shall  be  elected  and  qualified,  removable  by  the 
Governor  on  the  address  of  two-thirds  of  each  branch 
of  the  General  Assembly,  or  by  impeachment  and  con- 
viction thereon. 


228  Confederate    Records 

2.  The  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  of  divorce,  both  total  and  partial;  but 
no  total  divorce  shall  be  granted  except  on  the  concurrent 
verdicts  of  two  special  juries.  In  each  divorce  case,  the 
Court  shall  regulate  the  rights  and  disabilities  of  the 
parties. 

3.  The  Superior  Courts  shall  also  have  exclusive 
jurisdiction  in  all  criminal  cases,  except  as  relates  to  fines 
for  neglect  of  duty,  contempts  of  Court,  violation  of  road 
laws,  obstructions  of  water  courses,  and  in  all  other 
minor  offenses  which  do  not  subject  the  offender  or  offen- 
ders to  loss  of  life,  limb  or  member,  or  to  confinement 
in  the  penitentiary ;  jurisdiction  of  all  such  cases  shall  be 
vested  in  such  County  or  Corporation  Courts,  or  such 
other  Courts,  judicatures,  or  tribunals  as  now  exist,  or 
may  hereafter  be  constituted,  under  such  rules  and  regu- 
lations as  the  legislature  may  have  directed,  or  may  here- 
after by  law  direct. 

4.  All  criminal  cases  shall  be  tried  in  the  county 
where  the  crime  was  committed,  except  in  cases  where 
a  jury  can  not  be  obtained. 

5.  The  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  respecting  titles  to  land,  which  shall  be 
tried  in  the  county  where  the  land  lies;  and  also  in  all 
equity  causes  which  shall  be  tried  in  the  county  where  one 
or  more  of  the  defendants  reside,  against  whom  substan- 
tial relief  is  prayed. 

6.  It  shall  have  appellate  jurisdiction,  in  all  such 
cases  as  may  be  provided  by  law. 

7.  It  shall  have  power  to  correct  errors  in  inferior 
judicatories  by  writ  of  certiorari,  and  to  grant  new  trials 
in  the  Superior  Court  on  proper  and  legal  grounds. 


Journal  of  the  Convention  of  1865  229 

8.  It  shall  have  power  to  issue  writs  of  mandamus, 
prohibition,  scire  facias,  and  all  other  writs,  which  may 
be  necessary  for  carrying  its  powers  fully  into  effect. 

9.  The  Superior  Court  shall  have  jurisdiction  in  all 
other  civil  cases,  and  in  them  the  General  Assembly  may 
give  concurrent  jurisdiction  to  the  Inferior  Court,  or  such 
other  county  courts  as  they  may  hereafter  create,  which 
cases  shall  be  tried  in  the  county  where  the  party  resides. 

10.  In  cases  of  joint  obligors,  or  joint  promissors  or 
co-partners,  or  joint  trespassers  residing  in  different 
counties,  the  suit  may  be  brought  in  either  county. 

11.  In  case  of  a  maker  and  indorser,  or  indorsers  of 
promissory  notes  residing  in  different  counties  in  this 
State,  the  same  may  be  sued  in  the  county  where  the 
maker  resides. 

12.  The  Superior  Court  shall  sit  in  each  county  twice 
in  every  year,  at  such  stated  times  as  have  been  or  may 
be  appointed  by  the  General  Assembly,  and  the  Inferior 
and  County  Court  at  such  times  as  the  General  Assembly 
may  direct. 

Section  3. 

1.  The  judges  shall  have  salaries  adequate  to  their 
services  fixed  by  law,  which  shall  not  be  ddminished  dur- 
ing their  continuance  in  office;  but  shall  not  receive  any 
other  perquisites  or  emoluments  whatever,  from  parties 
or  others,  on  account  of  any  duty  required  of  them. 

2.  There  shall  be  a  State's  Attorney  and  Solicitors 
elected  in  the  same  manner  as  the  Judges  of  the  Supreme 
Court,  and  commissioned  by  the  Governor,  who  shall  hold 


230  Confederate    Records 

their  offices  for  the  term  of  four  years,  or  until  their  suc- 
cessors shall  be  appointed  and  qualified,  unless  removed 
by  sentence  or  impeachment,  or  by  the  Governor,  on  the 
address  of  two-thirds  of  each  branch  of  the  General  As- 
sembly. They  shall  have  salaries  adequate  to  their 
services  fixed  by  law,  which  shall  not  be  diminished  dur- 
ing their  continuance  in  office. 

3.  The  Justice  or  Justices  of  the  Inferior  Court,  and 
the  Judges  of  such  other  County  Courts  as  may  by  law 
be  created,  shall  be  elected  in  each  county  by  the  persons 
entitled  to  vote  for  members  of  the  General  Assembly. 

4.  The  Justices  of  the  Peace  shall  be  elected  in  each 
district  by  the  persons  entitled  to  vote  for  members  of 
the  General  Assembly. 

5.  The  powers  of  a  Court  of  Ordinary  and  Probate 
shall  be  vested  in  an  Ordinary  for  each  county,  from 
whose  decisions  there  may  be  an  appeal  to  the  Superior 
Court,  imder  regulations  prescribed  by  law.  The  Ordi- 
nary shall  be  ex-oficio  clerk  of  said  Court,  and  may  ap- 
point a  deputy  clerk.  The  Ordinary,  as  clerk,  or  his 
deputy,  may  issue  citations  and  grant  temporary  letters 
of  administration,  to  hold  until  permanent  letters  are 
granted;  and  said  Ordinary,  as  clerk,  or  his  deputy,  may 
grant  marriage  licenses.  The  Ordinaries  in  and  for  the 
respective  counties  shall  be  elected,  as  other  county  offi- 
cers are,  on  the  first  Wednesday  in  January,  1868,  and 
every  fourth  year  thereafter,  and  shall  be  commissioned 
by  the  Governor  for  the  term  of  four  years.  In  case  of 
any  vacancy  of  said  office  of  Ordinary,  from  any  cause, 
the  same  shall  be  filled  by  election,  as  is  provided  in  rela- 
tion to  other  county  officers,  and  until  the  same  is  filled, 


Journal  of  the  Convention  of  1865  231 

the  Clerk  of  the  Superior  Court  for  the  time  being,  shall 
act  as  clerk  of  said  Court  of  Ordinary. 

Mr.  Wright  of  Coweta,  moved  to  suspend  the  rule  for 
the  purpose  of  allowing  him  to  introduce  a  resolution, 
and  accepted  the  amendment  of  Mr,  Stapleton  to  allow 
the  introduction  of  all  new  matter. 

The  rule  was  suspended. 

M!r.  Wright  introduced  the  following  resolution,  which 
was  read  and  lies  over  under  the  rule : 

Whereas,  a  difference  of  opinion  exists  among  the 
people  of  Georgia,  as  to  the  obligation  resting  upon  them 
to  pay  the  debt  contracted  for  the  purpose  of  carrying  on 
the  war ;  and  whereas  part  of  the  debt  of  the  State  con- 
tracted during  the  war  was  for  other  purposes,  about 
which  there  can  be  no  difference,  as  in  case  of  that  part 
which  was  made  in  payment  for  stock  in  the  Atlantic 
and  Gulf  Eailroad,  which  stock  is  still  the  property  of 
the  State,  and  that  part  which  was  in  payment  of  the 
salaries  of  judges  and  other  public  officers  which  was 
necessary  to  maintain  government,  and  keep  order  at 
home  during  the  war  and  that  part  which  was  for  money 
to  meet  the  calls  of  humanity  upon  the  State.  Be  it 
therefore 

Resolved,  That  a  committee  of  three  be  appointed  to 
ascertain  what  part  of  said  debt  was  contracted  for  the 
purposes  of  carrying  on  the  war  and  what  part  for  other 
purposes,  and  that  said  committee  report  the  fact  to  the 
General  Assembly  of  this  State  for  their  action. 

Mr.  Rawls  of  Effingham,  submitted  the  following  reso- 
lution, which  was  read  once  and  lies  over  under  the  rule. 


232  Confederate   Records 

Whereas,  by  the  misfortunes  and  result  of  the  late 
war,  the  people  of  the  State  of  Georgia  have  in  a  great 
measure  been  left  moneyless  and  many  of  them  without 
any  reasonable  prospect  at  an  early  day  of  making 
money;  and  many,  too,  holders  of  large  real  estates,  such 
as  lands  which  are,  from  the  embarrassed  condition  of 
the  people,  dormant  and  likely  to  remain  so  for  some  time 
to  come ;  to  the  owners  of  which  it  would  be  a  great  sac- 
rifice to  force  a  sale  of  such  property  at  this  time  to  meet 
the  tax  demands  of  the  State  and  General  Government; 
therefore 

Resolved,  That  this  Convention  most  respectfully  rec- 
ommends for  the  consideration  of  the  ensuing  Legisla- 
ture, and  urges  upon  them  the  passage  of  some  bill  based 
upon  the  credit  of  this  State  which  will  as  far  as  practi- 
cable relieve  the  people  of  an  immediate  burdensome  tax, 
both  from  the  State  and  General  Government,  until  the 
pecuniary  condition  of  the  country  will  better  enable  the 
people  to  otherwise  meet  these  demands. 

Mr.  Harris,  of  Worth,  moved  to  reconsider  so  much 
of  the  journal  of  yesterday  as  refers  to  the  action  of  the 
Convention  upon  the  communication  of  Brigadier  Gen- 
eral Tillson,  Acting  Assistant  Commissioner  of  Bureau 
of  Refugees,  Freedmen  and  Abandoned  Lands,  and  the 
resolution  and  ordinance  reported  by  the  committee  of 
sixteen  upon  that  subject. 

The  chair  decided  the  motion  out  of  order. 

Mr.  Harris  moved  to  suspend  the  rule  in  order  to 
move  the  reconsideration  at  this  time. 

The  Convention  refused  to  suspend  the  rule. 

The  unfinished  business  being  resumed,  the  1st  para- 


Journal  of  the  Convention  of  1865  233 

graph  of  the  1st  section  of  the  4th  article  of  the  Constitu- 
tion was  agreed  to. 

Mr.  Hill  of  Morgan,  moved  to  amend  the  2d  para- 
graph of  the  1st  section  of  the  4th  article  by  inserting 
after  the  word  "years"  the  words  ''not  less  than  six 
years." 

Agreed  to. 

Mr.  Whitaker  moved  to  amend  the  same  paragraph 
by  striking  out  the  words  ' '  elected  by  the  General  Assem- 
bly" and  inserting  in  lieu  thereof  the  words  "appointed 
by  the  Governor  by  and  with  the  advice  and  consent  of 
two-thirds  of  the  Senate." 

Upon  which  amendment  he  called  the  yeas  and  nays. 

The  yeas  and  nays  were  ordered  and  resulted — yeas, 
61 ;  nays,  208. 

Those  who  voted  in  the  affirmative  are  Messrs. : 

Alexander  of  Thomas,  Dart, 

Anderson  of  Chatham,  Dorsey, 

Anderson  of  Cobb,  Dowda, 

Atkinson  of  Camden,  DuBose, 

Barksdale,  Edwards, 

^^^^^^^1'  Herring, 

51^^^^'  V  o  Hudson  of  Schley, 


Black  of  Screven, 

Boyd, 

Brewton  of  Bulloch, 


Harris  of  Clarke, 
Harris  of  Hancock, 
Hook, 

Cohen,  Highsmith, 

Cole,  Hopps, 

Covington,  Hansell, 

Crawford  of  Decatur,  Harvey, 


234 


Confederate   Recoeds 


Jenkins, 
Johnson  of  Clark, 

Kirksey, 

King  of  Greene, 

Lamar, 
Lawson, 
Lawrence, 
Lewis  of  Greene, 
Logan  of  Dawson, 
Lloyd, 


Monroe, 

Moore  of  Floyd, 

Matthews  of  Washington,     Tison, 

McCrary, 

McGregor, 

Mclntyre, 


Norman, 

Parrott, 

Parker  of  Johnson, 

Rawls, 

Reese, 

Robinson  of  Early, 

Rumph, 

Scott, 

Seward, 

Scarlett, 

Smith  of  Bryan, 


Walker  of  Richmond, 

Whitaker, 

Winn. 


Nichols. 


Those  who  voted  in  the  negative  are  Messrs. : 


Adair, 

Adams  of  Elbert, 

Adams  of  Putnam, 

Allen, 

Alexander  of  Pike, 

Arnold  of  Henry, 

Arnold  of  Walton, 

Ashley, 

Atkinson  of  Troup, 

Bacon, 

Bagley, 

Barnes, 

Barnett, 

Baxter, 

Bell  of  Forsyth, 

Bell  of  Webster, 


Bethune, 

Bivins, 

Black  of  AValker, 

Bower, 

Bowers, 

Blount, 

Bowen, 

Brady, 

Brantley, 

Brewer, 

Brightwell, 

Burts, 

Bush, 

Cabaniss, 
Callaway, 
Cameron, 


Journal  of  the  Convention  of  1865 


2'M. 


Candler, 

Chandler, 

Chappell, 

Christy, 

Clark, 

Clement, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Cook, 

Cumming, 

Cutts, 

Cureton, 

Davis  of  Jackson, 

Dailey, 

DeGraffenried, 

Dickey, 

Dixon, 

Dorminy, 

Doyal, 

Driver, 

Dimn, 

Dupree, 

Ellington  of  Clayton, 


Goode  of  Pickens, 

Glover, 

Graham, 

Henry, 

Home, 

Hill  of  Morgan, 

Hill  of  Troup, 

Holt  of  Bibb, 

Hopkins, 

Humber, 

Hudson  of  Brooks, 

Hudson  of  Wilkinson, 

Holmes, 

Harris  of  Taliaferro, 

Harris  of  Worth, 

Hammond, 

Howard  of  Towns, 

Hand, 

Harlan, 

Hood, 

Hail, 

Irwin, 


Ellington  of  Gilmer, 

Johnson  of  Campbell, 

O                                                                         7 

Johnson  of  Heard, 

Fowler, 

Jolmson  of  Spalding, 

Freeman, 

Johnson  of  Wilcox, 

Eraser, 

Jones  of  Columbia, 

Felton, 

Jones,  M.  D.,  of  Burke, 

Floyd, 

Jordan, 

Grant, 

Kelley, 

Gordon, 

Kirkland, 

Gillis, 

Kenan, 

Gibson, 

King  of  Rabun, 

Gunnels, 

King  of  Richmond, 

Giles, 

Kimbro, 

Goode  of  Houston, 

Knight, 

236 


Confederate    Recoeds 


Lasseter, 
Lewis  of  Dooly, 
Logan  of  White, 
Logan  of  Bibb, 
Lovett, 
Luffman, 

Middleton, 

Moore  of  Webster, 

Morel, 

Morgan, 

Morris, 

Murphry, 

Mallard, 

Maples, 

Marler, 

]\i]artin  of  Carroll, 

Martin  of  Echols, 

Martin  of  Habersham, 

Matthews  of  Oglethorpe, 

Matthews  of  Upson, 

Mattox, 

McCroan, 

McCutchen, 

McDaniel, 

McDuffie  of  Marion, 

McDuffie  of  Pulaski, 

McLeod, 

McRae  of  Montgomery, 

McRae  of  Telfair, 

Merrill, 

Nash, 

Neal, 

Newsom, 

Paft'ord, 

Parker  of  Murray, 

Parks, 

Patton, 


Paulk, 
Pendleton, 
Pen-land, 
Perry, 

Powell, 
Puckett, 

Quillian, 

Redding, 
Reynolds, 
Richardson, 
Ridley  of  Troup, 
Riley  of  Lumpkin, 
Roberts  of  Dooly, 
Roberts  of  Echols, 
Roberts  of  Warren, 
Robinson  of  Laurens, 
Rogers  of  Gordon, 
Rogers  of  IVl^lton, 
Rouse, 

Saffold, 

Sale, 

Scruggs, 

Sharpe, 

Shannon, 

Sharman, 

Shockley, 

Simmons  of  Gwinnett^ 

Simmons   of   Crawford, 

Singleton, 

Skelton, 

Smith  of  Coweta, 

Solomon, 

Sorrels, 

Stapleton, 

Stephens, 

Stewart, 

Strickland, 


JOUENAL  OF  THE  CONVENTION  OF  1865 


237 


Taliaferro, 

Thompson  of  Jackson, 

Thompson  of  Gordon, 

Thompson  of  Haralson, 

Thomas, 

Trice, 

Turk, 

Turner  of  Campbell, 

Turner  of  Quitman, 

Turnipseed, 

Underwood, 

Walker  of  Carroll, 

Warren  of  Pulaski, 

Warren  of  Houston, 

Watkins, 

Watts, 

Watson, 

Weaver, 

So  the  motion  was  lost. 


Whelchel, 

Williams  of  Baker, 

AVilliams  of  Bryan, 

Williams  of  Muscogee, 

Williamson  of  Haralson, 

Williams  of  Harris, 

Williams  of  Ware, 

W^ikle, 

Willingham, 

Wimberly, 

Womack, 

Wootten  of  DeKalb, 

Wright  of  Coweta, 

Wright  of  Dougherty, 

Wright  of  Emanuel, 

Young, 

Zachery. 


A  message  was  received  from  His  Excellency  the 
Provisional  Governor,  by  hand  of  his  Secretary,  L.  H. 
Briscoe,  Esq. 

On  motion  the  Convention  took  a  recess  until  half 
past  three  o'clock,  P.  M. 


3:30  O'clock  P.  M-. 


The  Convention  re-assembled. 


On  motion  of  Mr.  Blance  the  rule  was  suspended  and 
the  reading  of  the  following  message  from  the  Provis- 
ional Governor  ordered : 


238  Confederate    Records 

Executive  Office, 

MkLLEDGEVILLE,    Oct.    31,    1865. 

Gentlemen  of  the  Convention'.    . 

I  have  the  honor  herewith  to  transmit  to  you  copies 
of  telegrams  sent  by  me  on  Friday  last  to  the  Secretary 
of  State  and  His  Excellency  the  President  of  the  United 
States. 

These  telegrams  and  the  replies  to  them  before  com- 
municated, all  exhibit  the  oflScial  intercourse  I  have  had 
with  the  Government  or  any  of  its  officers  in  relation  to 
the  debt  of  Georgia. 

J.  Johnson, 

Provisional  Governor  of  Georgia. 


(COPY) 
To  Hon.  Wm.  H.  Seward, 

Secretary  of  State,  Washington,  D.  C. 

We  are  pressed  on  the  war  debt,  what  should  the 
Convention  do? 

J.  Johnson, 

Gov.  Etc. 


Journal  or  the  Convention  of  1865  239 

(COPY) 

To  His  Excellency  Andrew  Johnson, 
Pres.  U.  S.,  Washington,  D.  C. 

We  need  some  aid  to  reject  the  war  debt.  Send  me 
some  word  on  the  subject.  What  should  the  Conven- 
tion do? 

J.  Johnson, 
Prov.  Gov.  Ga. 

On  motion  leave  of  absence  was  granted  to  Messrs. 
Cumming  and  Warner. 

The  consideration  of  the  unfinished  business  being 
resumed,  paragraph  2d  of  the  1st  section  of  the  3d  ar- 
ticle of  the  Constitution  as  amended,  was  read  and 
adopted. 

Mr.  Hammond  moved  to  amend  the  3d  paragraph  of 
1st  section  of  the  4th  article  by  striking  out  the  words 
"at  the  seat  of  Government,"  and  inserting  in  lieu 
thereof  the  words  "at  three  places  to  be  designated  by 
the  General  Assembly  for  that  purpose." 

Mr.  Floyd  moved  as  a  substitute  the  words  "at  such 
times  and  places  as  the  General  Assembly  shall  hereafter 
designate."    Lost. 

Mr.  Hammond's  amendment  was  lost. 

The  3d  paragraph  as  reported  was  adopted. 

Mr.  Christy  moved  as  a  substitute  for  the  1st  para- 
graph of  the  2d  section  of  the  4th  article,  the  following : 


240  Confederate    Records 

The  Judges  of  the  Superior  Courts  shall  be  elected 
by  the  people  of  the  several  circuits  on  the  first  Wed- 
nesday in  January  next,  and  quadrennially  thereafter, 
holding  the  office  for  the  term  of  four  years,  or  until  their 
successors  are  elected  and  qualified,  removable  by  the 
Governor  on  the  address  of  two-thirds  of  each  branch 
of  the  General  Assembly,  or  by  impeachment  and  con- 
viction thereon. 

Mr.  Blance  moved  to  lay  the  substitute  on  the  table 
for  the  balance  of  the  session.     Carried. 

Mr.  Reese  moved  to  strike  out  the  words,  '*in  the 
same  manner  as  Judges  of  the  Supreme  Court  from  the 
circuits  in  which  they  are  to  serve  for  the  term  of  four 
years,"  and  insert  in  lieu  thereof  the  words  "on  the 
first  Wednesday  in  January  immediately  after  the  ex- 
piration of  the  term  for  which  they,  or  either  of  them, 
may  have  been  appointed  or  elected  from  the  circuits 
in  which  they  are  to  serve  by  the  people  of  the  circuit 
qualified  to  vote  for  the  members  of  the  General  Assem- 
bly for  the  term  of  four  years,  and  no  other  election 
except  that  of  Attorney  or  Solicitor  General  shall  be 
held  at  the  same  time  and  place. 

Pending  the  discussion  whereon  the  Convention  ad- 
journed until  9:30  o'clock  a.  m.,  to-morrow. 


WEDNESDAY,  NOVEMBER  1st,  1865, 

9:30  O'CLOCK,  A.  M. 
The  Convention  met  pursuant  to  adjournment,  and 


Journal,  of  the  Convention  of  1865  241 

after  prayer  by  Rev.  Mr.  Flinn,  the  journal  of  yester- 
day was  read. 

Mr.  Matthews  of  Oglethorpe,  moved  to  suspend  the 
rule  and  allow  the  introduction  of  new  matter. 

The  rule  was  suspended. 

Mr.  Matthews  introduced  the  following  resolution, 
which  was  read,  but  the  Convention  refusing  to  take  it 
up  it  lies  over  under  the  rule. 

Resolved,  That  the  committee  of  sixteen  be,  and  is 
hereby,  instructed  to  take  into  consideration  the  expe- 
diency of  selling  the  Western  and  Atlantic  Railroad, 
and  applying  the  proceeds  of  the  sale,  or  so  much  thereof 
as  may  be  necessary,  to  the  payment  of  the  public  debt 
of  the  State;  or  of  dividing  the  capital  stock  of  said 
road  into  shares  and  tendering  the  same,  or  so  much 
thereof  as  may  be  necessary,  to  the  creditors  of  the  State 
in  payment  of  their  claims,  according  to  the  principles 
of  justice  and  equity,  and  report  to  this  Convention  by 
ordinance  or  otherwise. 

Mr.  King  of  Richmond,  chairman  of  the  select  com- 
mittee to  whom  was  referred  an  ordinance  to  request 
and  authorize  the  Provisional  Grovernor  of  Georgia  to 
borrow  on  the  credit  of  this  State,  a  sufficient  sum  of 
money  to  pay  what  may  be  due  on  the  civil  list  and  what 
may  become  due  thereon  until  by  the  collection  of  taxes 
the  State  may  dispense  with  loans,  and  to  extend  the 
power  to  the  Governor  to  be  elected  by  the  people  in  a 
certain  contingency. 

Reported  the  same  back  with  the  following  amend- 
ments and  recommends  its  passage: 


242  •  CONFEDEKATE    EeCOBDS 

1st,  To  insert  after  the  word  '*to"  in  the  fifth  line 
first  section  the  words  * '  repay  the  temporary  loans  made 
by  him"  as  reported  to  the  Convention. 

2d,  To  add  to  the  original  bill  the  following: 

And  be  it  further  ordained,  That  to  facilitate  the  ne- 
gotiation of  such  loans  in  such  sums  and  at  such  times 
as  the  wants  of  the  State  may  require  for  the  purposes 
aforesaid,  the  Governor  is  hereby  authorized  and  re- 
quired to  sign  and  issue  drafts,  notes  or  bonds,  counter- 
signed by  the  Treasurer  and  payable  at  such  times  and 
on  such  terms  and  in  such  currency  as  may  be  deemed 
by  him  most  conducive  to  the  convenience  and  interests 
of  the  State;  provided,  that  no  obligation  shall  be  con- 
tracted by  him  for  a  less  time  to  run  than  twelve  months, 
or  for  a  longer  time  than  five  years ;  and  provided,  also, 
that  on  short  securities  not  longer  than  twelve  months 
to  run,  not  exceeding  a  rate  of  ten  per  cent  per  annum 
shall  be  allowed ;  and  provided  further,  that  if  said  loan 
or  any  part  of  it  be  raised  on  bonds  of  more  than  one 
year  to  run,  said  bonds  shall  bear  interest  at  the  rate 
of  seven  per  cent,  payable  half  yearly,  shall  not  exceed 
in  the  whole  the  sum  of  $500,000,  and  shall  not  be  sold 
at  a  discount  on  the  par  value  of  more  than  ten  per 
cent.  And  it  is  further  provided,  that  this  ordinance 
shall  not  be  construed  to  restrict  or  control  the  legis- 
lature in  the  exercise  of  a  sound  discretion  in  making 
any  loan  for  the  foregoing  purposes  or  any  other  want 
of  the   State. 

The  report  of  the  committee  was  taken  up,  the  amend- 
ments agreed  to,  and  the  ordinance  as  amended  was  read 
the  third  time  and  passed. 


JOURNAX.  OF  THE   CONVENTION   OF   1865  243 

Mr.  Cook  of  Macon,  introduced  the  following  resolu- 
tion, which  was  read  and  lies  over  under  the  rule. 

Resolved,  That  this  Convention  do  hereby  approve  of 
and  ratify  the  action  of  Joseph  E.  Brown,  late  Governor 
of  this  State,  and  of  Provisional  Governor  James  John- 
son, in  disavowing  the  authority  of  the  agent  of  the  State 
in  the  sale  of  1,650  bales  of  cotton  in  Savannah,  in  No- 
vember last. 

Resolved,  That  His  Excellency  Provisional  Governor 
Johnson,  be,  and  he  is  hereby,  authorized  and  required 
to  adopt  such  measures  and  take  such  action  as  will  se- 
cure and  protect  the  interest  of  the  State  in  said  cotton. 

Mr.  Mallard  introduced  the  following  resolution, 
which  was  read  and  lies  over  under  the  rule : 

Resolved,  That  no  member  of  this  Convention  shall 
receive  per  diem  compensation  after  leave  of  absence 
granted  for  the  balance  of  the  session,  except  said  leave 
of  absence  be  granted  on  account  of  sickness  of  himself 
or  in  his  family. 

Mr.  Ridley,  of  Troup,  offered  the  following  resolu- 
tion: 

Resolved,  That  the  Hon.  Permedus  Reynolds,  of  the 
county  of  Newton,  Dr.  John  F.  Moreland,  of  the  county 
of  Troup,  and  the  Hon.  Anderson  W.  Redding,  of  the 
county  of  Harris,  be,  and  the  same  are,  hereby  appointed 
a  commission  to  examine  into  and  report  to  the  General 
Assembly,  at  its  next  session,  the  true  condition  of  the 
finances  of  the  State  of  Georgia,  the  appropriations  which 
have  been  made  and  for  what  purposes,  how  much  for 
the  military  and  how  much  for  the  civil  departments  of 
the  Government,  since  the  first  of  January,  1861,  what 


244  Confederate   Records 

amount  of  bonds  and  Treasury  notes  have  been  issued 
during  tbe  same  period  of  time,  and  for  what  purposes 
and  how  directed;  what  investments  have  been  made  in 
cotton,  stocks  or  other  securities  and  by  what  authority 
such  investments  were  made,  and  a  minute  account  of 
the  public  debt  of  whatever  character,  and  the  resources 
of  the  State  upon  which  she  may  rely  to  pay  such  in- 
debtedness, and  that  said  committee  have  power  to  send 
for  persons  and  papers. 

And  be  it  further  resolved,  That  if  either  of  the  gen- 
tlemen above  named  shall  fail  to  serve,  then  the  remain- 
ing number  of  said  commission  shall  have  power  to  fill 
such  vacancy  so  occurring;  and  that  the  General  Assem- 
bly at  its  next  session,  make  such  appropriations  as  will 
compensate  said  committee  for  the  services  so  performed. 

The  resolutions  were  read  and  lies  over  under  the 
rule. 

Mr.  Barnes,  chairman  of  the  committee  on  enrollment, 
made  the  following 

REPORT: 

Mr.  President:  The  conomittee  on  enrollment,  re- 
port the  following  ordinances  and  resolutions  as  duly 
enrolled  and  ready  for  the  signature  of  the  President  and 
attestation  of  the  Secretary,  to-wit: 

An  ordinance  to  prevent  the  levy  and  sale  of  the 
property  of  debtors  under  executions  until  the  adjourn- 
ment of  the  first  session  of  the  next  Legislature,  or  until 
ithe  Legislature  shall  otherwise  direct,  if  before  'that 
time. 


Journal  of  the  Convention  of  1865  245 

Also  a  resolution  and  accompanying  ordinance,  being 
a  report  from  the  committee  of  sixteen,  in  reference  to  a 
proposition  from  Brigadier  General  Tillson,  Assistant 
Commissioner  of  Bureau  Refugees  Freedmen  and  Aban- 
doned Lands,  appointing  certain  officers  and  otlier  citi- 
zens as  officers  of  said  Bureau. 

Also,  a  resolution  that  a  committee  of  five  be  ap- 
pointed by  the  Chair  to  memorialize  the  President  of  the 
United  States,  in  behalf  of  Jefferson  Davis  and  others 
now  confined  as  prisoners  in  Fort  Pulaski,  at  the  mouth 
of  Savannah  river. 

Also,  a  memorial  prepared  by  the  committee  ap- 
pointed under  the  above  resolution. 

Also,  a  resolution  that  the  memorial  prepared  by  the 
special  committee  in  behalf  of  Mr.  Davis  and  others,  be 
signed  by  the  President,  and  attested  by  the  Secretary 
of  this  Convention,  and  transmitted  to  the  President  of 
the  United  States. 

Mr.  Cohen,  of  Chatham,  introduced  the  following  ordi- 
nance :  An  Ordinance  to  provide  for  the  sale  of  the  West- 
ern and  Atlantic  Railroad. 

Be  it  ordained  by  the  people  of  Georgia  in  Conven- 
tion assembled,  That  the  Western  &  Atlantic  Railroad, 
with  all  its  appurtenances,  is  hereby  valued  at  ten  million 
two  hundred  thousand  dollars,  and  shall  be  divided  into 
shares  of  one  hundred  dollars  each;  and  it  shall  be  the 
duty  of  the  Treasurer  of  this  State  to  advertise  said 
road  for  sale  in  all  the  papers  published  in  this  State  for 
one  month,  allowing  any  and  all  citizens  of  this  State, 
and  no  other  persons,  to  take  stock  and  pay  for  the  same 
either  in   specie   or  the   Treasury  notes   of  the  United 


246  Confederate    Records 

States,  or  in  the  bonds  of  the  State  of  Georgia,  issued 
prior  to  the  19th  of  January,  1861,  including  one  hun- 
dred thousand  dollars  of  bonds  issued  after  that  date  for 
stock  in  the  Atlantic  and  Gulf  Railroad  at  par,  or  in  any 
of  the  bonds  issued  by  the  State  after  that  time  at  sev- 
enty-five cents  on  the  dollar,  or  in  any  of  the  Treasury 
notes  of  the  State  known  as  the  notes  payable  in  specie 
or  eight  per  cent,  bonds  at  seventy-five  cents  in  the  dol- 
lar, or  in  any  of  the  Treasury  notes  known  as  six  per 
cent,  notes,  payable  in  specie  or  six  per  cent,  bonds,  at 
thirty-three  and  one-third  cents  in  the  dollar,  or  in  any 
of  the  notes  of  the  State  which  were  payable  in  Confed- 
erate States'  Treasury  notes,  or  in  Confederate  States' 
notes,  and  receivable  in  payment  of  public  dues  at  nine- 
teen dollars  in  notes  for  one  in  stock,  or  in  the  Treasury 
certificates  of  the  State  issued  in  place  of  eight  per  cent, 
notes,  or  six  per  cent,  notes,  which  shall  be  taken  in  lieu 
of  the  eight  per  cent,  notes  or  the  six  per  cent,  notes  which 
they  represent,  and  at  the  same  per  cent.     The  above  per 
cent,  upon  each  State  issued  being  its  gold  value  at  the 
date  of  the  issue ;  provided,  that  each  person  or  corpora- 
tion in  this  State  subscribing  for  stock  shall  pay  into  the 
Treasury  of  the  State  two  per  cent,  on  the  whole  amount 
of  stock  taken  in  sj^ecie  or  the  Treasury  notes  of  the 
United  States.     And  the  Treasurer  of  this  State  is  hereby 
authorized  and  required  to  issue  to  such  purchasers  scrip 
for  one  share  for  every  one  hundred  dollars  subscribed 
and  paid  for  as  aforesaid;  and  the  Treasurer  is  hereby 
directed  to  mark  "paid"  and  file  away  all  State  bonds  or 
notes  and  certificates  taken  up  as  aforesaid,  and  keep 
them  subject  to  the  direction  of  the  General  Assembly, 
and  it  shall  be  his  duty  to  keep  a  book  of  stock  in  which 
shall  be  entered  the  name  of  each  person  or  corporation 
taking  stock,  with  the  county  of  their  residence,  and  a 


Journal  of  the  Convention  of  1865  247 

statement  of  the  kind  of  securities  in  which  payment  is 
received,  and  the  Treasurer  is  hereby  authorized  to  em- 
ploy such  numbers  of  clerks  to  aid  him  in  counting  said 
securities  and  issuing  said  stock  and  the  keeping  said 
book  as  His  Excellency,  the  Governor,  may  think  neces- 
sary for  that  purpose. 

And  he  it  further  ordained,  That  such  portion  of  the 
stock  as  may  remain  unsold  shall  be  the  property  of  the 
State  'til  sold,  and  the  State,  as  such  stockholders,  shall 
enjoy  all  the  rights  and  privileges  of  other  stockholders, 
and  may  at  all  meetings  of  the  stockholders  be  repre- 
sented by  a  commission  appointed  by  the  Governor  for 
that  purpose. 

And  he  it  further  ordained,  That  so  soon  as  five  mil- 
lion dollars  of  said  stock  shall  have  been  subscribed  and 
paid  for,  the  stockholders,  including  the  State  as  such, 
until  all  the  stock  is  taken  be,  and  are  hereby,  declared  to 
be  a  body  corporate  and  politic,  by  the  name  and  style 
of  the  Western  &  Atlantic  Railroad  Company,  with  all 
the  rights,  privileges  and  immunities  of  the  Central  Rail- 
road and  Banking  Company,  except  that  said  company 
shall  have  no  banking  privileges  unless  hereafter  given 
by  the  Legislature,  and  the  stock  held  by  individuals 
and  corporations  shall  be  subject  to  taxation  by  the  Leg- 
islature as  other  railroad  stock  in  the  State  is  taxed. 

And  he  it  further  ordained.  That  so  soon  as  said  sum 
of  five  millions  of  dollars  of  said  stock  is  subscribed 
and  paid  for,  it  shall  be  the  duty  of  the  Governor  to 
give  notice  for  thirty  days,  in  one,  two  or  more  news- 
papers in  this  State,  that  an  election  will  be  held  at 
the  capitol  of  the  State,  on  a  day  mentioned  in  said 
notice,  for  seven  Directors  to  manage  the  affairs  of  said 
Western  &  Atlantic  Railroad  Company,  at  which  election 


248  CONFEDEKATE     RECORDS 

stockholders  may  vote  in  person  or  by  proxy,  each  share 
represented  at  the  meeeting  being  entitled  to  one  vote. 

And  be  it  further  ordained,  That  said  board  of  direct- 
ors shall  have  the  power  to  elect  all  officers  necessary  to 
the  proper  management  of  the  affairs  of-  the  company, 
who  shall  hold  their  offices  for  one  year,  unless  sooner 
removed  for  good  cause  by  the  board  of  directors,  and 
until  their  successors  are  elected  and  qualified. 

And  he  it  further  ordained,  That  the  meeting  of  the 
stockholders  shall  be  annual  for  the  election  of  directors 
at  Atlanta. 

And  he  it  further  ordained,  That  said  sale  of  said 
road  and  its  appurtenances  shall  in  no  way  effect  any 
pledge  or  mortgage  of  the  road  heretofore  made  by  the 
State  for  any  part  of  the  indebtedness,  but  said  company 
shall  hold  said  road  subject  to  all  such  liens  or  mort- 
gages as  the  State  may  have  given,  till  the  debt  intended 
to  be  secured  thereby  is  entirely  extinguished. 

And  he  it  further  ordained.  That  no  part  of  said  State 
bonds  or  treasury  notes  issued  since  19th  January,  1861, 
shall  be  received  in  payment  for  said  stock,  or  for  any 
other  purpose,  unless  they  are  presented  at  the  treasury 
within  four  months  after  the  date  of  the  advertisement 
by  the  treasurer  as  hereinbefore  directed  to  be  made. 

The  ordinance  was  read  twice,  when  Mr.  Cohen  moved 
to  refer  it  to  a  select  committee  of  seven. 

Mr.  Parrott  moved  its  indefinite  postponement. 

The  Chair  decided  the  motion  out  of  order. 

Mr.  Jenkins  moved  to  lay  the  ordinance  on  the  table 


Journal  of  the  Convention  of  1865  249 

for  the  present,  and  that  the  Convention  resume  the  con- 
sideration of  the  unfinished  business. 

The  motion  was  agreed  to. 

The  unfinished  business  being  taken  up,  the  consid- 
eration of  the  amendment  of  Mr.  Reese  was  resumed, 
when  Mr.  Hammond  moved  the  following  amendments 
to  Mr.  Reese's  amendment: 

By  inserting  between  the  words  "by"  and  the  words 
''the  people,"  the  words  "a  majority  vote  of;"  by  strik- 
ing out  ''four"  and  inserting  "six"  before  the  word 
"years"  and  by  adding  to  the  clause  the  words  "vacan- 
cies to  be  filled  as  is  provided  by  the  laws  of  force  prior 
to  1st  January,  1861." 

Mr.  Reese  accepted  so  much  of  the  amendment  as 
adds  to  the  clause  the  words  "vacancies  to  be  filled  as  is 
provided  by  the  laws  of  force  prior  to  1st  January, 
1861." 

The  motion  was  divided,  and  the  motion  to  strike  out 
"four"  was  lost. 

The  motion  to  insert  "a  majority  vote  of"  was  lost. 

Mr.  Dorsey  moved  to  amend  by  striking  out  the  words 
"the  first  Wednesday  in  January,"  and  insert  "the  third 
Wednesday  in  July." 

Mr.  Hill,  of  Morgan,  moved  to  amend  by  inserting 
"and  the  said  Judges  shall  be  required  to  alternate  so 
as  not  to  preside  more  than  one  regular  term  in  two  con- 
secutive years  in  the  same  county,  the  mode  of  alternat- 
ing to  be  prescribed  by  the  Legislature."  Which  was 
lost. 

Mr.  Rawls  moved  to  amend  by  striking  out  the  words 


250  Confederate    Records 

''and  no  other  election  except  that  of  Attorney  or  Solici- 
tor-General shall  be  held  at  the  same  time  and  place." 

The  amendment  was  agreed  to. 

Mr.  Cabaniss  moved  to  amend  by  striking  out  the 
word  ''after"  and  inserting  the  word  "before."  Which 
was  agreed  to. 

Mr.  Dart,  of  Glynn,  moved  to  insert  after  the  word 
"January"  in  the  first  line,  the  words  "until  the  Legis- 
lature shall  otherwise  direct."    Which  was  agreed  to. 

Mr.  Black,  of  Walker,  offered  the  following  as  a  sub- 
stitute : 

"The  State  shall  be  divided  into  ten  Judicial  Cir- 
cuits. There  shall  be  one  Judge  of  the  Superior  Court 
elected  for  each  circuit,  in  such  manner  as  the  General 

Assembly  may  prescribe,  for  the  term  of years, 

who  shall  continue  in  office  until  his  successor  shall  have 
been  elected  and  qualified,  removable  by  the  Governor 
on  the  address  of  two-thirds  of  each  branch  of  the  Gen- 
eral Assembly,  or  by  impeachment  and  conviction 
thereon."    Lost. 

Mr.  Reese's  amendment  as  amended  was  adopted,  and 
the  paragraph  as  amended  was  adopted. 

Mr.  Hammond  moved  to  amend  the  second  paragraph 
by  inserting  after  the  word  "juries,"  the  words  "at  two 
sessions  of  the  court."    Lost. 

The  paragraph  as  reported  was  adopted. 

The  3rd,  4th,  5th,  6th,  7th,  8th,  9th,  10th  and  11th 
paragraphs  were  read  and  adopted. 

The  12th  paragraph  being  under  consideration,  Mr. 


Journal  of  the  Convention  of  1865  251 

Cook  moved  to  amend  by  inserting    before    the    word 
"twice,"  the  words  ''not  less  than." 

Mr.  Hansell  otfered  the  following  as  a  substitute  for 
the  amendment  of  Mr.  Cook: 

After  the  word  "year"  the  words  "and  as  often  as 
in  the  discretion  of  the  presiding  Judge  may  be  necessary 
to  dispose  of  the  criminal  business." 

Pending  the  consideration  of  which  the  Convention 
took  a  recess  until  3:30  o'clock  P.  M. 

3:30  O'clock,  P.  M. 

The  Convention  re-assembled. 

Mr.  Hand  moved  a  suspension  of  the  rule  to  enable 
him  to  call  up  the  resolution  offered  by  him  on  Monday. 
Lost. 

Mr.  Wikle  moved  a  like  suspension,  that  he  might 
offer  a  resolution  calling  on  the  Provisional  Governor 
for  additional  information  respecting  the  cotton  belong- 
ing to  the  State  which  had  been  destroyed,  etc.    Lost. 

The  Convention  proceeded  to  the  consideration  of 
the  unfinished  business — Mr.  Hansell 's  substitute  being 
the  matter  in  order. 

Mr.  Boyd  moved  to  amend  the  substitute  by  adding 
the  words  "upon  the  recommendation  of  the  Grand  Jury 
of  the  county  where  the  called  terms  are  to  be  held." 
Lost 

The  substitute  moved  by  Mr.  Hansell  was  lost. 

Mr.  Cook's  amendment  was  then  agreed  to,  and  the 
paragraph  as  amended  was  adopted. 


252  Confederate    Records 

Paragraph  1st  of  the  3rd  section  having  been  read, 
Mr.  Martin,  of  Habersham,  moved  to  amend  by  inserting 
after  the  word  "diminished"  the  words  ''nor  increased," 
which  was  agreed  to,  and  the  paragraph  thus  amended 
was  adopted. 

In  the  second  paragraph,  Mr.  Lamar  moved  to  strike 
out  the  word  "supreme"  and  insert  the  word  "superior," 
which  was  agreed  to. 

Mr.  Martin,  of  Habersham,  moved  to  amend  the  same 
paragraph  by  inserting  after  the  word  "diminished"  the 
words  "nor  increased."    Agreed  to. 

The  paragraph  as  amended  was  adopted. 

Mr.  Dowda  moved  the  following  substitute  for  the 
3rd  paragraph  of  the  3rd  section  of  the  4th  article: 

"The  inferior  court  of  each  county  in  this  State  shall 
consist  of  one  Judge  elected  by  the  qualified  voters  of 
the  county  on  the  first  Wednesday  in  January  next,  and 
quadriennially  thereafter,  and  shall  continue  in  office 
until  his  successor  is  elected  and  commissioned  by  the 
Governor." 

Rejected. 

The  paragraph  as  reported  by  the  committee  was 
adopted. 

Mr.  Trice  moved  to  amend  the  4th  paragraph  by 
adding  the  following  words:  "And  the  Justices'  Court 
shall  have  jurisdiction  as  to  all  matters  of  contract  where 
the  amount  involved  does  not  exceed  one  hundred  dol- 
lars."    Lost. 

The  4th  paragraph  as  reported,  was  then  adopted. 


Journal  of  the  Convention  of  1865  253 

Mr.  Williams,  of  Muscogee,  moved  to  amend  the  5tli 
paragraph  by  inserting  after  the  word  '' licenses"  the 
words  "and  to  here  issue  and  determine  writs  of  habeas 
corpus."    Lost. 

Mr.  Turner,  of  Quitman,  moved  to  amend  the  para- 
graph by  conferring  upon  the  Ordinaries  authority  to 
perform  the  marriage  ceremony.     Lost. 

Mr.  Goode,  of  Houston,  moved  to  amend  by  striking 
out  the  figures  *'68"  and  inserting  the  figures  ^^66/^ 

Mr.  Parrott  moved  to  divide  the  question,  which  being 
agreed  to  the  Convention  refused  to  strike  out. 

Mr.  Bethune  moved  to  amend  by  striking  out  the 
words  *' Superior  Court"  and  inserting  after  the  words 
''the  Clerk  of  the"  the  word  "Ordinary."  Also  to  strike 
out  at  the  close  of  the  sentence  before  the  word  "Ordi- 
nary" the  words  "the  Clerk  of  the." 

Mr.  Bivins  moved  to  amend  by  striking  out  the  word 
"Clerk"  wherever  it  occurs  in  the  paragraph. 

Mr.  Hail  called  for  the  previous  question,  which  call 
being  sustained,  the  main  question  was  then  put  and  the 
paragraph  as  originally  reported  adopted.. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
submitted  the  following 

REPORT : 

The  committee  of  sixteen  to  whom  the  second  article 
of  the  Constitution  was  recommitted  with  instructions 
to  examine  the  various  plans  submitted  to  the  Conven- 
tion for  the  reduction  of  the  General  Assembly,  and  that 
may  be  referred  to  them  by  the  members  of  the  Conven- 


254  Confederate    Records 

tion,  and  to  report  an  amendment  of  said  article  for 
accomplishment  of  that  object,  respectfully  submit  the 
following: 

That  should  the  Convention  adopt  their  suggestions 
relative  to  reduction,  the  scheme  of  the  representation 
embraced  in  the  article  as  first  reported  by  them  shall 
govern  the  representation  in  the  General  Assembly  which 
shall  first  come  under  this  Constitution,  so  amended  as 
to  fix  that  limit  upon  it.  To  be  inserted  after  the  first 
clause  of  the  2nd  section  of  the  2nd  article. 

2.  It  shall  be  the  duty  of  the  General  Assembly,  at 
its  first  session  after  the  adoption  of  this  Constitution, 
to  arrange  the  counties  into  thirty-three  Senatorial  Dis- 
tricts each,  including  four  contiguous  counties,  and  each 
of  said  districts  shall  be  entitled  to  one  Senator.  If  a 
new  county  be  created  it  shall  be  added  to  a  district  which 
it  adjoins.  The  Senatorial  Districts  may  be  changed  by 
the  General  Assembly ;  but  only  at  the  first  session  after 
the  taking  of  each  successive  census  by  the  United  States 
Government,  and  their  number  shall  never  be  increased. 

To  be  inserted  after  the  first  clause  of  the  third  sec- 
tion of  the  second  article  the  following: 

The  House  of  Representatives  of  the  second  and  all 
subsequent  General  Assemblies  under  this  Constitution, 
shall  be  constituted  as  follows:  Each  of  the  thirty-six 
counties  having  the  largest  representative  population, 
shall  be  a  representative  district.  The  remaining  counties 
shall  be  arranged  into  representative  districts,  each 
including  two  contiguous  counties,  in  such  manner  as 
will  give  the  nearest  approximation  to  equality  in  the 
population  of  the  several  districts  so  formed.  If  in  the 
formation  of  the  districts  as  above  directed  there  be  a 


Journal  of  the  Convention  of  1865  255 

county  not  being  one  of  the  thirty-six  having  the  largest 
representative  population,  and  not  adjoining  one  of  the 
class  of  smaller  counties,  not  yet  placed  in  representative 
district,  it  shall  be  added  to  that  adjoining  representative 
district  which  may  have  the  lowest  population  numeri- 
cally. The  designation  of  each  county  entitled  to  be  a 
representative  district  and  the  arrangement  of  the  other 
counties  into  districts  shall  be  made  anew  by  the  first 
General  Assembly  after  each  successive  census  taken  b}'' 
the  Government  of  the  United  States;  if  a  new  county 
be  created  it  shall  be  attached  to  the  adjoining  repre- 
sentative district  having  the  lowest  representative  popu- 
lation numerically,  and  the  number  of  representative  dis- 
tricts shall  never  exceed  eighty-four. 

If  the  clause  reducing  the  Senate  be  adopted,  the  first 
clause  of  the  second  section  of  this  article  should  be 
amended  by  striking  out  all  before  the  words  "the  first 
district  of"  and  inserting  in  lieu  thereof  the  following: 

*'In  the  Senate  first  elected  under  this  Constitution, 
there  shall  be  forty-four  Senators,  each  elected  from  a 
district  constituted  as  follows,"  and  the  last  sentence  of 
that  clause  be  stricken  out. 

If  the  clause  reducing  the  House  of  Representatives 
be  adopted,  the  first  clause  of  the  third  section  should  be 
stricken  out,  and  the  following  inserted  in  lieu  thereof. 

The  House  of  Representatives  of  the  first  General 
Assembly  under  this  Constitution,  shall  be  composed  as 
follows:  The  thirty-seven  counties  having  the  largest 
representative  population  shall  have  two  representativea 
each,  every  other  county  shall  have  one  representative. 

Which  being  taken  up,  the  1st  paragraph  of  the  2nd 
section  of  the  2nd  article  was  read. 


256  Confederate    Recoeds 

Mr.  Hansell  moved  to  adopt  the  paragraph  as  re- 
ported by  the  committee,  which  motion  prevailed. 

The  1st  paragraph  of  the  2nd  section  of  the  2nd  article 
being  under  consideration. 

Mr.  Jenkins  moved  to  amend  the  1st  paragraph  of  the 
2nd  section  of  the  2nd  article  of  the  Constitution,  by  strik- 
ing out  all  before  the  words  "the  first  district  of"  and 
inserting  in  lieu  thereof  the  following:  **In  the  Senate 
first  elected  under  this  Constitution,  there  shall  be  forty- 
four  Senators,  each  elected  from  a  district  constituted  as 
follows,"  which  was  adopted. 

Mr.  Jenkins  also  moved  further  to  amend  said  para- 
graph by  striking  out  the  latter  clause,  to-wit: 

"If  a  new  county  be  established,  it  shall  be  added  to 
a  district  which  it  adjoins.  The  Senatorial  Districts  may 
be  changed  by  the  General  Assembly,  but  only  at  the  first 
session  after  the  taking  of  each  new  census  by  the  United 
States  Government,  and  their  number  shall  never  be 
increased."    Which  was  agreed  to. 

The  Convention  then  proceeded  to  the  consideration 
of  the  1st  paragraph  of  the  third  section  of  the  second 
article,  as  proposed  to  be  amended  by  the  report  of  the 
committee  proposing  reduction. 

When  Mr.  Martin  moved  as  a  substitute  for  the  para- 
graph the  following:  "The  House  of  Representatives 
shall  be  composed  of  one  Representative  from  each  county 
in  this  State." 

Pending  the  discussion  which  ensued,  the  Convention, 
on  the  motion  of  Mr.  Harris,  of  Worth,  adjourned  until 
9:30  o'clock  A.  M.  tomorrow. 


Journal  of  the  Convention  op  1865  257 

THURSDAY,  NOVEMBER  2,  1865. 

9:30  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  Mr.  Lamar,  a  delegate  from  the  county 
of  Elbert,  the  Journal  of  yesterday  was  read. 

Mr.  Han  sell  gave  notice  that  he  should  move  to  recon- 
sider so  much  of  the  Journal  as  records  the  rejection  of 
the  amendment  proposed  by  him  to  the  4th  paragraph, 
2nd  section,  11th  article  Constitution. 

Mr.  Thomas  gave  notice  that  he  would  move  to  recon- 
sider so  much  as  refers  to  the  adoption  of  the  amendment 
inserting  the  words  ''nor  increased,"  in  the  1st  para- 
graph, 3rd  section,  4th  article. 

Mr.  Goode  gave  notice  that  he  should  move  to  recon- 
sider the  vote  by  which  the  motion  to  strike  out  ''sixty- 
eight"  and  insert  "sixty-six"  was  lost. 

Mr.  Parrott  gave  notice  that  he  should  move  to  recon- 
sider so  much  of  the  Journal  of  yesterday  as  relates  to 
the  action  of  the  Convention  upon  the  plan  of  reducing 
the  Senate  reported  by  the  committee  of  sixteen  under 
instructions. 

Mr.  Jenkins  gave  notice  that  he  would  move  to  recon- 
sider so  much  of  the  Journal  as  refers  to  the  adoption  of 
the  amendments  to  the  1st  paragraph,  2nd  section,  2nd 
article  of  the  Constitution  as  reported  by  the  committee 
of  sixteen  in  the  plan  of  reduction. 

Mr.  Thomas  moved  to  reconsider  so  much  of  the 
Journal  of  yesterday  as  records  the  action  of  the  Con- 
vention agreeing  to  the  amendment  1st  paragraph,  3rd 


258  Confederate    Records 

section,  4th  article  Constitution,  inserting  after  the  word 
''diminished"  the  words  "nor  increased." 

The  motion  to  reconsider  was  lost. 

Mr.  Hansell  moved  to  reconsider  so  much  of  the  Jour- 
nal of  yesterday  as  records  the  action  by  which  the 
amendment  to  the  4th  paragraph  of  the  2nd  section,  4th 
article  of  the  Constitution,  proposed  by  him,  to  strike  out 
all  after  the  words  "in  cases,"  and  insert  the  words 
"where  the  Judge  is  satisfied  by  evidence  that  an  impar- 
tial trial  cannot  be  had"  was  lost. 

Mr.  Goode,  of  Houston,  moved  to  reconsider  so  much 
of  the  Journal  of  yesterday  as  refers  to  a  vote  by  which 
the  Convention  refused  to  amend  the  5tli  paragraph  by 
striking  out  the  figures  "68"  and  inserting  the  figures 
''66.'' 

The  motion  to  reconsider  was  lost. 

Mr.  Parrott  moved  to  reconsider  so  much  of  the  Jour- 
nal of  yesterday  as  relates  to  the  action  by  which  the 
plan  of  the  committee  of  sixteen  proposed  for  the  reduc- 
tion of  the  Senate  was  agreed  to. 

The  motion  to  reconsider  was  agreed  to. 

Mr.  Jenkins  moved  to  reconsider  so  much  of  the  Jour- 
nal as  relates  to  the  action  by  which  all  before  the  words 
"the  first  district  of"  was  stricken  out  in  the  1st  para- 
graph, 2nd  section,  2nd  article  Constitution,  and  the  fol- 
lowing words  inserted  in  lieu  thereof,  the  following :  "In 
the  Senate  first  elected  under  this  Constitution  there  shall 
be  forty-four  Senators,  each  elected  from  a  district  con- 
stituted as  follows : 

The  motion  to  reconsider  was  adopted,  and  on  motion 


Journal  of  the  Convention  of  1865  259 

of  Mr.  Jenkins  that  part  of  the  Journal  was  reconsid- 
ered, which  records  the  action  striking  out  the  last  clause 
of  the  same  paragraph. 

On  motion  of  Mr.  Matthews  the  rule  was  suspended  in 
order  to  take  up  a  resolution  offered  by  him.  The  resolu- 
tion was  amended  by  him  to  read  as  follows : 

Resolved,  That  a  committee  of  one  from  each  judicial 
district,  who  are  hereby  instructed  to  take  into  considera- 
tion the  necessity  of  providing  for  the  temporary  organi- 
zation of  one  or  more  militia  companies  in  each  county  3n 
the  State,  and  report  to  this  Convention  by  ordinance  or 
otherwise. 

The  resolution  as  amended  was  adopted. 

The  following  gentlemen  were  named  by  the  chair, 
as  forming  said  committee: 

J.  D.   Matthews,  Northern  Circuit. 
A.  J.  Hansen,  Blue  Ridge  Circuit. 
E.  N.  Atkinson,  Brunswick  Circuit. 
Z.  B.  Trice,  Chattahoochee  Circuit. 
Wm.  Luffman,  Cherokee  Circuit. 
N.  J.  Hammond,  Coweta  Circuit. 
E.  C.  Anderson,  Eastern  Circuit. 

Murphy,  Flint  Circuit. 

W.  A.  Harris,  Macon  Circuit. 
A.  C.  Walker,  Middle  Circuit. 
M.  W.  Lewis,  Ocmulgee  Circuit. 
R.  A.  Turnipseed,  Pataula  Circuit. 
J.  R.  Alexander,  Southern  Circuit. 
G.  J.  Wright,  Southwestern  Circuit. 
J.  A.  Blance,  Tallapoosa  Circuit. 
Henry  D.  McDaniel.  Western  Circuit. 


260  Confederate    Records 

Mr.  Wikle  moved  to  suspend  the  rule,  to  allow  him  to 
introduce  a  resolution.    Agreed  to. 

Mr.  Wikle  introduced  the  following  resolution,  which 
was  taken  up,  read  and  adopted: 

The  committee  of  seven  to  whom  was  referred  the 
message  of  His  Excellency  James  Johnson,  and  the  docu- 
ments' accompanying  it  on  the  subject  of  cotton  and 
tobacco  purchased  by  the  State,  desiring  further  informa- 
tion on  that  subject,  it  is 

Resolved,  That  His  Excellency  the  Governor,  be  re- 
quested to  communicate  to  this  Convention,  if  within  his 
power  to  do  so,  how  much  money  has  been  drawn  from 
the  treasury  of  this  State  with  which  to  purchase  cotton 
for  the  State,  and  how  much  with  which  to  purchase 
tobacco,  when,  by  whom,  by  what  and  by  whose  authority 
it  was  drawn,  and  in  what  kind  of  currency  it  was  drawn, 
whether  State  or  Confederate  States  money,  bills  or 
bonds,  or  what,  and  of  different  kinds  of  money,  bills,  or 
bonds,  how  much  of  each  kind,  and  how  much  cotton  and 
tobacco  was  purchased  with  the  money  of  the  State  so 
drawn  from  the  treasury,  the  number  of  bales  and  their 
weight,  and  when  and  from  whom  it  was  purchased,  and 
at  what  price,  and  whether  it  was  paid  for  in  the  same 
kind  of  currency,  money  or  bonds  that  was  so  drawn  from 
the  treasury  with  which  to  purchase  those  articles?  How 
many  agents  were  employed  by  the  State,  and  by  whom 
employed  to  purchase  the  cotton  and  tobacco  herein  re- 
ferred to,  and  who  they  were,  and  where  they  now  reside, 
and  then  resided,  and  what  compensation,  and  how  and 
in  what  it  was  paid  them  and  each  of  them,  and  by  whom, 
for  their  services ;  and  also  what  portion  of  the  cotton  so 
purchased  by  the  State  has  been  sold,  and  by  whom,  and 


JoURNALi  OF  THE   CONVENTION   OF   1865  261 

to  whom  sold,  when,  at  what  price,  and  for  what  currency 
it  was  sold,  and  what  amount  of  State  money  issued  since 
the  war  has  been  placed  in  the  State  treasury,  and  when, 
and  by  whom  placed  there,  and  what  amount  of  such 
State  money  has  been  exchanged,  for  Confederate  States 
bills  or  bonds,  before  and  since  it  went  into  the  treasury, 
and  when,  and  by  whom,  and  with  whom,  and  especially 
what  State  officers  or  officials  have  made  such  exchange, 
and  when  and  with  whom,  and  to  what  amount  each  State 
officer  or  agent  has  thus  exchanged,  and  what  use  has 
been  made  by  all  such  officials  or  agents  with  the  Con- 
federate money  they  thus  acquired  by  such  exchange? 

Mr.  Martin  of  Habersham,  moved  to  suspend  the  rule, 
in  order  to  allow  him  to  introduce  a  resolution.    Lost. 

Mr.  Barnes  moved  to  suspend  the  rule  to  allow  him  to 
introduce  a  resolution. 

On  the  motion  to  suspend,  a  majority  voting  in  the 
affirmative,  the  Chair  decided  the  rule  suspended. 

The  correctness  of  the  decision  being  questioned,  the 
chair  took  the  sense  of  the  Convention  upon  the  correct- 
ness' of  his  decision,  and  it  was  sustained. 

Mr.  Barnes  offered  the  following  resolution,  whicli 
was  taken  up  and  read: 

Resolved,  That  the  special  committee  of  seven  ap- 
pointed to  take  into  consideration  the  subject  of  the  cot- 
ton hitherto  belonging  to  the  State,  while  in  session,  shall 
have  power  to  send  for  persons  and  papers. 

Mr.  Hill,  of  Morgan,  moved  to  amend  the  resolution 
by  adding : 

**  Provided,  the  committee  shall  not  be  required  to  sit 


262  CONFEDEEATE     RECORDS 

during  any  recess  of  this  Convention,  or  after  its  final 
adjournment. 

Mr.  Jones,  of  Burke,  moved  to  lay  the  resolution  and 
amendments  on  the  table  for  the  balance  of  the  session. 
Lost. 

Mr.  Kenan  moved  the  previous  question. 

The  call  was  sustained,  the  main  question  was  put, 
and  the  resolution  was  adopted. 

The  Convention  then  proceeded  with  the  unfinished 
business,  which  was  the  consideration  of  the  first  para- 
graph, 3rd  section,  2nd  article,  and  the  substitute  of  Mr. 
Martin. 

Mr.  Quillian  moved  to  substitute  the  paragraph  as  it 
stood  in  the  Constitution  of  1861. 

Mr.  Dorsey  moved  to  amend  the  substitute  offered  by 
Mr.  Quillian  by  striking  out  the  word  ''representative," 
and  inserting  the  word  ''white." 

Mr.  Quillian  withdrew  his  substitute,  and  moved  to 
lay  the  whole  report  of  the  committee  of  sixteen,  made 
under  instructions,  upon  the  table  for  the  balance  of  the 
session. 

Pending  the  discussion  thereon,  the  Convention  took 
a  recess  until  3:30  o'clock  P.  M. 

3:30  O'CLOCK  P.  M. 

The  Convention  re-assembled. 

Mr.  Hook  moved  a  suspension  of  the  rule  to  enable 
him  to  offer  a  resolution  adding  the  name  of  Hon.  A.  S. 
Cutts,  delegate  from  the  county  of  Sumter,  to  the  com- 


Journal  of  the  Convention  of  1865 


263 


mittee  of  sixteen  appointed  this  morning  under  the  reso- 
lution of  Mr.  Matthews,  of  Oglethorpe. 

The  rule  was  suspended  and  the  resolution  adopted. 

The  Convention  then  proceeded  with  the  unfinished 
business,  which  was  the  motion  of  Mr.  Quillian  to  lay 
upon  the  table,  for  the  balance  of  the  session,  the  report 
of  the  committee  of  sixteen,  made  under  instructions; 
when 

Mr.  Black,  of  Walker,  called  for  the  yeas  and  nays, 
and  the  call  being  seconded,  the  yeas  and  nays  were 
ordered,  and  were  as  follows : 

Those  voting  in  the  affirmative  were,  Messrs. : 


Adams,  of  Elbert, 

Allen, 

Ashley, 

Bacon, 

Bagley, 

Black,  of  Screven, 

Bower, 

Bowers, 

Bowen, 

Brantley, 

Brewer, 

Brewton,  of  Bulloch, 

Brightwell, 

Burts, 

Bush, 

Callaway, 

Cameron, 

Chandler, 

Christy, 

Clark, 

Cochran,  of  Terrell, 


Cochran,  of  Wilkinson, 

Cole, 

Colley, 

Cook, 

Cureton, 

Davis,  of  Floyd, 

Davis,  of  Jackson, 

Dailey, 

DeGraifenried, 

Dickey, 

Dorminy, 

Dorsey, 

Douglass, 

DuBose, 

Ellington,  of  Clayton, 
Ellington,  of  Gilmer, 
England, 
Edwards, 

Fowler, 
Freeman, 


264 


CONFEDEKATE     RECORDS 


Fraser, 

Gordon, 

Gillis, 

Gunnels, 

Go  ode,  of  Pickens, 

Graham, 

Henry, 

Home, 

Hopkins, 

Hudson,  of  Schley, 

Hudson,  of  Brooks, 

Harris,  of  Clarke, 

Harris,  of  Taliaferro, 

Harris,  of  Worth, 

Hook, 

Highsinith, 

Hammond, 

Howard,  of  Bartow, 

Howard,  of  Towns, 

Hopps, 

Huie,  of  Clayton, 

Harvey, 

Jackson, 

Jenkins, 

Johnson,  of  Campbell, 

Johnson,  of  Clarke, 

Johnson,  of  Wilcox, 

Jones,  of  Columbia, 

Jones,  E.  T.,  of  Burke, 

Kelley, 

Kirkland, 

Kirksey, 

King,  of  Rabun, 

Kimbro, 

Knight, 

Lamar, 
Lasseter, 


Lawson, 

Lewis,  of  Dooly, 

Logan,  of  White, 

Logan,  of  Bibb, 

Logan,  of  Dawson, 

Luifman, 

Middleton, 

Monroe, 

Morris, 

Mallard, 

Maples, 

Marler, 

Martin,  of  Carroll, 

Martin,  of  Echols, 

Matthews,  of  Oglethorpe, 

Matthews,  of  Washington, 

Mattox 

McCrary, 

McCroan, 

McCutchen, 

McGregor, 

Mclntyre, 

McRae,  of  Montgomery, 

McRae,  of  Telfair, 

Nash, 
Neal, 
Newsom, 
Nichols, 

Pafford, 

Parker,  of  Johnson, 

Parker,  of  Murray, 

Paulk, 

Pcnland. 

Perry, 

Powell, 

Quillian, 

Rawls, 


JOUENAL,  OF  THE   CONVENTION   OF   1865 


265 


Reese, 
Richardson, 
Riley,  of  Taylor, 
Riley,  of  Lumpkin, 
Roberts,  of  Dooly, 
Roberts,  of  Echols, 
Roberts,  of  Warren, 
Robinson,  of  Early, 
Rouse, 
Rumph 

Sale, 

tecruggs, 

Sharpe, 

Sharman, 

Simmons,  of  Crawford, 

Singleton, 

Smith,  of  Bryan, 

Sorrels, 

Stapleton, 

Stephens, 

Strickland, 

Taliaferro, 
Thompson,  of  Jao<kson, 


Thompson,  of  Haralson, 

Tison, 

Turk, 

Turner,  of  Campbell, 

Turner,  of  Quitmm, 

Turnipseed, 

Walker  of  CarroH, 

Watkins, 

Watts, 

Weaver, 

Whitaker, 

Whelchel, 

Williams,  of  Bryan, 

Williams,  of  Haralson. 

Wikle, 

Willingham, 

Wimberly, 

Womack, 

W^ootten,  of  DeKalb, 

Wooten,  of  Terrell, 

Wright,  of  Coweta, 

Wright,  of  Dougherty, 

Young. 


Those  voting  in  the  negative  were,  Messrs. 


Adair, 

Adams,  of  Putnam, 
Alexander,  oi  Pike, 
Alexander,  of  Thomas, 
Anderson,  of  Chatham, 
Anderson,  of  Cobb, 
Arnold,  of  Henry, 
Arnold,  of  Walton, 
Atkinson,  of  Troup, 
Atkinson,  of  Camden, 


Barksdale, 

Barlow, 

Barnes, 

Brassell, 

Bell,  01  Forsvth, 

Bell,  of  Webster, 

Bethune, 

Bivins, 

Black,  of  Walker, 

Boyd, 


266 


CONFEDEEATE     ReCORDS 


Brady, 

Kenan, 

King,  Oi  (Ireene, 

Cabaniss, 

King,  of  Richmond, 

Candler, 

O"                                                        ' 

Clement, 

Lawrence, 

Cohen, 

Lewis,  of  Greene, 

Crawford,  of  Decatur, 

Lovett, 

Cutts, 

Lloyd, 

Dixon, 

Moore,  of  Floyd, 

Doyal, 

Moore,  of  Webster, 

Dowda, 

Morel, 

Driver, 

Murphry, 

Dunn, 

Martin,  of  Habersham. 

Dupree, 

Matthews,  of  Upson, 

McDaniel, 

Felton, 
Floyd, 

McDuffie,  of  Marion, 

McDuffie,  of  Pulaski, 

Grant, 

McLeod, 

(iibson, 

Merrill, 

Giles, 

Norman, 

Glover, 

Herring, 

Parrott, 
Parks 

Hill,  of  Morgan, 

Patton 

Hill,  of  Troup, 
Holt,  of  Bibb, 
Humber, 

-1.      Ci  K)  VV/J_1« 

Pendleton, 
Puckett, 

Holmes, 

Redding, 

Harris,  of  Hancock, 

Reynolds, 

Hand, 

Ridley,  of  Troup, 

Huie,  of  Fayette, 

Robinson,  of  Laurens, 

Hansell, 

Rogers,  of  Gordon, 

Harlan, 

Rogers,  of  Milton, 

Hood. 

Hail, 

Saffold, 

Scarlett, 

Irwin, 

Shannon, 

Johnson,  of  Spalding, 

Shockley, 

Jones,  M.  D.,  of  Burke, 

Simmons,  of  Gwinnett 

Jordan, 

Skelton, 

Journal  of  the  Convention  of  1865  267 

Smith,  of  Coweta,  Warren,  of  Pulaski, 

Solomon,  Warren,  of  Houston, 

Stewart,  Winn, 

r,  r^     J  Williams,  of  Muscoajee, 

Thompson,  of  Gordon,  wiuiams,  of  Harris, 

"^^0°^^®'  Williams,  of  Ware, 

Trice, 

Tnckor,  Zachery. 

Walker,  of  Richmond, 

Yeas,  163;  nays,  108. 

So  the  motion  prevailed. 

On  motion  of  Mr.  Harris,  of  Worth,  the  original  re- 
port of  the  committee  of  sixteen  was  then  taken  up  al: 
article  2nd,  section  2nd  and  acted  upon  by  sections  and 
paragraphs. 

Paragraphs  1,  2,  3  and  4  were  read  and  adopted. 

In  the  1st  paragraph  of  the  3rd  section,  Mr.  Barnes 
moved  to  strike  out  the  word  "representative"  preced- 
ing the  word  "population."    Lost. 

In  the  2nd  paragraph  Mr.  Williams,  of  Ware,  moved 
to  amend  by  adding  the  words  "immediately  preceding 
the  day  of  election."    Lost. 

The  paragraph  as  reported  was  adopted. 

The  3rd,  4th  and  5th  paragraphs  were  adopted. 

The  1,  2,  3,  4,  5,  6,  7,  8  and  9th  paragraphs  of  the  4th 
section  were  adopted. 

The  1st  paragraph  of  the  5th  section  was  adopted. 

Mr.  Hill,  of  Morgan,  moved  to  amend  the  second 
paragraph  by  striking  out  the  words  "at  least  two-thirds 
of  the  members  present  in  each  branch  of  the  General 


268  CONFEDEEATE     ReCOKDS 

Assembly"  and  inserting  in  lieu  thereof  the  words  *'an 
unanimous  vote  of  both  houses  only." 

Mr.  Barnes,  of  Columbia,  moved  as  a  substitute  to 
Mr.  Hill's  amendment  the  words  '* two-thirds  of  the  whole 
number  of  Senators  and  two-thirds  of  the  whole  number 
of  Representatives." 

Mr.  Kenan  moved  the  previous  question  which  being 
sustained,  the  main  question  was  put,  and  the  paragrapii 
as  reported  was  adopted. 

Mr.  Candler  moved  to  amend  the  third  paragraph  by 
adding  the  words  **and  shall  provide  for  the  early  re- 
sumption of  the  regular  exercises  of  the  University  of 
Georgia  by  the  adequate  endowment  of  the  same." 
Agreed  to. 

The  paragraph  as  amended  was  adopted. 

The  fourth  paragraph  was  adopted. 

Mr.  Jenkins  moved  as  a  substitute  for  the  fifth  para- 
graph the  following: 

5.  It  shall  be  the  duty  of  the  General  Assembly  at 
its  next  session  and  thereafter  as  the  public  welfare  may 
require,  to  provide  by  law  for  the  government  of  free 
persons  of  color  for  the  protection  and  security  of  their 
persons  and  property,  guarding  them  and  the  State 
against  any  evil  that  may  arise  from  their  sudden  emanci- 
pation, and  prescribing  in  what  cases  their  testimony 
may  be  admitted  in  the  courts,  for  the  regulation  of  their 
transactions  with  citizens ;  for  the  legalizing  of  their  ex- 
isting and  the  contracting  and  solemnization  of  their 
future  marital  relations  and  connected  therewith  their 
rights  of  inheritance  and  testamentary  capacity;  and  for 
the  regulation  or  prohibition  of  their  immigration  into 


JOUENAL,  OF  THE   CONVENTION   OF   1865  269 

this  state  from  the  other  States  of  the  Union,  or  else- 
where; and  further,  it  shall  be  the  duty  of  the  General 
Assembly  to  confer  jurisdiction  upon  courts  now  existing 
or  to  create  county  courts  with  jurisdiction  in  criminal 
cases  excepted  from  the  exclusive  jurisdiction  of  the 
Superior  Court  and  in  civil  cases  whereto  free  persons  of 
color  may  be  parties. 

The  substitute  was  adopted. 

The  first  and  second  paragraphs  of  the  6th  section 
were  adopted. 

In  the  third  paragraph  Mr.  Parrott  moved  to  strike 
out  the  words  ''granting  a  donation  or  gratuity  in  favor 
of  any  person." 

The  motion  was  lost  and  the  paragraph  as  reported 
was  adopted. 

In  the  fourth  paragraph  Mr.  McDuffie,  of  Marion, 
moved  to  strike  out  all  after  the  word  "city."    Lost. 

The  paragraph  as  reported  was  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  first  article  of  the  Constitution,  with  the 
following  amendment  to  the  8th  clause  of  the  bill  of 
rights,  adding  thereto  the  words  ' '  as  heretofore  practiced 
in  Georgia." 

The  amendment  was  agreed  to  and  the  paragraph  as 
amended  was  adopted. 

Mr.  Lloyd,  of  Chatham,  moved  a  suspension  of  the 
rule  that  he  might  introduce  the  following  resolution, 
which  upon  a  further  suspension  of  the  rule,  was  taken 
up  and  adopted,  to-wit: 


270  Confederate    Records 

Resolved  by  the  people  of  Georgia,  in  convention 
assembled,  Tliat  we,  the  members  of  this  Convention,  in 
behalf  of  the  whole  people  of  Georgia,  do  invoke  the 
kind  consideration  of  His  Excellency  Andrew  Johnson, 
President  of  the  United  States,  in  behalf  of  Josiah  Tat- 
nall,  a  citizen  of  the  State  of  Georgia,  who  has  done  his 
country  good  service,  and  earnestly  pray  that  His  Excel- 
lency will  remove  the  disabilities  under  which  he  now 
labors  and  grant  to  him  a  full  pardon,  with  restoration 
of  the  small  property  which  he  held  at  the  time  of  his 
resignation  from  the  Navy  of  the  United  States. 

Resolved,  That  the  foregoing  resolution  be  signed  by 
the  President  of  this  Convention,  attested  by  the  Secre- 
tary, and  forwarded  to  His  Excellency  the  President  of 
the  United  States. 

On  motion  of  Mr.  Adair,  the  Convention  adjourned 
till  9:30  o'clock  A.  M.  to-morrow. 


FRIDAY,  NOVEMBER  3,  1865. 

9:30  O'CLOCK  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  Rev.  Mr.  Flinn,  the  journal  of  yesterday 
was  read. 

Mr.  Stapleton  gave  notice  that  he  would  move  to  re- 
consider so  much  of  the  journal  of  yesterday  as  refers 
to  the  adoption  of  the  amendment  of  Mr.  Candler  to  the 
3rd  paragraph,  5th  section,  2nd  article  of  the  Consti- 
tution. 


Journal  of  the  Convention  of  1865 


271 


Mr.  Black,  of  Walker,  gave  notice  that  he  would  move 
to  reconsider  so  much  of  the  journal  of  yesterday  as 
relates  to  the  adoption  of  the  resolution  of  Mr.  Lloyd  with 
respect  to  the  pardon  of  Josiah  Tatnall. 

Mr.  Stapleton  moved  to  reconsider  so  much  of  the 
journal  of  yesterday  as  refers  to  the  adoption  of  the 
amendment  of  Mr.  Candler  to  the  3rd  paragraph,  5th 
section,  2nd  article  of  the  Constitution. 

On  the  motion  to  reconsider  the  yeas  and  nays  were 

recorded  and  were  as  follows: 

Those  who  voted  in  the  affirmative  are :    Messrs. 


Adams,  of  Elbert, 
Alexander,  of  Thomas, 

Ashley, 

Bacon, 

Barlow, 

Barnes, 

Barnett, 

Bassell, 

Baxter, 

Bell,  of  Webster, 

Bethune, 

Bivins, 

Black,  of  Walker, 

Bower, 

Bowers, 

Bowen, 

Boyd, 

Brady, 

Brewer, 

Brightwell, 

Bush, 

Chandler, 
Clark, 


Cochran,  of  Terrell, 
Crawford,  of  Decatur, 

Dorminy, 
Dorsey, 
Doyal, 
Driver, 

Ellington,  of  Clayton, 
Ellington,  of  Gilmer, 

Fowler, 

Freeman, 

Eraser, 

Grant, 

Goode,  ot  Pickens, 

Herring, 

Home, 

Hudson,  of  Schley, 

Harris,  of  Taliaferro, 

Harris,  of  Hancock, 

Hook, 

Highsmith, 

Howard,  of  Towns, 


272 


Confederate    Records 


Hopps, 

Huie,  of  Clayton, 

Huie,  of  Fayette, 

ilarvey, 

Harlan, 

Hood, 

Hail, 

Johnson,  of  ttpalding, 

Jones,  R.  T.,  of  Burke, 

Kelley, 

Kirkland, 

Kirksey, 

King,  of  Rabun, 

Kimbro, 

Lamar, 

Lasseter, 

Lewis,  01  Dooly, 

Lewis,  of  Greene, 

Logan,  of  White, 

Logan,  of  Dawson, 

Luffman,  '-P 

Middleton, 

Monroe, 

Moore,   of  Webster, 

Morel, 

Morgan, 

Morris, 

Murphry, 

Maples, 

Martin,  of  Carroll, 

Martin,  of  Echols, 

Martin,   of  Habersham, 

Matthews,  of  Washington, 

Mattox, 

McCroan, 

McCutchen, 

McDaniel, 

McDuffie,  Oi  Pulaski, 


Mclntyre, 

McRae,  of  Montgomery, 

Neal, 
Newsom, 

Pafford, 

Parker,  of  Johnson, 

Parker,  of  Murray, 

Paulk, 

Pendleton, 

Penland, 

Perry, 

Powell, 

Puckett, 

Rawls, 

Redding, 

Reynolds, 

Richardson, 

Riley,  of  Lumpkin, 

Roberts,  of  Dooly, 

Roberts,  of  Echols, 

Robinson,  of  Early, 

Robinson,  of  Laurens, 

Rogers,  of  Gordon, 

Rogers,  of  Milton, 

Rouse, 

Rumph, 

Scruggs, 

Sharman, 

Singleton, 

Sorrels, 

Stephens, 

Strickland, 

Taliaferro, 

Thompson,  of  Gordon, 
Thompson,  of  Haralson, 
Thomas, 
Tison, 


Journal  of  the  Convention  of  1865 


273 


Trice, 

Underwood, 

Walker,  of  Carroll, 
Watkins, 
Weaver, 
Whelchel, 
Williams,  of  Baker, 


Williams,  of  Haralson, 
Williams,  of  Harris, 
Wikle, 
Womack, 

Young, 

Zaeherv. 


Those  who  voted  in  the  negative  are:    Messrs. 


Adair, 

Adams,  of  Putnam, 

Allen, 

Alexander,  of  Pike, 

Anderson,  of  Chatham, 

Anderson,  of  Cobb, 

Arnold,  of  Henry, 

Arnold,  of  Walton, 

Atkinson,  of  Troup, 

Atkinson,  of  Camden, 

Bag-ley, 

Barksdale, 

Bell,  of  Forsyth, 

Blance, 

Black,  of  Screven, 

Blount, 

Brantley, 

Burts, 

Cabaniss, 

Callaway, 

Cameron, 

Candler, 

Chappell, 

Christy, 

Cochran,  of  Wilkinson, 

Cohen, 


Cole, 

Colley, 

Cook, 

Covington, 

Cutts, 

Cureton, 

Dart, 

Davis,  of  Floyd, 

Davis,  of  Jackson, 

DeGraffenried, 

Dickson, 

Dowda, 

DuBose, 

Dupree, 

England, 
Edwards, 

Felton, 
Floyd, 

Gillis, 

(jibson, 

Giles, 

Goode,  of  Houston, 

Glover, 

Graham, 


274 


CONFEDEEATE     ReCORDS 


Henry, 

Hill,  of  Morgan, 

Hill,  of  Troup, 

Holt,  of  Bibb, 

Hopkins, 

Humber, 

Hudson,  of  Brooks, 

Hudson,  of  Wilkinson, 

Holmes, 

Harris,  of  Clarke, 

Harris,  of  Worth, 

Hammond, 

Howard,  of  Bartow, 

Hand, 

Hansell, 

Jackson, 

•Jenkins, 

Johnson,  of  Campbell, 

Johnson,  of  Clark, 

Johnson,  of  Heard, 

Johnson,  of  Jefferson, 

Johnson,  of  Wilcox, 

Jones,  of  Columbia, 

Jones,  M.  D.,  of  Burke. 

Jordan, 

Kenan, 

King,  of  Greene, 

King,  of  Richmond, 

Knight, 

Lawson, 
Lawrence, 
Logan,  of  Bibb, 
Lovett, 
Lloyd, 

Moore,  pf  Floyd, 

Manning, 

Marler, 


Matthews,  of  Oglethorpe. 

McCrary, 

McDuffie,  of  Marion, 

McGregor, 

McLeod, 

McRae,  of  Telfair, 

Merrill, 

Nichols, 
Norman, 

Parrott, 

Park, 

Patton, 

Reese, 

Ridley,  of  Troup, 

Roberts,  of  AVarren, 

Saffold, 

Sale, 

Scott, 

Seward, 

Scarlett, 

Sharp, 

Shannon, 

Shockley, 

Simmons,  of  Gwinnett, 

Simmons,  of  Crawford, 

Skelton, 

Smith,  of  Bryan, 

Smith,  01  Coweta, 

Solomon, 

Stewart, 

Thompson,  of  Jackson, 

Turk, 

Turner,  of  Campbell, 

Turner,  of  Quitman, 

Turnipseed, 

AValker,  of  Richmond, 


JOUKNAL  OF  THE   CONVENTION   OF   1865  275 

Warren,  of  Pulaski,  Willingham, 

Warren,  of  Houston,  Wimberly, 

Ware,  Woolten,  of  DeKalb. 

Watts,  Wootten,  of  Terrell, 

Whitaker,  Wright,  of  Coweta, 

Winn,  Wright,  of  Dougherty, 

Williams,  of  Bryan,  AVright,  of  Emanuol, 

Williams,  of  Muscogee, 

Williams,  of  Waie,  And  Mr,  President,  rny. 

Yeas,  131 ;  nays,  139. 

So  the  motion  did  not  prevail. 

Mr.  Matthews,  of  Oglethorpe,  asked  that  the  com- 
mittee of  seventeen  have  leave  to  retire  in  order  to  trans- 
act the  business  of  said  committee.    Granted. 

Leaves  of  absence  were  granted  to  Messrs.  Johnson, 
of  Wilcox,  and  R.  T.  Jones,  of  Burke. 

Mr,  Solomon,  of  Twiggs,  asked  to  be  allowed  to  record 
his  vote  in  the  negative  on  the  vote  taken  yesterday  by 
yeas  and  nays  upon  the  reduction  of  the  General  Assem- 
bly.   Granted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  fifth  article  of  the  Constitution,  as  follows : 


ARTICLE  V. 
Section  I. 

1.  The  electors  of  members  of  the  General  Assembly 
shall  be  free  white  male  citizens  of  this  State,  and  shall 
have  attained  the  age  of  twenty-one  years,  and  have  paid 
all  taxes  which  may  have  been  required  of  them,  and 


276  CONFEDEEATE     ReCORDS 

wliicli  they  have  had  an  opportunity  of  paying  agreeable 
to  law,  for  the  year  preceding  the  election,  shall  be  citi- 
zens of  the  United  States,  and  shall  have  resided  six 
months  either  in  the  district  or  county,  and  two  years 
within  this  State,  and  no  person  not  qualified  to  vote  for 
members  of  the  General  Assembly,  shall  hold  any  office 
in  this  State. 

2.  All  elections  by  the  General  Assembly  shall  be 
viva  voce  and  the  vote  shall  always  appear  on  the  journal 
of  the  House  of  Representatives,  and  where  the  Senate 
and  House  of  Representatives  unite  for  the  purpose  of 
electing,  they  shall  meet  in  the  Representative  chamber, 
and  the  President  of  the  Senate  shall  in  such  cases  pre- 
side and  declare  the  person  or  persons  elected. 

3.  In  all  elections  by  the  people  the  electors  shall 
vote  by  ballot  until  the  General  Assembly  shall  otherwise 
direct. 

4.  All  civil  ofi&cers  heretofore  commissioned  by  the 
Governor,  or  who  have  been  duly  appointed,  or  elected, 
since  the  first  day  of  January  last,  but  who  have  not 
received  their  commission  and  who  have  not  resigned, 
nor  been  removed  from  office,  and  whose  terms  of  office 
shall  not  have  expired,  shall  continue  in  the  exercise  of 
the  duties  of  their  respective  offices  during  the  period 
for  which  they  were  duly  appointed  or  duly  elected  as 
aforesaid,  and  commissioned,  and  until  their  successors 
shall  be  appointed  under  the  provisions  of  this  Constitu- 
tion; unless  removed  from  office  as  herein  provided. 

5.  Laws  of  general  operation  now  in  force,  in  this 
State,  are:  1st,  as  the  supreme  law,  the  Constitution  ol 
the  United  States ;  the  laws  of  the  United  States  in  pur- 
suance thereof,  and  all  treaties  made  under  the  authority 


Journal  of  the  Convention  of  1865  277 

of  the  United  States;  2nd,  as  next  in  authority  thereto, 
this  Constitution ;  3rd,  in  subordination  to  the  aforegoing, 
all  laws  declared  of  force  by  an  act  of  the  General  Assem- 
bly of  this  State,  assented  to  December  the  19th,  A.  D., 
1860,  entitled  *'An  Act  to  approve,  adopt  and  make  of 
force,  in  the  State  of  Georgia,  a  revised  code  of  laws, 
prepared  under  the  direction  and  by  authority  of  the 
General  Assembly  thereof,  and  for  other  purposes  there- 
with connected,"  an  act  of  the  General  Assembly  afore- 
said, assented  to  December  16th,  A.  D.,  1861,  amendatory 
of  the  aforegoing,  and  an  act  of  the  General  Assembly 
aforesaid  assented  to  December  13th,  A.  D.,  1862,  entitled 
"An  Act  to  settle  the  conflicts  between  the  code  and  the 
legislation  of  this  General  Assembly;"  also  all  acts  of  the 
General  Assembly  aforesaid,  passed  since  the  date  last 
written,  altering,  amending,  repealing,  or  adding  to  any 
portion  of  law  hereinbefore  mentioned  (the  latter  enact- 
ments having  preference  in  case  of  conflict),  and  also  so 
much  of  the  common  and  statute  law  of  England,  and  of 
the  statute  law  of  this  State  of  force  in  Georgia,  in  the 
year  eighteen  hundred  and  sixty,  as  is  not  expressly 
superceded  by,  nor  inconsistent  with  said  codes,  though 
not  embodied  therein;  except  so  much  of  the  law  afore- 
said as  may  violate  the  supreme  law,  herein  recognized, 
or  may  conflict  with  this  Constitution,  and  except  so  much 
thereof  as  refers  to  persons  held  in  slavery,  and  to  free 
persons  of  color,  which  excepted  laws  shall  henceforth 
be  inoperative  and  void,  and  any  future  General  Assem- 
bly of  this  State,  shall  be  competent  to  alter,  amend  or 
repeal  any  portion  of  the  law  declared  to  be  of  force  in 
this  third  specification  of  the  fifth  clause  of  this  fifth 
article.  If  in  any  statute  law  herein  declared  of  force, 
the  word  *' Confederate"  occurs  before  the  word  States, 


278  Confederate    Records 

such  law  is  hereby  amended  by  substituting  tlie  word 
"United"  for  the  word  "Confederate." 

6.  Local  and  private  statutes  heretofore  passed 
intended  for  the  benefit  of  counties,  cities,  towns,  corpora- 
tions, and  private  persons  not  inconsistent  with  the 
supreme  law,  nor  with  this  Constitution,  and  which  have 
neither  expired  by  their  own  limitations  nor  been  re- 
pealed, shall  have  the  force  of  statute  law,  subject  to 
judicial  decision  as  to  their  validity  when  enacted,  and 
to  any  limitations  imposed  by  their  own  terms. 

7.  All  judgments,  decrees,  orders,  and  other  pro- 
ceedings of  the  several  Courts  of  this  State  heretofore 
made,  within  the  limits  of  their  several  jurisdictions,  are 
hereby  ratified  and  affirmed,  subject  only  to  past  or  future 
reversal,  by  motion  for  new  trial,  appeal,  bill  of  review, 
or  other  proceedings,  in  conformity  with  the  law  of  force 
when  they  were  made. 

8.  All  rights,  privileges  and  immunities  which  may 
have  vested  in,  or  accrued  to  any  person  or  persons,  in 
his,  her,  or  their  own  right,  or  in  any  fiduciary  capacity, 
under  and  in  virtue  of  any  act  of  the  General  Assembly 
or  of  any  judgment,  decree,  or  order,  or  other  proceeding 
of  any  court  of  competent  jurisdiction  in  this  State,  since 
the  first  day  of  January,  A.  D.,  eighteen  hundred  and 
sixty-one,  shall  be  held  inviolate  by  all  courts  before 
which  they  may  be  brought  in  question. 

9.  The  marriage  relation  between  white  persons  and 
persons  of  African  descent,  is  forever  prohibited;  and  it 
shall  be  the  duty  of  the  General  Assembly  to  enact  laws 
for  the  punishment  of  any  officer  who  shall  issue  a  license 
for  the  celebration  of  such  a  marriage,  and  any  officer  or 


Journal  of  the  Convention  of  1865  279 

minister  of  the  Gospel  who  shall  marry  such  persons 
together. 

10.  All  militia  and  county  officers  shall  be  elected  by 
the  people,  under  such  regulations  as  have  been  or  may 
be  prescribed  by  law. 

11.  This  Constitution  shall  be  altered  or  amended 
only  by  a  Convention  of  the  people,  called  for  that  pur- 
pose by  act  of  the  General  Assembly. 

The  report  of  the  committee  was  received  and  the 
article  having  been  read  was  taken  up  by  sections  and 
paragraphs. 

The  first  paragraph  being  under  consideration,  Mr. 
Dupree  moved  to  amend  by  striking  out  the  word  ''six" 
before  the  word  ''months"  and  insert  in  lieu  thereof  the 
word  "twelve."    Lost. 

The  paragraph  as  reported  was  adopted. 

The  second  paragraph  was  adopted. 

Mr.  M.  D.  Jones,  of  Burke,  moved  to  amend  the  third 
paragraph  by  striking  out  the  words  "by  ballot"  and 
inserting  ''viva  voce."    Lost. 

The  paragraph  was  adopted. 

Paragraph  fifth  being  under  consideration,  Mr.  Jen- 
kins moved  to  amend  it  by  striking  out  the  words  "and 
to  free  persons  of  color." 

The  amendment  was  agreed  to,  and  the  paragraph  as 
amended  was  adopted. 

Paragraphs  six  and  seven  were  adopted. 


280  Confederate   Records 

Mr.  Hill,  of  Morgan,  moved  to  amend  the  eighth  para- 
graph by  adding  the  following  proviso: 

"Provided,  That  all  private  contracts  made  and  ex- 
ecuted in  this  State  during  the  war,  including  marriage 
contracts  not  in  violation  of  any  law  of  this  State,  or  ot 
the  United  States,  are  hereby  declared  as  binding  and 
valid  as  if  made  during  a  state  of  peace — and  that  all 
contracts  so  made  but  not  yet  executed  where  notes  or 
other  obligations  have  been  given  for  the  payment  of 
money,  shall  receive  an  equitable  construction,  and  either 
party  in  any  suit  for  the  recovery  of  money  upon  such 
contract,  may  upon  the  trial,  give  in  evidence  the  con- 
sideration for  which  such  note  or  obligation  was  given 
— and  the  value  of  the  same  in  good  currency  at  the  time 
of  the  making  of  the  contract — and  the  value  of  Confed- 
erate States  treasury  notes  if  intended  to  be  paid  in  that 
currency,  and  the  judgment  shall  be  made  upon  princi- 
ples of  equity ;  and  in  cases  of  judgments  upon  contracts 
payable  in  Confederate  treasury  notes,  or  for  liabilities 
incurred  while  such  notes  were  the  common  currency  in 
this  State,  and  such  judgments  have  been  rendered  for 
the  sum  claimed  by  the  plaintiff,  the  same  may  be  opened 
by  motion  and  a  new  trial  had,  and  the  recovery  shall  be 
only  for  the  real  value  of  the  said  treasury  notes,  at  the 
time  fixed  for  the  execution  of  the  contract — or  when  the 
liability  of  the  defendant  accrued,  with  interest  of  the 
same. 

On  motion  of  Mr.  Dupree,  the  original  paragraph  and 
the  amendment  was  recommitted  to  the  committee  of  six- 
teen. 

In  the  ninth  paragraph  Mr.  Solomon  moved  to  amend 
by  inserting  before  the  word  "issue"  the  word  "know- 
ingly."   Agreed  to. 


Journal  of  the  Convention  of  1865  281 

Mr.  Merrill  moved  farther  to  amend  the  paragraph  by 
inserting  after  the  word  ''prohibited"  the  words  ''and 
such  marriage  shall  be  null  and  void."  Agreed  to,  and 
the  paragraph  as  amended  was  adopted. 

The  tenth  paragraph  was  adopted. 

Mr.  Burts  moved  to  amend  the  eleventh  paragraph  by 
striking 'Out  all  after  the  word  "amended"  and  inserting 
the  words  "by  a  two-thirds  vote  of  both  branches  of  the 
General  Assembly  of  two  concurrent  sessions." 

Mr.  Hill,  of  Morgan,  moved  the  following  as  a  sub- 
stitute : 

"This  Constitution  shall  be  altered  or  amended  only 
by  a  Convention  of  the  people,  called  for  that  purpose. 
Such  Convention  may  be  called  by  an  act  of  the  General 
Assembly  passed  by  the  concurrent  vote  of  two-thirds  of 
the  members  of  each  house  voting  thereon. ' ' 

Mr.  Warren  moved  to  amend  so- as  to  read  as  follows: 

"This  Constitution  shall  be  altered  or  amended  only 
by  a  Convention  of  the  people  called  for  that  purpose,  or 
by  two-thirds  of  both  branches  of  the  General  Assembly 
at  two  different  and  successive  Legislatures." 

Mr.  Kenan  moved  the  previous  question,  which  being 
seconded  the  main  question  was  put  and  the  paragraph 
as  originally  reported  was  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  preamble  to  the  Constitution  re- 
ported by  that  committee. 

The  report  was  received  and  the  preamble  taken  up, 
twice  read  and  put  upon  its  passage.     It  is  as  follows : 


282  Confederate    Records 

We,  the  people  of  the  State  of  Georgia,  in  Convention 
met,  having  humbly  implored  light  from  on  High,  and 
relying  implicitly  upon  the  favoring  providence  of 
Almighty  God  for  the  future,  do  make  and  ordain  the 
following  as  the  Constitution  of  the  State  of  Georgia, 

Mr.  Davis,  of  Jackson,  moved  to  amend  the  same  by 
inserting  after  the  words  ''Almighty  God"  the  words 
"through  Jesus  Christ." 

Mr.  Dowda,  of  Cherokee,  offered  the  following  as  a 
substitute  for  the  preamble  reported  by  the  committee 
and  the  amendment  proposed  thereto : 

Preamble  to  the  Constitution. 

We,  the  people  of  the  State  of  Georgia,  in  order  to 
form  a  permanent  government,  establish  justice,  insure 
domestic  tranquility  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity — acknowledging  and  invok- 
ing the  guidance  of  Almighty  God,  the  author  of  all  good 
government,  do  ordain  and  establish  this  Constitution  for 
the  State  of  Georgia. 

Mr.  Jenkins  accepted  the  substitute  and  it  was 
adopted. 

The  Convention  took  a  recess  until  3:30  o'clock  P.  M 

3:30  O'clock  P.  M. 

The  Convention  re-assembled. 

Mr.  Chappell  laid  upon  the  table  the  following 


jouenal  of  the  convention  of  1865  283 

Oedinance  : 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion, That  all  debts  contracted  or  incurred  by  the  State 
of  Georgia,  either  as  a  separate  State,  or  as  a  member  of 
the  late  partnership  or  confederacy  of  States,  styled  the 
Confederate  States  of  America,  for  the  purpose  of  carry- 
ing on  the  late  war  of  secession  against  the  United  States 
of  America,  or  for  the  purpose  of  aiding,  abetting  or  pro- 
moting said  war  in  any  way,  directly  or  indirectly,  be, 
and  the  same  are  hereby  declared  null  and  void;  and  the 
Legislature  is  hereby  forever  prohibited  from,  in  any 
way,  acknowledging  or  paying  said  debts,  or  any  part 
thereof,  or  from  passing  any  law  for  that  purpose,  or  to 
secure  or  provide  for  the  said  debts,  or  any  part  thereof, 
by  any  appropriation  of  money,  property,  stocks,  funds, 
or  assets  of  any  kind  to  that  object. 

2.  Be  it  further  ordained,  That  inasmuch  as  the 
annual  income  of  the  State,  before  and  during  said  war, 
from  taxation  and  other  sources  of  revenue,  was  amply 
sufficient  for  the  support  of  the  ordinary  civil  government 
of  the  State,  and  for  the  payment  of  all  its  expenses, 
incident  to  a  state  of  peace;  and  as  the  extraordinary 
expenses  which  led  to  the  creation  of  a  debt  were  the  off- 
spring and  results  of  the  war,  it  is  therefore  the  judgment, 
ordinance  and  decree  of  this  Convention,  that  all  debts  of 
the  State  incurred  during  said  war,  shall  be  considered, 
held,  and  treated  as  debts  incurred  for  carrying  on  the 
war  except  in  cases  where  it  shall  be  satisfactory  shown 
by  impartial  and  disinterested  proof  that  any  particular 
debt  or  debts  were  incurred  for  other  purposes  than  that 
of  carrying  on,  aiding  or  abetting  the  war,  directly  or 
indirectly. 


284  Confederate    Records 

3.  Be  it  further  ordained,  That  all  bills,  bonds,  notes 
or  other  evidences  of  debt  whatsoever,  issued  by  the 
State,  payable  only  in  Confederate  currency,  or  on  a 
contingency  or  contingencies  which  have  never  happened, 
and  can  now  never  happen,  have  ceased  to  be  debts  at  all, 
either  in  whole  or  part,  and  are  hereby  wholly  prohibited 
from  being  paid,  even  though  originally  issued  for  other 
purposes  than  that  of  carrying  on  the  said  war,  or  aiding 
and  abetting  it,  directly  or  indirectly. 

Be  it  further  ordained,  That  this  ordinance  shall  be 
part  of  the  Constitution  and  fundamental  law  of  the 
State. 

Which  ordinance  was  read  twice  and  on  motion  made 
the  special  order  for  tomorrow  morning. 

Mr.  Cutts  offered  the  following  ordinance,  which  was 
taken  up,  read  twice  and  put  upon  its  passage : 

An  Ordinance 

Making  it  the  duty  of  the  General  Assembly  of  the  State 
of  Georgia,  to  provide  for  the  support  of  indigent 
widows  and  orphans  of  deceased  soldiers  of  this  State, 
and  for  other  purposes  therein  named : 

Be  it  ordained  by  the  people  of  the  State  of  Georgia, 
in  Convention  assembled,  That  it  shall  be  the  duty  of  the 
General  Assembly  of  this  State,  at  its  first  session  under 
this  Constitution,  and  annually  thereafter,  to  make  such 
appropriations  and  provisions  as  may  in  their  judgment 
be  necessary  for  the  support  and  maintenance  of  the 
indigent  widows  and  orphans  of  this  State. 

Be  it  further  ordained.  That  disabled  soldiers  who  are 
without  means  of  support  and  whose  disability  is  such  as 


Journal  of  the  Convention  of  1865  285 

to  render  them  incompetent  or  unable  to  earn  a  living- 
by  their  own  exertions,  shall  be  entitled  to  the  benefits  of 
the  provisions  of  the  foregoing  ordinance. 

Be  it  further  ordained,  That  the  inferior  courts  of 
each  county  in  this  State  shall  immediately  on  the  passage 
of  this  ordinance  levy  a  tax  and  purchase  provisions  by 
the  aid  of  the  loans  and  amply  relieve  the  suffering  poor 
of  their  respective  counties,  for  which  alone  the  said 
taxes  shall  be  levied. 

Be  it  further  provided,  That  the  authority  invested  in 
said  inferior  court  for  the  above  purposes  shall  not  ex- 
tend beyond  the  period  of  one  year  from  this  date  unless 
otherwise  provided  by  the  General  Assembly. 

Mr.  Brewer  moved  to  amend  the  first  paragraph  by 
adding  the  words  "and  also  all  other  widows  and  their 
families  who  are  in  like  condition."    Lost. 

Mr.  Harris,  of  Worth,  moved  to  amend  the  same  para- 
graph by  striking  out  the  words  "it  shall  be  the  duty  of 
the  General  Assembly"  and  inserting  in  lieu  thereof  the 
words  "the  General  Assembly  is  respectfully  requested." 
Agreed  to. 

Mr.  Moore,  of  Webster,  moved  to  amend  by  striking 
out  the  third  and  fourth  paragraphs.    Agreed  to. 

The  ordinance  as  amended  was  read  the  third  time 
and  passed. 

Mr.  McDuffie,  of  Pulaski,  was  granted  leave  of  absence 
for  the  balance  of  the  session. 

Mr.  Lawson,  of  Burke,  introduced  the  following  ordi- 
nance : 


286  confedekate    records 

An  Ordinance 

To  legalize  the  contracts  made  by  guardians,  adminis- 
trators, executors  and  trustees,  with  freedmen,  for 
the  benefit  of  their  wards  and  estates,  and  to  author- 
ize said  guardians,  etc.,  to  make  such  contracts  until 
provided  for  by  the  Legislature. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  all  contracts  made  by  guardians, 
administrators,  executors  and  trustees,  with  the  freedmen 
and  freedwomen  for  the  benefit  of  their  wards,  and  the 
estates  be  and  the  same  are  hereby  legalized;  and  that 
they  be  authorized  to  make  such  contracts  until  provided 
for  by  the  Legislature. 

On  motion  of  Mr.  Lawson,  the  ordinance  was  twice 
read  and  put  upon  its  passage. 

Mr.  Roberts,  of  Warren,  moved  to  lay  it  on  the  table 
for  the  balance  of  the  session.     Lost. 

The  ordinance  was  read  the  third  time  and  passed. 

Mr.  Kirkland,  of  Clinch,  introduced  the  following 
resolutions : 

Resolved,  That  no  more  new  matter  shall  be  intro- 
duced into  this  Convention,  except  such  as  may  be  intro- 
duced by  the  several  committees. 

Resolved,  That  we  finish  the  business  on  our  table  and 
adjourn  subject  to  the  call  of  the  President  of  this  Con- 
tion. 

The  Convention  refused  to  take  up  the  resolutions. 

Mr.  Robinson,  of  Early,  introduced  the  following 
resolution : 


Journal  of  the  Convention  of  1865  287 

Resolved,  Tliat  this  Convention  recommend  to  the 
next  General  Assembly  the  propriety  of  abolishing  the 
penitentiary  system  and  adopting  some  other  mode  of 
punishment  better  adapted  to  the  wants  of  the  country  in 
its  present  condition. 

Mr.  Adair  offered  the  following  as  a  substitute  for 
the  resolution: 

Resolved,  That  this  Convention  recommend  to  the 
next  General  Assembly  to  enquire  into  the  practicability 
of  purchasing  or  leasing  for  a  long  term  of  years  the 
stone  mountain  in  DeKalb  County  of  this  State  for  the 
purpose  of  building  a  penitentiary  at  that  point,  to  the 
end  that  convict  labor  may  be  employed  in  quarrying 
granite  under  such  regulations  as  may  be  prescribed  by 
law,  provided  the  penitentiary  system  be  continued  as  a 
mode  of  punishment  for  crime. 

Mr,  Dupree  moved  to  postpone  the  original  resolution 
and  substitute  indefinitely.     Agreed  to. 

Mr.  Barnes,  of  Columbia,  introduced  the  following 
resolutions,  which  were  read  and  lie  over  under  the  rule : 

Whereas,  the  war  recently  waged  by  a  portion  of  the 
States  and  the  people  thereof  against  the  peace  and 
authority  of  the  United  States,  has  finally  terminated  in 
the  triumph  of  the  National  arms  and  the  restored  su- 
premacy of  the  Constitution  and  laws;  and  whereas,  there 
are  everywhere  manifestations  of  a  general,  sincere  and 
cordial  acceptance  of  the  result  and  a  return  to  allegiance 
to  the  Government,  Constitution  and  laws  of  the  United 
States,  thus  showing  that  danger  no  longer  exists,  and 
that  the  utmost  magnanimity  and  liberality  may  be  safely 
shown  to  the  States  and  people  recently  in  arms,  such 


288  Confederate   Recoeds 

action  on  one  side  securing  confidence  and  affection  on 
the  other;  and  whereas,  the  innocent  should  not  suffer 
for  the  acts  of  the  guilty.    Therefore, 

Resolved,  That  in  the  opinion  of  this  Convention  the 
time  has  arrived  when  the  President  of  the  United  States 
in  the  exercise  of  that  sublime  attribute  of  mercy  with 
which  he  is  clothed,  may  without  detriment  to  the  public 
good  and  with  a  prospect  of  the  most  benign  results 
declare  a  general  amnesty. 

Resolved  further,  That  justice  and  sound  policy  re- 
quire that  although  slavery  as  an  institution  must  neces- 
sarily cease  to  exist,  having  been  adjudged  the  great 
disturbing  element  in  the  Union,  yet  every  widow  and 
femme  sole  minor  and  cestue  que  trust  who,  incapable 
of  engaging  in  arms  has  not  aided  and  abetted  the  same 
should  be  compensated  for  their  late  slaves  from  the 
treasury  of  the  United  States  at  the  rate  of  the  value  of 
such  late  slaves  during  the  year  1864,  and  for  that  pur- 
pose and  to  determine  speedily  and  correctly  and  cheaply 
the  rights  of  the  parties  claimant.  Congress  should  enact 
a  law  authorizing  the  President  to  appoint  commissioners 
of  compensation,  one  for  each  Congressional  District, 
whose  decisions  should  be  final. 

Resolved  further,  That  a  copy  of  this  preamble  and 
resolutions  signed  by  the  President  of  the  Convention 
and  attested  by  the  Secretary,  be  transmitted  to  the 
President  of  the  United  States. 

On  motion  of  Mr.  Dupree  the  Convention  proceeded 
to  the  consideration  of  an  ordinance  to  provide  for  the 
payment  of  officers  and  members  of  the  Convention, 
which  was  read  the  third  time. 


JOUKNAL,  OF  THE   CONVENTION   OF   1865  289 

Mr.  Moore,  of  Webster,  moved  to  amend  by  striking 
out  the  word  **six"  and  inserting  the  word  ''eight"  for 
compensation  of  members. 

Mr.  Dorsey  moved  to  amend  by  adding  50  per  cent. 
on  the  amount  of  per  diem  pay  to  each  officer  and  mem- 
ber of  the  Convention,  nominated  in  the  ordinance. 

Mr.  Matthews,  of  Washington,  moved  the  previous 
question,  which  being  seconded,  the  vote  was  taken  on 
the  main  question  and  the  ordinance  was  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
to  whom  was  recommitted  the  5th  article  of  the  Constitu- 
tion, reported  the  8th  paragraph  as  follows : 

8th.  All  rights,  privileges  and  immunities  which  may 
have  vested  in,  or  accrued  to  any  person  or  persons,  in 
his,  her  or  their  own  right,  or  in  any  fiduciary  capacity, 
under  and  in  virtue  of  any  act  of  the  General  Assembly, 
or  of  any  judgment,  decree  or  order,  or  other  proceeding 
of  any  court  of  competent  jurisdiction  in  this  State,  since 
the  first  day  of  January  A.  D.,  eighteen  hundred  and 
sixty-one,  shall  be  held  inviolate,  by  all  courts  before 
which  they  may  be  brought  in  question. 

Mr.  Floyd  moved  to  amend  the  paragraph  as  reported 
by  the  committee,  by  adding  the  words  ''unless  attacked 
for  fraud."    Agreed  to. 

The  paragraph  as  amended  was  adopted. 

Mr.  Jenkins  offered  the  following  resolution,  which 
was  taken  up,  read  and  adopted: 

Resolved,  That  as  soon  as  the  Convention  have  passed 
the  Constitution  of  the  State,  one  thousand  copies  of  the 


290  Confederate    Records 

same  be  printed  for  the  use  of  the  members  of  the  Con- 
vention. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  ordinance  and  recommended  its 
adoption  : 

An  Ordinance 

To  ratify  certain  acts,  judgments  and  other  proceedings 
therein  mentioned. 

Be  it  ordained  hy  the  people  of  Georgia  in  Conven- 
tion assembled,  That  all  acts  and  sales  of  executors, 
administrators,  trustees  and  guardians',  and  of  judicial 
and  ministerial  officers  had,  done  and  performed  and 
made  bona  fide  in  pursuance  of  and  under  color  of  law 
since  the  19tli  day  of  Januarj^  1861,  which  are  not  in 
conflict  with  the  Constitution  of  the  United  States,  and 
of  the  Constitution  of  this  State,  be  and  the  same  are 
hereby  ratified  and  confirmed,  subject,  however,  to  the 
right  of  appeal  and  supercedures  according  to  law : 
Provided,  That  in  all  cases  in  which  judgments  or  de- 
crees have  been  rendered  in  all  courts  of  record  in  this 
State  since  the  19th  day  of  January,  1861,  and  prior  to 
this  date  the  party  against  whom  such  judgment  has 
been  rendered  shall  be  entitled  to  a  new  trial  or  appeal 
on  affidavit  that  he  was  unavoidably  absent  from  the 
court  at  the  time  of  the  rendition  of  the  judgment,  and 
that  he  had  no  attorney  present  in  the  court;  Provided, 
The  court  shall  be  satisfied,  from  all  the  facts  which  may 
be  submitted  by  affidavit  b}^  both  parties,  that  such  good 
and  meritorious  defence  exists,  and  that  such  application 
for  a  new  trial  or  appeal  shall  be  made  within  twelve 
months  after  the  adoption  of  this  ordinance. 


Journal  of  the  Convention  of  1865  291 

Mr.  Hill,  of  Morgan,  moved  to  strike  out  the  words 
*'and  that  he  had  no  attorney  present  in  the  court." 
Agreed  to. 

The  ordinance  as  amended  was  adopted. 

Mr.  Hill,  of  Morgan,  introduced  the  following  ordi- 
nance, which  was  taken  up,  twice  read  and  put  upon  its 
passage : 

An  Obdinance 

To  authorize  the  courts  of  this  State  to  adjust  the  equities 
between  parties  to  contracts  during  the  war  against 
the  United  States,  and  to  admit  parole  or  other  evi- 
dence to  explain  the  same. 

The  people  of  Georgia  in  Convention  assembled  ordain 
as  folloivs,  That  all  private  contracts  made  and  executed 
in  this  State  during  the  said  war,  including  marriage 
contracts,  and  not  in  violation  of  the  Constitution  and 
laws  of  this  State  or  of  the  United  States,  are  hereby 
declared  as  binding  and  valid  as  if  made  during  a  state 
of  peace. 

It  is  further  ordained,  That  all  contracts  made  during 
said  war,  whether  evidenced  by  bill,  promissory  note  or 
other  writing,  and  all  contracts  existing  in  parole  or  by 
implication,  and  not  yet  executed,  shall  receive  an  equita- 
ble construction,  and  either  party  in  any  suit  for  the  re- 
covery of  money  upon  any  such  contracts,  may,  upon  trml, 
give  in  evidence  the  consideration  whether  it  be  original 
or  immediate  subject  of  the  contract  or  both,  upon  which 
a  recovery  is  sought,  and  may  also  prove  the  actual  value 
of  such  consideration  in  good  money,  and  the  intention 
and  understanding  of  the  parties,  as  to  the  currency  in 


292  Confederate   Records 

which  payment  was  to  be  made,  and  the  value  of  such 
currency  at  the  time  fixed  for  the  payment,  and  also  its 
value  at  the  time  of  contracting,  and  judgment  in  such 
cases  shall  be  rendered  on  equitable  principles. 

Mr.  Dowda  moved  the  following  as  a  substitute : 


An  Ordinance 

To  provide  for  the  adjustment  of  all  debts  now  existing 
in  which  Confederate  money  was  the  consideration, 
or  the  currency  contemplated,  and  to  regulate  the 
admission  of  testimony  in  such  cases. 

Be  it  ordained,  That  all  contracts  or  loans  now  ex- 
isting, entered  into  between  parties  during  the  late  war 
in  which  Confederate  money  was  the  standard  of  valua- 
tion in  reference  to  the  thing  contracted  for,  or  where 
indebtedness  arises  from  or  by  the  loan  of  Confederate 
money,  the  same  shall  be  satisfied  by  the  payment  in 
specie,  or  its  equivalent  in  currency  of  an  amount  equal 
to  the  specie  value  of  said  Confederate  money  at  the  time 
of  the  maturity  of  said  debt  or  debts. 

Be  it  further  ordained,  That  parole  testimony,  and  all 
legitimate  circumstances  tending  to  show  what  was  the 
consideration,  or  what  currency  was  meant  by  the  parties 
contracting,  and  what  was  the  specie  value  of  said  cur- 
rency at  the  time  of  the  maturity  of  said  debt  or  debts, 
shall  be  admitted  in  all  courts  having  jurisdiction  in  such 
cases  in  this  State. 

Mr.  Chappell  offered  the  following  amendment  to  Mr. 
Hill's  ordinance:  After  the  word  "contracts"  to  insert 
"and  all  contracts,  whether  in  writing  or  not." 


Journal  of  the  Convention  of  1865 


293 


On  motion  the  ordinance,  together  with  the  substi« 
tute,  was  referred  to  a  special  committee  of  five,  con- 
sisting of  Messrs.  Hill,  of  Morgan,  Floyd,  Chappell, 
Parrott,  and  Lewis,  of  Greene. 

Mr.  Barnes,  chairman  of  the  committee  on  enrollment, 
made  the  following  report: 

Mr  President:  The  following  resolutions  and  ordi- 
nances are  properly  enrolled  and  ready  for  the  signature 
of  the  President  of  the  Convention  and  attestation  of  the 
Secretary. 

An  ordinance  to  request  and  authorize  the  Provisional 
Governor  of  Georgia  to  borrow  money  on  the  credit  ot 
this  State,  and  to  extend  the  power  to  the  Governor  to 
be  elected  by  the  people  in  a  certain  contingency.  Also, 
A  resolution  authorizing  the  Secretary  to  appoint  an 
Assistant  Secretary,  enrolling  and  engrossing  clerks,  and 
for  their  qualification  as  required  by  the  rule  of  this 
Convention.    Also, 

A  resolution  appointing  Orme  &  Son  printers  for  tliis 
Convention.    Also, 

A  resolution  that  the  State  Treasurer  be  authorized 
to  make  certain  advances  to  delegates  of  this  Conven- 
tion.   Also, 

A  resolution  that  His  Excellency  the  Provisional  Gov- 
ernor, be  requested  to  communicate  to  the  Convention  at 
any  time  any  facts  in  his  possession  that  he  may  deem 
of  public  interest.    Also, 

A  resolution  that  the  Secretary  of  this  Convention  be 
authorized  to  employ  three  clerks  to  aid  him  m  the  dis- 
charge of  the  duties  of  his  office.    Also, 


294  Confederate    Records 

A  resolution  asking  the  clemency  of  the  President  of 
the  United  States  in  behalf  of  Josiah  Tattnall. 

Mr.  Matthews,  of  Oglethorpe,  submitted  the  following 
report  from  the  committee  of  seventeen : 

Mr.  Matthews,  chairman  of  the  committee  of  seven- 
teen, to  whom  was  referred  the  consideration  of  the 
necessity  of  providing  for  the  temporary  organization 
of  one  or  more  militia  companies  in  each  county  in  this 
State,  respectfully  report  the  following  preamble  and 
resolutions,  and  recommend  that  they  be  adopted: 

Whereas,  many  portions  of  this  State  are  unprotected 
by  the  immediate  presence  of  any  of  the  military  forces 
of  the  United  States,  and  there  exists  an  uneasiness  in 
the  public  mind,  under  the  apprehension  that  civil  order 
may  be  disturbed  by  evil-minded  persons  associating 
themselves  together,  or  otherwise,  for  the  purpose  of 
violence,  and  that  the  law  may  be  obstructed  in  its  ex- 
ecution, for  want  of  adequate  police  force  to  enable  the 
civil  officers  of  the  State  to  enforce  the  same;  and 
whereas,  this  feeling  of  insecurity  tends  greatly  to  retard 
the  resumption  and  prosecution  of  the  various  peaceful 
and  industrial  pursuits  of  the  people  necessary  for  their 
prosperity  and  happiness ;  therefore, 

Resolved,  by  the  people  of  Georgia  in  Convention 
assembled,  That  His  Excellency  the  Governor,  be,  and  is 
hereby  earnestly  requested  to  provide,  by  proclamation 
to  the  people  to  be  issued  as  early  as  practicable,  for  the 
formation,  in  every  county  in  this  State,  of  one  or  more 
militia  or  volunteer  companies,  to  act  as  a  police  force 
to  suppress  violence,  to  preserve  order,  and  to  aid  the 
civil  officers  of  this  State,  in  the  enforcement  of  the  laws 
thereof,  under  such  regulations,  consistent  with  the  Con- 


Journal  of  the  Convention  of  1365  295 

stitution  and  laws  of  the  United  States,  and  of  this  State, 
as  he  may  prescribe;  and  that  such  organizations  as  may 
be  under  this  resolution,  to  subsist  until  otherwise  pro- 
vided by  law. 

Resolved  seeond.  That  the  foregoing  preamble  and 
resolutions  be  signed  by  the  President  and  Secretary  of 
this  Convention,  and  that  the  President  commumcate  a 
copy  of  the  same  to  His  Excellency  James  Johnson, 
Provisional  Governor  of  Georgia,  and  forthwith  trans- 
mit through  the  Provisional  Governor,  the  same  by 
telegraph  to  His  Excellency  Andrew  Johnson,  President 
of  L  United  States,  and  earnestly  solicit  his  approval 
thereof. 

The  report  was  taken  up,  read  and  adopted. 
On  motion  of  Mr.  Parrott,  the  Convention  adjourned 
until  9:30  o'clock  tomorrow. 


SATURDAY,  NOVEMBER  4th,  1865. 

9:30  O'clock  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  the  journal  of  yester- 
day  was  read. 

Mr  Davis,  of  Jackson,  gave  notice  that  he  would  move 
to  reconsider  so  much  of  the  journal  of  y-t-^^^  ^^ 
relates  to  the  adoption  of  the  preamble  to  the  Con- 
stitution. 

Mr  Reynolds  gave  notice  that  he  should  move  to 
reconsider  so  much  of  the  journal  as  relates  to  the  adop- 


296  Confederate   Kecords 

tion  of  the  ordinance  of  Mr.  Cabaniss  *Ho  provide  for 
the  payment  of  the  officers  and  members  of  this  Con- 
vention, ' ' 

Mr.  Burts  gave  notice  that  he  should  move  to  recon- 
sider so  much  of  the  journal  as  relates  to  the  printing  of 
1,000  copies  of  the  Constitution. 

Mr.  Hammond  gave  notice  that  he  should  move  to 
reconsider  so  much  of  the  journal  as  relates  to  the  adop- 
tion of  an  ordinance  **to  ratify  certain  acts,  judgments, 
and  other  proceedings  therein  mentioned." 

Mr.  Eeynolds  moved  to  reconsider  so  much  of  the 
journal  of  yesterday  as  relates  to  the  adoption  of  an 
ordinance  '*to  provide  for  the  payment  of  the  officers 
and  members  of  this  Convention." 

The  motion  to  reconsider  was  agreed  to. 

Mr.  Eeynolds  moved  to  amend  |said  ordinance  by 
inserting  the  following  words:  "And  that  the  Secretary 
and  Assistant  Secretary  shall  receive  the  same  mileage 
as  members." 

Mr.  Barnes  moved  as  a  substitute  for  Mr.  Reynolds' 
amendment,  that  the  sum  of  eight  dollars  per  day  be 
allowed  the  Secretary,  and  seven  dollars  each  per  day 
to  the  assistant  engrossing  clerks,  and  the  other  clerks, 
together  with  mileage,  and  the  sum  of  seven  dollars'  per 
day,  with  mileage,  to  the  clerk  of  the  committee  of  six- 
teen, and  that  a  committee  of  three,  to-wit:  Messrs. 
deGraffenried,  of  Baldwin;  Cochran,  of  Wilkinson,  and 
Humber,  of  Putnam,  be  appointed  to  bring  up  the  unfin- 
ished business  after  adjournment,  and  that  they  be  paid 
additional  per  diem  for  not  exceeding  three  days. 


Journal  of  the  Convention  of  1865  297 

Mr.  Cabaniss  moved  further  to  amend  by  adding 
' '  that  the  sum  of  fifteen  dollars  be  allowed  to  the  messen- 
ger to  meet  contingent  expenses." 

Mr.  Hill,  of  Morgan,  moved  to  amend  by  striking  out 
the  word  "fifteen"  and  inserting  the  words  "fifty  dollars, 
or  so  much  thereof  as  may  be  necessary."    Lost. 

Mr.  Reynolds  moved  to  amend  the  ordinance  further 
by  inserting  after  the  word  "nearest"  the  word  "practi- 
cable," and  that  the  auditing  committee  be  so  instructed 
in  computing  the  mileage. 

Mr.  Dorsey  moved  to  amend  by  inserting  after  the 
word  "nearest"  the  words  "practicable  public  mail 
route"  and  striking  out  the  words  "usually  travelled" 
in  the  original.    Agreed  to. 

Mr.  Redding  moved  the  previous  question.    Lost. 

Mr.  Seward  moved  to  amend  by  providing  that  the 
President  of  the  Convention  shall  receive  the  sura  of 
twelve  dollars  per  diem.    Agreed  to. 

Mr.  Seward  moved  to  amend  by  providing  that  the 
Secretary  shall  receive  ten  dollars  per  diem,  the  Assistant 
Secretary  and  Clerk  shall  receive  eight  dollars  per  diem 
each,  the  Messenger  and  Assistant  Messenger  and  Door- 
keeper shall  receive  the  sum  of  eight  dollars  each  per 
diem.    Agreed  to. 

Mr.  Chappell  called  the  previous  question,  and  the 
call  being  sustained,  the  main  question  was  put,  and 
upon  the  adoption  of  the  ordinance  as  amended,  the  yeas 
and  nays  were  recorded  and  were: 

Yeas,  92;  nays,  167. 


298 


Confederate   Records 


Those  who  voted  in  the  affirmative  were :    Messrs. 


Allen, 

Anderson,  of  Chatham, 

Anderson,  of  Cobb, 

Arnold,  of  Walton, 

Ashley, 

Atkinson,  of  Camden, 

Bacon, 

Barnes, 

Brassell, 

Baxter, 

Bell,  of  Forsyth, 

Blance, 

Black,  of  Screven, 

Bowers, 

Bowen, 

Boyd, 

Brewer, 

Cameron, 

Chappell, 

Cochran,  of  Terrell, 

Cohen, 

Cole, 

Colley, 

Cook, 

Davis,  of  Jackson, 

Dickey, 

Dorsey, 

Gillis, 

Goode,  of  Houston, 

Hill,  of  Morgan, 
Hill,  of  Ttoup, 
Hudson,  of  Wilkinson, 
Harris,  of  Taliaferro, 
Harris,  of  Worth, 
Highsmith, 


Howard,  of  Bartow, 
Hand, 

Jenkins, 

Jones,  of  Columbia, 

Kirkland, 

Kirksey, 

King,  of  Greene, 

Lewis,  of  Dooly, 
Lewis,  of  Greene, 
Lloyd, 
Luffman, 

Moore,  of  Webster, 

Morel, 

Morris, 

Martin,  of  Carroll, 

Martin,  of  Echols, 

Matthews,  of  Washington, 

Mattox, 

McCrary, 

McCroan, 

McLeod, 

McRae,  of  Montgomery, 

McRae,  of  Telfair, 

Merrill, 

Neal, 

Newsom, 

Nichols, 

Parrott, 
Penland, 

Rawls, 
Richardson, 
Ridley,  of  Troup, 
Riley,  of  Taylor, 
Riley,  of  Lumpkin, 


Journal  of  the  Convention  of  1865 


299 


Roberts,  of  Dooly, 
Roberts,  of  Warren, 
Rouse, 

Saffold, 

Scruggs, 

Seward, 

Scarlett, 

Smith,  of  Coweta, 

Stapleton, 

Stephens, 

Thompson,  of  Haralson, 


Walker,  of  Carroll, 

Ware, 

Whitaker, 

Wlielchel, 

Winn, 

Williams,  of  Baker, 

Williams,  of  Muscogee, 

Williams,  of  Haralson, 

Wimberly, 

AVright,  of  Dougherty, 

Wright,  of  Emanuel. 


Those  who  voted  in  the  negative  were :    Messrs. 


Adair, 

Adams,  of  Elbert, 
Alexander,  of  Pike, 
Alexander,   of  Thomas, 
Arnold,  of  Henry, 
Atkinson,  of  Troup, 

Bagley, 

Barksdale, 

Barlow, 

Barnett, 

Bell,  of  Webster, 

Bethune, 

Bivins, 

Black,  of  Walker, 

Bower, 

Blount, 

Brady, 

Brantley, 

Brewton,  of  Bulloch, 

Brightwell, 

Burts, 

t'abaniss. 


Callaway, 

Candler, 

Chandler, 

(Jhristy, 

Covington, 

Crawford,  of  Decatur, 

Cutts, 

Cureton, 

Dart, 

Davis,  of  Floyd, 

Dailey, 

DeGraffenried, 

Dixon, 

Dorrainy, 

Dowda, 

Driver, 

DuBose. 

Dupree, 

Ellington,  of  Clayton, 
Ellington,  of  Gilmer 
England, 
Edwards, 


300 


Confederate   Recoeds 


Fowler, 
Freeman, 
Felton, 
Floyd, 

Grant, 

(iibson, 

Gunnels, 

Giles, 

Goode,  of  Pickens, 

Glover, 

Graham, 

Henry, 

Herring, 

Hopkins, 

Hnmber, 

Hudson,  of  Schley, 

Hudson,  of  Brooks, 

Holmes, 

Harris,  of  Clark, 

Harris,  of  Hancock, 

Hook, 

Hammond, 

Howard,  of  Towns, 

Hopps, 

Hays, 

Huie,  of  Fayette, 

Han  sell, 

Harvey, 

Harlan, 

Hood, 

Hail, 

Irwin, 

Jackson, 

Johnson,  of  Campbell, 
Johnson,  of  Clark, 
Johnson,  of  Heard, 
Johnson,  of  Spalding, 


Jones,  M.  D.,  of  Burke 
Jordan, 

Kelley, 

Kenan, 

King,  of  Rabun, 

King,  of  Richmond, 

Kimbro, 

Knight, 

Lamar, 

Lassetter, 

Lawson, 

Lawrence, 

Logan,  of  White,      . 

Logan,  of  Bibb, 

Logan,  of  Dawson, 

Lovett, 

Middleton, 

Monroe, 

Moore,  of  Floyd, 

Murphry, 

Marler, 

Martin,  of  Habersham, 

Matthews,  of  Oglethorpe, 

Matthews,  of  Upson, 

McCutchen, 

McDaniel, 

McDuffie,  of  Marion, 

McGregor, 

Mclntyre, 

N'ash, 

Norman, 

Pafford, 

Parker,  of  Johnson, 

Parker,  of  Murray, 

Parks, 

Patton, 

Paulk, 


Journal  of  the  Convention  of  1865 


301 


Pendleton, 
Perry, 

Quillian, 

Kedding, 

Reese, 

Reynolds, 

Roberts,  of  Echols, 

Robinson,  of  Ear'y, 

Robinson,  of  Laurens, 

Rogers,  of  Gordon, 

Rogers,  of  Milton 

Rumph, 

Sale, 

Scott, 

Shai-pe, 

Shannon, 

Sharman, 

Simmons,  of  Gwinnett, 

Simmons,  of  Crawford, 

Singleton, 

Skelton, 

Smith,  of  Brj^an, 

Solomon, 

Sorrels, 

Stewart, 

Strickland, 

Taliaferro, 


Thompson,  of  Jackso"-, 

Thompson,  of  Guidon, 

Thomas, 

Tison, 

Trice, 

Turk, 

Turner,  of  Campbell, 

Turner,  of  Quitman, 

THirnipseed, 

Underwood, 

Warren,  of  Pulaski, 

Warren,  of  Houston, 

Watkins, 

Watts, 

Watson, 

Weaver, 

Williams,  of  Brynn, 

Williams,  of  Harns, 

Williams,  of  Ware, 

Wikle, 

Willingham, 

Womack, 

Wootten,  of  DeKalb, 

Wooten,  of  Teriell, 

Wright,  of  Coweta, 

Young, 

Zachery. 


So  the  ordinance  as  amended  was  lost. 

Leaves  of  absence  were  granted  to  Messrs.  Atkinson, 
of  Camden,  Doyal,  Dunn,  Daley,  England,  R.  T.  Jones, 
of  Burke,  Maples,  Norman,  Scarlett,  Edwards,  and  Wal- 
ker, of  Richmond. 


Mr.  Davis,  of  Jackson,  moved  to  reconsider  so  much 


302  Confederate    Records 

of  the  journal  of  yesterday  as  relates  to  the  adoption  of 
the  caption  to  the  Constitution. 

The  Convention  refused  to  reconsider. 

Mr.  Jenkins  moved  that  the  Constitution  as  adopted 
by  sections  and  paragraphs  ishould  be  taken  up  and 
finally  read.    Which  was  agreed  to. 

The  first  article  of  the  Constitution  was  read,  when 
Mr.  Jenkins  moved  a  suspension  of  the  farther  reading 
of  the  Constitution  to  enable  Mr.  Chappell  to  announce 
the  death  of  the  Hon.  Hines  Holt,  late  a  delegate  from 
the  county  of  Muscogee,  which  he  did  in  an  elegant  and 
appropriate  manner,  and  concluded  by  introducing  the 
following  resolutions: 

First.  Resolved,  That  the  members  of  the  Conven- 
tion deeply  lament  the  death  of  their  late  associate  in 
this  body,  the  Honorable  Hines  Holt,  a  delegate  from  the 
County  of  Muscogee,  and  tender  to  his  bereaved  family 
their  heartfelt  condolence. 

Second.  Resolved,  That  as  a  mark  of  respect  for  his 
memory  and  sorrow  for  his  death,  the  members  will  wear 
the  usual  badge  of  mourning  on  the  left  arm  for  the  space 
of  thirty  days. 

Third.  Resolved,  That  a  committee  of  four  members 
of  this  Convention  be  appointed  by  the  President  to 
superintend  the  arrangements  touching  the  remains  of 
the  deceased  and  attend  them  from  this  city  to  his  late 
home  in  the  County  of  Muscogee. 

Fourth.  Resolved,  That  the  members  of  the  Con- 
vention will  in  a  body  attend  the  remains  of  the  deceased, 
from  his  late  lodgings  in  this  city,  to  the  railroad  depot. 


Journal  of  the  Convention  of  1865  303 

Fifth.  Resolved,  That  a  copy  of  these  resolutions  be 
transmitted  by  the  Secretary  of  the  Convention  to  the 
family  of  the  deceased. 

Mr.  Jenkins  paid  an  eloquent  and  affecting  tribute  to 
the  memory  of  the  deceased  and  seconded  the  resolutions. 

The  following  named  delegates  were  appointed  the 
committee  under  the  third  resolution: 

Messrs.  Williams,  of  Muscogee, 
Trice,  of  Talbot, 
Bivins,  of  Marion,  and 
Bagley,  of  Chattahoochee. 

On  motion  of  Mr.  Chappell,  the  Convention  adjourned 
until  9 :30  0  'clock  A.  M.  on  Monday. 


MONDAY,  NOVEMBER  6th,  1865. 

9:30  O'clock  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  the  journal  of  Satur- 
day was  read. 

Mr.  Burts,  by  common  consent,  moved  to  reconsider 
so  much  of  the  journal  of  Friday  as  relates  to  the  print- 
ing of  one  thousand  copies  of  the  Constitution,  to  enable 
him  to  propose  an  amendment  thereto. 

The  motion  to  reconsider  prevailed. 

Mr.  Burts  moved  to  amend  the  resolution  by  addini^ 
the  words  *'all  ordinances  and  resolutions." 

Mr.  Dorsey  moved  to  amend  the  amendment  by  adding 


304  Confederate    Records 

the  words  *'of  a  public  character  passed  up  to  the  final 
adjournment." 

The  amendment  of  Mr.  Burts  as  amended  was  agreed 
to,  and  the  resolution  as  amended  passed. 

Mr.  Hammond  declined  to  move  the  reconsideration 
whereof  he  gave  notice  on  Saturday. 

Mr.  Thomas  moved  to  suspend  the  rules  to  enable 
him  to  introduce  a  resolution. 

The  Convention  refused  to  suspend. 

The  Convention  proceeded  with  the  unfinished  busi- 
ness which  was  the  reading  of  the  Constitution. 

The  second,  third,  fourth  and  fifth  articles  were  ac- 
cordingly read. 

Mr.  Jenkins  moved  the  adoption  of  the  Constitution. 

Mr.  Hill,  of  Morgan,  asked  Mr.  Jenkins  to  withdraw 
his  motion  to  enable  Mr.  Chappell  to  offer  an  amendment 
to  the  Constitution,  an  additional  article,  which  was  the 
ordinance  introduced  by  him  on  Friday  last,  entitled  ''An 
Ordinance  to  annul  the  war  debt  and  for  other  purposes." 

The  following  message  from  His  Excellency  the  Pro- 
visional Governor,  by  L.  H.  Briscoe,  his  Secretary,  was 
received,  read  and  referred  with  accompanying  docu- 
ments to  the  committee  of  seven,  whereof  Mr.  Wikle  is 
chairman. 

Mr.  President:  I  am  directed  by  the  Governor  to 
deliver  to  the  Convention  a  communication  in  writing, 
with  accompanying  documents. 

(See  page  78.) 

Mr.  Chappell 's  ordinance  was  taken  up  and  read  and 


Journal  of  the  CoNVENTioisr  of  1865  305 

offered  by  him  as  an  amendment  to  the  Constitution. 
When  Mr.  Kenan  moved  the  previous  question. 

The  move  being  seconded  the  main  question  was  put 
which  was  the  adoption  of  the  Constitution  as  read,  and 
the  Constitution  was  adopted. 

Mr.  Jenkins,  chairman  of  the  Committee  of  Sixteen, 
reported  that  the  committee  were  unable  to  agree  on  the 
subject  of  the  repudiation  of  the  war  debt  and  returned 
to  the  convention  the  ordinances  and  resolutions  relating 
thereto  which  had  been  referred  to  said  committee,  and 
asked  that  the  committee  be  discharged  from  the  further 
consideration  of  that  subject. 

Mr.  Chappell  called  up  his  ordinance,  when  Mr.  Alex- 
ander, of  Thomas  moved  as  a  substitute  the  following: 

''An  ordinance  to  declare  the  public  debt  of  Georgia, 
created  to  promote  the  war  of  rebellion  illegal,  null  and 
void. ' ' 

Official  information  having  been  received  that  the 
President  of  the  United  States  can  not  recognize  the 
people  of  any  State  as  having  resumed  the  relations  of 
loyalty  to  the  Union  that  admits  as  legal  ohligatiov.s 
contracts  or  debts  created  by  them  to  promote  the  war 
of  the  rebellion,  it  is  therefore 

Ordained  by  this  Convention,  That  the  debt  of  the 
State  of  Georgia,  created  for  the  purpose  aforesaid  is 
illegal,  and  therefore  null  and  void. 

Mr.  Dart  moved  the  following  as  a  substitute : 

An  ordinance  to  provide  for  the  payment  of  the  pub- 
lic debt  of  the  State  of  Georgia. 

Be  it  ordained  by  this  convention,  That  the  ensuing 


306  Confederate    Recoeds 

Legislature  of  Georgia,  be  required  to  ascertain  tlae  pub- 
lic debt  of  the  State  of  Georgia,  and  to  provide  for  pay- 
ment of  same  by  issuing  bonds  in  equal  sums  at  ten, 
twenty  and  thirty  years,  with  interest  at  seven  per  cent, 
payable  semi-annually.  That  the  basis  of  such  debts 
shall  be  the  gold  value  at  such  times  as  said  notes,  bonds 
or  certificates  were  disposed  of  or  issued  by  the  State 
authority. 

Mr.  Black  of  Screven,  offered  the  following  as  a  sub- 
stitute : 

**The  people  of  this  State  recognize  the  power  of  the 
United  States  Government  to  prescribe  the  terms  of  re- 
admission  of  the  State  of  Georgia  into  the  Union,  and 
having  received  instructions  from  His  Excellency,  the 
President,  and  the  Secretary  of  State  of  that  Govern- 
ment, that  the  repudiation  of  the  so-called  war  debt  is  a 
condition  precedent  thereto,  and  being  desirous  of  such 
re-admission  at  the  earliest  possible  day.  And  further, 
being  desirous  of  discharging  all  of  the  consistent  and 
binding  obligations  of  this  State; 

Be  it  ordained,  That  the  people  of  Georgia,  recognize 
the  binding  effect  of  all  their  obligations  and  it  is  their 
desire  to  properly  discharge  them. 

And  he  it  further  ordained,  That  the  General  Assem- 
bly of  Georgia,  be  and  is  hereby  directed  to  enact  such 
necessary  and  proper  laws  as  will  reduce  such  war  debt, 
and  all  other  expenditures  and  issues  of  the  State  made 
during  the  existence  of  the  late  unhappy  war,  to  a  specie 
basis  corresponding  to  their  true  value  at  the  date  or 
dates  of  issue  and  by  law  to  make  arrangements  for  the 
payment  thereof.  Provided,  That  if  the  next  Congress 
of  the  United  States  shall  refuse  to  re-admit  the  State 


Journal  of  the  Convention  of  1865 


307 


into  the  Union  by  reason  thereof,  that  then  it  shall  be  the 
duty  of  the  General  Assembly  to  repudiate  the  said  debts 
as  of  necessity. 

Mr.  Lewis  of  Greene,  rose  to  a  point  of  order,  that 
under  the  rule  it  was  necessar>^  to  take  a  vote  on  the 
second  substitute,  which  sustained  a  like  relation  to  the 
original  ordinance  as  an  amendment  before  further  sub- 
stitutes or  amendments  could  be  offered. 
The  point  was  sustained. 

Mr.  Hansel!  moved  that  the  rule  be  modified  so  as  to 
allow  any  member  to  offer  whatever  substitute  or  amend- 
ment he  may  choose  in  order  that  the  opinions  of  mem- 
bers on  the  subject  might  be  brought  before  the  conven- 
tion. 

Mr.  Seward  insisted  that  under  the  rule  the  motion 
of  Mr.  Hansen  must  lie  over  one  day;  so  the  motion  of 
Mr.  Hansen  was  not  entertained. 

Mr.  Saffold  moved  that  the  original  ordinance  and 
substitutes  and  amendments  be  referred  to  a  special 
committee  with  instructions  to  report  at  3:30  o'clock, 
p.  m.     Lost. 

Mr.  Hammond  of  Fulton,  offered  the  following  as  an 
amendment  to  the  substitute  of  Mr.  Alexander  of  Thomas : 
"But  whne  as  loyal  citizens  of  the  United  States,  we 
bona  fide  acquiesce  in  the  arbitrament  of  war  which  has 
decided  that  said  debt  is  not  a  loyal  obligation,  at  least 
certain  parts  of  the  same,  as  between  the  citizens  of  this 
State,  constitute  a  debt  of  honor  and  should  be  paid  upon 
an  equitable  basis  of  settlement."     Lost. 

Mr.  Chappen  amended  his  ordinance  by  striking  out 
in  the  second  Section  the  words  -  impartial  and  disinter- 


308  Confederate   Kecords 

ested  proof,"  and  inserting  in  lieu  thereof  the  words 
*  *  competent  testimony. ' ' 

Mr.  Seward  moved  to  take  up  the  original  ordinance 
of  Mr.  Chappell  by  Sections,  which  was  ruled  out  of 
order. 

Mr.  Simmons  of  Gwinnett,  moved  to  strike  out  all 
after  the  caption  of  Mr.  Chappell 's  ordinance  and  sub- 
stitute the  following: 

Be  it  ordained  hy  the  people  of  Georgia,  in  convention 
assembled,  That  it  shall  be  the  duty  of  the  Legislature  at 
the  next  session  thereof  to  ascertain  the  specie  value  re- 
ceived by  the  State  for  each  class  of  bonds,  notes,  etc., 
when  negotiated  or  issued  from  the  Treasury,  during  the 
late  Civil  War,  and  to  provide  by  law  for  the  payment 
thereof,  with  such  interest  as  may  be  found  just  and  right 
on  each  class,  at  such  specie  value ;  which  payment  may 
be  provided  for  by  a  sale  of  such  portion  of  the  State 
property  as  may  be  necessary  for  that  purpose  by  issu- 
ing new  treasury  notes,  such  as  could  be  circulated  as 
money  among  the  people,  for  the  redemption  of  those 
now  outstanding,  or  State  bonds  payable  at  such  future 
time  as  that  the  profits  of  the  State  road  and  other  pub- 
lic property  would  be  sufficient  to  pay  the  same  at  ma- 
turity or  both,  or  by  levying  a  tax  payable  in  kind  upon 
such  outstanding  treasury  notes,  for  their  redemption  in 
whole  or  in  part,  or  by  such  other  means  as  that  body 
may  see  fit  to  adopt;  provided,  That  no  tax  except  such 
tax  in  kind,  payable  in  such  outstanding  treasury  notes 
shall  be  levied  upon  the  people  to  pay  said  debt,  or  any 
part  thereof.  And  provided,  further.  That  if  the  gov- 
ernment of  the  United  States  shall  require  the  State  of 
Georgia,  as  a  condition  precedent  to  her  restoration  to 


JOUKNAL  OF  THE   CONVENTION   OF   1865  309 

all  her  civil  and  political  rights  as  a  constituent  member 
of  the  Federal  Government,  that  she  shall  repudiate  a 
part  or  the  whole  of  her  war  debt,  then,  and  in  that  event 
said  war  debt  or  such  part  thereof  and  all  bonds,  notes, 
certificates  and  other  securities  issued  and  now  outstand- 
ing for  the  payment  of  the  same,  is  and  are  hereby  de- 
clared to  be  null  and  void  to  all  intents  and  purposes 
whatever."     Which  motion  was  lost. 

A  vote  was  taken  on  the  amendment  of  Mr.  Black  of 
Screven,  and  the  amendment  voted  down. 

Mr.  Dart's  substitute  was  lost. 

Mr.  Warren  of  Pulaski,  moved  as  an  amendment  to 
Mr.  Alexander's  substitute  to  strike  out  all  after  the 
word  ** Rebellion"  in  the  preamble,  and  insert  in  lieu 
thereof,  the  following: 

'*Be  it  therefore  ordained  by  the  people  of  Georgia  in 
convention  assembled,  That  all  bonds,  bills,  treasury 
notes  and  other  securities  issued  by  the  State  of  Geor- 
gia, or  by  any  officer  thereof  to  aid  directly  or  indirectly 
in  carrying  on  or  supporting  the  late  war  against  the 
United  States,  be,  and  they  are  each  and  all  of  them, 
hereby  declared  null  and  void,  and  the  Legislature  of  this 
State  is  forever  prohibited  from  recognizing  the  same  or 
any  part  of  them,  or  in  any  way,  directly  or  indirectly, 
providing  for  the  payment  of  the  same  or  any  part  there- 
of."    Which  was  lost. 

Mr.  Hill  of  Morgan,  moved  to  amend  the  ordinance  of 
Mr.  Chappell  by  striking  out  in  the  second  clause  all 
after  the  words  ''carrying  on  the  war"  and  inserting  in 
lieu  thereof,  the  following: 

"Provided,  That  nothing  herein  contained  shall  pre- 


310     .  Confederate  Records 

vent  any  Legislature  hereafter  to  assemble  from  making 
appropriations  of  money  for  the  payment  of  any  claim 
against  the  State,  originating  after  the  19th  of  January, 
1861,  where  it  shall  be  made  clearly  to  appear  that  such 
claim  was  founded  upon  a  consideration  disconnected 
with  any  purpose  of  aiding  or  assisting  the  prosecution 
of  the  late  war  against  the  United  States  and  not  inci- 
dental to  a  state  of  war."     Agreed  to. 

Mr.  Cohen  moved  as  a  substitute  for  the  whole  the 
following:  Whereas,  The  payment  of  the  State  debt, 
contracted  for  carrying  on  the  war  according  to  its  in- 
trinsic value  or  the  repudiation  of  the  same,  is  a  question 
of  vital  importance  in  which  the  people  of  Georgia  are 
deeply  interested,  as  on  them  will  rest  the  responsibility 
of  repudiation  or  the  burthen  of  payment.  And  whereas, 
The  said  people  have  not  yet  had  the  opportunity  of  ex- 
pressing their  opinions  and  will  not  have  an  opportunity 
to  do  so  at  the  election  to  be  held  on  the  15th  of  the  pres- 
ent month.     Be  it  therefore 

Resolved,  That  the  consideration  of  the  whole  subject 
be  postponed  for  the  present,  and  be  specially  referred 
to  the  Legislature  to  be  elected  in  October,  1867. 

Mr.  Chappell  moved  to  add  the  following  amendment 
to  the  substitute  offered  by  Mr.  Alexander : 

"Be  it  further  ordained.  That  this  ordinance  shall  be 
part  of  the  Constitution  and  fundamental  law  of  the 
State." 

Mr.  Kenan  rose  to  a  point  of  order :  that  the  conven- 
tion having  refused  to  incorporate  the  ordinance  of  Mr. 
Chappell,  whereof  the  amendment  proposed  is  a  part,  into 


Journal  of  the  Convention  of  1865  311 

the  Constitution  today,  it  is  ont  of  order  now  to  move  it 
again. 

The  point  of  order  was  over-ruled. 

The  convention  took  a  recess  until  3:30  o'clock,  p.  m. 

3:30  O'clock,  P.  M. 

The  convention  re-assembled. 

Leave  of  absence  was  granted  to  Mr.  Ridley  of  Jones, 
on  account  of  sickness. 

Mr  Barnes,  chairman  of  the  Committee  on  Enroll- 
ment, reported  as  duly  enrolled  and  ready  for  the  signa- 
ture of  the  President  the  following  ordinances  and  reso- 
lutions : 

A  resolution  to  print  500  copies  of  the  report  of 
Comptroller-General. 

Resolutions  on  the  death  of  the  Hon.  Benjamin  H. 
Rice,  delegate  elect  from  the  County  of  Quitman. 

Resolution  to  add  another  to  the  rules  of  the  con- 
vention. 

Resolution  from  Auditing  Committee  to  have  300 
blanks  printed. 

Resolution  asking  Provisional  Governor  Johnson  to 
furnish  copies  of  his  telegrams  to  Washington,  respect- 
ing repudiation  of  war  debt  and  all  correspondence  on 
the  subject. 

An  ordinance  to  ratify  certain  acts,  judgments  and 
other  proceedings  therein  mentioned. 


312  Confederate    Records 

Resolutions  in  regard  to  the  death  of  the  Hon.  Hines 
Hblt. 

A  resolution  authorizing  the  Committee  of  Seven,  ap- 
pointed to  take  into  consideration  the  subject  of  the  cot- 
ton hitherto  belonging  to  this  State,  to  send  for  persons 
and  papers. 

Also,  a  resolution  asking  of  His  Excellency,  James 
Johnson,  additional  information  in  regard  to  the  pur- 
chase of  cotton  and  tobacco  to  be  communicated  to  Com- 
mittee of  Seven,  to  whom  was  referred  his  message  and 
accompanying  documents. 

Also,  preamble  and  resolutions  reported  by  Commit- 
tee of  Seventeen,  respecting  organization  of  volunteer  or 
militia  companies. 

Also,  an  ordinance  to  legalize  contracts  made  by 
guardians,  administrators,  executors  and  trustees,  with 
the  freedmen  for  the  benefit  of  their  wards  and  estates, 
and  to  authorize  said  guardians,  etc.,  to  make  such  con- 
tracts until  provided  for  by  the  Legislature. 

Also,  an  ordinance  making  it  the  duty  of  the  General 
Assembly  of  the  State  of  Georgia,  to  provide  for  the 
support  of  indigent  widows  and  orphans  of  deceased  sol- 
diers of  this  State,  and  for  other  purposes  therein  named. 

The  convention  proceeded  to  the  consideration  of  the 
unfinished  business,  which  was  the  amendment  of  Mr. 
Chappell  to  the  substitute  of  Mr.  Alexander,  and  after 
elaborate  discussion,  the  amendment  was  lost. 

Mr.  Wright  of  Coweta,  then  moved  that  inasmuch  as 
the  amendment  of  Mr.  Chappell  to  the  substitute  of  Mr. 
Alexander  had  been  rejected,  that  so  much  of  the  orig- 


JOUENAL.  OF  THE  CONVENTION  OF   1865 


313 


inal  ordinance  introduced  by  Mr.  Chappell  as  is  in  the 
same  words,  be  stricken  therefrom. 

Upon  which  Mr.  Seward  called  the  yeas  and  nays, 
which  were  ordered  and  were  as  follows : 

Yeas,  156;  nays,  108. 

Those  voting  in  the  affirmative  were:  Messrs. 


Alexander  of  Thomas, 

Anderson  of  Chatham, 

Anderson  of  Cobb, 

Arnold  of  Walton, 

Ashley, 

Atkinson  of  Troup, 

Atkinson  of  Camden, 

Bacon, 

Barksdale, 

Barnes, 

Barnett, 

Baxter, 

Bell  of  Forsyth, 

Bell  of  Webster, 

Bethune, 

Blance, 

Black  of  Screven, 

Blount, 

Brewer, 

Brightwell, 

Burts, 

Cabaniss, 

Callaway, 

Candler, 

Chandler, 

Christy, 

Clement, 

Cochran  of  Terrell, 

Cohen, 


Cole, 

Cook, 

Covington, 

Cureton, 

Cutts, 

Dart, 

Davis  of  Floyd, 

Davis  of  Jackson, 

D  alley, 

DeGraffenried, 

Dowda, 

DuBose, 

Dupree, 

Ellington  of  Clayton, 
England, 

Freeman, 

Felton, 

Floyd, 

Gillis, 

Gibson, 

Gunnels, 

Goode  of  Houston, 

Graham, 

Home, 

Hill  of  Troup, 
Holt  of  Bibb, 
Humber, 


314 


Confederate    Records 


Hudson  of  Brooks, 

Murphry, 

Holmes, 

Mallard, 

Harris  of  Clark, 

Manning, 

Harris  of  Taliaferro, 

Marler, 

Harris  of  Hancock, 

Martin  of  Echols, 

Harris  of  Worth, 

Matthews  of  Oglethorpe, 

Hook, 

Matthews  of  Washington, 

Hammond, 

McCroan, 

Howard  of  Bartow, 

McDaniel, 

Huie  of  Fayette, 

McDuffie  of  Manon,      . 

Hansell, 

McGregor, 

Harvey, 

Mclntyre, 

Hood, 

McLeod, 

Hail, 

McRae  of  Telfair, 

Irwin, 

Nash, 

Jackson, 

Neal, 

Jenkins, 

Parker  of  Jolmson, 

Jones  of  Columbia, 

Parks, 

Jones,  M.  D.,  of  Burke, 

Patton, 

Kirksey, 

Pendleton, 

Kenan, 

Perry, 

King  of  Greene, 

Puckett, 

King  of  Richmond, 

Rawls, 

Kimbro, 

Reese, 

Lamar, 

Reynolds, 

Lawson, 

Ridley  of  Troup, 

Lawrence, 

Roberts  of  Warren, 

Lewis  of  Greene, 

Robinson  of  Early, 

Logan  of  White, 

Rogers  of  Milton, 

Logan  of  Bibb, 

Rouse, 

Logan  of  Dawson, 
Lovett, 

Sale, 

Lloyd, 

Scruggs, 
Scott, 

Middleton, 

Sharpe, 

Moore  of  Floyd, 

Shockley, 

Moore  of  Webster, 

Simmons  of  Gwinnett, 

Morgan, 

Simmons  of  Crawford, 

Journal  of  the  Convention  of  1865 


315 


Skelton, 

Smith  of  Coweta, 

Solomon, 

Sorrels, 

Stapleton, 

Stephens, 

Stewart, 

Thompson  of  Jackson, 

Thomas, 

Tison, 

Turner  of  Campbell, 

Tlirner  of  Quitman, 

Turnipseed, 

Underwood, 


Warren  of  Pulaski, 

Warner, 

Watson, 

Whitaker, 

Winn, 

Williams  of  Baker, 

Williams  of  Harris, 

Willingham, 

Wimberly, 

Womack, 

Wootten  of  DeKalb, 

Wooten  of  Terrell, 

Wright  of  Coweta. 

AVright  of  Dougherty, 

Zachery. 


Adair, 

Adams  of  Elbert, 

Allen, 

Alexander  of  Pike, 

Arnold  of  Htenry, 


Those  voting  in  the  negative  were:  Messrs. 

Crawford  of  Decatur, 

Dickey, 

Dixon, 

Dorminy, 

Dorsey, 

Douglass, 

Driver, 

Ellington  of  Gilmer, 
Edwards, 

Fowler, 
Eraser, 


Barlow, 

Brassell, 

Black  of  Walker, 

Bower, 

Bowers, 

Bowen, 

Boyd, 

Brady, 

Brantley, 

Brewton  of  Bulloch, 

Bush, 

Chappell, 

Clark, 

Cochran  of  Wilkinson, 

Colley, 


Grrant, 

Gordon, 

Giles, 

Goode  of  Pickens, 

Glover, 

Henry, 

Herring, 

Hill  of  Morgan, 


316 


Confederate    Records 


Hopkins, 

Hudson  of  Schley, 

Hudson  of  Wilkinson, 

Highsmith, 

Howard  of  Towns, 

Hopps, 

Hand, 

Huie  of  Clayton, 

Harlan, 

Johnson  of  Campbell, 

Johnson  of  Heard, 

Johnson  of  Spalding, 

Jordan, 

Kelley, 

King  of  Rabun, 

Knight, 

Lasseter, 

Lewis  of  Dooly, 

Luffman, 

Monroe, 

Morel, 

Morris, 

Martin  of  Carroll, 

Martin  of  Habersham, 

Matthews  of  Upson, 

Mattox, 

McCrary, 

McCutchen, 

McRae  of  Montgomery, 

Merrill, 

Newsom, 

Pafford, 

Parrott, 

Paulk, 

So  the  motion  prevailed. 

On  motion  the  convention  adjourned  until  9 :30  o'clock, 
a.  m.,  tomorrow. 


Penland, 

Powell, 

Quillian, 

Redding, 

Richardson, 

Riley  of  Lumpkin, 

Roberts  of  Dooly, 

Roberts  of  Echols, 

Robinson  of  Laurens, 

Rogers  of  Gordon, 

Rumph, 

Saffold, 

Seward, 

Shannon, 

Sharman, 

Singleton, 

Smith  of  Bryan, 

Strickland, 

Taliaferro, 

Thompson  of  Gordon, 

Thompson  of  Haralson, 

Walker  of  Carroll, 

Warren  of  Houston, 

Watkins, 

Ware, 

Watts, 

Weaver, 

Whelchel, 

Williams  of  Bryan, 

Williams  of  Haralson, 

Williams  of  Ware, 

Wikle, 

Wright  of  Emanuel, 

Young. 


Journal  of  the  Convention  of  1865  317 

TUESDAY,  NOVEMBER  7th,  1865, 

9:30  O'CLOCK,  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  the  journal  of  yes- 
terday was  read. 

Mr.  Chappell  gave  notice  that  he  should  move  to  re- 
consider so  much  of  the  journal  of  yesterday  as  records 
the  action  of  the  Convention  striking  out  the  clause  in 
the  ordinance  offered  by  him,  making  said  ordinance 
part  of  the  Constitution  of  the  State. 

Mr.  Barnes,  chairman  of  the  committee  on  enroll- 
ment, reported  as  duly  enrolled  and  ready  for  the  sig- 
nature of  the  President  the  following  ordinances  and 
resolutions : 

Resolution  requesting  one  thousand  copies  of  the 
Constitution,  and  all  ordinances  and  resolutions  of  a 
public  character,  to  be  printed  for  the  use  of  the  mem- 
bers of  the  Convention. 

A  resolution  tendering  the  Hon.  Wm.  M.  Burwell  a 
seat  on  this  floor. 

A  resolution  authorizing  the  President  of  this  Con- 
vention to  appoint  a  committee  of  five,  to  be  styled  the 
committee  on  journals. 

A  resolution  tendering  seats  to  ex-Governor  Joseph 
E.  Brown,  and  others. 

A  resolution  in  relation  to  drawing  for  seats. 

A  resolution  that  committee  of  sixteen  take  into  con- 


318  Confederate    Records 

sideration  the  necessity  of  providing  temporary  organi- 
zations of  militia  in  each  county.     Also, 

A  resolution  to  recommit  the  second  article  of  the 
Constitution  to  the  committee  of  sixteen,  with  instruc- 
tions to  report  a  plan  of  reduction.     Also, 

A  resolution  adopting  the  rules  of  the  Convention  of 
1861  for  the  government  of  this  Convention.     Also, 

A  resolution  to  substitute  as  a  rule  of  this  Conven- 
tion in  lieu  of  existing  rule  on  the  subject.     Also, 

A  resolution  authorizing  the  President  of  the  Con- 
vention to  appoint  enrolling  and  auditing  committees. 
Also  the  Constitution  of  the  State  of  Georgia. 

Mr.  Hill,  chairman  of  the  committee  of  five,  to  whom 
was  referred  *'an  ordinance  to  authorize  the  Courts  of 
this  State  to  adjust  the  equities  between  parties  to  con- 
tracts made  during  the  war  against  the  United  States, 
and  to  admit  parol  or  other  evidence  to  explain  the 
same,"  reported  the  following  as  a  substitute  therefor, 
and  recommended  the  adoption  of  the  substitute: 


An  Ordinance 

To  make  valid  private  contracts  entered  into  and  exe- 
cuted during  the  war  against  the  United  States,  and 
to  authorize  the  courts  of  this  State  to  adjust  tlie 
equities  between  parties  to  contracts  made,  but  not 
executed,  and  to  authorize  settlements  of  such  con- 
tracts by  persons  acting  in  a  fiduciary  character. 

Section  1.     The  people  of  Georgia,  in  Convention  as- 
sembled, do  ordain,  That  all  private  contracts  made  and 


Journal,  of  the  Convention  of  1865  319 

executed  during  the  war  against  the  United  States,  and 
not  in  violation  of  the  Constitution  and  laws  of  this 
State,  or  of  the  United  States,  shall  be  a-s  valid  and  bind- 
ing as  if  made  and  executed  before  hostilities  commenced. 

Sec.  2.  And  it  is  further  ordained,  That  all  contracts 
made  during  said  war  whether  expressed  in  writing  or 
implied,  or  existing  in  parol  and  not  yet  executed,  shall 
receive  an  equitable  construction,  and  either  party  in 
any  suit  for  the  enforcement  of  any  such  contract,  may 
upon  the  trial  give  in  evidence  the  consideration  and  the 
value  thereof  at  any  time  and  the  intention  of  the  par- 
ties as  to  the  particular  currency  in  which  payment  was  to 
be  made,  and  the  value  of  such  currency  at  any  time,  and 
the  verdict  and  judgment  rendered  shall  be  on  princi- 
ples of  equity. 

Sec.  3.  Atid  it  is  fniiher  ordained,  That  executors, 
administrators,  guardians  and  trustees,  shall  have  power 
to  settle  or  compromise  all  claims  or  evidences  of  debt, 
in  their  possession  created  since  the  19th  day  of  Janu- 
ary, 1861,  contracted  with  reference  to  payment  in  Con- 
federate States  of  America  Treasury  notes  or  other  cur- 
rency of  a  depreciated  value,  and  accept  in  satisfaction 
of  such  indebtedness  the  fair  and  reasonable  value  of 
such  claims. 

Which  on  motion  of  Mx.  Warren,  lies  over  under  the 
rule. 

Leaves  of  absence  was  granted  for  the  balance  of  the 
session  to  Messrs.  Hammond,  Jackson  of  Whitfield,  Mc- 
Leod,  and  Wright  of  Emanuel,  Hopkins,  Rumph,  and 
Powell  of  Fannin. 


320  Confederate   Records 

Mr.  Nichols  moved  to  suspend  the  rule  to  allow  him 
to  introduce  an  ordinance.     Granted. 

Mr.  Nichols  introduced  the  following: 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  the  voters  of  those  counties  of  the 
State  of  Georgia,  in  which  from  the  short  notice  given, 
elections  for  members  of  the  General  Assembly  cannot 
be  held  on  the  15th  inst.,  as  provided  by  the  Constitu- 
tion, be  and  they  are  hereby  authorized  to  hold  said  elec- 
tions on  Saturday  the  25th  inst.,  and  that  the  members 
elected  as  aforesaid  be  allowed  to  take  their  seats  at  the 
earliest  practicable  day  after  the  General  Assembly  shall 
convene,  under  the  same  rules  and  regulations  as  if  they 
were  elected  on  the  day  first  aforesaid. 

And  be  it  further  ordained,  That  three  hundred  cop- 
ies of  this  ordinance  be  printed  for  the  use  of  the  mem- 
bers of  this  Convention. 

The  rule  was  on  motion  of  Mr.  Nichols  suspended, 
the  ordinance  taken  up,  read  three  times  and  put  upon 
its  passage. 

Mr.  Hopkins  moved  to  amend  by  including  all  elec- 
tions. 

Mr.  Candler  moved  the  previous  question,  which  be- 
ing sustained,  the  main  question  was  put,  and  the  origi- 
nal ordinance  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
submitted  the  following  resolution,  and  asked  the  adop- 
tion of  the  same — the  rule  suspended,  the  report  agreed 
to  and  the  resolution  adopted: 

In  view  of  the  changed  relations  of  the  citizens  of 


Journal  of  the  Convention  of  1865  321 

this  State,  to  the  large  number  of  persons  recently  held 
by  them  as  slaves,  but  now  recognized  as  freedmen,  and 
of  the  imperative  obligation  resting  upon  the  former  to 
give  efficient  protection  to  the  latter,  and  to  promote 
among  them  the  observance  of  law  and  order,  habits  of 
industry  and  moral  improvement. 

1st.  Be  it  resolved,  That  a  commission  of  five  per- 
sons, viz:  Messrs.  Ebenezer  Starnes  of  Eichmond,  Lin- 
ton Stephens  of  Hancock,  Wm.  Hope  Hull  of  Clarke,  Lo- 
gan E.  Bleckley  of  Atlanta,  and  Lewis  N.  Whittle  of  Bibb, 
be  and  they  are  hereby  appointed  forthwith  to  prepare 
and  report  to  the  Governor  at  the  earliest  practicable 
day,  to  be  laid  before  the  General  Assembly  at  the  next 
session,  a  code  or  system  of  laws  to  carry  into  effect  the 
fifth  paragraph  of  the  third  section  of  the  second  article, 
and  the  third  clause  of  the  second  section  of  the  fourth 
article  of  the  Constitution  adopted  by  this  Convention, 
and  that  they  be  requested  to  meet  at  Milledgeville  on 
the  13th  instant. 

2.  That  any  three  of  said  commissioners  may  act 
and  may  in  their  discretion  fill  vacancies  in  their  own 
body  occasioned  by  the  non-acceptance  or  resignation  of 
any  member  of  it,  and  that  this  resolution  be  communi- 
cated by  the  Secretary  to  each  commissioner. 

3.  That  the  General  Assembly  be  requested  to  make 
provision  for  their  compensation. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  resolutions  and  recommended 
their  adoption: 

Resolved,  That  the  repealing  ordinance,  the  Consti- 
tution and  all  other  ordinances  adopted  by  this  Conven- 


322  Confederate    Records 

tion,  when  signed  by  the  President  and  countersigned  by 
the  Secretary,  be  presented  to  His  Excellency  the  Pro- 
visional Governor,  with  a  request  that  he  cause  the  same 
to  be  sealed  with  the  great  seal  of  the  State,  adopted  by 
this  Convention,  filed  in  the  office  of  Secretary  of  State, 
and  by  him  recorded  in  a  book  suitable  to  the  perma- 
nent preservation  of  the  same. 

2d.  Resolved,  That  a  second  copy  of  the  said  repeal- 
ing ordinance  and  of  the  Constitution,  signed,  counter- 
signed and  sealed  as  aforesaid,  be  placed  in  the  hands 
of  His  Excellency  the  Governor,  as  well  as  a  second  copy 
of  any  other  ordinance  designated  by  him  for  the  pur- 
pose of  being  transmitted  to  His  Excellency  the  Presi- 
dent of  the  United  States,  together  with  a  copy  signed  and 
countersigned  as  aforesaid,  of  the  address  to  the  Presi- 
dent, adopted  by  the  Convention. 

3d.  Resolved,  That  the  journal  of  this  Convention 
be  deposited  in  the  office  of  the  Secretary  of  State,  and 
that  thirteen  hundred  copies  thereof  be  printed  and  dis- 
tributed as  follows :  one  copy  to  each  member  of  the 
Convention,  one  to  each  member  of  the  next  General  As- 
sembly, one  to  each  Judge  of  the  Supreme  and  Superior 
courts,  and  one  to  the  Ordinary  of  each  county ;  and  that 
to  said  copy  of  the  Journal  so  printed  there  be  added 
an  appendix,  containing  the  Constitution,  ordinances  and 
resolutions  adopted  by  this  Convention,  together  with  an 
index. 

4th.  Resolved,  That  Messrs.  deGraffenried  of  Bald- 
win, Humber  of  Putnam,  and  Cochran  of  Wilkinson,  be 
a  committee  to  bring  up  the  unfinished  business  of  the 
Convention. 


JOUENAL  OF  THE   CONVENTION   OF   1865  323 

The  report  was  taken  up,  when  Mr.  Humber  asked  to 
be  excused  from  serving  on  the  committee  appointed  in 
the  fourth  resolution. 

He  was  excused  and  Mr.  Blount  of  Jones,  substituted 
in  his  place. 

On  motion  of  Mr.  Hill  of  Morgan,  the  third  resolution 
was  amended  by  adding  after  the  word  "ordinary,"  the 
words  "the  Clerks  of  the  Superior  and  Inferior  Courts. 

The  report  was  agreed  to  and  the  resolutions  as 
amended  were  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
made  the  following  report: 

The  committee  of  sixteen,  to  whom  was  referred  aii 
ordinance  to  provide  for  the  payment  of  Ordinaries  and 
Clerks  of  the  Superior  courts  of  this  State,  tor  certain 
'e„ices  rendered  by  said  officers,  report:    That  in  their 
opinion  the  object  contemplated  is  a  good  one  and  that 
justice  requires  that  the  services  referred  to  be  prompt  y 
and  fairly  compensated,  but  they  believe  that  the  duty 
of  compensation  rests  upon  the  General  Assembly  rather 
than  upon  this  Convention.    They  therefore  advise  that 
the  following  resolution  be  passed  in  lieu  of  the  ordi- 
nance reported: 

Resolved',  That  in  the  opinion  of  this  Convention  it  is 
incumbent  on  the  General  Assembly  soon  to  meet  to  make 
early  and  just  compensation  to  the  Ordinaries  and  Clerks 
of  the  courts  of  the  several  counties  for  services  ren- 
dered in  administering  to  citizens  the  amnesty  »«*  pre- 
scribed in  the  President's  Proclamation,  as  directed  by 


324  Confederate    Records 

his  Excellency  Governor  James  Johnson,  and  that  they 
be  and  are  respectfully  requested  so  to  do. 

The  report  was  agreed  to,  and  the  resolution  reported 
by  them  was  adopted. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  ordinance  and  recommended  its 
adoption : 


An  Ordinance 

To  authorize  the  Provisional  Governor,  or  his  successor, 
to  borrow  a  sum  of  money  for  the  pressing  necessi- 
ties of  the  Western  and  Atlantic  Railroad, 

The  people  of  the  State  of  Georgia,  in  Convention  met, 
do  ordain,  That  His  Excellency,  the  Provisional  Gov- 
ernor, or  his  successor,  be,  and  either  of  them  is,  hereby 
authorized  and  empowered  to  borrow  a  sum  of  money 
not  exceeding  one  hundred  thousand  dollars,  at  a  rate  of 
interest  not  exceeding  seven  per  cent  per  annum,  upon 
bonds  of  the  State  of  Georgia,  in  such  form  and  upon 
such  time  as  he  may  deem  expedient,  to  be  used  under 
his  discretion  in  sujDplying  the  pressing  necessities  of  the 
Western  and  Atlantic  Railroad;  and  further,  that  the 
income  from  said  railroad  may  be  pledged  for  the  pay- 
ment of  the  interest  and  principal  of  said  bonds  as  the 
same  may  become  due. 

The  report  was  agreed  to,  the  ordinance  read  three 
times  and  passed. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
made  the  following 


Journal  of  the  Convention  of  1865  325 

REPORT: 

To  His  Excellency  Andrew  Johnson, 

President  of  the  United  States  of  America: 
The  people  of  the  State  of  Georgia,  now  in  Conven- 
tion  having  repealed  all  ordinances  and  resolutions  by 
them  heretofore  adopted,  with  a  purpose  to   separate 
themselves  from  the  United  States,  and  to  enter  into 
another  Confederacy;  and  having  adopted  a  Constitution 
strictly  republican,  wherein  the  supremacy  of  the  Con^ 
stitution,  constitutional  laws,  and  treaties  of  the  United 
States  of  America  are  distinctly  affirmed;  having  therein 
recognized  the  emancipation,  by  the  United  States  Gov- 
ernment, of  persons  previously  held  as  slaves  m  this 
State,  and  ordained,  in  the  fundamental  law,  that  neither 
slavery  nor  involuntary  servitude  (save  as  a  punishment 
for  crime),  shall  hereafter  exist  in  Georgia;  and  having, 
as  they  conceive,  done  all  things  necessary  and  proper 
on  their  part,  to  the  full  and  complete  restoration  of 
their  State  to  her  rights  and  privileges  as  a  State,  and 
as  a  member  of  the  American  Union,  respectfully  request 
that  all  needful  Executive  and  Legislative  measures  be 
taken  to  effect  such  restoration  as  speedily  as  possible. 
We  the  delegates  of  the  people,  fully  informed  as  to 
their  purposes  and  desires,  assure  your  Excellency  that 
it  is  their  fixed  intention  to  perform  their  whole  duty  as 
citizens  of  the  United  States;  that  their  desire  is  to  live 
under  the  Constitution,  in  peace  and  harmony  with  the 
whole  people,  and  to  see  sectional  strife  banished  forever 
from  the  national  councils. 

We  moreover  express  to  you,  sir,  their  entire  conri- 


326  Confederate   Records 

dence  in  your  just  and  kind  intentions  towards  them ;  and 
their  anticipations  of  your  conciliatory  and  trustful  con- 
sideration of  their  acts  and  doings  in  this  Convention. 

On  motion  of  Mr.  Hill  of  Morgan,  the  report  was  laid 
on  the  table  for  the  present. 

Mr.  Jenkins,  chairman  of  committee  of  sixteen,  re- 
ported the  following  resolutions  and  recommended  their 
adoption : 

1st.  Resolved,  That  the  thanks  of  this  Convention  be 
tendered  to  His  Excellency  the  Provisional  Governor,  for 
his  acceptance  of  the  office,  for  the  considerate  kindness 
with  which  he  has  administered  its  delicate  and  difficult 
details  and  for  his  courtesy  to  this  body. 

2d.  That  His  Excellency  be  requested  to  forward  to 
the  President  of  the  United  States  copies  of  the  repeal- 
ing ordinance  and  of  such  other  ordinances  and  resolu- 
tions as  he  may  deem  proper;  also,  copies  of  the  Con- 
stitution and  address  to  the  President,  adopted  by  the 
Convention. 

3d.  That  His  Excellency  the  Governor  be  requested 
to  draw  his  warrant  or  warrants  upon  the  Treasury  in 
payment  of  the  accounts  for  printing  ordered  by  this 
Convention;  and  also,  the  printing  of  blanks  furnished 
Ordinaries  to  administer  the  amnesty  oath  at  the  rates 
fixed  by  law,  as  the  same  may  be  executed,  if  there  be 
funds  in  the  Treasury  to  meet  said  demands. 

On  motion,  the  report  was  laid  upon  the  table  for  the 
present. 

Mr.  Jenkins,  chairman  of  the  committee  of  sixteen, 
reported  the  following  ordinance: 


JOUENAL   OF   THE    CONVENTION    OF    1865  327 


An  Ordinance 

For  the  relief  of  the  banks  of  the  State  and  the  officers 
of  said  Banks. 

Whereas  the  banks  of  this  State  have  become  greatly 
embarrassed  in  their  affairs,  not  by  any  mis-management 
of  the  directors  of  said  banks,  but  by  the  troubles  of  the 
times,  and  the  legislation  of  the  State  of  Georgia  with 
reference  to  said  banks: 

The  people  of  Georgia  in  Convention  assembled,  do 
ordain,  That  all  pains  and  penalties  heretofore  imposed 
upon  said  banks  and  their  officers  by  any  previous  legis- 
lation of  the  General  Assembly  of  the  State  for  the  fail- 
ure of  said  banks  to  redeem  their  liabilities  in  gold  and 
silver,  be,  and  the  same  are,  hereby  repealed;  provided, 
this  shall  not  apply  to  any  liability  to  any  individual  aris- 
ing upon  a  contract. 

And  it  is  further  ordained  by  the  authority  aforesaid, 
That  said  banks  be  and  they  are  hereby  authorized  to 
make  an  assignment  for  the  benefit  of  their  creditors  and 
go  into  liquidation.  Mr.  Parrott  moved  to  amend  by 
striking  out  the  word  ''repealed"  and  inserting  the  words 
"suspended  until  the  Legislature  shall  otherwise  direct." 

Mr.  Seward  moved  the  previous  question,  which  being 
sustained,  the  main  question  was  put,  upon  which  Mr. 
Parrott  demanded  the  yeas  and  nays,  which  being  re- 
corded, were  as  follows: 

Yeas  125;  nays  132: 


328 


Confederate    Records 


Those  who  voted  in  the  affirmative  were:  Messrs. 


Adair, 

Alexander  of  Pike, 
Alexander  of  Thomas, 
Anderson  of  Chatham, 
Anderson  of  Cobb, 
Arnold  of  Henry, 
Atkinson   of   Troup, 
Atkinson  of  Camden, 

Bacon, 

Barksdale, 

Bassell, 

Baxter, 

Black  of  Screven, 

Blount, 

Brantley, 

Brightwell, 

Cabaniss, 

Callaway, 

Candler, 

Chappell, 

Cochran  of  Terrell, 

Cohen, 

Cole, 

Cook, 

Cutts, 

Cureton, 

Bart, 

Davis  of  Floyd, 

Davis  of  Jackson, 

Dixon, 

Dowda, 

Driver, 

DuBose, 

Dupree, 

Floyd, 


Gillis, 

Gibson, 

Giles, 

Goode  of  Houston, 

Hail, 

Hansell, 

Home, 

Hill  of  Morgan, 

Hill  of  Troup, 

Holt  of  Bibb, 

Hopkins, 

Humber, 

Hudson  of  Brooks, 

Holmes, 

Harris  of  Clark, 

Harris  of  Taliaferro, 

Harris  of  Hancock, 

Hjghsmith, 

Hand, 

Irwin, 

Jenkins, 

Johnson  of  Clark, 
Johnson  of  Spalding, 
Jones  of  Columbia, 
Jones,  M.  D.,  of  Burke, 

Kirksey, 

Kenan, 

King  of  Greene, 

King  of  Richmond, 

Kimbro, 

Lamar, 
Lawrence, 
Lewis  of  Greene, 
Logan  of  Bibb, 


Journal  of  the  Convention  of  1865 


329 


Lovett, 
Lloyd, 

Middleton, 

Moore  of  Floyd, 

Morgan, 

Mallard, 

Manning, 

Marler, 

Martin  of  Echols, 

Matthews  of  Oglethorpe, 

McDuffie  of  ^Harion, 

McGregor, 

Mclntyre, 

McLeod, 

McRae  of  Telfair, 

Nash, 

Newsom, 

Nichols, 

Park, 
Patton, 
Pendleton, 
Perry, 

Reese, 

Ridley,  of  Troup, 

Riley  of  Taylor, 

Rogers  of  Milton, 

Rumph, 


Sale, 

Scott, 

Seward, 

Simmons  of  Crawford, 

Skelton, 

Smith  of  Bryan, 

Smith  of  Coweta, 

Solomon, 

Stapleton, 

Stephens, 

Stewart, 

Thomas, 

Turk, 

Turner  of  Campbell, 

Turner  of  Quitman, 

Warren  of  Pulaski, 

Warren  of  Houston, 

Watts, 

Watson, 

Whitaker, 

Winn, 

Williams  of  Baker, 

Williams  of  Bryan, 

Willingham, 

Wimberly, 

Wootten  of  DeKalb, 

Wootten  of  Terrell, 

Wright  of  Coweta, 

Wright  of  Emanuel, 


Those  who  voted  in  the  negative  were:  Messrs. 


Adams  of  Elbert, 

Allen, 

Arnold  of  Walton, 

Ashley, 


Barlow, 

Barnes, 

Barnett, 

Bell  of  Forsyth, 


330 


Confederate    Eecokds 


Bell  of  Webster, 

Betbune, 

Blance, 

Black  of  Walker, 

Bower, 

Bowers, 

Bo  wen, 

Boyd, 

Brady, 

Brewer, 

Brewton  of  BuUocb, 

Burts, 

Busb, 

Cbandlery 

Clark, 

Colley, 

Covington, 

Crawford  of  Decatur, 

Dailey, 

DeGraffenried, 

Dickey, 

Dorminey, 

Dorsey, 

Douglass, 

Ellington  of  Gilmer, 

England, 

Edwards, 

Freeman, 

Eraser, 

Felton, 

Grant, 

Gunnels, 

Goode  of  Pickens, 

Glover, 

Grabam, 

Henry, 


Herring, 

Hudson  of  Scbley, 

Harris  of  Wortb, 

Hook, 

Howard  of  Bartow, 

Howard  of  Towns, 

Hopps, 

Harvey, 

Harlan, 

Hood, 

Johnson  of  Campbell, 
Jobnson  of  Heard, 
Jones,  R.  T.,  of  Burke, 
Jordan, 

Kelley, 
Kirkland, 
King  of  Rabun, 
Knigbt, 

Lasseter, 
Lawson, 
Lewis  of  Dooly, 
Logan  of  White, 
Logan  of  Dawson, 
Luffman, 

Monroe, 

Moore  of  Webster, 

Morel, 

Morris, 

Murphry, 

Martin  of  Carroll, 

Martin  of  Habersham, 

Matthews  of  Upson, 

Matthews  of  Washingion, 

Mattox, 

McCrary, 

McCroan, 

McCutcheon, 


Journal  of  the  Convention  of  1865 


331 


McDaniel, 

McRae  of  Montgomery, 

Merrill, 

Neal, 

Pafford, 

Parrott, 

Parker  of  Murray, 

Paulk, 

Penland, 

Powell, 

Puckett, 

Quillian, 

Rawls, 

Redding, 

Reynolds, 

Richardson, 

Riley  of  Lumpkin, 

Roberts  of  Dooly, 

Roberts  of  Warren, 

Robinson  of  Early, 

Robinson  of  Laurens, 

Rogers  of  Gordon, 

Rouse, 

Saffold, 

Scruggs, 

Sliarpe, 


Shannon, 

Sharman, 

Shockley, 

Simmons  of  Gwinnett, 

Sorrels, 

Strickland, 

Taliaferro, 

Thompson  of  Jackson, 
Thompson  of  Gordon, 
Thompson  of  Haralson, 
Tison, 
Turnipseed, 

Underwood, 

Walker  of  Carroll, 

Watkins, 

Warner, 

Ware, 

Weaver, 

Whelchel, 

Williams  of  Haralson, 

Williams  of  Harris, 

Williams  of  Ware, 

Wikle, 

Wright  of  Dougherty, 

Young, 

2achery. 


So  the  ordinance  was  lost. 


On  motion  of  Mr.  Cabaniss  the  rule  was  suspended 
and  he  introduced  the  following: 

An  Ordinance 

To  provide  for  the  payment  of  the  officers  and  members 
of  the  Convention. 


332  CONFEDEEATE     EeCORDS 

Be  it  ordained,  That  the  sum  of  ten  dollars  per  day 
be  paid  to  the  President  of  this  Convention  during  the 
present  session,  and  the  sum  of  four  dollars  for  every 
twenty  miles  of  travel  going  to  and  returning  from  the 
seat  of  Government,  to  be  computed  by  the  nearest  car- 
riage route  usually  travelled ;  the  sum  of  six  dollars  per 
day  to  the  members  of  the  Convention,  and  the  sum  of 
four  dollars  for  every  twenty  of  miles  of  travel,  under 
the  same  rule  which  applies  to  the  President ;  the  sum  of 
eight  dollars  per  day  to  the  Secretary,  and  seven  dollars 
each  per  day  to  the  Assistant  Secretary,  Engrossing,  En- 
rolling and  other  Clerks  and  the  Clerk  to  the  committee 
of  sixteen,  allowed  by  resolution  of  the  Convention,  with 
the  same  mileage  as  is  allowed  the  members;  and  the 
sum  of  ten  dollars  to  the  Secretary  for  contingent  ex- 
penses, or  so  much  thereof  as  may  be  necessary  to  pay 
the  same ;  the  sum  of  six  dollars  each  per  day  to  the  Door- 
keeper, Messenger  and  Assistant  Messenger,  and  the 
same  mileage  as  is  allowed  the  members ;  and  the  sum  of 
fifteen  dollars  to  the  Messenger  for  contingent  expenses. 

Mr.  Dorsey  moved  to  amend  by  striking  out  '^four 
dollars  mileage,"  and  inserting  in  lieu  thereof,  "five  dol- 
lars mileage,"  and  by  striking  out  the  words  "the  near- 
est carriage  route  usually  travelled,"  and  inserting  in 
lieu  thereof  the  words  "the  nearest  public  practicable 
mail  route." 

Mr.  Cabaniss  moved  the  previous  question,  which  be- 
ing sustained,  the  main  question  was  put,  and  the  ordi- 
nance of  Mjr.  Cabaniss  was  adopted  after  having  been 
three  times  read. 

Leave  of  absence  was  granted  Mr.  Moore  of  Webster. 


^  JOUENAL   OF   THE    CONVENTION   OF    1865  333 

Mr,  Chappell  moved  to  reconsider  so  much  of  the 
journal  of  yesterday  as  relates  to  the  action  of  the  Con- 
vention whereby  the  paragraph  in  the  ordinance  intro- 
duced by  himself,  making  said  ordinance  part  of  the 
Constitution  and  fundamental  law  of  the  State  was  re- 
jected. 

The  Convention  refused  to  reconsider. 

Mr.  Wikle,  from  the  committee  of  seven,  made  the 
following  report,  which  was  taken  up: 

The  committee  of  seven,  to  whom  was  referred  the 
Governor's  message  and  accompanying  documents  in  re- 
lation to  the  cotton  purchased  by  the  State,  beg  leave  to 
make  the  following 

REPORT: 

The  committee  finding  it  impracticable  from  the  lim- 
ited time  which  the  Convention  may  continue  in  session 
to  perform  the  duty  assigned  them  in  giving  the  finances 
of  the  State,  that  investigation  the  importance  of  the 
subject  demands,  recommend  to  the  Convention  the  adop- 
tion of  the  following  resolutions: 

1st.  Resolved,  That  His  Excellency  the  Governor  be 
recommended  to  appoint  a  commission  of  three  compe- 
tent persons  to  whom  shall  be  assigned  the  duty  of  mak- 
ing a  thorough  examination  and  investigation  of  the  finan- 
cial operations  of  the  State  from  the  first  of  January, 
1861,  to  the  present  time,  and  report  the  result  of  such 
investigation  to  next  Legislature. 

2d.  That  the  commissioners  so  appointed  shall,  before 
entering  on  the  discharge  of  their  duties,  be  sworn  faith- 


334  Confederate    Records 

fully  to  discharge  the  duties  of  said  commission  and  be 
authorized  to  administer  oaths — send  for  persons  and 
papers  and  have  power  to  compel  the  attendance  of  wit- 
nesses, and  to  require  all  financial  agents  of  the  State  to 
make  such  reports  of  their  receipts  and  disbursements 
as  may  be  necessary  for  the  commissioners  to  arrive  at 
the  facts  necessary  to  a  proper  discharge  of  their  duty. 

3d.  That  the  Governor  be  authorized  to  pay  such 
commissioners  as  he  may  appoint  a  fair  and  reasonable 
compensation  for  their  services. 

Be  it  further  resolved,  That  the  Provisional  Governor 
be  requested  to  take  from  Mr.  Henry  Brigham  an  as- 
signment of  all  his  interest  in  the  sixteen  hundred  and 
fifty  (1650)  bales  of  cotton  purchased  by  said  Brigham 
from  A.  Wilbur,  agent  for  the  State,  and  on  receiving 
such  assignment  that  he  pay  Mr.  Brigham  any  expense 
he  may  have  incurred  in  and  about  said  cotton,  provided 
the  same  do  not  exceed  two  hundred  (200)  dollars,  and 
also  deliver  up  the  notes  of  said  Brigham  given  for  said 
cotton. 

Be  it  further  resolved,  That  the  Governor  and  our 
members  in  the  Senate  and  Congress  of  the  United  States 
be  respectfully  urged  to  press  the  claim  of  this  State  for 
this  cotton,  and  all  other  cotton  belonging  to  this  State 
and  taken  possession  of  by  the  United  States'  authorities. 

The  report  was  taken  up,  read  and  adopted. 

Mr.  Johnson  of  Campbell,  introduced  the  following 
resolution : 

Resolved,  That  this  Convention  adjourn  sine  die  on 
Wednesday  the  eighth  instant,  at  12  o'clock,  m. 


JOUENAL   or   THE    CONVENTION   OF    1865  335 

Mr.  Harris  of  Hancock,  moved  to  amend  by  striking 
out  the  words  '*on  Wednesday  the  eighth  instant  at  12 
o'clock,  m.,"  and  inserting  in  lieu  thereof  the  words  ''at 
10  o'clock,  p.  m.,  to-day," 

Mr.  Weaver  moved  the  previous  question,  which  be- 
ing sustained,  the  main  question  was  put  and  the  reso- 
lution was  adopted. 

The  Convention  proceeded  to  the  consideration  of  the 
unfinished  business  of  yesterday,  which  was  the  substi- 
tute offered  by  Mr.  Cohen. 

Mr.  Harvey  moved  to  amend  by  striking  out  the 
words  "General  Assembly  of  1867,"  and  inserting  in 
lieu  thereof  the  words  "the  next  General  Asembly." 
Lost. 

Mr.  Parrott  moved  the  previous  question,  and  the  mo- 
tion being  sustained,  the  main  question  was  put  and  the 
vote  taken  on  the  adoption  of  the  ordinance  introduced 
by  Mr.  Chappell  as  amended. 

Upon  which  M'r.  Candler  required  the  yeas  and  nays 
to  be  recorded. 

They  were  as  follows :     Yeas  135 ;  nays  117. 
Those  voting  in  the  affirmative  were  Messrs. 


Adams  of  Elbert, 

Baxter, 

Allen, 

Bell  of  Forsyth, 

Alexander  of  Pike, 

Bethune, 

Alexander  of  Thomas, 

Black  of  Walker. 

Ashley, 

Bower, 

Bowers, 

Barlow, 

Bowen, 

Brassell, 

Boyd, 

336 


Confederate   Records 


Brady, 

Brantley, 

Brewton  of  Bulloch, 

Brightwell, 

Bush, 

Cameron, 

Chappell, 

Clark, 

Cochran  of  Wilkinson, 

Colley, 

Crawford  of  Decatur, 

Cutts, 

Cureton, 

Dickey, 

Dixon, 

Dorminy, 

Dorsey, 

Douglass, 

Driver, 

Ellington  of  Gilmer, 

England, 

Edwards, 

Eraser, 

Grant, 

Giles, 

Goode  of  Pickens, 

Graham, 

Henry, 

Herring, 

Hill  of  Morgan, 

Hopkins, 

Hudson  of  Schley, 

Hudson  of  Wilkinson, 

Highsmith, 

Howard  of  Towns, 

Hopps, 


Huie  of  Clayton, 

Harlan, 

Hood, 

Johnson  of  Campbell, 
Johnson  of  Heard, 
Johnson  of  Spalding, 
Jordan, 

Kelley, 
Kirkland, 
King  of  Rabun, 
Kimbro, 
Knight, 

Lassetter, 
Lewis   of  Dooly, 
Logan  of  Dawson, 
Luffman, 

Monroe, 

Morel, 

Morris, 

Mjarler, 

Martin  of  Carroll, 

Martin  of  Habersham, 

Matthews  of  Upson, 

Mattox, 

McCutchen, 

McGregor, 

Mclntyre, 

McRae  of  Montgomery, 

Merrill, 

Neal, 

Newsom, 

Nichols, 

Pafford, 
Parrott, 
Parks, 
Paulk, 


Journal  of  the  Convention  of 


1865 


337 


Penland, 

Quillian, 

Eawls, 
Bedding, 
Kicliardson, 
Riley  of  Taylor, 
Riley  of  Lumpkin, 
Roberts  of  Dooly, 
Roberts  of  Echols, 
Robinson  of  Laurens, 
Rogers  of  Gordon, 
Rogers  of  Milton, 
Rouse, 
Rumph, 

Saft'old, 
Scruggs, 
Scott, 
Seward, 

Sharman, 

Singleton, 

Skelton, 

Smitli  of  Bryan, 

Smith  of  Coweta, 

Strickland, 

Those  voting  in  the 

Adair, 

Anderson  of  Chatham, 
Anderson  of  Cobb, 
Arnold  of  Henry, 
Arnold  of  Walton, 
Atkinson  of  Troup, 
Atkinson  of  Camden, 

Bacon, 

Barksdale, 

Barnett, 


Taliaferro, 

Thompson  of  Jackson, 

Thompson  of  Gordon, 

Tucker, 

Turk, 

Turnipseed, 

Walker  of  Carroll, 

Warren  of  Pulaski, 

Warren  of  Houston, 

Watkins, 

Warner, 

Ware, 

W'atson, 

Weaver,  ' 

Whelchel, 

Winn, 

Williams  of  Bryan, 

Williams  of  Harris, 

Williams  of  Ware, 

Wikle, 

Womack, 

Wooten  of  Terrell, 

Wright  of  Emanuel 

Young. 


negative  were:  Messrs. 

Bell  of  Webster, 

Blance, 

Blount, 

Brewer, 

Burts, 

Cabaniss, 

Callaway, 

Candler, 

Chandler, 

Cochran  of  Terrell, 


338 


Confederate    Records 


Cohen, 
Cole, 
Cook, 
Covington, 

Dart, 

Davis  of  Floyd, 

Davis  of  Jackson, 

DeGraft'enried, 

Dowda, 

Dubose, 

Dnpree, 

Freeman, 

Felton, 

Floyd, 

Gillis, 

Gibson, 

Gunnels, 

Goode  of  Houston, 

Glover, 

Home, 

Hill  of  Troup, 

Holt  of  Bibb, 

Humber, 

Hudson  of  Brooks, 

Holmes, 

Harris  of  Clark, 

Harris  of  Hancock, 

Harris  of  Worth, 

Hook, 

Hammond, 

Howard  of  Bartow, 

Hand, 

Hansell, 

Harvey, 

Hail, 


Jenkins, 

Johnson  of  Clark, 
Jones  of  Columbia, 
Jones,  M.  D.,  of  Burke, 
Jones,  R.  T.,  of  Burke, 

Kirksey, 

Kenan, 

King  of  Greene, 

King  of  Richmond, 

Lamar, 
Lawson, 
Lawrence, 
Lewis  of  Greene, 
Logan  of  White, 
Logan  of  Bibb, 
Lovett, 
Lloyd, 

Mdddleton, 

Moore  of  Floyd, 

Moore  of  Webster, 

Morgan, 

Murphry, 

Mallard, 

Manning, 

Matthews  of  Oglethorpe, 

Matthews  of  Washingtor 

McDaniel, 

McDuffie  of  Marion, 

McLeod, 

Nash, 

Patton, 
Pendleton, 
Perry, 
Puckett, 


Irwin, 


Reese, 


Journal  of  the  Convention  of  1865  339 

■r»       ^i/io  Thomas, 

?Xv  of  Troup  Turner  of  Campbell, 

XTts°of  wZ'en,  Turner  of  Quitman, 

Kobinson  of  Early,  Underwood, 

Sale,  Whitaker, 

Sharpe,  Williams  of  Baker, 

Shockley,  Willingliam, 

Simmons  of  Gwinnett,  Wimberly, 

Simmons  of  Crawford,  Wootten*  of  DeKalb, 

Solomon,  Wright  of  Coweta, 

Sorrels,  Wright  of  Dougherty, 

^^''p!^*'''''  Zachery 

Stephens,  Z-acnery, 

Stewart, 

So  the  ordinance  as  amended  was  adopted. 

On  motion  of  Mr.  Solomon  the  Convention  took  a 
recess  until  3:30  o'clock,  P.  M. 

3:30  O'clock,  P.  M. 

The  Convention  re-assembled. 
Mr  Mallard  introduced  the  following  resolution: 
Resolved,  That  His  Excellency  the  Governor  be,  and 
he  is  hereby,  authorized  and  requested  to  draw  his  war- 
rant on  the  Treasurer  in  favor  of  the  Rev.  W.  Flmn  for 
the  sum  of  fifty  dollars  for  his  services  rendered  as 
Chaplain  of  the  Convention.    Agreed  to. 

Mr.  Dupree  of  Twiggs,  offered  the  following  resolu- 
tion : 

Resolvea,  That  the  Secretary  of  this  Convention  be 

allowed  the  sum  of dollars  for  makmg  out  and 

arrangiug  the  index  for  the  journal  and  bringing  up  the 


340  CONFEDEEATE     EeCORDS 

"unfinished  business  of  the  Convention,  and  correcting 
a  proof-sheet  of  the  same,  and  forwarding  to  each  dele- 
gate to  this  Convention  and  to  each  Ordinary  and  each 
clerk  of  Superior  and  Inferior  courts  of  each  county 
of  said  State,  a  copy  of  said  journal. 

Mr.  Hill  of  Morgan,  moved  to  fill  the  blank  by  insert- 
ing the  words  "two  hundred  dollars."    Agreed  to. 

The  resolution  as  amended  was  adopted. 

Messrs.  Cochran  of  Wilkinson,  and  Hudson  of  Wil- 
kinson, asked  and  obtained  leave  to  record  their  votes 
in  the  affirmative  on  the  passage  of  Mr.  Chappell's  or- 
dinance. 

Messrs.  Tison,  Home,  Mallard,  Parker  of  Jolmson, 
and  Simmons  of  Gwinnett,  were  granted  leave  of  ab- 
sence for  the  balance  of  the  session, 

Mr.  Holt  of  Bibb,  introduced  the  following  resolu- 
tion : 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  Chair,  whose  duty  it  shall  be  to  memorialize  His 
Excellency  Andrew  Johnson,  President  of  the  United 
States,  invoking  the  executive  clemency  in  behalf  of 
those  of  oilr  fellow  citizens  belonging  to  the  classes  ex- 
cepted from  the  benefits  of  the  late  Amnesty  Proclama- 
tion, and  who  may  be  as  yet  unpardoned. 

Which  was  taken  up  and  adopted. 

The  following  committee  was  appointed  under  the 
above  resolution: 

Messrs.  Holt  of  Bibb,  Black  of  Screven,  Candler, 
of  DeKalb,  Whitaker  of  Fulton,  and  Goode  of  Houston. 


JOTJBNAL  OF  THE  CONVENTION   OF   1865  341 

Mr  Hill  of  Morgan,  called  «p  the  ordinance  intro- 
duced by  himself  and  amended  the  same  by  striking  out 
in  the  second  section  the  words  "during  said  war  and 
inserting  in  lieu  thereof  the  words  "between  1st  June 
1861  and  1st  June  1865,"  and  in  the  third  paragraph  by 
striking  out  the  words  "since  the  19th  day  of  January 
1861,"  and  inserting  in  lieu  thereof  the  words  "between 
the  1st  day  of  June  1861  and  the  1st  day  of  June  1865. 

Mr  Warner  moved  to  amend  by  adding  at  the  end 
of  second  section  the  following  words:  ProviM.  that 
contracts  executed  within  the  time  specified,  and  which 
were  simply  in  renewal  of  original  contracts  inade  be- 
fore the  said  iirst  day  of  June  shall  stand  upon  the  foot- 
ing of  contracts  executed  before  hostilities  commenced. 

The  amendment  was  agreed  to. 
The  ordinance  as  amended  was  adopted, 
Mr    Parrott  moved  that  the  President  transmit  by 
mail  to  the  President  of  the  United  States  the  memorial 
and  resolution  respecting  the  pardon    of    Commodore 
Tattnall. 

Agreed  to. 

Mr.  Jenkins  moved  to  take  np  the  resolutions  re- 
ported by  the  committee  of  sixteen,  tendering  thanks  of 
the  Convention  to  His  Excellency  the  Provisional  Gov- 
ernor,  &c. 

The  resolutions  were  taken  up,  read  and  agreed  to. 
Mr  Jenkins  moved  to  take  up  the  report  of  the  com- 
mittee of  sixteen,  addressing  the  President  of  the  United 
States. 


342  Confederate    Records 

Mr.  Hill  of  Morgan,  moved  to  recommit  the  report 
with  instructions  to  include  the  fact  of  repudiating  the 
war  debt  among  the  subjects  specially  referred  to  in 
the  report. 

Mr.  Seward  moved  the  previous  question,  which  be- 
ing sustained,  the  main  question  was  put  and  the  report 
of  the  committee  was  adopted. 

Mr.  Jenkins  introduced  the  following  preamble  and 
resolutions  which  were  taken  up,  read  and  adopted: 

Whereas,  under  the  acts  of  the  Congress  of  the 
United  States,  and  the  instructions  of  the  Treasury  de- 
partment, the  assessors  for  the  State  of  Georgia  are 
about  to  assess  a  tax  upon  real  estate,  upon  the  valua- 
tion of  1860,  and  whereas  the  value  of  that  description 
of  property  now  upon  the  assessment  is  about  to  be 
made,  is  much  below  that  of  the  year  I860,  and  will  op- 
erate injuriously  upon  the  agricultural  interests  of  the 
State,  now  greatly  depressed:     Therefore, 

Resolved  1st.  That  a  committee  of  five,  including 
the  President  of  the  Convention  as  Chairman,  be  ap- 
pointed by  the  President,  whose  duty  it  shall  be  to  me- 
moralize  the  Hon.  Hugh  McCulloch,  Secretary  of  the 
Treasury,  requesting  a  suspension  .of  the  assessment 
until  the  meeting  of  the  Congress  of  the  United  States, 
and  that  if  compatible  with  his  sense  of  justice  he  rec- 
ommend such  a  modification  of  the  internal  revenue  laws 
as  will  allow  the  assessment  for  the  tax  of  1864  to  be 
made  upon  the  present  value  of  real  estate. 

2d.  That  said  committee  place  the  memorial  when 
prepared,  in  the  hands  of  the  Provisional  Governor,  with 
the  request  that  he  forward  it  to  the  Secretary  of  the 


Journal,  of  the  Convention  of  1865  343 

Treasury,  and  give  it  the  influence  of  his  recommenda- 
tion, if  it  comport  with  his  sense  of  propriety. 

Mr,  Thomas,  of  Coweta,  moved  to  suspend  the  rules 
in  order  to  introduce  a  resolution.  His  motion  prevailed 
and  he  introduced  the  following  preamble  and  resolu- 
tions : 

Whereas,  the  people  of  Georgia  have  been  required 
by  the  General  Government  to  prohibit  slavery  in  their 
Constitution  before  the  State  would  be  permitted  to  re- 
sume its  former  position  and  again  enjoy  its  civil  rights 
in  the  Union,  we  deem  it  proper  to  make  the  following 
statement  of  facts  and  to  pass  the  following  resolutions : 

We  regard  the  institution  of  slavery  as  consistent 
with  the  dictates  of  humanity  and  the  strictest  princi- 
ples of  morality  and  religion,  and  in  our  judgment  the 
negro  race  under  our  system  of  slavery  has  attained  to 
a  higher  condition  of  civilization,  morality,  usefulness 
and  happiness  than  it  has  under  any  other  circumstances 
or  in  any  other  portion  of  the  globe,  and  we  are  con- 
vinced that  the  destruction  of  slavery  at  the  South, 
while  it  is  a  great  injury  to  the  white  race,  will  prove 
to  be  a  great  curse  to  the  black  race ;  yet  slavery  having 
been  destroyed  by  the  action  of  the  general  Government 
of  the  United  States,  there  are  only  two  alternatives  pre- 
sented to  the  people  of  Georgia,  to- wit :  a  recognition  of 
that  fact  in  the  Constitution  of  the  State,  and  a  compli- 
ance on  our  part  with  the  requirement  of  the  Federal 
Government  in  demanding  a  formal  prohibition  of  slav- 
ery in  our  Constitution ;  or  perpetual  military  rule,  with 
its  consequent  evils  and  burthens  and  perhaps  total  loss 
of  our  civil  and  constitutional  rights. 


344  Confederate    Records 

Yielding  therefore  to  tlie  overruling  necessities  of 
our  condition,  and  acting  under  the  constraints  which 
that  condition  imposes:     It  is 

Resohwd,  That  this  Convention  accepts  in  good  faith 
the  former  alternative  as  one  of  the  unavoidable  results 
of  the  overthrow  of  the  late  revolution,  and  do  hereby 
consent  that  it  shall  be  incorporated  in  our  Constitu- 
tion that  neither  slavery  nor  involuntary  servitude  shall 
hereafter  exist  in  this  State,  except  for  the  commission 
of  crime. 

On  motion  of  Mr.  Luffman  the  preamble  and  reso- 
lutions were  laid  on  the  table  for  the  balance  of  the  ses- 
sion. 

The  following  message  was  received  from  His  Ex- 
cellency James  Johnson,  Provisional  Governor  of  the 
State  of  Georgia,  by  L.  H.  Briscoe,  his  Secretary,  to-wit: 

Mr.  President:  I  am  directed  by  the  Governor  to 
deliver  to  the  Convention  a  communication  in  writing. 

(See  page  97.) 

The  Convention  on  motion  adjourned  until  9:30 
o'clock  tomorrow  morning. 


WEDNESDAY,  NOVEMBER  8th,  1865, 

9:30  O'CLOCK,  A.  M. 

The  Convention  met  pursuant  to  adjournment,  and 
after  prayer  by  the  Rev.  Mr.  Flinn,  the  journal  of  yes- 
terday was  read. 


Journal  of  the  Convention  of  1865  345 

Mr.  Lloyd  gave  notice  of  Ms  purpose  to  move  a  re- 
consideration of  so  much  of  the  journal  as  relates  to 
the  vote  taken  on  the  report  of  the  committee  of  sixteen, 
entitled  "an  ordinance  for  the  relief  of  the  banks  of  this 
State  and  the  officers  of  said  banks." 

Mt.  Wikle  gave  notice  of  his  purpose  to  move  a  re- 
consideration of  so  much  of  the  journal  as  relates  to  the 
resolution  of  Mr.  Johnson  of  Campbell,  respecting  the 
adjournment  of  the  Convention. 

Mr.  Mclntyre  rose  to  a  question  of  privilege  and 
asked  that  inasmuch  as  the  call  for  the  previous  question 
upon  the  adoption  of  the  ordinance  of  Mr.  Chappell  to 
ignore  the  public  debt  created  for  war  purposes  had 
cut  otf  all  further  discussion,  and  had  prevented  him  and 
his  colleague,  Mr.  J,  R.  Alexander,  from  giving  the  rea- 
sons which  induced  them  to  vote  in  favor  of  said  ordi- 
nance, they  might  be  allowed  to  have  spread  upon  the 
journal  the  reasons  which  induced  their  votes. 

The  privilege  was  granted  and  their  reasons  are  as 
follows : 

"The  undersigned  delegates  from  the  county  of 
Thomas,  beg  leave  to  have  entered  on  the  journals  of 
the  Convention  some  of  the  reasons  which  induced  them 
to  vote  for  the  ordinance  of  Mr.  Chappell  of  Mfuscogee, 
as  amended,  to  ignore  the  public  debt  created  for  war 
purposes. 

1.  Because  the  official  information  received  from 
Washington  "that  the  President  of  the  United  States  can 
not  recognize  the  people  of  any  State  as  having  resumed 
the  relations  of  loyalty  to  the  Union  that  admits  as 
legal  obligations  contracts  or  debts  created  by  them  to 


346  Confederate    Records 

promote  the  war  of  the  rebellion,"  and  they  are  unwill- 
ing to  place  the  State,  their  constituents  or  themselves 
in  a  position  of  antagonism  to  the  United  States  or  its 
authorities, 

2.  Because  they  (in  common  with  all  others  who 
have  taken  the  amnesty  oath)  have  not  only  sworn  to 
support  the  Constitution  of  the  United  States,  but  the 
Union  of  the  States  thereunder,  and  they  feared  that 
they  might  violate  that  oath  by  voting  against  the  ordi- 
nance. 

3.  Because  they  were  unwilling  to  postpone  the 
State  by  any  action  of  theirs  to  an  early  restoration  to 
her  former  position  in  the  Union,  and  as  they  voted  for 
the  emancipation  clause  in  the  Constitution,  so  they 
voted  for  this  ordinance. 

4.  That  while  their  feelings  are  utterly  opposed  to 
the  abstract  proposition  of  repudiation  and  were  willing 
to  pay  an  equitable  and  just  proportion  of  the  honest 
part  of  this  debt,  to  preserve  the  honor  of  the  State,  yet 
for  the  reasons  aforesaid,  together  with  others  which 
might  be  named,  and  in  deference  to  the  expressed  wishes 
of  the  authorities  at  Washington,  they  forego  their  pri- 
vate wishes  and  feelings. 

A.  T.  McIntyre, 
J.  R.  Alexander, 
Delegates  from  Thomas  county. 

Mr.  Lloyd  moved  to  reconsider  so  much  of  the  jour- 
nal of  yesterday  as  relates  to  the  vote  on  the  ordinance 


Journal  of  the  Convention  of  1865  347 

reported  by  tie  committee  of  sixteen  for  the  relief  of 
banks,  etc. 

The  motion  did  not  prevail.  ' 

Mr.  Wikle  moved  to  reconsider  so  much  of  the  journal 
as  relates  to  the  vote  on  the  resolution  'Ho  adjourn  sine 
die  at  12  o'clock  m.  on  Wednesday  the  8th  instant." 

The  motion  to  reconsider  prevailed;  when  Mr.  Wikle 
offered  the  following  as  a  substitute  for  the  resolution 
of  Mr.  Johnson,  of  Campbell : 

Whereas  a  contingency  may  arise  which  will  make  it 
necessary  for  the  re-assembling  of  this  Convention,  and 
to  prevent  the  agitation  and  excitement  that  might  ensue 
from  another  election.     Be  it  therefore 

Resolved,  That  when  this  Convention  adjourns  today 
at  12  o'clock  m.,  it  stand  adjourned  subject  to  the  call  of 
the  President  of  the  same  should  a  contingency  arise  in 
regard  to  our  Federal  relations  or  other  cause  which  in 
his  judgment  will  make  it  necessary  for  the  Convention 
to  be  again  convened,  'provided,  said  call  be  made  within 
six  months ;  if  not  made  within  that  time,  then  this  Con- 
vention to  stand  adjourned  sine  die. 

2.  Resolved,  That  in  the  event  of  the  removal,  death 
or  resignation  or  inability  of  the  President  of  this  Con- 
vention, then  the  same  authority  vested  in  him,  by  the 
foregoing  resolution,  be,  and  the  same  is  hereby,  vested 
in  the  Governor  or  officer  acting  as  Governor  of  the 
State. 

Mr.  Hill,  of  Morgan,  moved  the  following  amendment 
to  the  substitute:  Provided  further,  That  in  the  event 
of  the  death,  resignation  or  other  disability  of  any  mem- 


348  Confederate    Records 

ber  of  this  Convention,  the  vacancy  shall  be  filled  by  elec- 
tion under  proclamation  of  the  Governor.     Agreed  to. 

Mr,  Harris  of  Worth,  moved  to  amend  further,  the 
second  section  of  the  substitute  by  striking  out  all  after 
the  word  ''Governor"  and  inserting  in  lieu  thereof  the 
words  "Vice-President  of  this  Convention,"  whom  he 
moved  should  now  be  chosen  by  acclamation.     Lost. 

The  substitute  as  amended  was  adopted. 

Mir.  Kenan  introduced  the  following  resolution: 

Resolved,  That  His  Excellency,  the  Provisional  Gov- 
ernor, be  authorized  and  requested  to  draw  his  warrant 
upon  any  funds  in  the  Treasury,  or  which  may  come  into 
the  Treasury,  for  the  payment  of  Mr.  Orme  and  Son,  for 
the  printing  of  this  Convention.     Agreed  to. 

Mr.  Holt  of  Bibb,  chairman  of  committee  of  five,  made 
the  following  report: 

The  committee  of  five  who  were  appointed  to  memo- 
rialize the  President  of  the  United  States  in  behalf  of 
citizens  not  yet  pardoned,  make  the  following 


REPORT: 

His  Excellency,  Andrew  Johnson, 

President  of  the  United  States : 

The  people  of  Georgia,  through  her  delegates  in  Con- 
vention assembled,  respectfully  and  earnestly  invoke  the 
exercise  of  the  executive  clemency  in  behalf  of  those  of 


Journal,  of  the  CoNVENTioisr  of  1865  349 

our  fellow-citizens  embraced  within  the  exceptions  of  the 
late  amnesty  proclamation  who  may  be  as  yet  unpar- 
doned. 

Including  as  the  vast  roll  of  her  disfranchised  citi- 
zens does,  many  of  her  finest  intellects  and  purest  pat- 
riots, and  involving  much  of  her  available  wealth,  the 
Convention  of  our  State  respectfully  recommend  those 
men  to  your  magnanimous  clemency  as  our  needed  coad- 
jutors in  the  mighty  task  of  reorganization,  and  as 
worthy  subjects  of  your  most  generous  kindness. 

The  Convention  pledges  their  future  fidelity  to  the 
Government  of  the  United  States.  The  very  tenacity  of 
their  devotion  to  the  South  in  the  late  struggle,  the  very 
heroism  and  magnitude  of  their  efforts  in  an  unsuccess- 
ful cause,  and  the  very  chivalry  of  their  characters  as 
evinced  in  the  trying  vicissitudes  of  a  gigantic  war,  will 
be  your  last  guarantee  of  the  virtue  of  their  resignation 
to  the  result,  and  of  the  security  of  their  allegiance  to 
a  Government  which  disarms  them  by  its  magnanimity, 
enchains  their  gratitude  by  its  kindness,  and  punishes 
them  only  with  its  clement  pardon. 

Believe  us,  Sir,  there  is  no  looking  back,  the  State  of 
Georgia  is  prepared  to  do  her  whole  duty  in  and  to  the 
Government,  and  she  now  asks  for  the  restitution  to  her 
control,  and  use  of  her  entire  citizens,  for  whose  integ- 
rity and  loyalty  she  gives  you  her  most  solemn  pledge, 
in  order  that  they  may  assist  her  to  work  out  from  her 
travail  and  desolation  the  high  destiny  she  still  trusts  is 
in  store  for  her  and  them,  under  a  Government  that  has 
just  emerged  unharmed  from  the  most  desperate  con- 
vulsion of  the  world's  history,  and  whose  tremendous 


350  Confederate   Records 

power  will  be  infinitely  strengthened  by  its  immeasur- 
able benignity. 

T.  G.  Holt,  Je. 
Milton  A.  Candler. 
C.  T.  Goode, 
J.  J.  Whitaker, 
G.  R.  Black, 

Committee. 
Which  report  was  read  and  adopted. 

Mr.  Goode  of  Houston,  moved  that  the  President  of 
the  convention  forward  the  memorial  to  the  President  of 
the  United  States  by  mail.     Agreed  to. 

Mr.  Wlhitaker  of  Fuilton,  introduced  the  following 
resolution : 

Resolved,  That  a  Committee  of  three  be  appointed  to 
notify  His  Excellency,  the  Governor,  that  this  conven- 
tion has  agreed  to  adjourn  this  day  at  12  o'clock,  meri- 
dian, and  to  enquire  if  in  the  meantime  he  has  any  fur- 
ther communication  to  make.     Agreed  to. 

The  President  appointed  as  that  committee: 

Messrs.  Wliitaker  of  Fulton, 
Hill  of  Morgan  and 
Chappell  of  Muscogee. 

The  following  committee  was  announced  under  the 
resolution  of  Mr.  Jenkins,  to  memorialize  the  Treasurer 
of  the  United  States: 

Mr.  President, 
Mr.  Jenkins  of  Richmond, 
Mr.  Floyd  of  Newton, 
Mr.  Warner  of  Meriwether, 
^  Mr.  Warren  of  Houston. 


Journal  of  the  Convention  of  1865  351 

Mr.  Hansell  introduced  the  following  resolution: 

Resolved,  That  the  thanks  of  this  convention  are  due 
and  are  hereby  tendered  to  the  President  of  this  conven- 
tion, the  Honorable  H.  V.  Johnson,  for  the  ability,  im- 
partiality and  courtesy  that  have  characterized  his  ad- 
ministration as  our  presiding  officer.     Adopted. 

Mr.  Hansell  introduced  the  following  resolution: 

Resolved,  That  the  thanks  of  this  convention  are  ten- 
dered to  the  Secretary  and  his  assistants  for  the  faithful 
discharge  of  their  duties  and  their  polite  and  gentle- 
manly bearing  in  their  intercourse  with  this  body. 
Adopted. 

Mr.  Harris  of  Clark,  introduced  the  following  reso- 
lution : 

Resolved,  That  the  thanks  of  this  convention  be  and 
they  are  hereby  tendered  to  the  Committee  of  Sixteen 
appointed  to  prepare  and  report  business  for  this  con- 
vention for  the  diligence,  ability  and  untiring  zeal  dis- 
played in  the  very  laborious  and  satisfactory  discharge 
of  the  duties  devolved  upon  them.     Adopted. 

The  next  business  in  order  was  the  resolution  of  Mr. 
Boyd,  requesting  our  Representatives  and  Senators  in 
Congress  to  urge  upon  the  Federal  authorities  the  im- 
portance of  early  resuming  the  coining  of  gold  at  the 
mint  at  Dahlonega. 

It  was  read  and  adopted. 

Mr.  Mallard's  resolution  respecting  economy  in  the 
administration  of  public  affairs,  and  recommending  the 
same  to  the  consideration  of  the  General  Assembly,  was 
read  and  adopted. 


352  Confederate    Records 

The  resolution  introduced  by  Mr.  Rawls,  for  the  ''re- 
lief of  taxpayers  of  the  State  of  Gi^eorgia,"  was  read  and 
adopted. 

The  resolution  of  Mr.  Mallard,  respecting  the  per 
diem  compensation  of  members  absent  from  the  conven- 
tion for  reasons  other  than  personal  sickness  or  sickness 
in  the  family,  was  indefinitely  postponed. 

The  resolution  of  Mr.  Wright  of  Coweta,  to  "appoint 
a  committee  to  ascertain  what  part  of  the  State  debt  was 
contracted  to  carry  on  the  war,  and  to  report  to  the  next 
session  of  the  Legislature,  etc.,  was  indefinitely  post- 
poned. 

The  resolution  of  Mr.  Cook  approving  of  the  course 
of  Ex-Governor,  Joseph  E.  Brown,  and  Provisional  Gov- 
ernor, Jas.  Johnson,  respecting  the  sale  of  cotton,  etc., 
was  indefinitely  postponed. 

The  resolution  of  Mr.  Matthews  of  Oglethorpe,  re- 
specting the  sale  of  the  Western  and  Atlantic  Railroad, 
was  indefinitely  postponed. 

The  resolution  of  Mr.  Ridley  of  Troup, .  respecting 
the  appointment  of  three  commissioners  to  examine  into 
the  finances,  etc.,  was  indefinitely  postponed. 

Mr.  Barnes'  preamble  and  resolutions  requesting  the 
President  to  proclaim  a  general  amnesty,  etc.,  were  in- 
definitely postponed. 

The  ordinance  of  Mr.  Martin  of  Habersham,  to  legal- 
ize and  make  valid  the  civil  and  criminal  laws  in  the  code 
of  Georgia,  was  indefinitely  postponed. 

The  ordinance  of  Mr.  Cohen,  providing  for  the  sale 


Journal  of  the  Convention  of  1865  353 

of  the  Western  and  Atlantic  Railroad,  was  indefinitely 
postponed. 

Mr.  Hansen  introduced  the  following  resolution: 

Whereas,  there  is  now  standing  to  the  credit  of  John 
Jones,  State  Treasurer,  in  the  Central  Railroad  and 
Banking  Company  of  Georgia,  an  amount  of  funds  used 
as  currency  in  1864, 

And  whereas,  The  agent  of  the  State  did  in  the  month 
of  November,  1864,  borrow  from  the  said  Central  Rail- 
road and  Banking  Company,  the  sum  of  one  hundred  and 
seventy-thousand  dollars  to  pay  for  cotton  purchased  in 
middle  Georgia,  and  for  which  drafts  were  drawn  by  the 
agent  of  the  State  road  upon  the  agent  of  the  State; 
therefore  be  it 

Resolved,  That  the  Treasurer  be  authorized  to  trans- 
fer the  account  in  the  Central  Railroad  Bank  so  as  to 
settle  the  two  amounts  amounting  to  one  hundred  and 
seventy  thousand  dollars. 

Mr.  Kenan  moved  to  refer  to  committee  recommended 
to  be  appointed  in  the  report  of  the  committee  whereof 
Mr.  Wikle  is  chairman.     Lost. 

The  resolution  was  disagreed  to. 

Mr.  Whitaker,  chairman  of  the  committee  of  three 
appointed  to  wait  upon  the  Provisional  Governor,  re- 
ported the  following  communication  from  His  Excellency. 

Gentlemen  of  the  Committee :  I  have  the  pleasure  to 
inform  you  that  I  have  nothing  further  to  communicate 
to  the  convention. 

Permit  me,  gentlemen  (through  you,  to  return  my 
thanks  to  the  convention  for  their  kindness  to  me,  dUd 


354  Confederate    Records 

for   the  manner   in  which  they  have  discharged   their 
duties  to  the  country. 

My  earnest  desire  is,  that  peace  and  good  will  may 
extend  throughout  our  borders. 

J.  Johnson, 

Governor. 

Mr.  Barnes,  chairman  of  Committee  on  Enrollment, 
made  the  following  report : 

Mr.  President:  Vhe  following  ordinances  and  reso- 
lutions are  duly  enrolled  and  ready  for  the  signature  of 
the  President  and  attestation  of  the  Secretary : 

A  resolution  to  provide  for  the  payment  of  ordinaries 
and  clerks  of  the  courts  of  this'  State  for  certain  services 
rendered  by  said  officers. 

An  ordinance  extending  the  time  of  election  of  mem- 
bers of  the  General  Assembly,  until  the  25th  instant,  in 
certain  counties. 

An  ordinance  to  provide  for  the  payment  of  the  offi- 
cers and  members  of  the  convention. 

Also  the  several  resolutions  reported  by  the  Commit- 
tee of  Sixteen. 

Also,  resolution  asking  the  executive  clemency  in  be- 
half of  citizens  not  yet  pardoned. 

Also,  resolution  to  raise  a  commission  of  five  consist- 
ing of  Messrs.  Starnes,  Stephens  and  others  to  provide 
a  code. 

Also,  a  memorial  to  the  Secretary  of  the  Treasury,  as 
to  assessment  of  taxes,  etc. 


Journal,  of  the  Convention  of  1865  355 

Also,  an  ordinance  to  make  valid  private  contracts 
entered  into  and  not  executed  during  the  war,  against 
the  United  States  and  to  authorize  the  courts  of  this 
State  to  adjust  the  equities  between  parties  to  contracts 
made  but  not  executed,  and  to  authorize  settlements  of 
such  contracts  by  persons  acting  in  a  fiduciary  character. 

Also,  resolution  authorizing  the  Governor  to  appoint 
three  commissioners  for  the  State  to  enquire  into  the 
finances  of  the  State,  etc. 

Also,  resolution  to  pay  Rev.  W.  Flinn,  fifty  dollars 
for  his  services  as  chaplain  of  this  convention. 

Also,  an  ordinance  to  authorize  the  Provisional  Grov- 
ernor  or  his  successor  to  borrow  a  sum  of  money  for 
the  pressing  necessities  of  the  Western  and  Atlantic 
Railroad. 

Also,  resolution  to  allow  the  Secretary  of  this  con- 
vention the  sum  of  two  hundred  dollars  for  certain  labor 
therein  specified. 

Also,  resolution  of  thanks  to  the  Governor,  and  au- 
thorizing him  to  pay  for  printing,  etc. 

Also,  an  address  to  the  President  of  the  United 
States. 

Also,  an  ordinance  to  render  null  and  void  all  debts 
of  this  State  created  for  the  purpose  of  carrying  on  the 
late  war  against  the  United  States. 

Also,  resolution  to  authorize  the  Provisional  Gover- 
nor to  draw  his  warrant  for  the  payment  of  Mr.  Orme 
and  Son,  for  the  printing  of  this  convention. 

Mr.  Barnes,  chairman  of  Committee  on  Enrollment, 
made  the  following  report: 


35C  Confederate    Records 

Mr.  President:  I  have  the  honor  to  report  the  fol- 
lowing resolutions  enrolled  and  ready  for  the  signature 
of  the  President  and  attestation  of  the  Secretary: 

Resolution  of  thanks  to  the  President  of  this  conven- 
tion, the  Hon.  H.  V.  Johnson. 

Also,  resolution  of  thanks  to  the  Secretary  and  his 
assistants. 

Also,  an  address  to  the  President  of  the  United 
States,  by  the  Committee  of  Five,  appointed  in  pur- 
suance of  a  resolution  to  memorialize  His  Excellency, 
Andrew  Johnson,  President  of  the  United  States. 

Also,  resolution  of  thanks  to  the  Committee  of  Six- 
teen. 

Also,  resolution  respecting  economy  and  condemning 
the  multiplication  of  unnecessary  officers. 

Also,  resolution  to  notify  His  Excellency,  the  Gover- 
nor, that  this  convention  have  agreed  to  adjourn  at  12 
o'clock  meridian  this  day,  and  if  he  have  any  further  com- 
munication to  make. 

Also,  resolution  for  the  relief  of  the  tax  payers  of  the 
State  of  Georgia. 

Also,  resolution  authorizing  the  President  of  this 
convention  to  convene  the  same  under  certain  contingen- 
cies, etc. 

The  hour  of  adjournment  having  almost  arrived  and 
there  being  no  further  business  before  the  convention, 
the  President  arose  and  delivered  the  following  masterly 
address : 

Gentlemen  of  the  convention:  "The  hour  designated 
in  the  resolution  which  you  have  adopted,  for  the  ad- 


JOUKNAL  OF  THE   CONVENTION   OF   1865  357 

journment  of  this  body,  has  now  arrived.  The  labors 
which  we  have  been  convened  to  perform  have  been  com- 
pleted, and  we  are  now  about  to  separate  and  return  to 
our  respective  homes. 

You  have,  in  the  kindness  of  your  hearts,  tendered  to 
me  your  unanimous  thanks  for  the  manner  in  which  I 
have  discharged  the  duties  devolved  upon  me  as  your 
presiding  officer.  It  is  grateful  to  my  feelings,  gentle- 
men, to  have  received  this  evidence  of  your  approba- 
tion. 

When  I  assumed  the  duties  assigned  me,  I  promised 
you  that  I  would  do  the  very  best  I  could.  I  have  re- 
deemed that  pledge  with  fidelity.  My  shortcomings  are 
before  you,  and  for  these  I  ask  indulgence.  If  I  have 
erred,  it  has  been  unintentional,  and  I  know  I  have  erred, 
and  for  these  errors  I  ask  your  pardon.  If,  in  the  dis- 
charge of  my  duties,  I  have  been  so  unfortunate  as  to 
appear  unjust  or  harsh,  or  have  inflicted  the  slightest 
wound  upon  the  feelings  of  a  single  member  of  this  body, 
now,  in  this  parting  hour  and  in  this  presence,  I  humbly 
make  the  amende  honorable. 

We  have  had  confided  to  us  grave  and  responsible 
trusts.  We  have  been  acting  not  for  ourselves,  but  for 
those  who  are  to  come  after  us.  Many  of  us  will  scarcely 
live  to  see  the  fruits  of  our  labors.  Some  here  are  in 
the  prime  and  vigor  of  life— they  will  live  to  know 
whether  we  have  acted  wisely  or  unwisely.  Others  of 
us  are  already  upon  the  verge  of  that  other  land  whither 
all  are  tending,  and  in  which  all  will  render  an  account 
for  the  manner  in  which  they  have  performed  their  duties, 
but  our  children  will  live  to  know  whether  their  fathers 
have  been  wise  in  caring  for  their  interests,  and  in  plac- 


358  Confederate    Recoeds 

ing  our  civil  and  political  institutions  upon  such  a  basis 
as  to  render  them  permanent  and  benign. 

We  have  performed  the  labors  assigned  us  under  very 
unusual  circumstances,  and  in  the  midst  of  an  extraor- 
dinary and  perilous  crisis.  We  have  passed  through  a 
bloody  struggle  with  those  with  whom  we  have  been  pre- 
viously associated  as  fellow-citizens,  as  members  of  the 
same  great  republic,  as  descendants  of  the  same  glorious 
ancestry,  speaking  the  same  language,  worshipping  the 
same  God,  and  believing  in  the  same  revelation.  How 
sad  the  event,  that  a  bloody  strife  should  have  existed 
among  a  people  so  situated,  and  looking  back  to  the  same 
scenes  of  pride  and  glory  which  illuminate  our  past  his- 
tory !  How  sadder  still,  to  think,  that  at  the  end  of  such 
a  contest,  our  country — I  mean  that  portion  of  it  which 
we  call  the  South — is  prostrated,  all  its  enterprises  crip- 
pled, its  pursuits  disorganized,  its  labor  destroyed,  its 
agriculture  rendered  inefficient  and  unproductive,  all  our 
permanent  investments  in  the  way  of  stocks  and  bonds 
rendered  valueless — in  a  word,  coming  out  of  such  a 
struggle  with  the  conviction  which  we  must  realize,  in 
reference  to  ourselves,  that  we  are  indeed  a  poor  people, 
thrown  at  a  single  leap  from  the  highest  pinnacle  of 
prosperity  down  to  the  most  abject  humiliating  circum- 
stances of  poverty  and  political  impotency. 

These  are  circumstances,  gentlemen,  under  which  we 
have  been  discharging  the  duties  assigned  to  us  by  our 
constituents.  I  refer  to  them,  not  for  the  purpose  of 
reviving  in  the  breast  of  any  one  bitter  remembrances 
of  the  past,  nor  yet,  for  the  purpose  of  producing  in 
your  hearts,  or  in  the  minds  of  my  countrymen  anywhere, 
an  unmanly  whining  and  whimpering  over  our  situation. 
I  feel  it  was  the  necessary  result  of  superiority  of  num- 


Journal  of  the  Convention  of  1865  359 

bers  and  resources.     But,  thank  God!  our  manhood  re- 
mains.    (Applause.) 

I  submit  those  facts  for  another  purpose.  It  is  to 
remind  ourselves  that,  whilst  we  have  thus  been  crip- 
pled in  our  resources,  paralyzed  in  our  energies,  and 
shrouded  in  mourning  and  sorrow,  it  is  the  duty  of  each 
of  us,  with  courageous  manhood,  to  look  the  future  in 
the  face,  and  to  hope  on  and  hope  ever.  Something  is 
left.  A  kind  Providence  has  cast  our  lot  in  the  midst  of 
a  land  unparalleled  in  the  richness  of  its  soil  and  re- 
sources, and  unsurpassed  in  the  material  elements  nec- 
0ps'ary  for  a  great,  pro^erous,  powerful  and  happy 
State. 

So  far  as  the  development  of  resources  is  concerned, 
Georgia  is  yet  in  her  infancy.  Inexhaustible  mineral 
wealth  sleeps  in  the  bosom  of  her  gigantic  mountains; 
and  with  the  application  of  enterprise,  these  rich  mate- 
rials will  be  exhumed,  and  under  the  skill  of  science  and 
of  art,  united  with  industry  and  energy  they  will  be  com- 
pelled to  contribute  to  the  elevation  of  our  people,  to 
their  enhancement  in  prosperity,  and  to  their  growth  in 
power. 

It  is  true  our  labor  system  has  been  entirely  de- 
ranged, disorganized,  almost  destroyed;  and  we  are  now 
to  enter  upon  the  experiment,  whether  or  not  the  means 
of  labor  which  are  left  to  us,  the  class  of  people  to  which 
we  are  to  look  in  the  future  as  our  laboring  class,  can  be 
organized  into  efficient  and  trustworthy  laborers.  That 
may  be  done,  or  I  hope  it  may  be  done  if  left  to  our- 
selves. If  I  could  have  the  ear  of  the  entire  people  of 
the  United  States,  and  if  I  might  be  permitted,  humble 
though  I  be,  to  utter  an  admonition,  not  by  way  of  threat. 


360  Confederate    Records 

but  for  the  purpose  of  animating  tliem  to  the  pursuit  of 
a  policy  which  would  be  wise,  and  salutary,  and  frater- 
nal, and  best  for  the  country,  I  would  implore  them  that, 
so  far  as  providing  for  this  branch  of  our  population  is 
concerned,  and  their  organization  into  a  class  of  efficient 
and  trustworthy  laborers,  the  Federal  government  should 
just  simply  let  us  alone.  We  understand  the  character 
of  that  class  of  people,  their  capacities,  their  instincts, 
and  the  motives  which  control  their  conduct.  If  we  can 
not  succeed  in  making  them  trustworthy  and  efficient  as 
laborers,  I  think  it  is  not  saying  too  much,  when  we  af- 
firm that  the  Federal  government  need  not  attempt  it. 
I  trust  they  will  not,  and  that  we  will  have  the  poor  priv- 
ilege of  being  let  alone,  in  the  future,  in  reference  to  this 
class  of  our  people. 

So  far  as  we  are  concerned,  and  so  far  as  the  rela- 
tionship we  sustain  to  them  are  concerned,  we  have 
duties  to  perform.  I  am  a  Georgian,  and  speak  to  Geor- 
gians, an  honorable,  conscientious,  high-minded  people, 
who  are  prepared  to  discharge  their  duties,  and  ready  to 
learn  their  duty  from  surrounding  circumstances.  I  beg 
to  suggest,  and  I  would  that  I  could  be  heard  by  every 
citizen  of  my  beloved  State,  that  of  all  things  it  is  most 
unwise  and  unjust  for  the  former  owners  of  slaves  to 
cultivate  towards  them  a  feeling  of  dislike  or  unkindness. 
Their  emancipation  has  not  been  brought  about  by  their 
act;  and  in  reference  to  the  scenes  through  which  we 
have  been  passing,  it  is  one  of  the  most  remarkable 
events  in  all  history,  that  such  a  people,  with  such  a 
temptation  to  insubordination  and  insurrection  as  was 
constantly  presented  to  them  during  all  the  period  of  the 
revolution,  and  most  especially  during  the  latter  portion 
of  it,  should  have  been  so  quiet,  so  circumspect,  so  well 


Journal  of  the  Convention  of  1865  361 

behaved,  so  subordinate.  All  over  our  State,  women  and 
children  have  been  left  alone  in  their  houses  of  abode 
without  one  single  solitary  male  protector :  the  husbands, 
the  sons  and  the  brothers  far  away  upon  the  tented  field 
— and  yet  our  women  and  children,  thus  unprotected, 
have  been  unmolested  by  the  colored  population,  and  per- 
mitted to  enjoy  safety  and  security,  and  as  much  of  the 
comforts  of  home  as  was  compatible  with  the  condition 
of  the  country. 

I  say,  therefore,  that  the  emancipation  of  the  negroes 
amongst  us  is  not  the  work  of  their  own  doing.  They  be- 
haved themselves  well  during  the  war,  and  the  shackles 
of  slavery  being  knocked  off,  it  is  not  strange  that  we 
should  see  listlessness,  idleness,  thriftlessness  exhibited 
by  them,  and  in  some  cases  even  insubordination  and  a 
spirit  of  mutiny — not  more,  however,  than  under  the  cir- 
cumstances, reasonable  men  might  have  expected. 

I  speak  this  for  a  two-fold  purpose;  first,  to  pay  a 
just  tribute  to  that  unfortunate  class  of  our  people,  and 
second,  to  remind  ourselves  of  the  spirit  which  ought  to 
animate  us  in  our  conduct  towards  them,  and  in  maintain- 
ing the  relationship  which  must  necessarily  exist  between 
us  in  the  future.  Our  conduct  should  be  kind,  magnani- 
mous, just.  The  result  of  this  will  be  the  production  of 
a  feeling  of  mutual  confidence  between  the  two  races. 

The  black  race  must  feel  that  the  white  man  is  not  his 
enemy — that  he  is  just  and  magnanimous,  and  that,  on 
the  other  hand  will  beget  conduct  on  the  part  of  the 
African  race,  so  far  as  they  are  now  capable  of  being 
operated  upon  by  such  influences,  a  feeling  of  trust,  con- 
fidence and  kindness,  and  a  willingness  to  respond  to  the 
duties  obligatory  upon  them,  and  thus  enable  both  to 


362  Confederate    Eecords 

move  along  harmoniously  in  the  prosecution  of  enter- 
prises, and  perhaps  successfully,  in  the  promotion  of 
mutual  interests. 

Now,  if  we  cultivate  this  feeling,  (and  any  other  feel- 
ing will  not  comport  with  our  duties  towards  them,)  and 
this  feeling  shall  be  embodied  in  a  wise  and  well  adjusted 
code  of  laws  for  their  government ;  a  code  of  laws  that  will 
give  embodiment  to  these  feelings  of  justice,  kindness  and 
humanity,  which  I  think  it  is  our  duty  to  cultivate  to- 
wards them,  we  may  indulge  a  hope  that  we  may  organize 
them  into  a  class  of  trustworthy  laborers.  We  can  not 
succeed  in  doing  this  unless  our  course  with  reference 
to  that  class  of  people  shall  be  regulated  by  these  high 
considerations.  We  may  succeed  if  we  are  so  animated. 
If  we  do  not,  the  experiment  will  only  prove  to  be  a  fail- 
ure ;  and  I  fear  it  will  be  a  failure.  But  let  us  make  the 
experiment  in  good  faith,  and  in  proportion  as  we  suc- 
ceed we  shall  be  remunerated  for  the  effort,  and  in  pro- 
portion as  we  shall  fail,  let  us  inaugurate  such  a  policy 
as  will  bring  into  our  midst  a  sturdy,  energetic  class  of 
laborers  from  other  nations,  so  that  our  country  shall 
not  be  a  howling  and  desolate  waste,  so  that  our  farms 
may  be  repaired,  our  fences  rebuilt,  and  our  homesteads 
made  comfortable,  and  all  over  our  State  we  may  again 
witness  evidences  of  prosperity  and  thrift. 

Grentlemen,  these  remarks  have  been  suggested  by 
the  occasion,  without  any  intention  of  making  a  set  speech, 
but  simply  as  the  utterance  of  my  mind,  prompted  by 
the  circumstances  of  the  moment. 

I  will  not  detain  you  longer.  The  resolution  which 
provides  for  the  adjournment  of  this  convention,  this 
day,  reserves  the  duty  upon  your  presiding  officer,  with- 


Journal,  of  the  Convention  of  1865  363 

in  six  months  hereafter,  if  it  should  become  necessary, 
to  call  you  together  again.     That  resolution  also  con- 
tains a  provision,  that  if  from  resignation,  disability,  or 
death,  your  presiding  officer  should  not  be  able  to  per- 
form this  duty,  it  will  devolve  upon  the  chief  executive 
of  the  State.     If  not  removed  by  death !  I  confess  to  you, 
gentlemen,  when  that  clause  was  read  in  the  resolution, 
a  thrill  went  through  my  frame.     Is  it  possible  that  in 
the  opinion  of  three  hundred  intelligent  men  of  Georgia, 
there  is  such  a  conviction  of  the  probabilities  of  the  death 
of  a  healthy  man  within  six  months,  that  it  should  be  pro- 
vided for,  by  a  solemn  act  of  the  conviction?'  So  it  is, 
gentlemen.     It  was  well  put  in.     Two  of  our  body  have 
passed  away.     We  shall  never  all  meet  again.     Whether 
I  shall  be  called  hence  or  you,  it  is  not  at  all  probable 
that  we  shall  meet  again.     Gentlemen,  in  view  of  this, 
and  in  view  of  our  surroundings,  in  view  of  the  chastis- 
ing scenes  through  which  we  have  passed,  in  view  of  the 
sorrows  which  hang  around  the  hearthstones  of  almost 
every  family  within  the  borders  of  our  beloved  State,  in 
view  of  the  hallowed  memories  of  those  that  sleep  un- 
known upon  the  battlefield,  let  us  go  home  and  cultivate 
among  our  fellow-citizens  feelings  of  kindness,  eschew- 
ing everything  like  discord,  heart  burnings  and  bitter 
strife. 

We  have  been  divided  in  other  times  upon  party  is- 
sues. Great  principles  have  divided  us,  and  in  the  con- 
duct of  our  political  contests  we  have  been  intolerant, 
vituperative,  unforgiving,  uncharitable.  That  we  may 
avoid  such  feelings  hereafter,  let  us  return  home,  as  if 
from  attending  the  funeral  of  our  mother.  Our  old 
mother,  thank  God!  is  not  dead  but  she  has  been  re- 
duced to  extremity.     We  have  been  called  together  to 


364  CONFEDEKATE     ReCOKDS 

nurse  around  her  bedside,  and  to  endeavor,  if  possible, 
to  reanimate  and  reinvigorate  her  wasted  body  and  now 
almost  paralyzed  limbs,  and  to  drive  back  into  her  heart 
the  vital  blood,  and  bid  it  throb  until  the  vital  current 
shall  stream  through  every  vein  and  artery,  and  she  shall 
bloom  again  in  the  beauty  and  vigor  of  health.  (Sensa- 
tion and  applause.) 

We  have  met  here  as  friends;  the  experience  of  the 
past  bids  us  continue  to  be  friends.  When  we  return 
home  let  us  disseminate  the  sentiment,  among  all  classes 
of  our  neighbors,  of  charity  and  love.  Let  us  admonish 
them  to  love  their  country,  and  to  obey  the  Constitution 
and  laws  of  the  land. 

In  view  of  that  certain,  sad  event,  which  must  sooner 
or  later  come  to  us  all,  gentlemen,  be  circumspect,  and 
let  us  walk  thoughtfully  upon  the  shore  of  that  vast 
ocean  which  we  must  sail  so  soon. 

God  bless  you,  gentlemen!  God  bless  our  beloved 
State;  and  may  prosperity  and  happiness  be  the  boon 
which  a  kind  Providence  shall  confer  upon  our  country 
throughout  all  her  borders. 

You  are  now  adjourned  sine  die,  unless  it  shall  be- 
come necessary  to  call  you  together  again.  (Immense 
applause.) 

Which  on  motion  of  Mr.  Thomas  of  Coweta,  was  or- 
dered to  be  spread  upon  the  journal. 

Whereupon  the  convention  was  declared  adjourned 
conformably  with  the  resolution  this  day  adopted. 


Journal  or  the  Convention  of  1865  365 

APPENDIX. 


PREAMBLE  TO  THE  CONSTITUTION. 


We,  the  people  of  the  State  of  Georgia,  in  order  to 
form  a  permanent  government,  establish  justice,  insure 
domestic  tranquility  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity— acknowledging  and  in- 
voking the  guidance  of  Almighty  God,  the  author  of  all 
good  government,  do  ordain  and  establish  this  Constitu- 
tion for  the  State  of  Georgia. 


THE  CONSTITUTION  OF  THE  STATE 
OF  GEORGIA. 


ARTICLE  I. 


DECLARATION  OF  RIGHTS. 


1.  Protection  to  person  and  property  is  the  duty  of 
government. 

2.  No  person  shall  be  deprived  of  life,  liberty  or 
property,  except  by  due  process  of  law. 


366  CONFEDEKATE     RECORDS 

3.  The  writ  of  habeas  corpus  shall  not  be  suspended 
unless  in  case  of  rebellion,  or  invasion,  the  public  safety 
may  require  it. 

4.  A  well  regulated  militia,  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to  keep 
and  bear  arms,  shall  not  be  infringed. 

5.  Perfect  freedom  of  religious  sentiment,  be  and 
the  same  is  hereby  secured,  and  no  inhabitant  of  this 
State,  shall  ever  be  molested  in  person  or  property,  nor 
prohibited  from  holding  any  public  ofl&ce  or  trust  on  ac- 
count of  his  religious  opinion. 

6.  Freedom  of  speech,  and  freedom  of  the  press,  are 
inherent  elements  of  political  liberty.  But  while  every 
citizen  may  freely  speak  or  write,  or  print  on  any  sub- 
ject, he  shall  be  responsible  for  the  abuse  of  the  liberty. 

7.  The  right  of  the  people  to  appeal  to  the  courts, 
to  petition  government  on  all  matters  of  legitimate  cog- 
nizance and  peaceably  to  assemble  for  the  consideration 
of  any  matter  of  public  concern  shall  never  be  impaired. 

8.  Every  person  charged  with  an  offence  against  the 
laws  of  the  State,  shall  have  the  privilege  and  benefit  of 
counsel,  shall  be  furnished  on  demand  with  a  copy  of  the 
accusation,  and  a  list  of  the  witnesses  on  whose  testi- 
mony the  charge  against  him  is  founded ;  shall  have  com- 
pulsory process  to  obtain  the  attendance  of  his  own  wit- 
nesses; shall  be  confronted  with  the  witnesses  testifying 
against  him,  and  shall  have  a  public  and  speedy  trial  by 
an  impartial  jury,  as  heretofore  practiced  in  Georgia. 

9.  No  person  shall  be  put  in  jeopardy  of  life  or  lib- 
erty, more  than  once  for  the  same  offence,  save  on  his  or 


Journal  of  the  Convention  of  1865  367 

her  own  motion  for  a  new  trial  after  conviction,  or  in 
case  of  mistrial. 

10.  No  conviction  shall  work  corruption  of  blood  or 
general  forfeiture  of  estate. 

11.  Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

12.  The  powers  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  legislative  acts. 

13.  Legislative  acts  in  violation  of  the  Constitution 
are  void,  and  the  judiciary  shall  so  declare  them. 

14.  Ex  post  facto  laws — laws  impairing  the  obliga- 
tion of  contracts  and  retroactive  laws  injuriously  affect- 
ing any  right  of  the  citizen,  are  prohibited. 

15.  Laws  should  have  a  general  operation,  and  no 
general  law  affecting  private  rights  shall  be  varied  in 
any  particular  case  by  special  legislation,  except  with  the 
free  consent,  in  writing,  of  all  persons  to  be  affected 
thereby;  and  no  person  being  under  a  legal  disability  to 
contract,  is  capable  of  such  free  consent. 

16.  The  power  of  taxation  over  the  whole  State  shall 
be  exercised  by  the  General  Assembly  only  to  raise  reve- 
nue for  the  support  of  government,  to  pay  the  public 
debt,  to  provide  for  the  common  defence,  and  for  such 
other  purposes  as  the  General  Assembly  may  be  specially 
required  or  empowered  to  accomplish  by  this  Constitu- 
tion. But  the  General  Assembly  may,  by  statute,  grant 
the  power  of  taxation  for  designated  purposes,  with  such 
limitations  as  they  may  deem  expedient,  to  county  au- 
thorities and  municipal  corporations,  to  be  exercised 
within  their  several  territorial  limits. 


368  Confederate    Records 

17.  In  cases  of  necessity,  private  ways  may  be 
granted  upon  just  compensation  being  first  paid;  and 
with  this  exception  private  property  shall  not  be  taken, 
save  for  public  use,  and  then  only  on  just  compensation 
to  be  first  provided  and  paid,  unless  there  be  a  pressing, 
unforseen  necessity,  in  which  event  the  General  Assem- 
bly shall  make  early  provision  for  such  compensation. 

18.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated;  and  no  war- 
rant shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
or  places  to  be  searched,  and  the  persons  and  things  to 
be  seized. 

19.  The  person  of  a  debtor  shall  not  be  detained  in 
prison,  after  delivery,  for  the  benefit  of  his  creditors  of 
all  his  estate,  not  expressly  exempted  by  law  from  levy 
and  sale. 

20.  The  government  of  the  United  States  having,  as 
a  war  measure,  proclaimed  all  slaves  held  or  owned  in 
this  State,  emancipated  from  slavery,  and  having  carried 
that  proclamation  into  full  practical  effect,  there  shall 
henceforth  be  within  the  State  of  Georgia,  neither  slav- 
ery nor  involuntary  servitude,  save  as  a  punishment  for 
crime,  after  legal  conviction  thereof;  provided,  This 
acquiescence  in  the  action  of  the  government  of  the 
United  States,  is  not  intended  to  operate  as  a  relinquish- 
ment, waiver,  or  estoppel  of  such  claim  for  compensation 
of  loss  sustained  by  reason  of  the  emancipation  of  his 
slaves  as  any  citizen  of  Georgia  may  hereafter  make 
upon  the  justice  and  ma^animity  of  that  government. 


Journal  of  the  Convention  op  1865  369 

21.  The  enumeration  of  rights  herein  contained  is  a 
part  of  this  Constitution,  but  shall  not  be  construed  to 
deny  to  the  people  any  inherent  rights  which  they  have 
hitherto  enjoyed. 

ARTICLE  II. 
Section  1. 

1.  The  Legislative,  Executive  and  Judicial  Depart- 
ments shall  be  distinct;  and  each  department  shall  be 
confided  to  a  separate  body  of  magistracy.  No  person, 
or  collection  of  persons,  being  of  one  department,  shall 
exercise  any  power  properly  attached  to  either  of  the 
others,  except  in  cases  herein  expressly  provided. 

2.  The  legislative  power  shall  be  vested  in  a  Gen- 
eral Assembly,  which  shall  consist  of  a  Senate  and  House 
of  Representatives,  the  members  whereof  shall  be  elected 
and  returns  of  the  elections  made  in  the  manner  now  pre- 
scribed by  law,  (until  changed  by  the  General  Assembly) 
on  the  15th  day  of  November,  in  the  present  year,  and 
biennially  thereafter,  on  the  first  Wednesday  of  October, 
to  serve  until  their  successors  shall  be  elected;  but  the 
General  Assembly  may,  by  law,  change  the  day  of  elec- 
tion, 

3.  The  first  meeting  of  the  General  Assembly,  under 
this  Constitution,  shall  be  on  the  first  Monday  in  Decem- 
ber next,  after  which,  it  shall  meet  annually  on  the  first 
Thursday  in  November,  or  on  such  other  day  as  the  Gen- 
eral Assembly  may  prescribe.  A  majority  of  each 
House  shall  constitute  a  quorum  to  transact  business,  but 
a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  its  absent  members,  as  each 


370  Confederate    Records 

House  may  provide.  No  session  of  the  General  Assem- 
bly, after  the  first  above  mentioned,  shall  continue 
longer  than  forty  days,  unless  prolonged  by  a  vote  of 
two-thirds  of  each  branch  thereof. 

4.  No  person  holding  any  military  commission,  or 
other  appointment,  having  any  emolument  or  compensa- 
tion annexed  thereto,  under  this  State  or  the  United 
States,  or  either  of  them,  {except  justices  of  the  infe- 
rior court,  justices  of  the  peace,  and  officers  of  the  mili- 
tia) nor  any  defaulter  for  public  money,  or  for  any 
legal  taxes  required  of  him,  shall  have  a  seat  in  either 
branch  of  the  General  Assembly;  nor  shall  any  Senator 
or  Representative,  after  his  qualification  as  such,  be 
elected  by  the  General  Assembly,  or  appointed  by  the 
Governor  with  the  advice  and  consent  of  two-thirds  of 
the  Senate,  to  any  office  or  appointment  having  any 
emolument  or  compensation  annexed  thereto,  during  the 
time  for  which  he  shall  have  been  elected. 

5.  No  person  convicted  of  any  felony  before  any 
court  of  this  State,  or  of  the  United  States,  shall  be  eligi- 
ble to  any  office,  or  appointment  of  honor,  profit  or  trust, 
within  this  State,  until  he  shall  have  been  pardoned. 

6.  No  person  who  is  a  collector  or  holder  of  public 
money,  shall  be  eligible  to  any  office  in  this  State,  until 
the  same  is  accounted  for  and  paid  into  the  treasury. 

Section  2.  ' 

There  shall  be  forty-four  Senatorial  Districts  in  the 
State  of  Georgia,  each  composed  of  three  contiguous 
counties,  from  each  of  which  districts  one  Senator  shall 
be  chosen,  until  otherwise  arranged,  as  hereinafter  pro- 
vided. 


Journal  of  the  Convention  of  1865  371 

Tlie  said  districts  shall  be  constituted  of  counties  as 
follows : 

The  First  District  of  Chatham,  Bryan  and  Effingham. 

The  Second,  of  Liberty,  Tattnall  and  Mcintosh. 

The  Third,  of  Wayne,  Pierce  and  Appling. 

The  Fourth,  of  Glynn,  Camden  and  Charlton. 

The  Fifth,  of  Coffee,  Ware  and  Clinch. 

The  Sixth,  of  Echols,  Lowndes  and  Berrien. 

The  Seventh,  of  Brooks,  Thomas  and  Colquitt. 

The  Eighth,  of  Decatur,  Mitchell  and  Miller. 

The  Ninth,  of  Early,  Calhoun  and  Baker. 

The  Tenth,  of  Dougherty,  Lee  and  Worth. 

The  Eleventh,  of  Clay,  Randolph  and  Terrell. 

The  Twelfth,  of  Stewart,  Webster  and  Quitman. 

The  Thirteenth,  of  Sumter,  Schley  and  Macon. 

The  Fourteenth,  of  Dooly,  Wilcox  and  Pulaski. 

The  Fifteenth,  of  Montgomery,  Telfair  and  Irwin. 

The  Sixteenth,  of  Laurens,  Johnson  and  Emanuel. 

The  Seventeenth,  of  Bulloch,  Screven  and  Burke. 

The  Eighteenth,  of  Richmond,  Glascock  and  Jeffer- 
son. 

The  Nineteenth,  of  Taliaferro,  Warren  and  Greene. 

The  Twentieth,  of  Baldwin,  Hancock  and  Washing- 
ton. 

The  Twenty-First,  of  Twiggs,  Wilkinson  and  Jones. 

The  Twenty-Second,  of  Bibb,  Monroe  and  Pike. 

The  Twenty-Third,  of  Houston,  Crawford  and  Tay- 
lor. 

The  Twenty-Fourth,  of  Marion,  Chattahoochee  and 
Muscogee. 

The  Twenty-Fifth,  of  Harris,  Upson  and  Talbot. 

The  Twenty-Sixth,  of  Spalding,  Butts  and  Fayette. 

The  Twenty-Seventh,  of  Newton,  Walton  and  Clark. 


372  Confederate    Records 

The  Twenty-Eighth,  of  Jasper,  Putnam  and  Morgan. 
The  Twenty-Ninth,  of  Wilkes,  Lincoln  and  Columbia. 
The  Thirtieth,  of  Oglethorpe,  Madison  and  Elbert. 
The  Thirty- First,  of  Hart,  Franklin  and  Habersham. 
The  Thirty-Second,  of  White,  Lumpkin  and  Dawson. 
The  Thirty-Third,  of  Hall,  Banks  and  Jackson. 
The  Thirty-Fourth,  of  Gwinnett,  DeKalb  and  Henry. 
The  Thirty-Fifth,  of  Clayton,  Fulton  and  Cobb. 
The  Thirty-Sixth,  of  Meriwether,  Coweta  and  Camp- 
bell 

The  Thirty-Seventh,  of  Troup,  Heard  and  Carroll. 
The  Thirty-Eighth,  of  Haralson,  Polk  and  Paulding. 
The  Thirty-Ninth,  of  Cherokee,  Milton  and  Forsyth. 
The  Fortieth,  of  Union,  Towns  and  Rabun. 
The  Forty-First,  of  Fannin,  Gilmer  and  Pickens. 
The  Forty-Second,  of  Bartow,  Floyd  and  Chattooga. 
The  Forty- Third,  of  Murray,  Whitfield  and  Gordon. 
The  Forty-Fourth,  of  Walker,  Dade  and  Catoosa. 

If  a  new  county  be  established,  it  shall  be  added  to  a 
district  which  it  adjoins.  The  Senatorial  districts  may 
be  changed  by  the  General  Assembly,  but  only  at  the  first 
session  after  the  taking  of  each  census  by  the  United 
States  Government,  and  their  number  shall  never  be 
increased. 

2.  No  person  shall  be  a  Senator  who  shall  not  have 
attained  to  the  age  of  twenty-five  years  and  be  a  citizen 
of  the  United  States,  and  have  been  for  three  years  an 
inliabitant  of  this  State,  and  for  one  year^a  resident  of 
the  district  from  which  he  is  chosen. 

3.  The  presiding  officer  shall  be  styled  the  Presi- 
dent of  the  Senate,  and  shall  be  elected  viva  voce  from 
their  own  body. 


JOUKNAL  OF   THE    CONVENTION    OF    1865  373 

4.  The  Senate  shall  have  the  sole  power  to  try  all 
impeachments.  When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation,  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the 
members  present.  Judgment,  in  cases  of  impeachment, 
shall  not  extend  further  than  removal  from  office,  and 
disqualification  to  hold  and  enjoy  any  office  of  honor, 
profit,  or  trust,  within  this  State :  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment, 
trial,  judgment  and  punishment  according  to  law. 

Section  3. 

1.  The  House  of  Representatives  shall  be  composed 
as  follows :  The  thirty-seven  counties  having  the  largest 
representative  population,  shall  have  two  Representa- 
tives each.  Every  other  county  shall  have  one  Represen- 
tative. The  designation  of  the  counties  having  two  Rep- 
resentatives shall  be  made  by  the  General  Assembly  im- 
mediately after  the  taking  of  each  census. 

2.  No  person  shall  be  a  Representative  who  shall 
not  have  attained  the  age  of  twenty-one  years,  and  be  a 
citizen  of  the  United  States,  and  have  been  for  three 
years  an  inhabitant  of  the  State,  and  for  one  year  a 
resident  of  the  county  which  he  represents. 

3.  The  presiding  officer  of  the  House  of  Representa- 
tives shall  be  styled  the  Speaker,  and  shall  be  elected 
viva  voce  from  their  own  body. 

4.  They  shall  have  the  sole  power  to  impeach  all 
persons  who  have  been  or  may  be  in  office. 

5.  All  bills  ^for   raising  revenue   or   appropriating 


374  Confederate    Records 

money  shall  originate  in  the  House  of  Representatives; 
but  the  Senate  may  propose  or  concur  in  amendments, 
as  in  other  bills. 

Section  4. 

1.  Each  House  shall  be  the  judge  of  the  election 
returns  and  qualifications  of  its  own  members ;  and  shall 
have  power  to  punish  them  for  disorderly  behavior  or 
misconduct,  by  censure,  fine  imprisonment  or  expulsion; 
but  no  member  shall  be  expelled  except  by  a  vote  of  two- 
thirds  of  the  House  from  which  he  is  expelled. 

2.  Each  House  may  punish,  by  imprisonment  not 
extending  beyond  the  session,  any  person  not  a  member, 
who  shall  be  guilty  of  a  contempt  by  any  disorderly  be- 
havior in  its  presence;  or  who,  during  the  session,  shall 
threaten  injury  to  the  person  or  estate  of  any  member, 
for  anything  said  or  done  in  either  House;  or  who  shall 
assault  or  arrest  any  witness  going  to  or  returning  from 
or  who  shall  rescue  or  attempt  to  rescue  any  person 
arrested  by  either  House. 

3.  The  members  of  both  Houses  shall  be  free  from 
arrest  during  their  attendance  on  the  General  Assembly, 
and  in  going  to  and  returning  therefrom;  except  for 
treason,  felony,  or  breach  of  the  peace.  And  no  mem- 
ber shall  be  liable  to  answer  in  any  other  place,  for  any- 
thing spoken  in  debate  in  either  House. 

4.  Each  House  shall  keep  a  journal  of  its  proceed- 
ings, and  publish  them  immediately  after  its  adjourn- 
ment. The  yeas  and  nays  of  the  members  on  any  ques- 
tion, shall,  at  the  desire  of  one-fifth  of  the  members  pres- 
ent, be  entered  on  the  journals.     The  original  journals 


Journal  of  the  Convention  of  1865  375 

shall  be  preserved  (after  publication,)  in  the  office  of  the 
Secretary  of  State;  but  there  shall  be  no  other  record 
thereof. 

5.  Every  bill,  before  it  shall  pass,  shall  be  read  three 
times,  and  on  three  separate  and  distinct  days  in  each 
House,  unless  in  cases  of  actual  invasion  or  insurrection. 
Nor  shall  any  law  or  ordinance  pass,  which  refers  to 
more  than  one  subject  matter,  or  contains  matter  differ- 
ent from  what  is  expressed  in  the  title  thereof. 

6.  All  acts  shall  be  signed  by  the  President  of  the 
Senate  and  Speaker  of  the  House  of  Representatives; 
and  no  bill,  ordinance,  or  resolution,  intended  to  have 
the  effect  of  law,  which  shall  have  been  rejected  by 
either  House,  shall  be  again  proposed  under  the  same  or 
any  other  title,  without  the  consent  of  two-thirds  of  the 
House,  by  which  the  same  was  rejected. 

7.  Neither  House  shall  adjourn  for  more  than  three 
days,  nor  to  any  other  place,  without  the  consent  of  the 
other;  and  in  case  of  disagreement  between  the  two 
houses,  on  a  question  of  adjournment,  the  Governor  may 
adjourn  them. 

8.  Every  Senator  and  Representative,  before  taking 
his  seat,  shall  take  an  oath  or  affirmation  to  support  the 
Constitution  of  the  United  States  and  of  this  State ;  and 
also,  that  he  hath  not  practiced  any  unlawful  means, 
either  directly  or  indirectly,  to  procure  his  election. 
And  every  person  convicted  of  having  given  or  offered  a 
bribe,  shall  be  disqualified  from  serving  as  a  member  of 
either  House  for  the  term  for  which  he  was  elected. 

9.  Whenever  this  Constitution  requires  an  Act  to  be 
passed  by  two-thirds  of  both  Houses,  the  yeas  and  nays 


376  CONFEDEEATE     ReCOKDS 

on  the  passage  thereof,  shall  be  entered  on  the  journals 
of  each. 

Section  5. 

1.  The  Greneral  Assembly  shall  have  power  to  make 
all  laws  and  ordinances  consistent  with  this  Constitution, 
and  not  repugnant  to  the  Constitution  of  the  United 
States,  which  they  shall  deem  necessary  and  proper  for 
the  welfare  of  the  State. 

2.  They  may  alter  the  boundaries  of  counties,  and 
establish  new  counties;  but  every  bill  to  establish  a  new 
county  shall  be  passed  by  at  least  two-thirds  of  the  mem- 
bers present,  in  each  branch  of  the  General  Assembly. 

3.  The  General  Assembly  shall  have  power  to  appro- 
priate money  for  the  promotion  of  learning  and  science, 
and  to  provide  for  the  education  of  the  people;  and  shall 
provide  for  the  early  resumption  of  the  regular  exercises 
of  the  University  of  Georgia,  by  the  adequate  endowment 
of  the  same. 

4.  The  General  Assembly  shall  have  power,  by  a 
vote  of  two-thirds  of  each  branch,  to  grant  pardons  in 
cases  of  final  conviction  for  treason,  and  to  pardon  or 
commute  after  final  conviction  in  capital  cases. 

5.  It  shall  be  the  duty  of  the  General  Assembly,  at 
its  next  session,  and  thereafter  as  the  public  welfare  may 
require,  to  provide  by  law  for  the  government  of  free 
persons  of  color ;  for  the  protection  and  security  of  their 
persons  and  property,  guarding  them  and  the  State 
against  any  evil  that  may  arise  from  their  sudden  eman- 
cipation, and  prescribing  in  what  cases  their  testimony 
shall  be  admitted  in  the  courts;  for  the  regulation  of 


Journal  of  the  Convention  of  1865  377 

their  transactions  with  citizens;  for  the  legalizing  of 
their  existing,  and  the  contracting  and  solemnization  of 
their  future  marital  relations,  and  connected  therewith 
their  rights  of  inheritance  and  testamentary  capacity; 
and  for  the  regulation  or  prohibition  of  their  immigra- 
tion into  this  State  from  other  States  of  the  Union  or 
elsewhere.  And  further,  it  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  confer  jurisdiction  upon  courts  now 
existing,  or  to  create  county  courts  with  jurisdiction  in 
criminal  cases  excepted  from  the  exclusive  jurisdiction 
of  the  Superior  Court,  and  in  civil  cases  whereto  free 
persons  of  color  may  be  parties. 

Section  6. 

1.  The  General  Assembly  shall  have  no  power  to 
grant  corporate  powers  and  privileges  to  private  com- 
panies, except  to  banking,  insurance,  railroad,  canal, 
plank  road,  navigation,  mining,  express,  lumber,  manu- 
facturing, and  telegraph  companies,  nor  to  make  or 
change  election  precincts;  nor  to  establish  bridges  and 
ferries ;  nor  to  change  names,  or  legitimate  children ;  but 
shall  by  law  prescribe  the  manner  in  which  such  power 
shall  be  exercised  by  the  courts.  But  no  bank  charter 
shall  be  granted  or  extended,  and  no  act  passed,  author- 
izing the  suspension  of  specie  payment  by  any  chartered 
bank,  except  by  a  vote  of  two-thirds  of  each  branch  of 
the  General  Assembly. 

2.  No  money  shall  be  drawn  from  the  treasury  of 
this  State,  except  by  appropriation  made  by  law;  and  a 
regular  statement  and  account  of  the  receipt  and  expen- 
diture of  all  public  money  shall  be  published  from  time 
to  time. 


378  Confederate    Records 

3.  No  vote,  resolution,  law,  or  order  shall  pass, 
granting  a  donation  or  gratuity  in  favor  of  any  person, 
except  by  the  concurrence  of  two-thirds  of  the  General 
Assembly. 

4.  No  law  shall  be  passed  by  which  a  citizen  shall 
be  compelled  directly  or  indirectly,  to  become  a  stock- 
holder in,  or  contribute  to  a  railroad,  or  other  work  of 
internal  improvement,  without  his  consent,  except  the 
inhabitants  of  a  corporate  town  or  city.  This  provision 
shall  not  be  construed  to  deny  the  power  of  taxation  for 
the  purpose  of  making  levees  or  dams  to  prevent  the 
overflow  of  rivers. 

ARTICLE  III. 

Section  1. 

1.  The  executive  power  shall  be  vested  in  a  Gov- 
ernor, the  first  of  whom  under  this  Constitution,  shall 
hold  the  office  from  the  time  of  his  inauguration  as  by 
law  provided,  until  the  election  and  qualification  of  his 
successor.  Each  Governor  subsequently  elected  shall 
hold  the  office  for  two  years  and  until  his  successor  shall 
be  elected  and  qualified,  and  shall  not  be  eligible  to  elec- 
tion after  the  expiration  of  a  second  term  for  the  period 
of  four  years.  He  shall  have  a  competent  salary,  which 
shall  not  be  increased  nor  diminished  during  the  time  for 
which  he  shall  have  been  elected ;  neither  shall  he  receive 
within  that  time  any  other  emolument  from  the  United 
States,  or  either  of  them,  nor  from  any  foreign  power. 

2,  The  Governor  shall  be  elected  by  the  persons 
qualified  to  vote  for  members  of  the  General  Assembly, 
on  the  fifteenth  day  of  November,  in  the  year  eighteen 


Journal  of  the  Convention  of  1885  379 

hundred  and  sixty -five,  and  biennially  thereafter,  on  the 
first  Wednesday  of  October,  until  such  time  be  altered 
by  law,  which  election  shall  be  held  at  the  places  of  hold- 
ing general  elections  in  the  several  counties  of  this  State, 
in  the  manner  prescribed  for  the  election  of  members  of 
the  General  Assembly.  The  returns  for  every  election 
of  Governor  shall  be  sealed  up  by  the  managers,  sepa- 
rately from  other  returns,  and  directed  to  the  President 
of  the  Senate  and  Speaker  of  the  House  of  Representa- 
tives; and  transmitted  to  the  Governor,  or  the  person 
exercising  the  duties  of  the  Governor  for  the  time  being; 
who  shall,  without  opening  the  said  returns,  cause  the 
same  to  be  laid  before  the  Senate,  on  the  day  after  the 
two  houses  shall  have  been  organized;  and  they  shall  be 
transmitted  by  the  Senate  to  the  House  of  Representa- 
tives. The  members  of  each  of  the  General  Assembly 
shall  convene  in  the  Representative  chamber,  and  the 
President  of  the  Senate,  and  the  Speaker  of  the  House 
of  Representatives,  shall  open  and  publish  the  returns 
in  the  presence  of  the  General  Assembly;  and  the  person 
having  the  majority  of  the  whole  number  of  votes  given 
in,  shall  be  declared  duly  elected  Governor  of  this  State ; 
but  if  no  person  have  such  majority,  then  from  the  two 
persons  having  the  highest  number  of  votes,  who  shall 
be  in  life,  and  shall  not  decline  an  election  at  the  time 
appointed  for  the  Legislature  to  elect,  the  General 
Assembly  shall  immediately  elect  a  Governor  viva  voce; 
and  in  all  cases  of  election  of  a  Governor  by  the  General 
Assembly,  a  majority  of  the  votes  of  the  members  pres- 
ent shall  be  necessary  for  a  choice.  Contested  elections 
shall  be  determined  by  both  Houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

3.     No  person  shall  be  eligible  to  the  office  of  Gov- 


380  Confederate    Records 

ernor  who  shall  not  have  been  a  citizen  of  the  United 
States  twelve  years,  and  an  inhabitant  of  this  State  six 
years,  and  who  hath  not  obtained  the  age  of  thirty  years. 

4.  In  case  of  the  death,  resignation,  or  disability  of 
the  Governor,  the  President  of  the  Senate  shall  exercise 
the  executive  powers  of  the  government  until  such  dis- 
ability be  removed,  or  a  successor  is  elected  and  qualified. 
And  in  case  of  the  death,  resignation,  or  disability  of  the 
President  of  the  Senate,  the  Speaker  of  the  House  of 
Representatives  shall  exercise  the  executive  powers  of 
the  government  until  the  removal  of  the  disability  or  the 
election  and  qualification  of  a  Governor. 

5.  The  Governor  shall,  before  he  enters  on  the  duties 
of  his  office,  take  the  following  oath  or  affirmation:  "I 
do  solemnly  swear  or  affirm  (as  the  case  may  be)  that  I 
will  faithfully  execute  the  office  of  Governor  of  the  State 
of  Georgia ;  and  will,  to  the  best  of  my  abilities,  preserve, 
protect,  and  defend  the  Constitution  thereof,  and  of  the 
Constitution  of  the  United  States  of  America." 

Section  2. 

1.  The  Governor  shall  be  Commander-in-Chief  of 
the  army  and  navy  of  this  State,  and  of  the  militia 
thereof. 

2.  He  shall  have  power  to  grant  reprieves  for 
offences  against  the  State,  except  in  cases  in  impeach- 
ment, and  to  grant  pardons,  or  to  remit  any  part  of  a 
sentence,  in  all  cases  after  conviction,  except  for  treason, 
murder,  or  other  capital  offences,  in  which  cases  he  may 
respite  the  execution,  and  make  report  thereof  to  the 
next  General  Assembly. 

3.  He  shall  issue  writs  of  election  to  fill  vacancies 


Journal  of  the  Convention  of  1865  381 

that  happen  in  the  Senate  or  House  of  Representatives', 
and  shall  have  power  to  convene  the  General  Assembly 
on  extraordinary  occasions;  and  shall  give  them,  from 
time  to  time,  information  of  the  state  of  the  republic, 
and  recommend  to  their  consideration  such  measures  as 
he  may  deem  necessary  and  expedient. 

4.  When  any  office  shall  become  vacant  by  death, 
resignation,  or  otherwise,  the  Governor  shall  have  power 
to  fill  such  vacancy  unless  otherwise  provided  for  by 
law,  and  persons  so  appointed  shall  continue  in  office 
until  a  successor  is  appointed  agreeably  to  the  mode 
pointed  out  by  this  Constitution,  or  by  law  in  pursuance 
thereof. 

5.  A  person  once  rejected  by  the  Senate  shall  not 
be  re-appointed  by  the  Governor  to  the  same  office  during 
the  same  session  or  the  recess  thereafter. 

6.  The  Governor  shall  have  the  revision  of  all  bills 
passed  by  both  Houses,  before  the  same  shall  become 
laws,  but  two-thirds  of  each  House  may  pass  a  law  not- 
withstanding his  dissent;  and  if  any  bill  should  not  be 
returned  by  the  Governor  within  five  days  (Sundays 
excepted)  after  it  has  been  presented  to  him  the  same 
shall  be  law,  unless  the  General  Assembly,  by  their 
adjournment,  shall  prevent  its  return.  He  may  approve 
any  appropriation  and  disapprove  any  other  appropria- 
tion in  the  same  bill,  and  the  latter  shall  not  be  effectual 
unless  passed  by  two-thirds  of  each  House. 

7.  Every  vote,  resolution  or  order,  to  which  the  con- 
currence of  both  Houses  may  be  necessary,  except  on  a 
question  of  election  or  adjournment,  shall  be  presented 
to  the  Governor;  and  before  it  shall  take  effect,  be 
approved  by  him,   or  being  disapproved,   shall  be   re- 


382  Confederate    Records 

passed  by  two-thirds  of  eacli  House,  according  to  the 
rules  and  limitations  prescribed  in  case  of  a  bill. 

8.  There  shall  be  a  Secretary  of  State,  a  Comp- 
troller-Gleneral,  a  Treasurer,  and  Surveyor-General, 
elected  by  the  General  Assembly,  and  they  shall  hold 
their  offices  for  the  like  period  as  the  Governor,  and 
shall  have  a  competent  salary,  which  shall  not  be 
increased  or  diminished  during  the  period  for  which 
they  shall  have  been  elected.  The  General  Assembly 
may  at  any  time  consolidate  any  two  of  these  offices,  and 
require  all  the  duties  to  be  discharged  by  one  officer. 

9.  The  great  seal  of  the  State  shall  be  deposited  in 
the  office  of  the  Secretary  of  State,  and  shall  not  be 
affixed  to  any  instrument  of  writing,  but  by  order  of  the 
Governor  or  General  Assembly;  and  that  used  previ- 
ously to  the  year  1861,  shall  be  the  great  seal  of  the 
State. 

ARTICLE  IV. 

Section  I. 

1.  The  judicial  powers  of  this  State  shall  be  vested 
in  a  Supreme  Court  for  the  correction  of  errors,  a  Supe- 
rior, Inferior,  Ordinary  and  Justices  Courts,  and  in  such 
other  Courts  as  have  been,  or  may  be,  established  by  law. 

2.  The  Supreme  Court  shall  consist  of  three  Judges, 
who  shall  be  elected  by  the  General  Assembly,  for  such 
term  of  years — not  less  than  six — as  shall  be  prescribed 
by  law,  and  shall  continue  in  office  until  their  successors 
shall  be  elected  and  qualified;  removable  by  the  Gov- 
ernor on  the  address  of  two-thirds  of  each  branch  of  the 


Journal  of  the  Convention  of  1865  383 

General  Assembly,   or  by  impeackment  and  conviction 
thereon. 

3.  The  said  Court  shall  have  no  original  jurisdic- 
tion, but  shall  be  a  Court  alone  for  the  trial  and  cor- 
rection of  errors  in  law  and  equity  from  the  Superior 
Courts  of  the  several  circuits,  and  from  the  City  Courts 
of  the  cities  of  Savannah  and  Augusta,  and  such  other 
like  Courts  as  may  be  hereafter  established  in  other 
cities;  and  shall  sit  "at  the  Seat  of  Government"  at 
such  time  or  times  in  each  year,  as  the  General  Assem- 
bly shall  prescribe,  for  the  trial  and  determination  of 
writs  of  error  from  said  Courts. 

4.  The  said  Court  shall  dispose  of  and  finally  de- 
termine every  case  on  the  docket  of  such  Court,  at  the 
first  or  second  term  after  such  writ  of  error  brought; 
and  in  case  the  plaintiff  in  error  shall  not  be  prepared 
at  the  first  term  of  such  Court,  after  error  brought,  to 
prosecute  the  case,  unless  precluded  by  some  providen- 
tial cause  from  such  prosecution,  it  shall  be  stricken  from 
the  docket  and  the  judgment  below  affirmed.  And  in  any 
case  that  may  occur,  the  Court  may,  in  its  discretion, 
withhold  its  judgment  until  the  term  next  after  the 
argument  thereon. 

Section  2.    . 

1.  The  Judges  of  the  Superior  Courts  shall  be 
elected  on  the  first  Wednesday  in  January,  until  the 
Legislature  shall  otherwise  direct,  immediately  before 
the  expiration  of  the  term  for  which  they  or  either  of 
them  may  have  been  appointed  or  elected,  from  the  cir- 
cuits in  which  they  are  to  serve,  by  a  majority  vote  of 
the  people  of  the  circuit  qualified  to  vote  for  members 


384  Confederate   Records 

of  the  General  Assembly,  for  the  term  of  four  years — 
vacancies  to  be  filled  as  is  provided  by  the  laws  of  force 
prior  to  January  1st,  1861 — and  shall  continue  in  office 
until  their  successors  shall  be  elected  and  qualified;  re- 
movable by  the  Governor  on  the  address  of  two-thirds 
of  each  branch  of  the  General  Assembly,  or  by  impeach- 
ment and  conviction  thereon. 

2.  The  Superior  Court  shall  have  exclusive  juris- 
diction in  all  cases  of  divorce,  both  total  and  partial;  but 
no  total  divorce  shall  be  granted  except  on  the  concur- 
rent verdicts  of  two  special  juries.  In  each  divorce  case, 
the  Court  shall  regulate  the  rights  and  disabilities  of 
the  parties. 

3.  Tihe  Superior  Court  shall  also  have  exclusive 
jurisdiction  in  all  criminal  cases,  except  as  relates  to 
fines  for  neglect  of  duty,  contempts  of  Court,  violation 
of  road  laws,  obstruction  of  water  courses,  and  in  all 
othe  minor  offences  which  do  not  subject  the  offender 
or  offenders  to  loss  of  life,  limb  or  member,  or  to  con- 
finement in  the  penitentiary;  'jurisdiction  of  all  jsuch 
cases  shall  be  vested  in  such  County  or  Corporation 
Courts,  or  such  other  Courts,  judicatures,  or  tribunals 
as  now  exist,  or  may  hereafter  be  constituted,  under  such 
rules  and  regulations  as  the  Legislature  may  have 
directed  or  may  hereafter  by  law  direct. 

4.  All  criminal  cases  shall  be  tried  in  the  county 
where  the  crime  was  committed,  except  in  cases  where  a 
jury  cannot  be  obtained. 

5.  The  Superior  Court  shall  have  exclusive  jurisdic- 
tion in  all  cases  respecting  titles  to  land,  which  shall  be 
tried  in  the  county  where  the  land  lies;  and  also  in  all 
equity  causes  which  shall  be  tried  in  the  county  where 


Journal  of  the  Convention  of  1865  385 

one  or  more  of  the  defendants  reside  against  whom  sub- 
stantial relief  is  prayed. 

6.  It  shall  have  appellate  jurisdiction  in  all  such 
cases  as  may  be  provided  by  law. 

7.  It  shall  have  power  to  correct  errors  in  inferior 
judicatories  by  writ  of  certiorari,  and  to  grant  new  trials 
in  the  Superior  Court  on  proper  and  legal  grounds. 

8.  It  shall  have  power  to  issue  writs  of  mandamus, 
prohibition,  scire  facias,  and  all  other  writs  which  may 
be  necessary  for  carrying  its  powers  fully  into  effect. 

9.  The  Superior  Court  shall  have  jurisdiction  in  all 
other  civil  cases,  and  in  them  the  General  Assembly  may 
give  concurrent  jurisdiction  to  the  Inferior  Court,  or 
such  other  County  Courts  as  they  may  hereafter  create, 
which  cases  shall  be  tried  in  the  county  where  the  de- 
fendant resides. 

10.  In  cases  of  joint  obligors,  or  joint  promissors  or 
co-partners,  or  joint  trespassers  residing  in  the  different 
counties  the  suit  may  be  brought  in  either  county. 

11.  In  case  of  a  maker  and  indorser,  or  indorsers  of 
promissory  notes  residing  in  different  counties  in  this 
State,  the  same  may  be  sued  in  the  county  where  the 
maker  resides. 

12.  The  Superior  Court  shall  sit  in  each  county  not 
less  than  twice  in  every  year,  at  such  stated  times  as 
have  been  or  may  be  appointed  by  the  General  Assembly, 
and  the  Inferior  and  County  Court  at  such  times  as  the 
General  Assembly  may  direct. 


386  Confederate  Records 

Section  3. 

1.  The  judges  shall  have  salaries  adequate  to  their 
services  fixed  by  law,  which  shall  not  be  diminished  nor 
increased  during  their  continuance  in  ofl&ce;  but  shall 
not  receive  any  other  perquisites  or  emoluments  what- 
ever, from  parties  or  others,  on  account  of  any  duty  re- 
quired of  them. 

2.  There  shall  be  a  State's  Attorney  and  Solicitors 
elected  in  the  same  manner  as  the  Judges  of  the  Superior 
Court,  and  commissioned  by  the  Governor,  who  shall 
hold  their  offices  for  the  term  of  four  years,  or  until  their 
successors  shall  be  appointed  and  qualified,  unless  re- 
moved by  sentence  on  impeachment,  or  by  the  Governor, 
on  the  address  of  two-thirds  of  each  branch  of  the  Gen- 
eral Assembly.  They  shall  have  salaries  adequate  to 
their  services  fixed  by  law,  which  shall  not  be  increased 
or  diminished  during  their  continuance  in  office. 

3.  The  Justice  or  Justices  of  the  Inferior  Court,  and 
the  Judge  of  such  other  County  Court  as  may  by  law  be 
created,  shall  be  elected  in  each  county  by  the  persons 
entitled  to  vote  for  members  of  the  General  Assembly. 

4.  Tlie  Justices  of  the  Peace  shall  be  elected  in  each 
district  by  the  persons  entitled  to  vote  for  members  of 
the  General  Assembly. 

5.  The  powers  of  a  Court  of  Ordinary  and  of  Pro- 
bate, shall  be  vested  in  an  Ordinary  for  each  county, 
from  whose  decisions  there  may  be  an  appeal  to  the 
Superior  Court,  under  regulations  prescribed  by  law. 
The  Ordinary  shall  be  ex-officio  clerk  of  said  Court,  and 
may  appoint  a  deputy  clerk.  The  Ordinary,  as  Clerk, 
or  his  deputy,  may  issue  citations,  and  grant  temporary 


Journal  of  the  Convention  of  1865  387 

letters  of  administration,  to  hold  until  permanent  letters 
are  granted ;  and  said  Ordinary,  as  Clerk,  or  his  deputy, 
may  grant  marriage  licenses.  The  Ordinaries  in  and 
for  the  respective  counties  shall  be  elected,  as  other 
county  officers  are,  on  the  first  Wednesday  in  January, 
1868,  and  every  fourth  year  thereafter,  and  shall  be 
commissioned  by  the  Governor  for  the  term  of  four 
years.  In  case  of  any  vacancy  of  said  office  of  Ordinary, 
from  any  cause,  the  same  shall  be  filled  by  election,  as  is 
provided  in  relation  to  other  county  officers,  and  until 
the  same  is  filled,  the  Clerk  of  the  Superior  Court  for  the 
time  being,  shall  act  as  Clerk  of  said  Court  of  Ordinary. 


ARTICLE  V. 

Section  1. 

1.  The  electors  of  members  of  the  General  Assembly 
shall  be  free  white  male  citizens  of  this  State,  and  shall 
have  attained  the  age  of  twenty-one  years,  and  have  paid 
all  taxes  which  may  have  been  required  of  them,  and 
which  they  have  had  an  opportunity  of  paying  agreeable 
to  law,  for  the  year  preceding  the  election,  shall  be  citi- 
zens of  the  United  States,  and  shall  have  resided  six 
months  either  in  the  district  or  county  and  two  years 
within  this  State,  and  no  person  who  is  not  qualified  to 
vote  for  members  of  the  General  Assembly,  shall  hold 
any  office  in  this  State. 

2.  All  elections  by  the  General  Assembly  shall  be 
viva  voce  and  the  vote  shall  always  appear  on  the  Jour- 
nal of  the  Hbuse  of  Representatives,  and  where  the 
Senate  and  House  of  Representatives  unite  for  the  pur- 
pose of  electing,  they  shall  meet  in  the  Representative 


388  Confederate    Records 

chamber,  and  the  President  of  the  Senate  shall  in  such 
cases  preside,  and  declare  the  person  or  persons'  elected. 

3.  In  all  elections  by  the  people  the  electors  shall 
vote  by  ballot  until  the  General  Assembly  shall  other- 
wise direct. 

4.  All  civil  officers  heretofore  commissioned  by  the 
Governor,  or  who  have  been  duly  appointed,  or  elected, 
since  the  first  day  of  January  last,  but  who  have  not 
received  their  commission  and  who  have  not  resigned, 
nor  been  removed  from  office,  and  whose  terms  of  office 
shall  not  have  expired,  shall  continue  in  the  exercise  of 
the  duties  of  their  respective  offices  during  the  periods 
for  which  they  were  duly  appointed  or  duly  elected  as 
aforesaid,  and  commissioned,  and  until  their  successors 
shall  be  appointed  under  the  provisions  of  this  Consti- 
tution; unless  removed  from  office  as  herein  provided. 

5.  Laws  of  general  operation  now  of  force,  in  this 
State,  are,  1st,  as  the  supreme  law,  the  Constitution  of 
the  United  States ;  the  laws  of  the  United  States  in  pur- 
suance thereof,  and  all  treaties  made  under  the  authority 
of  the  United  States;  2nd,  as  next  in  authority  thereto, 
this  Constitution ;  3rd,  in  subordination  to  the  foregoing, 
all  laws  declared  of  force  by  an  act  of  the  General  Assem- 
bly of  this  State,  assented  to  December  the  19th,  A.  D., 
1860,  entitled,  "An  Act  to  approve,  adopt,  and  make  of 
force,  in  the  State  of  Georgia,  a  revised  code  of  laws, 
prepared  under  the  direction  and  by  authority  of  the 
General  Assembly  thereof,  and  for  other  purposes  there- 
with connected,"  an  act  of  the  General  Assembly  afore- 
said, assented  to  December  16th,  A.  D.,  1861,  amendatory 
of  the  foregoing,  and  an  act  of  the  General  Assembly 
aforesaid  assented  to  December  13th,  A.  D.,  1862,  enti- 
tled "An  Act  to  settle  the  conflicts  between  the  code  and 


Journal  of  the  Convention  of  1865  389 

the  Legislation  of  this  General  Assembly;"  also  all  acts 
of  the  General  Assembly  aforesaid,  passed  since  the  date 
last  written,  altering,  amending,  repealing,  or  adding  to 
any  portion  of  law  hereinbefore  mentioned  (the  latter 
enactments  having  preference  in  case  of  conflict),  and 
also  so  much  of  the  common  and  statute  law  of  England, 
and  of  the  statute  law  of  this  State  of  force  in  Georgia, 
in  the  year  eighteen  hundred  and  sixty,  as  is  not  ex- 
pressly superseded  by,  nor  inconsistent  with  said  Codes, 
though  not  embodied  therein ;  except  so  much  of  the  law 
aforesaid  as  may  violate  the  supreme  law,  herein  recog- 
nized, or  may  conflict  with  this  Constitution,  and  except 
so  much  thereof  as  refers  to  persons  held  in  slavery, 
which  excepted  laws  shall  henceforth  be  inoperative  and 
void,  and  any  future  General  Assembly  of  this  State, 
shall  be  competent  to  alter,  amend,  or  repeal  any  portion 
of  the  law  declared  to  be  of  force  in  this  third  specifica- 
tion of  the  fifth  clause  of  this  fifth  article.  If  in  any 
statute  law  herein  declared  of  force,  the  word  "Con- 
federate" occurs  before  the  word  States,  such  law  is 
hereby  amended  by  substituting  the  word  ''United"  for 
the  word  ''Confederate." 

6.  Local  and  private  statutes  heretofore  passed 
intended  for  the  benefit  of  counties,  cities,  towns,  cor- 
porations, and  private  persons  not  inconsistent  with  the 
supreme  law,  nor  with  this  Constitution,  and  which  have 
neither  expired  by  their  own  limitations  nor  been  re- 
pealed, shall  have  the  force  of  statute  laws  subject  to 
judicial  decision,  as  to  their  validity  when  enacted,  and 
to  any  limitations  imposed  by  their  own  terms. 

7.  All  judgments,  decrees,  orders,  and  other  pro- 
ceedings of  the  several  courts  of  this  State  heretofore 
made,  within  the  limits  of  their  several  jurisdictions,  are 


390  Confederate   Recoeds 

hereby  ratified  and  affirmed,  subject  only  to  past  and 
future  reversal,  by  motion  for  new  trial,  appeal,  bill  of 
review,  or  other  proceedings,  in  conformity  with  the  law 
of  force  when  they  were  made. 

8.  All  rights,  privileges  and  immunities  which  may 
have  vested  in,  or  accrued  to  any  person  or  persons,  in 
his,  her,  or  their  own  right,  or  any  fiduciary  capacity, 
under  and  in  virtue  of  any  act  of  the  General  Assembly, 
or  of  any  judgment,  decree,  or  order,  or  other  proceeding 
of  any  court  of  competent  jurisdiction  in  this  State,  since 
the  first  day  of  January,  A.  D.,  eighteen  hundred  and 
sixty-one,  shall  be  held  inviolate  by  all  courts  before 
which  they  may  be  brought  in  question,  unless  attacked 
for  fraud. 

9.  The  marriage  relation  between  white  persons  and 
persons  of  African  descent  is  forever  prohibited,  and 
such  marriage  shall  be  null  and  void;  and  it  shall  be  the 
duty  of  the  General  Assembly  to  enact  laws  for  the  pun- 
ishment of  any  officer  who  shall  knowingly  issue  a  license 
for  the  celebration  of  such  marriage,  or  any  officer  or 
minister  of  the  Gospel  who  shall  marry  such  persons 
together. 

10.  All  militia  and  county  officers  shall  be  elected  by 
the  people,  under  such  regulations  as  have  been  or  may 
be  prescribed  by  law. 

11.  This  Constitution  shall  be  altered  or  amended 
only  by  a  convention  of  the  people,  called  for  that  pur- 
pose by  act  of  the  General  Assembly. 

Signed  November  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 


JOUKNAL  OF  THE   CONVENTION   OF   1865  391 

ORDINANCES. 
An  Ordinance 

To   repeal  certain  ordinances  and  resolutions    therein 
mentioned,  heretofore  passed  by  the  people  of  the 
State  of  Georgia  in  Convention. 
We,  the  people  of  the  State  of  Georgia  in  C«««^»*i<'». 
at  our  Seat  of  Government,  do  declare  and  or^^l^^^ 
an  ordinance  adopted  by  the  same  people,  m  e«°venhon, 
on  the  nineteenth  day  of  January,  A^  D.,  ^^^^^^^^^ 
dred  and  sixty-one,  entitled  "An  ordmance  to  d.s  olve 
the  Union  between  the  State  of  Georgia  and  other  States 
united  with  her  under  a  compact  of  government  entitled 
"he  Constitution  of  the  United  States  of  America; 
also,  an  ordinance,  adopted  by  the  same  on  *«  s..teentt 
day  of  March  in  the  year  last  aforesaid,  entitled     An 
ordinance  to  adopt  and  ratify  the  Constitution  of  the 
Confederate  States  of  America;"  and  also  all  ordinances 
and  resolutions  of  the  same,  adopted  between  the  six- 
teenth day  of  January  and  the  twenty-fourth  day  of 
March,  in  the  year  aforesaid,  subversive  of,  or  antago- 
nistic to  the  cil-il  and  military  authority  of  the  govern- 
ment of  the  United  States  of  America,  under  the  Con- 
stitution thereof,  be,  and  the  same  are,  hereby  repealed. 
Signed  October  30th,  1865. 

Herschel  V.  Johnson,  President. 


Attest : 

J.  D.  "Waddell,  Secretary. 


392  Confederate    Records 

An  Ordinance 

To  establish  Congressional  Districts,  and  to  provide  for 
certain  elections. 

The  people  of  Georgia  in  Convention  assembled,  do 
ordain,  That  conforming  to  the  last  apportionment  of 
members  of  the  House  gf  Representatives  of  the  United 
States  Congress,  there  shall  be  in  the  State  of  Georgia 
seven  Congressional  Districts,  constituted  as  follows, 
until  changed  by  act  of  the  General  Assembly,  viz. : 

The  first  district  shall  include  the  counties  of  Chat- 
ham, Bryan,  Liberty,  Mcintosh,  Wayne,  Glynn,  Camden, 
Charlton,  Ware,  Pierce,  Appling,  Tatnall,  Bulloch, 
Effingham,  Screven,  Emanuel,  Montgomery,  Telfair, 
Coffee,  Clinch,  Echols,  Lowndes,  Berrien,  Irwin,  Lau- 
rens, Johnson,  Brooks,  Colquitt  and  Thomas. 

The  second  district  shall  include  the  counties  of  De- 
catur, Early,  Miller,  Baker,  Mitchell,  Worth,  Dooly, 
Wilcox,  Pulaski,  Houston,  Macon,  Marion,  Chattahoo- 
chee, Sumter,  Webster,  Stewart,  Quitman,  Clay,  Calhoun, 
Randolph,  Terrell,  Lee  and  Dougherty. 

The  third  district  shall  include  the  counties  of  Mus- 
cogee, Schley,  Taylor,  Talbot,  Harris,  Troup,  Meri- 
wether, Heard,  Coweta,  Fayette,  Clayton,  Carroll,  Camp- 
bell, Haralson  and  Paulding. 

The  fourth  district  shall  include  the  counties  of 
Upson,  Pike,  Spalding,  Henry,  Newton,  Butts,  Monroe, 
Crawford,  Bibb,  Twiggs,  Wilkinson,  Baldwin,  Jones, 
Jasper  and  Putnam. 

The  fifth  district  shall  include  the  counties  of  W^ash- 
ington,  Jefferson,  Burke,  Richmond,  Glascock,  Hancock, 


Journal  of  the  Convention  of  1865  393 

Warren,  Columbia,  Lincoln,  Wilkes,  Taliaferro,  Greene, 
Morgan,  Oglethorpe  and  Elbert. 

The  sixth  district  shall  include  the  counties  of  Milton, 
Gwinnett,  Walton,  Clarke,  Jackson,  Madison,  Hart, 
Franklin,  Banks,  Hall,  Forsyth,  Pickens,  Dawson,  Lump- 
kin, White,  Habersham,  Rabun,  Towns,  Union,  Fannin 
and  Gilmer. 

The  seventh  district  shall  include  the  counties  of 
DeKalb,  Fulton,  Cobb,  Polk,  Floyd,  Bartow,  Cherokee, 
Gordon,  Chattooga,  Walker,  Whitfield,  Murray,  Catoosa 
and  Dade. 

Sec.  2.  There  shall  be  held  on  the  fifteenth  day  of 
November  next,  a  general  election  in  the  several  counties 
and  election  districts  of  this  State  for  Governor,  Sena- 
tors (by  Senatorial  districts)  and  Representatives  (by 
counties)  to  the  General  Assembly,  in  conformity  to  the 
Constitution,  which  this  Convention  may  adopt,  and  of 
members  of  the  House  of  Representatives  of  the  United 
States  Congress,  by  districts  as  herein  before  arranged, 
one  member  for  each  district. 

Sec.  3.  The  election  herein  ordered  shall  be  con- 
ducted and  returns  thereof  made,  as  is  now  by  the  Code 
of  Georgia  provided. 

Sec.  4.  And  the  Convention  do  further  ordain,  That 
the  election  for  Mayor  and  Aldermen  of  the  City  of 
Savannah,  shall  be  held  on  the  first  Wednesday  in  Decem- 
ber, in  the  present  year,  and  that  at  such  election  all 
laws  appertaining  thereto  shall  be  in  force,  except  the 
law  requiring  the  registry  of  voters. 


394  CONFEDEKATE  KeCORDS 

No.  Counties.     Rep.  Population. 

First  District 29  123,483 

Second  District 23  124,034 

Third  District  15  124,522 

Fourth  District 15  123,127 

Fifth   District   15  125,539 

Sixth   District   21  123,640 

Seventh  District 14  124,856 


132  869,201 

Signed  October  30th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

To  prevent  the  levy  and  sale  of  the  property  of  debtors 
under  execution,  until  the  adjournment  of  the  first 
sess-ion  of  the  next  Legislature,  or  until  the  Legisla- 
ture shall  otherwise  direct,  if  before  that  time. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  there  shall  be  no  levy  or  sale  of 
property  of  defendants  in  this  State  under  execution, 
founded  on  any  judgment,  order  or  decree,  except  execu- 
tions for  cost  or  rules  against  officers  for  money,  and 
except  in  cases  where  defendants  reside  without  the  State 


Journal  of  the  Convention-  of  1865  395 

have  absconded,  are  absconding,  or  are  about  to  remove 
their  property  without  the  limits  of  any  county  in  this 
State,  until  the  adjournment  of  the  first  session  of  the 
next  Legislature  or  until  the  Legislature  shall  otherwise 
direct,  if  before  that  time. 

Be  it  further  ordained,  That  any  officer  or  other  per- 
son violating  this  ordinance,  shall  be  guilty  of  trespass 
and  liable  to  be  sued  in  any  court  of  this  State  having 
proper  jurisdiction;  and  the  measure  of  damages  shall 
be  the  injury  resulting  to  the  injured  party  by  reason  of 
said  trespass. 

Be  it  further  ordained,  That  the  statutes  of  limitation 
now  of  force  in  this  State,  be,  and  the  same  are  hereby 
suspended  in  all  cases  affected  by  this  ordinance  until 
the  adjournment  of  the  first  session  of  the  next  Legisla- 
ture, or  until  the  Legislature  shall  otherwise  direct,  if 
before  that  time. 

And  he  it  further  ordained,  That  the  statutes  of  limi- 
tations in  all  cases,  civil  and  criminal,  be,  and  the  same 
are  hereby,  declared  to  be  and  to  have  been  suspended 
from  the  19th  day  of  January,  1861,  and  shall  so  continue 
until  civil  government  is  fully  restored,  or  until  the  Leg- 
islature shall  otherwise  direct. 

Signed  November  1st,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


396  Confederate   Eecoeds 

An  Ordinance 

To  request  and  authorize  the  Provisional  Governor  of 
Georgia  to  borrow  on  the  credit  of  the  State  a  suffi- 
cient sum  of  money  to  pay  what  may  be  due  on  the 
civil  list,  and  what  may  become  due  thereon,  until  by 
the  collection  of  taxes  the  State  may  dispense  with 
loans ;  and  to  extend  the  power  to  the  Governor  to  be 
elected  by  the  people  in  a  certain  contingency. 

The  people  of  Georgia  hy  their  delegates  in  Conven- 
tion assembled,  do  hereby  declare  and  ordain,  That  the 
Provisional  Governor  of  this  State  be,  and  he  is  hereby 
respectfully  requested  and  authorized,  upon  the  faith  and 
credit  of  the  State  of  Georgia,  to  negotiate  a  loan  or 
loans  of  money,  or  United  States  currency,  sufficient  in 
amount  to  repay  the  temporary  loans  made  by  him  as 
reported  to  the  Convention,  and  to  pay  whatever  is  due 
on  the  civil  list  of  the  political  year  1865,  as  also  to  pay 
whatever  may  become  due  on  the  civil  list  for  the  political 
year  1866,  inclusive  of  appropriations  for  the  support 
of  the  Lunatic  Asylum  and  other  government  pur- 
poses, until  the  State  of  Georgia,  by  the  collection  of 
taxes  to  be  imposed  hereafter  by  the  Legislature,  and 
other  resources  of  the  State,  shall  be  enabled,  without 
embarrassment,  to  dispense  with  a  resort  to  temporary 
loans — the  money  so  borrowed  to  be  deposited  in  the 
treasury,  and  to  be  paid  out  by  executive  warrant  as  is 
provided  by  existing  laws. 

And,  be  it  further  ordained  by  the  authority  afore- 
said, That  should  the  Provisional  Governor,  from  any 
cause,  fail  to  make  a  sufficient  loan  or  loans  to  effectuate 
the  intention  of  this  ordinance — that  then  the  Governor 
to  be  elected  by  the  people  as  his  successor  to  all  the  ex- 


Journal  of  the  Convention  of  1865  397 

ecutive  powers  of  the  State  Government,  be,  and  he  is 
hereby  empowered  to  make  from  time  to  time,  such  loan 
or  loans  for  the  service  of  the  State  of  Georgia  as  is 
herein  contemplated,  and  that  the  bonds  whereon  such 
may  be  loaned  shall  be  countersigned  by  the  Governor. 

And  be  it  further  ordained,  That  to  facilitate  the 
negotiation  of  such  loan,  in  such  sums  and  at  such  times 
as  the  wants  of  the  State  may  require  for  the  purposes 
aforesaid,  the  Governor  is  hereby  authorized  and  required 
to  sign  and  issue  such  drafts,  notes  or  bonds,  counter- 
signed by  the  Treasurer  and  payable  at  such  times  and 
on  such  terms,  and  in  such  currency  as  may  be  deemed 
by  him  most  conducive  to  the  convenience  and  interest 
of  the  State.  Provided,  That  no  obligation  shall  be 
contracted  by  him  for  a  less  time  to  run  than  twelve 
months,  or  for  a  longer  time  than  five  years;  and  pro- 
vided, also,  that  on  short  securities  not  longer  than 
twelve  months  to  run,  not  exceeding  a  rate  of  ten  (10) 
per  cent,  per  annum  shall  be  allowed;  and  provided 
further,  that  if  said  loan,  or  any  part  of  it,  be  raised  on 
bonds  of  more  than  one  year  to  run,  said  bonds  shall 
bear  interest  at  the  rate  of  seven  (7)  per  cent.,  payable 
half  yearly,  which  shall  not  exceed  in  the  whole  the  sum 
of  $500,000,  and  shall  not  be  sold  at  a  discount  on  the 
par  value  of  more  than  ten  per  cent.  And  it  is  further 
provided.  That  this  ordinance  shall  not  be  construed  to 
restrict  or  control  the  Legislature  in  the  exercise  of  a 
sound  discretion  in  making  any  loan  for  the  foregoing 
purposes,  or  any  other  want  of  the  State. 

Signed  November  3rd,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 
:  J.  D.  Waddell^  Secretary. 


398  Confederate    Records 

An  Ordinance 

To  legalize  tlie  contracts  made  by  guardians,  adminis- 
trators, executors,  and  trustees,  with  the  freedmen, 
for  the  benefit  of  their  wards  and  estates,  and  to 
authorize  said  guardians,  administrators,  executors 
and  trustees  to  make  such  contracts,  until  provided 
for  by  the  Legislature. 

Be  it  ordained  by  the  people  of  the  State  of  Georgia, 
in  Convention  assembled,  That  all  contracts  made  by 
guardians,  administrators,  executors  and  trustees,  with 
the  freedmen  and  freedwomen  for  the  benefit  of  their 
wards,  and  estate  be,  and  the  same  are  hereby  legalized ; 
and  that  they  be  authorized  to  make  such  contracts  until 
provided  for  by  the  Legislature. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

Making  it  the  duty  of  the  General  Assembly  of  the  State 
of  Georgia,  to  provide  for  the  support  of  indigent 
widows  and  orphans  of  deceased  soldiers  of  this 
State,  and  for  other  purposes  therein  named. 

Be  it  ordained  by  the  people  of  the  State  of  Georgia, 
in  Convention  assembled,  That  the  General  Assembly  of 
this  State  is  respectfully  requested  at  its  first  session 
under   this    Constitution,    and    annually    thereafter,    to 


JOUENAL  OF   THE   CONVENTION   OF   1865  399 

make  such  appropriations  and  provisions  as  may  in  their 
judgment  be  necessary  for  the  support  and  maintenance 
of  the  indigent  widows  and  orphans  of  deceased  soldiers 
of  this  State. 

Be  it  further  ordained,  That  disabled  soldiers  who 
are  without  the  means  of  support  and  whose  disability 
is  such  as  to  render  them  incompetent  or  unable  to  earn 
a  living  by  their  own  exertions,  shall  be  entitled  to  the 
benefits  of  the  provisions  of  the  foregoing  ordinance. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary.  ' 

An  Ordinance 

To  ratify  certain  acts,  judgments,  and  other  proceedings 
therein  mentioned. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled.  That  all  the  acts  and  sales  of  executors, 
administrators,  trustees  and  guardians,  and  of  judicial 
and  ministerial  officers,  had,  done  and  performed  and 
made  bona  fide,  and  in  pursuance  of,  and  under  color  of 
law  since  the  19th  day  of  January,  1861,  which  are  not 
in  conflict  with  the  Constitution  of  the  United  States, 
and  of  the  Constitution  of  this  State,  be,  and  the  same 
are  hereby  ratified  and  confirmed,  subject  however,  to 
the  right  of  appeal  and  supersedures  according  to  law; 
provided,  that  in  cases  in  which  judgment  or  decrees 
have  been  rendered  in  all  courts  of  record  in  this  State, 
since  the  19th  day  of  January,  1861,  and  prior  to  this 


400  Confederate    Records 

date,  the  party  against  whom  such  judgment  has  been 
rendered,  shall  be  entitled  to  a  new  trial  or  appeal,  on 
affidavit  that  he  was  unavoidably  absent  from  the  court 
at  the  time  of  the  rendition  of  the  judgment;  provided, 
the  court  shall  be  satisfied  from  all  the  facts  which  may 
be  submitted  by  affidavit  by  both  parties  that  such  good 
and  meritorious  defense  exists,  and  that  such  application 
for  a  new  trial  or  appeal  shall  be  made  within  twelve 
months  after  the  adoption  of  this  ordinance. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

To  make  valid  private  contracts  entered  into  and  execu- 
ted during  the  war  against  the  United  States,  and  to 
authorize  the  courts  of  this  State  to  adjust  the  equi- 
ties' between  parties  to  contracts  made,  but  not  ex- 
ecuted, and  to  authorize  settlements  of  such  contracts 
by  persons  acting  in  a  fiduciary  character. 

Section  1.  The  people  of  Georgia,  in  Convention 
assembled,  do  ordain,  That  all  private  contracts  made 
and  executed  during  the  war  against  the  United  States, 
and  not  in  violation  of  the  Constitution  and  laws  of  this 
State,  or  of  the  United  States,  shall  be  as  valid  and 
binding  as  if  made  and  executed  before  hostilities  com- 
menced. 

Sec.  2.  And  it  is  further  ordained,  That  all  contracts 
made  between  the  first  of  June,  1861,  and  the  first  of 


Journal,  of  the  Convention  of  1865  401 

June,  1865,  whether  expressed  in  writing  or  implied,  or 
existing  in  parol  and  not  yet  executed,  shall  receive  an 
equitable  construction,  and  either  party  in  any  suit  for 
the  enforcement  of  any  such  contract,  may  upon  the  trial 
give  in  evidence  the  consideration  and  the  value  thereof 
at  any  time;  and  the  intention  of  the  parties  as  to  the 
particular  currency  in  which  payment  was  to  be  made, 
and  the  value  of  such  currency  at  any  time,  and  the 
verdict  and  judgment  rendered  shall  be  on  principles  of 
equity;  provided,  that  contracts  executed  within  the  iime 
specified,  and  which  were  simply  in  renewal  of  original 
contracts  made  before  the  said  first  day  of  June,  shall 
stand  upon  the  footing  of  contracts  executed  before  hos- 
tilities commenced. 

Sec.  3.  And  it  is  further  ordained,  That  executors, 
administrators,  guardians  and  trustees,  shall  have  power 
to  settle  or  compromise  all  claims  or  evidences  of  debt, 
in  their  possession  created  between  the  first  of  June, 
1861,  and  the  first  of  June,  1865,  contracted  with  refer- 
ence to  payment  in  Confederate  States  of  America 
treasury  notes  or  other  currency  of  a  depreciated  value, 
and  accept  in  satisfaction  of  such  indebtedness  the  fair 
and  reasonable  value  of  such  claims. 

Signed  November  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


402  Confederate   Recoeds 

An  Ordinance 

Extending  the  time  of  election  of  members  of  the  General 
Assembly  until  the  25th  instant,  in  certain  counties. 

Be  it  ordained  hy  the  people  of  Georgia,  in  Conven- 
tion assembled,  That  the  voters  of  those  counties  of  the 
State  of  Georgia,  in  which  from  the  short  notice  given, 
elections  for  members  of  the  General  Assembly  cannot 
be  held  on  the  15th  instant,  as  provided  by  the  Constitu- 
tion, be  and  they  are  hereby  authorized  to  hold  said 
elections  on  Saturday,  the  25th  inst.,  and  that  the  mem- 
bers elected  as  aforesaid  be  allowed  to  take  their  seats 
at  the  earliest  practicable  day  after  the  General  Assem- 
bly shall  convene,  under  the  same  rules  and  regulations 
as  if  they  were  elected  on  the  day  first  aforesaid. 

And  he  it  further  ordained,  That  three  hundred  copies 
of  this  ordinance  be  printed  for  the  use  of  the  members 
of  this  Convention. 

Signed  November  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

To  render  null  and  void  all  debts  of  this  State  created 
for  the  purpose  of  carrying  on  the  late  war  against 
the  United  States. 

Be  it  ordained  by  the  people  of  Georgia,  in  Conven- 
tion assembled.  That  all  debts  contracted  or  incurred  by 


Journal  of  the  Convention  of  1865  403 

the  State  of  Georgia,  either  as  a  separate  State,  or  as  a 
member  of  the  late  partnership  or  confederacy  of  States, 
styled  the  Confederate  States  of  America,  for  the  pur- 
pose of  carrying  on  the  late  war  of  secession  against  the 
United  States  of  America,  or  for  the  purpose  of  aiding, 
abetting  or  promoting  said  war  in  any  way,  directly  or 
indirectly,  be,  and  the  same  are  hereby  declared  null  and 
void;  and  the  Legislature  is  hereby  prohibited  forever 
from,  in  any  way,  acknowledging  or  paying  said  debts 
or  any  part  thereof,  or  from^  passing  any  law  for  that 
purpose,  or  to  secure  or  provide  for  the  said  debts,  or 
any  part  thereof,  by  any  appropriation  of  money,  prop- 
erty, stocks,  funds,  or  assets  of  any  kind  to  that  object. 

2.  Be  it  further  ordained,  That  inasmuch  as  the 
annual  income  of  the  State,  before  and  during  said  war, 
from  taxation  and  other  sources  of  revenue,  was  amply 
sufficient  for  the  support  of  the  ordinary  civil  govern- 
ment of  the  State,  and  for  the  payment  of  all  of  its 
expenses,  incident  to  a  state  of  peace;  and  as  the  extra- 
ordinary expenses  which  led  to  the  creation  of  a  debt 
were  the  offspring  and  results  of  the  war,  it  is  therefore 
the  judgment,  ordinance  and  decree  of  this  Convention, 
that  all  debts  of  the  State  incurred  during  said  war,  shall 
be  considered,  held  and  treated  as  debts  incurred  for 
carrying  on  the  war;  provided,  that  nothing  herein  con- 
tained shall  prevent  any  Legislature  hereafter  to  assem- 
ble, from  making  appropriations  of  money  for  the  pay- 
ment of  any  claim  against  the  State  originating  after 
the  19th  January,  1861,  where  it  shall  be  made  clearly 
to  appear  that  such  claim  was  founded  upon  a  considera- 
tion disconnected  with  any  purpose  of  aiding  or  assisting 
the  prosecution  of  the  late  war  against  the  United  States, 
and  not  incidental  to  a  state  of  war. 


404  Confederate   Records 

3.  Be  it  further  ordained,  That  all  bills,  bonds,  notes, 
or  evidences  of  debt  whatever,  issued  by  the  State,  paya- 
ble only  in  Confederate  currency,  or  on  a  contingency  or 
contingencies  which  have  never  happened,  and  can  now 
never  happen,  have  ceased  to  be  debts  at  all,  either  in 
whole  or  part,  and  are  hereby  wholly  prohibited  from 
being  paid,  even  though  originally  issued  for  other  pur- 
poses than  that  of  carrying  on  the  said  war,  or  aiding  or 
establishing  it,  directly  or  indirectly. 

Signed  November  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

To  authorize  the  Provisional  Governor,  or  his  successor, 
to  borrow  a  sum  of  money  for  the  pressing  necessities 
of  the  Western  and  Atlantic  Railroad, 

The  people  of  the  State  of  Georgia,  in  Convention 
met,  do  ordain,  That  His  Excellency,  the  Provisional 
Governor,  or  his  successor,  be,  and  either  of  them  is, 
hereby  authorized  and  empowered  to  borrow  a  sum  of 
money  not  exceeding  one  hundred  thousand  dollars,  at  a 
rate  of  interest  not  exceeding  seven  per  cent,  per  annum, 
upon  bonds  of  the  State  of  Georgia,  in  such  form,  and 
upon  such  time  as  he  may  deem  expedient,  to  be  used 
under  his  direction  in  supplying  the  pressing  necessities 
of  the  Western  and  Atlantic  Railroad ;  and  further,  that 
the  income  from  said  railroad  may  be  pledged  for  the 


Journal  op  the  Convention  of  1865  405 

payment  of  the  interest  and  principal  of  said  bonds  as 
the  same  may  become  due. 

Signed  November  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

An  Ordinance 

To  provide  for  the  payment  of  the  officers  and  members 
of  the  Convention. 

Be  it  ordained,  That  the  sum  of  ten  dollars  per  day 
be  paid  to  the  President  of  this  Convention  during  the 
present  session,  and  the  sum  of  four  dollars  for  every 
twenty  miles  of  travel  going  to  and  returning  from  the 
seat  of  government,  to  be  computed  by  the  nearest  car- 
riage route  usually  travelled ;  the  sum  of  six  dollars  each 
per  day  to  the  members  of  the  Convention,  and  the  sum 
of  four  dollars  for  every  twenty  miles  of  travel  under 
the  same  rule  which  applies  to  the  President.  The  sum 
of  eight  dollars  per  day  to  the  Secretary,  and  seven 
dollars  each  per  day  to  the  Assistant  Secretary,  engross- 
ing, enrolling  and  other  clerks,  and  the  clerk  to  the  com- 
mittee of  sixteen,  allowed  by  resolution  of  the  Convention, 
with  the  same  mileage  as  is  allowed  the  members,  and 
the  sum  of  ten  dollars  to  the  Secretary  for  contingent 
expenses,  or  so  much  thereof  as  may  be  necessary  to  pay 
the  same;  the  sum  of  six  dollars  each  per  day  to  the 
Doorkeeper,  Messenger,  and  Assistant  Messenger,  and 


406  Confederate    Records 

the  same  mileage  as  is  allowed  the  members,  and  the 
sum  of  fifteen  dollars  to  the  Messenger  for  contingent 
expenses. 

Signed  November  8th,  1865. 

Herschel,  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


RESOLUTIONS. 

Resolution. 


Whereas,  Many  portions  of  this  State  are  unprotected 
by  the  immediate  presence  of  any  of  the  military  forces 
of  the  United  States,  and  there  exists  an  uneasiness  in 
the  public  mind,  under  the  apprehension  that  civil  order 
may  be  disturbed  by  evil-minded  persons  associating 
themselves  together,  or  otherwise,  for  purposes  of  vio- 
lence, and  that  the  law  may  be  obstructed  in  its  execution, 
for  want  of  adequate  police  force  to  enable  the  civil 
officers  of  the  State  to  enforce  the  same;  and  whereas, 
this  feeling  of  insecurity  tends  greatly  to  retard  the  re- 
sumption and  prosecution  of  the  various  peaceful  and 
industrial  pursuits  of  the  people  necessary  for  their  pros- 
perity and  happiness;  therefore, 

Resolved,  hy  the  people  of  Georgia  in  Convention 
assembled.  That  His  Excellency  the  Governor,  be,  and  is 
hereby  earnestly  requested  to  provide,  by  proclamation 
to  the  people  of  Georgia  to  be  issued  as  early  as  practi- 
cable, for  the  formation,  in  every  county  in  this  State,  of 


Journal  of  the  Convention  of  1865  407 

one  or  more  militia  or  volunteer  companies,  to  act  as  a 
police  force  to  suppress  violence,  to  preserve  order,  and 
to  aid  the  civil  officers  of  this  State  in  the  enforcement 
of  the  laws  thereof,  under  such  regulations,  consistent 
with  the  Constitution  and  laws  of  the  United  States,  and 
of  this  State,  as  he  may  prescribe ;  and  that  such  organi- 
zations as  may  be  made  under  this  resolution,  to  subsist 
until  otherwise  provided  by  law. 

Resolved,  secondly,  That  the  foregoing  preamble  and 
resolutions  be  signed  by  the  President  and  Secretary  of 
this  Convention,  and  that  the  President  communicate  a 
copy  of  the  same  to  His  Excellency  James  Johnson, 
Provisional  Governor  of  Georgia,  and  forthwith  trans- 
mit, through  the  Provisional  Governor,  the  same  by  tele- 
graph to  His  Excellency  Andrew  Johnson,  President  of 
the  United  States,  and  earnestly  solicit  his  approval 
thereof. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Kesolution. 

The  committee  of  seven  to  whom  was  referred  the 
message  of  Hds  Excellency  James  Johnson,  and  the  docu- 
ments accompanying  it  on  the  subject  of  cotton  and 
tobacco  purchased  by  the  State,  desiring  further  informa- 
tion on  that  subject,  it  is 

Resolved,  That  His  Excellency  the  Governor,  be  re- 
quested to  communicate  to  this  committee,  if  within  his 


408  Confederate    Records 

power  to  do  so,  how  much  money  has  been  drawn  from 
the  treasury  of  this  State  with  which  to  purchase  cotton 
for  the  State,  and  how  much  with  whicli  to  purchase 
tobacco,  when,  by  whom,  by  what  and  by  whose  authority 
it  was  drawn,  whether  State  or  Confederate  States  money, 
bills,  or  bonds,  or  what,  and  of  different  kinds  of  money, 
bills  or  bonds,  how  much  of  each  kind,  and  how  much 
cotton  and  tobacco  was  purchased  with  the  money  of  the 
State  so  drawn  from  the  treasury,  the  number  of  bales 
and  their  weight,  and  when  and  from  whom  it  was  pur- 
chased, and  at  what  price,  and  whether  it  was  paid  for  in 
the  same  kind  of  currency,  money  or  bonds  that  was  so 
drawn  from  the  treasury  with  which  to  purchase  those 
articles  ?    How  many  agents  were  employed  by  the  State, 
and  by  whom  employed  to  purchase    the    cotton    and 
tobacco  herein  referred  to,  and  who  they  were,  and  where 
they  now  reside,  and  then  resided,  and  what  compensa- 
tion, and  how  and  in  what  it  was  paid  them  and  each  of 
them,  and  by  whom,  for  their  services;  and  also  what 
portion  of  the  cotton  so  purchased  by  the  State  has  been 
sold,  and  by  whom  and  to  whom  sold,  when,  at  what 
price,  and  for  what  currency  it  was  sold,  and  what  amount 
of  State  money  issued  since  the  war  has  been  placed  in 
the  State  treasury,  and  when,  and  by  whom  placed  there 
and  what  amount   of  such   State  money  has  been   ex- 
changed for  Confederate  States  bills,  or  bonds,  before 
and  since  it  went  into  the  treasury,  and  when,  and  by 
whom,  and  with  whom,  and  especially  what  State  officers 
or  officials  have  made  such  exchange,  and  when  and  with 
whom,  and  to  what  amount  such  State  officer  or  agent 
has  thus  exchanged,  and  what  use  has  been  made  by  all 


JOURNAI.  OF  THE   CONVENTION   OF   1865  409 

such  officials  or  agents  with  the  Confederate  money  they 
thus  acquired  by  such  exchange? 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


Resolution. 

Whereas,  two  telegrams,  one  from  the  President  of 
the  United  States  and  one  from  his  Secretary  of  State, 
have  been  received  and  read  to  the  Convention,  indica- 
ting, in  rather  plain  terms,  what  course  should  be  pur- 
sued by  this  Convention  in  relation  to  the  State  debt  of 
Georgia  contracted  to  carry  on  the  war,  which  telegrams 
both  refer  to  communications  received  from  the  Pro- 
visional Governor  of  this  State;  it  is  therefore. 

Resolved,  That  a  committee  of  three  be  appointed 
from  this  body  by  the  Chair,  and  required  to  call  upon 
the  Provisional  Governor,  James  Johnson,  for  a  copy 
of  the  telegrams  sent  by  him  to  Washington,  and  all 
communications  between  him  and  the  department  in 
"Washington,  relating  thereto. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

\ttest : 

J.  D.  Waddell,  Secretary. 


410  Confederate    Records 

Eesolution. 

To  memorialize  the  President  of  the  United  States  in 
behalf  of  Jefferson  Davis,  and  others. 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  Chair  to  memorialize  the  President  of  the  United 
States  in  behalf  of  Jefferson  Davis  and  Alexander  H. 
Stephens;  and  of  James  A.  Seddon,  of  Virginia,  A.  G. 
McGrath,  of  South  Carolina ;  Allison  and  David  L.  Yulee, 
of  Florida,  and  H.  W.  Mercer,  of  Georgia,  now  confined 
as  prisoners  in  Fort  Pulaski,  at  the  mouth  of  Savannah 
River,  and  all  other  prisoners. 

Signed  November  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution. 

Whereas,  under  the  acts  of  the  Congress  of  the  United 
States,  and  the  instructions  of  the  treasury  department, 
the  assessors  for  the  State  of  Georgia  are  about  to  assess 
a  tax  upon  real  estate  upon  the  valuation  of  1860;  and 
tvhereas,  the  value  of  that  description  of  property  now, 
when  the  assessment  is  about  to  be  made,  is  much  below 
that  of  the  year  1860,  and  will  operate  injuriously  upon 
the  agricultural  interests  of  the  State  now  greatly  de- 
pressed; therefore. 

Resolved  first,  That  a  committee  of  five  including  the 
President  of  the  Convention  as  chairman,  be  appointed 


Journal  of  the  Convention  of  1865  411 

by  the  President,  whose  duty  it  shall  be  to  memorialize 
the  Hon.  Hugh  McCulloch,  Secretary  of  the  Treasury, 
requesting  a  suspension  of  the  assessment  until  the  meet- 
ing of  the  Congress  of  the  United  States,  and  that  if 
compatible  with  his  sense  of  justice  he  recommend  such 
a  modification  of  the  internal  revenue  laws  as  will  allow 
the  assessment  for  the  tax  of  1864  to  be  made  upon  the 
present  value  of  real  estate. 

Second.  That  said  committee  place  the  memorial, 
when  prepared,  in  the  hands  of  the  Provisional  Gov- 
ernor, with  the  request  that  he  forward  it  to  the  Secre- 
tary of  the  Treasury,  and  give  it  the  influence  of  his 
recommendation,  if  it  comport  with  his  sense  of  pro- 
priety. 

Signed  November  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  WaddellL,  Secretary. 


ADDRESS. 

To  His  Excellency  Andrew  Johnson, 

President  of  the  United  States  of  America: 

The  people  of  the  State  of  Georgia,  now  in  Conven- 
tion, having  repealed  all  ordinances  and  resolutions  by 
them  heretofore  adopted,  with  a  purpose  to  separate 
themselves  from  the  United  States,  and  to  enter  into 
another  confederacy;  and  having  adopted  a  constitu- 
tion strictly  republican,  wherein  the  supremacy  of  the 
Constitution,    constitutional   laws,   and   treaties    of   the 


412  Confederate    Records 

United  States  of  America  are  distinctly  affirmed;  having 
therein  recognized  the  emancipation,  by  the  United 
States  Government,  of  persons  previously  held  as  slaves 
in  this  State,  and  ordained  in  the  fundamental  law,  that 
neither  slavery  or  involuntary  servitude  (save  as  a  pun- 
ishment for  crime),  shall  hereafter  exist  in  Georgia;  and 
having,  as  they  conceive,  done  all  things  necessary  and 
proper,  on  their  part,  to  the  full  and  complete  restora- 
tion of  their  State  to  her  rights  and  privileges  as  a  State, 
and  as  a  member  of  the  American  Union,  respectfully 
request  that  all  needful  executive  and  legislative  meas- 
ures be  taken  to  effect  such  restoration  as  speedily  as 
possible. 

We,  the  delegates  of  the  people,  fully  informed  as  to 
their  purposes  and  desires,  assure  Your  Excellency  that 
it  is  their  fixed  intention  to  perform  their  whole  duty  as 
citizens  of  the  United  States;  that  their  desire  is  to  live 
under  the  Constitution,  in  peace  and  harmony  with  the 
whole  people,  and  to  see  sectional  strife  banished  forever 
from  the  national  councils. 

We  moreover  express  to  you,  sir,  their  entire  confi- 
dence in  your  just  and  kind  intentions  towards  them; 
and  their  anticipations  of  your  conciliatory  and  trustful 
consideration  of  their  acts  and  doings  in  this  Convention. 

Signed  November  8th,  1865. 


REPORT,  RESOLUTION  AND  ORDINANCE  IN  RE- 
GARD TO  THE  FREEDMEN  OF  THE  STATE 
OF  GEORGIA. 

The  committee  to  whom  was  referred  the  message  of 
the   Provisional   Governor,   enclosing  a  communication 


Journal  of  the  Convention  of  1865  413 

from  Brig.-Gen.  Tillson,  Assistant  Commissioner  of  the 
Bureau  of  Freedmen,  Refugees  and  Abandoned  Lands, 
have  had  the  same  under  consideration  and  direct  me  to 
report  the  following  resolution  and  ordinance: 

Resolved,  by  the  Convention,  That  the  wise  and  lib- 
eral proposition  of  Brig.-Gen.  Tillson,  Assistant  Com- 
missioner of  the  Freedmen 's  Bureau,  to  employ  certain 
officers  of  this  State  as  agents  of  said  Bureau,  to  adjust 
the  difficulties  between  the  white  and  colored  people  of 
this  State,  and  to  maintain  the  police  of  the  country,  be, 
and  the  same  is  hereby,  accepted;  and  it  is  hereby 
ordained  by  this  Convention,  That  the  Justices  of  the 
Peace,  Ordinaries,  and  all  other  civil  officers,  or  unofficial 
citizens  of  this  State,  are  hereby  authorized  to  perform 
such  services  as  may  be  designated  by  said  agent  in  ad- 
justing difficulties  between  the  white  and  colored  popu- 
lation of  this  State,  in  maintaining  the  police  of  the 
country  and  other  similar  matters,  when  ever  requested 
so  to  act  by  said  Superintendent. 

Signed  November  1st,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 


Resolution. 

Authorizing  the  Secretary  to  appoint  three  assistants., 
and  that  they  be  sworn. 

Resolved,  That  the  Secretary  of  this  Convention  be 


414  CONFEDEKATE     ReCORDS 

authorized  to  employ  three  clerks  to  aid  him  in  the  dis- 
charge of  the  duties  of  his  office. 

Signed  Nov.  3d,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 

Resolution. 

Asking  the  executive  clemency  in  behalf  of  citizens  not 
yet  pardoned. 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  chair,  whose  duty  it  shall  be  to  memorialize  His  Ex- 
cellency Andrew  Johnson,  President  of  the  United  States, 
invoking  the  executive  clemency  in  behalf  of  those  of 
our  fellow-citizens,  belonging  to  the  classes  excepted 
from  the  benefits  of  the  late  Amnesty  Proclamation,  and 
who  may  be  as  yet  unpardoned. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution. 

To  raise   a  commission   of  five,   consisting   of   Messrs. 
Starnes,  Stephens  and  others  to  provide  a  code,  &c. 

In  view  of  the  changed  relations  of  the  citizens  of 


JOURNAX.  OF  THE   CONVENTION   OF   1865  415 

this  state,  to  the  large  number  of  persons  recently  held 
by  them  as  slaves,  but  now  recognized  as  freedmen,  and 
of  the  imperative  obligation  resting  upon  the  former  to 
give  efficient  protection  to  the  latter,  and  to  promote 
among  them  the  observance  of  law  and  order,  habits  of 
industry  and  moral  improvement: 

1st.  Be  it  resolved,  That  a  commission  of  five  per- 
sons, viz :  Messrs.  Ebenezer  Starnes  of  Richmond,  Lin- 
ton Stephens  of  Hancock,  Wm.  Hope  Hull  of  Clarke,  Lo- 
gan E.  Bleckley  of  Atlanta,  and  Lewis  N.  Whittle  of 
Bibb,  be,  and  they  are,  hereby  appointed  forthwith  to 
prepare  and  report  to  the  Governor  at  the  earliest  prac- 
ticable day,  to  be  laid  before  the  General  Assembly  at 
the  next  session,  a  code  or  system  of  laws  to  carry  into 
effect  the  fifth  paragraph  of  the  third  section  of  the  sec- 
ond article,  and  the  third  clause  of  the  second  section 
of  the  fourth  article  of  the  Constitution  adopted  by  this 
Convention,  and  that  they  be  requested  to  meet  at  Mil- 
ledgeville,  on  the  13th  instant. 

2.  That  any  three  of  said  commissioners  may  act, 
and  may  in  their  discretion  fill  vacancies  in  their  own 
body  occasioned  by  the  non-acceptance  or  resignation 
of  any  member  of  it,  and  that  this  resolution  be  com- 
municated by  the  Secretary  to  each  commissioner. 

3.  That  the  General  Assembly  be  requested  to  make 
provision  for  their  compensation. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 


416     -  Confederate    Records 

Resolution. 

To  allow  the  Secretary  of  this  Convention  the  sum  of  two 
hundred  dollars  for  certain  labor  therein  specified. 

Resolved,  That  the  Secretary  of  this  Convention  be 
allowed  the  sum  of  two  hundred  dollars  for  making  out 
and  arranging  the  index  for  the  Journal  and  bringing 
up  the  unfinished  business  of  the  Convention,  and  cor- 
recting a  proof-sheet  of  the  same,  and  forwarding  to 
each  delegate  to  this  Convention  and  to  each  Ordinary 
and  each  clerk  of  Superior  and  Inferior  courts  of  each 
county  of  this  State,  a  copy  of  said  Journal. 

.  Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  WaddeLiL,  Secretary. 

Resolution. 

Appointing  Orme  &  Son  Public  Printers. 

Redding  of  Harris,  moved  that  Orme  &  Son  be  ap- 
pointed printers  of  the  Convention  by  acclamation. 
Adopted. 

Signed  Nov.  3d,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


Journal  of  the  Convention  of  1865  417 

Resolution. 

To  substitute  as  a  rule  of  this  Convention  in  lieu  of 
existing  rules  on  the  subject. 

Resolved),  That  the  following  be  adopted  as  a  rule  of 
this  Convention,  in  lieu  of  the  existing  rule  on  the  sub- 
ject— 

The  yeas  and  nays  of  members  of  this  Convention 
on  any  question  shall  be  entered  on  the  Journal,  at  the 
desire  of  one-fifth  of  the  members  present,  and  not  of  a 
less  number. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 

Resolution. 

To  add  another  to  the  rules  of  the  Convention. 

The  Constitution  that  may  be  adopted  by  this  Con- 
vention, and  all  ordinances  and  resolutions  passed,  shall 
be  signed  by  the  President  and  Secretary  of  the  Conven- 
tion, whicli  shall  be  a  sufficient  authentication  thereof. 
No  ordinance  already  passed  upon  one  reading,  shall  lack 
validity  for  that  reason. 

Signed  Nov.  6th,  1865. 

Herschel  V.  Johnson,  President 
Attest : 

J.  D.  Waddell,  Secretary. 


418  Confederate    Records 

Resolution. 

Authorizing  the  Committee  of  Seven,  appointed  to  take 
into  consideration  the  subject  of  the  cotton  hitherto 
belonging  to  this  State,  to  send  for  persons  and  pa- 
pers. 

Resolved,  That  the  special  Committee  of  Seven,  ap- 
pointed to  take  into  consideration  the  subject  of  the  cot- 
ton hitherto  belonging  to  this  State,  while  in  session, 
shall  have  power  to  send  for  persons  and  papers. 

Signed  Nov.  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 

Report 

And  Resolutions  of  Committee  of  Sixteen. 

The  Committee  of  Sixteen  recommend  the  adoption 
of  the  following  resolutions. 

Resolved,  That  the  repealing  ordinance,  the  Consti- 
tution, and  all  other  ordinances  adopted  by  this  Con- 
vention, when  signed  by  the  President  and  countersigned 
by  the  Secretary,  be  presented  to  His  Excellency  the 
Provisional  Governor,  with  a  request  that  he  cause  the 
same  to  be  sealed  with  the  great  seal  of  the  State,  adopted 
by  this  Convention,  filed  in  the  office  of  the  Secretary  of 
State,  and  by  him  recorded  in  a  book  suitable  to  the  per- 
manent preservation  of  the  same. 


JOURNAJL  OF  THE  CONVENTION   OF   1865  419 

■  2d^,  Resolved,  That  a  second  copy  of  the  said  repeal- 
ing ordinance  and  of  the  Constitution,  signed  and  coun- 
tersigned and  sealed  as  aforesaid  be  placed  in  the  hands 
of  His  Excellency  the  Governor,  as  well  as  a  second  copy 
of  any  other  ordinance  designated  by  him,  for  the  pur- 
pose of  being  transmitted  to  His  Excellency  the  Presi- 
dent of  the  United  States,  signed,  countersigned  as  afore- 
said, of  the  address  to  the  President,  adopted  by  the 
Convention. 

3rd,  Resolved,  That  the  Journal  of  this  Convention 
be  deposited  in  the  office  of  the  Secretary  of  State,  and 
that  thirteen  hundred  copies  thereof  be  printed  and  dis- 
tributed as  follows:  One  copy  to  each  member  of  the 
Convention,  one  to  each  member  of  the  next  General 
Assembly;  one  to  each  Judge  of  the  Supreme  and  Supe- 
rior Courts,  and  one  to  the  Ordinary,  the  Clerks  of  the 
Superior  and  Inferior  Courts  of  each  county;  and  that 
to  said  copy  of  the  Journal  so  printed  there  be  added 
an  appendix  containing  the  Constitution,  ordinances  and 
resolutions  adopted  by  this  Convention,  together  with 
an  index. 

4th,  Resolved,  That  Messrs.  DeGraffenried  of  Bald- 
win, Blount  of  Jones,  and  Cochran  of  Wilkinson,  be  a 
committee  to  bring  up  the  unfinished  business  of  the 
Convention. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


420  Confederate    Records 

Resolution  . 

To  authorize  the  Provisional  Governor  to  draw  his  war- 
rant for  the  payment  of  Mr.  Orme  &  Son,  for  the 
printing  of  this  Convention. 

Resolved,  That  His  Excellency  the  Provisional  Gov- 
ernor be  authorized  and  requested  to  draw  his  warrant 
upon  any  funds  in  the  Treasury,  or  which  may  come  into 
the  Treasury,  for  the  payment  of  Mr.  Orme  &  Son  for 
the  printing  of  this  Convention. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 


Resolution 

To  refer  second  article  of  the  Constitution  to  committee 
of  sixteen,  with  instructions  to  report  a  plan  of  re- 
duction. 

Resolved,  That  the  second  article  of  the  Constitution 
be  recommitted  to  the  Committee  of  16,  and  that  the 
plan  of  reduction  before  the  Convention,  and  all  others 
which  may  be  suggested,  shall  be  referred  to  said  com- 
mittee, with  instructions  to  report  a  plan  of  reduction. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 


J.  D.  Waddell,  Secretary. 


Journal  of  the  Convention  of  1865  421 

Resolution. 

For  Auditing  Committee  to  have  300  blanks  printed. 

Resolved,  That  the  Auditing  Committee  be  authorized 
to  have  300  blanks  printed  for  the  use  of  said  committee. 
Signed  Nov.  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

Requesting  Provisional  Governor  to  communicate  facts 
to  this  Convention. 

Resolved,  That  His  Excellency,  the  Provisional  Gov- 
ernor, be  requested  to  communicate  to  the  Convention 
at  any  time,  any  facts  in  his  possession  that  he  may 
deem  of  public  interest. 

Signed  Nov.  2d,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


422  Confederate    Records 

An  Address 

To  the  President  of  the  United  States  from  the  commit- 
tee of  five. 

To  His  Excellency  Andrew  Johnson, 

President  United  States: 

The  people  of  Georgia,  through  her  delegates  in  Con- 
vention assembled,  respectfully  and  earnestly  invoke  the 
exercise  of  the  Executive  clemency  in  behalf  of  those  of 
our  fellow  citizens  embraced  within  the  exceptions  to  the 
late  Amnesty  Proclamation,  who  may  as  yet  remain  un- 
pardoned. 

Including,  as  the  vast  roll  of  her  disfranchised  citi- 
zens does,  many  of  her  finest  intellect  and  purest  pa- 
triots, and  involving  much  of  her  available  wealth,  the 
Convention  of  our  State  respectfully  recommend  these 
men  to  your  magnanimous  clemency  as  our  needed  co- 
adjutors in  the  mighty  task  of  reorganization,  and  as 
worthy  subjects  of  your  most  generous  kindness. 

The  Convention  pledges  their  future  fidelity  to  the 
Government  of  the  United  States.  The  very  tenacity  of 
their  devotion  to  the  South  in  the  late  struggle,  the  very 
heroism  and  magnitude  of  their  efforts  in  an  unsuccess- 
ful cause,  and  the  very  chivalry  of  their  characters,  as 
evinced  in  the  trying  vicissitudes  of  a  gigantic  war,  will 
be  your  last  guarantee  of  the  virtue  of  their  resignation 
to  the  result,  and  of  the  sincerity  of  their  allegiance  to 
a  government  which  disarms  them  by  its  magnanimity, 
enchains  their  gratitude  by  their  kindness,  and  punishes 
them  only  with  its  clement  pardon. 


Journal,  of  the  Convention  of  1865  423 

Believe  us,  sir,  there  is  no  looking  back.  The  State 
of  Georgia  is  prepared  to  do  her  whole  duty  in  and  to 
the  Government,  and  she  now  asks  for  the  restitution  to 
her  control  and  use  of  her  entire  citizens,  for  whose  in- 
tegrity and  loyalty  she  gives  you  her  most  solemn  pledge 
in  order  that  they  may  assist  her  to  work  out  from  her 
travail  and  desolation  the  high  destiny  she  still  trusts 
i-s  in  store  for  her  and  them,  under  a  government  that 
has  just  emerged  unharmed  from  the  most  desperate  con- 
vulsion of  the  world's  history  and  whose  tremendous 
power  will  be  infinitely  strengthened  by  its  immeasur- 
able benignity. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 

A  Resolution 

Authorizing  the  President  of  the  Convention  to  appoint 
a  committee  of  five  to  be  styled  the  Committee  on 
Journals. 
Resolved,  That  the  President  of  this  Convention  ap- 
point a  committee  of  five,  to  be  styled  the  Committee  on 
the  Journal,  whose  duty  shall  be  to  examine  and  approve 
the  daily  Journal  of  this  Convention  before  its  submis- 
sion to  the  Public  Printer  for  publication. 
Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 


424  CONFEDEBATE     ReCORDS 

A  Resolution 

Tendering  Hon.  William  M.  Burnell  a  seat  on  the  floor. 

Resolved,  That  the  Hon.  William  M.  Burnell,  an  old 
and  highly  respectable  citizen  of  Virginia,  now  present, 
be  invited  to  a  seat  on  this  floor. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 

A  Resolution 

Asking  the  President  of  the  United  States  to  pardon 
Josiah  Tattnall. 

Resolved  by  the  people  of  Georgia  in  Convention  as- 
sembled, That  we,  the  members  of  this  Convention,  in 
behalf  of  the  whole  people  of  Georgia,  do  invoke  the 
kind  consideration  of  His  Excellency  Andrew  Johnson, 
President  of  the  United  States,  in  behalf  of  Josiah  Tatt- 
nall, a  citizen  of  the  State  of  Georgia,  who  has  done  his 
country  good  service,  and  earnestly  pray  that  His  Ex- 
cellency will  remove  the  disabilities  under  which  he  now 
labors,  and  grant  to  him  a  full  pardon,  with  the  restora- 
tion of  the  small  property  which  he  held  at  the  time  of 
his  resignation  from  the  navy  of  the  United  States. 

Resolved,  That  the  foregoing,  signed  by  the  President 
of  this  Convention  and  attested  by  the  Secretary,  be  for- 


JOUKNAL  OF  THE   CONVENTION   OF   1865  425 

warded  to  His  Excellency  the  President  of  the  United 
States. 

Signed  Nov.  3d,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Kesolution 

Authorizing  the  President  of  this  Convention  to  convene 
the  same  under  certain  contingencies,  &c. 

Whereas,  a  contingency  may  arise  which  will  make  it 
necessary  for  the  assembling  of  this  Convention,  or  the 
election  of  new  members  to  a  Convention,  and  to  prevent 
the  agitation  and  excitement  that  might  ensue  from 
another  election. 

Be  it  therefore  resolved),  That  this  Convention  ad- 
journ today  at  12  m.,  and  stand  adjourned  subject  to  the 
call  of  the  President  of  the  same,  should  a  contingency 
arise  in  regard  to  our  Federal  relations,  or  other  cause, 
which,  in  his  judgment,  will  make  it  necessary  for  the 
Convention  to  be  again  convened;  provided,  said  call  be 
made  within  six  months;  if  not  made  within  that  time, 
then  this  Convention  to  stand  adjourned  sine  die;  and 
'provided  further,  that  in  the  event  of  the  death,  resigna- 
tion, or  other  disability  of  any  member  of  this  Conven- 
tion, the  vacancy  shall  be  filled  by  election  under  procla- 
mation of  the  Governor. 

2d,  Resolved,  That  in  the  event  of  the  removal,  death, 
or  resignation,  or  inability  of  the  President  of  this  Con- 


426  Confederate   Recoeds 

vention,  then  the  same  authority  vested  in  him  by  the 
foregoing  resolution,  be,  and  the  same  is,  hereby  vested 
in  the  Governor  or  officer  acting  as  Governor  of  the  State. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolutions 

On  the  death  of  Hon,  Benj.  H.  Rice,  delegate  elect  from 
the  county  of  Quitman. 

The  melancholy  announcement  having  been  made  to 
the  Convention  of  the  death  of  Benj.  H.  Rice,  Esq.,  a 
member  of  this  Convention  from  the  county  of  Quitman, 
who  departed  this  life  on  the  26th  instant: 

Resolved,  That  the  members  of  this  Convention  la- 
ment the  death  and  sympathize  with  his  family  on  the 
great  bereavement  which  they  have  suffered,  and  that  as 
a  mark  of  respect  to  the  memory  of  the  deceased,  this 
Convention  do. now  adjourn. 

Resolved,  That  these  resolutions  be  entered  upon  the 
Journal  of  the  Convention. 

Sig-ned  Nov.  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


Journal  of  the  Convention  of  1865  427 

Kesolution 

In  regard  to  the  death  of  the  Hon.  Hines  Holt. 

Resolved  1.  That  the  members  of  the  Convention 
deeply  lament  the  death  of  their  associate  in  this  body, 
the  Hon.  Hines  Holt,  a  delegate  from  the  county  of  Mns- 
cogee;  and  tender  to  his  bereaved  family  their  heartfelt 
condolence. 

Resolved  2.  That  as  a  mark  of  respect  for  his  mem- 
ory and  sorrow  for  his  death,  the  members  will  wear  the 
usual  badge  of  mourning  on  the  left  arm  for  the  space 
of  thirty  days. 

Resolved  3.  That  a  committee  of  four  members  of 
this  Convention  be  appointed  by  the  President  to  super- 
intend the  arrangements  touching  the  remains  of  the  de- 
ceased, and  to  attend  them  from  this  city  to  his  late 
home  in  Muscogee  county. 

Resolved  4.  That  the  members  of  the  Convention 
will,  in  a  body,  attend  the  remains  of  the  deceased  from 
his  late  lodgings  in  this  city  to  the  Railroad  depot. 

Resolved  5.  That  a  copy  of  these  resolutions  be 
transmitted  by  the  Secretary  of  the  Convention  to  the 
family  of  the  deceased. 

Signed  Nov.  6th  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  WADDELii,  Secretary. 


428  Confederate   Records 

Eesolution 

Adopting  the  rules  of  Convention  of  1861  for  the  gov- 
ernment of  the  Convention. 

Resolved,  That  the  rules  of  the  Convention  of  1861 
be  adopted  for  the  government  of  the  deliberations  of 
this  Convention,  and  that  500  copies  be  printed  for  the 
use  of  the  delegates. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddeli.,  Secretary. 

Resolution 

Authorizing  State  Treasurer  to  make  advances  to  mem- 
bers of  Convention. 

Resolved,  That  the  State  Treasurer  be  instructed  to 
make  advances  of  mileage  and  per  diem  pay  to  delegates 
of  the  Convention,  according  to  the  mileage  and  per 
diem  allowed  to  members  of  the  General  Assembly  by 
the  Code  of  this  State. 

Signed  Nov.  3d,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 


JOUENAI.  OF   THE   CONVENTION   OF   1865  429 

A  Resolution 

For  the  relief  of  the  tax  payers  of  the  State  of  Georgia. 

Whereas,  by  the  misfortunes  and  results  of  the  late 
war,  the  people  of  the  State  of  Georgia  have,  in  a  great 
measure,  been  left  moneyless,  and  many  of  them  without 
any  reasonable  prospect,  at  an  early  day,  of  making 
money,  and  many,  too,  holders  of  large  real  estates,  such 
as  lands  which  are,  from  the  embarrassed  condition  of 
the  people,  dormant,  and  likely  to  remain  so  for  some 
time  to  come ;  to  the  owners  of  which  it  would  be  a  great 
sacrifice  to  force  a  sale  of  such  property  at  this  time  to 
meet  the  tax  demands  of  the  State  and  general  govern- 
ment; therefore. 

Resolved,  That  this  Convention  most  respectfully  rec- 
ommend for  the  consideration  of  the  ensuing  Legislature 
and  urges  upon  them  the  passage  of  some  bill  based  upon 
the  credit  of  this  State,  that  will  as  far  as  practicable 
relieve  the  people  of  an  immediate,  direct,  burdensome 
tax,  booth  from  the  State  and  general  government,  until 
the  pecuniary  condition  of  the  country  will  better  enable 
the  people  to  otherwise  meet  these  demands. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


430  Confederate    Records 

Resolution 

And  memorial  to  the  President  in  behalf  of  Jefferson 
Davis  and  others. 

MlLLEDGEVIT.T.E,    Oct.    30th,    1865. 

To  His  Excellency  Andrew  Johnson, 

President  of  the  United  States: 

The  Delegates  of  the  State  of  Georgia,  in  Convention 
assembled,  do  earnestly  invoke  the  executive  clemency 
in  behalf  of  Jefferson  Davis  and  Alexander  H.  Stephens, 
and  of  James  A.  Seddon  of  Virginia ;  A.  Y.  McGrrath  of 

South  Carolina ;  Allison  and  David  L.  Yulee 

of  Florida,  and  W.  H.  Mercer  of  Georgia,  now  confined 
as  prisoners  in  Fort  Pulaski,  and  of  all  other  prisoners 
similarly  circumstanced. 

Your  Excellency  has  been  pleased  to  restore  Mr. 
Stephens  to  his  liberty.  He  returns  to  the  grateful  peo- 
ple of  his  State  as  a  solemn  pledge  of  the  magnanimity 
which  rules  the  public  councils;  and  his  great  name  and 
influence  will  be  potent  to  revive  the  amity  of  the  past, 
and  to  fructify  the  wise  and  generous  policy  which  Your 
Excellency  has  inaugurated.  Emboldened  by  this  ex- 
ample, impelled  by  the  purity  of  our  motives,  and  stimu- 
lated by  the  prayers  of  a  numerous  people,  we  appeal 
for  clemency  in  behalf  of  the  distinguished  persons  we 
have  named. 

Restore  them  to  liberty  and  to  the  embrace  of  their 
families,  translate  them  from  captivity  to  the  light  of 
freedom  and  of  hope ;  and  the  gratitude  of  the  prisoners 


Journal  of  the  Convention  of  1865  431 

will  be  mingled  with  the  joyful  acclamations  which  shall 
ascend  to  Heaven  from  the  hearts  of  the  people. 

Jefferson  Davis  was  elevated  to  his  high  position  by 
our  suffrages,  and  in  response  to  our  wishes;  we  im- 
posed upon  him  a  responsibility  which  he  did  not  seek. 

Originally  opposed  to  the  sectional  policy  to  which 
public  opinion  with  irresistible  power,  finally  drove  him, 
he  became  the  exponent  of  our  principles  and  the  leader 
of  our  cause.  He  simply  responded  to  the  united  voice 
of  his  section. 

If  then  he  is  guilty,  so  are  we.  We  were  the  princi- 
pals, he  was  our  agent.  Let  not  the  retribution  of  a 
mighty  nation  be  visited  upon  his  head,  while  we,  who 
urged  him  to  his  destiny,  are  suffered  to  escape. 

The  liberal  clemency  of  the  Government  has  been  ex- 
tended over  us;  we  breathe  the  air  and  experience  the 
blessings  of  freedom;  we  therefore  ask  that  the  leader, 
who,  in  response  to  the  democratic  instincts  of  his  na- 
ture, the  principles  of  his  party,  and  the  solicitations  of 
his  section,  became  the  head  and  front  of  our  offending, 
shall  not  be  bruised  for  our  iniquities  or  punished  for 
our  transgressions. 

Mr.  Davis  was  not  the  leader  of  a  feeble  and  tempo- 
rary insurrection;  he  was  the  representative  of  great 
ideas  and  the  exponent  of  principles  which  stirred  and 
consolidated  a  numerous  and  intelligent  people.  This 
people  was  not  his  dupe.  They  pursued  the  course  which 
they  adopted  of  their  own  free  will ;  and  he  did  not  draw 
them  on,  but  followed  after  them.  It  is  for  these  reas- 
ons that  we  invoke  the  executive  clemency  in  his  behalf. 
His  frame  is  feeble,  his  health  is  delicate;  all  broken  by 


432  Confederate    Records 

the  storms  of  State,  he  languishes  out  in  captivity  a  vi- 
carious punishment  for  the  acts  of  his  people. 

Resolved,  That  the  foregoing  memorial,  signed  by  the 
President  and  attested  by  the  Secretary  of  the  Conven- 
tion, be  transmitted  to  the  President  of  the  United  States. 

Signed  Nov.  1st,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

Authorizing  the  Governor  to  appoint  three  Commission- 
ers for  the  State,  to  enquire  into  the  finances  of  the 
State,  &c. 

1.  Resolved,  That  His  Excellency  the  Governor  be 
recommended  to  appoint  a  Commission  of  three  compe- 
tent persons  to  whom  shall  be  assigned  the  duty  of  mak- 
ing a  thorough  examination  and  investigation  of  the 
financial  operations  of  the  State,  from  the  first  January, 
1861,  to  the  present  time,  and  report  the  result  of  such 
investiaration  to  the  next  Legislature. 


^&' 


2.  That  the  Commissioners  so  appointed  shall,  be- 
fore entering  on  the  discharge  of  their  duties,  be  sworn 
faithfully  to  discharge  the  duties  of  said  Commission, 
and  be  authorized  to  administer  oaths,  send  for  per- 
sons and  papers,  and  have  power  to  compel  attendance 
of  witnesses,  and  to  require  all  financial  agents  of  the 
State  to  make  such  reports  of  their  receipts  and  dis- 


Journal  of  the  Convention  of  1865  433 

bursements  as  may  be  necessary  for  the  Commissioners 
to  arrive  at  all  the  facts  necessary  to  a  proper  discharge 
of  their  duty. 

3.  That  the  Governor  be  authorized  to  pay  such 
Commissioners  as  he  may  appoint,  a  fair  and  reason- 
able compensation  for  their  services. 

Be  it  further  resolved,  That  the  Provisional  Grovernor 
be  requested  to  take  from  Mr.  Henry  Brigham  an  as- 
signment of  all  his  interest  in  the  sixteen  hundred  and 
fifty  (1650)  bales  cotton  purchased  by  said  Henry  Brig- 
ham  from  A.  Wilbur,  agent  for  the  State  and  on  receiv- 
ing such  assignment  that  he  pay  Mr.  Brigham  any  ex- 
pense he  may  have  incurred  in  and  about  said  cotton; 
provided,  the  same  do  not  exceed  two  hundred  dollars 
(200)  and  also  deliver  up  the  notes  of  said  Brigham, 
given  for  said  cotton. 

.  Be  it  further  resolved,  That  the  Governor  and  our 
members  in  the  Senate  and  Congress  of  the  United  States 
be  respectfully  urged  to  press  the  claim  of  this  State  for 
this  cotton,  and  all  other  cotton  belonging  to  this  State, 
and  taken  possession  of  by  the  United  States  authorities. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddeli.,  Secretary. 


434  Confederate    Records 

Resolution 

Requiring  one  thousand  copies  of  Constitution  and  all 
Ordinances  and  Resolutions  of  a  public  character, 
to  be  printed  for  the  use  of  the  members  of  the  Con- 
vention. 

Resolved,  That  as  soon  as  the  Convention  have  passed 
the  Constitution  of  the  State,  one  thousand  copies  of  the 
same  be  printed  for  the  use  of  the  members  of  the  Con- 
vention ;  also,  one  thousand  copies  of  all  Ordinances  and 
Resolutions  of  a  public  character,  which  have  been  or 
shall  be  passed,  up  to  the  final  adjournment  of  the  Con- 
vention. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

In  relation  to  drawing  for  seats. 

Resolved,  That  the  Secretary  of  this  Convention  be 
instructed  to  prepare  separate  tickets  of  each  county  in 
this  State,  preparatory  for  drawing  for  seats,  and  that 
said  drawing  take  place  at  once. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 


Journal  of  the  Convention  of  1865  435 

A  Resolution 

To  provide  for  the  payment  of  Ordinaries  and  Clerks  of 
the  Courts  of  this  State  for  certain  services  ren- 
dered by  said  officers. 

Resolved,  That  in  the  opinion  of  this  Convention,  it 
is  incumbent  on  the  General  Assembly  soon  to  meet,  to 
make  early  and  just  compensation  to  the  Ordinaries  and 
Clerks  of  the  Courts  of  the  several  counties,  for  services 
rendered  in  administering  to  citizens  the  amnesty  oath 
prescribed  in  the  President's  Proclamation,  as  directed 
by  His  Excellency,  Gov.  James  Johnson,  and  that  they 
be  and  are  respectfully  requested  so  to  do. 

Signed  Nov.  8th,  1865. 

Heeschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

Tendering  seats  to  Ex-Gov.  Joseph  E.  Brown  and  others. 
Resolved,  That  Ex.-Gov.  Joseph  E.  Brown,  the  Hon. 
B.  H.  Hill,  the  Hon.  R.  P.  Trippe,  Hon.  H.  V.  M.  Miller, 
and  Brig.-Gen.  A.  R.  Wright,  be  tendered  seats  in  this 
Hall. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 
Attest : 

J.  D.  Waddell,  Secretary.  .; 


436  Confederate   Eecobds 

A  Resolution 

That  Committee  of  16  take  into  consideration  the  neces- 
sity of  organizing  temporary  organizations  of  mi- 
litia in  each  county. 

Resolved,  That  a  committee  be  appointed  of  one  from 
each  Judicial  District,  who  are  hereby  instructed  to  take 
into  consideration  the  necessity  of  providing  for  the  tem- 
porary organization  of  one  or  more  militia  companies  in 
each  county  in  the  State,  and  report  to  this  Convention 
by  ordinance  or  otherwise. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddelij,  Secretary. 

A  Resolution 

Authorizing  the  President  of  the  Convention  to  appoint 
enrolling  and  auditing  committee. 

Resolved,  That  the  President  of  this  Convention  be 
authorized  to  appoint  two  standing  committees,  to  con- 
sist of  five  delegates  each,  to  be  known  as  the  Committee 
on  Enrollment  and  the  Auditing  Committee. 

Signed  Nov.  7th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 


;  joubnal  of  the  convention  of  1865  437 

Eesolution 

Authorizing  Secretary  to  appoint  three  Assistants  and 
that  they  be  sworn. 

Resolved,  That  in  accordance  with  the  rules  of  this 
Convention,  requiring  the  Assistant  Secretary  and  En- 
grossing and  Enrolling  Clerks  to  be  sworn ;  the  Secretary 
be  authorized  to  appoint  such  Assistant  and  Clerks,  and 
that  they  be  sworn  accordingly. 

Signed  Nov.  3d,  1865. 

'   Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

A  Resolution 

Respecting  economy  and  condemning  the  multiplication 
of  unnecessary  officers. 

Whereas,  Economy  in  the  public  expenditure  is  an 
element  of  strength  in  Republican  Governments, 

Resolved,  That  the  multiplication  of  unnecessary  offi- 
cers is  condemned  by  the  people  of  Georgia. 

Resolved,  That  this  Convention  respectfully,  but  earn- 
estly recommends  to  the  General  Assembly,  whose  duty 
it  shall  be  to  fix  by  law,  the  salaries  of  Executive,  Legis- 
lative and  Judiciary  officers,  that  said  salaries  ought  not 


438  Confederate    Records 

to  exceed  adequate  compensation  for  services  actually 
rendered. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

Of  thanks  to  the  Governor,  and  authorizing  him  to  pay 
for  printing,  &c. 

Resolved),  That  the  thanks  of  this  Convention  be  ten- 
dered to  His  Excellency  the  Provisional  Governor  for 
his  acceptance  of  the  Office,  for  the  considerate  kindness 
with  which  he  has  administered  its  delicate  and  difficult 
details  and  for  his  courtesy  to  this  body. 

2.  That  His  Excellency  be  requested  to  forward  to 
the  President  of  the  United  States,  copies  of  the  repeal- 
ing ordinance,  and  of  such  other  ordinances  and  resolu- 
tions as  he  may  deem  proper;  also,  copies  of  the  Consti- 
tution and  the  address  to  the  President  adopted  by  the 
Convention. 

3.  That  His  Excellency  the  Governor  be  requested 
to  draw  his  warrant  or  warrants  upon  the  Treasiirer  in 
payment  of  the  accounts  for  printing  ordered  by  this 
Convention,  and  also  the  printing  of  blanks  furnished 
Ordinaries  to  administer  the  amnesty  oath,  at  the  rates 


Journal  of  the  Convention  of  1865  439 

fixed  by  law,  as  the  same  may  be  executed,  if  there  be 
funds  in  the  Treasury  to  meet  said  demands. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

A  Resolution 

To  notify  His  Excellency,  the  Governor,  that  this  Con- 
vention have  agreed  to  adjourn  at  12  o'clock,  meri- 
dian, this  day,  and  if  he  has  any  further  communica- 
tion to  make. 

Resolved,  That  a  committee  of  three  be  appointed  to 
notify  His  Excellency  the  Governor  that  this  Convention 
have  agreed  to  adjourn  this  day  at  12  o'clock,  meridian, 
and  to  enquire  if,  in  the  meantime,  he  has  any  further 
communications  to  make. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


440  Confederate    Records 

Resolution 

To  pay  Rev.  Mr.  Flinn  fifty  dollars  for  his  services  as 
Chaplain  of  this  Convention. 

Resolved,  That  His  Excellency  the  Governor  be,  and 
is,  hereby  authorized  and  requested  to  draw  his  warrant 
on  the  Treasurer  in  favor  of  the  Rev.  W.  Flinn  for  the 
sum  of  fifty  dollars  for  his  services  rendered  as  Chaplain 
of  this  Convention. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

A  Resolution 

To  print  500  copies  of  the  Report  of  the  Comptroller- 
General. 

Resolved,  That  five  hundred  copies  of  the  Annual  Re- 
port of  the  Comptroller-General,  made  to  the  Governor 
on  the  10th  inst.,  be  printed  for  the  use  of  this  Conven- 
tion. 

Signed  Nov.  6th,  1865. 

Herschel  V.  Johnson,  President. 

Attest: 

J.  D.  Waddell,  Secretary. 


jouenal  of  the  convention  of  1865  441 

Eesolution 

Of  thanks  to  the  Secretary  and  his  Assistants. 

Resolved,  That  the  thanks  of  this  Convention  are  ten- 
dered to  the  Secretary  and  his  Assistants  for  the  faithful 
discharge  of  their  duties,  and  their  polite  and  gentle- 
manly bearing  in  their  intercourse  with  this  body. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 

Resolution 

Of  thanks  to  the  President  of  this  Convention,  the  Hon. 
H.  V.  Johnson. 

Resolved,  That  the  thanks  of  this  Convention  are  due, 
and  are  hereby  tendered  to  the  President  of  this  Conven- 
tion, the  Hon.  H.  V.  Johnson,  for  the  ability,  impartiality 
and  courtesy  that  have  characterized  his  administration 
as  our  presiding  officer. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


442  confedebate    records 

Resolution 

Of  thanks  to  the  committee  of  sixteen. 

Resolved,  That  the  thanks  of  this  Convention  be,  and 
they  are,  hereby  tendered  to  the  committee  of  sixteen, 
appointed  to  prepare  and  report  business  for  this  Con- 
vention, for  the  diligence,  ability  and  untiring  zeal  dis- 
played in  the  very  laborious  and  satisfactory  discharge 
of  the  duties  devolved  upon  them. 

Signed  Nov.  8th,  1865. 

Herschel  V.  Johnson,  President. 

Attest : 

J.  D.  Waddell,  Secretary. 


GOVERNOR  CHARLES  J.  JENKINS. 

(From  State  Archives.) 


THURSDAY,  DECEMBER  14tli,  1865. 

Executive  Depaktment, 

MiLLEDGEviLLE,  Ga.,  December  14,  1865. 

His  Excellency  Charles  J.  Jenkins,  of  the  County  of 
Richmond,  elected  by  the  people  on  the  15th  of  No- 
vember last.  Governor  and  Commander-in-Chief  of 
the  Army  and  Navy  of  this  State  and  of  the  Militia 
thereof,  to  serve  until  the  election  and  qualification  of 
his  successor,  was  this  day,  at  12  o'clock  M.,  inaugu- 
rated in  the  Representative  chamber,  at  the  Capitol  in 
Milledgeville,  and  being  conducted  by  a  committee  to  the 
executive  office,  entered  upon  the  discharge  of  his  duties. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Departm&nt, 
Milledgeville,  Ga.,  December  15,  1865. 

To  THE  Geneeal  Assembly  : 

I  respectfully  suggest  to  you  the  importance  of  pass- 
ing, before  your  contemplated  recess,  an  act  providing 


444  Confederate    Records 

for  the  admission  of  the  testimony  of  free  persons  of 
color  into  the  courts  of  the  State,  with  such  limitations 
as  your  wisdom  may  devise. 

Convinced  as  I  am  that  such  a  measure  is  not  only 
right  in  itself,  but  necessary  to  the  full  restoration  of 
civil  authority  in  Georgia,  I  earnestly  request  your  early 
consideration  of  the  subject. 

Many  of  our  citizens  now  charged  with  crime  or  mis- 
demeanor will  probably  be  remitted  to  the  civil  tribunals 
for  trial,  if  such  an  act  be  passed,  who  will  otherwise  be 
tried  by  military  courts.  Without  intending  to  insinuate 
ought  against  the  latter,  I  may  remark  that  trial  by  the 
former  is  more  in  accordance  with  the  genius  of  our 
institutions  and  the  experience  of  our  people. 

Respectfully,  etc., 

Charles  J.  Jenkins. 


WEDNESDAY,  DECEMBER  20th,  1865. 

The  following  telegram  from  Hon.  Wm.  H.  Seward  to 
His  Excellency  James  Johnson,  Provisional  Governor  of 
Georgia,  was  this  day  communicated  to  His  Excellency 
Charles  J.  Jenkins,  Constitutional  Governor  of  Georgia, 
to-wit: 


Governor  Charles  J.  Jenkins  445 

Washington,  December  19th,  1865. 
Received  at  Milledgeville,  December  20th,  1865. 
His  Excellency  James  Johnson, 

Provisional  Governor  of  Georgia. 

Sir:  The  time  has  arrived  when,  in  the  judgment  of 
the  President  of  the  United  States,  the  care  and  conduct 
of  the  proper  affairs  of  the  State  of  Georgia  may  be 
remitted  to  the  Constitutional  authorities,  chosen  by  the 
people  thereof,  without  danger  to  the  peace  and  safety 
of  the  United  States.  By  direction  of  the  President, 
therefore,  you  are  relieved  from  the  trust  whieti  was 
heretofore  reposed  in  you  as  Provisional  Governor  of 
the  State  of  Georgia.  Whenever  the  Governor-elect  shall 
have  accepted  and  become  qualified  to  discharge  the 
duties  of  the  Executive  office,  you  will  transfer  the  papers 
and  property  of  the  State  now  in  your  custody  to  His 
Excellency  the  Governor-elect. 

It  gives  me  especial  pleasure  to  convey  to  you  the 
President's  acknowledgements  of  the  fidelity,  the  loyalty 
and  discretion  which  have  marked  your  administration. 

You  will  please  give  me  a  reply  specifying  the  day 
on  which  this  communication  is  received. 

I  have  the  honor  to  be  Your  Excellency's  most  obedi- 
ent servant, 

Wm.  H.  Seward. 


446  Confederate   Eecords 

WEDNESDAY,  DECEMBER  20th,  1865. 

The  following  telegram  was  received  from  Hon.  Wm. 
H.  Seward,  to-wit : 

Washington,  D.  C,  Dec.  19,  1865. 
Received  at  Milledgeville,  Dec.  20th,  1865. 

His  Excellency,  the  Governor  of  the  State  of  Georgia, 

Sir  :  By  direction  of  the  President,  I  have  the  honor 
herewith  to  transmit  to  you  a  copy  of  a  communication 
which  has  been  addressed  to  His  Excellency  James  John- 
son, late  Provisional  Governor  of  Georgia,  whereby  he 
has  been  relieved  of  the  trust  heretofore  reposed  in  him 
and  directed  to  deliver  into  Your  Excellency's  possession 
the  papers  and  property  relating  to  the  trust. 

I  have  the  honor  to  tender  you  the  co-operation  of 
the  government  of  the  United  States  whenever  it  may  be 
found  necessary  in  effecting  the  early  restoration  and 
the  permanent  prosperity  and  welfare  of  the  State  over 
which  you  have  been  called  to  preside. 

I  have  the  honor  to  be,  with  great  respect,  your  most 
obedient  servant, 

W.  H.  Seward. 


GovEBNOR  Chables  J.  Jenkins  447 

THURSDAY,  DECEMBER  21st,  1865. 

The  following  dispatch  was  sent  to  Hon.  Wm.  H. 
Seward  in  reply  to  the  a}x)ve,  to-wit : 

Executive  Department, 
MiLLEDGEviLLE,  Ga.,  December  21st,  1865. 

To  THE  Hon.  Wm.  H.  Seward, 

Secretary  of  State,  U.  S. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of 
your  telegram  of  the  19th  inst.,  together  with  a  copy  of 
a  communication  to  His  Excellency  James  Johnson,  late 
Provisional  Governor  of  Georgia. 

Be  pleased  to  tender  to  His  Excellency  the  President 
my  grateful  return  for  his  recognition  of  the  official  posi- 
tion in  which  the  people  of  Georgia  have  placed  me,  and 
assure  him  of  my  fixed  purpose  to  observe  and  obey  as 
well  the  Constitution  of  the  United  States  as  the  Consti- 
tution of  the  State  of  Georgia.  Express  to  him  also  my 
thanks  for  the  offered  co-operation  of  the  government  of 
the  United  States  in  effecting  the  early  restoration  and 
permanent  prosperity  and  welfare  of  the  State.  Upon 
his  co-operation  our  people  build  earnest  hope  of  a 
speedy  return  to  suspended  relations  with  the  other 
States  of  the  Union. 

I  have,  sir,  the  honor  to  be,  very  respectfully,  your 
obedient  servant, 

Charles  J.  Jenkins. 


448-  Confederate    Records 

MONDAY,  JANUARY  15th,  1866. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Department, 
MiLLEDGEviLLE,  January  15th,  1866. 

Senators  and  Representatives: 

Accept  my  greeting,  upon  the  resumption  of  your 
duties,  after  a  brief  recess.  During  that  interval,  sup- 
posed by  some  to  be  fraught  with  peril,  although  there 
have  occurred,  in  different  localities,  shocking  exhibi- 
tions of  crime,  we  have  witnessed  no  general  or  concerted 
disturbance  of  public  tranquility.  Doubtless  this  experi- 
ence will  awaken  in  all  hearts  renewed  gratitude  to,  and 
trust  in,  an  over-ruling  Providence;  and  encourage  per- 
sistent effort  to  recreate,  from  our  recent  chaotic  condi- 
tion, social  order,  and  prosperous  domestic  economy. 

Within  a  week  after  your  adjourmnent.  His  Excel- 
lency, the  President  of  the  United  States,  was  pleased 
to  relieve  of  his  trust  His  Excellency  the  late  Provisional 
Governor,  and  to  remit  the  government  of  the  State  of 
Georgia  into  the  hands  of  the  chosen  agents  of  the  people. 
This  was  certainly  a  cheering  advance  in  his  restorative 
policy,  and  illustrates  both  the  kindness  of  his  purposes, 
and  the  wisdom  of  your  patient  waiting  and  prudent 
action. 

During  nearly  the  whole  period  of  your  absence  from 
the  Capitol,  tlie  Congress  of  the  United  States  has  like- 
wise been  in  recess,  and  there  have  therefore  been  no 
decided  demonstrations  of  the  policy  that  will  be  pursued 


Governor  Charles  J.  Jenkins  449 

by  that  brancli  of  the  Federal  Government.  But  enough 
has  transpired  to  justify  the  expectation,  that  not  many 
months  will  elapse  before  our  people  will  be  represented 
in  the  Halls  of  Congress.  As  surely  as  the  laying  of  a 
foundation  gives  promise  of  a  superstructure,  just  so 
surely  are  we  guaranteed  an  early  restoration  to  all  of 
our  rights  as  members  of  the  American  Union. 

In  popular  governments,  the  highest  legislative  func- 
tion is  that  of  framing  or  altering  a  written  Constitution. 
History  furnishes  no  record  of  a  people,  not  only  per- 
mitted, but  urgently  invited,  to  participate  in  the  exercise 
of  this  high  function,  actually  exercising  it,  and  then 
arbitrarily  denied  participation  in  the  ordinary  legisla- 
tion springing  out  of  it.  An  amendment  of  the  Constitu- 
tion of  the  United  States  has  been  proposed  by  the  Con- 
gress, in  the  mode  prescribed  by  that  instrument,  to  the 
Legislatures  of  the  several  States,  and  its  adoption  de- 
pended upon  the  concurrence  of  the  Legislatures  of  three- 
fourths  of  those  States.  These  bodies  assumed,  seriatim, 
as  they  came  into  session,  to  act  upon  it;  those  States 
which  had  never  separated  or  attempted  to  separate 
themselves  from  the  Union,  and  whose  governments 
therefore  had  never  suffered  disorganization,  acting  first. 
A  point  was  reached  when  a  concurrence  of  the  requisite 
number  had  not  been  attained,  and  possibly  might  not 
be.  At  this  juncture.  States,  situated  as  was  Georgia, 
were  one  after  another  getting  again  into  an  organized 
condition ;  and  their  Legislatures,  upon  their  assemblage, 
were  distinctly  invited,  by  Federal  authority,  to  take 
action  upon  this  very  important  amendment.  Most,  if 
not  all  of  them,  among  whom  was  Georgia,  not  only  acted 
but  gave  their  concurrence.  A  proclamation  has  gone 
forth,  announcing  formally,  that  the  proposed  amend- 


450  Confederate    Records 

ment  had  been  adopted  by  the  Legislatures  of  three- 
fourths  of  the  States,  the  names  of  which  are  set  forth. 
In  this  catalogue  are  embraced  Georgia  and  several  other 
States  not  recently  represented  in  Congress,  but  now 
prepared  and  desirous  to  be  so  represented.  Strike  their 
names  from  the  catalogue  of  the  proclamation,  and  it 
would  have  no  constitutional  basis  upon  which  to  rest. 
If  those  States  be  not  in  the  Union,  the  Federal  theory 
upon  which  the  war  was  waged  is  wrong — and  they  could 
not  rightfully  have  voted  on  the  adoption  of  the  amend- 
ment. Yet  their  votes  were  distinctly  solicited,  have 
been  counted,  and  have  given  it  the  desired  sanction. 

Shall  it  be  said  of  a  Confederate  Republic,  that  cer- 
tain States  were  in  the  Union  for  one  purpose,  and  out 
of  it  for  all  others — that  whilst  invited  to  participate,  and 
actually  participating,  in  the  making  of  fundamental  law, 
they  were  incapable  of  participation  in  the  most  trivial 
act  of  ordinary  legislation — that  whilst  they,  with  other 
States,  ordained  that  certain  things  be  done  by  the 
National  Legislature,  they  can  have  neither  part  nor  lot 
In  the  doing  of  them?  Imagine  the  criticism  upon  repub- 
lican government  which  such  a  state  of  things  would 
envoke  from  monarchists  of  the  old  world.  Let  us  not 
anticipate  this  result.  It  would  be  too  great  an  outrage 
upon  the  excluded  States — too  disturbing  to  the  self-re- 
spect of  the  actors — too  damaging  to  free  institutions — 
if  not  too  high  a  crime  against  them,  at  least  too  con- 
spicuous a  blunder  in  the  legislation  of  their  chief  exem- 
plar. Such  an  idea  may  possibly  possess  the  minds  of 
few  persons,  having  peculiar  intellectual  and  moral  idio- 
syncracies,  but  surely,  will  never  control  the  action  of 
the  Congress  of  the  United  States.  Then  let  us  not  be 
so  uncharitable  as  to  harbor  the  suspicion.     Being  recog- 


Governor  Charles  J.  Jenkins  451 

nized  Constitution-makers  for  the  Union,  we  shall  be,  ere 
long,  legislators  in  the  Union.  I  have  said  thus  much 
on  the  subject,  because  of  the  disquiet  it  produces  in  the 
public  mind,  which  I  would  fain  aid  in  allaying. 

Report  of  the  Commission, 

The  commission  appointed  by  the  convention  which 
met  in  October  last,  to  prepare  for  your  consideration  a 
code  or  system  of  laws  for  the  government  and  protec- 
tion of  persons  recently  emancipated  from  slavery,  and 
for  other  purposes,  have  reported,  and  I  transmit  a  copy 
of  their  report  herewith.  Without  dwelling  upon  its 
provisions  in  detail,  I  take  great  pleasure  in  commend- 
ing it,  as  a  whole,  to  your  most  favorable  consideration. 
It  is  just  and  liberal,  as  it  should  be,  to  the  freedman. 
It  is  safe,  as  it  should  be,  to  the  citizen.  It  extends  no 
political  rights  to  the  former,  but  it  gives  ample  security 
to  his  rights  of  person  and  of  property.  Like  a  great 
majority  of  the  States  which  never  admitted,  or  have 
long  since  abolished  slavery,  we  are  wholly  averse  to 
investing  him  with  political  rights  and  privileges.  For 
that  very  reason,  we  are  under  the  highest  conceivable 
obligation  to  protect  him  in  his  rights  of  person  and 
property,  and  to  aid,  by  all  just  means,  his  advance  to 
civilization.  This  aid  we  gave  him,  this  advance  we 
effected  for  him,  whilst  in  slavery.  Why  should  it  be 
withheld  now?  Whilst  we  insist  upon  occupying,  in  re- 
lation to  those  persons,  the  position  of  the  governing 
class,  let  us  fully  and  fairly  meet  its  responsibilities. 

With  the  original  report,  I  also  transmit  a  copy  of  it 
with  alterations  suggested  by  the  commissioners  them- 
selves, upon  revision,  I  invoke  for  the  product  of  their 
labors  careful  examination,  divested  of  all  lingering  prej- 


452  Confederate    Records 

udices,  engendered  in  a  system  which  has  passed  from 
us  forever.  The  commissioners  have  earned  your  grati- 
tude, as  well  as  the  compensation  suggested  by  the  con- 
vention, which  it  will  be  your  pleasure  to  make. 

The  Western  and  Atlantic  Railroad. 

This  very  valuable  item  of  State  property  has,  as  you 
are  well  aware,  suffered  great  detriment  from  the  war. 
Tiie  government  of  the  United  States,  upon  taking  pos- 
session of  it,  through  the  military  authorities,  made  such 
repairs  as  were  necessary  to  make  it  available  for  their 
own  uses,  but  these  were  not  of  a  permanent  or  substan- 
tial character.  When  delivered  to  the  State  authorities 
in  September  last,  not  only  was  the  condition  of  the  road 
itself  bad,  but  there  was  an  almost  entire  destitution  of 
rolling  stock,  machine  shops  for  repairs  of  locomotives 
and  cars,  material  to  be  used  in  them,  ordinary  supplies 
and  fuel.  The  report  of  the  Superintendent  (which  will 
be  laid  before  you  as  soon  as  received)  will  inform  you 
that  he  purchased  of  the  articles  above  enumerated  from 
the  United  States  government  upon  terms  stated,  a  very 
considerable  quantity,  the  cost  of  which  was  little  short 
of  four  hundred  thousand  dollars.  Although  this  pur- 
chase  involved  the  assumption  of  a  large  discretion,  when 
it  is  considered  that  there  was  at  that  time  no  higher 
authority  emanating  from  the  people  which  could  be  con- 
sulted— that,  without  the  property  purchased,  the  road, 
so  necessary  to  commerce  and  to  the  supply  of  the  wants 
of  the  people,  could  not  have  been  operated — that  it  could 
not  have  been  purchased  elsewhere  on  a  credit,  and  there- 
fore not  at  all — and  that  even  in  its  dilapidated  state,  the 
road,  in  the  short  space  of  two  months,  yielded  a  net  in- 


Governor  Charles  J.  Jenkins  453 

come  exceeding  one-half  the  amount  of  the  purchases — 
the  wisdom  of  the  act  will  be  fully  exemplified. 

But  large  as  this  outlay,  it  falls  far  short  of  what 
must  yet  be  expended  to  repair  the  damages,  and  put  the 
road  in  a  condition  to  meet  the  demands  upon  it  in  the 
transportation  of  passengers  and  freight.  Several  of 
the  largest  bridges  were  destroyed  and  must  be  rebuilt. 
Three  of  the  temporary  structures  erected  to  supply  their 
places,  have  been  either  swept  away  or  greatly  damaged 
by  freshets  during  your  recess;  so  that  no  trains  can  now 
run  continuously  between  Atlanta  and  Chattanooga. 
Daily  communication  in  both  directions  is  indeed  main- 
tained, but  at  much  trouble  and  expense,  and  with  greatly 
diminished  income.  The  night  trains  are  now  unavoid- 
ably dispensed  with.  I  doubt  not  you  will  be  admonished 
by  this  unfortunate  result,  of  the  necessity  of  making 
speedily  such  expenditure  as  will  effectually  prevent  its 
recurrence. 

The  funds  necessary  to  the  object  must  be  raised  upon 
the  credit  of  the  State.  So  soon  as  I  am  furnished  with 
an  estimate  of  the  probable  cost,  I  will  lay  it  before  you 
for  consideration.  You  will,  I  am  persuaded,  feel  no 
hesitation  in  incurring  such  debt  as  may  be  necessary 
for  the  purpose,  in  view  of  the  assurance  furnished  by 
its  past  operations,  that  the  road  will  soon  work  out  its 
own  redemption,  and  then  resume  its  suspended  function 
of  feeder  to  your  treasury.  Nothing  now  is  needed  to 
make  it  a  source  of  immense  revenue,  than  solid,  per- 
manent improvements,  motive  capacity  corresponding  to 
its  position  in  connecting  lines  of  railroad,  and  skillful 
management.  All  this  Georgia  can  supply,  and  will, 
without  unnecessary  delay,  if  true  to  herself. 


454  CONFEDEKATE     ReCOEDS 

The  last  mentioned  condition  of  its  success,  skillful 
management,  demands  present  consideration.  Although 
I  should  derive  from  it  incalculable  personal  relief,  I  can 
not  concur  in  the  suggestion,  that  the  management  of 
this  great  public  interest  should  be  transferred  to  a  board 
of  commissioners,  to  be  elected  by  the  people,  or  by  the 
General  Assembly.  In  discharging  the  responsible  duty 
of  **  giving  you  from  time  to  time  information  of  the  state 
of  the  republic,  and  of  recommending  to  your  considera- 
tion such  measures  as  I  may  deem  expedient,"  I  shall 
yield  neither  to  suggestions  of  morbid  delicacy,  nor  to 
the  fear  of  being  reproached  with  lust  of  power.  In  dis- 
cussing the  relative  merits  of  the  present  and  the  pro- 
posed schemes  for  the  management  of  the  road,  both  of 
which  have  been  brought  to  experimental  test,  the  former 
finds  abundant  support  in  the  fact,  which  I  think  will 
scarcely  be  contested,  that  the  greatest  success  has  been 
achieved  under  it.  But  I  rest  not  the  argument  on  this 
alone.  With  a  board  of  commissioners,  you  will  have 
divided  responsibility,  divided  counsels,  bickerings,  crim- 
inations and  recriminations,  and  the  inevitable  loss  of 
respect  for  the  immediately  controlling  authority.  Be 
that  authority  vested  in  one,  or  in  many,  he  or  they  exer- 
cising it  must  be  so  compensated  that  other  avocations 
may  be  entirely  abandoned,  and  the  whole  time  given  to 
the  work.  If  there  be  several  inadequately  compensated, 
each  will  look  to  some  other  employment  to  supply  his 
deficiency  of  income,  and  to  his  associates  to  supply  his 
deficiency  of  attention  to  their  joint  trust,  and  thus  a 
great  interest  will  receive  little  faithful  supervision.  All 
can  not  be  adequately  compensated  for  the  yielding  of 
their  whole  time,  without  incurring  enormous  expense. 
This,  however,  is  the  least  substantial  objection. 


Governor  Cha^rles  J.  Jenkins  455 

It  will  be  conceded  that  capacity  for  the  management 
of  so  vast  a  business  can  only  be  fully  ascertained  by 
trial.  Wlioever  may  be  entrusted  with  it,  or  however 
appointed,  should  be  subject  to  removal  instantaneously 
that  in  capacity,  or  infidelity,  was  developed ;  and  usually 
the  powers  of  appointment  and  removal  are  placed  to- 
gether. The  people,  in  the  nature  of  things,  could  not 
exercise  the  removing  power.  The  General  Assembly 
are  not  in  session  one-sixth  of  time,  in  an  average  of 
years,  and  when  in  recess,  can  not  convene  of  their  own 
pleasure,  and  therefore  are  unfit  depositories  of  the  re- 
moving power.  If  this  were  separated  from  the  appoint- 
ing power  and  vested  in  the  executive,  (supposed  to  be 
always  in  place),  difficulties  still  present  themselves. 
First,  there  would  be  danger  of  antagonisms  arising  be- 
tween the  executive  and  legislative  departments,  or  be- 
tween the  former  and  the  great  body  of  the  people, 
which  would  be  unfortunate.  Secondly,  vacancies  made 
should  be  speedily  filled,  but  this  could  only  be  done  by 
giving  to  the  Governor  the  power  of  appointment  for  an 
interval  longer  or  shorter,  according  to  circumstances; 
and  thus  by  a  free  exercise  of  the  power  of  removal,  he 
might  at  last  draw  to  himself,  in  a  good  degree,  that  of 
appointment.  This,  too,  would  occasion  jealousy  and 
dissatisfaction.  To  my  mind  it  seems  abundantly  clear, 
that  system  is  the  best,  for  such  an  enterprise,  which 
most  certainly  fixes  personal  responsibility,  and  most 
effectually  secures  prompt  removal,  for  incapacity,  or 
faithfulness.  This  is  attained  by  having  all  the  respon- 
sibility of  superintendence  centered  in  one,  and  all  the 
responsibility  of  his  appointment  and  continuance  in 
office,  centered  in  an  other,  himself  immediately  account- 
able to  the  people. 


456  CONFEDEEATE     ReCOEDS 

The  qualifications  for  superintendence  and  manage- 
ment of  such  a  work  are  by  no  means  common,  and  can- 
not be  secured  without  adequate  compensation.  Lack  of 
qualification  can  not  be  supplied  by  the  mere  multiplica- 
tion of  employees.  Less  than  one-half  the  aggregate 
salaries  of  five,  and  but  little  more  than  half  the  aggre- 
gate salaries  of  three  commissioners,  placed  at  the  low- 
est rate  that  would  command  very  moderate  ability, 
would  doubtless  secure  one  Superintendent  of  high  capac- 
ity. Hoping  that  the  great  importance  of  the  subject 
will  be  regarded  as  sufficient  reason  for  giving  it  so  large 
a  space  in  this  communication,  I  leave  it,  with  the  re- 
spectful recommendation  that  very  little,  if  any  change 
be  made  in  the  present  system,  and  that  the  salary  of  the 
Superintendent  be  increased  to  such  an  extent,  as,  in 
your  judgment,  will  secure  the  highest  capacity  for  the 
position.  I  earnestly  request  early  action  upon  the 
whole  subject,  that  there  will  be  no  unnecessary  delay  in 
putting  the  road  on  the  proper  basis. 

The  Penitentiaey. 

Public  opinion  seems  to  have  been  greatly  divided 
upon  the  expediency  of  the  penitentiary  system.  The 
burning  of  several  of  the  buildings  appurtenant  to  that 
institution,  by  the  United  States'  forces  in  their  progress 
through  the  State,  has  furnished  its  opponents  with  a 
favorable  opportunity  for  attack. 

The  history  of  punitive  justice  in  the  United  States, 
and  in  Great  Britain,  from  which  our  ideas  of  jurispru- 
dence, civil  and  penal,  have  been  mainly  derived,  clearly 
develops  through  a  series  of  years,  a  perceptible  reces- 
sion from  sanguinary  and  degrading  punishments.  For 
these  have  been  substituted  punishments  of  decided  se- 


Governor  Charles  J.  Jenkins  457 

verity,  but  redeemed  by  their  connection  with  reformatory 
appliances.     Chief  among  them  is  that  of  solitary  con- 
finement at  hard  labor,  for  a  term  apportioned  to  the 
character  of  the  offence.     This,  which  makes  the  peni- 
tentiary system,  has  been  generally  adopted  in  the  States 
of  the  Union,  and  seldom,  if  ever,  abandoned  after  trial. 
Its  introduction,  always  makes  a  very  marked  change  of 
system,  and  I  am  inclined  to  think  that  the  disappoint- 
ment so  often  expressed  in  Georgia  with  its  results,  has 
been   occasioned   mainly   by   unreasonable    expectations 
entertained  in  its  inception.     The  wit  of  man  can  devise 
no  scheme  of  punitive  justice  which  will  prevent  the  com- 
mission of  crime— under  any  system  the  criminal  calen- 
dar will  increase  with  increasing  population.     If  the  sys- 
tem which  has  so  long  existed  in  Georgia  be  abandoned, 
what  shall  replace  it?     I  am  aware  of  no  other  sugges- 
tion than  a  return  to  that  which  preceded  it.     About 
thirty  years  since,  the  General  Assembly  of  Georgia  made 
this  experiment,  but  the  scenes  of  the  whipping  post, 
and  the  pillory,  and  the  exhibition  in  the  open  court  of 
the  red  hot  brand,  burning  infamy  into  human  flesh,  pro- 
duced in  one  year  such  a  revulsion  of  popular  feeling, 
that  their  immediate  successors  undid  their  work,  and 
restored  the  penitentiary.     It  may  well   be    questioned, 
whether   our  constituency  would  now   look  with   more 
equanimity    upon    such    proceedings.      In    making    the 
change  under  consideration,  the  crimes  now  punishable 
by  confinement  in  the  penitentiary,  must  be  divided  in 
two  classes— the  more  aggravated  added  to  the  list  of 
those  entailing  capital  punishment— the  other  remitted 
to  barbarous  sanctions  of  an  exploded  code.     To  the  lat- 
ter I  have  already  alluded.     In  reference  to  the  former, 
it  may  be  well  to  consider  the  probable  efficiency  of  the 


458  CONFEDEEATE     EeCOKDS 

proposed  penalty.  Statesman,  jurists  and  publicists,  of 
this  day,  agree  in  the  opinion  that  certainty,  gives  more 
efficacy  to  punishment,  than  severity.  Where  trial  by 
jury  prevails,  no  reliable  estimate  can  be  made  of  the 
certainty,  with  which  any  proposed  punishment  will  wait 
upon  crime,  without  consulting  public  opinion,  regarding 
its  propriety.  We  are  not  without  some  data  for  the 
application  of  this  test.  The  number  of  crimes  now  sub- 
jected to  capital  punishment,  in  Georgia,  is  comparatively 
small;  yet  it  is  perfectly  notorious,  (using  the  mildest 
form  of  expression,)  that  in  such  cases,  the  character  of 
the  foreseen  punishment,  marvelously  increases  the  dif- 
ficulty of  satisfying  jurors  that  the  accused  has  com- 
mitted the  crime  charged.  So  evident  is  that  feeling, 
that  your  existing  code,  provides  as  one  test  of  the  qual- 
ification of  a  juror,  before  he  is  put  upon  the  accused,  the 
question  ''are  you  conscientiously  opposed  to  capital 
punishment?"  This  test,  as  all  know,  excludes  from  the 
jury  box,  many  good,  but,  as  I  humbly  conceive,  sadly 
mistaken  men.  I  submit  whether,  in  the  face  of  such 
clear  indications  of  public  feeling,  it  be  expedient  to 
swell  the  list  of  capital  offences,  by  the  addition  of  minor 
ones.  The  horse  thief  might  well  prefer  to  go  before  the 
country  with  the  penalty  of  death  impending,  ratlier  than 
with  the  milder  one,  affixed  by  the  present  code.  This 
view  might  be  extended,  but  you  will  readily  follow  the 
train  of  thought. 

My  recommendation,  therefore,  is,  that  instead  of 
abandoning,  you  address  yourselves,  with  the  light  of 
experience,  to  the  .work  of  improving  the  system.  One 
of  its  greatest  recommendations,  theoretically,  is  that  it 
tends  to  the  reformation  of  the  convict.  This  merit  is 
wholly  denied  to  it  by  its  opponents.     The  truth  fairly 


Governor  Charles  J.  Jenkins  459 

stated,  probably  is,  that  in  this  respect  it  has  accom- 
plished less  than  was  expected.  The  practical  question 
is,  may  it  not  be  made  to  accomplish  more?  That  many 
convicts  will  prove  utterly  incorrigible  is  to  be  expected, 
and  in  most  instances  this  will  be  indicated  very  soon 
after  their  admission.  These  should  be  subjected  to  the 
hardest  labor,  and  to  the  greatest  attainable  isolation, 
thus  diminishing  their  corrupting  influence.  As  regards 
the  less  obdurate  subjects,  it  is  worthy  of  consideration 
whether  hope,  that  great  excitant  of  human  action — hope 
of  return  to  free  life,  under  favorable  auspices — hope  of 
shortened  imprisonment — hope  of  mitigation  of  its  se- 
verity while  it  lasts,  may  not  be  more  freely  and  more 
judiciously  used  as  a  reforming  agent.  Has  it  been  suf- 
ficiently considered — has  it  been  fairly  tested,  how  far 
reward  in  the  shape  of  mitigated  punishment,  may  con- 
sists with  punishment  itself  which  is  meant  to  be  reform- 
atory? Have  extraneous  good  influences  such  as  moral 
and  religious  oral  teaching,  impressive  and  well  directed 
reading — been  applied  with  sufficient  judgment  and  per- 
sistency! The  solitary  element  of  the  convict's  impris- 
onment is,  doubtless,  very  potent,  because  very  bitter. 
Its  stringent  enforcement  to  restrain  bad  influence,  and 
to  conquer  obduracy,  would  be  eminently  proper;  whilst 
its  judicious  relaxation,  as  a  reward  of  good  conduct, 
and  earnest  effort  to  amendment,  might  be  very  salutary. 

The  tendency  in  such  institutions,  as  in  schools  for 
boys,  and  higher  seminaries  of  learning,  is  to  one  unvary- 
ing disciplinary  coui'se,  regardless  of  difference  in  traits 
of  character,  or  in  degrees  of  depravity.  It  makes  the 
daily  administrative  routine  more  easy,  and  hence  the 
strong  temptation  to  it,  but  no  educator  of  the  young 


4G0  Confederate    Records 

ever  achieved  distinguished  success  under  it,  and  prison 
discipline  so  conducted,  must  fail  likewise. 

Should  you  determine  to  adhere  to  the  system,  much 
will  have  to  be  done  to  repair  the  material  injury  sus- 
tained by  the  institution,  into  which,  doubtless,  your  com- 
mittees will  enquire,  as  well  as  into  its  general  manage- 
ment, to  which  I  am  as  much  a  stranger  as  any,  and 
more  than  many  of  you. 

The  question  will  probably  arise,  whether  if  it  be  con- 
tinued, it  shall  be  rebuilt  here  or  established  anew  at 
some  other  point.  There  are  certainly  advantages  in 
having  such  an  institution  at  the  seat  of  the  government, 
which  will  readily  occur  to  the  reflecting  mind,  and  one 
great  objection  heretofore  existing  to  the  locality,  viz. : 
its  inaccessibility,  by  railroad  travel,  and  transportation, 
is  overcome  already,  and  doubtless  it  will,  ere  long,  be 
still  more  easy  of  access.  There  may,  however,  be  ad- 
vantages, in  some  other  locality,  commending  it  to  pref- 
erence. Of  this,  you,  in  your  wisdom,  will  better  deter- 
mine. Should  you  determine  to  locate  it  elsewhere,  I 
respectfully  suggest  that  the  present  site,  with  necessary 
repairs  to  the  buildings,  not  destroyed,  and  the  addition 
of  others,  involving  no  large  expenditure,  might  be  used 
advantageously,  as  a  labor  prison  for  persons  of  color 
convicted  of  certain  crimes.  Public  works  of  suitable 
descriptions,  such  as  the  tanning  of  leather,  and  the 
lower  and  more  easily  acquired  mechanic  arts,  coming 
within  the  purview  of  the  report  of  the  commissioners, 
herewith  transmitted,  might  be  advantageously  estab- 
lished there. 

By  Act  of  the  General  Assembly,  approved  December 
6th,  1862,  the  executive  was  authorized  to  establish,  in 


GovEENOR  Charles  J.  Jenkins  461 

connection  with  Messrs.  Devine,  Jones  and  Lee,  a  card 
factory,  for  the  supply  of  a  want  sorely  felt  throughout 
the  State.  The  connection  was  formed  and  the  factory 
established  on  the  penitentiary  grounds.  As  in  the 
changed  circumstances  of  the  country,  it  will  not  be  de- 
sirable to  either  party  to  continue  the  connection,  I  ad- 
vise the  appointment  of  an  agent  or  agents,  with  full 
authority  to  settle  all  matters  in  account  between  the 
parties,  and  to  divide  the  assets,  and  make  sale  of  such 
as  may  be  allotted  to  the  State. 

The  penitentiary,  if  continued  in  operation,  will 
doubtless  need  the  appropriation  of  more  or  less  money 
to  extinguish  in  whole  or  in  part  the  amount  due  it  by 
the  State  as  stated  in  the  report  of  the  principal  keeper, 
and  to  which  your  attention  is  invited. 

State  Finances. 

The  financial  condition  of  the  State,  demands  serious 
consideration,  and  wise  action.  The  currency,  in  the 
treasury,  when  hostilities  ceased,  is  utterly  worthless. 
The  functions  of  all  officers  of  the  State  government  hav- 
ing been,  for  several  months  suspended,  no  tax  has  been 
collected,  during  the  political  year  just  ended.  The  ex- 
penses incident  to  a  reorganization  of  the  government 
have  been,  thus  far,  met  by  temporary  loans,  and  these 
are  now  very  nearly  exhausted.  For  all  practical  pur- 
poses the  treasury  may  be  said  to  be  empty. 

From  what  has  already  been  said,  it  is  apparent  that 
during  the  year  upon  which  we  have  entered,  large  sums; 
must  be  expended,  in  the  revival  of  important  interest. 
In  addition  to  these,  the  arrears  due  upon  the  civil  list 
of  the  last  year,  the  interest  upon  the  public  debt,  unpaid 


462  CONFEDEEATE     RECORDS 

for  several  years,  a  portion  of  the  principal  of  that  debt, 
matured,  while  we  have  been  cut  off  from  connection  with 
the  rest  of  mankind,  and  the  necessary  expenses  of  the 
government  during  the  political  years  1866  and  1867, 
must  necessarily  be  provided  for.  I  include  the  expenses 
of  1867,  because  if  resort  be  had  to  taxation,  the  usual 
resource  for  supporting  government,  that  tax  must  be 
imposed  and  collected  in  the  present  year.  The  arrear- 
ages of  the  past,  and  the  regularly  accruing  expenses  of 
the  present  year,  can  be  met  only  by  the  sale  of  valuable 
property  possessed  by  the  State,  or  by  loans  predicted 
on  her  credit.  The  former  alternative  I  may  dismiss,  as 
an  expedient  without  advocates. 

Recourse  must,  then,  be  had  to  the  credit  of  the  State, 
and  the  practical  questions  are,  to  what  extent  and  in 
what  form  it  shall  be  used.  I  accompany  this  communi- 
cation with  a  tabular  estimate  of  money  which  will  be 
required  for  the  years  1866  and  1867,  amounting  to  $806,- 
830  for  1866,  and  $791,455  for  1867,  which  I  think  will 
admit  no  material  reduction.  Superadding  to  this  sum, 
so  much  as  j'^ou  may  determine  to  expend  in  the  recon- 
struction and  refitting,  of  the  Western  &  Atlantic  Rail- 
road, and  the  penitentiary,  and  such  other  appropria- 
tions, as  it  may  be  your  pleasure  to  make,  for  the  relief 
of  disabled  soldiers,  for  the  suffering  families  of  those 
who  fell  in  the  war,  which  present  strong  claims  upon 
our  humanity  and  gratitude,  and  for  any  other  purposes, 
you  will  be  enabled  clearly  to  estimate  the  necessities  of 
the  State.  We  may  at  once  assume  that  the  whole  out- 
lay in  money  which  you  may  determine  to  make  in  the 
political  year  now  current,  which  will  terminate  on  tho 
first  of  November  next,  must  be  borrowed,  unless  you 


GovEENOR  Charles  J.  Jenkins  463 

not  only  resort  to  taxation,  but  materially  advance  the 
payment  of  the  tax. 

Looking  to  the  year  next  ensuing,  (1867),  it  will  be 
necessary  to  determine  during  your  present  session, 
whether  you  will  provide  for  its  wants  by  levying  a  tax 
during  the  present  year,  or  whether  you  will  put  that 
burden  also  upon  the  credit  of  the  State,  and  give  to  your 
constituents,  in  their  reduced  circumstances,  another 
year's  exemption  from  State  taxation. 

It  must  be  borne  in  mind  that  there  is  upon  the  statute 
book,  an  unexecuted  law,  requiring  the  payment  of  a  tax 
in  the  year  recently  ended— unexecuted,  because  of  the 
disorganized  condition  of  the  government.  I  recommend 
the  remission  of  this  tax,  and  the  imposition  of  a  moder- 
ate one  to  be  collected  during  the  latter  part  of  the  pres- 
ent year,  when  fruits  of  its  operations  shall  have  been 
partially  realized.  In  the  tabular  estimate,  before  re- 
ferred to,  I  have  for  convenient  reference  set  forth  a 
statement,  made  up  from  the  report  of  the  late  Comp- 
troller-General—showing  what  sums  different  rate  per 
cent,  upon  the  assessed  value  of  property  in  1860,  (other 
than  slaves,)  will  yield. 

Owing  to  the  late  period  of  your  organization,  and 
the  circumstances  surrounding  you  in  your  brief  session, 
no  appropriation  of  money  for  the  civil  establishment, 
in  the  current  year  has  been  made.  The  first  quarter 
has  very  nearly  expired,  and  to  meet  its  demands  it  will 
be  necessary  to  appropriate  a  sufficient  sum,  before  a 
general  appropriation  act  can  be  matured,  and  indeed  as 
quickly  as  possible,  the  amount  of  which  can  be  deducted 
from  the  estimates  in  the  general  bill. 

Discouraging  as  is  the  present  aspect  of  our  finan- 


464  Confederate    Records 

cial  affairs,  it  may  safely  be  affirmed  that  you  may  make 
the  embarrassment  only  temporary.  The  entire  indebt- 
edness of  the  State,  clearly  ascertained,  including  its 
funded  debt,  interest  upon  it  in  arrears,  and  the  tempo- 
rary loans  effected  recently  to  put  the  government  again 
in  operation,  falls  short  of  three  millions,  five  hundred 
thousand  dollars.  If  to  this  were  added  two  million,  five 
hundred  thousand  dollars  to  repair  all  reparable  dam- 
ages, and  meet  present  necessities,  without  imposing 
heavy  burthens  upon  a  people  temporarily  exhausted  by 
protracted  war,  the  whole  amount  of  indebtedness  would 
be  six  millions  of  dollars.  The  annual  interest  upon 
this  sum,  and  the  annual  appropriations  for  the  support 
of  government,  upon  the  scale  of  estimate  here  pre- 
sented, would  not  exceed  eight  hundred  thousand  dollars. 

From  the  earnings  of  the  Western  and  Atlantic  Rail- 
road, put  in  good  working  order,  and  from  a  tax  of  one- 
eighth  of  one  per  cent.,  upon  the  property  of  our  people, 
(these  estimates  being  put  intentionally  low,)  we  may 
safely  calculate  on  an  income  of  one  million  and  fifty 
thousand  dollars,  showing  a  yearly  balance  in  the  treas- 
ury of  two  hundred  and  fifty  thousand  dollars.  This 
annual  surplus  might  be  treated  as  a  sinking  fund  for 
the  public  debt,  as  follows.  If  the  debt  be  raised  to  six 
millions  of  dollars,  (and  it  may  fall  considerably  short 
of  that  amount)  the  bonds  to  be  hereafter  issued,  in  re- 
demption of  those  matured  within  the  last  four  years, 
and  unpaid;  in  funding  the  arrears  of  interest  on  the 
funded  debt;  and  to  meet  the  pressing  necessities  of  the 
State,  will  amount  to  three  millions,  four  hundred  and 
fifty-six  thousand,  two  hundred  and  fifty  dollars.  Two 
per  cent,  upon  this  sum,  set  apart  as  a  sinking  fund  (ac- 
cumulative)  would  amount  to  sixty-nine  thousand,   one 


Governor  Charles  J.  Jenkins  465 

hundred  and  twenty-five  dollars,  which  deducted  from  the 
annual  surplus  of  two  hundred  and  fifty  thousand,  would 
leave  one  hundred  and  eighty  thousand,  eight  hundred 
and  seventy -five  dollars.     This  sum  set  apart  and  applied 
faithfully  to  the  payment  of  the  honds  now  extant,  would 
(as  a  little  calculation  will  show),  pay  their  full  amount, 
as  they  mature,  until  1872,  when  it  would  extinguish 
nearly  half;  leaving  about  three  hundred  and  seventy 
thousand  dollars  to  be  otherwise  provided  for,  six  years 
hence.     That  done,  the   annual   surplus  would  in  each 
year  extinguish  the  maturing  debt  now  existing,  and  close 
that  account  in  the  year  1881.     Meantime  the  sinking 
fund  provided,  as  proposed  for  the  newly  created  debt, 
if  faithfully  set  apart,  and  judiciously  invested,  would 
silently  but  surely  work  out  its  redemption.     One  great 
advantage  of  the  sinking  fund  is,  that  it  secures  confi- 
dence, and  opens  the  way  for  favorable  negotiations  of 
the  securities  for  which  it  may  be  provided.     But  another 
incalculable  advantage  to  the  debtor  State,  is  that  it  dis- 
tributes  the  burthen  of  payment  equally  over  all  the 
years  the  debt  has  to  run,  which,  for  that  reason,  can 
never  come,  with  a  stunning  shock  upon  the  treasury, 
and  necessitate  a  repetition  of  the  borrowing  operation. 
These  are  matters  of  calculation,  the  data  for  which  are 
found  in  the  Comptroller-General's   report,  except  the 
estimated  receipts  from  the  Western  and  Atlantic  Rail- 
road, in  which  I  have  full  confidence.     If  it  be  thought, 
sufficient  margin  has  not  been  left  for  miscellaneous  ap- 
propriations, the  reply  is,  that,  the  annual  income  will  be 
swelled  by  items  of  taxation  not  taken  into  the  account, 
and  by  dividends  on  railroad  stock,  owned  by  the  State, 
also  left  out,  because  not  immediately  available ;  whilst, 
by  the  gradual  extinction  of  the  public  debt  now  existing. 


466  CONFEDEKATE     ReCORDS 

there  will  be  a  corresponding  reduction  in  the  amount  of 
interest  to  be  annually  paid,  leaving  each  year  a  larger 
surplus. 

It  will  have  been  seen,  that  it  is  proposed  to  meet  the 
over  due  bonds  by  issuing  other  bonds,  and,  also,  to  fund 
the  interest  in  arrear.  There  is  every  reason  to  believe 
that  no  difficulty  will  occur  in  effecting  this  negotiation. 
As  evidence  of  this,  I  send  you,  herewith,  a  copy  of  a 
communication  from  Lewis  H.  Haslewood,  Esq.,  of  Lon- 
don,* chairman  of  a  committee  appointed  at  a  meeting 
of  holders  of  American  securities,  on  which  there  are 
arrears  of  interest.  The  very  liberal  proposition  is 
therein  made,  to  fund  all  the  arrears  of  interest,  and  the 
interest  to  accrue  to  January,  1867,  inclusive,  into  a 
bonded  debt,  the  sole  condition  being,  that  a  sinking  fund 
be  established  of  two  per  cent,  per  annum.  The  amount 
of  debt  represented  by  Mr.  Haslewood,  is  not  stated,  but 
is  presumed  to  include  all  the  sterling  bonds  of  the  State, 
which  amount  to  seventy-two  thousand  dollars,  and  may 
embrace  others.  If  foreign  creditors  be  willing  to  fund 
not  only  our  interest  in  arrear  on  the  first  of  July  last, 
but  that  accruing  within  eighteen  months  thereafter,  can 
it  be  supposed  our  home  creditors  will  hesitate  to  fund 
that  accruing  to  the  1st  inst.  ?  Without  an  adequate 
sinking  fund,  you  can  not  resuscitate,  promptly,  the  fal- 
len credit  of  the  State.  With  it  you  can.  Unless  it  be 
resuscitated,  you  must  either  hawk  your  bonds  about  the 
money  centers,  and  sell  them  at  an  enormous  sacrifice, 
making  a  nominal  rate  of  seven  per  cent,  equivalent  to 
from  eight  to  ten  per  cent,  and  have  your  credit  always 
depreciated ;  or  you  must  greatly  reduce  your  expenses, 


*Paper  not  found. 


GovEENOR  Chaeles  J.  Jenkins  467 

including  salaries,  to  a  standard  so  low,  as  to  banish 
from  the  service  of  the  State,  in  all  departments,  citi- 
zens of  sterling  virtue  and  ability;  or  you  must  cause 
your  constituents  to  groan  under  a  weight  of  taxation, 
which,  now,  they  are  illy  able  to  bear.  To  avoid  these 
disastrous  alternatives,  earnest,  decided  action  is  dispen- 
sable; and  it  is  high  time  that  Georgia  should  adopt  a 
judicious,  stable,  financial  system.  I  recommend,  there- 
fore, first,  that  you  authorize  the  executive,  as  the  neces- 
sities of  the  State  may  require,  and  to  that  extent  only, 
to  issue  bonds  of  the  State,  having  not  less  than  twenty, 
nor  more  than  thirty  years  to  run,  bearing  an  interest 
not  exceeding  six  per  cent.,  for  an  amount,  which  added 
to  the  existing  funded  debt,  not  yet  matured,  shall  not 
exceed  six  millions  of  dollars.  Secondly,  that  for  the 
payment  of  the  interest,  and  for  the  creation  of  a  sink- 
ing fund  (accumulative)  to  discharge  the  principal  of 
the  debt,  now  proposed  to  be  created,  of  two  per  cent, 
per  annum  on  that  principal,  so  much  of  the  annual  in- 
come of  the  Western  and  Atlantic  Railroad  as  may  be 
necessary,  be  sacredly  pledged,  and  that  this  pledge  be 
set  forth  in  the  bonds.  Thirdly,  that  to  the  extent  of 
this  pledge,  all  appropriations  hitherto  made,  for  State 
uses  and  policy,  of  that  income,  (not  involving  the  viola- 
tion of  contract,)  be  repealed. 

Should  these  recommendations'  meet  your  approval, 
it  may  be  necessary  to  contract  short  loans,  to  meet 
pressing  necessities;  but  these  may  be  extinguished,  as 
longer  ones  are  effected. 

Education. 

Hitherto  the  State  has  aided  the  cause  of  education 
chiefly,  in  two  ways,  first,  by  the  endowment  of  a  Univer- 


468  Confederate    Records 

sity,  and  secondly,  by  setting  apart  certain  funds  for 
distribution  among  the  counties  in  aid  of  common  schools. 
The  case  of  the  university  is  somewhat  peculiar  but 
readily  understood.  Its  original  permanent  endowment 
was  in  lands,  which,  with  the  consent  and  approbation 
of  the  General  Assembly,  the  Trustees  sold  on  a  credit, 
taking  bonds  and  mortgages  for  purchase  money.  Sub- 
sequently, the  State  assumed  the  collection  of  these  secu- 
rities, and  assumed  to  account  to  the  University  for  the 
funds  as  collected.  In  liquidation  of  the  resulting  trans- 
actions, the  State  transferred  to  the  university,  one  thou- 
sand shares  of  the  Bank  of  the  State  of  Georgia,  owned 
by  her,  the  par  value  being  one  hundred  thousand  dol- 
lars. The  trustees  were  expressly  forbidden  to  sell  or 
in  any  way  dispose  of  this  stock,  but  were  by  act  of  the 
General  Assembly  guaranteed  perpetually,  eight  per  cent, 
income  from  the  stock;  any  overplus  that  might  accnie 
from  annual  dividends,  enuring  to  the  benefit  of  the  in- 
stitution, and  any  deficit  of  the  eight  thousand  dollars, 
the  State  being  pledged  to  make  good.  And  this  has 
often  been  done,  no  special  appropriation  being  made  in 
each  instance,  but  the  deficit  always  paid  at  the  treasury 
by  provision  of  the  Act  authorizing  the  transfer  of  the 
stock,  and  guaranteeing  the  annual  income  from  it  of 
eight  thousand  dollars.  This  guaranty  was  doubtless  in- 
duced by  two  considerations;  first,  that,  (as  the  history 
of  the  transaction  spread  upon  the  statute  book  shows) 
the  transfer  of  the  stock,  was  intended  as  a  satisfaction 
and  settlement  of  money  collected  by  the  State  on  the 
university  bonds  and  mortgages.  Secondly,  because  in 
making  the  transfer  of  bank  stock  the  State  assumed  to 
inhibit  the  sale  of  it,  which  would  have  been  unjust,  with- 
out assurance  of  a  certain  annual  income  beyond  all  con- 
tingency.    Deficits  of  the  amount  of  the  dividend,  and 


Governor  Charles  J.  Jenkins  469 

entire  failures  of  dividends  have  always  in  good  faith 
been  responded  to  by  the  State.  One  of  the  results  of 
the  late  war  has  been,  the  utter  failure  of  the  bank  of  the 
State  of  Georgia,  and  the  consequent  extinction  of  all 
possibility  of  farther  dividends.  But  the  obligation  of 
the  State  remains  unimpaired.  There  are,  indeed,  annui- 
ties, (for  so  they  may  be  called)  in  arrear  since  the  bank 
ceased  to  declare  dividends.  I  am  not  aware  of  any 
purpose  on  the  part  of  the  trustees  to  urge,  at  this  time 
of  financial  embarrassment,  any  claim  for  these  arrears, 
and  I  trust  they  will  forbear  it  for  the  present.  But  to 
the  resumption  of  the  payment  of  the  annuity,  they  are 
clearly  entitled,  and  without  it,  can  not  keep  the  univer- 
sity in  successful  operation.  The  late  convention,  hav- 
ing the  history,  I  have  here  briefly  detailed,  fully  pre- 
sented to  them,  and  in  view  of  the  importance  of  the 
whole  subject  placed  upon  the  General  Assembly,  a  Con- 
stitutional obligation,  to  ''provide  for  the  early  resump- 
tion of  its  exercises,  (ivhich  had  been  unavoidably  sus- 
pended) by  a  permanent  endoivment  of  the  university.'' 
Eelying  upon  the  annuity  of  eight  thousand  dollars,  the 
trustees  have  re-opened  the  institution,  and  I  have,  as 
you  will  perceive,  in  the  estimates  accompanying  this 
communication,  included  this  item.  At  as  early  a  day 
as  returning  prosperity  will  permit,  it  will  doubtless  be 
the  pleasure  of  the  General  Assembly  to  make  the  per- 
manent endowment  enjoined  by  the  convention. 

In  like  manner  I  have  included  in  the  estimates,  the 
sum  usually  accruing  from  dividends  on  bank  stocks,  set 
apart  for  the  purposes  of  common  school  education. 
This  like  the  other,  and  like  the  noble  charities  in  be- 
half of  the  insane  and  the  blind,  is  too  important,  and 
too  sacred  a  charge  to  be  permitted  to  languish  and  die 


470  Confederate    Kecords 

for  want  of  aliment,  even  in  times  such  as  these.  I 
trust  the  time  is  not  far  distance,  when  much  more  can 
and  will  be  done  by  the  State  for  the  education  of  the 
masses',  and  for  the  relief  and  comfort  of  those  bereft 
of  the  natural  senses,  or  still  worse,  of  reason.  Perhaps 
all  we  can  do  now,  is  to  keep  these  institutions  alive  that 
they  may  hereafter  receive  proj^er  nurture,  and  fulfil 
their  missions. 

Laws  Regulating  Interest. 

I  respectfully  invite  the  attention  of  the  General  As- 
sembly to  the  whole  subject  of  legal  interest  on  money. 
There  is  no  greater  vice  in  government  than  governing 
too  much.  Undue  interference  with  an  individual's  use 
of  his  property,  or  with  transactions  between  individuals, 
wherein  each  seeks,  without  covinous  practices,  to  ad- 
vance his  own  interest,  always  affects  injuriously  the 
general  welfare.  Hence,  good  governments  do  not  seek 
to  fij:  prices  of  articles,  either  of  necessity  or  of  luxury; 
nor  do  they  attempt  to  fix  the  compensation  to  be  paid 
by  one  man  for  the  temporary  use  of  another's  property. 
Money,  or  rather  the  use  of  it,  is  as  distinctly  a  subject 
of  value,  and  its  value  is  fluctuating,  as  the  use  or  occu- 
pation of  a  tenement,  or  the  hire  of  a  horse,  or  other 
chattel.  Yet  while  rent  and  hire  are  left  to  be  regu- 
lated by  contracting  parties,  interest  on  money  is  fixed 
by  law,  and  that  law  enforced  by  vindicatory  sanctions. 
I  am  unable  to  perceive  on  what  principle  this  difference 
rests.  The  usual  pretext  is,  that  the  restraint  is  a  nec- 
essary protection  to  the  needy  against  the  usurer.  But 
does  he  require  it  more  than  another  child  of  want,  who 
can  procure  no  sheltering  roof  for  his  family,  by  reason 
of  the  occasional  appreciation  of  rents?     Does  he  re- 


Governor  Charles  J.  Jenkins  471 

quire  it  more  than  another  unfortunate,  who,  at  times, 
can  not  give  his  family  bread  by  reason  of  the  high  price 
of  provisions?  Sound  political  economy  and  right  rea- 
son are  against  all  such  interferences  with  prices  and 
values  in  commercial  transactions.  There  are  times 
when  the  use  of  money  is  worth  much  more  than  at  others. 
With  us  it  is  really  worth  less  than  the  legal  rate  of  in- 
terest, but  is  often  worth  more.  The  policy  of  usury 
laws  generally  is,  to  place  the  legal  rate  of  interest  at 
the  lowest  point  to  which,  in  a  series  of  years,  it  would 
go  if  untrammelled,  and  to  keep  it  there,  despite  the 
varying  relations  of  demand  and  supply.  Hence,  law- 
abiding  capitalist  usually  prefer  other  modes  of  employ- 
ing money.  Active  capital,  like  running  water,  will  al- 
ways leave  an  obstructed  for  an  unobstructed  channel 
open  to  it.  But  experience  proves  that  usury  laws,  as  a 
general  rule,  are  only  obstructions,  in  money  lend- 
ing, to  conscientious  or  to  cautious  men.  Their 
withdrawal,  leaves  a  more  open  tield  to  the  un- 
scrupulous and  the  daring,  enabling  them  to  extort  from 
the  borrowing  class  higher  rates  than  with  free  compe- 
tition could  be  maintained..  Thus  it  appears  to  me  the 
restraint  imposed  upon  this  branch  of  business  is  not 
only  wrong  in  principle,  but  fails  to  afford  the  intended 
protection.  There  is  at  this  time  in  Georgia  a  great 
want  of  money.  Some  need  it  to  revive  a  suspended 
business — other  to  commence  a  new,  in  place  of  an  old 
enterprise,  utterly  broken  up.  The  capitalist  abroad 
would  bring  his  money  here,  if  we  were  allowed  to  charge 
for  its  use  what  it  is  worth,  without  incurring  forfeiture. 
It  is  probably  wise,  however,  for  any  people  to  make 
decided  changes  in  their  monetary  system  gradually. 

I  suggest  for  your  consideration,  the  expediency  of 


472  CONFEDEEATE     RECORDS 

SO  modifying  the  law  on  this  subject  as  to  make  seven 
per  cent,  the  legal  rate,  where  interest  is  chargeable  ac- 
cording to  law,  and  no  rate  fixed  by  contract ;  and  to  pro- 
vide further,  that  any  rate  of  interest  not  exceeding  ten 
per  cent,  may  be  established  by,  and  collected  under,  a 
contract,  for  the  payment  of  money.  This  advance  will 
probably  be  sufficient  to  test  practically  the  merit  of  the 
proposed  change,  and  it  will  be  easy  from  this  point  to 
recede  or  advance  further,  as  experience  may  dictate. 

Increase  of  Pauperism. 

Owing  to  the  sudden  emancipation  of  persons  of  color, 
and  their  consequent  deprivation  of  unfailing  provision, 
hitherto  enjoyed,  for  their  wants,  whether  in  infancy,  in 
old  age,  or  in  sickness,  there  will  probably  be  for  a  time 
at  least  a  great  increase  of  pauperism.  Against  its 
growth  from  idleness  or  vice,  stringent  legal  penalties 
should  be  directed,  and  for  such  cases  probably  sufficient 
guards  are  provided  in  the  new  code.  But  for  the  un- 
avoidable poverty  and  destitution,  involving  no  degree 
of  criminality,  provision  must  be  made.  Your  constitu- 
ents, by  the  very  act  of  emancipation  which  originates 
this  new  burthen,  have  been  in  a  great  degree  impov- 
erished, and  it  is  hard  that  the  two  evils  should  simul- 
taneously, in  the  hour  of  exhaustion,  press  upon  them. 
Only  a  resolute  and  generous  people  could  bear  with 
equanimity  the  great  loss,  and  its  superadded  annual 
product  of  loss.  But  precisely  because  they  are  both 
resolute  and  generous,  they  have,  with  equanimity,  real- 
ized the  fact  and  its  consequences,  and  intend  to  do  their 
whole  duty,  social  and  moral,  as  well  as  political.  But 
it  is  neither  necessary  nor  right  that  the  whole  burthen 
should  be  thrown  upon  them. 


GovEENOR  Chaeles  J,  Jenkins  473 

Pauperism  is  destitution  of  accumulated  means  of 
subsistence,  combined  with  inability,  from  physical  or 
mental  causes,  to  produce  them;  but  it  only  becomes  a 
matter  of  public  concern  when  no  private  relief  is  af- 
forded. As  a  simple  fact,  it  has  always  existed  among 
that  class,  but  has  never  before  challenged  attention  as 
a  social  evil.  Why  this  difference?  Because  under  the 
exploded  system,  each  pauper  African  had  a  master  who 
cared  for  his  wants — cared  for  them  well — cared  for  them 
cheerfully.  How  was  he  enabled  to  do  this,  year  after 
year?  From  the  fact  that  associated  with  these  paupers, 
as  well  by  ties  of  consanguinity,  as  in  fetters  of  bondage, 
were  others  capable  of  remunerative  labor.  The  sup- 
port of  the  pauper  was  nominally  a  charge  upon  the 
master,  but  he  defrayed  it  from  the  earnings  of  the 
laborer,  standing  in  the  same  relation  to  him.  Now  his 
pre-existing  relation  both  to  pauper  and  laborer  is  an- 
nulled. The  pauper  is  no  more  a  charge  upon  him  than 
on  the  rest  of  the  body  politic.  The  fruits  of  the  labor- 
er 's  toil  are  transferred  from  him  to  the  laborer  himself. 
But  the  relations  of  the  class  and  of  kindred,  between 
the  pauper  and  the  laborer,  are  undisturbed.  The  ques- 
tions to  be  considered  in  view  of  the  whole  subject  are, 
''does  the  transfer  of  the  fruits  of  the  laborers'  toil,  dis- 
charge them  wholly  from  the  burthen  of  supporting  the 
pauper — the  master  having  lost  those  fruits  upon  which 
the  pauper's  support  was  a  charge,  does  it  still  adhere 
to  him?  It  appears  to  me  that  whether  regarded  as 
questions  in  political  economy,  or  abstract  equity,  the 
answer  must  be  negative. 

There  is,  however,  another  aspect  of  the  case  which 
must  not  be  overlooked.  The  abolition  of  the  relation 
of  master  and  slave,  which  was  a  private  relation,  makes 


474  Confederate    Records 

the  existing  pauperism  a  matter  of  public  concern,  to  the 
relief  of  which  emancipated  laborers,  as  a  class,  though 
not  exclusively  bound,  are  liable  to  contribute.  I  re- 
spectfully advise  that  a  moderate  capitation  tax,  such 
as  no  individual  would  feel  oppressively,  be  laid  upon 
each  adult  person  of  color,  capable  of  earning  wages, 
and  devoted  exclusively  to  the  support  of  paupers,  of 
the  same  class.  I  suggest  also  that  the  tax  collected  for 
this  purpose  in  each  county,  be  paid  to  and  dispensed 
by  the  justices  of  the  inferior  court  of  that  county,  under 
such  rules  and  regulations  as  you  may  choose  to  pre- 
scribe. 

Claim  of  Cotton. 

In  answer  to  a  communication  from  Provisional  Gov- 
ernor Johnson,  relative  to  certain  cotton  claimed  by  the 
State  of  Georgia,  and  captured  in  Savannah  by  the  Fed- 
eral army,  Mr.  Secretary  McCullough,*  of  the  treasury 
department,  informs  him  by  a  letter,  a  copy  of  which 
accompanies  this  message,  that  the  State  must  x^rosecute 
her  claim  in  the  court  of  claims.  United  States.  It  will 
be  my  pleasure  to  take  such  action  in  the  case  as  you 
may  direct. 

Improvements  to  Public  Buildings,  etc. 

I  transmit  herewith  a  copy*  of  the  report  of  Col.  Fro- 
bel.  Engineer,  upon  repairs,  and  improvements,  of  the 
public  buildings  and  grounds,  to  which  I  invite  your  care- 
ful consideration.  Whilst  even  in  public  buildings  and 
grounds  there  may  be  exhibited  culpable  extravagance, 
in  useless  ornamentation,  there  is  a  certain  degree  of 


*Paper  not  found. 


GovEENOB  Chakles  J.  Jenkins  475 

care  in  preserving,  and  of  taste  in  beautifying  them,  the 
neglect  of  which  is  wholly  inexcusable.  The  suggestion 
of  Col.  Frobel,  and  of  your  committees  charged  with  this 
subject,  will  aid  you  more  than  anything  I  can  say. 

Whatever  of  error  may  be  found  in  the  recommenda- 
tions herein  submitted,  I  trust  will  be  corrected  by  your 
superior  wisdom,  aided  by  light  from  the  unerring  source 
of  all  truth.  That  is  our  surest  reliance,  and  best  hope 
of  our  suffering  and  struggling  constituents. 

Respectfully  submitted, 

Charles  J.  Jenkins. 


476  Confederate    Records 


APPENDIX. 


(No.  1.) 


ESTIMATE  OF  EXPENDITURES  FOR  YEAR  1866. 


Arrears  of  civil  list,  1865 $  60,000.00 

Due  the  Penitentiary 18,000.00 

Due  the  Lunatic  Asylum,  on  appro 'n.,  1865 18,375.00 

Civil  Establishment,  1866 88,600.00 

Contingent  Fund,  1866 16,000.00 

Printing  Fund,  1866 25,000.00 

Support  of  paupers,  salaries  of  officers,  etc., 

Lunatic  Asylum,   64,500.00 

Support  of  Academy  for  the  Blind 6,000.00 

Educational  Fund,  (common  schools,) 23,355.00 

Annual  income  guaranteed  to  the  University.  8,000.00 
Balance,   estimated  expense   of   the  Legisla- 
ture,   75,000.00 

Interest  on  the  public  debt 154,000.00 

Estimated  interest  to  accrue  on  new  debt 150,000,00 

Miscellaneous  appropriations,   100,000.00 

$806,830.00 


GovEKNOR  Charles  J.  Jenkins  477 


(No.  2.) 


ESTIMATE  OF  EXPENDITURES   FOR  1867  AND 
AFTERWARDS. 


Civil  Establishment, $  88,600.00 

Contingent  Fund,    16,000.00 

Printing  Fund, 25,000.00 

All  expenses  of  Lunatic  Asylum 64,500.00 

Appropriation  to  Academy  for  the  Blind 6,000.00 

Educational  Fund,  (common  schools,) 23,355.00 

Annual  income  guaranteed  University .      8,000.00 

Estimated  expenses  of  G-eneral  Assembly 100,000.00 

Estimated  interest  on  Public  Debt 360,000.00 

Miscellaneous  appropriations, 100,000.00 

$791,455.00 


478  Confederate    Records 


(No.  3.) 


ESTIMATE  OF  INCOME  IN  1867,  AND  AFTER- 
WARDS. 


Net  proceeds  from  Western  &  Atlantic  Rail- 
road,  $600,000.00 

To  be  raised  by  ad  valorem  tax  of  1/8  of  1 

per  cent.,   450,000.00 


$1,050,000.00 


(No.  4.) 


Table  shmving  results  of  different  rates  of  taxation, 
ad  valorem,  on  the  assessed  value  of  property,  {other 
than  slaves,)  in  1860 : 

One-half  of  one  per  cent,  on  $369,627,722._$1,848,139.60 
One-fourth  of  one  per  cent,  on  $369,627,722__  924,069.80 
One-eighth  of  one  per  cent,  on  $369,627,722.  _  462,019.90 
One-tenth  of  one  per  cent,  on  $369,627,722.  _  369,627.00 
One-twelfth  of  1  per  cent,  on  $369,627,722..     308,023.00 


$3,911,879.30 


Governor  Charles  J.  Jenkins  479 

WEDNESDAY,  JANUARY  24th,  1866. 

Executive  Department, 
MiLLEDGEviLLE,  24  January      1866. 

To  the  Senate  and  House  of  Representatives — 

The  Constitution  limits  the  number  of  Secretaries  in 
the  Executive  Department  to  two.  There  are  times, 
(such  as  the  present,)  when  two  are  unable  to  discharge 
the  duties  of  the  office.  I  have  now  employed,  and  shall, 
from  time  to  time,  as  circumstances  may  require,  employ 
a  temporary  assistant  in  this  office;  the  authority  for 
which  I  derive  from  the  seventy-fifth  Section  of  the  Code. 
My  belief  is  that  it  will  be  necessary  to  retain  the  assist- 
ant, now  employed,  three  months,  and  if  the  General 
Assembly  would  appropriate  money  to  compensate  him 
for  that  length  of  time,  at  the  rate  which  may  be  allowed 
the  Secretaries  in  this  department,  it  would  seem  to  be 
just,  and  would  avoid  throwing  upon  the  contingent  fund, 
a  known  item  of  expenditure.  I  hope  I  shall,  after  the 
expiration  of  three  months,  be  able  to  dispense  with  such 
assistance,  until  the  next  meeting  of  the  General  Assem- 
bly. I  remark,  however,  that  the  reduction  of  the  num- 
ber of  Secretaries  to  two,  throws  upon  those  two  at  all 
times,  a  very  heavy  burthen,  and  would  seem  to  entitle 
them  to  higher  compensation,  than  was  allowed  when  the 
labor  was  distributed  among  three. 

Respectfully  submitted, 

Charles  J.  Jenkins, 

Governor. 


480  Confederate    Records 

TUESDAY,  JANUARY  30th,  1866. 

Executive  Department, 
MiLLEDGEviLLE,  Ga.,  January  30,  1866. 

To  the  Senate  and  House  of  Representatives — 

I  herewith  transmit  to  you  a  communication*  from 
the  Superintendent  of  the  Western  &  Atlantic  Railroad, 
unavoidably  delayed  to  this  time.  I  trust  it  will  enable 
you  to  make  an  approximate  estimate  of  sum  necessary 
to  refit  the  road. 

It  will  be  seen  that  the  sum  total  of  purchase  from 
the  United  State  authorities  is  four  hundred  and  sixty- 
four  thousand,  one  hundred  and  fifty-two  25/100  dollars. 
A  disagreement  occurred  between  those  authorities  and 
the  Superintendent  as  to  the  terms  of  sale  and  time  of 
payment,  which  induced  me  to  communicate  with  Gen- 
eral Thomas,  commanding  division  of  the  Tennessee. 
The  terms  exacted  were :  the  giving  of  a  bond,  with  ap- 
proved personal  security  for  the  payment  of  the  pur- 
chase money  and  interest  two  years  after  the  date  of  the 
contract,  or  the  payment  in  equal  monthly  installments, 
during  the  two  years. 

No  bond  having  been  tendered,  monthly  installments 
were  demanded  as  the  alternative.  In  his  reply  to  me, 
dated  January  4th,  General  Thomas,  after  stating  his 
understanding  of  the  terms,  says:  **I  am  willing,  fop 
the  present,  to  defer  the  collection  of  the  stipulated 
monthly  installments,  until  the  legislature  has  time  to 
provide  for  a  compliance  with  that  condition,  and  I  will 


*See  enclosure  No.  2,  Dec.  11,  1865. 


Governor  Charles  J.  Jenkins  481 

instruct  Maj.  Crilley  to  defer  the  collection  of  the  monthly 
payments,  if  you  will  urge  upon  the  Legislature,  at  its 
next  session,  the  propriety  and  necessity  of  authorizmg 
Mr  Baugh,  and  the  Treasurer  of  the  State,  to  execute  a 
bond  pledging  the  faith  of  the  State  to  the  Pay^^^^^^/^^ 
the  debt  incurred  by  it  in  the  purchase  from  the  Umted 
States  of  Eailroad  property  within  a  period,  not  exceed- 
ing two  years,  with  interest  at  7  3/10  per  cent,  per 
annum. ' ' 

As  the  payment  of  montlily  installments  may,  and  in 
the  opinion  of  the  Superintendent  will,  embarrass  the 
road  I  urgently  recommend  that  the  General  Assembly, 
by  an  Aet  to  be  speedily  passed,  authorize  the  execution 
of  such  a  bond. 

I  infer  from  the  phraseology  used  by  General  Thomas 
referring  to  the  time  of  payment  ("within  a  period  not 
exceeding  two  years")  that  there  will  be  no  objection  to 
he  insertion  of  a  clause  providing  for  earl  er  payment 
in  the  discretion  of  the  State.    This  would  enable    he 
State   in  case  her  bonds  on  long  time  can  be  nego  lated 
at  a Ite  of  interest  lower  than  7  3/10  per  cent.,  not  only 
t  save  the  excess  during  the  two  years,  but  to  bring  this 
debt  under  such  general  scheme  as  the  General  Assembly 
may  think  proper  to  adopt  for  tlie  prospective  adjust- 
ment of  her  finances. 

T  call  your  attention  to  that  part  of  the  Superintend- 
ent's report  referring  to  a  claim  of  the  State  of  Geor 
gia  against  the  government  of  the  United  States  for  the 
occupancy  and  use  of  the  road  whilst  in  their  PO-ession 
The  Superintendent,  entertaining  the  opinion  that  this 
claim  should  be  promptly  adjusted  and  such  sum  as 
might  be  found  due  the  State  applied  to  the  payment  of 


482  Confederate    Records 

the  debt  for  property  purchased,  as  above  stated,  from 
that  government.  I  also  pressed  this  point  upon  General 
Thomas'  consideration.  In  reply  he  says:  ''As  to  the 
claim  which  the  Western  &  Atlantic  Railroad  may  have 
against  the  United  States  for  all  profits  and  money  re- 
ceived by  them  from  the  road,  that,  in  no  way,  is  con- 
nected with  the  matter  of  indebtedness  of  the  State  to 
the  United  States,  in  so  far  as  the  turning  over  of  the 
road  to  the  State  is  concerned.  The  settlement  of  that 
claim  is  provided  for  by  Act  of  Congress,  approved  Jan- 
uary 31st,  1862,  which  provides  for  the  appointment  of 
commissioners  who  shall  assess  and  determine  the 
amount  of  compensation,  (if  any,)  to  be  paid  the  road." 

This  subject  will  demand  your  attention  during  the 
present  session.  By  the  Act  to  which  General  Thomas 
refers,  it  is  provided  that  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  appoint  three 
commissioners  who  shall  assess  and  determine  the  com- 
pensation to  be  made,  and  return  their  award  for  the 
consideration  of  Congress. 

I  believe  this  has  not  yet  been  done,  but  will  be,  prob- 
ably during  the  present  session  of  Congress,  and  some 
competent  person,  or  persons,  should  be  appointed  to 
represent  the  claim  of  the  State  of  Georgia  before  the 
commissioners  when  appointed, 

I  further  ask  your  attention  to  what  is  said  in  the 
report  regarding  the  levying  of  a  tax  upon  the  gross 
earnings  of  the  road,  in  which  I  trust  the  government 
of  the  United  States  will  not  persist  against  such  re- 
monstrance as  you  may  think  proper  to  make. 

You  will  see  that  the  Superintendent  closes  his  report 
with  his  resignation  of  the  position.     He  accepted  it  un- 


GovEENOR  Charles  J.  Jenkins  483 

der  circumstances  most  embarrassing,  and  has,  I  doubt 
not,  devoted  himself  to  the  execution  of  his  difficult  trust 
with  a  degree  of  zeal,  energy  and  fidelity  which  entitle 
him  to  grateful  consideration. 

I  trust  he  will  find,  in  other  employment,  less  annoy- 
ance and  a  more  compensating  return. 

Eespectfully  submitted, 

Charles  J.  Jenkins. 


MONDAY,  FEBRUARY  5th,  1866. 

The  following  message  was  transmitted  to  the  Sen- 
ate, to-wit. : 

Executive  Department, 
milledgeville,  georgia, 

February  5,  1866. 

To  THE  Senate — 

I  have  before  me  for  consideration  a  resolution  orig- 
inating in  your  body  -for  making  valid  contracts  be- 
tween white  men  and  freedmen." 

Doubtless  the  General  Assembly  in  adopting  it  de- 
signed to  benefit  both  parties  equally,  and  to  supply  law 
for  the  interval  between  the  reorganization  of  the  State 
government  and  the  passage  of  general  statutes  on  the 
same  subject  now  progressing.  But  after  careful  con- 
sideration, my  belief  is  that  such  legislation  if  not  posi- 


484  Confederate    Recukds 

tively  wrong  is  of  doubtful  propriety  and  entirely  un- 
necessary. The  resolution  is  not  exclusively  prospective 
in  its  operation ;  it  declares  that  ' '  all  contracts  made,  or 
to  be  made  between  the  white  men  and  the  f  reedmen  shall 
be  held  good  and  binding  on  both  parties. ' '  etc.  It  will  be 
conceded  that  no  Act  of  legislation  can  invalidate  a  good 
contract.  Would  it  be  more  efficacious  to  give  validity 
to  an  invalid  contract?  If  invalid  when  made,  whether 
from  incapacity  of  one  of  the  contracting  parties  from 
want  of  consideration  passing  to  him,  from  fraud  prac- 
ticed upon  him,  or  from  any  other  cause,  it  is  his  right 
to  be  released  from  it;  and  by  an  express  provision  of 
our  constitution  retroactive  legislation  injuriously  affect- 
ing private  right  is  prohibited. 

It  is  the  province  of  the  judiciary  to  inquire  into  and 
determine  the  validity  or  invalidity  of  contracts;  and 
this  is  done  by  applying  to  them  general  principles  and 
rules  of  law  existing  when  they  were  made.  But  this 
resolution  provides  that  all  contracts  previously  made 
between  parties  of  a  certain  description  ''shall  be  held 
good  and  binding,"  meaning,  of  course,  that  they  shall 
be  so  held  by  the  judiciary.  Were  it  intended  (as  I  am 
sure  it  was  not)  that  that  branch  of  the  government 
should  enforce  them,  regardless  of  the  facts  surrounding 
them  and  the  law  entering  into  and  governing  them, 
when  made,  such  intention  would  be  wholly  wrong  and 
could  not  be  carried  into  effect.  If,  on  the  other  hand, 
the  resolution  introduces  no  new  rule  for  the  govern- 
ment of  the  courts,  it  is  unnecessary  and  objectionable, 
because  it  may  mislead. 

There  can  be  no  doubt  of  the  capacity  of  both  the 
parties  described  within  the  usual  range  of  their  con- 
tracts.    If  there  be  defect  of  capacity  in  either  regard- 


Governor  Charles  J.  Jenkins  485 

ing  any  particular  class  of  contracts,  let  that  defect  be 
cured  by  prospective  legislation,  but  leave  the  conse- 
quences of  their  past  dealings  to  be  determined  by  the 
courts.     Such  is  the  usual  and  the  safer  rule. 

Influenced  by  these  views,  I  return  the  resolution  with 
my  dissent,  and  respectfully  ask  its  reconsideration. 

Charles  J.  Jenkins. 


TUESDAY,  FEBRUARY  6th,  1866. 

Executive  Department, 

Milledge\t:lle,  Georgia, 

February  6,  1866. 

The  proper  officers  of  the  several  banks  of  this  State 
are  hereby  notified  and  required  forthwith  to  make  and 
transmit  to  this  office  their  returns  in  conformity  with  the 
following  resolution  of  the  General  Assembly,  approved 
6th  February  1866. 

Resolved,  By  the  Senate  and  House  of  Representa- 
tives, That  His  Excellency,  the  Governor,  be  requested 
to  call  upon  the  several  banks  of  this  State  to  make  a 
return  of  their  condition  conformable  to  the  law  now 
existing,  and  that  the  same  be  returned  within  ten  days, 
and  that  the  Governor  be  further  requested  to  transmit 
said  reports  to  the  General  Assembly  when  received. 

Charles  J.  Jenkins, 

Governor. 


486  CONFEDEEATE     EecORDS 

TUESDAY,  FEBEUARY  6th,  1866. 

Executive  Department, 
Milledgeville,  6th  Feb.,  1866. 

To  the  General  Assembly. 

With  this  communication  I  transmit  copies  of  the 
proceedings  of  the  stockholders  of  the  Bank  of  Augusta, 
the  Augusta  Insurance  &  Banking  Company,  the  City 
Bank,  and  the  Mjeehanics'  Bank,  located  in  the  city  of 
Augusta. 

It  will  be  seen  that  the  two  former  make  positive  sur- 
renders of  their  charters,  that  the  two  latter  have  taken 
initiatory  steps  to  the  same  end,  and  that  they  all  have 
provided  for  the  assignment  of  their  assets,  real  and  per- 
sonal, for  the  benefit  of  their  creditors;  this  act  having 
been,  at  the  date  of  their  communication,  completed  by 
the  President  and  Directors  of  the  Augusta  Insurance 
&  Banking  Company. 

You  are  well  aware  of  the  legislation  of  your  prede- 
cessors, alluded  to  in  resolutions  of  the  stockholders,  and 
of  the  action  taken  by  the  Executive,  by  authority  of 
that  legislation.  It  is  not  questioned,  I  believe,  that 
these  Banks,  and  those  of  the  State  generally,  were  at 
the  commencement  of  the  late  war  in  a  sound  condition, 
carrying  on,  within  the  limits  of  their  several  charters, 
a  legitimate  banking  business.  There  is  abundant  reason 
to  believe  that  but  for  the  large  accumulation  in  their 
hands  of  State  securities  of  different  kinds,  which  were 
repudiated  by  the  late  State  Convention,  under  pressure 
of  Federal  authority,  and  of  irredeemable  Confederate 


Governor  Charles  J.  Jenkins  487 

Treasury  Notes,  to  whicTi  accumulation  tliey  were  con- 
strained to  submit  by  an  unusual  and  rigorous   State 
policy,  they  would  be  in  a  condition  to  meet  all  their  lia- 
bilities.   If  the  existence  of  these  facts  be  doubted,  the 
truth  of  the  case  may  be  elicited  by  scrutiny  into  their 
management.     If  the  recitals  in  their  proceedings  here- 
with be  true,  they  present  a  strong  claim  upon  the  justice 
of  the  State,  for  such  relief  as  it  may  be  competent  for 
the   General  Assembly  to   extend.     Certainly  it  would 
seem  reasonable,  and  beneficial,  as  well  to  them  as  to 
their  creditors,  that  they  be  allowed  to  go  into  liquidation, 
under   such  restrictions  as   may  avoid  protracted  and 
harrassing  litigation,   without  impairing   any   security, 
provided  by  their  several  charters,  for  billholders  and 
other  creditors.     I  cannot  dismiss  the  subject  without 
remarking  that  if,  by  conforming  their  conduct  to  stat- 
utory requirements,  the  directors  and  other  officers  have 
been  placed  in  a  situation,  which,  if  voluntarily  assumed, 
would  have  subjected  them  to  penalties  imposed  by  prior 
legislation,  justice,  {not  chm-ity,)  would  suggest  entire 
and  prompt  relief  from  those  penalties.     This  just  meas- 
ure of  exemption  from  punishment,  where  there  is  no 
guilt,  would  work  no  possible  injury  to  creditors. 

These  remarks  are  predicated  upon  the  statements 
made  in  the  accompanying  papers,  and  are  intended  to 
apply,  not  only  to  the  banks  above  named,  their  directors 
and  officers,  but  to  all  others  similarly  situated.  I  com- 
mend the  whole  subject  to  your  just  and  wise  considera- 
tion. 

I  also  communicate  to  the  Senate,  for  the  use  of  both 
bodies  in  turn,  a  memorial  from  a  Convention  of  Freed- 
men,  said  to  have  been  held  in  the  city  of  Augusta.     Very 


488  Confederate    Records 

many  of  the  subjects  embraced  in  it  have  already  been 
submitted  to  your  consideration,  and  are  now  engaging 
your  attention.  On  the  whole  subject  of  their  status — 
their  relation  to  the  body  politic — the  large  measure  of 
protection  and  encouragement  to  which  they  are  entitled, 
and  the  confidence  I  feel  in  your  purpose  to  do  all  in  the 
premises,  that  statesmanship  and  philanthropy  may  re- 
quire, I  have  already  conferred  freely  with  you. 

I  herewith  lay  before  the  House  of  Representatives, 
for  the  use,  in  turn,  of  both  bodies,  the  final  report  of  the 
Georgia  Relief  and  Hospital  Association,  from  which,  I 
think,  you  will  find  that  the  complicated  and  difficult  trust, 
undertaken  by  that  body,  has  been  discharged  with  com- 
mendable energy  and  fidelity.  The  two  documents  last 
referred  to  are  so  voluminous  that  with  the  existing 
pressure  upon  the  officers  of  this  department,  copies  could 
not  be  made  of  them  without  inconveniently  delaying  their 
transmission ;  and  hence  the  course  adopted. 

By  the  Act  of  the  Congress  of  the  United  States, 
passed  5th  August,  1861,  for  the  raising  of  internal  rev- 
enue, the  direct  tax  assessed  upon  the  State  of  Georgia 
is  five  hundred  and  eighty-four  thousand,  three  hundred 
and  sixty-seven  and  one  third  dollars,  ($584,367,33%.) 

One  of  the  provisions  of  this  Act  authorized  the  as- 
sumption by  the  States  severally  of  the  collection  and 
payment  of  their  respective  quotas,  and  upon  such  as- 
sumption and  payment  a  deduction  of  fifteen  per  cent., 
(15  per  cent.).  Without  further  legislation  only  the  tax 
of  one  year  will  now  be  collected,  and  the  process  of  col- 
lection in  Georgia,  from  the  people  directly,  has  com- 
menced, though  but  little  progress  has  been  made  in  it. 
Several  of  the  Northern  and  Western  States  have,  as  I 


OovERNOR  Charles  J.  Jenkins  489 

am  informed,  actually  assumed  its  collection  and  pay- 
ment.    My  information  is  that  the  Secretary  of  the  Treas- 
ury declines,  without  express  legislation  on  the  point,  to 
permit  this  assumption  by  the  States  lately  hostile  to  the 
United  States.     Such  legislation  may,  during  the  present 
session,  be  entertained  by  the  Congress,  and  although  in 
our  present  status,  we  shall,  standing  without,  witness  a 
practical  separation  between  the  power  of  taxation  and 
the  privilege  of  representation,  hitherto  considered  cor- 
relative and  inseparable,  in  free  governments.     We  may 
indulge  the  hope  that,  whilst  our  voices  are  suppressed, 
our  just  claims  will  not  be  ignored.     On  this,  as  on  other 
points,  patiently  awaiting  the  prevalence  of  more  liberal 
counsels,  it  is  our  part,  as  it  is  the  unmistakable  purpose 
of  our  constituents,  to  discharge  our  whole  duty  to  the 
Government  of  the  United  States.     Should  the  privilege 
be  accorded,  it  may  be  after  your  adjournment,  and  in 
that  event  any  action  you  may  deem  it  proper  to  take  on 
the  subject  must  necessarily  be  hypothetical. 

Should  our  people,  in  their  present  exhausted  condi- 
tion, be  called  upon  to  pay  this  Federal  tax  in  the  course 
of  the  year,  and  another  at  or  near  its  close,  for  the  sup- 
port of  the  State  Government,  in  the  next  political  year, 
the  burthen  will  fall  heavily  upon  them.  In  our  present 
financial  condition,  it  is  apparent  that  whatever  relief, 
whether  temporary  or  permanent,  you  may  determine  to 
give,  must  be  accomplished  by  extension  of  the  State's 
credit.  Should  you  incline  to  extend  relief  in  some  form, 
and  feel  no  other  embarrassment  than  that  resulting  from 
the  uncertain  action  of  Congress,  there  are  two  alterna- 
tives, either  of  which  would  accomplish  the  object :  First, 
you  may  authorize  the  Executive,  in  the  event  that  the 


490  CONFEDEEATE     ReCOKDS 

privilege  be  accorded  to  the  State,  to  borrow,  upon  her 
bonds,  a  sufficient  sum  to  pay  her  quota.  If  this  course 
be  adopted,  it  would  be  expedient,  without  loss  of  time, 
by  resolution,  to  request  a  grant  of  the  privilege  to  as- 
sume, and  a  suspension  of  the  collection  directly  from 
the  people,  until  the  question  be  determined  by  Congress. 
Secondly,  leaving  the  people  to  meet  for  themselves,  this 
Federal  tax,  you  may  relieve  them  from  the  payment  of 
any  State  tax  during  this  year,  for  the  uses  of  the  next, 
and  rely  upon  a  loan  to  supply  that  deficit.  The  material 
difference  between  the  two  expedients  would  be  that  al- 
though upon  either  alternative,  the  people  would  be  re- 
lieved from  one  tax,  upon  the  second  they  would  have  to 
meet  the  payment  before  realizing  the  fruits  of  the  year's 
labor.  Very  far  from  countenancing  the  general  policy 
of  resorting  to  the  credit  of  the  State,  rather  than  to  the 
pockets  of  the  people,  for  the  support  of  government,  I 
yet  feel  that  a  state  of  things  without  parallel  in  the  past, 
and,  I  trust,  in  the  future,  may  justify  its  present  adop- 
tion, without  giving  it  the  dangerous  authority  of  prece- 
dent. That  state  of  things  is  simply  this :  on  one  hand  a 
people  having  their  individual  pecuniary  resources  tem- 
porarily exhausted  by  a  protracted  and  deplorable  war — 
on  the  other,  a  State,  constituted  of  the  same  people,  hav- 
ing large  permanent  resources,  and  very  small  indebted- 
ness, and  therefore  entitled  to  abundant  credit.  Under 
such  circumstances,  can  it  be  said,  that  the  use  of  that 
credit,  for  the  relief  of  such  a  people,  so  suffering,  would 
violate  any  principle  of  good  government,  or  sound  pol- 
icy? I  have  felt  it  my  duty  to  ask  your  consideration  of 
the  subject. 

Until  the  year  1864,  the  Reporter  of  the  Supreme 


Governor  Charles  J.  Jenkins  491 

Court  was  required  to  publish  his  Reports  in  bound  vol- 
umes. By  the  Act  of  21st  of  March  in  that  year,  he  was 
required  to  publish  them  ''in  pamphlet  form,  instead  of 
in  bound  volumes."  There  can  be  little  doubt  that  this 
enactment  was  induced  by  the  state  of  war,  then  existing, 
but  it  is  not  limited  in  its  duration,  and  without  legisla- 
tion, must  continue  to  control  that  officer.  In  point  of 
fact,  the  events  of  the  war  have  unavoidably  suspended 
all  publication,  which  is  felt  as  a  certain  inconvenience. 
But  the  reputation  of  the  able  and  efficient  officer,  en- 
trusted with  that  duty,  gives  ample  guaranty  that  their 
publication  will  be  speedily  resumed  and  punctually  main- 
tained. The  dignity  of  that  tribunal,  as  well  as  a  wise 
economy,  render  proper  a  return  to  the  former  mode  of 
publication.  I  seriously  doubt,  however,  whether,  at  the 
present  high  prices  of  material  and  labor,  bound  volumes 
can  be  afforded,  at  prices  fixed  in  better  times.  This 
matter  requires  legislation. 

Respectfully  submitted, 

Charles  J.  Jenkins, 

Governor. 


FRIDAY,  FEBRUARY  16th,  1866.  : 

Executive  Department, 

milledgeville,  georgia, 

February  16th,  1866. 
Ordered, 

That  Pleasant  M.  Compton  of  the  county  of  Baldwin 


492  CONFEDEEATE     ReCOEES 

be,  and  he  is  hereby  appointed  agent  of  the  State  of  Geor- 
gia to  adjust  and  settle,  between  the  State  and  Messrs. 
Divine,  Jones  and  Lee,  the  joint  account  and  interest  of 
the  Card  Factory,  and  to  make  sale  of  such  portion  of 
the  assets  assigned  to  the  State  as  may  not  be  needed  in 
the  penitentiary,  agreeable  to  a  joint  resolution  of  the 
General  Assembly. 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  FEBRUARY  19th,  1866. 
Executive  Department, 

MlLLEDGEVILLE,   GeOEGIA, 

19th  February,  1866. 

To  the  House  of  Representatives : 

Having  carefully  considered  a  bill  to  be  entitled  an 
act  to  punish  persons  for  inducing  or  attempting  to  in- 
duce laborers  of  this  State  to  forfeit  their  contracts,  and 
to  abandon  the  interests  of  their  employers,  which  origi- 
nated in  your  body,  I  am  constrained  to  return  it  without 
approval.  That  there  is  a  class  of  intermeddlers  be- 
tween employers  and  employee,  upon  whom  the  penalties 
of  this  act  might  justly  be  imposed ;  whose  interference — 
unauthorized  by  law — is  prompted  by  selfish  considera- 
tions, rather  than  friendly  regard  to  the  laborer,  I  en- 
tertain no  doubt.    Nor  do  I  doubt  that  it  was  the  sole  de- 


Governor  Charles  J.  Jenkins  493 

sign  of  the  General  Assembly,  by  its  enactment,  to  coun- 
teract the  evil  practices  of  these  very  wrong  doers. 

But  my  conviction  is,  that  the  application  to  the 
act,  by  courts  and  juries,  of  established  rules  of  con- 
struction, would  give  to  its  operation  a  wider  range — 
would  produce  a  conflict  between  concurrent  jurisdictions. 

The  intention,  of  course,  is  that  the  courts  of  the 
State  shall  enforce  the  provisions  of  the  act.  It  must  be 
borne  in  mind,  however,  that  in  our  present  anomalous 
condition,  another  power — the  Government  of  the  United 
States — has  assumed  the  regulation  of  the  entire  subject 
of  labor  contracts  between  the  more  numerous  class  of 
laborers,  and  their  employers.  For  that  express  pur- 
pose, a  branch  of  service  hitherto  unknown  to  that  Gov- 
ernment, has  been  added  to  one  of  its  great  Departments, 
which  through  the  instrumentality  of  numerous  commis- 
sioners and  agents,  exercises  administrative  functions 
in  every  county,  and  every  neighborhood,  of  this  State. 
To  this  organization,  styled  the  Freedman's  Bureau,  is 
entrusted  the  revision  of  all  labor  contracts  between  per- 
sons of  color  and  citizens,  with  discretionary  power  to 
declare  them  valid  or  invalid.  With  the  sanction  of  their 
Government  they  have  established  a  rule  that  no  contract 
is  binding  upon  the  freedman  unless  approved  by  one 
of  these  agents. 

It  were  bootless  to  enquire  whether  or  not  this  system 
is  acceptable  to  your  constituents;  nor  yet  whether  or 
not  it  is  well  adapted  to  the  end  in  view.  Your  constitu- 
ents had  no  voice  in  its  establishment,  can  have  none  in 
its  continuance  or  discontinuance.  Enough  for  us  to 
know,  it  exists — is  pervading — is  controlling.  You  will 
agree  with  me  that  the  peace  of  society,  and  our  progres- 


494  Confederate    Records 

sive  advancement  towards  our  ancient,  and  better  politi- 
cal status,  both,  demand  the  avoidance  of  conflict  between 
Federal  and  State  authorities.  Any  action  which  would 
tend  to  this  result  is  wrong.  The  language  of  the  bill 
neither  excludes  from  its  operation  the  officers  and  agents 
of  this  bureau,  nor  limits  it  to  contracts  approved  by 
them.  It  embraces  in  its  scope  all  contracts  for  labor, 
and  all  persons  inducing  or  attempting  to  induce  the 
abandonment  of  any  such  contract.  , 

Yet,  with  contracts  disapproved  by  the  Bureau,  its 
agents  are  instructed  to  interfere.  I  think  enough  has 
been  said  to  prove  that  the  bill,  under  consideration, 
would  probably  lead  to  a  conflict  of  authorities,  and  I 
trust  you  will  agree  with  me,  that  that  is  a  sufficient 
objection  to  its  passage. 

Respectfully  submitted, 

Charles  J.  Jenkins, 

Governor. 


.    FRIDAY,  FEBRUARY  23d,  1866. 

Executive  Department, 
Milledgeville,  Georgia, 
February  23,  186L 

To  the  House  of  Representatives — 

In  compliance  with  a  joint  resolution  of  the  General 
Assembly  calling  for  a  report  from  the  Committee  on 


Governor  Charles  J.  Jenkins  495 

State  Finances,  appointed  by  the  recent  convention,  I 
herewith  transmit  to  your  body,  in  which  it  originated, 
the  report  of  that  committee  this  day  received. 

Accompanying  the  report  is  a  communication  ad- 
dressed to  me  stating  their  appointment  of  a  Secretary, 
— his  services,  and  compensation  due  to  him;  also  ac- 
counts filed  with  the  committee  by  persons  summoned 
here  as  witnesses  to  testify  concerning  transactions  of 
State  officers  or  agents,  of  which  they  were  supposed 
cognizant. 

As  the  compensation  of  the  Secretary  and  witnesses 
was  not  provided  for  by  the  convention,  I  respectfully 
refer  the  matter  to  the  consideration  of  the  General 
Assembly.  ^ 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  MARCH  5th,  1866. 

Executive  Department, 
Milledgeville,  Georgia, 

March  5,  1866. 

To  the  General  Assembly — 

I  herewith  communicate  reports  received  from  two 
counties,  of  the  number  of  destitute  soldiers,  and  widows 
of  soldiers,  etc.,  in  those  counties. 


496  Confederate    Records 

In  the  message  transmitted  to  you  at  the  com- 
mencement of  the  session,  I  alluded  to  the  destitution 
and  sufferings  of  disabled  soldiers,  and  their  families, 
and  of  the  families  of  deceased  soldiers,  as  presenting 
strong  claims  upon  our  gratitude  and  our  humanity. 

Not  knowing  what  action  the  General  Assembly  may 
propose  to  take  on  the  subject,  it  is  perhaps  proper,  that 
I  should  apprise  you,  that  from  information  received 
from  different  quarters,  and  apparently  reliable,  I  have 
reason  to  believe  that  before  another  crop  can  be  gath- 
ered, the  suffering  among  them,  and  other  destitute  per- 
sons, in  counties  which  have  been  overrun  by  both  armies, 
in  the  late  war,  will  be  most  intense. 

The  liberality  of  citizens  in  those  localities,  who  came 
out  of  the  war  with  enough  and  to  spare,  has  already 
been  severely  taxed  to  relieve  such  wants,  and  from  it, 
little  more  can  reasonably  be  expected. 

The  existing  system  for  the  relief  of  pauperism,  is 
probably  adequate  to  its  necessities  in  ordinary  times, 
and  it  is  certainly  bad  policy  to  encourage  among  any 
people,  a  reliance  upon  government  for  a  supply  of  the 
necessities  of  life.  But  the  circumstances  surrounding 
us  at  this  time,  are  extraordinary — such  as  have  never 
occurred  before  in  our  day,  and  we  may  hope  will  never 
occur  again. 

The  question  presents  itself — how  shall  relief  be 
given?  To  rely  upon  the  raising  of  a  tax  in  each  county 
to  meet  the  wants  within  its  borders,  would  be  liable  to 
two  objections.  First,  unless  the  collection  of  such  a  tax 
be  accelerated  much  beyond  the  usual  time,  it  will  be  too 
tardy  to  meet  the  exigency.     Secondly,  if  it  be  so  accel- 


Governor  Charles  J.  Jenkins  497 

erated,  it  will  find  those  upon  whom  the  burthen  must 
fall,  generally  unprepared  for  it. 

I  am  not  aware  of  any  other  method  than  direct  State 
aid.  For  the  extension  of  this,  the  times  are  certainly 
very  unpropitious.  An  empty  treasury  may  be  by  some 
regarded  a  sufficient  reason  for  withholding  large  chari- 
ties, however  laudable.  But  it  should  be  considered,  that 
the  State  has  a  credit  which  these  sufferers  have  not 
This,  and  the  further  consideration  that  their  sufferings 
are  not  the  result  of  idleness  or  of  vice,  satisfy  me  that 
we  should  not  hesitate  to  incur  a  debt  additional  to  that 
contemplated  for  other  purposes,  in  order  to  supply  bread 
for  a  few  months  to  the  hungry  and  the  helpless.  The 
debt  of  the  State  is  small — the  increase  you  may  direct 
for  other  objects  will  leave  it  still  small,  in  comparison 
with  her  resources,  and  the  addition  of  a  few  hundred 
thousand  dollars,  for  such  a  purpose,  will  neither  de- 
press her  credit  now,  nor  materially  embarrass  her 
finances  hereafter. 

I  recommend  that  you  authorize  the  purchase  of  corn, 
in  such  manner  and  in  such  quantity,  as  you  may  deem 
advisable,  at  points  where  it  is  abundant,  to  be  paid  for 
by  the  negotiation  of  bonds,  and  provide  for  its  judicious 
and  faithful  distribution.  I  trust  the  different  railroad 
companies  in  the  State,  will,  in  aid  of  such  a  cause, 
lighten  the  State's  burthen  by  favorable  terms  of  trans- 
portation, to  points  of  distribution,  should  you  deter- 
mine to  take  such  action.  So  far  as  concerns  the  West- 
ern and  Atlantic  Railroad,  you  have  the  power  to  set  the 
example. 

Charles  J.  Jenkins, 

Governor. 


498  Confederate    Records 

(Copy) 

Executive  Department, 
Mzlledgeville,  Georgia, 
March  5,  1866. 

$50,000.00.  Six  months  after  date  the  State  of  Geor- 
gia will  pay  B.  H.  Warren,  President  of  the  National 
Bank  of  Augusta,  Georgia,  or  bearer,  fifty  thousand  dol- 
lars in  National  currency  of  the  United  States,  with 
interest  at  the  rate  of  ten  per  cent,  per  annum,  value 
received. 

This  by  authority  of  the  ordinance  of  the  Convention 
dated  3rd  day  of  November,  1865. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  Seal  of  office  on  the  day  and  year  first  above 
written. 

Charles  J.  Jenkins, 

i      (Countersigned)  -  '  Governor. 

John  Jones,  Treasurer. 


Governor  Charles  J.  Jenkins  499 

TUESDAY,  MARCH  6th,  1866. 

The  following  message  was  transmitted  to  the  Senate, 
to-wit : 

Executive  Department, 

MiLLEDGEviLLE,  6th  March,  1866. 

I'o  THE  Senate — 

Having  given  serious  consideration  to  "a  bill  to  be 
entitled  an  act  for  the  relief  of  the  people  of  Georgia, 
and  to  prevent  the  levy  and  sale  of  property,  under  cer- 
tain circumstances,  and  within  a  limited  period,"  which 
originated  in  your  body,  with  more  than  ordinary 
anxiety,  if  possible,  to  concur  with  the  General  Assembly, 
in  the  propriety  of  its  enactment,  I  am  constrained  to 
return  it  without  approval. 

The  Constitution  of  the  United  States,  expressly 
ordains  that  "no  State  shall  pa^s  any  law  impairing  the 
obligation  of  contracts." 

The  application  of  this  provision  to  the  act  under 
consideration,  involves  two  enquiries: 

First,  what  is  meant  by  the  obligation  of  a  contract! 
Secondly,  what  constitutes  an  impairment  of  it? 

A  proper  consideration  of  the  subject  requires  a  dis- 
tinction between  a  contract  and  its  obligation.  ^  The 
former  is  "an  agreement  to  do  or  not  to  do  a  particular 
thing."  The  latter  is  that  which  binds  the  promisor,  to 
perform  his  agreement.  We  often  speak  of  a  moral  obli- 
gation to  perform  a  promise,  the  sanction  of  which  is 
found  in  a  pure  and  enlightened  conscience.     But  it  is 


500  Confederate    Records 

evidently  not  this  which  the  Constitution  was  designed 
to  save  from  impairment,  because  it  is  simply  impossible 
for  legislative  action  to  change  the  dictate  of  conscience 
regarding  any  antecedent  duty,  which  one  person  may 
owe  to  another. 

We  speak  also  of  the  legal  obligation  of  a  contract,- 
by  which  is  meant  the  force  of  law,  compelling  its  per- 
formance or  giving  an  equivalent,  after  its  breach.  In 
arguing  the  case  Of  Ogden  vs.  Saunders,  Mr.  Webster 
remarked  ''the  municipal  law  is  the  force  of  society, 
employed  to  compel  the  performance  of  contracts."  This' 
force  consists  of  all  the  means  provided  by  law,  to  enable 
the  promisee,  without  disturbing  the  peace  of  society,  to 
compel  the  performance,  by  a  reluctant  promisor,  of  his 
engagement.  Thus  understood,  it  is  clear  that  the  Legis- 
lature, if  unrestrained,  would  be  capable  of  impairing  or 
destroying  the  obligation ;  and  it  is  precisely  to  guard  it, 
that  this  prohibition  was  inserted  in  the  Constitution. 

The  question  then  is  presented,  whether  or  not  this 
act,  against  the  intendment  of  the  Constitution,  impairs 
the  obligation  of  contracts.  It  provides  ''that  there  shall 
be  no  levy  or  sale  of  property  of  defendants  in  this  State, 
under  any  execution,  founded  on  any  judgment,  order  or 
decree,  of  any  Court,  heretofore,  or  hereafter  to  be  rend- 
ered, upon  any  contract  or  liability,  made  or  incurred 
prior  to  the  1st  June,  1865;  provided,  the  said  defendant 
shall  pay,  or  cause  to  be  paid,  during  each  year,  one- 
fourth  of  the  amount  of  principal  and  interest  of  such 
execution,  or  of  the  debt  or  claim,  on  which  such  execu- 
tion has  been,  or  may  hereafter  be,  obtained,  so  that  the 
entire  indebtedness,  shall  be  paid  in  four  years  from  the 
first  day  of  January,  1866,  the  first  installment  to  be  paid 
by  the  first  January,  1867,  and  the  fourth  and  last  by 


GovEKNOR  Charles  J.  Jenkins  501 

the  1st  January,  1870."  Any  officer  levying,  or  selling, 
is  made  liable  for  a  trespass.  Here  we  remark  that  the 
prohibition  of  the  Constitution  is  not  directed  solely 
against  the  destruction  of  the  obligation.  It  is  not,  that 
no  State  shall  pass  any  law  destroying  the  obligation. 
Were  it  so  expressed,  however  impolitic  or  unjust  it 
might  be,  in  any  supposable  case,  to  impair,  without  de- 
stroying it,  the  Constitution  could  not  be  interposed  as 
a  barrier  to  such  action.  But  it  is  explicitly  against 
impairment  that  the  prohibition  is  directed.  The  intention 
being  negative,  not  positive — prohibitory,  not  manda- 
tory, the  lessor  interference  is  expected,  because,  being 
included  in  the  greater,  its  prevention,  prevents  both. 
Hence  it  appears  that  something  more  was  intended  than 
to  keep  the  obligation  alive;  which  is  all  that  can  be 
claimed  for  a  stay  law. 

Let  it  be  borne  in  mind,  that  the  obligation  of  a  con- 
tract is  the  force  of  law,  compelling  its  performance,  or 
giving  satisfaction  for  its  breach.  This  force  has  a  two- 
fold operation.  First,  it  acts  judicially,  whereby  the 
existence  of  the  contract,  its  breach,  and  the  mode  of 
enforcement  are  determined,  all  of  which  are  expressed 
in  the  judgment.  Secondly,  it  acts  ministerially,  wherein, 
under  command  in  writing,  an  officer  of  law,  either  trans- 
fers certain  specific  property  from  the  possession  of  the 
promisor  to  that  of  the  promisee,  or  converts  into  money, 
in  a  mode  prescribed,  such  portion  of  the  promisor's 
property  as  will  satisfy  the  judgment,  and  delivers  it  to 
the  promisee.  This  done,  the  obligation  of  the  contract 
is  consummated— its  performance  is  enforced. 

But  if  when  the  judgment  shall  have  been  rendered 
and  the  next  step,  according  to  the  law  which  creates 
the  obligation,  is  to  issue  this  written  authority,  (called 


502  Confederate   Records 

an  execution),  without  which  the  judgment  would  be 
valueless,  the  State  shall  pass  a  law  forbidding  its  issu- 
ance, for  one  year;  or  if,  after  it  shall  have  been  issued, 
the  proper  officer  is  forbidden  to  execute  it,  within  a 
year,  what  effect  has  this  litigation  upon  the  obligation! 
We  are  told  the  effect  is  to  suspend  it,  leaving  its  vitality 
untouched.  Ttue,  by  the  terms  of  the  law,  vitality  re- 
mains, but  does  this  satisfy  the  Constitution!  Is  there 
no  diminution,  no  weakening,  no  impairment,  of  the  force 
of  law,  compelling  performance! 

Lexicographers  tell  us  that  to  impair  is  to  '^  diminish, 
to  iveaken,  to  injure,  to  lessen  in  value."  Suppose  A 
to  obtain  a  judgment  against  B,  and  C,  to  obtain  another 
against  D,  at  the  same  time,  each  founded  on  contract, 
and  both,  according  to  the  general  law,  whence  the  obli- 
gation of  contracts  spring,  capable  of  immediate  execu- 
tion. Then  suppose  the  legislature  to  intervene,  and 
enact,  that  the  former  shall  not  be  executed  within  one 
year,  leaving  the  latter  untouched,  would  there  then  be  no 
difference  in  the  relative  strength  of  the  two  obligations  f 
A  man  in  paralysis  has  vitality,  as  positive,  as  has  he,  in 
good  health;  yet  it  is  impaired.  So  A's  judgment  has  an 
obligation,  but  it  is  paralysed,  "weakened,"  "dimin- 
ished," by  the  temporary  loss  of  its  active  quality,  and 
therefore,  impaired.  In  executing  contracts,  time  is 
always  an  important  element.  It  will  probably  be  con- 
ceded that  it  would  be  unconstitutional  for  the  General 
Assembly  to  enact  that  no  promissory  notes  heretofore 
made,  and  to  mature,  on  the  first  day  of  January,  1867, 
shall  be  considered  due,  and  payable,  before  the  first 
day  of  January,  1868.  If  this  be  so,  it  is  difficult  to  per- 
ceive how  the  constitutionality  of  this  Act  can  be  main- 
tained.    If  the  day  of  payment  may  not  be  postponed 


Governor  Charles  J.  Jenkins  503 

before  maturity,  by  legislative  action,  it  would  seem,  *'a 
fortiori,"  that  it  may  not  be,  after  maturity;  or  ratber, 
tbat  the  contract  may  not  be  thrown  back  into  imma- 
turity, and  a  new  day  of  payment  appointed,  by  such 
action.  Pursuing  the  line  of  argument,  the  right  of  the 
promisee,  does  not  lose  its  character  of  contract,  by  the 
institution  of  a  suit,  nor  by  the  rendition  of  a  judgment 
to  enforce  it.  That  character  abides  and  to  it  the  Con- 
stitutional guaranty  adheres,  until  it  is  either  extin- 
guished by  performance,  or  smothered,  by  a  statute  of 
repose.  Indeed,  this  act  specially  refers  to  contract  in 
judgment,  and  to  their  dates.  Hence  I  conclude  the 
Legislature  has  no  more  power  to  appoint  a  new  and 
distant  day  of  payment,  after  suit  commenced,  or  judg- 
ment rendered,  than  before.  In  all  other  respects,  the 
promisee's  condition  is  considered  better  after  judg- 
ment; why  worse  in  this?  Before  judgment,  his  will  is 
impotent  to  compel  immediate  performance  of  the  con- 
tract. Tlie  judgment  makes  that  will,  the  motive  power 
of  the  obligation,  for  by  it,  the  execution,  the  final  pro- 
cess, may  be  put  in  action.  But,  by  legislation  of  this 
character,  that  motive  power  is  suspended — temporarily 
abstracted  from  the  obligation.  Perpetual  injunction 
would  destroy  the  obligation,  puo  ad,  the  action  of  this 
State;  and  I  cannot  resist  the  conclusion,  that  temporary 
injunction  would  impair  it. 

Again,  the  judgment  and  execution,  which  are  intended 
to  be  the  consummation,  or  end  of  the  obligation,  are 
lawful  subjects  of  traffic,  are  salable  commodities.  It 
is  indisputable  that  the  possession  and  exercise  by  the 
Legislature  of  the  power  of  suspending  their  operation, 
would  "lessen  their  value,"  as  such;  and  this  brings  such 
legislation  within  another  definition  of  impairment,  viz. : 


504  CONFEDEKATE     RECORDS 

It  "lessens  the  value."  If  one  Legislature  may  postpone 
for  a  year,  each  subsequent  one  may  do  the  same.  Already 
have  the  judgments  affected  by  this  act,  been  suspended 
five  years  by  such  action.  Upon  principle,  these  succes- 
sive postponements  might  as  well  be  continued  an  hun- 
dred years,  or  through  all  time.  The  hundredth  would 
be  as  valid  as  any  preceding  one.  But  how,  meantime, 
fares  the  obligation?  The  consolation  offered  to  the 
promisee,  and  repeated  to  successive  generations  of  his 
posterity,  would  be,  that  it  flourished,  in  a  green  old  age, 
its  strength  unimpaired  by  time. 

The  strength  of  the  argument  in  favor  of  stay  laws, 
lies  in  the  proposition,  that  final  process  is  but  a  part 
of  the  remedy,  which  must  always  be  within  the  power 
of  the  Legislature;  otherwise  it  would  be  impossible  to 
correct  errors  in  jurisprudence,  or  to  improve  the  system 
as  experience  may  develop  its  defects.     The  power  of 
the  Legislature  to  modify  remedies,  even  at  the  cost  of 
delay  to  suitors,  then  in  court,  must  be  conceded ;  but  with 
two  qualifications.    First,  the  intention  must  be  bona  fide, 
to   change   permanently,    and    to    improve    the    system. 
Secondly,  this  must  always  be  done,  if  possible,  so  as  not 
to  affect  injuriously  antecedent  rights.     This  act  cannot 
be^  brought  within  either  of  them.    First,  it  contemplates 
neither  any  improvement,  nor  any  permanent  change,  of 
the  judicial  system.     Sections  3553  to  3557,  and  section 
336  of  the  Revised  Code,    regulate    proceedings    after 
judgment,  in  suits  to  enforce  contracts.    It  is  obviously 
not  the  intention  of  the  General  Assembly  to  make  any 
change  in  these,  further  than  to  suspend  them  for  a  time, 
in  the  class  of  cases  described  in  the  act.    No  other  course 
of  proceeding  is  substituted — judgments    rendered    for 
special  purposes,  are  excepted — and  none,  that  may  here- 


GovERNOB  Chaiiles  J.  Jenkins  505 

after  be  rendered,  on  contracts  made  since  the  first  of 
June,  1865,  are  included  in  the  stay.  In  such  cases 
therefore  the  course  of  the  law,  will  be  the  same  as  here- 
tofore. Secondly,  if  the  change  were  permanent,  if  it 
contemplated  just  such  a  stay  of  execution,  under  judg- 
ments to  be  obtained,  founded  on  contracts  made  since 
the  first  day  of  June  last,  the  office  of  Sheriff  is  never- 
theless continued,  and  therefore  all  judgments,  founded 
on  contracts  heretofore  made,  might  be  executed,  as  well 
as  in  times  past,  and  the  obligation  of  the  contract  be 
unaffected.  But  in  point  of  fact  the  bill  not  only  affects 
them,  but  injuriously  discriminates  against  them. 

Here,  then,  is  plenary  evidence  that  it  is  not  one  of 
those  great  reformatory  measures  designed  to  improve 
the  judicial  system,  for  the  permanent  advantage  of  the 
body  politic,  that  in  truth  it  makes  no  change  in  the  sys- 
tem, but  only  withdraws  for  a  time,  from  a  certain  class 
of  contracts,  its  obligatory  operation.  It  is  a  temporary 
expedient,  interposed  between  the  debtor  and  creditor, 
for  the  relief  of  the  former.  It  postpones  for  one  year 
absolutely,  and  for  four  years  conditionally,  the  full  per- 
formance of  all  contracts  entered  into  before  the  first 
of  June  last,  and  in  my  opinion,  as  flagrantly  violates 
the  Constitution,  as  if  it  affected  contracts  running  to 
maturity,  by  postponing  the  day  of  payment,  one,  or  four 
years,  beyond  that  fixed  by  the  terms  of  each. 

The  course  or  reasoning  adopted,  the  principles 
affirmed,  and  the  rules  of  construction  applied  to  this 
clause  of  the  Constitution  by  the  Supreme  Court  of  the 
United  States,  in  several  cases,  seem  to  me  to  lead  to 
this  conclusion,  although  in  none  of  them  were  the  Legis- 
lative acts  reviewed,  indentical  in  their  provisions,  with 
this.     These  I  will  simply  state  without  quoting  from 


506  Confederate   Records 

them.  They  are  Sturges  vs.  Crowningshield,  4th 
Wheaton,  122 ;  Green  vs.  Biddle,  8th  Wheaton,  1 ;  Ogden 
vs.  Sanders,  12th  Wheaton,  213;  Bronson  vs.  Kinzee,  1, 
Howard,  311;  McCracken  vs.  Hayward,  2,  Howard,  608. 

In  these  cases,  stay  laws  are,  by  way  of  illustration, 
more  than  once  referred  to,  as  violating  this  clause  of 
the  Constitution.  In  the  first.  Chief  Justice  Marshall, 
who  bore  a  part  in  the  proceedings  for  the  adoption  of 
the  Constitution,  expresses  the  opinion  that  the  passing 
of  such  laws  by  the  States,  was  one  of  the  chief  causes 
which  induced  the  insertion  of  this  clause.  Judge  Par- 
sons, at  page  703  of  the  2nd  volume  of  his  authoritative 
treatise  on  contracts,  affirms  the  proposition,  as  estab- 
lished by  authority,  that  "an  exemption  of  property 
from  attachment  (by  which  is  meant  levy)  or  a  subjec- 
tion of  it  to  a  stay  law,  or  appraisement  law,  impairs  the 
obligation  of  the  contract."  He  adds,  "such  a  statute 
can  be  enforced  only  as  to  contracts  made  subsequently 
to  the  law." 

There  are,  I  concede,  cases  supporting  the  opposite 
conclusion,  but  I  think  they  are  sustained  neither  by  the 
weight  of  authority  nor  by  the  force  of  logic. 

Our  own  Constitution  contains  a  clause  similar  to 
that  quoted  from  the  Constitution  of  the  United  States. 
But  it  is  not  alone,  this  duplicate  prohibition,  which  in 
my  opinion,  precludes  legislation  of  this  character.  The 
first  clause  of  the  first  section  of  the  second  article  of  the 
Constitution  of  Georgia,  is  in  these  words,  "The  Legis- 
lative, Executive,  and  Judicial  departments,  shall  be  dis- 
tinct ;  and  each  department  shall  be  confided  to  a  separate 
body  of  Magistracy.  No  person  or  collection  of  persons, 
being  of  one  department,  shall  exercise  any  power  prop- 


Governor  Charles  J.  Jenkins  507 

erly  attached  to  either  of  the  others;  except  in  cases 
herein  expressly  excepted."  It  is  to  the  latter  sentence 
I  particularly  refer.  This  investigation  and  determina- 
tion of  private  rights, — the  enforcement  of  contracts 
between  individuals,  when  one  of  the  parties  refuse  com- 
pliance, are  clearly  powers  properly  belonging  to  the 
Judicial  department.  Their  exercise  is  invoked  by  suit, 
in  court,  which  being  instituted,  is  properly  under  the 
control  of  that  department,  from  the  filing  of  the  petition, 
to  the  return,  of  final  process,  executed.  When  for  the 
purpose  of  preventing  wrong  or  oppression,  or  of  doing 
full  and  complete  justice  in  any  case,  it  becomes  neces- 
sary to  arrest  the  proceeding,  whether  before  or  after 
judgment,  this  can  only  be  done  by  the  writ  of  injunction, 
and  that  issues  properly  out  of  chancery,  which  apper- 
tains, exclusively  to  the  Judicial  department.  What  are 
the  rights  upon  which  the  bill  under  consideration  acts? 
They  are  those  which  have  been  asserted  by  suits  in 
courts  of  justice,  have  been  there  investigated  and  adju- 
dicated, and  which  those  courts  are  proceeding  to  enforce 
by  their  final  processes,  called  executions.  Wliat  action 
does  this  bill  propose  upon  them  I  It  does  not  indeed 
set  them  aside — annul  them,  but  it  suspends  action  under 
them  for  a  specified  time.  What  is  this  suspension,  but 
an  injunction  of  a  judicial  proceeding?  The^form  of 
the  writ  used  in  the  department  to  which  the  power 
properly  belongs,  is  not  observed,  but  the  precise  end 
is  attained,  the  injunction  is  as  effectually  imposed,  as 
if  a  writ  in  due  form  had  emanated  from  the  legitimate 
source. 

Let  us  look  a  little  more  in  detail  into  this  matter. 
A  writ  called  an  execution  issues  from  the  Inferior  Court 
of  Baldwin  County,  directed  to  the  Sheriff,  commanding 


508  Confederate   Records 

him  to  make  by  levy  and  sale  of  the  property  of  C  D,  one 
hundred  dollars,  which  A  B  lately  in  that  court  recov- 
ered of  him,  and  further,  that  he  return  that  writ  into 
court  at  the  next  term,  which  means,  in  law,  that  he 
return  it  executed.  If  the  Sheriff  do  not  make  the  money 
as  required,  he  may,  at  the  return  term  of  the  writ,  be 
ruled  and  compelled  to  pay  it  himself,  unless  he  can 
show  good  cause  for  his  failure.  This  is  the  course  of 
the  law,  and  this  its  end.  But  suppose  when  so  called 
on  he  should  exhibit  a  writ,  sued  out  of  the  chancery 
side  of  the  Superior  Court  of  Baldwin  County,  at  the 
suit  of  C  D,  commanding  him  to  desist  from  levy  and 
sale,'  under  that  particular  execution,  until  the  further 
order  of  the  court:  he  stands  justified  because  he  is 
enjoined.  One  branch  of  the  Judicial  department,  armed 
by  law  with  the  power,  has  arrested  another,  and  no 
violence  is  done  to  the  Constitution.  But  suppose  instead 
of  exliibiting  a  writ  of  injunction  from  the  Superior 
Court,  he  should  exhibit  an  act  of  the  Legislature  for- 
bidding him  to  execute,  within  a  year,  any  fi.  fa.  issued 
by  any  court.  If  he  be  excused,  on  what  ground?  Clearly 
that  he  was  enjoined.  That  the  Judicial  injunction,  in 
the  one  case,  was  in  the  exercise  of  ''a  power  properly 
attached,"  to  the  Judicial  department  cannot  possibly 
be  denied.  Then  how  can  it  be  maintained  that  the  im- 
position of  the  legislative  injunction,  in  the  other  case, 
would  be  conformable  to  the  provision  of  the  Constitution, 
I  have  quoted.  Is  it  not  manifest,  that  such  legislation 
produces  direct  collision  between  the  departments?  The 
mandate  issued  by  the  Judicial  department  was  in  strict 
conformity  with  the  laws  of  the  State.  Without  repeal- 
ing those  laws,  without  permanently  curtailing  the  pow- 
ers of  the  courts,  the  legislative  department  simply  inter- 
venes, and  forbids   the  ministerial  officer,   obeying  the 


GovEBNOR  Chables  J.  Jenkins  509 

Judicial  mandate.  It  was  for  the  express  purpose  of 
preventing  such  conflict,  this  provision  was  inserted  in 
the  Constitution. 

There  is  another  objection  to  this  bill,  which  I  cannot 
pass  over  in  silence.  It  classifies  contracts  and  discrimi- 
nates between  the  classes,  injuriously  to  one  of  them,  or 
rather  to  the  parties  interested  in  their  enforcement. 
Contracts  made  prior  to  the  first  day  of  June,  1865,  con- 
stitute one  class;  those  made  subsequently,  another.  To 
the  former  only  is  tlie  stay  of  execution,  under  it,  applied. 
If  separate  judgments  should  be  obtained  in  the  month 
of  January,  1867,  the  one  founded  on  a  contract  entered 
into  before  the  first  day  of  June,  1865,  and  the  other  on 
a  contract  made  after  the  last  mentioned  day,  even 
though  they  were  based  upon  considerations  equally 
meritorious,  the  stay  of  this  law  would  attach  to  the 
former,  and  not  to  the  latter.  I  am  utterly  at  a  loss  to 
conjecture  upon  what  principles,  consistent  with  equal 
justice,  this  discrimination  is  founded.  Indeed  it  would 
seem  that  if  any  discriminations  were  made,  it  should  be 
in  favor  of  that  class  of  creditors,  a  veiy  large  majority 
of  whom  have  already  been  subjected  to  five  of  these 
Legislative  injunctions,  successively  enacted,  and  so 
linked,  as  to  compose  a  chain,  extending  over  as  many 
years.  The  elder  creditor  is  tied  up  and  the  junior  left 
untrammelled.  Nay  more,  the  judgment  creditor  of  five 
or  more  years  standing  is  arrested,  whilst  to  the  simple 
contract  creditor  of  yesterday,  the  highway  to  full  and 
complete  compulsory  performance  is  left  open.  It  may 
be  said  that  whenever  a  junior  execution,  not  stayed  by 
the  proposed  law,  shall  by  levy  and  sale,  cause  money  to 
be  made,  the  older  executions  are  not  restrained  from 
being  interposed  to  claim  it.     But  this  can  scarcely  be 


510  Confederate   Kecords 

intended,  for  in  that  event,  the  law  must  fail  to  give  the 
promised  relief.  Under  any  circumstances,  this  could 
only  occur  where  there  were  judgments  of  both  classes, 
against  the  same  debtor,  and  the  suggestion  therefore 
does  not  relieve  the  measure  from  the  alleged  discrimi- 
nation. Even  in  those  cases  the  debtor  would  be  under 
a  strong  temptation  to  apply  his  means  to  the  satisfac- 
tion of  the  junior  judgment,  reserving  for  the  senior  only 
the  annual  installment,  necessary  to  keep  him  in  fetters, 
and  thus,  the  discrimination  would  still  operate  injuri- 
ously. 

I  take  no  pleasure  in  the  performance  of  this  duty. 
Always  reluctant  to  disagree  with  the  General  Assembly, 
I  can  truly  say  this  disagreement  is  painful  in  the  ex- 
treme. I  have  abundant  sympathy  for  the  suffering 
people  of  Georgia,  and  in  the  desire  of  the  General 
Assembly  to  alleviate  their  sufferings.  But  on  entering 
this  ofl5ce  I  took  at  the  threshold,  in  presence  of  you  all, 
a  solemn  oath  to  preserve,  protect  and  defend  the  Con- 
stitution of  the  United  States,  and  of  the  State  of  Geor- 
gia; and  this  I  must  do,  as  I,  not  as  others  understand 
those  instruments.  If  I  doubted  I  would  give  the  measure 
the  benefit  of  the  doubt,  and  leave  its  constitutionality 
to  the  courts;  but,  not  doubting,  I  must  dissent  as  I 
regard  my  oath.  Upon  such  subjects,  men  equally  earn- 
est in  search  of  truth,  and  equally  upright  and  fair,  in 
their  habits  of  thought,  are  prone  to  differ.  Whenever 
such  a  difference  occurs,  it  becomes  each  party  to  extend 
to  the  other  the  need  of  upright  intention.  I  have  done 
what  I  conceive  to  be  my  duty,  and  if  after  reconsidera- 
tion, which  I  respectfully  invite,  a  constitutional  majority 
of  the  General  Assembly  should  adhere  to  the  measure, 
I  shall  indulge  the  hope  that  no  detriment  will  come  to 


Governor  Charles  J.  Jenkins  511 

the  State,  either  from  its  seemingly  unequal  practical 
operation,  or  from  its  imputed  violation  of  the  funda- 
mental law. 

Charles  J.  Jenkins,  Governor. 


MONDAY,  MARCH  12th,  1866. 

The  following  message  was  transmitted  to  the  Gen- 
eral Assembly,  to-wit : 

Executive  Department, 

Milledgeville,  Georgia, 

March  12th,  1866. 

To  the  General  Assembly: 

No  bill  having  yet  been  reported  to  me  relative  to 
the  civil  status  of  the  freedmen,  and  the  session  being 
near  its  close,  I  again  respectfully  urge  that  the  General 
Assembly  do  not  adjourn  without  distinct  action  on  this 
subject.  We  here  are  all  agreed  that  free  persons  of 
color  are  not  to  be  admitted  to  the  ballot  box  or  the  jury 
box.  But  it  is  essential  to  our  restoration  that  their 
capacity  to  contract,  to  sue  and  be  sued,  to  hold  property, 
to  testify  in  the  courts,  should  be  made  full  and  complete, 
that  in  these  respects  they  should  be  placed  on  the  footing 
of  the  citizen.  If  we  are  to  get  rid  of  military  rule — 
and  of  the  Freedman's  Bureau — if  we  are  to  have  the 
laws  administered  by  our  own  courts,  I  am  satisfied,  by 
information  in  my  possession,  that  these  things  must  be 
done. 

Charles  J.  Jenkins,  Governor. 


5 !  '2  Confederate   Recoeds 

MONDAY,  MARCH  12th,  1866. 

(copy) 

Executive  Department, 
Melledgeville,  Georgia, 

March  12th,  1866. 

$20,000. — Sixty  days  after  date  the  State  of  Georgia 
will  pay  to  George  A.  Cuyler,  cashier  at  the  Central 
Railroad  Bank  in  Savannah,  Georgia,  twenty  thousand 
dollars  in  United  States  currency,  for  value  received, 
with  interest  from  date  at  7  per  cent,  per  annum. 

To  secure  the  payment  of  which  I  have  this  day  de- 
livered to  the  said  Cuyler,  seven  per  cent,  bonds  of  the 
State  of  Georgia  amounting  to  twenty-five  thousand  dol- 
lars, which  he  is  hereby  authorized  to  sell  and  apply  the 
proceeds  to  the  payment  of  this  note  at  maturity;  pro- 
vided, that  they  shall  not  be  sold  at  less  than  ten  per 
cent,  discount. 

This  by  authority  of  an  ordinance  of  the  Convention 
dated  3rd  November,  1865. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  Seal  of  office,  on  the  day  and  year  first  above 
written. 

(Signed)    Charles  J.  Jenkins, 

Governor  of  Georgia. 

Countersigned : 
i  Jno.  Jones,  Treasurer. 


GovERNOB  Chakles  J.  Jenkins  513 

THURSDAY,  MAECH  22d,  1866. 

A  CARD. 

To  Georgia  Capitalists: 

A  portion  of  the  people  of  Georgia,  in  districts  over- 
run by  both  armies  during  the  late  war,  are  suffering 
for  lack  of  food,  and  unless  speedily  relieved  must  su:ffer 
still  more,  perhaps  starve.  Their  more  fortunate  and 
benevolent  neighbors  have  done  much  for  them,  but  can 
do  little  more.  The  evidence  of  these  facts  is  full  and 
startling.  The  Legislature  has  appropriated  money  for 
their  relief,  but  the  money  is  not  in  the  treasury.  They 
have  authorized  the  borrowing  of  money  upon  most  satis- 
factory security,  but  it  will  require  time  to  have  the  bonds 
and  mortgage  prepared  and  executed.  And  while  this 
time  runs  against  the  sufferers,  their  sufferings  will  be 
terribly  intensified.  I  am  ready  and  anxious  to  act,  but 
lack  the  means. 

In  the  name  of  patriotism  and  humanity,  I  appeal  to 
you  to  furnish  them.  It  will  be  a  good  pecuniary  invest- 
ment, and  something  more — a  commendable  charity. 
Bring  forward  the  money  on  loan  for  90  or  120  days,  or 
six  months  or  five,  or  thirty  years,  as  you  prefer,  with 
seven  per  cent,  interest.  You  will  run  no  risk,  and  the 
hungry  tvill  do  better. 

All  editors  friendly  to  the  object  will  please  give  the 
above  a  few  insertions,  and  briefly  direct  attention  to  it. 

Charles  J.  Jenkins, 

Governor. 


514  Confederate   Records  •      . 

MONDAY,  MARCH  26th,  1866. 

Executive  Department, 
Melledgevtlle,  Georgia, 
•  March  26th,  1866. 

Ordered,  That  Major  Campbell  Wallace,  of  the 
County  of  Bartow,  State  of  Georgia,  be,  and  he  is  hereby, 
appointed  Superintendent  of  the  Western  and  Atlantic 
Railroad  for  the  term  of  two  years  commencing  from  the 
first  day  of  January,  1866,  to  enter  forthwith  upon  the 
duties  of  such  Superintendent,  to  fill  the  vacancy  occa- 
sioned by  the  resignation  of  Col.  Robert  Baugh. 

Further  ordered,  That  a  certified  copy  of  this  order 
under  the  Seal  of  this  Department,  be  forwarded  to  the 
said  Campbell  Wallace  as  evidence  of  his  title  to  assume 
the  functions  and  duties  and  to  exercise  the  powers  by 
him  incident  to  that  position. 

Charles  J.  Jenkins, 

'    •    ■  Governor. 


^    .      .  MARCH  29th,  1866. 

Executive  Department, 
Milledgevelle,  Georgia, 

March  29th,  1866. 

Ordered,  That  Wm.  W.   Clayton,  of  the  County  of 
Fulton,  State  of  Georgia,  be,  and  he  is  hereby,  appointed 


Governor  Charles  J.  Jenkins  515 

Treasurer  of  the  Western  and  Atlantic  Railroad  for  the 
term  of  two  years  commencing  from  the  first  day  of 
January,  1866,  to  enter  forthwith  upon  the  duties  of  such 
Treasurer. 

Further  ordered,  That  a  certified  copy  of  this  order, 
under  the  Seal  of  this  Department,  be  forwarded  to  the 
said  Wm.  W.  Clayton  as  evidence  of  his  title  to  assume 
the  functions  and  duties,  and  to  exercise  the  powers  by 
him  incident  to  that  position. 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  APRIL  2nd,  1866. 

(copy) 
t  Executive  Department, 

MiLLEDGEVELLE,   GeORGIA, 

April  2nd,  1866. 

$1,000.00. — On  the  first  day  of  January  next,  the  State 
of  Georgia  will  pay  Samuel  Clayton,  or  bearer,  one  thou- 
sand dollars  in  lawful  currency  of  the  United  States,  for 
value  received,  with  interest  from  date. 

This  by  authority  of  an  act  of  the  General  Assembly 
dated  13th  March,  1866. 

In  witness  whereof  I  have  hereunto  set  my  hand 
and  Seal  of  office,  on  the  day  and  year  aforesaid. 

Charles  J.  Jenkins, 
Governor  of  Georgia. 
Countersigned : 

John  Jones,  Treasurer. 


516         )  Confederate   Records 

TUESDAY,  APRIL  3rd,  1866. 

(copy) 
Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

April  3rd,  1866. 

$10,000. — Six  months  after  date  the  State  of  Georgia 
will  pay  to  Henry  Brigham,  Esq.,  President  of  the  South- 
ern Insurance  and  Trust  Company  of  Savannah,  Geor- 
gia, or  bearer,  ten  thousand  dollars  in  lawful  currency 
of  the  United  States,  for  value  received,  with  interest 
from  date,  at  ten  per  cent,  per  annum. 

Tliis  by  authority  of  an  ordinance  of  the  Convention 
dated  3rd  November,  1865. 

Given  under  my  hand  and  Seal  of  office,  on  the 
day  and  year  first  above  written. 

Charles  J.  Jenkins, 

Governor  of  Georgia. 

Countersigned : 

John  Jones,  Treasurer. 


Governor  Charles  J.  Jenkins  517 

Executive  Department, 

milledgeville,  georgia, 

April  3rd,  1866. 

^15^000.— Six  months  after  date  the  State  of  Georgia 
will  pay  to  Henry  Brigham,  Esqr.,  President  of  the 
Merchants  National  Bank  of  Savannah,  Georgia,  or 
bearer,  fifteeen  thousand  dollars  in  lawful  currency  of 
the  United  States,  for  value  received,  with  interest  from 
date  at  ten  per  cent,  per  annum.  This  by  authority  of 
an  ordinance  of  the  Convention  dated  3rd  November, 
1865. 

Given  under  my  hand  and  Seal  of  office,  on  the 
day  and  year  first  above  written. 

Charles  J.  Jenkins, 


Governor. 


Countersigned : 

Jno.  Jones,  Treasurer. 


Executive  Department, 
milledgeville,  georgia, 

March  9th,  1866. 


$20  000.— After  date  the  State  of  Georgia  will  pay 
to  J  C.  Plant,  Esqr.,  President  of  the  First  National 
Bank  of  Macon,  or  bearer,  twenty  thousand  dollars  m 
lawful  currency  of  the  United  States,  for  value  received, 
with  interest  from  date  at  7  per  cent,  per  annum. 


518  CONFEDEEATE     ReCOEDS 

This  by  authority  of  an  ordinance  of  the  Convention 
dated  3rd  November,  1865. 

In  witness  whereof  I  have  hereunto  set  my  sig- 
nature and  Seal  of  office,  on  the  day  and  year 
aforesaid. 

Chaeles  J.  Jenkins, 

Governor  of  Georgia. 
Countersigned : 

Jno.  Jones,  Treasurer. 


SATURDAY,  APRIL  14th,  1866. 
Executive  Depaetment, 

MiLLEDGEVILLE,    GeOEGIA, 

April  14th,  1866. 

Ordered,  That  Ira  H.  Taylor,  of  the  County  of  Burke, 
State  of  Georgia,  be,  and  he  is  hereby,  appointed  Auditor 
of  the  Western  and  Atlantic  Railroad  for  the  term  of 
two  years,  commencing  from  the  first  day  of  January, 
1866,  to  enter  forthwith  upon  the  duties  of  such  Auditor. 

Further  ordered,  That  a  certified  copy  of  this  order, 
under  the  Seal  of  this  Department,  be  forwarded  to  the 
said  Ira  H.  Taylor  as  evidence  of  his  title  to  assume  the 
functions  and  duties,  and  to  exercise  the  powers  to  him 
incident  to  that  position. 

Chaeles  J.  Jenkins, 

Governor. 


Governor  Charles  J.  Jenkins  519 

SATURDAY,  APRIL  14th,  1866. 

PROCLAMATION. 

Executive  Department, 

MiLLEDGEVILLE,    GEORGIA, 

April  14th,  1866. 

Public  attention  has  doubtless  been  given  to  Circular 
No  4,  issued  on  the  6th  inst.  by  Brigadier  General  Davis 
Tillson  A  A.  Comr.  Bureau  Ref.  Fr'n.  and  Abandoned 
Lands,'and  approved  by  Brevet  Maj.-Gen.  J.  M  Bran- 
nan,  commanding  Department  of  Georgia,  and  to  Gen- 
eral Orders  No.  17  of  Brevet  Maj.-Gen.  Brannan  of  the 
same  date. 

By  these  orders  a  large  jurisdiction  in  civil  and  crimi- 
nal cases  whereto  freedmen  alone  or  freedmen  and  wh.  e 
persons  may  be  parties  heretofore  denied  to  the  State 
courts,  is  yielded  to  them. 

As  will  appear  in  the  sequel,  this  does  not  amount 
to  positive  and  final  withdrawal  of  military  authority^ 
It  is  unquestionably  a  highly  satisfactory  advance  in  the 
process  of  restoration  to  our  former  poht.caWtatus, 
which  may  be  followed  by  a  further  advance  m  the  same 
Iirection,'or  by  a  retrograde  movement,  as  c-umstances 
may  indicate.    It  has  been  induced  mainly  by  the  legis^ 
lation  of  the  General  Assembly  relative  to  the  status  of 
the  freedman.    It  will  not  be  lost,  and  may  be  speedily 
pushed  further  if  the  judiciary,  in  courts  of  enqmry  and 
L  courts  of  record,  the  bench  and  the  jury  bo.    give 
etfect  to  the  letter  and  spirit  of  the  laws  by  *em  enacted^ 
In  the  full  assurance  that  my  fellow-citizens,  official  and 


520  Confederate   Records 

tmofficia],  who  may  be  called  upon  to  participate  in  the 
administration  of  justice,  will  hold  the  scales  in  perfect 
equilibrium  as  between  individuals  and  classes. 

I  congratulate  the  people  of  Georgia  upon  this  earnest 
of  coming  restoration  of  interior  self-government.  In 
our  condition  neither  conscious  rectitude  of  intention  nor 
noisy  and  unbecoming  professions  of  it  will  avail  aught. 
Practical  demonstrations,  which  incredulity  itself  cannot 
gainsay,  and  nothing  else  will  work  out  our  redemption. 

It  is  of  great  importance  to  us  that  none  mistake  the 
effect  of  the  President's  recent  peace  proclamation,  and 
of  the  orders  above  referred  to.  Our  condition  is  cer- 
tainly anomalous,  and  mischievous  errors  might  result 
from  theoretical  speculation  upon  those  documents.  I 
therefore  state  as  the  result  of  official  intercourse  and  of 
careful  examination  of  previous  orders  and  circulars, 
which  are  only  modified,  not  withdrawn : 

1st.  That  the  agents  in  the  several  counties  of  the 
Preedman's  Bureau  still  have  jurisdiction  in  all  cases 
"between  freedmen  and  others  when  the  sum  involved 
does  not  exceed  fifty  dollars,  exclusive  of  interest.  They 
may  also  take  cognizance  of  and  try  cdl  offences  com- 
mitted hy  freed  people  or  against  them,  provided  the 
punishment  does  not  exceed  a  fine  of  fifty  dollars  or 
thirty  days  imprisonment  at  hard  labor."  They  are  also 
still  charged  with  the  duty  of  examining  and  approving 
or  disapproving  labor  contracts,  and  of  assisting  and 
protecting,  by  legal  means,  freedmen  requiring  such  aid. 
Trials  by  strictly  military  commissions  are  dispensed 
with  except  where  the  accused  is  a  soldier,  or  the  offence 
charged  is  one  against  the  Federal  Government. 

2ndly.     I  have  high  authority  for  saying  that  ''the 


GovEBNOR  Charles  J.  Jenkins  521 

President's  proclamation  does  not  remove  martial  law 
or  operate  in  any  way  upon  the  Freedman's  Bureau  in 
the  exercise  of  its  legitimate  jurisdiction,"  though  ''it 
IS  not  deemed  expedient  to  resort  to  military  tribunals  in 
any  case  ivhere  justice  can  he  attained  through  the  me- 
dium of  civil  authority."  My  impression  is,  that  in  case 
of  mihtary  arrest  by  orders  from  Headquarters,  Depart- 
ment of  Georgia,  interference  of  State  Judges  by  habeas 
corpus  will  not  be  permitted.  Such  orders  I  believe  will 
be  rarely  if  ever  issued,  and  I  trust  conflict  will  be 
avoided. 

Whilst  therefore,  by  thus  communicating  reliable  in- 
formation, I  seek  to  guard  the  whole  people  against 
erroneous  impressions  regarding  the  extent  to  which  the 
Federal  military  authority  is  relaxed,  I  respectfully  call 
upon  the  civil  authorities  to  assume  and  to  exercise,  in 
perfect  fairness  and  justice,  the  jurisdiction  clearly 
restored  to  them.  Calmly  and  patiently  pursuing  our 
now  ascending  course,  let  our  acts  illustrate  our  title  to 
fuller  confidence  and  higher  rights.  Faithful  observance 
of  the  Federal  Constitution  and  impartial  administra- 
tion of  the  law  will  best  vindicate  intentions  honestly 
entertained  and  distinctly  expressed,  but  cautiously  ac- 
credited. 

Charles  J.  Jenkins, 

Governor. 


522  Confederate   Becoeds 

TUESDAY,  APRIL  17th,  1866. 

Executive  Department, 

MlLLEDGEVILLE,   GeORGIA, 

April  17th,  1866. 

PROCLAMATION. 

Whereas,  the  Act  of  the  General  Assembly,  entitled 
'*An  Act  to  levy  and  collect  a  tax  for  the  support  of  the 
government  for  the  year  1866,  and  for  other  purposes," 
imposes  a  tax  of  twenty  cents  on  every  gallon  of  brandy, 
gin,  whiskey  or  rum,  sold  in  this  State,  returns  of  sales 
to  be  made  and  the  tax  paid  quarterly  beginning  with  the 
first  of  April. 

And  Whereas,  said  Act  was  not  passed  until  the  3rd 
March,  1866,  and  could  not  be  generally  known  before 
the  expiration  of  the  first  quarter,  whereby  great  hard- 
ship would  befall  persons  selling  in  ignorance  of  such 
impending  tax,  and  especially  those  selling  on  commission 
for  non-residents. 

Now,  therefore,  in  virtue  of  authority  in  me  vested 
by  law,  I,  Charles  J.  Jenkins,  Governor  of  the  State  of 
Georgia,  do  hereby  suspend  the  collection  of  the  tax 
imposed  by  the  12th  section  of  said  Act  upon  brandy, 
gin,  whiskey  and  rum  for  the  first  quarter,  only,  includ- 
ing the  months  of  January,  February  and  March,  1866, 
until  the  next  meeting  of  the  General  Assembly. 

Tax  Collectors  will,  nevertheless,  require  returns  for 


Governor  Charles  J.  Jenkins  523 

said  first  quarter,  as  though  the  collection  of  the  tax  had 
not  been  suspended. 

Given  under  my  hand  and  the  Seal  of  the  Execu- 
tive Department,  the  day  and  year  above  mentioned. 

Charles  J.  Jenkins, 

Governor. 


Executive  Department, 
Milledgeville,  Georgia, 

April  19th,  1866. 

Believing  that  the  object  contemplated  in  the  third 
section  of  an  Act  entitled  "An  Act  for  the  relief  of 
maimed  indigent  soldiers  and  officers,  citizens  of  this 
State  who  belonged  to  military  organizations  of  this 
State,  in  the  State  or  Confederate  States  armies,"  ap- 
proved March  12th,  1866,  will  be  best  and  most  speedily 
accomplished  by  the  appointment  of  surgeons  residing 
near  each  other,  that  they  may  be  readily  convened,  and 
having  full  confidence  in  the  surgical  skill  of  the  persons 
hereinafter  named. 

Ordered,  that  Doctors  L.  A.  Dugas,  H.  H.  Steiner  and 
L.  D.  Ford  be,  and  they  are  hereby,  appointed  a  com- 
mittee to  execute  the  third  section  of  said  Act. 

Charles  J.  Jenkins, 

Governor. 


524  Confederate   Records 

MONDAY,  APRIL  23rd,  1866. 

Circular. 

Executive  Department, 
milledgeville,  georgia, 

April  23rd,  1866. 

Information  has  reached  this  Department  that  the 
managers  of  The  Ladies'  Southern  Relief  Fair,  of  Balti- 
more, in  the  exercise  of  an  abounding  and  elevated 
charity,  had  caused  to  be  shipped  to  Savannah,  subject 
to  my  order,  five  hundred  barrels,  containing  flour,  meal 
and  bacon,  ''for  distribution  among  our'  truly  poor  suffer- 
ing white  people,"  and  that  they  "desire  that  the  appro- 
priation should  he  so  distributed  as  to  afford  the  greatest 
relief  to  the  greatest  number  of  the  really  deserving 
poor  and  suffering  women  and  children;"  to  effect  which 
distribution  they  have  also  appropriated  the  sum  of  two 
thousand  dollars:  And  the  consignees,  as  well  as  the 
President  of  the  Central  and  Atlantic  and  Gulf  Railroads, 
having  generously  offered  to  aid  the  enterprise  by  per- 
sonal service,  and  by  transportation,  free  of  charge,  (as 
other  persons  and  Presidents  of  railroads  doubtless  will 
do),  for  the  purpose,  therefore,  of  distributing  in  Con- 
gressional Districts  as  the  most  eligible  primary  divis- 
ions of  the  State,  they  being  organized  with  a  view  to  the 
nearest  attainable  equality  in  population:  I  make  and 
publish  the  following  order  and  requests: 

1st.  In  the  name  and  behalf  of  the  whole  people  of 
Georgia,  and  especially  of  the  destitute  and  suffering,  I 
tender  most  hearty  thanks  to  the  dispensers  of  this 
munificent  boon,  whom  I  would  designate  by  a  borrowed 


Governor  Charles  J.  Jenkins  525 

appellation,  whicli  blends  in  touching  association  the 
ideas  of  a  tender  womanly  relation  and  of  a  divine  attri- 
bute, ''SISTERS  OF  MERCY."  Such,  indeed,  are  these 
noble  women  of  Baltimore.  Heaven's  blessings  wait 
upon  them. 

2d.  Messrs.  Crane  and  GraybiH,  of  Savannah,  the 
consignees,  are  requested  to  divide  the  consignment  into 
seven  parts  as  nearly  equal  as  possible,  reference  being 
had  to  the  kinds  and  qualities  of  the  articles  composing 
it.  And  delivering  one  portion  in  Savannah,  as  herein- 
after provided,  will  ship  one  of  the  remaining  six  to  each 
of  the  following  points,  viz. :  To  Oglethorpe,  consigned 
to  the  Hon.  Philip  Cook;  to  Newnan,  consigned  to  the 
Hon.  Hugh  Buchanan;  to  Macon,  consigned  to  the  Hon. 
Thomas  Hardeman,  Jr. ;  to  Augusta,  consigned  to  Porter 
Fleming,  Esq.;  to  Athens,  consigned  to  the  Hon.  J.  A. 
Chi-istie;  to  Atlanta,  consigned  to  A.  K.  Seago,  Esq. 

3d.  The  following  gentlemen,  (the  first  named  in 
each  case  acting  as  chairman)  are  requested  to  take 
charge  of  the  several  consignments  for  their  respective 
Congressional  Districts  and  act  as  committees  of  distri- 
bution therein,  viz.:  For  the  1st  district — Messrs.  Solo- 
mon Cohen,  John  Screven  and  James  L.  Seward.  For 
the  2nd — Messrs.  Philip  Cook,  A.  S.  Cutts  and  D.  A. 
Vason.  For  the  3d — 'Messrs.  Hugh  Buchanan,  R.  A.  T. 
Ridley  and  J.  F.  Johnson.  For  the  4th— Messrs.  E.  G, 
Cabiness,  Thos.  Hardeman,  Jr.,  and  Jeremiah  Beall.  For 
the  5th — Messrs.  J.  D.  Mathews,  Samuel  Barnet  and 
Porter  Fleming.  For  the  6th — Messrs.  J.  H.  Christie,  J. 
S.  Gholston  and  Thomas  Morris.  For  the  7th — Messrs. 
"William  T.  Wofford,  J.  A.  W.  Johnson  and  A.  K.  Seago. 

The  consignee  in  each  district  will  notify  the  other 


526  Confederate   Records 

members  of  his  committee  so  soon  as'  he  may  receive  the 
consignment,  and  appoint  a  day  for  their  meeting  at  the 
place  of  delivery. 

Each  committee  is  authorized  to  appoint  necessary 
assistants  and  sub-agents,  and  will  act  with  special  refer- 
ence to  the  declared  wishes  of  the  donors. 

Bills  of  expenses  unavoidably  incurred  will  be  pre- 
sented at  this  office  for  payment. 

4th.  Editors,  throughout  the  State,  willing  to  con- 
nect themselves  with  this  laudable  charity  are  requested 
to  give  this  order  a  few  insertions. 

5th.  Let  a  copy  of  this  order  be  forwarded  to  Wil- 
liam Crighton,  Esq.,  Baltimore,  who  is  requested  to  pre- 
sent it  to  the  managers  of  the  Ladies'  Southern  Relief 
Fair  as  a  truthful  though  imperfect  expression  of  Geor- 
gia's gratitude. 

Let  copies  be  forwarded  also  to  Messrs.  Crane  and 
Graybill,  Savannah,  to  each  member  of  the  several  com- 
mittees appointed,  and  to  each  President  of  a  railroad  in 
Georgia. 

Chajiles  J.  Jenkins, 

Governor. 


GovEENOK  Chaeles  J.  Jenkins  527 

FRIDAY,  APRIL  27th,  1866. 

Executive  Department, 

MrLiLEDGEVILLE,  GEORGIA, 

April  27,  1866. 

By  virtue  of  authority  in  me  vested  by  the  General 
Assembly  of  the  State  of  Georgia  to  borrow  money  on 
the  credit  of  the  State,  and  to  issue  and  negotiate  bonds 
of  the  State;  and  to  appoint  an  agent  or  agents  to  visit 
such  place  or  places  as  he  may  direct,  and  to  empower 
such  agent  to  make  negotiations  upon  such  terms  as  the 
Governor  of  said  State  may  direct. 

Now,  therefore,  know  all  whom  it  may  concern,  that 
I,  Charles  J.  Jenkins,  Governor  of  the  said  State  of 
Georgia,  have  nominated  and  appointed,  and  hereby  do 
nominate  and  appoint,  Thomas  W.  Chichester,  of  the 
city  of  Augusta,  in  said  State,  the  agent  and  attorney  in 
fact  of  the  State  of  Georgia  to  visit  the  city  of  New 
York,  and  other  cities  of  the  United  States,  and  there  to 
negotiate  for  the  State  a  loan,  or  loans,  to  the  amount, 
in  the  aggregate,  of  half  a  million  of  dollars,  to  run 
four  months,  or  any  less  time,  on  such  terms  as  may  be 
agreed  upon,  and  as  evidence  of  the  indebtedness  so  in- 
curred, to  make,  sign  and  deliver  to  any  body  corpo- 
rate, partnership  or  individual,  a  note,  or  notes  of  the 
State  of  Georgia,  or  such  other  instrument  of  writing  as 
may  be  usual  in  like  cases,  and  to  sign  the  same  in  my 
name  as  Governor  of  said  State,  and  to  hypothecate 
bonds  of  the  State  of  Georgia,  issued  by  authority  of 
law,  and  deliver  to  him  as  collateral  security  for  such 
loan  or  loans. 


528  Confederate   Records 

I  further  hereby  authorize  and  empower  the  said 
Thomas  W.  Chichester  to  have  engraved  and  printed 
bonds  of  the  said  the  State  of  Georgia,  and  a  mortgage 
on  the  Western  and  Atlantic  Road  as  security  therefor, 
agreeably  to  instructions  furnished  and  to  be  furnished 
him,  and  when  said  bonds  shall  have  been  executed  and 
secured,  to  negotiate  and  sell  the  same  as  he  may  from 
time  to  time  be  instructed  to  do. 

And  I  hereby,  as  Grovernor  as  aforesaid,  ratify  and 
confirm  whatsoever  the  said  Thomas  W.  Chichester  may 
do  in  the  legitimate  and  proper  execution  of  said  agency. 

Given  under  my  hand  and  the  seal  of  the  Execu- 
tive Department,  the  day  and  year  above  men- 
tioned. 

Charles  J.  Jenkins, 
Governor. 


THURSDAY,  MAY  17th,  1866. 

Executive  Department, 

Milledgeville,  Georgia, 

May  17,  1866. 

^y  virtue  of  authority  vested  in  me  by  the  eleventh 
Section  of  an  Act  of  the  General  Assembly,  approved 
13th  March,  1866,  I,  Charles  J.  Jenkins,  Governor  of  the 
State  of  Georgia,  have  nominated  and  appointed,  and  by 


Governor  Charles  J.  Jenkins  529 

these  presents  do  nominate  and  appoint,  Robert  F.  Mad- 
dox  of  the  County  of  Fulton,  in  this  State,  agent  of  said 
State  for  the  purchase  of  corn  in  such  market  in  the 
United  States  as  he  may  find  most  eligible,  to  be  dis- 
posed of  as  in  said  Section  directed,  and  to  ship  and  su- 
pervise the  transportation  of  said  corn  on  such  land  or 
water  lines  of  carriage  as  he  may  select,  to  Chattanooga, 
in  the  State  of  Tennessee ;  and  for  the  purpose  of  making 
such  i:)urchase,  to  draw  by  his  check,  as  agent  of  said 
State,  the  whole  or  any  part  of  such  money  as  may  be 
deposited  to  his  credit  as  such  agent  as  aforesaid,  in  any 
bank  in  the  United  States  of  America;  and  to  do  all 
other  acts  necessary  and  proper  to  effect  the  purchase 
and  transportation  as  aforesaid  of  so  much  corn  as  he 
may,  from  time  to  time,  be  by  me  directed  to  make. 
Hereby  ratifying  and  confirming  all  things  whatsoever 
the  said  agent  may  do  in  pursuance  of  these  premises. 

Given  under  my  hand  and  the  seal  of  the  Execu- 
tive Department,  the  day  and  year  above  men- 
tioned. 

Charles  J.  Jenkins, 

Governor. 

By  the  Governor, 
R.  L.  Hunter, 

Sec'y.  Ex.  Dept. 


530  CONFEDEKATE    EeCOEDS 

MONDAY,  MAY  21st,  1866. 

Executive  Depaktment, 

milledgeville,  georgia, 
May  21,  1866. 

By  virtue  of  authority  in  me  vested  by  the  General 
Assembly  of  the  State  of  Georgia,  to  borrow  money  on 
the  credit  of  the  State,  and  to  issue  and  negotiate  bonds 
of  the  State,  and  to  appoint  an  agent  or  agents  to  visit 
such  place  or  places  as  he  may  direct,  and  to  empower 
such  agent  to  make  negotiations  upon  such  terms  as  the 
Governor  of  the  State  may  direct. 

Now,  therefore.  Know  all  whom  it  may  concern,  that 
I,  Charles  J.  Jenkins,  Governor  of  the  said  State  of 
Georgia,  have  nominated  and  appointed,  and  hereby  do 
nominate  and  appoint,  Thomas  W.  Chichester,  of  the  city 
of  Augusta,  in  said  State,  the  agent  and  attorney  in  fact 
of  the  State  of  Georgia,  to  visit  the  city  of  New  York, 
and  other  cities  of  the  United  States,  and  there  to  nego- 
tiate for  the  State,  a  loan  or  loans  to  the  amount  in  the 
aggregate  of  half  a  million  of  dollars,  to  run  four  months, 
or  any  less  time,  on  such  terms  as  may  be  agreed  upon; 
and  as  evidence  of  the  indebtedness  so  incurred,  to  make, 
sign,  and  deliver  to  any  body  corporate,  jDartnership  or 
individual,  a  note,  or  notes,  of  the  State  of  Georgia,  or 
such  other  instrument  of  writing  as  may  be  usual  in  like 
cases,  and  to  sign  the  same  in  my  name  as  Governor  of 
said  State,  and  to  hypothecate  bonds  of  the  State  of 
Georgia,  issued  by  authority  of  law,  and  delivered  to  him 
as  collateral  security  for  such  loan  or  loans. 

And  I  hereby,  as  Governor  as  aforesaid,  ratify  and 


GovEENOR  Chaeles  J.  Jenkins  531 

confirm  whatsoever  the  said  Thomas  W.  Chichester  may 
do  in  the  legitimate  and  proper  execution  of  said  agency. 
Given  under  my  hand  and  the  seal  of  the  Exec- 
utive Department,  the  day  and  year  above  writ- 
ten. 

Chaeles  J.  Jenkins, 

Governor. 
By  the  Governor, 

H.  J.  Cr.  Williams, 

Sec'y.  Ex.  Dept. 


MONDAY,  MAY  28th,  1866. 

Executive  Department, 
Milledgeville,  Georgia, 
May  28,  1866. 

In  conformity  with  instructions  of  the  General  As- 
sembly in  Besolution  No.  48,  pg.  328,  Acts  of  1865  and 
1866,  I  hereby  appoint  General  Howell  Cobb,  of  Macon, 
Major  Mark  A.  Cooper,  of  Athens,  and  John  H.  Fitten, 
Esq.,  of  Adairsville,  "Commissioners  to  examine  and 
report  upon  the  propriety  of  removing  the  present  peni- 
tentiary and  locating  it  elseivhere,  or  of  establishing  an 
additional  one/'  and  for  other  purposes,  in  said  resolu- 
tion set  forth— to  which  the  attention  of  said  commission- 
ers is  specially  directed. 

Charles  J.  Jenkins, 

Governor. 


532  Confederate   Records 

MONDAY,  MAY  28th,  1866. 

Executive  Department, 
MilIjEdgeville,  Georgia, 

May  28, 1866. 

In  conformity  with  an  Act  of  the  General  Assembly 
of  the  State  of  Georgia,  entitled  '^An  Act  to  organize 
and  establish  an  Orphan  Home  in  this  State,"  approved 
17th  March,  1866,  (No.  232,  pg.  228,  of  the  Acts  of  1865 
and  1866,)  I  hereby  appoint  Messrs.  William  B.  Johnson 
of  Macon,  Richard  Peters  of  Atlanta  and  Henry  Hull, 
Jr.,  of  Athens,  under  the  second  Section  thereof. 

And  I  further  appoint,  as  Trustees  of  "The  Georgia 
State  Orphan  Home,"  under  the  third  Section  of  said 
Act,  the  Rev.  H.  H.  Tucker  of  Atlanta,  Rev.  Wm.  H. 
Potter  of  Augusta,  Rev.  William  Flinn  of  Milledgeville, 
Rev.  Wm.  C.  Williams  of  Rome  and  Messrs.  Warren 
Aiken  of  Bartow  County,  James  Gardner  of  Richmond 
County,  James  M.  Chambers  of  Muscogee  County,  John 
W.  Anderson  of  Savannah  and  Junius  Wingfield  of 
Eatonton. 

Said  appointees  will  govern  themselves  by  the  pro- 
visions of  said  Act,  the  first  named  of  each  board  acting 
as  chairman,  with  authority  to  convene  his  body  until 
their  first  meeting  and  organization. 

Charles  J.  Jenkins, 

Governor. 


GovEBNOE  Chaeles  J.  Jenkins  533 

WEDNESDAY,  AUGUST  15th,  1866. 

Executive  Depabtment, 

MiLLEDGEVILLE,   GeORGIA, 

August  15,  1866. 

Ordered,  That  William  H.  Scott  and  Peter  Fair  be, 
and  they  are  hereby  appointed  a  committee  under  the 
thirty-sixth  Section  (36th)  of  the  General  Appropriation 
Act  to  witness  and  superintend  the  burning  of  Confed- 
erate Treasury  Notes,  State  Treasury  Notes  and  Change 
Bills  and  other  un-current  notes  that  may  be  in  the 
Treasury  at  the  time  of  said  burning. 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  SEPTEMBER  17th,  1866. 

Executive  Department, 

MiLLEDGEVILLE,   GeORGIA,     ^ 

September  17,  1866. 

The  contingency  upon  which  the  Governor  was  au- 
thorized by  an  Act  of  the  General  Assembly,  approved 
12th  March,  1866,  "to  arrest  the  collection  of  so  much 
of  the  State  tax  as  is  levied  on  lands  in  the  State,"  viz.: 
the  enforcement  by  the  United  States'  Government  of 
the  land  tax  against  the  people  of  Georgia,  not  having 


534  CONPEDEBATE     ReCORDS 

occurred  by  reason  of  the  suspension  of  the  latter  tax, 
and  the  property  returned  this  year  for  taxation  "ad 
valorem,"  being  about  one  hundred  and  sixty  millions 
of  dollars  less  than  that  returned  in  1860,  (exclusive  of 
slaves)  it  is 

Ordered,  in  pursuance  of  the  first  Section  of  an  Act 
entitled,  "An  Act  to  levy  and  collect  a  tax  for  the  sup- 
port of  the  government  for  the  year  1866,  and  for  other 
purposes,"  (approved  3d  March,  1866,)  that  a  tax  of 
one-sixth  of  one  per  cent,  be  assessed  and  collected  on 
the  property  returned,  exclusive  of  specific  taxes. 

Charles  J.  Jenkins, 

Governor. 


THURSDAY,  SEPTEMBER  20th,  1866. 
Executive  Department, 

MlLLEDGEVILLE,    GeORGIA, 

September  20th,  1866. 

The  report  of  the  Committee  of  Scientific  Surgeons 
appointed  to  examine  samples  of  artificial  limbs  sub- 
mitted to  their  inspection  by  different  manufacturers 
having  been  received,  the  contract  is  awarded  to  Dr. 
Douglass  Bly  for  his  army  and  navy  leg  and  for  his 
Keoller  arm  as  the  lowest  bidder,  "taking  into  consider- 
ation quality  as  well  as  price,"  in  the  language  of  the 
Act.  And  the  said  Douglass  Bly  having  executed  a  con- 
tract, which  is  of  file  in  this  office,  to  manufacture  said 


GovEKNOR  Charles  J.  Jenkins  535 

limbs  in  the  city  of  Macon,  parties  having  procured  the 
necessary  certificate  as  provided  in  Sections  second  and 
third  of  said  Act,  (which  may  be  seen  by  calling  on  the 
Ordinary,)  may  apply  to  the  contractor  and  be  supplied. 
Parties  applying  are  enjoined  to  strict  compliance  with 
the  Act.  Dr.  Bly  requests  that  the  Ordinaries  communi- 
cate to  him,  at  Macon,  the  name  and  address  of  each 
person  to  whom  they  may  issue  a  certificate. 

Charles  J.  Jenkins, 

Governor. 


Executive  Department, 
Milledgeville,  Georgia, 

Memorandum  of  an  agreement  entered  into  between 
Douglass  Bly,  M.  D.,  manufacturer  of  artificial  limbs, 
and  Charles  J.  Jenkins,  Governor  of  the  State  of  Geor- 
gia. 

Whereas,  by  Act  of  the  General  Assembly,  approved 
12th  March,  1866,  entitled,  "An  Act  for  the  relief  of 
maimed  indigent  soldiers  and  officers,  citizens  of  this 
State,  who  belonged  to  military  organizations  of  this 
State  in  the  State  or  Confederate  Armies,"  the  Governor 
of  this  State  was  authorized  to  call  for  proposals  for  the 
manufacture  of  artificial  limbs  for  the  purpose  above 
recited:  And  Whereas,  the  said  Douglass  Bly,  M.  D.,  is 
the  lowest  bidder  ' '  taking  into  consideration  as  well  qual- 
ity as  price." 

Now,  therefore,  it  is  covenanted  and  agreed,  by  and 
between  the  parties  aforesaid,  as  follows: 


536  Confederate   Eecokds 

The  said  Douglass  Bly  on  his  part  agrees  and  cove- 
nants to  manufacture  and  deliver  at  Macon,  in  said  State, 
within  twelve  months  from  the  date  of  these  presents, 
artificial  legs  or  arms,  as  the  case  may  be,  for  such  dis- 
abled or  maimed  citizens  of  this  State  as  may  present 
to  him  the  order  of  the  Comptroller-General,  John  T. 
Burns,  as  provided  in  Section  3d  of  said  Act,  and  in  the 
order  of  the  presentation,  and  to  fit  and  adjust  said  limbs 
to  said  applicants,  the  arms  to  be  of  the  Koeller  patent, 
and  the  legs  to  be  of  the  description  known  as  Ely's 
Army  and  Navy  leg,  and  each  corresponding  with  the 
samples  exhibited  to  Drs,  Dugas,  Steiner  and  Ford,  the 
examining  committee,  and  now  deposited  in  the  Execu- 
tive Office,  and  to  be  made  of  the  best  materials  and  in 
the  most  skillful   and  workmanlike  manner.     And   the 
said  Douglass  Bly  further  covenants   and   agrees   and 
guarantees  that  every  limb  manufactured  under  this  con- 
tract shall  be  serviceable,  and  that  he  will  repair,  free  of 
charge,  all  injuries  to  any  limb  resulting  from  defective 
material  or  workmanship,  of  which  an  inspector,  to  be 
appointed  as  the  Legislature  may  direct,  shall  be  the 
judge,  and  will  furnish  a  new  socket  for  each  limb  when- 
ever it  may  become  necessary  from  a  shrinking  of  the 
mutilated  limb  on  which  it  is  worn,  for  the  sum  of  twen- 
ty-five dollars,  and  will,  in  all  respects,  conform  to  the 
provisions  and  requirements  of  said  Act;  and  further 
that  should  the  Legislature  deem  it  proper  to  appoint  an 
inspector  of  limbs,  each  limb  shall  be  submitted  to  and 
approved  by  him  before  delivery. 

And  the  said  Douglass  Bly  further  covenants  and 
agrees,  that  he  will  receive  as  a  consideration  for  each 
leg  so  furnished,  the  sum  of  seventy  dollars  ($70.00)  for 
each  arm,  where  the  amputation  is  above  the  elbow,  the 


Governor  Charles  J.  Jenkins  537 

sum  of  seventy  dollars  ($70.00),  and  for  each  arm  where 
the  amputation  is  below  the  elbow,  the  sum  of  forty  dol- 
lars ($40.00),  to  be  paid  as  provided  in  the  fourth  Sec- 
tion of  the  Act  aforesaid:  And  further,  that  when  he 
shall  have  furnished  limbs  of  both  kinds  the  aggregate 
cost  of  which,  at  the  prices  above  mentioned,  is  twenty 
thousand  dollars  ($20,000.00)  he  will  so  report  to  the 
said  Charles  J.  Jenkins,  Governor,  or  his  successor,  and 
proceed  no  further  without  express  order  from  said 
Governor  or  his  successor.  And  the  said  Charles  J. 
Jenkins,  Governor  as  aforesaid,  on  the  part  and  behalf 
of  the  State  of  Georgia,  agrees  and  covenants  that  for 
each  limb  so  furnished  and  delivered  in  conformity  with 
this  contract  and  with  the  Act  aforesaid,  the  said  Doug- 
lass Bly  shall  receive,  at  the  treasury,  the  consideration 
above  stipulated,  as  provided  in  the  fourth  Section  of 
said  Act. 

In  testimony  whereof,  the  said  Douglass  Bly  haih 
hereunto  set  his  hand  and  seal,  and  the  said  Charles  J. 
Jenkins  his  official  signature  and  the  seal  of  the  Execu- 
tive Department,  in  duplicate,  this  20th  day  of  Septem- 
ber, 1866. 

(Signed)     Douglass  Bly,  (Seal) 

(Signed)     Charles  J.  Jenkins, 

Governor. 

By  order  of  the  Governor, 
Richard  L.  Hunter, 

Sec'y.  Ex.  Dept. 


538  Confederate   Records 

TUESDAY,  SEPTEMBER  25th,  1866. 

Executive  Department, 
milledgeville,  georgia, 
September  25,  1866. 

Ordered,  That  all  maimed  soldiers  entitled  to  arti- 
ficial limbs  under  the  Act  of  the  General  Assembly,  be 
allowed  to  travel  free  of  charge  over  the  Western  and 
Atlantic  Railroad  in  going  to  and  returning  from  the 
place  of  manufacture  on  that  business,  upon  procuring 
the  certificate  of  the  Ordinaries  that  they  are  so  en- 
titled. 

Charles  J.  Jenkins, 

Governor. 


FRIDAY,  SEPTEMBER  28th,  1866. 

Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

September  28,  1866. 

Ordered,  That  Bushrod  W.  Frobel,  engineer  in  the 
service  of  the  State  of  Georgia  be,  and  he  is  hereby  au- 
thorized and  empowered  to  contract  in  behalf  of  said 
State,  with  the  Justices  of  the  Inferior  Court  of  Baldwin 
County  for  the  building  of  a  bridge  across  the  Oconee 
River  at  Milledgeville  on  terms  already  approved  by  me, 


GovEKNOR  Charles  J.  Jenkins  539 

for  the  purpose  of  giving  employment  to  freedmen  sen- 
tenced to  work  in  chain  gang  and  delivered  to  me  by  the 
Justices  of  the  Inferior  Court  of  divers  counties. 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  OCTOBER  1st,  1866. 

Executive  Department, 
Milledgeville,  Georgia, 
October  1st,  1866. 

In  the  matter  of  internal  revenue  tax  heretofore  de- 
manded and  collected  by  the  collector  for  the  4th  district 
of  Georgia  from  the  Superintendent  of  the  Western  and 
Atlantic  Railroad  upon  the  gross  monthly  receipts  of  said 
road,  the  judge  of  the  United  States  District  Court  for 
the  Northern  District  of  Georgia  having  decided  that 
said  tax  was  illegally  assessed  and  collected,  and  having 
enjoined  the  collection  of  the  same,  it  is 

Ordered,  that  Campbell  Wallace,  Superintendent  of 
said  railroad,  forthwith  petition  the  Secretary  of  the 
Treasury  to  refund  said  tax  so  illegally  collected. 

Charles  J.  Jenkins, 

Governor. 


540  Confederate   Records 

SATURDAY,  OCTOBER  13th,  1866. 

Executive   Department, 

MiLLEDGEVILLE,    GeORGIA, 

October  13th,  1866. 

In  conformity  with  an  Act  of  the  General  Assembly, 
approved  March  12th,  1866,  numbered  10,  it  is  ordered: 

1st.  That  all  bonds  and  coupons  of  the  State  of  Geor- 
gia now  due,  and  which  were  not  issued  in  aid  of  the 
late  war,  wheresoever  made  payable,  may  be  funded  on 
presentation  at  the  treasury  of  the  State  in  mortgage 
bonds  of  the  State  bearing  7  per  cent,  interest  from  the 
1st  day  of  July,  1866,  that  being  the  day  of  their  date. 

2d.  That  all  coupons  payable  in  New  York  or  in 
London,  now  due,  and  embraced  in  descriptive  list  fur- 
nished the  agency  by  the  Treasurer,  may  be  funded  in 
bonds  described  above  on  presentation  at  the  National 
Bank  of  the  Republic,  New  York. 

3d.  That  all  coupons  funded  in  New  York  be  marked 
*'Paid",  and  returned  to  the  treasury  with  a  descriptive 
list  of  bonds  issued  in  funding  them. 

4th.  That  the  Treasurer  endorse,  or  cause  to  be  en- 
dorsed, on  each  bond  refunded,  the  name  of  the  person 
presenting  it,  and  that  a  registry  of  all  bonds  issued  in 
the  funding  process  be  kept  in  the  Treasurer's  office. 

5th.  No  interest  is  allowed  on  bonds  or  coupons  after 
maturity. 

Charles  J.  Jenkins, 

Governor. 


Governor  Charles  J.  Jenkins  541 

THURSDAY,  NOVEMBER  1st,  1866. 

The  following  Annual  Message  of  His  Excellency, 
Charles  J.  Jenkins,  was  this  day  transmitted  to  the  Gen- 
eral Assembly,  to-wit: 

Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

November  1st,  1866. 

Senators  and  Representatives :  Although,  during  the 
year  now  drawing  to  a  close,  the  seasons  have  been  un- 
propitious  to  the  husbandman,  trade  disappointing  to  the 
merchant,  and  the  signs  of  the  times  discouraging  to  the 
patriot,  blessings,  not  wholly  *'in  disguise,"  have  come 
to  all.  The  true  believer  recognizes  the  hand  of  an  over- 
ruling Providence  as  well  in  seeming  evil  as  in  positive 
good. 

It  becomes  all  men,  of  every  age  and  clime,  to  accept 
adversity  as  merited  chastisement,  and  to  propitiate  of- 
fended Deity  by  repentance  and  reform. 

Federal  Relations. 

Since  your  last  adjournment,  little  progress  has  been 
made  either  in  the  reconstruction  of  a  dismembered  gov- 
ernment, or  in  the  restoration  of  material  prosperity  to 
that  portion  of  the  country  desolated  by  recent  Civil 
War.  However  produced,  the  fact  is  indisputable,  that 
the  government  of  the  United  States  this  day  stands 
before  the  civilized  world  in  the  lamentable  condition 
of  dismemberment.  Four  of  the  thirteen  States  that 
originally  took  part  in  the  formation  of  the  Union,  and 


542  CONFEDEEATE     ReCOKDS 

six  that  have  been  added  in  the  progress  of  a  marvelous 
development,  are  now  totally  excluded  from  participation 
in  its  legislative  and  administrative  functions.  It  is  true 
that  the  now  excluded  States  did  voluntarily  abandon 
such  participation,  by  what  was  designed  as  a  peaceful 
and  permanent  withdrawal;  but  the  right  so  to  do  was 
denied  to  them,  and  upon  that  question  of  right  the  war 
ensued.  The  party  denying  the  existence  of  the  right, 
maintained  that  the  Union  was  indissoluble  by  such 
means,  that  it  still  existed  in  full  force,  and  nothing  more 
was  necessary  than  the  suppression  of  irregular  resist- 
ance to  its  authority.  That  resistance  having  been  sup- 
pressed, after  a  struggle  of  five  years'  continuance — the 
resistants  having  grounded  their  arms — submitted  in 
word  and  act  to  the  authorities  of  the  United  States — 
rescinded  all  Constitutions,  ordinances,  laws  and  resolu- 
tions asserting  independence  of,  or  antagonism  to  that 
government — declared  its  constitution  their  supreme  law, 
and  elected  Senators  and  Representatives  to  the  Federal 
Congress — the  logical  conclusion  from  the  premises  of 
the  victors  is,  and  the  practical  result  should  be,  that  the 
attempt  has  failed  and  that  the  Union  stands  unshaken. 
All  that  the  resistants  may  have  done  towards  dismem- 
berment, they  have  undone.  The  temporary  breach  they 
made,  they  have  repaired.  Why,  then,  are  they  not  in 
the  Union  as  formerly?  The  answer  is,  that  the  domi- 
nant States,  through  their  representatives  in  Congress, 
positively  refuse  their  admission  to  the  national  coun- 
cils, and  the  conclusion  is  inevitable,  that  from  this  re- 
fusal the  present  dismemberment  results.  Reasoning 
upon  their  own  theory,  if  the  Southern  States  be  not  now 
within  the  pale  of  the  Union,  they  have  been  ejected  by 
this  Congress.  If  they  be,  their  Constitutional  right  of 
representation  is  denied  them  by  the  same  authority. 


Governor  Charles  J.  Jenkins  543 

The  President  of  the  United  States,  second  to  none  in 
devotion  to  the  Union,  though  placed  during  the  war,  by 
the  intensity  of  that  feeling,  in  opposition  to  his  native 
section,  consistently  illustrates  it  in  restored  peace.  He 
distinctly  affirms  the  right  of  the  Southern  States  to  rep- 
resentation in  Congress ;  and,  for  this  adherence  to  prin- 
ciple, has  been  abandoned  and  denounced  by  those  who 
placed  him  in  power.  The  Legislative  and  executive  de- 
partments of  the  government  are  thus  brought  into  con- 
flict, seemingly  irreconcilable  and  daily  increasing  in  bit- 
terness. 

The  people,  too,  of  the  dominant  States  now  wielding 
the  whole  power  of  the  government,  are  themselves  di- 
vided ;  and  we,  the  excluded,  against  whom  they  recently 
presented  the  unbroken  front  of  relentless  war,  though 
now  passive  and  unresisting,  have  suddenly  become  to 
them  an  apple  of  discord.  In  this  contest,  our  position, 
our  motives,  and  our  purposes  are  severely  scrutinized. 
These  are  all  flagrantly  misrepresented  by  unscrupulous 
demagogues,  and  many,  very  many,  well  meaning  per- 
sons are  undoubtedly  deceived  by  them. 

The  pending  issue  may  not  find  a  very  early  solution. 
Meantime,  we  pass  through  an  ordeal  thoroughly  adapted 
''to  try  men's  souls."  But  we  must  be  true  to  ourselves, 
to  those,  who,  though  not  of  us,  are  fighting  our  battles, 
and  to  the  country ;  we  must  steadily  and  calmly  pursue 
the  course  upon  which  we  have  started,  neither  betrayed 
into  error  by  false  representations  of  the  malignant  and 
consequent  injurious  suspicions  of  the  credulous;  nor 
yielding  to  humiliating  demands,  against  which  justice 
exclaims  and  manhood  revolts.  Pursuing  this  course,  we 
shall,  in  time,  live  down  both  detraction  and  delusion, 


544  Confederate   Eecoeds 

and  achieve  a  moral  victory  far  more  enduring  and  en- 
nobling than  any  triumph  of  mere  physical  force. 

Proposed  Amendment  of  the  Constitution. 

As  germain  to  the  subject  already  discussed,  I  call 
your  attention  to  another  proposed  amendment  of  the 
Constitution  of  the  United  States,  transmitted  to  me  by 
the  Secretary  of  State,  and  accompanying  this  commu- 
nication. The  fact  that  your  action  upon  it  is  thus  in- 
voked, imposes  on  you  an  obligation  to  consider  it  re- 
spectfully. 

This  amendment,  designed,  like  all  of  recent  origin,  to 
operate  especially  on  the  Southern  States,  contains  sev- 
eral Sections,  to  some  of  which  I  invite  special  attention. 

1.  The  prominent  feature  of  the  first  is,  that  it  set- 
tles definitely  the  right  of  citizenship  in  the  several  States, 
as  political  communities,  thereby  depriving  them  in  the 
future  of  all  discretionary  power  over  the  subject  within 
their  respective  limits,  and  with  reference  to  their  State 
governments  proper.  It  makes  all  persons  of  color,  born 
in  the  United  States,  citizens. 

2.  The  second  changes  the  basis  of  representation  in 
the  popular  branch  of  the  Congress  and  in  Presidential 
electoral  colleges.  It  provides  that,  in  apportioning  rep- 
resentation among  the  States,  all  persons  (except  In- 
dians not  taxed)  shall  be  taken  into  the  enumeration,  un- 
less the  elective  franchise  be  denied  in  any  State  to  any 
male  inhabitants,  being  citizens  of  the  United  States,  and 
twenty-one  years  of  age,  or  be  in  any  manner  abridged 
(otherwise  than  as  a  punishment  for  crime,)  in  which 
event  the  representation  shall  be  proportionally  reduced. 

Whether  the  object  in  proposing  this  change  be  the 


GoTERNOE  Chaeles  J.  Jenkins  545 

extension  of  the  elective  franchise  to  persons  of  African 
descent,  (nearly  all  of  whom  are  notoriously  unqj^abfed 
for  it,)  or  a  further  diminution  of  the  already  relatively 
small  weight  of  the  Southern  States  in  the  administra- 
tion of  the  government,  the  adoption,  of  «-  amendmen 
will  certainly  force  upon  them  a  choice  be  ween    hose 
evils     If  the  former  be  the  real  object,  the  latter  alter- 
native must  be  regarded  simply  as  a  penalty  for  refusmg 
it     In  this  view,  it  is  not  difficult  to  expose  the  flagrant 
injustice  of  the  proposition.    Let  us  consider  te.efly  how 
the  amendment  will  affect  States  wherein  slavery  did  not 
exist  prior  to  the  war,  and  how  those  wherein  it  existed^ 
In  the  former  class,  the  selection  of  the  one  or  the  other 
alternative  will  be  only  a  matter  of  taste  -^^  g---    Pf  " 
he  interest  being  involved.    If  the  franchise  l^e -ended 
the  number  thus  newly  admitted  to  the  ballot  will  be  so 
small  that  no  appreciable  effect  upon  VOV-^^^  e\ecUons 
can  result.    If  refused,  the  number  excluded  from  the 
enumeration  in  fixing  the  ratio  of  '^'^P'^^!^"*'"'";,^'' 
still  be  so  small,  that  the  consequent  '•e'3"<=t^»''7«'^'^  "?* 
be  seriously  felt,  and  in  some  instances  would  piobab  y 
be  merely   fractional,    producing  no  curtailment  at  all. 
Now,  look  to  the  other  class  of  States.    There  the  num- 
ber oi  voters  proposed  to  be  enfranchised,  ancl  wholly 
unprepared  for  the  trust  would  be  immense,  airi  the  dis- 
tui'ance  in  the  motive  power  »f  ™Pf '-^.^f/XJ 
incalculable.     There,  too,  on  the  other  hand   i    the  fran^ 
chise  be  withheld,  the  reduction  of  representation  would 
be  vast.    Is  there  fairness,  is  there  justice  in  a  proposed 
change  so  differently  affecting  different  P«rti«ns  of  a 
country,    united    under  a  common   government  for  the 
ommon  weal?    Would  the  enforcement  of . sue h  a  chang 
by  a  majority,  it  could  not  harm,  upon  a  minority  it  must 
ruin,  bespeak  magnanimity? 


546  Confederate   Records 

It  may  be  said  in  reply,  that  the  Constitution  does 
not  respect  sectional  differences — that  it  was  designed 
for  the  protection  and  advancement  of  personal  rights. 
To  a  large  extent  this  is  an  egregrious  error.  The  Union 
was  originally  designed  mainly  for  the  conduct  of  foreign 
affairs  and  common  defense,  leaving  to  the  States  the 
regulation  of  their  domestic  concerns.  The  Constitu- 
tion resulted  from  a  compromise  of  sectional  interests, 
without  which  it  could  not  have  been  formed.  Indeed,  in 
that  compromise,  the  rights  and  interests  of  the  Caucas- 
ian as  affected  by  the  presence  of  a  very  large  African 
population  in  some  of  the  States,  were  considered  and 
adjusted.  The  African  element,  whether  bond  or  free, 
was  computed  alike  with  reference  to  this  identical  sub- 
ject of  representation,  and  alike  ignored  regarding  the 
elective  franchise. 

The  objection  now  urged  against  the  amendment  is, 
that  it  will  fall  upon  citizens  inhabiting  one  latitude  like 
an  avalanche  from  its  mountain  perch,  crushing  where 
it  settles;  whilst  upon  those  of  another  latitude  it  will 
alight  unfelt  like  a  feather  floating  in  still  air. 

3.  The  third  Section  engrafts  upon  the  fundamental 
law  a  new  disqualification  for  office,  State  and  Federal — 
a  disqualification  not  the  result  of  any  act  to  be  done 
after  the  adoption  of  the  amendment,  but  consummated 
before  its  conception.  The  act  entailing  disqualification 
for  office  consists  in  having  heretofore  taken  an  oath  to 
support  the  Constitution  of  the  United  States,  and  hav- 
ing thereafter  engaged  in  rebellion  or  insurrection  against 
the  same,  or  '' having  given  aid  and  comfort  to  the  ene- 
mies thereof."  Considering  the  number  of  our  citizens 
who  have  taken  the  oath  under  the  circumstances  set 
forth,  the  number  personally  engaged  in  the  war,  and  the 


GovEKNOR  Chaeles  J.  Jenkins  547 

breadth  of  ground  covered  by  the  words  ''giving  aid  and 
comfort  to  the  enemies  thereof/'  we  can  readily  perceive 
the  sweeping  character  of  the  disqualification.  It  is  as 
distinctly  proscriptive  as  if  the  persons  to  be  affected  had 
been  ascertained  and  their  names  inserted. 

Let  it  be  noted,  also,  that  the  proscribed  are  all  dwell- 
ers on  one  side  of  a  certain  geographical  line,  whilst  the 
authors  of  the  proscription  have  their  local  habitation 
on  the  other  side. 

It  is  quite  remarkable,  moreover,  that  there  is  in  the 
entire  Section  no  saving  clause  in  favor  of  those  who,  in 
the  interval  between  the  cessation  of  hostilities  and  the 
adoption  of  the  amendment,  may  have  received  the 
amnesty  of  the  government.  Pardoned  they  may  have 
been,  but  disfranchised  they  will  be. 

You  are  asked  to  give  your  consent  that  such  a  fate 
be  visited  upon  many  of  your  best  citizens,  who  have  long 
enjoyed  the  public  confidence,  and  some  of  whom  now  fill 
important  public  trusts.  Can  Georgia  spare  all  of  these 
from  her  service? 

5.  The  fifth  and  last  Section  empowers  the  Congress 
'.'to  enforce,  by  appropriate  legislation,"  the  provisions 
of  the  amendment.  It  will  be  contended  that  they  are 
the  proper  judges  of  what  constitutes  appropriate  legis- 
lation. If,  therefore,  the  amendment  be  adopted,  and  a 
fractional  Congress,  from  which  the  Southern  States, 
chiefly  interested  in  it,  are  excluded,  be  empowered  ''to 
enforce  it  by  appropriate  legislation,"  what  vestige  of 
hope  remains  to  the  people  of  those  States?  Nay,  more, 
what  semblance  of  republican  government  can  the  true 
patriot  of  the  North  discern  in  such  a  state  of  affairs? 
Yet,  that  is  the  point  to  which  we  seem  to  be  drifting; 


548  Confederate    Records 

for  there  is  no  assurance  whatever  that  even  this  con- 
cession will  ensure  our  restoration.  Amendments  have 
already  been  proposed  to  and  accepted  by  us,  which  it 
was  believed  would  effect  that  result;  but  hope  is  still 
deferred,  right  still  denied. 

I  will  not  further  analyze  this  amendment,  equally 
novel  and  unjust, 

I  ask  you  to  consider,  however,  why  it  is  that  you  are 
called  upon  to  vote  upon  its  adoption,  whilst  your  State 
had  no  voice  in  its  preparation!  The  Constitution  se- 
cures to  the  States  the  one  right  as  distinctly  and  as 
positively  as  the  other.  Had  your  Representatives,  and 
those  of  other  States  similarly  situated,  been  present, 
aiding  in  giving  substance  and  form  to  it,  possibly  it 
might  have  come  before  you  a  less  odious  thing.  The 
policy  seems  to  have  been,  first  to  push  it,  without  their 
participation,  beyond  the  stage  of  amendment,  and  then 
say  to  them,  accept  our  bantling  or  take  the  consequences. 
The  omission  of  any  material  part  of  the  process  of 
amendment,  makes  the  amendment  itself,  unconstitution- 
al, null  and  void. 

Should  the  States  especially  to  be  affected  by  this 
amendment  refuse  their  assent  to  it,  it  can  not  be  adopted 
without  excluding  them  from  the  count  and  placing  its 
ratification  upon  the  votes  of  three-fourths  of  the  now 
dominant  States. 

It  is  said,  however,  that  unless  this  concession  be 
made,  the  now  excluded  States  will  be  kept  out  of  the 
halls  of  Congress  indefinitely.  Were  the  amendment 
presented  with  such  menace  distinctly  expressed,  a  higher 
motive  (if  possible)  than  any  hitherto  suggested  would 
prompt  its  rejection. 


Governor  Charles  J.  Jenkins  549 

At  the  termination  of  hostilities,  it  was  right  and 
proper  that  the  previously  resisting  States  should,  in  the 
most  unequivocal  and  formal  manner,  abandon  such  re- 
sistance— should  rescind  all  they  had  done  in  antagonism 
to,  and  do  whatever  was  necessary  and  proper  to  place 
themselves  in  Constitutional  relation  with,  that  govern- 
ment. All  this,  we  believe,  Georgia  has  done.  Beyond 
this,  in  acting  upon  any  proposed  change  in  the  funda- 
mental law,  even  in  this  critical  juncture,  my  advice  is, 
that  her  legislators  act  with  the  same  intelligent  judg- 
ment and  the  same  unflinching  firmness,  that  they  would 
have  exercised  in  the  past,  or  would  exercise  in  the  fu- 
ture, when  in  full  connection  and  unambiguous  position. 
Any  other  rule  of  action  may  involve  sacrifices  of  inter- 
est and  of  principle  which  magnanimity  would  not  exact 
and  self-respect  could  not  make. 

To  submit  to  injurious  changes  in  the  Constitution, 
when  forced  upon  a  State,  according  to  the  forms  pre- 
scribed for  its  amendment,  would  be  one  thing;  to  par- 
ticipate in  making  them,  under  duress,  against  her  sense 
of  right  and  justice,  would  be  a, very  different  thing.  The 
difference,  in  principle,  is  as  broad  as  that  which  dis- 
tinguishes martyrdom  from  suicide.  Far  better  calmly 
await  a  returning  sense  of  justice,  and  a  consequent  re- 
flux of  the  tide  now  running  strongly  against  us. 

The  military  rule  to  which,  as  a  people,  we  have  been 
subjected  during  the  past  eighteen  months,  so  different 
from  all  previous  experience,  must  necessarily  be  more 
or  less  prejudicial  to  our  interests  and  wounding  to  our 
feelings.  You  are  well  aware,  however,  that  it  has  been 
greatly  mitigated  during  your  recess.  The  administra- 
tion, I  think,  have  become  thoroughly  convinced  that  the 


550  Confederate   Eecords 

sword  and  the  bayonet  are  not  necessary  to  the  enforce- 
ment of  law  and  order  in  Georgia. 

We  probably  have  not  now  a  larger  military  force 
within  our  borders  than  have  often  been  stationed  here 
in  times  of  perfect  peace.  Our  people,  with  rare  excep- 
tions, such  as  occur  everywhere,  have  been  quiet,  orderly, 
and  devoted  to  industrial  pursuits.  The  officers  of  the 
army  and  agents  of  the  Freedman's  Bureau,  stationed 
among  us,  have,  with  few  exceptions,  manifested  a  grow- 
ing confidence  and  a  disposition  to  relax  their  authority 
and  leave  the  administration  of  the  law  to  the  civil  courts. 
Vexatious  interferences  sometimes  occur,  usually  trace- 
able to  imprudent  conduct  on  the  part  of  misguided  citi- 
zens, or  to  the  officious  intermeddling  of  injudicious  or 
evil-disposed  subordinates.  Due  allowance  being  made 
for  honest  differences  of  opinion  upon  questions  arising 
in  a  novel  state  of  affairs,  the  President  and  heads  of 
departments  have  manifested  a  gratifying  determination 
to  deal  justly  and  kindly  with  our  government  and  peo- 
ple. With  a  view  to  the  adjustment  of  some  points  of 
difference,  the  more  rapid  restoration  of  mail  facilities, 
and  the  procuring  of  action  upon  the  application  of  our 
citizens  for  amnesty  in  which  they  naturally  felt  great 
anxiety,  I  made  a  short  visit  to  Washington,  and  had 
abundant  reason  to  be  gratified  by  the  kindness  shown 
towards  our  people  in  word  and  in  act. 

Finances,  State  Debt  and  Taxation. 

You  are  fully  aware  of  the  difficulties  that  have  beset 
the  fiscal  operations  of  the  government  during  the  past 
year.  There  has  been  no  relaxation  of  the  pressure  upon 
the  treasury  since  I  came  into  office.  Empty  when  the 
process  of  reorganizing  the  State  government  commenced, 


Governor  Charles  J.  Jenkins  551 

and  the  ordinary  sources  of  supply  suspended,  it  has 
been  called  upon  to  meet  large  arrearages  for  the  year 
1865,  demands  originating  anterior  to  that  year,  the  ex- 
penses of  the  provisional  government,  (except  the  salary 
of  the  incumbent  of  this  office,)  expenses  of  the  conven- 
tion of  1865,  those  of  the  reorganized  government,  repairs 
and  refitting  of  the  Western  and  Atlantic  Railroad,  the 
supply  of  corn  for  the  destitute,  and  other  appropria- 
tions made  at  the  late  session  of  the  General  Assembly. 
As  was  anticipated  and  provided  for,  these  heavy  de- 
mands could  only  be  discharged  by  recourse  to  the  credit 
of  the  State. 

The  authority  given  me  at  your  last  session  to  raise 
money  by  sale  of  the  bonds  of  the  State  has  been  par- 
tially executed.  After  careful  consideration  and  advise- 
ment with  those  more  versed  in  financial  affairs  than 
myself,  I  determined,  in  the  exercise  of  the  discretion 
reposed  in  me,  to  issue  bonds  with  the  ample  security 
afforded  by  a  mortgage  of  the  Western  and  Athmtic 
Railroad.  The  delay  incident  to  the  preparation  of  these 
bonds,  and  the  annexation  of  the  mortgage  security,  ren- 
dered a  resort  to  temporary  loans  necessary. 

A  very  liberal  spirit  was  manifested  by  moneyed  cor- 
porations and  by  individuals  of  our  own  State;  but  m 
this  time  of  prostration,  barely  enough  could  be  real- 
ized from  these  sources  to  defray  ordinary  expenses  and 
pressing  arrearages.  To  obtain  the  means  of  purchasing 
corn  for  the  destitute,  and  making  repairs  upon  the  West- 
ern and  Atlantic  Railroad,  it  was  found  necessary  to 
resort  to  localities  where  money  was  more  abundant  and 
States  and  individuals  less  needy.  In  New  York,  the 
great  commercial  emporium  of  the  country,  the  required 
relief  was  found.     Loans  for  four  and  three  months  were 


552  Confederate   Records 

negotiated  at  the  rate  of  seven  per  cent,  per  annum. 
Only  in  two  or  three  instances,  (within  the  State)  for 
small  amounts  comparatively,  when  there  remained  no 
other  resource  to  meet  the  expenses  of  your  last  session, 
rapidly  drawing  to  a  close,  was  more  than  seven  per  cent, 
paid  for  these  temporary  loans.  All  of  the  short  loans 
thus  far  negotiated  by  myself,  and  all  negotiated  by  the 
Provisional  Governor,  that  have  matured,  have  been  paid 
in  full.  The  immature  loans  contracted  by  him  amount, 
in  the  aggregate,  to  fifty-three  thousand,  three  hundred 
and  thirty-three  and  one-third  dollars,  payable  in  gold  or 
its  equivalent  in  currency.  I  found  the  indications  clear 
and  cheering  that,  notwithstanding  the  great  diminution 
of  the  material  wealth  subject  to  her  taxation,  her  bitter 
experiences,  and  her  present  prostration,  our  good  old 
State  enjoys  an  honorable  and  enviable  credit.  I  enter- 
tain not  a  shadow  of  doubt  that,  if  permitted  to  enter 
the  money  market  upon  her  own  merits — the  ban  of  the 
Federal  government,  which  beclouds  her  future,  removed 
— her  securities  would  command  more  than  par  in  the 
present  circulating  medium.  Notwithstanding  the  pal- 
pable depression  resulting  from  this  cause,  (purely  polit- 
ical,) I  look  with  confidence  to  their  appreciation,  and 
therefore  have  avoided,  as  far  as  possible,  precipitancy 
in  the  sale  of  them.  It  seemed  to  be  a  foregone  conclu- 
sion, at  the  money  center,  that  Georgia  bonds  would  be 
well  sold  at  eighty-five  in  the  hundred,  and  so  it  was 
announced  to  me.  The  prompt  and  decided  rejection  of 
all  offers  below  ninety  in  the  hundred  speedily  brought 
them  to  that  point,  at  which,  however,  no  larger  amount 
than  pressing  necessity  required,  was  sold. 

The  bonds  authorized  by  the  Convention  of  1865 — 
amounting  to  $500,000  and  limited  in  time  to  five  years — 


Governor  Charles  J.  Jenkins  553 

were  not  well  received  by  capitalists.  The  time  was  too 
short  to  invite  permanent  investment,  and  for  that  rea- 
son unsuited  to  speculation.  The  Provisional  Governor 
effected  sales  of  them  only  to  the  amount  of  $30,000.00. 
But  this  difficulty  was  overcome  in  a  great  measure  by 
incorporating  in  them  a  provision  making  them  conver- 
tible, at  the  option  of  the  holder,  into  such  bonds,  on 
longer  time,  as  the  General  Assembly  might  authorize. 
The  5th  Section  of  the  Act  on  this  subject,  approved  12th 
March,  1866,  placing  the  bonds  authorized  by  the  con- 
vention, in  all  respects,  on  the  same  footing  with  those 
provided  for  in  the  preceding  Sections,  fully  sustained 
this  expedient.  Very  cheaply  prepared,  in  a  style  and 
with  material  corresponding  to  the  short  existence  in- 
tended for  them,  they  aided  the  treasury  materially  whilst 
more  available  bonds  were  in  preparation.  Looking  to 
the  substitution  of  the  latter  for  the  former  at  an  early 
day,  I  caused  bonds  to  be  prepared  conforming  to  the 
provisions  of  the  Act  above  referred  to,  as  follows: 

Under  the  ordinance  of  the  convention  as 

qualified  by  the  Act  of  the  Legislature-$    500,000.00 

Under  the  1st  Section  of  the  Act 1,500,000.00 

Under  the  7th  Section  to  provide  for  pay- 
ment of  the  Federal  tax 600,000.00 

Under  8th  Section  to  fund  past  due  bonds 

and  coupons,  830,000.00 

Under  11th  Section    appropriation    Act  to 

purchase  corn  for  the  destitute 200,000.00 

$3,630,000.00 

The  assumption  of  the  Federal  tax  not  having  been 
permitted,  and  its  suspension  having  dispensed  with  the 
necessity  for  such  assumption,  the  bonds  designed  for 


554  CONFEDEKATE     E.ECOEDS 

this  purpose,  though  engraved,  have  not  been  executed, 
and  are  deposited  in  the  treasury.  Being  covered,  how- 
ever, by  the  mortgage  on  the  Western  and  Atlantic  Rail- 
road, the  General  Assembly  may,  in  perfectly  good  faith, 
if  deemed  advisable,  order  them  executed  and  issued  for 
any  other  purpose  and  without  additional  expense. 

No  bonds  have  been  sold  at  a  lower  price  than  ninety 
cents  in  the  dollar,  and  very  few  above  it.  The  Treas- 
urer's report  will  advise  you  of  the  amount  sold  and  (he 
proceeds.  It  will  be  necessary  to  dispose  of  the  entire 
amount  authorized  and  prepared  for  sale,  whenever  a 
fair  price  can  be  obtained;  but  arrangements  have  been 
made  which,  without  increased  cost  to  the  State,  will 
obviate  the  necessity  of  forced  sales  below  their  real 
market  value.  The  sales  not  having  been  completed  and 
the  bills  for  material  and  work  in  preparation  of  the 
bonds  not  having  been  rendered,  the  expense  attending 
this  particular  service  can  not  now  be  stated. 

Evidence  having  transpired  that  there  are  extant, 
bonds  of  the  State  not  registered  in  the  Treasurer's 
office,  and  of  exceedingly  doubtful  genuineness — and  one 
having  been  presented  for  refunding  which  matured  sev- 
eral years  since  and  is  marked  paid  on  the  registry — it 
has  been  deemed  necessary  to  proceed  with  great  caution 
in  the  process  of  funding.  All  bonds  past  due  are  re- 
quired to  be  presented  for  that  purpose  at  the  Treasury, 
and  any  coupons  past  due  wherever  payable  may  be 
funded  there.  Coupons  payable  in  New  York  or  in  Lon- 
don, are  fundable  in  the  former  city,  but  all  others,  only 
at  the  treasury.  That  business  is  now  in  progress  at 
both  points. 

The  amount  of  bonds  authorized  to  be  issued  for  this 


Governor  Charles  J.  Jenkins  555 

specific  purpose  is  $830,550.  Of  this  amount  $234,000,  it 
was  estimated,  would  be  required  to  refund  past  due 
bonds,  leaving  to  be  applied  to  interest  due,  the  sum  of 
$595,550.  The  precise  amount  of  past  due  coupons,  then 
reported  to  the  General  Assembly  was  $596,000,  which 
added  to  the  amount  of  past  due  bonds  made  an  aggre- 
gate of  $830,000 — showing  clearly  in  my  opinion  that  the 
General  Assembly  intended  to  provide  for  no  interest 
other  than  was  evidenced  by  past  due  coupons.  In  this 
view  no  provision  was  made  for  the  payment  of  interest 
accruing  on  past  due  bonds,  after  their  maturity.  I  know 
not  whether  this  omission  was  or  was  not  intentional. 
It  is  very  true  that,  under  ordinary  circumstances,  if  the 
holder  of  such  a  security  fail  to  present  it  at  maturity 
for  payment,  he  is  held  not  entitled  to  interest.  This 
rule  has  been  applied  by  sundry  corporations,  private 
and  public,  to  bonds  maturing  during  the  war.  I  submit 
to  the  consideration  of  the  General  Assembly,  whether 
such  application,  under  the  circumstances,  is  just  and 
equitable.  It  is  very  certain  that  after  Confederate  and 
State  Treasur}^  notes  had  filled  up  the  channels  of  circu- 
lation, the  presentation  of  such  bonds  for  payment  in 
the  medium  contracted  for  would  have  been  an  idle  cere- 
mony. No  less  certain  is  it  that  the  holders  of  many  of 
these  bonds  were  cut  oif  from  access  to  the  place  of  pay- 
ment by  the  existing  war,  and  therefore  could  not  make 
demand.  I  recommend  as  more  consistent  with  the  honor 
and  dignity  of  the  State  that  provision  be  made  for  the 
payment  of  this  interest. 

Evidence  having  been  presented  to  this  department, 
that  since  the  last  payment  by  the  State  on  its  subscrip- 
tion to  the  stock  of  the  Atlantic  and  Gulf  Railroad,  ad- 
ditional installments  have  been  paid  in  by  the  private 


556  CONFEDEEATE     EeCORDS 

stockholders,  which  by  the  terms  of  the  Act  incorporating 
the  company,  approved  27th  February,  1856,  subjected 
the  State  to  the  payment  of  $134,500  on  her  subscription, 
I  have,  in  obedience  to  that  Act,  caused  to  be  executed 
and  delivered  to  the  company,  bonds  of  the  State  for 
that  sum. 

When  all  of  the  bonds  authorized  by  the  Act  of  the 
General  Assembly,  approved  12th  March,  1866,  (except 
those  intended  for  the  assumption  of  the  Federal  tax,) 
shall  have  been  disposed  of  as  contemplated,  the  funded 
debt  of  the  State  will  stand  thus: 

Bonds  issued  anterior  to  1861,  and  not  yet 

due, $  2,676,500.00 

Mortgage  bonds  issued  in  1866,  above  men- 
tioned,      3,030,000.00 

Bonds  issued  to  the  Atlantic  and  Gulf  Rail- 
road in  1866 134,500.00 

Total,    $  5,841,000.00 

Of  this  amount  $176,500  will  mature  in  1868 ;  $334,500 
in  1869;  $164,500  in  1870— making  a  total  of  $675,500. 
The  latter  sum,  therefore,  must  be  provided  for  within 
four  years  from  this  time.  I  recommend  that  the  bonds 
before  mentioned,  prepared  to  meet  the  Federal  tax,  but 
as  yet  unexecuted,  be  placed  at  the  disposal  of  the  Gov- 
ernor, with  authority  to  use  them  as  occasion  may  be 
presented  by  sale  or  exchange  if  deemed  advisable,  in 
redemption  of  the  bonds  to  mature  in  and  before  the 
year  1870.  The  public  debt  will  not  thus  be  increased  in 
amount  and  may  be  somewhat  diminished. 

Bonds  amounting  to  $154,000  will  mature  in  1871,  and 


GovERNOB  Charles  J.  Jenkins  557 

others  amounting  to  $721,500  in  1872,  the  aggregate  be- 
ing $875,500  to  be  provided  for  in  six  years. 

To  meet  this  and  subsequently  accruing  liabilities  I 
recommend  that  the  sum  of  one  hundred  and  twenty  thou- 
sand dollars  be  annually  set  apart  as  a  sinking  fund 
accumulative. 

If  the  first  class  of  bonds  (to  mature  within  four 
years,)  be  provided  for  in  the  manner  suggested,  and 
the  sinking  fund  proposed  be  allowed  to  accumulate  un- 
til 1872,  at  6  per  cent,  interest,  it  will  be  adequate  to  the 
payment  of  the  bonds  maturing  in  1871  and  1872.  But, 
if  in  the  then  existing  financial  condition  of  the  State,  it 
should  be  deemed  advisable  by  your  successors  to  meet 
the  liabilities  of  1871  and  1872  by  sale  of  the  State's 
stock  in  the  Atlantic  and  Gulf  Eailroad,  or  by  applying 
any  other  resource  available  at  that  time,  and  permit  the 
sinking  fund  to  go  on  accumulating,  the  entire  debt  of 
the  State  may,  in  the  progress  of  time,  be  easily  pro- 
vided for,  and  her  credit  maintained.  In  urging  you  to 
look  thus  far  into  the  future,  and  to  provide  means  or 
initiate  a  policy  for  the  accomplishment  of  ends  so  desir- 
able, I  think  I  but  present  a  case  of  clear  duty.  It  is 
true,  that  during  the  immaturity  of  State  securities,  if 
the  annually  accruing  interest  be  faithfully  paid,  the 
holders  have  no  legal  right  to  ask  more.  But  I  would 
press  upon  your  adoption  the  scheme  of  a  sinking  fund, 
as  one  of  the  surest  props  to  State  credit,  and  as  an  act 
of  justice  to  posterity;  and  for  these  reasons,  as  a  great 
measure  of  State  policy.  Its  great  advantage  is,  that  it 
distributes  the  burthen  of  payment  equally  over  a  series 
of  years;  and,  indeed,  the  sum  to  be  provided  in  each 
year  will  be  so  small,  as  scarcely  to  merit  the  appellation 
of  a  burthen.     Whensoever  a  large  amount  shall  mature 


558  Confederate    Records 

in  any  one  year,  without  such  provision,  either  the  tax 
payers  of  that  year  must  be  oppressively  burthened,  or  a 
new  debt  must  be  incurred.  Should  this  occur  when 
money  is  scarce,  it  may  be  difficult,  if  not  impracticable, 
to  i^laee  a  new  loan,  thus  bring  the  General  Assembly 
face  to  face  with  the  alternative  of  oppressive  taxation 
or  dishonor  of  the  State's  obligations.  The  escape  from 
this  dilemma,  now  proposed,  is  so  easy,  that  I  think  it 
will  commend  itself  to  the  favorable  consideration  of  the 
General  Assembly.  The  debt  of  the  United  States  Gov- 
ernment is  so  large,  and  her  credit  sustained  by  resources 
so  ample,  that  her  outstanding  securities  will  always  af- 
ford facilities  for  the  investment  of  the  sinking  fund  and 
its  accumulating  interest. 

I  reiterate  the  conviction  expressed  in  my  first  mes- 
sage to  you,  that  the  Western  and  Atlantic  Railroad,  put 
in  a  condition  of  thorough  repair,  and  furnished  with 
adequate  rolling  stock,  will  in  the  future,  with  proper 
management,  sustain  itself  and  yield  a  revenue,  which, 
increased  by  dividends  that  may  reasonably  be  expected 
from  the  Atlantic  and  Gulf  Railroad,  will  always  render 
unnecessary,  onerous  taxation. 

The  reports  of  the  Treasurer  and  Comptroller-Gen- 
eral will  furnish  you  detailed  information  relative  to  the 
finances  of  the  State,  and  with  statistical  information  of 
an  interesting  character.  I  commend  to  your  serious  con- 
sideration the  suggestions  of  the  latter  in  reference  to 
amendments  of  the  revenue  laws. 

The  collection  of  the  Federal  tax  upon  lands  having 
been  suspended  before  much  progress  had  been  made,  I 
did  not  feel  authorized  to  suspend  that  imposed  for  the 
support  of  the  State  government.     I  regret  exceedingly 


GovEENOE  Chaeles  J.  Jenkins  559 

that  any  portion  of  our  fellow-citizens  should  have  been 
required  to  pay  the  Federal  tax,  but  not  believing  that 
your  legislation  contemplated  partial  suspension  of  the 
State  tax,  I  could  not  come  to  their  relief.  The  State 
tax,  ad  valorem,  is  very  light,  being  only  one-sixth  of  one 
cent. 

The  tax  upon  the  sale  of  spirituous  liquors  seemed 
by  its  terms  to  embrace  the  first  quarter  of  the  present 
year,  which  had  nearly  expired  before  the  tax  was  im- 
posed. Being  retroactive,  the  seller  was  deprived  of  the 
opportunity  to  add  the  tax  to  the  price,  in  his  sales.  Be- 
sides, many  merchants  had  during  that  quarter  sold  the 
article  for  non-residents,  on  commission,  and  made  final 
settlements  with  the  owners.  Had  the  tax  been  exacted 
of  them,  it  would  have  exceeded  largely  their  commis- 
sions, and  subjected  them  to  serious  loss,  without  fault 
on  their  part.  For  these  reasons  I  suspended  the  tax 
for  the  first  quarter,  and  now  invite  your  attention  to  it. 

The  people  of  Georgia  have  always  been  lightly  taxed, 
and  I  see  no  indications  that  the  State  government  will 
be  constrained  to  make  this  burthen  onerous  in  the  fu- 
ture. 

Education. 

The  re-opening  of  the  university,  after  an  unavoida- 
ble suspension,  has  elicited  the  most  satisfactory  evidence 
of  public  approval.  Many  of  its  most  ardent  friends 
entertained  the  apprehension  that  causes  connected  with 
the  war  recently  terminated,  and  chief  among  them  the 
utter  impoverishment  of  some,  and  the  straitened  cir- 
cumstances of  others,  formerly  both  able  and  willing  to 
educate  their  sons,  would  occasion  such  diminution  of 
patronage  as  would  render  the  effort  abortive.     The  re- 


560  Confederate   Records 

suit  has  been  far  otherwise.  The  number  of  applicants 
for  admission,  very  respectable  at  first,  has  rapidly  in- 
creased, and  is  still  increasing.  There  are  now  matric- 
ulated considerably  more  than  one  hundred.  It  offers 
to  the  people  of  Georgia  very  great  educational  advan- 
tages, whilst  the  tone  of  moral  and  religious  opinion  and 
feeling  is  decidedly  high,  without  the  slightest  taint  of 
sectarian  bias. 

We  live  in  an  age  when  educated  mind  must  take  a 
leading  part  in  affairs  of  State.  Any  people  neglecting 
to  provide  either  elementary  education  for  the  mass,  or 
to  afford  facilities  for  obtaining  such  higher  and  more 
extended  knowledge  as  will  enable  their  youth,  passing 
into  manhood,  to  master  in  due  time  difficult  problems  in 
political  economy  and  in  State  policy,  will  assuredly  fall 
behind  in  the  competition  of  States  and  nations  for  supe- 
rior development. 

Prejudices  which  in  former  times  found  voice  in  our 
legislative  assemblies  against  liberal  education,  we  may 
well  hope,  have  been  dissipated  by  experience.  Georgia 
has  profited  too  much  by  the  services  of  her  educated 
sons,  in  all  departments  of  public  employment,  not  to  see 
clearly  how  largely  her  future  prosperity  and  greatness 
depend  upon  the  enlightenment  of  the  rising  generation. 
The  third  clause  of  the  fifth  Section,  second  Article  of 
the  Constitution,  clearly  indicates  that,  in  the  opinion  of 
the  convention  of  1865  the  present  endowment  of  the 
University  of  Georgia  is  inadequate  to  its  necessities. 
Mindful  of  the  serious  losses  our  people  have  recently 
sustained,  and  the  temporary  depression  of  their  mate- 
rial interests,  I  forbear  urging  you  at  this  time  to  in- 
crease the  endowment.  My  object  in  adverting  to  the 
subject  now  is  to  congratulate  you  and  your  constituents 


Governor  Charles  J.  Jenkins  561 

upon  the  good  use  which  is  being  made  of  the  limited  aid 
heretofore  and  still  extended  to  this  venerable  institution, 
and  to  ask  that  her  past  and  present  usefulness  be  ac- 
cepted as  an  earnest  of  the  fruit  that  may  be  anticipated 
from  a  larger  endowment  in  more  prosperous  times. 

There  is,  however,  a  measure  by  which  the  usefulness 
of  the  university  may  be  greatly  increased,  and  a  great 
public  trust,  now  devolved  upon  the  General  Assembly, 
judiciously  executed,  without  imposing  any  burden  upon 
our  impoverished  people.     A  large  extent  of  public  lands 
belonging  to  the  United  States  has  been,  by  an  Act  of 
Congress,  devoted  to  the  establishment    of   agricultural 
colleges  in  the  several  States.     At  your  last  session  you 
accepted,  for  the  purpose  indicated,  such  land  as  might 
be  allotted  to  Georgia  under  that  Act,  and  your  accept- 
ance has  been  communicated  to  that  government.     This 
resource  can  be  applied  to  no  other  purpose  whatever, 
and  the  question  arises  how  it  can  be  most  advantageous- 
ly employed  for  that.     If  a  separate  independent  institu- 
tion be  established,  much  expense  must  be  incurred,  which 
might  be  saved  by  making  it  an  appendage  of  your  uni- 
versity.    The  term  university  is  expressive  of  the  idea 
of  divers  schools  and  colleges,  each  devoted  to  some  par- 
ticular branch  of  science,  and  all  united  under  one  gen- 
eral government,  and  constituting  a  grand  seminary  of 
learning.     This  was  the  object  contemplated  in  the  estab- 
lishment of  the  University  of  Georgia,  though  the  means 
for  its  full  development    have    never    been    furnished. 
There  are  now  connected  with  it,  quite  apart  from  the 
ordinary  collegiate  course,  a  school  of  civil  engineering,  a 
law  school,  and  a  department  of  agricultural  chemistry. 
As  the  university  is  a  State  institution,  and  as  the  agricul- 
tural college  must  also  be  under  State  management,  I 


562  Confederate   Records 

respectfully  recommend  that  the  latter  be  organized  as 
a  distinct  department  of  learning  in  the  former,  care 
being  taken  that  the  specific  endowment  now  referred  to 
be  devoted  exclusively  to  the  maintenance  of  that  de- 
partment. 

Common  Schools. 

There  is  no  subject  demanding  your  attention,  of 
greater  importance  to  the  State,  than  that  of  common 
school  education. 

In  so  large  a  population,  there  must  always  be  a 
considerable  number,  to  whom,  without  government  aid, 
even  elementary  education  must  ever  remain  forbidden 
fruit.  If  these  be  regarded  simply  in  their  individual- 
ity, their  destitution  of  mental  culture  must  appeal 
strongly  to  the  sympathies  of  their  more  fortunate  fel- 
low-citizens. But  the  interest  in  the  subject  rises  im- 
measurably when  they  are  looked  upon  as  future  mem- 
bers of  the  body  politic,  under  a  Constitution,  extending 
general  suffrage  to  male  citizens. 

A  conscientious  man,  wholly  uneducated,  always  feels 
much  embarrassment  in  choosing  between  rival  candi- 
dates for  popular  suffrage,  and  whatever  be  his  natural 
endowments,  and  however  prominent  his  virtues,  is  con- 
scious of  his  own  want  of  qualification  for  public  service. 
No  plainer  proposition  can  be  stated  than  that  a  people 
who  govern,  ought  to  be  an  intelligent  people. 

Experience  has  shown  that  it  is  difficult  to  organize 
and  keep  in  successful  operation,  a  system  of  common 
school  education  where  the  population  is  sparse.  But 
the  difficulty  should  not  discourage  effort.  Persistent 
trial  will  expose  errors  and  suggest  remedies.     Even  our 


GovEENOE  Chaeles  J.  Jenkins  563 

imperfect  system,  has,  like  all  other  useful  enterprises, 
suffered  suspension.  I  remarked  with  pleasure,  that  at 
your  last  session,  you  had  raised  from  your  own  bodies 
a  joint  committee  to  consider,  during  your  recess,  and 
on  your  re-assembling,  to  report  upon  this  great  subject. 
Belying  upon  their  fidelity  and  ability,  as  your  own  chosen 
depositaries  of  so  grave  a  trust,  I  venture  upon  no  sug- 
gestions as  to  details. 

It  will,  of  course,  occur  to  you,  and  will  doubtless  have 
commanded  the  attention  of  your  committee,  that  the 
sources  whence  the  fund  for  this  purpose  was  derived, 
have  almost  entirely  failed.  The  bank  stocks  owned  by 
the  State,  and  applied  to  this  object,  have  been  lost.  The 
Western  and  Atlantic  Railroad  has  yielded  no  revenue 
within  the  past  two  and  a  half  years— and  in  all  proba- 
bility, until  it  shall  have  thrown  off  the  war-imposed  bur- 
dens, can  do  little  or  nothing  for  this  cause.  Its  reve- 
nues are  now  pledged  to  the  payment  of  interest  on, 
a  sinking  fund  for  the  public  debt,  necessarily  consider- 
ably increased  within  the  past  financial  year.  Notwith- 
standing all  these  difficulties,  I  respectfully  suggest  that 
attention  to,  and  provision  for,  this  public  interest,  does 
not  admit  of  delay.  I  doubt  not  that  your  constituents 
will  cheerfully  bear,  even  now,  such  contributions  as  may 
be  demanded  of  them  to  foster  it. 

The  Westeen  and  Atlantic  Raileoad. 

I  transmit  herewith  a  copy  of  the  report  of  the  Super- 
intendent of  the  Western  and  Atlantic  Railroad,  accom- 
panied by  reports  to  him  of  subordinate  officers,  and  sun- 
dry tabular  statements.* 

*"Not  found.  ' 


564  Confederate   Records 

From  a  careful  perusal  of  these  documents,  not  only 
general  results,  but  detailed  information  relative  to  the 
different  branches  of  service,  and  a  clear  insight  into  the 
general  management  of  this  important  interest,  may  be 
readily  obtained.  The  very  great  improvement  made 
since  the  road  passed  under  the  management  of  the  pres- 
ent superintendent,  in  the  track  itself,  in  the  motive  pow- 
er and  other  rolling  stock,  and  in  the  general  service, 
whether  stationary  at  the  termini  and  at  intermediate 
depots,  or  moving  with  the  trains,  reflects  the  highest 
credit  upon  him  and  his  subordinates.  These  documents 
disclose  the  facts  that  reconstruction,  renovation  and  in- 
creased capacity  to  meet  the  demands  of  travel  and  com- 
merce, were  required  at  all  points  and  in  all  departments, 
and  that  large  arrearages  occurring  between  the  25th 
September,  1865,  and  the  1st  of  April,  1866,  have  been 
met  since  the  latter  day.  Accidents  and  losses  are  now 
of  very  rare  occurrence,  and  failures  or  delays  of  trains 
almost  unknown. 

During  the  first  six  months  of  the  year  the  business 
of  the  road  was  very  large,  owing  to  the  fact  that  many 
roads  in  the  Eastern  line  of  connection  with  the  Northern 
cities  were  not  in  operation.  They,  having  been  put  in 
working  order  during  the  spring,  have  again  drawn  to 
themselves  much  of  travel  and  transportation  formerly 
enjoyed  and  properly  appertaining  to  them. 

This  circumstance  and  a  general,  though  it  is  believed 
temporary  falling  off  during  the  summer  months  of  this 
business,  have  greatly  curtailed  the  gross  receipts. 
Should  there  come  a  revival  in  the  activity  and  pros- 
perity of  the  country,  now  slowly  recovering  from  the 
exhaustion  of  long  war,  railroad  business  will  revive 
with  them.    The  location  and  connections  of  the  Western 


Governor  Charles  J.  Jenkins  565 

and  Atlantic  Railroad,  as  well  remarked  by  the  Superin- 
tendent, insure  it  a  large  participation,  under  any  cir- 
cumstances, in  tlie  general  travel  and  transportation,  be 
they  great  or  small.  Should  the  good  time  hoped  for 
come,  there  is  every  indication  that  this  road  will  be  in 
a  condition  to  do  its  part  in  the  general  service  promptly 
and  efficiently.  It  was  estimated  when  you  were  last  in 
session,  that,  to  put  the  road  in  all  respects  in  thorough 
working  condition,  it  would  be  necessary  for  the  State 
to  contribute  from  half  a  million  to  seven  hundred  thou- 
sand dollars.  The  aid,  so  far  extended,  really  exceeds 
very  little  the  sum  of  three  hundred  thousand  dollars. 
It  will  probably  be  necessary  to  add  to  this  sum  two 
hundred  and  fifty  thousand  dollars,  being  an  aggregate 
of  about  five  hundred  and  fifty  thousand  dollars,  moder- 
ately exceeding  the  smallest  estimate.  To  make  this 
further  advance,  you  have  already  provided  the  means. 

There  hangs,  however,  over  the  road  a  heavy  debt  to 
the  United  States  Government,  contracted  in  the  purchase 
of  supplies  and  railroad  property  by  the  provisional 
superintendent,  for  the  payment  of  which  a  year  hence, 
the  faith  of  the  State  is  pledged.  The  State  of  Georgia 
has  a  claim  upon  that  government  for  the  use  and  occu- 
pation of  the  road  and  its  rolling  stock  and  other  items, 
which  may  or  may  not  be  so  far  liquidated  and  acknowl- 
edged, by  that  time,  as  to  be  set  off  against  that  indebted- 
ness. Every  effort  will  be  made  to  effect  a  full  and 
amicable  settlement,  which  will  ease  the  State  of  this 
burden ;  but,  in  any  event,  the  faith  of  the  State  must  be 
kept. 

Looking  to  the  contingency  of  this  payment  having 
to  be  made,  if  it  be  thrown  upon  the  road  no  reliance  can 
be  placed  upon  it  for  revenue  to  meet  the  current  ex- 


566  Confederate   Records 

penses  of  the  government  during  the  year  upon  which 
we  have  just  entered.  The  precise  amount  of  this  debt 
has  not  been  ascertained,  in  consequence  of  a  failure  to 
deliver  some  of  the  cars  purchased.  But,  deducting  from 
the  whole  amount  of  the  invoice,  payments  made,  the 
remainder  will  exceed  somewhat  four  hundred  thousand 
dollars. 

If  authority  be  given  the  Executive  to  make  payments 
upon  this  debt  from  time  to  time,  out  of  any  money  in 
the  treasury  not  otherwise  appropriated,  (failing  all 
efforts  at  settlement),  it  may  be  arranged  in  the  course 
of  the  year,  and  the  amount  of  interest  meantime  gradu- 
ally reduced.  My  belief  is  that  if  the  net  profits  from 
the  road  be  even  fair,  the  sum  estimated  by  the  Comp- 
troller-General, to  arise  from  that  source,  may  be  de- 
ducted and  this  debt  discharged  without  creating  a  new 
loan. 

I  concur  in  the  suggestions  of  the  Superintendent, 
relative  to  the  inadequacy  of  the  salaries  of  the  Tfeasn- 
rer  and  Auditor.  If  the  ability  and  skill  required  to  fill 
those  offices  properly,  and  the  amount  of  labor  and 
responsibility  attending  them  be  considered,  it  would 
seem  very  clear  that  the  present  salaries,  in  times  like 
these,  are  not  compensatory.  I  request  the  General 
Assembly  to  give  just  consideration  to  this  subject. 

During  the  existence  of  the  war  authority  was  given 
to  the  Superintendent  to  issue  change  bills  for  a  stated 
amount.  Of  these  there  are  now  outstanding  from 
seventy-five  to  eighty  thousand  dollars.  That  the  holders 
of  these  change  bills  are  entitled  to  payment  by  some 
rule,  can  scarcely  be  questioned.  They  were  not  issued 
with  any  view  to  aid  in  the  war,  but  to  relieve  the  road 


Governor  Charles  J.  Jenkins  567 

and  the  people  from  one  of  the  inconveniences  of  the  war 
the  difficulty  of  making  change.  For  this  purpose  they 
were  interchanged  with  Confederate  treasury  notes  in 
settlements,  and  the  question  is,  whether  they  should  be 
redeemed  at  their  nominal  value  or  at  the  then  value  of 
Confederate  notes,  (on  the  level  of  which  they  stood),  at 
the  time  of  their  issue,  or  on  what  other  scale?  It  is  a 
small  matter,  but  the  Superintendent,  wishing  to  do  what 
is  right,  has  felt  some  embarrassment.  There  is  little 
doubt  that  they  have  been  to  a  considerable  extent  coun- 
terfeited, and,  therefore,  their  payment  in  currency  at 
some  set  value  would  be  much  safer  than  their  absorption 
for  fare  or  freight  on  the  road.  The  matter  is  submitted 
for  your  determination. 

The  Lunatic  Asylum. 

One  of  the  most  grievous  evils  to  which  our  race  is 
subjected  is  the  deprivation  of  human  reason.  The 
greatest  alleviation  of  this  terrible  malady  is  found  in 
the  establishment  of  asylums  for  the  stricken,  where 
their  wants  are  cared  for,  their  evil  propensities  and 
their  power  for  mischief  controlled  and  their  disease 
skilfully  treated.  Georgia  has  established  one  of  these 
institutions,  devised  by  advanced  civilization.  It  is  in 
successful  operation;  is,  I  believe,  well  managed,  and  is 
dispensing  a  noble  charity  to  the  indigent,  and  a  more 
than  compensatory  blessing  to  the  wealthy,  whose  mis- 
fortunes bring  them  to  its  doors.  The  report  of  the 
Superintendent  and  Resident  Physician  will  be  before 
you,  advising  you  in  detail  of  its  condition  and  manage- 
ment, its  wants  and  susceptibility  of  improvement.  Your 
committee  of  scientific  professional  men  and  financiers 


568  Confederate   Records 

will  look  into  these  subjects  with  more  capacity  to  en- 
lighten you  than  I  can  bring  to  bear. 

On  one  point,  however,  I  deem  it  my  duty  to  invite 
your  serious  deliberation.     The  Code  requires  that  per- 
sons of  color  shall  be  admitted  into  the  institution;  but 
another  section  of  the  same  Code  enjoins  it  as  an  impera- 
tive duty  on  the  Superintendent  to  keep  patients  of  the 
white  and  African  races  separate,  a  provision  founded 
in  the  wisest  sanitary  policy.     I  am  informed  by  the 
Superintendent  and  Resident  Physician,  that  with  the 
present  accommodations  and  plan  of  the  building,  and 
the  number  of  white  patients  there  and  likely  to  be  there, 
it  is  impossible  to  comply  with  both  requirements  of  the 
Code.     Something  must  be  done  for  the  enlargement  of 
the  building,  or  colored  people  must  be  excluded  continu- 
ously from  it.     The  latter  alternative,  allow  me  to  say, 
should  not  be  contemplated  for  a  moment.    The  informa- 
tion brought  to  me,  induces  the  belief  that  this  fearful 
malady  is  on  the  increase  among  that  people.    Heretofore 
accustomed  to  be  cared  for,  themselves  uncaring,  they 
have  been  free  from  very  many  anxieties  and  responsi- 
bilities, which  often  harrass  and  craze  those  in  higher 
social  position.     Now,   suddenly,   after  many  years  of 
irresponsible,    unsolicitous    life,    they    find    themselves 
invested  with  the  boon  of  freedom,  coupled  with  the  bur- 
thens of  self-preservation  and  family  provision,  whilst 
their    evil    propensities,    previously   kept   in   check   by 
wholesome  home  government,  are  left  unbridled.    Among 
them  insanity  most  assuredly  will  increase.    Heretofore 
when  it  has  occurred,  home  provision  has  been  made  for 
it,  but  home,  such  as  they  once  enjoyed,  remains  to  them 
no  longer.    Will  the  State  abandon  them  to  all  the  mis- 
eries,   sufferings   and  perils   that   wait  upon  insanity? 


GovEENOK  Chakles  J.  Jenkins  569 

Humanity  to  them  and  safety  to  the  public  alike  forbid 
it.  Either  in  the  State  Asylum  or  in  county  poor  houses, 
immediate  and  efficient  provision  should  be  made  for  the 
case.    Your  attention  is  earnestly  requested  to  it. 

The  Academy  fob  the  Blind. 

The  school  for  the  instruction  of  unfortunates  de- 
prived of  the  sense  of  sight,  is  in  successful  operation. 
It  is  one  of  those  benevolent  institutions  which  commends 
itself  to  the  support  of  governments  and  of  individuals. 
It  is  truly  an  interesting  entertainment  to  hear  those  long 
shut  out  from  light  of  day — some  of  whom  never  enjoyed 
its  perception — reading  fluently  and  accurately  from  the 
Word  of  Life,  or  from  uninspired  though  instructive 
books.  This  art  generally  extended  to  such  sufferers, 
and  the  number  of  books  adapted  to  their  use  multiplied, 
how  wide  a  field  of  enjoyment  and  improvement  will  be 
opened  to  tiiose  otherwise  doomed  to  lives  cheerless  and 
almost  useless.  But  it  is  not  alone  mental  cultivation 
and  literary  enjoyment  that  are  put  within  their  reach 
in  this  Academy.  There  are  simple  branches  of  manu- 
facture, for  which  they  are  entirely  competent,  if  only 
instructed  by  those  blessed  with  sight,  and  which  may 
afford  many  the  means  of  making  a  livelihood,  who  must 
otherwise  depend  upon  charity.  Such  instruction  is  now 
being  imparted  in  this  institution,  greatly  redounding  to 
the  credit  of  the  managers,  and  increasing  its  usefulness. 
The  annual  report  of  the  Principal  will  be  before  you, 
and  to  your  favorable  consideration  I  commend  the  insti- 
tution. 

Academy  for  the  Deaf  and  Dumb. 
In  the   exercise  of  the  discretion  given  me  by  the 


570  Confederate   Records 

General  Assembly,  I  have  not  caused  this  institution  to 
be  reopened.  Had  it  been  in  operation,  I  should  have 
felt  it  my  duty  so  to  continue  it.  But  being  already  in 
a  state  of  suspension,  it  would  doubtless  have  required 
prompt  pecuniary  aid  to  enable  it  to  resume  its  functions. 
Not  until  a  very  late  period  could  such  aid  have  been 
furnished,  nor  can  it  even  now  without  increasing  the 
fiscal  embarrassment  pressing  upon  the  State.  I  trust, 
however,  that  at  the  commencement  of  another  year,  this 
may  be  done,  and  that  it  will  be  the  pleasure  of  the  Gen- 
eral Assembly  to  provide  for  it.  This  is  another  of  those 
great  humanitarian  enterprises  which  having  been  under- 
taken by  the  State,  should  not  be  suffered  either  to  fail 
or  to  languish. 

Industrial  Pursuits. 

The  failure  in  agricultural  pursuits  during  the  year 
1866,  resulting  in  part  from  the  indisposition  to  steady 
labor  of  the  freedmen,  but  chiefly  from  unpropitious 
seasons,  has  doubtless  exercised  a  depressing  influence 
upon  the  energies  of  our  people.  It  is  to  be  hoped 
that  they  will  speedily  rally,  and  rise  above  despond- 
ency. It  should  be  assumed  that  neither  of  these  causes 
will  prove  continuous.  It  rarely  happens,  in  the  dealings 
of  Providence,  that  two  seasons,  decidedly  unfavorable 
to  the  cultivation  of  the  soil,  come  consecutively,,  in  the 
same  locality.  The  next  may  reward  the  husbandman 
with  abundant  harvests. 

Nor  should  the  people  of  the  South  yield  readily  to 
discouragement  in  regard  to  the  labor  of  the  negro  in  his 
new  status.  All  reflecting  minds  cannot  fail  to  perceive, 
that  the  first  effect  of  sudden  manumission  must  be  un- 
favorable to  his  well-doing  and  to  his  well-being.    Unac- 


GovERNOK  Chaeles  J.  Jenkins  571 

customed  to  caring  for  himself,  he  is  prone  to  believe  that 
the  freedom  with  which  he  has  been  invested  involves 
freedom  from  labor,  which  was,  in  his  eyes,  the  dis- 
tinctive trait  in  the  condition  of  slavery.  It  is  not  to  be 
expected  that  he  would,  at  once,  reason  correctly  as  to 
his  surroundings  and  prospects,  or  adopt  promptly  the 
reasonings  of  the  late  proprietary  race.  Experience 
alone  can  teach  him  wisdom,  and  what  her  teaching  will 
be  is  not  a  subject  of  speculation ;  we  all  know  what  that 
will  be.  In  addition  to  all  this,  there  is  abundant  evidence 
that  he  has  indulged  most  extravagant  and  unfounded 
expectations  of  benefits  to  be  conferred  upon  him  by  the 
Federal  Government.  He  has  expected  from  that  source 
a  free  grant  of  land  in  his  own  right,  and  had  been  indis- 
posed to  cultivate  the  land  of  others.  If  driven  to  it  by 
present  necessity,  he  has  regarded  it  as  a  temporary 
expedient,  and  went  to  work  predisposed  to  shirk  it. 
Time  will  dissipate  these  delusions.  It  would  be  both 
just  and  kind  to  wait  for  and  to  assist  his  awakening  from 
them.  Many  who  have  hurried  into  courses  of  vice  and 
crime,  will  probably  prove  irreclaimable.  These  must 
be  committed  to  a  just  and  impartial  administration  of 
the  law,  as  is  practiced  with  the  vicious  of  our  own  race. 
But  the  great  mass  of  these  people,  under  good  influences, 
may  be  made  useful  to  themselves  and  to  the  country. 

The  planting  interest  in  Georgia  can  never  again  be 
what  it  has  been.  Few,  if  any,  will  be  able  to  prosecute 
it  on  as  large  a  scale  as  some  have  done  in  the  past.  But 
agriculture  must  continue  to  be  the  chief  industrial  pur- 
suit of  the  State.  The  return  of  prosperity  will  only  be 
retarded  by  inconsiderate  abandonment  of  it  under  a 
feeling  of  despondency.  So  far  as  the  great  staple  for 
export  is  concerned,  many  will  probably  be  surprised  at 


572  Confederate   Records 

the  pecuniary  results,  even  in  this  disastrous  year.  The 
price  of  the  article  will  be  more  than  three  fold  that  of 
the  average  of  former  years,  whilst  the  product,  in 
weight,  will  be  fully  one-third  of  that  realized  in  those 
years.  We  cannot  derive  the  same  consolation,  to  the 
full  extent,  regarding  the  provision  crop.  That  will  fall 
short  of  the  quantity  required  to  subsist  the  people  of 
the  State;  and  whilst  those  who  combined  with  it  the 
cultivation  of  cotton,  will  be  abundantly  able  to  supply 
the  deficiency,  the  poorer  classes,  who  were  never  accus- 
tomed to  produce  more  than  a  livelihood,  will  be  greatly 
straitened.  But  such  has  been  always  their  experience 
under  like  circumstances,  and  they  must  be  helped,  as 
heretofore,  by  those  more  favored.  Surely  it  will  be  so. 
Especially  should  the  creditor  class  favor  the  debtor  thus 
unfortunately  situated.  He  who,  under  such  circum- 
stances, would  coerce  payment,  by  legal  compulsion,  be- 
yond his  positive  necessities,  would  be  a  monster,  even 
in  the  family  of  Mammon. 

Good  policy  and  wise  forecast  undoubtedly  require 
diversity  of  pursuits.  Resources,  other  than  agricultural, 
which  are  abundant  in  Georgia,  should  be  developed. 
And  there  are  those  who  have  pecuniary  ability,  without 
adaptation  to  husbandry;  and  others  who  have  brain,  or 
bone  and  muscle,  or  all  combined,  who  have  neither  land 
nor  the  means  of  purchasing  it,  to  whose  these  other 
fields  of  enterjDrise  are  especially  inviting.  But  agri- 
culture is  at  last  the  leading  and  the  most  desirable 
pursuit,  and  those  having  experience  in  it,  or  adaptability 
to  it,  combined  with  the  possession  of  land  or  the  means 
to  purchase  it,  should  struggle  with  all  possible  energy 
and  persistence  to  overcome  all  obstacles  to  success.  In 
view  of  material  prosperity,  the  most  gloomy  picture  of 


Governor  Charles  J.  Jenkins  573 

these  gloomy  times  is  productive  land  lying  fallow.  Let 
all  holders  of  arable  land  cultivate  the  f  reedman,  in  order 
that  he  may  cultivate  the  soil,  to  the  great  advantage  of 
both  parties.  And  if,  at  last,  he  prove  untractable  and 
unavailable,  let  the  pauper  population  of  other  countries 
be  sought  after.  But,  come  what  may,  let  our  broad 
acres  be  tilled.  There  lies,  for  us,  the  broadest,  and 
deepest  and  most  reliable  source  of  subsistence  and  of 
wealth.  Whatever  the  General  Assembly  can  do  to  en- 
courage and  foster  this  branch  of  industry,  I  earnestly 
urge  upon  them.  They  are  themselves  chiefly  of  this 
class,  and  may  be  supposed  to  comprehend  its  wants. 
At  the  same  time,  doubtless,  they  will  be  disposed  to  do 
all  they  can  legitimately  to  promote  the  introduction  and 
development  of  other  industrial  pursuits. 

The  Penitentiary. 

The  Penitentiary  of  the  State  has  been  this  year  pass- 
ing through  a  trying  ordeal.  Subjected  during  the  war 
to  the  torch  of  an  invading  army;  at  the  commencement 
of  the  present  political  year  it  was  in  a  state  of  great 
dilapidation — scarcely  an  available  tenement  on  the 
premises,  its  workshops  destroyed,  the  large  cell-building 
roofless,  and  otherwise  injured — everything  wearing  the 
aspect  of  ruin,  with  no  funds,  and  few  convicts  to  aid  in 
the  work  of  reconstruction.  The  appropriation  made 
for  repairs  and  for  support  of  the  institution  was,  in  my 
estimation,  very  inadequate  to  its  necessities.  Yet,  I 
think  those  who  will  charge  themselves  with  personal 
inspection  will  find  that,  by  economy,  energy,  and  a  wise 
use  of  limited  means,  very  much  has  been  accomplished 
in  the  way  of  renovation.  The  cell-building,  essential  to 
the  safe-keeping  of  the  inmates,  has  been  put  in  excellent 


574  CONFEDEKATE     ReCORDS 

condition;  some  workshops  have  been  constructed;  the 
tannery  and  shoe  manufactory  have  been  put  in  good 
working  order;  a  large  eating-room,  with  kitchen  and 
smoke-house  appurtenant,  has  been  built  de  novo;  the 
barracks  for  the  guard  have  been  made  not  only  habita- 
ble, but  comfortable;  the  steam  engine  has  been  repaired 
and  made  subsidiary  to  many  useful  purposes,  and  the 
debris  of  the  fire  has  disappeared.  There  remain  ruins 
not  removed,  because  susceptible,  at  moderate  expense, 
of  useful  renovation.  As  a  Georgian,  I  regret  to  add 
another  evidence  of  its  prosperity  as  an  institution,  viz. : 
The  large  increase  in  the  number  of  its  inmates.  I 
willingly  bear  testimony  to  the  fidelity  and  ability  with 
which  the  Principal  Keeper  and  his  assistants  have  dis- 
charged their  duty.  The  report  of  the  former  will  be 
before  you.  Your  committees  will  scrutinize  it,  inspect 
the  premises,  and  look  into  the  general  management  of 
the  institution.  I  deem  it  unnecessary  to  reiterate  the 
views  presented  to  you  in  my  first  message  relative  to  its 
continuance  as  a  State  institution,  and  the  extension  to 
it  of  such  fostering  care  as  its  necessities  may  require. 

In  conformity  with  a  resolution  of  the  General  Assem- 
bly, Messrs.  Howell  Cobb,  Mark  A.  Cooper,  and  John  H. 
Fitten,  were  appointed  commissioners  "to  examine  and 
report  upon  the  propriety  of  removing  the  present  peni- 
tentiary and  locating  it  elsewhere,  or  of  establishing  an 
additional  one. ' '  Their  report  has  not  yet  been  received, 
but,  I  am  informed,  will  be  soon  presented.  When  re- 
ceived, it  will  be  transmitted;  and  until  then  I  reserve 
any  other  views  I  may  desire  to  present  on  this  subject. 

The  Chain-Gang. 
;      By  an  act  of  the  General  Assembly,  entitled  ''An  Act 


Governor  Charles  J.  Jenkins  575 

to  alter  and  amend  the  Penal  Code  of  Georgia,"  approved 
20tli  March,  1866,  a  large  number  of  offences,  previously 
treated  as  felonies,  were  reduced  below  that  grade,  and 
were  made  punishable,  in  the  discretion  of  the  Judge, 
by  sentence, ' '  to  work  in  a  chain-gang. ' '  And  by  another 
act,  entitled  '*An  Act  to  regulate  the  manner  of  convicts 
laboring  upon  public  works,  and  to  define  the  powers  and 
duties  of  the  Inferior  Court  and  Governor  of  the  State, 
touching  the  same,  and  for  other  purposes  therein  men- 
tioned," (approved  on  the  same  day),  it  was  left  dis- 
cretionary with  the  Inferior  Courts  of  the  several 
counties  to  employ  such  convicts  on  the  public  works  of 
the  county,  or  to  report  them  to  the  Governor,  to  be 
otherwise  employed.  When  so  reported,  it  was  made  the 
duty  of  the  Governor  to  send  a  guard  for  them,  and  to 
employ  them  diligently  on  the  Western  and  Atlantic 
Railroad,  or  upon  such  other  public  works  or  improve- 
ments as  he  might  judge  to  the  best  interest  of  the  State, 
and  as  shall  best  subserve  the  ends  of  justice.  Sentences 
of  this  character  have  been  very  numerous,  and  in  nearly 
all  cases,  the  Inferior  Courts,  declining  to  employ  them 
in  the  counties  wherein  they  were  convicted  and  sen- 
tenced, have  reported  them  to  the  Executive. 

The  performance  of  this  duty  has  been  attended  with 
great  difficulty,  embarrassment  and  expense.  I  made  early 
examination  into  the  practicability  of  employing  these 
convicts  safely  and  advantageously  on  the  Western  and 
Atlantic  Railroad,  and  became  thoroughly  satisfied,  that, 
although  such  labor  might  be  very  profitably  used  in 
constructing  a  railroad  where  there  were  excavations 
and  embankments  to  be  made,  it  was  entirely  unadapted 
to  any  work  to  be  done  on  a  railroad  finished  and  in 
operation.    In  ordinary  employment,  as  depot  or  train 


57G  Confederate   Records 

hands,  or  track-men,  or  in  any  other  work  of  which  they 
are  capable,  they  require  more  freedom  of  action  and 
more  disiDcrsion  than  would  be  compatible  with  secure 
confinement,  without  employing  almost  as  many  guards 
as  laborers.  That,  therefore,  was  not  available.  There 
are  no  established  public  works,  except  within  the  walls 
of  the  penitentiary,  where  mechanical  arts  are  chiefly 
prosecuted.  For  these,  the  term  of  punishment  usually 
prescribed  for  chain-gang  convicts  is  too  short,  and  in 
them  convicts  sentenced  for  felonies  can  be  more  profita- 
bly employed  for  the  State  and  for  themselves.  The 
expense  of  transporting  them  to  the  seat  of  government 
is  very  heavy.  It  sometimes  happens,  and  may  often 
occur,  that  a  guard  is  sent  from  the  seat  of  government 
to  a  county  most  remote  from  it,  for  a  single  chain-gang 
convict,  and  within  a  month  has  to  be  sent  to  the  same 
or  an  adjoining  county  for  another,  and,  perhaps,  neither 
may  have  been  sentenced  for  more  than  sixty  days.  When 
brought  here,  there  are  no  pre-arranged  facilities  for 
employing,  keeping  or  guarding  them.  To  overcome 
these  difficulties,  I  have  connected  this  branch  of  the 
public  service  more  or  less  closely  with  the  operations 
of  the  penitentiary.  This  made  the  transportation 
cheaper,  because  often  the  same  guard  would  brmg  con- 
victs of  felonies  and  convicts  of  misdemeanors.  Within 
the  walls  of  the  penitentiary,  I  have  also  found  it  cheaper 
and  safer  to  confine  them  at  night;  and  whenever  their 
labor  could  be  employed  profitably  to  the  penitentiary,  I 
have  caused  it  to  be  so  used,  and  have  charged  that  insti- 
tution with  it.  At  the  same  time,  I  have  been  compelled 
to  impose  upon  it  the  lodging,  guarding  and  subsistence 
of  them,  and  of  course  to  allow  reasonable  compensation 
for  them.  Tliey  have  been,  as  far  as  practicable,  em- 
ployed in  outdoor  work — in  doing,  carrying  and  lifting, 


Governor  Charles  J.  Jenkins  577 

necessary  in  the  repairs  on  the  Executive  Mansion  and 
State  House,  in  clearing  away  the  ruins  of  the  demolished 
arsenal,  in  improving  the  grounds  of  the  public  square, 
in  improving  the  streets  of  Milledgeville  at  very  moder- 
ate hire,  in  making  brick  in  the  penitentiary  brick  yard, 
in  quarrying  granite,  which  may  be  useful  to  the  State, 
or  salable.     But  as  the  number  increases — and  it  does 
so  rapidly— the  difficulty  of  employing  them  and  the  inci- 
dental   expenses    disproportionately.     If  the  policy  of 
throwing  them  upon  the  hands  of  the  Executive  be  con- 
tinued, it  is  indispensably  necessary  that  some  regular 
continuing  works,  adapted  to  their  capacity,  be  inaugu- 
rated, and  that  a  system  be  adopted  for  this  whole  service. 
I  recommend,  however,  that  their  employment  upon  the 
public  roads  of  the  several  counties,  and  in  making  brick 
for  the  erection  of  court  houses  and  jails,  and  in  building 
bridges,  be  made  compulsory  upon  the  Inferior  Courts 
of  the  several  counties.    There  is  open  to  those  courts  a 
wide  field  for  their  employment,  in  every  county,  which, 
with  good  management,  could  be  made  highly  advanta- 
geous to  it.     Nothing  more  is  wanting  than  a  spirit  of 
enterprise  and  improvement.    The  roads  and  bridges  of 
the  State,  with  rare  exceptions,  are  proverbially  bad. 
In  many  counties,  court  houses  are  wanted ;  and,  in  a  vast 
majority,  safe  and  commodious  jails.    Here  is  an  oppor- 
tunity to  command  free  labor  for  such  useful  purposes. 
Many  shrink  from  it,  because,  in  the  beginning,  the  labor- 
ers are  too  few  to  be  profitably  employed.    But  the  indi- 
cations  are,   that   this   would  be   only  temporary.     An 
efficient  gang  once  made  up  would  undoubtedly  be  main- 
tained as  regards  numbers.    Where  it  became  necessary, 
provision  might  be  made  for  consolidating  the  gangs  of 
two  or  three  adjoining  counties,  and  working  them  alter- 
nately in  the  one  and  the  other. 


578  CONFEDEKATE     RECORDS 

After  much  reflection  and  a  little  experience,  I  am 
satisfied  of  three  things.  1st.  That  owing  to  the  short 
terms  of  punishment,  no  general  system  of  State  employ- 
ment of  these  convicts  can  be  devised  which  will  at  all 
compensate  for  the  expense  of  transporting,  subsisting 
and  guarding  them.  2nd.  That  the  employment  of  them 
in  the  counties  where  convicted  can  be  made  to  relieve 
the  planting  interest  generally  of  an  onerous'  public 
service,  (the  working  of  the  roads),  and  in  every  way 
largely  beneficial  to  the  counties.  3rd.  That  nothing 
short  of  legal  compulsion  will  induce  the  courts  of  the 
counties  to  embark  in  the  enterprise. 

This  subject,  in  my  judgment,  demands  the  serious 
consideration  of  the  General  Assembly. 

Maimed  Soldiers. 

Considerable  delay  has,  I  regret  to  say,  attended  the 
completion  of  arrangements  for  the  supply  of  artificial 
limbs  to  maimed  soldiers.  No  general  inconvenience, 
however,  has  resulted  from  it,  in  consequence  of  tardi- 
ness in  returns  made  to  the  Comptroller-General;  less 
than  one  hundred  applications  having  been  made  by  the 
first  of  September,  of  which  one-fourth  were  informal, 
and  only  about  one-half  the  counties  having  been  yet 
heard  from. 

I  appointed  as  a  board  of  surgeons  to  examine  speci- 
mens of  various  patents  which  were  put  in  competition 
for  the  work  ordered  by  the  General  Assembly,  Drs.  L. 
A.  Dugas,  H.  H.  Steiner  and  L.  D.  Ford,  of  Augusta, 
having  personal  knowledge  of  their  professional  attain- 
ments and  skill,  and  believing  that  the  examinations  and 
consultations  could  be  made  with  more  deliberation  and 
less  delay  by  selecting  those  resident  in  the  same  place. 


Governor  Charles  J.  Jenkins  579 

A  call  was  also  made  through  the  gazettes,  as  directed 
in  the  act,  for  proposals  from  manufacturers  exhibiting 
specimens,  which  elicited  quite  a  number.  Considering 
together  these  proposals,  the  report  of  the  surgeons  upon 
the  relative  merits  of  the  limbs  submitted  to  their  ex- 
amination, and  the  directions  given  in  the  first  section  of 
the  act  as  a  guide  to  the  Executive,  it  was  very  clearly 
my  duty  to  accept  the  offer  of  Mr.  Douglass  Bly.  To 
him,  therefore,  the  contract  was  awarded,  and  it  has  been 
duly  executed,  he  naming  Macon  as  the  central  point 
where  the  limbs  were  to  be  fitted.  The  price  of  these 
limbs  will  be  seventy  dollars  for  each  leg  and  for  each 
arm  where  the  amputation  was  above  the  elbo»v,  and 
forty  dollars  where  it  was  made  below  that  joint. 

Tlie  report  of  the  Comptroller-General  will  inform 
you  of  the  whole  number  of  applications  that  have  been 
made  and  of  the  probable  total.  The  sum  required  to 
supply  all  applicants  who  bring  themselves  within  the 
provisions  of  the  act,  will  probably  somewhat  exceed 
the  appropriation  made,  but  it  will  doubtless  be  your 
pleasure  to  increase  it  so  as  to  leave  none  destitute. 
Adequate  information  will  probably  be  at  your  command 
in  time  to  act. 

From  information  collected,  I  am  satisfied  that  the 
benefits'  to  be  derived  by  the  wearer  of  this  admirable 
invention,  will  depend  mainly  upon  himself.  Early  ex- 
perience in  the  use  of  the  most  perfect  and  best  adapted 
artificial  limb  will  be  disappointing,  but  proper  caution 
and  perseverance  will  so  familiarize  the  wearer  with  its 
action,  as  to  make  it  speedily  a  wonderfully  useful  sub- 
stitute for  the  lost  member.  It  is  to  be  hoped  that  the 
brave  men  who  have  suffered  mutilation  will,  by  the 


580  Confederate   Records 

exercise  of  patience,  care  and  persistence,  derive  all  the 
benefit  you  have  designed  for  them. 

Corn  Appropriation. 

After  careful  enquiry  I  became  satisfied  that  corn 
could  be  most  advantageously  supplied  to  the  destitute 
under  the  appropriation  of  the  last  session  by  sending 
an  agent  to  the  Northwest,  and  that  St.  Louis  was  the 
best  point  for  his  operations.  Colonel  Maddox  was 
accordingly  appointed  and  dispatched  so  soon  as  the 
necessary  funds  could  be  obtained.  Through  the  liber- 
ality of  companies  engaged  in  transportation  by  steam- 
boat and  railroad  between  St.  Louis  and  Chattanooga, 
half  freights  only  were  charged  for  bringing  this  corn 
to  the  Western  terminus  of  the  State  road — which 
enabled  me  to  expend  in  the  purchase  at  least  $35,000 
more  than  could  otherwise  have  been  done.  The  different 
railroad  companies  of  this  State,  with  their  accustomed 
public  spirit  in  the  furtherance  of  good  works,  have  done 
their  part  in  the  transportation  with  promptness  and 
fidelity,  free  of  charge.  To  avoid  delay  I  appointed 
Colonel  Peterson  Thweatt,  agent,  to  receive  the  corn  at 
Chattanooga  and  to  distribute  it  to  the  counties,  thus 
carrying  on  the  purchase  and  distribution  simultaneously. 

The  Superintendent  and  other  officers  and  agents  of 
the  Western  and  Atlantic  Railroad  have  also  materially 
aided  the  operation.  The  purchasing  and  distributing 
agents  have  displayed  a  high  degree  of  business  capacity, 
promptness,  and  fidelity  in  the  discharge  of  their  duties. 
The  result  is,  the  purchase  and  distribution  in  round 
numbers  of  185,000  bushels  of  corn,  being  four  and  a  half 
bushels  to  each  beneficiary  reported,  at  a  cost  (all  ex- 
penses included)  a  little  less  than  one  dollar  per  bushel. 


Governor  Charles  J.  Jenkins  581 

There  are  some  items  not  yet  reported,  which  prevents 
a  more  precise  statement,  but  when  all  expenses  shall 
have  been  paid,  there  will  remain  in  the  treasury,  of  this 
appropriation,  about  $15,000.  Reports  of  the  agents  ac- 
company this  communication.* 

I  cannot  close  this  subject  (relief  to  the  destitute  and 
suffering  people  of  Georgia),  without  making  this  public 
acknowledgement  of  certain  noble  benefactions  from  the 
charitable  of  other  States,  (partly  in  provisions  and 
partly  in  money),  which  have  been  and  are  being  dis- 
tributed through  my  instrumentality.  In  these  munificent 
charities  the  noble  women  of  our  country  have,  as  usual, 
been  the  chief  actors.  Ladies'  Southern  Relief  Associa- 
tions of  Baltimore,  of  St.  Joseph,  Mo.,  and  of  Woodford, 
Ky. ;  the  Florissant  Southern  Relief  Association  of  St. 
Louis,  Mo.,  and  citizens  of  St.  Louis,  Mo.,  acting  through 
a  committee,  are  the  doers  of  these  good  works.  We  can 
give  them  only  our  poor  thanks.  May  He  who  is  love, 
and  who  loveth  a  cheerful  giver,  bestow  upon  them  a 
better  reward. 

Public  Buildings  and  Grounds. 

The  State  House  has  been  re-roofed,  and,  I  trust, 
made  secure  against  leakage;  and  the  legislative  halls 
have  been  renovated.  Water  has  been  introduced  into 
the  building,  and  arrangements  are  in  progress  to  light 
the  halls  with  gas,  both  of  which  improvements  will  tend 
to  diminish  the  risk  of  fire  to  the  building.  The  cupola 
is  represented  to  be  in  an  unsafe  condition,  requiring 
some  repairs  which  could  not  be  made  with  the  existing 
appropriation.    For  this  reason  I  have  not  had  the  clock 


*Not  found. 


582  Confederate   Records 

repaired  which  stands  within  it,  and  could  not  be  ex- 
pected to  run  well  until  those  repairs  shall  have  been 
made.  The  Executive  Mansion  has  been  put  in  secure 
and  comfortable  order;  but,  owing  to  the  high  prices  of 
furniture,  material,  labor  and  freights,  and  the  discovery 
of  greater  decay  and  dilapidation  than  was  anticipated, 
the  appropriation  proved  insufficient  for  the  object,  and 
the  excess  has  been  paid  out  of  the  contingent  fund,  of 
which,  notwithstanding  other  unexpected  drafts  upon  it, 
there  remains  a  considerable  unexpended  balance.  I 
refer  you,  for  detailed  report  and  suggestions,  to  the 
accompanying  report  of  the  engineer  in  charge.* 

Executive  Department. 

My  experience  in  this  department  induces  the  belief 
that  two  Secretaries  will  be  adequate  to  its  business.  I 
dispensed  with  the  services  of  the  additional  Secretary 
employed  during  your  last  session  very  soon  after  your 
adjournment.  If,  however,  the  duties  be  performed  by 
two,  as  I  think  they  can  be  by  the  present  efficient  incum- 
bents, their  labors  will  be  arduous ;  and  this,  together  with 
the  very  great  cost  of  living  at  this  time,  entitles  them 
to  a  moderate  increase  of  salary.  There  will  be  economy 
in  employing  two  capable  Secretaries,  with  good  salaries, 
rather  than  three  less  competent,  at  lower  salaries.  Their 
duties  are  also  exacting,  and  do  not  admit  of  uniting 
other  avocations  with  them. 

Conclusion. 

Whilst  our  political  relations  are  so  unsettled,  and 
so  few  gleams  of  hope  come  to  us  from  the  future,  there 
are  a  few  things  especially  incumbent  upon  us. 

*Not  found. 


Go\':eenor  Chakles  J.  Jenkins  583 

1st.  It  becomes  us  to  cultivate  among  ourselves 
unity  of  feeling,  of  opinion,  and  of  action;  unity  among 
the  people,  unity  among  the  departments  of  government. 

2nd.  Our  interest  lies  in  eschewing  political  excite- 
ment, studiously  avoiding  all  conflict  with  authorities  un- 
chosen  by  us,  but  placed  over  us,  and  employing  our  active 
energies  in  rebuilding  our  own  waste  places  and  develop- 
ing our  neglected  resources.  Whilst  others  rage  and 
wrangle  over  ephemeral  issues,  let  us  be  busy  with  the 
real,  abiding  concerns  of  life.  Thus  shall  we  emerge 
from  this  period  of  ostracism,  wiser,  more  thriving,  and 
more  respected  than  ever. 

3rd.  It  behooves  us,  above  all,  to  keep  ourselves  in 
proper  relation  with  the  Supreme  Ruler  of  the  Universe. 
To  this  end,  it  is  right  and  proper  that,  on  a  day  to  be 
appointed,  our  whole  people  should  simultaneously  pros- 
trate themselves  before  the  Throne  of  Grace,  rendering 
thanks  for  blessings  enjoyed,  imploring  forgiveness  for 
errors  committed,  and  seeking  light  to  guide  us  on  our 
rugged,  darkened  way.  I  have  refrained  from  inviting 
such  a  proceeding,  believing  that,  in  our  extremity,  it  is 
more  fitting  that  the  movement  be  made  by  the  imme- 
diate representatives  of  the  people.  I  will  cheerfully 
do  your  bidding,  and  heartily  co-operate  in  proclaiming 
and  observing  a  solemn  Christian  holocaust  for  suffering 
Georgia. 

Charles  J.  Jenkins. 


584  ~  Confederate   Records  . 

FRIDAY,  NOVEMBER  2iid,  1866. 

Executive  Department, 

Milledgeville,  Geoegia,       \ 
November  2iid,  1866. 

To  the  House  of  Representatives: 

I  return  to  the  House  of  Representatives,  in  which  it 
originated,  a  bill  to  be  entitled  "An  Act  to  authorize  the 
payment  of  certain  claims  against  the  Western  and 
Atlantic  Railroad,"  which  I  cannot  approve,  and  which 
came  to  me  too  late  to  be  returned  before  the  adjourn- 
ment. John  W.  Glenn  was  not  the  appointee  or  repre- 
sentative of  the  State  of  Georgia,  nor  subject  to  her 
control.  He  was  the  military  superintendent  of  that  road 
whilst  it  was  in  the  possession  and  under  the  control  of 
the  United  States  Government. 

All  of  the  earnings  of  that  road  during  his  superin- 
tendency  went  to  that  government,  and  have  never  yet 
been  accounted  for  to  the  State  of  Georgia.  If  ever 
accounted  for,  it  will  doubtless  be  after  deducting  the 
expenses. 

The  State  of  Georgia  did  not  make,  and  is  not  respon- 
sible for,  contracts  with  those  employees  during  that 
time,  which  is  well  known  to  these  contractors,  and  she  is 
in  no  condition  to  pay  debts  other  than  her  own. 

Services  rendered  in  taking  care  of  railroad  property, 
not  under  the  control  of  John  W.  Glenn,  and  not  in  the 
service  of  the  United  States,  require  no  legislation,  and 
will  be  provided  for  when  presented  accompanied  by 
sufficient  evidence. 

Charles  J.  Jenkins. 


Governor  Chaeles  J.  Jenkins  585 

TUESDAY,  NOVEMBER  13th,  1866. 

Executive  Department, 

Milledgeville,  Georgia, 

November  13,  1866. 

To  the  General  Assembly — 

I  came  into  office  under  the  impression,  that  the  vexed 
question  of  the  boundary  between  Florida  and  Georgia 
had  been  amicably  and  finally  settled.  I  was  therefore 
greatly  surprised  to  find,  during  the  late  spring,  that 
the  inhabitants  of  a  narrow  strip  of  territory,  which  T 
suppose  may  be  called  ''the  debatable  ground/'  were 
being  called  upon  by  the  receivers  of  tax  returns  for 
both  States  to  make  return  of  their  taxable  property. 
This  produced  no  little  anxiety  and  excitement  among 
those  good  citizens,  who  would  be  highly  appreciated  by 
either  State.  There  was  in  this  a  conflict  of  authority, 
whicli,  if  not  checked,  might  in  time  have  imperilled  the 
peace  of  the  border.  Under  this  impression,  I  proposed 
to  Governor  Walker,  of  Florida,  that  all  action  in  refer- 
ence to  taxation  be  suspended  until  I  could  carefully 
investigate  the  subject,  with  the  history  of  which  I  was 
not  very  familiar.  Governor  Walker,  in  the  spirit  of 
amity  and  courtesy,  which  it  is  to  be  hoped  will  always 
obtain  between  the  States,  promptly  acceded  to  the  propo- 
sition. My  investigations  have  satisfied  me,  that  this  is 
no  longer  to  be  regarded  as  an  open  question.  It  is  un- 
necessary to  review  the  whole  history  of  the  controversy. 
Your  attention  is  invited  to  a  point  in  it,  when  a  renewed 
attempt  at  amicable  adjustment  between  the  parties,  after 
repeated  failures,  was  agreed  upon,  and  to  what  ensued. 


586  Confederate   Eecords 

You  are  aware,  that,  having  been  unable  to  agree,  yet 
unwilling  to  protract  the  controversy,  the  parties  resorted 
to  a  suit  in  the  Supreme  Court  of  the  United  State.-,  in 
the  progress  of  which  that  government  was  made  a 
party. 

At  this  stage  of  the  case,  the  Governor  of  Florida 
proposed  that  the  terminal  points  of  the  then  existing 
line  be  agreed  upon;  that  a  line  be  run  from  one  to  the 
other  by  two  commissioners,  one  to  be  appointed  by  each 
State,  and  that  the  line  so  run  be  established  as  the 
boundary.  By  resolution  of  the  27th  December,  1857, 
the  General  Assembly  accepted  the  proposition  in  regard 
to  the  terminal  points,  and  in  a  commendable  spirit  de- 
clared that  Georgia  would  adopt  either  the  then  existing 
line  between  those  points,  or  any  other  that  might  be 
purveyed  and  marked,  by  virtue  of  law  and  the  joint 
action  of  the  two  States.  Authority  was  given  by  the 
same  act,  to  the  Governor,  to  appoint  a  competent  sur- 
veyor to  run  out  and  mark  distinctly  such  a  line  between 
the  designated  points,  in  conjunction  with  a  surveyor  to 
be  appointed  by  the  State  of  Florida. 

In  pursuance  of  this  agreement,  Gustavus  J.  Orr  was 
appointed  by  the  Governor  of  Georgia,  and  W.  Whitner, 
by  the  Governor  of  Florida,  to  run  and  mark  said  line. 
Whilst  these  surveyors  were  engaged  in  the  work 
assigned  them,  the  General  Assembly  of  Georgia,  by  an 
act  assented  to  16th  December,  1859,  enacted,  ''That  if 
the  State  of  Florida  shall  duly  recognize  and  by  law 
declare  the  line  now  being  run  by  the  joint  surveyors  of 
Florida  and  Georgia,  that  is  to  say,  the  first  line  run  by 
them  from  the  Western  to  the  Eastern  designated  termi- 
nus, as  the  permanent  boundary  line  between  the  two 
States,  that  the  said  line  is  hereby  recognized,  adopted 


Governor  Charles  J.  Jenkins  587 

and  declared  on  the  part  of  Georgia  as  the  true  and 
permanent  line  of  boundary;  provided,  nevertheless,  on 
the  Eastern  terminus,  it  does  not  depart  exceeding  one- 
fourth  of  a  mile  from  Ellicott's  Mound." 

The  line  was  run  out  and  marked,  and  its  Eastern 
terminus  did  not  ''depart  one-fourth  of  a  mile  from  Elli- 
cott's Mound."  Indeed,  the  variance  being  reported  as 
only  twenty-four  feet,  is  inappreciable,  and  for  all  practi- 
cal purposes  the  line  may  be  taken  to  have  terminated  at 
that  mound. 

It  would  seem,  then,  that  nothing  more  was  wanting 
to  bind  Georgia  to  this  line  than  Florida's  recognition  of 
it  by  legislative  enactment.  Whilst  the  survey  was  in 
progress,  the  legislature  of  Florida  enacted  a  law,  ap- 
proved 22nd  December,  1859,  of  the  same  tenor  and  effect 
with  the  above  recited  act  of  the  State  of  Georgia. 

After  the  completion  of  the  line,  the  Legislature  of 
Florida  passed  resolutions,  approved  February  8th,  1861, 
referring  to  the  above  act,  declaring  the  line  run  by 
Surveyors  Orr  and  Whitner  as  the  permanent  boundary 
between  the  States,  and  authorizing  the  Governor  of  that 
State  to  issue  a  proclamation  to  that  effect,  provided, 
that,  by  authority  of  the  Legislature  of  Georgia,  the  same 
thing  be  done  by  the  Governor  here.  I  transmit  herewith 
a  copy  of  those  resolutions,  now  of  file  in  this  department, 
authenticated  by  the  great  seal  of  the  State.  By  the  17th 
and  21st  sections  of  the  Code,  which  was  made  the  law 
of  Georgia  first  by  an  adopting  act,  approved  December 
19th,  1860,  and  secondly,  by  the  5th  clause,  1st  section, 
5th  article  of  the  Constitution,  ordained  and  established 
by  the  Convention  of  1865,  this  identical  line  is  declared 
to  be  the  boundary  between  Florida  and  Georgia.  Surely, 


588  Confederate   Records 

this  should  have  ended  the  controversy.  The  State  of 
Florida  so  holds.  I  respectfully  submit  that  so  the  State 
of  Georgia  must  hold,  unless  she  determine  to  ignore 
law  enacted  by  her  Legislature,  and  solemnly  recognized 
as  law  by  her  people  in  Convention  nearly  five  years 
after.  I  regret  to  add,  however,  that  the  General  Assem- 
bly, by  resolutions  assented  to  December  11th,  1861,  re- 
opened the  controversy,  by  providing  for  the  appoint- 
ment of  commissioners  on  the  part  of  Georgia,  and  re- 
questing the  appointment  of  commissioners  on  the  part 
of  Florida  to  hold  further  conference  on  this  vexed  ques- 
tion. The  Legislature  of  Florida,  with  commendable 
patience  and  friendly  consideration,  acceded  to  the 
request.  Commissioners  were  appointed  on  both  sides, 
and  entered  into  conference  in  the  month  of  December, 
1862.  Messrs.  "Wright  and  Erskine,  on  the  part  of  Geor- 
gia, proposed  that  a  line  known  as  the  Watson  Line  be 
adopted  as  the  boundary.  Messrs.  Banks  and  Papz,  on 
the  part  of  Florida,  declined  the  proposition,  and  insisted 
that  the  previous  action  of  the  Legislature  of  the  two 
States  had  established  the  Orr  and  Whitner  Line;  and 
so  this  effort  ended,  without  changing  the  status  of  the 
question. 

I  have  already  adverted  to  the  difficulty  which  occurred 
in  regard  to  tax  returns.  Accompanying  this  communi- 
cation will  be  found  a  copy  of  a  letter  from  the  Tax  Col- 
lector of  one  of  our  border  counties,  to  the  Comptroller- 
General,  stating  his  embarrassments,  and  asking  instruc- 
tions ;  also,  a  copy  of  a  letter  from  a  citizen  of  Georgia  to 
myself,  stating  that  the  duty  of  administering  an  estate 
lying  in  the  disputed  belt  has  devolved  upon  him,  and 
asking  directions  in  which  State  he  shall  seek  the  neces- 
sary authority  for  so  doing.     These  appeals  present  in 


Governor  Charles  J.  Jenkins  589 

strong  light  the  evil  of  keeping  the  question  open.  Other 
and  perhaps  more  serious  difficulties  will  occur  in  the 
progress  of  time,  if  a  finality  be  not  given  to  it. 

Questions  of  jurisdiction,  civil  and  criminal,  will  arise 
between  the  courts  of  the  border  counties  of  both  States. 
The  rights  of  property,  the  privileges,  duties  and  liabili- 
ties of  citizenship,  the  punishment  of  crime,  and  the  peace 
of  the  border  counties  are  all  involved.  To  me  it  seems 
that  these  considerations  far  outweigh  in  importance  the 
right  of  eminent  domain  over  this  narrow  strip  of  land, 
and  even  the  relation  of  citizenship  between  the  State  of 
Georgia  and  the  inhabitants  of  that  belt.  Doubtless, 
there  dwell  upon  it  good  and  true  men,  whom  we  should 
all  grieve  to  lose,  but  of  all  men  in  the  State,  they  are 
most  interested  in  the  settlement  of  the  controversy.  But 
whatever  interests  or  ties  are  involved  in  it,  I  respectfully 
insist,  that  by  the  action  of  the  two  States,  Georgia  is 
committed  to  the  Orr  and  Whitner  Line,  and  good  faith 
requires  that  she  make  full  and  final  acknowledgement 
of  it.  I  recommend  that  the  General  Assembly  authorize 
the  Executive  to  issue  a  proclamation  declaring  that  line 
the  boundary,  and  requiring  her  citizens  and  officers  to 
govern  themselves  accordingly. 

Charles  J.  Jenkins. 


590  Confederate   Records 

WEDNESDAY,  DECEMBER  12th,  1866. 

The  following  message  was  transmitted  to  the  Senate, 
to-wit : 

Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

December  12th,  1866. 

To  THE  Senate  : 

I  return,  unapproved,  to  your  body,  in  which  it  origi- 
nated, *'An  Act  for  the  relief  of  the  people  of  Georgia, 
and  to  prevent  the  levy  and  sale  of  property  under 
certain  circumstances. 

On  the  6th  of  March  last,  I  returned  to  you  an  Act 
bearing  the  same  title,  with  the  additional  words  "and 
within  a  limited  time,"  with  my  reasons  for  disapproving 
it.  The  objections  stated  to  that  Act  resting  mainly  on 
its  violation  of  the  Constitution  of  the  United  States  and 
of  the  State  of  Georgia,  as  I  understand  them,  apply  with 
equal  force  to  this,  and  it  is  quite  unnecessary  to  repeat 
them.  Subsequent  reflection  and  lights  coming  from 
other  sources,  have  tended  to  confirm  the  opinions  then 
expressed.  I  do  not  expect  to  make  converts,  but  without 
the  slightest  disrespect  to  a  co-ordinate  branch  of  the 
Government,  it  shall  be  my  care  to  keep  the  Department 
confined  to  me,  right  upon  the  record,  according  to  my 
own  firm  convictions. 

Charles  J.  Jenkins. 


GovEENOE  Charles  J.  Jenkins  591 

TUESDAY,  JANUARY  1st,  1867. 
Executive  Department, 

MiLLEDGEVILLE,    GrEOEGIA, 

January  1st,  1867. 

Whereas,  by  conventional  arrangement  between  the 
States  of  Florida  and  Georgia,  a  line  has  been  run  and 
marked  by  W.  Whitner,  Commissioner  of  the  former,  and 
G.  J.  Orr,  Commissioner  of  the  latter,  for  the  purpose  of 
clearly  defining  the  boundary  between  said  States  West 
of  the  St.  Mary's  River. 

Ajid  whereas,  the  said  line  has,  by  enactment  of  the 
Legislature  of  each,  been  adopted  and  confirmed  as  the 
boundary  between  them: 

Now,  therefore,  I,  Charles  J.  Jenkins,  Governor  of 
the  State  of  Georgia,  in  pursuance  of  a  request  of  the 
General  Assembly  by  a  resolution,  approved  14th  Decem- 
ber, 1866,  do  issue  this  my  proclamation  making  known 
to  all  whom  it  may  concern,  that  the  line  run  and  marked 
by  Commissioners  Whitney  and  Orr,  as  aforesaid,  is  the 
established,  permanent  boundary  between  the  States  of 
Florida  and  Georgia  from  its  initial  point  on  the  Western 
boundary  of  the  latter  at  or  near  the  confluence  of  the 
Flint  and  Chattahoochee  Rivers  to  its  terminal  point  at 
or  near  Ellicott's  Mound  on  the  St.  Mary's  River,  from 
which  point  said  boundary  proceeds  down  the  middle  of 
said  river  to  the  Atlantic  Ocean. 


592  Confederate   Records 

All  citizens  and  officers,  judicial,  ministerial  and  mili- 
tary, will  govern  themselves  accordingly. 

Given  under  my  liand  and  the  Seal  of  the  Ex- 
ecutive Department,  this  the  1st  day  of  January, 
A.  D.,  1867. 

Charles  J.  Jenkins, 

Governor. 

By  the  Governor: 

H.  J.  G.  Williams, 
Secty.  Ex.  Dept. 


FRIDAY,  JANUARY  4th,  1867. 

Circular. 
Executive  Department, 

Milledgeville,   Georgia, 

January  4th,  1867. 

To  THE  Justices  of  the  Inferior  Courts  of  the 

Several  Counties  of  the  State  of  Georgia: 

The  following  is  a  copy  of  an  Act  of  the  General 
Assembly,  approved  11th  December,  1866,  entitled  *'An 
Act  to  amend  an  Act  to  regulate  the  manner  of  convicts 
laboring  on  the  public  works,  and  to  define  the  powers 
and  duties  of  the  Inferior  Court  and  Governor  of  the 


GovEENOK  Charles  J.  Jenkins  593 

State,  toiicliing  the  same,  and  for  otlier  purposes  therein 
mentioned,  approved  20th  March,  1866." 

''Sec.  1.  The  General  Assembly  of  the  State  of 
Georgia  do  enact.  That  the  justices  of  the  inferior  courts 
of  the  several  counties'  shall  have  power,  and  are  re- 
quired to  provide  suitable  places  for  the  safe  keeping  of 
all  convicts,  and  to  make  provisions  for  their  support  by 
the  county,  and  to  employ  such  overseers  or  guards',  or 
both,  as  may  be  necessary  for  their  safe  keeping  and  for 
their  constant  and  diligent  employment  upon  the  public 
works,  and  shall  also  have  power  to  hire  out  or  bind  out 
such  convicts  to  contractors  on  the  public  works,  or  to 
individuals  upon  such  bonds  and  restrictions  as  shall  sub- 
serve the  ends  of  justice.  And  for  the  purposes  afore- 
said any  two  or  more  counties  by  said  justices,  may  com- 
bine, keep  and  work  together  such  convicts  on  such  terms 
and  upon  such  public  works  anywhere  in  the  State  as 
they  may  agree  upon;  and  the  Governor  may,  if  he  deems 
it  advisable,  refuse  to  receive  such  convicts  from  said 
justices  as  required  of  him  hy  the  second  Section  of  said 
Act.'' 

Therefore,  in  pursuance  of  the  discretion  given  me 
by  said  Act,  and  that  there  may  be  no  misunderstanding 
on  the  subject,  I  hereby  notify  you  that  I  do,  and  shall,  re- 
fuse to  receive  all  or  any  convicts  sentenced  to  labor  on 
public  works  or  in  chain-gang.  No  such  convicts  will 
hereafter  be  sent  for  or  received  by  me. 

Chaeles  J.  Jenkins, 

Governor. 


594  CONFEDEKATE     KeCOKDS 

WEDNESDAY,   JANUARY  9th,   1867. 

Executive  Department, 
Milledgeville,  Georgia, 
January  9,  1867. 

In  conformity  with  an  Act  of  the  General  Assembly 
of  the  State  of  Georgia,  I,  Charles  J.  Jenkins,  do  hereby 
appoint  N.  J.  Hammond,  Esq.,  of  the  city  of  Atlanta, 
arbitrator  on  the  part  of  said  State  to  arbitrate  between 
the  State  and  Messrs.  Seago,  Palmer  and  Co.,  of  said 
city,  touching  a  claim  asserted  by  them ;  with  j^ower  and 
authority  to  do  all  things  whatsoever  contemplated  by 
the  provisions  of  said  Act  to  be  done  and  performed  by 
said  arbitrator,  who  is  required,  so  far  as  instructed,  to 
govern  himself  by  said  Act. 

Charles  J,  Jenkins, 

Governor  of  Georgia. 


MONDAY,  FEBRUARY  4th,  1867. 

Notice. 

Executive  Department, 
Milledgeville,  Georgia, 

February  4,  1867. 

Drs.  H.  F.  Campbell,  R.  A.  T.  Ridley  and  Thos.  S. 
Powell,  a  committee  appointed  by  resolution  of  the  Gen- 


Governor  Charles  J.  Jenkins  595 

eral  Assembly  to  examiue  and  report  upon  the  merits  of 
the  Eureka  Artificial  Leg,  invented  by  Dr.  H.  L.  Byrd, 
of  Georgia,  and  the  artificial  arm  invented  by  Diterick 
W.  Kolbe,  having  made  such  examination,  and  having 
reported  favorably  of  said  artificial  limbs,  and  the  said 
Byrd  and  Kolbe,  jointly  concerned  in  manufacturing  the 
aforesaid  artificial  leg,  and  the  said  Diterick  Kolbe,  alone 
in  the  manufacture  of  said  artificial  arm,  having  entered 
into  contracts  with  the  executive  for  carrying  into  effect, 
in  the  city  of  Macon,  the  intentions  of  the  General  As- 
sembly: notice  is  hereby  given  that  all  officers  and  sol- 
diers in  the  late  war  who  suffered  the  loss  of  an  arm  or 
a  leg  whilst  rendering  military  service  to  the  Confeder- 
ate States,  or  to  the  State  of  Georgia,  as  members  of  a 
Georgia  military  organization,  and  who  were  excluded 
from  the  benefits  of  the  "Act  for  the  relief  of  maimed 
indigent  soldiers  and  officers  of  this  State,  who  belonged 
to  military  organizations  of  this  State,  in  the  State  or 
Confederate  armies,"  approved  12th  March,  1866,  may 
apply  to  them  for  limbs  so  soon  as  notice  is  given  that 
they  are  prepared  to  commence  their  work. 

Applicants  must  observe  the  second,  fourth,  fifth  and 
sixth  Sections  of  the  Act  of  March  12th,  1866.  Officers 
and  soldiers  entitled  under  the  first  appropriation,  but 
excluded  because  it  was  exhausted,  may  apply  under  this 
notice. 

Charles  J.  Jenkins, 
Governor. 


596  Confederate   Records 

TUESDAY,  MAY  28tli,  1867. 

Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

May  28,  1867. 

Ordered,  That  Messrs.  Clayton  and  Adair  be,  and  tliey 
are  hereby,  apj)ointed  agents  of  the  State  of  Georgia  for 
the  purchase  of  corn  to  supply  the  destitute  of  Georgia, 
under  the  thirty-fifth  Section  of  the  General  Appropria- 
tion Act,  approved  12th  December,  1866. 

Charles  J.  Jenkins, 

Governor. 


MONDAY,  SEPTEMBER  30th,  1867. 

Executive  Department, 

MiLLEDGEVILLE,    GeORGIA, 

September  30,  1867. 

Ordered,  That  the  following  additional  regulations 
relative  to  the  education  of  maimed  indigent  soldiers  be 
observed  by  the  universities  and  colleges  engaged  in  their 
instruction,  and  that  a  copy  be  forwarded  to  the  chief 
executive  officer  of  each. 

I.  Such  students  may  be  transferred  from  either  of 
those  institutions  to  any  other  of  the  five  mentioned  in 
the  Act ;  provided,  That  such  transfer  can  only  be  made 


Governor  Charles  J.  Jenkins  597 

at  the  end  of  a  quarter  of  the  calendar  year.  No  pupil 
will  be  permitted  to  spend  a  portion  of  a  quarter  at  one 
institution  and  the  remainder  at  another. 

II.  Whenever  any  such  pupil  shall  leave  the  insti- 
tution at  which  he  may  have  matriculated,  the  chief  exec- 
utive officer  shall  endorse  on  his  bond  the  length  of  time 
he  may  have  been  taught  there,  and  shall  transmit  it  to 
the  like  officer  of  the  institution  to  which  he  may  go. 

III.  These  transfers  will  not  interfere  with  any  con- 
ventional arrangements  or  recognized  comity  existing 
among  those  institutions.  Only  the  students  discretion 
in  the  matter  of  transfer  is  restricted. 

IV.  All  such  transfers  must  be  embraced  in  quar- 
terly'- reports  to  this  office. 

V.  The  last  quarterly  report  for  the  year,  from  each 
university  or  college,  must  set  forth  the  name  of  each 
pupil  instructed  at  the  charge  of  the  State — the  time  of 
his  entrance  and  departure,  (if  he  shall  have  left) — the 
sum  actually  expended  for  him  on  account  of  board — of 
tuition — of  clothing  and  of  books,  and  their  aggregate  to 
the  end  of  the  third  quarter — and  also  what  is  claimed 
for  him  on  account  of  each  of  those  items  and  their  ag- 
gregate for  the  fourth  quarter.  College  terms  must  not 
be  confounded  with  quarters  of  the  calendar  year.  This 
office  settles  by  the  latter.  No  final  settlements  for  the 
year  will  be  made  with  any  of  those  institutions  until  this 
exhibit  is  filed  in  this  office. 

VI.  For  the  portions  of  the  year  which  are  given  to 
vacations  no  board  must  be  charged.  The  items  for 
which  the  State  is  chargeable  (within  the  limits  of  the 
three  hundred  dollars  allowed,)  are  tuition,  to  which  the 


598  Confederate   Records 

institution  is  entitled  according  to  its  own  regulations, 
and  the  sums  actually  expended  for  board,  clothing  and 
books.  Any  balance  in  favor  of  or  against  the  State  at 
the  end  of  the  third  quarter  must  be  stated. 

VII.  Returns  for  the  fourth  quarter,  already  made, 
which  do  not  conform  to  these  regulations,  are  not  ac- 
cepted.    They  must  be  made  in  conformity. 

Charles  J.  Jenkins, 

Governor. 


SATURDAY,  JANUARY  11th,  1868. 

Executive  Department, 

MiLLEDGEVILLE,    GeORC4IA, 

January  11,  18G8. 

Whereas,  by  reason  of  the  interference  of  the  Con- 
gress of  the  United  States  with  the  administration  of  the 
government  of  the  State  of  Georgia,  the  meeting  of  the 
General  Assembly  at  the  time  appointed  for  the  year 
1867,  has  been  prevented,  whereby  the  usual  appropria- 
tions for  the  support,  during  the  year  1868,  of  the  Luna- 
tie  Asylum,  the  Academy  for  the  Blind,  the  Academy  for 
the  Deaf  and  Dumb  and  the  Penitentiary,  have  not  been 
made;  and  whereas,  by  the  Constitution  of  said  State  it 
is  ordained  that  "no  money  shall  be  drawn  from  the 
treasury  of  this  State  except  by  appropriation  made  by 
law," 


GovERNOK  Charles  J.  Jenkins  599 

Now,  therefore,  for  the  purpose  of  avoiding  the  seri- 
ous consequences  which  must  result  from  the  closing  of 
those  institutions,  it  is 

Ordered,  That  the  Superintendent  of  the  Western  & 
Atlantic  Railroad  advance  to  each  of  said  institutions,  in 
each  quarter  of  the  year  last  aforesaid,  commencing  on 
the  first  inst.  the  following  sums,  viz. :  To  the  Treasurer 
of  the  Lunatic  Asylum,  upon  the  order  of  the  trustees 
thereof,  the  sum  of  fifteen  thousand  dollars  for  the  sup- 
port of  the  pauper  patients.  To  the  Treasurer  of  the 
Academy  for  the  Blind,  upon  the  order  of  the  trustees, 
for  the  maintenance  of  pupils,  salaries  of  officers  and 
incidental  expenses,  the  sum  of  two  thousand,  seven  hun- 
dred and  fifty  dollars.  To  the  Treasurer  of  the  Academy 
for  the  Deaf  and  Dumb,  upon  the  order  of  the  trustees^ 
the  sum  of  two  thousand  dollars,  and  to  the  bookkeeper 
of  the  penitentiary,  upon  the  order  of  the  principal  keep- 
er, for  the  support  of  the  penitentiary,  the  sum  of  five 
thousand  dollars. 

And  it  is  further  ordered,  that  said  Superintendent 
of  the  Western  and  Atlantic  Railroad,  upon  each  pay- 
ment to  the  trustees  of  each  institution,  as  herein  before 
provided,  take  from  said  trustees  of  the  three  first  named, 
and  from  the  principal  keeper  of  the  penitentiary,  ac- 
knowledgements of  such  advances  as  a  loan  to  be  re- 
funded when  an  appropriation  shall  be  made  for  that 
purpose  by  the  Legislature,  unless  by  Act  of  the  Legis- 
lature, said  obligations  be  cancelled. 

Charles  J.  Jenkins, 

Governor. 


600  Confederate   Kecoeds 

Headquarters  Third  Military  District, 
Department  Georgia,  Florida  and  Alabama, 

Atlanta,  Ga.,  January  13,  1868. 

General  Orders  No.  8. 

I.  Charles  J.  Jenkins,  Provisional  Governor  and 
John  Jones,  Provisional  Treasurer,  of  the  State  of  Geor- 
gia, having  declined  to  respect  the  instructions  of,  and 
failed  to  co-operate  with  the  Major  General  Command- 
ing the  Third  Military  District,  are  hereby  removed  from 
office. 

II.  By  virtue  of  the  authority  granted  by  the  Sup- 
plementary Reconstruction  Act  of  Congress,  passed  July 
19th,  1867,  the  following  named  officers  are  detailed  for 
duty  in  the  District  of  Georgia: 

Brevet  Brigadier-General  Thomas  H.  Euger,  Colonel 
33d  Infantry,  to  be  Governor  of  the  State  of  Georgia. 

Brevet  Captain  Charles  F.  Rockwell,  Ordnance  Corps, 
U.  S.  Army,  to  be  Treasurer  of  the  State  of  Georgia. 

III.  The  above  named  officers  will  proceed  without 
delay  to  Milledgeville,  Georgia,  and  enter  upon  the  dis- 
charge of  the  duties  devolving  upon  them,  subject  to  in- 
structions from  these  headquarters. 

By  order  of  Major  General  George  S.  Meade,  U.  S.  A. 

Commanding  Third  Military  District. 

In  accordance  with  the  above  order,  Brevet  Brigadier- 
reneral  Thomas  H.  Ruger  entered  upon  the  duties  of  his 
^ffice  as  Provisional  Governor  of  Georgia  on  this,  the 
)th  day  of  January,  1868. 


INDEX 


Act,  an,  to  amend  an  act  to  regulate  manner  of  conTicts  laboring 

on  public  roads,  «te.  592. 
Adair,  G.  W.,  delegate  from  Fulton,  135. 
Adair  &  Clayton,  appointed  agents  to  purchase  com,  596. 
Adams,  D.  R.,  delegate  from  Putnam,  136. 
Adams,  W.  H.,  delegate  from  Elbert,  134. 
Aiken,  Warren,  appointed  trustee  Georgia  Orphan  Home,  532. 
Alexander,  John  R.,  delegate  from  Thomas,  137;  explains  vote  on 

ordinance  to  ignore  public  debt,  345. 
Alexander,  W.  D.,  delegate  from  Pike,  136. 
Allen,  James,  delegate  from  Hart,  135. 
Allen,  R.  G.,  elected  Justice  Peace,  27. 
Allred,  L.  J.,  qualified  as  assistant  messenger,  164. 
Amnesty  Oath,  12;  16; 

Administered  by  ordinaries,  19. 
Administered  by  Hon.  I.  L.  Harris,  138. 

Committee  appointed  to  memoralize  President  of  TJ.  S.  in  be- 
half of  citizens  excepted  from  benefits  of  340;  committee 
reports,  348.  . 

resolution  to  compensate  ordinaries  and  clerks  for  adminis- 
tering, 323. 
Anderson,  E.  C,  delegate  from  Chatham,  134. 
Anderson,  J.  W.,  appointed  trustee  of  Georgia  Orphan  Home,  532. 
Anderson,  W.  D.,  delegate  from  Cobb,  134. 
Anderson  &  Wing,  mentioned,  65. 
Appendix  to  Journal  of  the  Convention,  365. 
Arnold,  E.  B.,  delegate  from  Henry,  135. 
Arnold,  F.  W.,  ordinary  Morgan  County,  25. 
Arnold!  J.  W.,  delegate  from  Walton,  137. 
Artificial  limbs,  maimed  soldiers  to  be  supplied  with,  523,  534,  538, 

595. 
Ashley,  Matt.,  delegate  from  Coffee,  134. 
Atkinson,  E.  N.,  delegate  from  Camden,  qualified,  153. 
Atkinson,  N.  S.,  delegate  from  Troup,  137. 
Atlanta  Intelligencer,  mentioned,  20. 
Attorney  General,  to  enforce  administration  of  justioo,  11. 


602  Index. 

Augusta  Chronicle  &  Sentinel,  mentioned,  20. 

Augusta  Manufacturing  Co.,  mentioned,  48. 

Autrey,  John  F.,  appointed  to  administer  amnesty  oath,  24. 

B 

Bacon,  N.  C,  delegate  from  Warren,  137. 

Bagley,  Wm.,  delegate  from  Chattahoochee,  134. 

Bailey,  J.  G.,  mentioned,  69. 

Baldwin,  D.  H.,  mentioned,  58. 

Baltimore,  Ladies'  Southern  Belief  Fair  of,  sends  supplies  to  Geor- 
gia, 524;  Georgia's  gratitude  to,  526. 

Banks  of  the  State,  ordinance  for  relief  of,  327;   to  make  return 
of  their  condition  to  the  Governor,  485. 

Barksdale,  J.  W.,  delegate  from  Lincoln,  136. 

Barlow,  W.  W.,  delegate  from  Sumter,  137. 

Barnes,  V.  M.,  delegate  from  Columbia,  134. 

Barnet,  Samuel,  member  committee  on  distribution,  525. 

Barnett,  David,  appointed  commissioner  of  deeds,  36. 

Barnett,  J.  L.,  delegate  from  Butts,  133. 

Batey,  R.,  appointed  director  W.  &  A.  road,  32;  appointment 
objected  to,  34. 

Batton,  T.  E.,  delegate  from  Walker,  137. 

Baugh,  Robert,  appointed  Superintendent  of  W.  &  A.  R.  R.,  33; 
report  of,   121. 

Baxter,  J.  W.,  delegate  from  Gwinnett,  135. 

Beach,  Mr.,  mentioned,  69. 

Beach,  Root  &  Co.,  mentioned,  71. 

Beall,  A.  A.,  mentioned,  67;  71. 

Beall,  Jeremiah,  member  committee  on  distribution,  525. 

Bell,  Sampson,  delegate   from  Webster,  137. 

Bell,  W.  H.,  delegate  from  Forsyth,  135. 

Bentley,  W.  D.,  disqualified  from  administering  amnesty  oath,  26. 

Bethune,  M.,  delegate  from  Talbot,  137. 

Bivins,  M.  L.,  delegate  from  Marion,  136. 

Black,  G.  R.,  delegate  from  Screven,  136. 

Black,  L.,  delegate  from  Walker,  137. 

Blance,  J.  A.,  delegate  from  Polk,  136. 

Bless,  F.  C,  appointed  commissioner  of  deeds,  36. 

Blount,  J.  H.,  delegate  from  Jones,  135. 

Bly,  Dr.  Douglass,  awarded  contract  to  supply  artificial  limbs,  534; 
agreement  between  Bly  and  Governor  Jenkins,  535. 

Bonds  and  coupons  of  the  State  of  Georgia  to  be  funded,  540. 

Boundary  line  between  Georgia  and  Florida,  message  from  Gover- 
nor concerning,  585;  proclamation  defining  permanent  line, 
591. 


Index.  603 

Bowen,  Stephen,  delegate  from  AVilcox,  137. 
Bower,  I.  E.,  delegate  from  Miller,  136. 
Bowers,  L.  G.,  mentioned,  65. 
Bowers,  William,  delegate  from  Hart,  135. 
Boyd,  Wier,  delegate  from  Lumpkin,  136. 
Brady,  Wright,  delegate  from  Sumter,  137. 
Btantley,  F.  M.,  delegate  from  Meriwether,  136. 
Brassell,  P.  H.,  delegate  from  Fayette,  135. 
Brewer,  Joel,  delegate  from  Polk,  136. 
Brewton,  Nathan,  delegate  from  Ware,  137. 
Brewton,  S.  J.,  delegate  from  Bulloch,  133. 
Brigham,  H., 

Correspondence, 

Briscoe,  L.  H.,  102. 
Johnson,  Prov.  Gov.  James,  60. 
mentioned,  26;  53;  55;  57-59;  66;  71;  516;  517. 
$200  ordered  paid  to,  105. 

resolution   to    reclaim   1,650   bales    cotton,   belonging   to   State, 
from,  334. 
Brightwell,  W.  B.,  delegate  from  Oglethorpe,  136. 
Briscoe,  L.  H., 

appointed  Secretary  to  Governor,  13. 
acting  Secretary  of  Convention,  133. 
Correspondence, 

Brigham,  H.,  102. 
McCulloch,  H.,  103. 
mentioned,  49. 

requests  State  House  officers  to  report  condition  of  offices,  34. 
Brown,  E.  D.,  mentioned,  49. 

Brown,  Jeff,  appointed  Commissioner  of  deeds,  18. 
Brown,  Joseph  E. 

action  of,  in  relation  to  cotton  owned  by  State,  approved  -i4d; 
correspondence,  Johnson,  Prov.  Gov.  James,  54;  62; 
mentioned,  26;  57-61;  81;  82; 
tendered  seat  on  floor,  160. 
Bruce,  E.  M.  &  Co.,  mentioned,  48. 
Buchannan,  Hon.  Hugh, 

appointed  member  committee  on  distribution,  525; 
elected  member  U.  S.  Congress,  107. 

Burts,  D.  H., 

delegate  from  Chattahoochee,  134. 

Burwell,  Hon.  W.  M., 

invited  to  seat  on  floor,  213. 
Bush,  Isaac, 

delegate  from  Miller,  136. 


604  Index. 


Cabineaa,  Hon.  E.  G., 

delegate  from  Monroe,  136; 

elected  member  U.  S.  Congress,  107; 

member  committee  on  distribution,  525. 
CalawBy,  Morgan,  delegate  from  Randolph,  136. 
Cameron,  A,  J.,  delegate  from  Telfair,  137. 
Campbell,  Jamea,  pardoned,  36. 
Candler,  Milton, 

delegate  from  DeKalb,  134. 
Cantroll,  W.  F., 

elected  Justice  of  Peace,  28. 
Caraker,  D.  A.,  mentioned,  49. 

Card  factory,  agent  appointed  to  adjust  accounts  of,  491. 
Carrington,  L., 

acting  Secretary  of  Convention,  133. 
Chichester,  T.  W.,  appointed  agent  and  attorney  to  negotiate  loans 

for  the  State,  527;  530. 
Chambers,  J.  M.,  appointed  trustee  Ga.   Orphan  Home,  532. 
Chandler,  D.  J.,  delegate  from  Madison,  136. 
Chappell,  A.  H.,  delegate  from  Muscogee,  136. 
Christy,  Hon.  J.  H., 

delegate  from  Clark,  134; 

elected  member  U.  S.  Congress,  107; 

member  committee  on  distribution,  525; 
Clark,  F.,  delegate  from  Colquitt,  134. 
Clayton,  Samuel,  mentioned,  515. 

Clayton,  W.  W.,  appointed  treasurer  W.  &  A.  R.  R.,  514. 
Clayton  &  Adair,  appointed  State  agents  to  purchase  corn,  596. 
Clement,  Stephen,  delegate  from  Forsyth,  135. 

Cobb,   Gen.   Howell,  appointed   Commissioner   to   report   upon   pro- 
priety of  removing  penitentiary,  531. 
Cochran,  R.  J.,  delegate  from  Wilkinson,  137. 
Cochrane,  Hon.  A.  E.,  unexpired  term  of,  to  be  filled,  34. 
Coffey,  M.  V.,  elected  Justice  of  Peace,  28. 
Cohen,  Solomon, 

delegate  from  Chatham,  134; 

elected  member  U.  S.  Congress,  107; 

member  committee  on  distribution,  525. 
Cole,  C.  B., 

appointed  Judge  Superior  Court,  22; 

delegate  from  Bibb,  133. 
OoHey,  G.  W.,  delegate  from  Calhoun,  134. 
Oollis,  G.  H.  J.,  appointed  commissioner  of  deeds,  27. 


Index.  605 

Columbus  Enquirer,  mentioned,  20. 
Committee, 

to  prepare  and  report  code  of  laws,  116; 

finance,  report  of,  120; 

to  report  business  for  Convention,  139; 

to  report  to  the   Governor  that  Convention  is  organized,  139; 

report,  140; 
to  secure  services  of  clergymen  for  convention,  139; 
of  sixteen  to  report  business  for  Convention,  142; 
of  five  to  memorialize  President  of  TT.  S.  in  behalf  Jefferson 
Davis,  A.  H.  Stephens  and  others,  144;  162;  report,  197;  re- 
port adopted,  211; 
on  enrollment  and  auditing,  161; 

report  of  enrollment  committee,  205;  293;  311;  317;  354;  355; 
to  report  to  next  legislature  what  laws  will  be  necessary,  163; 
reports  on  communication  from  Gen.  Tilson,  200; 
on  2d  Article  of  Constitution,  253; 
to  provide   for   organization   of  militia  companies,  259;   report, 

294; 
of  sixteen  report  on  8th  paragraph  of  5th  article  of  Constitu- 
tion, 275; 
to  bring  up  unfinished  business,  322; 
report  address  to  President  of  linited  States,  324; 
report  on  Governor's  message  relative  to  cotton,  333; 
to  investigate  financial  operations  of  the  State,  333; 
to  memorialize  President  of  U.  S.  to  extend  clemency  to  certain 

citizens;   340;  report,  348; 
to  memorialize  Secretary  of  Treasury,  342;  350; 
to   execute   3d  Section   of   Act  for   relief   of  maimed   indigent 
soldiers,  523. 
Compton,  P.  M.,  appointed  agent  to  adjust  accounts  of  card  factory, 

491. 
Comptroller  General, 

order  to  report  to  the  Governor,  76; 
report  of,  85; 

report,  annual,  to  be  published  for  use  of  Convention,  144. 
Confederate  treasury  notes,  etc.,  to  be  burned,  533. 
Congress  of  United  States, 

interferes  with  government  of  the  State,  598; 
members  elected  to,  107; 
Congressional  districts,  ordinance  to  establish,  146. 
Constitution,  Article  I  of  revised  Constitution  of  Georgia  reported, 

168; 
Constitution,  Article  II  of  revised  Constitution  of  Georgia  reported, 

172; 


606  Index. 

Constitution,  Article  III  of  revised  Constitution  of  Georgia  reported, 

206; 
Constitution,    Article   IV   of   revised    Constitution    of    Georgia   re- 
ported, 226; 
Constitution,  Article  V  of  revised  Constitution  of  Georgia  reported, 
275. 
resolution  to  print  one  thousand  copies  of,  289; 
as  adopted,  365. 
Convention  of  1865, 

addressed  by  President,  356; 

adjourns  sine  die,  364; 

called  to  order  by  Prov.  Gov.  Johnson,  133; 

committee  appointed  to  report  business  for,  139; 

committee  to  report  to  Governor  that  Convention  is  organized, 

139; 
committee  to  secure  services  of  clergymen  for,  139; 
delegates  to,  133; 
elects  officers,  138; 
journal  of,  133; 
meets  in  Milledgeville,  133; 
messages  to  from  Prov.  Gov.  Johnson,  38;  47;  48;   49;  53;   73; 

78;  97;  238; 
printers  appointed  for,  144. 
resolution  relating  to  printing  and  distribution   of  journal   of, 

322. 
rules  adopted  for  government  of,  143; 
to  be  held  in  Milledgeville,  37. 
Convicts,  Governor  refuses  to  receive  convicts  to  labor  on  public 

roads,  592. 
Cook,  Hon.  Philip, 

delegate  from  Macon,  136; 
elected  member  U.  S.  Congress,  107; 
member  committee  on  distribution,  525. 
Cooper,  Major  M.  A.,  appointed  commissioner  to  report  upon  pro- 
priety of  removing  penitentiary,  531. 
Cotton, 

correspondence  concerning,  25;  53-73;  102;  103;  105; 
report  of  Comptroller  General  concerning  purchase  of,  85; 
report  of  committee  on  message  of  the  Governor  relative  to,  333; 
resolution  requesting  information  from  Governor  relative  to  143; 
resolution  requesting  Governor  to  reclaim  cotton  belonging  to 

State,  334; 
resolution  requesting  Governor  and  members  of  congress  to  press 
claims  for  cotton,  334; 
Cotton  and  tobacco,  report  of  Treasurer  concerning  purchase  of,  79. 
Courts,  district  judge  to  hold,  11. 


Index.  607 


Covington,  J.  E.,  delegate  from  Cherokee,  134. 
Crane  &  Graybill,  mentioned,  525;  52G. 
Crawford,  H.  G.,  delegate  from  Decatur,  134. 
Crawford,  N.  M., 

delegate  from  Greene,  135; 

mentioned,  140. 
Crighton,  William,  mentioned,  526. 
Cross,  G.  F.,  mentioned,  48. 
Crow,  Abraham,  elected  Justice  of  Peace,  28. 
Gumming,  D.  E.,  delegate  from  Washington,  137. 
Cureton,  J.  W.,  delegate  from  Dade,  134. 
Cutts,  A.  S., 

delegate  from  Sumter,  137; 

member  committee  on  distribution,  525. 
Cuyler,  G.  A.,  mentioned,  512. 
Cuyler,  E.  E.,  Georgia's  gratitude  to,  82. 


Dahlonega,  Ga.,  resolution  relative  to  mint  at,  212;  adopted,  351. 

Daley,  A.  W.,  delegate  from  Tattnall,  137. 

Dart,  Urbanus,  delegate  from  Glynn,  qualified,  141. 

Davis,  Jefferson, 

committee  to  memorialize  President  of  U.  S.  in  behalf  of,  144; 
report  of  committee,  197. 
Davis,  J.  B.  S.,  delegate  from  Jackson,  135. 
Davis,  T.  J.,  delegate  from  Floyd,  135. 
Dearing,  E.  B.,  elected  Justice  of  Peace,  27. 
Debt,  war, 

correspondence  concerning,  50;  73;  74; 

committee  to  ascertain  what  part  of  debt  contracted  for  other 

than  war  purposes,  231; 
message  from  Prov.  Gov.  Johnson  concerning,  238;  239; 
ordinance  to  repudiate,  283;  305; 
resolution  of  enquiry  relative  to,  191. 
dft  Graffenried,  B.  B.,  delegate  from  Baldwin,  133. 
Delegates  to  Convention  133;  certain  delegates  qualified  140;  141. 
Dickey,  J.  B.,  delegate  from  Fannin,  135. 
District  Judge  to  hold  court,  11. 
Divine,  Jones  &  Lee,  agent  appointed  to  adjust  account  between, 

and  card  factory,  491. 
Dixon,  J.  L.,  delegate  from  Meriwether,  136. 
Dobbins  M.  G.  appointed  treasurer  of  W.  &  A.  Eoad,  33. 
Dorminy,  J.  B.,  delegate  from  Irwin,  135. 
Dorsey,  J.  N.,  delegate  from  Hall,  135. 
Douglass,  Frederick,  delegate  from  Appling,  133. 


608  Index. 

Douglass,  S.  T.,  appointed  commissioner  of  deeds,  78. 

Dowda,  J.  O.,  delegate  from  Cherokee,  134. 

Doyal,  L.  T.,  delegate  from  Spalding,  137. 

Driver,  Giles,  delegate  from  Pike,  136. 

DuBose,  C.  W.,  delegate  from  Hancock,  qualified,  141. 

Dugas,  Dr.  L.  A.,  mentioned,  523. 

Dunn,  John,  delegate  from  Lincoln,  136. 

Dupree,  I.  E.,  delegate  from  Twiggs,  137. 


E 


Eaton,  James,  elected  Justice  of  Peace,  27. 
Edwards,  W.  H.,  Jr.,  delegate  from  Tattnall,  137. 
Elections,  certain,  ordinance  to  provide  for,  146. 
Ellington,  C.  A.,  delegate  from  Gilmer,  135. 
Ellington,  J.  C,  delegate  from  Clayton,  134. 
England,  John,  delegate  from  Union,  137. 
Everett,  E.,  new  commission  to  be  issued  to,  75. 


F. 


Fair,  Peter,  commissioned  Justice  of  Peace,  31; 

member  committee  to  witness  burning  treasury  notes,  etc.,  533. 
Felton,  L.  M.,  delegate  from  Macon,  136. 
Fitten,  J.  H.,  commissioner  to  report  upon  propriety  of  removing 

penitentiary,  531. 
Fleming,  Porter,  member  committee  on  distribution,  525. 
Flinn,  Rev.  W., 

appointed  trustee  of  Ga.  Orphan  Home,  532; 

mentioned,  161; 

to  be  paid  for  services  as  chaplain,  339. 
Florida  and  Georgia, 

message  from  Governor  concerning  boundary  line  between,  585; 

proclamation  establishing  line,  591. 
Floyd,  J.  J.,  delegate  from  Newton,  136. 

Ford,  Dr.  L.  D.,  member  committee  to  examine  artificial  limbs,  523. 
Fort  Pulaski,  prisoners  confined  at,  144;  197. 
Fowler,  Edward,  delegate  from  Catoosa,  134. 
Eraser,  8.  C,  delegate  from  Hall,  135. 
Freedmans'  Bureau, 

correspondence    concerning    appointment    of    civil    officers    as 
agents  of,  45; 

message   from   Prov.   Gov.    Johnson    relative   to  proposition   of 
Gen.   Tillson   concerning,   47;    report   of   committee   on    said 
proposition,  200; 


Index.  609 

report,  resolution  and  ordinance  in  regard  to  freedmen  of  the 
State,  412; 

Tillson,  Gen.,  of  Bureau,  to  address  Convention,  160; 
Freeman,  J,  M.,  delegate  from  Franklin,  135. 
Frobel,  Bushrod  W., 

appointed  keeper  public  grounds,  127; 

to  contract  for  building  bridge  over  Oconee  River,  538. 

G 

Gans  &  Co.,  mentioned,  86;  96. 

Gardner,  James,  appointed  trustee  Ga.  Orphan  Home,  532. 

General  Assembly, 

meeting  of,  interfered  with  by  U.  S.  Congress,  598; 

message  to,  from  Prov.  Gov.  Johnson,  109;  116;  118;  120;  126; 

message  to,  from  Governor  Jenkins,  443;  448;   479;   480;   486; 
495;  511;  541;  585. 
Georgia, 

administration  of  government  interfered  with  by  U.  S.  Congress, 
598; 

bonds  and  coupons,  not  issued  in  aid  of  war,  to  be  funded,  540; 

correspondence  concerning  repudiation  of  war  debt,  50;  73;  74; 

gratitude  of,  to  Ladies'  Southern  Relief  Fair,  526; 
Hammond,  N.  J.,  appointed  to  arbitrate  between  State  and  Seago, 

Palmer  &  Co.,  594. 
Georgia  and  Florida, 

message  from  Governor  concerning  boundary  line  between  585; 

proclamation   establishing  permanent  lino,  591. 
Georgia  State  Orphan  Home,  trustees  appointed  for,  532, 
Gholston,  J.  S., 

member  committee  on  distribution,  525. 
Gibson,  A.  W.,  delegate  from  Crawford,  134. 
Giles,  J.  M.,  delegate  from  Houston,  135. 
Gilliland,  W,  H.,  mentioned,  70. 
Gillis,  M.,  delegate  from  Stewart,  137. 
Gilmartin,  Captain,  mentioned,  55;  56. 

Glenn,  J.  W.,  military  superintendent  W.  &  A.  Road,  584. 
Glover,  H.  S.,  delegate  from  Jasper,  135. 
Goode,  C.  T.,  delegate  from  Houston,  135. 
Goode,  Silome,  delegate  from  Pickens,  136. 
Goodman,  R.  M.,  appointed  director  "W.  &  A.  Road,  32. 
Gordon,  J.  L.,  delegate  from  Banks,  133. 
Graham,  E.  D.,  delegate  from  Dade,  134. 
Grant,  Wm.,  delegate  from  Habersham,  135. 
Graybill,  M.,  commissioned  sheriff,  32. 


610  Index. 

Griffin,  ,  resigns  as  sheriff,  32. 

Griffith,  Stephen,  elected  Justice  of  Peace,  27. 
Gunnels,  Nathan,  delegate  from  Franklin,  135. 


Hail,  John,  delegate  from  Henry,  135. 

Hall,  E.  T.,  disqualified  from  administering  amnesty  oath,  23. 

Hammond,  N.  J., 

appointed  to  arbitrate  between  State  and  Seago,  Palmer  &  Co.,, 
594; 

delegate'from  Fulton,  135. 
Hand,  I.  H.,  delegate  from  Baker,  133. 
Hansen,  A.  J.,  delegate  from  Cobb,  134, 
Hardee,  Lieut.  General,  mentioned,  55. 

Hardeman,  Thomas,  Jr.,  member  committee  on  distribution,  525. 
Harlan,  J.  M.,  delegate  from  Gordon,  135. 
Harper,  Uil,  fine  remitted,  52. 
Harris,  B.  T.,  delegate  from  Hancock,  135. 
Harris,  Hon.  I.  L.,  to  administer  amnesty  oath,  138. 
Harris,  Singleton,  delegate  from  Taliaferro,  qualified,  141. 
Harris,  W.  A.,  delegate  from  "Worth,  137. 
Harris,  Y.  L.  G.,  delegate  from  Clark,  134. 
Harriss,  George,  State  agent,  mentioned,  63;  65. 
Harvey,  E.  D.,  delegate  from  Floyd,  135. 
Haslewood,  L.  H.  mentioned,  466. 
Hays,  Henry,  delegate  from  Calhoun,  134. 
Henry,  William,  delegate  from  Catoosa,  134, 
Herring,  H.  W.,  delegate  from  Decatur,  134. 
Highsmith,  James,  delegate  from  Wayne,  137. 
Hill,  Hon.  B.  H.,  tendered  seat  on  floor  of  Convention,  160. 
Hill,  John  S.,  delegate  from  Troup,  137. 
Hill,  Joshua,  delegate  from  Morgan,  136. 
Holmes,  W.  T.,  delegate  from  Talbot,  137. 
Holt,  Hines,  *■ 

delegate  from  Muscogee,  136; 

death  of,  302; 

election  to  fill  vacancy  of,  98. 
Holt,  T.  G.,  delegate  from  Bibb,  133. 
Hood,  E.  C,  delegate  from  Harris,  135. 
Hook,  J.  S.,  delegate  from  Washington,  137. 
Hopkins,  C.  H.,  delegate  from  Pierce,  136. 
Hopps,  D.  G.,  delegate  from  Appling,  133. 
Home,  H.  F.,  delegate  from  Liberty,  135. 

House  of  Eepresentatives,  m.essages  from  Governor  Jenkins  to,  492; 
494;  584. 


Index.  611 


Howard,  J.  D.,  delegate  from.  Towns,  137. 
Howard,  Nathan,  delgate  from  Bartow,  133. 
Hoyne,  P.  A.,  appointed  commissioner  of  deeds,  22. 
Hudson,  C.  B.,  delegate  from  Schley,  136. 
Hudson,  J.  T.,  delegate  from  Wilkinson,  137. 
Hudson,  William,  delegate  from  Brooks,  133. 
Huie,  A.  L.,  delegate  from  Clayton,  134. 
Huie,  John,  delegate  from  Fayette,  135. 
Hull,  Henry,  Jr.,  mentioned,  532. 
Humber,  E.  C.  delegate  from  Putnam,  136. 


Irwin,  David,  delegate  from  Cobb,  134. 


Jackson,  J.  F.  B.,  delegate  from  Whitfield,  137. 
Jenkins,  Charles  J., 

agreement  with  Dr.  Bly,  535; 

appeals  to  Georgia  capitalists  for  loans,  513; 

appoints  committee  on  distribution,  525. 

appoints   committee   to    execute   3d   Sec.    of   act   for   relief   of 

maimed   indigent    soldiers,    etc.,   523; 
appoints   T.   W.    Chichester   agent   to   negotiate   loans   for    the 

State,  527;  530; 
appoints  R.  F.  Maddox  agent  to  purchase  corn,  529; 
appoints  commissioners   to   report  upon  propriety  of  removing 

penitentiary  531; 
appoints  committee  to  witness  burning  treasury  notes,  etc.,  533; 
appoints  N.  J.  Hammond  arbitrator,  594; 
borrows  money  on  credit  of  the  State,  498;  512;  515;  516;  517; 

527;  530. 
correspondence  with, 

Johnson,   Provisional  Governor,   128; 

Seward,  Hon.  W.  H.,  446-447. 
delegate  from  Richmond,  136. 
inaugurated  as  Governor,  443; 
mentioned,  34  ; 
message  from  to  General  Assembly,  443;   448;   479;   480;   486; 

495;   511;   541;  585; 
message  from,  to  House  of  Representatives,  492;  494;  584; 
message  from,  to  Senate,  483;  499;  590; 
nominated  for  permanent  President  of  Convention,  138; 
notified  that  Jas.  Johnson  is  relieved  of  his  trust  as  Provisional 

Governor,  445; 


612  Index. 

orders  tax  of  one  sixth  of  1  per  cent,  to  be  assessed,  533; 

orders  maimed  soldiers  be  allowed  to  travel  free  over  W.  &  A., 
538; 

orders  superintendent  of  W.  &  A.  to  advance  money  to  certain 
institutions,  599. 

papers  and  property  of  State  to  be  transferred  to,  445;  446; 

proclamations  issued  by,  see  proclamations. 

refuses  to  work  convicts  on  public  roads,  592. 

removed  from  office,  600. 

resigns  as  Judge  Supreme  Court,  129. 
Johnson,  President  Andrew, 

address  to,  reported  by  committee  of  sixteen,  325;  411; 

address  to,  in  behalf  of  citizens  not  yet  pardoned,  348;  422; 

committee   to   memorialize,    in   behalf   of   Jefferson    Davis   and 
others,  144;  162;  430; 

committee  reports,  197. 

correspondence  with  James  Johnson,  50;  74;  97;  118;  126; 

issues  proclamation   appointing  J.   Johnson   Provisional   Gover- 
nor, 8; 

mentioned,  3;  4;  5; 

reconstruction  of,  8; 

resolution  invoking  clemency  of,  in  behalf  of  Josiah  Tattnall, 
270;   resolution  relative  to   general   amnesty   and  compensa- 
tion for  slaves  freed  by  U.  S.,  288. 
Johnson,  B.  D.,  delegate  from  Heard,  135. 
Johnson,  Darling,  delegate  from  Wilcox,  137. 
Johnson,  D.  A.,  appointed  auditor  of  W.  &  A.  Road,  35. 
Johnson,  D.  H.,  delegate  from  Spalding,  137. 
Johnson,  H.  V., 

address  of,  to  Convention,  356; 

delegate  from  Jefferson,  135; 

elected  President  of  Convention,  138; 

thanks  of  Convention  to,  351. 
Johnson,  Provisional  Governor  James, 

action  of,  relative  to  cotton  owned  by  State,  approved,  243; 

advises  Convention  ho  has  nothing  further  to  communicate,  353; 

appointed  Provisional  Governor,  8; 

appoints  directors  of  W.  &  A.  Eoad,  32;  35; 

appoints  superintendent  of  W.  &  A.,  33; 

appoints  auditor  of  W.  &  A.,  35; 

appoints  J.  P.  King  agent  to  negotiate  loans,  77; 

appoints  B.  W.  Frobel  keeper  of  public  grounds,  127; 

approves  certain  resolutions,  129; 

assumes  duties  of  office,  13; 

authorized  to  borrow  money  on  credit  of  State,  141; 

authorized  to  borrow  money  for  use  of  W.  &  A.  Boad,  324; 


Index.  613 

borrows  money  for  use  of  the  State,  104;  105; 
calls  Convention  to  order,  137; 

Comptroller  General  and  Treasurer  to  report  to,  76; 
Convention  meets  in  accordance  with  proclamation  of,  133; 
correspondence   with, 

Brigham,  H.,  60;  ' 

Brown,  Joseph  K,  54;  62; 
Jenkins,  Charles  J.,  128; 

Johnson,  Prest.  Andrew,  50;  74;  97;  118;  126; 
King,  Hon.  J.  P.,  117; 
McCullough,  Hon.  Hugh,  25;  57;  99; 
Postmaster  General,  20; 
Ramsey,  R.  H.,  29; 
Saffold,  T.  P.,  120; 
Seward,  Hon.  \Vm.  H.,  8;  50;  74    445. 
Starnes,  E.,  116; 
Thomas,  Maj.  Gen.  G.  H.,  29;  31; 
Thweatt,  P.,  85; 
Tillson,  Davis,  46; 
declares  members  elected  to  U.  S.  Congress,  107; 
delegates  to  Convention,  isnes  proclamation  for  election  of,  14 
mentioned,  3;  138; 

message  from,  to  the  Convention,  38;  47;  48;  49;  53;  73;  78;  97 
238;  239; 

message  from,  to  General  Assembly,  109;  116;  118;  120;  126 
notified  that  Convention  is  organized,  139; 
orders  writs  of  election  to  fill  vacancies  in  Convention,  98;  99 

108; 
orders  election  to  fill  vacancy  in  the  House,  106; 
orders  $200  paid  to  H.  Brigham,  105; 
Owen,  Jesse,  sentence  of  remitted  by,  119; 
proclamations  issued  by,  see  proclamations, 
relieved  as  Provisional  Governor,  445-447; 
thanks  of  Convention  to,  326. 
Johnson,  J.  A.  W.,  member  committee  on  distribution,  525. 
Johnson,  J.  C,  delegate  from  Clark,  134. 
Johnson,  J.  P.,  member  committee  on  distribution,  525. 
Johnson,  8.  C,  appointed  journalizing  clerk,  192. 
Johnson,  S.  G.,  delegate  from  Campbell,  134. 
Johnson,  W.  B.,  mentioned,  532. 
Johnson   &  Brother,  mentioned,  69. 
Johnston,  Gen.  Joseph  E.,  mentioned,  3;  68. 
Jones,  John,  State  Treasurer, 

authorized  to  transfer  certain  account  with  Central  R.  R.  Bank, 

353; 
mentioned,  56;  86;  96; 


614  Index. 

ordered  to  report  to  the  Governor,  76; 

reports  to  the  Governor,  79; 

removed  from  office,  600. 
Jones,  John,  Jr.,   appointed  commissioner   of  deeds,   103. 
Jones,  J.  H.,  unexpired  term  of  to  be  filled,  74. 
Jones,  J.  S.,  delegate  from  Columbia,  134. 
Jones,  M.  D.,  delegate  from  Burke,  133. 
Jones,  R.  T.,  delegate  from  Burke,  133. 

Jordan,  L.  A.,  money  borrowed  from,  for  use  of  the  State,  104;  105. 
Jordan,  W.  F.,  delegate  from  Jasper,  135. 
Jourdan,  C.  S.,  mentioned,  98. 

Journal  of  Convention,  resolution  relative  to  printing  and  distribu- 
tion of,  322. 
Judicial  Department  of  the  State,  ordinance  relative  to,  184. 


Kelley,  J.  P.,  delegate  from  Towns,  137. 
Kenan,  A.  H.,  delegate  from  Baldwin,  133. 
Kimbrough,  George,  delegate  from  Lee,  135. 
King,  G.  J.,  delegate  from  Eabun,  136. 
King,  J.  P., 

appointed  agent  to  negotiate  loans,  77; 

bonds  transmitted  to,  for  negotiation,  117; 

delegate  from  Richmond,  136. 
King,  J.  M.,  fine  remitted,  52. 

King,  S.  W.,  appointed  commissioner  of  deeds,  18. 
King,  Y.  P.,  delegate  from  Greene,  135. 
Kirkland,  J.  C,  delegate  from  Clinch,  134. 
Kirksey,  E.  F.,  delegate  from  Stewart,  137. 
Knight,  J.  D.,  delegate  from  Berrien,  qualified,  140. 


Ladies'  Southern  Relief  Fair,  of  Baltimore, 

Georgia's  gratitude  to,  526; 

supplies  sent  by,  524. 
Lafils,  A.,  delegate  from  Mcintosh,  136. 
Lafone,  Henry,  mentioned,  64;   69;   70. 
Lamar,  Col.  C.  A.  L.,  mentioned,  64;  66. 
Lamar,  G.  B.,  mentioned,  68;  82. 
Lamar,  J.  S.,  delegate  from  Elbert,  134. 
Lansdown,  Jackson,  elected. Justice  of  Peace,  27. 
Lasseter,  J.  C,  delegate  from  Schley,  136. 
Law,  J.,  delegate  from  Decatur,  134. 
Lawrence,  S.  J.,  delegate  from  Hancock,  135. 


Index.  615 

Lawson,  E.  F.,  delegate  from  Burke,  133. 

Lee,  General,  mentioned,  3. 

Lewis,  F.  K.,  delegate  from  Dooly,  134. 

Lewis,  M.  W.,  delegate  from  Greene,  135. 

Lincoln,  President,  mentioned,  3;  4;  5;  6. 

Lloyd  T.  E.,  delegate  from  Chatham,  134. 

Lochran,  D.   A.,   delegate  from   Terrell,   137. 

Lochrane,  A.  O.,  mentioned,  98. 

Lochrane,  Hon.  O.  A.,  resigns  as  Judge  Superior  Court,  22. 

Logan,  A.  J.,  delegate  from  Dawson,  134. 

Logan,  Francis,  delegate  from  White,  137. 

Logan,  G.  M.,  delegate  from  Bibb,  133. 

Low,  Andrew,  mentioned,  58. 

Low,  Andrew  &  Co.,  mentioned,  70. 

Luffman,  Wm.,  delegate  from  Murray,  136. 


M 


Macon  Telegraph,  mentioned,  20. 

Maddox,  E.  F.,  appointed  agent  to  purchase  corn,  529. 
Mail,  railroads  in  condition  to  convey,  21. 
Mallard,  J.  B.,  delegate  from  Liberty,  135. 
Manning,  W.  R.,  delegate  from  Lowndes,  136. 
Maples,  Israel,  delegate  from  Mitchell,  136. 
Marler,  W.  L.,  delegate  from  Jackson,  135. 
Martin,  A.  C,  delegate  from  Echols,  134. 
Martin,  E.  B.,  delegate  from  Carroll,  134. 
Martin,  Philip,  delegate  from  Habersham,  135. 
Martin,  "William,  elected  Justice  of  Peace,  28. 
Mathews,  Hon.  J.  D., 

elected  member  U.  S.  Congress,  107; 

member  committee  on   distribution,  525. 
Matthews,  J.  D.,  delegate  from  Oglethorpe,  136. 
Matthews,  Joel,  delegate  from  Upson,  137. 
Matthews,  L.  C,  delegate  from  Washington,  137. 
Mattox,  J.  M.,  delegate  from  Charlton,  134. 
May,  Hon.  R.  H.,  mentioned,  101. 

Me. 

McArthur,  W.  T.,  appointed  engrossing  clerk,  192. 
McClaren,  John,  appointed  commissioner  of  deeds,  78. 
McCrary,  L.  Q.  C,  delegate  from  Taylor,  137. 
MeCroan,  R.,  delegate  from  Bulloch,  133. 
McCullogh,  Abraham,  new  commission  issued  to,  75. 
McCuUoeh,  Hon.  Hugh, 


616  Index. 

Correspondence  with, 
Briscoe,  L.  H.,  103. 
Johnson,  Prov.  Governor,  25;  57;  99. 

Eesolution  to  memorialize,  in  relation  to  assessment  of  tax  on 
real  estate,  342;  350. 
McCutchen,  R.  B.,  delegate  from  Pickens,  1.^.6. 
McDaniel,  H,  D.,  delegate  from  Walton,  137. 
McDanieJ,  W.  H.,  commissioned  Justice  of  Peace,  51. 
McDuffie,  G.  W.,  delegate  from  Marion,  136. 
McDufFie,  Norman,  delegate  from  Pulaski,  136. 
McElroj,  John,  resigns  as  member  of  House,  106. 
McGrath,  A.  G., 

committee  appointed  to  memorialize  President  in  behalf  of,  144; 

report  of  committee,  197. 
McDuffie,  Norman,  delegate  from  Pulaski,  136. 
Mclntjre,  A.  T., 

delegate  from  Thomas,  137; 

explains  vote  on  ordinance  to  ignore  public  debt,  345. 
McKaj,  0.  P.,  mentioned,  48. 
McLeod,  Noil,  delegate  from  Emanuel,  134. 
McBae,  Duncan,  delegate  from  Telfair,  137. 
McRae,  John,  delegate  from  Montgomery,  136. 
McWhorter,  Samuel,  ties  with  W.  Shropshire,  37. 

M 

Meade,  Major  General, 

details  Ruger  as  Governor  and  Rockwell  as  Treasurer  of  Geor- 
gia, COO; 
orders   Governor   Jenkins    and   Treasurer   Jones   removed    from 

office,  600. 
Mercor,  H.  W., 

committee  appointed  to  memorialize  President  in  behalf  of,  144 
report  of  committee,  197. 
Morrell,  W.  W.,  delegate  from  Carroll,  134. 
Messages  from  Governor  Jenkins  to  General  Assembly,  443;  448 

479;  480;  486;  495;  511;  541;  585. 
Messages  from  Governor  Jenkins  to  House  of  Representatives,  492 

494;  584. 
Messages  from  Governor  Jenkins  to  the  Senate,  483;  499;  590. 
Messages  from  Provisional  Governor  Johnson  to  the  Conventi'^n,  38 

47;  48;  49;  53;  73;  78;  97;  238;  239. 
Messages  from  Provisional  Governor  Johnson  to  the  General  Assem 

bly,  109;  116;  118;  120;  126. 
Messenger  of  Convention,  Jesse  Oslin  chosen,  139;  to  appoint  as 

sistant,  152. 


Index.  617 

Metcalf,  T.  S.,  mentioned,  48. 

Micklejohn,  R.  J.,  vacancy  of,  to  be  fiUed,  31. 

Middleton,  J.  R.,  delegate  from  Mcintosh,  136. 

Military  Commander,  etc.,  to  assist  Provisional  GoTemor,  10. 

Militia,  or  volunteer  company,  to  be  formed  to  act  as  police  force, 

97;   100. 
Milledgeville, 

Convention  meets  at,  133; 

delegates  to  assemble  in  Convention  at,  15; 
Miller,  H.  V.  M.,  tendered  seat  on  floor  of  Convention,  160. 
Mitchell,  A.  P.,  fine  of,  remitted,  52. 
Mitchell,  Marion,  fine  of,  remitted,  52. 
Mitchell,  Warren,  mentioned,  58. 
Moore,  C.  R.,  delegate  from  Webster  137. 
Moore,  D.  P.,  delegate  from  Dawson,  134. 
Moore,  R.  H.,  delegate  from  Floyd,  135. 
Morel,  J.  G.,  delegate  from  Effingham,  134. 
Moreland,  Dr.  J,  F.,  appointed  to  examine  into  condition  of  finances 

of  State,  243. 
Morgan,  Henry,  delegate  from  Dougherty,  134. 
Morris,  J.  A.,  delegate  from  Montgomery,  136. 
Morris,  Thomas,  member  committee  on  distribution,  525. 
Morse,  H.  A.,  appointed  commissioner  of  deeds,  78. 
Mott,  R.  L.,  appointed  director,  W.  &  A.  Road,  35. 
Murphy,  Wm.,  elected  Justice  of  Peace,  28. 
Murphy,  W.  R.,  delegate  from  Monroe,  136. 

N. 

Nash,  Gabriel,  delegate  from  Madison,  136. 
Neal,  John,  delegate  from  Glascock,  135. 
Neal,  J.  D.,  elected  Justice  of  Peace,  28. 
Newby,  J.  M.,  mentioned,  48. 
Newsom,  Wm.,  delegate  from  Lee,  135. 
Nichols,  J.  C,  delegate  from  Clinch,  134. 
Nones,  J.  B.,  appointed  commissioner  of  deeds,  36. 
Norman,  G.  G.,  delegate  from  Wilkes,  137. 

O. 

Oconee  River,  bridge  to  be  built  across,  538. 
Ordinances: 

To  authorize  the  Provisional  Governor  to  borrow  money,  141; 

To  repeal  certain  ordinances  and  resolutions,  etc.,  145; 

To  establish  congressional  districts  and  provide  for  certain  eleo 
tions,  146; 


618  Index. 

To  ratify  certain  laws  passed  and  judgments  rendered  since  the- 

passage  of  the  ordinance  of  secession,  163; 
For  the  exempti9n  of  certain  property  from  levy  and  sale,  165; 
To  prevent  the  levy  or  sale  of  the  property  of  debtors,  167;  224. 
To  declare  void  certain  liabilities  created  by  the  State  since  the- 

1st  day  of  January,  1861,  167; 
Eelative  to  the  judicial  department  of  the  State,  184; 
To  provide   for  the  payment  of  Ordinaries  and  Clerks  of   the 

Superior  Courts,  for  certain  services  rendered,  192. 
To   declare  null   and  void   all  laws  by  which   money  has   been- 

raised  to  carry  on  the  late  war,  202. 
To  declare  valid  certain  sales  and  investments,  212. 
To  realize  and  make  valid  the  civil  and  criminal  laws  in  the 

Code  of  Georgia,  223. 
To  provide  for  the  payment  of  officers  and  members  of  the  Con- 
vention, 225;    331. 
To  provide  for  the  sale  of  the  Western  &  Atlantic  Railroad,  245.. 
To  repudiate  the  war  debt  of  Georgia,  283;  305. 
To  make  it  the  duty  of  the  General  Assembly  to  provide  for 

indigent  widows  and  orphans  of  this  State,  284. 
To  legalize  contracts  of  giiardians,  administrators,  executors  and 

trustees,  made  with  freedmen,  286. 
To  ratify  certain  acts,  judgments,  and  other  proceedings,  290. 
To  authorize  courts  to  adjust  equities  between  parties  to  con- 
tracts, etc.,  291. 
To  make  valid  private  contracts,  292;  318. 
To  extend  the  time  of  holding  next  election,  320. 
To  authorize  the  Provisional  Governor  to  borrow  money  for  the 

W.  &  A.  R.  E.,  324. 
For  the  relief  of  the  banks  of  the  State,  and  the  officers  of  said 

banks,  327. 
as  passed  by  the  Convention  and  signed  by  the  President,  391- 

406. 
Ordinaries  of  several  counties  to  administer  amnesty  oath,  19. 
Orme  &  Son,  appointed  printers  for  Convention,  144. 
Orr,  G.  J., 

appointed  to  mark  boundary  line  betwen  Georgia  and  Florida, 

586. 
said  line  declared  pei'manent  boundary,  591. 
Oslin,  Jesse, 

declared  Messenger  of  Convention,  139; 
to  appoint  assistant,  152. 
Owen,  Jesse,  sentence  of,  remitted,  119. 

P. 

Pace,  W.  H.  C,  to  administer  amnesty  oath,  28. 


Index.  €19 

Pafford,  E.,  delegate  from  Coffee,  134. 
Park,  T.  Y.,  delegate  from  Walker,  137. 
Parker,  A.  W.,  appointed  commissioner  of  deeds  36. 
Parker,  B.  P.,  delegate  from  Murray,  136. 
Parker,  Jeremiah,  delegate  from  Johnson,  135. 
Parrot,  J.  R.,  appointed  director  W.  &  A.  Road,  32. 
Parrott,  J.  E.,  delegate  from  Bartow,  133. 
Paulk,  Thomas,  delegate  from  Berrien,  133. 
Pendleton,  P.  C,  delegate  from  Lowndes  136. 
Penland,  J.  H.,  delegate  from  Union,  137. 
Perry,  J.  W.,  delegate  from  Early,  134. 
Peters,  Richard, 

appointed  director  W.  &  A.  Road,  32; 

mentioned,  532. 
Phaw,  Edward,  to  administer  amnesty  oath,  28. 
Phaw,  Moses  S., 

elected  Justice  of  Peace,  27; 
Phillips,  Dr.,  G.  D.,  mentioned,  54. 
Phillips,  Wm.,  appointed  commissioner  of  deeds,  36. 
Pitts,  L.  disqualified  from  administering  amnesty  oath,  24. 
Plant,  J.  C,  mentioned,  517. 
Pope,  Maj.  Gen.  John,  mentioned,  6. 
Poole,  C.  A.,  commissioned  Justice,  of  Peace,  51. 
Postmaster  General, 

correspondence  with  Prov.  Governor  Johnson,  20; 

to  establish  post  offices,  etc.,  11. 
Potter,  Rev.  W.  H., 

appointed  trustee  Ga.  Orphan  Home,  532. 
Powell,  J.  M.,  delegate  from  Fannin,  135. 
Prefatory  Chapter,  3. 
Proclamation, 

appointing  James  Johnson  Provisional  Governor,  8; 

authorizing  ordinaries  to  administer  amnesty  oath,  19; 

authorizing  people  to  organize   volunteer  companies   to   act   as 
police  force,  100; 

concerning  restoration  of  interior  self  government,  519; 

declaring  delegates  elected  to  U.  S.  Congress,  107; 

establishing    permanent    boundary    line    between    Georgia    and 
Florida,  591; 

ordering  election  delegates  to  Convention,  14; 

suspending  collection  of  taxes  upon  brandy,  etc.,  522. 
Public  documents,  freight  on,  49. 
Puckett,  W.  B.  C,  delegate  from  Cherokee,  qualified,  141. 

Q- 

Quillian,  B.  B.,  delegate  from  Gilmer,  135. 


620  Index. 

E. 

Eailroads  in  condition  to  convey  mail,  21. 
Ramsey,  R.  H., 

letter  from,  to  Governor  Johnson,  29, 
Eawls,  Morgan,  delegate  from  Effingham,  134, 
Reconstruction  Act  passed,  6, 
Reconstruction,  the  Johnson,  8, 
Redding,  A.  W., 

appointed  to  examine  into  finances  of  State,  243; 

delegate  from  Harris,  135, 
Reese,  Wm.,  delegate  from  Wilkes,  137, 
Reid,  Chas.  H,  &  Co.,  mentioned,  64;  70. 
Resolutions: 

requesting  information  of  Governor  relative  to  cotton,  143; 

relative  to  rules,  143; 

to  memorialize  President  of  U.  S.  for  the  release  of  Jefferson 
Davis,  A.  H.  Stephens,  and  others,  144; 

ordering  500  copies  Comptroller  General's  report,  144; 

relative  to  selection  of  seats,  145;  152; 

relative  to  yeas  and  nays,  160; 

tendering  Ex-Gov.  Brown,  and  others  seats  on  the  floor,  160, 

relative  to  employment  of  additional  clerks,  160. 

tendering  Gen,  Tillson  use  of  Hall  and  inviting  him  to  address 

.tee   on   enrollment   and   auditing   committee, 

imissioners  to  report  to  next  legislature  what 
ia,wH  will  De  necessary,  163, 

relative  to  signing  ordinances  and  resolutions  by  the  President 
and  Secretary,  183; 

of  inquiry  relative  to  repudiation  of  war  debt,  191; 

relative  to  advance  of  per  diem  and  mileage  to  delegates,  191; 
193; 

to  appoint  and  qualify  assistant  secretary,  engrossing  and  en- 
rolling clerks,   192; 

on  death  of  B.  H.  Rice,  195; 

requesting  Governor  to  communicate  facts  of  public  interest, 
197; 

accepting  proposition  of  Gen,  Tillson  to  employ  civil  officers  to 
assist  Freedmens'  Bureau,  200; 

to  re-commit  the  2d  article  of  Constitution,  202; 

to  instruct  committee  of  16  to  limit  Governor,  members  legis- 
lature, members  of  congress  to  one  term,  210; 

relative  to  transmission  to  the  President  of  U,  S.  of  memorial 
in  behalf  of  Jefferson  Davis,  A.  H.  Stephens  and  others,  211  j 


Index.  621 

to  appoint  committee  on  journals,  211; 

relative  to  mint  at  Dahlonega,  212; 

to  have  300  blanks  printed  for  auditing  committee,  212; 

to  amend  5th  rule  of  Convention,  212; 

to  instruct  committee  of  16  relative  to  employees  of  W.  &  A.  E. 

R.,  213; 
inviting  Hon.  W.  M.  Burwell  to  seat  on  the  floor,  213; 
to    appoint    committee    to    call    on    Prov.    Governor    for    copies 

of  telegrams,  222; 
relative  to  number  and  compensation   of  civil   officers   of  this 

State,  222;  223; 
relative  to  organizing  militia  companies,  223;  259; 
to  appoint  committee  of  3  to  ascertain  what  part  of  State  debt 

was  contracted  for  other  than  war  purposes,  231 ; 
recommending  the  legislature   to  pass  bill  for  relief  of  people 

from  taxes,  232; 
to    instruct    committee    of    16    to    consider    the    expediency   of 

selling  W.  &  A.  R.  R.  to  pay  public  debt,  241; 
approving  action  of  Governors  Brown  and  Johnson  relative  to 

ootton  owned  by  State,  243; 
relative  to  per  diem  of  members,  243; 

to  appoint  commission  to  examine  into  finances  of  State,  243; 
from  committee  of  7  relative  to  cotton  and  tobacco  purchased 

by  State,  260; 
to  give  said  committee  power  to  send  for  persons  and  papers,. 

261; 
to  add  name  of  A.  S.  Cutts  to  committee  of  sixteen,  262; 
invoking  clemency  of  President  of  U.  S.   in  behalf  of  Josiab 

Tattnall,  270; 
relative  to  new  matter,  286; 
to  abolish  penitentiary,  substitution  for,  287; 
relative  to  general  amnesty  by  the  President  and  compensation 
to  certain  parties  for  slaves,  288; 
to  print  1,000  copies  of  Constitution,  289; 
relative  to  death  of  Hon.  Hines  Holt,  302; 
to  appoint  commission  to  frame  code  of  laws  relating  to  freed- 

men,  320; 
to  transmit  copies  of  ordinances  to  President  of  U.  S.,  322; 
relative  to  printing  and  distribution  of  Journal  of  Convention, 

322; 
appointing  committee  to  bring  up  unfinished  business  of  Con- 
vention, 322; 
requesting  legislature  to  compensate  ordinaries  and  clerks  for 

administering  amnesty  oath,  323; 
thanks  to  Provisional  Governor  Johnson,  326; 


(622  Index. 

requesting  Provisional  Governor  to  forward  ordinances,  etc.,  to 

President  of  U.  S.,  326; 
requesting  Provisional  Governor  to  draw  his  warrant  to  pay  for 
printing  ordered  by  Convention,   etc.,  326;   348; 
recommending  the  Governor  to  appoint  committee  of  3   to  in- 
vestigate financial  operations  of  State  since  Jan.  1,  1S61,  to 
present  time,  333; 
requesting  Provisional  Governor  to  reclaim  1,650   bales  cotton, 

belonging  to  State,  from  H.  Brigham,  334; 
requesting  Governor  and  members  of  congress  to  press   claims 

for  cotton,  334; 
relative  to  adjournment,  334;  347; 
to  pay  Eev.  Flinn  for  services  as  chaplain,  339; 
to  compensate  secretary  for  preparing  index,  etc.,  339; 
appointing   committee   of   5    to    invoke    executive    clemency   of 
President  Johnson  in  favor  of  citizens  excepted  from  benefits 
of  amnesty  oath,  340; 
to  appoint  committee  of  5  to  memorialize  Secretary  of  Treasury 

in  relation  to  assessment  of  tax  on  real  estate,  342; 
relative  to  slavery,  343; 

to  appoint  committee  to  wait  on  Governor,  350; 
of  thanks  to  secretary  and  assistants,  351; 
of  thanks  to  committee  of  16;  351; 
of  thanks  to  President  of  Convention,  351; 

to  authorize  Treasurer  of  Georgia  to  transfer  account  with  Cen- 
tral E.  E.  Bank,  353; 
as  passed  by  Convention  and  signed  by  the  President,  406-442; 
Ueynolds,  P., 

appointed  to  examine  into  finances  of  State,  243; 
delegate  from  Newton,  136. 
Eice,  Hon.  B.  H., 

election  ordered  to  fill  vacancy  of,  99; 
resolution  relative  to  death  of,  195. 
Eichards,  Stephen,  elected  Justice  of  Peace,  27. 
Eichardson,  J.  M.,  delegate  from  Whitfield,  137. 
Eidley,  C.  H.,  delegate  from  Jones,  135. 
Hidley,  E.  A.  T., 

delegate  from  Troup,  137; 
member  committee  on  distribution,  525. 
Eiley,  A.  H.,  delegate  from  Taylor,  137. 
Eiley,  H.  W.,  delegate  from  Lumpkin,  136. 
Boberts,  J.  M.,  delegate  from  "Warren,  137. 
Eoberts,  L.,  delegate  from  Echols,  qualified,  140. 
Eoberts,  Wm.,  delegate  from  Dooly,  134. 
Eoberts,  W.  H.,  declared  doorkeeper  of  Convention,  139. 
Sobinson,  B.  H.,  delegate  from  Early,  134. 


Index.  623 


Robinson,   Robert,  delegate  from  Laurens,  135. 

Rockwell,  C.  i\,  detailed  treasurer  of  Georgia,  600. 

Rodgers,  James,  delegate  from  Gordon,  135. 

Rodgers,  R.  L.,  mentioned,  54;  55. 

Rogers,  Wm.,  delegate  from  Milton,  136. 

Rome  Courier,  mentioned,  20. 

Root,  Mr.,  mentioned,  69. 

Rouse,  J.  M.,  dfelegate  from  Worth,  137. 

Ruger,  Gen.  Thomas  H., 

detailed  Governor  of  Georgia,  600. 

mentioned,  6. 
Rumph,  J.  D.,  delegate  from  Wayne,  137. 


Sadler,  Thomas,  appointed  commissioner  of  deeds,  17. 
Safeold,  T.  P., 

delegate  from  Morgan,  136; 

letter  from,  to  Governor  Johnson,  120; 

mentioned,  98. 
Sales,  Hon.  L.  C, 

delegate  from  Randolph,  136; 

resigns  as  member  of  Convention,  108. 
Sanford,  D.  B.,  appointed  enrolling  clerk,  192. 
Savannah,  correspondence  concerning  cotton  in,  53-73. 
Savannah  Republican,  mentioned,  20. 
Scarlett,  D.  C,  delegate  from  Camden,  134. 
Scott,  J.  O.,  delegate  from  Chattooga,  134. 
Scott,  W.  H.,  member  committee  to  witness  burning  treasury  notes, 

etc.,  533. 
Screven,  John,  member  committee  on  distribution,  525. 
Scruggs,  E.  G.,  delegate  from  Glascock,  135. 
Seago,  A.  K.,  member  committee  on  distribution,  525. 
Seago,  Palmer  &  Co.,  mentioned,  594. 
Secession,  ordinance  repealed,  145; 

Secretary  of  Interior,  to  put  in  force  laws  relative  to  interior  de- 
partment, 12. 
Secretary  of   Navy,   to   take   possession  of   property   belonging  to 
navy  department,  11. 

Secretary  of  State  to  put  in  force  U.  S.  laws,  11. 
Secretary  of  Treasury,  to  nominate  assessors  of  taxes,  etc.,  11. 

see  also,  Hon.  H.  McCulloch. 
Seddon,  J.  A., 

committee  appointed  to  memorialize  President  in  behalf  of,  144; 

report  of  committee,  197. 
Senate,  messages  to,  from  Governor  Jenkins,  483;  499;   500. 


624  Index. 

Sessions,  Hon.  W.  M.,  appointed  Judge  Superior  Court,  33. 
Seward,  J.  L., 

delegate  from  Thomas,  137. 
member  committee  of  distribution,  525. 
Seward,  Hon.  W.  H., 
correspondence  with, 

Jenkins  Gov.  Chas.  J.,  446-447. 
Johnson,  Prov.  Gov.  James,  8;  50;  74;   445. 
notifies  Prov.  Governor  Johnson  that  he  has  been  relieved  aa 
Provisional  Governor,  445. 
Shackelford,  Mordecai,  to  administer  amnesty  oath,  28. 
Shannon,  John,  delegate  from  Monroe,  136. 
Sharmon,  O.  C,  delegate  from  Upson,  137. 
Sharpe,  W.  H.,  delegate  from  Brooks,  133. 
Sherman,  General,   correspondence  concerning  cotton  captured  by, 

54-57; 
Shockley,  C.  H.,  delegate  from  Columbia,  134. 
Shropshire,  W.,  ties  with  S.  McWhorter,  37. 
Simmons,  J.  P.,  delegate  from  Gwinnett,  135. 
Simmons,  T.  J.,  delegate  from  Crawford,  134. 
Singleton,  D.  M.,  delegate  from  Eabun,  136. 
Skelton,  O.  P.,  delegate  from  Milton,  136. 
Slavery,  declarey  extinct,  16. 

Sloat,  L.  W.,  appointed  commissioner  of  deeds,  78. 
Smith,  H.  E.,  delegate  from  Bryan,  133. 
Smith,  I.  E.,  delegate  from  Coweta,  qualified,  141. 
Smith  J.  C,  delegate  from  Charlton,  134. 
Sr.ead,  F.  T.,  appointed  assistant  clerk,  192. 
Snead,  J.  C,  elected  Judge,  101. 
Soldiers,  maimed, 

Ely,  Dr.,  to  supply  artificial  limbs  for,  534; 

other  soldiers  and  officers  to  be  supplied  with  artificial  limbs, 

595; 
regulations  relative  to  education  of,  596; 

surgeons  appointed  to  examine  sample  artificial  limbs  for,  523. 
Solomon,  Hon.  Lewis,  delegate  from  Twiggs,  qualified,  166. 
Sorrels,  J.  B.,  delegate  from  Walton,  137. 
Southern  Recorder,  mentioned,  20. 
Southern  States, 

divided  into  military  districts,  6; 
ordinances  of  secession  passed  by  nullities,  5; 
Southern  Watchman,  mentioned,  20. 
Speer,  Hon.  A.  M.,  mentioned,  52. 
Stapleton,  George,  delegate  from  Jefferson,  135. 
Starnes,  E., 

correspondence  with  Governor  Johnson,  116. 


Index.  625 

state  House  officers  to  report  condition  of  their  offices  to  L.  H. 

Briscoe,  34, 
Steiner,  Dr.  H.  H.,  member  committee  to  examine  artificial  limbs 

for  maimed  soldiers,  523. 
Stephens,  A.  H. 

committee  appointed  to  memorialize  President  in  behalf  of,  144; 

report  of  committee,  197. 
Stephens,  J.  A.,  delegate  from  Taliaferro,  qualified,  141. 
Stewart,  J.  A.,  delegate  from  Newton,  qualified,  141. 
Stewart,  T.  R.,  appointed  Solicitor  General,  127. 
Stovall,  G.  B.,  elected  ordinary  Morgan  County,  25. 
Strickland,  S.  L.,  delegate  from  Paulding,  136. 
Sweatland,  S.  H.,  appointed  commissioner  of  deeds,  78. 

T- 

Taliaferro,  D.,  delegate  from  Whitfield,  137. 
Tattnall,  Josiah, 

resolution  invoking  clemency  of  President  of  U.  S.  in  behalf  of, 

270; 
resolution  and  memorial  respecting  pardon  of,  to  be  transmitted 
to  the  President,  341. 
Taylor,  1.  H.,  appointed  auditor  W.  &  A.  R-oad,  518. 
Taxes,  resolution   recommending  legislature  to  pass  bill  for  relief 
of  people  from,  232; 
proclamation  suspending  tax  on  brandy,  etc.,  522; 
resolution   to    appoint   committee   to   memorialize    Secretary   of 
Treasury  in  relation  to  assessment  of  tax  on  real  estate,  342; 
tax  on  1-6  of  1  per  cent,  to  be  assessed,  533. 
Thomas,  Major  General  G.  H., 

correspondence  with  Gov.  James  Johnson,  29-31; 
mentioned,  32;  121; 

objects  to  appointment  of  R.  Batey  as  director  of  W.  &  A.,  34» 
Thomas,  W.  W.,  delegate  from  Coweta,  134; 
Thompson,  Fletcher,  delegate  from  Haralson,  135, 
Thompson,  G.  M.,  delegate  from  Gordon,  135. 
Thompson,  W.  S.,  delegate  from  Jackson,  135. 
Thweatt,  Peterson,  Comptroller  General, 

to  report  to  the  Governor,  76;  report  of,  85. 
Tillson,  Brig.  Gen.  Davis, 

correspondence  with  Provisional  Governor  Johnson,  45;  46; 
invited  to  address  Convention,  160. 

message  from  Prov.  Gov.  Johnson  relative  to  proposition  of,  47; 
report  of  committee  on  communication  from,  200; 
resolution  accepting  proposition  of,  412; 
Tison,  Noah,  delegate  from  Johnson,  135. 


626  Index. 

Tobacco  and  cotton,  treasurer  reports  concerning  purchase  of,  79. 

ToombtJ,  General,  mentioned,  55. 

Treasurer  of  State  to  report  to  the  Governor,  76;  report  of,  79. 

see  also,  John  Jones. 
Trice,  Z.  B.,  delegate  from  Talbot,  137. 

Trippe,  Hon.  E.  P.,  tendered  seat  on  floor  of  Convention,  160. 
Tucker,  Eev.  H.  H.,  appointed  trustee  Ga.  Orphan  Home,  532. 
Tucker,  Nathan,  delegate  from  Laurens,  135. 
Turk,  Wm.,  delegate  from  Banks,  133. 
Turner,  J.  T.,  delegate  from  Quitman,  136. 
Turner,  W.  A.,  delegate  from  Campbell,  134. 
Turnipseed,  E.  A.,  delegate  from  Clay,  134. 

U. 

Underwood,  A.  F.,  delegate  from  White,  137. 

V. 
Vason,  D.  A.,  member  committee  on  distribution,  525. 

W. 

Waddell,  J.  D.,  elected  secretary  of  Convention,  138. 
Waitzfelder,  E.  &  S.  L.,  mentioned,  70;  71. 
Waitzf elder,  L.,  mentioned,  86;  87;  88;  96. 
Walker,  A.  C,  delegate  from  Eichmond,  136. 
Walker,  Frank,  authorized  to  administer  oaths,  23. 
Walker,  Governor,  of  Florida,  mentioned,  585. 
Wallace,  Major  Campbell, 

appointed  superintendent  of  W.  &  A.  Eoad,  514; 

to  recover  tax  illegally  collected  from  W.  &  A.,  539. 
Ware,  G.  M.  T.,  delegate  from  Pierce,  136. 
Warner,  O.,  delegate  from  Meriwether,  136. 
Warren,  B.  H.,  mentioned,  498. 
Warren,  Eli,  delegate  from  Houston,  135. 
Warren,  J.  L.,  delegate  from  Pulaski,  136. 
Watkins,  D.  E.,  delegate  from  Colquitt,  134. 
Watson,  L.  D.,  delegate  from  Butts,  133. 
Watts,  W.  M.  K.,  delegate  from  Heard,  135. 
Weaver,  J.  H.,  delegate  from  Paulding,  136. 
Wells,  J.  C,  appointed  ordinary  of  Clay  County,  74. 
Westcott,  J.  W.,  appointed  commissioner  of  deeds,  36. 
Western  &  Atlantic  Eoad, 

correspondence   concerning,   29-31; 

mentioned,   39;    111;   452;  480;   528;   563;    684; 


Index.  ^27 

officers  appointed,  32;  33;  35;  514;  518; 

ordinance  to  provide  for  sale  of,  245; 

ordinance   authorizing  Provisional  Governor  to   borrow   money, 
for,  324; 

report  of  superintendent  of,  121; 

resolution  to  instruct  committee  relative  to  employees  of,  213; 

resolution  to  instruct  committee  to  consider  selling  road  to  pay 
public  debt,  241; 

soldiers,  maimed,  allowed  to  travel  over  free,  538; 

superintendent  of,  ordered  to  advance  money  to  certain  institu- 
tions, 599; 

tax  collected  from,  illegal,  539. 
Whelchel,  Davis,  delegate  from  Hall,  135. 
Whitaker,  J.  I.,  delegate  from  Fulton,  135. 
Whitfield,  \Vm.,  elected  Justice  of  Peace,  28. 
Whitman,  W.  L.,  appointed  director  W.  A.  Road,  32. 

Whitner,  W.,  .  n  ■r^^     -a 

appointed  to  mark  boundary  line  between  Georgia  and  Florida, 

586; 
said  line  declared  permanent  boundary,  591. 
Wikle,  J.  B.,  delegate  from  Bartow,  133. 
Wilbur,  Col.  A.,  State  Agent,  mentioned,  55;   56;  58;   60;  61;  66; 

71;  86;  87;  96. 
Williams,  B.  F.,  delegate  from  Ware,  137. 
Williams,  F.  S.  delegate  from  Bryan,  133. 
Williams,  H.  D.,  delegate  from  Harris,  135. 
Williams,  H.  J.  G.,  mentioned,  49. 
Williams,  J.  H.  H.,  delegate  from  Haralson,  135. 
Williams,  Lieut.  Colonel,  mentioned,  65. 
Williams,  R.  F.,  mentioned,  49. 

•Williams,  Rev.  W.  C,  appointed  trustee  Ga.  Orphan  Home,  532. 
Willingham,  W.,  delegate  from  Oglethorpe,  136. 
Williams,  Wiley,  delegate  from  Muscogee,  qualified,  140. 
Williams,  W.  D.,  delegate  from  Baker,  133. 
Wilson,  General,  mentioned,  67. 
Wilson,  N.  R.,  appointed  commissioner  of  deeds,  36. 
V;imberly,  J.  L.,  delegate  from  Stewart,  137. 
Wing  &  Anderson,  mentioned,  65. 

Wingfield,  Junius,  appointed  trustee  Ga.  Orphan  Home,  53.. 
Winn,  R.  D.,  delegate  from  Gwinnett,  135. 
Wofford,  Hon.  W.  T., 

elected  member  U.  S.  Congress,  107; 
member  committee  on  distribution,  525; 
Womack,  A.  J.,  delegate  from  Clay,  134. 
Wooley,  J.,  fine  remitted,  52. 
Wooten,  C.  B.,  resigns  as  Solicitor  General,  127. 


628  Index. 

Wooten,  C.  W.,  delegate  from  Terrell,  137. 

Wooten,  H.  P.,  delegate  from  DeKalb,  134. 

Wright,  Gen.  A.  E.,  tendered  seat  on  floor  of  Convention,  160. 

"Wright,  G.  J.,  delegate  from  Dougherty,  134. 

Wright,  H.  G.,  delegate  from  Emanuel,  134. 

Wright,  W.  F.,  delegate  from  Coweta,  134. 

Wylie,  S.  D.,  commissioned  Justice  of  Peace,  51. 


Yeas  and  Nays, 

On   motion  to   reconsider  matter  relative  to  time   of  elections, 

148; 
On  ordinance   to  establish  congressional  districts,  and  provide 

for  certain  elections,  155; 
On  Mr.  Hill's  motion  to  strike  out  "two"  and  insert  "four" 

before  the  word  "years,"  etc.,  213; 
On  Mr.  Whitaker's  motion  to  amend  2d  par.  of  1st  sec,  4th  art. 

of  Constitution,  233; 
On  motion  of  Mr.  QuOlian  to  table  report  of  committee  on  2d 

article  of  Constitution,  263; 
On  motion  of  Mr.  Stapleton  to  reconsider  amendment  to  Con- 
stitution, 271; 
On    ordinance    as    amended   relating    to    pay    of    members    and 

officers  of  Convention,  298; 
On    motion    of    Mr.    Wright    to    strike    out    in    Mr.    Chappell  's 

ordinance   to   repudiate   war   debt,   313; 
On  ordinance  for  relief  of  banks,  328. 
On  Mr.  Chappell 's  ordinance  repudiating  war  debt,  335. 
Young,  Jacob,  delegate  from  Irwin,  135. 
Yulee,  A.  &  D.  L. 

committee  appointed  to  memorialize  President  in  behalf  of,  144; 
report  of  committee,  197. 


Zachary,  C.  T.,  delegate  from  Hem      135. 

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