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Full text of "The Confederate records of the State of Georgia"

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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 '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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