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REYNOLDS HISTORICAL GENEALOGY COLLECTION
Ge
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02408 0746
Digitized by the Internet Archive in 2009 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/confederaterecor04cand
1
THE Confederate Records
OF THE
STATE OF GEORGIA
COMPILED AND PUBLISHED UNDER AUTHORITY 1
OF
THE LEGISLATURE BY
ALLEN D. CANDLER, A. M., L. L. D.
4
VOLUME IV.
The Johnson Reconstruction. Provisional Governor James Johnson. Journal of the Convention of 1865. -
Governor Charles J. Jenkins.
ATLANTA, GA. CHAS. P. BYRD, State Printer, 1910.
1721559
PREFATORY CHAPTER.
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Upon the 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 convention adopted a Constitution which was approved by the President of the United States and ratified by the qualified voters of the State. Under the provisions of this Constitution an election was held for Governor and members of the Leg- islature. At this election Charles J. Jenkins, one of the
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CONFEDERATE RECORDS
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. They 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 party that they nominated and elected him Vice-Presi- dent of the United States, Republican leaders in Con- gress seemed to distrust him because he was a Southern man and accused him of being in too close sympathy with the Southern people and waged an unrelenting war on him and his policy.
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PREFATORY CHAPTER
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-
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CONFEDERATE RECORDS
lenting warfare on the President and his 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 Reconstruc- 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. Ruger 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. The convention adopted a Constitution and, in accord-
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PREFATORY CHAPTER
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.
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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.
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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
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THE JOHNSON RECONSTRUCTION
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
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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 the 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 previously 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.
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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.
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THE JOHNSON RECONSTRUCTION
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 Treasury 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
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CONFEDERATE RECORDS
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.
(SEAL)
Done at the city of Washington, this seven- teenth day of June, in the year of our Lord 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 affirm), 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."
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(From State Archives.) PROVISIONAL GOVERNMENT OF GEORGIA.
THURSDAY, 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 DEPARTMENT, 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
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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 ontitle 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 whichi elections are directed and authorized by law to be held for members of the legislature.
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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 May 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
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PROVISIONAL GOVERNOR JAMES JOHNSON
the 19th 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
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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 military 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,
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PROVISIONAL GOVERNOR JAMES JOHNSON
so that Georgia 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 :
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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 :
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L. H. BRISCOE, Secretary.
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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.
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PROVISIONAL GOVERNOR JAMES JOHNSON
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 copy 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
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