USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 15
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JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y. Ex. Dept.
679
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 23d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Montgomery county, license No. 84, issued to A. T. McLeod of said county on the 20th of August, 1863, authorizing him to distill 250 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revocation ordered to be served upon the said A. T. McLeod by the sheriff of said county, or his deputy.
JOSEPH E. BROWN. By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 1st, 1864.
It is hereby ordered that John Davison be, and he is hereby, appointed the agent of the State of Georgia in the city of Augusta to fund the State Treasury Notes which are payable in Confederate Treasury Notes for the State, and to attend to such other business connected with the purchase of cotton for the State and the impor-
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CONFEDERATE RECORDS
tation of supplies as may, from time to time, be ordered under his commission.
Given under my hand and Seal of the Executive De- partment the day and year above written.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
April 1st, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Randolph county, . license No. 46, issued to Jolin Roe of said county, on the 16th of May, 1863, authorizing him to distill 200 gallons of alcohol for the use of the people of said county, was this day revoked, and a copy of said revocation ordered to be served upon the said John Roe by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor, H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 2d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Meriwether county,
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
license No. 19, issued to Rufus Johnson of said county on the 23d of March, 1863, authorizing him to distill 1,600 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revoca- tion ordered to be served upon the said Rufus Johnson by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 2d, 1864.
-
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By order of the Governor, and in compliance with the recommendation of the authorities of Johnson county, license No. 113, issued to Ephriam Hightower of said county on the 7th of December, 1863, authorizing him to distill 600 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revocation ordered to be served upon the said Ephriam Hightower by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
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CONFEDERATE RECORDS
.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 4th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of DeKalb county, license No. 67, issued to Jas. W. Brown of said county, on the 12th of June, 1863, authorizing him to distill 1,500 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revoca- tion ordered to be served upon the said Jas. W. Brown by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 6th, 1864.
I hereby appoint and commission A. A. Beall, of the city of Augusta, the agent of the State of Georgia for the purchase and storing of cotton for the State, to be ex- ported to purchase articles for importation necessary for the support and clothing of Georgia troops now in mili- tary service.
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
He will obey all orders in reference to the shipment of cotton which he may receive from time to time, and I certify to the enrolling officers that I consider Mr. Beall necessary for this purpose, and claim his exemption from conscription, under the late Act of Congress.
Given under my hand and seal of the Executive De- partment, the day and year above written.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 9th, 1864.
To the People of Georgia:
As a vast number of letters are being received at this department inquiring what civil and military officers of this State are exempt from Confederate conscription, which makes the labor of answering each burdensome, I adopt this mode of giving a general reply. The Congress of the Confederate States prior to the session of the Gen- eral Assembly last winter, had, by Act, left it to the legis- latures of the respective States to say what State officers should be exempt from conscription, and our Legislature passed the following joint resolution, which was approved 14th of December, 1863:
"Resolved by the General Assembly of the State of Georgia, in response to the law of the Confederate Con- gress inviting the several States to specify what State
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CONFEDERATE RECORDS
officers shall be exempt from conscription, that all civil and military officers of this State shall be so exempt."
The late Act of Congress, known as the Military Act, exempts the members of the State legislatures and such other State officers as the Governors of the respective States may certify to be necessary for the proper admin- istration of the State governments.
In conformity to the resolution of the General Assem- bly, I have certified to the President that I claim as exempt all civil and military officers of this State. This embraces the judges of the Supreme Court of this State, and their clerk and deputy clerk, reporter and deputy reporter; all judges of the Superior Courts, and one clerk and deputy clerk in each county, with one sheriff, one deputy sheriff, and one jailor for each county, with an additional deputy in each county embracing the larger cities, if the sheriff will file his affidavit that the services of such second deputy are actually necessary to enable him to discharge the duties of his office faithfully and promptly; the Justices of the Inferior Court of eachi county, with their clerk and deputy clerk; the Ordinary, his deputy clerk; all Justices of the Peace and all lawful Constables ; all Tax Collectors, Receivers of Tax Returns, County Treasurers, County Surveyors and Coroners; all Mayors of cities and Aldermen or Councilmen who are made by the Act of Incorporation ex officio Justices of the Peace or State officers; all financial agents appointed by the Governor to aid in carrying into execution the laws of this State for the exportation of cotton and the impor- tation of clothing and other supplies for Georgia soldiers in service, and the importation of cotton cards and arti- eles necessary for the State Road; the judge, clerk and
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
1
sheriff of each city court, and all officers and necessary employees of the State Road; one notary public for each county, if appointed, as the statute requires, prior to this date; all State House officers and the secretaries and clerks employed in each department. The staff officers of the Governor, including the Adjutant and Inspector-Gen- eral and his assistants; the Aides-de-Camp; the Quarter- master and Commissary-General and thei. necessary as- sistants; the officers and cadets of the Georgia Military Institute, who. together, are made by law, the Engineer Corps of this State; the Chief of Ordnance, and the super- intendent of employees of the State armory under him; and all commissioned officers of the newly organized mili- tia of this State, including the Surgeons appointed under the Act. The military officers as well as the civil are protected from the date of their election. The militia officers under the old organization are protected by the law till their commissions are suspended, which takes place in each senatorial district so soon as the Governor issues his order to that effect, which is to be done in ten days after the new organization in the district is com- pleted. The officers and gnards of the penitentiary; the officers and employees of the cotton card factory in Milledgeville.
If I have omitted any officer whom the law makes it my duty to protect, the fact will be made public when the omission is discovered.
As some of the enrolling officers in this State, from ignorance of their duty or disregard of the orders of their superiors, assume to command the officers of the State. and to sit in judgment upon the legality of their commis- sions, all of the above mentioned officers are hereby noti-
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CONFEDERATE RECORDS
fied that the enrolling officers have no jurisdiction over them, and they will obey no orders from any Con- federate officer. If they are seized by force and carried from their homes, they will at once notify me of the fact.
Upon the demand of the enrolling officer, it will be the duty of each State officer to exhibit his commission if he has it with him, if not, to get and exhibit it in a reasonable time. In case of deputy sheriff's, deputy clerks, jailors and constables, the law provides that the order of appointment, by the person or court having the power of appointment, shall constitute the commission.
The enrolling officers have no jurisdiction to try the legality of a commission issued from this department, or from the court or person in whom the law vests the power to give commissions. In case any doubt arises as to the legality of a commission held by any person, or the enrolling officer has reason to suspect that it is a forgery, or that the holder is practicing any other impo- sition, such enrolling officer is respectfully invited to for- ward a statement of the facts to me at this place, and I will inform him promptly whether the person claiming to be an officer is such in fact, and will afford him every facility in my power to arrest any person who may have escaped under such false pretext. If the enrolling offi -- cers will adopt this course, there will be no reason for con- fliet or misunderstanding.
In case of deputy sheriffs and deputy clerks of the several counties, the law does not limit the principal sheriff or clerk to a single deputy, but authorizes him to appoint "deputies."
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
As I am satisfied, however, that one deputy is quite sufficient in any county, unless it may be in the office of sheriff in the larger cities, and that some of the counties may not need a deputy at all, I have thought that I carry out in its spirit, if not in its letter, the resolution of the legislature, when I refuse to protect more than one deputy for each clerk and sheriff in each county, except in case of the sheriff's of the counties embracing the larger cities, upon their oaths, that a second deputy is necessary, as above provided.
I regret to learn that able-bodied young men have, in some cases, been elected to inferior, county, district or militia offices, to the exclusion of old men competent to fill the places; but as the Constitution and laws give me no control over the decisions of the people in such cases, and no right to interfere with them in the exercise of the elective franchise, I have no discretion, but am obliged to commission those who are legally elected, and, under the general rule of law, am obliged to extend to them the same protection which is afforded to other commissioned offi- cers. I know of individual cases where I regret this nec- essity, imposed by a general rule of law, and would give the office to older men over whom they have succeeded, and send them to the army, if I could do so in the legal discharge of my duty. But I must yield to the choice of those who have the right to make this selection.
JOSEPH E. BROWN.
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CONFEDERATE RECORDS
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 11th, 1864.
I have this day appointed, and hereby commission, William T. W. Napier, of the county of Baldwin, agent of the State of Georgia to assist in the transportation of cotton from the interior to the coast, under the late Acts of the Legislature for the exportation of cotton and the importation of supplies, and to do such service connected with the Quartermaster's department of the State as he may, from time to time, be ordered to perform.
Given under my hand and the Seal of the Executive Department, the day and year above written.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 13th, 1864.
By order of the Governor, and in compliance with the recommendation of the authoriites of Glascock county, license No. 68, issued to J. C. A. Wilcher and John D. Seals of said county on the 12th of June, 1863, author- izing them to distill 500 gallons of whiskey for the use of the people of said county, was this day revoked, and a
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
copy of said revocation ordered to be served upon the said J. C. A. Wilcher and John D. Seals by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
April 20th, 1864.
To the Enrolling Officer of Chatham County:
You are hereby notified that Edward C. Hough is hereby selected as Notary Public, to be exempt for Chatham county from conscription, under my late proc- lamation. He will not therefore be disturbed.
Given under my hand and the seal of the Executive Department, this 30th of April, 1864.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA, April 20th, 1864.
Since the date of my proclamation specifying the dif- ferent classes of officers of this State exempt from con --
: 690
CONFEDERATE RECORDS
scription, my attention has been called to the fact that I omitted the Attorney and Solicitors-General and the Mas- ters in Chancery, and I now make known that the Attor- ney-General and all Solicitors-General of this State, and all Masters in Chancery, who have been legally appointed under the 4112th Section of the Code, prior to this date, are claimed by me as exempt from enrollment as con- scripts.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
April 23d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Elbert county, license No. 56, issued to Willis Craft of said county on the 30th of May, 1863, authorizing him to distill 600 gal- lons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revocation ordered to be served upon the said Willis Craft by the sheriff of Elbert county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y Ex. Dept.
691
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA, April 23d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Elbert county, license No. 57; issued to Asa S. Bone of said county, on the 30th of May, 1863, authorizing him to distill 100 gallons of alcohol for the use of the people of said county, was this day revoked, and a copy of said revocation ordered to be served upon the said Asa S. Bone by the sheriff of Elbert county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 3d, 1864.
By the order of his Excellency the Governor, and in compliance with the recommendation of the authorities of Cherokee county, license No. 110, issued to W. M. Hurlick on the 20th of November, 1863, authorizing him to distill 700 gallons of whiskey for the use of the peo- ple of said county, was this day revoked, and a copy of
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CONFEDERATE RECORDS
said revocation ordered to be served upon said W. M. Hurlick by the sheriff of Cherokee county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y Ex. Dept.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
May 6th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Chatham coun- ty, license No. 90, issued to Richard J. Nunn of said county, authorizing him to distill (in Jones county) ten thousand gallons of alcohol for the use of the people of Chatham county, was this day revoked, and a copy of said revocation ordered to be served upon the said Rich- ard J. Nunn by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y Ex. Dept.
STATE OF GEORGIA, COUNTY OF BALDWIN.
This instrument executed and entered into this 7th day of May, A. D. 1864, between his Excellency Joseph
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
E. Brown, Governor of Georgia, of the one part, and Albert E. Cox and Benjamin H. Bigham, under name of Bigham & Cox, of the other part, Witnesseth: That the said Bigham and Cox agree and covenant to furnish his Excellency the Governor as much salt as 1,000 bush- els per month for six months of the year 1864, delivered in Augusta or Atlanta, Georgia, to the order of his Excellency or the Commissary-General of the State; and in the event of delivery at Atlanta, the State to pay - freight from Augusta to that place-upon condition that His Excelleney grant to said Bigham & Cox the priv- ilege of using such means of transportation as they may be able to control, at their own cost and charges, for the transportation of all salt they may make on their works in Virginia to Georgia by authority of the State of Geor- gia and as agents of the State; and also that they be protected in the use and occupation of their furnaces at Saltville, Virginia, and of such property as they may possess themselves of lawfully and engage or use for the purpose of successfully working the same: and upon further condition that his Excellency grant to said par- ties of the second part such special facilities and priv- ileges of transportation for corn, cotton varns, meat, peas, cotton goods, sacks and other supplies as may be necessary for the successful progress of their works in Virginia as he or the officers of the State may be enabled from time to time to grant without detriment to the pub- lic service. In all cases, whether upon special facilities and assistance furnished by the State, or under arrange- ments made by Bigham & Cox, authorizing such needful shipments to be made by them by State authority and as State agents.
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CONFEDERATE RECORDS
It is further stipulated, that the casualties of war and delays arising out of the same, shall be allowed to said Bigham & Cox should any question of compliance with the foregoing agreement come up-and that the occu- pancy of said works, or destruction thereof, or of any part thereof, or of intermediate railroads, or any part thereof, by the enemy, shall be deemed and held to exon- erate said Bigham & Cox from the above obligation during such time as such occupancy may continue, and for a reasonable time thereafter. Also that the occu- pancy of the works, or of any of the intermediate rail. roads by authority of the Confederate Government, or by any other authority having power to do so, and exclusion of Bigham & Cox therefrom for the purpose of their busi- ness, shall likewise operate, whilst it continues, to exon- erate them from the foregoing agreement.
This agreement, under the terms herein specified, to continue during the present war, the said Bigham & Cox being bound for every month in the year, except December, January, February and March, except in cases above specified, and unless the enemy should so occupy the country in the vicinity of the salt works or line of transportation as to render it inexpedient or imprudent to continue working; and in consideration of this discre- tion given to Bigham & Cox, it is hereby distinctly stipu- lated that there shall, in no case, be any forfeiture upon the State for failure to perform either of the above con- ditions, save only the exoneration of Bigham & Cox from their obligations herein expressed.
For the salt thus to be furnished to the State, his Excellency will pay to said Bigham & Cox ten dollars per bushel, and provided the actual cost of transporta-
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
tion shall exceed that sum, then his Excellency will pay to said contractors the excess of the costs thereof over that amount. The salt is to be shipped in sacks or bar- rels, and the State to pay the cost of the same. (In dup- licate.)
JOSEPH E. BROWN, Governor of Georgia.
BIGHAM & Cox.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 7th, 1864.
This certifies that Stuart, Buchanan & Co., which said firm consists of W. A. Stuart, B. K. Buchanan, Geo. W. Palmer and Joseph Jaques, are bound by contract to furnish from their wells at Saltville, Virginia, to the State of Georgia, sufficient salt water to make five hun- dred bushels of salt per day; and to the Planters Salt Manufacturing Company of Georgia, which said com- pany is working by sanction of the authority of the State of Georgia for supply at cost, sufficient salt water to keep 140 kettles of 120 gallons capacity at regular work to their full cpacity. That these contracts run through the existing war between the Confederate States of America and the United States of America. And I deem the exemption of the several members of said firm from military service necessary for the faithful execu- tion upon their part of the said contract, and to their
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CONFEDERATE RECORDS
fulfilment of their contracts with Bigham & Cox, citi- zens of Georgia, and of other contracts in which the State is interested at Saltville, Virginia. I further cer- tify that the object of the State in these contracts is to furnish salt to the indigent families of soldiers engaged in the Confederate service against the common enemy, and therefore respectfully recommend the exemption of the members of said firm.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 7th, 1864.
Albert E. Cox and Benjamin H. Bigham, citizens of Georgia, are hereby recognized, designated and appoint- ed as agents of the State of Georgia for the procure- ment of salt, and as such authorized to make salt in Vir- ginia at the salt works in Washington and Smythe coun- ties, and transport the same to Georgia by every means of transportation they may be able to procure.
They are directed to use diligence in the procure- ment of transportation facilities and employment of trains for the transportation of all supplies and of arti- cles to exchange for supplies (including wood,) deemed of advantage to the successful operation of their fur- naces; and also to the end, to the utmost practicable ex- tent, that all the salt made by Bigham & Cox and by the Planters Salt Manufacturing Company of Georgia, of
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
which B. H. Bigham is President and A. E. Cox, General Superintendent, shall be transported to Georgia.
They, and each of them, are hereby authorized to procure and control such transportation as agents of Georgia.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 9th, 1864.
By order of the Governor, license No. 25, issued to P. W. Center on the 22d April, 1863, authorizing him to distill ten thousand gallons of whiskey for the use of the Confederate Government (near Fairburn) was this day revoked, and a copy of said revocation ordered to be served upon the said P. W. Center by the proper officer.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
May 10th, 1864.
To the Enrolling Officers of Fulton county:
A. W. Jones of said county is the financial agent and keeps large deposits for the State of Georgia much of
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CONFEDERATE RECORDS
his time at the agency of the C. R. R. & Banking Co., in Atlanta; as such agent his services are valuable to the State, and I hereby certify that I claim him as a State agent, as exempt from conscription for Confederate ser- vice.
Given under my hand and the seal of the Executive Department, this 10th of May, 1864.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 10th, 1864.
To the Clerk of the Superior Court and the Sheriff of the County of Henry:
Whereas, on his plea of guilty, Charles Walker was, at the late April term of the Superior Court held in and for said county, convicted of a "misdemeanor" in caus- ing grain to be distilled illegally in said county, and was then and there therefor sentenced by Hon. John J. Floyd, the Judge presiding at said court, to pay a fine of five hundred dollars and the costs of the prosecution, being the smallest amount which could be imposed as a fine under the statute; And Whereas, a petition has been presented to me, signed by most of the county officers of said county of Henry, most of the grand jurors who made the presentment, and by many of
STATE PAPERS OF GOVERNOR JOS. E. BROWN 699
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