USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 16
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the most respectable citizens of the county, stating that Mr. Walker committed the crime to the commission of which he plead guilty, under the following cir- cumstances, viz: he had a daughter very low with typhoid fever. His family physician recommended him to procure some good whiskey for her, and that it would greatly assist her in her recovery. Mr. Walker told the physician that he had in his house some of the county whiskey, but the physician replied that that was not good and advised him not to administer it to his daugh- ter. He then took some rye and went to a distiller and bartered or obtained some good whiskey for his rye, for the purposes aforesaid. Mr. Walker states that he did not know that he was committing any crime in obtain- ing the whiskey as he did, and had no intention of doing so. The Solicitor-General who prosecuted the case, in a written statement in which he says he thinks a remission of the fine imposed on Mr. Walker would not be amiss, corroborates the foregoing statement of facts and adds that Mr. Walker is one of the best citizens of Henry county and stands deservedly high with his neighbors- that he was guilty of violating the law without any inten- tion to commit a erime." Under these circumstances, I am asked to remit the said fine of five hundred dollars, and, believing that Mr. Walker did not intend to do an act which he knew would be in violation of a statute of the State, and that the precedent of remitting a fine im- posed for a violation of the statute to prevent illegal dis- tilling, under the above circumstances alone, will work no harm to the county and will not be expected to be fol- lowed in different cases which may arise in future, it is Ordered, That the above fine of five hundred dollars, im- posed as aforesaid upon the said Charles Walker, be, and
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the same is hereby remitted on his payment of all costs in the case.
Given under my hand and the seal of the Executive Department, the day and year first above written.
JOSEPH E. BROWN.
By the Governor, H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 12th, 1864.
It is hereby ordered, that Ira R. Foster be, and he is hereby, appointed to audit the claims of the officers and privates of the 4th Georgia Brigade for the time they were in the service of the State, that they may be paid as provided by Act of the Legislature, assented to 7th of December, 1863.
Given under my hand and the seal of the Executive Department, the day and year first above written.
JOSEPH E. BROWN.
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 12th, 1864.
I hereby constitute, appoint and commission A. P. Dearing, of the county of Clarke, a financial agent for the State of Georgia under the Acts of the Legislature relative to the exportation of cotton and the importa- tion of supplies, and for the purchase of cotton in his section of the State. And I certify that he is claimed by me as exempt from conscription, and direct that no Confederate enrolling officer molest him, and that he obey no orders from any one but the Governor of this State while so employed.
Given under my hand and the seal of the Executive Department, the day and year above written.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 13th, 1864.
I hereby constitute and commission Aaron F. Nun- nally, the bearer, a financial agent for the State of Geor- gia, under the Acts of the Legislature relative to the ex- portation of cotton and the importation of supplies, who will obey orders and contract under special instructions
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from me only, so that he can involve the State in no in- debtedness without the ratification of his Acts by the Governor. And I certify that as a special agent of the State, I claim him as exempt from conscription, and he will not be molested by any Confederate enrolling officer.
Given under my hand and the seal of the Executive Department, the day and year above written.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 17th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Spalding coun- ty, license No. 31, issued on the 25th day of April, 1863, to Wm. B. Cunningham for the distillation of five hun- dred gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revoca- tion was ordered to be served upon the said Wm. B. Cun- ningham 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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STATE PAPERS OF GOVERNOR JOS. E. BROWN
A PROCLAMATION.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 18th, 1864.
I hereby require all commissioned officers of the mili- tia of this State, including district aides-de-camp, to re- port immediately to Maj .- Genl. H. C. Wayne, at Atlanta, to receive further orders, and to aid during the present emergency in driving back the enemy from the soil of this State.
Neglect to obey these orders promptly will be visited by appropriate penalties. All civil officers, except those of the State House, the Penitentiary, the State Road, the Judges of the Superior and Inferior Courts, Ordinaries and Solicitor-General and Clerks and Sheriff's of Courts actually in session, are also requested to report to Genl. Wayne with the least possible delay.
As notice of the existence of the order, cach news- paper in the State is requested to give one insertion.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
May 21st, 1864.
I am informed that some of the civil officers of this State embraced in my proclamation of 18th inst., do not understand that they are ordered to the field, but only
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requested to go. As many of them are protected from conscription by their official positions, they should not hesitate a moment, in a great emergency like the present, to fly to arms to repel the enemy. I have no power to order them as civil officers, but I have as part of the militia, and, to prevent any misunderstanding, I issue this additional proclamation, and I hereby order all civil officers of this State under 50 years of age, except those mentioned in my former proclamation, and Tax Collec- tors and Receivers, to report immediately to Maj .- Gen'l. H. C. Wayne, at Atlanta. While Clerks of Courts and Sheriffs are not ordered, their deputies are. It is pre- sumed that those who do not claim to be civil officers now, will not set up the claim in future to avoid con- scription. Militia officers, who have been elected but not yet commissioned, will report at Atlanta immediately, where they can receive commissions.
No exemptions will be granted to any of the militia or civil officers mentioned. If any disobey the order, they will do it at their peril, and would do well to be satisfied that their excuse will stand the test on trial be- fore a court martial. They should hasten to the front, and none should remain at home submitting excuses by letter to this department. Such letters can not receive replies, and will not excuse from trial by court martial.
It is hoped that the service will not be long, but the response must be prompt or the penalties may be very disagreeable. No officer must remain at home a day after he is advised of the call. Georgia expects every man to do his duty.
JOSEPH E. BROWN.
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
Each daily paper in the State will give this one inser- tion in first issue, as notice to officers.
J. E. B.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
June 6th, 1864.
By order of the Governor, license No. 11, issued to L. J. Parr, on the 25th of March, 1863, for the distilla- tion of 21,000 gallons of whiskey for the use of the Con- federate Government, was this day revoked, and a copy of said revocation ordered to be served upon the said L. J. Parr by the sheriff of Screven county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
June 6th, 1864.
By order of the Governor, license No. 4, issued to J. J. Vaughan on the 14th day of January, 1863, author- izing his to distill 3,300 gallons of whiskey in Fulton county for the use of the Confederate Government, was this day revoked, and a copy of said revocation ordered
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CONFEDERATE RECORDS
to be served upon the said J. J. Vaughan by the sheriff of Fulton county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT, .
MILLEDGEVILLE, GEORGIA,
June 18th, 1864.
To the Sheriff, or his lawful Deputy, of Franklin County:
Whereas, at the April term 1863, of the Superior Court of said county, William Bell was convicted of a "misdemeanor" for illegal distillation of grain, and was then and there therefor sentenced by the court to be im- , prisoned twelve months in the common jail of said county and to pay a fine of two thousand dollars and the costs of prosecution; And Whereas, the said Bell has served out said term of imprisonment, and having failed to pay his said fine and costs, is still held in jail under said sen- tence; And Whereas, three of the Justices of the Infe- rior Court of said county, viz .: James S. Lattner, M. McDaniel and W. G. Oliver, certify to me that said Bell is perfectly insolvent, and ask me to release him from said imprisonment; therefore it is
Ordered, That the said William Bell be immediately, on sight hereof, released from said imprisonment, and
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
that the said fine and costs be, and the same are, hereby remitted.
Given under my hand and the seal of the Executive Department this the 18th day of June, 1864.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
HEADQUARTERS, ATLANTA, GEORGIA,
June 24th, 1864.
-
To the People of Georgia:
.
I am informed by the old men in different parts of the State, that there are occasional instances of militia and civil officers who have failed to report at Atlanta, as directed by orders contained in my proclamation on that subject. The fourteenth Section of the Act of 14th of December, 1863, to reorganize the militia, declares, "That any militiaman ordered into active service, whether by order of the Governor or upon requisition from the President of the Confederate States, who shall fail or refuse, after due notice, to enter said service, or being therein, shall leave the service without permission, shall be liable to be tried and punished as a deserter, and sub- ject to all the pains and penalties imposed upon desert- ers in the Rules and Articles of War for the Govern- ment of the Army of the Confederate States."
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That those who have refused to enter the service when ordered may be compelled to do so immediately or suffer the penalties in said Act contained, I hereby direct all Aides-de-Camp, who are ordered to the discharge of their duties at home, or at home on leave of absence, and all belonging to the division who are now absent on furlough or detail, to see that all such officers, able to do duty, are arrested and sent, without delay, to the headquarters of Maj .- Gen'l. G. W. Smith, commanding the division. For this purpose the Aides-de-Camp are authorized to order any of the non-commissioned officers or reserved militia, to make such arrests and convey such persons to the Division Headquarters.
As the Judges of the Supreme, Superior and Inferior Courts, Ordinaries, Solicitors-General, Sheriffs, Clerks of the Superior and Inferior Courts, Tax Collectors and Receivers, Reporter and Clerk of the Supreme Court and members and officers of the General Assembly, are, by the statute of the State, exempt from militia duty, I earnestly request them to aid in arresting and sending to General Smith all militia officers who have not reported, and all civil officers under fifty years of age who are subject to militia duty and have failed to report. The fact that a civil or militia officer is exempt from Confed- erate conscription, by reason of his having given the bond as overseer of fifteen hands, as provided by Act of Con- gress, or for other cause, does not exempt him from State militia service.
When the officers subject have generally obeyed the call and reported, justice requires that others equally subject shall not be permitted to disregard it with impu- nity. The crisis has not passed. The exigency requires
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
every man at the front able to bear arms who can possibly leave home; and I again invite all such, including the large class of able-bodied men who have Confederate de- tails in the various departments, many of whom it is be- lieved can be spared for a short period without detriment to the service, to rally to the defence of the State till the emergency is passed.
JOSEPH E. BROWN.
All railroads in the State will transport prisoners with guard, not exceeding two persons, on their way to Atlanta, and each daily paper in the State is requested to give this one insertion and charge accordingly.
J. E. B.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA, July 2d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Haralson county, license No. 130, issued to Goodrich Driver and Lewis Price, on the 27th of April, 1864, for the distillation of 300 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 Goodrich Driver and Lewis Price 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,
July 7th, 1864.
By order of the Governor, license No. 16, issued to Herman F. Burghard on the 9th of July, 1863, for the distillation of 1,000 gallons of alcohol for the use of the medical department of the Confederate Government, was this day revoked, and a copy of said revocation ordered to be served upon the said Herman F. Burghard.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
PROCLAMATION.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
July 9th, 1864.
To the Reserved Militia of Georgia: 1
A late correspondence with the President of the Con- federate States satisfies my mind that Georgia is to be left to her own resources to supply the reinforcements to Gen. Johnston's army, which are indispensable to the protection of Atlanta and to prevent the State from being overrun by the overwhelming numbers now under com- mand of the Federal General upon our soil. The officers,
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
civil and military, who constitute, in a great degree, the remaining active militia force left to the State by the different Acts of Conscription, have already been called out and have rendered effective service, while they, as well as the two regiments of the State Line, have distin- guished themselves by cool courage and intrepid valor when attacked by the enemy. But there is need of fur- ther reinforcements, as will be seen by the accompanying letter of Gen'l. Johnston; and while a very large propor- tion of the gallant and chivalrous sons of Georgia are on distant fields defending the soil of other States, it be- comes my duty to call forth every man in the State able to bear arms, as fast as they can be armed, to aid in the defence of our homes, our altars and the graves of our ancestors.
I am fully aware of the importance of the growing crop of the State, and have delayed this call as long as the exigencies will possibly permit, to enable the people to do the labor necessary to secure the crop. In the southern portion of the State, it is believed this will be accomplished by the time this proclamation can be gen- erally published, while ten days or two weeks longer will enable those in the northern half of the State to do most of their labor necessary to make the crop.
I, therefore, by virtue of the authority in me vested by the laws of this State, do hereby order into active mil- itary service all that part of the reserve militia of this State, between the ages of 50 and 55 years, and all be- tween the ages of sixteen and seventeen years who reside south of a line running east and west across the territory. of the State, passing through the city of Macon, to report to General G. W. Smith at Atlanta, with the least possible
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delay; and I further order that all persons between said ages subject to militia duty who reside north of said line, report to Gen. Smith, each leaving his home on the 20th of this month and repairing to Atlanta by the nearest and speediest route.
I also order all free white male persons in this State, between the ages of seventeen and fifty years, who are exempt from Confederate conscription and are not abso- lutely unable to do militia duty, which disability must be shown by the certificate of a surgeon properly appointed under the laws of this State, to report with the militia of their respective counties, as they are subject to State militia duty. And I further require all free white male persons, between said ages, in this State not in actual military service of the Confederacy, except as herein exempted, to report also, as I can not suppose the Presi- dent will claim as exempt from militia duty in this great emergency, the large number of able-bodied young men who have Confederate details to attend to various indus- trial avocations and pursuits in which they have no mili- tary service to perform. It can not surely be the inten- tion of the Confederate Government to place a large num- ber of young men able to do service in the organization to keep them out of the bullet department. Hence I claim their aid in the field till this emergency is passed, and direct, in case of their refusal to report when others embraced in the call respond, that their neighbors who are going to camp arrest them and compel them to go. The time allowed enables those of them who are planters to lay by their crops, or to approximate so near to com- pletion, that serious injury can not grow out of their absence, while little damage will be done by the temporary
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
absence from their places of Confederate tax assessors, collectors, tanners, mechanics, secret service men, etc., etc., as their business must cease entirely if the enemy overruns the State. All who respond to this call are required to arrest and carry with them all deserters with- in their power, at the time they start to camp.
The following persons are not embraced in this call : All commissioned officers of the Confederate States on detached or local service, all State officers and others exempt from militia duty by the Act to reorganize the militia, and the Act amendatory of that Act.
All persons in the employment of the Confederate States in the cities of Savannah, Augusta, Macon, Colum- bus, Griffin, Atlanta and Athens, who belong to regularly organized military companies, who drill frequently and are held for the local defence of the place against raids, etc.
All officers and employees of any railroad company in this State who are regularly and constantly employed in the service of said road at the date of this call. All tele- graphic operators and employees of the express company.
All persons employed in any cotton or woolen factory or paper mill in this State who have details from the State or Confederate Government, on condition that they keep themselves organized as military companies pre- pared to do all in their power to defend the factory in case of attack. The mayor of each of the cities above named, and such policemen and firemen as he will cer- tify to be indispensably necessary to the protection of the city. All practicing physicians, not exceeding three
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in a county, to be selected by the Inferior Court in case there are more, and all such millers as the court will cer- tify are actually necessary at home. Two agents of the relief fund, selected by the court of each county. All postmasters in cities, with their necessary clerks, and one postmaster in each county town, and all mail carriers constantly engaged in that business. All State House officers and their necessary clerks. The officers and guards of the penitentiary, and the officers and employees of the State armory and card factory, who are required to drill twice a week as a military company for the de- fence of the Capitol. All persons who remain in counties in the rear of the enemy's lines; all who reside north of the Blue Ridge, with the people of the counties of Rabun, Habersham, White, Lumpkin, Gilmer, Pickens and Daw- son, on account of the great scarcity of provisions and the distance they have to haul them, to preserve the lives of the inhabitants of those counties.
As the law of this State declares every man subject to militia duty, who refuses to respond to this order, to be a deserter and liable to be tried and punished as such, all Aides-de-Camp at home, and all Justices of the Inferior Court, Sheriffs, Clerks, Ordinaries and Tax Collectors and Receivers of Tax Returns of the State, who are by statute declared exempt from militia duty, are hereby required to travel through their respective counties con- stantly and, if necessary, arrest and send forward all persons subject who neglect or refuse to report.
In case any of those officers neglect this duty and re- fuse themselves to report and aid in repelling the enemy, it is hoped all who are in service will remember them in future and place more faithful public servants in posi-
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
tions of responsibility. However weighty the reasons each man might be able to give for remaining at home, there are more important reasons why he should hasten to the front if he is able to travel.
Georgians, you must reinforce General Johnston's army and aid in driving back the enemy, or he will drive you back to the Atlantic, burn your cities and public build- ings, destroy your property, and devastate the fair fields of your noble State.
If the Confederate Government will not send the large Cavalry force (now engaged in raiding and repelling raids) to destroy the long line of Railroad over which Gen'l. Sherman brings his supplies from Nashville, and thus compel him to retreat with the loss of most of his army, the people of Georgia, who have already been drawn upon more heavily in proportion to population than those of any other State in the Confederacy, must. at all hazards and at any sacrifice, rush to the front and aid the great commander at the head of our glorious self- sacrificing army, to drive him from the soil of the Em- pire State.
I beg you, fellow citizens, to reflect upon the magni- tude of the issue.
If Gen. Johnston's army is destroyed the Gulf States are thrown open to the enemy and we are ruined. If Gen. Sherman's army is cut off the west is thrown open to us to the Ohio River, and all raids into Mississippi, Georgia and Alabama will at once cease. If every citi- zen of Georgia will do his duty, and the President will permit Kentucky to rest free from raids for a time, and
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will send Morgan and Forrest to operate upon the rail- road line of communication, nearly three hundred miles in Sherman's rear, which passes over many bridges, through a country destitute of supplies, the grand army of invasion can be destroyed, and not only our own State, but the Confederacy delivered from disaster by the tri- umphant success of our arms.
JOSEPH E. BROWN.
HEADQUARTERS GEORGIA MILITIA,
ATLANTA, GEORGIA,
July 21st, 1864.
To the Militia of Georgia:
In accordance with the request of General Hood for the purpose of arming the militia in Macon and sending them forward ready for service, thereby avoiding the confusion of having large bodies of unarmed men sent into Atlanta while it is besieged, these headquarters will be moved to Macon.
All troops who have already arrived in Atlanta, and all who come in on the West Point Road, and all above Jonesboro, will report to General Smith in Atlanta as heretofore directed. All others will report to Gen'l. H. C. Wayne in Macon, where they will be thrown into camp till they are armed before they are sent to Gen'l. Smith. All troops on the Georgia Railroad will go by way of Augusta to Macon and report to Gen'l. Wayne.
JOSEPH E. BROWN.
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
July 27th, 1864.
In accordance with an Act, assented to December 14th, 1863, entitled, "An Act to cancel certain portions of the Georgia Treasury Notes lately issued by issuing Treas- ury Certificates of Deposit, and for other purposes," the Treasurer and Comptroller-General appeared before me this day and exhibited seventy thousand dollars of Geor -- gia Treasury Notes payable in specie or eight per cent. bonds, six months after a Treaty of Peace, etc., etc., and also ninety thousand dollars in Georgia Treasury Notes, payable in specie or six per cent. bonds, six months after the ratification of a Treaty of Peace between the govern- ment of the United States and the Confederate States of America-all of said notes having been redeemed and cancelled by the issue of Georgia Treasury Certificates of deposit, as required by said Act, in sums of $5,000, $10,000 and $20,000. I hereby certify that the said one hundred and sixty thousand dollars of Georgia Treasury Notes thus redeemed and cancelled, were this day burned in my presence as required by the above recited Act.
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