USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 17
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JOSEPH E. BROWN.
PROCLAMATION.
It is represented to me that a considerable number of persons in this State claimed to be aliens refuse to take up arms and go to Atlanta for the defence of the State.
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In a great emergency like the present, I consider it the duty of all who claim protection of person and property to defend the State which affords them such protection. I, therefore, hereby proclaim and make known that all aliens in this State who refuse to volunteer for her de- fence are required to leave the State within ten days from this date, and no more to return on pain of being dealt with as the laws and usages of nations justify in such cases.
Passports will be granted to all such aliens on applica- tion to the Adjutant and Inspector-General of this State, upon the certificate of a Judge of the Superior Court that he has examined the evidence in such cases and find such person to be an alien.
Given under my hand the Great Seal of the State, this 28thday of July, 1864.
JOSEPH E. BROWN.
HEADQUARTERS, MACON, GEORGIA, July 28th, 1864.
To the Aides-de-Camp and other Officers :
I am informed that the Inferior Courts of some of the counties have abused the privilege of exemption to millers, which was allowed by my proclamation, and have certified for exempting the owners of mills who have not
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been employed regularly as millers previous to my call. The exemption applies only to those who are and were, at the time of the call, actually employed as millers, and not to owners of mills who were not so employed. As it can be known at headquarters who are the actual millers only by the certificates of the courts, some may have obtained from the Adjutant and Inspector-General's office exemp- tions as millers who are only the owners of mills. All. such exemptions are hereby revoked, and all such per- sons will be sent forward to the front immediately. All civil and military officers of the State will enforce strictly and rigidly the orders contained in my proclamation, and will send forward under arrest, when necessary, all who are embraced in it and refuse to report, notwithstanding. any order of any Confederate officer or any other person.
The orders of Confederate officers interfering with the execution of the militia laws of the State and attempting to protect from active service their favorites in civil pur- suits, when the State is in imminent peril and needs the services of all able to bear arms in front of the enemy, can neither be respected nor obeyed by State officers. It State officers are met by armed resistance, which they can not overcome, when in discharge of their duty, in attempting to carry to the front skulkers who are unwill- ing to defend their own homes and property, they will report the facts instantly and troops will be sent to en- force the execution of the laws of the State, and to com- pel all such men to discharge their part of the duty and meet their part of the danger. Upon the application of the chief officer in charge of the collection of the tithe tax of the State, which is necessary to the support of the army, and upon a similar application of the Confederate
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Ordinance officer, I have exempted from my call the agents certified by them to be constantly employed and indispen- sably necessary to the efficient management of their re- spective departments. The same rule will be applied, on application of the proper officer, to each of the other de- partments of the Confederate Government in the State.
While it is my fixed purpose to execute the laws of the State, and to compel all favorites of power or of persons in position who have details as a shield from danger, while spending their time in the management of their ordinary business to obey the laws and aid in repelling the enemy, it is not my intention to cripple or throw obstacles in the way of the Confederate Government in providing all nec- essary support for the army. It is a fact known to the whole country, that numbers of able-bodied men have been kept out of military service by the details and ap- pointments of Confederate officers. The decision of a distinguished judicial officer of this State sustains the jurisdiction of the State over all such when not in the actual military service of the Confederate States. This jurisdiction will be enforced at whatever cost may be nec- essary to sustain the sovereignty and dignity of the State, and compel such persons to do their duty in her defence.
As Georgia seems to be left to her own resources for the reinforcement of General Hood's army, which is nec- essary to prevent her territory from being overrun by the enemy, she can not now waive her just jurisdiction over her militia who are at home engaged in the ordinary pur- suits of life, on account of any details or exceptions which may have been granted by Confederate authority. She will never assent to the doctrine that the Confederate Government has any Constitutional right or power to
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divest her of jurisdiction over her whole militia by mus- tering her whole people into service and detaching them to remain at home engaged in the common avocations of life. The Confederate Government may rightfully com- mand that part of her citizens who are in the actual mili. tary service of the Confederacy, and none others. When her territory is invaded by a powerful foe which calls for the exercise of all the manhood of the State to protect her very existence, she will not allow any other power to interfere and prevent her from sending her own militia to the battle field for her own security.
All persons claiming to be employed by the Confed- erate Government as farmers, tanners, blacksmiths, shoe- makers, tax assessors and collectors, secret service men remaining at home, etc., must show their exemptions from these headquarters, which will be given when actually necessary upon the application of the heads of their re- spective departments, showing that they are constantly employed and indispensably necessary ; and on failure to exhibit such exemptions they will be arrested and sent to . General Smith, as directed by my former proclamation.
Any State officer failing or refusing to carry out these instructions promptly will be held to rigid accountabil- ity, as the exigency requires that every able-bodied man in the State whose services are not indispensably neces- sary in some other department, shall rush to the front without a moments delay.
JOSEPH E. BROWN.
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HEADQUARTERS, MACON, GEORGIA, July 30th, 1864.
To the Citizens of Macon :
The enemy is now in sight of your houses. We lack force. I appeal to every man, citizen or refugee, who has a gun of any kind, or can get one, to report at the Court- house, with the least possible delay, that you may be thrown into companies and aid in the defence of the city. A prompt response is expected from every patriot.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
August 6th, 1864.
To Messrs. Stith P. Myrick, Nathan Hawkins, Samuel E. Whitaker and Nathan McGehee-
GENTLEMEN : It is necessary that we have at least 500 negro men to fortify the approaches to Milledgeville to protect the Capitol against raids. These negroes must be raised immediately.
You, as agents of the State, are therefore hereby authorized to proceed to impress from the people of Bald- win county said negroes, with such intrenching tools, axes, etc., as may be needed. You will also require each
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owner to feed his own negroes while engaged. You will not take more than two-thirds of the hands each owner may have. You will employ such overseers as may, in your judgment, be needed, and all who are selected by you are hereby exempt from my call to report at Macon, till this work is done.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
August 15th, 1864.
The order in reference to Lieut. Jones of Burke county is hereby revoked so far as it orders him immediately to the front, and so far as it may be construed to reflect upon his official Acts.
Believing that he has misunderstood the instructions and orders, it is remarked that he is not to respect cer- tificates of disability given by District Surgeons since the date of my call, as all after that date are to go before the Board now at Macon. Certificates given by District Sur- geons prior to that time only [protect] the holder when expressed upon the face that they are permanently dis- charged for permanent disability. The Aide and other officers, are required to send all others to Macon to be examined by the Board, unless it be in such cases of pot- ent disability that all agree that they are not liable. If it is a disputed point among their neighbors whether they are so or not, they will be sent off for examination, or if
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the Aide is not clearly satisfied that such is the case. Lieutenant Jones will send up all not exempted under the rule.
JOSEPH E. BROWN.
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EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
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August 19th, 1864.
As numerous applications are made to this office by persons now in the Division of the Militia under com- mand of Maj .- Gen. G. W. Smith, for furloughs, details and discharges, I take this method of stating to all concerned that the Division has been placed under the command of General J. B. Hood till such time as I may choose to re- sume the command, or till I shall order it disbanded when I am satisfied the emergency has passed.
As it is important that there be no divided counsels at Atlanta, when so much depends upon the result, I deem it proper that General Hood, while in command of the militia, shall have the entire control. So soon, therefore, as the men are armed and sent to Atlanta, I yield the sole command to General Hood till I shall think proper to resume it, as above stated, and applications for furlough, detail or discharge, must be made to him through the reg- ular military channels. None of them will be acted upon by me. The hospitals of the militia are also under the direction and control of the officers in charge of that de- partment under General Hood, and the State has no con trol over them.
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During the time that General Hood commands the mil- itia, they are absolutely under his control for the de- fence of Atlanta as the Georgians in Virginia are under the control of General Lee. The only difference is in the term of service. Those in Virginia are in for the war, while the militia are in for the emergency, to be judged by the Governor, and they disbanded or withdrawn by his order.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
August 19th, 1864.
To the Justices of the Inferior Courts and Aides-de- Camp:
I am informed that the policemen in some of the coun- ties who have been detailed under orders from these head- quarters, upon the application of the Inferior Courts to act as a police force for their respective counties, are neglecting their duties and giving their attention exclu- sively to their own private affairs. This can not be tol- erated. The details were not granted to them as a mat- ter of personal favor, but as a matter of public interest.
They are required to give their whole time to the bus- iness of traveling the country from plantation to planta- tion, under such regulations as the courts may prescribe, and in seeing that the negroes on all plantations left without overseers are kept in subjection and property protected.
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This duty is expected to be performed as promptly and faithfully as they would perform the duty of soldiers at the front. No policeman is expected to give any more of his time to his own plantation than he does to the plan- tation of like size of each other person in the section of the county to which he may be assigned by the court.
It is also hereby made the duty of the policemen in each county, to arrest and send to General Smith at At- lanta, each and every man remaining at home who is embraced in my call upon the militia to go to the front.
In each case of neglect to perform his duty under the rules laid down, the court and the Aides-de-Camp are charged and required to arrest such delinquent policeman and send him immediately to Maj .- Gen. G. W. Smith, at Atlanta, that he may be compelled to do duty at the front.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
August 22d, 1864.
The exemplification of the record sent me by Col. O. P. Anthony in the habeas corpus case before the Inferior Court of Clay county, G. S. Mandeville vs. O. P. Anthony, having been decided by the court in favor of Col. Anthony and the writ dismissed, which ruling of the court holds that persons having details as agriculturists from the Confederate Government are liable to do State militia service, and is in conformity to the ruling of Judges
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Lochrane and Hook of the Superior Courts. I therefore hereby order Col. O. P. Anthony to send the said Mande- ville immediately forward to Maj .- Gen. G. W. Smith, at Atlanta, that he may render the service required of him as one of the militia of the State of Georgia.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
September 1st, 1864.
Whereas it is represented to me that the sureties of certain persons, who are under bonds to attend the Supe- rior Court of Washington county for violations of the penal laws of Georgia, are unwilling for such persons to enter the military service under my late call on the mili- tia, fearing that their bonds may be forfeited in the ab- sence of the principals, I, therefore, hereby request the Judge of the Superior Courts of said circuit not to per- mit the bond of any one in military service to be forfeited in his absence.
In case of the death of the principals the bonds dic with them. The sureties will therefore incur no risk in letting them go into service. In no case should any bond be forfeited while the obligor is in the military service of the State or Confederate States.
JOSEPH E. BROWN.
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EXECUTIVE DEPARTMENT.
MILLEDGEVILLE, GEORGIA,
September 5th, 1864.
I hereby withdraw C. W. Allen, of Co. K. 6th Regi- ment Georgia Militia, as first organized at Atlanta, and Thomas J. Akins, of Co. I., same regiment, from the com- mand of Maj .- Gen'l. G. W. Smith, and direct them to join Captain Talbot's Company of mounted scouts for the war.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
September 26th, 1864.
COL. JARED I. WHITAKER,
Commissary-General.
COLONEL: Information reaches me from various parts of the State that the families of our gallant soldiers are again in great need of salt, and some of them must soon suffer if their necessities are not relieved. While those who are their natural protectors are required to leave them and confront the enemy on the battle field, those who remain at home, and especially those in authority, must do all in their power to relieve their wants and prevent distress for the necessaries of life. Considering the State as the natural guardian of the helpless families of absent soldiers, I have, as its Executive, done all in my power to
STATE PAPERS OF GOVERNOR JOS. E. BROWN 729
contribute to their comfort. Notwithstanding the means of bringing salt from the works in Virginia into the State have been greatly curtailed during the present year, I have, nevertheless, succeeded in bringing in from there, and in procuring from other sources since the last distri- bution to soldiers' families was made through you, about thirty thousand bushels, as appears from your report to me, and which quantity is now in store ready for distri- bution. Although this will not be enough to supply all, it will, if distributed, relieve a great many, and the others can have assistance when more can be procured.
My intention is, so soon as it can be had, to make a distribution of one-half bushel of twenty-five pounds to the family of each officer and soldier in State or Confed- erate service from Georgia. You will, therefore, give . notice immediately to the Justices of the Inferior Courts of the respective counties of the State, in all cases where it can be done, that they are required, without delay, to ascertain and report to you the name of each soldier's widow; each soldier's wife; each widow having a son or sons in such service; each other family dependent upon the labor of a soldier in such service for support; and the family of each disabled soldier who has been dis- charged from such service on account of wounds or other disability, in their respective counties. In making up such reports or lists no distinction should be made be- tween those coming properly within the above named classes, whether they are permanent residents of the county or are refugees or exiles from other counties of the State; but if they would have been entitled to receive State salt in the county from which they came, they should be returned as entitled in the county where they may be found.
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But in all cases of indigent soldiers' families found in the county, who have come in there from other counties which have drawn the fund appropriated for relief of indigent soldiers' families for them, the court, in making out their return to you, as above required, should desig- nate all such refugee or exiled families, stating from what county each came. Where this is done, the six dollars for each half bushel of salt sold to each of such refugee or exiled indigent soldier's family will be paid out of the relief fund apportioned to the county from which the family came, and not out of the fund of the county in which the family may be found when the report is made.
So soon as the Justices of each county shall have made their report and have sent you six dollars for each fam- ily reported as entitled, you will furnish them one-half bushel of salt of twenty-five pounds for each soldier's family so reported in the county ; and the aggregate quan- tity going to each county you will ship, at the expense of the county, to such railroad depot in the State, not in pos- session of or in imminent danger of being taken by the enemy, which the respective courts may designate-or, if so requested by the Justices, you may deliver the salt from the State's store house to such agent or carrier as they may authorize to receive and convey it to the county to which it belongs.
On account of the great increase in the cost of every- thing used in the manufacture of salt, including the in- creased cost and difficulties of transportation, and from the further fact that the bushel of fifty pounds at the works will lose several pounds by drippage and other waste, before it reaches the consumer, the half bushel of
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twenty-five pounds can not be delivered to the consumer for a less sum than that above mentioned.
When I caused the first distribution of salt to soldiers' families to be made, I adopted the rule of deducting from the half bushel the usual wastage from the place of manu- facture to place of delivery; but I found that there was much complaint that the courts in distributing did not always give each family an equal quantity.
I think it best, therefore, to fix the price at such sum as will enable the State to lose the wastage, and deliver to each family the full half bushel of twenty-five pounds. This plan was tried last year and was found to secure equality. As most of the drippage and wastage will have occurred before the salt leaves the store house, you will carefully weigh, before shipping it to each county, so that you can detect any unfairness, should any be attempted in any county.
The court may pay you for the salt out of the relief fund of the county; (except for that to refugee or exiled families in the county, which will be paid for out of the fund apportioned to the county which drew the fund for such families, as above stated) and they will deliver to each family, which is entitled to relief under the Act known as the "Act for the relief of indigent soldiers' families," one-half bushel of twenty-five pounds as part of the relief due each; and they will sell to each family of a soldier inhabiting the county not entitled to relief under said Act, one-half bushel of twenty-five pounds for six dollars and the actual cost of freight from the place of shipment to the place of delivery. Each court will be required to return the empty sacks to you before another distribution will be made to the county.
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As you have heretofore done, you will supply each county in the order in which it makes its report to you and pays the money. As all may probably not be sup- plied at once, out of the quantity now on hand, but may have to wait until more can be procured by the State, and as I am unwilling to discriminate among the coun- ties, I know of no fairer way that can be made practicable than the rule, "first come, first served," hence I adopt it.
The reports can soon be made, if the courts in the respective counties will, at an early day, call to their assistance citizens of known integrity and energy of each militia district in the county.
That the people may have notice of this order, and may hold the Justices of the Inferior Court responsible in case of neglect of duty in this regard, you will publish it and send a copy immediately to the Clerk of the Supe- rior Court in each county with a request that he post it up in a conspienons place on the court-house door, or other most public place in the county.
Tendering you my thanks for the prompt and efficient manner in which you have constantly discharged the duties of your responsible position,
I am, very respectfully, etc.,
JOSEPH E. BROWN.
PROCLAMATION.
In conformity to a resolution of the General Assem- bly of this State, passed on the application of the Cotton
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Spinner's Association, C. G. Baylor, having been ap- pointed Commissioner to Europe to promote the objects of said Association, and having obtained passports and left the Confederacy, and information having lately reached me that instead of crossing the Atlantic on the business of said Association he has gone to New York and united with the enemies of our country; I, therefore, hereby revoke his said appointment and proclaim and make known that the commission held by said Baylor is annulled and declared void and of no effect.
And I order that copies of this Proclamation be sent to such of the European powers as might be deceived by him by the use of said commission.
Given under my hard and the Great Seal of this State, at the Capitol in Milledgeville this 26th of October, 1864.
JOSEPH E. BROWN.
The following annual message of His Excellency the Governor, was this day transmitted to both branches of the General Assembly, to-wit :
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA, November 3d, 1864.
Senators and Representatives :
The period of your annual meeting in General Assem- bly having arrived, it affords me great pleasure to wel-
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come you to the Capitol, and to assure you of my earnest desire to unite with you harmoniously and cordially in all practical measures which may promote the general welfare and redound to the glory and honor of our be- loved State.
We are passing through a trying ordeal, having staked upon the issues of war all that can be valuable or dear to a people. If we are subjugated we lose home, property, liberty, reputation, and all so far as this world is concerned, that makes life desirable or its bur- dens tolerable.
Our enemies have repudiated and trampled under foot the great principles of Constitutional liberty and have attempted to rear, upon the ruins of our republican institutions, a consolidated empire, under the popular name of a union of the States. We have taken up arms to resist this and to maintain republicanism in its purity, with the sovereignty of the States and the personal rights and liberties of the people. No people ever ac- cepted the alternative of war in a nobler cause, or ex- hibited to the world a more sublime spectacle of moral grandeur and heroic valor. Our gallant armies have won for these States a name which will stand upon a bright page in history, when the pyramids have decayed, and marble monuments have crumbled into dust. It should be the pleasure of the patriot and the pride of the hero to contribute his property, his energies, and if need be, his life, for the success of so noble a cause. Upon our success depends the last hope of republican institutions and civil liberty, with Constitutional guaran- tees. He who would prove recreant to so sacred a cause, or from a desire of personal aggrandizement or the grati-
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