USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 5
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But it may be said that State credit is worth more than Confederate credit in the market, and if the States will issue fifty millions of dollars of their bonds and loan them to the Confederacy, it can purchase sixty-five millions of its outstanding issues and thus make fifteen millions of dollars.
It is not denied that the Confederacy, by turning bro- ker of its own bills, might make some money by such an operation, so long as the relative difference between State and Confederate credit could be maintained. But it must be apparent to all that this speculation would
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be overbalanced by loss of character and of the confi- dence of the public in the ability of a Government which would resort to such an expedient; ever to establish and maintain a wise financial system of its own. The specu- lation made by such a transaction could have little or no influence in regulating the currency. Instead of increas- ing public confidence in Confederate credit it would do much to destroy it, as it would be an implied acknowl- edgement of the imbecility and incompetency on the part of those responsible for the management of the Confederate finances.
If the war lasts a few months longer it will require the proper management of billions, not millions of dol- lars, to regulate the currency and sustain public credit. Suppose in place of fifty millions the States should issue their bonds for a billion of dollars (and less would not long suffice) what would be the result? The debt of each State would become so large that its bonds in the market would be worth less than Confederate bonds, which are the bonds of all the States combined. So soon as the system is adopted and published to the world, State credit will at once sink below Confederate credit and the whole speculation is at an end. In a word, the infant giant, so soon as its proportions are developed, immediately commits suicide.
But it may be said that the States are only asked to loan the Confederacy fifty or one hundred millions of their credit. It is very true that all this is proposed to initiate the system. But he must be a very superficial observer who does not see that as soon as this amount is disposed of, another one hundred or five hundred mil- lions will be demanded, with more confidence than the
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first demand is made, as the officers of the Confederate Government will then have precedent to quote in favor of the demand and the credit of the States must at once be dragged down below Confederate credit and the coun- try still left without a financial system to carry it through the difficulties by which it is now surrounded. I am fully satisfied that each Government should be left to meet its own obligations and manage its own affairs, within the bounds' assigned by the Constitution, and that when either, with ample powers, becomes incompetent to the task, a change of administration, where the defect exists, is the only proper remedy.
IMPRESSMENT OF PRIVATE PROPERTY.
The right of the Government of the Confederate States to make impressments upon the personal prop- erty of the citizens of the respective States for public use, upon the payment of just compensation, is not questioned. Congress has passed an Act regulating im- pressments and defining the powers and duties of Con- federate officers in making them. This Act of Congress provides, "that the property necessary for the support of the owner and his family and to carry on his ordinary agricultural and mechanical business," "shall not be taken or impressed for the public use." The Act also provides, when the owner and impressing officer cannot agree, for the appointment of two appraisers, one to be chosen by the owner of the property and the other by the impressing officer, and if they disagree, that they shall choose an umpire, who shall determine upon the quantity of property necessary as aforesaid, and such decision shall be binding upon the officer and all other persons.
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The Act of Congress, therefore, expressly and posi- tively prohibits any impressing officer from taking, un- der any circumstances, the property necessary for the support of the owner and his family, etc. In open viola- tion of this positive law, those professing to be officers of the Government, under appointment of one or more of its District Commissaries, have impressed the prop- erty absolutely necessary for the support of the owner and his family and carried it off with threats of armed force if resisted, after refusing to submit the question to the decision of appraisers. They have pretended to jus- tify these outrages by saying that they had orders from those who appointed them to take all of certain kinds of property. Such orders if given, so far from being a jus- tification for a violation of the Act of Congress, could only subject the officers issuing them, to just punishment. It is believed that large and corrupt speculations have been made by those professing to be impressment officers and others acting in concert with them, and that many persons have made impressments who have no shadow of legal authority for so doing, but have plundered and robbed the people under pretense of such authority.
While it is the duty of every good citizen to furnish to the Government, for the support of the army, all the provision he can possibly spare, it is the imperative duty of the Government to see that the people are not plundered by unprincipled speculators or thieves, who may profess to be or may be, Government officials.
These impressments have been ruinous to the people of the northeastern part of the State, where there is not, probably not half, a supply of provisions made for the support of the women and children. One man in fifty
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may have a surplus, and forty out of fifty may not have enough. If the impressing officer is permitted to seize and carry off the little surplus in the hands of the few, those who have not enough have nowhere to look for a supply. Every pound of meat and every bushel of grain carried out of that part of the State by impressing offi- cers must be replaced by the State at public expense, or the wives and children of the soldiers in the army must starve for food.
As all efforts to procure the suppression of this sys- tem of moral robbery and plundering in a portion of the State almost destitute of supplies has failed, I deem it the duty of the Legislature to take the matter into its own hands and protect its own people.
To this end I recommend the passage of a law making it felony, to be punished by ten years imprisonment in the penitentiary, for any person, claiming to act as a . Confederate officer or agent, to impress the property of any citizen of this State in violation of the Act of Con- gress, or to refuse to allow the citizen all the rights given by the Act of Congress. And if any person should pro- fess to be an officer or agent of the Government, with power to make impressments, who has not such au- thority, I recommend that the Act make it the duty of the court to sentence such person to receive thirty-nine lashes on his bare back and to be imprisoned ten years in the penitentiary. I also recommend that the law be so changed as to make it a felony in any Commissary or Quartermaster to send an officer or agent into any county in the State to make impressments until he has published the name and description of such officer with the nature of his powers, in a newspaper having general
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circulation in the county, or by posting such advertise- ment upon the door of the court-house and at three of the most public places in the county. So much oppres- sion and corrupt speculation is believed to have grown out of this power that it will require stringent laws to arrest the evil.
INCOME TAX.
I invite the attention of the General Assembly to the remarks of the Comptroller-General in his able and very valuable report upon the subject of the income tax, and recommend such change in the law as will in future guard against the evasions and abuses to which he refers. I think it would be wiser policy to compel each person dealing in the articles enumerated in said Act to give in, on oath, the amount of capital or credit actually em- ployed, and the amount of income made from 1st of April 1863, to the 1st of April, 1864, and deduct 20 per cent. of the profits made upon which no tax should be paid, and impose a tax of twenty-five per cent. upon all balance of profits realized. This would be more equitable as be- tween the different tax payers, and would yield a much larger amount to the Treasury than has been received for the past year.
PUBLIC PRINTING.
On account of the great advance in the price of labor and material as well as provisions, the compensation fixed by the Code of this State for the public printing, will not enable the printers to do the work without the loss of several thousand dollars per annum. The prices were fixed at what was considered reasonable at the
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time the Code was prepared, but are wholly inadequate in the present condition of the country.
As an act of justice, I recommend that the law be so changed as to allow the printers a reasonable per cent., say 25, upon the actual cost of the labor and material employed.
CORRESPONDENCE WITH THE BRITISH CONSUL.
I beg leave to lay before the General Assembly cop- ies of the correspondence between Mr. A. Fullerton, Her Britannic Majesty's acting consul at Savannah, and myself upon the question of the liability of British sub- jects to do military service in defense of their domiciles. Regarding this service as unquestionably due from all domiciled foreigners by the laws of nations, I can only regret that the British Consul felt it his duty to call in question the right of the State to demand it. So long as the British Government recognizes no legal commerce with the Confederate States and denies the existence of such a power, we are certainly under no obligation to extend to the subjects of that Government privileges or exemption not provided for by the laws of nations.
SALARIES OF PUBLIC OFFICERS AND AGENTS.
I feel it my duty, as an act of justice to the public officers and agents of this State to recommend an increase of their salaries, in all cases where there is no Constitu- tional prohibition.
I am sure I need not enter into an argument to con- vince the Legislature that the present salaries will not
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support the public servants and their families. The last General Assembly authorized me to increase the salaries and compensation of the officers and employees on the W. &. A. Railroad fifty per cent. It will be necessary that the law be so changed as to authorize a further in- crease, or the employees and workmen can not support themselves and their families by their labor and they will be compelled to leave the Road and go to other Roads where they can get better wages. In the present state of things it would not be possible to supply their places with others at the same compensation. It would certainly be very unwise to turn them off for want of support. We should raise the freiglits to cover the cost and give them good wages. I must express my regret that the Consti- tution and law does not allow the members of the General Assembly sufficient compensation to pay their actual ex- penses. I apprehend no liberal-minded citizen approves it.
SALT SUPPLY.
Prior to the occupation of East Tennessee by the en- emy we were succeeding well in the importation of salt. Since that time we have been unable to get any from the Virginia works. The appropriation of our trains by the order of the Board of public works of Virginia, has been a serious interruption. I have, however, through the agency of Hon. B. H. Bigham, a member of this Gen- eral Assembly, laid our complaint before the Governor and Legislature of Virginia and have great confidence that we shall receive justice and even liberality at the hands of the Government of that noble old common- wealth.
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Before our communication with the works was cut off I had succeeded in securing a sufficient quantity to furnish every soldiers' family in Georgia with a half bushel in addition to that furnished at a former distribu- tion.
The responsibility of receiving and distributing the salt has been placed upon Col. J. I. Whitaker, the Com- missary-General of the State, who has discharged it as he has every duty, with ability, honesty; promptness and fidelity.
The different salt companies of the State have im- ported large quantities, and while it is feared we shall be hard run for a supply, it is hoped there may be no suffering.
COTTON CARDS.
For a statement of the operations of the Card Fac- tory, I refer you to the report of its Superintendent. .While we have not been so successful as we could have wished, the number made and distributed has been of great service to the people.
The greatest difficulty has been in procuring wire. I do not consider our undertaking to make wire, in suffi- cient quantities, as by any means a success. But I have lately been able to get a good quantity through the block- ade, and anticipate but little future difficulty in keeping up the supply.
As the wire costs very high and has to be paid for in lots as it arrives, I ask an appropriation of $200,000 for
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that purpose, to be refunded to the Treasury out of the proceeds of the sale of the Cards.
TREASURY CERTIFICATES FOR STATE TREASURY NOTES.
I am informed that State Treasury Notes have gener- ally been laid away as an investment and that bankers and capitalists who hold large amounts of them, to get rid of the care of so great a bulk of paper, desire to exchange them for Treasury certificates of large amounts, binding the State to the same obligations contained in the face of the notes. I can see no objection to this, and there- fore recommend the passage of an Act authorizing the Treasurer to take up the State Treasury Notes when presented in sums of five thousand dollars or upwards, and give Treasury certificates in place of the bills, pay- able to bearer, upon the terms mentioned in the face of the bills. It would certainly be quite an accommodation to a person having ten thousand dollars of State Treas- ury Notes in five dollar bills, which he designs to hold as an investment, to be permitted to return them to the Treasury and receive in place of them a certificate for ten thousand dollars . I would not recommend the issue of a certificate for a smaller sum than five thousand dollars.
If the General Assembly should not levy a tax suffi- cient to carry on the operations of the Government and should adhere to the policy of issuing State Treasury Notes to meet appropriations, the Treasurer might be authorized to re-issue the notes redeemed by him and thus save the expense and labor of issuing new notes.
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WESTERN AND ATLANTIC RAILROAD.
The report of the Superintendent of the State Road shows that $1,650,000 has been paid into the Treasury of the State from the incomes of the Road, during the last fiscal year, and that there was due from the Confederate Government on the 30th of September, 1863, $427,586.75 as a set-off against $577,864.76 due the 30th of Septem- ber, 1862, showing the net earnings of the Road to have been nearly one and a half millions of dollars for the year.
This would of course be subject to reasonable deduc- tion for the wear of rolling stock and of the track, which has not been kept in as good condition as usual, on ac- count of the impossibility of procuring supplies of mate- rial essential in making repairs.
As a great proportion of the property transported over the road, other than Government freights, belongs to speculators, I have felt it my duty to order the freights raised from time to time, so as to keep them nearly as high as the freights on other roads. This enables the State to raise, by the use of the road, a considerable amount of revenue in a manner less burdensome to the people of this State than it could be done in any other way, and to transport freights necessary for the support of the poor without charge. And as the price of nearly every kind of property has increased immensely in the market, it is right that the freights for transporting it be increased in a just proportion. There is no justice in requiring the road to transport a barrel of flour, a hogshead of sugar, or a ton of iron at the old rates, paid in currency, when either is worth in the market in the same currency ten times the old rates to the producer.
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To enable us to continue to run the road, if the war should last for a year or two longer, it will be necessary to import, by some means, such supplies as are indis- pensable in making repairs. On account of the position which the road occupies as a main trunk, with so many roads diverging from it at each end, the drafts made upon its rolling stock, for military use on other roads, in sudden emergencies, has been greater than upon any other road in the Confederacy. Our rolling stock has not only been greatly injured when under military or- ders, but we have lost about two hundred cars and a number of valuable engines, when upon other roads, by · the interception of the enemy.
The State Road is not singular in needing repairs. No other Road in the Confederacy called upon to make equal sacrifices of its rolling stock in the service of the country, is believed to be in better condition.
After the death of Major John S. Rowland, its late honest and upright superintendent, Dr. George D. Phil- lips, whose high character is well known to the people of Georgia, has been appointed Superintendent of this great State work.
REORGANIZATION OF THE MILITIA AND THE HOME GUARD.
The conscript law having been executed in the State upon persons from 18 to 45, the organized militia of the State not in Confederate service, under existing laws, is composed of the non-conscripts between those ages.
The late call of the President upon this State for 8,000 volunteers as Home Guards, and for local defence,
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was addressed to those exempt from conscription. To this call, as will be seen by reference to the report of Adjutant and Inspector-General II. C. Wayne, over 18,- 000 men responded. These troops were organized for six months only, with the understanding that they were not to be called ont and kept in the field as regular soldiers, but that they were to be mustered into the service and remain at home in pursuit of their ordinary avocations, when not needed to repel a raid or meet an emergency. Part of them have been called out and have now been near- ly two months in service ; and I regret to say, that I do not see satisfactory evidence of an intention on the part of the Government, to discharge them at as early a day as our home interests imperatively require. It is now time that the corn crop were gathered and the wheat crop sowed. If we are to continue the war, we must take care of the provisions already made; and if we would harvest next summer, we must not neglect seed time this fall. The troops are now well organized, and if permitted to go home, could, in case of emergency, return to their re- spective commands on the shortest notice. We shall doubtless need Home Guards after the expiration of the six months; and it is to be feared that the effect of con- tinuing these troops in the field longer at a time than necessity requires, will be to discourage volunteering at the end of their present term. If the Government will act in good faith with these men, there will be no diffi- culty in keeping up a sufficient Home Guard organization during the war; but if it should fail to do this, the task may be difficult, as the men who compose the organiza- tion are the indispensable productive class, and can not spend all their time in the military field without ruin to our home interests.
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It was said by some, as a justification for the adop- tion of the conscription policy, that the volunteer spirit was dead when that bill was passed. The very reverse, however, was true. Only a few weeks before the pass- age of the conscript law, the President called upon Geor- gia for twelve regiments of volunteers, and they re- sponded promptly, with a large additional number. Lately he called upon the State for eight thousand troops, which is the first call made since the conscript policy was adopted; and over double the number responded. From the first day of the war till the present hour, Georgia has never failed to fill promptly every requisition made upon her for volunteers, and I think I may safely say, that if good faith is observed and their constitutional rights in the selection of their officers are respected, she never will fail to fill a requisition for her just quota as long as the war may last.
To provide, however, for any future contingency which may occur from mismanagement or otherwise, and to maintain an organization for police purposes, I rec- ommend the passage of an Act making all white male persons 18 and 60 years of age, subject to militia duty, when not on active duty in the military service of the Confederate States, and subject to draft to fill any fu- ture requisitions to be made upon the State by the Con- federate States for troops; with a proviso that the State will not hold them liable to serve when their Constitu- tional right of electing their officers is denied, and will not permit them to be punished for refusing to serve when this clear and important right is usurped; with a further proviso, exempting ministers of the gospel and the most important civil officers, both of the State and
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counties, whose official duties are onerous and indispens- able, from all military service.
It will also be necessary to authorize the Governor to appoint such staff officers as may, in his judgment, be necessary to enable him to organize troops to fill promptly and future requisitions made upon the State, or to meet other emergencies.
RIGHT TO ELECT OFFICERS.
In this connection I earnestly invite the attention of the General Assembly to the correspondence, (copies of which are herewith forwarded) between the Secretary of War and myself, in reference to the right of Georgia's volunteer militia in the military service of the Confeder- acy, to elect their own officers. And it is proper that I here remark that since the correspondence was ended, even the right of the Home Guards to elect to fill vacancies is also denied, and the power of appointing the company officers, as well as the field officers, is claimed by the President.
The Constitution gives Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States, reserving to the States respectively, the appointment of the officers. The right of the State to appoint the officers to command her militia or any part thereof, when employed in the service of the Confederate States, is not left to inference, but is reserved in plain, simple language, which admits of no two constructions. The State, by her Constitution and laws, has provided how she will make these appointments.
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All militia officers are to be elected by the people subject to do military duty under them, and the officers of the volunteer militia are to be elected by the members of the volunteer organization, to be commanded by the officers when elected, and all vacancies are to be filled in the same way. In a word, the State appoints those who are elected by the persons to be commanded.
If the militia of Georgia, or any part thereof, is now employed in the service of the Confederate States, no one can question the right of the State, as reserved in the Confederate Constitution, to appoint the officers to com- mand them, and the right of the troops, under the Con- stitution and laws of the State, to have those elected by them, appointed or commissioned to command them, is equally unquestionable.
By the militia of the State, I understand the farmers of the Constitution to have meant the arms-bearing peo- ple of the State. That they intended to use the term in this sense is evident froom the fact that they speak of the militia as in existence at the time they are making the Constitution, and confer power upon Congress, not to create a new militia, nor to organize that already in ex- istence, but to provide for organizing the militia. In other words, they gave Congress power to provide for forming into militia organizations the arms-bearing peo- ple of the respective States. Had the Constitution given Congress power to organize the militia without any quali- fying words, it would have had power to appoint officers to command them, or to authorize the President to ap- point them, as the militia can not be organized without officers. The language used was well weighed and care- fully guarded. Power was given to Congress to provide
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