USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28
Ordered, That said license, being license No. 36, issued as aforesaid, be, and the same is, hereby revoked, and become null and void from the time of the service of a copy of this order upon the said John B. Bailey; and it is further ordered, that a certified copy hereof, be served personally upon said Bailey by the sheriff, or his deputy, of said county; and that this original order be returned to this department with entry of such service thereon.
Given under my hand and the Seal of the Executive Department, this 5th day of December, 1863.
JOSEPH E. BROWN.
By the Governor, H. H. WATERS, Sec'y. Ex. Dept.
563
STATE PAPERS OF GOVERNOR JOS. E. BROWN
The following message was transmitted to the House of Representatives, to-wit :
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
December 15th, 1863.
To the House of Representatives:
I feel it my duty to refuse my assent to the bill which originated in the House, entitled, "An Act to authorize the taxpayers of the State to pay their State and county tax in Confederate Treasury Notes, and for other pur- poses."
The bill declares that the "taxpayers of this State may pay their State and county taxes in the Treasury Notes of the Confederate States, and the Tax Collectors of the several counties are hereby authorized and re- quired to receive said notes, when tendered, in payment of taxes." To this there is no objection; but it gives the taxpayers no privilege which they do not already enjoy, as the State has received Confederate Treasury Notes for all taxes and other public dues from the time the first note was tendered to her collectors till the present day.
I presume, however, that the exception which follows the language above quoted is the main objection of the bill. It is in the following words: "Except such per- sons as may, after this Act shall have gone into effect, refuse to receive Confederate Treasury Notes in pay- ment of any claim due them in their individual capacity,
564
CONFEDERATE RECORDS
or as a corporation, or agents, or who shall refuse to receive Confederate Treasury Notes in payment for pro- duce or merchandise, in which case the tax due on such claim, or produce, or merchandise, shall be payable in specie; provided, this exception shall not apply to pro- missory notes payable in specie, and so expressed on the face."
The Constitution of the Confederate States declares that no State shall "make any thing but gold and silver coin a tender in payment of debts," or pass any "law impairing the obligation of contracts."
The passage of this bill is a legislative attempt to do indirectly what the Constitution declares shall not be done; make Confederate Treasury Notes a tender in pay- ment of debts. In the present state of the currency, it is a heavy penalty for the State to compel one of her citi- zens to pay his tax in specie, when others pay in Confed- erate Treasury Notes. This bill then proposes to com- pel creditors to receive Confederate Treasury Notes as a legal tender in payment of debts under a heavy penalty for refusal. If the State has no right to make any thing but gold and silver coin a tender in payment of debts, has she a right to impose penalties upon creditors for refusing to receive any thing else in payment? If so, all that is necessary is to declare what else shall be a legal tender, and make the penalty heavy enough, and she compels her citizens to receive it as a tender in payment of debts due them. Again, no State shall pass any law impairing the obligation of contracts. A purchased a horse of B three years since, which was worth one hun- dred dollars in gold and gave his note for one hundred dollars, due one month after date. When due, he refused
565
STATE PAPERS OF GOVERNOR JOS. E. BROWN
to make payment. He now comes to B when one dollar in gold is worth twenty dollars in currency, and when the horse, which he purchased for one hundred dollars, will bring fifteen hundred dollars in the market, and pro- poses to pay B one hundred dollars in Confederate Treas- ury Notes and the interest for the note. B refuses to take it, because the contract was made upon the gold basis and its obligation is for the payment of gold or its equiv- alent. The Legislature compels B to receive the money or sumbit to a severe penalty. Does not this impair the obligation of the contract, and is it just?
But aside from Constitutional objections, this bill ought not to become a law, as it can benefit no one but a class of debtors who received gold value for the notes which they have given to their creditors, and who now wish to pay off their debts with the present currency, when they, in many cases, would not take ten times as much currency for the property they received as they expect to pay to the creditor in discharge of the debt. I have noticed that this is the class of individuals who are the most bitter in their denunciation of those who refuse to receive Confederate Treasury Notes in payment of old debts. All other persons can see the injustice of such a tender; but the debtor, who got the amount mentioned in the face of the note in gold or its equivalent, can sel- dom see it. What reason is there why a promissory note, given for property upon the gold basis, should not be estimated at its value in Confederate notes as well as a barrel of flour or a pound of bacon? And who takes Confederate Treasury Notes for flour or bacon at par ? A barrel of flour, in ordinary times, is worth five dollars in gold, and a pound of bacon ten cents. A barrel of
566
CONFEDERATE RECORDS
flour is now worth, in Confederate Treasury Notes, $80, and a pound of bacon $2.50. If a barrel of flour is now worth $80 in Confederate Treasury Notes, how is it that a five dollar note given for a barrel of flour on the gold basis is now worth only five dollars in Confederate Treas- ury Notes? And why compel the holder of the note, if he refuses to receive five dollars in treasury notes for it, to pay his taxes in gold, which will cost him twenty for one, and permit the owner of the flour to sell it for $80 and impose no penalty on him ?
Why not say he, too, shall pay his taxes in specie if he refuses to receive the Confederate notes as gold; in other words, if he refuses to take five dollars in treasury notes for his barrel of flour, which is the ordinary gold value? Upon what principle of equity is it that a barrel of flour is worth sixteen times as much Confederate cur- rency as a note given for a barrel of flour upon the gold basis is worth?
This bill proposes to inflict the same penalty upon him who refuses to receive Confederate Treasury Notes for produce or merchandise, as it does upon him who refuses to receive it in payment of debts given for prop- erty on the specie basis. But it does not say what price persons may charge in Confederate Notes for produce or merchandise. If they price produce or merchandise worth five dollars at eighty dollars, and receive payment in Confederate notes when tendered, they escape the pen- alty. Then why not permit the owner of the promissory note to price his note at its value in the currency, and punish him only when he refuses to receive its value in Confederate notes when tendered?
567
STATE PAPERS OF GOVERNOR JOS. E. BROWN
Again, the Act excepts from the penalty those who refuse to take Confederate Treasury Notes in payment for "promissory notes payable in specie, and so ex- pressed upon the face." Many persons have borrowed gold and given notes for it who have not expressed in the face of the notes they are payable in specie. If two notes of equal amount are given for gold lent, and one says upon its face payable in specie, and the other simply says for value received, and the holders refuse to take Confederate notes in payment, I confess my inability to see the justice of compelling one to pay his tax in specie, while the other is permitted to pay in treasury notes, because his note chanced to have on its face the expres- sion "payable in specie." Nor do I see the equity of the difference in any case where the note is given for specie value, whether expressed in the face of the note payable in specie or not.
But it may be said there are principles of public policy which over-ride private interest, and that the public safety requires that the currency be sustained and treated as gold in all individual payments. Public policy and justice require that the currency be received at its mar- ket value. No more, no less. And in this connection it should not be forgotten that the Confederate Congress does not estimate it as equivalent to gold, but draws a clear distinction by compelling the holders of gold to give in and pay Confederate tax upon the value of the gold in Confederate Treasury Notes, and the Confederate col- lectors have estimated the difference at eight and ten for one. We need not attempt to shut our eyes to a fact well known to every intelligent man, woman and child in the Confederacy, and to our enemies, and which is acknowl-
56S
CONFEDERATE RECORDS
edged by the Confederate Congress, that the Confeder- ate currency is greatly depreciated and that Confederate Treasury Notes are not worth par in specie. It would be wiser to acknowledge, by our legislative action, what all our constituents know, and to use all Constitutional and proper means by taxation and otherwise to improve the currency, than to attempt to sustain its value by com- pelling one class of citizens to receive it as gold, and per- mitting all others to treat it as of but little value.
If this bill had excepted all notes given for specie value prior to the depreciation of the currency, there might have been some justice in its passage.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA, December 30th, 1863.
Whereas, on the 23d day of March, 1863, at the in- stance of the Justices of the Inferior Court of Meriwether county, I issued a license, being license No. 20, to Rhodom M. Brooks of said county, authorizing him to distill one hundred and fifty gallons of alcohol for the use of the people of said county for medicinal, chemical and mechan- ical purposes : And Whereas, the said Justices now re- quest me to revoke said license, therefore it is
Ordered, That said license issued as aforesaid, to said Rhodom M. Brooks be, and the same is, hereby revoked,
569
STATE PAPERS OF GOVERNOR JOS. E. BROWN
and that a copy of this order be served personally upon said Brooks by the sheriff, or his deputy, of said county of Meriwether, and that this original order be returned to this department with entry of such service thereon.
Given under my hand and the Seal of the Executive Office, this 30th day of December, 1863.
JOSEPH E. BROWN.
By the Governor, H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
December 30th, 1863.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Warren county, license No. 61, issued to William Battle on the 6th day of June, 1863, for the distillation of six- teen hundred 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 said Battle by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
570
CONFEDERATE RECORDS
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
January 5th, 1864.
By order of the Governor, and at the instance of W. H. Prioleau, Surgeon and Medical Purveyor, as agent of the Medical Department of the Confederate States, the license issued to A. J. Simmons, on the 21st day of Jan- uary, 1863, to distill fifteen thousand gallons of whiskey in the county of Monroe, in this State, for the use of the Confederate Government, was this day revoked, and a copy of said revocation ordered to be served upon said Simmons by the sheriff of Monroe county, or his deputy.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
January 5th, 1864.
By order of His Excellency the Governor, and at the instance of W. H. Prioleau, Surgeon and Medical Pur- veyor, as agent of the Confederate States for the Medical Department thereof, the license issued to W. T. Maynard and J. B. Maynard on the 3d day of February, 1863, to distill 15,000 gallons of whiskey, in the county of Monroe in this State, for the use of the Confederate Government, was this day revoked, and a copy of which revocation
571
STATE PAPERS OF GOVERNOR JOS. E. BROWN
ordered to be served upon the said W. T. and J. B. May- nard 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,
January 28th, 1864.
Whereas, satisfactory evidence has been submitted to this department that B. Bernstien of Bibb county, in this State, has been examined by Wm. F. Holt, Surgeon of the 22d Senatorial District, and found unfit for mili- tary duty on account of "organic disease of the heart,"
It is therefore Ordered, That the said B. Bernstien be permitted to visit Richmond, Virginia, with his family, with a view of going to Europe, provided no member of his family be subject to do military duty.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA, January 30th, 1864.
By the order of His Excellency the Governor, and in compliance with the recommendation of the authorities of Macon county, license No. 106, issued to John C. Rodg-
572
CONFEDERATE RECORDS
ers on the 14th day of November 1863, for the distilla- tion of one hundred and fifty gallons of alcohol; also at the same time license No. 107 issued to said Rodg- ers to distill eleven hundred and fifty gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said John C. Rodgers by the sheriff of said county of Macon, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
ยท EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 8th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Sumter county, license No. 59, issued to Thomas E. Smith, W. A. Bell and Charles W. Coker, on the 6th day of June, 1863, for the distillation of two hundred gal- lons of alcohol for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said Thomas E. Smith, W. A. Bell and Charles W. Coker, or either of them by the sheriff of said county of Sumter, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y. Ex. Dept.
573
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 8th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Sumter county, license No. 37, issued to William Mize on the 9th day of May, 1863, for the distillation of one thou- sand gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said William Mize by the sheriff of said county of Sumter, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 13th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Thomas county, license No. 91, issued to Thomas B. Little of said county, on the 19th day of September, 1863, for the distillation of seven hundred and fifty gallons of whiskey, also license No. 92, issued at the same time, authorizing said Little to distill two hundred and fifty gallons of alcohol for the
574
CONFEDERATE RECORDS
use of the people of said county, were this day revoked, a copy of which revocation was ordered to be served upon the said Thomas B. Little by the sheriff of said county of Thomas, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA, February 15th, 1864.
To GEORGE HARRISS, of the firm of HARRISS & HOWELL,
Wilmington, N. C.
Reposing special trust and confidence in your capacity and integrity, I hereby commission you as agent of the State of Georgia, to act for her in Wilmington in receiv- ing and storing, and under my instructions, exporting cot- ton for said State and receiving, storing and forwarding supplies for soldiers' clothing, blankets, military equip- ments, etc., imported for said State. This commission to continue in force till you are notified by me of its revoca- tion.
Given under my hand and Seal of the Executive De- partment at Milledgeville, the day and date above written.
JOSEPH E. BROWN.
575
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 17th, 1864.
It is agreed by and between Joseph E. Brown as Gov- ernor of Georgia, and not as an individual, and on behalf of this State, and W. P. Howard, of Bartow county, that the amount of damage done by the State Troops, under order from Gen'l. Wayne, to the property of said How- ard, in cutting and taking off timber, trees and shrubs from his land, and in constructing fortifications thereon at or near Etowah Bridge in said county, may be assessed and fixed by a special jury of said county in a case made before the Superior Court thereof at the next March term of said court; and that the State shall be represented by the Solicitor General of that Judicial District, and the said Howard by himself as counsel; and the State will pay such amount of damages as may be thus assessed.
(Signed) JOSEPH E. BROWN, Governor of Georgia.
(Signed) W. P. HOWARD.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 17th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of
576
CONFEDERATE RECORDS
Upson county, license No. 7, issued to Daniel Denham on the 11th day of March, 1863, for the distillation of two thousand gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of which revocation was ordered to be served upon the said Daniel Denham by the sheriff of said county of Upson, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 17th, 1864.
By order of His Excellency the Governor, and at the instance of the agent of the Medical Department of the Confederate States, the license issued to John A. Chap- man & Co., of Marion county, on the twenty-eighth day of October, 1863, authorizing him to distill ten thousand gallons of whiskey for the use of the Confederate Gov- ernment, was this day revoked, and a copy of which revo- cation ordered to be served upon the said John A. Chap- man & Co. by the sheriff of said county, or his deputy.
JOSEPH E. BROWN. By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
577
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 24th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Lowndes county, license No. 79, issued to Mitchell S. Grif- fin on the 27th of July, 1863, for the distillation of ten hundred and thirty-six gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said Griffin 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,
February 24th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Lowndes county, license No. 100, issued to Mitchell S. Griffin of Lowndes county, on the 17th day of October, 1863, authorizing him to distill one hundred gallons of alcohol for the use of the people of said county, was this
578
CONFEDERATE RECORDS
day revoked, and a copy of which revocation was ordered to be served upon the said Mitchell S. Griffin 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,
February 24th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Lowndes county, license No. 99, issued to Mitchell S. Griffin of said county, on the 17th day of October, 1863, authorizing him to distill one thousand gallons of whis- key for the use of the people of said county, was this day revoked, and a copy of which revocation was ordered to be served upon the said Mitchell S. Griffin by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y. Ex. Dept.
579
STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
February 26th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of Quitman county, license No. 52, issued to Joel Daws of said county on the 21st day of May, 1863, authorizing him to distill sixty gallons of alcohol for the use of the people of said county of Putnam, was this day revoked, a copy of which revocation was ordered to be served upon the said Joel Daws 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,
February 26th, 1864.
By order of His Excellency the Governor, and in com- pliance with the recommendation of the authorities of. Putnam county, license No. 51, issued to Joel Daws of said county, on the 21st day of May, 1863, authorizing him to distill nine hundred gallons of whiskey for the use of the people of said county of Putnam, was this day
580
CONFEDERATE RECORDS
revoked, a copy of which revocation was ordered to be served upon the said Joel Daws 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,
February 29th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Troup county, license No. 73, issued to Robert M. Young of said county, on the 11th day of July, 1863, authorizing him to distill two thousand gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said Robt. M. Young 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,
February 29th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Troup county,
581
STATE PAPERS OF GOVERNOR JOS. E. BROWN'
license No. 74, issued to Robert M. Young of said county, on the 11th day of July, 1863, authorizing him to distill three hundred and forty gallons of alcohol for the use of the people of said county, was this day revoked; a copy of which revocation was ordered to be served upon the said Robert M. Young 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,
March 1st, 1864.
This certifies that I have this day chartered the Steam- ers "Little Ada," "Florrie," "Little Hattie," "Lillian" and one other, now being built, from the Importing and Exporting Company of Georgia, to be used for the State in exporting cotton and other productions and commodi- ties and importing supplies for the State; and I have appointed Col. C. A. L. Lamar, the Agent of the State of Georgia, to take charge and conduct said importation and exportation for the State. He will be authorized agent of the State to load said vessels and obtain clearances from any custom houses in the Confederacy, and to re- ceive for the State inward cargoes.
JOSEPH E. BROWN.
582
CONFEDERATE RECORDS
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 3d, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Brooks county, license No. S, issued to George R. Frazer, of said county, on the 12th day of March, 1863, authorizing him to distill five hundred gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon the said George R. Frazer by the sheriff of Brooks county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 3d, 1864
By order of the Governor, and in compliance with the recommendation of the authorities of Taliaferro county, license No. 40, issued to Thomas S. Irby, of said county, on the 11th day of May, 1863, authorizing him to distill seven hundred gallons of whiskey for the use of the people of said county, was this day revoked, a copy
583
STATE PAPERS OF GOVERNOR JOS. E. BROWN
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.