USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 11
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Jefferson Davis was elevated to his high position by our suffrages, and in response to our wishes. We im- posed upon him a responsibility which he did not seek. Originally opposed to the sectional policy to which pub- lic opinion, with irresistible power, finally drove him, he became the exponent of our principles and the leader of our cause. He simply responded to the united voice of his section. If he, then, is guilty, so are we; we were the principals; he was our agent. Let not the retribu- tion of a mighty nation be visited upon his head, while we, who urged him to his destiny, are suffered to escape. The liberal clemency of the government has been ex- tended over us; we breathe the air and experience the blessings of freedom; we therefore ask that the leader who in response to the democratic instincts of his nature, the principles of his party and the solicitation of his section, became the head and front of our offending, shall not now be bruised for our iniquities or punished
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for our transgressions. Mr. Davis was not the leader of a feeble and temporary insurrection; he was the repre- sentative of great ideas, and the exponent of principles which stirred and consolidated a numerous and intelli- gent people. This people was not his dupe; they pur- sued the course which they adopted of their own free will, and he did not draw them on, but followed after them. It is for these reasons that we invoke the execu- tive clemency in his behalf. His frame is feeble; his health is delicate; all broken by the storms of State, he languished out in captivity a vicarious punishment for the acts of his people. Thousands of hearts are touched with his distress; thousands of prayers ascend to heaven for his relief. We invoke in his behalf the generous ex- ercise of the prerogative to pardon which the forms and principles of the Constitution offer as a beneficent in- strument to a merciful Executive.
We ask the continuance of that career of clemency which Your Excellency has begun, and which alone, we earnestly believe, can secure the true unity and lasting greatness of this nation. Dispensing that mercy which is inculcated by the example of our great Master on high, your name will be transmitted to your countrymen as one of the benefactors of mankind.
The Constitution of our country, renewed and forti- fied by your measures, will once more extend its pro- tection over a contented and happy people, founded, as it will be, upon consent and affection and resting, like the great arch of the Heavens, equally upon all.
Mr. Jenkins chairman of the committee of sixteen. made the following .
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REPORT:
The committee of sixteen, to whom was referred the message of the Provisional Governor, enclosing a com- munication from Brig .- Gen. Tillson, Asst. Commissioner of the Bureau of Freedmen, Refugees and abandoned lands, have had the same under consideration, and di- rect me to report the following resolution and ordinance :
Resolved by the Convention, That the wise and lib- eral proposition of Brig .- Gen. Tilson, Assistant Commis- sioner of the Freedmen's Bureau, to employ certain offi- cers of this State, as agents of said Bureau, to adjust difficulties between the white and colored people of this State, and to maintain the police of the country, be, and the same is, hereby accepted: and it is hereby ordained by this Convention, that the Justices of the Peace, Ordi- naries, and all other civil officers, or unofficial citizens of this State, are hereby authorized to perform such ser- vices as may be designated by said agent, in adjusting difficulties between the white and colored population of this State, in maintaining the police of the country, and other similar matters, whenever requested so to act by said superintendent.
The rules were suspended and the report of the com- mittee taken up, and the resolution and ordinance were read the second time.
The following message was received from His Ex- cellency, James Johnson, Provisional Governor of the State of Georgia, by L. H. Briscoe, his Secretary, to-wit:
MR. PRESIDENT: I am directed by the Governor to deliver to the Convention a communication in writing. (See page 48.)
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Mr. Black of Screven, moved to amend the report of the committee by striking out the words "the Justices of the Peace, Ordinaries, and all other civil officers and unofficial citizens of this State," and to insert in lieu thereof the words "any citizen of any county in the State."
Mr. Hook of Washington, moved to amend by adding the following proviso :
Provided, That nothing in this ordinance contained shall be understood in anywise to indicate the views of this Convention as to the character of witnesses here- after to be admitted in certain cases; it being the judg- ment of this body that this is a matter of legislative cognizance only.
Mr. Matthews of Oglethorpe, moved to amend the amendment of Mr. Black by inserting the word "pri- vate" before "citizen."
The following message was received from His Ex- cellency James Johnson, Provisional Governor of the State of Georgia, by L. H. Briscoe, his Secretary, to-wit :
MR. PRESIDENT: I am directed by the Governor to deliver to the Convention a communication in writing.
Which, on motion, the order having been suspended, was taken up and read:
(See page 49.)
Mr. Saffold of Morgan, called for the previous ques- tion, and the call being sustained, the vote was taken on the main question, and the report of the committee was adopted.
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The message of His Excellency the Provisional Gov- . ernor, showing the amount of money received and ex- pended by him since entering upon the discharge of his duties was taken up and read.
Also the communication from him enclosing certain telegrams from the President of the United States, was taken up, read, and on motion of Mr. Whitaker, was re- ferred to the committee of sixteen.
Mr. Saffold of Morgan, introduced the following or- dinance, which was taken up, read twice, and referred to the committee of sixteen.
AN ORDINANCE.
To declare null and void all laws of the State of Georgia by which money has been raised for the purpose of carrying on and sustaining the late war against the United States, and all notes, bills, bonds and con- tracts founded on the same.
Be it ordained by the people of Georgia, in Conven- tion assembled, That all laws which have been hereto- fore passed for the purpose of raising money to sus- tain and carry on the late war against the United States, are null and void; and that no Legislature hereafter to be assembled, shall levy any tax or make any appro- priation directly or indirectly, to pay any note, bill, bond or contract, founded on the same.
The Convention resumed the consideration of the unfinished business when Mr. Parrott offered the fol- lowing resolution :
Resolved, That the second article of the Constitution
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be recommitted to the committee of sixteen, and that the plan of reduction before the Convention and all others which may be suggested, shall be referred to said com- mittee with instructions to report a plan of reduction.
Adopted.
Mr. Parrott submitted the following plan of reduc- tion, which was referred to the committee of sixteen, in accordance with the above resolution.
The Senate shall be composed of thirty-three Sena- tors, one to be selected from each Senatorial District in this State, which Senatorial District shall be composed of four contiguous counties, and shall be designated by their respective numbers from one to thirty-three inclu- sive. Which Senators shall be elected on the first Wed- nesday in October, in the year 1866, by the persons quali- fied to vote for the most numerous branch of the Gen- eral Assembly.
Immediately after the Senators shall assemble in con- sequence of the first election as provided for in this Con- stitution, they shall be divided equally into three classes. The first class shall be composed of the following dis- tricts, to-wit:
Number 1, 3, 6, 9, 12, 15, 18, 21, 24, 27, and 30. The second class shall be composed of districts,
Number 2, 5, 8, 11, 14, 17, 20, 23, 26, 29, and 32; and the third class shall be composed of districts,
Number 4, 7, 10, 13, 16, 19, 22, 25, 28, 31 and 33.
The seats of the Senators of the first class shall be vacated at the expiration of the second year. The seat.s of the second class shall be vacated at the expiration of
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the fourth year, and the seats of the third class shall be vacated at the expiration of the sixth year, or when the successors of said Senators shall be elected and quali- fied.
An election shall be held in each Senatorial District, when vacancy shall occur in accordance with this Con- stitution, on the first Wednesday in October, every sec- ond year after the first election for Senators, shall be held to fill the vacancies occasioned by the expiration of Senatorial terms as provided for in this Constitution, said elections shall be held and returns made in accord- ance with the laws then of force in the State, and the Senators so elected to fill said vacancies shall serve for six years, or until their successors are elected and quali- fied.
The General Assembly, at its first session after the adjournment of this Convention, shall lay off, number and designate the Senatorial Districts of this State, as provided for in this Constitution.
Strike out 1st clause, 3d section, 2d article, and in- sert as follows:
The House of Representatives shall be composed as follows :
The thirty-two counties having the largest represen- tative population shall have one representative each. The remaining one hundred counties shall have one rep- resentative for every two counties. The designation of the counties having one representative each and the re- maining counties that shall have one representative for every two counties shall be made by the first General Assembly, which shall assemble after this Convention
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shall adjourn and shall not be again altered until im- mediately after the taking of each census.
The following amendment of Mr. Warren of Houston, was also referred to said committee of sixteen.
It is made the duty and is hereby enjoined upon the first legislature of this State, that shall meet under this Constitution, and before the term for which it is elected shall expire, to so by law reduce the number of the Gen- eral Assembly of this State, that the Senate shall not consist of more than thirty-five, and not less than thirty senators, and that the House of Representatives shall not consist of more than seventy and not less than sixty Representatives, after the official term of the first legis- lature elected under this Constitution, and that the two branches of the Legislature shall never consist of a greater or less number than herein prescribed, until they are increased or diminished by a change of this Constitu- tion for that purpose.
Mr. Barnes, chairman of the committee on enrollment, made the following
REPORT:
MR. PRESIDENT. The chairman of the committee on enrollment reports that the following ordinances have been properly enrolled, and are now ready for the sig- nature of the President and the attestation of the Secre- tary, to-wit :
An ordinance to repeal certain ordinances and reso- lutions therein mentioned, heretofore passed by the peo- ple of Georgia in Convention, and
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An ordinance to establish Congressional Districts, and to provide for certain elections.
Mr. Jenkins, chairman of the committee of sixteen, reported the following additional article of the Consti- tution, which being read twice, was taken up by sections and paragraphs.
ARTICLE III.
SECTION 1.
1. The executive power shall be vested in a Gov- ernor, the first of whom under this Constitution, shall hold the office from the time of his inauguration as by law provided, until the election and qualification of his successor. Each Governor subsequently elected shall hold the office for two years and until his successor shall be elected and qualified. He shall have a competent sal- ary, which shall not be increased or diminished during the time for which he shall have been elected; neither shall he receive within that time any other emolument from the United States, or either of them, nor from any foreign power.
2. The Governor shall be elected by the persons qualified to vote for members of the General Assembly, on the fifteenth day of November, in the year eighteen hundred and sixty-five, and bi-ennially thereafter, on the first Wednesday of October, until such time be al- tered by law, which election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly. The returns for every election of Governor shall be sealed up by the
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managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives; and transmitted to the Governor or the person exercising the duties of Governor for the time being; who shall, without opening the said returns, cause the same to be laid before the Senate, on the day after the two Houses shall have been organized, and they shall be transmitted by the Senate to the House of Rep- resentatives. The members of each branch of the Gen- eral Assembly shall convene in the Representative Cham- ber, and the President of the Senate, and the Speaker of the House of Representatives shall open and publish the returns in presence of the General Assembly; and the person having the majority of the whole number of votes given in shall be declared duly elected Governor of this State; but if no person have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an elec- tion at the time appointed for the Legislature to elect, the General Assembly shall immediately elect a Gov- ernor viva voce and in all cases of election of a Gov- ernor by the General Assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law.
3. No person shall be eligible to the office of Gov- ernor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained the age of thirty years.
4. In case of the death, resignation or disability of . the Governor, the President of the Senate shall exercise
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. the executive powers of the government until such disa- bility be removed, or a successor is elected and qualified. And in case of the death, resignation or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive power of the Government until the removal of the disability or the election and qualification of a Governor.
5. The Governor shall, before he enters on the du- ties of his office, take the following oath or affirmation : "I do solemnly swear, or affirm (as the case may be), that I will faithfully execute the office of Governor of the State of Georgia; and will, to the best of my abili- ties, preserve, protect and defend the Constitution thereof, and of the Constitution of the United States of America."
SECTION 2.
1. The Governor shall be Commander-in-Chief of the army and navy of this State, and of the militia thereof.
2. He shall have the power to grant reprieves for offences against the State, except in cases of impeach- ment, and to grant pardons or to remit any part of a sentence, in all cases after conviction, except for treason or murder, or other capital offences, in which cases he may respite the execution, and make report thereof to the next General Assembly.
3. He shall issue writs of elections to fill vacancies that happen in the Senate or House of Representatives, and shall have power to convene the General Assembly on extraordinary occasions; and shall give them, from
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time to time, information of the state of the republic, and recommend to their consideration such measures as he may deem necessary and expedient.
4. When any office shall become vacant by death, resignation or otherwise, the Governor shall have power to fill such vacancy unless otherwise provided for by law ; and persons so appointed shall continue in office until a successor is appointed agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
5. A person once rejected by the Senate shall not be reappointed by the Governor to the same office dur- ing the same session or the recess thereafter.
6. The Governor shall have the revision of all bills passed by both Houses, before the same shall become laws, but two-thirds of each House may pass a law not- withstanding his dissent; and if any bill shall not be re- turned by the Governor within five days (Sundays ex- cepted) after it has been presented to him, the same shall be a law, unless the General Assembly, by their adjournment, shall prevent its return. He may ap- prove any appropriation and disapprove any other ap- propriation in the same bill, and the latteral shall not be effectual unless passed by two-thirds of each House.
7. Every vote, resolution, or order, to which the concurrence of both Houses may be necessary, except on a question of election or adjournment, shall be pre- sented to the Governor; and before it shall take effect, be approved by him, or being disapproved, shall be re- passed by two-thirds of each House, according to the rules and limitations prescribed in case of a bill.
8. There shall be a Secretary of State, a Comp-
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troller General, a Treasurer and Surveyor General elected by the General Assembly, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, which shall not be increased or diminished during the period for which they shall have been elected. The General Assembly may at any time consolidate any two of these offices and require all the duties to be discharged by one officer.
9. The great seal of the State shall be deposited in the office of the Secretary of State, and shall not be af- fixed to any instrument of writing but by order of the Governor or General Assembly ; and that used previously to the year 1861, shall be the great seal of the State.
10. The Governor shall have power to appoint his own Secretaries, not exceeding two in number.
Mr. Simmons of Gwinnett, introduced the following resolution, and moved that the rules be suspended and the resolution taken up:
Resolved, That the committee of sixteen be instructed to report such amendments to the Constitution as will provide that no person shall be eligible to hold the office of Governor of this State, or a seat in either branch of the General Assembly thereof, or of Senator or Repre- sentative from this State in the Congress of the United States, for two consecutive terms.
The Convention refused to suspend the rule.
Mr. Hill of Morgan, moved to strike out the word "two," before yeas and insert in lieu thereof, the word "four," in the 1st paragraph of the 1st section of the 3rd article.
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Mr. Kenan moved to suspend the order and take up the report of the committee appointed to memorialize the President of the United States in behalf of Jefferson Davis, Alexander H. Stephens and others.
Agreed to.
Whereupon the report of the committee was adopted. Mr. Kenan introduced the following resolution :
Resolved, That the foregoing memorial, signed by the President, and attested by the Secretary of the Conven- tion, be transmitted to the President of the United States
Adopted.
On motion of Mr. Rawls the Convention took a recess until 3:30 o'clock this afternoon.
3:30 O'Clock, P. M.
The Convention reassembled.
On motion of Mr. deGraffenried, the rule was sus- pended, and he introduced the following resolution :
Resolved, That the President of this Convention ap- point a committee of five, to be styled the committee on the journals, whose duty it shall be to examine and ap- prove the daily journal of this Convention, before its sub- mission to the public printer for publication.
Adopted.
The President announced the following as that com- mittee :
Messrs. deGraffenried, of Baldwin, Roberts of Warren, Wright of Dougherty, Candler of DeKalb, Atkinson of Camden. -
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Leave of absence was granted to Messrs. Crawford of Greene, King of Greene, Johnson of Spalding, and Mc- Croan of Bulloch.
Mr. Boyd, under leave, introduced the following reso- lution :
Resolved by the people of Georgia in Convention as- sembled, That our Senators and Representatives in the next Congress of the United States be requested to urge upon the proper authorities, the early resumption of coin- ing gold in the branch mint at Dahlonega, Georgia.
Mr. Matthews, of Upson, introduced the following resolution :
Resolved, That the auditing committee be authorized to have 300 blanks printed for the use of said committee.
Adopted.
Mr. Hand, under leave, introduced the following reso- lution :
Resolved, That the 5th rule be amended by adding the words "nor shall any member be permitted to occupy the floor more than fifteen minutes at one time."
Mr. Giles, under leave, introduced the following ordi- nance, which being twice read, was referred to the com- mittee of sixteen :
AN ORDINANCE
To declare valid certain sales and investments made by, and payments made to executors, administrators, guar- dians and other trustees in this State.
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1. Be it ordained by the people of Georgia, in Con- vention assembled, That all sales and investments made by, and payments made to, executors, administrators, guardians and other trustees in this State, in good faith, in pursuance of the Acts of the Legislature of the State of Georgia, passed since the adoption of the ordinance commonly called the ordinance of secession, be and they are hereby declared valid.
Mr. Wright of Coweta, under leave, introduced the following resolution, which was agreed to :
Resolved, That the committee of sixteen, be instructed to report by ordinance or otherwise, some mode other than by the Governor, of the appointment or election of the officers and employees of the Western and Atlantie Railroad.
Mr. Hopkins, under leave, introduced the following resolution :
Resolved, That the Hon. Wm. M. Burwell, an old and highly respected citizen of Virginia, now present, be in- vited to a seat on this floor.
Agreed to.
The unfinished business which was the report of the committee of sixteen on the Constitution, being resumed and Mr. Hick's amendment being in order, on motion of Mr. Hansell the motion was divided and on the question to strike out the word "two" the yeas and nays were called for and ordered.
Those who voted in the affirmative were Messrs .:
Adair, Adams of Putnam, Alexander of Thomas,
Anderson of Chatham, Atkinson of Troup, Atkinson of Camden,
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Barksdale,
Barlow,
Barnes, Brassell,
Hudson of Brooks, Holmes, Harris of Clark, Harris of Hancock, Hook,
Baxter, Bell of Webster, Bethune, Blance,
Hand,
Hansell,
Harvey,
Black of Screven,
Black of Walker, Blount,
Brady, Brightwell,
Callaway,
Christy,
Cochran of Wilkinson, Cohen,
Covington,
Crawford of Decatur, Cumming, Cutts,
Dart,
Davis of Jackson, Doyal,
Dowda,
Moore of Webster,
Morgan,
DuBose,
Manning,
Marler,
Martin of Carroll,
Martin of Echols,
Martin of Habersham,
Matthews of Washington,
MeCrary,
McDuffie of Pulaski,
McIntyre, Merrill,
Neal,
Jones, R. T., of Burke, Jordan,
King of Richmond,
Lamar,
Lawson,
Lawrence,
Lewis of Greene,
Logan of Bibb,
Lovett,
Lloyd,
Driver,
Dunn,
Dupree,
Grant, Giles,
Glover,
Herring, Hill of Morgan, Hill of Troup, Holt of Bibb, Humber,
Harlan,
Hood,
Jenkins, Johnson of Clark,
Jones, M. D., of Burke,
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Norman,
Strickland,
Parrott, :
Thompson of Jackson, Thompson of Gordon,
Parks,
Patton,
Tison,
Pendleton,
Trice,
Redding,
Reese,
Walker of Carroll,
Riley of Taylor,
Walker of Richmond,
Robinson of Early,
Warren of Pulaski,
Rogers of Gordon,
Warren of Houston,
Rogers of Milton,
Ware, Winn,
Saffold,
Scott,
Scarlett,
Sharpe,
Shockley,
Wimberly,
Simmons of Gwinnett,
Simmons of Crawford,
Wright of Coweta,
Skelton,
Wright of Dougherty.
Smith of Coweta,
Yeas, 118.
Those who voted in the negative were Messrs .:
Adams of Elbert,
Bivins,
Allen,
Bower,
Alexander of Pike,
Bowen,
Anderson of Cobb,
Boyd,
Arnold of Henry, Arnold of Walton,
Brewer,
Ashley,
Brewton of Bulloch, Burts,
. Bacon,
Bush,
Bagley,
Barnett,
Cabaniss,
Bell of Forsyth,
Cameron,
Turner of Quitman,
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