USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 12
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Williams of Ware, Wikle, Willingham,
Wootten of DeKalb,
Brantley,
L
0
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216
CONFEDERATE RECORDS
Candler,
Chandler,
Clark,
Clements,
Cochran of Terrell, Cole, Colley, Cook, Cureton,
Dailey,
DeGraffenried,
Dickey,
Dixon,
Dorminy,
Dorsey,
Douglass,
Ellington of Clayton, Ellington of Gilmer, England, Edwards,
Fowler,
Freeman,
Fraser,
Felton,
Floyd,
Gordon,
Gunnels, Goode of Houston, Goode of Pickens, Graham,
Henry, Horne,
Hopkins,
Hudson of Schley,
Hudson of Wilkinson,
Harris of Taliaferro,
Harris of Worth, Highsmith, Hammond,
Howard of Bartow,
Howard of Towns,
Hopps,
Hays,
Huie of Clayton,
Huie of Fayette,
Hail,
Irwin,
Jackson, Johnson of Spalding, Johnson of Heard,
Jones of Columbia,
Kelley,
Kirkland,
Kirksey,
Kenan,
King of Rabun,
Kimbro,
Knight,
Lassetter,
Lewis of Dooly,
Logan of White,
Logan of Dawson,
Luffman,
Middleton,
Monroe,
Moore of Floyd,
Morel,
Morris,
Murphry, Mallard,
Maples,
Matthews of Oglethorpe, Matthews of Upson,
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JOURNAL OF THE CONVENTION OF 1865
217
Mattox, McCroan, Mccutchen, McDaniel, McDuffie of Marion, McGregor, McLeod,
.
Seward, Shannon, Sharman,
Singleton, Smith of Bryan,
Solomon,
Sorrels,
McRae of Montgomery,
Stapleton,
McRae of Telfair,
Stephens, Stewart,
Nash,
Taliaferro,
Newsom, Nichols,
-
Thompson of Haralson, Thomas,
Pafford,
Parker of Johnson,
Turk, Turner of Campbell,
Parker of Murray, Paulk,
Turnipseed,
Penland,
Underwood,
Powell,
Watkins,
Puckett,
Warner,
Quillian,
Watts,
Rawls,
Weaver,
Reynolds,
Whitaker,
Richardson,
Whelchel,
Ridley of Troup,
Williams of Bryan,
Ridley of Jones,
Williams of Muscogee,
Riley of Lumpkin,
Williams of Haralson,
Roberts of Echols,
Womack,
Robinson of Laurens,
Wright of Emanuel,
Rouse, Rumph,
Young,
Sale,
Zachery.
Scruggs,
Nays, 162.
So the motion to strike out was lost.
Watson,
Roberts of Dooly,
Williams of Harris,
Roberts of Warren,
Wooten of Terrell,
218
CONFEDERATE RECORDS
Mr. Irwin moved to amend the 1st paragraph of the 1st section of the 3rd article by adding after the word "qualified" the words "and shall not be eligible to re- - election after the expiration of a second term for the period of four years."
Agreed to, and the paragraph as amended was adopted.
Paragraphs 2, 3, 4 and 5 were agreed to.
Paragraph 1st of the 2d section was adopted.
Mr. Hill, of Morgan, moved to amend paragraph 2d, by adding after the word "sentence" the words "or to commute by substituting some other punishment."
Lost.
The 3, 4, 5, 6, 7 and 8th paragraphs were agreed to.
Mr. Simmons moved to amend the 9th paragraph by adding at the end of the paragraph the words "until altered by law."
Lost.
The 10th paragraph was adopted. -
Mr. Kenan moved to take up the "Ordinance to re- quest and authorize the Provisional Governor of Georgia to borrow on credit of this State a sufficient sum of money to pay what may be due on the civil list, and what may become due thereon until by the collection of taxes the State may dispense with loans, and to extend the power to the Governor to be elected by the people in a certain contingency."
The ordinance was taken up and twice read.
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JOURNAL OF THE CONVENTION OF 1865
Mr. Kenan added the following amendment, which was agreed to:
"And that the bonds upon which such loans may be made shall be countersigned by the Treasurer."
Mr. Doyal proposed the following amendment :
And be it further Ordained, That to effect the loan aforesaid, the Provisional Governor be, and he is hereby, authorized to issue bonds of the State of Georgia in such amounts as may be deemed necessary, bearing interest at the rate of - - per cent. per annum, payable semi- annually, and to run for not more than five years, and to be negotiated at a discount not exceeding - per cent., and for the purpose aforesaid he is hereby author- ized to employ an agent at a compensation of not exceed- ing- dollars.
Mr. Hansell moved to fill the first blank with the word "eight." Lost.
Mr. Martin of Habersham, moved to fill with the words "not more than seven."
Agreed to. -
Mr. Doyal moved to fill the second blank with the words "twenty-five."
Lost.
Mr. Doyal moved then to fill with the word "ten." Agreed to.
Mr. Hill moved to amend by inserting after the word "necessary" the words "not to exceed five hundred thou- sand dollars."
Agreed to.
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CONFEDERATE RECORDS
Mr. Parrott moved to strike out all after the words "per cent." (last mentioned.)
Agreed to.
Mr. Barnes moved to insert after the word "annu- ally," the words "in national currency."
Pending which Mr. Jenkins moved that the original ordinance, with amendments, be referred to a special committee of three, with instructions to report tomorrow morning.
Agreed to.
The President appointed the following as that com- mittee :
Messrs. King of Richmond, Doyal of Spalding, Warner of Meriwether.
On motion the Convention adjourned until 9:30 o'clock a. m., tomorrow.
TUESDAY, OCTOBER 31ST, 1865,
9:30 O'CLOCK, A. M.
The Convention met pursuant to adjournment, and after prayer by Rev. Mr. Flinn, of this city, the journal of yesterday was read.
Mr. Harris of Worth, gave notice that he should move to reconsider so much of the journal of yesterday as re- fers to the Freedman's Bureau.
Mr. Thomas gave notice that he should move to re- consider so much of the journal of yesterday as records
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JOURNAL OF THE CONVENTION OF 1865
the action of the Convention on the 1st paragraph, 1st section, 3d Article of the Constitution.
On motion of Mr. Chappell of Muscogee, leave of absence was granted Mr. Holt of Muscogee, for the bal- ance of the session on account of sickness.
The following message was received from His Excel- lency 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, in response to a resolution of inquiry relative to certain cotton owned by the State of Georgia.
(See page 53.)
On motion of Mr. Kenan, the message was taken up and read together with the accompanying documents, and on motion of Mr. Wikle of the county of Bartow, were referred to a committee of seven, consisting of
Messrs. Wikle of Bartow, Cohen of Chatham, King of Richmond, Floyd of Newton, Warren of Houston, Adams of Putnam, Williams of Muscogee.
1
Mr. Cohen of Chatham, asked to be excused from serv- ing on said committee. Not excused.
Mr. Cook of Macon, moved to have 1,000 of the mes- sage and documents printed, which was lost.
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CONFEDERATE RECORDS
Mr. Cochran moved to print 325 copies.
Agreed to.
Mr. Morgan of Dougherty, introduced the following resolution, which was taken up, read and adopted :
WHEREAS, two telegrams, one from the President of the United States, and the other from his Secretary of State, have been received and read to this Convention, indicating in rather plain terms what course should be pursued by this Convention in relation to the State debt of Georgia, contracted to carry on the war, which tele- grams both refer to communications received from the Provisional Governor of this State. It is therefore
Resolved, That a committee of three be appointed from this body by the chair and required to call upon the Provisional Governor, James Johnson, for a copy of the telegrams sent by him to Washington, and all communica- tion between him and the department in Washington re- lating thereto.
The President announced the following committee under the above resolution : -
Messrs. Morgan of Dougherty,
Warren of Pulaski, Jordan of Jasper.
Mr. Mallard of Liberty, introduced the following reso- lution, which was read and laid over under the rule :
WHEREAS, rigid economy in the public expenditures is an element of strength in republican governments,
Resolved, That the multiplication of unnecessary offi- cers is condemned by the people of Georgia.
:
,
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JOURNAL OF THE CONVENTION OF 1865
Resolved, That this Convention respectfully but earn- estly recommends to the General Assembly, whose duty it shall be to fix by law the salaries of executive, legislative and judiciary officers, that said salaries ought not to exceed adequate compensation for services actually ren- dered.
Mr. Martin, of Habersham, introduced the following ordinance, which was twice read:
AN ORDINANCE
To legalize and make valid the civil and criminal laws in the Code of Georgia.
Be it ordained by the people of Georgia, in Conven- tion assembled, and it is hereby ordained by the authority of the same, That all laws and parts of laws both civil and criminal contained in the new code of Georgia, which are not repugnant, derogatory or in violation of the Con- stitution of the United States, nor the Constitution adopted by this Convention, and which have not been re- pealed or changed heretofore by the Legislature, be, and the same are, hereby declared and made valid and of full force and effect in the State of Georgia, and that the same shall so remain until changed, altered or modified by the Legislature of this State, except in such cases, if any, as may be changed or altered by this Convention.
Mr. Matthews of Oglethorpe, introduced the following resolution, which was read the first time :
Resolved, That the committee of sixteen be and is hereby instructed to take into consideration the necessity . of providing for the temporary organization of one or
224
CONFEDERATE RECORDS
more militia companies in each county in the State, and report to this Convention by ordinance or otherwise.
Mr. Parrott from the special committee to whom was referred an ordinance to prevent the levy and sale of the property of debtors under execution until the adjourn- ment of the first session of the next legislature, etc., re- ported the following ordinance, and recommended its adoption :
AN ORDINANCE
To prevent the levy and sale of the property of debtors under execution, until the adjournment of the first session of the next legislature or until otherwise directed, if before that time.
Be it ordained by the people of Georgia, in Conven- tion assembled, That there shall be no levy or sale of property of defendants in this State under execution, founded on any judgment, order or decree, except execu- tions for cost or rules against officers for money, and ex- cept in cases where defendants reside without the State have absconded, are absconding or are about to remove their property without the limits of any county in this State, until the adjournment of the first session of the next legislature, or until the legislature shall otherwise direct, if before that time.
Be it further ordained, That any officer or other per- son violating this ordinance, shall be guilty of trespass and liable to be sued in any court of this State having proper jurisdiction; and the measure of damages shall be the injury resulting to the injured party by reason of said trespass.
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JOURNAL OF THE CONVENTION OF 1865
Be it further ordained, That the statutes of limitation now of force in this State, be, and the same are, hereby suspended in all cases affected by this ordinance until the adjournment of the first session of the next legisla- ture, or until the legislature shall otherwise direct, if before that time.
The report of the committee was taken up and the ordinance read the third time.
Mr. McIntyre of Thomas, proposed the following as an additional section :
And be it further ordained, That the statutes of limi- tations in all cases, civil and criminal, be, and the same are, hereby declared to be and have been suspended from the 19th day of January, 1861, and shall continue until civil government is fully restored, or until the legislature shall otherwise direct.
The amendment was agreed to and the report of the committee as amended was adopted.
Mr. Cabaniss introduced the following ordinance which was read twice :
AN ORDINANCE
To provide for the payment of the officers and members of this Convention.
Be it ordained, That the sums of ten dollars per day be paid to the President of this Convention during the present session, and the sum of five dollars for every twenty miles of travel going to and returning from the seat of government, to be computed by the nearest route
226
CONFEDERATE RECORDS
usually travelled; the sum of six dollars each, per day, to the members of the Convention, and the sum of five dollars for every twenty miles of travel, going to and returning from the seat of government under the same rules which apply to the President; the sum of six dol- lars, each, per day, to the Doorkeeper, Messenger and Assistant Messenger, and the same mileage as is paid to the members of the Convention; and the sum of eight dol- lars per day to the Secretary, and seven dollars per day each to the Assistant Journalizing, Engrossing and En- rolling Clerks.
Mr. Jenkins, chairman of the committee of sixteen, reported the 4th article of the Constitution, which was taken up, read twice, and taken up by sections.
The article was as follows :
ARTICLE IV.
SECTION 1.
1. The Judicial powers of this State shall be vested in a Supreme Court, for the correction of errors, a Superior, Inferior, Ordinary and Justice's Courts, and in such other Courts as have been, or may be, established by law.
2. The Supreme Court shall consist of three Judges, who shall be elected by the General Assembly, for such term of years-not less than six-as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified; removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and conviction thereon.
.
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JOURNAL OF THE CONVENTION OF 1865
3. The said Court shall have no original jurisdic- tion, but shall be a Court alone for the trial and correc- tion of errors in law and equity from the Superior Courts of the several Circuits, from the City Courts of the cities of Savannah and Augusta, and such other like Courts as may be hereafter established in other cities; and shall sit "at the seat of Government" at such time or times in each year as the General Assembly shall prescribe, for the trial and determination of writs of error from the several Superior Courts included in such judicial dis- tricts.
4. The said Court shall dispose of and finally de- termine every case on the docket of such Court, at the first or second term after such writ of error brought; and in case the plaintiff in error shall not be prepared at the first term of such Court, after error brought, to prose- cute the case, unless precluded by some Providential cause from such prosecution, it shall be stricken from the docket and the judgment below affirmed. And in any case that may occur, the Court may, in its discretion, withhold its judgment until the term next after the argu- ment thereon.
SECTION 2.
1. The Judges of the Superior Courts shall be elected in the same manner as Judges of the Supreme Court, from the circuits in which they are to serve, for the term of four years, and shall continue in office until their suc- cessors shall be elected and qualified, removable by the Governor on the address of two-thirds of each branch of the General Assembly, or by impeachment and con- viction thereon.
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CONFEDERATE RECORDS
2. The Superior Court shall have exclusive jurisdic- tion in all cases of divorce, both total and partial; but no total divorce shall be granted except on the concurrent verdicts of two special juries. In each divorce case, the Court shall regulate the rights and disabilities of the parties.
3. The Superior Courts shall also have exclusive jurisdiction in all criminal cases, except as relates to fines for neglect of duty, contempts of Court, violation of road laws, obstructions of water courses, and in all other minor offenses which do not subject the offender or offen- ders to loss of life, limb or member, or to confinement in the penitentiary; jurisdiction of all such cases shall be vested in such County or Corporation Courts, or such other Courts, judicatures, or tribunals as now exist, or may hereafter be constituted, under such rules and regu- lations as the legislature may have directed, or may here- after by law direct.
4. All criminal cases shall be tried in the county where the crime was committed, except in cases where a jury can not be obtained.
5. The Superior Court shall have exclusive jurisdic- tion in all cases respecting titles to land, which shall be tried in the county where the land lies; and also in all equity causes which shall be tried in the county where one or more of the defendants reside, against whom substan- tial relief is prayed.
6. It shall have appellate jurisdiction, in all such cases as may be provided by law.
7. It shall have power to correct errors in inferior judicatories by writ of certiorari, and to grant new trials in the Superior Court on proper and legal grounds.
ยท
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JOURNAL OF THE CONVENTION OF 1865
8. It shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs, which may be necessary for carrying its powers fully into effect.
9. The Superior Court shall have jurisdiction in all other civil cases, and in them the General Assembly may give concurrent jurisdiction to the Inferior Court, or such other county courts as they may hereafter create, which cases shall be tried in the county where the party resides.
10. In cases of joint obligors, or joint promissors or co-partners, or joint trespassers residing in different counties, the suit may be brought in either county.
11. In case of a maker and indorser, or indorsers of promissory notes residing in different counties in this State, the same may be sued in the county where the maker resides.
12. The Superior Court shall sit in each county twice in every year, at such stated times as have been or may be appointed by the General Assembly, and the Inferior and County Court at such times as the General Assembly may direct.
SECTION 3.
1. The judges shall have salaries adequate to their services fixed by law, which shall not be diminished dur- ing their continuance in office; but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them.
2. There shall be a State's Attorney and Solicitors elected in the same manner as the Judges of the Supreme Court, and commissioned by the Governor, who shall hold
230
CONFEDERATE RECORDS
their offices for the term of four years, or until their suc- cessors shall be appointed and qualified, unless removed by sentence or impeachment, or by the Governor, on the address of two-thirds of each branch of the General As- sembly. They shall have salaries adequate to their services fixed by law, which shall not be diminished dur- ing their continuance in office.
3. The Justice or Justices of the Inferior Court, and the Judges of such other County Courts as may by law be created, shall be elected in each county by the persons entitled to vote for members of the General Assembly.
4. The Justices of the Peace shall be elected in each district by the persons entitled to vote for members of the General Assembly.
5. The powers of a Court of Ordinary and Probate shall be vested in an Ordinary for each county, from whose decisions there may be an appeal to the Superior Court, under regulations prescribed by law. The Ordi- nary shall be ex-officio clerk of said Court, and may ap- point a deputy clerk. The Ordinary, as clerk, or his deputy, may issue citations and grant temporary letters of administration, to hold until permanent letters are granted; and said Ordinary, as clerk, or his deputy, may grant marriage licenses. The Ordinaries in and for the respective counties shall be elected, as other county offi- cers are, on the first Wednesday in January, 1868, and every fourth year thereafter, and shall be commissioned by the Governor for the term of four years. In case of any vacancy of said, office of Ordinary, from any cause, the same shall be filled by election, as is provided in rela- tion to other county officers, and until the same is filled,
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JOURNAL OF THE CONVENTION OF 1865
the Clerk of the Superior Court for the time being, shall act as clerk of said Court of Ordinary.
Mr. Wright of Coweta, moved to suspend the rule for the purpose of allowing him to introduce a resolution, and accepted the amendment of Mr. Stapleton to allow the introduction of all new matter.
The rule was suspended.
Mr. Wright introduced the following resolution, which was read and lies over under the rule:
WHEREAS, a difference of opinion exists among the people of Georgia, as to the obligation resting upon them to pay the debt contracted for the purpose of carrying on the war; and whereas part of the debt of the State con- tracted during the war was for other purposes, about which there can be no difference, as in case of that part which was made in payment for stock in the Atlantic and Gulf Railroad, which stock is still the property of the State, and that part which was in payment of the salaries of judges and other public officers which was necessary to maintain government, and keep order at home during the war and that part which was for money to meet the calls of humanity upon the State. Be it therefore
Resolved, That a committee of three be appointed to ascertain what part of said debt was contracted for the purposes of carrying on the war and what part for other purposes, and that said committee report the fact to the General Assembly of this State for their action.
Mr. Rawls of Effingham, submitted the following reso- lution, which was read once and lies over under the rule.
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CONFEDERATE RECORDS
WHEREAS, by the misfortunes and result of the late war, the people of the State of Georgia have in a great measure been left moneyless and many of them without any reasonable prospect at an early day of making money ; and many, too, holders of large real estates, such as lands which are, from the embarrassed condition of the people, dormant and likely to remain so for some time to come; to the owners of which it would be a great sac- rifice to force a sale of such property at this time to meet the tax demands of the State and General Government; therefore
Resolved, That this Convention most respectfully rec- ommends for the consideration of the ensuing Legisla- ture, and urges upon them the passage of some bill based upon the credit of this State which will as far as practi- cable relieve the people of an immediate burdensome tax, both from the State and General Government, until the pecuniary condition of the country will better enable the people to otherwise meet these demands.
Mr. Harris, of Worth, moved to reconsider so much of the journal of yesterday as refers to the action of the Convention upon the communication of Brigadier Gen- eral Tillson, Acting Assistant Commissioner of Bureau of Refugees, Freedmen and Abandoned Lands, and the resolution and ordinance reported by the committee of sixteen upon that subject.
The chair decided the motion out of order.
Mr. Harris moved to suspend the rule in order to move the reconsideration at this time.
The Convention refused to suspend the rule.
The unfinished business being resumed, the 1st para-
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JOURNAL OF THE CONVENTION OF 1865
graph of the 1st section of the 4th article of the Constitu- tion was agreed to.
Mr. Hill of Morgan, moved to amend the 2d para- graph of the 1st section of the 4th article by inserting after the word "years" the words "not less than six years."
Agreed to.
Mr. Whitaker moved to amend the same paragraph by striking out the words "elected by the General Assem- bly" and inserting in lieu thereof the words "appointed by the Governor by and with the advice and consent of two-thirds of the Senate."
Upon which amendment he called the yeas and nays.
The yeas and nays were ordered and resulted-yeas, 61; nays, 208.
Those who voted in the affirmative are Messrs .:
Alexander of Thomas, Dart,
Anderson of Chatham,
Dorsey,
Anderson of Cobb,
Dowda,
Atkinson of Camden,
DuBose,
Barksdale,
Edwards,
Brassell,
Herring,
Blance,
Hudson of Schley,
Black of Sereven,
Harris of Clarke,
Boyd,
Harris of Hancock,
Brewton of Bulloch,
Hook,
Cohen,
Highsmith,
Cole,
Hopps,
Covington,
Hansell,
Crawford of Decatur,
Harvey,
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CONFEDERATE RECORDS
Jenkins,
Norman,
Johnson of Clark,
Parrott,
Kirksey,
Parker of Johnson,
King of Greene,
Rawls,
. Lamar,
Reese,
Lawson,
Lawrence,
Lewis of Greene,
Logan of Dawson, Lloyd,
Seward,
Scarlett,
Monroe,
Smith of Bryan,
Moore of Floyd,
Matthews of Washington,
Tison,
McCrary,
Walker of Richmond,
McGregor,
Whitaker,
McIntyre,
Winn.
Nichols,
Those who voted in the negative are Messrs .:
Adair, Adams of Elbert,
Bethune,
Bivins,
Adams of Putnam,
Black of Walker,
Allen,
Bower,
Alexander of Pike,
Bowers,
Arnold of Henry,
Blount,
Arnold of Walton,
Bowen,
Brady,
Ashley, Atkinson of Troup,
Brantley,
Bacon,
Brightwell,
Barnes,
Barnett,
Baxter,
Cabaniss,
Bell of Forsyth,
Bell of Webster,
Brewer,
Bagley,
Burts,
Bush,
Callaway, Cameron,
Robinson of Early, Rumph, -
Scott,
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JOURNAL OF THE CONVENTION OF 1865
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