USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 13
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Candler, Chandler, Chappell, Christy,
Clark,
Clement,
Cochran of Terrell,
Cochran of Wilkinson,
Cook, Cumming, Cutts, Cureton,
Davis of Jackson,
Dailey,
DeGraffenried, Dickey,
Dixon,
Dorminy,
Doyal, Driver, Dunn,
Dupree,
Ellington of Clayton, Ellington of Gilmer, .
Fowler, Freeman, Fraser, Felton, - Floyd,
Grant, Gordon, Gillis, Gibson, Gunnels, Giles, Goode of Houston,
Goode of Pickens, Glover, Graham, .
Henry, Horne,
Hill of Morgan,
Hill of Troup,
Holt of Bibb,
Hopkins, Humber,
Hudson of Brooks,
Hudson of Wilkinson,
Holmes,
Harris of Taliaferro,
Harris of Worth,
Hammond,
Howard of Towns,
Hand, Harlan,
Hood, Hail,
Irwin,
Johnson of Campbell, Johnson of Heard,
Johnson of Spalding,
Johnson of Wilcox, Jones of Columbia,
Jones, M. D., of Burke, Jordan,
Kelley, Kirkland, Kenan,
King of Rabun, King of Richmond, Kimbro, Knight,
.
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CONFEDERATE RECORDS
Lasseter,
Paulk,
Lewis of Dooly,
Logan of White, Logan of Bibb, Lovett, Luffman,
Perry,
Powell,
Puckett,
Quillian,
Middleton, Moore of Webster, Morel, Morgan, Morris,
Redding,
Reynolds, Richardson,
Ridley of Troup,
Riley of Lumpkin,
Mallard,
Maples, Marler,
Martin of Carroll,
Martin of Echols,
Martin of Habersham,
Matthews of Oglethorpe,
Matthews of Upson,
Mattox, McCroan, McCutchen, McDaniel,
McDuffie of Marion,
MeDuffie of Pulaski, McLeod, McRae of Montgomery, McRae of Telfair, Merrill,
Nash, Neal, Newsom,
Pafford, Parker of Murray, Parks, Patton,
Saffold, Sale,
Scruggs,
Sharpe, Shannon,
Sharman,
Shockley,
Simmons of Gwinnett, Simmons of Crawford, Singleton, Skelton, Smith of Coweta,
Solomon, Sorrels, Stapleton, Stephens, Stewart, Strickland,
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Murphry,
Roberts of Dooly, Roberts of Echols,
Roberts of Warren, Robinson of Laurens, Rogers of Gordon,
Rogers of Milton,
Rouse,
Pendleton, Penland,
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JOURNAL OF THE CONVENTION OF 1865
Taliaferro,
Thompson of Jackson,
Thompson of Gordon, Thompson of Haralson, Thomas, Trice, Turk, Turner of Campbell, Turner of Quitman, Turnipseed,
Whelchel, Williams of Baker,
Williams of Bryan,
Williams of Muscogee, Williamson of Haralson,
Williams of Harris,
Williams of Ware,
Wikle,
Willingham,
Wimberly, Womack, 1
Underwood,
Walker of Carroll,
Warren of Pulaski,
Wright of Dougherty,
Wright of Emanuel,
Watts,
Young,
Watson, Weaver,
Zachery.
So the motion was lost.
A message was received from His Excellency the Provisional Governor, by hand of his Secretary, L. H. Briscoe, Esq.
On motion the Convention took a recess until half past three o'clock, P. M.
3:30 O'Clock P. M.
The Convention re-assembled.
On motion of Mr. Blance the rule was suspended and the reading of the following message from the Provis- ional Governor ordered:
Warren of Houston, Watkins,
Wootten of DeKalb,
Wright of Coweta,
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CONFEDERATE RECORDS
EXECUTIVE OFFICE,
MILLEDGEVILLE, Oct. 31, 1865.
Gentlemen of the Convention :
I have the honor herewith to transmit to you copies of telegrams sent by me on Friday last to the Secretary of State and His Excellency the President of the United States.
These telegrams and the replies to them before com- municated, all exhibit the official intercourse I have had with the Government or any of its officers in relation to the debt of Georgia.
J. JOHNSON,
Provisional Governor of Georgia.
(COPY)
To HON. WM. H. SEWARD,
·
Secretary of State, Washington, D. C.
We are pressed on the war debt, what should the Convention do? -
J. JOHNSON,
Gov. Etc.
.
JOURNAL OF THE CONVENTION OF 1865
239
(COPY)
To His Excellency ANDREW JOHNSON,
Pres. U. S., Washington, D. C.
We need some aid to reject the war debt. Send me some word on the subject. What should the Conven- tion do? :
J. JOHNSON,
Prov. Gov. Ga.
On motion leave of absence was granted to Messrs. Cumming and Warner.
The consideration of the unfinished business being resumed, paragraph 2d of the 1st section of the 3d ar- ticle of the Constitution as amended, was read and adopted.
Mr. Hammond moved to amend the 3d paragraph of 1st section of the 4th article by striking out the words "at the seat of Government," and inserting in lieu thereof the words "at three places to be designated by the General Assembly for that purpose."
Mr. Floyd moved as a substitute the words "at such times and places as the General Assembly shall hereafter designate." Lost.
Mr. Hammond's amendment was lost.
The 3d paragraph as reported was adopted.
Mr. Christy moved as a substitute for the 1st para- graph of the 2d section of the 4th article, the following:
.
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CONFEDERATE RECORDS
The Judges of the Superior Courts shall be elected by the people of the several circuits on the first Wed- nesday in January next, and quadrennially thereafter, holding the office for the term of four years, or until their successors are 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.
Mr. Blance moved to lay the substitute on the table for the balance of the session. Carried.
Mr. Reese moved to strike out the words, "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 insert in lieu thereof the words "on the first Wednesday in January immediately after the ex- piration of the term for which they, or either of them, may have been appointed or elected from the circuits in which they are to serve by the people of the circuit qualified to vote for the members of the General Assem- bly for the term of four years, and no other election except that of Attorney or Solicitor General shall be held at the same time and place.
Pending the discussion whereon the Convention ad- journed until 9:30 o'clock a. m., to-morrow.
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WEDNESDAY, NOVEMBER 1ST, 1865,
9:30 O'CLOCK, A. M.
The Convention met pursuant to adjournment, and
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JOURNAL OF THE CONVENTION OF 1865
after prayer by Rev. Mr. Flinn, the journal of yester- day was read.
Mr. Matthews of Oglethorpe, moved to suspend the rule and allow the introduction of new matter.
The rule was suspended.
Mr. Matthews introduced the following resolution, which was read, but the Convention refusing to take it up it lies over under the rule ..
Resolved, That the committee of sixteen be, and is hereby, instructed to take into consideration the expe- diency of selling the Western and Atlantic Railroad, and applying the proceeds of the sale, or so much thereof as may be necessary, to the payment of the public debt of the State; or of dividing the capital stock of said road into shares and tendering the same, or so much thereof as may be necessary, to the creditors of the State in payment of their claims, according to the principles of justice and equity, and report to this Convention by ordinance or otherwise.
Mr. King of Richmond, chairman of the select com- mittee to whom was referred an ordinance to request and authorize the Provisional Governor of Georgia to borrow on the 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.
Reported the same back with the following amend- ments and recommends its passage :
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CONFEDERATE RECORDS
1st, To insert after the word "to" in the fifth line first section the words "repay the temporary loans made by him" as reported to the Convention.
2d, To add to the original bill the following :
And be it further ordained, That to facilitate the ne- gotiation of such loans in such sums and at such times as the wants of the State may require for the purposes aforesaid, the Governor is hereby authorized and re- quired to sign and issue drafts, notes or bonds, counter- signed by the Treasurer and payable at such times and on such terms and in such currency as may be deemed by him most conducive to the convenience and interests of the State; provided, that no obligation shall be con- tracted by him for a less time to run than twelve months, or for a longer time than five years; and provided, also, that on short securities not longer than twelve months to run, not exceeding a rate of ten per cent per annum shall be allowed; and provided further, that if said loan or any part of it be raised on bonds of more than one year to run, said bonds shall bear interest at the rate of seven per cent, payable half yearly, shall not exceed in the whole the sum of $500,000, and shall not be sold at a discount on the par value of more than ten per cent. And it is further provided, that this ordinance shall not be construed to restrict or control the legis- lature in the exercise of a sound discretion in making any loan for the foregoing purposes or any other want of the State.
The report of the committee was taken up, the amend- ments agreed to, and the ordinance as amended was read the third time and passed.
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JOURNAL OF THE CONVENTION OF 1865
Mr. Cook of Macon, introduced the following resolu- tion, which was read and lies over under the rule.
Resolved, That this Convention do hereby approve of and ratify the action of Joseph E. Brown, late Governor of this State, and of Provisional Governor James John- son, in disavowing the authority of the agent of the State in the sale of 1,650 bales of cotton in Savannah, in No- vember last.
Resolved, That His Excellency Provisional Governor Johnson, be, and he is hereby, authorized and required to adopt such measures and take such action as will se- cure and protect the interest of the State in said cotton.
Mr. Mallard introduced the following resolution, which was read and lies over under the rule :
Resolved, That no member of this Convention shall receive per diem compensation after leave of absence granted for the balance of the session, except said leave of absence be granted on account of sickness of himself or in his family.
Mr. Ridley, of Troup, offered the following resolu- tion :
Resolved, That the Hon. Permedus Reynolds, of the county of Newton, Dr. John F. Moreland, of the county of Troup, and the Hon. Anderson W. Redding, of the county of Harris, be, and the same are, hereby appointed a commission to examine into and report to the General Assembly, at its next session, the true condition of the finances of the State of Georgia, the appropriations which have been made and for what purposes, how much for the military and how much for the civil departments of the Government, since the first of January, 1861, what
244
CONFEDERATE RECORDS
amount of bonds and Treasury notes have been issued during the same period of time, and for what purposes and how directed; what investments have been made in cotton, stocks or other securities and by what authority such investments were made, and a minute account of the public debt of whatever character, and the resources of the State upon which she may rely to pay such in- debtedness, and that said committee have power to send for persons and papers.
And be it further resolved, That if either of the gen- tlemen above named shall fail to serve, then the remain- ing number of said commission shall have power to fill such vacancy so occurring; and that the General Assem- bly at its next session, make such appropriations as will compensate said committee for the services so performed.
The resolutions were read and lies over under the rule.
Mr. Barnes, chairman of the committee on enrollment, made the following
REPORT:
Mr. President : The committee on enrollment, re- port the following ordinances and resolutions as duly enrolled and ready for the signature of the President and attestation of the Secretary, to-wit:
An ordinance to prevent the levy and sale of the property of debtors under executions until the adjourn- ment of the first session of the next Legislature, or until the Legislature shall otherwise direct, if before 'that time.
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JOURNAL OF THE CONVENTION OF 1865
Also a resolution and accompanying ordinance, being a report from the committee of sixteen, in reference to a proposition from Brigadier General Tillson, Assistant Commissioner of Bureau Refugees Freedmen and Aban- doned Lands, appointing certain officers and other citi- zens as officers of said Bureau.
Also, a resolution that a committee of five be ap- pointed by the Chair to memorialize the President of the United States, in behalf of Jefferson Davis and others now confined as prisoners in Fort Pulaski, at the mouth of Savannah river.
Also, a memorial prepared by the committee ap- pointed under the above resolution.
Also, a resolution that the memorial prepared by the special committee in behalf of Mr. Davis and others, be signed by the President, and attested by the Secretary of this Convention, and transmitted to the President of the United States.
Mr. Cohen, of Chatham, introduced the following ordi- nance: An Ordinance to provide for the sale of the West- ern and Atlantic Railroad.
Be it ordained by the people of Georgia in Conven- tion assembled, That the Western & Atlantic Railroad, with all its appurtenances, is hereby valued at ten million two hundred thousand dollars, and shall be divided into shares of one hundred dollars each; and it shall be the duty of the Treasurer of this State to advertise said road for sale in all the papers published in this State for one month, allowing any and all citizens of this State, and no other persons, to take stock and pay for the same either in specie or the Treasury notes of the United
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CONFEDERATE RECORDS
States, or in the bonds of the State of Georgia, issued prior to the 19th of January, 1861, including one hun- dred thousand dollars of bonds issued after that date for stock in the Atlantic and Gulf Railroad at par, or in any of the bonds issued by the State after that time at sev- enty-five cents on the dollar, or in any of the Treasury notes of the State known as the notes payable in specie or eight per cent. bonds at seventy-five cents in the dol- lar, or in any of the Treasury notes known as six per cent. notes, payable in specie or six per cent. bonds, at thirty-three and one-third cents in the dollar, or in any of the notes of the State which were payable in Confed- erate States' Treasury notes, or in Confederate States' notes, and receivable in payment of public dues at nine- teen dollars in notes for one in stock, or in the Treasury certificates of the State issued in place of eight per cent. notes, or six per cent. notes, which shall be taken in lieu of the eight per cent. notes or the six per cent. notes which they represent, and at the same per cent. The above per cent. upon each State issued being its gold value at the date of the issue; provided, that each person or corpora- tion in this State subscribing for stock shall pay into the Treasury of the State two per cent. on the whole amount of stock taken in specie or the Treasury notes of the United States. And the Treasurer of this State is hereby authorized and required to issue to such purchasers scrip for one share for every one hundred dollars subscribed and paid for as aforesaid; and the Treasurer is hereby directed to mark "paid" and file away all State bonds or notes and certificates taken up as aforesaid, and keep them subject to the direction of the General Assembly, and it shall be his duty to keep a book of stock in which shall be entered the name of each person or corporation taking stock, with the county of their residence, and a
.
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JOURNAL OF THE CONVENTION OF 1865
statement of the kind of securities in which payment is received, and the Treasurer is hereby authorized to em- ploy such numbers of clerks to aid him in counting said securities and issuing said stock and the keeping said book as His Excellency, the Governor, may think neces- sary for that purpose.
And be it further ordained, That such portion of the stock as may remain unsold shall be the property of the State 'til sold, and the State, as such stockholders, shall enjoy all the rights and privileges of other stockholders, and may at all meetings of the stockholders be repre- sented by a commission appointed by the Governor for that purpose.
And be it further ordained, That so soon as five mil- lion dollars of said stock shall have been subscribed and paid for, the stockholders, including the State as such, until all the stock is taken be, and are hereby, declared to be a body corporate and politic, by the name and style of the Western & Atlantic Railroad Company, with all the rights, privileges and immunities of the Central Rail- road and Banking Company, except that said company shall have no banking privileges unless hereafter given by the Legislature, and the stock held by individuals and corporations shall be subject to taxation by the Leg- islature as other railroad stock in the State is taxed.
And be it further ordained, That so soon as said sum of five millions of dollars of said stock is subscribed and paid for, it shall be the duty of the Governor to give notice for thirty days, in one, two or more news- papers in this State, that an election will be held at the capitol of the State, on a day mentioned in said notice, for seven Directors to manage the affairs of said Western & Atlantic Railroad Company, at which election
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CONFEDERATE RECORDS
stockholders may vote in person or by proxy, each share represented at the meeeting being entitled to one vote.
And be it further ordained, That said board of direct- ors shall have the power to elect all officers necessary to the proper management of the affairs of the company, who shall hold their offices for one year, unless sooner removed for good cause by the board of directors, and until their successors are elected and qualified.
And be it further ordained, That the meeting of the stockholders shall be annual for the election of directors at Atlanta.
And be it further ordained, That said sale of said road and its appurtenances shall in no way effect any pledge or mortgage of the road heretofore made by the State for any part of the indebtedness, but said company shall hold said road subject to all such liens or mort- gages as the State may have given, till the debt intended to be secured thereby is entirely extinguished.
And be it further ordained, That no part of said State bonds or treasury notes issued since 19th January, 1861, shall be received in payment for said stock, or for any other purpose, unless they are presented at the treasury within four months after the date of the advertisement by the treasurer as hereinbefore directed to be made.
The ordinance was read twice, when Mr. Cohen moved to refer it to a select committee of seven.
Mr. Parrott moved its indefinite postponement.
The Chair decided the motion out of order.
Mr. Jenkins moved to lay the ordinance on the table
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JOURNAL OF THE CONVENTION OF 1865
for the present, and that the Convention resume the con- sideration of the unfinished business.
The motion was agreed to.
The unfinished business being taken up, the consid- eration of the amendment of Mr. Reese was resumed, when Mr. Hammond moved the following amendments to Mr. Reese's amendment:
By inserting between the words "by" and the words "the people," the words "a majority vote of;" by strik- ing out "four" and inserting "six" before the word "years" and by adding to the clause the words "vacan- cies to be filled as is provided by the laws of force prior to 1st January, 1861."
Mr. Reese accepted so much of the amendment as adds to the clause the words "vacancies to be filled as is provided by the laws of force prior to 1st January, 1861."
The motion was divided, and the motion to strike out "four" was lost.
The motion to insert "a majority vote of" was lost.
Mr. Dorsey moved to amend by striking out the words "the first Wednesday in January," and insert "the third Wednesday in July."
Mr. Hill, of Morgan, moved to amend by inserting "and the said Judges shall be required to alternate so as not to preside more than one regular term in two con- secutive years in the same county, the mode of alternat- ing to be prescribed by the Legislature." Which was lost.
Mr. Rawls moved to amend by striking out the words
.
-
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CONFEDERATE RECORDS
"and no other election except that of Attorney or Solici- tor-General shall be held at the same time and place."
The amendment was agreed to.
Mr. Cabaniss moved to amend by striking out the word "after" and inserting the word "before." Which was agreed to.
Mr. Dart, of Glynn, moved to insert after the word "January" in the first line, the words "until the Legis- lature shall otherwise direct." Which was agreed to.
Mr. Black, of Walker, offered the following as a sub- stitute :.
"The State shall be divided into ten Judicial Cir- cuits. There shall be one Judge of the Superior Court elected for each circuit, in such manner as the General Assembly may prescribe, for the term of years, who shall continue in office until his successor shall have been elected and qualified, removable by the Governor on the address of two-thirds of each branch of the Gen- eral Assembly, or by impeachment and conviction thereon." Lost.
Mr. Reese's amendment as amended was adopted, and the paragraph as amended was adopted.
Mr. Hammond moved to amend the second paragraph by inserting after the word "juries," the words "at two sessions of the court." Lost.
The paragraph as reported was adopted.
The 3rd, 4th, 5th, 6th, 7th, Sth, 9th, 10th and 11th paragraphs were read and adopted.
The 12th paragraph being under consideration, Mr.
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JOURNAL OF THE CONVENTION OF 1865
Cook moved to amend by inserting before the word "twice," the words "not less than."
Mr. Hansell offered the following as a substitute for the amendment of Mr. Cook:
After the word "year" the words "and as often as in the discretion of the presiding Judge may be necessary to dispose of the criminal business."
Pending the consideration of which the Convention took a recess until 3:30 o'clock P. M.
· 3:30 O'Clock, P. M.
The Convention re-assembled.
Mr. Hand moved a suspension of the rule to enable him to call up the resolution offered by him on Monday. Lost.
Mr. Wikle moved a like suspension, that he might offer a resolution calling on the Provisional Governor for additional information respecting the cotton belong- ing to the State which had been destroyed, etc. Lost.
The Convention proceeded to the consideration of the unfinished business-Mr. Hansell's substitute being the matter in order.
Mr. Boyd moved to amend the substitute by adding the words "upon the recommendation of the Grand Jury of the county where the called terms are to be held." Lost.
The substitute moved by Mr. Hansell was lost.
Mr. Cook's amendment was then agreed to, and the paragraph as amended was adopted.
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CONFEDERATE RECORDS
Paragraph 1st of the 3rd section having been read, Mr. Martin, of Habersham, moved to amend by inserting after the word "diminished" the words "nor increased," which was agreed to, and the paragraph thus amended was adopted.
In the second paragraph, Mr. Lamar moved to strike out the word "supreme" and insert the word "superior," which was agreed to.
Mr. Martin, of Habersham, moved to amend the same paragraph by inserting after the word "diminished" the words "nor increased." Agreed to.
The paragraph as amended was adopted.
Mr. Dowda moved the following substitute for the 3rd paragraph of the 3rd section of the 4th article :
"The inferior court of each county in this State shall consist of one Judge elected by the qualified voters of the county on the first Wednesday in January next, and quadriennially thereafter, and shall continue in office until his successor is elected and commissioned by the Governor."
Rejected.
The paragraph as reported by the committee was adopted.
Mr. Trice moved to amend the 4th paragraph by adding the following words: "And the Justices' Court shall have jurisdiction as to all matters of contract where the amount involved does not exceed one hundred dol- lars." Lost.
The 4th paragraph as reported, was then adopted.
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JOURNAL OF THE CONVENTION OF 1865
Mr. Williams, of Muscogee, moved to amend the 5th paragraph by inserting after the word "licenses" the words "and to here issue and determine writs of habeas corpus." Lost.
Mr. Turner, of Quitman, moved to amend the para- graph by conferring upon the Ordinaries authority to perform the marriage ceremony. Lost.
Mr. Goode, of Houston, moved to amend by striking out the figures "68" and inserting the figures "66."
Mr. Parrott moved to divide the question, which being agreed to the Convention refused to strike out.
Mr. Bethune moved to amend by striking out the words "Superior Court" and inserting after the words "the Clerk of the" the word "Ordinary." Also to strike out at the close of the sentence before the word "Ordi- nary" the words "the Clerk of the."
Mr. Bivins moved to amend by striking out the word "Clerk" wherever it occurs in the paragraph.
Mr. Hail called for the previous question, which call being sustained, the main question was then put and the paragraph as originally reported adopted.
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