USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 14
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Mr. Jenkins, chairman of the committee of sixteen, submitted the following
REPORT :
The committee of sixteen to whom the second article of the Constitution was recommitted with instructions to examine the various plans submitted to the Conven- tion for the reduction of the General Assembly, and that may be referred to them by the members of the Conveu-
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CONFEDERATE RECORDS
tion, and to report an amendment of said article for accomplishment of that object, respectfully submit the following :
That should the Convention adopt their suggestions relative to reduction, the scheme of the representation embraced in the article as first reported by them shall govern the representation in the General Assembly which shall first come under this Constitution, so amended as to fix that limit upon it. To be inserted after the first clause of the 2nd section of the 2nd article.
2. It shall be the duty of the General Assembly, at its first session after the adoption of this Constitution, to arrange the counties into thirty-three Senatorial Dis- tricts each, including four contiguous counties, and each of said districts shall be entitled to one Senator. If a new county be created it shall be added to a district which it adjoins. The Senatorial Districts may be changed by the General Assembly; but only at the first session after the taking of each successive census by the United States Government, and their number shall never be increased.
To be inserted after the first clause of the third sec- tion of the second article the following:
The House of Representatives of the second and all subsequent General Assemblies under this Constitution, shall be constituted as follows: Each of the thirty-six counties having the largest representative population, shall be a representative district. The remaining counties shall be arranged into representative districts, each including two contiguous counties, in such manner as will give the nearest approximation to equality in the population of the several districts so formed. If in the formation of the districts as above directed there be a
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county not being one of the thirty-six having the largest representative population, and not adjoining one of the class of smaller counties, not yet placed in representative district, it shall be added to that adjoining representative district which may have the lowest population numeri- cally. The designation of each county entitled to be a representative district and the arrangement of the other counties into districts shall be made anew by the first General Assembly after each successive census taken by the Government of the United States; if a new county be created it shall be attached to the adjoining repre- sentative district having the lowest representative popu- lation numerically, and the number of representative dis- tricts shall never exceed eighty-four.
If the clause reducing the Senate be adopted, the first clause of the second section of this article should be amended by striking out all before the words "the first district of" and inserting in lieu thereof the following:
"In the Senate first elected under this Constitution, there shall be forty-four Senators, each elected from a district constituted as follows," and the last sentence of that clause be stricken out.
If the clause reducing the House of Representatives be adopted, the first clause of the third section should be stricken out, and the following inserted in lieu thereof.
The House of Representatives of the first General Assembly under this Constitution, shall be composed as follows: The thirty-seven counties having the largest representative population shall have two representatives each, every other county shall have one representative.
Which being taken up, the 1st paragraph of the 2nd section of the 2nd article was read.
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Mr. Hansell moved to adopt the paragraph as re- ported by the committee, which motion prevailed.
The 1st paragraph of the 2nd section of the 2nd article being under consideration.
Mr. Jenkins moved to amend the 1st paragraph of the 2nd section of the 2nd article of the Constitution, by strik- ing out all before the words "the first district of" and inserting in lieu thereof the following: "In the Senate first elected under this Constitution, there shall be forty- four Senators, each elected from a district constituted as follows," which was adopted.
Mr. Jenkins also moved further to amend said para- graph by striking out the latter clause, to-wit :
"If a new county be established, it shall be added to a district which it adjoins. The Senatorial Districts may be changed by the General Assembly, but only at the first session after the taking of each new census by the United States Government, and their number shall never be increased." Which was agreed to.
The Convention then proceeded to the consideration of the 1st paragraph of the third section of the second article, as proposed to be amended by the report of the committee proposing reduction.
When Mr. Martin moved as a substitute for the para- graph the following: "The House of Representatives shall be composed of one Representative from each county in this State."
Pending the discussion which ensued, the Convention, on the motion of Mr. Harris, of Worth, adjourned until 9:30 o'clock A. M. tomorrow.
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JOURNAL OF THE CONVENTION OF 1865
THURSDAY, NOVEMBER 2, 1865.
9:30 O'CLOCK A. M.
The Convention met pursuant to adjournment, and after prayer by Mr. Lamar, a delegate from the county of Elbert, the Journal of yesterday was read.
Mr. Hansell gave notice that he should move to recon- sider so much of the Journal as records the rejection of the amendment proposed by him to the 4th paragraph, 2nd section, 11th article Constitution.
Mr. Thomas gave notice that he would move to recon- sider so much as refers to the adoption of the amendment inserting the words "nor increased," in the 1st para- graph, 3rd section, 4th article.
Mr. Goode gave notice that he should move to recon- sider the vote by which the motion to strike out "sixty- eight" and insert "sixty-six" was lost.
Mr. Parrott gave notice that he should move to recon- sider so much of the Journal of yesterday as relates to the action of the Convention upon the plan of reducing the Senate reported by the committee of sixteen under instructions.
Mr. Jenkins gave notice that he would move to recon- sider so much of the Journal as refers to the adoption of the amendments to the 1st paragraph, 2nd section, 2nd article of the Constitution as reported by the committee of sixteen in the plan of reduction.
Mr. Thomas moved to reconsider so much of the Journal of yesterday as records the action of the Con- vention agreeing to the amendment 1st paragraph, 3rd
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section, 4th article Constitution, inserting after the word "diminished" the words "nor increased."
The motion to reconsider was lost.
Mr. Hansell moved to reconsider so much of the Jour- nal of yesterday as records the action by which the amendment to the 4th paragraph of the 2nd section, 4th article of the Constitution, proposed by him, to strike out . all after the words "in cases," and insert the words "where the Judge is satisfied by evidence that an impar- tial trial cannot be had" was lost.
Mr. Goode, of Houston, moved to reconsider so much of the Journal of yesterday as refers to a vote by which the Convention refused to amend the 5th paragraph by striking out the figures "68" and inserting the figures "66."
The motion to reconsider was lost.
Mr. Parrott moved to reconsider so much of the Jour- nal of yesterday as relates to the action by which the plan of the committee of sixteen proposed for the reduc- tion of the Senate was agreed to.
The motion to reconsider was agreed to.
Mr. Jenkins moved to reconsider so much of the Jour- nal as relates to the action by which all before the words "the first district of" was stricken out in the 1st para- graph, 2nd section, 2nd article Constitution, and the fol- lowing words inserted in lieu thereof, the following: "In the Senate first elected under this Constitution there shall be forty-four Senators, each elected from a district con- stituted as follows :
The motion to reconsider was adopted, and on motion
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JOURNAL OF THE CONVENTION OF 1865
of Mr. Jenkins that part of the Journal was reconsid- ered, which records the action striking out the last clause of the same paragraph.
On motion of Mr. Matthews the rule was suspended in order to take up a resolution offered by him. The resolu- tion was amended by him to read as follows:
Resolved, That a committee of one from each judicial district, who are hereby instructed to take into considera- tion the necessity of providing for the temporary organi- zation of one or more militia companies in each county in the State, and report to this Convention by ordinance or otherwise.
The resolution as amended was adopted.
The following gentlemen were named by the chair, as forming said committee :
J. D. Matthews, Northern Circuit.
A. J. Hansell, Blue Ridge Circuit.
E. N. Atkinson, Brunswick Circuit.
Z. B. Trice, Chattahoochee Circuit.
Wm. Luffman, Cherokee Circuit.
N. J. Hammond, Coweta Circuit.
E. C. Anderson, Eastern Circuit. Murphy, Flint Circuit.
W. A. Harris, Macon Circuit.
A. C. Walker, Middle Circuit.
M. W. Lewis, Ocmulgee Circuit.
R. A. Turnipseed, Pataula Circuit.
J. R. Alexander, Southern Circuit.
G. J. Wright, Southwestern Circuit.
J. A. Blance, Tallapoosa Circuit.
Henry D. McDaniel. Western Circuit.
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CONFEDERATE RECORDS
Mr. Wikle moved to suspend the rule, to allow him to introduce a resolution. Agreed to.
Mr. Wikle introduced the following resolution, which was taken up, read and adopted :
The committee of seven to whom was referred the message of His Excellency James Johnson, and the docu- ments accompanying it on the subject of cotton and tobacco purchased by the State, desiring further informa- tion on that subject, it is
Resolved, That His Excellency the Governor, be re- quested to communicate to this Convention, if within his power to do so, how much money has been drawn from the treasury of this State with which to purchase cotton for the State, and how much with which to purchase tobacco, when, by whom, by what and by whose authority it was drawn, and in what kind of currency it was drawn, whether State or Confederate States money, bills or bonds, or what, and of different kinds of money, bills, or bonds, how much of each kind, and how much cotton and tobacco was purchased with the money of the State so drawn from the treasury, the number of bales and their weight, and when and from whom it was purchased, and at what price, and whether it was paid for in the same kind of currency, money or bonds that was so drawn from the treasury with which to purchase those articles? How many agents were employed by the State, and by whom employed to purchase the cotton and tobacco herein re- ferred to, and who they were, and where they now reside, and then resided, and what compensation, and how and in what it was paid them and each of them, and by whom, for their services; and also what portion of the cotton so purchased by the State has been sold, and by whom, and
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to whom sold, when, at what price, and for what currency it was sold, and what amount of State money issued since the war has been placed in the State treasury, and when, and by whom placed there, and what amount of such State money has been exchanged, for Confederate States bills or bonds, before and since it went into the treasury, and when, and by whom, and with whom, and especially what State officers or officials have made such exchange, and when and with whom, and to what amount each State officer or agent has thus exchanged, and what use has been made by all such officials or agents with the Con- federate money they thus acquired by such exchange?
Mr. Martin of Habersham, moved to suspend the rule, in order to allow him to introduce a resolution. Lost.
Mr. Barnes moved to suspend the rule to allow him to introduce a resolution.
On the motion to suspend, a majority voting in the affirmative, the Chair decided the rule suspended.
The correctness of the decision being questioned, the chair took the sense of the Convention upon the correct- ness of his decision, and it was sustained.
Mr. Barnes offered the following resolution, which was taken up and read:
Resolved, That the special committee of seven ap- pointed to take into consideration the subject of the cot- ton hitherto belonging to the State, while in session, shall have power to send for persons and papers.
Mr. Hill, of Morgan, moved to amend the resolution by adding :
"Provided, the committee shall not be required to sit
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during any recess of this Convention, or after its final adjournment.
Mr. Jones, of Burke, moved to lay the resolution and amendments on the table for the balance of the session. Lost.
Mr. Kenan moved the previous question.
The call was sustained, the main question was put, and the resolution was adopted.
The Convention then proceeded with the unfinished business, which was the consideration of the first para- graph, 3rd section, 2nd article, and the substitute of Mr. Martin.
Mr. Quillian moved to substitute the paragraph as it stood in the Constitution of 1861.
Mr. Dorsey moved to amend the substitute offered by Mr. Quillian by striking out the word "representative," and inserting the word "white."
Mr. Quillian withdrew his substitute, and moved to lay the whole report of the committee of sixteen, made under instructions, upon the table for the balance of the session.
Pending the discussion thereon, the Convention took a recess until 3:30 o'clock P. M.
3:30 O'CLOCK P. M.
The Convention re-assembled.
Mr. Hook moved a suspension of the rule to enable him to offer a resolution adding the name of Hon. A. S. Cutts, delegate from the county of Sumter, to the com-
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mittee of sixteen appointed this morning under the reso- lution of Mr. Matthews, of Oglethorpe.
The rule was suspended and the resolution adopted.
The Convention then proceeded with the unfinished business, which was the motion of Mr. Quillian to lay upon the table, for the balance of the session, the report of the committee of sixteen, made under instructions; when
Mr. Black, of Walker, called for the yeas and nays, and the call being seconded, the yeas and nays were ordered, and were as follows:
Those voting in the affirmative were, Messrs .:
Adams, of Elbert,
Cochran, of Wilkinson,
Allen,
Cole,
Ashley,
Colley,
Bacon,
Cook,
Bagley,
Black, of Screven,
Davis, of Floyd,
Bower,
Davis, of Jackson, .
Bowers,
Dailey,
Bowen,
DeGraffenried,
Brantley,
Dickey,
Brewer,
Dorminy,
Brewton, of Bulloch,
Dorsey,
Brightwell,
Douglass,
Burts,
DuBose,
Bush,
Ellington, of Clayton,
Cameron,
Ellington, of Gilmer,
Chandler,
England,
Christy,
Edwards,
Clark,
Cochran, of Terrell,
Fowler, Freeman,
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Callaway,
Cureton,
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CONFEDERATE RECORDS
Fraser,
Gordon, Gillis, Gunnels, Goode, of Pickens, Graham,
Henry, Horne, Hopkins,
Hudson, of Schley, Hudson, of Brooks,
Harris, of Clarke,
Harris, of Taliaferro,
Harris, of Worth, Hook, Highsmith, Hammond,
Howard, of Bartow,
Howard, of Towns, Hopps, Huie, of Clayton, Harvey,
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Jackson, Jenkins, Johnson, of Campbell, Johnson, of Clarke, Johnson, of Wilcox, Jones, of Columbia, Jones, R. T., of Burke,
Kelley, Kirkland, Kirksey, King, of Rabun, Kimbro, Knight,
Lamar, Lasseter,
Lawson, Lewis, of Dooly,
Logan, of White, Logan, of Bibb,
Logan, of Dawson,
Luffman,
Middleton,
Monroe,
Morris,
Mallard,
Maples,
Marler,
Martin, of Carroll,
Martin, of Echols,
Matthews, of Oglethorpe,
Matthews, of Washington,
Mattox
MeCrary,
McCroan,
McCutchen,
McGregor,
McIntyre,
McRae, of Montgomery,
McRae, of Telfair,
Nash, Neal, Newsom, Nichols,
Pafford, Parker, of Johnson, Parker, of Murray, Paulk,
Penland.
Perry, Powell,
Quillian,
Rawls,
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265
Reese, Richardson, Riley, of Taylor, Riley, of Lumpkin, Roberts, of Dooly,
Roberts, of Warren, Robinson, of Early, Rouse, Rumph
Walker of Carroll, Watkins,
Watts,
Weaver,
Sale,
Whitaker,
Seruggs,
Whelchel,
Sharpe,
Williams, of Bryan,
Sharman,
Williams, of Haralson.
Simmons, of Crawford,
· Wikle,
Singleton,
Willingham,
Smith, of Bryan,
Wimberly,
Sorrels,
Womack,
Stapleton,
Wootten, of DeKalb,
Stephens,
Wooten, of Terrell,
Strickland,
Wright, of Coweta,
Wright, of Dougherty,
Taliaferro,
Thompson, of Jackson,
Young.
Those voting in the negative were, Messrs .:
Adair, Adams, of Putnam,
Barksdale,
Barlow,
Alexander, o1 Pike,
Barnes,
Alexander, of Thomas,
Brassell,
Anderson, of Chatham,
Bell, or Forsyth,
Anderson, of Cobb, Arnold, of Henry,
Arnold, of Walton,
Bell, of Webster, Bethune, Bivins,
Atkinson, of Troup, Black, of Walker, Boyd,
Atkinson, of Camden,
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Thompson, of Haralson, Tison, Turk,
Turner, of Campbell,
Roberts, of Echols,
Turner, of Quitm'ın, Turnipseed, .
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CONFEDERATE RECORDS
Brady,
Cabaniss, Candler, Clement, Cohen, Crawford, of Decatur, Cutts,
Dixon, Doyal,
Moore, of Floyd,
Moore, of Webster,
Dowda,
Morel,
Driver,
Murphry,
Martin, of Habersham,
Dupree,
Felton,
Floyd,
Grant, Gibson, Giles,
Glover,
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Norman,
Parrott.
Parks,
Patton,
Pendleton,
Puckett,
Redding,
Reynolds,
Ridley, of Troup,
Robinson, of Laurens,
Rogers, of Gordon, Rogers, of Milton,
Hood,
Hail,
Irwin, Johnson, of Spalding, Jones, M. D., of Burke, Jordan,
Kenan, King, 01 Greene, King, of Richmond,
Lawrence, Lewis, of Greene, Lovett, Lloyd,
Dunn,
Matthews, of Upson, McDaniel,
McDuffie, of Marion, McDuffie, of Pulaski,
McLeod, Merrill.
Herring, Hill, of Morgan, Hill, of Troup, Holt, of Bibb, Humber, Holmes, Harris, of Hancock, Hand, Huie, of Fayette, Hansell, Harlan,
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Saffold, Scarlett, Shannon, Shockley,
Simmons, of Gwinnett. Skelton,
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Smith, of Coweta,
Solomon,
Warren, of Pulaski, Warren, of Houston, Winn, .
Stewart,
Thompson, of Gordon,
Williams, of Muscogee,
Thomas,
Williams, of Harris,
Trice,
Williams, of Ware,
Tucker,
Zachery.
Walker, of Richmond,
Yeas, 163; nays, 108.
So the motion prevailed.
On motion of Mr. Harris, of Worth, the original re- port of the committee of sixteen was then taken up at article 2nd, section 2nd and acted upon by sections and paragraphs.
Paragraphs 1, 2, 3 and 4 were read and adopted.
In the 1st paragraph of the 3rd section, Mr. Barnes moved to strike out the word "representative" preced- ing the word "population." Lost.
In the 2nd paragraph Mr. Williams, of Ware, moved to amend by adding the words "immediately preceding the day of election." Lost.
The paragraph as reported was adopted.
The 3rd, 4th and 5th paragraphs were adopted.
The 1, 2, 3, 4, 5, 6, 7, 8 and 9th paragraphs of the 4tli section were adopted.
The 1st paragraph of the 5th section was adopted.
Mr. Hill, of Morgan, moved to amend the second paragraph by striking out the words "at least two-thirds of the members present in each branch of the General
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Assembly" and inserting in lieu thereof the words "an unanimous vote of both houses only."
Mr. Barnes, of Columbia, moved as a substitute to Mr. Hill's amendment the words "two-thirds of the whole number of Senators and two-thirds of the whole number of Representatives."
Mr. Kenan moved the previous question which being sustained, the main question was put, and the paragraph as reported was adopted.
Mr. Candler moved to amend the third paragraph by adding the words "and shall provide for the early re- sumption of the regular exercises of the University of Georgia by the adequate endowment of the same." Agreed to.
The paragraph as amended was adopted.
The fourth paragraph was adopted.
Mr. Jenkins moved as a substitute for the fifth para- graph the following :
5. It shall be the duty of the General Assembly at its next session and thereafter as the public welfare may require, to provide by law for the government of free persons of color for the protection and security of their persons and property, guarding them and the State against any evil that may arise from their sudden emanci- pation, and prescribing in what cases their testimony may be admitted in the courts, for the regulation of their transactions with citizens; for the legalizing of their ex- isting and the contracting and solemnization of their future marital relations and connected therewith their rights of inheritance and testamentary capacity; and for the regulation or prohibition of their immigration into
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this State from the other States of the Union, or else- where; and further, it shall be the duty of the General Assembly to confer jurisdiction upon courts now existing or to create county courts with jurisdiction in criminal cases excepted from the exclusive jurisdiction of the Superior Court and in civil cases whereto free persons of color may be parties.
The substitute was adopted.
The first and second paragraphs of the 6th section were adopted.
In the third paragraph Mr. Parrott moved to strike out the words "granting a donation or gratuity in favor of any person."
The motion was lost and the paragraph as reported was adopted.
In the fourth paragraph Mr. McDuffie, of Marion, moved to strike out all after the word "city." Lost.
The paragraph as reported was adopted.
Mr. Jenkins, chairman of the committee of sixteen, reported the first article of the Constitution, with the following amendment to the 8th clause of the bill of rights, adding thereto the words "as heretofore practiced in Georgia."
The amendment was agreed to and the paragraph as amended was adopted.
Mr. Lloyd, of Chatham, moved a suspension of the rule that he might introduce the following resolution, which upon a further suspension of the rule, was taken up and adopted, to-wit:
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Resolved by the people of Georgia, in convention assembled, That we, the members of this Convention, in behalf of the whole people of Georgia, do invoke the kind consideration of His Excellency Andrew Johnson, President of the United States, in behalf of Josiah Tat- nall, a citizen of the State of Georgia, who has done his country good service, and earnestly pray that His Excel- lency will remove the disabilities under which he now labors and grant to him a full pardon, with restoration of the small property which he held at the time of his resignation from the Navy of the United States.
Resolved, That the foregoing resolution be signed by the President of this Convention, attested by the Secre- tary, and forwarded to His Excellency the President of the United States.
On motion of Mr. Adair, the Convention adjourned till 9:30 o'clock A. M. to-morrow.
FRIDAY, NOVEMBER 3, 1865.
9:30 O'CLOCK A. M.
The Convention met pursuant to adjournment, and after prayer by Rev. Mr. Flinn, the journal of yesterday was read.
Mr. Stapleton gave notice that he would move to re- consider so much of the journal of yesterday as refers to the adoption of the amendment of Mr. Candler to the 3rd paragraph, 5th section, 2nd article of the Consti- tution.
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Mr. Black, of Walker, gave notice that he would move to reconsider so much of the journal of yesterday as relates to the adoption of the resolution of Mr. Lloyd with respect to the pardon of Josiah Tatnall.
Mr. Stapleton moved to reconsider so much of the journal of yesterday as refers to the adoption of the amendment of Mr. Candler to the 3rd paragraph, 5th section, 2nd article of the Constitution.
On the motion to reconsider the yeas and nays were recorded and were as follows:
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Those who voted in the affirmative are: Messrs.
Adams, of Elbert,
Cochran, of Terrell,
Alexander, of Thomas, Ashley,
Crawford, of Decatur,
Dorminy,
Bacon,
, Dorsey,
Barlow,
Doyal,
Barnes,
Driver,
Barnett,
Ellington, of Clayton,
Bassell,
Ellington, of Gilmer,
Baxter,
Bell, of Webster,
Fowler,
Bethune,
Freeman, Fraser,
Black, of Walker,
Bower,
Grant,
Bowers,
Goode, of Pickens,
Bowen,
Herring, Horne,
Brady,
Hudson, of Schley,
Brewer,
Brightwell,
Bush,
- Harris, of Taliaferro, Harris, of Hancock, Hook, Highsmith,
Chandler,
Clark, ..
Howard, of Towns,
Bivins,
Boyd,
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CONFEDERATE RECORDS
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Hopps, Huie, of Clayton, Huie, of Fayette, ilarvey, Harlan, Hood, Hail,
Johnson, of Spalding, Jones, R. T., of Burke, Kelley, Kirkland,
Kirksey,
King, of Rabun, Kimbro, Lamar, Lasseter,
Lewis, or Dooly,
Lewis, of Greene,
Logan, of White,
Logan, of Dawson, Luffman,
Middleton, Monroe, Moore, of Webster, Morel,
Morgan, Morris,
Murphry,
Maples,
Martin, of Carroll,
Martin, of Echols,
Martin, of Habersham,
Matthews, of Washington, Mattox, McCroan,
MeCutchen, McDaniel, McDuffie, 01 Pulaski,
McIntyre, McRae, of Montgomery.
Neal, Newsom,
Pafford,
Parker, of Johnson,
Parker, of Murray,
Paulk,
Pendleton,
Penland,
Perry,
Powell,
Puckett,
Rawls,
Redding,
Reynolds,
Richardson,
Riley, of Lumpkin,
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