USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 16
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JOURNAL OF THE CONVENTION OF 1865
Mr. Hill, of Morgan, moved to strike out the words "and that he had no attorney present in the court." Agreed to.
The ordinance as amended was adopted.
Mr. Hill, of Morgan, introduced the following ordi- nance, which was taken up, twice read and put upon its passage :
AN ORDINANCE
To authorize the courts of this State to adjust the equities between parties to contracts during the war against the United States, and to admit parole or other evi- dence to explain the same.
The people of Georgia in Convention assembled ordain as follows, That all private contracts made and executed in this State during the said war, including marriage contracts, and not in violation of the Constitution and laws of this State or of the United States, are hereby declared as binding and valid as if made during a state of peace.
It is further ordained, That all contracts made during said war, whether evidenced by bill, promissory note or other writing, and all contracts existing in parole or by implication, and not yet executed, shall receive an equita- ble construction, and either party in any suit for the re- covery of money upon any such contracts, may, upon trial, give in evidence the consideration whether it be original or immediate subject of the contract or both, upon which a recovery is sought, and may also prove the actual value of such consideration in good money, and the intention and understanding of the parties, as to the currency in
292
CONFEDERATE RECORDS
which payment was to be made, and the value of such currency at the time fixed for the payment, and also its value at the time of contracting, and judgment in such cases shall be rendered on equitable principles.
Mr. Dowda moved the following as a substitute :
AN ORDINANCE
To provide for the adjustment of all debts now existing in which Confederate money was the consideration, or the currency contemplated, and to regulate the admission of testimony in such cases.
Be it ordained, That all contracts or loans now ex- isting, entered into between parties during the late war in which Confederate money was the standard of valua- tion in reference to the thing contracted for, or where indebtedness arises from or by the loan of Confederate money, the same shall be satisfied by the payment in specie, or its equivalent in currency of an amount equal to the specie value of said Confederate money at the time of the maturity of said debt or debts.
Be it further ordained, That parole testimony, and all legitimate circumstances tending to show what was the consideration, or what currency was meant by the parties contracting, and what was the specie value of said cur- rency at the time of the maturity of said debt or debts, shall be admitted in all courts having jurisdiction in such cases in this State.
Mr. Chappell offered the following amendment to Mr. Hill's ordinance: After the word "contracts" to insert "and all contracts, whether in writing or not."
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On motion the ordinance, together with the substi- tute, was referred to a special committee of five, con- sisting of Messrs. Hill, of Morgan, Floyd, Chappell, Parrott, and Lewis, of Greene.
Mr. Barnes, chairman of the committee on enrollment, made the following report :
Mr. President: The following resolutions and ordi- nances are properly enrolled and ready for the signature of the President of the Convention and attestation of the Secretary.
An ordinance to request and authorize the Provisional Governor of Georgia to borrow money on the credit of this State, and to extend the power to the Governor to be elected by the people in a certain contingency. Also,
A resolution authorizing the Secretary to appoint an Assistant Secretary, enrolling and engrossing clerks, and for their qualification as required by the rule of this Convention. Also,
A resolution appointing Orme & Son printers for this Convention. Also,
A resolution that the State Treasurer be authorized to make certain advances to delegates of this Conven- tion. Also,
A resolution that His Excellency the Provisional Gov- ernor, be requested to communicate to the Convention at any time any facts in his possession that he may deem of public interest. Also,
A resolution that the Secretary of this Convention be authorized to employ three clerks to aid him in the dis- charge of the duties of his office. Also,
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A resolution asking the clemency of the President of the United States in behalf of Josiah Tattnall.
Mr. Matthews, of Oglethorpe, submitted the following report from the committee of seventeen :
Mr. Matthews, chairman of the committee of seven- teen, to whom was referred the consideration of the necessity of providing for the temporary organization of one or more militia companies in each county in this State, respectfully report the following preamble and resolutions, and recommend that they be adopted :
Whereas, many portions of this State are unprotected by the immediate presence of any of the military forces of the United States, and there exists an uneasiness in the public mind, under the apprehension that civil order may be disturbed by evil-minded persons associating themselves together, or otherwise, for the purpose of violence, and that the law may be obstructed in its ex- ecution, for want of adequate police force to enable the civil officers of the State to enforce the same; and whereas, this feeling of insecurity tends greatly to retard the resumption and prosecution of the various peaceful and industrial pursuits of the people necessary for their prosperity and happiness; therefore,
Resolved, by the people of Georgia in Convention assembled, That His Excellency the Governor, be, and is hereby earnestly requested to provide, by proclamation to the people to be issued as early as practicable, for the formation, in every county in this State, of one or more militia or volunteer companies, to act as a police force to suppress violence, to preserve order, and to aid the civil officers of this State, in the enforcement of the laws thereof, under such regulations, consistent with the Con-
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stitution and laws of the United States, and of this State, as he may prescribe; and that such organizations as may be under this resolution, to subsist until otherwise pro- vided by law.
Resolved second, That the foregoing preamble and resolutions be signed by the President and Secretary of this Convention, and that the President communicate a copy of the same to His Excellency James Johnson, Provisional Governor of Georgia, and forthwith trans- mit, through the Provisional Governor, the same by telegraph to His Excellency Andrew Johnson, President of the United States, and earnestly solicit his approval thereof.
The report was taken up, read and adopted.
On motion of Mr. Parrott, the Convention adjourned until 9:30 o'clock tomorrow.
SATURDAY, NOVEMBER 4th, 1865.
9:30 O'Clock A. M.
The Convention met pursuant to adjournment, and after prayer by the Rev. Mr. Flinn, the journal of yester- day was read.
Mr. Davis, of Jackson, gave notice that he would move to reconsider so much of the journal of yesterday as relates to the adoption of the preamble to the Con- stitution.
Mr. Reynolds gave notice that he should move to reconsider so much of the journal as relates to the adop-
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CONFEDERATE RECORDS
tion of the ordinance of Mr. Cabaniss "to provide for the payment of the officers and members of this Con- vention."
Mr. Burts gave notice that he should move to recon- sider so much of the journal as relates to the printing of 1,000 copies of the Constitution.
Mr. Hammond gave notice that he should move to reconsider so much of the journal as relates to the adop- tion of an ordinance "to ratify certain acts, judgments, and other proceedings therein mentioned."
Mr. Reynolds moved to reconsider so much of the journal of yesterday as relates to the adoption of an ordinance "to provide for the payment of the officers and members of this Convention."
The motion to reconsider was agreed to.
Mr. Reynolds moved to amend said ordinance by inserting the following words: "And that the Secretary and Assistant Secretary shall receive the same mileage as members."
Mr. Barnes moved as a substitute for Mr. Reynolds' amendment, that the sum of eight dollars per day be allowed the Secretary, and seven dollars each per day to the assistant engrossing clerks, and the other clerks, together with mileage, and the sum of seven dollars per day, with mileage, to the clerk of the committee of six- teen, and that a committee of three, to-wit: Messrs. deGraffenried, of Baldwin; Cochran, of Wilkinson, and Humber, of Putnam, be appointed to bring up the unfin- ished business after adjournment, and that they be paid additional per diem for not exceeding three days.
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Mr. Cabaniss moved further to amend by adding "that the sum of fifteen dollars be allowed to the messen- ger to meet contingent expenses."
Mr. Hill, of Morgan, moved to amend by striking out the word "fifteen" and inserting the words "fifty dollars, or so much thereof as may be necessary." Lost.
Mr. Reynolds moved to amend the ordinance further by inserting after the word "nearest" the word "practi- cable," and that the auditing committee be so instructed in computing the mileage.
Mr. Dorsey moved to amend by inserting after the word "nearest" the words "practicable public mail route" and striking out the words "usually travelled" in the original. Agreed to.
Mr. Redding moved the previous question. Lost.
Mr. Seward moved to amend by providing that the President of the Convention shall receive the sum of twelve dollars per diem. Agreed to.
Mr. Seward moved to amend by providing that the Secretary shall receive ten dollars per diem, the Assistant Secretary and Clerk shall receive eight dollars per diem each, the Messenger and Assistant Messenger and Door- keeper shall receive the sum of eight dollars each per diem. Agreed to.
Mr. Chappell called the previous question, and the call being sustained, the main question was put, and upon the adoption of the ordinance as amended, the yeas and nays were recorded and were:
Yeas, 92; nays, 167.
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CONFEDERATE RECORDS
Those who voted in the affirmative were: Messrs.
Allen, Anderson, of Chatham,
Howard, of Bartow, Hand,
Anderson, of Cobb,
Arnold, of Walton,
Ashley,
Atkinson, of Camden,
Bacon,
Barnes,
Brassell,
Lewis, of Dooly,
Baxter,
Lewis, of Greene,
Bell, of Forsyth,
Lloyd,
Blance,
Luffman,
Black, of Screven,
Moore, of Webster,
Bowers,
Morel,
Bowen,
Morris,
Boyd,
Martin, of Carroll,
Brewer,
Martin, of Echols,
Cameron,
Matthews, of Washington,
Chappell,
Mattox,
Cochran, of Terrell, Cohen,
McCroan,
Cole,
McLeod,
Colley,
McRae, of Montgomery,
Cook,
McRae, of Telfair,
Davis, of Jackson,
Dickey,
Neal,
Dorsey,
Newsom, Nichols,
Gillis,
Goode, of Houston,
Parrott,
Penland,
Hill, of Morgan, Hill, of Troup,
Hudson, of Wilkinson, Harris, of Taliaferro,
Harris, of Worth, Highsmith,
Jenkins, Jones, of Columbia,
Kirkland, Kirksey,
King, of Greene,
McCrary,
Merrill,
Rawls, Richardson, Ridley, of Troup, Riley, of Taylor, Riley, of Lumpkin,
299
JOURNAL OF THE CONVENTION OF 1865 -
Roberts, of Dooly, Roberts, of Warren, Rouse,
Walker, of Carroll,
Ware,
Whitaker, Whelchel,
Saffold,
Scruggs,
Seward,
Scarlett,
Smith, of Coweta,
Williams, of Muscogee, Williams, of Haralson, Wimberly,
Stapleton,
Stephens,
Wright, of Dougherty, Wright, of Emanuel.
Thompson, of Haralson,
Those who voted in the negative were: Messrs.
Adair, Adams, of Elbert,
Callaway, Candler,
Alexander, of Pike,
Chandler,
Alexander, of Thomas, Arnold, of Henry, Atkinson, of Troup,
Christy, Covington,
Crawford, of Decatur,
Bagley,
Barksdale,
Barlow,
Dart, Davis, of Floyd,
Bell, of Webster,
Dailey,
Bethune,
DeGraffenried, -
Bivins,
Black, of Walker,
Dixon, Dorminy, Dowda,
Bower,
Driver,
Brady, Brantley, Brewton, of Bulloch, Brightwell,
Dupree,
Burts,
Ellington, of Clayton, Ellington, of Gilmer England, Edwards,
.
.
Cabaniss,
DuBose.
Blount,
Cutts,
. Cureton,
Barnett,
Winn, Williams, of Baker,
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CONFEDERATE RECORDS
Fowler, Freeman, Felton, Floyd,
Grant, Gibson,
Gunnels,
Kimbro,
Giles, Goode, of Pickens,
Glover, Graham,
Lassetter,
Lawson,
Henry,
Herring,
Hopkins,
Humber,
.
Lovett,
Middleton,
Monroe,
Harris, of Clark,
Harris, of Hancock,
Murphry,
Hook, Hammond,
Martin, of Habersham,
Howard, of Towns,
Matthews, of Oglethorpe,
Hopps,
Matthews, of Upson,
Hays,
Mccutchen,
Huie, of Fayette, Hansell,
McDaniel,
McDuffie, of Marion,
Harvey,
McGregor,
Harlan,
Hood,
Hail,
Irwin,
Jackson, Johnson, of Campbell, Johnson, of Clark, Johnson, of Heard, Johnson, of Spalding,
Jones, M. D., of Burke, Jordan,
Kelley, 1
Kenan,
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King, of Rabun,
King, of Richmond,
Knight,
Lamar,
Lawrence,
Logan, of White,
Logan, of Bibb,
Logan, of Dawson,
Hudson, of Schley,
Hudson, of Brooks, Holmes,
Moore, of Floyd,
Marler,
McIntyre,
Nash,
Norman,
Pafford, Parker, of Johnson, Parker, of Murray,
Parks,
Patton,
Paulk,
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JOURNAL OF THE CONVENTION OF 1865
Pendleton,
Thompson, of Jackson,
Perry,
Thompson, of Gordon, Thomas,
Quillian,
Tison,
Redding,
Trice,
Reese,
Turk,
Reynolds,
Turner, of Campbell,
Roberts, of Echols,
Turner, of Quitman,
Robinson, of Early,
Turnipseed,
Robinson, of Laurens,
Underwood,
Rogers, of Gordon,
Rogers, of Milton. Rumph,
Warren, of Pulaski,
Warren, of Houston,
Sale,
Scott,
Watson,
Sharpe,
Weaver,
Sharman,
Williams, of Bryan,
Simmons, of Gwinnett,
Williams, of Harris,
Simmons, of Crawford,
Williams, of Ware,
Singleton,
Wikle,
Skelton,
Willingham,
Smith, of Bryan,
Womack,
Solomon,
Wootten, of DeKalb,
Sorrels,
Wooten, of Terrell,
Stewart,
Wright, of Coweia,
Strickland,
Young,
Taliaferro,
Zachery.
So the ordinance as amended was lost.
Leaves of absence were granted to Messrs. Atkinson. of Camden, Doyal, Dunn, Daley, England, R. T. Jones, of Burke, Maples, Norman, Scarlett, Edwards, and Wal- ker, of Richmond.
Mr. Davis, of. Jackson, moved to reconsider so much
.
Watkins,
Watts,
Shannon,
,
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CONFEDERATE RECORDS
of the journal of yesterday as relates to the adoption of the caption to the Constitution.
The Convention refused to reconsider.
Mr. Jenkins moved that the Constitution as adopted by sections and paragraphs should be taken up and finally read. Which was agreed to.
The first article of the Constitution was read, when Mr. Jenkins moved a suspension of the farther reading of the Constitution to enable Mr. Chappell to announce the death of the Hon. Hines Holt, late a delegate from the county of Muscogee, which he did in an elegant and appropriate manner, and concluded by introducing the following resolutions :
First. Resolved, That the members of the Conven- tion deeply lament the death of their late associate in this body, the Honorable Hines Holt, a delegate from the County of Muscogee, and tender to his bereaved family their heartfelt condolence.
Second. Resolved, That as a mark of respect for his memory and sorrow for his death, the members will wear the usual badge of mourning on the left arm for the space of thirty days.
Third. Resolved, That a committee of four members of this Convention be appointed by the President to superintend the arrangements touching the remains of the deceased and attend them from this city to his late home in the County of Muscogee.
Fourth. Resolved, That the members of the Con- vention will in a body attend the remains of the deceased, from his late lodgings in this city, to the railroad depot.
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JOURNAL OF THE CONVENTION OF 1865
Fifth. Resolved, That a copy of these resolutions be transmitted by the Secretary of the Convention to the family of the deceased.
Mr. Jenkins paid an eloquent and affecting tribute to the memory of the deceased and seconded the resolutions.
The following named delegates were appointed the committee under the third resolution :
Messrs. Williams, of Muscogee, · Trice, of Talbot, Bivins, of Marion, and Bagley, of Chattahoochee.
.
On motion of Mr. Chappell, the Convention adjourned until 9:30 o'clock A. M. on Monday.
MONDAY, NOVEMBER 6th, 1865.
9:30 O'Clock A. M.
The Convention met pursuant to adjournment, and after prayer by the Rev. Mr. Flinn, the journal of Satur- day was read.
Mr. Burts, by common consent, moved to reconsider so much of the journal of Friday as relates to the print- ing of one thousand copies of the Constitution, to enable him to propose an amendment thereto.
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The motion to reconsider prevailed.
Mr. Burts moved to amend the resolution by adding the words "all ordinances and resolutions."
Mr. Dorsey moved to amend the amendment by adding
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the words "of a public character passed up to the final adjournment."
The amendment of Mr. Burts as amended was agreed to, and the resolution as amended passed.
Mr. Hammond declined to move the reconsideration whereof he gave notice on Saturday. -
Mr. Thomas moved to suspend the rules to enable him to introduce a resolution.
The Convention refused to suspend.
The Convention proceeded with the unfinished busi- ness which was the reading of the Constitution.
The second, third, fourth and fifth articles were ac- cordingly read.
Mr. Jenkins moved the adoption of the Constitution.
Mr. Hill, of Morgan, asked Mr. Jenkins to withdraw his motion to enable Mr. Chappell to offer an amendment to the Constitution, an additional article, which was the ordinance introduced by him on Friday last, entitled "An Ordinance to annul the war debt and for other purposes."
The following message from His Excellency the Pro- visional Governor, by L. H. Briscoe, his Secretary, was received, read and referred with accompanying docu- ments to the committee of seven, whereof Mr. Wikle is chairman.
Mr. President: I am directed by the Governor to deliver to the Convention a communication in writing, with accompanying documents.
(See page 78.)
Mr. Chappell's ordinance was taken up and read and
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JOURNAL OF THE CONVENTION OF 1865
offered by him as an amendment to the Constitution. When Mr. Kenan moved the previous question.
The move being seconded the main question was put which was the adoption of the Constitution as read, and the Constitution was adopted.
Mr. Jenkins, chairman of the Committee of Sixteen. reported that the committee were unable to agree on the subject of the repudiation of the war debt and returned to the convention the ordinances and resolutions relating thereto which had been referred to said committee, and asked that the committee be discharged from the further consideration of that subject.
Mr. Chappell called up his ordinance, when Mr. Alex- ander, of Thomas moved as a substitute the following :
"An ordinance to declare the public debt of Georgia. created to promote the war of rebellion illegal, null and void."
Official information having been received that the President of the United States can not recognize the people of any State as having resumed the relations of loyalty to the Union that admits as legal obligations contracts or debts created by them to promote the war of the rebellion, it is therefore
Ordained by this Convention, That the debt of the State of Georgia, created for the purpose aforesaid is illegal, and therefore null and void.
Mr. Dart moved the following as a substitute :
An ordinance to provide for the payment of the pub- lic debt of the State of Georgia.
Be it ordained by this convention, That the ensuing
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CONFEDERATE RECORDS
Legislature of Georgia, be required to ascertain the pub- lic debt of the State of Georgia, and to provide for pay- ment of same by issuing bonds in equal sums at ten, twenty and thirty years, with interest at seven per cent. payable semi-annually. That the basis of such debts shall be the gold value at such times as said notes, bonds or certificates were disposed of or issued by the State authority.
Mr. Black of Screven, offered the following as a sub- stitute :
"The people of this State recognize the power of the United States Government to prescribe the terms of re- admission of the State of Georgia into the Union, and having received instructions from His Excellency, the President, and the Secretary of State of that Govern- ment, that the repudiation of the so-called war debt is a condition precedent thereto, and being desirous of such re-admission at the earliest possible day. And further, being desirous of discharging all of the consistent and binding obligations of this State;
Be it ordained, That the people of Georgia, recognize the binding effect of all their obligations and it is their desire to properly discharge them.
And be it further ordained, That the General Assem- bly of Georgia, be and is hereby directed to enact such necessary and proper laws as will reduce such war debt, and all other expenditures and issues of the State made during the existence of the late unhappy war, to a specie basis corresponding to their true value at the date or dates of issue and by law to make arrangements for the payment thereof. Provided, That if the next Congress of the United States shall refuse to re-admit the State
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into the Union by reason thereof, that then it shall be the duty of the General Assembly to repudiate the said debts as of necessity.
Mr. Lewis of Greene, rose to a point of order, that under the rule it was necessary to take a vote on the second substitute, which sustained a like relation to the original ordinance as an amendment before further sub- stitutes or amendments could be offered.
The point was sustained.
Mr. Hansell moved that the rule be modified so as to allow any member to offer whatever substitute or amend- ment he may choose in order that the opinions of mem- bers on the subject might be brought before the conven- tion.
Mr. Seward insisted that under the rule the motion of Mr. Hansell must lie over one day; so the motion of Mr. Hansell was not entertained.
Mr. Saffold moved that the original ordinance and substitutes and amendments be referred to a special committee with instructions to report at 3:30 o'clock, p. m. Lost.
Mr. Hammond of Fulton, offered the following as an amendment to the substitute of Mr. Alexander of Thomas :
"But while as loyal citizens of the United States, we bona fide acquiesce in the arbitrament of war which has decided that said debt is not a loyal obligation, at least certain parts of the same, as between the citizens of this State, constitute a debt of honor and should be paid upon an equitable basis of settlement." Lost.
Mr. Chappell amended his ordinance by striking out in the second Section the words "impartial and disinter-
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ested proof," and inserting in lieu thereof the words "competent testimony."
Mr. Seward moved to take up the original ordinance of Mr. Chappell by Sections, which was ruled out of order.
Mr. Simmons of Gwinnett, moved to strike out all after the caption of Mr. Chappell's ordinance and sub- stitute the following :
Be it ordained by the people of Georgia, in convention assembled, That it shall be the duty of the Legislature at the next session thereof to ascertain the specie value re- ceived by the State for each class of bonds, notes, etc., when negotiated or issued from the Treasury, during the late Civil War, and to provide by law for the payment thereof, with such interest as may be found just and right on each class, at such specie value; which payment may be provided for by a sale of such portion of the State property as may be necessary for that purpose by issu- ing new treasury notes, such as could be circulated as money among the people, for the redemption of those now outstanding, or State bonds payable at such future time as that the profits of the State road and other pub- lic property would be sufficient to pay the same at ma- turity or both, or by levying a tax payable in kind upon such outstanding treasury notes, for their redemption in whole or in part, or by such other means as that body may see fit to adopt; provided, That no tax except such tax in kind, payable in such outstanding treasury notes shall be levied upon the people to pay said debt, or any part thereof. And provided, further, That if the gov- ernment of the United States shall require the State of Georgia, as a condition precedent to her restoration to
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all her civil and political rights as a constituent member of the Federal Government, that she shall repudiate a part or the whole of her war debt, then, and in that event said war debt or such part thereof and all bonds, notes, certificates and other securities issued and now outstand- ing for the payment of the same, is and are hereby de- clared to be null and void to all intents and purposes whatever." Which motion was lost.
A vote was taken on the amendment of Mr. Black of Screven, and the amendment voted down.
Mr. Dart's substitute was lost.
Mr. Warren of Pulaski, moved as an amendment to Mr. Alexander's substitute to strike out all after the word "Rebellion" in the preamble, and insert in lieu thereof, the following :
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