USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 17
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"Be it therefore ordained by the people of Georgia in convention assembled, That all bonds, bills, treasury notes and other securities issued by the State of Geor- gia, or by any officer thereof to aid directly or indirectly in carrying on or supporting the late war against the United States, be, and they are each and all of them, hereby declared null and void, and the Legislature of this State is forever prohibited from recognizing the same or any part of them, or in any way, directly or indirectly, providing for the payment of the same or any part there- of." Which was lost.
Mr. Hill of Morgan, moved to amend the ordinance of Mr. Chappell by striking out in the second clause all after the words "carrying on the war" and inserting in lieu thereof, the following :
"Provided, That nothing herein contained shall pre-
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vent any Legislature hereafter to assemble from making appropriations of money for the payment of any claim against the State, originating after the 19th of January, 1861, where it shall be made clearly to appear that such claim was founded upon a consideration disconnected with any purpose of aiding or assisting the prosecution of the late war against the United States and not inci- dental to a state of war." Agreed to.
Mr. Cohen moved as a substitute for the whole the following: Whereas, The payment of the State debt, contracted for carrying on the war according to its in- trinsic value or the repudiation of the same, is a question of vital importance in which the people of Georgia are deeply interested, as on them will rest the responsibility of repudiation or the burthen of payment. And whereas, The said people have not yet had the opportunity of ex- pressing their opinions and will not have an opportunity to do so at the election to be held on the 15th of the pres- ent month. Be it therefore
Resolved, That the consideration of the whole subject be postponed for the present, and be specially referred to the Legislature to be elected in October, 1867.
Mr. Chappell moved to add the following amendment to the substitute offered by Mr. Alexander :
"Be it further ordained, That this ordinance shall be part of the Constitution and fundamental law of the State."
Mr. Kenan rose to a point of order : that the conven- tion having refused to incorporate the ordinance of Mr. Chappell, whereof the amendment proposed is a part, into
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the Constitution today, it is out of order now to move it again.
The point of order was over-ruled.
The convention took a recess until 3:30 o'clock, p. m.
3:30 O'Clock, P. M.
The convention re-assembled.
Leave of absence was granted to Mr. Ridley of Jones, on account of sickness.
Mr. Barnes, chairman of the Committee on Enroll- ment, reported as duly enrolled and ready for the signa- ture of the President the following ordinances and reso- lutions :
A resolution to print 500 copies of the report of Comptroller-General.
Resolutions on the death of the Hon. Benjamin H. Rice, delegate elect from the County of Quitman.
Resolution to add another to the rules of the con- vention.
Resolution from Auditing Committee to have 300 blanks printed.
Resolution asking Provisional Governor Johnson to furnish copies of his telegrams to Washington, respect- ing repudiation of war debt and all correspondence on the subject.
An ordinance to ratify certain acts, judgments and other proceedings therein mentioned.
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Resolutions in regard to the death of the Hon. Hines Holt.
A resolution authorizing the Committee of Seven, ap- pointed to take into consideration the subject of the cot- ton hitherto belonging to this State, to send for persons and papers.
Also, a resolution asking of His Excellency, James Johnson, additional information in regard to the pur- chase of cotton and tobacco to be communicated to Com- mittee of Seven, to whom was referred his message and accompanying documents.
Also, preamble and resolutions reported by Commit- tee of Seventeen, respecting organization of volunteer or militia companies.
Also, an ordinance to legalize contracts made by guardians, administrators, executors and trustees, with the freedmen for the benefit of their wards and estates, and to authorize said guardians, etc., to make such con- tracts until provided for by the Legislature.
Also, an ordinance making it the duty of the General Assembly of the State of Georgia, to provide for the support of indigent widows and orphans of deceased sol- diers of this State, and for other purposes therein named.
The convention proceeded to the consideration of the unfinished business, which was the amendment of Mr. Chappell to the substitute of Mr. Alexander, and after elaborate discussion, the amendment was lost.
Mr. Wright of Coweta, then moved that inasmuch as the amendment of Mr. Chappell to the substitute of Mr. Alexander had been rejected, that so much of the orig-
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313
inal ordinance introduced by Mr. Chappell as is in the same words, be stricken therefrom.
Upon which Mr. Seward called the yeas and nays, which were ordered and were as follows:
Yeas, 156; nays, 108. .
Those voting in the affirmative were: Messrs.
Alexander of Thomas, Cole,
Anderson of Chatham,
Cook,
Anderson of Cobb,
Covington,
Arnold of Walton,
Cureton,
Ashley,
Cutts,
Atkinson of Troup,
Atkinson of Camden,
Dart,
Bacon,
Barksdale,
Dailey,
Barnes,
DeGraffenried,
Barnett,
Dowda,
Baxter,
DuBose,
Bell of Forsyth,
Dupree,
Bell of Webster,
Ellington of Clayton,
Bethune,
England,
Blance,
Black of Screven,
Freeman,
Blount,
Felton, Floyd,
Brightwell, Burts,
Gillis, Gibson,
Cabaniss,
Gunnels, Goode of Houston,
Callaway, Candler, Chandler, Christy,
:
Graham,
Clement,
Cochran of Terrell, Cohen,
Horne, Hill of Troup, Holt of Bibb, Humber,
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Brewer,
Davis of Floyd,
Davis of Jackson,
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Hudson of Brooks, Holmes,
Harris of Clark,
Manning,
Marler,
Martin of Echols,
Matthews of Oglethorpe,
Matthews of Washington,
Hammond,
McCroan,
McDaniel,
McDuffie of Marion, -
Hansell,
McGregor,
Harvey,
McIntyre,
Hood,
McLeod,
McRae of Telfair,
Nash, Neal,
Parker of Johnson,
Parks,
Patton,
Pendleton,
Perry,
Puckett,
Rawls,
Reese,
Reynolds,
.
Ridley of Troup,
Roberts of Warren,
Robinson of Early,
.
Rogers of Milton,
Rouse,
Sale,
Scruggs,
Scott,
Sharpe, Shockley,
Simmons of Gwinnett. Simmons of Crawford,
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Hail,
Irwin,
Jackson, Jenkins,
Jones of Columbia, Jones, M. D., of Burke,
Kirksey,
Kenan, King of Greene, King of Richmond, Kimbro,
Lamar,
Lawson,
Lawrence,
Lewis of Greene,
Logan of White, Logan of Bibb, Logan of Dawson, Lovett, Lloyd,
Middleton, Moore of Floyd, Moore of Webster, Morgan,
Murphry, Mallard,
Harris of Taliaferro,
Harris of Hancock,
Harris of Worth,
Hook,
Howard of Bartow, Huie of Fayette,
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Skelton,
Warren of Pulaski,
Smith of Coweta,
Warner, Watson,
Solomon, Sorrels,
Whitaker,
Stapleton,
Winn,
Williams of Baker,
Stewart,
Williams of Harris,
Willingham,
Thompson of Jackson,
Wimberly,
Thomas,
Womack,
Tison,
Wootten of DeKalb,
Turner of Campbell,
Wooten of Terrell,
Turner of Quitman,
Wright of Coweta.
Turnipseed,
Wright of Dougherty,
Underwood,
Zachery.
Those voting in the negative were: Messrs.
Adair,
Crawford of Decatur,
Adams of Elbert,
Dickey,
Allen,
Dixon,
Alexander of Pike,
Dorminy,
Arnold of Henry,
Dorsey,
Barlow,
Douglass,
Brassell,
Driver,
Black of Walker,
Bower,
Ellington of Gilmer, Edwards,
Bowers,
Fowler,
Bowen,
Fraser,
Brady,
.
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Brantley,
Grant, Gordon, Giles, Goode of Pickens, Glover,
.
Brewton of Bulloch, Bush,
Chappell, Clark, Cochran of Wilkinson, Colley,
Henry, Herring, Hill of Morgan,
Stephens,
.
Boyd,
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CONFEDERATE RECORDS
Hopkins,
Hudson of Schley,
Hudson of Wilkinson, Highsmith, Howard of Towns,
Penland, Powell, Quillian,
Redding,
Hopps, Hand,
Riley of Lumpkin,
Roberts of Dooly,
Roberts of Echols,
Robinson of Laurens,
Johnson of Campbell,
Rogers of Gordon,
Johnson of Heard,
Johnson of Spalding, Jordan,
Saffold,
Seward,
Kelley,
King of Rabun,
Knight,
Singleton,
Lewis of Dooly,
Strickland,
Luffman,
Taliaferro,
Monroe,
Thompson of Gordon,
Morel,
Thompson of Haralson,
Morris,
Walker of Carroll,
Martin of Carroll,
Warren of Houston,
Martin of Habersham,
Matthews of Upson,
Ware,
Mattox,
Watts,
McCrary,
Weaver,
Mccutchen,
Whelchel,
McRae of Montgomery, Merrill,
Williams of Bryan,
Newsom,
Williams of Ware,
Pafford,
Wikle,
Parrott,
Wright of Emanuel,
Paulk,
Young.
So the motion prevailed.
On motion the convention adjourned until 9:30 o'clock, a. m., tomorrow. .
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Richardson,
Huie of Clayton, Harlan,
Rumph,
Shannon,
Sharman,
Lasseter,
Smith of Bryan,
Watkins,
Williams of Haralson,
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TUESDAY, NOVEMBER 7TH, 1865,
9:30 O'CLOCK, A. M.
The Convention met pursuant to adjournment, and after prayer by the Rev. Mr. Flinn, the journal of yes- terday was read.
Mr. Chappell gave notice that he should move to re- consider so much of the journal of yesterday as records the action of the Convention striking out the clause in the ordinance offered by him, making said ordinance part of the Constitution of the State.
Mr. Barnes, chairman of the committee on enroll- ment, reported as duly enrolled and ready for the sig- nature of the President the following ordinances and resolutions :
Resolution requesting one thousand copies of the Constitution, and all ordinances and resolutions of a public character, to be printed for the use of the mem- bers of the Convention.
A resolution tendering the Hon. Wm. M. Burwell a seat on this floor.
A resolution authorizing the President of this Con- vention to appoint a committee of five, to be styled the committee on journals.
A resolution tendering seats to ex-Governor Joseph E. Brown, and others.
A resolution in relation to drawing for seats.
A resolution that committee of sixteen take into con-
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sideration the necessity of providing temporary organi- zations of militia in each county. Also,
A resolution to recommit the second article of the Constitution to the committee of sixteen, with instruc- tions to report a plan of reduction. Also,
A resolution adopting the rules of the Convention of 1861 for the government of this Convention. Also,
A resolution to substitute as a rule of this Conven- tion in lieu of existing rule on the subject. Also,
A resolution authorizing the President of the Con- vention to appoint enrolling and auditing committees. Also the Constitution of the State of Georgia.
Mr. Hill, chairman of the committee of five, to whom was referred "an ordinance to authorize the Courts of this State to adjust the equities between parties to con- tracts made during the war against the United States, and to admit parol or other evidence to explain the same," reported the following as a substitute therefor, and recommended the adoption of the substitute :
AN ORDINANCE
To make valid private contracts entered into and exe- cuted during the war against the United States, and to authorize the courts of this State to adjust the equities between parties to contracts made, but not executed, and to authorize settlements of such con- tracts by persons acting in a fiduciary character.
Section 1. The people of Georgia, in Convention as- sembled, do ordain, That all private contracts made and
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executed during the war against the United States, and not in violation of the Constitution and laws of this State, or of the United States, shall be as valid and bind- ing as if made and executed before hostilities commenced.
Sec. 2. And it is further ordained, That all contracts made during said war whether expressed in writing or implied, or existing in parol and not yet executed, shall receive an equitable construction, and either party in any suit for the enforcement of any such contract, may upon the trial give in evidence the consideration and the value thereof at any time and the intention of the par- ties as to the particular currency in which payment was to be made, and the value of such currency at any time, and the verdict and judgment rendered shall be on princi- ples of equity.
Sec. 3. And it is further ordained, That executors, administrators, guardians and trustees, shall have power to settle or compromise all claims or evidences of debt, in their possession created since the 19th day of Janu- ary, 1861, contracted with reference to payment in Con- federate States of America Treasury notes or other eur- rency of a depreciated value, and accept in satisfaction of such indebtedness the fair and reasonable value of such claims.
Which on motion of Mr. Warren, lies over under the rule.
Leaves of absence was granted for the balance of the session to Messrs. Hammond, Jackson of Whitfield. Me- Leod, and Wright of Emanuel, Hopkins, Rumph, and Powell of Fannin.
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Mr. Nichols moved to suspend the rule to allow him to introduce an ordinance. Granted.
Mr. Nichols introduced the following :
Be it ordained by the people of Georgia, in Conven- tion assembled, That the voters of those counties of the State of Georgia, in which from the short notice given, elections for members of the General Assembly cannot be held on the 15th inst., as provided by the Constitu- tion, be and they are hereby authorized to hold said elec- tions on Saturday the 25th inst., and that the members elected as aforesaid be allowed to take their seats at the earliest practicable day after the General Assembly shall convene, under the same rules and regulations as if they were elected on the day first aforesaid.
And be it further ordained, That three hundred cop- ies of this ordinance be printed for the use of the mem- bers of this Convention.
The rule was on motion of Mr. Nichols suspended, the ordinance taken up, read three times and put upon its passage.
Mr. Hopkins moved to amend by including all elec- tions.
Mr. Candler moved the previous question, which be- ing sustained, the main question was put, and the origi- nal ordinance adopted.
Mr. Jenkins, chairman of the committee of sixteen, submitted the following resolution, and asked the adop- tion of the same-the rule suspended, the report agreed to and the resolution adopted :
In view of the changed relations of the citizens of
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this State, to the large number of persons recently held by them as slaves, but now recognized as freedmen, and of the imperative obligation resting upon the former to give efficient protection to the latter, and to promote among them the observance of law and order, habits of industry and moral improvement.
1st. Be it resolved, That a commission of five per- sons, viz: Messrs. Ebenezer Starnes of Richmond, Lin- ton Stephens of Hancock, Wm. Hope Hull of Clarke, Lo- gan E. Bleckley of Atlanta, and Lewis N. Whittle of Bibb, be and they are hereby appointed forthwith to prepare and report to the Governor at the earliest practicable day, to be laid before the General Assembly at the next session, a code or system of laws to carry into effect the fifth paragraph of the third section of the second article, and the third clause of the second section of the fourth article of the Constitution adopted by this Convention, and that they be requested to meet at Milledgeville on the 13th instant.
2. That any three of said commissioners may act and may in their discretion fill vacancies in their own body occasioned by the non-acceptance or resignation of any member of it, and that this resolution be communi- cated by the Secretary to each commissioner.
3. That the General Assembly be requested to make provision for their compensation.
Mr. Jenkins, chairman of the committee of sixteen, reported the following resolutions and recommended their adoption :
Resolved, That the repealing ordinance, the Consti- tution and all other ordinances adopted by this Conven-
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tion, when signed by the President and countersigned by the Secretary, be presented to His Excellency the Pro- visional Governor, with a request that he cause the same to be sealed with the great seal of the State, adopted by this Convention, filed in the office of Secretary of State, and by him recorded in a book suitable to the perma- nent preservation of the same.
2d. Resolved, That a second copy of the said repeal- ing ordinance and of the Constitution, signed, counter- signed and sealed as aforesaid, be placed in the hands of His Excellency the Governor, as well as a second copy of any other ordinance designated by him for the pur- pose of being transmitted to His Excellency the Presi- dent of the United States, together with a copy signed and countersigned as aforesaid, of the address to the Presi- dent, adopted by the Convention.
3d. Resolved, That the journal of this Convention be deposited in the office of the Secretary of State, and that thirteen hundred copies thereof be printed and dis- tributed as follows: one copy to each member of the Convention, one to each member of the next General As- sembly, one to each Judge of the Supreme and Superior courts, and one to the Ordinary of each county; and that to said copy of the Journal so printed there be added an appendix, containing the Constitution, ordinances and resolutions adopted by this Convention, together with an index.
4th. Resolved, That Messrs. deGraffenried of Bald- win, Humber of Putnam, and Cochran of Wilkinson, be a committee to bring up the unfinished business of the Convention.
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The report was taken up, when Mr. Humber asked to be excused from serving on the committee appointed in the fourth resolution.
He was excused and Mr. Blount of Jones, substituted in his place.
On motion of Mr. Hill of Morgan, the third resolution was amended by adding after the word "ordinary," the words "the Clerks of the Superior and Inferior Courts."
The report was agreed to and the resolutions as amended were adopted.
Mr. Jenkins, chairman of the committee of sixteen, made the following report:
The committee of sixteen, to whom was referred an ordinance to provide for the payment of Ordinaries and Clerks of the Superior courts of this State, for certain services rendered by said officers, report: That in their opinion the object contemplated is a good one and that justice requires that the services referred to be promptly and fairly compensated, but they believe that the duty of compensation rests upon the General Assembly rather than upon this Convention. They therefore advise that the following resolution be passed in lieu of the ordi- nance reported :
Resolved, That in the opinion of this Convention it is incumbent on the General Assembly soon to meet to make early and just compensation to the Ordinaries and Clerks of the courts of the several counties for services ren- dered in administering to citizens the amnesty oath pre- scribed in the President's Proclamation, as directed by
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his Excellency Governor James Johnson, and that they be and are respectfully requested so to do.
The report was agreed to, and the resolution reported by them was adopted.
Mr. Jenkins, chairman of the committee of sixteen, reported the following ordinance and recommended its adoption :
AN ORDINANCE ,
To authorize the Provisional Governor, or his successor, to borrow a sum of money for the pressing necessi- ties of the Western and Atlantic Railroad.
The people of the State of Georgia, in Convention met, do ordain, That His Excellency, the Provisional Gov- ernor, or his successor, be, and either of them is, hereby authorized and empowered to borrow a sum of money not exceeding one hundred thousand dollars, at a rate of interest not exceeding seven per cent per annum, upon bonds of the State of Georgia, in such form and upon such time as he may deem expedient, to be used under his discretion in supplying the pressing necessities of the Western and Atlantic Railroad; and further, that the income from said railroad may be pledged for the pay- ment of the interest and principal of said bonds as the same may become due.
The report was agreed to, the ordinance read three times and passed.
Mr. Jenkins, chairman of the committee of sixteen, made the following
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REPORT:
To His Excellency ANDREW JOHNSON,
President of the United States of America:
The people of the State of Georgia, now in Conven- tion, having repealed all ordinances and resolutions by them heretofore adopted, with a purpose to separate themselves from the United States, and to enter into another Confederacy; and having adopted a Constitution strictly republican, wherein the supremacy of the Con- stitution, constitutional laws, and treaties of the United States of America are distinctly affirmed; having therein recognized the emancipation, by the United States Gov- ernment, of persons previously held as slaves in this State, and ordained, in the fundamental law, that neither slavery nor involuntary servitude (save as a punishment for crime), shall hereafter exist in Georgia; and having, as they conceive, done all things necessary and proper, on their part, to the full and complete restoration of their State to her rights and privileges as a State, and as a member of the American Union, respectfully request that all needful Executive and Legislative measures be taken to effect such restoration as speedily as possible.
We, the delegates of the people, fully informed as to their purposes and desires, assure your Excellency that it is their fixed intention to perform their whole duty as citizens of the United States; that their desire is to live under the Constitution, in peace and harmony with the whole people, and to see sectional strife banished forever from the national councils.
We moreover express to you, sir, their entire conn-
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dence in your just and kind intentions towards them; and their anticipations of your conciliatory and trustful con- sideration of their acts and doings in this Convention.
:
On motion of Mr. Hill of Morgan, the report was laid on the table for the present.
Mr. Jenkins, chairman of committee of sixteen, re- ported the following resolutions and recommended their adoption :
1st. Resolved, That the thanks of this Convention be tendered to His Excellency the Provisional Governor, for his acceptance of the office, for the considerate kindness with which he has administered its delicate and difficult details and for his courtesy to this body.
2d. That His Excellency be requested to forward to the President of the United States copies of the repeal- ing ordinance and of such other ordinances and resolu- tions as he may deem proper; also, copies of the Con- stitution and address to the President, adopted by the Convention.
3d. That His Excellency the Governor be requested to draw his warrant or warrants upon the Treasury in payment of the accounts for printing ordered by this Convention; and also, the printing of blanks furnished Ordinaries to administer the amnesty oath at the rates fixed by law, as the same may be executed, if there be funds in the Treasury to meet said demands.
On motion, the report was laid upon the table for the present.
Mr. Jenkins, chairman of the committee of sixteen, reported the following ordinance :
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AN ORDINANCE
For the relief of the banks of the State and the officers of said Banks.
WHEREAS the banks of this State have become greatly embarrassed in their affairs, not by any mis-management of the directors of said banks, but by the troubles of the times, and the legislation of the State of Georgia with reference to said banks:
The people of Georgia in Convention assembled, do ordain, That all pains and penalties heretofore imposed upon said banks and their officers by any previous legis- lation of the General Assembly of the State for the fail- ure of said banks to redeem their liabilities in gold and silver, be, and the same are, hereby repealed; provided. this shall not apply to any liability to any individual aris- ing upon a contract.
And it is further ordained by the authority aforesaid, That said banks be and they are hereby authorized to make an assignment for the benefit of their creditors and go into liquidation. Mr. Parrott moved to amend by striking out the word "repealed" and inserting the words "suspended until the Legislature shall otherwise direct."
Mr. Seward moved the previous question, which being sustained, the main question was put, upon which Mr. Parrott demanded the yeas and nays, which being re- corded, were as follows:
Yeas 125; nays 132:
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Those who voted in the affirmative were: Messrs.
Adair, Gillis,
Alexander of Pike,
Gibson,
Alexander of Thomas,
Giles,
Anderson of Chatham,
Goode of Houston,
Anderson of Cobb,
Hail,
Arnold of Henry,
Atkinson of Troup,
Atkinson of Camden,
Bacon,
Barksdale,
- Bassell,
Hopkins,
Baxter,
Humber,
Hudson of Brooks,
Blount,
Holmes,
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