USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 18
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Brantley,
Harris of Clark,
Harris of Taliaferro,
Cabaniss.
Callaway,
Candler,
Chappell,
Irwin,
Cochran of Terrell, Cohen,
Jenkins, Johnson of Clark,
Cole,
Jolinson of Spalding,
Cook,
Jones of Columbia,
Cutts, Cureton,
Jones, M. D., of Burke,
Dart,
Davis of Floyd, Davis of Jackson, Dixon, Dowda,
Kirksey, Kenan, King of Greene, King of Richmond, Kimbro,
Driver,
DuBose,
.
Dupree,
Floyd,
Hansell,
Horne, 1
Hill of Morgan,
Hill of Troup,
Holt of Bibb,
Black of Sereven,
Brightwell,
Harris of Hancock,
Highsmith,
Hand,
Lamar, Lawrence, Lewis of Greene, Logan of Bibb,
329
JOURNAL OF THE CONVENTION OF 1865
Lovett, Lloyd,
Sale, Scott,
Middleton,
Moore of Floyd,
Seward, Simmons of Crawford, Skelton,
Morgan,
Smith of Bryan,
Mallard,
Smith of Coweta,
Manning,
Solomon,
Marler,
Stapleton,
Martin of Echols,
Stephens,
Matthews of Oglethorpe,
Stewart,
McDuffie of Marion,
McGregor,
Thomas, Turk,
McIntyre,
Turner of Campbell,
McLeod,
Turner of Quitman,
McRae of Telfair,
Nash,
Warren of Houston,
Nichols,
Watson,
Park,
Whitaker, Winn,
Pendleton,
Williams of Baker,
Perry,
Williams of Bryan,
Reese,
Willingham, Wimberly,
Ridley of Troup,
Wootten of DeKalb,
Riley of Taylor,
Wootten of Terrell,
Rogers of Milton,
Wright of Coweta,
Rumph,
`Wright of Emanuel,
Those who voted in the negative were: Messrs.
Adams of Elbert,
Barlow,
Allen, Barnes,
Arnold of Walton, Barnett,
Ashley, Bell of Forsyth,
Warren of Pulaski,
Newsom,
Watts,
Patton,
330
CONFEDERATE RECORDS
Bell of Webster,
Herring,
Bethune,
Hudson of Schley,
Blance,
,
Harris of Worth,
Black of Walker,
Hook,
Bower,
Howard of Bartow,
Bowers,
Howard of Towns, 1
Bowen,
Hopps,
Boyd,
Harvey,
Brady,
Harlan,
Brewer,
Hood,
Brewton of Bulloch,
Burts,
Johnson of Campbell, Johnson of Heard,
Bush,
Jones, R. T., of Burke,
Chandler,
Jordan,
Clark,
Kelley,
Colley,
Kirkland,
Covington,
King of Rabun,
Crawford of Decatur,
Knight,
Dailey,
DeGraffenried,
Dickey,
Lewis of Dooly,
Dorminey,
Logan of White,
Dorsey,
Logan of Dawson,
Douglass,
Luffman,
Ellington of Gilmer,
England,
Moore of Webster,
Edwards,
Morel,
Freeman,
Morris,
Murphry, Martin of Carroll,
Martin of Habersham,
Matthews of Upson, Matthews of Washington, Mattox,
MeCrary, McCroan, Mccutcheon,
Henry,
Lasseter,
Lawson,
Monroe,
Fraser,
Felton,
Grant, Gunnels, Goode of Pickens, Glover, Graham,
1
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331
JOURNAL OF THE CONVENTION OF 1865
McDaniel, McRae of Montgomery, Merrill,
Neal,
Pafford,
Parrott,
Taliaferro,
Parker of Murray,
Thompson of Jackson,
Paulk,
Thompson of Gordon,
Penland,
Thompson of Haralson,
Powell,
Tison,
Puckett,
Turnipseed,
Quillian,
Underwood,
Rawls,
Walker of Carroll,
Redding,
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Watkins,
Reynolds,
:
Warner,
Richardson,
Ware,
Riley of Lumpkin,
Weaver,
Roberts of Dooly,
Whelchel,
Roberts of Warren,
Williams of Haralson,
Robinson of Early,
Williams of Harris,
Robinson of Laurens,
Williams of Ware,
Rogers of Gordon,
Rouse,
Wikle, Wright of Dougherty,
Saffold,
Young,
Scruggs,
Sharpe,
Zachery.
So the ordinance was lost.
On motion of Mr. Cabaniss the rule was suspended and he introduced the following :
AN ORDINANCE
To provide for the payment of the officers and members of the Convention.
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Shannon, Sharman, Shockley, Simmons of Gwinnett, Sorrels, Strickland,
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CONFEDERATE RECORDS
Be it ordained, That the sum of ten dollars per day be paid to the President of this Convention during the present session, and the sum of four dollars for every twenty miles of travel going to and returning from the seat of Government, to be computed by the nearest car- riage route usually travelled; the sum of six dollars per day to the members of the Convention, and the sum of four dollars for every twenty of miles of travel, under the same rule which applies to the President; the sum of eight dollars per day to the Secretary, and seven dollars each per day to the Assistant Secretary, Engrossing, En- rolling and other Clerks and the Clerk to the committee of sixteen, allowed by resolution of the Convention, with the same mileage as is allowed the members; and the sum of ten dollars to the Secretary for contingent ex- penses, or so much thereof as may be necessary to pay the same; the sum of six dollars each per day to the Door- keeper, Messenger and Assistant Messenger, and the same mileage as is allowed the members; and the sum of fifteen dollars to the Messenger for contingent expenses.
Mr. Dorsey moved to amend by striking out "four 'dollars mileage," and inserting in lieu thereof, "five dol- lars mileage," and by striking out the words "the near- est carriage route usually travelled," and inserting in lieu thereof the words "the nearest public practicable mail route."
Mr. Cabaniss moved the previous question, which be- ing sustained, the main question was put, and the ordi- nance of Mr. Cabaniss was adopted after having been three times read.
Leave of absence was granted Mr. Moore of Webster.
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JOURNAL OF THE CONVENTION OF 1865
333
Mr. Chappell moved to reconsider so much of the journal of yesterday as relates to the action of the Con- vention whereby the paragraph in the ordinance intro- duced by himself, making said ordinance part of the Constitution and fundamental law of the State was re- jected.
The Convention refused to reconsider.
Mr. Wikle, from the committee of seven, made the following report, which was taken up:
The committee of seven, to whom was referred the Governor's message and accompanying documents in re- lation to the cotton purchased by the State, beg leave to make the following
REPORT:
The committee finding it impracticable from the lim- ited time which the Convention may continue in session to perform the duty assigned them in giving the finances of the State, that investigation the importance of the subject demands, recommend to the Convention the adop- tion of the following resolutions :
1st. Resolved, That His Excellency the Governor be recommended to appoint a commission of three compe- tent persons to whom shall be assigned the duty of mak- ing a thorough examination and investigation of the finan- cial operations of the State from the first of January, 1861, to the present time, and report the result of such investigation to next Legislature.
2d. That the commissioners so appointed shall, before entering on the discharge of their duties, be sworn faith-
334
CONFEDERATE RECORDS
fully to discharge the duties of said commission and be authorized to administer oaths-send for persons and papers and have power to compel the attendance of wit- nesses, and to require all financial agents of the State to make such reports of their receipts and disbursements as may be necessary for the commissioners to arrive at the facts necessary to a proper discharge of their duty.
3d. That the Governor be authorized to pay such commissioners as he may appoint a fair and reasonable compensation for their services.
Be it further resolved, That the Provisional Governor be requested to take from Mr. Henry Brigham an as- signment of all his interest in the sixteen hundred and fifty (1650) bales of cotton purchased by said Brigham from A. Wilbur, agent for the State, and on receiving such assignment that he pay Mr. Brigham any expense he may have incurred in and about said cotton, provided the same do not exceed two hundred (200) dollars, and also deliver up the notes of said Brigham given for said cotton.
Be it further resolved, That the Governor and our members in the Senate and Congress of the United States be respectfully urged to press the claim of this State for this cotton, and all other cotton belonging to this State and taken possession of by the United States' authorities.
The report was taken up, read and adopted.
Mr. Johnson of Campbell, introduced the following resolution :
Resolved, That this Convention adjourn sine die on Wednesday the eighth instant, at 12 o'clock, m. .
1
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JOURNAL OF THE CONVENTION OF 1865
335
Mr. Harris of Hancock, moved to amend by striking out the words "on Wednesday the eighth instant at 12 o'clock, m.," and inserting in lieu thereof the words "at 10 o'clock, p. m., to-day."
Mr. Weaver moved the previous question, which be- ing sustained, the main question was put and the reso- lution was adopted.
The Convention proceeded to the consideration of the unfinished business of yesterday, which was the substi- tute offered by Mr. Cohen.
Mr. Harvey moved to amend by striking out the words "General Assembly of 1867," and inserting in lieu thereof the words "the next General Asembly." Lost.
Mr. Parrott moved the previous question, and the mo- tion being sustained, the main question was put and the vote taken on the adoption of the ordinance introduced by Mr. Chappell as amended.
Upon which Mr. Candler required the yeas and nays to be recorded.
They were as follows: Yeas 135; nays 117.
Those voting in the affirmative were Messrs.
Adams of Elbert,
Baxter,
Allen,
Bell of Forsyth,
Alexander of Pike,
Bethune,
Black of Walker,
Alexander of Thomas, Ashley,
Bower, .
Bowers,
Bowen,
Barlow, Brassell,
Boyd,
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336
CONFEDERATE RECORDS
Brady, Brantley, Brewton of Bulloch, Brightwell, Bush,
Cameron, Chappell, Clark,
Cochran of Wilkinson,
Colley,
Crawford of Decatur, Cutts, Cureton,
Kimbro, Knight,
Dickey,
Dixon,
Dorminy,
Luffman,
Dorsey,
Douglass,
Monroe,
Driver,
Morel,
Morris,
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Marler,
Martin of Carroll,
Martin of Habersham,
Fraser,
Grant,
Giles,
McGregor,
Goode of Pickens,
Graham,
McIntyre, McRae of Montgomery,
Henry,
Merrill,
Herring,
Neal,
Hill of Morgan, Hopkins, Hudson of Schley,
Newsom, Nichols,
Hudson of Wilkinson,
Pafford,
Highsmith,
Parrott,
Parks,
Howard of Towns, Hopps,
Huie of Clayton, Harlan, Hood,
Johnson of Campbell, Johnson of Heard, Johnson of Spalding, Jordan,
Kelley,
Kirkland,
King of Rabun,
1
Lassetter,
Lewis of Dooly,
Logan of Dawson, 1
Ellington of Gilmer, England, Edwards,
Matthews of Upson, Mattox, Mccutchen,
Paulk,
337
JOURNAL OF THE CONVENTION OF 1865
Penland,
Quillian,
Taliaferro, Thompson of Jackson, Thompson of Gordon, Tucker,
Rawls,
Redding,
Turk,
Richardson,
Turnipseed,
Riley of Taylor,
Walker of Carroll,
Riley of Lumpkin,
Warren of Pulaski,
Roberts of Dooly,
Warren of Houston,
Roberts of Echols,
Watkins,
Robinson of Laurens,
Warner,
Rogers of Gordon,
Ware,
Rogers of Milton,
Watson,
Rouse,
Weaver,
1
Rumph,
Whelchel,
Saffold,
Winn,
Scruggs,
Williams of Bryan,
Scott,
Williams of Harris,
Seward,
Williams of Ware,
Sharman,
Wikle,
Singleton,
Womack,
Skelton,
Wooten of Terrell,
Smith of Bryan,
Wright of Emanuel.
Smith of Coweta,
Young.
Strickland,
Those voting in the negative were: Messrs.
Adair, Bell of Webster,
Anderson of Chatham,
Blance,
Anderson of Cobb,
Blount,
Arnold of Henry,
Brewer,
Arnold of Walton,
Burts,
Atkinson of Troup,
Cabaniss,
Atkinson of Camden,
Callaway,
Bacon,
Candler,
Chandler,
Barksdale, Barnett,
Cochran of Terrell,
1
338
CONFEDERATE RECORDS
Cohen,
Cole,
Jenkins, Johnson of Clark,
Cook,
Jones of Columbia,
Covington,
Jones, M. D., of Burke,
Jones, R. T., of Burke,
Dart,
Davis of Floyd,
Kirksey,
Davis of Jackson,
Kenan,
DeGraffenried,
King of Greene,
Dowda,
King of Richmond,
Dubose,
Lamar,
Lawson,
Freeman,
Felton,
Lewis of Greene,
Floyd,
Logan of White,
Gillis,
Logan of Bibb,
Gibson,
Lovett,
Gunnels,
Lloyd,
Goode of Houston, Glover,
Middleton,
Moore of Floyd, Moore of Webster,
Horne,
Hill of Troup,
Holt of Bibb,
Humber,
Hudson of Brooks,
Holmes,
Matthews of Oglethorpe,
Matthews of Washingtor
Harris of Hancock,
McDaniel,
McDuffie of Marion,
Harris of Worth, Hook, Hammond,
McLeod,
Howard of Bartow, Hand, Hansell,
Patton,
Pendleton,
Harvey,
Hail,
Perry, Puckett,
Irwin,
Morgan, Murphry,
Mallard,
Manning,
Harris of Clark,
Nash,
Reese,
Dupree,
Lawrence,
1
339
JOURNAL OF THE CONVENTION OF 1865
Reynolds, Ridley of Troup, Roberts of Warren, Robinson of Early,
Sale, Sharpe,
Shockley,
Simmons of Gwinnett,
Simmons of Crawford,
Solomon,
Wootten of DeKalb,
Sorrels,
Wright of Coweta,
Stapleton,
Wright of Dougherty,
Stephens,
Zachery,
Stewart,
So the ordinance as amended was adopted.
On motion of Mr. Solomon the Convention took a recess until 3:30 o'clock, P. M.
3:30 O'clock, P. M.
The Convention re-assembled.
Mr. Mallard introduced the following resolution :
Resolved, That His Excellency the Governor be, and he is hereby, authorized and requested to draw his war- rant on the Treasurer in favor of the Rev. W. Flinn for the sum of fifty dollars for his services rendered as Chaplain of the Convention. Agreed to.
Mr. Dupree of Twiggs, offered the following resolu- tion :
Resolved, That the Secretary of this Convention be allowed the sum of dollars for making out and arranging the index for the journal and bringing up the
Thomas, Turner of Campbell, Turner of Quitman, Underwood, Whitaker, Williams of Baker, Willingham,
Wimberly,
340
CONFEDERATE RECORDS
unfinished business of the Convention, and correcting a proof-sheet of the same, and forwarding to each dele- gate to this Convention and to each Ordinary and each clerk of Superior and Inferior courts of each county of said State, a copy of said journal.
Mr. Hill of Morgan, moved to fill the blank by insert- ing the words "two hundred dollars." Agreed to.
The resolution as amended was adopted.
Messrs. Cochran of Wilkinson, and Hudson of Wil- kinson, asked and obtained leave to record their votés in the affirmative on the passage of Mr. Chappell's or- dinance.
Messrs. Tison, Horne, Mallard, Parker of Johnson, and Simmons of Gwinnett, were granted leave of ab- sence for the balance of the session.
Mr. Holt of Bibb, introduced the following resolu- tion :
Resolved, That a committee of five be appointed by the Chair, whose duty it shall be to memorialize His Excellency Andrew Johnson, President of the United States, invoking the executive clemency in behalf of those of our fellow citizens belonging to the classes ex- cepted from the benefits of the late Amnesty Proclama- tion, and who may be as yet unpardoned.
Which was taken up and adopted.
The following committee was appointed under the above resolution :
Messrs. Holt of Bibb, Black of Screven, Candler, of DeKalb, Whitaker of Fulton, and Goode of Houston.
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341
JOURNAL OF THE CONVENTION OF 1865
Mr. Hill of Morgan, called up the ordinance intro- duced by himself and amended the same by striking out in the second section the words "during said war" and inserting in lieu thereof the words "between 1st June 1861 and 1st June 1865," and in the third paragraph by striking out the words "since the 19th day of January 1861," and inserting in lieu thereof the words "between the 1st day of June 1861 and the 1st day of June 1865."
Mr. Warner moved to amend by adding at the end of second section the following words: Provided, that contracts executed within the time specified, and which were simply in renewal of original contracts made be- fore the said first day of June shall stand upon the foot- ing of contracts executed before hostilities commenced.
The amendment was agreed to.
The ordinance as amended was adopted,
Mr. Parrott moved that the President transmit by mail to the President of the United States the memorial and resolution respecting the pardon of Commodore Tattnall.
Agreed to.
Mr. Jenkins moved to take up the resolutions re- ported by the committee of sixteen, tendering thanks of the Convention to His Excellency the Provisional Gor- ernor, &c.
The resolutions were taken up, read and agreed to.
Mr. Jenkins moved to take up the report of the com- mittee of sixteen, addressing the President of the United States.
.
342
CONFEDERATE RECORDS
Mr. Hill of Morgan, moved to recommit the report with instructions to include the fact of repudiating the war debt among the subjects specially referred to in the report.
Mr. Seward moved the previous question, which be- ing sustained, the main question was put and the report of the committee was adopted.
Mr. Jenkins introduced the following preamble and resolutions which were taken up, read and adopted:
WHEREAS, under the acts of the Congress of the United States, and the instructions of the Treasury de- partment, the assessors for the State of Georgia are about to assess a tax upon real estate, upon the valua- tion of 1860, and whereas the value of that description of property now upon the assessment is about to be made, is much below that of the year 1860, and will op- erate injuriously upon the agricultural interests of the State, now greatly depressed: Therefore,
Resolved 1st. That a committee of five, including the President of the Convention as Chairman, be ap- pointed by the President, whose duty it shall be to me- moralize the Hon. Hugh McCulloch, Secretary of the Treasury, requesting a suspension of the assessment until the meeting of the Congress of the United States, and that if compatible with his sense of justice he rec- ommend such a modification of the internal revenue laws as will allow the assessment for the tax of 1864 to be made upon the present value of real estate.
2d. That said committee place the memorial when prepared, in the hands of the Provisional Governor, with the request that he forward it to the Secretary of the
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343
JOURNAL OF THE CONVENTION OF 1865
Treasury, and give it the influence of his recommenda- tion, if it comport with his sense of propriety.
Mr. Thomas, of Coweta, moved to suspend the rules in order to introduce a resolution. His motion prevailed and he introduced the following preamble and resolu- tions :
WHEREAS, the people of Georgia have been required by the General Government to prohibit slavery in their Constitution before the State would be permitted to re- sume its former position and again enjoy its civil rights in the Union, we deem it proper to make the following statement of facts and to pass the following resolutions :
We regard the institution of slavery as consistent with the dictates of humanity and the strictest princi- ples of morality and religion, and in our judgment the negro race under our system of slavery has attained to a higher condition of civilization, morality, usefulness and happiness than it has under any other circumstances or in any other portion of the globe, and we are con- vinced that the destruction of slavery at the South, while it is a great injury to the white race, will prove to be a great curse to the black race; yet slavery having been destroyed by the action of the general Government of the United States, there are only two alternatives pre- sented to the people of Georgia, to-wit: a recognition of that fact in the Constitution of the State, and a compli- ance on our part with the requirement of the Federal Government in demanding a formal prohibition of slav- ery in our Constitution; or perpetual military rule, with its consequent evils and burthens and perhaps total loss of our civil and constitutional rights.
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344
CONFEDERATE RECORDS
Yielding therefore to the overruling necessities of . our condition, and acting under the constraints which that condition imposes: It is
Resolved, That this Convention accepts in good faith the former alternative as one of the unavoidable results of the overthrow of the late revolution, and do hereby consent that it shall be incorporated in our Constitu- tion that neither slavery nor involuntary servitude shall hereafter exist in this State, except for the commission of crime.
On motion of Mr. Luffman the preamble and reso- lutions were laid on the table for the balance of the ses- sion.
The following message was received from His Ex- cellency James Johnson, Provisional Governor of the State of Georgia, by L. H. Briscoe, his Secretary, to-wit:
MR. PRESIDENT: I am directed by the Governor to deliver to the Convention a communication in writing.
(See page 97.)
The Convention on motion adjourned until 9:30 o'clock tomorrow morning.
WEDNESDAY, NOVEMBER 8TH, 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.
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مید
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JOURNAL OF THE CONVENTION OF 1865
Mr. Lloyd gave notice of his purpose to move a re- consideration of so much of the journal as relates to the vote taken on the report of the committee of sixteen, entitled "an ordinance for the relief of the banks of this State and the officers of said banks."
Mr. Wikle gave notice of his purpose to move a re- consideration of so much of the journal as relates to the resolution of Mr. Johnson of Campbell, respecting the adjournment of the Convention.
Mr. McIntyre rose to a question of privilege and asked that inasmuch as the call for the previous question upon the adoption of the ordinance of Mr. Chappell to ignore the public debt created for war purposes had cut off all further discussion, and had prevented him and his colleague, Mr. J. R. Alexander, from giving the rea- sons which induced them to vote in favor of said ordi- nance, they might be allowed to have spread upon the journal the reasons which induced their votes.
The privilege was granted and their reasons are as follows :
"The undersigned delegates from the county of Thomas, beg leave to have entered on the journals of the Convention some of the reasons which induced them to vote for the ordinance of Mr. Chappell of Muscogee, as amended, to ignore the public debt created for war purposes.
1. Because the official information received from Washington "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
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CONFEDERATE RECORDS
promote the war of the rebellion," and they are unwill- ing to place the State, their constituents or themselves in a position of antagonism to the United States or its authorities.
2. Because they (in common with all others who have taken the amnesty oath) have not only sworn to support the Constitution of the United States, but the Union of the States thereunder, and they feared that they might violate that oath by voting against the ordi- nance.
3. Because they were unwilling to postpone the State by any action of theirs to an early restoration to her former position in the Union, and as they voted for the emancipation clause in the Constitution, so they voted for this ordinance.
4. That while their feelings are utterly opposed to the abstract proposition of repudiation and were willing to pay an equitable and just proportion of the honest part of this debt, to preserve the honor of the State, yet for the reasons aforesaid, together with others which might be named, and in deference to the expressed wishes of the authorities at Washington, they forego their pri- vate wishes and feelings.
A. T. MCINTYRE, J. R. ALEXANDER,
Delegates from Thomas county.
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Mr. Lloyd moved to reconsider so much of the jour- nal of yesterday as relates to the vote on the ordinance
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347
JOURNAL OF THE CONVENTION OF 1865
reported by the committee of sixteen for the relief of banks, etc.
The motion did not prevail.
Mr. Wikle moved to reconsider so much of the journal as relates to the vote on the resolution "to adjourn sine die at 12 o'clock m. on Wednesday the 8th instant."
The motion to reconsider prevailed; when Mr. Wikle offered the following as a substitute for the resolution of Mr. Johnson, of Campbell :
WHEREAS a contingency may arise which will make it necessary for the re-assembling of this Convention, and to prevent the agitation and excitement that might ensue from another election. Be it therefore
Resolved, That when this Convention adjourns today at 12 o'clock m., it stand adjourned subject to the call of the President of the same should a contingency arise in regard to our Federal relations or other cause which in his judgment will make it necessary for the Convention to be again convened, 'provided, said call be made within six months; if not made within that time, then this Con- vention to stand adjourned sine die.
2. Resolved, That in the event of the removal, death or resignation or inability of the President of this Con- vention, then the same authority vested in him, by the foregoing resolution, be, and the same is hereby, vested in the Governor or officer acting as Governor of the State.
Mr. Hill, of Morgan, moved the following amendment to the substitute: Provided further, That in the event of the death, resignation or other disability of any mem-
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348
CONFEDERATE RECORDS
ber of this Convention, the vacancy shall be filled by elec- tion under proclamation of the Governor. Agreed to.
Mr. Harris of Worth, moved to amend further, the second section of the substitute by striking out all after the word "Governor" and inserting in lieu thereof the words "Vice-President of this Convention," whom he moved should now be chosen by acclamation. Lost.
The substitute as amended was adopted.
Mr. Kenan introduced the following resolution :
Resolved, That His Excellency, the Provisional Gov- ernor, be authorized and requested to draw his warrant upon any funds in the Treasury, or which may come into the Treasury, for the payment of Mr. Orme and Son, for the printing of this Convention. Agreed to.
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