USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 2
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CONFEDERATE RECORDS
prior to the 1st of January, 1861, so far as the same are not inconsistent with our present condition.
To facilitate the people in obtaining the amnesty proffered, the Ordinaries or Clerks (as the case may be), are authorized to procure printed blanks from either one of the following presses most convenient, as the same may be needed, for which payment will be provided on bills presented at this office, viz .: Savannah Republican, Augusta Chronicle & Sentinel, Southern Watchman, Atlanta Intelligencer, Rome Courier, Macon Telegraph, Southern Recorder and Columbus Enquirer.
Done at Milledgeville, the capital of the State, on this the 7th day of August, in the year of our Lord 1865, and the eighty-ninth year of Ameri -. can Independence.
JAS. JOHNSON, .
Provisional Governor of Georgia.
By the Governor:
L. H. BRISCOE, Secretary.
FRIDAY, AUGUST 11th, 1865. .
The following communication was this day addressed by His Excellency, the Governor, to the Postmaster- General :
EXECUTIVE OFFICE, PROVISIONAL GOV'T OF GEORGIA,
August 11th, 1865.
SIR: Pursuant to your suggestion contained in your
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PROVISIONAL GOVERNOR JAMES JOHNSON
letter of the 14th ult., just received, "that you will be prepared to put the mails upon the railroads in Georgia as soon as I shall certify to you what roads are in a condition to convey them, and are in charge of reliable and proper persons," I hereby [certify] that condition of facts exists as to the following roads, viz. :
Macon to Columbus,
Macon to Atlanta,
Fort Valley to Albany,
Milledgeville to Gordon,
Milledgeville to Eatonton,
Augusta to Atlanta, Camak to Warrenton,
Double Wells to Washington,
Union Point to Athens,
Atlanta to West Point,
Atlanta to Chattanooga,
Kingston to Rome.
Respectfully, your obedient servant,
JAS. JOHNSON,
Provisional Governor of Georgia.
Hon. Postmaster-General,
Washington, D. C.
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CONFEDERATE RECORDS
SATURDAY, AUGUST 12th, 1865.
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EXECUTIVE OFFICE, PROVISIONAL GOV'T OF GEORGIA, MILLEDGEVILLE, August 12, 1865.
1
Whereas, The Honorable O. A. Lochrane has tendered, through this office to the people of the Macon Judicial District, his resignation as Judge of the Superior Court of the same, Carlton B. Cole, Esq., of the county of Bibb is hereby appointed to fill the vacancy created as above; and it is hereby ordered that a Commission in usual form do issue from this office accordingly.
By the Governor :
L. H. BRISCOE, Secretary.
Ordered, That Philip A. Hoyne, Esq., of Chicago, be, and he is hereby appointed a Commissioner of Deeds in the State of Illinois for the State of Georgia, and that a commission do issue accordingly from this office.
By the Governor :
L. H. BRISCOE,
Secretary.
:
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PROVISIONAL GOVERNOR JAMES JOHNSON 23
MONDAY, AUGUST 14th, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T OF GEORGIA, .
MILLEDGEVILLE, August 14, 1865.
It appearing that R. T. Hall, Ordinary of Jones County, is perhaps disqualified from administering the oath of amnesty prescribed in the President's proclama- tion of May 29th, 1865, in consequence of having himself been a domestic agent of the Confederate States, and therefore in one of the excepted classes: It is ordred, That Frank Walker, Clerk of the Superior Court of said County of Jones, be, and is hereby appointed and fully authorized to administer oaths in all cases in which the Ordinary, (if not disqualified) could have acted, pursuant to executive proclamation from this office of 7th August, 1865, provided said Clerk shall himself have first com- plied with the terms and conditions in my said procla- mation named.
By the Governor : (Under Seal.)
L. H. BRISCOE, . ,
Secretary.
1
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CONFEDERATE RECORDS
TUESDAY, AUGUST 15th, 1865.
EXECUTIVE OFFICE,
PROVISIONAL GOV'T OF GEORGIA,
MILLEDGEVILLE, August 15, 1865.
It appearing that L. Pitts, Ordinary of the County of Troup, is disqualified from administering the oath of amnesty prescribed by the President's proclama- tion of May 29, 1865, as he is embraced in one of the classes of excepted cases: It is ordered, that John F. Autrey, Clerk of the Superior Court of the County of Troup, be, and he is hereby, appointed and fully author- ized to administer said amnesty oath, and such other oaths connected with procuring amnesty as the Ordinary (if not disqualified) would have been authorized to do by reason and virtue of my proclamation issued 7th day of August, 1865. Provided, said Clerk shall himself have first complied with the terms and requisitions in my said proclamation set forth.
By the Governor :
(Under Seal) L. H. BRISCOE,
Secretary.
.
PROVISIONAL GOVERNOR JAMES JOHNSON 25
TUESDAY, AUGUST 15th, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 15, 1865.
It appearing from properly authenticated evidence, that George B. Stovall was, on the 12th day of April last, duly elected by the people of Morgan County Ordi- nary of said County, to fill the unexpired term of F. W. Arnold, deceased, It is Ordered, That a Commission, in terms of the law, do issue to him as Ordinary aforesaid.
By the Governor :
L. H. BRISCOE, Secretary.
WEDNESDAY, AUGUST 16th, 1865.
The following letter from His Excellency, the Pro- visional Governor, to Hugh Mccullough, Secretary of the Treasury, was this day forwarded :
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 16, 1865.
HON. HUGH MCCULLOUGH,
Secretary of Treasury, U. S.
DEAR SIR: I desire to notify your department that a certain number of bales of cotton captured by General Sherman in Savannah may be claimed by the State of
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CONFEDERATE RECORDS
Georgia as belonging to her. The material facts of the case, as I am informed, are, on the approach of General Sherman to Savannah, the agent of the State sold the cotton to Mr. Brigham and others on certain terms. Gov. Brown, on receiving notice from the agent, refused to ratify the sale, but this was not communicated to the agent until after capture. I will communicate further particulars on receipt of information. In the mean time, I hope the claim of the State will not suffer prejudice.
Yours truly, J. JOHNSON, Prov. Gov. of Ga.
THURSDAY, AUGUST 17th, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 17, 1865.
It appearing that William D. Bentley, Ordinary of the County of Forsyth, is disqualified from administering the oath of amnesty prescribed in the President's procla- mation of May 29, 1865, he being within one of the excepted classes, It is Ordered, That the Clerk of the Inferior Court of said County of Forsyth be, and he is hereby, authorized and empowered to administer said amnesty oath, and to do all other acts connected there- with as fully as the Ordinary of said County (if not dis- qualified) would have been allowed to do by virtue of my proclamation of the 7th day of August, 1865; pro- vided, said Clerk shall himself have complied in the first
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PROVISIONAL GOVERNOR JAMES JOHNSON
place with the terms and conditions of my aforesaid proclamation.
,
By the Governor :
(Under Seal) L. H. BRISCOE, Secretary.
Ordered, That Charles H J. Collis, Esq., of Phila- delphia, be, and is hereby appointed a Commissioner of Deeds in the State of Pennsylvania for the State of Geor- gia, with all the powers and duties incident thereto, and that commission do issue from this office accordingly.
By the Governor :
L. H. BRISCOE, Secretary.
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GEORGIA,
MILLEDGEVILLE, August 17, 1865.
Pursuant to elections held in the County of Pickens for Justices of the Peace, the returns of which have been received at this office, commissions were this day issued to the following parties elected :
James Eaton 794 District.
Moses S. Phaw 794 District.
Stephen Griffith 1099 District.
Jackson Lansdown 1099 District.
Robert B. Dearing 1036 District.
R. G. Allen 1036 District.
Stephen Richards 899 District.
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CONFEDERATE RECORDS
W. F. Cantrell 899 District.
· Wm. Martin 1182 District.
Martin V. Coffey 1182 District.
William Murphy 1101 District.
Joseph D. Neal 1101 District.
Abraham Crow 1129 District.
Wm. Whitfield 1129 District.
By the Governor :
L. H. BRISCOE, Secretary.
SATURDAY, AUGUST 19, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 19, 1865.
It being made to appear at this office that the Ordinary of Heard County is disqualified from administering the oath of amnesty as prescribed by the President's procla- mation of May 29, 1865, he falling within one of the classes of excepted cases therein specified, which condi- tion is the same as to the person who holds within himself the offices of Clerk of the Superior and Inferior Courts: It is Ordered, That W. H. C. Pace, Edward Phaw and Mordecai Shackelford, Justices of the Inferior Court of said County of Heard, or any one of them, is hereby fully authorized and empowered to administer said oath, and all other oaths necessary to perfect the papers of appli- cants for special pardon, as fully as the Ordinary himself
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PROVISIONAL GOVERNOR JAMES JOHNSON
[would] have done by reason of my proclamation of the 7th of August, 1865; provided, said Justices are them- . .. selves qualified by compliance with the terms and condi- tions of my said proclamation.
By the Governor :
(Under Seal) L. H. BRISCOE,
. Secretary. -
WEDNESDAY, AUGUST 30th, 1865.
The following communication was this day received at this office from Major-General Thomas, commanding Military Division of Tennessee, touching transfer to the State authorities of the Western & Atlantic or State Railroad :
HEADQUARTERS MILITARY DIVISION OF TENNESSEE,
NASHVILLE, TENN., August 19th, 1865.
HON. JAMES JOHNSON,
Provisional Governor State of Georgia,
Milledgeville, Ga.
SIR: I have the honor, by direction of Major-General Thomas, to enclose for your information an official copy of the orders from the War Department with reference to the turning of the railroads in this Military District over to the companies formerly owning and operating them.
I am instructed by Major-General Thomas to say
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CONFEDERATE RECORDS
further, that if you will appoint a Board of Directors for the Georgia State Road, running from Chattanooga, Tenn., to Atlanta, Ga., whom you can recommend as being true and loyal men, and which Board, in accordance with the provisions of the first paragraph of said order, he can conscientiously approve of and accept, he will turn over said Georgia Railroad to you upon the same terms precisely as the other railroads running within his command are turned over to other companies.
The Major-General commanding would be pleased to hear your views on this subject at as early a day as may be practicable.
I am, sir, very respectfully,
Your obedient servant, ROBERT H. RAMSEY, Brt. Col. and Asst. Adj .- Gen'l.
The terms and conditions of transfer referred to in above communication were this day placed of file in this office.
THURSDAY, AUGUST 31st, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 31, 1865.
The following telegraphic dispatch was this day for- warded by His Excellency, the Governor, to Macon, Ga.,
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PROVISIONAL GOVERNOR JAMES JOHNSON
to be transmitted to Major-General G. H. Thomas at Nashville, Tenn .:
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, August 31, 1865.
MAJOR-GEN'L. G. H. THOMAS, Nashville, Tenn.
DEAR SIR: I accept the road on the terms proposed, and will proceed forthwith to appoint a Board of Direct- ors. I will further advise you in a few days from Atlanta.
J. JOHNSON, Prov. Gov. of Ga.
SATURDAY, SEPTEMBER 2, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, MILLEDGEVILLE, September 2, 1865.
Pursuant to returns of an election for Justice of the Peace for the 320th District, Baldwin County, G. M., to supply the vacancy of Robert J. Micklejohn, late de- ceased, Ordered, That a commission do issue to Peter Fair to fill said vacancy, he being the party elect.
By the Governor :
L. H. BRISCOE, Secretary.
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CONFEDERATE RECORDS
.
By virtue, and in pursuance of the appointment by the Justices of the Inferior Court of Putnam County of M. Graybill as Sheriff to fill the unexpired term of Griffin, resigned, Ordered, That a commission do issue from this office accordingly.
By the Governor:
L. H. BRISCOE, Secretary.
SATURDAY, SEPTEMBER 9, 1865.
EXECUTIVE OFFICE, September 9, 1865.
In pursuance of the terms proposed by Major-General G. H. Thomas, it is hereby ordered and directed that Richard Peters, of Atlanta, Robert M. Goodman, of Mari- etta, J. R. Parrot, of Cartersville, Robert Batey, of Dalton, and William L. Whitman, of Ringgold, be, and are hereby appointed directors of the Western & Atlantic Railroad, with full power and authority to accept and receive the same from the military authorities of the United States upon the terms and conditions proposed by the Secretary of War.
Given under my hand and Seal of the Executive De- partment, the day and year aforesaid.
J. JOHNSONy
Prov. Gov. of Ga.
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PROVISIONAL GOVERNOR JAMES JOHNSON
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GEORGIA, September 9, 1865.
It is hereby ordered and directed, That Miles G. Dobbins, of Spalding County, be, and is hereby, appointed Treasurer of the Western & Atlantic Railroad, upon his giving bond and taking the oath required by law.
Given under my hand and Seal of office, the day and year above [written].
J. JOHNSON,
Prov. Gov. of Ga.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, September 9, 1865.
It is hereby ordered and directed, That Robert Baugh, of Atlanta, Georgia, be, and is hereby, appointed Super- intendent of the Western and Atlantic Railroad upon giving bond and taking the oath required by law.
JAS. JOHNSON, Provisional Gov. of Ga.
MONDAY, SEPTEMBER 11, 1865.
Ordered, That the Hon. William M. Sessions be, and is hereby, appointed Judge of the Superior Courts of the
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CONFEDERATE RECORDS
Brunswick Judicial Circuit to fill the unexpired term of Hon. A. E. Cochrane, deceased, and that a commission do issue from this office accordingly.
By the Governor:
L. H. BRISCOE, Secretary.
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SATURDAY, SEPTEMBER 16, 1865.
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EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., September 16, 1865.
It is hereby requested of the officers of the State House Department, that each of them report to me the condition of his office on or before the 15th of October next, and that each be furnished with a copy of this request.
By the Governor :
L. H. BRISCOE, Secretary.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, September 16, 1865.
Major-General Geo. H. Thomas having objected to Robert Batey, of Dalton, Ga., as a director of the West- ern & Atlantic Railroad, it is hereby ordered and directed
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PROVISIONAL GOVERNOR JAMES JOHNSON
that Randolph L. Mott, of Columbus, Ga., be, and is hereby, appointed Director of said road in the place of said Batey.
J. JOHNSON,
1721559
Prov. Gov. of Ga.
TUESDAY, OCTOBER 10th, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., October 10th, 1865.
It is ordered, That Daniel A. Johnson, of Spalding County, be, and is hereby, appointed Auditor on the Western & Atlantic Railroad, and that he enter upon the duties of said office upon taking the oath and giving bond as required by law.
Given under my hand and Seal of the Executive De- partment, the day and year aforesaid.
JAS. JOHNSON,
Prov. Gov. of Ga.
THURSDAY, OCTOBER 12, 1865.
Ordered, That the several persons hereinafter named be, and are hereby, appointed Commissioners of Deeds for the State of Georgia in the several States and cities
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CONFEDERATE RECORDS
in which they respectfully reside, with full power and authority to act in all such matters as by the laws in force they are authorized to do, by reason of their official capacity aforesaid; and that commissions in usual form issue to each, to remain in force during good behavior, or until vacated by competent authority, viz. :
Francis C. Bless, New York, N. Y.
Asa W. Parker, New York and Brooklyn, N. Y.
William Phillips, New York, N. Y.
Joseph B. Nones, New York, N. Y.
David Barnett, New York, N. Y.
J. W. Westcott, Memphis, Tenn.
N. R. Wilson, Louisville, Kentucky.
By the Governor :
L. H. BRISCOE, Secretary.
SATURDAY, OCTOBER 21, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 21, 1865. .
TO THE PRINCIPAL KEEPER OF THE PENITENTIARY :
Whereas, James Campbell, a convict in the penitenti- ary of this State, was sentenced to hard labor and confine- ment in the same, in Chatham Superior Court, for the term of six years for the offense of robbery ; and whereas, he is reported to have conducted himself during his im-
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PROVISIONAL GOVERNOR JAMES JOHNSON
prisonment in an orderly and satisfactory manner; and it further appearing that allowing the deduction in time authorized by law on account of good behavior, he has but a short time to remain,
It is ordered, That, to the end of his restoration to civil rights, he be, and is hereby, pardoned, and will at once be discharged and set at liberty.
Given under my hand and Seal of the Executive De- partment, at the Capitol in Milledgeville, the day and year aforesaid.
JAS. JOHNSON,
Prov. Gov. of Ga.
By the Governor :
L. H. BRISCOE, Secretary.
·
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 21, 1865.
TO THE HONORABLE JUSTICES OF THE INFERIOR COURT OF CHATTOOGA COUNTY :
Whereas, In the recent election held in said County for delegates to a convention to assemble at Milledge- ville on the 25th instant, pursuant to a proclamation of myself as Provisional Governor of the State, a tie has occurred between Wesley Shropshire and Samuel Mc- Whorter, thereby creating a vacancy in the representa- tion of said county; you are therefore hereby authorized and directed to order a new election to fill said vacancy,
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CONFEDERATE RECORDS
first giving twenty days previous notice of the time of holding the same, as required by law.
Given under my hand and Seal of the Executive De- partment, at the Capitol in Milledgeville, the day and year aforesaid.
JAS. JOHNSON,
Prov. Gov. of Ga.
By the Governor :
L. H. BRISCOE, Secretary.
WEDNESDAY, OCTOBER 25th, 1865.
The following message from His Excellency, James Johnson, Provisional Governor of the State of Georgia, was this day communicated to the convention, to-wit :
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, October 25th, 1865.
. Gentlemen of the Convention :
The circumstances under which you have assembled make it proper, in my judgment, that you should have set before you a summary of the financial condition of the State, that you may be the better prepared to give appropriate directions to executive officers touching the discharge of important duties necessary to be performed before the Legislature will assemble. Upon entering on the duties of my office, I ascertained, from a source
,٠٠
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PROVISIONAL GOVERNOR JAMES JOHNSON
deemed reliable, that the cotton which had been previ- ously purchased by the State had either been captured or consumed by fire, and that all the assets the State held abroad had been drawn against to the full extent of their value.
The Western & Atlantic Railroad, yielding us no in- come, and the stock belonging to the State in banks and other railroads were entirely unavailable.
Our charitable institutions, the Academy for the Blind at the City of Macon, and the Lunatic Asylum at this place, were without funds, and are now compelled to resort to such credit as they may obtain to procure sup- plies necessary for the maintenance of their unfortunate inmates. The Penitentiary, with its shops and machinery, has been nearly destroyed-to such an extent as to render it wholly inadequate to accomplish the purpose de- signed-and nearly all the convicts have either escaped or been discharged.
It will be necessary, therefore, to make some pro- visions to carry into effect the judgments of the courts against certain criminals for offences committed in viola- tion of existing laws, or which may be committed, until new laws shall be made prescribing new penalties and other modes of inflicting punishment for crime.
During the progress of the war, the Western & Atlantic Railroad was alternately destroyed and rebuilt by the contending armies, until by the operations of last spring it finally fell into the possession of the military authorities of the United States. By them it was tem- porarily repaired and put in running order and by them retained until about the 25th of last month, when it was turned over to the State, upon certain terms and condi-
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CONFEDERATE RECORDS
tions proposed by the United States. Most of the depots on the road and the work-shops on it are to be repaired or rebuilt; many cross-ties to be furnished, and much of the iron to be relaid. The bridges over the streams were found to be frail and liable to be swept off by the first heavy freshet. Such being the case, the Superintendent and Directors did not hesitate, with my approval, to enter into contracts for the immediate construction of perma- nent and substantial bridges. They are fourteen in num- ber, and by the terms of the contracts are to be completed by the 15th of December next. The rolling stock on the road being insufficient, the Superintendent and Directors purchased of the U. S. nine engines, and about one hun- dred cars. This outlay cannot be met by the proceeds of the road, but will require, it is estimated, more than a half million of dollars.
I have caused some repairs to be put upon the State House and the Executive Mansion. These will require further appropriations to replenish and put them in proper order. Having no available assets with which to pay the mileage of the members of the convention or their per diem, I borrowed, on the faith of the State, from citizens of Augusta, about the sum of fifty thousand dollars to be used by the convention for that purpose. Special contracts have been made with the citizens lend- ing the money, to which contracts I invite your attention, and respectfully ask that they be approved and that provisions be made to meet them promptly.
Since our last election for members of the congress of the United States, a new apportionment of Repre- sentatives has been made under the census returns of 1860; and by the apportionment the number allotted to the State of Georgia is reduced to seven. It being de-
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PROVISIONAL GOVERNOR JAMES JOHNSON
sirable that Representatives should be elected at as early a day as practicable, it will be proper that the convention shall, by resolution or otherwise, divide the State into the requisite number of districts and order that the elec- tion for members to Congress be held on the same day as that on which the Governor and members of the Gen- eral Assembly may be directed to be holden.
The changes which the war and its results have made in our property, population and resources, suggest that some corresponding changes or modifications be made in the organic law fixing the basis and the mode of repre- sentation in each branch of the General Assembly. To approximate perfect justice on this subject is, under the most favorable circumstances almost impossible, but with us, at present, it is still more difficult because of the want of accurate statistical information. For the purpose of adding you in performing this delicate task, I have pro- vured for the use of the convention "Vol. Population" of the census of 1860, and which will be furnished when desired.
Within the past few years, we have made several ex- periments on our judicial system. These experiments, I think, have demonstrated that the Judges should be independent of the Executive; and that sound policy and the wholesome administration of law require that the Governor be deprived of the appointment of all judicial functionaries. The administration of justice will, under the new condition of society, require that the organic law be so made as to allow the legislature to establish inferior tribunals in each county with jurisdiction over certain classes of civil and criminal causes. The sessions of such courts should be frequent, so as to dispatch busi- ness without delay, and should be held subject to legisla-
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CONFEDERATE RECORDS
tion, from time to time, as the public exigencies might require.
In this connection, I cannot forbear earnestly recom- mending to your deliberate consideration, the propriety of ordaining that the Supreme Court shall hold its ses- sions at one place, and that one place shall be the seat of government for the State. The advantages resulting from it will be many and great. It will better secure the convenience of suitors, and approximate more nearly in distributing justice at each man's door. It will add con- sequence to our Capitol, give more dignity to the court, and more authority to their decisions.
The public debt of the State, as reported by the Comp- troller, amounts to about 20,813,525 dollars. Of this sum 2,667,750 dollars were contracted prior to the commence- ment of the war; the balance, about 18,135,775 dollars, during its existence. On the amount incurred previous to hostilities, there is now due and unpaid about the sum of 234,000 dollars.
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