USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 22
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Signed November 3rd, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
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J. D. WADDELL, Secretary.
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398
CONFEDERATE RECORDS
AN ORDINANCE
To legalize the contracts made by guardians, adminis- trators, executors, and trustees, with the freedmen, for the benefit of their wards and estates, and to authorize said guardians, administrators, executors and trustees to make such contracts, until provided for by the Legislature.
Be it ordained by the people of the State of Georgia, in Convention assembled, That all contracts made by guardians, administrators, executors and trustees, with the freedmen and freedwomen for the benefit of their wards, and estate be, and the same are hereby legalized; and that they be authorized to make such contracts until provided for by the Legislature.
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Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
. J. D. WADDELL, Secretary.
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 soldiers of this . State, and for other purposes therein named.
Be it ordained by the people of the State of Georgia, in Convention assembled, That the General Assembly of this State is respectfully requested at its first session under this Constitution, and annually thereafter, to
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make such appropriations and provisions as may in their judgment be necessary for the support and maintenance of the indigent widows and orphans of deceased soldiers of this State.
Be it further ordained, That disabled soldiers who are without the means of support and whose disability is such as to render them incompetent or unable to earn a living by their own exertions, shall be entitled to the benefits of the provisions of the foregoing ordinance.
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
AN ORDINANCE
To ratify certain acts, judgments, and other proceedings therein mentioned.
Be it ordained by the people of Georgia, in Conven- tion assembled, That all the acts and sales of executors, administrators, trustees and guardians, and of judicial and ministerial officers, had, done and performed and made bona fide, and in pursuance of, and under color of law since the 19th day of January, 1861, which are not in conflict with the Constitution of the United States, and of the Constitution of this State, be, and the same are hereby ratified and confirmed, subject however, to the right of appeal and supersedures according to law; provided, that in cases in which judgment or decrees have been rendered in all courts of record in this State, since the 19th day of January, 1861, and prior to this
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CONFEDERATE RECORDS
date, the party against whom such judgment has been rendered, shall be entitled to a new trial or appeal, on affidavit that he was unavoidably absent from the court at the time of the rendition of the judgment; provided, the court shall be satisfied from all the facts which may be submitted by affidavit by both parties that such good and meritorious defense exists, and that such application for a new trial or appeal shall be made within twelve months after the adoption of this ordinance.
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
AN ORDINANCE
To make valid private contracts entered into and execu- ted during the war against the United States, and to authorize the courts of this State to adjust the equi- ties between parties to contracts made, but not ex- ecuted, and to authorize settlements of such contracts by persons acting in a fiduciary character.
SECTION 1. The people of Georgia, in Convention assembled, do ordain, That all private contracts made and 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 binding as if made and executed before hostilities com- menced.
SEC. 2. And it is further ordained, That all contracts made between the first of June, 1861, and the first of
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June, 1865, 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 parties 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 principles of equity ; provided, that contracts executed within the time - specified, and which were simply in renewal of original contracts made before the said first day of June, shall stand upon the footing of contracts executed before hos- tilities commenced.
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 between the first of June, 1861, and the first of June, 1865, contracted with refer- ence to payment in Confederate States of America treasury notes or other currency of a depreciated value, and accept in satisfaction of such indebtedness the fair and reasonable value of such claims.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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402
CONFEDERATE RECORDS
AN ORDINANCE
Extending the time of election of members of the General Assembly until the 25th instant, in certain counties.
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 instant, as provided by the Constitu- tion, be and they are hereby authorized to hold said elections on Saturday, the 25th inst., and that the mem- bers elected as aforesaid be allowed to take their seats at the earliest practicable day after the General Assem- bly 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 copies of this ordinance be printed for the use of the members of this Convention.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
AN ORDINANCE
To render null and void all debts of this State created for the purpose of carrying on the late war against the United States.
Be it ordained by the people of Georgia, in Conven- tion assembled, That all debts contracted or incurred by
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the State of Georgia, either as a separate State, or as a member of the late partnership or confederacy of States. styled the Confederate States of America, for the pur- pose of carrying on the late war of secession against the United States of America, or for the purpose of aiding. abetting or promoting said war in any way, directly or indirectly, be, and the same are hereby declared null and void; and the Legislature is hereby prohibited forever from, in any way, acknowledging or paying said debt. or any part thereof, or from passing any law for that purpose, or to secure or provide for the said debts, or any part thereof, by any appropriation of money, prop- erty, stocks, funds, or assets of any kind to that object.
2. Be it further ordained, That inasmuch as the annual income of the State, before and during said war. from taxation and other sources of revenue, was amply sufficient for the support of the ordinary civil govern- ment of the State, and for the payment of all of its expenses, incident to a state of peace; and as the extra- ordinary expenses which led to the creation of a debt were the offspring and results of the war, it is therefore the judgment, ordinance and decree of this Convention, that all debts of the State incurred during said war, shall be considered, held and treated as debts incurred for carrying on the war; provided, that nothing herein con- tained shall prevent any Legislature hereafter to assem- ble, from making appropriations of money for the pay- ment of any claim against the State originating after the 19th January, 1861, where it shall be made clearly to appear that such claim was founded upon a considera- tion disconnected with any purpose of aiding or assisting the prosecution of the late war against the United States, and not incidental to a state of war.
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CONFEDERATE RECORDS
3. Be it further ordained, That all bills, bonds, notes, or evidences of debt whatever, issued by the State, paya- ble only in Confederate currency, or on a contingency or contingencies which have never happened, and can now never happen, have ceased to be debts at all, either in whole or part, and are hereby wholly prohibited from being paid, even though originally issued for other pur- poses than that of carrying on the said war, or aiding or establishing it, directly or indirectly.
Signed November 8th, 1865.
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HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
AN ORDINANCE
To authorize the Provisional Governor, or his successor, to borrow a sum of money for the pressing necessities of the Western and Atlantic Railroad.
The people of the State of Georgia, in Convention met, do ordain, That His Excellency, the Provisional Governor, 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 direction in supplying the pressing necessities of the Western and Atlantic Railroad; and further, that the income from said railroad may be pledged for the
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payment of the interest and principal of said bonds as the same may become due.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
AN ORDINANCE
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To provide for the payment of the officers and members of the Convention.
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 each per day to the members of the Convention, and the sum of four dollars for every twenty 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, engross- ing, enrolling and other clerks, and the clerk to the com- mittee 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 expenses, or so much thereof as may be necessary to pay the same; the sum of. six dollars each per day to the Doorkeeper, Messenger, and Assistant Messenger, and
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CONFEDERATE RECORDS
the same mileage as is allowed the members, and the sum of fifteen dollars to the Messenger for contingent expenses.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
RESOLUTIONS.
RESOLUTION.
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 purposes of vio- lence, and that the law may be obstructed in its execution, 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 re- sumption and prosecution of the various peaceful and industrial pursuits of the people necessary for their pros- perity and happiness; therefore,
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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 of Georgia to be issued as early as practi- cable, for the formation, in every county in this State, of
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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 Constitution and laws of the United States, and of this State, as he may prescribe; and that such organi- zations as may be made under this resolution, to subsist until otherwise provided by law.
Resolved, secondly, 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 tele- graph to His Excellency Andrew Johnson, President of the United States, and earnestly solicit his approval thereof.
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
RESOLUTION.
The committee of seven to whom was referred the message of His Excellency James Johnson, and the docu- ments accompanying it on the subject of cotton and tobacco purchased by the State, desiring further informa- tion on that subject, it is
Resolved, That His Excellency the Governor, be re- quested to communicate to this committee, if within his
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CONFEDERATE RECORDS
power to do so, how much money has been drawn from the treasury of this State with which to purchase cotton for the State, and how much with which to purchase tobacco, when, by whom, by what and by whose authority it was drawn, whether State or Confederate States money, bills, or bonds, or what, and of different kinds of money, bills or bonds, how much of each kind, and how much cotton and tobacco was purchased with the money of the State so drawn from the treasury, the number of bales and their weight, and when and from whom it was pur- chased, and at what price, and whether it was paid for in the same kind of currency, money or bonds that was so drawn from the treasury with which to purchase those articles ? How many agents were employed by the State, and by whom employed to purchase the cotton and tobacco herein referred to, and who they were, and where they now reside, and then resided, and what compensa- tion, and how and in what it was paid them and each of them, and by whom, for their services; and also what portion of the cotton so purchased by the State has been sold, and by whom and to whom sold, when, at what price, and for what currency it was sold, and what amount of State money issued since the war has been placed in the State treasury, and when, and by whom placed there and what amount of such State money has been ex- changed for Confederate States bills, or bonds, before and since it went into the treasury, and when, and by whom, and with whom, and especially what State officers or officials have made such exchange, and when and with whom, and to what amount such State officer or agent has thus exchanged, and what use has been made by all
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such officials or agents with the Confederate money they thus acquired by such exchange ?
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
RESOLUTION.
Whereas, two telegrams, one from the President of the United States and one from his Secretary of State, have been received and read to the Convention, indica- ting, in rather plain terms, what course should be pur- sued by this Convention in relation to the State debt of Georgia contracted to carry on the war, which telegrams both refer to communications received from the Pro- visional Governor of this State; it is therefore,
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Resolved, That a committee of three be appointed from this body by the Chair, and required to call upon the Provisional Governor, James Johnson, for a copy of the telegrams sent by him to Washington, and all communications between him and the department in Washington, relating thereto.
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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CONFEDERATE RECORDS
RESOLUTION.
To memorialize the President of the United States in behalf of Jefferson Davis, and others.
Resolved, That a committee of five be appointed by the Chair to memorialize the President of the United States in behalf of Jefferson Davis and Alexander H. Stephens; and of James A. Seddon, of Virginia, A. G. McGrath, of South Carolina; Allison and David L. Yulee, of Florida, and H. W. Mercer, of Georgia, now confined as prisoners in Fort Pulaski, at the mouth of Savannah River, and all other prisoners.
Signed November 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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RESOLUTION.
Whereas, under the acts of the Congress of the United States, and the instructions of the treasury department, the assessors for the State of Georgia are about to assess a tax upon real estate upon the valuation of 1860; and whereas, the value of that description of property now, when the assessment is about to be made, is much below that of the year 1860, and will operate injuriously upon the agricultural interests of the State now greatly de- pressed; therefore,
Resolved first, That a committee of five including the President of the Convention as chairman, be appointed
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by the President, whose duty it shall be to memorialize the Hon. Hugh McCulloch, Secretary of the Treasury, requesting a suspension of the assessment until the meet- ing of the Congress of the United States, and that if compatible with his sense of justice he recommend 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.
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Second. That said committee place the memorial, when prepared, in the hands of the Provisional Gov- ernor, with the request that he forward it to the Secre- tary of the Treasury, and give it the influence of his recommendation, if it comport with his sense of pro- priety.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
ADDRESS.
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 constitu- tion strictly republican, wherein the supremacy of the Constitution, constitutional laws, and treaties of the
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by the President, whose duty it shall be to memorialize the Hon. Hugh McCulloch, Secretary of the Treasury, requesting a suspension of the assessment until the meet- ing of the Congress of the United States, and that if compatible with his sense of justice he recommend 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.
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Second. That said committee place the memorial, when prepared, in the hands of the Provisional Gov- ernor, with the request that he forward it to the Secre- tary of the Treasury, and give it the influence of his recommendation, if it comport with his sense of pro- priety.
Signed November 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
ADDRESS.
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 constitu- tion strictly republican, wherein the supremacy of the Constitution, constitutional laws, and treaties of the
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United States of America are distinctly affirmed; having therein recognized the emancipation, by the United States Government, of persons previously held as slaves in this State, and ordained in the fundamental law, that neither slavery or involuntary servitude (save as a pun- ishment 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 restora- tion 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 meas- ures 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 confi- dence in your just and kind intentions towards them; and their anticipations of your conciliatory and trustful consideration of their acts and doings in this Convention.
Signed November Sth, 1865.
REPORT, RESOLUTION AND ORDINANCE IN RE- GARD TO THE FREEDMEN OF THE STATE OF GEORGIA.
The committee to whom was referred the message of the Provisional Governor, enclosing a communication
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from Brig .- Gen. Tillson, Assistant Commissioner of the Bureau of Freedmen, Refugees and Abandoned Lands, have had the same under consideration and direct me to report the following resolution and ordinance :
Resolved, by the Convention, That the wise and lib- eral proposition of Brig .- Gen. Tillson, Assistant Com- missioner of the Freedmen's Bureau, to employ certain officers of this State as agents of said Bureau, to adjust the difficulties between the white and colored people of this State, and to maintain the police of the country, he, and the same is hereby, accepted; and it is hereby ordained by this Convention, That the Justices of the Peace, Ordinaries, and all other civil officers, or unofficial citizens of this State, are hereby authorized to perform such services as may be designated by said agent in ad- justing difficulties between the white and colored popu- lation of this State, in maintaining the police of the country and other similar matters, when ever requested so to act by said Superintendent.
Signed November 1st, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
RESOLUTION.
Authorizing the Secretary to appoint three assistants, and that they be sworn.
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Resolved, That the Secretary of this Convention be
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authorized to employ three clerks to aid him in the dis- charge of the duties of his office.
Signed Nov. 3d, 1865.
HERSCHEL V. JOHNSON, President.
Attest:
J. D. WADDELL, Secretary.
RESOLUTION.
Asking the executive clemency in behalf of citizens not yet pardoned.
Resolved, That a committee of five be appointed by the chair, whose duty it shall be to memorialize His Ex- cellency Andrew Johnson, President of the United States, invoking the executive clemency in behalf of those of our fellow-citizens, belonging to the classes excepted from the benefits of the late Amnesty Proclamation, and who may be as yet unpardoned.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary. :
RESOLUTION.
To raise a commission of five, consisting of Messrs. Starnes, Stephens and others to provide a code, &c.
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 prac- ticable 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 sec- ond 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 Mil- ledgeville, on the 13th instant.
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