USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 24
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CONFEDERATE RECORDS
to exceed adequate compensation for services actually rendered.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
RESOLUTION
Of thanks to the Governor, and authorizing him to pay for printing, &c.
Resolved, That the thanks of this Convention be ten- dered 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.
2. 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 Consti- tution and the address to the President adopted by the Convention.
3. That His Excellency the Governor be requested to draw his warrant or warrants upon the Treasurer 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
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JOURNAL OF THE CONVENTION OF 1865
fixed by law, as the same may be executed, if there be funds in the Treasury to meet said demands.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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A RESOLUTION
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To notify His Excellency, the Governor, that this Con- vention have agreed to adjourn at 12 o'clock, meri- dian, this day, and if he has any further communica- tion to make.
Resolved, That a committee of three be appointed to notify His Excellency the Governor that this Convention have agreed to adjourn this day at 12 o'clock, meridian, and to enquire if, in the meantime, he has any further communications to make.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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CONFEDERATE RECORDS
RESOLUTION
To pay Rev. Mr. Flinn fifty dollars for his services as Chaplain of this Convention.
Resolved, That His Excellency the Governor be, and is, hereby authorized and requested to draw his warrant on the Treasurer in favor of the Rev. W. Flinn for the sum of fifty dollars for his services rendered as Chaplain of this Convention.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest:
J. D. WADDELL, Secretary. .
A RESOLUTION
To print 500 copies of the Report of the Comptroller- General.
Resolved, That five hundred copies of the Annual Re- port of the Comptroller-General, made to the Governor on the 10th inst., be printed for the use of this Conven- tion.
Signed Nov. 6th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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JOURNAL OF THE CONVENTION OF 1865
RESOLUTION
Of thanks to the Secretary and his Assistants.
Resolved, That the thanks of this Convention are ten- dered to the Secretary and his Assistants for the faithful discharge of their duties, and their polite and gentle- manly bearing in their intercourse with this body.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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RESOLUTION
Of thanks to the President of this Convention, the Hon. H. V. Johnson.
Resolved, That the thanks of this Convention are due, and are hereby tendered to the President of this Conven- tion, the Hon. H. V. Johnson, for the ability, impartiality and courtesy that have characterized his administration as our presiding officer.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary. :
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CONFEDERATE RECORDS
RESOLUTION
Of thanks to the committee of sixteen.
Resolved, That the thanks of this Convention be, and they are, hereby tendered to the committee of sixteen, appointed to prepare and report business for this Con- vention, for the diligence, ability and untiring zeal dis- played in the very laborious and satisfactory discharge of the duties devolved upon them.
Signed Nov. 8th, 1865.
HERSCHEL V. JOHNSON, President.
Attest :
J. D. WADDELL, Secretary.
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GOVERNOR CHARLES J. JENKINS.
(From State Archives.)
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THURSDAY, DECEMBER 14th, 1865.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GA., December 14, 1865.
His Excellency Charles J. Jenkins, of the County of Richmond, elected by the people on the 15th of No- vember last, Governor and Commander-in-Chief of the Army and Navy of this State and of the Militia thereof, to serve until the election and qualification of his successor, was this day, at 12 o'clock M., inaugu- rated in the Representative chamber, at the Capitol in Milledgeville, and being conducted by a committee to the executive office, entered upon the discharge of his duties.
The following message was transmitted to the Gen- eral Assembly, to-wit :
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GA., December 15, 1865.
TO THE GENERAL ASSEMBLY :
I respectfully suggest to you the importance of pass- ing, before your contemplated recess, an act providing
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for the admission of the testimony of free persons of color into the courts of the State, with such limitations as your wisdom may devise.
Convinced as I am that such a measure is not only right in itself, but necessary to the full restoration of civil authority in Georgia, I earnestly request your early consideration of the subject.
Many of our citizens now charged with crime or mis- demeanor will probably be remitted to the civil tribunals for trial, if such an act be passed, who will otherwise be tried by military courts. Without intending to insinuate ought against the latter, I may remark that trial by the former is more in accordance with the genius of our institutions and the experience of our people.
Respectfully, etc., CHARLES J. JENKINS.
WEDNESDAY, DECEMBER 20th, 1865.
The following telegram from Hon. Wm. H. Seward to His Excellency James Johnson, Provisional Governor of Georgia, was this day communicated to His Excellency Charles J. Jenkins, Constitutional Governor of Georgia, to-wit :
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GOVERNOR CHARLES J. JENKINS
WASHINGTON, December 19th, 1865.
RECEIVED AT MILLEDGEVILLE, December 20th, 1865.
HIS EXCELLENCY JAMES JOHNSON,
Provisional Governor of Georgia.
SIR: The time has arrived when, in the judgment of the President of the United States, the care and conduct of the proper affairs of the State of Georgia may be remitted to the Constitutional authorities, chosen by the people thereof, without danger to the peace and safety of the United States. By direction of the President, therefore, you are relieved from the trust which was heretofore reposed in you as Provisional Governor of the State of Georgia. Whenever the Governor-elect shall have accepted and become qualified to discharge the duties of the Executive office, you will transfer the papers and property of the State now in your custody to His Excellency the Governor-elect.
It gives me especial pleasure to convey to you the President's acknowledgements of the fidelity, the loyalty and discretion which have marked your administration.
You will please give me a reply specifying the day on which this communication is received.
I have the honor to be Your Excellency's most obedi- ent servant,
WM. H. SEWARD.
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CONFEDERATE RECORDS
WEDNESDAY, DECEMBER 20th, 1865.
The following telegram was received from Hon. Wm. H. Seward, to-wit :
WASHINGTON, D. C., Dec. 19, 1865.
Received at MILLEDGEVILLE, Dec. 20th, 1865.
His Excellency, the Governor of the State of Georgia,
SIR: By direction of the President, I have the honor herewith to transmit to you a copy of a communication · which has been addressed to His Excellency James John- son, late Provisional Governor of Georgia, whereby he has been relieved of the trust heretofore reposed in him and directed to deliver into Your Excellency's possession the papers and property relating to the trust.
I have the honor to tender you the co-operation of the government of the United States whenever it may be found necessary in effecting the early restoration and the permanent prosperity and welfare of the State over which you have been called to preside.
I have the honor to be, with great respect, your most obedient servant,
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W. H. SEWARD.
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GOVERNOR CHARLES J. JENKINS
THURSDAY, DECEMBER 21st, 1865.
The following dispatch was sent to Hon. Wm. H. Seward in reply to the above, to-wit:
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GA., December 21st, 1865.
TO THE HON. WM. H. SEWARD,
Secretary of State, U. S.
SIR: I have the honor to acknowledge the receipt of your telegram of the 19th inst., together with a copy of a communication to His Excellency James Johnson, late Provisional Governor of Georgia.
Be pleased to tender to His Excellency the President my grateful return for his recognition of the official posi- tion in which the people of Georgia have placed me, and assure him of my fixed purpose to observe and obey as well the Constitution of the United States as the Consti- tution of the State of Georgia. Express to him also my thanks for the offered co-operation of the government of the United States in effecting the early restoration and permanent prosperity and welfare of the State. Upon his co-operation our people build earnest hope of a speedy return to suspended relations with the other States of the Union.
I have, sir, the honor to be, very respectfully, your obedient servant,
CHARLES J. JENKINS.
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CONFEDERATE RECORDS
MONDAY, JANUARY 15th, 1866.
The following message was transmitted to the Gen- eral Assembly, to-wit :
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, January 15th, 1866.
SENATORS AND REPRESENTATIVES :
Accept my greeting, upon the resumption of your duties, after a brief recess. During that interval, sup- posed by some to be fraught with peril, although there have occurred, in different localities, shocking exhibi- · tions of crime, we have witnessed no general or concerted disturbance of public tranquility. Doubtless this experi- ence will awaken in all hearts renewed gratitude to, and trust in, an over-ruling Providence; and encourage per- sistent effort to recreate, from our recent chaotic condi- tion, social order, and prosperous domestic economy.
Within a week after your adjournment, His Excel- lency, the President of the United States, was pleased to relieve of his trust His Excellency the late Provisional Governor, and to remit the government of the State of Georgia into the hands of the chosen agents of the people. This was certainly a cheering advance in his restorative policy, and illustrates both the kindness of his purposes, and the wisdom of your patient waiting and prudent action.
During nearly the whole period of your absence from the Capitol, the Congress of the United States has like- wise been in recess, and there have therefore been no decided demonstrations of the policy that will be pursued
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GOVERNOR CHARLES J. JENKINS
by that branch of the Federal Government. But enough has transpired to justify the expectation, that not many months will elapse before our people will be represented in the Halls of Congress. As surely as the laying of a foundation gives promise of a superstructure, just so surely are we guaranteed an early restoration to all of our rights as members of the American Union.
In popular governments, the highest legislative func- tion is that of framing or altering a written Constitution. History furnishes no record of a people, not only per- mitted, but urgently invited, to participate in the exercise of this high function, actually exercising it, and then arbitrarily denied participation in the ordinary legisla- tion springing out of it. An amendment of the Constitu- tion of the United States has been proposed by the Con- gress, in the mode prescribed by that instrument, to the Legislatures of the several States, and its adoption de- pended upon the concurrence of the Legislatures of three- fourths of those States. These bodies assumed, seriatim, as they came into session, to act upon it; those States which had never separated or attempted to separate themselves from the Union, and whose governments therefore had never suffered disorganization, acting first. A point was reached when a concurrence of the requisite number had not been attained, and possibly might not be. At this juncture, States, situated as was Georgia. were one after another getting again into an organized condition ; and their Legislatures, upon their assemblage, were distinctly invited, by Federal authority, to take action upon this very important amendment. Most, if not all of them, among whom was Georgia, not only acted but gave their concurrence. A proclamation has gone forth, announcing formally, that the proposed amend-
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CONFEDERATE RECORDS
ment had been adopted by the Legislatures of three- fourths of the States, the names of which are set forth. In this catalogue are embraced Georgia and several other States not recently represented in Congress, but now prepared and desirous to be so represented. Strike their names from the catalogue of the proclamation, and it would have no constitutional basis upon which to rest. If those States be not in the Union, the Federal theory upon which the war was waged is wrong-and they could not rightfully have voted on the adoption of the amend- ment. Yet their votes were distinctly solicited, have been counted, and have given it the desired sanction.
Shall it be said of a Confederate Republic, that cer- tain States were in the Union for one purpose, and out of it for all others-that whilst invited to participate, and actually participating, in the making of fundamental law, they were incapable of participation in the most trivial act of ordinary legislation-that whilst they, with other States, ordained that certain things be done by the National Legislature, they can have neither part nor lot- in the doing of them? Imagine the criticism upon repub- lican government which such a state of things would envoke from monarchists of the old world. Let us not anticipate this result. It would be too great an outrage upon the excluded States-too disturbing to the self-re- spect of the actors-too damaging to free institutions- if not too high a crime against them, at least too con- spicuous a blunder in the legislation of their chief exem- plar. Such an idea may possibly possess the minds of few persons, having peculiar intellectual and moral idio- syncracies, but surely, will never control the action of the Congress of the United States. Then let us not be so uncharitable as to harbor the suspicion. Being recog-
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GOVERNOR CHARLES J. JENKINS
nized Constitution-makers for the Union, we shall be, ere long, legislators in the Union. I have said thus much on the subject, because of the disquiet it produces in the public mind, which I would fain aid in allaying.
REPORT OF THE COMMISSION.
The commission appointed by the convention which met in October last, to prepare for your consideration a code or system of laws for the government and protec- tion of persons recently emancipated from slavery, and for other purposes, have reported, and I transmit a copy of their report herewith. Without dwelling upon its provisions in detail, I take great pleasure in commend- ing it, as a whole, to your most favorable consideration. It is just and liberal, as it should be, to the freedman. It is safe, as it should be, to the citizen. It extends no political rights to the former, but it gives ample security to his rights of person and of property. Like a great majority of the States which never admitted, or have long since abolished slavery, we are wholly averse to investing him with political rights and privileges. For that very reason, we are under the highest conceivable obligation to protect him in his rights of person and property, and to aid, by all just means, his advance to civilization. This aid we gave him, this advance we effected for him, whilst in slavery. Why should it be withheld now? Whilst we insist upon occupying, in re- lation to those persons, the position of the governing class, let us fully and fairly meet its responsibilities.
With the original report, I also transmit a copy of it with alterations suggested by the commissioners them- selves, upon revision. I invoke for the product of their labors careful examination, divested of all lingering prej-
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udices, engendered in a system which has passed from · us forever. The commissioners have earned your grati- tude, as well as the compensation suggested by the con- vention, which it will be your pleasure to make.
THE WESTERN AND ATLANTIC RAILROAD.
This very valuable item of State property has, as you are well aware, suffered great detriment from the war. The government of the United States, upon taking pos- session of it, through the military authorities, made such repairs as were necessary to make it available for their own uses, but these were not of a permanent or substan- tial character. When delivered to the State authorities in September last, not only was the condition of the road itself bad, but there was an almost entire destitution of rolling stock, machine shops for repairs of locomotives and cars, material to be used in them, ordinary supplies and fuel. The report of the Superintendent (which will be laid before you as soon as received) will inform you that he purchased of the articles above enumerated from the United States government upon terms stated, a very considerable quantity, the cost of which was little short of four hundred thousand dollars. Although this pur- chase involved the assumption of a large discretion, when it is considered that there was at that time no higher authority emanating from the people which could be con- sulted-that, without the property purchased, the road, so necessary to commerce and to the supply of the wants of the people, could not have been operated-that it could not have been purchased elsewhere on a credit, and there- fore not at all-and that even in its dilapidated state, the road, in the short space of two months, yielded a net in-
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GOVERNOR CHARLES J. JENKINS
come exceeding one-half the amount of the purchases- the wisdom of the act will be fully exemplified.
But large as this outlay, it falls far short of what must yet be expended to repair the damages, and put the road in a condition to meet the demands upon it in the transportation of passengers and freight. Several of the largest bridges were destroyed and must be rebuilt. Three of the temporary structures erected to supply their places, have been either swept away or greatly damaged by freshets during your recess, so that no trains can now run continuously between Atlanta and Chattanooga. Daily communication in both directions is indeed main- tained, but at much trouble and expense, and with greatly diminished income. The night trains are now unavoid- ably dispensed with. I doubt not you will be admonished by this unfortunate result, of the necessity of making speedily such expenditure as will effectually prevent its recurrence.
The funds necessary to the object must be raised upon the credit of the State. So soon as I am furnished with an estimate of the probable cost, I will lay it before you for consideration. You will, I am persuaded, feel no hesitation in incurring such debt as may be necessary for the purpose, in view of the assurance furnished by its past operations, that the road will soon work out its own redemption, and then resume its suspended function of feeder to your treasury. Nothing now is needed to make it a source of immense revenue, than solid, per- manent improvements, motive capacity corresponding to its position in connecting lines of railroad, and skillful management. All this Georgia can supply, and will, without unnecessary delay, if true to herself.
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The last mentioned condition of its success, skillful management, demands present consideration. Although I should derive from it incalculable personal relief, I can not concur in the suggestion, that the management of this great public interest should be transferred to a board of commissioners, to be elected by the people, or by the General Assembly. In discharging the responsible duty of "giving you from time to time information of the state of the republic, and of recommending to your considera- tion such measures as I may deem expedient," I shall yield neither to suggestions of morbid delicacy, nor to the fear of being reproached with lust of power. In dis- cussing the relative merits of the present and the pro- posed schemes for the management of the road, both of which have been brought to experimental test, the former finds abundant support in the fact, which I think will scarcely be contested, that the greatest success has been achieved under it. But I rest not the argument on this alone. With a board of commissioners, you will have divided responsibility, divided counsels, bickerings, crim- inations and recriminations, and the inevitable loss of respect for the immediately controlling authority. Be that authority vested in one, or in many, he or they exer- cising it must be so compensated that other avocations may be entirely abandoned, and the whole time given to the work. If there be several inadequately compensated, each will look to some other employment to supply his deficiency of income, and to his associates to supply his deficiency of attention to their joint trust, and thus a great interest will receive little faithful supervision. All can not be adequately compensated for the yielding of their whole time, without incurring enormous expense. This, however, is the least substantial objection.
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GOVERNOR CHARLES J. JENKINS
It will be conceded that capacity for the management of so vast a business can only be fully ascertained by trial. Whoever may be entrusted with it, or however appointed, should be subject to removal instantaneously that in capacity, or infidelity, was developed; and usually the powers of appointment and removal are placed to- gether. The people, in the nature of things, could not exercise the removing power. The General Assembly are not in session one-sixth of time, in an average of years, and when in recess, can not convene of their own pleasure, and therefore are unfit depositories of the re- moving power. If this were separated from the appoint- ing power and vested in the executive, (supposed to be always in place), difficulties still present themselves. First, there would be danger of antagonisms arising be- tween the executive and legislative departments, or be- tween the former and the great body of the people, which would be unfortunate. Secondly, vacancies made should be speedily filled, but this could only be done by giving to the Governor the power of appointment for an interval longer or shorter, according to circumstances; and thus by a free exercise of the power of removal, he might at last draw to himself, in a good degree, that of appointment. This, too, would occasion jealousy and dissatisfaction. To my mind it seems abundantly clear, that system is the best, for such an enterprise, which most certainly fixes personal responsibility, and most effectually secures prompt removal, for incapacity, or faithfulness. This is attained by having all the respon- sibility of superintendence centered in one, and all the responsibility of his appointment and continuance in office, centered in an other, himself immediately account- able to the people.
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The qualifications for superintendence and manage- ment of such a work are by no means common, and can- not be secured without adequate compensation. Lack of qualification can not be supplied by the mere multiplica- tion of employees. Less than one-half the aggregate salaries of five, and but little more than half the aggre- gate salaries of three commissioners, placed at the low- est rate that would command very moderate ability, would doubtless secure one Superintendent of high capac- ity. Hoping that the great importance of the subject will be regarded as sufficient reason for giving it so large a space in this communication, I leave it, with the re- spectful recommendation that very little, if any change be made in the present system, and that the salary of the Superintendent be increased to such an extent, as, in your judgment, will secure the highest capacity for the position. I earnestly request early action upon the whole subject, that there will be no unnecessary delay in putting the road on the proper basis.
THE PENITENTIARY.
Public opinion seems to have been greatly divided upon the expediency of the penitentiary system. The burning of several of the buildings appurtenant to that institution, by the United States' forces in their progress through the State, has furnished its opponents with a favorable opportunity for attack.
The history of punitive justice in the United States, and in Great Britain, from which our ideas of jurispru- dence, civil and penal, have been mainly derived, clearly develops through a series of years, a perceptible reces- sion from sanguinary and degrading punishments. For these have been substituted punishments of decided se-
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