USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 3
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The liabilities incurred before the war is, in every sense a debt, and the State is bound, by every considera- tion of good faith and public morality, so to regard it, and make provision for the prompt and faithful discharge of such liability. No reasonable doubt can be entertained that such will be her pleasure and her action. But the debt created during the war stands on a very different basis. It is of no legal or moral obligation, because it was created to aid in the prosecution of a war of rebellion against the United States. The purpose sought to be accomplished was unconstitutional, and all who partici- pated in anywise in the effort to sever the country were violators of law, and can therefore set up no claim, either legal or equitable, for money advanced or for services
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PROVISIONAL GOVERNOR JAMES JOHNSON
rendered. Furthermore, these contracts from which a liability is said to result were made with Georgia in re- volt-with Georgia as a member of the 'Confederate States' government. The government to which she then belonged has been overthrown, and with its overthrow all Confederate debts became extinct. Georgia as a com- ponent part of it no longer exists, and her debts then incurred have in like manner been extinguished. She is no longer in revolt. She is one of the States of the Fed- eral Union, and in her return to reconciliation her allegi- ance to the government requires that the act of secession be cancelled, and all other acts done and performed in aid of the rebellion be declared void and of none effect. The ultimate redemption of the currency, both State and Confederate, was made dependent in fact and in terms upon the result of the fatal struggle. No one expected payment if finally defeated in our efforts to secure inde- pendence, and, therefore, no plighted faith is violated by a refusal on the part of Georgia to assume to pay an indebtedness dependent on the issue. The currency and the cause flourished together while in life, and now that the cause has no longer a being, the currency that sus- tained it may well be interred in the same grave.
To call a refusal on the part of the State to acknowl- edge or pay these extinct demands repudiation is but a perversion of the use of language, and presents an ap- pearance of an attempt to sustain and uphold a desperate cause by a resort to odious words and opprobrious epi- thets. Our burdens are already great, and our strength greatly diminished. The assumption of such a debt will still add to our weakness, impair our credit, increase our taxes, deter immigration, prevent capital from seeking
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CONFEDERATE RECORDS
an investment among us, and will embarrass us in a variety of ways for years to come.
To transfer this great question to the legislature will be considered as a quasi endorsement of its justice. The legislature will have its own peculiar burdens to bear, and will be pressed with business beyond that of any one that has assembled in our day. It will be charged with framing and passing tax laws, police laws, penal laws, laws relating to contracts and to all the manifold relations of life. Such subjects will be sufficient to con- sume the time and talents of the most able and indus- trious of men, and the public welfare will demand that to these subjects the members of the legislature shall give their earnest, best and undivided efforts. Let not that body, when in session, be besieged from day to day by claimants and their agents and attorneys urging the assumption, in whole or in part, of these unconstitutional demands. Let the hope of reward in such efforts be entirely cut off; let this overflowing fountain of corrup- tion be now and forever dried up; and let the record of your action on this subject discourage in the future all premature efforts to overthrow long and well established government. In a word, ordain solemnly and deliberately that no legislature now or hereafter shall, directly or indirectly, in whole or in part, assume to pay, in any manner, these demands, unconstitutional in their crea- tion, and many of them without even the countenance of equity to support them.
The events of this year will constitute an era in his- tory. Slavery has been abolished in these States. Geor- gia, in convention, is called upon to put on record an acknowledgement of the accomplished fact to give assur- ance to mankind that involuntary servitude shall not
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PROVISIONAL GOVERNOR JAMES JOHNSON
hereafter, in any form, or by virtue of any device, exist within her borders; to enjoin our succeeding legislators that they shall guard by law, the community from the evils of sudden emancipation; shall secure those emerg- ing from bondage in the enjoyment of their legal rights, and shall protect the humble, the ignorant and the weak from wrong and aggression. Such are some of the un- forescen and wonderful results of war. In passing through this revolution our chastisements have been severe, and our calamities have been heavy, but we should do well to remember that this great change is of Him who does all things wisely, and "according to the coun- sels of His will."
JAMES JOHNSON, Prov. Gov. of Ga.
WEDNESDAY, OCTOBER 25th, 1865.
The following communication was this day received at this office from Brigadier-General Davis Tillson, touching the appointment of civil officers as agents of the Freedmans' Bureau, to-wit :
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CONFEDERATE RECORDS
BUREAU OF REFUGEES, FREEDMEN AND ABANDONED LANDS, OFFICE ACTING ASSISTANT COMMISSIONER,
STATE OF GEORGIA, . AUGUSTA, GA., October 25th, 1865.
His Excellency JAMES JOHNSON,
Provisional Governor State of Georgia, Milledgeville.
I have the honor to state that it will probably be found impossible to obtain a sufficient number of officers from the army to organize this Bureau and distribute them throughout the State in such a manner as to prevent loss of time and vexatious delay in the transaction of busi- ness.
Under these circumstances, I have the honor to request that you will instruct such of the Justices of the Peace and Ordinaries of counties as may be designated from this office to act within the limits of their jurisdiction as agents of the Bureau, thereby enabling the people to adjust their difficulties and maintain the police of the country through the convenient channels to which they have been accustomed.
I beg to state frankly, that in my selection I should be guided wholly by questions of competency and fitness.
Such of these officers as may be willing to act con- scientiously and to do simple justice without reference to condition or color, will be deemed eligible for the position.
The administration of justice through unusual chan- nels necesarily occasions dissatisfaction. Should my
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PROVISIONAL GOVERNOR JAMES JOHNSON
request be granted, there is reason to hope that much of the present irritation on the subject would be allayed and removed.
I am, very respectfully,
Your Excellency's Obt. Servant,
DAVIS TILLSON,
Brig .- General Volunteers and Act. As. Comr. Bureau R. F. & A. L., State of Georgia.
The following message was transmitted to the con- vention, to-wit :
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 25th, 1865.
GENTLEMEN OF THE CONVENTION :
Brigadier-General Davis Tillson, Acting Assistant Commissioner, Bureau of Refugees, Freedmen and Abandoned Lands, has communicated to me a proposition on a subject to which I invite your attention. You will find it contained in the copy letter hereto attached.
Not having power to confer jurisdiction on courts, or to prescribe the mode of trial of offenders, I could not enter into the arrangement suggested, but submit the matter to the discretion of the convention. Such an arrangement, if made and executed in good faith by the officers designated, will, in my judgment, tend much to an early removal of martial law.
J. JOHNSON,
Prov. Gov. of Ga.
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CONFEDERATE RECORDS
SATURDAY, OCTOBER 28th, 1863.
The following message was transmitted to the con- vention, to-wit :
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 30th, 1865.
Gentlemen of the Convention:
I have the honor herewith to submit to you showing the amount of money received and expended by me since entering upon the duties of my office.
Borrowed of T. S. Metcalf, of Augusta, in gold,
bearing interest at the rate of 7 per cent.
per annum, and payable in gold on the 6th of December, 1866, or 1st of December, 1867, at the election of the State $ 20,000.00
Borrowed of E. M. Bruce & Co. 10,000.00
", " Augusta Manufacturing Co. 5,000.00
" J. M. Newby 2,500.00
" C. F. McKay 5,000.00
Cash of G. F. Cross pr. cards sold
2,000.00
The gold received was sold at a premium of
461% per cent., making
9,300.00
Total $ 53,800.00
The last sums named were received in currency, and are to be paid in currency and bear interest at the rate of 7 per cent. per annum from the 6th of October, 1865, payable out of the first available taxes collected.
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PROVISIONAL GOVERNOR JAMES JOHNSON
The expenditures are as follows, to-wit:
Items in Warrants in Comptroller-General's
Report $ 4,050.00
Freight on Public Documents'. 10.00
H. J. G. Williams, temporary services 25.00
Advance to L. H. Briscoe, Secretary 85.00
D. A. Caraker, work and materials_ 326.70
R. F. Williams, repairs on State House clock. 40.00
E. D. Brown, lightwood furnished. 150.00
Total -$ 4,686.70
J. JOHNSON,
Prov. Gov. of Ga.
October 30th, 1865.
MONDAY, OCTOBER 30th, 1865.
The following message was transmitted to the con- vention, to-wit :
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 30, 1865.
GENTLEMEN OF THE CONVENTION :
On last evening I received the following telegrams. Concurring in the justice and propriety of the views
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CONFEDERATE RECORDS
therein contained, it is respectfully recommended that the action of the convention conform thereto.
J. JOHNSON,
Prov. Gov. of Ga.
[Inclosure No. 1.]
WASHINGTON, October 28th, 1865.
To His Excellency, JAS. JOHNSON :
Your several telegrams have been received. The President of the United States cannot recognize the peo- ple of any State as having resumed the relations of loyalty to the Union that admits as legal obligations, contracts or debts created on them to promote the war of the rebellion.
WILLIAM SEWARD.
[Inclosure No. 2.]
WASHINGTON, October 28th, 1865.
GOVERNOR JOHNSON :
Your dispatch has been received. The people of Georgia should not hesitate one single moment repudiat- ing every single dollar of debt created for the purpose of aiding the rebellion against the government of the United States. It will not do to levy and collect taxes from a State and people that are loyal and in the Union, to pay a debt that was created to aid in taking them out, thereby subverting the constitution of the United States.
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PROVISIONAL GOVERNOR JAMES JOHNSON
I do not believe the great mass of the people of the State of Georgia, when left uninfluenced, will ever submit to the payment of a debt which was the main cause of bring- ing on their past and present suffering, the result of the rebellion. They who vested their capital in creation of this debt, must meet their fate and take it as one of the inevitable results of the rebellion, though it may seem hard to them. It should at once be made known, at home and abroad, that no debt contracted for the purpose of dissolving the Union of the States can or will be paid by taxes levied on the people for such purposes.
ANDREW JOHNSON, President U. S. . .
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, October 30th, 1865.
· Pursuant to an election held in the county of Gordon for two Justices of the Peace, the returns of which have been certified to this office, commissions were this day issued to W. H. McDaniel of the 1055 District, and Samuel D. Wylie of the 849 District, Gordon County.
Also, a commission to Cicero A. Poole of the 1043 District, Paulding County.
By the Governor :
L'. H. BRISCOE, Secretary.
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CONFEDERATE RECORDS MONDAY, OCTOBER 30th, 1865.
EXECUTIVE OFFICE,
PROVISIONAL Gov'T. OF GA., MILLEDGEVILLE, October 30th, 1865.
TO THE CLERK OF THE SUPERIOR COURT
OF NEWTON COUNTY :
Whereas, At a recent session of Newton Superior Court Uil Harper, Josiah Wooley, Marion Mitchell, A. P. Mitchell and John M. King were indicted by the Grand Jury of said County for "retailing spirituous liquors without license," and on being arraigned plead guilty, whereupon a fine of fifty dollars was imposed on each defendant and costs of prosecution. And whereas, Hon. Alexr. M. Speer, the presiding Judge who imposed said fines, together with other prominent citizens, have peti- tioned me that said fines be remitted, it is therefore
Ordered, That the said fines be, and they are hereby, fully remitted.
Given under my hand and the Seal of the Executive Department, the day and year above written.
JAMES JOHNSON,
Prov. Governor of Georgia.
By the Governor :
L. H. BRISCOE, Secretary.
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PROVISIONAL GOVERNOR JAMES JOHNSON
TUESDAY, OCTOBER 31st, 1865.
EXECUTIVE OFFICE, PROVISIONAL Gov'T. OF GA., MILLEDGEVILLE, October 31st, 1865.
Gentlemen of the Convention:
In reply to your resolution asking information relat- ing to the cotton purchased and assets of the State held abroad, I have the honor herewith to submit to you cer- tain communications,* letters and copy notes, which con- tain all the information that I have in my possession.
From these documents it appears that the cotton in Savannah, which was captured, had been previously sold without authority.
Learning also in this connection, that the notes of Mr. Brigham as set out had been executed for the pur- chase thus made, I did not hesitate to notify the Secretary of the Treasury of the United States that the State of Georgia might set up a claim to the cotton sold and captured.
Upon this state of facts, Georgia, in my opinion, has her election, either to ratify the contract or disaffirm it. I respectfully recommend that the notes be returned to the parties executing them, and that the Government of the United States be notified that the claim against it for the cotton captured belongs to and will be insisted upon by Georgia.
JAMES JOHNSON,
Prov. Gov. of Ga.
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CONFEDERATE RECORDS
*[Enclosure No. 1.]
MILLEDGEVILLE, GA., August 12th, 1865.
His Excellency JAMES JOHNSON :
SIR: In compliance with your request, I submit the following statement of facts in reference to the cotton belonging to the State of Georgia, which was at Savan- nah, when the city was occupied by General Sherman's forces, which had been purchased, partly under acts of the Legislature, and partly on account of the State road, which is the property of the State.
Before proceeding, however, I wish to premise, that I have not the reports of the agents of the State now before me, and cannot state accurately, the number of bales of cotton then in Savannah, belonging to the State. Full reports will be made and an accurate statement of the whole number of bales purchased for the State and the disposition made of each, will be submitted to your Excellency in proper time to be laid before the Legis- lature.
When General Sherman was on his march through the State, and before he had reached within two hundred miles of the city of Savannah, I sent Mr. Robert L Rodgers, a reliable officer of the State road, to Savannah, with orders to call on Dr. G. D. Phillips, Superintendent of the road, then at No. 31/2, on the Central road, with the rolling stock of the State road, for all the motive power necessary to remove all the State's cotton from Savannah. The number of engines and cars at command was ample for this purpose, and I directed Mr. Rodgers to carry the cotton out by the way of Charleston, and to such place in upper Carolina as might be safe.
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PROVISIONAL GOVERNOR JAMES JOHNSON
Mr. Rodgers went to Savannah, and as he reported, applied to Lieut .- General Hardee, in command, for leave to ship the cotton over the road towards Charleston, on State road cars, which was positively refused. After he found that all efforts to ship were fruitless, he consulted Colonel A. Wilbur, who had most of the cotton in charge as agent of the State, and who was authorized to sell for currency in hand or on short time, the part which was purchased by the Western and Atlantic Railroad, and informed him of the decision of General Hardee.
On receiving this information, Colonel Wilbur, as I am informed, consulted with General Toombs, then in the city, and with other men of good judgment, who were officers of the State, who advised him to sell the cotton. He then sold 1,650 bales of it to Mr. H. Brigham at $1.10 in currency per pound, and took notes for the amount guaranteed by other parties, as will be seen by reference to the notes now of file in the State Treasury, amounting in the aggregate to $871,200. These notes were due six months after date, in Confederate States Treasury Notes, or State Treasury Notes, with privilege to the parties at maturity, to renew them for six months more, by paying interest for the last six months.
As soon as the trade was closed and the notes taken, Colonel Wilbur sent them to me at Macon, by Captain Gilmartin. At the time Captain Gilmartin reached Macon, it was the received opinion there, in which I con- curred, that General Sherman would cross the river above Savannalı, and seek his water base at Hilton Head. Colonel Wilbur was only authorized to sell the part of the cotton purchased by the State road, and he was not authorized to give so long a time for payment. By the terms of the contract, the parties could pay in Confed-
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CONFEDERATE RECORDS
erate notes at their option. In view of all these facts, I decided that I would not ratify the contract. I would not then have sold any property of my own for Confed- erate notes, payable in twelve months, and I would not do for the State in this particular, what I would not for myself. I therefore wrote to Colonel Wilbur, that I declined to ratify the sale, as I preferred to take the risk, sooner than take the notes, due so long after date.
This letter I sent by Captain Gilmartin, who started immediately back to Savannahı by way of Thomasville. But before he reached Savannah the road was cut by General Sherman's Cavalry, and communication with Colonel Wilbur rendered impracticable.
He returned, and I directed him to keep the notes in a safe, till further orders. I afterwards heard, that the purchasers had filed their claim for the cotton, after it fell into the hands of the United States authorities. On my return from New York, in June last, I met Colonel Wilbur in Savannah, who told me, the parties were still willing to abide by the contract, and to pay their notes in State Treasury notes. After this, I received the notes from Captain Gilmartin, and turned them over to John Jones, State Treasurer, where your Excellency has access to them.
I am, very respectfully,
Your obedient servant,
JOSEPH E. BROWN. (Signed)
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PROVISIONAL GOVERNOR JAMES JOHNSON
[Enclosure No. 2.]
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, August 16th, 1865.
HON. HUGH MCCULLOCH,
Secretary of Treasury, U. S., Washington, D. C.
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 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. Governor 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 meantime, I hope the claim of the State will not suffer prejudice.
Yours truly, JAS. JOHNSON, Prov. Gov. of Ga.
[Enclosure No. 3.] (COPY)
$63,511.00 .- On or before the first day of June, 1865, I promise to pay to the order of Joseph E. Brown, Gov-
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CONFEDERATE RECORDS
ernor of the State of Georgia, with the privilege of renewal for an additional six months, with interest after renewal, the sum of sixty-three thousand five hundred and eleven dollars, in Confederate States Treasury notes, or in State of Georgia Treasury notes, of the new issue, being in part purchase of (1,650) sixteen hundred and fifty bales cotton.
Savannah, November 30th, 1864.
(Signed)
H. BRIGHAM. .
(COPY)
$49,632.00 .- On or before the first day of June, 1865, I promise to pay to the order of Joseph E. Brown, Gov- ernor of the State of Georgia, with the privilege of renewal for an additional six months, with interest after renewal, the sum of forty-nine thousand, six hundred and thirty-two dollars, in Confederate States Treasury notes, or in State of Georgia Treasury notes, of the new issue, being in part purchase of (1,650) sixteen hundred and fifty bales cotton.
Savannah, November 30th, 1864.
(Signed)
H. BRIGHAM.
We, the undersigned, hereby bind ourselves as securi- ties, each in the sum of one hundred and seventy-four thousand, two hundred and forty dollars ($174,240).
(Signed) D. H. BALDWIN, ANDREW LOW,
A. WILBUR, WARREN MITCHELL.
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PROVISIONAL GOVERNOR JAMES JOHNSON
(COPY)
$318,761.00 .- On or before the first day of June, 1865, I promise to pay to the order of Joseph E. Brown, Gov- ernor of the State of Georgia, with the privilege of renewal for an additional six months, with interest after the renewal, the sum of three hundred and eighteen thou- sand, seven hundred and sixty-one dollars, in Confed- crate States Treasury notes, or in State of Georgia Treasury Notes of the new issue, being for part purchase of (1,650) sixteen hundred and fifty bales cotton.
Savannah, November 30th, 1864.
(Signed)
H. BRIGHAM.
(COPY)
$439,296.00 .- On or before the first day of June, 1865, I promise to pay to the order of Joseph E. Brown, Gov- ernor of the State of Georgia, with the privilege of renewal for an additional six months, with interest after renewal, the sum of four hundred and thirty-nine thou- sand, two hundred and ninety-six dollars, in Confederate States Treasury notes, or in State of Georgia Treasury notes of the new issue, being in part purchase of (1,650) sixteen hundred and fifty bales cotton.
Savannah, November 30th, 1864.
(Signed)
H. BRIGHAM.
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CONFEDERATE RECORDS [Enclosure No. 4.]
SAVANNAH, September 9th, 1865.
His Excellency JAMES JOHNSON :
Provisional Governor of Georgia:
SIR: Mr. Wilbur writes me from New York, relative to an interview with you on the subject of a quantity of cotton purchased by me from the State of Georgia, in November last, and I presume he gave you all the par- ticulars of the transaction.
I will say, that the purchase was made in perfect good faith, and I expected to have been able to place the funds in Milledgeville long before the notes became due, as I had quite an amount in Columbia and in Augusta. The occupation of the roads by the Union army, however, prevented my accomplishing the object, as I was not per- mitted to send funds or letters appertaining to business to any point outside.
I made every effort to communicate with Governor Brown, and sent specially to him to see if I could not arrange the matter by paying in sterling at a rate, as Confederate money had become so nearly worthless that I did not desire to offer it to him, and I have not pro- posed to pay in this kind of funds. Now my position is this: After the Union army came into Savannah, hear- ing not a word from Governor Brown, or any one else, that the trade was not satisfactory, and finding that the cotton was being taken away, and no owner allowed to go near it, or to know when and by what vessel it was taken, I made an arrangement (as did most holders of cotton here) with parties to follow it, and gave them the claim to collect on certain conditions, and they now hold
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PROVISIONAL GOVERNOR JAMES JOHNSON
my power of attorney, and have expended some money probably. I also paid some insurance and other expense.
Had I known that there was any hesitation on the part of Governor Brown, or any one in authority, in con- firming the sale, I certainly should not have taken any steps to recover proceeds. But so far from knowing anything about it, I became satisfied that the notes had been received, and supposed all to be satisfactory, and I never heard to the contrary until a few days before Mr. Wilbur left for the up-country and the North.
I have thus stated my position, and I desire to have a perfect understanding, and will feel obliged if you will advise me what you desire me to do in the matter. I would, of course, not propose to pay in Confederate money, but would pay an amount in currency and settle the matter, if agreeable to you.
The chances for recovering the cotton, or the pay for it, are not very promising, and I regret that I ever made the purchase.
Hoping that you will favor me with your views upon this matter, I remain,
Yours truly,
(Signed)
H. BRIGHAM.
P. S .- If necessary, I will try and come to Milledge- ville, and have the above matter fixed, although it is not convenient to leave just now. H. B.
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