USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 30
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PROPOSED AMENDMENT OF THE CONSTITUTION.
As germain to the subject already discussed, I call your attention to another proposed amendment of the Constitution of the United States, transmitted to me by the Secretary of State, and accompanying this commu- nication. The fact that your action upon it is thus in- voked, imposes on you an obligation to consider it re- spectfully.
This amendment, designed, like all of recent origin, to operate especially on the Southern States, contains sev- eral Sections, to some of which I invite special attention.
1. The prominent feature of the first is, that it set- tles definitely the right of citizenship in the several States, as political communities, thereby depriving them in the future of all discretionary power over the subject within their respective limits, and with reference to their State governments proper. It makes all persons of color, born in the United States, citizens.
2. The second changes the basis of representation in the popular branch of the Congress and in Presidential electoral colleges. It provides that, in apportioning rep- resentation among the States, all persons (except In- dians not taxed) shall be taken into the enumeration, un- less the elective franchise be denied in any State to any male inhabitants, being citizens of the United States, and twenty-one years of age, or be in any manner abridged (otherwise than as a punishment for crime,) in which event the representation shall be proportionally reduced.
Whether the object in proposing this change be the
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GOVERNOR CHARLES J. JENKINS
extension of the elective franchise to persons of African descent, (nearly all of whom are notoriously unqualified for it,) or a further diminution of the already relatively small weight of the Southern States in the administra- tion of the government, the adoption of this amendment will certainly force upon them a choice between those evils. If the former be the real object, the latter alter- native must be regarded simply as a penalty for refusing it. In this view, it is not difficult to expose the flagrant injustice of the proposition. Let us consider briefly how the amendment will affect States wherein slavery did not exist prior to the war, and how those wherein it- existed. In the former class, the selection of the one or the other alternative will be only a matter of taste, no great pub- lic interest being involved. If the franchise be extended, the number thus newly admitted to the ballot will be so small that no appreciable effect upon popular elections can result. If refused, the number excluded from the enumeration in fixing the ratio of representation will still be so small, that the consequent reduction would not be seriously felt, and in some instances would probably be merely fractional, producing no curtailment at all. Now, look to the other class of States. There the num- ber of voters proposed to be enfranchised, and wholly unprepared for the trust would be immense, and the dis- turbance in the motive power of republican machinery incalculable. There, too, on the other hand, if the fran- chise be withheld, the reduction of representation would be vast. Is there fairness, is there justice in a proposed change so differently affecting different portions of a country, united under a common government for the common weal? Would the enforcement of such a change by a majority, it could not harm, upon a minority it must ruin, bespeak magnanimity ?
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It may be said in reply, that the Constitution does not respect sectional differences-that it was designed for the protection and advancement of personal rights. To a large extent this is an egregrious error. The Union was originally designed mainly for the conduct of foreign affairs and common defense, leaving to the States the regulation of their domestic concerns. The Constitu- tion resulted from a compromise of sectional interests, without which it could not have been formed. Indeed, in that compromise, the rights and interests of the Caucas- ian as affected by the presence of a very large African population in some of the States, were considered and adjusted. The African element, whether bond or free, was computed alike with reference to this identical sub- ject of representation, and alike ignored regarding the elective franchise.
The objection now urged against the amendment is, that it will fall upon citizens inhabiting one latitude like an avalanche from its mountain perch, crushing where it settles; whilst upon those of another latitude it will alight unfelt like a feather floating in still air.
3. The third Section engrafts upon the fundamental law a new disqualification for office, State and Federal- a disqualification not the result of any act to be done after the adoption of the amendment, but consummated before its conception. The act entailing disqualification for office consists in having heretofore taken an oath to support the Constitution of the United States, and hav- ing thereafter engaged in rebellion or insurrection against the same, or "having given aid and comfort to the ene- mies thereof." Considering the number of our citizens who have taken the oath under the circumstances set forth, the number personally engaged in the war, and the
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GOVERNOR CHARLES J. JENKINS
breadth of ground covered by the words "giving aid and comfort to the enemies thereof,"' we can readily perceive the sweeping character of the disqualification. It is as distinctly proscriptive as if the persons to be affected had been ascertained and their names inserted.
Let it be noted, also, that the proscribed are all dwell- ers on one side of a certain geographical line, whilst the authors of the proscription have their local habitation on the other side.
It is quite remarkable, moreover, that there is in the entire Section no saving clause in favor of those who, in the interval between the cessation of hostilities and the adoption of the amendment, may have received the amnesty of the government. Pardoned they may have been, but disfranchised they will be.
You are asked to give your consent that such a fate be visited upon many of your best citizens, who have long enjoyed the public confidence, and some of whom now fill important public trusts. Can Georgia spare all of these from her service?
5. The fifth and last Section empowers the Congress "to enforce, by appropriate legislation," the provisions of the amendment. It will be contended that they are the proper judges of what constitutes appropriate legis- lation. If, therefore, the amendment be adopted, and a fractional Congress, from which the Southern States, chiefly interested in it, are excluded, be empowered "to enforce it by appropriate legislation," what vestige of hope remains to the people of those States? Nay, more, what semblance of republican government can the true patriot of the North discern in such a state of affairs? Yet, that is the point to which we seem to be drifting;
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for there is no assurance whatever that even this con- cession will ensure our restoration. Amendments have already been proposed to and accepted by us, which it was believed would effect that result; but hope is still deferred, right still denied.
I will not further analyze this amendment, equally novel and unjust.
I ask you to consider, however, why it is that you are called upon to vote upon its adoption, whilst your State had no voice in its preparation? The Constitution se- cures to the States the one right as distinctly and as positively as the other. Had your Representatives, and those of other States similarly situated, been present, aiding in giving substance and form to it, possibly it might have come before you a less odious thing. The policy seems to have been, first to push it, without their participation, beyond the stage of amendment, and then say to them, accept our bantling or take the consequences. The omission of any material part of the process of amendment, makes the amendment itself, unconstitution- al, null and void.
Should the States especially to be affected by this amendment refuse their assent to it, it can not be adopted without excluding them from the count and placing its ratification upon the votes of three-fourths of the now dominant States.
It is said, however, that unless this concession be made, the now excluded States will be kept out of the halls of Congress indefinitely. Were the amendment presented with such menace distinctly expressed, a higher motive (if possible) than any hitherto suggested would prompt its rejection.
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GOVERNOR CHARLES J. JENKINS
At the termination of hostilities, it was right and proper that the previously resisting States should, in the most unequivocal and formal manner, abandon such re- sistance-should rescind all they had done in antagonism to, and do whatever was necessary and proper to place themselves in Constitutional relation with, that govern- ment. All this, we believe, Georgia has done. Beyond this, in acting upon any proposed change in the funda- mental law, even in this critical juncture, my advice is, that her legislators act with the same intelligent judg- ment and the same unflinching firmness, that they would have exercised in the past, or would exercise in the fu- ture, when in full connection and unambiguous position. Any other rule of action may involve sacrifices of inter- est and of principle which magnanimity would not exact and self-respect could not make.
To submit to injurious changes in the Constitution, when forced upon a State, according to the forms pre- scribed for its amendment, would be one thing; to par- ticipate in making them, under duress, against her sense of right and justice, would be a very different thing. The difference, in principle, is as broad as that which dis- tinguishes martyrdom from suicide. Far better calmly await a returning sense of justice, and a consequent re- flux of the tide now running strongly against us.
The military rule to which, as a people, we have been subjected during the past eighteen months, so different from all previous experience, must necessarily be more or less prejudicial to our interests and wounding to our feelings. You are well aware, however, that it has been greatly mitigated during your recess. The administra- tion, I think, have become thoroughly convinced that the
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sword and the bayonet are not necessary to the enforce- ment of law and order in Georgia.
We probably have not now a larger military force within our borders than have often been stationed here in times of perfect peace. Our people, with rare excep- tions, such as occur everywhere, have been quiet, orderly, and devoted to industrial pursuits. The officers of the army and agents of the Freedman's Bureau, stationed among us, have, with few exceptions, manifested a grow- ing confidence and a disposition to relax their authority and leave the administration of the law to the civil courts. Vexatious interferences sometimes occur, usually trace- able to imprudent conduct on the part of misguided citi- zens, or to the officious intermeddling of injudicious or evil-disposed subordinates. Due allowance being made for honest differences of opinion upon questions arising in a novel state of affairs, the President and heads of departments have manifested a gratifying determination to deal justly and kindly with our government and peo- ple. With a view to the adjustment of some points of difference, the more rapid restoration of mail facilities, and the procuring of action upon the application of our citizens for amnesty in which they naturally felt great anxiety, I made a short visit to Washington, and had abundant reason to be gratified by the kindness shown towards our people in word and in act.
FINANCES, STATE DEBT AND TAXATION.
You are fully aware of the difficulties that have beset the fiscal operations of the government during the past year. There has been no relaxation of the pressure upon the treasury since I came into office. Empty when the process of reorganizing the State government commenced,
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GOVERNOR CHARLES J. JENKINS
and the ordinary sources of supply suspended, it has been called upon to meet large arrearages for the year 1865, demands originating anterior to that year, the ex- penses of the provisional government, (except the salary of the incumbent of this office,) expenses of the conven- tion of 1865, those of the reorganized government, repairs and refitting of the Western and Atlantic Railroad, the supply of corn for the destitute, and other appropria- tions made at the late session of the General Assembly. As was anticipated and provided for, these heavy de- mands could only be discharged by recourse to the credit of the State.
The authority given me at your last session to raise money by sale of the bonds of the State has been par- tially executed. After careful consideration and advise- ment with those more versed in financial affairs than myself, I determined, in the exercise of the discretion reposed in me, to issue bonds with the ample security afforded by a mortgage of the Western and Atlantic Railroad. The delay incident to the preparation of these bonds, and the annexation of the mortgage security, ren- dered a resort to temporary loans necessary.
A very liberal spirit was manifested by moneyed cor- porations and by individuals of our own State; but in this time of prostration, barely enough could be real- ized from these sources to defray ordinary expenses and pressing arrearages. To obtain the means of purchasing . corn for the destitute, and making repairs upon the West- ern and Atlantic Railroad, it was found necessary to resort to localities where money was more abundant and States and individuals less needy. In New York, the great commercial emporium of the country, the required relief was found. Loans for four and three months were
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negotiated at the rate of seven per cent. per annum. Only in two or three instances, (within the State) for small amounts comparatively, when there remained no other resource to meet the expenses of your last session, rapidly drawing to a close, was more than seven per cent. paid for these temporary loans. All of the short loans thus far negotiated by myself, and all negotiated by the Provisional Governor, that have matured, have been paid in full. The immature loans contracted by him amount, in the aggregate, to fifty-three thousand, three hundred and thirty-three and one-third dollars, payable in gold or its equivalent in currency. I found the indications clear and cheering that, notwithstanding the great diminution of the material wealth subject to her taxation, her bitter experiences, and her present prostration, our good old State enjoys an honorable and enviable credit. I enter- tain not a shadow of doubt that, if permitted to enter the money market upon her own merits-the ban of the Federal government, which beclouds her future, removed -her securities would command more than par in the present circulating medium. Notwithstanding the pal- pable depression resulting from this cause, (purely polit- ical,) I look with confidence to their appreciation, and therefore have avoided, as far as possible, precipitancy in the sale of them. It seemed to be a foregone conclu- sion, at the money center, that Georgia bonds would be well sold at eighty-five in the hundred, and so it was announced to me. The prompt and decided rejection of all offers below ninety in the hundred speedily brought them to that point, at which, however, no larger amount than pressing necessity required, was sold.
The bonds authorized by the Convention of 1865- amounting to $500,000 and limited in time to five years-
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GOVERNOR CHARLES J. JENKINS
were not well received by capitalists. The time was too short to invite permanent investment, and for that rea- son unsuited to speculation. The Provisional Governor effected sales of them only to the amount of $30,000.00. But this difficulty was overcome in a great measure by incorporating in them a provision making them conver- tible, at the option of the holder, into such bonds, on longer time, as the General Assembly might authorize. The 5th Section of the Act on this subject, approved 12th March, 1866, placing the bonds authorized by the con- vention, in all respects, on the same footing with those provided for in the preceding Sections, fully sustained this expedient. Very cheaply prepared, in a style and with material corresponding to the short existence in- tended for them, they aided the treasury materially whilst more available bonds were in preparation. Looking to the substitution of the latter for the former at an early day, I caused bonds to be prepared conforming to the provisions of the Act above referred to, as follows:
Under the ordinance of the convention as
qualified by the Act of the Legislature_$ 500,000.00
Under the 1st Section of the Act. 1,500,000.00
Under the 7th Section to provide for pay- ment of the Federal tax. 600,000.00
Under 8th Section to fund past due bonds and coupons, 830,000.00
Under 11th Section appropriation Act to
purchase corn for the destitute 200,000.00
$3,630,000.00
The assumption of the Federal tax not having been permitted, and its suspension having dispensed with the necessity for such assumption, the bonds designed for
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this purpose, though engraved, have not been executed, and are deposited in the treasury. Being covered, how- ever, by the mortgage on the Western and Atlantic Rail- road, the General Assembly may, in perfectly good faith, if deemed advisable, order them executed and issued for any other purpose and without additional expense.
No bonds have been sold at a lower price than ninety cents in the dollar, and very few above it. The Treas- urer's report will advise you of the amount sold and the proceeds. It will be necessary to dispose of the entire amount authorized and prepared for sale, whenever a fair price can be obtained; but arrangements have been made which, without increased cost to the State, will obviate the necessity of forced sales below their real market value. The sales not having been completed and the bills for material and work in preparation of the bonds not having been rendered, the expense attending this particular service can not now be stated.
Evidence having transpired that there are extant, bonds of the State not registered in the Treasurer's office, and of exceedingly doubtful genuineness-and one having been presented for refunding which matured sev- eral years since and is marked paid on the registry-it has been deemed necessary to proceed with great caution in the process of funding. All bonds past due are re- quired to be presented for that purpose at the Treasury, and any coupons past due wherever payable may be funded there. Coupons payable in New York or in Lon- don, are fundable in the former city, but all others, only at the treasury. That business is now in progress at both points.
The amount of bonds authorized to be issued for this
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GOVERNOR CHARLES J. JENKINS
specific purpose is $830,550. Of this amount $234,000, it was estimated, would be required to refund past due bonds, leaving to be applied to interest due, the sum of $595,550. The precise amount of past due coupons, then reported to the General Assembly was $596,000, which added to the amount of past due bonds made an aggre- gate of $830,000-showing clearly in my opinion that the General Assembly intended to provide for no interest other than was evidenced by past due coupons. In this view no provision was made for the payment of interest accruing on past due bonds, after their maturity. I know not whether this omission was or was not intentional. It is very true that, under ordinary circumstances, if the holder of such a security fail to present it at maturity for payment, he is held not entitled to interest. This rule has been applied by sundry corporations, private and public, to bonds maturing during the war. I submit to the consideration of the General Assembly, whether such application, under the circumstances, is just and equitable. It is very certain that after Confederate and State Treasury notes had filled up the channels of circu- lation, the presentation of such bonds for payment in the medium contracted for would have been an idle cere- mony. No less certain is it that the holders of many of these bonds were cut off from access to the place of pay- ment by the existing war, and therefore could not make demand. I recommend as more consistent with the honor and dignity of the State that provision be made for the payment of this interest.
Evidence having been presented to this department, that since the last payment by the State on its subscrip- tion to the stock of the Atlantic and Gulf Railroad, ad- ditional installments have been paid in by the private
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stockholders, which by the terms of the Act incorporating the company, approved 27th February, 1856, subjected the State to the payment of $134,500 on her subscription, I have, in obedience to that Act, caused to be executed and delivered to the company, bonds of the State for that sum.
When all of the bonds authorized by the Act of the General Assembly, approved 12th March, 1866, (except those intended for the assumption of the Federal tax,) shall have been disposed of as contemplated, the funded debt of the State will stand thus:
Bonds issued anterior to 1861, and not yet due, $ 2,676,500.00
Mortgage bonds issued in 1866, above men- tioned, 3,030,000.00
Bonds issued to the Atlantic and Gulf Rail-
road in 1866 134,500.00
Total, $ 5,841,000.00
Of this amount $176,500 will mature in 1868; $334,500 in 1869; $164,500 in 1870-making a total of $675,500. The latter. sum, therefore, must be provided for within four years from this time. I recommend that the bonds before mentioned, prepared to meet the Federal tax, but as yet unexecuted, be placed at the disposal of the Gov- ernor, with authority to use them as occasion may be presented by sale or exchange if deemed advisable, in redemption of the bonds to mature in and before the year 1870. The public debt will not thus be increased in amount and may be somewhat diminished.
Bonds amounting to $154,000 will mature in 1871, and
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GOVERNOR CHARLES J. JENKINS
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others amounting to $721,500 in 1872, the aggregate be- ing $875,500 to be provided for in six years.
To meet this and subsequently accruing liabilities I - recommend that the sum of one hundred and twenty thou- sand dollars be annually set apart as a sinking fund accumulative.
If the first class of bonds (to mature within four · years,) be provided for in the manner suggested, and the sinking fund proposed be allowed to accumulate un- til 1872, at 6 per cent. interest, it will be adequate to the payment of the bonds maturing in 1871 and 1872. But, if in the then existing financial condition of the State, it should be deemed advisable by your successors to meet the liabilities of 1871 and 1872 by sale of the State's stock in the Atlantic and Gulf Railroad, or by applying any other resource available at that time, and permit the sinking fund to go on accumulating, the entire debt of the State may, in the progress of time, be easily pro- vided for, and her credit maintained. In urging you to look thus far into the future, and to provide means or initiate a policy for the accomplishment of ends so desir- able, I think I but present a case of clear duty. It is true, that during the immaturity of State securities, if the annually accruing interest be faithfully paid, the holders have no legal right to ask more. But I would press upon your adoption the scheme of a sinking fund, as one of the surest props to State credit, and as an act of justice to posterity ; and for these reasons, as a great measure of State policy. Its great advantage is, that it distributes the burthen of payment equally over a series of years; and, indeed, the sum to be provided in each year will be so small, as scarcely to merit the appellation of a burthen. Whensoever a large amount shall mature
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in any one year, without such provision, either the tax payers of that year must be oppressively burthened, or a new debt must be incurred. Should this occur when money is scarce, it may be difficult, if not impracticable, to place a new loan, thus bring the General Assembly face to face with the alternative of oppressive taxation or dishonor of the State's obligations. The escape from this dilemma, now proposed, is so easy, that I think it will commend itself to the favorable consideration of the General Assembly. The debt of the United States Gov- ernment is so large, and her credit sustained by resources so ample, that her outstanding securities will always af- ford facilities for the investment of the sinking fund and its accumulating interest.
I reiterate the conviction expressed in my first mes- sage to you, that the Western and Atlantic Railroad, put in a condition of thorough repair, and furnished with adequate rolling stock, will in the future, with proper management, sustain itself and yield a revenue, which, increased by dividends that may reasonably be expected from the Atlantic and Gulf Railroad, will always render unnecessary, onerous taxation.
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