USA > Georgia > The Confederate records of the State of Georgia, Vol 4 > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35
Yours, etc., JAMES JOHNSON, Prov. Gov. of Ga.
*See Convention Journal, page 410.
-
100
CONFEDERATE RECORDS
TUESDAY, NOVEMBER 21, 1865.
Proclamation. BY JAMES JOHNSON,
Provisional Governor.
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 21st, 1865.
Whereas, The late convention did ordain, That the Provisional Governor should provide for the formation of one or more militia or volunteer companies in each of the counties of the State to act as a police force to suppress violence, to preserve order and to aid the civil officers in the enforcement of the laws under such regu- lations as might be consistent with the laws of the United States,
Now, therefore, I, James Johnson, Provisional Gov- ernor of the State, do hereby authorize and request the people of this State to organize, according to law, in each of the counties of the State, a volunteer company for the purpose of aiding the civil authorities in the ex- ecution of law and the suppression of violence.
And it is hereby further declared, that such companies when so formed and organized, shall be auxiliary and subordinate to the civil officers that they shall arrest no person, and shall search the house of no person, without a legal warrant regularly issued by some magistrate having authority, and shall, in no case, inflict any pun- ishment except by the judgment and direction of a duly qualified civil officer having jurisdiction of the offense.
-
101
PROVISIONAL GOVERNOR JAMES JOHNSON
And Whereas, It is desirable to have uniformity in command, and that there should be no conflict between the military authorities of the State and the United States; it is further declared, that said companies, when formed within their respective counties, shall be under the control and subject to the orders of the military com- manders of the United States commanding the district, and for a violation of these regulations, and for any other offence committed, shall be tried and punished according to the rules prescribed for the government of the army of the United States.
Given under my hand and the Seal of the Executive Department, at Milledgeville, on this, the 21st day of November, A. D., 1865.
JAMES JOHNSON,
Prov. Gov. of Ga.
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 21st, 1865.
It appearing from the certificate of Hon. Robert H. May, Mayor of the city of Augusta, that John C. Snead, Esqr., was duly elected Judge of the City Court of the city of Augusta at an election held by the city council of said city, it is hereby
Ordered, That in pursuance of an act approved 15th February, 1856, a commission in usual form do issue to him as Judge aforesaid, for the term prescribed by law.
JAMES JOHNSON, Prov. Gov. of Ga.
102
CONFEDERATE RECORDS
THURSDAY, NOVEMBER 23rd, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 23rd, 1865.
HENRY BRIGHAM,
Savannah, Ga.
SIR: I am directed by His Excellency, the Provis- ional Governor, to enclose you a certified* copy of a reso- lution passed by the late State Convention, disaffirming the sale of State cotton made to yourself, and to state that he is ready to return your notes, and to pay the expenses on the conditions named, whenever you make the assignment specified in the resolution.
Respectfully, Your Obt. Servt.,
L. H. BRISCOE, Secretary.
P. S .- I am instructed also to inclose the within "form of assignment," with a request that it be executed at your earliest convenience, and returned to this office, on receipt of which the notes and money will be for- warded as you may direct. L. H. B.
*See Journal of .Convention, page 432.
L
PROVISIONAL GOVERNOR JAMES JOHNSON
103 .
THURSDAY, NOVEMBER 23, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, November 23, 1865.
HON. HUGH MCCULLOCH,
Secretary of the Treasury, Washington, D. C.
SIR: I am directed by His Excellency, the Governor, to enclose herewith the *copy of a resolution passed by the late Convention of this State, touching certain cotton captured by the Union army at Savannah and claimed by the State as its property.
Your attention is called in this connection to a com- munication of the Governor of the 16th of August, in which notice was given that the State might probably assert its claim to this cotton, and expressed a hope that until some action was taken by the Convention or Legis- lature, the claim of the State might not suffer prejudice.
Very respectfully, your obt. servt.,
L. H. BRISCOE, Secretary.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 24th, 1865.
Ordered, That John Johns, Jr., of the city of Rich-
.See Convention Journal, pages 143, 243, 432.
104
CONFEDERATE RECORDS
mond, State of Virginia, be, and is hereby, appointed Commissioner of Deeds for the State of Georgia to reside in the city and State aforesaid. And that commission do issue to him accordingly in usual form.
JAMES JOHNSON, Prov. Gov. of Ga.
THURSDAY, NOVEMBER 30, 1865.
(COPY)
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, November 30, 1865.
Twelve months after date the State of Georgia promises to pay Leonidas A. Jordan, or order, thirty- three thousand three hundred and thirty-three 33/100 dollars in gold coin of the United States for value re- ceived, with interest from date at seven per cent. per annum, payable in United States currency, and if so paid interest to be calculated and paid in kind on the amount of principal.
In witness whereof I have hereunto affixed my hand and Seal of the Executive Department the day and year above written.
JAMES JOHNSON,
Prov. Gov. of Ga.
105
PROVISIONAL GOVERNOR JAMES JOHNSON
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 30, 1865.
Having borrowed of L. A. Jordan, for the use of the State, the sum of fifty thousand dollars in currency, it is
Ordered, That the same be deposited in the treasury of the State; said obligation to be placed on record.
Given under my hand and Seal the day and year above written.
JAMES JOHNSON,
Prov. Gov. of Ga.
THURSDAY, NOVEMBER 30, 1865.
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, November 30th, 1865.
Whereas, Henry Brigham, of Savannah, having ex- ecuted and delivered an assignment of all the cotton pur- chased of A. Wilbur, agent of the State, in compliance with the terms prescribed by the ordinance of the late Convention, it is hereby
Ordered, That the sum of two hundred dollars be paid him and that the Treasurer deliver to him, or his agent, the notes given for the payment of the purchase money.
106
CONFEDERATE RECORDS
Given under my hand and seal, this the 30th day :f November, A. D., 1865.
JAMES JOHNSON,
Prov. Gov. of Ga.
EXECUTIVE OFFICE, . PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, November 30, 1865.
TO THE HONORABLE JUSTICES OF THE INFERIOR COURT
OF THE COUNTY OF DEKALB :
Whereas, a vacancy has occurred in the representa- tion of said county in the General Assembly of this State, to convene on the 4th day of December next, by the resig- nation of John McElroy, member-elect to the House of Representatives :
By virtue of the authority in me vested by the Consti- tution and laws of this State, I, James Johnson, Pro- visional Governor of Georgia, do hereby direct that you order and publish a day for holding an election in said county to supply said vacancy, giving twenty days notice of the same; and that the returns of said election be duly forwarded to this office.
Given under my hand and Seal of the Executive De- partment, at the Capitol in Milledgeville, the day and year aforesaid.
JAMES JOHNSON,
Governor.
By the Governor,
-
L. H. BRISCOE, Secretary.
-
107
PROVISIONAL GOVERNOR JAMES JOHNSON
MONDAY, DECEMBER 4, 1865. -
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, December 4, 1865.
Proclamation.
BY JAMES JOHNSON,
Provisional Governor of Georgia.
Whereas, an election ordered and directed by the Convention to be holden for seven members to represent the State of Georgia in the House of Representatives of the Congress of the United States for two years from the 4th of March, A. D., 1865, was so held on the 15th of November, A. D., 1865; Now, therefore, I, James John- son, Provisional Governor, having counted the votes by the returns made to this office, do declare that the Hon. Solomon Cohen received the largest vote in the First Congressional District ; Hon. Phillip Cook in the Second; Hon. Hugh Buchannan in the Third; Hon. E. G. Cabiness in the Fourth; Hon. J. D. Mathews in the Fifth; Hon. J. H. Christy in the Sixth, and Hon. W. T. Wofford in the Seventh.
And I do further declare, that as at present advised, no certificates will be issued.
Given under my hand and the Seal of the Executive Department, the day and year above written.
JAMES JOHNSON,
Prov. Gov. of Ga.
108
CONFEDERATE RECORDS
TUESDAY, DECEMBER 5, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, December 5th, 1865.
TO THE HON. JUSTICES OF THE INFERIOR COURT OF
THE COUNTY OF RANDOLPH :
Whereas, a vacancy has occurred in the representa- tion of said county in the Georgia State Convention by the resignation of the Hon. L. C. Sales; And whereas, It is the duty of the Governor in all such cases to issue his writ of election to fill such vacancy,
Now therefore, I, James Johnson, Provisional Gov- ernor of the State of Georgia, do issue this my writ of election requiring you, or a majority of you, after giving due and legal notice, to cause an election to be held in manner and form as required by law to fill said vacancy.
Given under my hand and the Seal of the Executive Department the day and year above written.
JAMES JOHNSON,
Prov. Gov. of Ga.
By the Governor :
L. H. BRISCOE, Secretary.
109
PROVISIONAL GOVERNOR JAMES JOHNSON
TUESDAY, DECEMBER 5, 1865.
The following message from His Excellency, James Johnson, Provisional Governor of Georgia, was trans- mitted to the General Assembly, to-wit:
EXECUTIVE OFFICE,
PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, December 5, 1865.
GENTLEMEN OF THE SENATE AND
HOUSE OF REPRESENTATIVES :
Since you last assembled, great changes have taken place in our social and political condition, and upon you it is imposed the delicate and arduous task of adapting our laws and their administration to the wants and de- mands of society. To effect this purpose successfully, it will be readily suggested to you that it will not only be necessary that many of the existing statutes be repealed or modified, but that also many new provisions defining crimes and regulating the administration of law be intro- duced and adopted. In a communication of this character a specification of the proper alterations and amendments could not be expected.
In this connection I will, however, remark that from my experience at the bar, I do not hesitate to affirm that one of the most serious evils which has hitherto charac- terized the administration of civil and criminal justice has been the delay attending the trial of causes in the circuit courts. Hesitating plaintiffs and reluctant de- fendants, whether debtors or criminals, resort to strata- gem and demand continuances as a matter of right, which
-
110
CONFEDERATE RECORDS
are usually allowed, or at least often allowed, upon a slight and trivial showing. The trial should be fair and impartial; but in human governments judgment against an evil deed should be speedily executed, "that the hearts of the children of men should not be set in them to do evil." The trial is had for the purpose of ascertaining the truth and the testimony of witnesses, though uncer- tain, fallible, and often false, is the best and only means given to us to arrive at it; and it will be borne in mind that the tendency of the age in all civilized governments is not to limit arbitrarily the range of examination, but to enlarge it, not to increase the class of persons made incompetent to testify by the rules of the common law, but to allow even parties to the cause to be heard; to submit the character and the credibility of the witnesses to the judgment and discretion of an enlightened court and jury, to be by them, under the rules and sanctions of law, considered and adjudged. The visitation of pun- ishment on offenders should not only be speedy and certain, but it should be proportioned to the nature and character of the offence. It should be sufficiently severe to deter persons from its repetition, and of a nature to reform, if possible, the offender himself. Cruel and un- usual punishments are condemned by our fundamental daw, and refinement and civilization require that the human body should be neither marked or mutilated. Such penalties for crime should be prescribed and inflicted as . will meet the approbation of the merciful and humane; such as will not, by their severity and barbarity cause enlightened juries to shrink from the duty of prompt conviction on testimony excluding reasonable doubt. Our financial condition and our deranged social relations re- quire a new code. One which shall have incorporated in it the principles and maxims alluded to. Solitary con-
111
PROVISIONAL GOVERNOR JAMES JOHNSON
finement in the penitentiary is to be succeeded by penal- ties more adequate to the suppression of crime and more effectual in protecting society from danger.
I trust that in a few days I shall be able to lay before you a report from the Superintendent of the Western & Atlantic Railroad, showing the receipts and disburse- ments from the period it was turned over to the State to the present time; showing also the progress made in the construction of the bridges and all other material details therewith connected of general interest. The operations for the period of time stated, under the management and control of the Superintendent and subordinates will, it is believed, be highly satisfactory and will recommend the industry and fidelity of the officers to a general and unqualified approval. Appropriate qualifications for the successful management of a road transacting so large and so extensive a business, and the requisite capacity and attainments proper for the acceptable discharge of the functions of the executive office can seldom be found united in the person of any one individual. Moreover, the ordinary duties pertaining to each position are suffi- ciently numerous and onerous to require the undivided time and attention of any man to whose charge such a trust may be committed. For these reasons, and for a variety of others that will be readily suggested, I recom- mend that the control of the road be taken out of the hands of the executive, and be placed under the direction and management of a commissioner, whose duties shall be prescribed by law; that he shall be elected by the people of the State, as is the Governor; that he shall report directly to the Legislature, and shall be by them subject to removal for malfeasance in office.
Under the wasting and demoralizing influence of war,
112
CONFEDERATE RECORDS
our schools and colleges have fallen into decay, and our youth, for a few years past, have been called and trans- ferred from the academy to be exercised and trained in the camp. But peace has returned, and with its return the late Convention, not unmindful of the obligations [the] government is under to provide for the education of the people, did ordain that the University of the State should be adequately endowed. In carrying the injunction liber- ally and generally into practice and operation, you will only follow the precepts and example of the enlightened and patriotic fathers of the republic. To the prompt discharge of this important duty, interest, honor and patriotism all unite to invite you. Located in a healthy region, surrounded by a virtuous and industrious popu- lation, and the citizens of the town and immediate vicin- ity, devoted to science and learning, the University of Georgia can and ought to be made more than ever the cherished object of the affections of her people.
The appropriations and donations which have here- tofore been made, though mostly lost or consumed, have not been vain and fruitless expenditures. The bar, the bench and the pulpit have shared in the rewards of such liberality. Science and learning, through the agency of endowed professorships, can and will accomplish new and greater triumphs, and through your fostering care, secure to you, their patrons, a place in history as the benefactors of our race.
Discussion and experiment suggested that the Supreme Court should hold its sessions at the Capitol. The sug- gestion was adopted and carried into execution by the Convention. To complete the work of good policy, thus tardily begun, it is proper and expedient that the Capitol
.
:
113
PROVISIONAL GOVERNOR JAMES JOHNSON
itself should be liere declared and considered permanently located.
Here it occupies a central and accessible position, in the midst of a section once fertile and passing beautiful. Man, impelled by avarice and prodigality, has partially destroyed and wasted the lavish gifts of nature, but through industry and a new social economy, these deso- lations may be repaired.
The public grounds should be enlarged, improved and ornamented; the halls of legislation ought to impress the spectator with the power of the State, and her courts of justice, with the majesty of the law. Annually improve- ments should be added to improvement, and ornament to ornament, until the name of the Capitol shall become a praise to the whole people.
On first of February, last, the Congress of the United States, by joint resolution, proposed to the Legislatures of the several States of the Union, an amendment to the Contitution of the United States declaring that hereafter neither slavery nor involuntary servitude, except for crime, should exist in the United States, or in any place subject to their jurisdiction; and that Congress should have power to enforce the proposed article by appro- priate legislation. A copy of the proposed amendment is attached, and it is submitted to the consideration of the legislature with the hope and desire that it may be adopted and ratified. A very common objection is made to it on the ground that it may confer, by implication, on Congress the power of regulating generally the inter- nal policy of the State. Such a construction is believed to be erroneous and unfounded and unwarranted, either by the language employed or the objects sought to be attained.
.
114
CONFEDERATE RECORDS
The Constitution of the United States confers, among other things, upon Congress, the power to regulate com- merce with foreign nations and among the States; to declare war, to raise and support armies, and to provide for calling forth the militia. It is further provided, that Congress shall have power to make all laws which shall be necessary and proper to carry into execution these enumerated powers; but it has never been contended that because of such authority, Congress has [been] thereby invested with the right to abolish State courts, to pre- scribe the qualifications . of jurors, or to declare who should exercise the right of suffrage. Moreover, this amendment is strictly cumulative, and it is not intended by it either to repeal or modify any of the existing pro- visions of the constitution; and therefore, it will still be for the several States to prescribe, each for itself, who shall be electors for the most numerous branch of their assemblies; and, as a consequence, who shall be qualified electors for members of Congress.
The Congress passing it, the different departments of the government, and most of the Legislatures of the several States ratifying it, construe the amendment to be nothing more or less than a declaration against invol- untary servitude, conferring therewith on Congress the restricted power to carry such declaration into execution by necessary and proper laws. Such is the natural im- port of the language employed, and such doubtless will be the construction given it by the different departments of the government in all controversies that may hereafter arise. Under other circumstances, a proposition to ratify such an amendment would not be entertained by you. Although the "cannon's roar, and the trumpet's clangor are no longer heard," society still moves on in its resist-
115
PROVISIONAL GOVERNOR JAMES JOHNSON
less way, and it is necessary that we should accommodate our action to the inexorable demands of inevitable results that the permanent welfare of our people may be secured and our State restored to her former political rights and relations.
Georgia has, in good faith, abolished slavery. She could not revive it if she would; and the ratification of this amendment will make the people of the United States homogenious-will remove from among us the cause of bitterness and sectional strife, which has wasted our property and deluged our land in blood. Furthermore, by yielding to this requirement readily, we shall submit a most effectual argument tending to open the halls of the national legislature, and the strongest plea that could be addressed to the clemency and magnanimity of the government.
Pardon in me a personal illusion. In my official acts I have endeavored to avoid proscription on account of former differences of opinion, and have sought to relieve the people from pains, penalties and forfeitures legally imposed on condition that they be reconciled to the gov- ernment.
In turn, let me entreat you to bring forward your prejudices and animosities and offer them a sacrifice on the altar of our common country, that we may once again present to mankind the spectacle-the pleasant, happy spectacle of "Brethren dwelling together in unity."
JAMES JOHNSON,
Provisional Governor of Georgia.
2
116
CONFEDERATE RECORDS
WEDNESDAY, DECEMBER 6, 1865.
The following message was transmitted to the General Assembly, to-wit:
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, December 6, 1865.
TO THE SENATE AND HOUSE OF REPRESENTATIVES :
I herewith transmit a copy letter received from F. Starnes, one of the commission appointed by the Con- vention to prepare and report a code or system of laws.
I have deemed it proper to communicate the informa- tion therein contained, as it may have a material bearing on the action of your committees.
I also transmit to your respective branches the annual reports of the Comptroller-General, State Treasurer and Principal Keeper of the Penitentiary.
JAMES JOHNSON,
Prov. Gov. of Ga.,
(COPY)
WASHINGTON, WILKES COUNTY, GA., -
November 30th, 1865.
DEAR GOVERNOR: Four members of the Commission appointed by the Convention, for the purpose of report- ing the draft of a system of laws, applicable to the changed circumstances of our condition, to the Legisla-
117
PROVISIONAL GOVERNOR JAMES JOHNSON
ture, at its approaching session, are at this place, and engaged at that work. We have not been idle, but shall not be able to report at the beginning of the session.
We are sensibly alive to the importance of having the result of our labors before the General Assembly at the earliest possible moment, but so important and ex- tensive a work, should not be carelessly and hastily dealt with, and we are therefore anxious to present something that may be useful and well matured.
With the utmost diligence, we cannot get the manu- script in proper shape before the Legislature, or rather into your hands, before the 15th December. We will do it earlier if possible.
Very respectfully, your obedient servant,
E. STARNES.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, December 6, 1865.
HON. JOHN P. KING,
DEAR SIR: I have transmitted to you twenty bonds on the State for the purpose of negotiation, under the ordinance of the Convention.
They are each in the sum of five thousand dollars, and numbered from one to twenty, inclusive.
Yours, etc.,
.
JAMES JOHNSON,
Governor.
-
. .
118
CONFEDERATE RECORDS
FRIDAY, DECEMBER 8, 1865.
The following message was transmitted to the Gen- eral Assembly, to-wit:
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA., MILLEDGEVILLE, December 8, 1865.
1
Gentlemen of the Senate and House of Representatives :
I have the pleasure to transmit herewith a copy of a telegram received on last evening from His Excellency, the President of the United States.
JAMES JOHNSON, Prov. Gov. of Ga.
(Copy of Telegram).
WASHINGTON, December 8, 1865.
JAS. JOHNSON,
Provisional Governor :
Your dispatch received the first inst. Permit me to congratulate you and the Legislature on their action in adoption and ratifying the amendment to the Constitution of the United States abolishing slavery.
(Signed) ANDREW JOHNSON,
President U. S.
-
PROVISIONAL GOVERNOR JAMES JOHNSON
119
SATURDAY, DECEMBER 9, 1865.
EXECUTIVE OFFICE, PROVISIONAL GOV'T. OF GA.,
MILLEDGEVILLE, December 9, 1865.
To THE CLERK OF THE SUPERIOR COURT OF
UPSON COUNTY :
Whereas, at the November term of the Superior Court of said county, 1865, Jesse Owen was indicted and found guilty of the offence of furnishing a free person of color with spirituous liquors;
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.