Southern recorder. (Milledgeville, Ga.) 1820-1872, February 28, 1865, Image 1

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Newspaper Page TextO /V VOLpfi XLVI. MILLEDGEVILLE, GEORGIA, TUESDAY, FEBRUARY 2S; 1865. NUMBER 9. J{ . M. ORME & SON, il)rfOfiij AND FRuTJt&i&TQRo. " fffins—$8 00 for Four Hontlis, in Advance. TRANSIENT AI» VEKTISIKjG . Per square of ten lines, each insertion, $5 00 LEGAL ADVERTISING. Ordinary's— Citations for Letters of Administration, by Administrators, Executors, Guardians, *c 8 00 Appl ication for Letters of Dismission from Administration and Guardianship 12 00 Application for leave to sell Laud and Negroes 12 00 Notice to Debtors and Creditors 10 00 Sales of personal or perishable property, pa square .f ten lines 4 00 Males of Land and Negroes, per square of ten lines T2 00 Sheriff's— Each levy of ten lines, or less....... —. 8 00 i Mortgage sales of leu lines, or less 1G 00 | All advertisements of sales hy Sheriffs exceeding ten lines, will be charged in pro portion. Tax Collector’s sales-, per squasc , 10 00 Clerk's. Foreclosure of Mortgage and other man!li ly advertisements, $4 00 per square of ten ten lines for each insertion. Establishing lost papers, per square of ten lines 10 00 Fora man advertising his wife, in advance, 20 00 Tributes of Respect, Resolutions b.y So cieties, Obituaries, &iz., exceeding six lines, to be charged as transient advertising. [ if* Sales of Land and Negroes, by Administra tors, Executors or Guardians, are required by /aw to he held ou the first Tuesday in tire month, be tween the hours of ten in the torenoon and three in the afternoon, at the Court-house in the county in which the property is situated. Notice of these sales must he given in a public gazette 40 days previous to the day of sale. Notices for the sale of personal property must be given in like manner 10 days previous to sale day. Notices to debtors and creditors of an estate must also be published 40 days. Notice that application will be made to the Court of Ordinary for leave to sell Land or Ne groes, must be published for two months. Citations for letters of Administration, Guar dianship. Arc., must be published CIO days—for dis mission from Administration, monthly six. months ; lbr dismission from Guardianship, 40 days. Rules for foreclosure of Mortgages must be pub lished monthly for four 'months—for establishing lost papers, for the full spirre of three months—for compelling titles from Executors or Administra tors, where bond lias been given by the deceased, the full space-of three months. Publications will always be continued accord ing to these, the legal requirements, unless other wise ordered. ?CL CITATIONS^ TlANCdfck COUNTY. t l A.O r Whereas Thomas S. Powell has filed his pe tition in the Court of Ordinary for said county praying for letters of administration on that part of the property of Mathew Rabun, *late of said county, deceased, not embraced in his will, This is therefore to cite and admonish all and singular, the kindred and creditors of said deceas ed, to be and appear at my office within the time prescribed by law, to show cause, if any exist, why said letters should not be granted. THOS. I. LITTLE, Ordinary. January 31, 1865 & 5t G eorgia, Hancock county. Whereas Albertus W. Vogt, Sidney F. Vogt, Roxana E. Vogt and John W. Vogt, minors and orphans of Jesse L. Vogt, late ot said county, deceased, are without guardians— These are therefore to cite and admonish all per sons interested, that, if no legal objection be filed at the Term of the Court of Ordinary in March next, the guardianship of said minors will be vest ed in the Clerk of the Superior or Inferior Court of said county, or in some other fit and proper per son. THOMAS I. LITTLE, Ordinary. January 31, 1865 5 5t ( 1EOKGIA, TELFAIR COUNTY. 'vJ" Whereas David Hulett applies to me for let ters of administration on the estate of John Ste phenson,.lat q of said county, deceased— This is therefore to cite’and admonish all con corned to file their objections, if any they have in my office within the time prescribed by law otherwise letters of dismission will be granted to the applicant after the lawful publication of this citation. JOHN McDEARMID, D. Ord’y. January 31, 18G5 5 5t GOVERNOR’S MESSAGE. _ EXECUTIVE DEPARTMENT, ? Macon, Ga., Feb’y 15, 1865. J ffo the Senate and House of Representativesj: Sinc^our adjournment in November, the army ef invasion, led by a bold and skilful General, hare passed through our State, laid waste our fields, burned many dwelling houses, destroyed county- records, applied the torch to gin-houses, cotton', and other property, occupied and desecrated tie j th? field, has reduced them below the proper ntfm- !.«*. of a brigade, and has left supernumerary offi- : er. . provisions should be made for a reorganiza- I tion By- election of the Brigades, Regime nts I! g- p talions and Companies now in service, reducing the number of organizations as may be proper, and the commissions of all not elected should* be suspended and they be required to do service.— This would make the organizations more effective. The militia under fifty years of age organized as above suggested should be known as the Active Militia. , A permanent General Court Martial should be leader, in presence cf Adjutant and Inspector Gen-1 slaves, we abandon slavery erai Vayu ,!, who accompanied them during the | govern them as slaves campaign from Qordon^o Savannah tht-uee to Au- " ‘"’I raj* energetically and Jai capitol, and now hold the city of Savannah, whick gives them a water base from which they may in i established for the trial of deserters and other do- G t EOKGIA, TELFAIR COUNTY. f Whereas David Hniett applies to me for tho guardianship for the person and property of Cas- sa Stephenson, minor heir of John Stephenson, deceased— These are therefore to .cite and admonish al whom it may concern to-be and appear at my of fice within the time prescribed by law to show cause, if any they Lave, why letters should not be granted to said applicant. JOHN McDEARMID, D. Ord’y. January 31, 1865 5 5t G < EORGIA, I Whereas LOWNDES COUNTY, as James W. Roberts applies for let ters of administration on the estate of William II. Burkstiner late of said county deceased— This is therefore to adnnAiish all concerned to show cause if any they can, ou or before the first Monday in March next, why said letters should not be granted, Given under my hand this 23d day of January 18G5. WILLIAM SMITH, Ord’y. January 31, 1865 5 5t TO HOUSEKEEPERS. Clean Eags. A ~ CENTS PER POUND will be paid in jmi*) cash or subscription for CLEAN RAGS delivered at tlie Recorder Office. Milledgeville, August 23,1864 WESTOVE.H." - A beautiful Residence and Pianla- lion for Sale. I NOW OFFER my Plantation, well known as the late residence of Benjamin S. Jordan, within five miles of Milledge- ville, on tlie-Eatonton Railroad, handsomely im proved, fine dwelling, with good out-houses, barn, stables, &e., for sale In front of the dwelling there is a beautiful FLOWER YARD, handsome ly ornamented, and one of the finest and best col lections of plants and flowers in Middle Georgia. Also, a fine APPLE and PEACH ORCHARD. The tract contains 850 acres of good land, about 2f»0 in the woods. Furniture, stock, Ac., can be had with the place. L. A. JORDAN. Milledgevillc, Dec. 20,1864 47 Ot A FARM CONTAINING 10J A acres of land, three miles south of Thomuston, Georgia— 00 acres under fence, divided into iivT: fields and a large woods lot: 12 acres oi branc h bottoms. A frame dwelling with four rooms and a frame build ing ten steps in the rear; all necessary out-build ings; an orchard of select trees—peach, apple and cherry; good water—spring and well. I will take $-10 per acre in Confederate money , or $1 per acre in gold or silver, for the jtlace. Possession given at the close of the year. Address box 91, Thomaston, Ga., or apply at the Recorder office. January 31,1865 5 tf 1'OR SALE—At .the Milledgeville Clothing X. Store, seven fine fancy Show Cases, one large Table with drawers, one large Looking Glass—ve ry superior—one li on-armed Chair, three Trunks, two very superior Ritles and one large Iron Safe. A. C. VAIL. January 31, 1865 tf SlOO Reward. S TOLEN from the subscriber’s stable, on the night of the 18th inst., at Midway, a white Horse Tab out eight years old, thin in order, prom inent hip bones, high tail bone, rather chunky, commonly paces, rubbed by the saddle ou the lore part of his back. The above reward will be paid for the horse .and evidence to convict the thief. Any information about the horse thankfully acknowledged. li. M. ORME, Sen. Milledgeville, Jan’y 24, 1865 4 tt TWO GLOBES MISSINGr D uring the Milledgeville, two Globes belongin': VISIT of the Yankee army.to to tlie Female Academy were removed from Sir. VV iiid- sor’s office. Whoever Las them or any of the 1 ui- niture belonging thereto, will please return them at once to-the Academy, as they are wanted. Milledgeville, Fek. 7, 18(55 6 tf . NOTICE. E H, HIENAN as general partner, and J. W. . Fears as special partner, in mechanical busi ness, i. e., in the publication of the Albany Patri. ot, and Advertising, and Job Printing, in connec tion with said paper, in Albany, Dougherty Coun ty, G., under the firm name of E. 11. Hienan, hereby give notice of the formation of said partnership, on the following terras, to-wit: Ji W. Fears, kpecil partner, pays in cash, in Confederate currency, the sum of Eight Thousand Dollars into tlie com mon stock. Said partnership is to commence busi ness on the 18th day of January next and to con tinue for the term of two years next ensuing.— Certificate and affidavit registered in the Clerk’s Office of the Superior Court of Dougherty County. This 18th day of January, 1865. E. H. HIENAN, Gen. Part. J. W. FEARS, Spe’l Part. Albany, Feb. 14, 1865 7 Ot A DMINISTRATRIX’S SALE.—On the first Tuesday in April next, will be sold before the Court-house door in Milledgeville, Baldwin coun ty, within the usual hours of sale, the following property, .to-wit; 300 acres of land situated in said county, adjoining the lands of Reuben Pros ser, John W. Hall- Newton Pugh and John H. Steaibridge; also, one negro girl. 15 years of age. Sold by order of the Court of Ordinary of Baldwin county as the property of Jesse M. Breedlove, deceased, for tlie purpose of distribution. MARY E. BREEDLOVE, Adm’x. February 7,1865 6 tds G 1 EORGIA, TELFAIR COUNTY. T Whereas M. N. McRae applies to me for the guardianship of tlie person and property of John Kyalls, minor heir of William R. Ryalls, dec’d, These are therefore to cite and admonish all and singular, the kindred and creditors of said deceased to file their objections in my office, if any they have, within the time prescribed by law, why said letters should not be granted. JOHN McDEARMID, Ordinary. January 31, 1865 5 5t ( Georgia telfair county, Whereas tho estate of David McKinnon and also the estate of Daniel McKinnon late of said county deceased are unrepresented by petition of any person to apply for the administration, this is to notffy all concerned that at the March Term of this court the clerk of the Superior court will be appointed administrator on said estates uuless good cause to the contrary be shown, JOHN McDEARMID, Ord’y. January 31,1865 - 5 5t G eorgia, colquitt county. Whereas Martha Hancock has riled her peti tion in Court, praying for letters of administration on the estate of James E. Hancock, late of said county, deceased— All persons interested arc hereby notified to file their objections in Court, otherwise letters of ad ministration will be granted said applicant at the regular term of this Court ou the first Monday in March next. Given under my official signature, this 25th Jan’y 1865 P. O. WING, D. C. C. O. February 7,1865 6 5t S TATE OF GEORGIA, Laurens County. Whereas Edward Perry has applied to me for permanent letters of administration on the estate of Green Perry, late of said county, deceased— These are therefore to cite and admonish all and singular, the next of kin and creditors of said de ceased, to tile their objections, if any exist, on or before the first Monday in March next, to show cause why permanent letters of administration should not he granted to said applicant. Given under my hand and official signature, this January 24th, 1865, WASHINGTON BAKER, Ordinary. February 7, 1865 6 5l OTATE OF GEORGIA, Laurens County. O Whereas James M. Brantley has applied for letters of administration, de boniS non cum teefa- mento annexo, on the estate of Jeremiah Brant ley, late of Laurens county, deceased— These are therefore to cite and admonish all and singular, the next of kin and creditors of said deceased, to file their objections on or before the first Monday in March next, to show cause why letters of administration, de bonis non cum testa- mento annexo, should not be granted to said ap plicant. Given under my hand and official signature, this January 24th, 3865. WASHINGTON BAKER, Ordinary. February 7, 1865 6 5t S TATE OF GEORGIA, Laurens County. Whereas John Stripling has applied to me for letters of guardianship of James W. Stripling, a minor orphan of Robert F. Stripling, deceased— These are therefore to cite and admonish all persons concerned to file their objections, if any exist, on or before the first Monday in March next, to show cause why letters of guardianship should not be granted to said applicant. Given under my hand and official signature, this January 24th, 1865. WASHINGTON BAKER, Ordinary. February 7,1864 6 5t S TATE OF GEORGIA, Laurens County. Whereas Edward Perry lias applied to me for permanent letters of administration of the estate of Eason Perry, late of Laurens county, dec’d— These are therefore to cite and admonish all and singular, the next of kin and creditors of said de ceased, to file their objections, if any exist, on or before the first Monday in March next, to show cause why letters of administration should not be granted to said applicant. Given under my baud and official signature, this January 24th, J865. WASHINGTON BAKER, Ordinary. February 7,1865 6 5t G -i EORGIA, COLQUITT COUNTY. T October Term, 1864, of Court of Ordinary of said County. The last will and testament of Samuel Hutchi son, deceased, having been produced in open Court, and application having been made that said will be proven in solemn form, .wherefore, It is or dered by the Court, that Pleasant Hutchison and bis wife, Nancy, of Thomas county, Ga., Posey Glenn and his wife, Susan, of South Carolina, and tlie heirs of Ivey Hutchison of South Carolina, be served with a copy of this rule by publication thereof in tlie Southern Recorder, a public gazette published at Milledgeville, Ga., once a week un til the May term of this Court, requiring them to show' cause, either personally or by attorney, why the said Will should not be proven in solemn form at that term of this Court. {True copy from tlie Minutes of Court. ISAAC CARLTON, Ordinary. November 15,1864 46 td T WO MONTHS after date application will be made to the Court of Ordinary of Colquitt county for an order to sell all the real estate of Burrell A. Baker, late of said comity, deceased.' f. B. NORMAN, Adm’r February 7, 1865 6 0t future operate upon the interior of the State. The army of Tennessee, which contained a large number of Georgia troops, and was relied on as the only barrier to Sherman’s advance, the remov al of which left Georgia at the mercy of the ene my, was ordered off beyond the Tennessee liver upon a campaign which has terminated vij disas ter. In the midst of these misfortunes, Georgia has been taunted by some of the public journals of other States because her people did not drive back and destroy the army of the enemy. Those who do us this injustice, fail to state the well known fact, that of all the tens of thousands of vet eran infantry, including most of the vigor and manhood of the State, which she had furnished for Confederate service, but a single regiment, (the Georgia Regulars) of about three hundred effective men, was permitted to be upon her soil during the march of General Sherman from her North-western border to the city of Savannah; and even, that gallant regiment was kept upon one ot our islands most of the time, and not per mitted to unite with those who met the enemy. Nor were the places of our absent sonk filled by troops from other States. One brigade of Con federate troops was sent by the President from North Carolina, which reached Georgia after her capitol was in the possession of tlie enemy. Thus abandoned to her fate and neglected by the Confederate authorities, the State was left to defend herself as best she could against a victori ous .army of nearly fifty thousand of the best trained veteran troops of the United States, with only the Georgia reserves and militia, consisting of a few thousand old men and boys, while her ar my ol able-botiied gallant sons were held for the defence ot other States, and denied the privilege to return and strike an honest blow for the protec tion of their homes, their property, their wives and their children. While the Confederate reserves in other States have been but little of their time in the field on active duty, and the militia, consisting of boys be tween sixteen and seventeen, and old men between fifty and sixty, and agriculturalists detailed by’the Confederate government, have not in most of the States been called out at all, the Confederate re serves, the reserve militia, the detailed men,, the exempts from Confederate service, and most of the State officer's, civil as well as military, have in this State been kept in tlie iieltl almost conttl&ntly fox the last eight months. These troops of classes not ordered out "else where were placed under the control of the Con federate General commanding the department, and have participated in every important fight from Kennesaw in this State to Graliamville or Honey Hill in South Carolina. The important victory at the latter place was achieved by tlie Georgia militia, the Georgia reserves, the Georgia State line, the Forty-seventh Georgia Regiment, and a very small uuoiber of South Carolinians, all commanded by that able and accomplished officer, Maj. General G. W. Smith, of the Georgia militia, As I have seen no Confederate official account of this important engagement, which gives the credit where it is justly due, I mention these facts as part of the history of our State. . If all the sons of Georgia under arms in other Slates, of which nearly fifty regiments we^p in Virginia, besides those in the Caroliuas, Florida and Temiesse, had been permitted to meet the foe upon her own soil, without other assistance, Gen. Sherman’s army could never have passed from her mountains to her seaboard, and destroyed their property and their homes. He had nearly four hundred miles to march over an enemy’s country ; he was entirely dependent upon the wagon train which he carried with him for a sup ply of ammunition, without the possibility of re plenishing after what he had was consumed. Had he been* resisted from the start by a competent force, and compelled to fight, his ordnance stores must soon have been exhausted, and he forced to an unconditional surrender. Such another oppor tunity to strike the enemy a stunning blow will not probably occur during the war. The destruc tion of this army would have re-inspired our peo ple with hope, depressed the spirits of our ene mies, and might have prepared the way speedily for the negotiation of an honorable peace. It could have been done by the Georgia troops if permitted. It should have been done at the ex pense, if necessary, of the evacuation of Rich mond, and the nse of Gen. Lee’s whole army thrown rapidly into Georgia for that purpose. No. one would regret more than I to see that city, which has been so long and so nobly defended, surrender to the enemy; but it must be admitted, since the devastation of the country beyond, that it is now only a strong out-post, of little military importance, compared with the great interior. It must also be admitted that Richmond is rendered insecure by the successes of Gen. Sherman iirtlie interior, «nl Abe position be baa pr.inrd in the rear of that and other strongholds, which were reiiad on for defence. * If his unobstructed movement through Georgia must result in the loss of Rich mond, how much better it would have been if we had given the evacuation of Richmond for the destruction of his army. I have felt it my duty to refer to these facts in justice to my State, of which it may be safely said she lias had a larger proportion of her white male population under arms for the last eight mouths, in defence of our cause, than any other State in the Confederacy. On account of the attachment of her people to the cause of State sovereignty and constitutional liberty, and their remonstranc es against unjustifiable usurpations of power by the Confederate Government, Georgia has been systematically if not wilfully misrepresented by government officials and organs, wLo give circu lation to the most reckless and unjust comments upon the conduct of the people of the State and her government, without the magnanimity or common honesty to publish the facts when laid before them, .which show their statements to be without any real foundation in fact. As an in stance, I mention the fact that it has been indus triously circulated that I. as Governor of the State, have kept fifteen thousand men out of service un der the exemption acts. I corrected this misrep resentation by a published statement, which showed that I had*put into service classes «f per sons not ordered out iu other States, and that tha whole number of State officers in Georgia, who Lave been held by me under the legislation of the State to be exempt from military service, was only 1,450, of whom a large proportion are over miHta- Tliij xtAvrantinn in ail An OP «V plus at in a rke uiers’ f..:^ ture by tb cavalry, \ the legisk es are vc | resort to i I ro.se;.' the denied !h;: linquents. This would secure discipline, and the execution of a few guilty persons, would stop Jesertion. The militia organization completed upon this basis should be kept by tho State du ring the war for the defence of her territory, and (he execution of he8 laws, and should, in no case, le turned over to the unlimited control of the Confederate Government or any other power. Nor should it be sent out of the State unless it is for the protection of some part of our border, except in such cases of emergency as in the opinion of the Governor make it proper that Georgia give aid for a limited time to a sister State. The Confederate Constitution authorizes the State to keep troops iu time Of war. This is a re served right, the exercise of which by the State violates no right of the Confederate Government, and infringes, upon no delegated powers ; nor is the exercise of a plainly reserved right by the Styte a breach of faith either to the Confederacy or any sister State. — j Gur recent sad experience has shown the wis- : <}om of the reservation. But for the troops kept! by the State, the city where you are now assem bled would have been occupied, plundeied and sacked by the enemy in their late march through the interior. . The constitution limits the State to no particu lar class or age. She may keep troops composed of any part of her citizens whom she may clioose to organize. If we admit the constitutionality of conscription which authorizes Congress to con- scribe our citizens to raise armies, that provision of the constitution must be construed with, and limited by, the reservation in the same instrument of the right of the State to keep troops in time of war. This would make the jurisdiction of the Con federate and State Governments concurrent over the arms-beariug population of the States in time of war. It follows in that case that the Govern ment which first organizes and places the troops in actual service has a right to hold them as against the other. The State acted upon this rule in the organization of the two regiments of the State Line, composed of persons of all ages able to do service who volunteered Her right to keep these troops has never been questioned by the Confed erate Government, nor indeed can it be. That portion of the militia organization not com posed of Confederate exempts are generally of the most useful class of agriculturalists, whose servi ces at home during the more critical period of the crop, are indespensably necessary to the produc tion of supplies.,. Whenever these men can be spared from homedhey should be kept in service, if the emergency require it. But they should not be turned over to unlimited Confederate control to be carried away from the State permauetly, to the ruin of her material and productive interests. So long as they faithfully discharge their duty when called out, the State should keep them, giving them furloughs at such times as are necessary to secure their crops, if it can possibly be done. All who are absent without leave, when ordered out by tlie State, should be turned over to Confeder ate service for the war without regard to rank or age. This would stimulate them to prompt obe dience to orders when called. The chief difficulty theft, lawlessness and villany, where those store in the way of granting furloughs tor limited pen-! hardened in crime act as teachers of those who ods when the troops could be spared, grows out or j are y0ljftger of ]oss expe riense. Honest men *89. General Y/ayne will be laid before the Military Committee of tho two Houses upon application. . - MiHitu ry Appropriation. I beg. leave again most respectfully to invite the attention of the General Assembly to that part of my late annual message, which relates to tlie military appropriation. The snm appropria ted will he wholly inadequate. If it is not increas ed, I shall he under the unpleasant necessity, so soon as it is exhausted, which will be in a short time, of again convening you to supply the defi ciency. We cannot conduct the operations of war without money. * Impressments. I beg leave to call the attention of the Legisla- tuijqto the necessity for the passage of a law au thorizing' r.iie impressment of provisions in the hands of persotis under bonds to the Confederate Government, or others who refuse to sell their sur- 1 "° of "-“ f value for the use of indigent sol- md of persons who are left desti nes of the enemy, or of our own eocive aid from the State, under imeted for that purpose. The cas- e where it would be necessary to niciit; if the people were.left free . j in ;he ma&et; but they are i £ o by'the Confederate Govern ment, • led to give bond to sell .. ....... • r’-sreuts at schedule pric*--*. which are far below market value These persons would giadiy sell to fctate or county agents, but they are threatened v. itii a revocation of their de tails, and with immediate compulsion to enter ser vice if they do so. The State should never sub mit to be driven out of her own markets and de nied the privilege of purchasing from her own cit izens by the act of any other government or pow er. I therefere recommend tlie passage of a law authorizing the Justices of the Inferior Court of each county, with consent ot order of the Govern or, to impress provisions in their respective coun ties, for soldiers’ families and indigent refugees, when from the cause above mentioned, it may be necessary to enable them to procure the supplies required for that purpose; and also authorizing tho Quartermaster General and Commissary Gen eral of the .State to make similar impressments, with the like order, for their respective depart ments. The act should provide, in case of §u ’h impress ment, for a fair valuation of the property impress ed, and for payment of market ,value as just compensation to tiie owner. Without the passage of this act, it will be impossible for the State and county agents, within the limits of the State, to purchase the supplies which are indispensable. The appropriation of money will avail nothing if the Confederate agents can lock the cribs and smoke-houses of the people of the State against her purchasing agents. I have been unable un der the late appropriation, to supply the demands of those in .great distress, for want of this law.— If it is not passed, a great deal of suffering will be the inevitable result. Wo can never agaui and make the institution •s or to them, after tens of have boen taught the use oF ■ he iadMcxit indulgcncie* profitable to our thousands of th aims, a; 4 : of cam,- /.:c. It the General Assembly should adopt my re commendation by tho call of a Convention, I would suggest that this too would be a subject de serving its serious consideration and decided ac tion. It can never be admitted by the State that th® Confederate Government has any power, directly or indirectly, to abolish slavery. The provision in the Constitution which,.by implication, author izes the ConTederate Government, to take private property for public use only, authorizes the use of the property during the existence of the emergen cy "whichjustifies the taking. To illustrate: In time of war it may be necessary for the Govern ment to take from a citizen a busiuess house to hold eommissary stores, Thb it may do (if a suit able one cannot be had by contract) ou payment to the owner of just compensation for ibe use of the house. But this taking cannot change the ti tle of the land, and vest it in tho Government. Whenever the emergency has passed, the Govern ment enn no longer legally hold the house, but is bound to return it to the owner. 3o the Govern ment may impiees slaves to do tho labor of ser vants, as to fortify a city, if it cannot obtain them by contract, and it is bound to pay tho owner just hire for the tima it uses them. But the impress ment can vest no title to the slave in the Govern ment for a longer period than the emergency re- qnJLre^ thedakpr.. It has not the shadow of right to iaquraas and pny Fir a abaye ’to set him — Tho moment it ceases to need his labor the nse re verts to the owner who lias the title. If we admit the right of the Government to impress and pay for slaves to freo them we concede its power to abolish slavery, and change our domestic institu tions at its pleasure, and to tax uc to raise the money for that purpose. I am not aware of the advocacy of such a monstrous doctrine in the old Congress by any one of the rational class of abo litionists. It certainly never found an advocate iu any Southern statesman. No slave can be liberated by the Confederate Government without the consent of the States. No such consent can ever be given by this State with out a previous alteration of her Constitution. And no such alteration can be made without a conven tion of her people. Our Present and Prospective Condition. As I feel that I should act the part of an unfaith ful sentinel upon the watch.tower if I should flat ter the country with delusive hopes, candor com pels me to say, that all is not well. That the peo* pie may be aroused to the necessary effort to avert calamity, it is important that they should know and appreciate their true condition. I tell them, therefore, that the whole body politic is diseased, and unless active remedies are administered .speedily, that dissolution and ddhth must be the inevitable result. . * Our constitution li*s been violated and trampled under foot, and the rights and sovereignty of the Stfties, which had been disregarded by the Gov ernment of the United States, which formed with slavery the very foundation of the movement that brought into being the Confederate Government, have been prostrated and almost destroyed by the of this Institution by fire, it ! Confederate Congressional encroachment and ex- • Penitentiary. destroyed the workshops, The enemy hat cells, building, &c will cost a very heavy appropriation, probably one million of dollars, in currency, to rebuild it. From seven years close observation, I am satisfied tlie Institution dffos not serve the objects for which it was treated. It does not seem to be. as its name imports, a place of penitence; it is certainly not a place of reformation, but is rather a school for ry age. This correction was passed in silence by many who had given publicity to the groundless charge, which was intended to be injurious to the Governor of the State, to the petsons exempted by her laws, and to the character of her people. I am satisfied, however, that impartial history Will do justice to the government and people of G«or- gia, as well as to the conduct and motives of her assailants, who have stripped her of her strength and left her to the ravages of her .foreign enemies. Militia. Experience has shown the necessity for amend ments in our militia laws. The law should be so changed as to provide for a separate organization of the old men over fifty years of age under offi cers of their own number to be elected by them. All civil officers of the several counties now ex empt from service should be made subject to mi litia duty in these organizations. When organized, the Reserve Militia of this class, Bhould be required to do all necesfary police duty in their several counties, and to arrest and turn over to the proper authorities, all deserters from State or Confederate service, and all persons subject to State service, who do not immediately report for duty, when required by General Orders. On failure to discharge this duty faithfully and efficiently, the Governor should be authorized to order them into the field for active duty in place of those permitted by them to remain at home, who owe active service. As the detail of the men over fifty years ot age for this service at home, who u^re called out prior to the organization of part of fne brigade* now in the fact that they often fail to respond promptly at the end of the time allowed them. On the 30th of August last, when the militia un der the command of Major General G. W. Smith, were in the trenches around Atlanta, a very short time before the fall of the city, the President made a requisition upon me for them with all others that I might be able to organize.' At the time the req uisition was made these troops had been for months in active service witirthe Army of Ten nessee, under the command of the General who controlled it. They had participated in several engagements—had acted with distinguished gal lantry ; and had been about forty days almost constantly under fire around tho city. Rations were issued to them by order of the Confederate General in command—and he had promised that they should be paid as other troops iu the Confed erate service. These troops were composed mostly of boys be tween sixteen and seventeen and old men between fifty and fifty-five years of age, who are not sub ject to service by the laws of Congress, in the ar my of the Confederacy. No law of Congress makes them in any way subject to the President’s control. The statute of the State declares posi tively that they shall not be subject to any draft or compulsory process to fill any requisition made by the President of the Confederate States upon the Governor of the State. They were the last re serve force oTthe State able to do service. If they were turned over to Confederate control with no power on the part of the State to recall them, she would be left without any adequate force for the execution or her own laws. ’ The State had much more than filled every req uisition made upon her in common with other States for troops. No call was made at the time upon tlie other States for troops of this class ; nor had the other States ordered out and placed in service their militia of these ages. It was quite clear that the requisition was not made foi* the purpose of getting the militia into service, fur they were there at the time under the command of General Hood. Looking at all these facts I could not doubt that the President had other motives in making the call—and that tlie main object was to get them out of the control of the State, subject to his command, and to disband the State organizations; and enable him to ap point the General and Field Officers to command them. This was the more evident from the fact that he required all within General Hood’s depart ment to report to him in Atlanta, and all within the department of South Carolina and Georgra to report to the commandant of that department, whose headquarters were theti at Charleston. The line dividing these two departments cuts in two not only General Smith’s Division, but three out of the four Brigades and a large proportion of the Regiments. If the requisition had been obeyed the organization would have been distomded, and a large proportion of the militia, who* were then under the lire of the enemy, defending Atlanta, would have been ordered off to report to General Jones at Charleston, when no enemy was pressing us upon the coast. Under these circumstances I felt it my duty to refuse to fill a requisition made by the President, without authority of Jaw, foraeiass®of troops which I could not turn over upon his requisition W'ithout a violation of a positive statute of the State, who were in service, acting gallantly at the time, nnder officers of distinguished merit, with a thorough organization, which must have been dis banded by my compliance with the President’s demand, and the troops scattered at a most critical period in the defence of Atlanta. I earnestly request the General-Assembly to say, by resolution, whether my conduct in refus ing to turn over the reserve militia, organized by the State for her own defence, is approved, or whether it shall yet be done, and the State stripp-, ed of her last strength, and left without a man to aid in the execution of her laws, and to strike a blow inkier defence when Confederate aid is with drawn, and the enemy devastating her fields, towns and cities. The Georgia Military Institute. The number of cadets in this institution has been considerably increased. Upon the advance oi Sherman’s army tlie bat talion of cadets was orldered into afctive service. At the Oconee bridge and other places where they met the enemy they acted with distinguished gal lantry. The State has much reason to be proud of this.gallant young corps. I must not omit to mention with my witoniest approbation the conduct of the State Scouts un der Captain Talbot, who has shown himself to be a gellant fearless leader. Pruden’s Artillery and the other troops of Major Caper’s battalion, are also entitled to honorable notice. This who\e battalion undfti its chivalrous experience who. in (lie heat of passion, commit a crime which consigns them, under our present laws, to this den ot thieves, generally come out corrupted and contaminated. In view of the above facts, I recommend that the Penitentiary be abolished as soon as it can le gally be done, and that oth< r modes of punish ment, such as hanging, whipping, branding, Ac., be suBstilolelTT Ihb’ ndtifh Carofina cod*?; it is believed, would furnish a safe guide for our lega tion on this subject. I know of no State in which the criminal laws are more laithfully executed, or in. which less crime is committed. n—pnq-cordance with the request of the General As- semDilPbefore your late adjournment, I offered par don to all the convicts who were not of the worst class, who would volunteiU’ to enter the military service, making the pardon conditional on the faithful discharge of their duties as soldiers.— This was accepted by nearly all to-whom it was tendered. Tlmy organized into a company and did good service at the Oconee River, where they met tiie enemy and acted gallantly. I_regret to learn, however, that over half of them have since de serted. These will be subject to serve out their time when they can b« arrested. There are also sever al life convicts now within the walls; to keep these and such as may be hereafter sentenced for crime committed before tho change of the mode of punishment, it will be necessary to rebuild so far as to provide accommodations and work shops for the limited number. One hundred thousand dol lars in currency may be sufficient to do this. In this connection I will further remark that the exigencies of tiie times, in my opinion, require such amendments in tlie penal code as will make Death the punishment of robbery, burglary, and horse stealing. To prevent our people from tak ing the execution of the law into their own hands, I recommend that the law- be so changed as to au thorize the Judges of the Superior Courts to call extra sessions of their respective courts, whenever it is. in their opinion, necessary for the speedy trial ot offenders. As many of the jails are inse cure, and as robber bands rescue their companions in crime, the present provisions for the trial of criminals are too tardy for the vindication of pub lic justice. Whipping should be the punishment inflicted upon these v'ho are convicted of illegal tratic with slaves. Arming the Slaves. The administration, by its, unfortunate policy- having wasted our strength and reduced our ar,. mies, and being unable, to get freemen into the field as conscripts, and unwilling to accept them in organizations wifh officers of their own choice, will, it is believed, soon resort to the policy of fil ling them up by the conscription ol^slave. 1 am-satisfied that we may profitable us^lave labor, so far as it can be spared from agriculture, to do menial service in connection with the army, and thereby enable more free white men to take up arms; but I am quite sure any attempt to arm the slaves will be a great error. If we expect to continue the war succe-isfully, we are obliged to have the labor of most of them in the production of provisions. But if this difficulty were surmounted, wc can not rely upon them as soldiers.. They are now quietly serving us at home, because they do not wish to go into tiie army, und they fear, if they leavens, the enemy will put them there. If we compel them to take up arms, their whole feeling and conduct' will change, and they will leave us by thousands. A single proclamation by Presi dent Lincoln—that all who will desert U3 after they are forced into service, and go over to him, shall have their freedom, be taken out of the army, and permitted to go into the country in his pos session, arid receive wages for their labor—would disband them by brigades. Whatever may be our opinion of their normal condition or their true in terest, we can not expect them, if they remain with us, to perform deeds of heroic .valor, when they are lighting t.o continue the enslavement of their wives and children. It is not reasonable for us to demand it of them, and we have little cause to expect the blessings of Heaven upon our efforts, if we compel them to perform such a task. If we are right, and providence designed them for slavery, He did not intend that they should be a military people. Whenever we establish the fact that they are a military race, we destroy our whole theory that they are unfit to be free. _ But it is said wc shgakl giye them their free dom in case of their fidelity to our cause in the field; in other words, that we should give up slavery, as well as our personal liberty and State sovereign* ty, tor independence, and should set all our slaves free if they will aid us to achieve it. If we are ready to give up slavery, I am satisfied we can make it the consideration for a better trade than to fjivc it for tliG uncertain aitl wIiiqIi they inigiit a*- ford us iu the military field- When we arm the utive usurpation. The resolutions of the General Assembly of this State protesting against these usurpations and abases have been unheeded and lajd aside without even the courtesy of a reply. Direct taxes of enormous burden have been lev ied by CongresS, without the census of enumera tion imperjtively required by tlie constitution, which operate upon the people of this and other Stated; hut have no operation upon the people of Missouri or Kentucky, who are represented equal ly with Georgia in the Congress by which they ar© imposed. Much of our most objectionable legislation is fast ened upon ufi by the votes of representatives, who, however patriotic and true to our eaustt, set with out responsibility to any constituency out ol tbo army, who can be effected thereby, and who can neither YizzA with > ifity nor show themselves pub licly among the people whom they profess to repre- ent, a majority of whom have given the strongest evidences of sympathy and support to the Govern ment of the United States, and have been constant ly represented in tiie Congress of those States. Impressments of private property for public use, which are often necessary and proper, have been carried to an extent which is tyrannical and op pressive in the extreme. Instead of purchase as the rule and impressment the exception, the whole property of our people is placed under the control of impressment agents who refuse to pay “just compensation,” as required by the constitution, or even half the market value, and who pay iu certificates which the government refuses to re ceive in payment of pabiie dues. By a pretended conscription not authorized by the constitution, government has placed our agriculturalists under ne.SYV bonds to sell it at the impressment prices fixed by Its agents and denies to them the privilege to sell the fruits of their labor in open market, or to exchange them for other commodities which are necessary to the support of themselves and their families. Tke Government disregards that provision of the Constitution which prohibits Congress from making any appropriation oi" money lor a linger term than two years to support the armies of the Confederacy and as a means of perpetuating the war beyond the period of the existence of the pres ent Congress, without the assent of the people in the next elections, it proposes to pledge the tithe of the more valuable annual productions of the ag ricultural class of our people, who are selected for the burden, for years to come for that purpose, and to continue the pledge of the incomes of this par ticular class after the termination of the war for the payment of the Treasury notes issued for the support of the armies during its existence. Few of this class ihake more than a tithe as net profits. In the estimate of the S creiary of the Treasury in which he sets down tbe incomes of this class as about fifty per. cent, he fails to allow any credit for tbe vast expense of production. He estimates gros3 and not net income and in this way shows tlie incomes of the planter to be much greater than those of the banker or money Holder, whose inter ests and dividends cost none of tiie labor and ex pense of productions incurred by the planter. Citizens who belong neither to the land nor na val forces of the government, or to fhe militia in actual service, are arrested by provost guards and Government detectives, nnder charges of treason or other indictabie offences, or disloyalty, without warnin': or other process from the courts, and Im prisoned at the pleasure ei’ the government in open disregard of the constitution which dc lares that no such person sliali be held to answer for a capital or otherwise infamous crime, unless on a present ment or indictment of agrand jury, nor deprived of life, liberty or property,-without due process of law, and that no warrants shall issue but upon probable cause, supported by oath or affirmation, particularly describing tlie persons or^hn gs to be Sei Good and loyal citizens, who travel on railroads or steamboats or through towns or cities, upon law ful business, are arrested if they fail to carry pass es, while federal spies procure or forge passes, and travel over our throughfares at their pleasure. In many parts of the Confederacy, not in posses sion of the enemy, the government has ceased to protect either life or property, and its own soldiers, who have left the front without discipline or con trol, often, united with others professing to be in service and wearing the dress of the soldier, pass- ing over the country in numerous bands, robbing our citizens and destroying their property. While the old men and boys ofthiS State, leav ing important home interests to suffer, have been obliged to take up arms to resist the enemy, thou sands of young able-bodied men of this and other States, between eighteen and forty-five, years of ase are.protected by. Confederate authority, on ac count of the wealth or oflier influence, from service Ju tiie field, and under pretext of some nominal em- jfloyment for the government, are allowed to re main out of the reach of danger, and devote most of their time to their speculations or other individ- m ual pursuits. . . . Our financial affairs have been so unfortunately administered that our currency is worth very little in the market; and onr public faith Iras been so frequently and wilfully violated that it w.U be with -rent difficulty that WO C^HJfe-vu^nre our peo.

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, February 28, 1865, Image 1