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GEORGIA LEGISLATURE
SENATE
Thursday November 28tli 1861.
At 10 o'clock A. M. the Senate converted.
Prayer by Kev. Mr. PiDkcrton.
The'Journal was read.
Mr. Brown of Marion moved to rcconrider the action
of the Senate in the passage of the bill to incorporate
The Great Southern Insurance coinpnny. Passed.
Mr. KiUeu of Houston moved to reconsider the action
of the Senate in the rejection of a bill to render more ef
ficient the volunteer organization of the State.
Mr. Killen said that it was admitted that there was
an evil which the bill sought to remedy, and he hoped
that the opponents of the bill would allow it to be recon
sidered in order that it might be perfected. He spoke
at length of the evils of persons joining a company, and
then quitting it, sometimes with the secret and disloyal
purpose of breaking up the company. Such persons
were sometimes enemies to the cause which they pro
fessed to be willing to serve. He believed that the
soldiers generallv would hail with joy the passage ot
some such bill ai this. He did not intend Ins remarks
for those who were compelled, by circumstances trans-
piring subsequent to their enrolment, to qml theeompa-
ny. The laws made provisions for such.
Mr. Vason of Dougherty had voted against the bill,
and had not changed his opinion since,but as there was
ample time before the Senate for the discussion Ot the
subject, and as the object expressed was fortlie perfec
ting of the bill, he was willing to vote for reconsidera-
* 'sir Harris of Hancock was in favor of reconsidera
tion provided the bill should be recommitted to the
Military committee who knew the objections against it,
with a view to its perfection.
>fr. Gordon the wish that the hill might
take til at course.
Mr Killen chairman of the Military committee sig
nified his willingness.
The motion to reconsider prevailed, mid the bill was
re-coramitted. . „ „
The Senate granted leave of absence to Mr. oweann-
gen from the 8th District.
The bill to reduce the capital st«s-k of the t lierokne
Insurance and Hanking company was referred to the
committee on Banks.
I!y consent of theSennte Mr. Vason introduced a bill
to prevent and punish monopoly and extortion. It pro
vides as the penalty fine or imprisonment or both.
Mr. Vason thought that the exigencies of the case
would allow of the bill being committed at once. The
constitution had made provision for such hasty action
It provides an exception to reading bills on separate
days in the case of in-urrection or uctird invasion. He
thought great evil might result from delay.
Mr. Boyd of Lumpkin thought that the exception to
reading bills on separate days, app ied to only such
bills as looked totlie defence of the State.
Mr. Vason did not find any such reading in the Con
stitution.
The object ininuking the exception appealed to be to
save time in case of invasion, and let members go home
and prepare for defence.
Mr. Seward thought if the exception was claimed tor
the departure from the rules in the case it ought to be
so recited in the bill. He was opposed to breaking in
Upon the rule which was so important.
Mr. Vason moved to suspend the rules to allow the
bill to be committed.
The motion was lost.
The Senate then listened to the reading of House
bills the first time.
The bill to repeal tlieact regulating Foreign Insurance
companies was taken np.
Mr. Gordon proposed as an amendment to except
such companies from the baited States of America;
which amendment the author of the bill accepted, and
the bill was passed.
The bill reducing the salaries of Judges, Ac. from
which the sanction of the Executive had been withheld
was on motion of Mr. Seward of Thomas taken up.
The Executive veto was read.
Mr. (Jordon moved that the biil be made the specinl
order for the day immediately preceding I he day of ad
journment. There was no need of haste in this matter
said Mr. Gordon, and so much was involved in it that he
hoped the bill would take that course. He contended
that it was competent for tlieGenera! Assembly to pass
another bill on the same snbject.
Mr. Seward opposed the motion to defer action on
the bill. He contended that the hill would be lost and
could not be acted on again and as a consaquence tlie
old salaries would be retained,if tin* Senate did not acj
on tlie bill and pass it by the required constitutional ma
jority.
M r. Vason contended that the bill was now on its
passage, and therefore could be amended.
Mr. Seward replied that the motion was not
strictly in order, as there had been no day fixed for
the adjournment of the Legislature. He. also,
■aid that the alternative was now the present high
salaries, or the ones proposed in the bill. He con
tended that all the Judges, both of the Supreme
and Superior Courts, would have to receive the
salaries in the hill.
Mr. Bell, of Forsyth, offered the motion to post
pone. He considered it tantamount to the defeat
of the bill.
Louis, of Gieen, sustained the Executive veto,
but was opposed to the motion of Senator from
the 1st district. fMr. Gordon.) He thought that
the best way to accomplish the object was to allow
the vote, On sustaining the Executive veto, to be
taken, and he felt sure that that veto would be sus
tained ; and the House might pass another bill on
the same subject.
Mr. Gordon disdained the idea that his object in
the motion, which he mr.de, was to defeat the bill.
He was in favor of reduction, but thought that if
the veto was not sustained the subject could not
be brought up again, and. as a consequence, the
old salaries would obtain. The alternative was
then, either two much reduction or none at all.—
He was willing that the day for the special order
should be Friday week.
Mr. Moseley was against the motion. No one
knew which tiie day before the adjournment would
be. He had voted for Gov Brown, but thought
he had erred in the veto. He always thought
that certain services had been overrated.
Hansell, of Cobb moved to amend the motion,
by making the bill the special order for Friday
week, which the mover accepted. He conten
ded that all the opponents of the bill, were in favor
of the reduction of the salaries, and were only op
posed to reducing them so much,
Echols, of Oglethorpe, was opposed to tlie exer
cise of so much power by tlie Executive. He
thought it dangerous to the liberties of the people.
The motion to postpone was lost.
A motion to adjourn was made and lost.
The question was then taken on passing the bill
over the veto of the Executive, and was carried in
the affirmative by a constitutional majority of
yeas 31, nays 10.
On motion, the Senate adjourned till 3 1 “2 o'cl’k
this afternoon.
AFTERNOON SESSION.
The Senate met at3 1-2 o’clock according to adjourn
ment. On motion of Mr. Hansell the Senate repaired to
the House of Representative* for the purpose of elec
ting a Secretary of State and Surveyor General,a Comp
troller General, and a Treasurer. Aiter those officers
had been elected the Senate returned to in, chamber,
and adjourned till to-morrow morning 10 o'clock.
HOUSE.
EVENING SESSION.
Nov. 27, 1861.
The House took up and read all the Senate bills
for a
Second Heading.
After reading every biil of the Senate which had
been reported for a
First Rending
and the hour of adjournment (9 o'clock) not hav
ing arrived, Mr Trammell of Catoosa, introduced
a resolution requesting the Confederate Govern
ment to discontinue the purchase of provisions
and army stores by means of commissioners, die .
recommending the Governor to seize such provis
ions and stores as it may need, and pay a fair price
therefor.
The House then called for excuse* of members
who were absent Ht last evening's session.
A number of Honorable Representatives were
fined in accordance with the rule on this subject.
Whereupon members rose to make excuse.
From the member who were indisposed, we con
clude the Legislature is composed of a large num
ber of invalids.
One gallant member urged that he had an en
gagement with the ladies, and begged with scrip
tural earnestness to be excused.
But otberes urged that he ought to be willing
to pay liberally for the privilege of enjoying tae
•ociety of the ladies at the cap.tal.
He yielded to the argument and went forward
“ to captain's office ” to settle.
Pitts of Fulton, moved that the funds collected
ba devoted to the Soldiers Relief Society of Bald
win county. After indulging in this vein of pleas
antry for some time, a member moved that the
fines be remitted, which was carried, and the sol
diers fund lost a very considerable contribution.
The hour of adjournment having arrived, the
House adjourned until 9 o’clock to-morrow morn
ing.
Thursday, Nov.28, 1861.
The House met at 9 o'clock. Prayer by Rev. S.
J. Pinkerton.
The Journal of yesterday was read.
Mr Washington rose to present some objections
to the bill kuown as the Stay Law. which had been
passed on yesterday, and ordered to be transmit
ted to the Senate, but was not transmitted. He
desired that insurance companies and guardians
be exempted from the operaions o( the bill. He
hoped, if it were competent for the House yet to
reconsider it. such action would be taken, and he
moved to reconsider the motion to transmit the
bill.
Mr Whiffle sustained the motion.
Mr Norwood asked if the amendment adopted
in reference to suspending the Statute of limita
tion. would not effect the constitutionality of the
bill.
Beall of Randolph opposed the motion. N
Mr Lee desired the biil to be reconsidered and
perfected.
Mr Bigham sustained the motion to reconsider.
He agreed with MrNorwood, that the clause ad
ded on yesterday, in reference to the Statute of
limitation*, not being included iu the captiou vitia
ted the bill.
Messrs Thrasher and Lester opposed the mo
tion to reconsider.
Mr Hook favored reconsideration.
The motion to reconsider was lost.
Mr Hook’s bill to provide for the purchase of
cotton by the State, was made the special order of
Batnrday.
On motion of Adams of Clark, the rules were
suspended, and the Governor’s Message was taken
' Lester of Cobh, moved to postpone the matter
for the present, which was lost.
The bill and the message was read.
Mr Whittle objected the discourtesy to the
House, contained in the tone of the message, but
he was constr&ned to sustain it, to prevent the in
justice to Judge Jenkins and other Judges.
Judge Love asked if Governor Brown might not
have reappointed Judge Jenkins in time to shield
him from the operations of the bill.
Mr Adams had nothing to say about the insul
ting manner in whicn the Governor addressed the
House. It was a confirmed babit of bis, and a mere
matter of taste. He bad as much respect for tht
Governor’s opinion as be had for that of any othei
gentleman. If we do not pass this bill over tbe
veto, the Judges will get the old salaries, whilt
they are doing little or nothing'
Mr Norwood thought by two thirds vote we
could pass a new bill affixing any salaries we
please.
Mr Thomas sarcastically suggested that we rase
a committee of three, to wait on the Governor, and
see what salaries we shall give the Judges.
Mr Dumas demurred to the tone and the argu
ment ot tlie Governor, and would vote for the bill
over the veto.
Mr’ Mallard would sustain the veto not because
he approved its spirit, but in justice to the Judges.
Mr Smith of Brooks explained his position, and
under the circumstances would vote to pass the
bill by a constitutional majority.
Mi Owens expressed similar views.
Mr Dubose thought, that laying aside the cut
ting and unnecessary remarks of the Governor, his
position wa- right. If he chooses to indulge in
such discourtesy to the House and the Senate, he
would let it pass, and do justice, though the Heav
en’s fall.
Judge I,ove asked if there would not still be
injustice, if the bill passed, in giving two of the
Judges $3,500, while Mr Jenkins would gel
$2,500.
Mi Dubose responded, he hoped we might vote
Jown this bill, and pass another giving the Judge:
uniform salaries.
Judge Cabiness should vote to sustain the veto
of the Governor. It would come nearer justice to
Judge Jenkins and the Judges of the Superioi
Court than the bill bad done. Hepaid a high tri
oute to the purity and ability of Judge Jenkins,
md urged the importance of retaining such a
nan on the bench. The amount proposed as tin
-alary of the Supreme Court Judge was no'
■uongh to support them. He urged the House to
maintain the position they had taken before the
action of the Senate.
Mr Moore of Thomas had been opposed to low
salaries, but self respect seemed to require that
ve pass this bill over the Governor's veto. He
tlluded in terms ol high encomium to Mr Jenkins.
iu‘. ...'cording to our Constitution, all changes ol
.a ary must operate unequally at first. He believ
•d Judge Jenkins would cheerfully acquiesce in
the unequality.
But lie would suppoit the bill over the veto, as
\ rebuke to the indecorous language in which it
is presented. A majority of the legislature had
concurred in the bill,'and if we are to yield to the
lie tat ion ot the Governor we may as well go home.
«nd give Governor Brown supreme Legislative as
well as Executive power.
Judge Cochran appealed to the House to vindi
cate their own consistency by sustaining their first
two votes against the reduction to which the Gov
ernor withheld his section. Should we not vote as
we believe to be right, regardless of our opinions
in reference to the language of the Executive.—
He did not feel insulted by the message, he did
not believe any insult was intended by the Gov
ernor He used strong language, as is his custom
He had not traveled outside his legitimate author
ity. to “revise all bills,” and the Exercise of tlie
veto power was no insult to this body, nor would
the passage of this bill, over his veto, bo a reflec
tion on the Executive. It was the exercise of the
proper functions of each department. We should
use higher than considerations of mere feeling oi
sensitiveness, and vote according to the merits ol
the bill.
Mr Norwood rose to define his position, when
Mr. Adams called the previous question, which
was sustained, and on the passage of the bill, over
the Governor's veto, the ayes were JOB and the
nays 37 ; so the bill passed.
On the call for the yeas and nays, Mr. Washing
ton of Bibb, explained that believing the Govern
or in his veto message—baring the use of cer
tain exceptionable language by His Excellency—
had only sanctioned the deliberate action of the
House, twice affirmed by its vote on the salaries ot
the Judges, and afterwards abandoned in a mo
ment of excitement to oblige the Senate ; he was,
ther.-foie, unwilling to be placed iu a false posi
tion by outside pressure, and should Tote to sus
tain the message
Or. motion of Mr. .ldams the bill was transmit
ted to the Senate.
Norwood rose to a question of privilege and as
ked a suspension of the rules to introduce resolu
tions expressive of the sense of the House touch
ing the offensive tone of the Governor's message.
Mr Bigham earnestly and eloquently protested
against raising any issue with the Governor over
a mere question ot courtesy, and urged Mr Nor
wood to withdraw the resolutions.
Messrs Love, Lester and others, united in the
request, and they were withdrawn.
The special order to provide relief for the wid
ows and orphans of indigent soldiers, w-ho die in
the service—a Pension Bill was taken up.
Mr Bloodworth opposed the bill. It was the pro
vince ot the Confederate States to establish a
Pension Law.
Air Culberson concurred with him, and moved
the indefinite postponement of tlie bill, which was
carried.
The next special order was the Senate biil to
prevent speculation in produce.
The committee reported that the Legislature
had the power to legislate on the subject, but made
do recommendation as to details.
The report of the committee was agreed to.
On motion olMr Whittle the bill was taken up
by sections.
Mr Black offerered an amendment to the first sec
tion, so as to include drillings, shirtiDgs and sheet
ings.
Lee of Muscogee, offered a proviso, that this bill
do not apply to rope factories in this State.
Mr Trammell offed to include cotton yarns and
thread in Air Black’s amendment, which was ac
cepted.
Air Whittle suggested that beef and pork were
not included in the bill.
Mr Thrasher moved the indefinite postponement
of the bill.
Mr Norwood opposed the motion, and opposed
the bill, on constitutional principles. He referred
to art. 1st 21st section of that instrument, which
declares that private property shall not be taken
for public use except for just compensation. He
illustrated the argument with a review of the
gradual advance in prices for months, without any
view to speculation, by which the holder of a sack
of salt, bought but a month ago, for $8.00 would
be forced to sell it for J flu—which was tlie price
last March—thus taking $6.40 from his pocket for
no consideration.
Mr Bigham opposed the motion to postpone. He
did not think the bill perfect, but thought it con
stitutional, and argued in that direction. He sus
tained his position by a review of English law on
the subject.
The motion to indefinitely postpone the bill was
lost.
A motion tc refer to the Judiciary committee was
opposed by Mr Thrasher, but was carried.
Leave of absence was granted to Mr Brown of
Clay, on account of sickness in his family, Hines
of Effingham, and Judge Gibson of Chatham, on
account of threatened invasion of their homes.
The House adjourned to 3 o'clock.
The order for the day was then taken np' which
was the bill to incorporate the Cotton Planter's
Bank.
On motion, the name was changed to the Bank or
the Cotton Planter’s Convention.
An amendment was offered bv Mr. Seward, which
was accepted by Mr. Killen that the Bank might issue
notes of three dollars to one for the specie paid in,
and one dollar for every dollar in Confederate uud
State bonds.
Mr. Hill of Wilkes moved an amendment that the
property of the stockholders, personal, real an<i mixed,
should be liable for the redemption of tlie hills.
Mr Harris of Hancock offered an amendment winch
was accepted bv Mr. Hill, that no stock in the bank
-hnuidbe transferred until the Directors shall be sat
isfied that the person seeking to transfer stock has
pledged for the filial redemption of the bills, property
over and above the stock transferred to the amount
of said stock.
Air. Harris spoke against the inadequacy of personal
liabilitity clauses to guard against loss from failure to
redeem the bills of banks. Before such a clause could
be rendered effective the solvent stockboldets knowing
the sinking state of the bank would have withdrawn.
He instanced a cr.se of the kind well known to Sena
tors. There would be a great clamor against this new
principle sought to be engrafted on hank charters, but
lie bad no doubt but that banks would eventually be
willing to submit to it. lie was no enemy to banks,
but was only anxious to guard the unsuspecting far
mer against foss from such institutions,
Mr. Boyd of Lumpkin, was surprised that such a
princple should be sought to be engrafted on this bill;
especially since several bank charters had already
been passed this session, on which no such principle
had been engrafted. He considered it an unjust dis
crimination against this "particular bank. It would
prevent any person from becoming a stockholder in
the bank.
Air. Hansell argued that the restrictions contained in
the amendment of the Senator from-the 20th ( Air.
Harris! would effectually prevent any person from
becoming a director in the bank, ns it rendered their
bills ml infantum for the debts of the stockholder who
had failed to pledge other property tor the redemp
tion of the bills equal to the amount of stock.
Mr. Vason spokeaguinst the reduction. Hethonght
that with such restrictions in the charter no man of
capital would become ft shareholder in the bank. He
was willing that the shareholder should he personally
liable two years after the transfer of his stock. He
thought that nothing further could be desired to give
character and stability to this bank. The great question
now was, were more banks needed ? He apprehended
that it could not be doubted, that more were needed,
f here was but $8,000,(Mill worth of capital in banks,
on which $24,000,000 amount of bills could be issued.
This amount was not sufficient under the present exi
gences of tlie times. The banks had done well and he
was glad to know had been well paid for what they
had done; blit they must go on in the good work
which they had begun. This was not the time to re
strict banks, but il necessary to grant additional la-
cililies. Outlie 1st of November, the banks of tlie
State had a largeramount of circulation tlinu ever be
fore, and vet none of the present crop had been sold ;
now could, the banks without violating their charters
aid in the purchase of cotton !
It was ascertained at this stage that the report of
the committee of the whole had been agreed to, and
is a eonsequenoc Hint the proceedings on this bill
had not been strictly in order.
On motion of Mr. Killen, the bill was re-comuaitted
to a committee of the whole.
Mr. Boyd's substitute to Mr. Hill’s amendment was
put to the Senate ami accented.
On motion of Air. Seward, the bill was re-committed
to the committee on banks.
The rules were suspended and Air. Swearingen in
troduced a bill fortlie relief of B. Davenport of Chat
ham county.
Also Air. Simmons introduced a hill to allow the
fines in criminal prosecutions in the counties of Kauniu,
Gilmer and Pickens, to be paid over to tlie Justices of
the Inferior Court for county purposes.
The hour of 1 o'clock having arrived, on motion, the
Senate adjourned till 3 1 2 this afternoon.
AFTERNOON SESSION.
The Senate assembled at the hour of 3 1-2 o'clock.
Oil motion of Mr. Alitchell the rules were suspended
and the bill taken np to authorize the Justices of the
Inferior court to issue bonds aud borrow money in cer
tain cases.
On motion the counties of Whitfield, Murray, Gor
don, Wilkes and Columbia were added in the bill.
On motion of Air. Seward the county of Thomas was
exempted from the operation of the bill.
Air Seward said lie was opposed to inaugurating the
policy of pensions. If pensions were to be granted let
them be granted by the Confederate States.
Air Boyd moved to lav the bill on the table for the
balance of the Session. Lost.
Air Swearingen movedto make the bill applicable to
the counties only of Cass, Chattooga, Floyd, Decatur,
and Cobb. Agreed to.
Air. Hansell offered as a proviso that the counties
included in the bill should never come totlie State for
the refunding ofthe money soraised. Agreed to.
The bill was on motion of Mr. Mitchell then laid on
the table for the present.
Air Killen chairman of tlie Military committee report
ed the hill to render efficient the volunteer organiza
tion of the State, with amendments. This prescribes
that the pledge not to quit the company until after the
election of officers, and that it shall not be taken by
any under 18 years of age, and shall cease at the expi
ration of the war.
Air. Harris of Hancock did not think the amend
ments entirely reached the evil. He was opposed to
throwing any obstacles in tlie way of the efficient work
ing of the volunteer system. Heoffered an ameudmeut
providing that it should not be lawful for any person to
raise or attempt to raise any company unless sucti per
son shall have received a thorough military education
at some Institution in this State or elsewhere, or shall
have first received the permission of the Governor so
to do on the recommendation of the Inferior Court.
Air. Aloselv was opposed to the amendment. He had
known persons abundantly qualified tocommand a com
pany who had never hud a Military education ; and it
might in cases of pressing emergency delay too IoDg
tlie formation of companies.
Air Harris spoke in favor of the amendment. He
wished that the evil might be remedied in this way.
The amendment was lost.
Air Gordon hoped that the Senate would pass tlie bill
without auv further amendment. The committee had
considered the hill last uiglit. They had stricken out of
it the prohibition ofthe person violating his pledge from
joining another company, confining the punishment to
expulsion from the company.
Air Shoemnke offered an amendment extending the
provisions only to persons enrolled in tlie Adjutant Gen
eral’s office. Lost.
Air Wright of Johnson moved us nil amendment that
a line of $50 be laid on such persou violating his pledge.
Lost.
Air A'uson spoke earnestly against the passage ot the
bill. He thought we should let well enough alone.
Air. Killen replied to the objections which were
urged against the provisions of the bill. He show
ed that the bill would not destroy the volition of
the soldier, as he would not under the bill be re
quire! to take the pledge until the officers had
been elected. The dissatisfaction which arose
was not generally on account of distrust ot the ca
pability ot the-otficcrs, but tlie dissatisfaction gen
erally arose about ihe time they were required to
go into service. He instanced a case in his own
county, and he doubted not that there were many
such cases. In its present condition the bill would
only operate in a moral point of view. It did uot
have the strength that the committee desired.
Mr. Vason called for the yeas and nays on the
passage of the bill. 3 lie yeas were 36, and the
uavs 8, so the bill was passed'
On motion of Mr. Hansell, the bill to authorize
the Governor to draw trom tlie Treasury $100,000
for the pay of troops in the service of the State.
Air. Killen offered a resolution tendering to the
Confederate Government tlie troops now in the
service of the State, in companies, battalions and
divisions. The resolution was taken up and
agreed to.
A message was received from his Hxcellency,
proposing for the confirmation of the Senate nom
inations to fill several vacant offices of the Judge
of the Superior Court, and one of Judge of the
Supreme Court.
The bill to amend an act incorporing the Cher
okee Insurance Company, was taken up as amend
ed by the committee on Banks. 'I he bill was pass
ed.
Granted leave of absence for a few days to the
Senators from 13th and 7th districts.
On motion of Air. Killen, the Senate adjourned
till 10 o'clock to-morrow morning.
BHI
AFTERNOON SESSION.
Nov. 28. 1861.
The House met at 3 o'clock.
On motion a resolution was adopted, that the
House inform the Senate of their readiness to go
into the election of State House officers.
On motion of Judge Gibson of Chatham, a bill
for the relief of Mrs. Margaret Dillon was taken
up.
Jfr Beall of Paulding proposed a section for the
relief of a certain party iu that county, which was
objected to and withdrawn.
The bill then passed.
Leave of absence was granted to Pitman of
Ware, on account of sickness, and to Mr Surrency
for the purpose of attending Air Pitman, also to
Dr. Barker of Dougherty, on business.
On motion the House took a recess, and the
Senate come into the Hall, when the General As
sembly proceeded to the election of State House
Officers.
The first election was for Comptroller General.
Air Briscoe announced the name of the present
able and indefatigable incumbent.
On taking the vote, Air Thweatt was elected
without opposition.
The next election was for Treasurer, Mr Bris
coe announced the name of tlie present efficient
and obliging officer—John Jones. Beall of Ran
dolph, announced the name of David Kiddo, Esq.
On taking the vote Mr Jones had a large majority,
aud was elected.
The next election was for Secretary of State.
Air Seward announced the uame ot B. B. Quil-
lia.ii: Air Culberson announced the name of Wm.
A. Williams: Alr Briscoe announced the name ot
C. J. Wellborn; Mr Moore of Thomas announced
the name of N. C. Barnett: Mr Vason announced the
name of C. B. Huinmond. On counting the votes,
Air Quillian 42, Mr. Williams 25, Air Wellborn 48,
Mr Barnett 39, Air Ilmnmond 42, neeessnry to a choice
Iff). There being no choice, asecoml ballot was taken,
when the names of Mr Quillian and Mr Williams were
withdrawn. Mr Wellborn received 78 votes, Mr
Barnett 63, Mr Hammond 55. There being no choice,
a third ballot wnstakeD. when Air Hammond had 46,
Barnett 71, Wellborn 79. A fourth ballot was then
had, when Mr Barnett received 100, Mr Wellborn 93,
Mr Hammond 4. Mr Baruett having received a ma
jority was declared elected. The Senate, then repair
ed their own chamber, and the House adjourned until
to-morrow morning 9 o'clock.
SENATE.
Friday November 27,1861.
At the hour of 10 o’clock A M, tbo Sonata met and
was called to order by tbe President. Prayer by Bev.
Mr. Flinn. -
Tbe Journal was reed.
Leave of absence was granted to Mr. Patrick for
the balance ofthe session on account of ill health.
' -flJi'.-nP**...
HOUSE.
Friday November 2!), 1861.
The House met at 9 o’clock.
Prayer by Kev. F. M. Hawkins, member from For
syth.
” The Journal of yesterday was read.
Air. I)cver moved to reconsider the bill to provide a
pension for the widows and orphans of soldiers, for the
purpose of memorializing our delegation in Congress on
the subject. The motion prevailed.
Under the suspension ot the rules on yesterday at the
time of adjournment, a hill to authorize Owen C. Pope
Jr. to probate the will, ondqualify as Executor of Owen
C. Pope Sr. was taken up aud passed.
On motion of Mr. Thomas of Whitfield, a bill to au
thorize Blount and King and Fitzgerald and Sutherland
to issue change bills, was taken up.
Air. Thomas explained the provisions of the bill, and
showed from the Comptroller General’s office that tiie
parties were responsible.
Air. Raiford aud Air. Lester sustained the claims of
the bill.
Mr. Adams offered an amendment that all citizens of
Georgia he allowed to avail themselves ofthe privileges
ofthisliill. He was opposed totlie whole shiuplaster
currency. If we must have them let the State issue
them through the Western and Atlantic Railroad, or let
the banks be forced to issue them.
Mr. Lester moved to amend tbe amendment, by ad
ding provided they own the same amount of property,
and give the same security that the parties to this bill
give.
Air. Raiford moved to postpone tbe amendments in
definitely.
Air. Lester withdrew bis amendment.
Mr. Washington was opposedto extending the privi
leges of the billin most cases, but lie thought the secu
rity offered iu this bill wusample, and the claims pecu
liar.
Air. Hook agreed with Mr. Washington.
Air Thrasheropposed the bill.
Mr Atulkey raised a point of order—the bill conflic
ted with one of the lulcs of the House in reference to
‘‘bills.”
Air Thomas urged the merits of the bill; aside from
their real estate the parties were obliged by the provis
ions of the bill, to deposite half the amount of their is
sue,iu State or Confederate State bonds, with the Comp
troller General.
Mr Owens of McIntosh opposed this and all bills au
thorizing the issue of shin plasters, unless based on the
‘ K Road, or the banks ofthe State.
W A A
tions can give the Legislature security, they
R Road, or to the
If corpora-
_ they can also
give the same security to the W fit A
banks, and thereby be accommodated with change
bills. We should guard well the currency of the State,
aniallow no bills issued by cqgsent of tiie Legislature,
that would not be taken all over tbe State.
Messrs. McCumy of Murray, and Culberson of Wal
ker confirmed the statement of Mr Thomas as to the as
sets and solvency of tbe parties to the bill.
Mr Lee called tbe previous question, and it was sus
tained. The report of the committee was agreed to.
Mr Smith of Brooks opposed this and all similar bills,
in an able and elaborate argument.
Mr Thomas offered an amendment that tbe parties
deposite dollar for dollar in bonds with the Comptroller
General
All' Whittle moved to recommit the bill for the pur
pose of aiuendtuen t.
Air Adams hoped the motion would not prevail, but
that the bill would be killed at once. There was no se
curity against over issues.
Air Thomas was willing to amend sous to make such
issue final.
The motion to recommit was lost.
Mr Cochran argued that the amendments proposed
by the mover ofthe bill would make the hill more se
cure than the bank represented by the gentleman from
Clark.
Mr Adams called the gentleman to order. He rep
resented no bank on this Door, but the county of Clark.
The colloquy was .getting heated when the chair
stopped both the gentlemen.
Air Cochran disclaimed any intention to offend the
gentleman, anil proceeded with W« argument.
Mr Adams rose to nn explanation—-lie intended noth
ing offensive in his retort to the allusion to his position
as a bank officer. He was actuated in his hostility to
the hill, by a conscientious conviction of duty.
Air Thrasher called the previous question. The
nves and nays were called, ami were, ayes 57 nays 85.
So the bill was lost.
Air Burk moved to take up a hill to provide fortlie
public defence, which motion was lost.
Air Lester offered a resolution, that the rules shall not
he suspended, unless by a two thirds vote, which was
adopted, and on motion, the resolution was incorpora
ted as one of the rules of the House.
A question arose as to the order of the day. The
chairdecided that the call of the counties was in order
before any special order. The counties were then call
ed for
Aew Milter.
Washington of Bibb, offered a bill to consolidate
the Savannah, Griffin and North Alabama Railroad
Company.
Burke of Carroll, a Lil! to allow W. AI. Driscall
to practice medicine.
Smith of Brooks, a bill to allow George W. Pike
and Enoch Pike's administrators, to sell certain
lands.
Norwood of Chatham, a bill to extend the char
ter of the Oglethorpe Fire company.
Cabiness of AJonroe, a bill supplementary to an
act to fix compensation of members.
Lawhon ofTetrell, a bill to change the lines be-
teen Terrell and Sumter.
Bighaii) of Troup, a bill to suspend the statute
of limitation during the operations of the “ Stay
law.”
Also a resolution that no new matter be intro
duced after Alonday next, except by two thirds
vote, and on bills connected with the public de
fence.
Leave of absence was granted to Air Dill on ac
count of sickness. Gross ot Scriven, and Air Over-
street, on special business.
The special erder—a bill to confiscate the rea
estate—including Railroad stock, within the limits
of the State of Georgia, to provide for the sale
thereof, and to appropriate the proceeds—was
taken up and read.
Air Candler moved, in order to get the bill be
fore tlie House for discussion, to postpone the bill
indefinitely.
Judge Cochran hoped lie would withdraw the
motion, so that the vote might might be taken on
agreeing to the report ot the committee. The
motion was not withdrawn, and Judge Cochran
proceeded to argue the mprits of the bill. He
maintained that the State of Georgia was sovereign.
Her sovereignty and her allodiai and proprietory
interest in the soil, was acknowledged by Great
Britain, in ihe Treaty of 1783, and that she had
never parted with that right. 'The Confederate
Government, by the sequestration act has not
sought to sell real estate, but simply to seques
trate; there is no complicity. Railroad stock is a
chattel real, a railroad is ittdispensible from the
realty. The Confederate Government, like the
old Federal Government, has no power except
what is expressly delegated: no power to appro
priate real estate is so delegated. The exercise ot
such power is a latitndinarian construction of the
sovereign power wholly inconsistent with the
rights of sovereignty. Confiscation or sequestra
tion are questions of policy, alone, the principle
being admitted by the right of nations. The sale
by Confederate authority cannot disturb the right
of eminent domain in Georgia: but the question is
whether Georgia makes the necessary interest in
the lauds thus forfeited or whether she has yielded
her sovereignty of which this is an attribute, to
another who is entitled to the money; that is the
question, and gentlemen cannot escape it. If a
conflict arises between the State and the Confed
erate States, it will simply bo referred to the courts,
as provided in this bill. In the course of the argu
ment Judge Cochran reviewed quite elaborately
the question of sovereignty. He referred eloquent
ly to the common strugglo in which Georgia as a
member of the Confederate States is engaged, but
he would yield no right of the State in peace or in
war. He w*s no federalist, and that is now made
the issue, upon the highest sovereign right of the
State—tlie right to control her own soil. Judge
Cochran made a handsome and able speech.
Air Lester sustained the inotiou to postpone,
He maintained that the right to confiscate or se
questrate, is a right incident to, and growing out
of the power to declare aud conduct war, because
that power, aud that alone, has the right to declare
who are alien enemies. According to the Consti
tulion of the Confederate States, ratified unani
mously by the Convention of Georgia, the power
"to declare war” is vested alone, in the Confed
erate Congress, aud hence the Confederate gov
ernment alone can declare who are its enemies,
and that their property shall be sequestered. The
belligerents in tlie present war are tbe Confederate
States ou tlie one band and the United States on
tbe other. Georgia as such has no enemy, She is
not engaged in war, and has no power to declare
war. He argued that according to the teachings
ot the best publicists it is questionable whether
real property, acquirtd upon the faith of the State,
should not be excepted from the article of proper
ty subject to confiscation. The rents and profits
of land may he sequestered, lie maintained that
the Confederate Congress lias passed a law- se
questrating “lauds, tenements, Ac.,” and direct
ing how they shall be disposed of Congress had
the right and power to pass that, law. This being
tiie case Georgia has no right to pass the hill un
der consideration, because its provisions conflict
with the law of Congress, and direct the seizure
of the property by a different office and for a dif
ferent purpose.
The hour of adjournment here suspended Mr.
Lester s remarks.
AFTERNOON SESSION.
Friday, Nov. 29, J861
Air. Lester proceeded with his argument. He
made a clear and searching legal argument, and
concluded by urging the impolicy of selling the
property proposed to he affected by this hid at a
time like the present,
Judge Lovo maintained that the biil involves
the whole principle underlying the present war
It is a question of sovereignty. He deprecated
any possible issue with the government, but would
maintain our right, and vindicate ottr sovereignty
at ever hazard. The power to subjugate, as a
general rule, belongs to tiie war-waging power.
It was so in the monarchies of the old world, hut
this is not a consolidated govenment. As a
sovereign State Georgia was entitled to control
her own soil. So far as the impolicy of selling of
these lands is concerned, they have to be sold any
how, and many of them are now advertised for
sale to pay the taxes.
Judge Cabiness reviewed the right to confiscate
or sequester property ot alien enemies. It was a
belligerent right, and did not affect the question
of sovereignty. He read from legal authorities to
sustain his position.
Mr Whittle agreed with the gentleman From
Glynn, as to the right of the State to sequestrate or
forfeit the property of alien enemies. But it did
not always carry with it the war-waging power.
The laws and the authorities which the gentleman
had read applied to monarehcial powers, where the
right of eminent vested in the crown. No title
ever emanated from the Confederate or United
States, except in the territories.
It spiang the States themselves. This principle
has already been conceded to the States from the
Confederate States. The Convention of Georgia
had passed an ordinance ceding forts, docks, &c.,
to the Confederate States. Georgia had ceded her
soil for certain uses, with the evident right forfeit
ing the grant when the uses are abused.
Air Norwood maintained that if the real and per
sonal property is confiscated, and goes to the State,
the principle of sovereignty is vindicated: if it goes
to the Confederate States, the principle falls to the
ground, aud we become a mere tributary to the
Federal power, and Georgia loses that jewel in her
crown—the title to her soil.
Mr Hook argued the question at some length,
and your reporter regrets that he lias not space to
report his points as tully as they deserve. lie ar
gued that sovereign power always controls the
soil, and we did not yield it iu giving the general
government the war-making power. The Oonfed-
1 erate government claim no right of eminent domain
for, while they provide for the sale of personal pro
perty. they sci/ucstcr real estate, and hold the rents,
issues, &c. Hence there is no conflict between
them.
Mr Bigham did not suppose there were five in
the House who contemplated the sale of this pro
perty, or more than that number who doubted the
right, of eminent domain. He therefore proposed
to offer a scries of resolutions, as a substitute for
tlie bill, asserting the right of eminent domain, and
requesting that the sequestratiou act be no*, so
proceeded upon as to ouestion that right, and de
claring that such lands should not be sold, and
further that our delegation ,n Congress he memo
rialized to secure the objects aimed at in the reso
lutions.
The resolutions were ruled to be out of order as
a substitute
Mr Bigham proposed that if the motion to post
pone be voted down he would then offer the reso-
iutionsasan amendment
' Judge Cochran urged the passage of the bill.
Tbe question was put on tbe motion postpone
indefinitely, and was carried, ayes 76, nays 66.
Leave of absence was granted to Messrs Schley
of Richmond, on special business, and to Hender
son of Worth, and Aired of Pickens.
Culberson of Walker, was added to tbe commit
tee on internal improvements.
Candler of DeKalb, moved to take np a message
received from the Governor, which motion was
carried.
The message gives his reasons for withholding
his signature from a bill fixing the per diem and
mileage of members.
Mr Zacliry moved to take np the message.
Mr Hook moved to adjourn. 1*he use of the
Hall was granted to Mr Napier to-morrow night to
make a Temperance speech.
Tho House adjourned till 9 o’clock to-morrow
morning
SENATE.
Saturday November 30, 1861.
Ten o’clock A. M.
The Senate met pursuant to adjournment.
l’rayer by Rev. Dr. Talmage.
The Journal was lead.
Mr Hansell of Cobb moved to reconsider the
resolution passed on yesterday evening turning
over to the Confederate Government the troops
raised for tbe delence of the State.
Mr Killen would favor the motion to reconsider
if the object he to amend and petfect the resolution.
Mr Hansell wished the motion to reconsider in
order to insert in the resolution a restriction that
those troops who had volunteered for the defence
of the .State. He said many ot the men. who had
volunteered for the defence of Georgia, were heavy
headed men and hoys of 15 years ot age, who were
lying on the cold ground without tents. They had
armed themselves with their double harralled shot
guns, and family rifles in many cases, and had
gone forth from their homes for the defence of
Georgia, and he was not willing to incur such a
hazard ns that these troops might be sent away to
some distant .part of the country and leave our
own State comparatively defenceless _
Air Seward argued that the resolution only au
thorized the Governor to turn them over, and he did
not think the Governor would he guilty ot such
folly us the gentleman seemed to think he might
He was for avoiding the immense expense which
would he incurred by the State.
Mr Bell was opposed to the motion to reconsid-
The restriction sought to be put on the Con
federate Government would censure the refusal to
receive them on the part of the Confederate Gov
ernment. That was assuming a power over them
which would be contrary to the Constitution oltne
Confederate States ; and as a consequence of that
retusal the State would be burdened with an over
whelming and burdensome debt. Georgia had al-
leady contributed as much perhaps as any other
State, and now that her people were pressed and
would be pressed still more, it was not just to our
people to burden her people with this additional
and unnecessary debt.
Air Gibson reminded Senators ofthe terms and
conditions under which the volunteer in Georgia
had gone to the coast. Tlie most ol them had vol
unteered solely to defend the coast ofGeorgia : and
notwithstanding they might be sent to a contigu
ous coast in South Carolina and Florida it would be
with the intention of defending the boundaries ot
Georgia. He thought it would not be keeping the
faith of the State with the brave volunteeis to suf
fer them to he put into a service for which they had
not volunteered. He would not he willing to do
them such injustice, If tlie gentleman on the op
posite side assume that the Confederate Govern
ment would not send the troops now in the defence
of the State to any other part of the country, or
would not put them into a different service from
that for which they had volunteered, why not place
that condition into tlie resolution ?
Mr Gordon said as one ofthe Military committee
lie would say that he did not see the objection to
placing toe restriction in the resolution that the
Senator from the 35th (Air J/ansell) desired. He
differed from Ihe Senator (Mr Bell) who thought
such a restriction would cause the refusal of the
troops hy the Confederate Government. That
Government had accepted a regiment raised tor
the defence of Georgia, aud wtrich was turned
over to it hy our State Government for that special
purpose. There was a special act of Congress,
which would apply. He would never have voted
for the resolution either in committee or iu the
Senate if he had thought there was a possibility
that the troops would ho placed in a different ser
vice from that for which they had volunteeied.
Air Vason was opposed to the motion to recon
sider. He instanced the case of Missouri which
was more exposed and in part than Georgia, and
yet she had put her army under the conti ol of the
Confederate Government. He did uot think we
had any reason to be dissatisfied of the Couiederate
Government.
The resolution was reconsidered.
Mr Gibson chairman of committee on state of the
Republic reported the bill prescribing tha terms of
citizenship iu the State of Georgia with amend
ments, with a recommendation that it pass. Air
Gibson said he hoped the question would be taken
by Yeas and Nays, and that every senator would
vote for it.
Air Gordon said that he had introduced the bill,
and would explain its object. The object was two
fold : first to punish sued persons as have lived and
fattened among us, and now in the hour of peril
have deserted the State aud gone over to the ene-
my. Second, to prescribe as one of the terms of
citizenship that every person emegratiug into Geor
gia from any other than one of the Confederate
States should be required to take as an additional
oath to the one already prescribed to maintain, up
hold and detend the Institution ot African (Sla
very.
Air. Bell offered an amendment exempting from the
provisions of the bill persons emigrating from Ken
tucky, Alissouri, .Maryland and Delaware.
Air. Boyd moved that the bill lie on the table for the
present, and 50 copies be printed for the use of the
Seirnte. Lost.
Air. Bell s amendment was lost
Air. Alitchell offered as a proviso that the person
making application for citizenship, shall take the ad
ditiomd oatli that lie lias not taken up arms against
the Confederate States or any one of them in the pres
ent war, and that if it be foand that such person shall
swear falsely, he shall be subject to all the penalties of
false swearing. Lost, 14, 18. The hill was then pass
ed.
Air. Lewis, chairman of the special committee to re
port on the state of the business before the General
Assembly with a view of ascertaining the earliest
practicable time of adjournment. lie gave it as his
opinion tiiat nn adjournment was not practicable be
fore two weeks from to-day.
On motion the bill was taken np, which had been
passed by the House of Representatives over the Ex
ecutive veto, reducing the per diem pay of members
and officers of the General Assembly. The veto was
read.
Air. Gibson explained the reasons why heshould vote
to overrule the Executive veto. He was followed hy
Messrs. Seward, Vason and Moseley on the same side.
The question was then taken by yeas and nays, aud
there were yeas 35, nays 3. There bi iug the consti
tutional majority ol' two thirds the bill was passed
over the executive veto.
Air. Bell explained the reason of his not voting. He,
had paired oft with the Senator from tin; 13th district
[Air. Furhnv) who if he had been present would have
voted differently from him.
By permission of the Senate Air. Gordon introduced
a bill supplemental to the act reducing the salaries of
the Governor and Judges. The act provides that
otter the declaration of peace the salaries of these
officers shall be the same as those provided by the act
of 1857.*
Grunted leave of absence to the Committee on
Lunatic Asylum on Alonday next.
The reconsidered resolution turning over the troops
raised fortlie defence of Georgia
Mr. Gibson moved un amendment which was ac
cepted, providing that the Confederate Government
shall receive such troops for their term of enlistment
and for the defence of the State.
Air. Hansell moved that I lie resolution lie on the
table for the present. Lost.
The resolution was then passed.
On motion of Air. Seward the nominations of the
Governor were made the special order for Friday next.
On motion of Mr. Brown of Alarion, tlie bill incor
porating the Great Southern Insurance Company was
taken up ; and the hill was passed.
The House amendment to the stay law was. on mo
tion of Air. Lewis, taken up. The amendment leaves
the stay law just as it was last year.
On the motion to concur in the amendment of the
House, the yens were 33; nays 9. So the amendment
was concurred in.
On motion of Mr. Gordon the Senate adjourned till
3'oclock this afternoon.
AFTERNOON SESSION.
The Senate met at 3 o’clock pursuant to adjourn
ment.
The rules were suspended, and Air. Bell introduced
a resolution that tlie General Assembly will adjourn
on Saturday the 7th of December next, which was
passed,uud on motion transmitted to the House forth
with.
The bill to reduce the salaries of the officers of the
Western and Atlantic Railroad was made the special
orderfor .Monday next.
The bill to authorize certain comities in this State to
issue bonds and borrow money in certain cases was
taken up, and tlie bill was passed.
The Senate then listened to the reading of
House bills the second time, and Senate bill a sec
ond time.
The bill to settle any conflict between the Code
and the statutes of I860, was taken up, amended
and passed.
The House bill to allow the Ordinary of De-
Kalb to grant letters of administration to Harriet
B. Chivers, on the estate of her deceased husband,
without requiring bond and security, was taken
up and passed.
The House bill to change the name of Cass
county to Bartow, and Cassville to Bartowville,
was taken up, amended by inserting Manassas in
place of Bartowville, was passed hy a rising vote,
unanimously.
The House bill to legalize adjournment of courts
of the Northern Circuits, was taken up and passed.
TheSenate adjourned till 7 o’clock to-night.
HOUSE.
Saturday, Nov. 30, 1861.
The House met at 9 o’clock. I’rayer by Rev.
Dr. Talmage.
The Journal of yesterday was read.
Leave of aosence was granted to Air Spain of
Talbot, on account of sicKness in his family, aud
to Mr Culherson of Walker, for the ballance ofthe
session, after Wednesday next, for the same cause.
Thomas of Whitfield,, moved to reconsider the
the bill lost on yesterday to allow certain firms in
Dalton to issue change bills. He sustained his
motion in an earnest appeal in behalf ofthe fami
lies interested. Messrs Raiford and Whittle hoped
the motion would prevail. Messrs Adams and
Thrasher opposed it. On a division the ayes were
71, the nays 62. Mr Adams called for the ayes
and nays. Messrs Whittle, Norwood, Bloodworth
and Moore of Thomas opposed the call tor ayes
and nays, aud the call was not sustained This
is a gratifying result to Mr Thomas, who has de-
f to the bill with striking earnes tness.
to allow the Inferior 1 Collrt of White county to levy
an extra tax which was granted, and the bill read.
Mr Hook asked leave to postpone the special
order, a bill for the purchase of cotton, until
Wednesday next, which was granted
Judge Cabiness moved to lay the Executive
message vetoing the per diem bill, on the table for
the present.
The motion was lost, and the message was read.
Hargroves of Floyd, moved that the bill be put
upon its passage ovtr the veto. Messrs Black and
Honk opposed the motion and sustained the veto
Messrs Owens, Washington, Tatum, Cabiness.
Thomas, Moore of Thomas, Njrwood, Lee and
Smith sustained the bill, and opposed the veto.
Mr Bloodworth would vote on the merits of the
bill, against passing it over the veto, but did not
approve of tlie veto. On the passage of the bill
the ayes were 11)9, nays 37, so the bill passed by a
constitutional majority.
The joint committee on business reported which
is published elsewhere.
Air Lester moved to suspend the rules to take
up a substitute for a bill for the relief of the banks,
passed hy the House. The Senate re enacted the
old law with the exception of a clause allowing of
ficers to collect costs. Air Lester moved to coucur
in tlie actiou of the Senate. Mr Bigham opposed
the motion Air Norwood proposed to introduce
a separate bill in reference to the fees of officers—
allowing them to receive their fees ill advance
Mr Tatum sustained the motion of Air Lester.
Mr Cubiuess moved to strike out, so as to make
tiie bill just as it passed the House, and as it was
last year. Mr. Aiken sustained the motion iu an
able speech, and was followed by Mr Finley of
Lumpkin, on the same side
Messrs Lester and Hook referred to the consti
tutionality of the bill Air Devt-r alluded to the
habit of officers to annoy the families of soldiers in
collecting costs. Dr Alulkey opposed the motion
to strike out. Officers were usually better able
to live without collectiug their debts than any
other class- Air Raiford favored the passage of
the Senate bill. The hill as it came from the Sen
ate was passed.
A Senate bill to relieve the banks. It contains
a clause requiring the banks to issue three per
cent, in chauge bills. Mr Adams moved that the
clause providing that the banks shall take Confed
erate notes at par be not agreed to.
J/r Cabiness proposed an amendment tiiat any
bank selling specie at ovei 5 per cent, shall not be
entitled to the privileges of this bill.
Mr Render proposed an amendment applying to
the banks through their agents or any other per
son, which was accepted by Air Cabiness, and
agreed to.
Mr Hook proposed an amendment to the bill so
as to require the banks to take the Treasury notes
of the State at par, which was agreed to
Mr Whittle moved to strike out tiie amendment
obliging the banks to receive Confederate or State
Treasury notes at par.
Judge Cochran argued that the bill allowed the
banks to pay out Tieasury notes for their own
bills, and hence he sustained Mr Hook’s amend
ment.
Alessrs Ala'lard, Love, aud Hargroves opposed
it. Mr Hook argued at length in favor of his
amendment.
Leave of absence was granted to Messrs Dubose,
Lane, Rusbin, Beasley of Bulloch, and Rice.
The House adjourned to three o’clock P. AI.
AFTERNOON SESSION.
The House met at 3. The unfinished bnrsiness
of the morning, the bank relief act—was proceeded
with.
The motion was to strike out the clause oblig
ing tbe banks to take Confederate or State notes
at par. Mr Whittle sustained the motion. Mr
Cochran opposed it. Mr Lester supported the
motion to strike out.
The motion to strike, out prevailed.
Judge Cabiness offered a proviso, limiting the
penalties of not accepting the Treasury notes in
payment for taxes or to depositors.
Air Bacon ofl'ered a substitute, that the provis
ions of the act shall not apply to banks unless
such banks shall pay out Terasury at par iu sums
of SltiU, when called for by depositors.
Air Cabiness opposed tbe substitute, and Mr
Washington opposed the substitute and amend
ment. They would prostrate every bank in the
country. Air Norwood opposed the substitute, and
Air Smith of Brooks moved to postpone the provi
so and substitute indefinitely. Air Love was per
mitted to add a lew remarks in favor of Air Smith’s
proposition.
The motion to postpone indefinitely was car
ried, on a division, the ayes aud nays were called
and were ayes 60 nays 74.
Adams of Clark, spoke at length against tlie
proviso ot Judge Cabiness, and the substitute ol
Mr Bacon, Judge Cabiness sustaiued bis proviso
Mr Briscoe thought tlie old act had operated well,
and favored tho reenactment without amend
ment. The question was on Briscoe’s substitute;
the ayes were 81 nays 41, and the substitute was
received and adopted.
Judge Cabiness offered an amendment requir
ing the banks to issue change bills to the amount
of one per cent on their capital stock, and author
ing them to issue them to the extent of three per
cent, on their capital stock—this clause to go into
effect after the fiist of January. The amendment
was adopted. Ou the passage of tbe bill the ayes
were 11)8 nays 18.
A message front the Governor was taken np. giv
ing his reasons for signing a bill to legalize extra
taxes m the different comities.
House theu adjourned until nine o’clock, Mon
day morning.
l*ate Southern Intelligence.
is evert k tumor that he has demanded his pas*,
ports.
A special dispatch to the Louisville Journal
from Washington, the 19th, sav s although there
appears plenty of law to sustain Commodore
Wilkes, Lord Lyons is very noisy, and as vet
while being compelled to remain officially silent
he is unofficially impudent in all his conversation
and assumes there will be no question between
his Government and the Federal Government, be
cause the latter will apologize aud return Alason
and Slidell.
Many Diplomatists, including some friendly to
tbe Federal Government, express the opinion nn.
reseservedly that it will be a cause of war with
England.
Indianapolis, Nov. 19.—General McClelland
has ordered six Ohio and two Indiana regiments
to Kentucky, from Western Virginia. There is
a probability that othei Indiana regiments will
follow soon.
A Northern regiment will pass through here to
night
Kaa) Tennessee Correspondence.
Wayside Refreshments fur Traveling Soldiers.
voted himself
and ability.
Cochran of Glynn, moved to reconsider a bill
to confiscate the property of alien enemies. Ren
der sustained tbe motion to reconsider. Mr|Le>*
ter opposed it, snd tbe motion was lost.
Moore of White, asked leave to introduce a bill
The following shows that the people of Charles
ton are doing, in the very commencement of tlie
military mouement there, what we have vainly
impressed upon our own citizens:
To the Citizens.
Every train will bring large numbers of soldiers,
hungry, fatigued, and many perhaps sick and
faint; refreshments are essential immediately upon
their arrival. Our city couucial has appointed
the undersigned a committee to attend to this mat
ter. The new building erected as a depot for the
South Caroliua railroad company, has been kind-
ly given up for the accommodation ofthe soldiers,
and Col. YValker has procured the mmerican Ho-
tel as a reception hall for the sick and disabled
We want cooks, waiters, nurses, fuel, hospital
stores, &c , &c. Our citizens, we are assured,
will immediately come to our aid.
From Ihe Charleston Mercury.
The news front Beaufort and tha neighborhood
represent everything to be apparently quiet
Whatever movements are progressing are not of a
nature to be made public, as yet. The following
official letter from Capt. Ives, relative to the condi
tion of the negroes who were left on the plauta
tions, will be read with interesr :
Headquarters, ^
Coosawatchie, Nov 13, 1861. j
General:—In reply to yonr inquiries, I have
the honor to inform you, that, in my opinion, there
lias been some misapprehension in regard to the
condition and state of feeling of the the negroes in
the vicinity of Beaufort, and upon Port Royal Is
land. I visitrd Beaufort, aud rode through the
Island in company with a small escort yesterday
morning. We saw no indications of any gsneral
disaffection among the negroes. Some disorders,
it is tore, appeared to have transpired during the
absence of the whites; but all of the negroes whom
we met, and we conversed with many of them, ap'
pear disposed to remain and look after the proder-
ty of their masters, and to be only desirous that
the latter should not suffer by their absence from
their plantations. Wo fouud many of the blacks
continuing their regular work, and tbe few who
were ranging about away from their homes, ap
peared to have done so only from the fact that they
were not under their usual coutrol, and seemed to
be heartily tired of their temporary relaxation.
Very respectfully, your obd't seiv't.
J. C. IVES.
Brig. Gen, R. S. Ripley, Coosawatchie.
Secret or the War —Tha Alemphis Ava
lanche says a Federal prisoner in that city, a for
mer fromtlllinois, on being asked what he was
fighting for, said he had an abundant wheat crop,
and a large quantity of corn, and heretofore, he
had always lmd a ready sale, and a good market in
the South. But since the war commenced he had
no market, and his crop was rotting on his hands.
He was fighting to open the blockade of the Aiis
sissippi.
Dispatches to the Daily Sun.
Interesting War News!
Pensacola, November 25.—Everything is unu
sually quiet here. Tho enemy’s shipping .keep
beyond range of our guns. No additiun haJ*h
made to the fleet.
Our killed on Friday by the caving in of an old
Magazine at Fort McRae, were John Arnold,
George Beasley, George Bageley, Thomas Cham
pion, Henry CrawforJ, John Berry, Andrew J.
Alicklejoliu. The wounded were Thomas Massey,
William Foster, Leiutenant Geogrc Howard, Col.
onel Villepigue The latter was slightly wounded
by the fragment of a shell
No casiulities have occurred since.
Nashville, November 25.—A gentleman arrived
here yesterday who passed through Louisville ou
the 17th, 2,0(M) Federal Cavalry arrived at Louis
ville that day, said to be from Ohio.
The Cincinnati Commercial, of the 18th, has ac
counts of the stampede of tbe Federal expedition
against Cumberland Gap. The accounts say, the
stampede was worse thau the stampede at Bull
Run, which was the result of Hardee's expedition
from Bowling Green, who was reported to be ad
vancing with 100.000 men. The Commercial
say#, “We hare no heart to comment on such im
becility.”
A special dispatch to the New York Times from
Washington, the I8th inst. There is increasing
confidence in tbe entire correctness of Commo
dore Wilke’s act of taking Slidell and Mason I
am informed that Secretary Chase expresses re
gret that Commodore Wilkes did not seize the ves
sel also.
A special dispatch to the Cincinnati Gazette
from Washington, the Itith, says all are delighted
with the seisure of Mason and Slidell, Euatia and
McFarland, except the Diplomatists who |rowl
Bull’s Gap, Tennessee. I
Nov. 20th, 1861. J
Doctor G. D. P
Dear Sir:—Yon will perceive from the above
caption, that I am at present in the land of trouble.
I have been at this place for over a week past, en
gaged in rebuilding one of the burnt bridges, five
miles from this. We shall, from great exertion
in wet. cold and mud. get it passable for trains iu
two more days. We shall have to transfer freight
and passengers at the burnt bridge at Holston
River for some time yet but very fortunately,
there is a county bridge just below the Railroad,
upon which we can cross with frieght and passen
gers, so that there will be but little detention.
The bridge up, near here done, we shall make
connections with the Virginia Road at Bristol, so
that passengers will not be detained. Notwith
standing the burning of bridges, we are carrying
a large number of passengers.—This road is a
great military neccssi'y, and must be preserved. I
so viewed it. before accepting its Superintendoncy,
and .ill that I can do, shall he done to make it au
efficient arm of defence.
Among ail of the troubles here, it is gratifying
that the people have an abundance of the necessa
ries of life. Corn, Wheat, Flour, Poik and Beef,
are in abundance, and the land is full of Sheep,
notwithstanding the thousands of useless dogs,
that I don’t see any reason why sensible men
should feed.
In less than a week, we shall have our arrange
ments perfected, to ship through from the Virginia
Salt Works, a large amount of that indispensible
article. By the way. I have just heard that the
Georgia Legislature has, in a very sensible way,
“put the breaks” on the gentry who, by combina
tions, and the lerer power of paper money (to give
them a double leverage) have put up to almost fam
ine prices the necessaries of life. Doctor this is
too bad. It is the very worst feature in our affairs.
Honor and thanks to the Legislature for the coun
ter leverage to press it down. I hope these specu
lators will now either go into the army, or go to
producing bread or goober peas, or making hoops
for women, or cradles for children, at any rate, if
they can do none of these things, it is to be hoped
they will quit trying to make money out ot the
miseries of the land.
Respectfully and aflectionately,
Your devoted friend,
JOHN W. LEWIS.
t/'orrespondenre.
EXECUTIVE DEPARTAIENT, )
Milledueville, Ga .November lfitb, 1861. j
General Wm. H. T. Walker:
Dear Sir :—1 have the pleasure to acknowledge
the receipt of your letter tendering your services
to me in any capacity in which I may think pro
per to accept them, for the defence of your native
State in this eventful period of her history. Your
brilliant achievements on so many battle fields,
and your high character as a military commander,
entitle you, in my judgment, to as high a com
mand as it is the power of the Commander-in-
chief of this State to confer.
Under the act of the Legislature of this State
authorizing me to accept volunteers for her de
fence, I have now in the field two Brigades, com
manded by Generals Harrison and Capers, and
have the appointment, with the advice and cou-
sent of the Senate, of a Major-General to com
mand them.
This position I would most cheerfully have ten
dered to yon, but I had written to General Henry
R Jackson, who is, like yourself, one of Geor
gia’s most gallant sons, tendering the position to
him before I received your communication con
taining your patriotic tender. This position
was accepted by General Jackson without any
knowledge on his part of your correspondence
with me.
I expect soon to organize another Brigade, and
now tender you tlie position of Brigadier General
to command it. This is the best position now at
my command, hut I feel that I only express the
general sentiment of the people of Georgia, who
fully appreciate your services and your ability as
a General, when I say that it is not equal to your
merits, and that is much less than they would
willingly bestow upon you.
I am, very respectfully,
Your obedient servant,
JOSEPH E. BROWN.
Augusta, November 20th, 1861.
His Ereellenccy, Governor Joseph E. Brown :
Dear Sir: I accept with pride the position of
Brigadier General, which you have in such flat
tering terms tendered me. The position of Gen
eral on the Potomac I resigned for reasons set
forth in my resignation. The rank of General I
would never allow to be degraded in my person.
I am rejoiced that the rank of Alajor General has
been bestowed ou my gallant and chivalrous
friend, General Jackson, and it will be my pride
to serve under him, and to render him all the aid
in my power in preserving the soil of Georgia in
tact from the ruthless footsteps of the invaders.
Wilhsucha dashing leader, backed by tbe no
ble and gallant men of Georgia, who will combat
for all that is dear and sacred, our wives and little
ones can lie under their own vine and fig tree with
none to make them afraid.
Allow me to thank you for the high (and un
deserved) appreciation you place upon my char
acter as a soldier, and to assure you that at a
moment’s notice I will be ready to battle for my
mother—Georgia.
I nil, with great regard, your ob’t serv’t,
W. H. T. Walker.
at it—especially the British Minister.
■ . . - -- ,.
Northern Army t'rnudi.
The lust Lincoln Congress appointed a committee of
five to examine into army contracts. This committee
has had a seven weeks’ session in New York, nnd sre
operating in St. Louis. They have taken 4,700 pages
ot testimony, and have not discovered the first trans
action in furnishing supplies for the army, not tainted
with fraud. Their researches after an honest man have
been more fruitless than those of Diogenes with his
lamp. Some of their discoveries are remarkable. For
illustration :
The army of contractors in St. Louis commenced their
operations hy presenting Airs. Brigadier General JIc-
Kinstry, wife of the provost marshal, who was to su
pervise their work, with a silver service worth three
thousand dollars. In no one case does the lowest bid
appear to have been taken. Horses were furnished at
$119 51- each. Ten dollars fee was exacted to admit
them to examination, and ten dollars to pass, and ofthe
whole number furnished to one regiment, the report be
fore the committee was as follows: 76 fit for service, 5
dead, 330 over age, stifled, ring-boned, spavined and
incurably unfit for service. Hay was delivered at $25
per ton. when the committee say it could have been had
for eight. The wagons furnished were al! iouud unser
viceable, the cracks and fractures filled up with putty
and painted over. Five fortifications of St. Louis were
built by days’ works, under the superintendence of
government functionaries, at a cost of ten thousand dol
lars each. Six otiier fortifications of equal size were
let out to contractors at $360,600. Tug boats were
built at $8,000 each, which were offered to be built at
$4,500. Iu every ease the lowest bids, however re
sponsible, were disregarded, and the contractors subse
quently sub-let the jobs on the terms of the lowest bios
or below them. The committee report systematic clies.-
ery and swindling iu every thing done for the govern
ment by the contractors. Tlu-ir report is a re-cot ot
utter demoralization aud depravity.
From the Aew York Herald.
Washington, Nov. 13.—Chose intends appointing a
collector tor the port of Beaufort, as the Federal Gov
ernment will make it a port of entry. A ship will be
seut to Beaufort with an assorted cargo to exchange for
cotton.
Cameron lms declared that Federal soldiers will not
be used as slave catchers, nnd army officers will not he
permitted to engage in the business, or order subordi
nates to catch or return fugitives. ...
Bermuda, Bahama Islands, Nov. 1.—The Nnshvil
is now coming into this harbor for ooal.hnviug been re
fused a supply at the other end of the island. She wi
probably ootaiu a supply,as there is a large quantity o
coal in privute hands.
From Tybce.
The steamer Ida, which arrived from
below yesterday afternoon, brought no
news of interest from Ty bee. We under
stand that theenemy landed a regiment on
the Island yesterday aftenoon, and ti> at
there are probably fifteen hundred to two
thousand troops now encamped t* 1 ® 10 "
Seven vessels are inside of the bar, )U
were in sight outside yesterday aft 4 *
.. ... The troops on the island are sal '
to be throwing up earthworks and e u
trenchings themselves. Since the slid tog
affair on Wednesday they keep at a *
spectable distance from the Fort m
day time.
Richmond Nov. 28.—The President *
dav signed the bill admitting Missouri t
the Confederacy.
Wilmington, Del., iW- 20.—-Dup’’ 1 ^
Powder Mills exploded to day, destroy g
three mills and killing three men.
Ttzma Senator*.—On tbe 16 inst.. tbs
tore of Texas elected Messrs. Wiglall and O
Confederate States Senators.
none
noon