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Urn appoint a c u»raUi*« of afcjM
m .-, ar-d eoquirtf of bin) from his? * »t - *al iv»a-
*vith U>« u at W V *,
whetfoct the i pmJU, jon c-f th j d*bw * hit »
■ > v €‘A-entia! to tfc* a of atiic^Wfl
aid AMt *aki t >:amittoe b. - to rrport
at wfly a day as practicable the ** iU o.
theii ncjuiry
re*ol\itioo ih; of which wa wiii
i<ivc hereafter.) #
vanoHi* of -'Uaoff* a?; f I r**r do n% pay to deU*-
of the amount due at the rate ot the
Mr ''i«irrtoa 1 . resolution to the <
that i? aecoi 1* ■ * wpp the iW* ox ttta Con
vootlofi iM*m jr tt f. iL r r* »%ry an
•V.e t aod . a?k.-. to be
•worn the Secretary be viib t'* to appoint
•uch AwiAiant and t i tb* they be
/o prorkit. *« ** • -jznanl
laboring under *auj iiw*Miitie\ to r n
yldec! by law 1 sem* r Sutler J by
uat’Oo of tb* Gpverao* tbs- sniu of fifty cer.t« j
oaUi to the Complin *r (J neial of the State
•big warrant on the .ier for ti* f . .?» ou ot of
money raided by taxation or otherv.* not
t»e jhgibit *0 toy ooi-©,* . it* io<
temion 2a<J, u im> Le fol
ate toi loir > •* r t ,j be chOft l
• if(l fi- t'Vfl <1 f! nt i* ' |
aft <• o • held, the efiniutr, ol th** w % Grit'*
* id jiiii the names c all said tow into a
earJ fairly and fxn;'ariiaJiy and 9 w > in to said
letmaahail expire, an «v • h ? übn
*aid, shall hold Uieir u!-. * u> six tw>
loac;t>* , M. ' ios, i.v-‘.. o'* \‘jitvO%a ir. - * *;i
j«w ’ed .
’that the a**-adUhv < i thiy loa\ i
t ily l. the -nut bl-rc#* • ii.ua; .l* **u ihe>
th jw .. iioun?.
1, '1 . ibir\ lulioiu* ).< / a
11 ot toti Coil .-HTition
■ > k ;uw»L..
Mr. Seward, offered a resolution that hi®
* Kxoellency, the Provisional Governor, he re
quested to communicate to the Convention, at
any tit a, any facts in his possession that he
may d< in of public interest. The resolution
was atii pled,
’the committee of five appointed to memor
alise the President in relereuce to the pardon
of political prisoners made tho annexed re-
port :
Millkjogeyillk', Oc ober 30th, 1865., •
To His Excellency Andrew Johnson.
i’rcsideut of the United States :
The delegates of the State of Georgia, in
Convention assembled, do earnestly iuvoke the
Executive clemency jn behalf of Jefferson
Davis and Alexander H. Stephens, and James
A. Seddon of Virginia, A. G, McGrath of
South Carolina, Allisou and David Yulee of
Florida, and H. W. Mercer of Georgia, now
contined as prisoners, similarly circumstanced.
Your Exceileucy has been pleased to restore
Mr. Stephens to his liberty. He returns to
the grateful people of this State, a solemn
pledge of the magnanimity which rules tho
public councils ; audhisgieat name and in
fluence will be potent to revive the amity of
the past, and fructify the wise and generous
poiioy which your Excellency has inaugurated.
Kmboldeuod by this example, impelled by
the purity of our motives, and stimulated-by
the prayers of a numerous people, we appeal
for clemency in behalf of the distinguished
persons we have named lies tore them to lib—
eity and to the embraces of their families;
translate them fr«m captivity to the light of
freedom and hope, and the gratitude of the
prisoners will be mingled with the joyful ac
clamations which shall aseeud to Heaven from
the hearts of this people.
Jefferson Davis was elected to his position
by our suffrages, and in response to our wishes.
We imposed upon him a. responsibility which
he did not seek. Originally opposed to the
sectional policy to which public opinion, with
irresistible power, finally drove him, he be
came the exponent of our principles and the
leader of our cause. He simply responded to
the united voice of his section. If he tbeu
is gniity, so are we ; wo were the principals,
he was our agent. Lst uot the retribution of a
mighty nation be visited upon bis head, while
we, who urged him to his destiny, are suffered
to escape. The liberal clemency of the gov
ernment has been extended over us ; we
breaths the air and experience the blessings of
freedom; we therefore ask that the leader,
who, in response to the democratic instincts of
his nature, the principles of his party, aad the
solicitations of his section, became the head
and front of our offending, shall not now be
bruised for our iniquities, or punished for our
transgressions.
Mr. Davis was uot tbs leader of a feeble and
temporary insurrection : he was the represen
tative of great ideas and the exponent of prin •
ciplts which stirred and consolidated a numer
ous and intelligent people. This people was
not his dupe. They pursued the cause they
adopted of their own free will, and he did not
draw them on. hut followed after them. It is
tor these reasons that we invoke the Executive
clemency in his behalt. His frame is feeble ;
his health is delicate; all broken bv the storms
of State; he languishes out iu captivity a vica
rious punishment for the acts of his people.—
Thousands of hearts are touched with his dis
tress ; thousands ot prayers ascend to Heaven
for his relief. We invoke in his behalt the
generous exercise of the prerogative to par
don which the form and principles ot the Con
stitution offer as a beneficient instrument to a
merciful Executiver. We ask the continuance
of that career of clemency which your Excel
lency has begun and which alone, we earnestly
believe, can secure the true unity and lasting
greatness of this nation. Dispensing that mer
cy, which is inculcated by the example of our
great master ou high, your name wiil be trans
mitted to your countrymen as one of the bene
factors of maukind. The Constitution of our
country renewed and fortned by your meas
ures will once wore extend its protection over
~i* .? f A’*. V people, form mit
r '*■ *>f tiii iTen*, equ *!•
TU >> ’niv agreed to.
• y \ ivSN** bee tear* to
local >■*;•?■* vi
’• ' ' Mr.
Ihr teiiVt) /.vMjUUvt-; il(>wiiL. t
mou ovided that noth ty lUis op
<;o , 'on:J. r—iH i e "k. -r ' v ood in any w e to
•i. v this io u laaUe »f Legisiattire roani
jy.J If, M kja
• ;r>. •; Oct. 28th, iB6O. ;
* *>*'* )t'ynv* ntioo —Ou last even*
' ley 1 -witbc 'jllowiDf* telogmra. Oou
• urns / : t*ift *>.■ at ice* md pfopi!oty of tno views
• - o .‘.eii -.1, it in r«comm«bd
cl in; ,:• : i.ion , • bt* Conveat’on coaform
.1. •. -, N J roT. Oov. o( Ga.
.. :i : ( iiu ;t, tctober 29tb>
1 !fy ieiegiupa ir 'DQ Washiapton, 2t,_io
•or, i! pate :■;*•• V• -ii re*' S'i, "lhe pco—
-1 repi.’iia’ i ■ ' im-ry -iei<ie dollar of debt created
it wii; . /t do to levy aad colleot taxes front
«■ ~to' pe.>piv thto are loyal and 1 in the
; th- ■n out. Diareby subverting tbe Con
, ititufi i> of the United hiatci i do not be
• bc.it W t»e pavi..e«it of» ddi-t niri’ wasthe
• •.. -i i ■>-■:■• >t bunging oc ti.eir and pres
: t -'ifferir... 'ii«> iwnlt of the rebellion. They
I w;so v i ! - u f aptfcal ti creation c-f tbie
• ,iebt, must w, et tl-oir foie, and i-ai*e it ag one
,of the inevitable mm its of the .retalMon
tl ougu it may .-eem hard to ‘ 1.i.-ji, It should
at • » bo made kuown, at home tnd abroad,
:he ‘ del eositiattwi f»i tbs purpose of dis
j paid, by taxes levied ou Ihe people for such
-t- 1- fit !0 Washing o».t. 28th--
• 'j' o ;* v eli»*Dcv )3s job, n _ •
' veml teitigt-.ut-t have been recta .1. The Pro
| alii m oi the l-uited St-atca caun T recognize
•be ix w .;« if any gtate, as having r«v-m«»l the
elation ß of loyaUynto the Union, th.f admit,
| ft.- legal 'b'igat n,, coutraots or dobte »ated
1 h*t lessago was rexetred to a commiti-m of
MONOAT AKt'KRNOON, OOT., -50.
The billowing mtssage from his Sxc-ilency
Gov. Johnson, was received thiough hf»- Score
t;*ry, L. b. Hrlecoe, f *((. .
Milirtdgevitle. Oct iOlh f lMttf. (
. UcnMomcn <»f toe Ooaventiou ;-I have the
hi.uoi hr;. v it'i to R ihinit to y< n, showing the
iimoani o rnoncy received and expended by
•ne. sbc- r -latcrn.g upon the duties ol niy of
"(om-' - 1 T. i'. Metculf. i's Augusta, io
' 1 ....... .... sflo,oi>o$ f lo,oi>o 00
..in intercit »t tue ratt» of 7
percent, por annum, and paya-
in gold on the (ith day of
Ueoomber, 1806, or the Ist day
' of December, 1867, at the elec
tion of the State.
Borrowed of E M. Bruce & Cos., 10,000 00
Borrowed of Augusta Manufactur
ing Cos 5,000 00
Borrowed of J. M. Newby. 2,500 00
Borrowed of C- F. McKay,.. 5,000 00
Cash of G. F. Cross, for Cards
sold, 2,000 00
The gold received was sold at a
premium of 40 1-2 per. cent.,
making •. 9,300 00
T0ta1...,....' $53,800 00
The last sums named were received in cur
rency, and ore to be paid in currency, and bear
interest at the rate of V per cent, per annum,
from the 6t,h of October,' 1865, payable out of
the first available taxes collected.
The expenditures are as follows 1 to witj
Items in wairauts in Comptroller General’s
report ,• $ 4,050 00
Freight on Public Document,.... 10 00
H J G Williams, temporary ser
vices,. . 25 00
Advance to L H. Briscoe, Sect’y, 85 00
D. A. Caraker, work and material, 325 70
K. F. Williams, work on State
House clock, 40 00
E. D. Brown, for' lightwood fur
nished, • * 150 00
Total, $ 4,680 00
Jas. Johnson,
' . Prov. Gov. of Ga.
Mr. Giles iutrodubed the annexed ordinance:
AN ORDINANCE
To declare valid certain sales investments
made by and payments made to Executors,
Guardians and other Trus
tees in this State.
Be it ordained by the people of Georgia in
Convention Assembled . That all sales and in
vestments made by, and payments made to,
executors, administrators, guardians and
other trustees in this State, in gooff faith
in pursuance of the Acts of the Legislature of
tho State of Georgia, passed since the adoption
of the ordinance commonly called the erdinance
of secession, be and they are hereby declar
ed valid.
A resolution was introduced that the com
mittee of sixteen be instructed to report by
ordinance, or otherwise, some mode, other than
the Governor, of the appointment or the elec
tion of the officers'ana employees of the West
ern and Atlantic lailroad
A resolution was introduced and adopted
that the memorial to the President of the Uni
ted States in behalf of Jefferson Davis and
others, signed by the President and attested by
the Secretary of the Convention, be transmit
ted to the President of the United States.
The auditing committee were authoriz, and to
have three hundred blanks printed for the
use of said committee.
A resolution was adopted that the Presi
dent of the convention appoint a committee of
five to be styled the committee on the Jour
nal, whose duty it shall' be to examine and
approve the daily Journal of this Convention
before its submission to tho Public Printer for
publication. ?
A resolution WiiS adopted that our Senators
and Representatives in the next Congress of
the United States be requested to urge upon
the proper authorities the early resumption of
coining gold iu the Branch Mint at Dahlone
ga.Ga.
An unsuccessful effort was made to alter the
rules so as to confine epeechts to fiiteen min
utes length.
The President announced the following com
mittee on Journals. DeGraffenried, of Bald
win ; Wright, of Dougherty ; Roberts, of
Warren ; Candler, of DeKalb ; Atkinson, of
Carndeu.
The annexed resolution was offered but the
convention refused to suspend rules to take it
up :
Knoh- ’ X. mk. omU>ee ; . vtcen r?
ir -tri.A. T• i->lt k.; : iJJ. : "m* - r ~ ' li
rvasUtv /•. A will prov i.- inat. p- rsc u
;}. e • j : o!d the ric*. < ■ iovernor
. tbi- •« to ac at *. ;m “inch <'*
,i,.f ~i . ,v ,r~ ( ... aeuator
me vj<- ai * - -iiu y ir.L.’ •*-
or R-.p fr via this - c-o m: ie Con
rres •o* tr.< ited St>ti -k* vo 1 icca.ive
e MrJe » from t; e sixteen,
reported u ' Jditiou ir >nstitt»-
t’Oii as to lows :
Ai'i-jx.- ■>
i -r've xiwer b: -i st -d > n
a Go; .rn •. hrst a' -:r this
i«t|*n*ii all hold th a cih'"- be time
. urcMUcn as by ! • > or
f... n and qualifii. u h;s sue*
ri (y - elecred,
“,g ;e tor' tw- and until
iittjMb shall be ele lalified,
ail not be eligible n a ft , -’ r
tioa of a second t« i 1 ; period
. lie shall L npetect
h shall no be in . . dimla
i j the time for whi - : - t iye
5 -.im-t shall v.-ltbm
any' ~iher .-j.-i.-x ••- om the
i-i.-, os e: V •; om any
u "TOWOI.
7 1 , vei y y hv the
.alift, and to vote for men of the
oerai Ysaembly on the IS he? comber,
fteron
. * i c-1 l ! Hi 6
hall be
the rcii-sns,
in tl e
nem-
K eis of tee General Assembly, i returns
for ever" election of Governor pball called
ti:ci re*
of the
presen
and transmitted to Gpv -aor, or
ivemor
• r tl, mu.-' te-p-.' »• - v id-. - open
,. ■ , i be 1 aid
he tw'o
houses shall have been organ; id they
to the
H Os lie; i bers of
each branch of the Gen« - U y Tiaii
convene in the Represcn v,i-> ... «, and
the President of the Senate and Jpeaker
of the Douse of Representatives tl open
of the
ing the
given
rnor of
iriujori
then from the two per* - ng the
in life,
o time
ct, the
General Ai-acmbly shall immediati elect a
vsi !.■ : i 1 elec
•embiy,
present
-■!. t>« ...... r\ -. c ntested
8 ..- , ...i- -i in-* lIOUSeS
• ! v ner as
shall be prescribed by law
••3rd. No person shall be itigiti. 'o the
een a
it. . ..- "i . ; i ■ . - e . e, and
• i who
hath not attained th„ t.,.. <>; thirty yt at 9.
>n, or
of the
Senate shall exccise the . xecutivt . ers of
the government until sneb disabilitj bs re
mljfied.
And in ease ot tin- death, resignation r disa-
Speak
er of the I louse -crt Representatives k 1 exer
nment
UitH the removal of the disability - - 3 elec
tion and qualification of >1 Governor
,sth. The Governor shuß, enters
on the duties of his office, teke : owing
oath or affirmation, “i do sofcftm iwear or
a'Urn. a*s Ih * u-i'’h** ;1 •> faith -
< 'i 5 State
*>l Georgia and abili
istitu-
»f tbe
United States of America.
SECTION 2
I. The Governor s’la, l b- ler-in
if the army and a e, and
of the militia thoreol
'prieves
for oiVences r.jainst tire So :x..r -t cases
of in pits-hment, an ;•• i< • or to
remit any pact r>£ ase • • 1 s after
coi iotioi . ept ”j. ti «aoU 0 . er, or
other caj 1 . 1 may
• .te .in •—*« iCptui. thereof
to the next General A'sembly.
3. He shall issue writs of elections to ffll
vacancies that happen in the Senate or House
of representatives, and shall have power to
convene the General Assembly on extraordi
nary occasion ; and shall give them, from time
to time, information of the state of the repub
lic, and recommend to their consideration such
measures as he may deem necessary and ex
pedient.
4. When any office shall become vacant by
death, resignation, or otherwise, the Govern
or shall have power to fill Buch vacancy unless
otherwise provided for by law; and peisons
so appointed shall continue in office until a
successor is appointed agreeably to the mode
pointed out by this Constitution, or by law' in
porsuance thereof.
5 A person once rejected by the Senate shall
not be reappointed by the Governor to • the
same office during the same session or the re
cess thereafter.
6. The Governor shall have the revision of
all bills passed by both Houses, before the
same shall become laws, but two-thirds of
each House may pass a law notwithstanding
his dissent; and if any bill should not be re
turned by the Governor within five days (Sun
days excepted) after it has been presented to
him, the same shall be a law, unless the Gen
eral Assembly, by their adjournment,, shall
prevent its return. Hemay approve any ap
propriation and in the same bill, and the latter
shall not be effectual unless passed by two
thirds of each House
Every vote, resolution, or order, to which
the concurrence of both Houses may be ne
cessary, except on a question of election or ad
journment, shall be presented to the Governor,
and before it shall take effect, be approved by
him, or being disapproved, shall be re-passed
by two-thirds of each House, according to the
rules and limitations prescribed in case of a
bill.
8. There shall be a Secretary of Stale, a
Comptroller General, a Treasurer, and Sur
veyor General, elected by the General Assem
bly, and they shall hold their offices for the
like period as the Governor, and shall have
a competent salary, which shall not be in
creased or diminishing during the period for
which they shiill have been elected. The Gen
eral Assembly may at any time consolidate
any two of these offices, and require all the
duties to be discharged by one officer
9. The great seal of the State shall be de
posited in the office of the Secretary of State
and shall not be affixed to any instrument of
writing, but by order of the Governor or Gen
eral Assembly ; and that used previously to
he year 1861 shall be the great seal of’ the
State.
Mr. Hill, of Morgan : I move to strike out
the “two’’ in the sentence. “Each Governor
subsequently elected shall hold the office for
two yefcs. and insert in lieu thereof the word
•‘four.’’ Upon which motion the yeas and
nays were required to be recorded, and result
ed as follows : Yeas, 118, nays, 162. so the
motion wits lost,
A resolution was adopted inviting the- Hon.
Wm M Barvellan, of Ya , who was present to
a seat on the floor.
#UBBDAT MORNLVG, OCIOBiR 31.
A message was read from his Excellency the
Provisional Governor in regard to the cotton
owned by the State.
- The; following resolution was offered and
agreed to :
Whereas two telegrams, one from the Presi
dent of the United States and the other from
the Secretary of State have been received and
read to this Convention indicating, in plain
terms what course ought to be pursued by thi«
Convention in relation to* ths public debt of
Georgia contracted to cary on the wav which
telegrams refer to communications sent by the !
Provisional Governor of this State to Washing
ton : It is therefore resolved that a committee
of three be appointed by the President of this
Convention to call on the Provisional Governor '
of the State for copies of all communications
between him and the President of the United I
States, nnd the Secretary ot Slate relating to
that subject-
The following resolutions were laid on
the table :
Whereas, P. : gid economy in the administra
tion o: public affairs is an element of strength
in republican governments.
R- solved, That the muUiplication of public
cffice3 is condemned by the people of Georgia.
Resolved, That the Legislature be requested
to Sx the salaries of the officers of the Legis
lature, Judicial and Executive department, at
such compensation as will be commensurate
with the services rendered.
Mr. slartin offered the annexed ordinance
AN ORDINANCE.
To legalize and make valid the civil and crimi
nal laws of Georgia contained in the Code.
Be it ordained by the people of Georgia in
Convention assembled ; That all laws and
parts of laws, civil and criminal, in tha new
code, not repugnant to, or in contravention of,
the constitution of the United States, or the con
•titution which may be adopted by this Con
ventioa be, and the same are hereby declared
valid, until such laws may be altered or
amended by the Legislature of this State.
A resolution that the committee of sixteen
be authorized and instructed to take into con
sideration the necessitity of providing for the
temporary organization of one or more militia
companies in each county, was agreed to
The ordinance which was introduced into
the convention some days since, to suspend the
sale of property levied on by sheriffs under
executions, until such time as the Legislature
may direct, was reported upon favorably by
the special committee and taken up and adopt
ed. The ordinance suspends the levy and
sale of property till the adjournment of the
next session of the Legislature, unless sooner
l>y thrtt bDiljf •
The following ordinance in relation to the
pay of members and officers of the Convention
was introduced and laid on the table :
Be it ordained. That the sum of tea dollars
per day be paid to the President of the Con
vention during the term of the session of this
Convention ; the sum of five dollars per every
twenty miles traveled in eommg to Milledge
ville and returning home ; and the sum of six
dollars per day be paid to each member of the
Convention, and the same mileage ; and the
sum of six dollars per day and the same mile
age to the door k' 2per, and messengers ; and
the sum of eight dollars per day to the Secreta
ry, and seven dollars per day each to the Journ
alizing, Engrossing and Enrolling Clerks.
The annexed resolution was offered and laid
over :
Whereas, A difference of opinion exists
among the people of Georgia as to the obliga
tions resting on them to pay the debt of the
State, contracted for eairying on the war ; and
whereas, part of the debt of this State con
tracted during the war, was tor other purposes,
about which there can be no difference, as in
case of that part which was made in payment
fur stock in the Atlantic and Gu’f Raiiroad,
which stock is still the property of the State,
and that part which’was in payment of the sa
laries of Judges and other public officers which
was necessary to maintain the government
atid keep order at home during the war, and
that part which was fer money to meet the call
of humanity upon the State.
Be it therefore Resolved, That a committe of
three be appointed to ascertain what part of
said debt was contracted for the purposes of
carrying cm the war ; and what part for other
purposes, and that said committee report the
tacts to the next General Assembly of this
State for their action.
The annexed resolutions for the relief of
tax payers were offered ;
Whereas, By the misfortunes and results of
the late war the people of Georgia have been,
in a great measure, left moneyless, and many of
them without.any reasonable prospect at an ear
ly day.of making, money and many, too, holders
of large real estates, such as lands, which are,
from the embarrassed condition of the people
dormant and likely to remain so for some time
to come, to the owners of which it would be a
great sacrifice to force a sale of such property,
at this time to meet the tax demands of the
State and general governments therefore,
i- Resolved, That this Convention most re
spectfully recommend for the consideration of
the ensuing Legislature, and urges upon them
the passage of some bill based upon the credit
of this State, that will, as lar as practicable,
relievo the people of an immediate direot bur
densome tax, both from the State and general
goverrment, until the pecuniary condition of
the country will better enable the people to
otherwise meet their demands.
The consideration of the Constitution was
resumed. When tho clause came up altering
the Constitution so as to require Judges of tho
Supreme Court to be eleoted by the General
Assembly, Mr. Whitaker of Fulton, moved to
amend by requiring said Judges to be ap
pointed by the Governor.
On this question the yeas were 62; nays 208
—and so the motion was lost.
WEDNESDAY MORNING, NOVEMBER f.
The annexed resolution in reference to the
State Railroad was offered, bnt the Convention
refused to suspend the rules to take it up ;
Resolved. That the committee of sixteen be
and is hereby instructed to take into considera
tion the expediency of selling the Western &
Atlantic railroad, and applying the proceeds of
the sale, or so much thereof as may be neces
sary, to the payment of the public debt, of the
State; or of dividing the capital stock of said
road into shares, and tendering the same, or so
much thereof as may be necessary, to the cred
itors of the State, in payment of their claims,
according to the principles of justice and equity,
and report to this Convention by ordinance or
otherwise.
A resolution was offered to the effect that no
member of this Convention shall receive a per
diem compensation after leave of absence has
been granted, except said leave of absence was
granted in consequence of s'cknegs of himself
or family. The resolution lies over. 1
The annexed resolution whs offered, and laid
ovel:
Resolved, That Messrs. Reynolds, of New
ton, Moreland, of Troup, and Redding, of
Harris, be, and the same are hereby appointed
a committee to examine into, and report to
the next Legislature, the true condition of the
finances o; the State of Georgia—what appro
priations have been made, and for what pur
poses, how much for the military, and how
much or the civil department of the State,
since the Ist of January, 1861; what amount
of bonds and treasury notes has been issued
during the same period of time, and for what
purposes ; what investments have been made
by tne fcfrate in cotton, stocks and other secu
rities, and by whose authority ; and to set
lorth ike condition and character and resources
upon which the State may rely to pay such
indebtedness; and that 6uch committee have
power to send for persons and papers. And
be it further ordered, in case any member o* this
committee shall fail or refuse to serye, the re
maider of the committee shall have power to
fill the vacancy, and that the next Legislature
have power to make compensation for the ser
vices of said committee.
The following ordinance in reference to the
State Road was offered, with the motion that
it be referred to the committee of sixteen •
AN ORDINANCE
io provide for the eaje ©i the Western& At
lantic railroad.
Be it ordained by the people of Georgia in
Convention as embled, That the Western &
Atlantic railroad, with all its appurtenances,
is hereby valued at two millions, two hundred
thousand dollars, and shall be divided into
shares of one hundred dollars each, aud it shall
be the duty of the Treasurer of this State to
advertise said road for sale, in all the papers
published in this State for one month, allow
ing any and all citizens of this State and no
other persons, to take stock and to pay for the
same, either in specie or the Treasury notes of
the or in the bonds of the State
of Georgia, issued prior to the 19th of Janu
ary, 186 i, including SIOO,OOO 100 of bonds is
sued alter that date for stock in the Atlantic
and Gulf railroad at par ; or in any of the
bonds issued by the State after that time at
seventy-five cents in the dollar, or in any of
the treasury notes of the State, known as the
8 per cent notes, payable in specie or 8 per
cen f bonds, at 75 cents in the dollar, or in any
of the Treasury notes known as 6 per cent
notes payable in specie, or 6 per cent bonds,
at 33 1 3 cents in the dollar ; or in any of the
notes of the State which were payable in Con
federate States notes, and receivable in payj
meat of public dues at 19 dollars in notes for
one in stock, or in the Treasury certificates of
the State, issued in place of 8 per ceDt notes,
or 6 per cent notes, which shall be takes in
lieu of the 8 per cunt notes, or fire 6 per cei t
notes, which tbey represent, ar-d at the same
per cent ; the above per c.m upon each State
issue being gold value at the date of the issue.
Provided, S!:-teach pet von or corporation
in this State, subscribing for stock, shall pay
into the treasury < t the State two per cent on
the wh ale amount of stock taken in specie, or
the tieasury notea of the United States. And
the treasurer of this State is hereby authorized
and required to Gsue to 6uch purchasers scrip
for one -hare tor every one hundred dollars
subscribed and paid for as aforesaid. Aud the
treasurer is hereby directed to mark “paid,”
and file away, all State bonds or rotes and
certificates taken up as aforesaid, and keep
them subject to the direction of the General
Assembly. Aud it ehall be his duty to keep a
book of stock, in which shall be enteral the
name of eacU person or corporation taking
stock, with the county of their residence, and a
statement of the kind of securities in whioh
payment is received. And the treasurer is
hereby authorized to employ such number of
clerks to aid him in counting said securities,
and issuring said stock, and keeping said
book, as his Excellency, the Governor, mav
direct.
Aud be it further ordained, That such por
tion of the stock as mav remain unsold, shall
be the property of the State till sold, and the
State, as such stockholder, shall enjoy all
the rights and privileges of o'her stockhold
ers, and may at all meetings of the stockhold
ers he represented by a commission appointed
by the Governor for that purpose.
And further ordained, That so soon as
five millions at dollars of said stock ehall have
been subscribed and paid for, the stockholders,
including the State as such, until all the stock is
takeu, be aud are hereby declared to be a
body corporate and politic, by the name and
atyle of the Wi stern & Atlantic Rail Road
Company, with all the rights, privileges and
immunities of the Central Rail uoad and
Banking Company, except that said company
shall have no banking prirpleges unless here
after given by the Legislature, and the stock
held by individuals and corporations, shall bo
subject to taxation by the Legislature, as
otner Builroad stock iu the State is taxed. .
And be it further ordained, That as soon a=
said sum of five millions of dollars of said stock
is subscribed and paid for, it shall be the duty
of the Governor to give notice for 30 days in
two or more newspapers in this State, that an
election will be held at the capitol of the Stase,
on a day mentioned in said notice, for seven
directors to manage the affairs of said Western
k Atlantic K. R Cos., at which election stock
holders may vote in person or by proxy, each
share represented at the meeting being entitled
to one vote.
And be it further ordained, That said board
of directors shall have the power to elect all
officers necessary to the proper management
of the affairs of the company, who shall held
their offices for one year, unless sooner re
moved for good cause by the board of direc
tors, and until their successors are elected and
qualified.
And be it further ordained, That the meet
ing of the stockholders shall be annual for the
election of Directors at At) nta.
And be it further ordained That said sale of
said road and its appurtenances shall in no way
effect any p'edsfe or mortgage of the road here
tofore made by the State, for any part of her.
indebtedness, but said Company shall hold
said road subject to all such liens or mortgages
as the State may have given, till the debt in
tended to be secured thereby is entirely ex
tinguished.
And ba it further ordained, That no part of
said Stats bonds or Treasury notes, issued
since the 19th January 1861, shall be received
in payment for said stock, or for any other
purpose, unless they are presented at the
treasure, within four months after the date of
the advertisement by the Treasurer, as herein
before directed to be made.
The ordinances were laid on the table for
the present.
The annexed resolutions were introduced :
Resolved, That the convention do hereby
approve of and ratify the action of Joseph E
Brown, late Governor of this State, and of
Provisional Governor, James Johnson in
avowing the authority of the agent of the State
in the sale of— bales of cotton in Savan
nah in November last.
TResolved, That His Excellency, Provisional
Governor Johnson, be and he is hereby au
thorized and required to adopt such measures,
and take such action as will serve and protect
tfie interest of the State in said cotton.
The resolutions were laid on tbs table for the
present.
The Convention resumed the consideration
of the Constitution of the State.
TUESDAY MOKNIMQ OCTOBER 31.
Upon motion the message of his Excellency
Gov. Johnson waa taken up and read, as fol
lows :
Executive Office, |
Milledgeville, October 31, 1865. j
Gentlemen of the Convention : I have the
honor herewith to transmit to you copies of
telegrams sent by me on Friday last to the
Secretary of State, and His Excellency the
President of the United States.
The telegrams, and the replies to them be
fore communicated, exhibit all the official in
tercourse I have had with the Government or
any of its officers in relation to the debt of
Georgia. *
(Signed) J. Johnson.
Prov. Gov. Ga.
(copy)
To Hon. W. B. Sewaed,
, k Secretary of State, Washington, D. C.
We are pressed on the war debt. What
should the Convention do ?
J Johnson,
Prov. Gov. of Ga.
(copy )
To His Excellency, Andiiew Johnson;
President, U. S. Washington, D.C.
We need some aid to reject the war debt.—
Send me some woid on the subject. What
should the Convention do?
J. JOHNSOH,
Prov. Gov of Ga.
The Convention resumed the consideration of
the constitution.
TUESDAY, EVENING OCTOBER 31.
The annexed amendments were made to (he
constitution.
In the 12th paragraph by inserting the words
“not less than” before the word “twice.”
In paragraph lst, of the 3d section, by in
serting after the word “diminished” the words
“nor increased.”
The word “supreme,” in the 2d paragraph,
3d section was Btruck out,, and the word
“superior,” inserted.
The same paragraph was amended by in
serting after the word “diminished” tho
words “nor increased.”
WEDNESDAY, MORNING NOVEMBER 1.
The anuexed resolution was adopted : •
Rosolved, That a committee of sixteen; one
from each judicial district, be appointed who
are hereby instructed to take into considera
tion the necessity of providing for the tem
porary organization of one or more militia
companies in .each county in this State, and
report to this Convention by ordinance or
otherwise.
It was moved to suspend the rule in order
to allow the introduction of the following re»o
lution :
The committee of seven to whom was re
tired the message of his Excellency, Jas
Johnson, and the documents accompanying it
an the subject of cotton and tobacco, purchased
by the State, desiring further information on
that subject: It is
Resolved, That bis Excellency the Governor
be requested to communicate to this Conven
tion, if within his power to do so, how much
money has been drawn from the Treasury of
this State, with which to purchase tobacco,
when, by whom, by what and by whose au
thority it was diawD, and in what kind of cur
rency it was drawn, whether State or Con
federate skates money, bills or bends; or what
and of different kinds of mouey bills or bonds,
bow much of each kind, and how much cotton
and tobacco was purchased with the money of
the State 60 drawn from the Treasury ; the
number of bales aud their weight, and when
and trom whom it was p”rchased, and at what
price, and whether it was paid for in the same
kind of currency, money or bonds, that was so
drawn from the Treasury, with which to pur
chase those articles. How many agents were
employed to purchase the cotton and tobacco
herein referred to, and who they were, and
where they now reside, and then resided, and
what compensation, and how and in what was
paid, then aud each of them, and by whom,
for their sevices : and also what portion of the
c -11 ‘ i ti so pure based by the Slate has bee ir-sold,
aud by whom, and to whom sold, when, at
v.’hr.t pi ce. and for what cuirency it was sold ;
aud wbat amount ot State money issued since
the war. has been placed in the Treasury ; and
where and by whom placer, there, aud what
amount ot such State money has been ex
changed (or Conte terate States bills or bonds,
before ands neo it, wont into the Treasury ;
and when and by whom, and with whom.
And especially what State officers or officials
have made such exchange, and when and with
whom, and what amount each State officer or
agent has thus exchanged, and what use has
been made by ell such officers or agents with
tbo Confederate money they thus acquired by
such exchange
The aunexed resolution was introduced and
adopted.
Resolved That ihe special committee of seven
appointed to take into consideration the sub
ject of the cotton hitherto belonging to the
State, shall have power to send for persons and
papers, and compel the attendance ot witness
es during its settings
The President announced the following
named gentlemen, as the special committee
under the resolution of Mr. Mathews, of Ogle
thope. Messrs. Mathews, of Oglethcpe; Alex
ander. of Thomas; Harris, of Worth; McDaniel,
of Walton; Hansell, of Cobb; Atkinson,
of Camden; Trice, of Talbot; Luffman, of
Murray; Hammond, of Fulton; Anderson, of
Chatham; Murphy, of Monroe, Walker, of
Richmond; Lewis of Greene; Turnipseed, of
Clay, Wright, of Dougherty, and Black, of
Polk.
IHE STATE COTTuT IftVKfcTMBNT.
Executive Office. 1
|MiLLED(JEVU.LE, Ga., Oct. 29, 1865, j
Gentlemen of the Convention :
In reply to your resolution asking informs
tion relating to the cotton purchased, and the
assets of the State held abroad, I have the
honor herewith to submit to you certain com
munications, letters aud copy notes, which
contain all the information that 1 have in my
possession. From these documoms, it appears
that the cotton in Savannah which was cap
tured, had been previously sold without au
thority. Learning also, in this connection,
that the notes of Mr. Brigham, as set out. had
been executed for the purchase thus made, I
did not hesitate to notify the Secretary of the
Treasury of the United States that the State of
Georgia might set up a claim to the cotton
sold and captured. Upon this state of tacts,
Georgia, in my opinion, has her election, either
to ratify the contract, or disaffirm it. I re
spectfully recommend that the notes be re
turned to the parties executing them, and that
the Government be notified that the claim
against it for the cotton captured belongs to
and will be insisted upon by Georgia.
J. Johnson,
Prov. Gov. Ga.
(corr.)
$63,511 00.
On or before tha Ist day of June, 1865, I
promise to pay to the order of Joseph E. Brown,
Governor of the State of Georgia, with the
privilege of renewal for an additional six
months, with interest after renewal, the sum of
63,511 dollars, in Confederate States treasury
notes, or in State of Georgia treasury notes of
new issue, being in part purchase of (1650)
sixteen hundred and titty bales cotton.
(Signed) H. Brigham.
Savannah, Nov. 30, 1864.
(coFr) *
$49,632 00.
On or before the Ist day of June, 1865, I
promise to pay to the order of Joseph E.
Brown, Governor of the State of Georgia, with
the privilege of rene al for an additional six
months, with interest after the renewal, the
sum of $49,632 00, in Confederate States treas
ury notes, or in State of Georgia treasury
notes of n-w Issue, being in part purchase of
1650 bales cotton.
(Signed) H. Brigham;
Savannah, Nov. 30, 1865.
We, the undersigned, hereby bind ourselves
a3 securities, each iu the sum of $174,240,011.,
(Signed) D.H. Baldwin*
• And. Low.
‘ A. Wilbur.
Warren Mitchell.
Executive Office. . \
Prov. Gov. of Georgia. I
Milledgeville, Aug. 16, 1865. j
Hon. Hugh McCulloch Secretary ofTreas -
mry, U. S Washington, D. C.
Dear Sir — l deeire to notify your depart
ment that a certain number of bales of ootton
captured by General Sherman in Savannah
inaj be claimed by the State of Georgia as
belonging to her. The marertial facts of the
case, as lam informed are on the approach
of General Sherman to Savannah, tho agent of
the State sold the cotton to Mr, Brigham, and
others on certain terms. Gov. Brown on re
ceiving notice from this agent refused to ratify
the sale, but this was not communicated to
the agent until after capture. I will com
municate further particulars on receipt of in
formation. In the mean time, I hope the
claims of the State will not suffer prejudice.
Tours Truly.
Jas. Johnson.
Prov. Gov. of Georgia,
[cory ]
($318,761.) On or before the first day
June, 1865 I promise to pay to tbe order of
Joseph E. Brown, Governor of the State of
Georgia, with the privilege of renewal for an
additional six months, with interest after the
renewal, tbe sum of $318,761 in Confederate
States Tieasury notes or in State of Georgia
Treasury notes of the new issue, being lor part
purchase of 1650 bales cotton.
(Sigped) H. Brjgbam.
Savannah, Nov. 30th, 1864.
[copy.]
($439,296.) On or before the first day June,
1865,1 promise to pay to the order ot Joseph
E. Brown, Governor of the State of Georgia,
with the privilege of renewal for an additional
six monthß, with interest after renewal, tbe
sum of $439,296 in Confederate Treasury notes
or in State of Georgia Treasury notes of the
new issue, being in part purchase ol 1650 bales
cotton.
(Signed) H. Brigham.
Savannah, Sept. 9th, 1865.
His Excellency, James Johnson,
Prov’l Governor of the State of Georgia :
Sir : Mr. Wilbur writes me from New
York, relative to an interview with you, on
the subject of a quantity of cotton purchased
by me from the State of Georgia in November
last, and I presume he gave you all the particu
lars of the transaction.
I will say that the purchase was made in
perfect good faith, and I expected to have
beeD ablerto place the funds in Milledgeville,
long before the notes became due, as I had
quite an amount in Columbia and in Augusta.
The occupation of the roads by the Union
army however, prevented my accomplishing
the object -as I was not permitted to Bend
funds or letters appertaining to business, to
any point outside.
I made every effort to communicate with
Governor Brown, and 6ent especially to him,
to see if I could not arrange the matter by
paying in sterling at a rate, as Confederate
money had become so nearly worthless, that
I did not desire to offer it to him, and I have
not proposed to pay in this kind of funds
Now, my position is this. After the Union
army came into Savannah, hearing not a word
from Governor Brown, or any one else, that
the trade wag not satisfactory, and finding that
the cotton was being taken away, and no
owner allowed to go near it, or to know when
and by what vessel it was taken, I made an
arrangement (as did most holders of cotton
here) with parties to follow it, and gave them
the claim to collect on certain conditions, and
they now hold my power of attorney, and have
expended some money probably. 1 also paid
some insurance and other expenses.
Had I known, that there was any hesitation
on the part of Governor Brown, or any one in
authority, in confirming the sale, I certainly
should not have taken any steps to recover
proceeds, but so far from knowings anything
about it, I became satisfied that the notes had
been received, and supposed all to be satisfac
tory, and I never heard to the contrary, until a
few days before Mr. Wilbur left for the up
country and the North.
I have thus stated my position, and 1 desire
to have a perfect understanding, and will feel
obliged if you will advise me what you desire
me to do in the matter._ I would of course not
propose to pay in Confederate money, but
would pay an amount in currency, and settle
the matter, if agreeable to yon.
The chances for recovering the cotton, or the
pay for it. are not very promising, and I re
gret that I ever made the purchase.
Hoping that yon wii! f avrr me with your
views upon this i«atte». I ir;
Tours truly,
(Sione') H Bhigiiam.
P S—ls i.«cs*Bary, I will try and come to
MiiledgeviHe, and have the above matter fixed,
although it is not convenient to leavo just
now H. B.
Milledgevili.e, Oct, 30, 1863.
His Excellency, James Johnson, Provisional
Governor :
Sir : In compliance with your request, I
have the honor to hand you, for the use of
the Convention, a statement of the cotton be
longing to tbo State, which was burnt or cap
tured by the Federal authorities, with the
time and place ol capture or destruction, to
gether with a statement of the consignments
of the cotton, and the. drafts made ou the as
sets arising horn its sale.
The State appropriated money to purchase
the cotton, and the money waa di awn from
the Treaiffiry upon Executive warrants by tbo
purchasing agents, who receipted tor 'it. It
is a well known fact that the Governor can
take no money from the Treasury. When an
appropriation is made l\y the Legislature, he
can draw his warrant in favor oi the person or
agent, entitled to receive it and the person iu
possession of the warrant draws the money,
giving his receipt for the warrant. It is equal
ly tine tl at when public money is paid into
the Treasury, or made subject to the draft of
she Treasurer, it cannot, be taken out, except
upon Executive warrant under an appropria
tion by the Legislature.
If then the money arising from the sale of
the cotton abroad had been placed at the cred
it of the Treasurer it could not have been
used for the purchase of supplies without
another act of appropriation. I therefore di
rected than the monvy be placed to my credit
as Governor of Georgia When I ceased to be
Governor, the money, if not drawn, would
have remained to the credit oi' my successor.
This I thought, safer than io have it deposited
to the credit of an agent of the State, who
might have no successor iu office which might
cause embarrassment iu drawing upon it I
make this statement in response to that part
of the resolution of the Convention, which
calls for information on this point. And 1 will
here add that all drafts upon the State’s
funds abroad, hwe tv en made in my name as
Governor of Gaoignv
The report of the General Assembly iu No
vember last showed that there had been pur
chased, on account of the State, under the ap
priations prior to the date of the report, 4048
bales of uplaud and 38-3 bales of sea island
cotton. Alter that time and prior to the Ist
of March 1865, the State agents bad purchas
ed 1961 bales more of upland. There were
also 40 bales purchased in addition to the
above number, which were ru/t paid for, ow
ing to the fact that it was found to have been
packed with bad cotton, and other materials,
or is as usually s .id false packed The own
er, after this was discovered has not, so far aa
I know, applied for payment, and thus the
matter stauus. The aggregate number of bales*
purchased is 6049 of upland, and 353 of e
island.
This cotton has been disposed of as fallows :
Shipped to Wilmington, to Geovr and
State agent, 3581 bales of upland 208 of
Sea Island. Oi this 1272 1-2 hj tg wur J ex _
ported through tho blockade, 282 1-2 bales
upon the steamer Index, uuJ “ t ' bß coulro i of
the Confederate governanc e at £4O pter]in „
per ton for freight to the H, u ,q Si iu consid
eration that the btani the Con
federacy the same d.v jj ber 0 j bates at what it
had cost her to my down ri Wilmington,
making the whn>\ e cargo „f the ve-sel 565
bales ; one h&i f or the State, aad-bulf for the
Confederacy. ThiS WQ6 consigned, by the
direction od the Confederate officer in control,
toCMrtv, H Reid & Cos., London.
Ihe Messrs. Reid acknowledged the receipt
of to' cotton, as will be seen by the annexed
QGP y of their letter, and authorized me to draw
t*Von it for £5,000. This was less than its full
value, and 1 afterwards made the two drafts
upon it which will l>o hereinafter mentioned,
which were both protested for nonpayment, I
am informed, upon the ground that they claim
to own bonds and coupons of the State, now
due, to an amount larger than the sum duo for
the cotton. I have been able to get no report
of the amount realized by them by tho Bale
of the cotton. The other 990 bales, which are
acknowledged by him as 1008 bales, were con
signed to Henry Lafono, of Liverpool, who was
one of the principal owners of the line steamers
chartered by the State upon which the cotton
was carried out. This was carried out bale for
bale, to the islands. will appear by the
statement below, Mr. Lafono lias refused to
honor a large part of tho drafts made upon
him.
The reason assigned by him is, that the
State is indebted to him upon a contract made
with Col. Lamar, who was the agent of the
State for the shipment of the cotton, for the
value of the steamer Florida, which was lost
near Charleston. I am fully satisfied how
ever, that he is neither legally nor equitably
entitled to payment cf the claim set up by
him. It is said the company lost heavily
about the time and before our armies capitu
lated, and that Mr. Lafone’s solvency is now
probably questionable.
As above stated 1,272 1-2 bales of the 3,581
shipped to Mr. Harris, were exported, and 282
1-2 bales sold to tire Confederate government.
There were burnt at Florence , S. G , about tho
15th of March last, where it had been removed
for safety, when Wilmingtr was threatened
by the enemy, 1,440 bates of upland and 205
of sea island, by order of Lieut. Coi. Williams,
the Confederat e officer in command under the
circumstances detailed by Messis. Wirz and
Anderson on the State trains
ia their affidavits hereunto annexed.
Three hundred and sixty one bales were
turned over to Mr. L. G. Bowers in payment
of £1,675 10 shillings, due the steamers for
freight on inner cargoes, leaving in the hands
of Mr. Harris, from the best information I
have, 225 bales of upland, and 8 of sea island
when the city fell. Os this, I am informed
about 193 bales were burned by our troops at
the time of tho evacuation of Wilmington; and
32 were taken by the Federal authorities. Ab
Mr. Harris's report has not yet reached me, 1
speak from information which I believe to be
reliable ; the report is expected by every ex
press. |
There were purchased by the agent of Sa
vannah, 451 bales upland cotton, which he re
ports disposed of as follows ; exported from,
the cost of Georgia on different small vessels
189 bales, of which 58 were lost at sea, thirty
seven were burned on the Atlantic & Gulf R.
R. in April 1864.
Three were stolen from the warehouse, and
four were destroyed by becoming wet on board
a small vessel at Savannah, while the vesseL
was detained by the Confederate authorities,,
who refused to let her h-aave the port. Ninety
four bales were sold to Mr. Brigham in the lot
of 1650 bales of which your Excellency has a
statement Captured by the Federal authori
ties at Savannah when Gen Sherman entered
the city 124, for which warehouse receipts was
returned with agent’s report submitted to the
General Assembly in November last. This
accounts for the whole number of 451 bales.
There were also 96 ba'es of the Sea Island cot
ton above mentioned in charge of the same
agent which he retained in lieu of 168 upland
cotton under his caatrol in Macon un<J Griffin,
belonging to the Home arid Insurance compa
ny, and others which were taken by the agent
of the State road, and shipped for sale whiie
the road was purchasing an i shipping for that
purpose, and had not been paid for when the
Federal army intervened.
This 96 bales was, however, captured aud
carried away by the Federal authorities.
There were in possession of C. A L Lamar,
agent of the Stake for exportation, 892 bales of
upland, and 79 of Sea Inland at Savannah. Os
this 832 bales of upland aie included in the
1650 bales sold to Mr Brigham by Col. Wilbur
which Col Lamar’s agent reported to Col. Wil
bur as in danger of capture when GelT. Sher
man was advancing. The other 60 bales of
upland aud the 79 of Sea Island were stored
with Mr. Lamar’s cotton, and was, lam in
formed, carried away by the Fodarai authori
ties. In this connection I think it proper that
in mention that Col. Lamar was not then in
Savannah, never was after that time. He waa
killed in battle at Columbus in April last. He
had made no written report to ms prior to the
sudden termination of his life, which has
caused some imbarassment in getting all the
facts necessary for a correct report, and may
■be the cause of some slight inconvenience. It
is believed, however, that uiy abatement is
substantially correct.
Os the remainder of the cotton. 617 bales