Chronicle & sentinel. (Augusta, Ga.) 1864-1866, November 08, 1865, Image 2

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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