JOURNAL
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OF THE
HOUSE OF REPRESENTATIVES
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f¥ GEORGIA,
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EXTRA S352SJSXOEST
GENERAL M^pHBLY,
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Convened under the Proclamation of* (he Governor,
March 10th, 1854.
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BOUGHTON, NISBET, BARNES &, MOORE, Statb Printers, .
MIIXEDGEVILLE, OA,
1864.
EMORY UNIVERSITY
LIBRARY
JOURNAL
OF THE
BOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA.
THURSDAY, March 10th, 1S64.
An Extra Session of the General Assembly, of the State
of Georgia was begun and holden at the State House, in
the city of Milledgeville, in the County of Baldwin, on tl\e
10th day of March, in the year of our Lord eighteen hun¬
dred and sixty-four, and of the Independence of the Confed¬
erate States of America the fourth, under the following
Proclamation of His Excellency the Governor, to-wit:
A PROCLAMATION.
By Joseph E. Brown,
Governor of Georgia.
To the Officers and Members of the General Assembly:
As in my opinion, the public exigencies require that the
Oeneral Assembly, convene at an earlier day than that fixed
by Law for your meeting, I issue this my Proclamation,
requiring you and each of you, to assemble in your respec¬
tive Halls in the Capitol, at Milledgeville, on Thursday,
.the 10th day of March next, at 10 o'clock, A.M.
Given under my hand and the Great Seal of the State,
at the Capitol, in the city of Milledgeville, this the 27th
day of February, in the year of our Lord, 1864.
By the Governor,
JOSEPH E. BROWN.
N. C. Barnett,
Secretary of State.
The House of Representatives, was opened with prayer,
by the' Rev. Dr. Manson.
The Clerk proceeded to call the roll, when it appeared
that there was a quorum present."
The following members elect from their respective coun¬
ties appeared, produced their credentials, and having taken
4 JOURNAL OF THE HOUSE,
the Oath prescribed by the C (institution, took their seats,,
to-wit:
From the county of Terrell—the Hon. Daniel Lawhon*
From the connty of Gwinnett1—the Hon. A dan Robin¬
son.
From the county of Telfair—the Hon. S. Burch.
On motion of Mr. Wright of Coweta, the Clerk was direc¬
ted to inform the Senate, that the House of Representa¬
tives is now organized and ready to proceed to business.
Mr. Johnson of Mcintosh, offered 'the following Resolu¬
tion, which on motion, was taken up and adopted, to-wit t
Resolved, That Editors an'd Reporters, be invited to seats
upon the floor of the Housel
Mr. Gartrell of Cobb, offered the following1 Resolution,,
which on motion, was taken up Eind adopted:
Resolved, That this House will be governed in its deliber¬
ations by the rules of its last Session.
The following Message was received from the Senate, by
Mr. Styles, their Secretary pro tem.
Mr. Speaker: I am directed by the Senate, to inform the
House of Representatives^ that there is a quorum present,
and are ready to proceed to business, having elected Cary
W. Styles of Ware county, their Secretary pro tem.
' Mr. Wright of Coweta, offered the following Resolution,,
which was taken up, read and adopted, to-wit:
Resolved, That a Committee of three, be appointed by
the Speaker, to join a similar Committee, to be appointed
by the Senate, to inform His Excellency the Governor, that
the General Assembly, has convened in obedience to his
Proclamation, and is now ready to receive any communica¬
tion he may think proper to make.
The Committee appointed under said Resolution, are
Messrs. Wright, Selman and Hooper.
The following Message Was received from the Senate, by
Mr. Styles, their Secretary:
Mr. Speaker: The Senate has appointed Messrs. Speer,
Guerry and West, a Committee to join a similar Commit¬
tee, on part of the House, to wait upon His Excellency the
Governor, and inform him of the organization of both
branches of the General Assembly, and their readiness to
receive any communication he may desire to make to them
—and I am instructed to inform the House of Representa¬
tives, of the same.
Mr. Wright, from the committee appointed to wait upon
His Exoellency the Governor, and inform him that the Gen¬
eral Assembly has convened, and is ready to receive any
communication he may think proper to make—reported
that the committee had discharged that duty, and was in¬
formed by the Governor, that he would communicate to-
the General Assembly, in a few minutes.
rHuRSi/AY, MARCH IOtii, 1S64. 5
The following Message was received from His Excellency
the Governor, by Mr. Campbell, his Secretary, to-wit:
Mr. Speaker: I am directed by the Governor, to deliver
to the House of Representatives, a Message in writing.
On motion, the Message of His Excellency the Governor,
was taken .up and read, and is as follows :
MESSAGE.
EXECUTIVE DEPARTMENT, >
Milledgeville, Ga., March 10th 1864. >
To the Senate and House of Representatives :
The patriotic zeal exhibited by you at your late session,
forthepromotion of the interestand protection of the liberties
of the country, and the personal kindness and official cour¬
tesy which I received at your hands, and for which I renew
my thanks, have satisfied ine that laying aside all past par¬
ty names, issues, and strifes, your object, as legislators is to
discharge faithfully your official duties, and to sacrifice all
private interests and personal preferences, to the public
good. In view of these considerations, I feel that I can re¬
ly upon your counsels as a tower of strength in time of
darkness and gloom. I have therefore convened you that I
may have the benefit of your advice and assistance, at this
critical juncture in our State and Confederate affairs.
transportation of corn to indigent soldiers families.
Since your adjournment experience has shown that it is
not possible without assistance from the State, which will
require further legislation, for the agents of the counties
where there is great scarcity of provisions, to secure trans¬
portation for the corn purchased in South Western and Mid¬
dle Georgia, to the places where it is needed. To meet
this difficulty, I respectfully recommend the passage of a
law, authorizing the Quarter-MSister General of this State;
or such other officer as the Governor may from time to
. time designate, under the order of the Governor, to take pos¬
session of and control any of the Rail Roads in the State,
with their rolling stock, or any other available conveyance,
and require that corn or other.provisions, for the needy or
for the county agents for soldiers families, be transported in
preference to all other articles or things ; except the troops,
and the supplies necessary for the support of the armies of
the Confederate States, and that the act provide for the
payment of just compensation, for the use of such means of
transportation, while in possession of the authorized offi¬
cers of this State—the compensation to be paid out of the
. money already appropriated as a relief fund, by the agents
6
JOURNAL OF TfrL IIuuOI^
or persons at whose request tile transportation may be fur¬
nished.
Experience has also proved that the counties of North -ka8"
tern Georgia most remote from the Railroad cannot obtain
sufficient means of transportation to carry the corn from tne
Rail Road to the place of consumption. The scarcity ot
teams is owing to the fact that their horses have been
taken for cavalry service, and their oxen have been im¬
pressed for beef for the army. Finding that there Xvas
likely to be much suffering in that section for bread lor
soldiers'families, I ordered the energetic Quartei Master
General of the State, to purchase tearhs and wagons by
drafts upon the military fund, and aid those most destitute,
and most remote from the Rail Road in the transportation
of the corn. If this action is approved by the Legislature,
as I trust it will be* the teams now about ready for use,
can be employed in this service for a portion of the year.
If not approved they will at any time command more in
the market than they cost the State, if not needed for mili¬
tary uses.
RELIEF FUND FOR SOLDIERS' FAMILIES.
I am satisfied that the indigent families of soldiers, in
many of the counties of this State, are not receiving the
benefits to which they are entitled, on account of the neg¬
lect or mismanagement of the Inferior Courts. Six millions
of dollars have been appropriated for this purppse, for the
present year, wThich if properly applied, is sufficient to pre¬
vent any actual suffering. Complaints come constantly
that adequate provisions are not made for tl.e needy* In
piany cases, I have no doubt, these complaints ar* well,
founded. As evidence of the neglect of part of the Courts,
it may be proper to state, that great as the destitution is
among those entitled to the fund, the amoant due for the
last quarter of last year, has not in some cases been appli¬
ed for. Some courts have not yet sent in their reports of
the number entitled for the present year; so as to enable
me to have the calculation made; and the amount due each
county ascertained; while many of the counties have made
no application for any part of the fund appropriated for this*
year.
While the Governor has power, to require the courts to-
make reports, of the disposition made of the fund, in cases
where he suspects it is being improperly applied; and ta
withhold payments to the courts in such cases; he has no
power to compel the courts to do their duty, nor can he
take the fund from them and appoint any other person or
agent to distribute it among those for whom it is intended
If the courts fail to act, the law makes no other provision
for the distribution of the fund. Unless some better plan
is adopted, I am satisfied the objects of the Legislature,
THUKSlTArT MARCH 10TH, 1864.
7
l)e very imperfectly carried out, in many ot the counties;
and the needy will not receive the benefits of the liberal
provision made for them, by the appropriation. As it may
be necessary to provide for the appointment of active reli¬
able agents in the counties, to assist the courts, or to take
charge of the fund in case of neglect, or mismanagement
by them; I respectfully suggest that provision should be
made for commissioning all such, as officers of this State, so
as to protect them against conscription. It will be im¬
possible to relieve the needy, if our most valuable county
agents, are taken from the discharge of their important du¬
ties by the enrolling officers of the Confederacy.
Provision should also be made for the removal from of¬
fice, of all Justices of the Inferior Courts, who neglect or
refuse to discharge their duties promptly and faithfully.
COTTON PLANTING.
Having on former occasions, brought the question of far¬
ther restriction of Cotton planting to the attention of the
General Assembly, I feel a delicacy in again recurring to
that subject. The present prices of provisions, and the
great importance of securing a continued supply of the ne¬
cessaries of life, are my excuse for again earnestly recom¬
mending, that the law be so changed, as to make it highly
penal, for any person to plant or cultivate in Cotton, more
than one quarter of an acre to the hand, till the end of the
war.
This additional restraint is not necessary, to control the
conduct of the more liberal and patriotic portion of our peo¬
ple; but there are those, who for the purpose of making a,
little more money, will plant the last seed allowed by law/
without stopping to enquire, whether they thereby, endan¬
ger the liberties of the people, and the independence of the
Confederacy.
To control the conduct of this class of persons, and to the
extent of our ability to provide against t^e possible contin¬
gency of a failure of supplies in future, I feel it to be an
imperative duty, again to urge upon your consideration, the
importance of the legislation above recommended.
ILLEGAL DISTILLATION.
I beg leave again to call the attention of the General As¬
sembly, to the illegal distillation of grain into spirituous li¬
quors. So great are> the profits realized by those engaged
in this business, that the law is evaded, in every way that
ingenuity can devise; and I am satisfied that the evil ctan not
be effectually suppressed without farther and more string¬
ent legislation. Some ©f the Judges have ruled, that the
act passed at your last Session, does not give them author¬
ity to draw and compel the attendance of a jury, out of the
regular term time of the Court, to try the question of nuis-
'8 JOURNAL OF THE HOUSE,
ance; while some public officers have shown no disp0
to act, for fear of incurring the ill-will of persons ol w
and influence, who are engaged in the daily violation
law. . ,
Distillers in some parts of the State, are paying e
lars per bushel for Corn to convert into Whiskey; wmie
soldiers' families, and other poor persons are suffering lor
brc&d*
I renew the expression of my .firm conviction, that the
evil can only be effectually suppressed by the seizure ot the
stills. We now need copper for the use of the State Road,
and for. military uses, apd I earnestly request, that an act
be passed, authorizing the Governor, to impress all the
stills, in the State, which he has reasonable ground to sus¬
pect have been used in violation of the law; and convert
them into such material, for the Road, and implements of
war, as the State may need; and that he be authorized to
use all the military force necessary to accomplish the ob¬
ject; and that provision be made for paying the owner just
compensation.for such sti-lls when seized. I also recom¬
mend that provision be made for annulling the commission
of any civil, or military officer of this State, who fails to
exercise vigilance, and to discharge his duty faithfully, in
the execution of the law against illegal distillation.
IMPRESSMENT OF PROVISIONS.
Since your last Session, experience has proven, that from
distrust of the currency or from other cause, many planters
have refused to sell corn, or other provisions, not necessary
for their own use, to State or county agents, for the market
price when offered, while soldiers' families have been suffer¬
ing for provisions.
1 recommend the enactment of a law. authorizing State of¬
ficers, under the direction of the Governor, to make impress¬
ments of provisions in all such cases, and providing for the
payment of just compensation to the owners of the property
impressed.
SLAVES ESCAPING TO THE ENEMY.
The official reports of Federal officers, are said to show
that the enemy now has 50,000 of our slaves employed
against us. If these 50,000 able bodied negroes, had been
carried into the interior by their owners, when the.enemy
approached the locality, where they were employed- and
put to work, clearing land and making provisions' we
should to-day have been 50,000 stronger and the enemy that
much weaker, making a difference of 100,000 in the prespnt
relative strength of the parties to the struggle. Whpn
negro tran worth $1,000 upon the gold basis, escapes to tvT
anemy, that sum of the aggregate wealth of the State n
'which she should receive taxes is lost,—one laborer
rshould be employed in the production of provisions ig j °
THURSDAY, MARCH 10TH, 1S64.
9
lost, while one laborer, or one more armed man, is added to
the strength of the enemy.
It is therefore unjustifiable and unpatriotic, for the owner
to keep his negroes, within such distance of the enemyrs
lines as to make it easy for them to escape. This should
not be permitted; and to prevent it in future, such laws
should be enacted, as may be necessaiy to compel their re¬
moval by the owner in such case or to provide for their for¬
feiture to the State.
No man has a right to so use his own property, so as to
weaken our strength, diminish our provision supply; and
add recruits to the army of the enemy.
DESERTION OF OUR CAUSE BY REMOVALS WITHIN THE EN¬
EMY'S LINE.
I am informed that a number of persons in the portion of
our State, adjoining to East Tennessee, have lately removed
with their families within the lines of the enemy; and carri¬
ed with them their movable property. Those persons have
never been loyal to the cause of the South; and they now
avail themselves of the earliest opportunity to uuite with
the enemies of theirState.
I recommend the enactment of a law, providing for the
confiscation of the property of all such persons; and that all
such property be sold, and the proceeds of the sale, applied
to the payment of damages, done to loyal citizens of the
same section; whose property has been destroyed, by raids
of the enemy, or by armed bands of tones.
I am also informed, that some disloyal persons in that sec¬
tion, have deserted from out armies; or avoiding servicevhave
left their families behind, and gone over to the enemy, and
are now under arms egainst us. I am happy to learn that
the number of such persons is very small. I recommend
the confiscation of the property of this class of persons also,
and in case they have left families behind, that are a charge
to the county, that no part of the relief fund be allowed
them; but that they be carried to the enemy's lines, and,
turned over to those in whose cause their husbands now
serve.
I also recommend the enactment of such laws, as shall for¬
ever disfranchise and dccitizcnize all persons of both classes,
should they attempt to return to this State.
THE CURRENCY.
The late action of the Congress of the Confederate
States upon the subject of* the currency has rendered fur¬
ther legislation necessary in this State upon that question.
It can not be denied that this act has seriously embar¬
rassed the financial system of this State, and has shaken
the confidence of our people in either the justice of the late
Congress or its competency to manage our financial affairs.
10 JOURNAL OF THE HOUSE,
Probably the history of the past furnishes few more s ^
ing instances of unsound policy combined with bad '' and
The Government issues its Treasury note for $1 '
binds itself two years after a treaty of peace, betvj^ eal-_
Confederate States and the United States, to pay 11
er that sum ; and stipulates upon the face of the n°-^
it is fundable in Confederate States stocks or bond*, aim
receivable in payment of all p.ublic dues except exP _
ties. The Congress-while the war is still progressing, pas-
ses a statute that this bill shall be funded in a ou or y ays
or one third of it shall be repudiated, and that a tax of ten
per cent a month shall be p^id for it after that time by the
holder, and it shall no longer be receivable in payment of
public dues, and if it is not funded by the 1st of January next,
the whole debt is repudiated* Did the holder take the
note, with any such expectation? Was this the contract^
and is this the way the government is to keep its faith ?
If we get rid of the old issues in this way, what guaranty
do we give for better faith, in the redemption of the next
issues ? Again, many ©f the notes have the express prom¬
ise on their face, that they shall be funded in eight per cent
bonds. When ? The plain import is, and so understood by
all at the time, of their issue, that it may be done at any
time before the day fixed .on the face of the note for its
payment. With what semblance of good faith then, (Joes
the government before that time, compel the holder, to re¬
ceive a four per cent bond, or lose the whole debt ? and
what better is this than repudiation ? When was it ever
before attempted by any government, to compel the fund¬
ing of almost the entire paper currency of a country,,
amounting to seven or eight hundred millions of dollars in
forty days ? This is certainly a new chapter in financiering.
■ The courtry expected the imposition of a heavy tax, and
all patriotic citizens were prepared to pay it cheerfully at*
any reasonable sacrifice; but Repudiation and bad faith
were not expected, and £he authors of it cannot be held
guiltless.
The expiring Congress took the precaution to discuss thi&
measure in secret session ; so that the individual act of the
representative could not reach his constituents, and none
could be annoyed during its consideration by the murmurs
of public disapprobation being echoed back into the Legis¬
lative Hall. And to make assurance doubly sure, they
fixed the day for the assembling of their successors, at a
lime too late, to remedy the evil, or afford adequate re¬
dress for the wrong.
These secret sessions of Congress are becoming a blighthjo-
curse to the country. They are used as a convenient mode
of covering up from the people,.such actjs or expressions of
their representatives as will not bear investigation in t^e
THURSDAY, MARCH 10th, 1864.
11
the light of day . Almost every act of usurpation of pow¬
er, or of bad faith, lias been conceived, brought forth and
nurtured, in secret, session. If I mistake not the British
Parliament never discussed a single measure in secret session
during the whole period of the , Crimean War. But if it is
necessary to discuss a few important military measures,
such as may relate to the movement of armies, &c., in se¬
cret session, it does not follow that discussions of questions
pertaining to the currency, the suspension of the writ of
Habeas Corpus, and the like, should all be conducted in se¬
cret session. The people should require all such measures
to be discussed with open doors, and the press should have
the liberty *of reporting and freely criticising the acts of
our public servants. In this way the reflection of the
popular will back upon the reprentative, would generally
cause the defeat of such unsound measures, as those which
are now fastened upon the country in defiance of the will
of the people.
But dismissing the past and looking to the future, the in¬
quiry presented for our consideration is, how shall the State ,
authorities act in the management of the finances of the
State? As the Confederate States Treasury notes consti¬
tute the currency of the country, the State has been obliged
to receive aud pay them out; and she must continue to do-
so, as long as they remain the only circulating medium.
The present Legislature has very wisely adopted the poli¬
cy, in the present depreciated condition of the currency, of
collecting by taxation a sufficient sum in currency, to pay
the current appropriations of the State Government; in¬
stead of adding them to the debt of the State to be paid in
future upon the gold basis. If the State issues her own
bonds and puts them upon the maiket, or if she issues her
own Treasury notes redeemable at a future day in her
bonds, she adds the amount so issued to her permanent in¬
debtedness ; and'defeats the policy of paying as she goes ;
as her own bonds or notes, would then be out, and could
not be redeemed with the Confederate notes when received
into her Treasury
If the'State receives in payment of taxes the present
Confederate Treasury notes, they will be reduced in amount
one third by act of Congress, after 1st April next, and the
State receiving them at par pays a Confederate Tax of
33£ per cent upon all monies that pass through her Treasu¬
ry. This of course can not be submitted to.
The repudiation policy of Congress, seems therefore to
have left us but one alternative ; and that is to receive and
pay out only such issues of Confederate notes, as under the
acts of Congress pass at par, without the deduction of
33£ or any other per cent. But as we are obliged to have
funds before the time when the new issues of Confederate,
12 JOURNAL OF THE HOUSE,
notes can go into circulation, the question presented ^
how shall we supply the Treasury in the mean ir]i ' asu_
my judgment the proper plan will be to issue State
ry notes, payable on the 25th day of December nex „ , .
Treasury, and in each of the iflore important cities
State in Confederate Treasury notes, of such issue y
lie made after 1st April next, to be used as circulating me¬
dium. This enables the State to anticipate the new 1S®U »
and use them in advance of their circulation 3 on e e
rate authority. The new , Georgia Treasury notes of this
issue, would J>e just as^good, as the new issue of Confede¬
rate notes; because payable in them, and would be as cur¬
rent in payment of debts. The act should provide that all
taxes hereafter due the State for this year, shall be payable
in the Confederate Treasury notes of the new issue, and
that they shall be deposited in the Treasury, when collec¬
ted, to redeem the State notes payable in them. The act
should also provide that the State notes shall be returned
and the Confederate notes received in place of them with¬
in three months after they are due, or that the State will
no longer be liable for their payment. This would pre¬
vent holders from laying them away, and refusing to bring
them in for payment when due, according to the terms of
the contract. As the State tax is not due till next fall,
there will be an abundant supply of the new Confederate
notes in circulation by that time, to obviate all difficulty in
obtaining them by our people to pay the tax.
I recommend the passage of a joint resolution, authoriz¬
ing the Governor to have Funded in the six per cent bonds,
provided for by the act of Congress', all Confederate notes,
which may remain in the Treasury ; or may be in the
hands of any of the financial agents of *the State ; after the
first day of April next; and to sell and dispose of such
bonds at their market value in curren«37, which can be
made available in payments to be made by the Treasury;
and to credit the Treasurer with any losses that may ac¬
crue by reason of the failure of the bonds to bring par in
the market.
orphans' estates. J
On account of the present depreciated value of the Con¬
federate securities I recommend the repeal of.the law which
authorizes Executors, Administrators and Trustees to in¬
vest the funds of those whom they represent in these secu¬
rities. As the law stands it enables unscrupulous fiduciary
agents, to perpetrate frauds upon innocent orphans and
other helpless persons represented by them ; and in effort
-compels orphans and those represented by. trustees to in-
Test their whole estates, in government bonds, which t»a
other class is required to do.
THURSDAY, MARCH IOTII, 1S64. 13
FURLOUGHS REFUSED.
On the 27th of February, when I issued my Proclama¬
tion, calling you into extra session, I telegraphed the Sec¬
retary of War ; and asked thatfurloughs begranted,to mem¬
bers in military service, to attend the session ; and received
a reply stating that it had " been concluded not to grant fur¬
loughs to attend the session", that, " officers so situated are
entitled to resign and may so elect". ,
I regret this determination of the Confederate govern¬
ment ; as it places our gallant officers, who have been elec¬
ted by the people to represent them, and to whom, as well
as their predecessors similarly situated, furloughs were nev¬
er before denied, in a position where it costs them their
commissions to attempt to discharge their duties, as Repre¬
sentatives of the people.
THE NEW MILITIA ORGANIZATION AND CONSCRIPTION.
Since your adjournment in December, the Adjutant and
Inspector General, under my direction, has done all in his
power to press forvvard the organization of the Militia of
the State, in conformity to the act passed for that purpose;
and I have the pleasure to state, that the enrollments are
generally made ; except in a few localities, where proximi¬
ty to the enemy has prevented it; and the organizations will
soon be completed.
At this stage in our proceedings, \xe are met with formi¬
dable obstacles ; thrown in our way, by the late act of Con¬
gress ; which subjects those between 17 and 50, to enroll¬
ment as Conscripts, for Confederate service. This act -of
Congress proposes to take from the State, as was done on a
former occasion, her entire military force, who belong to the
active list, and to leave her without a force in the different
counties sufficient' to execute her laws or suppress servile
insurrection.
Our Supreme Court has ruled, that the Confederate gov¬
ernment, has the power to raise armies by Conscription ;
but it has not decided, that it also has the power, to enroll
the whole population of the State, who remain at home, so
as to place the whole people, under the military control of
the Confederate government; and thereby, take from the
States all command over their own citizens, to execute their
own laws; and place the internal police regulations of the
States, in the hands of the President. It is one thing to
" raise armies", and another, and quite a different thing, to
' put the whole population at home under military law, and
compel every man to obtain a military detail, upon such
terms as the central government may dictate, and to carry a
military pass in his pocket, while he cultivates his farm, or
attends to his other necessary avocations at home.
Neither a planter nor an overseer engaged upon the farm,
nor a blacksmith making agricultural implements, nor a mil-
14 JOURNAL OF THE HOUSE,
ier grinding for the people at home, belongs to, or consti¬
tutes any part of the armies of the Confederacy; and there is
not the shadow of Constitutional power, vested in the Con¬
federate gpvernment, for conscribing, and putting these
classes, and others engaged in home pursuits, under milita¬
ry rule, while they remain at home, to discharge these du¬
ties. If Conscription were Constitutional, as a means of
raising armies by the Confederate government, it could not
be Constitutional to conscribe those not actually needed, and
to be employed in the army ; and the Constitutional power to
"raise armies",could never carry with it,thepower in Congress
to conscribe the whole people; who are not needed for the ar*
mies ; but are left at home, because more useful there ; and
place them uader military government, and compel them to
get military details to plough in their fields, shoe their farm
horses, or go to mill.
Coqscription carried to this extent, is the essence of mili¬
tary despotism ; placing all civil rights, jn a state of subor¬
dination to military power; and putting the personal free¬
dom of each individual in civil life, at the will of the chief
of the military power. But it may be said that Conscrip¬
tion may act upon one class as legally as another: and that
all classes are equally subject to it. This is undoubtedly
truf. II the government has a right to conscribe at all, it
has a right to conscribe persons of all classes, till it has rais¬
ed enough to supply its armies. But it has no right to go
farther and conscribe all, who are by its own consent to re¬
main at home, to make supplies. If it considers supplies ne¬
cessary, somebody must make them ; and those, who do it,
being no part of the army, should be exempt Irom Conscrip¬
tion, and the annoyance of military dictation, while engaged
in civil, and not military pursuits.-
If all between 17 and 50 arc to be enrolled and placed in
constant military service, we must conquer the enemy while
we are consuming our present crop of provisions, or we are
ruined; as it will be impossible for the old men over 50, and
the boys under 17, to make supplies enough, to feed our ar¬
mies and people, another year. I think every practical man
in the Confederacy who'knows anything about our agricul¬
tural interests, and resources, will readily admit this.
If, on the other hand, it is not the intention to put those
between 17 and 18, and between 45 and 50, into service, as
soldiers, but to leave them at home to produce supplies, and
occasionally to do police and other duties, within the State,
which properly belong to the Militia of a State ; or in other
words, if it is the intention simply to take the control of
them from the State, so as to deprive her of all power, and
leave her without sufficient'^force to execute her own laws,
or suppress servile insurrection; and place the whole Militia
of the State, not needed for constant semce ia the Confed-
THURSDAY, MARCH 10th, 1864. 15
erate armies, under the control of the President, while en¬
gaged in their civil pursuits, the act is unconstitutional and
oppressive, and ought not to be executed.
If the act is executed in this State, it deprives her of her
whole active Militia, as Congress has so shaped it as to in¬
clude the identical persons embraced in the act passed at
your late session; and to transfer the control of them all from
the State to the Confederate government.
The State has already enrolled these persons under the
solemn act of her Legislature, for her own defense, and it is
a question for you.to determine, whether the necessities of
the State ; her sovereignty and dignity, and justice to those
who are to be afiected by the act, do not forbid, that she
should permit her organization to be broken up, and her
means of self-preservation to be taken out of her hands. If
this is done, what will be our condition ? I prefer to answer
by adopting the language of the present able and patriotic
Governor of Virginia: "A sovereign State without a sol¬
dier, and without the dignity of strength—stripped of all
her men, and with only the form and pageantry of power—
would indeed, be nothing more than a wretched dependen¬
cy, to which I should grieve to see our proud old Common¬
wealth reduced".
I may be reminded that the enemy hrs three times as
many white men, able to bear arms, as we have, and that it is
necessary to take all between the ages above mentioned, or
we cannot keep as many men in the field as he does.
If the result depended upon our ability to do this, we
must necessarily fail. But, fortunately for us, this is not
the case. While tfiey have the advantage in numbers, we
have other advantages, which, if properly improved, they
can never overcome. We are the invaded party, in the
right, struggling for all we have; and for all that we expect
our posterity to inherit. .This gives us great moral advan¬
tage, over a more powerful enemy ; who, as the invaders,
are in the wrong ; and are fighting for conquest and power.
We have the inner and shorter lines of defense; while they
have the longer and much more difficult ones. For ib-
stance, if we desire to reinforce Dalton, from Wilmington,
Charleston, Savannah, and'Mobile, or to reinforce either of
those points, from Dalton, we can do so by throwing troops
rapidly over a short line from one point to the other. If the
enemy wishes to reinforce Charleston or Chattanooga, from
Washington or New Orleans, he must throw his troops a
long distance around, almost upon the circumference of a
circle; while we meet them with our reinforcements, by
throwing them across the diameter of a semi-circle. This
difference in our favor, is as great as four to one, and enables
us, if our troops are properly handled, to repel their assaults,
with little more than one-fourth their number.
16
JOURNAL OF THE HOUSE,
In consideration of these, and numerous other adv.in *
which an invaded people, united and determined to he »
always has ; it is not wise policy for us to undertake to I
in the field as large a number as the enemy has. ,
It is the duty of those in authority, in a country
in a war, which calls for all the resources at command,
consider well, what proportion of the whole population, can
safely be kept under arms. In our present condition, sur
rounded by the enemy, and our ports blockaded, so a, we
can place but little dependence, upon foreign supplies, we
are obliged to keep a sufficient number of men m the agricul¬
tural fields, to make supplies for our troops under arms, and
their families at home, or we must ultimately fail.
The policy which would compel all our men to go to the
Military field, and leave our f'aihns uncultivated, and our
workshops vacant, would be the most fatal afnd unwise that
could be adopted. In that case, the enemy need only avoid
battle, and continue the war, till we consume the supplies
now on hand, and we would be completely, in their power.
There is a certain proportion of a people in our condi¬
tion, who can remain under arms, and the balance of the
population at home can support them. So long as that
proportion has not been reached, more may safely be taken ;
but when it is reached, every man taken from the field of
production, and placed as a consumer in the military field
makes us that much weaker ; and if we go far beyond the
proportion, failure and ruin are inevitable ; as the army must
soon disband, when it can no longer be supplied with the
necessaries of life. There is reason to fear, that those in au¬
thority haye not made safe calculations ypon this point, and
that they do not fully appreciate the incalculable impor¬
tance, of the agricultural interests, in this struggle.
We are able to keep constantly under arms two hundred
thousand effective men, arid vto support and.maintain that
force by our own resources and productions, for twenty
years to come. No power nor State can ever be conquered
so long as it can maintain that number of good "troops. If
the enemy should bring a million against us, let us remem-
'ber, that there is such a thing as whipping the fight with¬
out fighting it, and avoiding pitched battles and unnecessa¬
ry collisions; let us give this vast force time to melt away
under the heat of summer and the snows of winter ; as did
Xeixes army in%Greece and Napoleon's in Russia, and the
enemy's resources and strength will exhaust when so prod¬
igally used, much more rapidly than ours, when properly
economised. In properly economising our streno-th and
husbanding our resources, lie our best hope of success
Instead of making constant new drafts upon the a&riVnT
tural and mechanical labor of the country, for recr >f
the army, to swell our numbers beyond our present muster
THURSDAY, MARCH 10th, 1864. 17
rolls, which must prove our ruin, if our provisions fail, I
respectfully submit that it would be wiser to put the troops
into the army, and leave men enough at home to support
them. In other words, compel the thousands of young offi¬
cers in gold lace and brass buttons, who are constantly
seen crowding our railroads ana hotels, many of whom can
seldom be found at their posts ; and the thousands of strag¬
gling soldiers who are absent without leave, or, by the
favoritism of officers, whose names are on the pay rolls, and
who are not producers at homo, to remain at their places in
the army. This is justice alike to the country, to the tax
payers, to the gallant officers who stand firmly at the post
of duty, and the gallant soldiers who seldom or never get
furloughs, but are always in the thickest of the fight. When
they are enduring and suffering so much, why should the
'favorites of power and those of their comrades who seek to
avoid duty and danger, be countenanced or tolerated at
Lome, while their names stand upon the muster rolls'?
If all who are able for duty, and who are now" nominally
in service drawing pay from the Government, are compell¬
ed to do their duty faithfully, there will be no need of com¬
pelling men over -1-3 to leave their homes, or of disbanding
• i • • 1 "ll u
the State militia to place more men under the President's,
control. •
CONFLICT WITII THE CONFEDERATE GOVERNMENT,
But it may be said that an attempt to maintain the rights
of the State" will produce conflict, with the Confederate
Government. I am aware that there are those who, from
motives not necessary to be here mentioned, are ever ready
to raise the cry of conflict, and to criticise and condemn-the
action of Georgia, in every case where her constituted au¬
thorities protest against the encroachments of the central
' power, and seek to maintain her dignity and sovereignty as
a State, and the constitutional rights and liberties of her
people.
Those who are unfriendly to State sovereignty and desire
to consolidate all power in the hands of the Confederate
Government, hoping to promote their undertaking by ope¬
rating upon the fears of the timid, after each new aggres¬
sion upon the constitutional rights of the States, fill the
newspaper presses with the cry or conflict, and warn th'e
people to beware of those who seek to maintain their cor.-'
stitutional rights, as agitators or partisans who may embar¬
rass the Confederate Government in the prosecution of tie
war.
Let not the people be deceived by this false clamor. It
is the same cry of conflict which the Lincoln government
raised against all who defended the rights of the Southern
States against its tyranny. It is the cry which the usur¬
pers of power have ever raised against those who rebuke
2
18 JOURNAL OF THE HOUSE,
their encroachments and refuse to yield to their agores
>sionSi ^ , Govern-^
When did Georgia embarrass the Confederate ^
ment in any matter pertaining to the vigorous Pr° r
•of the war? When did she fail to furnish more tnd ler
full quota of troops, when she was called upon as a ^Tate
by the proper Confederate authority ? And when did her
gallant sons ever quail before the enemy, or fai no y o
illustrate her character upon the battle field ?
She can not only repel the attacks of her enemies on the
field of deadly conflict, but she can as proudly repel the
assaults of those who, ready to bend the knee to power for
position and patronage, set themselves up to criticise her
.conduct, and she can confidently challenge them to point to
a single instance in which she has failed to fill a requisition
for troops made upon her through the regular constitution¬
al channel. To the very last requisition made she respon¬
ded with over double the number required.
She stands ready at all times to do her whole duty to the
cause and to the Confederacy, but while she does this, she
will never cease to require that her constitutional rights be
respected and the liberties of her people preserved.
While she deprecates all conflict with the Confederate Gov-
- -ernment, if to require these be conflict, the conflict will never
end till the object is attained.
"For freedom's battle once begun,
Beqneath'd by bleeding aire to son,
Though baffled oft is ever won,"
■
"will be emblazoned in letters of living light upon her proud
banners, until State sovereignty and constitutional liberty,
as well as Confederate independence, are firmly established.
SUSPENSION OF THE HABEAS CORPUS.
I cannot withhold the expression of the deep mortifica¬
tion I feel at the late action of Congress in attempting'to
suspend the privilege of* the writ of Habeas Corpus, and to
•confer upon the President powers expressly denied to him
by the Constitution of the Confederate States. Under pre¬
text of a necessity which our whole people know does not
exist in this case, whatever may have been the motives, our
Congress with the assent and at the request of the Execu¬
tive, has struck a fell blow at the liberties of the people of
these States.
The Constitution of the Confederate States declares that
"The privilege of the writ of habeas corpus shall not be sus¬
pended, unless when in cases of rebellion or invasion the
public safety may require it." The power to suspend the
habeas corpus at all is derived, not from express and dirert
delegation, but' from implication only, and an irnnlicaHnn
can never be raised in opposition to an express restrict
In case of any conflict between the two, an implied po °n*
THURSDAY, MARCH 10th, 1864. 19
must always yield to express restrictions upon its exercise.
The power to suspend, the privilege of the writ of habeas
cores'derived by implication must therefore be always lim¬
ited by the express declaration in the Constitution that:
'•The right of the people to be secure in their persensy
houses, papers, and effects, against unreasonable searches
and seizures shall not be violatedand vo ic/trrants shall issue
but upon probable cause, supported by oath or affirmation,
aud particularly describing the place to be searched, and the
persons or tilings to be seized," and the further declaration
that, "no person shail be deprived of life, liberty or proper¬
ty, without due process of law." And that,
"In all criminal prosecutions the accused shall enjoy the
right of a speedy and public trial by an impartial jury of the
State or District where the crime shall have been commit
ted, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the
accusation ; to be ^confronted with the witnesses against
him ; to have compulsory process for obtaining witnesses
in his favor; and to have the assistance of counsel for his
-defense1*!"
• Thus it is an express guaranty of the Constitution, that
th® "jwrsotis" of the people shall be secure, and "no warrants
shall issue," but upon probable cause, supported by oath or
affirmation," 'particularly describing "the persons to be seiz¬
ed that, "no person shall be deprived of liberty, without
due process of law" .and that in "all criminal prosecutions"
the accused shall enjoy the right cf a speedy and public trial,
by an impartial jury."
The Constitution also defines the yowers of the Execu¬
tive, which are limited to those delegated, among which
there is no one, authorizing him to issue warrants or order
.arrests of persons not in actual military service ; or to sit as
a judge in any case, to try any person for a criminal offense,
or to appoint any court or tribunal to do it, not provided for
in the Constitution as part of the judiciary. The power to
issue warrants and try persons under criminal accusations
'ura judicial powers, which belong under ihe Constitution,
exclnsicchj to the judiciary and not to the Executive. His
power to order ancsts as Commander-in-Chief is strictly a
mil-ita.rij power, and is confined to the arrest of 'persons sub¬
ject to military power, as to the arrest of persons in the army
or navy of the Confederate States ; or in the militia, when
.in the actual service of the Confederate States; and does
not extend to any persons in civil life, unless they be fol¬
lowers of the camp or within the lines of the army. This
is clear from that provision of the Constitution which de¬
clares that,
"No person-shall be held to answer for a capital or other¬
wise infamous crime, unless on a presentment or indictment of
'20 JOURNAL OF THE HOUSE,
.a grand jury, except in cases prising in the land or
ces, or in the militia■ when in actual service in time o
public danger." But even here, the power of the i « ,
as Commander-in-Chie'f, is not absolute, as his p° navai
duties in ordering arrests of persons in the land or i
forces, or in the militia when m actual service, are ueaiiy
defined by the rules and articles of war prescribed oy con¬
gress. Any warrant issued by the President, or any arrest
made by him, or under his order, of any person in civil life
and not subject to military command, is illegal and: in plain
violation of the Constitution; as it is impossible for Congress
by- implication, to confer upon the President t-;e right to
exercise powers of arrest, expressly forbidden to him by the
Constitution. Any effort on the part of Congress to do
this, is but an attempt-to revive the odious practice of or¬
dering political arrests, or issuing lettecg dc cachet, by royal
prerogative, so long since renounced by our English ances¬
tors; and the denial of the right of the*constitutional judi¬
ciary to investigate such cases, and the provision for creating
a court appointed by the Executive and changeable at his
will, to take jurisdiction of the same, are in violation of the
great principles of Magna Charta, the Bill of Eights, the
Habeas Corpus act, and the Constitution of the Confeder¬
ate States, upon W'hicli both English and American liberty
rest; and are but an attempt to-revive the* odious Star-
Chamber court of England, which in the hands o# wicked
kings, was used for tyranical purposes by the cown, until
it was fiually abolished by act of parliament, of 16th Charles'
the first, which went into operation- on the first of August
1G41. This act has ever since been regarded as one of the
great bulwarks of English liberty ; and as it was passed by
the English Parliament to secure our English ancestors,
against the very same character of arbitrary arrests, which
the late act of Congress is intended to authorize the
President to make; I append a copy of it to this message*
with the same italics and small capital letters, which are
usedm the printed copy in the book from which it is taken..
It will be seen that the court of "Star-Chamber," which
was the instrument in the hands of the English king, for
investigating his illegal arrests and carrying out his arbitrary
decrees, was much more respectable, on account of the
character, learning and abifity qf its members, than the
Confederate Star-Chamber, or court of "proper officers "
which the act of Congress gives the President power to ap¬
point to investigate his illegal arrests.
I am aware of no instance in which the British kino-
ordered the arrest of any person in civil life, in anv nth
manner, than by judicial warrant, issued by the establish
courts of the realm ; ot in which he has suspended +
tempted to suspend the privilege of the writ of lnh ' °r
" CQY-~
THURSDAY, MARCH 10th, 1864. 21
•
pus, since the Bill of Rights and act of settlement passed in
16S9. To attempt this in 18G4 would cost the present
reigning Queen no less price than her crown.
The only suspension of the privilege of the writ of habeas
corpus known to our Constitution, and compatible with the
provisions already stated, gc»es to the simple extent, of pre¬
venting the release under it of persons whose arrests have
been ordered under constitutional warrants ffljm judicial
authority. • To this extent the^Constitution allows the sus¬
pension in case of rebellion or invasion, in order that the
accused may be certainly and safely held for trial; but Con¬
gress has no right under pretext of exercising this power,
to authorize the President, to make illegal arrests prohibited
by the Constitution ; and when Congress has attempted to
confer such powers on the President, if he should order
such illegal arrests, it would be the imperative duty of the
judges, who have'solemnly, sworn, to support the Constitu¬
tion, to disregard such unconstitutional legislation ; aod
grant relief to persons so illegally imprisoned; and it
would be the dirty of the Legislative and Executive depart¬
ments of the States to sustain and protect the judiciary in
the discharge of this obligation.
By an examination of the act of Congress, now under
consideration, it will be seen that it is not an act to suspend
the privilege of the writ of habeas corpus in co.se of warrants
issued by judicial authority ; but the main purpose of the
act seems to be to authorize the President to issue war¬
rants supported by neither oath nor affirmation and to make
arrests of persons not in military service, upon charges of a
nature proper for investigation in the judicial tribunals on¬
ly, and to prevent the Courts from inquiring into such ar¬
rests, or granting relief against such illegal usurpations of
power, which are in direct and palpable violation of the
Constitution.
The act enumerates more than twenty different causes of
arrest, most of which are cognizable and tryable only in
the judicial tribunals established by the Constitution ; and
for which no warrants <?an legally issue for the arrest of per¬
sons in civil life by any power except the judiciary and
then only upon probable cause supported by oath or affir¬
mation, particularly describing the jwrsons to be seized ;
such as "treason" "treasonable efforts or combinations to sub¬
vert the Government of the Confederate States," "conspira¬
cies to overthrow the Government," or-"conspiracies to re¬
sist the lavyful authority of the Confederate States," giv¬
ing the enemy, "aid and comfort" "attempts to incite
servile insurrection," "the burning of bridges," "Railroad,"
or "Telegraph lines," "harboring deserters," and "other of¬
fences against the laws of the Confederate States," &c., &c.
And as if to place the usurpation* of power beyond doubt
22 JOURNAL OF THE HOUSE,
or cavil, the act expressly declares that the
shall apply only to the case of persons, arrested °r '«.
by the President, the Secretary of War, or the ^ene™ nf
cer com minding the Trans Mississippi Military D^P'11 ^ '
by authority and. under the control of the President, in . 1S'' r
enumerated in the act, most of which are exclusi J
judicial cognizance, and in which cases the P/esiden J«i'
the shadow of Constitutional authority to issue warrants or
order arrests, bu* is actually prohibited by the Constitution
from doing so. , ,, . c
This then is not an act to suspend the piivilege of the
writ o{habeas corpus, in the manner authorized by implica¬
tion by the Constitution ; but it is an act to authorize the
President to make illegal and unconstitutional arrests, in cases
which the Constitut on gives to the judiciary, an 1 denies
to the Executive'; and to prohibit all judicial interference
for the relief ol the citizen, when tyranized over by illegal
arrest, under letters de cachet issued by Executive authori¬
ty-
Instead of the legality of the arrest beinz examined in
the judicial tribunals appointed by the Constitution, it is to
be examined in the Confederate Star Chamber; that is, by
officers appointed by the President. Why say that the
iiPresident shall came proper officers to investigate" the legali¬
ty of arrests ordered by him ? Why not permit the Judges,
whose constitutional right and duty it is to do it ?
We are witnessing with too ipuch indifi'-rence assump¬
tions of power by the Confederate Covernment which in
ordinary times would arouse the whole co mtry to indig¬
nant rebuke and stern resistance. History teaches us that
submission to one encroachment upon conssitutional liber¬
ty is always followed by another ; and we should not for¬
get that important rights, yielded to those in power, with-
•out rebuke or protest, are never recovered by the people
•without revolution.
If this act is acquiesed in, the President, the Secretary
of War, and the commander of the Trans Mississippi de¬
partment under the control of the President, eacli has the
power conferred by Congress, to imprison whomsoever he
chooses ; and it is only necessary to allege that it is done
011 account of "treasonable efforts" or of "conspiracies to
resist the lawful authority of the Confederate States " pr
for "giving aid and comfort to the enemy," or other of the
causes of arrest enumerated in the Statute, and have a sub¬
altern to file his affidavit accordingly, after the'arrett if a
writ of habeas corpus is sued.out, and no Court dare in¬
quire into the cause of the imprisonment. The SHfnf-o
makes the President and not the courts the iud^e
sufficiency of the cause for his own acts. Either v 6
any other citizen of Georgia, may at any moment {-Unr ^
Vallandigham was in Ohio) be dragged from your horn
midnight by armed force, and imprisoned at the will oFth ^
THURSDAY, MARCH 10th, 1864. 2&
President, upon the pretext that you have been gujlty of
some offense of the character above named, arid no court
known to our judiciary, can inquire into the wrong or grant
relief.
When such bold strides towards military despotism and
absulute authority are taken by those in wham we have
confided ; and who have been placed in high official po¬
sition, to guard and protect constitutional and personal
liberty ; it is the duty of every patriotic citizen to sound,
the alarm ; and of the State Legislatures to say in thunder
tones, to those who assume to govern us by absolute pow¬
er, that there is a point beyond which freemen will not
permit encroachments to go.
The Legislatures of the respective States are looked to
as the guardians of the rights of those whom they repre¬
sent, and it is their duty to meet such dangerous enact¬
ments upon the liberties of the people promptly ; and ex¬
press their unqualified condemnation ; and to instruct their
Seoators and request their Representatives to repeal this
most monstrous act, or resign a trust which by permitting
it to remain on the statute book they abuse, to the injury
of those, who have honored them with their confidence, in
this trying period of our history. I earnestly recommend
that the Legislature of this State take prompt action upon
this subject, and stamp the act with the seal of their indig¬
nant rebuke.
Can the President no longer trust the judiciary with the
exercise of the legitimate powers conferred upon it by the
Constitution and laws ? In what instance have the grave
and dignified Judges proved disloyal or untrue to our cause ? '
When have they embarrassed the government by turning
loose traitors, skulkers or spies? Have they not in every
instance given the Government the benefit of their doubts
in sustaining its action, though they mi girt thereby seem
to encroach upon the rights of the States, and for a time
deny substantial justice to the people ? Then why this
implied censure upon them ?
What justification exists now for this most monstrous
deed, which did not exist during the first or second year of
the war, unless it^e found in the fact, that those in pow¬
er have found the people ready to submit to every encroach¬
ment, rather than make an issue with the Government,
while we are at war with the enemy ; and have on that
account been emboldened to take the step which is intend¬
ed to make the President as absolute in his power of arrest
and imprisonment as the Czar of all the Russias ? What
reception would the members of Congress from the differ¬
ent States have met in 186J, had they returned to their
constituents and informed them that they had suspended
the habeas corpus, and given the President the power to im-
24
JOURNAL OF, THE HOUSE,
prison the people of these States with no restrain
his sovereign will ? ■ Why is liberty less sacred »o\
it was in 1SG1 ? And what will we have gained wi ^
have achieved our Independence of the Northeio _ *
if in our effort to do so, we have permitted our <
government to be subverted, and have lost Loiis i
liberty at home ? . n
The hope of the country now rests in the new Congress
soon to assemble. They must maintain our liberties
against encroachment and wipe this, and all such stains
from the statute book, cr the Sun of liberty wib soon set
in darkness and blood. ^
Let the constituted authorities of each State, send up to
their representatives when they assemble in Congress, an
unqualified demand for prompt redress ; or a return of the
commissions which they hold from their respective States.
THE CAUSES OF THE WAR, HOW CONDUCTED, AND WHO RES¬
PONSIBLE.
Cruel bloody desolating war is still waged against us b.y
our relentless enemies, who disregarding the laws of nations
and the rules of civilized warfare, whenever either inter¬
feres with their fanatical objects or their interest, have in
numerous instances been guilty of worse than savage cruel-
V- . . . .
They have done all in their power to burn-our cities when
unable by their,skill and valor to occupy them ; and to turn
innocent women and children who may have escaped death
by the shells thrown among them without previous notice,
into the streets destitute of homes, food and clothing.
1 They have devastated our country wherever their unhal.-
lowed feet have trod our soil, burning and destroying fac¬
tories, mills, agricultural implements, and other valuable
property.
They have cruelly treated our sons while in captivity,
and in violation of a cartel agreed upon, have refused to ex¬
change them with us for their own soldiers, unless we would
consent, against the laws of nations,.to exchange our slaves
' as belligerants, when induced or forced by them to take up
arms against us.
They have done all in their power to incjte our slaves to
insurrection and murder, and when unable to seduce them
from their loyalty, have when they occupied our country,
compelled them to engage in war against us.
They have robbed us of our negro women and children
who were comfortable contented and happy with their ow¬
ners, and under pretext of extraordinary philanthropy h'ivp
an^ie name of liberty, congregated thousands of them tn
getherm places where they couid have neither the comfnril
nor the necessaries of life, there neglected and despised +
die by pestilence and hunger. i > to
THURSDAY, MARCH 10th, 1SG4.,
In numerous instances their brutal soldiers have violated
the persons of* our innocent and helpless women ; and have
desecrated the graves of our ancestors, and polluted and de¬
filed the altars which we have dedicated to the worship of
the Living; God.
In addition to these and other enormities, hundreds of
thousands of valuable lives both North and South have been
sacrificed, causing the shriek of the mother, the wail of the
widow, and the cry of the orphan, to ascend to Heaven,
from almost every hearthstone in all the broad land once
known as the United States.
Such is but a faint picture of the devastations, cruelty,
and bloodshed, which have marked this struggle.
War in its most mitigated form., when conducted accord¬
ing to the rules established by the most enlightened and civ¬
ilized nations is a terrible scourge, and cjmnot exist without
the most enormous guilt resting upon the heads of those,
who have without just cause, brought it upon the innocent-
aiad helpless people who are its unfortunate victims. G-uilt
may rest m unequal' degree? in a struggle like this, upon
both parties, but'both cannot be innocent. Where then
rests-this crushing load of guilt?
While I trust I shall be able to show that it rests not up¬
on the people nor rulers of the South, I do not claim that it
rested at the commencement of the struggle upon the whole
people of the North,
There was a large intelligent and patriotic portion of the
people of the Northern States, led by such men as Pierce,
Douglas, Yallandingham, Bright, Vooriiies, Pugh^ Seymour,
Wood, and many other honored names, who did all in their
power to rebuke and stay the wicked reckless fanaticism
which precipitated the two sections into this terrible Con¬
flict. With such men as these in power, we might have
lived'together in the Union perpetually.
In addition to the strength of the Democratic party in
the North there were a* large number of persons whose ed¬
ucation had brought them into sympathy with the so called
Republican, or i:i other words, the old federal consolWation
party, who would never have followed the wicked leaders
of that party who used the slavery question as an hobby
upon which to ride into power, and who to-day stand be¬
fore Heaven and Earth guilty of shedding the blood of hun¬
dreds of thousands, and destroying the brightest hopes of
posterity, had they known the true objects of their leaders,
and the results which must follow the triumph of their pol¬
icy at the ballot box.
The moral guilt of this war rested then in its incipiency
neither upon the people of the South, nor upon the demo- •
■cratic party of the North, or upon that part of the Repub¬
lican party who were deluded and deceived. But it rested
26
JOURNAL OF THE HOUSE,
upon the heads of the wicked leaders of the Repu J,,
parly, who had refused to be bound by the compacts o
Constitution made by our 'common ancestry. These m
when in power in the respective States of the Noit1
rayed themselves in open hostility against an importan pi"
vision of the Constitution, for the security ot cleai y ex
pressed and unquestionable rights of the people o e
Southern States. , n
Many of the more fanatical of them, denounced the Con¬
stitution because of its protection of the property of the
slaveholder, as a ^covenant with death and a league vvith
Hell,"and refusing to be bound by it, declared that a "high¬
er law" was the rule of their conduct, and appealed to the
Bible as that "higher la<v." But when the precepts of God
in favor of slavery were found in both the old and the new
testament they repudiated the Bible and its Divine Author,
and declared for an anti-Slavery Bible and an anti-Slavery God.
The abolition party having'when in power in their respec¬
tive States, set at naught that part of the Constitution
.which guarantees protection to the rights and property of
the Southern people, and. having by«fraud and misrepresen¬
tation obtained possession of the federal government, the
Southern people in self-defence were CQmpelled to leave the
Union in which their rights were no longer respected. Hav¬
ing destroyed the Union by their wicked acts and their bad
faith, these leaders, rallied a majority of the people of the
North to their support with a promise to restore it again
hy force. Monstrous paradox! that a Union which was
formed upon a compact between sovereign States, being em¬
inently a creature of consent, is to be upheld by force. But
monstrous as it is, the war springs ostensibly from this
source—this is its origin its soul and its life, so far as a shad¬
ow of pretext for it can be found. In their mad effort to
restore by force a Union which they have destroyed, and to
save themselves from the just vengeance which awaited
them for their crimes ; the abolition leaders in power, have
lighted up the continent with a blaze of war, which has
destroyed hundreds of millions of dollars worth of property,
and hundreds of thousands of valuable lives, and loaded pos¬
terity with a debt which must cause, wretchedness and pov¬
erty for generations to come. And all for what ? That fa¬
naticism might triumph over constitutional liberty, as
achieved by the great men of 1776, and that ambitious men '
might have place and power. In their efforts to destrtfy
our liberties, the people of the North if successful would
inevitably lose their own, by overturning as they are now
attempting to do, the great principles of Republicanism ud-
orr which constitutional liberty rests. The government in
the hands of the abolition administration is now a desnnHcm
as absolute as that of Russia.
THURSDAY, MARCH IOth, 18G4. 27
Unoffending citizens are seized in their beds at night by-
armed force and dragged to dungeons and incarcerated at
the will of the tyrant, because they have dared to speak for
constitutional liberty, and to protest against njilitary des¬
potism.
The Habeas Corpus that great bulwark of liberty, without
which no people can be secure in their lives persons or pro¬
perty* which cost the English several bloody wars, and
which was finally wrung from the crowu by the sturdy
Barons and people at the point of the bayonet; which has
ever been the.boast of every American patriot, and which
I pray God may never, under pretext of military necessity be
yielded to encroachments by the people of the South ; has
been trampled under foot by the Government at Washing¬
ton, which imprisons at its pleasure.-whomsoever it will.
The freedom of the ballot box has also been destroyed,
and the elections have been carried by the overawing influ¬
ence of military force.
Under pretext of keeping men enough in the field to'
subdue the South, President Lincoln takes care to keep
enough to hold the North in subjection also—to imprison,
•er exile those who attempt to.sustain their ancient rights,
liberties, and usages, and to drive from the ballot box
those who are not.subservient to his. will, or enough of
them to enable his party to carry the elections. Can an
intelligent Northern Conservative man contemplate this
state of things, without exclaiming whither are we drifting?
What will we gain by the subjugation of the South, if m
-our attempt to do it we mus t lose our own liberties;
and visit upon ourselves and our posterity the chains of
military despotism ?
Ho'v? long a people once free will submit ^o the despot¬
ism of such a government the future must develop. One
thing is certain while those who now rule remain in power
in Washington the people of the Sovereign Stales of Ameri¬
ca can never adjust their difficulties. But war, bloodshed,
devastation, and increased indebtedness, must be the inevi¬
table result. There ifoust be a change of administration,
and more moderate councils prevail in the Northern States
before w.ecan ever have peace. While"1 subjugation, abo¬
lition, and Confiscation, are the terms offered by the Fede¬
ral Government, the Southern people will resist, as long as
the patriotic voice of woman can stimulate a Guerilla band,
or a single armed soldier to deeds of daring in defence of
liberty and home.
I have said the South is not the guilty- party, in this
dreadful carnage, and I think it not inappropriate that the
reasons should be often repeated at the bar of an intelli-1
gent public opinion ; that our own people and the world
should have "line upon line" and "preaept upon precept,"
2S
JOURNAL OF THE HOUSE,
"here a little and there a little," "in season and out o
season," as some may suppose, to show the true lia e
this contest—the principles involved—the objects o _
war pn our side, as well as that of the enemy, tha -
right minded men every where may see and unders an
that this contest is not of our seeking and that we have
wish or desire to injure those who war against us, - except
so far as has been necessary for the protection and preser- ^
vation of onrse'lves. Our sole object from the beginning
. has been to defend, maintain a«id preserve our ancient usa¬
ges, customs, liberties, and institutions, as achieved and es¬
tablished by our ancestors in the revolution of 177G.
That Revolution was undertaken to establish two great
rights—State Sovereignty—and self government. Upon
these the declaration of Independence was predicated, and
they were the Corner Stone upon which the Constitution
rested. The denial of these two great principles cost Great
Britian her American Colonies which had so long been her
pride. And the denial of them by the Government at
Washington if persisted in, must cost the people of the'
United States the liberties of themselves and their posteri¬
ty. These are the pillars upon which the temple of Con¬
stitutional liberty stands, and if the Northern people in
their mad effort to destroy the Sovereignty of the Southern
States and take from our people the rights of self govern¬
ment, should be able,with the strength of an ancient Samp¬
son, to lay hold upon the pillars, and overturn the edifice,
they must necessarily be crushed beneath its ruins, as the
destruction of State Sovereignty and the right of self gov¬
ernment in the Southern States, by the agency of the Fed-
deral Government, necessarily involves the like destruction
in the Northern States; as no people can maintain* these
rights for» themselves who will shed the blood of then-
neighbors to destroy them in others. It is impossible for
half the States of a Confederacy, if they assist the central
government to destroy the rights and liberties of the other
half, to maintain their own rights and liberties, against the
central power, after it has crushed tlieir Co-States.
The two great truths announced by Mr. Jefferson, in the
the declaration oT Independence and concurred i/i by all
the great men of the revolution were, 1st, "That Govern¬
ments derive their just powers from the consent of the Gov¬
erned." 2nd, "That these United Colonies are, and of ri^ht
ought to be free and independent States." °
We are not to understand by the first great truth that
each individual member of the aggregate mass composing
the State must give his consent before he can be iustlv
governed ; 'or that the consent of each, or a particular class
of individuals in a State is necessary. By the "governed''
. is evidently here meant communities and bodies of mo
THURSDAY, MARCH IOtii, 1S64,
29
capable of organizing and maintaining government. The
"consent of the governed," refers to the aggregate will of
the community or fState in its organized form, and ex¬
pressed through its legitimate and property constituted or¬
gans.
In elaborating this great truth Mr. Jefferson in the decla¬
ration of Independence says, that governments are institu¬
ted among men to secure certain "inalienable rights"—
that "among these are life, liberty and the pursuit of hap¬
piness "that whenever any form of government becomes
destructive of these ends, it is the right of the people to
alter or to abolish it, and to institute a new government
laying its foundation on such principles, and organizing its
powers in such form, as to them shall seem most, likely to
effect their safety and happiness."
According to this great fundamental principle the Sov¬
ereign States of America, North and South, can only be
governed by their own consent, and whenever the Govern¬
ment to which they have given their consent, becomes de¬
structive of the great ends for which it was formed, they
have a perfect right to "abolish it," bj- withdrawing their
consent from it, as the Colonies did from the British Gov¬
ernment, and to form a "new Government," with its foun¬
dations laid on such principles, and its powers organized
in such form as to them shall »seem most likely to effect
their safety and happiness." Upon the application to the'
present controversy, of this great principle, to which the
Northern States are as firmly committed as/the Southern
States, Georgia can proudly challenge New York to trial
befote the bar of enlightened public opinion, and impartial
history must write the verdict in her favor, and triumph¬
antly vindicate her action in the course she has pursued.
Not only all the Sovereign States of America have hereto¬
fore recognized this great truth, but it has been recognized
. by the able and enlightened Emperor of the French who
owes his present elevation to the "consent of the governed."
He was called to the Presidency by the free suffrage or
consent of the French people, and when he assumed the
imperial title he again submitted the question to the "gov¬
erned" at the ballot box, and they gave their "consent."
At the recent treaty of peace with the Emperor of Aus-
tria*he ceded an Austrian province to Franco, and Napo¬
leon refused to "govern it," till the people at the ballot box
o-ave "their consent," that he should do so.
& The Northern States of America are to-day, through the
agency of the despotism at Washington, waging a bloody
war upon the Southern States; to crush out this great
American principle, announced, and maintained in a seven
years war, by our common ancestry, after it has won the
30 * JOURNAL OF THE HOUSE,
approbation of the ablest and most enlightened Sovereign
of Europe. . . . _ • , nf re_
In discussing this great principle, I can o
mark, how strange is the contrast ^ between the conduce 01
the Emperor Napoleon, and that of President Linco n. a
poleon refuses to govern a province till a majority o le
people at the ballot box has given their consent. Lincoln
after having done all in his power to destroy the freedom
and purity of the ballot box, announces in his *ate pioc a-
mation his determination to govern the SovereignStates of
the South by force, and to recognize and maintain as the
Government af these States, not those who at the ballot
box can obtain the "consent of the governed," or of a ma¬
jority of the people, but those who can obtain the consent
of one tenth of the people of the State. Knowing that he
can never govern these States with "the consent of the
governed," -he tramples the declaration of Independence
under his feet, and proclaims to the world, that he will
govern these States, not by the "consent of the governed"
but by military power, so soon as he can find one tenth of the
governed humiliated enough to give their consent.
But the world must be struck with the absurdity of the
pretext upon which he bases this extraordinary pretension.
He says, in substance the Constitution requires him to
guarantee to each State a republican form of Government.
And for the purpose of carrying out this provision of the
Constitution he proclaims that, sq soon as one tenth of the
people of each of the seceded States shall be found abject
enough to take an oath to support lii^ unconstitutional acts,
and at the same time to support the .Constitution, and
shall do this monstrous deed, he will permit them to
organize a State Government, and will recognize them as
the Government of the State, and their officers as the regu¬
larly constituted authorities of the State. These he wilt
aid in putting down, driving out, expelling, a^d extermi-,
nating, the other nine tenths, if.they do not likewise take
the prescribed oath.
One-tenth of the people of a State put up, and aided by
military force, to rule, govern or exterminate vine-tenth!
And this to be done under the guise or professed object of
guaranteeing republicanism! What would Washington.
Jefterson, Madison, Monroe, Adams, Hancock, of even Ham
ilton, have said to this kind of republicanism? What say
the conservative Northern statesmen of the present .day if
permitted to speak? Does such a government as this de
rive its just powers from the "consent of the governed?'"
Is this their understanding of the republican governmenf
which the United States is to guarantee to each State? Tf
so, what guaranty have they for the freedom of their nn
terity? If .the government at Washington, guarantees such
THURSDAY, MARCH 10th, 1S64. 31
republicanism as this to Georgia, in 1S64, what may be her
guaranty to Ohio and other Western States in 1S74?
The absurdity of such a position on Constitutional prin¬
ciples or views, is too glaring for comment. When such
terms are offered to them, well may the people of these
States be nerved to defend their rights and liberties at eve¬
ry hazard, under every privation, and to the last extremity.
But I must notice the other great truth, promulgated in
the declaration of Independence—''that these United Col¬
onies, are and of right, ought to be free and independent
States.'"
George the third, denied this great truth in 1776, and
sent his armies into Virginia, the Carolinas, and Georgia, to
crush out its advocates, and maintain over the people, a
government which did not derive its powers from the "con¬
sent of the governed." President Lincoln in 1861, has made
war upon the same States and their Confederates, to crush
out the same doctrine by armed force. Yet he has none of
the apparent justification before the world, that the British
King had. The colonies had been planted, nurtured and
governed by Great Britain.—As States, they had never been
independent and never claimed to be. This claim was set
up for the first time, in the declaration of Independence.
Under these circumstances, there was some reason why the
British Crown should resist it. But the great truth pro¬
claimed was more powerful than the armies and navy of
Great Britain.
On the 4th of July, 1776, our fathers made this declara¬
tion of .the freedom and Independence of the States. The
revolution was fought upon this declaration, and on the 3d
day of September 1783, in the treaty of peace, "His Brit-
aniG Majesty, acknowledges the said United States, to-wit,
Nt% Hampshire, Massachusetts Bay, Rhode Island and Pro¬
vidence Plantations, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Caroli¬
na, South Carolina, and Georgia, to be free sovereign and in¬
dependent States, that he treats with them as such," &c.
On and after that day Georgia stood,before the world,
clad in all the habiliments, and possessed of all the attri¬
butes of sovereignty. "When did Georgia lose this sover¬
eignty? Was it by virtue of her previous compact with her
sister States? Certainly l;ufc. _
The Articles of Confederation between the colonies, du-
.ring the struggle, set forth the objects to be attained, and
the nature of the bond between the parties to it, and the
separate sovereignty of each of the States a party to it, was
expressly reserved. Was it when she with the other States
formed th3 Constitution in 1787? Clearly not. The Con¬
stitution was a compact between the thirteen States, each
32 JOURNAL OF THE HOUS&,
of which had been recognized separately by name, by the
British King, as aJree sovereign, and independent. State.
The objects and purposes for which the federal govern
ment was formed, were distinctly specified and were a se
forth in the compact. The government created by it was
limited in its powers by the grant, with an express reserva¬
tion of all powers not delegated. The great attribute of
separate State Sovereignty, was not delegated. In 'this par¬
ticular, there was. no chun
ation, Sovereignty was still reserved and abided with the
States respectively. . This more "peifect Union, ^ was bas¬
ed upon the assumption that it was for the best interest of
all the States to enter into it, with the additional grant of
powers and guarantees—each State being bound-as a sover¬
eign to perform and discharge to the others, all the new ob¬
ligations of the compact. It was so submitted to the peo¬
ple of the States respectively and so acceded to by them.
The States did not part with their separate sovereignty by the
adoption of the Constitution. In that instrument all the
powers delegated, are specifically mentioned. Sovereignty
the greatest of all political powers, the source from which
'all others emanate, is not amongst those mentioned. It
could not-have been parted with except by grant either ex-
prsssed or clearly implied. The most degrading act a State
■ can do is to lay down or surrender her sovereignty. Indeed
it can cot be done except hy deed or g'rant. The surrender
is not to be found in the Constitution amongst the express¬
ly granted powers. It can not be amongst those granted
by implication; for by the terms of the compa t nonB are
granted by implication except such as are incidental to, or
necessary and proper to execute those that are expressly
granted. The incident can never be greater than the ob¬
ject—and if nothing in the powers expressly granted
.amounts to sovereignty, that which is the greatest of all
powers, can not follow or be carried after a lesser-one, as
an incident by implication—and thqn to put the matter at
rest forever, it. is expressly declared that the powers not
delegated, are reserved to the States respectively or to the
people. Sovereignty the great source of all power, therefore
was left with the States by the compact, left where Kino-
George lett it, and left where it has ever since remained^
and will remain forever if the people of the States are true
to themselves, and true to the great principles which their
forefathers achieved at sucli cost of blood and treasurp in
the war of 177G. tasuie, m
The constitution was only the written cohtract or bond
between the sovereign States in which the covenants wp™
all plainly expressed, and each State as a sovereign nlJT
"its faith to its sister Sta+.ps. 1. —to.. ' Ieag'
ed
its faith to its sister States, to observe and keep6these
onanfa Srt Innw no ooii'ri iliil +V>?« 1 "> •
com-
enants. So long as each did this, all were bound by the° C°V~
THURSDAY, MARCH 10th, 1864.
33
pact. But it is a rule as well known and as universally re¬
cognized in savage as in civilized life—as well understood
and as generally acquiesced in between sovereign States, as
between private individuals, that when one party to a con¬
tract refuses to be bound by it, and to conform to its re¬
quirements, the other party is released from further compli
ance.
♦Without entering into an argument to show the manner
in which the Northern States had perverted the contract,,
and warped its terms to suit their own interest, in the en¬
actment and enforcement of tariff laws for the protection of
their industry at the expense of the South, and in the en¬
actment of internal improvement laws, coast navigation
laws, fishery laws, &c., &c., which were intended to enrich
them at the expense of the people of the South; I need
cite but a single instance of open, avowed, self-confessed,
and even boasted, violation of the compact by the Northern
States, to prove that the Southern States were released and
discharged, from further obligation, to the Northern States,
by every known rule of law, morality, or comity.
One of the express covenants in the written bond, to
which the Northern States subscribed, and without which
as is clearly seen by reference to the debates in the Conven¬
tion which formed the Constitution, theSothern States nev¬
er would have agreed to or formed the compact, was in
these words:
"No person held to service or labor in one State, under
the laws thereof escaping into another, shall in consequence
of any law or regulation therein be discharged from such ser¬
vice or labor, but shall be delivered up on claim of the par¬
ty to whom such service or labor may be due."
Massachusetts and other abolition States, utterly repudi¬
ated, annulled and set at naught this provision of the Con¬
stitution; and refused either to execute it or to permit the
constituted authorities of the United States, to carry it out,
within their limits.
This shameful violation by Massachusetts, of her plight¬
ed faith to Georgia, and this refusal to be bound by the
parts of the Constitution, which she regarded burdensome
to her, and unacceptable to her people, released Georgia
according to every principle of international law, from fur¬
ther compliance on her part. In other words, the Consti¬
tution was the bond of Union between Georgia and Massa¬
chusetts, and when Massachusetts, refused longer to be
bound by the Constitution, she thereby dissolved the union
between her and Georgia.
It is truthfully said in the declaration of Independence,
that "experience hath shown, that mankind are more dis¬
posed to suffer while evils are sufferable, than to right
themselves by abolishing the forms to which they are ac-
3
34
JOURNAL OF THE HOUSE,
customed." So it was with Georgia and her Southern sis¬
ters in this case. Though Massachusetts and other North¬
ern States, by their faithless acts, and repudiation of the
compact, had dissolved the union existing between the
States; the Southern States did not declare the dissolution;
hoping that a returning sense of justice on the part of the
Nothern States, might cause them again to observe their
Constitutional obligations. So far from this being the case,
they construed our forbearance into a consciousness of our
weakness, and inability to protect ourselves; and they or¬
ganized a great sectional party; whose political creed wras
founded in injustice to the South; and whose public declar¬
ations, and acts, sustained the action of Massachusetts, and
the other faithless States.
This party whose creed was avowed hostility to the
rights of the South, triumphed, in the election for Presi¬
dent in 1860. The election of a federal Executive by a sec¬
tional party, upon a platform of avowed hostility to the
Constitutional rights of the South, to carry out in the Fed¬
eral administration the doctrines of Massachusetts, and oth¬
er faithless States, left no further ground for hope, that the
rights of the South would longer be respected by the North¬
ern States; which had not only the Executive, but a major¬
ity of the Congress.
- The people of the Southern States, each sovereign State
acting for itself, then met in Convention; and in the most
solemn manner known to our form of government, resumed
the exercise of the powers which they had delegated to the
common agent; now faithless to the trust reposed in it.
The right of Georgia as a member to the original Com¬
pact to do this, is too clear for successful denial.' And the
right of Alabama, and the other States, which had been ad¬
mitted into the union since the adoption of the Constitu¬
tion, is equally incontrovertable; as each new State came
into the union as a sovereign, upon an equal footing in all
respects whatever, with the original paries to the Com¬
pact.
The Confederate States, can therefore with confidence,
submit their acts to the judgment of mankind; while with
a clear conscience they appeal to a just God to maintain
them in their course. They were ever true to the Com¬
pact of the union, so long as they remained members.of it
their obligations under it were ever faithfully performed;
and no breach of it, was ever laid at their door; or truly
charged against them. In exercising their undoubted right
to withdraw from the Union, when the covenant had been
broken by the Northern States, they sought no war no
strife.—They simply withdrew from further connection
with self-confessed, faithless Confederates. They offered
no injury to them—threatened none—proposed none in4
THURSDAY, MARCH 10th, 1S64.
35
tended none. If their previous union with the Southern
States, had been advantageous to them, and our withdrawal
affected their interests injuriously, they ought to have been
truer to their obligations. They had no just cause to com¬
plain of us, the breach of the Compact was by themselves
—the vital cord of the union, was severed by their own
hands.
After the withdrawal of the Confederate States from the
Union, if those whose gross dereliction of duty had caused
it, had reconsidered their own acts; and offered new assu¬
rances for better faith in future; the question would have
been fairly and justly put to the seceded States, in their
sovereign capacity to determine; whether in view of their
past and future interest and safety, the^ should renew the
union with them or not, and upon what terms, and guar¬
antees; and if they had found it to be their interest to do
so, upon any terms that might have been agreed upon; on
the principle assumed at the beginning, that it was for the
best interest of all the States, to be bound by some Com
pact of union, with a Central Government of limited pow¬
ers; each State faithfully performing its obligations; they
would doubtless have consented to it. But if they had
found it to be their interest not to do it, they would not,
and ought not to have done it. For the first law of nature
as applicable to States and communities, as to individuals,
is self-protection and self-preservation.
Possibly a new government might have been formed at
that time, upon the basis of the Germanic Confederation;
with a guaranty of the complete sovereignty of all the sep¬
arate States; and with a central agent or government, of
more limited powers than the old one; which would have
been as useful for defence against foreign aggression; and
rm\ch less dangerous to the (Sovereignty and the existence
of the States, than the eld one, when in the hands of abolition
leaders, had proved itself to be.
The length of time for which the Germanic Confederation
has existed, has proved, that its strength lies in what might
have been considered its weakness—the separate Sover¬
eignty of the individual members; and the very limited
powers of the Central Government.
In taking the step which they were forced te do, the
Southern States were careful not to" provoke a conflict of
arms; or any serious misunderstanding, with the States
that adhered to the government at Washington; as long as
it was possible to avoid it. Commisnoners were seat to
Washington to settle and adjust all matters relating to their
past connection; or joint interests, and obligations; justly,
honorably, and peaceably. Our Commissioners were not
received—they were denied the privilege of an audience—
they were not heard. But they were indirectly trifled with,
36 JOURNAL OF THE HOUSE,
lied to, and misled, by duplicity as infamous as
ed by Philip of Spain, towards the peace Coning
gent by Elizabeth of England. They were detained, and
deceived, with private assurances of a prospect o I
ful settlement; while the most extensiveiprepara^l0n
being made for war and subjugation. When th<y
cred this tbey withdrew, and the government at ashing
ton continued its vigorous preparations to rero.orce its
■ garrisons, and hold the possession of our Forts; and to send
armies to invade our territory.
Having completed his prepaiations 101 war, and refused
to hear any propositions for a peaceful adjustment of our
difficulties; President Lincoln issued his proclamation de¬
claring Georgia, and tlie other seceded States to be in rebel¬
lion; and sent forth his armies of invasion.
In rebellion against whom or what'? As sovereign States
have no common arbiter, to whose decision they can appeal;
when they are unable to settle their differences amicably,
they often resort to the sword as the arbiter; and as sover¬
eignty is always in dignity the equal of sovereignty, and a
sovereign can know no superior to which allegiance is due,
one sovereign niay be at war with another; but one can
never be in rebellion against another.
To say that the sovereign State of Georgia, is in rebel¬
lion against the sovereign State of Rhode Island, is as much
an absurdity, as it would be to say that the sovereign State
of Russia was in vcbellion against the sovereign State of
Great Britain in their late war. They were at war, with
each other; but noither was in rebelliou against the other;
nor indeed could be; for neither owed any allegiance to the
other.
Nor could one of the Sovereign States be in rebellion
against the government of the United States. That gov¬
ernment wTas the creature of the States, by which it was
created ; and they had the same power to destroy it at
pleasure, which they had to make it. It was their common
agent with limited powers, and the States by which the
agency was created, had the undoubted right when it abused
these powers to withdraw them. Suppose by mutual con¬
sent all the States in the Union, had met in convention ;
each in its separate sovereign capacity, and had withdrawn
all the delegated powers from the federal government, and
all the States had refused to send Senators or Representa¬
tives to Congress, or to elect a President; will any sane
man question their right, or deny that such action of the
States would have destroyed the federal government 9 If
sojthe federal government was the creature of the si-ufpq
and could exist only at their pleasure. It lived and brpJvT
ed only by their consent. If all the parties to the com3"
had the right by mutual consent, to resume the powers.
THURSDAY, MARCH 10th, 1864. 37
delegated by them to the common agent; why had not part
of them the right to do so, when the others violated the
compact—refused to be bound longer by its obligations ;
and thereby released their copartners'? The very fact that
the States—by which it was formed, could at any time by
mutual consent, disband, and destroy the federal govern¬
ment, shows that it had no original inherent sovereignty or
jurisdiction. As the creature of the States it had only such
powers and jurisdictions as they gave it; and it held what
it had at their pleasure. If therefore a State withdrew
from the Confederacy without just cause, it was a question
for the other sovereign States to consider, what should be
their future relations towards it; but it was a question of
which the federal government had not the shadow of jurisdic¬
tion. So long as Georgia remained in the Union, if her
citizens had refused to obey such laws of Congress, as it
had constitutional jurisdiction to pass, they might have
been in rebellion against the federal government; because
they resisted the authority over them, which G-eorgia had
delegated to that government, and which with her consent
it still possessed. But if Georgia for,just cause, of which
she was the judge, chose to withdraw fro the Union, and
resume the attributes of sovereignty, which she had dele¬
gated to the United States Government, her citizens could
no longer be subject to the laws of the Union, and no lon¬
ger guilty as rebels if they did not obey them.
It could be as justly said that the principal, who has
dslegated certain limited powers to his agent, in the trans¬
action ot his business, which he has afterwards withdrawn
on account of their abuse by the agent,is in rebellion against
the agent; or that the master is in rebellion against his ser¬
vant ; or the landlord against his tenant; because he has
withdrawn certain privileges for a time allowed them ; as
that Georgia is in rebellion against her former agent the
government of the United States.
These I understand to be the great fundamental doctrines
of our republican form of government; so ably expounded
in the Virginia and Kentucky resolutions of 1798 and 1799 ;
which have ever since been a text book of the true republi¬
can party of the United States. Departure from these
principles, has destroyed the federal government; and been
the prolific cause of all our woes. Out of this departure
has sprung the doctrine of loyalty and disloyalty of the
States to the federal government; from which comes osten¬
sibly this war against us ; which is itself at war with the
first principles of American constitutional liberty. It in¬
volves the interests, the future safety, and welfare, of those
States now deemed loyal, as welf as those pronounced dis¬
loyal. It is the doctrine of absolutism revived in its worst
form. It strikes down the essential principles of self-gov-
38 JOURNAL OF THE HOUSE,
erament, ever held so sacred in our past history ,
which all the States were indebted for their
career, in growth, prosperity, and greatness, so ?
those principles were adhered to and maintained *
If carried out and established, its end can e ,, &
but centralism, and despotism. It and its fatal 001 J
the policy of forcing sovereign States to the isc ia ge
their assumed constitutional obligations, weie ores a owe
by President Lincoln in his inaugural address.
Now at the time of the delivery of that inaugural address
it was well known to him, that the faithless States above
alluded to ; and to whose votes in the electoral college he
was indebted for his election, had for years been in open
avowed and determined violation, of their constitutional
obligations. This he well knew, and he also knew, that;
the seceded States had withdrawn from the Union, because
of this breach of faith on the part of the abolition States;
and other anticipated violations, more dangerous, threaten¬
ed from the same quarter. Yet without a wrord of rebuke,
censure, or remonstrance, with them, for their most flagrant
disloyalty to the constitution, and their disregard of their
most sacred obligations under it; he then threatened and
now wages war against us, on the ground of our disloyalty ;
in seeking new safe-guards for our security, when the old
ones failed. And the people of those very States, whose
disloyal hands had severed the ties of the Urron—breaking
one of the essential parts of the compact, Lave been, and
are, his most furious myrmidoss, in this most wicked and
unjust crusade against ust with the view to compel the peo¬
ple of these so outraged States, to return to the discharge
of their constitutional obligations! It may be gravely
doubted, if the history of the world can furnish an instance
of grosser perfidy or more shameful wrrong.
But while the war is thus waged, professedly under the
paradoxical pretext of restoring the Union that was a
creature of consent, by force ; and of upholding the Con¬
stitution -by coercing sovereign States ; yet its real objects,
as appears more obviously every day, are by no means so
paradoxical. The Union under the Constitution as it was;
each and every State being bound faithfully to perform and
discharge its duties, and obligations, and the central gov¬
ernment confining itself within the sphere of its limited
powers ; is what the authors, projectors, and controllers, of
this war never wanted; and never intended; and do not
now intend to maintain.
Whatever differences of opinion may have existed at the
commencement, among our own people, as to the policy of
secession, or the objects of the federal governmental
doubt has been dispelled by the Abolition Proclamation of
President Lincoln ; and his subsequent action. Maddened
THURSDAY, MARCH 10th, 1864. 39
by abolition fanaticism, and deadly hate for the white race
of the South, he wages war not for the restoration of the
Union—not for the support of the Constitution—but for the
abolition of slavery, and the subjugation, and as he doubt¬
less desires ultimate extermination, of the anglo-Norman
race in the Southern States. Dearly beloved by him as are
the African race, his acts are prompted less by love of
them, than by Puritanic hate for the Cavaliers, the Hugue¬
nots, and Scotch Irish, whose blood courses freely through
the veins of the white population of the South. But fed¬
eral bayonets can never reverse the laws of God, which
must be done, before the negro can be made the equal of
the white man of the South. The freedom sought for them,
by the abolition party if achieved, would result in their re¬
turn to barbarism ; and their ultimate extermination from
the soil, where most of them were born ; and were com¬
fortable and contented, under the guardian care of the
white race, before this wicked crusade was commenced.
What have been the abolition achievements of the ad¬
ministration ? The most that has been claimed by them,
is that they have taken from their owners, and set free,
100,000 negroes. What has this cost the white race of the
North and South? More than half a million of white
men slain or wrecked in health beyond the hope of recov¬
ery, and an expenditure of not perhaps less than four thousand
millions of dollars. What will it cost at this rate, to lib¬
erate nearly 4,000,000 more of slaves ? Northern accounts,
of the sickness, suffering and death, which have under nor¬
thern treatment, carried off so larjl a proportion of those
set free,ought to convince the most fanatical, of the cruel in¬
jury they are inflicting upon the poor helpless African.
The real objects of the war aimed at from the beginning,
were and are, not so much the deliverance of the African
from bondage, as the repudiation of the great American
doctrine of self-government; the subjugation of the peo¬
ple of these States; and the confiscation ot tbc-ir property.
To carry out their fell purpose by misleading some simple
minded folks, within their own limits, as well as ours per¬
haps, they passed in the House of Representatives of the
Federal Congress a short time since the famous resolution:
♦'That as our country and. the very existence of the best
government ever instituted by man is imperiled, by the
most causeless and wicked rebellion, that the only hope of
saving the country and preserving this government is by the
power of the sword, we are for the most vigorpus prosecu¬
tion of the war ; until the constitution and laws, shall be en¬
forced and obeyed, in all parts of the United States ; and to
that end we oppose any armistice, or intervention, or media¬
tion, or -proposition, for peace, from any quarter; so long as
there shall be found a rebel in arms against the government;
40 JOURNAL OF THE HOUSE,
and we ignore all party names lines and issues, and recognize
but two parties to this war—patriots, and traitors. . , ,
Were solemn mockery, perfidious baseness, uni ® •
hypocrisy, and malignant barbarity, ever moie c
ously combined, and presented for the just con , . ^
of a right thinking world, than they are in this res '
passed by the abolition majority m the Linco n § ' *
Think of the members from Massachusetts and Veimont,
voting for the most vigorous prosecution of the war, until
the Constitution and laws, shall be enforced and obeyed, m all
parts of the United States. Think of the acts of the Leg¬
islature of Massachusettes, passed in 1843 and 3855, still
standing upon her statute book, setting at defiance the
Constitution and laws. What would become of these States?
And what would become of their members themselves,
who have upheld and sustained these violations of the
Constitution and laws, which is the chief reason why they
now hold their seats, by the votes of their constituents, if
the war should be so waged ? How long, would it be be¬
fore they would ground their arms of rebellion, against the
provision of the Constitution which they have set at •
naught, and give it their loyal support? What would be¬
come of their President and his cabinet; and all who from
the beginning of the war, and before that time, have been
trampling the Constitution-under their feet? Were the
war waged as they thus declare it to be their purpose to
wage it, they would be the first victims of the sword ; were
it first turned, as it ought to be, against the first offenders.
This they know full w^I. Obedience to the Constitution,
is the last thing they want or intend. Hence the mockery,
baseness, and hypocrisy, of such a declaration of purpose.
On their part, it is a war of most wanton arid savage ag¬
gression ; on ours it is a war in defence of inalienable
rights ; in defence of everything for which freemen should
live ; and for which freemen may well be w* Hing to die*
The inestimable rights of self government, and State Sover¬
eignty for which their fathers and our fathers bled andsuifered
together, in the struggle with England for Independence; are
the same for which we are now engaged, in this most unnat¬
ural and sanguinary struggle with them. Those rights are as
dear to the people of these States, as they were to those who
achieved them ; and on account of the great cost of the
achievement, they are the more preciously cherished bv
those to whom they were bequeathed, and will never be
surrendered or abandoned at less sacrifise.
If no proposition for peace or armistice is to be received
or entertained, so long as we hold arms in our hards in
defend ourselves, our homes, our hearthstones, our Vita™
and our birthright, against such ruthless and worsp
vandal invaders; be it so ! We deem it due, however, to
THURSDAY, MARCH 10th, 1864.
41
ourselves, to the civilized world, and to those who shall
come after us ; to put upon record, what we are fighting
tor ; and to let all know, who may now or hereafter, feel
ail iuterest in knowing, the real nature of this conflict;
that the heavy responsibility, of such suffering, desolation,
and carnage, may rest where it rightfully belongs.
It is believed that many of the people of the Northern
States, labor under the impression, that no propositions for
peaceful adjustment, have ever been made by us.
President Lincoln, in his letter to the ''Unconditional
Union" meeting at Springfield last summer, stated in sub¬
stance, that no proposition for a peaceful adjustment of the
matters in strife, had ever been made to him by those who
were in control of the military forces of the Confederate
States ; but if any such should be made, he would enter¬
tain and give it his consideration.
This was doubtless said to make the impression, on the
minds of those not well informed, that the responsibility of
the war was with us. • This declaration of President Lin¬
coln stands in striking contrast, with that above quoted,
from the republican members of the House of Representa¬
tives.
When this statement was made by President Lincoln, it
was well known to him, that our commissioners, sent to
settle the whole matter in dispute peaeeably,were refused a
hearing ! They were not even permitted to present their
terms!
This declaration" was also made soon after it was well
known, throughout the Confederate States at least, that a
distinguished son of this State, vvho is a high functionary
of the government at Richmond, had consented as military
commissioner, to bear a communication in writing from
President Davis, the Commander-in-Chief of our armies,
to President Lincoln himself; with authority to confer up¬
on matters therein set forth. This Commissioner sent from
the head of our armies, was not granted an audience, nor
was the communication he bore received. That communi¬
cation, as was afterwards known, related to divers matters
connected with the general conduct of the war. Its na¬
ture however, or to what it referred, President Lincoln did
not know, when he refused to receive it. But from what
is now known of it, if he had received it, and had heard
what terms might have been proposed, for the general con¬
duct of the war, it is reasonable to conclude, that the dis¬
cussion of these, and kindred topics, might have led to
some more definite ideas, of the aims and objects of the war
on both sides; from which the initiative of peaceful ad¬
justment, might have sprung; unless his real purpose be,
as it is believed to be, nothing short of the conquest, and sub¬
jugation, of these States. His announcement, that no offer
42 JOURNAL OF THE HOUSE,
of terms of adjustment had ever been made to him,
lieved to be an artful pretext on his part, to cove / .
hide, from the people over whom he is assuming ®
solute sway, his deep designs; first against our i »
and then against theirs.
HOW PEACE SHOULD BE SOUGHT.
Ia view of these difficulties, it may be asked, w en an
how is this war to terminate ? It is impossible to say when
it may terminate ; but it is easy to say how it will end. We
do not seek to conquer the Northern people, and if we are
true to ourselves they can never conquer us. We do not
seek to take from them the right of self-government; or to
o-overn them without their consent. And they have not
force enough, to govern us without our consent; or to de¬
prive us of the right to govern ourselves. The blood of
hundreds of thousands may yet be spilt, and the war will
not still be terminated by force of arms. Negotiation mil
finally terminate it-. The pen of the Statesman, more potent
than the sword of the warrior, must do, what the latter has
failed to do.
But I may be asked how negotiations are to commence,
when President Lincoln refuses to receive commissioners
sent by us ; and his Congress resolves to hear no proposition
for peace? I reply, that in my opinion, it is our duty, to
keep it always before the Northern people, and the civilized
world, that we are ready to negotiate for peace ; whenever
the people and government of the Northern States, are pre¬
pared to recognize, the great fundamental principles of
the declaration of Independence, maintained by our common
ancestry—the right of all self-government and the •sovereignty of
the. States. In my judgment it is the duty of our govern¬
ment, after each important victory, achieved by our gallant
and glorious armies, on the battle field, to make a distinct
proposition to the Northern government for peace, upon
these terms. By doing this, if the proposition is declined
by them, we will hold them up constantly in the wrong,
before their own people, and the judgment of mankind. If
they refuse to receive the commissioners who bear the prop¬
osition, publish it in the newspapers ; and let the conduct
of their rulers be known to the people ; and there is reason¬
able ground to hope, that the time may not be far distant,
when a returning sense of justice, and a desire for self-pro-
tectiop against despotism at home ; will prompt the people
of the Northern States to hurl from pewer,those who deny
the fundamental principle, upon which their own liberties
rest; and who can never be satiated with human blood.
Let us stand 6n no delicate point of etiquette, or diplomat¬
ic ceremony. If the proposition is rejected a dozen times
let us tender it again after the next victory—that the world
may be reassured from month to month, that we are not re"
THURSDAY, MARCH 10th, 1864. 43
sponsible, for the continuance of this devastation and car¬
nage.
Let it bo repeated again and again, to the Northern peo¬
ple, that all we ask, is that they recognize the great princi¬
ple upon which their own government rests,—the sovereign¬
ty of the States: and let our own people hold our own gov¬
ernment to a strict account, for every encroachment upon
this vital principle.
Herein lies the simple solution of all these troubles.
If there be any doubt, or any question of doubt, as to the
sovereign will of any one of all the States of this Confede¬
racy,or of any border State whose institutions are similar to-
ours not in the Confederacy, upon the subject of their pres¬
ent or future alliance ; let all armed force be withdrawn ;
and let that sovereign will be fairly expressed at the ballot
box ; by the legal voters of the State ; and let all parties
abide by the decision.
Let each State have and freely exercise, the right to de¬
termine its own destiny, in its own way. This is all that
we have been struggling for from the beginning. It is a
principle that secures " rights, inestimable to freemen, and
formidable to tyrants only."
Let both governments adopt this mode of settlement,
which was bequeathed to them by the great men of the Rev¬
olution ; and which has since been adopted by the Emper¬
or Napoleon, as the only jast mode for the government of
States, or even provinces: and the ballot box will soon
achieve what the sword cannot accomplish—restore peace
to the country; and uphold the great doctrines of State sov¬
ereignty and constitutional liberty.
If it is a question of strife, whether Kentucky or Mary¬
land, or any other State, shall cast her lot with the United
States, or the Confederate States, theie.is no mode of set¬
tling it so justly, with so little cost, and with so much sat¬
isfaction to her own people, as to withdraw all Military force
from her limits, and leave the decision, not to the sword, but
to the ballot box. If she should decide for herself to abol¬
ish slavery and go with the North, the Confederate govern¬
ment can have no just cause of complaint, for that govern¬
ment had its origin in the doctrine that all its just " powers
are derived from the consent of the governed", and we have
no right to insist on governing a sovereign State, against
lier will. But if she should decide to retain her institu¬
tions and go with the South, as we doubt not she will,when
the question is fairly submitted to her people at the polls,
the Lincoln government must acquiesce, or it must repudi¬
ate and trample upon, the very essential principles, on
which it was founded, and which were carried out in prac¬
tice by the fathers of the Republic, for the first half century
of its existence. *
44
JOURNAL OF THE HOUSE,
What Southern man can object to this mode o .
ment? It is all that South Carolina, Virginia, or o »
claimed when she seceded from the Union. ^ It is 1 »
either has at any tkpe claimed, and all that e^her e
justly claim. And what friend of Southern Indepe
fears the result? What has the Abolition govern men one,
to cause the people of any Southern State, to desire o re¬
verse her decision ; and return inglonously to its embrace.
Are we afraid the people of any seceded State, will desire
to place the State back in the Abolition union ; under the
Lincoln despotism ; after it has devastated their fields, laid
.waste their country, burned their cities, slaughtered their
"sons, and degraded their daughters ? There is no reason for
such fear.
But I may be told that Mr. Lincoln has repudiated this
principle in advance, and that it is idle again to tender a
settlement upon these terms. This is no reason why we
should withhold, the repeated renewal of the proposition.
Let it be made again and again, till the mass of the Northern
people understand it: and Mr. Lincoln can not continue, to
stand before them and the world, stained with the blood of
their sons, their husbands, and their fathers, and insist, when
a proposition so fair is constantly tendered, that thousands
of new victims shall still continue to bleed, to gratify his
abolition fanatacism, satisfy his revenge, and serve his ambi¬
tion, to govern these States, upon the decision of one tenth
of the people in his favor, against the other nvie tenths. Let
the Northern and Southern mind be brought to contem¬
plate this subject in all its magnitude ; and while there may
be extreme men on the Northern side, satisfied with nothing
less than the subjugation of the South, and the confiscation
of our property ; and like extremists on the Southern side,
whose morbid sensibilities are shocked, at the mention of
negotiation, or the renewal of an offer by us for a settle¬
ment upon any terms; I cannot doubt that the cool-headed
thinking men on both sides of the line, who are devoted to
the great principles of self government, and State soverign-
ty, including the scar-covered veterans of the Army, will
finally settle down upon this as the*true solution of the great
problem, which now embarrasses so many millions of peo¬
ple ; and will find the higher truth between the two ex¬
tremes.
If, upon the sober second thought, the public sentiment*
North, sustains the policy of Mr. Lincoln, when he proposes
by the power of the sword, to place the great doctrines of
the Declaration of Independence, and the Constitution nf
his country, under his feet, and proclaims his purpose to
govern these States, by Military power, when he shall have
obtained the consent of one tenth of the governed • how nan
the same public sentiment condemn hii#, if, at the head of
THURSDAY, MARCH 10th, 1864. 45
his vast armies he shall proclaim himself Emperor of the
whole country ; and submit the question to the vote of the
Northern people, and when he has obtained, as'he could ea¬
sily do, the vote of one tenth in his favor, he shall insist on
his right to govern them, as their legitimate sovereign ? If
he is right in principle in the one case, he would unquestion¬
ably be right in the other. If he may rightfully continue
the war against the South to sustain the one, why may he
not as rightfully turn his armies against the North to estab¬
lish the other ?
But the timid among us may say, how are we to meet
and repel his armies, if Mr. Lincoln shall continue to reject
these terms; and shall be sustained by the sentiment of the
North ? as he claims not only the right to govern us, but he
claims the right to take from us all that we have.
The answer is plain. Let every man do his duty; and let
us as a people place our trust in Grod, and we shall certain¬
ly repel his assaults, and achieve our Independence, and if
true to ourselves and to posterity, we shall maintain our
Constitutional liberty also. The achievement of our Inde¬
pendence is a great object; but not greater than the pres¬
ervation of Constitutional liberty.
The good man cannot read the late proclamation of Mr.
Lincoln, without being struck with the resemblance between
it, and a similar one, issued several thousand years ago, by
Ben-hadad, king of Syria. That wicked king, denied in oth¬
ers the right of self-government; and vaunting himself in
numbers, and putting his trust in chariots and bosses, he in¬
vaded Israel, and beseiged Samaria with an overwhelming
force. When the king of Israel, with a small band, resisted
his entrance into the city, the Syrian king sent him this
message : " Thou shalt deliver me thy silver and thy gold,
and thy wives, and thy children ; yet I will send my ser¬
vants unto thee to-morrow, abouUthis time ; and they shall
search thy house, and the houses of thy servants ; and it
shall be, that whatsoever is pleasant in thine eyes, they shall
put in their hands and take it 'away." The king of Israel
consulted the Elders, after receiving this arrogant message,
and replied : '* This thing I may not do." Ben-hadad enra¬
ged at this reply, and confident of his strength, sent back
and said:
" The Gods do so to me, and more also, if the dust of Sa¬
maria shall suffice, for handfuls, for all the people that fol¬
low me". The king of Israel answered and said : " Tell
him, let not him that girdeth on his harness, boast himself
as he that putteth it off'.
The result was, that the small band of Israelites guided by
Jehovah, attacked the Syrian armies, and routed them with
great slaughter ; and upon a second trial of strength, the
Syrian armies were destroyed and their king made captive.
46 JOURNAL OF THE HOUSE,
When Mr. Lincoln, following the example °f
ed king, and relying upon his chariots, and his horsena' '
his vast armies, to sustain a cause equally unjust 5 P* **
to us, that all we have is his, and that he will sen
vants, whose numbers are overwhelming, with arms
hands to take it, and threatens vengeance if we resist; let
us_« Tell him, let not him that girdethon his harness boast
himself as he that putteth it off." The race is not to the
swift, nor the battle to the strong. " God is the judge, he
putteth down one and setteth up another. , .
Not doubting the justice of our cause, let us stand in our
allotted places, and in the name of Him who rules the hosts
of Heaven, and the armies of Earth, let us contiue to strike,
for liberty and independence, and our efforts will ultimately
be crowned with triumphant success.
JOSEPH E. BROWN.
APPENDIX.
ACT OF SIXTEENTH CHARLES I, CHAPTER 10.
This went into operation 1st August, 1641.
An Act for the regulating of the privy council, and for
taking away the Court commonly called the Star-Chamber.
Whereas by the Great Charter many times confirmed in par¬
liament, it is enacted, That no freeman shall be taken or impris¬
oned, or disseized of his freehold or liberties, or fee customs, or be
outlawed, or exiled, or otherwise destroyed ; and that the King will
not pass upon him, or condemn him, but by lawful judgment of his
peers, or by the law of the land.
(2.) And by another statute made in the fifth year of the
reign of King Edward, it is enacted, that no man shall be
attached by any accusation, nor forejudged of life, or limb, nor his
lands, tenements, goods nor chattels seized into the King's hands,
against the form of the G-ri&t Charter and the Law op the
Land ; •
(3.) And by another statute made in the five and twen¬
tieth year of the reign of the same King Edward the Third,
it is accorded, assented, and established, that none shall be
taken by petition, or suggestion made to the King, or to his council,
unless it bo by indictment or presentment of good and lawful
people of the same neighborhood, where such deeds be done, in
due manner, or by process made by writ original at the com¬
mon law ; and that none be put out of his franchise, or freehold
unless he be duly brought in to answer, and forejudged of
the same by the course of the law: And if anything be done
against the same, it shall be redressed, and holden for none. (4^
And by another statute made in the eight and twentieth
year of the reign of the same King Edward the Third it is
amongst other things, enacted, That no man, of what estate
THURSDAY, MARCH 10th, 1864. 47
or condition soever he be, shall be put out of his lands and
tenements, nor taken, nor imprisoned, nor disinherited, without be¬
ing brought in to answer by DUE PROCESS of LAW.
(5) And by another statute made in the two and fortieth year
of the reign of the said King Edward the Third, it*is enac¬
ted, That no man be put to answer without presentment be-1
fore justices or matter of record, or by due process and writ
original, according to the OLD LAW of the land: And if
anything be done to the contrary, it shall be void inlaw and
holden for error. (6) And by another statute in the six and
thirtieth year of the reign of the same King Edward the
Third, it is, amongst other things, Enacted, That all pleas,
which shall be pleaded in any courts, before any of the
King's justices, or in his other places or before any of his
other ministers, or in the courts and places of any other
lords within this realm, shall be entered and enrolled in
Latin. (7) And whereas by the statute made in the third
year of King Henry the Seventh, power is given to the
Chancellor, the lord treasurer of England, for the time be¬
ing, and the keeper of the King's Privy seal, or two of
them, calling unto them a bishop, and a temporal lord of
the King's mo3t honorable council, and the two chief jus¬
tices of the King's bench, and common pleas for the time
being, or other two justices in their absence, to proceed as
in that act is expressed, for the punishment of some particu¬
lar offences therein mentioned. (S) And by the statute
made iu the one and twentieth year of King Henry the
Eighth, the president of the council associated to join with
the lord chancellor, and other judges in the said statute of
the third of Henry the Seventh mentioned. (9) But the
said iudges have not kept themselves to the points limited
by the said statute, but have undertaken to punish where
no law doth warrant, and to make decrees for things, having
no such authority, and to inflict heavier punishments, than by
any law is warranted.
2. And forasmuch as all matters examinable or determin¬
able before the said judges or in the court commonly called
the star-chamber, may. have their proper remedy and redress,
and their due punishment and correction by the common law
of the land, and in the ordinary course of justice elsewhere. (2)
And forasmuch as the reasons and motives, inducing the
erection and continuance of that court do now cease. (3)
And the proceedings, censures, and decrees of that court,
have by experience been found to bean intolerable burthen
to the subject, and the means to introduce an arbitrary pow¬
er and government. (4) And for as much as the council ta¬
ble hath of late times assumed unto itself, a power to inter¬
meddle in civil and matters only of private interest between
party and party; and have ADVEN i'URED to determine of
the estates and liberties of the subjects, contrary to the LAWS of
48 JOURNAL OF THE HOUSE,
the LAND, and the Eights and Privileges of the suhJ*f'*J
which great and manifold mischiefs and inconveniences u^vo
arisen and happened, and much incertainty, by .niea"s Ta
such proceedings, hath been conceived concerning men s
rights and estates; for settling whereof and«Preven mg e
like in time to come, ,
3. Be it ordained and Enacted by the authority of this pres¬
ent parliament, That the said court commonly called the
star-chamber, and all jurisdictions, power and authority, be-
longino- unto, or exercised in the same court, or by any the
judges? officers, or ministers thereof, be from the first day
of August in the year of our Lord God one thousand six
hundred forty and one, CLEARLY and ABSOLUTELY
dissolved, taken away, and determined. (2) And that from the
said first day of August neither the lord chancellor or keep¬
er of the Great seal of England, the lord treasurer of Eng¬
land, the keeper of the King's Privy seal, or president of
the council, nor any bishop, temporal lord, privy counsel¬
lor or judge, or justice whatsoever, shall have any power
or authority to hear, examine or determine any matter or
thing whatsoever, in'thc said court, commonly called the
Star-Chamber,.or to make, pronounce, or deliver any judg¬
ment, sentence, order or decree ; or to do any judicial or
ministerial act in the said court. (-3) And that all and eve-
ery act and acts.of parliament, and all and every article,
clause, and sentence in them, and every, of them, by which
any jurisdiction, power or authority is given, limited or ap¬
pointed unto the said court, commonly called the Star-
Chamber, or unto all, or any of the judges, officers, or min¬
isters thereof, or for any proceedings to b'e had or made in
the said court, or for any matter or thing to be drawn into
question, examined or determined there, shall for so much
as concerneth the said court of Star-Chamber, arid the pow¬
er and authority thereby given unto it, be from the first
day of August REPEALED and ABSOLUTELY REVOK¬
ED and made void.
4. And be it likewise Enacted, That the like jurisdiction
now Used and exercised in the court, before the president
and council in the marches of Wales; (2) And also in the
court, before the president and council established in the
northern ports; (3) And also in the court commonly called
the court of the duchy of Lancaster, held before the chan¬
cellor and council of that court; (4) A,pd also in the court
of Exchequer of the county palatine of Chester, held before the
chamberlain and council of that court; (5) The like iuris-
diction being exercised there, shall, from the said first day
ot August one thousand six hundred fortu-one, be also RE¬
PEALED, and ABSOLUTELY eVoKED,*
Y OlD ; any law, prescription, custom or usage, or the said stat¬
ute made in the third year of King Henry the Seventh, or the
THURSDAY, MARCH 10th, 1864. 49
statute made in the one and twentieth of Henry the Eighth, or
any act or actsoj 'parliament heretofore had or made, to the con¬
trary thereof in any wise notwithstanding. (6) AND THAT «
FROM HENCEFORTH NO court, council or PLACE OF
JUDICATURE, SHALL BE ERECTED, ORDAINED,
CONSTITUTED OR APPOINTED WITHIN THIS
I1EALM OF England, OR DOMINION OF Wales, WHICH
SHALL HAVE, USE, OR EXERCISE THE SAME, OR
THE LIKE JURISDICTION, AS IS OR HATH BEEN
USED, PRACTICED OR EXERCISED IN THE SAID
COURT OF Star-Chamber.
5. Be it likewise declared, and Enacted by the authority
of this present parliament, That neither his MAJESTY,
NOR his PRIVY COUNCIL, HAVE, or OUGHT TO
HAVE any jurisdiction, power or authority, by English bill, 'pe¬
tition, articles, libels, or any other ARBITRARY WAY
WHATSOEVER, to examine or draw into question, determine
or dispose of the lands, tenements, hereditaments, goods or chattels
of any of the subjects of this kingdom ; but that the same ought to
be tried, and determined in the ordinary courts of justice and by
the ordinary course of law.
G. And be it further provided and enacted, that if any lord
chancellor or keeper of the Great seal of England ; lord treas¬
urer, keeper of the king's privy seal, president of the coun¬
cil, bishop, temporal lord, priv}*- counsellor, judge or justice
whatsoever, shall offend, or do anything contrary to the pur
port, true intent, and meaning of this law, then he or they
tor such offence forfeit the sum FIVE HUNDRED POUNDS
of lawful money of England, unto any party grieved, his ex¬
ecutors or administrators, who shall .really prosecute for the
same, and first obtain judgment thereupon to be recovered,
in any Court of record at Westminister, by action of debt, bill,
plaint, or information, wherein no essoign, protection, wa¬
ger of law, aid prayer, p>rivilcge, injunction or order of re¬
straint, shall be IN ANY WISE prayed, granted or allowed, nor
any more than one imparlance. (2) And if any person,
against whom, any such judgment or recovery shall be had
as aforesaid, shall, after such judgment or recovery, offend
ao-a.in, in the same, then he or they for such offence shall
forfeit the sum of ONE THOUSAND POUNDS of lawful
monev of England, unto any party grieved, his executors or
administrators, who shall really prosecute for the same, and
first obtain judgment thereupon, to be recovered in any
court of record at Westminister. b}>- action of debt, bill, plaint,
or information, inwhich no essoign, protection, wager of
law, aid prayer,'privilege, injunction or order of restraint,
shall be IN ANY WISE prayed., granted or allowed; nor any
more than one imparlance. (3) And if any person, against
whom any such second judgment Or recovery shall be had a3
aforesaid, shall after such judgment of recovery offend again
4
50 ' JOURNAL OF TIIE HOUSE,
in the same kind, and shall be thereof duly convicted bJ ^
dictment, information, or any other lawful way °r »
that such person so convicted shall be from
DISABLED, and become, by virtue of this act JLNUARA¬
BLE, ipso facto, to bear his and their said ojfice and offices respec¬
tively. (4) And shall be likewise disabled to make any gift,
o-rant, conveyance, or other disposition, of any of his lands, tene¬
ments, hereditaments, goods or chattels; or to make any benefit of
any gifts, conveyance or legacy, to his own use.
7. And every person so offending, shall likewise profit and
loose to the party grieved, by anything done, contrary to the
true intent and meaning of this law, his trible damages, which
he shall sustain' and be put unto, by means or occasion of
any such act, or thing done ; the same to be recovered in
any of his Majesty's courts of record at Westminister, by ac¬
tion of debt, bill, plaint, or information, wnerein no essoign,
protection, wager of law, aid prayer, privilege, injunction,
or order of restraint, shall be IN ANY WISE prayed, granted
or allowed, nor any more than one imparlance.
8. And be it also provided and enacted, That if any per¬
son shall hereafter be committed, restrained of his liberty,or
suffer imprisonment, by the order or decree of any such court
of star-chamber, or other court aforesaid, now, or at any
time hereafter, having, or pretending to have, the same, or
like jurisdiction, power or authority, to commit or imprison
as aforesaid; (2) Or by the command or warrant of the
"king's Majesty, his heirs and successors in their own person; or
by the command or warrant of the council-board ; or of any
of the lords, or others of his Majesty's privy council; (3) That in
every such case, every person so committed, restrained of his
liberty, or suffering imprisonment, upon demands or motion
made by his counsel, or other employed by him for that pur¬
pose, unto the Judges of the court of king's bench, or com¬
mon pleas, in open court, shall, without delay, upon any
pretence whatsoever, for the ordinary fees usually paid for
the same, have forthwith granted unto him a writ of habeas
corpus, to be directed generally unto all and every sheriff,
gaoler, minister, officer, or other person, in whose custody
the person committed or restrained, shall be. (4) And the
sheriffs, gaoler, minister, officer, or other person, in whose
custody the person so committed or restrained shall be, shall,
at the return of the said writ and according to the command
thereof, upon due and convenient notice thereof, given unto
him, at the charge of the party who requireth or prosecuteth
Bueh writ, and upon security by his own bond given to pay
the charge of carrying back the prisoner, if he shall be re¬
manded by the court to which he shall be brought • as in
like cases hath befen used; such charges of bringing ur> and
carrying back the prisoner, to be always ordered by theonnrt
if any differance shall arise thereabout; bring or cause to be
THURSDAY, MARCH 10th, 1864.
51
brought, the body of the said party so committed or restrain¬
ed, unto and before the Judges or justices of the said court,
from whence the same writ shall issue, in open court. (6)
And shall then likewise certify the true cause of such, hisefe-
airier,or imprisonment,and thereupon the court, within three
court days after such return, made and delivered in open
court, shall proceed to examine and determine, whether the
cause of such commitment, appearing upon the said return,
be just and legal or not, and shall thereupon do what to
JUSTICE SHALL APPERTAIN, either by delivering,
bailing, or remanding the prisoner. (6) And if anything
shall be otherwise wilfully done, or omitted to be done by
any judge, justice, officer or other person afore-mentioned,
contrary to the directions and true meaning hereof, then
such persons so offending shall forfeit to the-party grieved, his
Able damages to be recovered by such means, and in such
nan tier as is formerly in this act, limited and appointed, for
he like penalty to be sued for and recovered.
9. Provided always, and be it enacted, That this act and
;he several clauses therein contained shall be taken and ex-
jounded to extend only to the court of STAR-CHAMBER;
2) And to the said court-holden before the president and
•oun'cil in the marches of Wales ; (3) And before the president
md council in the Northern ports ; (4) And also to the court
jommonly called the court of the duchy of Lancaster holden
>efore tne chancellor and council of that court; (5) And also,
n the court of Exchequer, of the county palatine cf Chester,
leld before the chamberlain and council of that court; (6)
A.nd to all courts of like jurisdiction to be hereafter erected, or-
lained, constituted, or appointed, as aforesaid; and to the
warrants and directions of the council-board, a nd to the com¬
mitments, restraints and imprisonments of any person or persons,
made, commanded or awarded by the king's Majesty, his heirs
or sitcccssors, in their own person, or by the lords, and others oj
ihe privy council, and every one of them.
And lastly, provided and be it enacted, That no person or
persons shall be sued, impleaded, molested or troubled, for
any offence against this present act, unless the party suppos¬
ed to have so offended, shall be sued, or impleaded for the
same, within (wo years, at the most, after such time, wherein
the said offence shall be'committed.
On motion, 500 copies of the Governor's Message was or¬
dered to be printed for the use of the House of Representa¬
tives.
On motion, the rule was suspended, when Mr. Stephens
of Hancock, offered Resolutions declaring the ground on
which the Confederate States stand in this war, and the
terms on which peace ought to be offered to the enemy.
Also a Preamble and Resolution, on the Suspension of the
62
JOURNAL OF THE HOUSE,
Habeas Corpus, which were read and 200 copies of each or¬
dered to be printed for the use of the House.
Mr. Adams of Clark, offered the following Resolution
which was read and adopted, to-wit: .
Resolved, That our Senators and Representatives in Con¬
gress, be requested to use their influence, to have a Week¬
ly Mail line, between Jefferson, in Jackson county, and
Gainesville, in Hall county, and that the Governor cause a
copy of this Resolution to be lorwarded to each of our Sen¬
ators and Representatives.
(}reen of Cobb, introduced a bill, to be entitled an
act, to amend An act, assented to December 12, 1863, au¬
thorizing the Governor to issue State Treasury Noles, pay¬
able in Confederate State Treasury Notes, for the purpose
of anticipating th« taxes and paying the appropriations for
1864.
Also a bill to be entitled an act, to reduce the Bonds of
the Receivers of Tax Returns and Tax Collectors of this
State, and to repeal so much of the 14th Section of the-
Code, as limits the number of Securities on said Bonds ta
five.
On^ motion of Mr. Dever of Polk, the House adjourned
until 9 o'clock to-morrow morning.
FRIDAY, MARCH 11TH, 1SS4. >
9 O'clock, a. m. j
The House met pursuant to adjournment.
Prayer by the Rev. Mr. Flinn.
The Clerk proceeded to call the roll of counties, when—
Mr. Holt of Bibb, reported a bill to be entitled an act, to
admit Copy Deeds, &c., in evidence when the original are
in the United States.
Mr. Hardeman of Bibb, reported a resolution in reference
to taxation.
Mr. Graham of Clay, reported a bill to be entitled an act
to incorporate the town of Fort Gaines, &c.
Mr. Rambo of Floyd, offered resolutions in memory of
the Hon. Walton Camp.
Mr. Gartrell of Cobb, offered the following resolution r
Rcsoivcdj lhat so much of the Governor's Message, as re*
late#, to th-*' Currency act of Congress, be referred to the
commitL . on Finance.—That so mucli as refers to the late
,1. . uA-, be referred to the Military committee
Vlia'; so much as refers to the act of Congress, suspending
of ELbeas Corpus, in certain cased, bo referred tS
FRIDAY, MARCH 11th,' 1864.'
53
the Judiciary committee, and that so much as refers to the
war, and the terms upon which peace should be sought, re¬
ferred to the commitee on the State of the Republic, and
these committees respectively report by bill or otherwise.
On motion, the rule was suspended, and said resolution
takenp uand adopted.
^r* Starke of Elbert, reported a bill to be entitled an act
to indemnify Executors, Administrators, Guardians and
Trustees and agents, against loss in the depreciation of the
currency.
^r. Langston of Franklin, reported a bill to be entitled
an act, to increase the-fees of certain Judicial officers of this
State.
Mr. Ezzard of Fulton, reported a bill to be entitled an act
to provide more effectually, for the support of the citizens
of certain destitute counties of this State, and of disabled
and indigent soldiers, their families, widows and orphans,
and for other purposes.
Mr. Elam of Marion, reported a bill to be entitled an act
to fund without an order, all Confederate Treasury notes in
four per cent Bonds, by Administrators, Executors, Guard¬
ians and Trustees, and to legalize the same.
Also, a bill to be entitled an act to tax the sale of liquors
and to prescribe how the same shall be sold, and to punish
for a violation of the same.
Mr. Dever of Polk, reported a bill to be entitled an act
to authorize Administrators, Executors and Guardians, to
invest in Confederate States four percent Bonds.
Mr. Reid of Wilcox, reported a bill to be entitled an act
to appropriate the sum of four hundred and eighteen dol¬
lars, for the common School fund, in the county of Wilcox,
for the year 1863.
Mr. Moore of Thomas, offered a resolution, referring cer¬
tain portions of the Governor's Message, to Select and
Standing committees—which was taken up, read and adop¬
ted, and the committees appointed under said resolution, are
as follows :
On that portion relative to slaves escaping to the enemy:
Messrs. Wallace, Grant, Carlton, Jackson of Clark, Bra¬
dy, Graham and Gue of Chatham.
On Relief fund—Messrs. Moore of Thomas, Rambo, Bar¬
clay, Wood, Manson, Davenport and McDaniel.
Mr. Hall of Butts, reported a bill to be entitled an act to
incorporate the Ocmulgee River Rail Road and for other
purposes.
Mr. Barnes of Richmond, reported a bill to be entitled an
act for the relief of the Receivers and Collectors, of the
counties of Richmond, Chatham, Muscogee, Bibb, Decatur
and Fulton, for the year 1863.
Mr. Wright of Coweta, reported a bill to be entitled an
54 JOURNAL OF THE HOUSE,
act to require the Rail Road companies of this State, to
keep water and lights in the Cars for passengers, on ineir
respective trains. , ,
Mr. Adams of Clark, reported a bill to be entitled an act
for the relief of Daniel Mahoney of Clark county.
" The bill to be entitled an act to reduce the Bonds ot the
Receivers of Tax Returns and Tax Collectors of this State,
and to repeal so much of the 14th Section of the Code, as
limits the number of securities on said Bonds——was read
the 2d time and referred to the committee on Finance.
Also, the bill to be entitled an act to amend an act, as¬
sented to December 12th, 1S63—authorizing the Governor
to issue State Treasury notes, for the purpose of anticipa¬
ting the Taxes and paying the appropriations for 1S64.
Mr. Barnes of Richmond, reported a bill to be entitled an
act to incorporate the Augusta and Columbia Rail Road
Company.
Mr. Moore of Thomas, reported a bill to be entitled an
act to amend the several Tax Laws of this State, ard for
other purposes.
Mr. Gue of Chatham, reported a bill to be entitled an act
prescribing an Oath for Tax-payers—assented to Decem¬
ber 14th, 1863.
Mr. Adams of Clark, reported a bill to be entitled an act
to exempt certain persons from service in the Militia of the
State of Georgia.
Mr. Moore of Thomas, reported a bill to be entitled an
act to repeal the 181st and 183rd Sections of the Code of
this State.
Leave of absence, was granted to Mr. Cook of Irwin, for
a few days, to enable him to visit his family.
Also, to Mr. Hall of Butts, for a few days, on important
business.
Mr. Philips of Meriwether, offered the following resolu¬
tion, to-wit: ' 9
Resolved, That this House do confine its legislative action,,
exclusively to the business presented to their consideration
by the Governor of this State, by message or otherwise.
On motion, said resolution was taken up—when Mr. Ad¬
ams of Clark, offered the following a® a substitute. •
That the unfinished business oi the last Session, shall not
be taken up for action—which substitute was received and
adopted. •
Mr. Matthews of Oglethorpe, offered the following reso¬
lution—which was taken up, read and adopted :
, ^ ™'J fl ??ueral Howe11 Cobb> be invited to
» «e.t on this floor, and that a committee of three, be ap-
pointed to inform General Cobb, of its action. P
committee, under said resolution—are Messrs Mat¬
thews, Adams and Gue of Chatham.
On motion, the resolution relative to the death ©f the
SATURDAY, MARCH 12TH, 1864. 55
Hon. Walton Gamp, was taken up—when Mr. McDonald
of Banks, moved to amend by inserting the Hon. Samuel L.
Taylor of Dawson,—which amendment was agreed to, and
said resolution as amended, adopted and is as follows:
Whereas, Since the last Session of this body, the Hon.
Walton Camp, one of the Representatives from the county
of Gwinnett, and the Hon. Samuel L. Taylor, Representa¬
tive of the county of Dawsoo, have departed this life.—
Therefore in token of respect for their memory—
Be it Resolved, That we hereby tender to the families and
friends of the deceased, our sincere sympathy and condo¬
lence, in this their sad bereavement, and that the members
of this House, wear the usual badge of mourning for .thirty
days.
Mr. Wright of Coweta, offered the following resolution,
which was taken up, read and adopted:
Resolved, That there be printed for the use of the House,
200 copies each of the late laws of Congress, upon the sub¬
ject of the currency—the Habeas Corpus—the Military and
the Tax, and that said laws be printed all together.
On motion of Mr. Moore, the House adjourned until 10
o'clock, to-morrow morning.
SATURDAY, MARCH 12th, 1864. >
10 O'clock, a. m. >
The House met pursuant to adjournment.
Prayer by the Rev. Mr. Worley.
Mr. Moore, Chairman of the committee on Finance sub¬
mitted the following report:
Mr. Speaker.—The Joint Standing Committee on Fi¬
nance have had under consideration, that portion of the
Message of his Excellency the Governor, relative to fund¬
ing the Confederate notes which may remain in the State
Treasury or may be in the hands of any financial agents,
and direct me to report for adoption by the House the fol¬
lowing joint resolution, viz :
The General Assembly of the State of Georgia do re¬
solve : That His Excellency the Governor be and he is
hereby authorized to have funded in the six per cent bonds
provided for by the Act of Congress, all Confederate notes
which may remain in the Treasury, or may be in the hands
of the financial agents of the State, after the first day of
April next, and to sell aud dispose of such bonds at their
market value in currency which can be made available in
payments to be made by the Treasury and to credit the
56 . JOURNAL OF THE HOUSE,
Treasurer with any losses that may accrue by reason of the
failure of the bonds to bring their par value when sold.
BEN. B. MOORE, Cha'n House.
Mr. Moore, Chairman of the Finance Committee, made
the following report:
I, Mr. Speaker.—The joint standing Committee on Fi¬
nance, have had "the bill to be entitled an act to reduce
the bonds of the Receivers of Tax Returns and Tax Collectors
of this State, and to amend the 146th section of the Code
as limits the number of Securities on said bonds to
five," under consideration, and propose to amend it by
striking out the third section and substituting therefor the
following to-vvit:
Be it further enacted, That the 146th Section of the
Code of Georgia be amended by striking out the word five
and inserting ten, so as to make it read, "such bonds shall
not be approved by the approving officers, unless they have
at least two good and solvent sureties, and not more than
ten," and with that amendment recommend the passage of
the bill.
Also a bill to be entitled an act to amend an act assent¬
ed to Dec. 12th, 1S63, authorizing the Governor to issue
State Treasury notes, payable in Confederate States Treas¬
ury jpotes for the. purpose of anticipating the taxes and pay¬
ing the appropriations for 1864, and propose to amend by
striking out all of the first section alter word "form" and
insert in lieu thereof the following to-wit: "The State of
Georgia will pay the bearer dollars at her Treas¬
ury on the 25th day of December next in Confederate
Treasury notes issued after the 1st of April 1S64, if pre¬
sented within three months after maturity, otherwise not
redeemable except in payment of public dues." And with
this amendment do recommend the bill be passed.
B. B. MOORE, Chairman.
The House took up the report of the committee on the
bill to be entitled an act to reduce the bonds of the Re¬
ceivers of Tax returns and Tax Collectors in this State, and
to repeal so much of the lGlst section of the Code as limits
the number of securities on said bonds to five.
The report of the committee was agreed to, the bill was
read the third time and passed, and ordered to be sent
forthwith to the Senate.
vmhe House .took UP the report of the committee on the
billl to be entitled an act to amend an act assented to Dec.
12th, 1863, authorizing the Governor to issue Treasury
notes payable in Confederate States Treasury notes for the
For'lSM tidpatlDg the tMeS Pay'DSthe Wopriations
Mr. Deverof Polk, offered the following amendment •
SATURDAY, MARCH 12TH, 1864.
57
Provided, that the Governor shall in no case issue any
new Treasury notes if he can borrow Confederate Treasury
notes below the denomination of one hundred dollars, in
sufficient quantity to meet the demands of the Stat$ at
thirty-three and one-third per cent, discount and in case he
cannot'borrow all the money of the kind and at the rate speci¬
fied, then he may issue State Treasury notes to make up
the deficit, which amendment was lost.
On motion of Mr. Adams, of Clarke, the further considera¬
tion of said bill was postponed until 10 o'clock Monday
morning next.
Mr, Matthews of Oglethorpe, offered a resolution ten¬
dering the use of the Representative Hall to the Hon.
Howell Cobb, to deliver an address on to-night, which
resolution was taken up and adopted.
The following bills were read the 2nd time and referred
to the committee on the Judiciary, to-wit:
A bill to indemnify Executors, Administrators, Guardians
and Agents against loss in the depreciation of the currency.
Also a bill to be entitled an act to admit in evidence
copy deeds, &c., when the originals are in the United
States.
Also a bill to be entitled an act to provide more effect¬
ually for the support of the citizens of certain destitute
counties of this State, and of indigent and disabled sol¬
diers, their families, widows and orphans, and for other
purposes.
The following message was received from th e Senate
through Mr. Styles, their Secretary pro tern, to-wit:
Mr: Speaker.—The Senate has concurred in the House
resolution, requesting our Senators and Representatives in
Congress to use their influence to have a tri-weekly mail
run between Jefferson in Jackson county, and Gainesville
in Hall county.
The following message was received from the Senate by
Mr. Styles, their Secretary, pro tem :
Mr. Speaker.—The Senate has adopted a resolution au¬
thorizing the Governor to purchase wagons and teams for
the transportation of corn from the Rail Road to indigent
soldiers' families, in which theygask the concurrence ot the
House, and I am instructed to transmit the same to the
House of Representatives.
The following bills were read the 2d time and commit¬
ted for a 3rd reading to-wit:
A bill to be entitled an act to incorporate the town of
Fort Gaines.
Also a bill to be entitled an act to fund without an order
43
JOURNAL OF THE HOUSE.
Confederate Treasury notes in four per cent bonds wi o
an order by Executors, Administrators, Guardians an
Trustees, and to legalize the same.
Also a bill to be entitled an act to authorize Executors,
Administrators and Guardians to vest in Confederate otates
four per cent bonds. . „ „
Also a bill to be entitled an act to increase the tees 01
certain Judicial officers.
Also a bill be entitled an act for the relief of the Tax
Receivers and Collectors of the counties of Richmond,
Chatham, Muscogee, Bibb, Decatur and Fulton, for the
year 1863.
Also a bill to be entitled an act to incorporate the
Ocmulgee River Rail Road and for other purposes therein
mentioned.
Also a bill to be entitled an act to require the Rail Road
Companies of this State to keep water and lights in the
cars for passertgers on their respective trains.
Also a bill to be entitled an act to tax the sale of Liquors
and to prescribe how the same shall be sold and to pun¬
ish for a violation of the same.
Also a bill to be entitled an act to exempt certain per¬
sons from service in the militia of the State of Georgia.
Also a bill to be entitled an act for the relief of Daniel
Mahoney, of Clarke county.
Also a bill to be entitled an act to incorporate the Co¬
lumbia and Augusta Rail Road Company.
Also a bill to be entitled an act to amend the several tax
laws of this State.
1 Also a bill to ba entitled an act to repeal the 181st and
183d sections of the Code.
The following bills were read the 2nd time and referred
to the committee on Finance to-wit:
A bill to repeal an act prescribing an oath for.tax pay¬
ers, assented to Dec. 14th 1863.
Also a bill to be entitled an act to appropriate the sum
of four hundred and eighteen dollars for the common school
fund in the county of Wilcox, for the year 1863.
The House took-up the resolution in reference to taxa¬
tion, which was read and adopted.
The resolutions declaring the ground on which the Con¬
federate States stand in this war, and the terms on which
peace ought to be offered to the enemy, which was on mo¬
tion referred to the committee on the State of the Repub-
The House took up the resolution on the suspension of
the Habeas Corpus, which was referred to the com mitten on
the Judiciary. ou
MONDAY, MARCH. 14th, 1864. 5*
The House took up the resolutions from the Senate au¬
thorizing the Governor to purchase wagons and teams for
the transportation of corn from the Rail Roads to indigent
soldiers' families, which on motion was referred to the com¬
mittee on Transportation.
Mr. Burts of Chattahoochee, offered resolutions instruct¬
ing the committee on education to report a bill establish¬
ing free schools in this State, which was read and adopted.
Mr. Wallace of Taylor, introduced a bill to be entitled
an act to repeal an act to levy and collect a tax on the nett
income and profits of persons and Corporate bodies, &c.
Mr. Fraser of Liberty, introduced a bill for the relief of
Trustees.
Mr. Russell of Chatham, introduced a bill to amend the
1741st section of the Code of Georgia.
Mr. Hall of Butts, reported a bill to be entitled an act
to change the line, between the counties of Butts and Mon¬
roe, so as to include the residence of Archabald W. Tanner,
in the county of Monroe.
Mr. Barclay of Habersham, reported a bill to be entitled
an act for the relief of the citizens of Habersham county,
and for transporting supplies.
Mr. Ezzard of Fulton, reported a resolution requiring tax
payers to give in and Receivers of Tax Returns to enter on
the Tax Digest the number of pounds of hogs slaughtered,
and the number.of bushels of wheat and corn made by said
tax payers in the year 1863.
Leave of absence was granted to Mr. Edwards of Pauld¬
ing, from the commencement of the session until Tuesday*
next, to Messrs. Ezzard of Fulton, and Gilmore of Wash¬
ington, for a few days on important business.
On motion of Mr. Moore, the House adjourned until 10
o'clock Monday morning next.
MONDAY, MARCH 14th, 1864. >
10 o'clock, a. m. 5
The House met pursuant to adjournment.
Prayer by the Rev. Mr. Flinn.
Mr. Stephens of Hancock moved to reconsider so much
of the Journal of Saturday as relates to the adoption of the
resolution requiring the committee on Education to report
a bill establishing free Schools, in this State—which motion
prevailed.
60 JOURNAL OF THE HOUSE,
On motion of Mr. Matthews of Oglethorpe, the rule was
suspended, when he introduced the following resolution.
Resolved, That the use of this Hall be granted to Won.
A. H. Kenan, to deliver an address on the State of the coun¬
try ; which, on motion, was taken up read and adopted.
The following Message was received from the Senate, by
Mr. Kenan, their Secretary :
Mr. Speaker:—The Senate has adopted a resolution in
relation to the adjournment of the present Session, in which
thev ask. the concurrence of the House of Representatives,
and" I am directed to transmit the same at once to the House
of Representatives.
Mr. Gartrell, Chairman of the committee on Enrollment,
reported as duly enrolled and ready for the signatures of the
Speaker of the House of Representatives, and President of
the Senate,
A resolution requesting our Senators and Representatives
in Congress, to use tlieir influence to have a tri-weekly mail
run between Jefferson, in Jackson county, and Gainesville
in Hall county.
Mr. Stewart of Newton offered the following resolution,
which was taken up, read and adopted, to-wit:
Resolved, That the Hon. L. Q. C. Lamar, of Mississippi,
be tendered a seat on this floor, during his sojourn in this
city.
Leave of absence was granted to Mr. Kines of Bryan, and
Mr. Jones of Burke, for a few days, on important business.
Mr. Barnes of Richmond, reported a bill to be entitled an
act to incorporate the direct Trade and Exchange company
of Georgia, and for other purposes.
Mr. Overstreet of Emanuel offered a resolution looking to
the adjournment o*f the General Assembly, on Saturday
next.
*
Mr. Kennedy of Talbot offered a resolution requesting
the Governor to furnish members and officers of the General
Assembly, with a copy each, of the Acts and Journals.
Mr. Dever of Polk, reported resolutions authorizing the
Governor to put in operation, one or more machines for the
manufacture of dotton cards, at Cartersville, or some other
point on the Western & Atlantic Rail Road.
Mr. Matthews of Oglethorpe, reported a bill to be enti¬
tled ail act to amend an act entitled an act to re organize
the Militia of the State of Georgia, Approved Dec'r 14th
MONDAY, MARCH 14th, 1864. 6i
Mr. Jackson of Whitfield, reported a bill to be entitled an
act to extend the time of county officers filing their bonds
and taking out commissions.
Mr. Rambo, of Floyd, offered resolutions of complaint
against the commissioners appointed by authority of the
Confederate Government, to set prices in this State.
Mr. Adams, of Clark, reported a bill to be entitled an act
to amend an act to provide for raising revenue for the polit¬
ical year LS64, and for other purposes, assented to Dec'r
12th, 186-3.
Mr. Hill, of Dougherty, offered resolutions relative to the
recent acts of Congress.
Mr. Wright, of Coweta, offered resolutions relative to
the recent acts of Congress.
Mr. Russell, of Muscogee, offered resolutions relative to
the suspension of habeas corpus.
Mr. Carswell, of Jefferson, reported a bill to be entitled
an act to require the reporter of the Supreme Court to pub¬
lish the decisions of the Supreme Court, in pamphlet form.
Mr. Elam, of Marion, reported a bill to be entitled an act
to define what is not a violation of the act assented to 11th
Dec'r, 1862, as to planting cotton.
Mr. Barnes, of Richmond, reported a bill to be entitled
an act to exempt from taxation, cotton and other property >
owned by the Confederate States Government, in this State.
Mr. Wiggins, of Wayne, reported a bill to be entitled an
act to authorize Thos. S. Hopkins to administer upon the
estate of Scott C. Gignilleat, in the county of Brooks.
Mr. Horsely, of Upson, reported a bill to be entitled an
act exempting county Treasurers from Militia duty.
Mr, Robinson, of Gwinuett, reported a bill to be entitled
an act to provide for the payment of accounts, for the treat¬
ing and nursing small pox cases, in this State.
Mr. Hardeman, of Bibb, presented a petition from the
^Trustees of the Georgia Academy for the Blind, asking for
an appropriation to re-cover the building, &c., which was
read and referred to committee on Finance.
Mr. Jones, of Burke, reported a bill to be entitled an act
to prevent the obstructing of rivers, creeks, and other streams
by fish traps and other obstructions.
Also, a bill to be entitled an act for the relief and protec¬
tion of Administrators, Executors, Guardians and Trustees.
Mr. Trammell, of Catoosa, reported a bill to be entitled
*n act to repeal an act entitled an act to amend the charter
62
JOURNAL OF THE HOUSE,
of the Macon & Western Rail Road Company, assented to
Dec'r 14th, 1863.
Mr. Burts, of Chattahoochee, offered resolutions request¬
ing the Governor to transfer or disband the two Regiments
of State Troops.
Also, resolutions approving the action of Congress, in
suspending the, writ of habeas corpus in the enactment of a
' new Currency, Tax, and« Military bills.
Mr. Moore offered resolutions for the settlement of Tax
fifas, vs. H. P. Livingston, of the coUnty of Clinch, and R.
N. McCrosky, of the county of Fulton.
Mr. Stephens, Chairman of the Judiciary Committee,
made the following report:
The committee have had under consideration the follow¬
ing bill, and submit their report, as follows :
A bill to be entitled an act to provide more effectually for
the support of the citizens of certain „destitute counties
of this State, and of indigent and disabled soldiers,
their families, widows and orphans, and for o*ther
purposes. The committee report this bill back to
the House with amendments; first, by striking out in
the twentieth line of the first section, the words, ua full and
equitable compensation," and inserting in lieu thereof, the
words, "the market price." Also, in the second section, by
striking out the words in the fifth line, "a just compensa¬
tion," and inserting therefor, "the market price," and with
these amendments,the committee recommend the bill do pass.
LINTON STEPHENS, Chairman,
Judiciary Committee.
Mr. Wallace submitted the following report:
The committee, to whom was referred that portion of the
Message of His Excellency, in reference to slaves escaping
to the enemy, beg leave to report:
That they have had the same tinker consideration, and
while they regard it as unwise for the owners of slaves to
keep them in such close proximity to the enemy, as to ren¬
der their escape easy and probable, still they are not prepar¬
ed to recommend the passage of any law, to compel their
removal, or cause their forfeiture to the State ; believing, al
they do, that such a law would be unconstitutional, and an-
unjustifiable interference with private property.
Your committee therefore asks to be relieved from the
further consideration of this subject.
W. S. WALLACE, Chairman.
Mr. Rambo, of Floyd, reported a bill to be entitled an
act supplemental to an act assented to Dec'r 14th, 1863 to
provide for raising revenue for the political year 1864 and
to appropnate money for the support of Government, during-
MONDAY, MARCH 14TH, 1864. 63
said year, and make certain special appropriations, and
for other purposes.
Mr. Wallace, of Taylor, reported a bill to be entitled an
act to disfranchise and decitizenize all persons who desert
from the Confederate States army, and go to the enemy, or
who shall leave the Confederate States without leave, and
go to the United States, or any other foreign Country, for
the purpose of avoiding service in the Confederate States
army.
The House took up the report of the Committee on Fi¬
nance, on the bill to be entitled an act to amend an act as¬
sented to Dec'r 12th, 1SG3, authorizing the Governor to is¬
sue State Treasury notes, payable in Confederate States
Treasury notes, for'the purpose of anticipating the Taxes,
and paying the appropriations, for 1864.
The amendments proposed by the Finance committee
were agreed to.
Mr Adams, of Clark, offered as a substitute for said bill,
a bill to be entitled an act to amend an act to provide for
raisirg revenue for the political year 1864, and for other
purposes, assented to Dec'r 12th, 1S63, which substitute
was lost.
Mr. Rambo, of Floyd, offered the following amendment,
to the original bill, to-wit:
And be it further enacted, that so much of the first sec¬
tion of an act to provide for raising a revenue for the politi¬
cal year 1864, and for other purposes, assented t© Dec'r 12th,
1863, as authorizes the Governor and Comptroller General
to assess one per cent, be amended so as to read one-half of
one per cent.
On the question of agreeing to said amendment the yeas
and nays were required to be recorded, and resulted in yeas
64, and nays 63,*
Those who voted in the affirmative, are Messrs.
Adams, Corbin, Hooper,
Awtry, Crawford, Hundley,
Barnes, Dever, Jackson of Clark,
Bell, of Jackson, Elam, Johnson of Spald-
Beall, of Randolph,Gartrell, ing,
Blake, Grant, Kennedy,
Brady, Green, Kimbrough,
Brewster, Gresham of Greene,Leonard,
Brock, Grogan, Lovel,
Brown of Washing-Hawkins of Forsyth,Matthews of Ogle-
ton, Hawkins of Ogle- thorpe,
Carlton, * thorpe, McDaniel,
Carter of Appling, Hiers, McDonald of Banks,
Collins, Hill,
64
McDonald of
Lowndes,
McKenney,
Hiller,
Oakes,
Ogletree,
Phillips of
wether,
Poole,
Rambo,
JOURNAL OF THE HOUSE,
Rhodes,
Robinson,
Roper
Smith of Tattnall,
Smith of Walton,
Stewart,
Russell of Chatham,Sutton,
Scruggs,
Selman,
Merri-Shockley
son,
Simms,
Tomlinson,
Underwood,
of Jack-Wiggins,
Williams,
Zeigler,
Smith of Berrien,
Those who voted in the negative are Messrs.
Barclay, Hawkins of Bald-Overstreet of Eman-
of
Lin- win,
Holt,
Home,
Horsley,
Huggins
Bark'sdale
coin,
Barksdale of
Wilkes,
Berry,
Brown of Houston, Hunter,
Brown of Stewart, Jones of Newton
Bryan of Quitman, Kirby,
Burney, Lang,
Burts, Langston,
Carswell, Lawhon,
Carter of Stewart, Lemonds,
Love,
Davenport,
Davis,
Dixon,
Dubose,
Fleming,
Fowler,
Eraser,
Gay of Early,
Cue of Chatham,
Graham,
Hawes,
uel,
Parsons,
Pittman,
Rawlston,
Reid," •
Reese,
Roberts of Calhoun,
Roberts of Miller,
R u ssell of M u scogee,
Sharp e,
Shockley of Colum¬
bia,
Starke, *
Stephens,
Manson,
Matthews of Scriv-Trammell,
en, Wallace,
McCurry, Warren,
McDonald of Thom-Whitehead,
as, Wilson,
Moore, Wood,
Mitchell of Pike, Worley,
Mitchell of Pulaski,
Nicholson,
Nays 63 ; yeas 64. So the amendment was agreed to.
The report of the committee as amended, was agreed to,
the bill was read the third time and passed, and ordered to
be sent forthwith to the Senate.
The IIou§e took up the report of the committee on the
bill to be en.titled an act to admit copy Deeds, &c., in evi¬
dence, when the originals are in the United States, for whic.li
the Judiciary had reported as a substitute a bill to be enti¬
tled an act to admit copies of deeds and other instruments
in writing, in evidence, when the originals are in the United
States.
The report of the committee ^as agreed to, the bill was
Tead the third time an J passed.
MONDAY, MARCH 14th, 1864.
65
Mr. Moore, Chairman of the special • committee, made
the following report:
Mr. Speaker:—The special committee, to whom was re¬
ferred that portion of the Governor's Message relative to the
Relief Fund for Soldier's families, have had the same under
consideration, and beg leave to report a bill to be entitled
an act to authorize the appointment of county commission¬
ers, in certain cases, and for other purposes, as in their judg¬
ment, the best mode of correcting the evil complained of b]r
His Excellency.
BEN. B. MOORE, Chairman.
Which bill was read the first time.
The House took up the report of the committee on the
bill to be entitled an act to increase the fees of certain Ju¬
dicial officers, of this State.
Mr. Langston, of Franklin, offered the following amend¬
ment; insert after the words, 'clerks of Inferior Court,' the
■ words, 'the Clerk of the Supreme Court, and all Clerks of
city Courts,' which amendment was lost.
The report of the committee was agreed to, the bill was
read the third time, and on its passage, the yeas and nays
were required to be recorded, and resulted in yeas 53 and
nays 7).
Those who voted in the affirmative are Messrs.
Adams, Hawkins of Bald-McDonald of Thom-
Barclay,
win,
as,
Barnes,
Hiers.
Mitchell of Pulaski,
Bell of Jackson,
Hill,
Pittman,
Beall of Randolph, Holt,
Rhodes,
Brown of Washing-Hooper,
Roberts of Miller,
ton, -
Horseley,
Roper,
Burch,
Hundley,
Russell of Chatham,
Burts,
Hunter,
Russell of Muscogee,
Carlton,
Jackson of Clark,
Scruggs,
Cars well,
Jones of Newton",
Selman,
Crawford,
Kirby,
Sim ms,
Dixon,
Langston,
Starke,
Dubose,
Leonard,
Stephens,
Dwinell,
Manson,
Stewart,
Elam,
Matthews of Ogle-Wallace,
Fraser,
thorpe,
Whitehead,
Gay of Early,
McDonald of
Wilson,
Groves,
Lowndes,
Wright,
llawes,
Those who voted in the negative are Messrs.
Awtry, Barksdale of Blake,
Barksdale of Lin- Wilkes, Brady,
coin, Berry, Brewster,
5
66
JOURNAL OF THE HOUSE,
Brock, Kennedy,
Brown of Houston, Kimbrough,
Brown of Stewart, Lang,
Bryan of Quitman, Lawhon,
Buruey, Lemonds,
Carter of Appling, Love,
Carter of Stewart, Lovel,
Collins,
Corbin,
Davenport,
Davis,
Dever,
Fleming,
Fowler,
Gartrell,
Graham,
Grant,
Green,
Grogan,
Matthews
en,
McCurry,
McDaniel,
Reid,
Reese,
Robinson,
Sharpe,
Shockley of Colum¬
bia,
Shockley of Jack-
of Scriv- son,
Smith of Berrien,
Smith of Tattnall,
Smith ©f Walton,
McDonald of Banks,Sutton,
McKenney, Taylor,
Miller, Tomlinson,
Moore, Underwood,
Mitchell of Pike, Warren,
Nicholson, Williams,'
Oakes, Wood,
# Ogletree, Worley,
Hawkins of Forsyth, Overstreet ofEman-Zeigler,
Hawkins of Ogle- uel,
thorpe, Phillips of Merri-
Horne, wether,
Huggins, Poole,
Johnson of Spald-Rambo,
ing, Rawlston,
Yeas 53; Nays 71. So the bill was lost.
The House took up the report of the committee on the
bill to be entitled an act to amend an act entitled an act to
incorporate the town of Fort Gaines.
The report of the committee wTas agreed to, the bill was
read the third time and passed.
On motion the House adjourned until -3 o'clock, P. M.
3 o'clock, P. M.
The House met pursuant to adjournment.
The House took up the report of the committee on the
bill to be entitled an act to provide more effectually for the
support of the citizens of certain destitute counties of this
State, and of indigent disabled soldiers, their families, wid¬
ows and orphans, and for other purposes.
On motion of Mr. Hill of Dougherty, the bill was taken
up by sections.
MONDAY, MARCH 14TH, 1864.
07
The amendment to the first section proposed by the Ju¬
diciary committee, was agreed to.
Mr. Long of Troup moved to strike out the first section,
which motion prevailed.
The second and third section wen^disagreed to.
Mr. Devev of Polk moved to lay the bill on the table for
the present, which motion was lost.
Mr. Hill of Dougherty moved the indefinite postpone¬
ment of the bill, upon which motion, the yeas and nays
were required to be recorded, and resulted in yeas 23, and
nays 10S.
Those who voted in the affirmative are Messrs.
Barnes, Johnson of Spald-Nicholson,
Carswell, ing, Parsons,
Crawford, Jones of Newton, Reese,
Gue of Chatham, Lawson, Rhodes,
Hawkins of Bald-Long, Sharpe,
win, Matthews of Scriv-Starke,
Hill, en, Whitehead,
Holt, Moore, Williams,
Hunter, Mitchell of Pike,
Those who voted in the negative are Messrs.
"Adams, Davis, Jackson of Clark,
Awtry, Dever, Kennedy,
Barclay, Dixon, Kimbrough,
Barksdale of Lin-Dubose, Kirby,
coin, Dwinell, Lang,
Barksdale of Elam, Langston,
Wilkes, Fleming, Lawhon,
Bell of Jackson, Fowler, Lemonds,
Beall of Randolph, Fraser, Leonard,
Berry, Gay of Early, Love,
Blake, Gartrell, Lovel,
Brady, Grant, Manson,
Brewster, Green, Matthews of Ogle-
Brock, Gresham of Greene, thorpe,
Brown of Houston, Grogan, McCurry,
Brown of Stewart, Groves, McDaniel,
Brown of Washing-Hawes, McDonald of Banks,
ton, Hawkins of Forsyth,McDonald of
Bryan' ofQuitman, Hawkins of Ogle- Lowndes,
Burch, thorpp, McDonald of Thom-
Burts,' Hooper, as,
Carlton, Home, McKenney,
Carter of Stewart, Horsley, Miller,
Corbin, Hundley, Mitchell of Pulaski,
Davenport, Huggins, Oakes,
68
JOURNAL OF THE HOUSE,
Ogletree, Russell of (Chatham, Stephens,.
OverstreetofEman-Kussell of Musco-Stewart,
uel, gee, Sutton,
Phillips of Merri-Scruggs, Taylor,
wether, Selman, Trammell,
Pittman, Shockley of Colum-Underwood,
Poole, bia, Wallace,
Rambo, Shockley of Jack-Warren,
Rawlston, son, Wilson,
Reid, Simms, Wood,
Roberts of Miller, Smith of Berrien, Worley,
Robinson, Smith of Tattnall, Weight,
Roper, Smith ofWalton,
Yeas 28; nays 10S. So the motion was lost.
On motion of Mr. Trammell of Catoosa, said bill was re¬
ferred to a select committee of five, consisting of Messrs.
Ezzard, Trammell, Hill, Lawson and Smith of Tattnall.
On motion of Mr. Wright of Coweta, the rule was sus¬
pended, when he introduced the following resolution, which
was taken up read and adopted :
Resolved, That the Hon. A. H. Stephens, Vice-President
of the Confederate States, be invited to a seat upon the.
floor of this House, during his stay in this city.
Mr. Barclay of Habersham introduced a bill to be enti¬
tled an act to authorize county officers to fund any public
money they may have on hand, before the first day of April
next.
Mr. Moore of Thomas offered the following resolution,,
which was. taken up read and adopted, to-wit:
Resolved, That the Clerk of this House be authorized to-
appoint such additional number of sub-clerks as he may
find necessary, to keep up promptly with the business.
Mr. Moore also introduced a resolution which was taken
up read and adopted, as follows :
Resolved, That the Clerk carry forthwith to the Senate
all bills and joint resolutions, which may be passed by this
House, unless notice is given by some member, at the time,
ofjiis intention to move a reconsideration of the same.
Mr. Hill of Dougherty offered the following resolution.,
which was taken up read and adopted, as follows :
Resolved, That the use of this. Hall be tendered to the-
Hon. A. H. Stephens, on Wednesday evening next, for the
purp©se of addressing the public, on the condition of the
country.
The House took up the report of the committee on the
bill to be entitled an act to authorize Administrators, Exec-
MONDAY, MARCH 14TII, 1864. 69
utors and Guardians, to invest in Confederate States four
per cent bonds.
Mr. Rarnbo moved to amond by inserting Trustees'^
which was agreed to.
I he report of the committee, as amended, was agreed to,
the bill was read the third time and passed.
The bill to fund, without an order, Confederate Treasury
notes, in the hands of Executors, Administrators and Guar¬
dians, was indefinitely postponed.
On motion of Mr. Parsons, of Johnson, the rule was suspen¬
ded, when he introduced the following resolution, which was
taken up read and adopted, to-wifc:
Resolved, That the use of this Hall be granted to the
Hon. L. Q. C. Lamar, of iMississippi, to-morrow night at 7
o'clock, to deliver a public address, on the state of the
country.
The House took up the report of the committee on the
bill to be entitled an act to tax the sale of Liquors, and to
prescribe how the same shall be sold, and to punish for a
violation of the same.
The report of the committee was disagreed to, and the
bill was lost.
The House took up the report of the commit.tee on the
bill to be entitled an act to incorporate the Ocmulgee River
Rail Road Company, and for other purposes.
Mr. Hill of Dougherty offered the following amendment :
« " Be it further enacted, that the freights and charges of
this Rail Road shall always be subject to the control of the
Legislature", which amendment was agreed to.
Mr. Hill moved further to amend, by reserving to the
State the right of taxing the capital stock, bank stock, and
-other appurtenances, which was agreed to.
The report of the committee, as amended, was agreed to
the bill was read the third time, and on its passage the yeas
and nays were required to be recorded, and resulted in yeas
111, and nays 4,
Those who voted in the affirmative, are Messrs.
Awtry, Berry, Burney,
Barclay, Blake, Burts,
Barksdale of Lin-Brady, Carlton,
coin, Brewster, Carter of Appling,
Barksdale of Brock, Carter of Stewart,
Wilkes, Brown of Houston, Collins,
Barnes, Brown of Stewart, Crawford,
Bell, of Jackson, Bryan of Quitman, Davenport,
Beall, of Randolph,Burch, Davis,
JOURNAL OF THE HOUSE,
Dever,
Dixon,
Dubose,
Dwinell,
Fowler,
Fraser,
Gay of Early,
Gue of Chatham,
Graham,
Grant,
Ivimbrough,
Kirby,
Lang,
Lajagston,
Lawhon,
Lawson,
Lemonds,
Leonard,
Long,
Love,
Love],
Pittman,
Poole,
Rawlston,
Reid,
Reese,
Rhodes,
Roberts of Miller,
Robinson,
Russell of Chatham,.
Russell of Muscogee,
Scruggs,
Selman,
Green,
Gresham of Greene,Manson,
Grogan, Matthews of Ogle-Sharpe,
Groves, thorpe, Shockley of Colum-
Hawes, Matthews of Scriven bia,^
Hawkins of Bald-McCurry, Shockley of Jack-
win, McDaniel, son,ij
Hawkins of Forsyth, McDonald of Banks, Sim ras,
Hawkins of Ogle-McDonald of Smith of Berrien,
thorpe,
Hiers,
Hill,
Holt,
Home,
Horsley,
Hundley,
Huggins
Hutiter,
Jackson of Clark,
Lowndes, Smith of Tattnall,
McDonald of Thom-Smith of Walton,
as,
McKennejr,
Miller,
Moore,
Mitchell of Pike,
Nicholson,
Oakes,
Ogletree,
Starke,
Stephens,
Sutton,
Taylor,
Trannnell,
Wallace,
Willi :uns,
Wilson,
Johnson of Spald-Overstreet ofEman-Wood,
ing, uel, Worley,
Jones of Newton, Phillips of Merri-Wright,
Kennedy, wether, Zeigler,
Those who voted in the negative are Messrs.
Corbin, Elam, Hooper,
Ram bo,
Ayes 111; Nays 4. So the bill was passed.
On motion the House adjourned until 9 o'clock to-mor¬
row morning.
TUESDAY, MARCH 15th, 1864. >
9 o'clock, a. m. )
The House met pursuant to adjournment.
Prayer by the Rev. Dr. Hanson.
Mr. Shockley of Columbia, moved a reconsideration of sa
TUESDAY, MARCH 15th, 1664.
71
much of the Journal of yesterday, as relates to the loss of
the bi J, to be entitled an act to increase the fees of certain
Judicial officers—which motion was lost.
Mr. Dever of Polk, moved to reconsider so much of the1
Journal of yesterda}^, as relates to the adoption of a resolu¬
tion, authorizing the Clerk to appoint an additional number
of sub Clerks—which motion prevailed.
Mr. El am of Ma rion, moved a reconsideration of so much
of the Journal of yesterday, as relates to the indefinite post¬
ponement of the bill to fund without an order, all Confed¬
erate Treasury notes in four per cent bonds without an or¬
der by Executors, Administrators, Guardians and Trustees,
and to legalize the same—which motion prevailed, and said
bill was referred to committee on Judiciary.
Mr. Eiam of Marion, moved a reconsideration of so much
of the Journal of yesterday, as relates to the loss of a bill
to be entitled an act to tax the sale of liquor, and prescribe
how the same shall be sold, &c.—which motion was lost.
Leave of absence, was granted to Mr. Holt of Bibb, for
to-morrow, on special business.
Mr. Philips of Meriwether, offered a resolution, which
was taken up, read and adopted as follows :
Resolved, That our Senators and Representatives in Con¬
gress, be requested to use their influence for the establish¬
ment of a Daily Mail Route, (Sundays excepted.) between
Grantville and Greenville, in this State.
Leave of absence was granted to Messrs. Oates of Murray,
and Mr. Player of Wilkinson.
Mr. Moore, Chairman of the Finance Committee, made
the following report:
Mr. Speaker.—The committee to whom was referred the
bill to be entitled an act to repeal an act, prescribing an
Oath for tax-payers, assented to 14th December, 1SG3—
have had the same under consideration, and report it back
to the House, with the recommendation that it do not pass.
B. B. MOORE,
Chairman.
The following message was received from Ilis Excellency
the Governor, by Mr. Campbell, his Secretary, to-wit:
* Mr. Speaker : I am directed by the Governor, to deliver
to the House of Representatives, a communication in wri¬
ting.
On motion, the House took up the message from the
Governor, which was read and is as follows:
I am informed since you assembled, that I can make a
contract with a house abroad, for the delivery of a large
72
JOURNAL OF THE HOUSE,
supply of Cotton Cards upon short notice, which must be
paid for in Sterling Exchange, and which might be import¬
ed by the State, to supply the waots of her people.
I therefore recommend, the appropriation of one million
of dollars, or such part of that sum as it^ may benecessaiy
to use, and ask that I be permitted to invest it in Cotton,
and run it out through the blockade, to create a fund in
England, sufficient to pay for the Cards, and that I be au¬
thorized to import them and sell them to the people at such
price, as will cover actual cost and expenses. Ihis would
enable me in a few months, if we have ordinary success in
making the importations, to supply the demands of our
people, for this indispensable article.
The card factory at this place, is now turning out over
one hundred pairs per day, but this is wholly inadequate
to supply the demand. The State can make enough I
trust during the year, to supply the needy soldiers' fami¬
lies, who look to her as their natural guardian in the ab¬
sence of their husbands and fathers in service, but we can
not make enough to supply all our people.
Under the arrangement proposed, I trust the demand
could soon be met at reasonable prices, and as the money
when received for the cards from the people, would be paid
back into the Treasury, the appropriation would be in the
nature of a loan, soon to be returned and would add noth¬
ing to the debt of the State.
Signed JOSEPH E. BROWN.
On motion, said message was referred to the committee
on Finance.
Mr. Wright of Coweta, offered a resolution, authorizing
citizens to purchase corn in certain cases and under certain
circumstances, which was read and adopted.
The House took up the resolution, requesting His Excel¬
lency the Governor, to transfer or disband the State troops,
which on motion, was referred to the committee on milita¬
ry affairs.
On motion of Mr. Moore of Thomas, the rule was sus¬
pended and the House took up the report of the committee
on the bill to be entitled an act, to amend the several tax
laws of this State, and for other purposes.
Mr. Adams offered the following amendment; insert the
words "and in Confederate States Treasury notes of less
denomination than One hundred dollars issued prior to
April 1st, 1864, at G65 cents in the dollar,"—which
amendment was agreed to.
Mr. Hooper of Bartow, offered the following amendment:
1. 'iT?6 exemption from taxation under this act,
shall be allowed, to-wit: That when property has been
injured or destroyed by the enemy, or the owner has been
TUESDAY, MARCH. 15th, 1864.
73
temporarily deprived of the use or occupancy thereof, or of
the reasons of the presence or proximity of the enemy—or
of our own troops—the assessment on such property may
be reduced in proportion to the damage sustained by the
owner, or the tax assessed thereon, may be reduced by the
tax assessor or receiver on satisfactory evidence, submitted
to him by the owner."
Pending said amendment,
On motion, the bill and amendments, were recommitted
to the Finance committee. *
The House took up the report of the committee on the
bill to be entitled an act for the relief of the receiver and
collector of taxes of the counties of Richmond, Chatham,
Muscogee, Bibb, Decatur and Fulton, for the year 1863,—
the report was agreed to—the bill was read the 3d time
and passed.
The House too-k up the report of the committee on the
bill to be entitled an act to Incorporate the Columbia and
Augusta Rail Road Company—
T ie report of the'committee was agreed to, the bill was
read the 3d time and passed.
The House took up the report of the committee, on the
bill to be entitled an act to exempt certain persons from
service in the Militia of the State of Georgia.
Mr. Dever o fie red the following amendment:
"And all ministers of religion, duly authorized to preach
according to the rules of their sect, and in the regular dis¬
charge of their ministerial duties."
Mr. Holt moved to amend said amendment, by adding all
Physicians over thirty-live years of age, who have been
practicing for seven years—which was lost—
Mr. Gartrell moved to amend, by inserting Justices of the
Peace—which was lost.
Mr. Dever's amendment was agreed to, the report of the
committee as amended, was agreed to, the bill was read the
3d time and passed.
The House took up the bill to be entitled an act for the
relief of Daniel Mahoney of Clark county—which by leave
of the House, was withdrawn by the mover.
The bill to require the Rail Road companies of this State,
to keep water and lights in the Cars for passengers on their
respective trains, was referred to the Judiciary committee.
The House took up the bill to be entitled an act to re¬
peal the lSlst and 183d Sections of the Code of this State.
Mr. Moore moved to amend, by striking out 183d and in¬
serting 191th—which was agreed to.
The report of the committee was agreed to—the bill was
read the 3d time and passed.
Mr. Moore, Chairman of the Finance committee, made
the following report:
74
JOURNAL OF THE HOUSE,
Mr. Speaker: The committee on Finance, to whom was
referred a resolution, requesting the introduction of a "H
looking to a reduction of the Tax imposed under the acts ot
the last Session of this General Assembly, have had the
same before them, and beg leave to report that the action
of this House, having accomplished the object sought by
the resolution, they ask to be discharged from further con¬
sideration of it.
B. B. MOORE,
Chairman.
The following message was received from the Senate, by
their Secretary Mr. Kenan:
Mr. Speaker: The Senate have agreed to a resolution, in
relation to "prescribing the form of the issue of State Treas¬
ury notes, under act 12th December, 1863,'* in which they
ask the concurrence of the House of Representatives, and I
am directed to transmit the same forthwith to the House of
Representatives.
Mr. Gartrell, from the committee on Enrollment, report¬
ed as duly enrolled and signed by the President of the Sen¬
ate, and ready for the signature of the Speaker of the House
of Representatives, the following resolution, to-wit:
A resolution in relation to the adjournment of the pres¬
ent Session.
The House took up the report of the committee, oil the
bill to repeal an act prescribing an Oath for tax-payers, &c.
The report was agreed to, which being adverse to the
bill, the same wras lost.
The following communication, was read and referred to
the committee on Military affairs, to-wit: .
HEAD QUARTERS, Bryan's Brigade, >
Near Greenville, Tenn., March 5th, 1864. )
To the Hon. Speaker of the House of Representatives of
the State of Georgia.
Sir: I have the Honor to present to your honorable
body, through the hands of the Hon. Capt. W. P. Redwine,
member from Fayette county, the Battle Flags of the 10th
and 50th Regiments of Georgia Volunteers, part of my
Brigade.
I have attached to each Flag, a memorandum of the dif¬
ferent battles they have passed through, and it is the desire
of the Regiments, that they may be preserved by the State,
as their battered and worn appearance, bear ample testi¬
mony to the gallantry and daring of those who fought un¬
der them,—and will serve as a memorial of what Georgians
passed through, in attaining their liberties; and when peace
TUESDAY, MARCH 15m, 1864. 75
may come, that the descendants of those who fought under
the flags, may look on them as records of their fathers' gal¬
lant deeds, and learn to emulate their patriotism and their
valor.
I am Sir, very respectfully,
Your obedient servant,
(Signed) GOODE BRYAN,
Brig. General.
The following bills were read the Sd time and committed
for a 3d reading, to-wit:
A bill to be entitled an act, extending the time of county
officers filing their bonds, and taking out commissions.
Also, a bill to be entitled an act to authorize county offi¬
cers to fund any public money they may have on hand be¬
fore the 1st day of April next.
Also, a bill to be entitled an act to amend the 15th Sec¬
tion of an act, entitled an act to reorganize the Militia of the
State of Georgia, and for other purposes, approved, Dec.
14th, 1S63.
Also, a bill to be entitled an act to exempt from taxation,
Cotton and other property, owned by the Confederate
States Government in this State.
Also, a bill to be entitled an act to authorize the appoint¬
ment of county commissioners in certain cases and for other
purposes.
Also, a bill to b^. entitled an act to amend an act, to pro¬
vide for raising Revenue for tlie political year 1S64, assent¬
ed to, Dec. 12th, 1S63.
Also, a bill to be entitled an act to incorporate the Di¬
rect Trade and Exchange Company of Georgia, and for oth¬
er purposes.
Also, a bill to be entitled an act supplementary to an act,
assented to Dec. 14th 1803, to provide for raising Revenue
for the political year 1S64, and to appropriate money for
the support of the Government during said year, and to
make certain special appropriations, and for other purposes.
The following bills were read the 2d time and referred to
the Judiciary committee, to-wit:
A bill to be'entitled an act to authorize Thomas S. Hop¬
kins, to Administer on the Estate of Scott C. Gignilliat, in
Brooks county.
Also, a bill to be entitled an act to disfranchise, and de-
citizenise, all persons who desert from the Confederate
States army, and go to the enemy, or who shall leave the
Confederate States without leave and go to the United
States or other foreign country, for the purpose of avoiding
service in the Confederate or State army.
A bill to be entitled an act to provide for the p.ayment of
accounts for tlie treating and nursing Small Pox cases in
76 JOURNAL OF THE HOUSE,
this State, was read the 2d time and referred to the com¬
mittee on Finance. 1 ,
The House took up the Resolution from the Senate,
ing to the adjournment of the Session on Saturday nex >
and concurred in the same.
On motion, the House adjourned until 3 o'clock, p. to.
3 o'clock, p. m.
The House met pursuant to adjournment*
Leave of absence was granted to Mr. Dumas of Monroe,
for the present Session, on account of sickness.
The following bills were read the 2d time, and commit¬
ted for a 3d reading, to-wit: "
A bill to be entitled an act to repeal an act, entitled an
act, to levy and collect a tax on the nett income and profits
of persons and Corporate bodies.
Also, a bill to be entitled an act to change'the line be¬
tween the counties of Butts and Monroe, so as to include
the residence of Archibald W. Tanner, in the county of
•Monroe.
Also, a bill to be entitled an act to amend the 1741st Sec¬
tion of the Code of Georgia.
Also, a bill to be eutitled an act to prevent the obstruc¬
tion of rivers, creeks and other streams, by fish traps and
other obstructions.
Also, a bill to be entitled an act to require the reporter
of the Supreme Court, to publish the decisions of the Su¬
preme Court in pamphlet form.
Also, a bill to be entitled an act to repeal an act, entitled
an act, to amend the charter of the Macon & Western Rail
Jload Company, assented to Dec. 14th, 1S63.
Also, a bill to be entitled an act for the relief of the citi¬
zens of Habersham county, and for transporting supplies.
Also, a bill to be entitled an act for the relief and protec¬
tion of Administrators, Executors, Guardians and Trustees.
The following bills were read the 2d time, and referred
to the committee on the Judiciary, to-wit:
A bill to be entitled an act to define what is not a viola¬
tion of the act assented to December 11th, 1862,—as to
planting of Cotton.
Also, a bill to be entitled an act exempting county Treas¬
urers from Military duty.
Also, a bill for the relief cf Trustees.
The resolution relative to the suspension of Habeas Cor-
1PUL, was referred to the Judiciary committee.
♦hJS?«£8?luti?n iimitiD8*he pay of Enrolling officers 0f
the btate, to only those subject to Military duty, under the
aflt reorganizing the Militia of the State—was read and
TUESDAY, MARCH 15th, 1SG4. 77
The resolutions of complaint against the commissioners,
appointed by the Confederate Government, to set prices in
this State, was postponed indefinitely.
The resolution upon the subject of adjournment, was in¬
definitely postponed.
The following message was received from the Senate, by
Mr. Kenan, their Secretary :
Mr. Speaker: The Senate has passed the following bill,
to-wit:
A bill to b3 entitled an act to amend the 1670th Section
of the Code of Georgia, and I am instructed to transmit the
same to the House of Representatives.
On motion of Mr. Long of Troup, the rule was suspend¬
ed, when he introduced a bill to be entitled an act to en¬
courage the organization of a Navy.
The House took up the resolution authorizing the Gov¬
ernor, to put in operation one or more machines for the
manufacture of Cotton Cards, at Cartersville, or some other
point on the Western & Atlantic Rail Road.
Mr. Dever moved to amend said resolution, by striking
out Card machines and manufacture and inserting in lieu
thereof, the words "agencies" and "sale"—which was
agreed to.
Mr. Moore moved to amend, by striking out all after the
words Cotton Cards.-
Mr. Smith of Berrien, offered as a substitute for said
amendment, the following :
Insert Columbus, Augusta, Athens, Marietta and Val-
dosta—which was«lost.
The amendment ottered by Mr. Moore, was also lost.
The resolution was lost.
The resolution requiring Tax-payers, to give in, and Re¬
ceivers of Tax returns to enter on the Tax Digest, the num¬
ber of pounds of hogs slaughtered, and the number of bush¬
els of wheat and corn made by said Tax-payers, in the year
1S63, was lost.
The resolutions approving of the act of Congress, in sus¬
pending the writ of Habeas Corpus; in the enactment of a
new currency Tax and military bills—and all resolutions
on the same subject, were referred to the committee on the
Judiciary. .
The resolution requesting the Governor, to furnish mem¬
bers of the legislature with the Acts and Journals—was
read and adopted.
The Senate bill, to be entitled an act to amend the 1670th
Section of the Code of Georgia, was read the first time.
The House took up the resolution, instructing the com¬
mittee on Public Education, to report a bill to establish a
common school system.
78
JOURNAL OF THE HOUSE,
Mr. Burts of Chattahoochee, moved to strike out the pre¬
amble—which motion prevailed.
Mr. Du Bose moved to amend, by striking out the words
"by the General Assembly of the Statq of Georgia" and in¬
sert atter the word "report" the worcfs "at the next meet¬
ing of the General Assembly''—which amendment was
agreed to and the resolution as amended adopted.
The House took up the Senate resolutions, prescribing
the form of the issue of State Treasury notes, under the act
of December 12th, 1S63—which was read and adopted.
Leave of absence, was granted to Mr. Dobbs ©f Fannin,
for a few days.
Mr. Ezzard, Chairman of the committee to whom was re¬
ferred the bill to provide more effectually for the support of
the citizens of certain destitute counties of this State, and
of indigent disabled soldiers, their families, widows, and or¬
phans and for other purposes, reported the same back to
the House, with a resolution as a substitute.
Mr. Wallace of Taylor, offered the following amendment
to said resolution.
Provided, That nothing in this resolution, shall be so con¬
strued as to authorize an impressment of any Bail Road or
Steam Boat transportation, when the same is needed to
transport Govenment troops or government freight—which
was agreed to.
Mr. Grant of Glynn, moved to amend, by adding the
words ''Steam Boats," after the words "Engine and 15
Cars"—which was agreed to; the resolution as amended
was adopted.
On motion of Mr. Moore, the House adjourned until 9
o'clock to-morrow morning.
WEDNESDAY, MARCH 16th, 1S64, >
9 O'clock, A. M. >
»
The House met pursuant to adjournment.
Prayer by the Rev. Mr. Flinn.
Mr. Rambo, of Floyd, moved a reconsideration »f so
much of the Journal ot yesterday as relates to the action
of the House in laying upon the table a resolution of com¬
plaint against the commissioners appointed by the Confed¬
erate Government to set prices, &c., which motion pre¬
vailed. *
Mr. Adams, of Clarke, moved a reconsideration of eo
much of the Journal as relates to the action of the House
in concurring in the Senate resolution prescribing the form.
WEDNESDAY, MARCH IGth, 1864. 79
of Treasury Notes to be issued under act of 12th Decem¬
ber, 1863.
The Speaker decided said motion out of order.
Mr. Adams appealed from the decision of the Speaker.
The vote being taken on said appeal, the House sustained
the decision of the Chair.
On motion, the rule was suspended, when Mr. Smith, of
Tatnall, offered the following resolution, which was read
a,nd adopted :
Whereas, In view of the adoption of a resolution look¬
ing to the adjournment of the General Assembly on Satur¬
day, 19th inst., therefore be it
Resolved, That the call of the counties be dispensed with,
and that no more new matter in the form of bills be intro¬
duced in this branch of the General Assembly, unless by a
vote of two-thirds.
The House took up the report of the committee on the
bill to be entitled an act to amend the several tax lawrs of
this State, and for other purposes ; the Finance Committee
having reported said bill' with amendments.
Mr. Adams, of Clarke, offered as a substitute for said
amendments, the following :
"On the basis of the valuation of similar property in the
year 1860."
Upon which substitute the'yeas and nays were required
to be recorded, and resulted in yeas 56 and nays 68.
Those who voted in the affirmative are Messrs.
Faulk, Johnson, of Spald-
Fleming, ing,
Fowler, Kennedy,
Gartrell, Kimb rough,
G rant, Lang,
Oreen, Lott,
Grtsham of Greene,Lovel,
Grogan, Manson.
Hawkins of Bald- McCurry,
win,
Hawkins of For¬
syth,
Hawkins
thorpe,
Adams,
Aired,
Anderson,
Awtry,
Bell, of Jackson,
Blake,
Brewster,
Brock,
Brown of Wash¬
ington,
Bryan of Quitman.
Burch,
Carlton,
Carter of Appling,
Collins,
Corbin,
Crawford,
Dever,
Elam,
Ezzard,
of Ogle-
Hiers,
Hooper,
Hundley,
Jackson, of Clark,
Johnson of Mcin¬
tosh,
McDaniel,
McDonald of Banks
McKenney,
Miller,
Oakes,
Oates,
Ogletree,
Overstreet of Pierce
Phillips ot Meri¬
wether,
Rambo,
ShOckley of Jack- Sutton,
son, * Wiggins,
Smith of Berrien, Wells.
SO JOURNAL OF THE HOUSE,
Rawlston, Scruggs, Smith of Walton,
Red wine,
Rhodes,
Roper,
Those ^rho voted in the negative are Messrs.
Barclay, Horsley,
Barksdale of Lin- Huggins,
coin, Hunter,
Barksdale ofWilkesHutchings,
Barnes, Jackson of Whit-
Beall of Randolph, field,
Berry, Jones, of Newton,
Brady, Kirby,
Brown of Houston, Langston,
Brown of Stewart, Lawhon,
Burn.ey, Lawson,
Burts, Lemonds,
Carswell, Loye,
Carter of Stewart, Matthews of Scriv
en,
McDonald of
Lowndes,-
McDonald of Thom-Trammell,
as, Underwood,
Moore, • Wallace,
Mitche 11 of Pike, Warren,
Mitchell of Pulaski,Whitehead,
Nicholson, Wilson,
Overstreet ofEman-Wood,
uel, Worley,
£ittman, Wright,
Poole,
Reid,
Reese,
Roberts ofMiller,
Robinson,
Russell of Musco¬
gee,
Selman,
Sh^rpe,
Shpckley of Colum¬
bia,
Simms,
Smith of Tatnall,
Starke,
Stephens,
Stewart,
Taylor,
Tomlinson,
Zeigler.
Cook,
Davenport,
Davis,
Dixon,
Dubose,
Dwinell,
Edwards,
Fraser,
Gay of Early,
Gue of Chatham,
Graham,
Groves,
Hill,
Home,
Ayes 56 ; nays GS. So the substitute was lost.
Mr. McDaniel, of Carroll, moved to amend by striking
out April, 1S63, and inserting in lieu thereof June, 1864,
which amendment was lost.
The amendment offered by the Finance Committee was
agreed to.
Mr. Selman onered the following -amendment, to cOme in
after()tl|^ words "sixty-four" in 2d section :
"Anil the present issue of Confederate Treasury Notes
at a discount from their nominal value of thirty-three and
one-third cents in the dollar," whieh was agreed to.
Mr. Rambo offered the following amendment to the re¬
pealing clause:
WEDNESDAY, MARCH 16th, 1864. SI
"Except so much of the act assented to Nov. 30th, 1S63.
exempting certain lands from any tax but a nominal tax of
one cent per acre," which was agreed to.
^ The report was agreed to, the bill was read the third
time and passed.
The following message was received from the Senate, by
their Secretary, Mr. Kenan :
Mr. Speaker:—The Senate has passed the following bill
of the House of Representatives, to wit:
• A bill to be entitled an act to reduce the bonds of the
Receivers of Tax Returns and Tax Collectors of this State,
and to repeal so much of the 146th section of the Code as.
limits the securities on said bonds to the number of five..
Also, a bi)l of the Senate, to-wit:
A bill to be entitled an act to authorize the Governor tt>
impress in certain cases the rolling stock of Railroads, either
of this State, or to be found in this State, not being in use
at the time of said impressment, or other conveyances, for
the purpose of transporting supplies and provisions pur¬
chased, or ordered to be purchased under any law of this
State, for the indigent families of soldiers, on paying just
compensation therefor.
The Senate has also concurred in a resolution of the
House of Representatives requesting the establishment of a
daily mail route (Sundays excepted) between Grantsville
and Greenville in this State.
The Senate have agreed also to a resolution in relation to
the publication and distribution of the acts of the General
Assembly.
All of which I am directed to transmit forthwith to the
House of Representatives.
Mr. Moore, from the Committee on Finance, made the
following report:
Mr. Speaker:—The Committee on Finance, to whom was
referred a bill to be entitled an act to appropriate the sum
of four hundred and eighteen dollars for the common school
fund in the county of Wilcox, for the year 1863, have had
the same under consideration, and propose to amend it by
inserting after the word "appropriated" the words "to be-
paid out of the common school fund at the next distribu¬
tion," and with this amendment recommend the bill be
^The committee have also considered a bill, and amencT-
ments, to be entitled an act to amend the several tax laws
of this State, and for other purposes, and propose to amend
the first section by striking out all from the words "at" to
"valuation," inclusive, an4 inserting in lieu therefor the fol¬
lowing, viz : "at the value of such property in Confederate
6
S2 JOURNAL OF THE HOUSE,
1 * *
Treasury Notes on the first day of April, 1S(W >" anJ re¬
commend that the oriajinal bill thus amended do pass.
Also, a bill to be entitled an act to provide lor the pay¬
ment of accounts for the treating and nursing of small pox
cases in this {State, and direct me to repoit it back to this
House with the recommendation that it be refened to the
Committee on Small Pox, and this committee be discharged
from the further consideration of it.
B. B. MOORE, Ch'n.
The House took up the report of the committee on the
bill to be entitled an act to appropriate the sum of four
hundred and eighteen dollars for the common school fund of
the gounty of Wilcox.
The House went into committee of the whole, Mr. De-
ver in the chair, to consider the same, and having spent
some timer therein, the committee arose ancl reported the
same back to the House with amendment.
• The report of the committee- wTas agreed to, the bill was
read the third time and passed.
The bill to change the line between the counties of Butts
and Monroe was referred to the Committee on New Coun¬
ties and County Lines.
The bill to provide for the payment of accounts for treat¬
ing and nursing small pox cases was referred to the Com¬
mittee on Small Pox.
The bill to be entitled an act to repeal an act to levy and
collect a tax upon the net income and profits of all persons
and corporate bodies was referred to the Committee on Fi¬
nance.
The bill to be entitled an act for the relief of Habersham
county, and for transportation, was referred to a select com¬
mittee of five, consisting of Messrs. Barclay, Gartrell, Du-
Bose, Brewster and Hutchings.
The House took up the report of the committee on the
bill to amend the 15th section of an act entitled an act to
reorganize the militia of Georgia, and for other purposes,
approved Dec. 14th, 1S63.
The report of the committee was agreed to, the bill was
read the third time and passed.
,The House took up the report of the committee on the
bill extending the time of county officers filing their bonds
and taking out commissions.
Mr. Dubosfc, of Hancock, offered the following amend¬
ment :
^Provided, that the provisions of this act shall be applica¬
ble, to said officers who were elected in January last.
Which amendment was agreed to.
The report of the committee was agreed to, the bill was
read the third time and passed.
WEDNESDAY, MARCH 16tii, 18G4. S3
The House took up the report of the committee on the
bill to be entitled an act to require the reporter of the Su¬
preme Court to publish the decisions of the Supreme Court
in pamphlet form.
The report of thy committee was agreed to, the bill was
read the third time and passed.
i he following message was-received from the Senate, by
then Secretary, Mr. Ivenan :
Mr. Speaker:—The Senate have concurred in the follow¬
ing resolutions of the House of Representatives, to-wit:
A resolution to have certain books sent to the members
&nd officers of this General Assembly.
Also, a resolution authorizing citizens to purchase corn
in certain cases and under certain circumstances.
Also, a resolution authorizing his Excellency the Gover¬
nor of.this State to fund in Confederate bonds all Confeder¬
ate States Treasury Notes in the State Treasury.
Also, a resolution to re-establish a mail route between
Dublin in Laurens county and Mount Vernon in Montgom¬
ery county.
Mr. Barnes, chairman of the Military Committee, made
the following report:
Mr. Speaker:—The Military Committee, to whom was
referred so much of the Governor's message as relates to
conscribing the militia of Georgia, beg leave to report by
resolution: '
Whereas, Georgia has promptly met all the demands
made on her during this trying struggle for her independ¬
ence, and regret the necessity for the action of Congress in
regard to the extension of the Conscript Act for State de¬
fense being apparent and urgent,
Resolved, 1 st, That his Excellency the Governor be in¬
structed to place no obstacle in the way of effecting the
purpose of Congress.
Resolved, 2d, That as the State of Georgia has organized
at large expense all men between the ages of sixteen and
sixty years for State defense and as there is no conflict be¬
tween the purpose for which these men were organized by
the State and the object declared by the extension of the
Conscript Act by Congress; that his Excellency the Gov¬
ernor be requested to endeavor to so arrange with the Pres¬
ident, that these men can be turned over to the Confederate
service in their present organization.
Resolved, 3d, That if the Governor should be unable to
effect the arrangement with the President, that the men in¬
cluded in the law of Congress extending the Conscript Act
shall be subject to its operations.
Your committee have had under consideration a resolu¬
tion requesting his Excellency the Governor to transfer or
84
JOURNAL OF THE HOUSE,
disband the two regiments of State troops, which the com¬
mittee recommend do pass. t rN
Also, a communication from Brigadier Geneial Goode
Bryan, transmitting certain battle flags, and in reference
thereto, recommend the passage of the following resolu¬
tions : -r t» 1
Whereas, Brigadier General Goode bryan has transmit¬
ted to the State of Georgia the battle flags of the ] Oth and
50th Georgia Regiments, attached to Bryan's Brigade, ac¬
companied by statements of the various engagements in
which these regiments have been engaged y therefore be it
Resolved, That the State of Georgia accepts with pride
these evidences of the valor of her sons, and thfat the Ad¬
jutant General be instructed to arrange tfiem in the same
manner as directed by the resolutions of the last session of-
the Legislature in reference to fcirnilaf fkg8.
Resolved farther, That flie Adjutant General be further
directed to have attached the statements of the various en¬
gagements mentioned in the accompanying papers, to the
flags of the regimepts to which they respectively belong.
All of which is respectfully submitted in behalf of the
committee.
G. T. BARNES, Ch'n.
The Souse took up the report of the committee on the
bill to be entitled an act to repeal an act entitled an act to
amend the charter of the Macon and Western Railroad
Company, assented to December 14th, ]863.
Mr. Hardeman, of Bibb, moved to lay the bill on the ta¬
ble for the present, which motion was lost.
The report of the committee was agreed to.
Mr. Gartrell moved to lay the bill On the table till to¬
morrow morning, which was lost.
Mr. DuBose, of Hancock, moved to re-commit the bill-
Pending the discussion thereon, the House adjourned un¬
til 3 o'clock, P. M.
3 O'clock, P.
The Houseittet1 pursuant to adjournment.
The Hous6 resumed the consideration of the bill to re¬
peal an act entitled an act to amend the charter of the Ma¬
con and Western Railroad Company, assented to Dec. 14th,
1863.
The motion to re-commit was lost.
The bill was read the third time and passed.
WEDNESDAY, MARCH 16th, 1864. 85
^•Wallace gave notice of his intention to move for a
reconsideration of the same on to-morrow morning.
\ k°use took up the report of the committee oil the
l , erjtitled an net to exempt from taxation cotton
and other property owned by the Confederate States Gov¬
ernment in this State.
The report of the committee was agreed to, the bill was
read the third time and passed.
The following message was received from the Senate, by
their Secretary, Mr. Kenan :
Mr. Speaker:—The Senate have passed the following bill,
to-wit:
A bill to be entitled an act to repeal an act entitled an
act to change the time of holding the Inferior Court (for
county purposes) of Washington county, Georgia, from the
first Tuesday to the first Wednesday in each month, assen¬
ted to April 17th, 1SG-3.
Mr. Gartrell, chairman of the Committee on Enrollment,
reports as duly enrolled and ready for the signature of the
Speaker of the House of Representatives and President of
the Senate, the foilovring resolutions and acts, to-wit:
Resolution to have certain books sent to the members
and officers of the Genera-1 Assembly.
Also, a resolution requesting the establishment of a daily
mail rout^ (Sundays excepted) between Grantville, ao$
Greenville in.this State. . .
Also, a resolution to establish a mail route between Dub¬
lin in Laurens county and Mount Vernon in Montgomery
county.
Also, a resolution authorizing his .Excellency, the Gover¬
nor of this State to fund in Confederate Bonds all Confed¬
erate States Treasury Notes in the State Treasury.
Also, a resolution authorizing citizens to purchase corn
in certain cases and under certain circumstances.
Also, an act to reduce the bonds of the Receivers of Tax
Returns and Tax Collectors of this State, to repeal so much
of the 146th section of the Code as limits the securities on
said bonds to the number of five.
The House took up the report of the committee on the
bill to be entitled an act for the relief and protection of ad¬
ministrators, executors, guardians and trustees. , ^
The reDort of the committee was disagreed to, the> bill
was read the third time and lost.^
The House took up the report of the committee on the
bill to be entitled an act to prevent the obstruction of riy-
ers, creeks ana other streams by fish traps and other ob-
^Th^report of the committee was disagreed to, and the
bill lost.
SG
JOURNAL OF THE HOUSE,
The Ilouse went into committee of the whole, Mr. ham-
Too in the chair, on the bill to be entitled an .let supplemen¬
tary to the act assented to Dor. 14th, l$G->, to provide for
raising revenue for the political 3Tear 3SG4, and to upjiio-
priate money for the support ot the government dming
said year, and to make certain special appropriations, and
for other purposes, and Inning spent some time therein-, the
committee arose and reported the same bucii to the Ilouse
with amendments.
The report of the committee was agreed to, the bill was
read the third time and parsed.
The House took up the report uf .the committfe on the
bill to be entitled an act.to authorize the appointment of
county commissioners in certain cases', and for ether purpo¬
ses.
Mr. Long, of Tronp, moved to amend by adding, "said
commissioners to be selected from persons not subject to
conscription under the act con scribing persons between the
ages of IS and 45," which was agreed to.
The report was agreed ito, the bill wes read the third
time and passed.
Mr. Barclay submitted the following report:
• The special committee to whom" was referred a bill to be
entitled an act for the relief of the citizens of Habersham
county, and for transporting supplies, have l..il the same
under consideration, arid report the same back t<5 the House,
and recommend that it* be amended by adding to the fifth
section, "and the said smn-or sums ot money thus appro¬
priated shall be refunded to the Treasurer of the State, un¬
der such rules and legulatious and restrictions as the Gov¬
ernor may require of said Inferior Court;" and, also, by
adding an additional sectiop, to-wit:
Sec. 6.. Be it further enacted, That the provisions of this
bill may be extended /to other counties in this State, alike
destitute with the county ol Habersham, in the discretion
of the Governor,
And with these amendments, recommend it do pass.
E. S. BARCLAY, Ch'n.
The House took up said report.
Mr. McDonald, of Banks, offered the following amend¬
ment to said report: "Or at any other point on the Rail¬
road that the Justices of the Inferior Court may direct,"
which amendment, was agreed to.
The report of the' committee as amended was agreed to,
the bill was read the third, time and passed. -
^ The House took up the report of the committee on the
bill to authorize county officers to fund any money in their
hands in Confederate bonds, &c.
WEDNESDAY, MARCH IGtii, 18G4. ' 87
Or'motion of Mr. Hardeman, of Bibb, the bill was re¬
ferred to the Committee on Finance.
^'i^°^re' C^ia'rma'n of the Committee on Finance-, made
tlie following report:
Mr. Speaker:—The joint standing committee on Finance
to whom was referred a resolution relative to the income
tjXv" i ^ivin.Tston,.of the county of Clinch, and R.
H. McCroskey, ot Fulton county, for the }7ear lS6-°>, have
had the same under consideration, and direct'me to report
it bac<v to tii3 House frith the recommendation that it do-
pass.
i he committee has also considered the special message of
liis Excellency the Governor, recommending the appropria¬
tion of one million of dollars, or so much thereof as may
be necessary, to b& invested by him in cotton for the pur¬
chase, of cotton cards in England, and recommend the ap¬
propriation to be made.
They have also considered the communication of James
Metcer Green, President of the Bo,vxl of Trustees, relative
to the repairs of the buildings of the Academy for the Blind,
and recommend the sum of fifteen thousand dollars be ap¬
propriated fort-hat purpose.
All of which is respectfully submitted.
B. B. MOORE, Ch'n.
Mr. Gartrell, from the Committee on Enrollment, repor¬
ted as duly enrolled ar.d signed by the President of the-
Senate and ready for the signature of the Speaker of the
House of Representatives, the following'resolution, to-wit:
• *
Resolution prescribing the form , of the issue of State
Treasury Notes,' under the act of 12th Deqember, 1SG3.
The House took up the resolution for the settlement of
tax fi. fas. vs'. FL P. Livingston, of the county of Clutch,
and R. H. McCroskey, of the county of Fulton, which was
read and adopted..
The Senate bill to be entitled an act to repeal an act en¬
titled an act to change the time of holding the Inferior
Court (for county purposes)'of Washington county, Ga»,
from the first Tuesday to the first Wednesday#n each month,
assented to April 17th, 1863, was read the first time.
Also the Senate bill to be entitled an act to authorize
the Governor to impress in certain cases the rolling stock
of railroads, either of this State or to be found in this State,
not bein<* hi' use at the time of said impressment,-or other,
conveyances, for the purpose of transporting supplies and
provisions purchased or ordered to be purchased under any
law of this State fo.r the indigent families of soldiers, oil
paying iust compensation therefor.
The Senate bill to be entitled an act to amend the 1670th
ss
JOURNAL OF THE HOUSE,
section of the Code of Georgia was read the second time
and referred to the Judiciary Committee.
The House bill to be entitled an act to encourage the or¬
ganization of a Navy, was read the second time and com¬
mitted for a third reading.
The House took up the resolutions requesting the Gover¬
nor to transfer or disband the two regiments of State troops.
Mr. Selman moved to amend by striking out in the pre¬
amble the words "of hale and vigorous young men living
at ease and luxury, secure from the danger of t^e, battle¬
field," and strike out in the resolutions the words "to ten¬
der the Secretary of War of the Confederate States," and
insert in lieu thereof the word "disband," which amend¬
ment was agreed to.
Mr. Ezzard, of Fulton, offered Vhefolio,'wing amendment*
And be it further resolved. That the Governor be author¬
ized and required to cause to be sold at auction as early as
practicable all the military stores belonging to said State,
and that the proceeds be paid into the Treasury.
Which amendment was agreed, to. . *
Upon the adoption of the resolution, the yeas and nays
were required «to be recorded, and resulted in yeas S and
navs 10't.
'Those who voted in the affirmative are Messrs.
Anderson, Hutchings,'
Hooper, Long,
Huggins, MeCurry,
Those who vated in the negative are Messrs.
Smith of Tatnall,
Williams,
Adams, Carlton, . .
Aired, Carter of Stewart,
Awtry, Collins,
Barclay, Cook,
Barksdale of Lin- Corbin,
coin, Davenport,
Barksdale of WilkesDavis,
Bell, .of Jackson, Dever,
Beh,ll of Randolph,Dixon,
Berry, Dwinell,
Blake, Edwards;
Brady, Elam,
Brewster, f Faulk,
Brock, Fleming,
Brown of Houston, Fowler,
Brown of Stewart, Fraser, »
jBurch, Gue of Chathaito,
Burney, -Gil more,
Burts, Grant,
Gl'esham of Greene,
Grogan,
Groves,
Hawes,
Hawkins of Bald¬
win, «
Hawkins of For¬
syth,
Hawkins of Ogle¬
thorpe,
Henderson,
Horne,
Horsley,
Hunter,
Jackson of Whit¬
field,
Johnson of Mcin¬
tosh,
THURSDAY, MARCH 17tii, 1864. 89
Johnson, of Spald- McDonald of Thorn-Russell of Chath-
lno' as,
Jones, of Newton, Miller,
Kennedy, Mitchell of Pike,
Nicholson,
Oakes,
Oates,
Ogletree,
Kimbrough,
Kirby,
Lang,
Langston,
Lavvhon,
Lemonds,
Leonard,
Cove,
Lovel,
Manson.
Matthews of Seriv
' en,
McDaniel,
am,
Selman,
iSharpe,
Shockley of Jack¬
son,
Simms,
Smith of Berrien,
Overstreet of Eman-Srnith of Walton,
uel, Starke,
Overstreet of PierceStewart,
Pittman,
Poole,
h ambo,
R^wlston,
Red wine,
Reid,
Sutton,
Taylor,
Tomlinson,
Underwood
Wells,
Wilson,
Wood, .
Worley,
Zeiader.
McDonald of BanksRoberts of Miller,
McDonald of Robinson,
Lowndes, Roper,
McKenney,
Ayes S; nays 101. So the resolution was lost.
The following message was received from the Senate, by
their Secretary, Mr. Kenan :
Mr. Speaker :—The Senate have agreed to the following
resolution, to-wit:
A resolution in reference to the distribution of the relief
fund for soldiers families, in winch they ask the concur¬
rence of the House of Representatives ; and I am directed
to transmit the same forthwith to the House of Represen¬
tatives.
On motion; the House adjourned until 9 o'clock to-mor¬
row morning.
THURSDAY MARCH 17th, 1S64. )
9 OCLOCK, A. M. )
The House met pursuant to adjournment.
Prayer by Rev., Mr. Flinn.
Mr Holt of Bibb, moved a reconsideration of so much
of the Journal of yesterday as relates to the passage of the
bill to repeal the act amending the charter of the Macon
and Western Rail Road Company, &c., which motion was
lost.
90
JOURNAL OF THE HOUSE,
Mr. Birrts of Chattahoochee, moved to reconsider so
much uf the journal of yesterday as relates to the loss of
the resolution to tranfer or disband the State, troops, upon
which motion the 'yeas and nays were required to be re¬
corded, and resulted in yeas 52 and nays 90.
•»
Those who voted in the affirmative are Messrs.
Adams,
Brady,
Burch,
Burts,
Carter of Stewart,
Cook,
Crawford,
Davenport,
Dever,
Dixon,*
D win ell,
Ezzard,
.Fowler,
Fraser,
Gup of Chatham,
Grant,
Groves,
Hawes, _ Mitchel of Pike,
Efawkius of Bald- Ogletree,
Rani bo,
Red wine,
Roberts of Calhoun,
Robinson,
Will,
Hill,
Holt,
Ilooper,
Horscly, Roper,
Hnggins, Scruggs,
Hunter, Selmaii,
Ilutchings, Sharpe,
.T.ones of Newton, Smith, of 1
Long,- Warren,
Matthews of Scriven Whitehead,
McDonald of TLom-Wiiliams,
as, Wells,
McKenney, , Wood,
Moore, Worley, •
'atnall,
Those who voted in the negative are Messn
Aired, Davis,
Awtry, ' Dubose,
Barclay, Edwards.
Barksdale of Lin-Elam,
coin, ■ Faulk,
Barksdale of WilkesGartrell,
Barnes, Gil more,
Beall of 'Randolph,Graham,
Berry, Green,
Blake, Grcstiam of Greene
Brewster, Grogan,
Brock. Hawkins of
Brown of Houston, syth,
Brown, of Stewart, Hawkins of
Brown of Wash'ton thorpe,
Bryan of Quitman, Iliers,
Burney, Horne,
Carlton, • Hundley,
Carswell, Jackson of Whit-
Carter of Appling, field,
For-
Ogle
Collins,
Corbin,
Johnson of Mcin¬
tosh,
Johnson of Spald¬
ing.
Kenned}'',
Kiinbrongh,
Ivirby,
Lang,
Langston,
Lawhon,
Lawson,
,Lemonds,
Leonard,
Lovel,
Manson,
-Matthews of Ogle¬
thorpe,
McConnell,
McDaniel,
McDonald of Banks
McDonald of
Lowndes,
Miller,
Mitchell of Pulaski,
THURSDAY, MARCH 17th, 1S64". 91
^Nicholson, , Reid, Stephens,
Oakes, Reese, • Stewart,
Oates, Rhodes, Taylor,
Overstreet of Eman-Roberts of Miller, Tomli nson,
ue^' Russell of Chatham,Trammel],
Overstreet of PierceShockley of Colum-Underwood,
Parsons, ^ bia, Wallace,
Phillips of Merri- Shbckley of JacksonWiggins,
wether, Simms, . Wilson,
Pittmau, Smith of Berrien, Zeigler,
Poole, $mith of Walton,
RawUtoi*, . Starke,
Ayeti <52 ; nays L)G. So the motion was lost-
t
Mr. Kirov submitted the following report:
The commiitee on transportation to whom was referred
a resolutioa authorising the Governor to purchase wagons,
and teams for the transportation of corn from the-Rail Road
to indigent soldiers families have had the same under con-
sideiatioii, and I am instructed to report the snine back to
the House with the recommendation that it do pass.
T, KIRBY, Chairman pro tern,
of committee on Transportation.
Mr. Stephens of Hancock, Chairman of the Judiciary
Committee submitted the following report:
The committee on the Judiciary to whom were referred
the Governor's message and five series of House resolu¬
tions, all on the subject of the suspension of the privilege
of the writ of Habeas Corpus, have had the subject, and
each of these propositions under consideration, and having
been unable to agree upon either of the propositions or up-*
on any other, beg to be discharged from the further con¬
sideration of the subject.
LINTON STEPHENS,
Chairman Judiciary Committee.
On motion of Mr. Stephens, the committee was dis¬
charged from the further consideration of these resolations
and the same was made special order for to-morrow morn¬
ing 10 o'clock. t *
O:i motion of Mr. Adams of Clarke, the rules of the
House were suspended and the following resolution was
read and adopted ; • ,
Whereas it is said that an order has been issued from the
ofSce of the Adjutant and Inspector General of the State
of Georgia, that the members of the Georgia Annual Con¬
ference of the Methodist Episcopal Church South, are'lia-
92
JOURNAL OF THE mjusu,
ble to enrollment and military duty under the Act to re¬
organize the militia of the State of Georgia, passed by the
Legislature at its last session, and whereas that act exempts
from enrollment and service Ministers of Religion in the
actual care and charge of any organized Church or Syna¬
gogue,
Resolved, That His Excellency the Governor, be and he
is hereby requested to communicate to this House all or¬
ders on this subject from the Adjutant and Inspector Gen¬
eral, and the reasons for such orders.
The House took up the report of the committee on the
bill to be entitled an act to encourage tbe organization of a
navy.
The report of the committee was agreed to, the bill was
read the third time and passed.
The House took up the report of the committee on the
bill exempting county Treasurers from military duty.
The report of the; committee was agreed to, the bill was
read the third time and passed.
The House took up the bill to disfranchize and decitizen-
ize all persons who desert from the Confederate States army
and go to the enemy, or who shall leave without leave apd
go to the United States or any other foreign country to
avoid service in the army.
The report was agreed to and the bill lost.
Mr. Stephens,- chairman of the Judiciary Committee
made the following report :
Mr. Speaker.—The Judiciary Committee have had the
following bills to-wit under consideration and submit their
report as follows ;
A bill tQ be entitled an act to amend the 1741st section
of the Code of Georgia* recommend this bill do not pass ;
Also, a biH to be entitled an act to exempt county Treas¬
urers from military duty, recommend this bill do pass ;
Also, a bill to be entitled an act to authorize persons
-owning or cultivating more plantations- than one in this
State to plant all the cotton they are allowed by law on
one or more of said plantations ; the committee report back
to the House substitute in lieu of the original and recom¬
mend it( (3o pags; . 1
AWra bilLfa-tys entitled an act to fund without an order
all Confederate and Treasury notes in four per cent bonds
witb.o^t qn qrder by Administrators,'Exectitors, Guardians
and Trustees and to legalize the same. The committed re¬
commend this bill do pass, with the following proviso, that
the liabilities of Administrators, Executors, Guardians and
Trustees heretofore existing, shall not be affected by the
passage of this act;
Also, a bill for the relief of Trustees, recommend this
bilL db pass by striking out the second section of the bill.
THURSDAY, MARCH 17th, 1864. 93-
Also, a bill to disfranchise and decitizenizc all persons
who desert from the Confederate States army and go to the
enemy or who shall leave the Confederate States without
leave and go to the United States or any other foreign coun¬
try for the purpose of evading service in the Confederate
or State army. The committee recommend this bill do not.
pass.
(Signed) LINTON STEPHENS, Ch'mn.
The House took up the report of the committee on the
bill for the relief of Trustees.
The report of the committee was agreed to the bill was.
read the third time and passed.
The bill to be entitled an act to amend the 174ist section
of the Code ot Georgia, was taken up and lost.
The House took up the report of the committee on the
bill to be entitled an act to fund without an order all Con¬
federate Treasury notes in four f er cent bonds b}'" Adminis*^
trators, Executors, Guardians and Trustees and to legalize
the same. *
The reoort of the committee was agreed to the bill was
read the third time and passed.
The House took up the report of the committee on the
bill to be entitled an act to define what is not a violation
of the act assented to 11th Dec. 1862, as to planting cot-
ton,
For which the Committee on the Judiciary had reported
a substitute.
The report o'f the committee was agreed to,- the bill was
read the third time and passed.
The House took up the report of the committee on the
bill to require the Railroad companies in this State as well
as the Western and Atlantic Rail road to-keep water and
lights in the cars for passengers on their respective trains.
°Mr. Adatrfs moved to amend by inserting the Western and
Atlantic Railroad which was agreed to.
The report of the committee was agreed to, the bill was
read the third time and passed.
The House took up the report of the committee on the
bill to be entitled an act to allow Thos. S. Hopkins to ad¬
minister on the estate of Scott C. Grignilliat in the county
of Brooks, for which the committee had reported a substi-
^The report of the committee was agreed to, the bill was;
read the third time and passed.
The House took up the report of the committee on the.
bill to authorize county officers to fund any public money
they may have on hand before the first of April next.
Mr. Adams moved to strike out the 2d section, which mo¬
tion prevailed.
94
JOURNAL OF THE HOUSE,
Mr. Ezzard offered the following amendment to the 1st
section : "and fuuds in their hands received from kSheriffs
for'the sale of runaway negroes", which was agreed to.
The report of the committee was agreed to, the bill was
read the third time and passed.
Mr. Moore, chairman of the Finance Committee made
the following report :
Mr. SpeaJccr.—The Committee on Finance to whom was
referred the bill to be entitled an act to authorize county
officers to fund any public money they may have on hand
before the 1st day of April next, have had the same under
consideration and report it back to the' House and recorp-
mend that it do not pass ;
Also, a bill to repeal an act entitled an act to levy and
collect a tax on the net income and profits of persons and
corporate bodies, &c., and recommend that it do not pass.
• B. B. MOORE, Ch'mn.
The following message was received from the Senate
by their Secretary, Mr. Kenan : *
Mr. Speaker.—The SeDate have concurred in the resolu¬
tion of the House of Representatives in relation to the set¬
tlement of tax fi fas vs H. T. Livingston of the' county of
Clinch, and R. H. McCrosky of the county of Fulton.
The Senate have also passed the following bills of the
House of Representatives by constitutional majorities to-
wit:
A bill to incorporate the Ocmulgee River Railroad and
for other purposes therein mentipned.
Also, a bill to be entitled an act to incorporate the Co¬
lumbia and Augusta Railroad Company.
The Senate have also passed the following bills of the
House of Representatives, to-wit:
A bill to be entitled an act to amend an act to incorpo¬
rate the town of Fort Gaines. *
Also, a bill to be entitled an act for theVelief of the Tax
Receivers and Collectors of the counties of Richmond,
Chatham, Muscogee, Bibb, Decatur and Fulton,, for the
year 1863. ' .
Also, a bill to be entitled an act to admit copies of deeds
and other instruments in evidence when the originals are in
the United States.
Also, the following Senate bill to be entitled an act to
amend an act entitled an act to further provide for the sup¬
pression of unlawful distillation of grain and other com¬
modities in this State, assented to Dec. 3d, 1863.
The House took up the report of the committee on a bill
to repeal the act to levy and collect a tax on net income
and profits of persons and corporate bodies.
The report was agreed to and the bill lost.
THURSDAY, MARCH 17th, 1SG4.
9-5
The House took up the resolution in reference to certain
battle liags which was read and adopted:
The Senate resolutions authorizing the Governor to pur¬
chase wagons and teams for the transportation of corn from
the Railroad to soldiers' fartiilies, was taken up and con¬
curred in.
The resolutions of complaint against the Commissaries
appointed by authority of the Confederate government to
set prices in this State, was taken up and on motion of Mr.
Wright, of Coweta, was indefinitely postponed.
The resolutions relative to conscribing the militia of
Georgia, were referred to the Committee on Military Af¬
fairs.
The Senate bill to amend an act entitled an act to fur¬
ther provide for the unlawful distillation of grain and other
commodities in this State, assented to Dec. 3d, 1863, was
read the 1st time.
The House took up the Senate bill to be entitled an act
to amend the 1070th section of the Code of Georgia.
The report of the committee was agreed to, the bill was
read the third time and passed.
The Senate resolution in reference to the distribution of
the relief fund for soldiers families was read and adopted.
Also, the Senate resolution jn relation to the publication
and distribution of the acts of the General Assembly.
Leave of absence was granted to Mr. Kimbrough of Har¬
ris, for the balance of the session after to-morrow.
On motion, the House adjourned until 3 o'clock, P. M.'
3 o'clock, P. M.
The House met pursuant to adjournment.
The following Senate bills were read the 2d time and
committed for a third reading to-wit:
A bill to be entitled an a<jt to repeal an act entitled an
act to change the time of holding the Inferior Court (for
county purposes) of Washington county, Georgia, from the
first Tuesday to the first Wednesday in each month, assen¬
ted to April 17th, 1863.
Also, a bill to be entitled an act to authorize the Govern¬
or to impress in certain cases the rolling stock of Railroads
either of this State or to be found in this State not being in
use at the time of said impressment, or other conveyance
for the purpose of transporting supplies and provisions pur-
cased or ordered to be purchased under any law of this
State for the indigent families of soldiers, on paying just
compensation therefor.
96
JOURNAL OF THE HOUSE,
• The House took up the report of the committee* on the
bill to be entitled an act to change the line between the
counties of Butts and Monroe so as to include the residence
of Archibald W. Tanner in ,the county of Monroe.
The report of the committee was agreed to and the bill
lost.
The following message was received from the Senate by
Mr. Kenan, their Secretary :
Mr. Speaker.—The Senate has passed the folio-wing-bill
of the .House of Representatives, to-wit:
A bill to .be entitled an act to authorize Administrators,
Executors, Guardians and Trustees to invest in Confederate
States four per cent bonds, with an amendment in which
they ask the concurrence of the House of Representatives.
On motion, the House took up said bill and refused to
concur in'said amendment.
The following messa'ge was received from the Senate by
their Seeretary Mr, Kenan :
Mr. Speaker.—The Senate have concurred in the resolu¬
tion of the House of Representatives in relation to certain
battle^flags, and I am directed to transmit the same forth¬
with to the House of Representatives.
The following message was received from the Senate by
Mr. Kenan their Secretary :
Mr. Speaker.—The Senate has receded from its amend¬
ment to a bill entitled an act to authorize Administrators,
Executors, Guardians and Trustees to invest in four per
cent Confederate States bonds.
The House took up the report of the committee on the
bill to be'entitled an act to indemnify Executors, Adminis¬
trators, Guardians and Trustees against loss on account of
the depreciation of the currency.
Mr. Wright, of Coweta, moved to Btrike out the proviso,
which motion prevailed.
Mr. Horsely moved further to amend by adding the words
"by order of the Ordinary," which was agreed to.
The report as amended was agreed to, the bill was read
the third time and passed.
Leave of Absence was granted to Mr. Carter of Stewart
after to-morro\^
The House pok u£ the report of the committee on the
bill to be entitled an act to provide for the payment of ac¬
counts for treating and nursing small pox cases. '
The report of the committee was disagreed to and the-
bill lost.
On motion, the House adjourned until 9 o'clock to-mor-<
row morning.
FRIDAY, MARCH ISth, 1S64. 97
FRIDAY, MARCH IStii, 1834. >
9 o'clock, a. m. y
1 he House met pursuant to adjournment.
Prayer by the Rev. Mr. Flinn.
Mr. Stephens, Chairman of the committee on the State
of the Republic, to whom was referred the resolutions "de¬
flating the ground on which the Confederate States stand
m this war and the terms on which peace ought to be of¬
fered to the enemy,1' reported said resolutions back to the
House, with a recommendation that they be adopted.
Mr. Lawson ot Putnam, olio red the following amendment,
as an additional resolution.
Ih'sohed, Sl!i11/, That while the foregoing is an expression
of the sentiments ot this General Assembly, respecting the
manner in wh:ch peace should be sought, we renew our
pledges of the resources and power of this State, to the
prosecution ot the war, defensive on our part, until peace is
obtained upon just and honorable terms and until the inde¬
pendence and nationality of the Confederate States is estab¬
lished upon a permanent and enduring basis—which amend¬
ment was agreed to.
Mr. Adams move to strike our- a portion of the Oth sec¬
tion—which motion was lost.
Mr. Warren ofLee, moved to strike out a portion of said
section—which motion was lost.
Mr. Leonard of Talbot, offered the. following as a substi¬
tute for said resolutions:
The Government and people of the Confederate States,
have never desired war. The whole world knows it. Even
before the first gun was fired, we sent Commissioners to
Washington, and offered to be and remain at peace, asking
only the privilege of self-government. Our commissioners
were cheated, deceived, and finally spurned. Our President
has reiterated the desire for peace as often as he has address¬
ed a message to Congress. These sentiments have been
published lar and wine.
On the other hand, the Congress of the United States de¬
clared, again and again, that the object of the war was con¬
quest, confiscation and subjugation. Their armies are up¬
on our soil, wasting our substance, insulting our people and
threatening our utter ruin. Shall we, then, upon every oc¬
casion of success to our arms, few of which will be admit¬
ted as reverses by them, place ourselves in ,the attitude of
suppliants and sue for peace? Will it not be time enough
to ask for peace, when we may reasonably count,at least
upon being heard?
Would it not be better policy to preserve our self-respect
and thus command the respect of others?
In view of the foregoing considerations,
7
98
JOURNAL ur luu aauuuuj
Be it Resolved by the 'General Assembly of Georgia, That
whenever the Government of the United States, by act of
its Congress, or otherwise, shall manifest a willingness to
accept offers of peace, then and then only, can our govern¬
ment make official offers-of peace, without a compromise of
its dignity and a violation of its honor—which substitute
was lost.
The resolutions were adopted.
The House took up the resolutions on the suspension of
the writ of Habeas Corpus.
Mr. Adams moved, that the resolutions be laid on the ta¬
ble for the present, on which motion, the yeas and nays
were required to be recorded and resulted in yeas 49, and
nays 88.
Those who voted in the affirmative, are Messrs:
Adams,
Anderson,
Brady,
Brown of Stewart,
Brown of Washing
ton,
Bryan of Quitman,
Burts,
Carter of Stewart,
Crawford,
Davenport,
Dixon,
Dwinell,
Ezzard,
Fleming,
Fraser,
Gay of Early,
Gue of Chatham,
Grant,
Groves,
Hawkins of Bald
win,
-Hoof>er,
Huggins,
Hunter,
Jackson of Clark,
Jones of Burke,
Jones of Newton,
Lang,
Law h on,
Lawson,
Leonard,
Long,
Love,
Matthews of
thorpe,
Ogle
Those who voted in the negative, ar
Aired, Burch, .
Awtry, Burney,
Barclay, ' Carlton,
Barksaale of Lin-Carswell,
coin,. Carter of Appling,
Barksdale of WilkesCollins,
Barnes, Cook,
Bell of Jackson, Corbin,
Beall of Randolph, Davis,
Berry, Dubose,
Blake, Edwards,
Brewster, Elam,
Brock, Faulk,
Brown of Houston,Fowler,
Manson, •
Matthews of Scriv-
• en,
McKenney,
Miller,
Nicholson,
Ogletree,
Parsons,
Rambo,
Roberts of Calhoun,
Roberts of Miller,
Robinson,
Russell of Muscogee,
Wallace,
Warren,
Whitehead,
-Williams,
Wood.
e Messrs.
Gartrell,
Gilmore,
Graham,
Green,
Gresham of Greene,
Grogan,
Hawkins of Forsyth
Hiers,
Hill,
Holt,
Home,
Horsley,
Hundley,
Hatchings.
FRIDAY, MARCH IStii, 1S64.
99
Jackson of Whit-Oakes, Shockley of Jackson
field, Oates, Smith of Berrien,
Johnson of Mcln-Overstreet of Smith of Tattnall,
tosh, Emanuel, Smith of Walton,
Johnson of SpaldingOverstreet of PierceStarke,
Kennedy, Phillips of Meriwe-Stephens,
Kimbrough, ther, Stewart,
Langston, Pittman, • Sutton,
Lemonds, Poole, Taylor,
Lott, Rawlstoo, Tomlinson,
Lovel, Red wine, Tra mm ell.
MeConnell, Reid, Underwood,
McCurry, Reese, Wig-gins,
McDaniel, Rhodes, Welis,
McDonald of Banks,Russell of Chatham,Wilson,
McDonald of Scruggs, Worley,
Lowndes, Selman, Wright,
Moore, Sharpe, Zeigler.
Mitchell of Pike, Shockley of Colum-
Miteliell of Pulaski, bia,
Ayes 49; Nays SS. So the motion was lost.
On motion the resolutions were taken up by sections.
Mr. Matthews of Oglethorpe, moved to strike out the first
resolution, and substitute the followiug in lieu thereof: ■
"Resolved by the General Assembly of the State of Georgia,
1st. That we the Representatives of the people, have full
confidence in the integrity and patriotism of the President
and Congress of the Confederate States"—which was with¬
drawn.
The 1st resolution was received without amendxnent.
Mr. Stephens of Hancock, moved to amend the 2d sec¬
tion, by striking out the words "utterly void" and insert
"•in the judgment of this General Assembly,'1—which was
agreed to.
Mr. Stephens moved to amend the 3d section, by strik¬
ing out "usurpation" and insert, "exercise," and strikeout
the word3, "are utterly void" and insert in lieu thereof, the
words "in the judgment of this General Assembly uncon¬
stitutional,"—strike out the word "alarming" and insert in
lieu, the word "dangerous"—strike out the words ••with¬
out'any existing necessity to excuse it"—and also, to insert
between the words "and" and "our"—in the 3<1 line from
the bottom of said section, the word "while" arid strike
out the words "blotted from the record of our Laws"—and
insert the words "repeal, we refer the question of its valid¬
ity to the Courts, with the hope that the people and the
Military authorities, will abide by the decision"—which
amendments were agreed to.--
100
JOURNAL OF THE HOUSE,
Mr. Moore of Thomas, offered the following as a substi¬
tute for said resolutions :
"The General Assembly of the State of Georgia, do Re-
solve, That having full confidence in the patriotism and in¬
tegrity of the President and Congress, of the Confederate
States, and believing that the suspension of the writ of Ha ■
bcas Corpus would not have been asked but for the good
of the country, and under the necessities, which by the
terms of the Constitution, justify the act of suspension, and
that the same will not be uned to the oppre&sion of the
o-ood people of the Confederate States, that the General
Assembly will take 110 action upon the matter, leaving the
construction of the act, to the Judicial tribunals of the coun¬
try."
'Pending the consideration of said substitute, the House
adjourned until 3 o'clock, P. INI.
• 3 0S CLOCK, 1'. M.
The House met pursuant to adjournment*
The following message was received from the Senate, by
Mr. Kenan, their Secretary:'
jlXn Spcuktr: The Senate has passed the following bills
of the House, to-wit:
A bill to be entitled an act to amend the several tax laws-
of this Stat^ unci for other purposes—with an amendment
in which they ask the concurrence of the House.
Also, a bill to be entitled an act supplemental to an'act*
assented 'to Dec. 14th, JLS63. to provide for raising a reve¬
nue for the political year 1S64, and to appropriate money
for the support of the government during said year, and to
make certain special appropriations and for other purposes,,
with certain amendments, by a constitutions] majority of
yeas 26 and nays 3, in which they ask the concurrence of
the House.
Also', a bill to be entitled an act to appropriate the sum
of £9^,1; hun<?fcd gyd eighteen dollars, for the common school
fond in the county of Wilcox, for the year 1S33.
Also, a hi*!! to be entitled an act to require the Reporter
of th^ Supreme Court, to publish the decisions of the Su-
pre'uW Court, in pamphlet form, with an amendment, in
vyhicb they ask the concurrence of the House.
Also, a bill to be entitled an act to amend the 15th sec¬
tion of "an act entitled an act to reorganize the Militia of
Georgia, and for other purposes"—approved 14th Decem¬
ber, 1863.
FRIDAY, MARCH ISTII, ISGi.
301
Also, a Mil to be entitled an act extending the time of
county othcers, filing their bonds anil taking out Commis¬
sions wit;) certain amendments-—in which they ask the con¬
currence of the House.
Also, a bill 0f ^jle Senate, to be entitled an act to incor-
poiate an Insurance Company in the city of Columbus, to
>e citlled the Merchants' Insurance Company of Columbus,
Cxeorgia.
Mr. Garrrell, Chairman of the committee on Enrollment,
reports a-; duly enrolled and ready for the signatures of the
Speaker oi che House of Representatives and the President
oi the Senate—the following acts>, to-wit:
An act to amend an act, to incorporate the town of Fort
Gaines.
Also, an act tor the relief of the Tax Receivers and Col¬
lectors of the counties of Richmond, Chatham, Muscogee,
Kib'o, Decatur and Fulton, for the year 1S03.
Also, an act to authorize Administrators, Executors,
Guardians and Trustees to invest in Confederate States
Four per cent Bonds.
Also, ail act to incorporate Ocmulgee River Rail Rood
and for other purposes therein mentioned.
Also, an act to incorporate the Columbia and Augusta
Rail Road Company.
Also, a Resolution for settlement of Tax fi. fas. vs. H. P.
Livingston of the county of Clinch, and R. II. McCrosky of
the county of Fulton.
Also, resolutions in reference to certain Battle Flags.
Also, an act to admit copies of deeds and other instru¬
ments in evidence when the originals are in the United
States.
Also, an act to appropriate the sum of four hundred and
eighteen dollars for the common school fund in the county
of Wilcox, for the year 1303.
Also, an act to amend the fifteenth section of an act en¬
titled an act to reorganize the Militia of Georgia, and for
other purposes—approved 14th Dec., 1S63.
The following message was received from His Excellency
die Governor, by Mr. Campbell, his Secretary, to-wit:
Mr. Speaker : I am directed by the Governor, to deliver
to the House of Representatives, a message in writing, in
reference to a resolution of enquiry.
Mr. Gartrell, from the committee on Enrollment, report¬
ed^'duly enrolle ] and signed by the President of the Sen¬
ate, and ready for the signature of the Speaker of the
House of Representatives, the following act and resolutions,
to-wit:
An act to amend the 1670th section of the Code of Geor¬
gia-
102
JOURNAL OF THE HOUSE,
A resolution approving the action of the Governor, m
purchasing wagons and teams for the transportation of corn
from the Rail Road, to indigent families of soldiers.
Also, a resolution in reference to the publication and dis¬
tribution of the acts of the General Assembly.
Also, a resolution in reference to the distribution of the
relief fund for soldiers' families.
The House resumed the consideration of the resolutions
upon the suspension of the writ of Habeas Coiyus, and pend¬
ing the discussion thereon, the House adjourned until 7i
o'clock, this evening.
o'clock, P. M.
The House met pusuant to adjournment.
Leave of absence was granted to Mr. Hooper of Bartow,
for the first two days of the Session.
The House took up the Senate bill, to be entitled an act
to amend an act entitled an act to further provide for the
suppression of unlawful distillation of grain and other com¬
modities in this State, assented to Dec. 3d, 1863—which
was read the 2d time and committed for a 3d reading.
The House took up the Senate amendments to the bill
to be entitled an act supplemental to an act, assented to
December 14th, 1$G3, to provide for raising ••puue for the
political year 1SG4, and to appropriate money lor the sup-
j)ort of the government during said year, and to make cer¬
tain special appropriations and fo? other purposes, and con¬
cur rpd it^ihe same.
Leave of absence was granted to Mr. Roberts of Calhoun,
for the remainder of the Session.
The House took irp the Senate amendments to the bill
to be entitled an act to amend the several tax laws of this
State, find for other purposes,
Mr. Wallace of Taylor, offered the following amendment
to the Senate amendment:
Provided, that the taxes levied under the bill known as
the income tax bill may be j>aid in the funds in which the
profits are made—which amendment was lost.
. concurred iq the Senate amendment.
The up the Senate amendment to the bill to
b$ pntitle4 W$ct to extend the time of county -officers to
£1^ ^onas and take out commissions and concurred in
the sa«]e<—also, concurred in the Senate amendments to the
tyiU, to require the reporter of the Supreme Court, to pub-
)i$li the decisions of the Supreme Court in pamphlet form.
On motion of Mr. McCurry of Hart, the rule was sus¬
pended when he introduced a resolution asking our mem¬
bers in Congress, to use their influence to have established
FRIDAY, MARCH ISth, 1864.
^ ^-"-weekly Mail line between Elberton and Hartvvell, in
^tvt a^e which was taken up, read and adopted,
f] n ®avnes Richmond, offered a resolution authorizing"
ie Governor, to issue a commission to William A. Walton,
Esq., Agent of the State of Georgia, for the collection of
claims of deceased soldiers—which was read and adopted..
Oil motion the House took up the communicatiou from*
the Governor—which was read and is as follows:
EXECUTIVE DEPARTMENT, )
Milledgeville, Geoeuia, March 18th, 1SG4. J
-T° the House of Representatives:
In compliance with your Resolution, I herewith transmit
a letter of the Adjutant and Inspector General, upon tire
subject of the exemption of the Ministers of the Methodist
Episcopal Church, from Military service, together with the
•orders issued by him upon that subject.
I also transmit copies of letters addressed by Col.M. C.
Fulton, my Aid-de-Ofmp, by my direction, to persons who
have submitted enquiries whether local Ministers of that
church are exempt under the Statute.
While the language of the-Statute does not embrace or¬
dained local Ministers, not in charge of a Church ot Syna-
'gogue, I was of opinion they came within the spirit of the
act, as many of. them spend *a considerable portion of the
time in Ministerial service, and I therefore so construed the
Statute as to exempt them.
It will be seen by the letter of Gen. Waytle, that his'or¬
der to Col. Pottle, was never submitted to me for approval.
I will add, that I never heard of this order till complaint
was made to me about it, on the night of the 15th instant;
and on the next morning I directed the Adjutant and In¬
spector General, to issue the General Order, of which I en¬
close a copy, which had been done before I had any notice
of vour Resolutions, which were passed the day after the
order had issued. .
So fur from having any intention to place a construction
■upon the Statute, which would subject the Ministers, known
as Circuit preachers, and Elders of the Methodist Church,
to Military duty, I had, on all occasiohg, tohei'i the isujiject
was mentioned to me, stated that they were exempt.
" And I may here state, that I have constantly expressed
tdv opposition to the passage of any act by Cdngress, or'the
State Legislature, which subjects the ordained Ministers of
anv religious denomination to Military service. Their av¬
ocation is one of peace and not of war, and I think tha^ no
Legislature should forget the command, "touch- not mine
aonomted. JOSEPH E. BROWN!
JOUKNAL OF THE HOUSE,
The IJouse resumed the consideration of resolutions up¬
on the suspension of the writ of Habeas Corpus.
Mr. Brock' of Haralson, called the previous question,
which was sustained; and upon the question of receiving
the substitute offered by Mr. Moore, in lieu of the original
resolutions—the yeas and nays were required to be record¬
ed, and resulted in yeas 07 and nays 71.
Those who voted in the affirmative, are Messrs
Adams, Hawkins of Bald-McDonald of Thorn-
Brady, win,
Brown of Houston,Hawkins
Brown of Stewart, thorpe,
Brown of Washing-Hill,
ton, Holt,
Bryan of Quitman, Hooper
Burts,
Carter of Stewart,
Collins,
Crawford,
Davenport,
Davis,
Dever,
Dixon,
Dwinell,
Ezzard,
Fleming,
Fraser,
Gay of Early,
Gtie of Chatham,
Gartrell,
Gr&t,
Groves,
Hawes,
as,
of Ogle-McKenney,
Miller,
Moore,
Mitchell of Pike,
Nicholson,
Ogletree,
Parsons,
Rambo,
Reese,
Roberts of Miller,
Robinson,
Roper,
Russell of Musco-
gee,
Stewart,
Sutton,
WaTlace,
Warren,
Whitehead,
Horsley,
Huggins,
Hunter,
Jackson of Clark,
Jones of Burke,
Jones of Newrton,
Kennedy,
Lang,
Lawhon,
Lawson,
Leonard,
Long,
Love,
Manson,
Matthews of Ogle-Williams,
thorpe, Wilson,
Matthews of Scriv-Wood,
en,
Those who voted in the negative, are Messrs : "
Aired, Carter of Appling, Hiers,
Awtry, ■ ' Cook,
Barksdale of Lin-Corbin,
coin, Dubose,
Barksdale of WilkesEdwards,
Barnes,- 1 "f> J
Bell of Jacksdfl,
Berry, J
Blake, f
Brock,
Bjirch,
Buriiey,
Carlton,
Carswell,
El am,
Faulk.
^Fowler,
Gilmore,
Graham,
Green,
Home,
Hutchings,
Jackson of Whit¬
field,
Johnson of Mcin¬
tosh,
Johnson of Spalding
Langston,
Lemonds,
Lott,
Gresham of Greene,Lovel,
Grogan, McConnell,
Hawkins of Foray thMcCurry,
FRIDAY, MARCH 18th, 1SG4. 105
McDauiel, PooIp Simms
McDonald of Banks,Rawlston, Smith of Berrien,
1 ^onajd of Redwine, SmithofTattna.il,
Reid, Smith of Walton,
xlitohellof Pulaski,Rhodes, Starke,
^ es' Russell of Chatham,Stephens,
Jrates' Scruggs. • Tomlinson,
O verstreet of Einan-Selm an, Trammell,
ue*' Sharpe, Underwood,
Overstreet of PierceShockley of Coluai-Wiggins,
Phillips of Merri- bin, Wells,
wether, Shockley of Jack-Worley,
Pittman, son, Zeigler,
Ayes 67, pays 71. So the substitute was lost.
The vote was then taken upon the adoption of the origi¬
nal resolutions, and upon which the yeas and nays were re¬
quired to be recorded and resulted in yeas 71 and nays G9.
Those who voted in the affirmative, are Messrs :
Aired, Hawkins of ForsythPittman,
Awtry, Hiers, Poole,
Barksdale of • Lin-Horne, Rawlston,
coin, Hutchings, Redwine,
Barksdale of Wilkes Jackson of WhitfieldReid, 4
Barnes, Johnson of Mcln-Rhodes,
Bell of Jackson, tosh, Russell of Chatham,
Berry, • Johnson of SpaldiogSelman,
Blake, Langston, Sharpe,
Brock, Lemonds, Shockley ,of Colum-
Burch, Lott, bia,
Burney, ' Lovel, Shockley of Jack-
Carlton, McConneli, son,
Cars well, McCurry, * Simms,
Carter of Appling,McDaniel, Smith of Berrien,
Collins, McDonald of Banks,Smith of Tattnall,
Cooki McDonald of Smith of Walton,
Corbin, Lowndes, . Starke,
Dubose, Mitchell of Pulaski,Stephens,
Edwards, Oakes, Tomlinson, ;
Faulk, Oates, Tij&nrmeJ.J* ,
Fowler 0 verstreet ofEman-Underwood,
Gilmore, ' '
C en 0verstreet of PierceWells, . , ,
Gresham of Greene,Phillips of Merri-Worley,
Grogan, wether, Zeigler,
Those who voted in the negative, are Messrs:
a zjnms Brown of Houston,Brown of Washing-
Brady!' Brown of Stewart, ton,
106
JOURNAL OF THE HOUSE,
Bryan of Quitman,
Burts,
Carter of Stewart,
Crawford,
Davenport,
Davis,
Dever,
Dixon,
I) win ell,
Elam,
Ezzard,
Fleming,
Fraser,
Gay of Early,
Gue of Chatham, ,
Gartrell,
Hill,
Holt,
Hooper,
Horsley,
Huggins,
Hunter,
Jackson of Clark,
Jones of Burke,
Jones of Newton,
Kennedy,
Lang,
Lawlion,
Lawson,
Leonard,
Long,
Love,
Man son,
Matthews
thorpe.
Moore,
Mitchell of Pike?>
Nicholson,
Ogletree,
Parsons,
Rambo,
Reese,
Roberts of Miller,
Robinson,
Roper,
Russell of Musco¬
gee,
Scruggs,
Stewart,
Sutton,
Wallace,
Warren,
Ogle-Whitehead,
Williams,
Matthews of ScrivenWilson,
-McDonald of Thorn-Wood,
of
Graham,
Grant,
Groves,
Hawes,
Hawkins of Bald
win, as,
Hawkins of Ogle-McKenney,
. thorpe, Miller,
Ayes 71, nays 69. So the resolutions were adopted.
m Mr. Hill gave notice that he would move a reconsidera¬
tion of said resolutions, to-morrow morning.
Leave of absence was granted to Mr. Anderson of Hous¬
ton, on account of sickness, for thabalance of the Session.
On motion the House adjourned until 9 o'clock, to-mor¬
row inornifig.
SATURDAY, MARCH 19th, 3864. }
9 O'clock, a. m. }
TJhe Housq niet pursuant to adjournment.
Prayer by the Rev. Mr. Flinn.
Mr. Gaftr^l, of Cobb, moved a reconsideration of so
much of the journal of yesterday as relates to the adoption
of the resolutions upon the suspension of the writ of Ma-
leas Corpus.
Mr. Stephens, of Hancock, called the previous question
which was sustained. On the motion to reconsider the yeas
and nays were required to be recorded, and resulted in yeas
74 and nays 74.
SATURDAY, MARCH lfhu, IS64. 107
1 hose who voted in the affirmative are Messrs.
Adams, Groves, McDonald of Thom
Barclay, Haweg> as?
>re\v ster, Hawkins of BaldwinMeKenney,
j:auy, Hawkins of Ogle- Miller,
brown of Houston, thorpe,
Lrown of Stewart, Hill,
Brown of Wash- Holt,
^ ington, Hooper,
Bryan of Quitman,Horslev,
kurts, Huggins,
Carter of Stewart, Hunter,
Collins,
Crawford,
Da venport,
Davis,
Dover,
Dixon,
D win el I,
Elam,
Ezzard,
Fleming,
Eraser,
Gov of Earlv,
Jackson of Clark,
Jones of Burke,
Jones of Newton
Kennedy,
Lang,
Law h on,
Law son,
Leonai d,
Long,
Love,
Manson,
Matthews
thorpe,
Matthews
Gne of Chatham,
Garlrell,
Graham, en,
Grant,
Those who voted in the negative are Messrs.
Moore,
Mitchell of Bike,
Nicholson,
Ogletree,
Parsons,
Rambo,
Reese,
Roberts of Calhoun
Roberts of Miller,
Robinson,
Roper,
Russell of Muscogee'
Scruggs.
Stewart,
Sutton,
Tavlor,
Wallace,
Warren,
Whitehead,
Williams,
of Scriv-Wilson,
Wood,
of O
sne-
Alred, . Edwards,
Avvtry, Faulk,
B>arksdal e of Li n col nFo w 1 e r,
Barksdale of G'.lmore,
Wilkes, Green,
Kirby,
Langston,
Lemonds,
Lott,
Lovel,
Ba rnes,
Bell of Jackson, Grogan,
Beall of Randolph,Hall,
Berry, Hawkins
Blake,
Brock,
Burcli,
Barney,
Carlton,
Cars well,
Carter of Appling
Cook,
Corbin,
DuBose,
Gresham of Greene.McConnell
McCurry,
McDaniel,
of For¬
syth,
Hiers,
Home,
Hundley,
Hutchings,
Jackson of Whit¬
field,
Johnson of Mcin¬
tosh,
Johnson of Spalding
McDonald of Banks
McDonald of
Lowndes,
Mitchell of Pulaski,
Oakes, *
Oates,
Overstreet of
Emanuel,
O verstreet of Pierce
Pillips of Meri¬
wether,
10S JOURNAL OF THE HOUSE,
Pittrnan. Sliockley of Colum-Stephens,
Poole, , bia, Tomlinson,
Rawlston, Shocklev, of Jack- Trammell,
Red wine, son, ' Underwood,
Reid, Simms, Wiggins.
Rhodes, Smith of Berrien, Weils,
Russell of Chatham Smith of Tatnall, Worley.
Selman, Smith of Walton, Zeigler-
Sharpe, Starke,
Ayes nays 74. So there being a tie th? Speaker vo¬
ted in the affirmative, and the motion prevailed.
Mr. Gartrell, Chairman of the Committee on Enrollment
reports as duly enrolled and ready for the signatures of the
Speaker of the House of Representatives and the President
of the Senate, the following bills to-wit:
An act supplemental to an act assented to Dec. 14, 1863,
for raising a revenue for the political year 1864, and appro¬
priate money for the support of the government during said
year, and to make certain special appropriations and for
other purposes.
An act extending the time for county officers filing their
bonds and taking out commissions.
An act to require the Reporter of the Supreme Court to
publish the decisions of the Supreme Court in pamphlet
form.
An act to amend the several tax laws of this State and
for other purposes.
. The following message was received from his Excellency
the Governor by Mr. Campbell his Secretary, to-wit:
Mr. Speaker.—I am directed by the Governor to lay be¬
fore the General Assembly a communication in writing.
The following message was xeceived from the Senate by
their Secretary, Mr. Kenan :
Mr. Speaker.—The Senate have agreed to a resolution in
in relation to the recent military act of Congress, in which
they ask the concurrence of the Hous^of Representatives.
The Senate have also passed the following bill of the
House of Representatives to-wit:
A bill to b6 entitled an act to encourage the organization
of a navy, ancl I am directed to transmit the same forthwith
to the House of Representatives.
The following communication found on the Speaker's
desk, was read and ordered to be entered on the journal :
SATURDAY, MARCH 19TII, 18G4. 109
Red Bluff, So; Ca., March 14, 1364.
Mr. Speaker and members of the House of Representatives
of Georgia in Extra Session :
I have the honor to apply to you, for leave of absence,
during tlie present Extra Session, fofthe following reason :
I being an officer in the army, am required to obtain leave
of absence before leaving my command. An application for
leave of absence to attend the present Session has been
made by me, but the leave of absence refused.
I therefore hope, that the reasons here given, will be
deemed satisfactory, and the leave-of absence asked for wili
be granted with the additional favor of allowing the con¬
tents of this communication entered upon the journals.
Having full confidence in your ability and statesmanship,
I am very respectfully
Yur.r most obedient servant,
MORGAX.JtAWLS,
Rep. of Effingham county.
Leave of absence was granted in compliance with the
above request.
The House .took up the Senate bill to be entitled an act
to repeal an act entitled an act to change the time of hold¬
ing the Inferior Court (for county purposes) of Washington
county, Georgia, from the first Tuesday to the first Wed¬
nesday in each month, assented to April 17th, 1S6-J.
The report of the committee was agreed to the bill was
read the third time and passed.
The House took up the report of the committee on the
bill to be entitled an act to amend an act entitled an act to
further provide for the suppression of unlawful distillation,
of o-rain and ether commodities in this State, assented to
Dec. 3d, lSb3.
The reoort of the committee was agreed to, the bill was
read the third time and passed.
Leave of absence was granted to Mr. Wright and Mr.
Kirby, of Coweta, for the balance of the session.
The bill to be entitled an act to incorporate an insurance
company in the city of Columbus, to be called the Merchants'
In^ui^nce Company of Columbus, Georgia, was read the
^"iVellou^e took up the communication from his Excellen¬
cy the Governor, which was read and is as,follows :
EXECUTIVE DEPARTMENT, }
Milledgeville, March 19th, 1«>G4. j
To the General Assembly:
Tn my message at the commencement ot this present ses¬
sion X submitted to you the question whether the State
110
JOURNAL OF THE HOUSE,
shall turn over all her active miiitia between 17 and -">()
years of age to the Confederate government, under the late
act of Congress, and thus leave herself without sufficient
force to execute her own laws, and suppress servile insur¬
rection if attempted.
I think I also showed that it will be impossible for our
people to make a support for the army and the women and
children at home for another year if this is done.
Since your meeting, we are informed by the newspapers
that orders have issued for the enrollment of all these mrn
into Confederate service, and that they be senif to cajnp of
instruction, so that each must take his chance to get a de-
• tail from Richmond before lie will be permitted to cultivate
his farm or attend to any other business at home. The time
will soon have arrived when under the new conscription
act as published, all who had not enrolled themselves for
service within' the State, are subject to be enrolled and sent
wherever the liresident chooses to direct. These men have
been legally enrolled under an act of this General Assembly
for the service of the State.
In his letter to me of 29th May, 1862, the President ad¬
mits the right of the State to call forth her own militia to
execute her own laws, suppress insurrection and repel inva¬
sion, and to govern all her militia not in the- actual service
of the C onfederacy. The Constitution .also by clear im¬
plication authorizes the State to keep troops in time of war
so long as she is invaded.
The right of the State therefore to enroll into her own
service any of her militia not in the actual service of the
Confederacy, is too clear to be questioned, and is indeed ad¬
mitted.
While there can be no question about the right of the
State to keep all she has mustered into her service, she has
the power to turn them over to the Confederacy, and should
do so if she can in that way better -promote our cause by
strengthening the arm}-, without failing to make the sup¬
plies of provision necessary to prevent it from disband¬
ing-
This is one of the most important measures upon which
you were convened, and the country has a right to expect
that you will not adjourn without taking action upon it. The
sovereignty aid probably the existence of the State is in¬
volved, while justice to those now enrolled into State ser¬
vice, who are claimed for Confederate service, requires that
they know as soon as possible what disposition is to be made
of thein. Your action can settle this question either way
and avoid all conflict or collision. Having submitted the
question to your decision, I am prepared to abide your ac¬
tion when taken, whether in .conformity to my own views
of sound policy or not.
SATURDAY, MARCH 19th, 1864. Ill
I am also informed that 110 final action has yet been taken
upon the question of the suspension of the writ of Habeas
Corjrt/s, nor upon the important resolutions which have
passed the House on the subject of the terms upon which
peace should be sought, which lay down the great princi¬
ples upon which we entered into this struggle, and insist
that it is the duty of the President after each signal victo¬
ry oi our arms to tender peace upon the principles upon
which we stood when we seceded from the Union.
No final action having been taken, upon these great ques¬
tions, and I having been informed that the General Assembly
is about to adjourn, I hereby notify you that unless these
questions can be acted upon to-day before your adjournment,
I feel it my duty to require, as I hereby do, that the Gener¬
al Assembly convene in Extra Session at the Capitol in this
city on Monday the 21st instant at 10 o'clock, A. M.
As I should deeply regret to have to detain members now
anxious to return home, nothing but a sense of duty could
prompt me to take this course; and as each of these meas¬
ures can be disposed of bv resolution, I trust you may yet
be able to act upon them to-day.
Assuring you of my wish to act in concert and harmony
with you when in my power, I beg to renew my thanks for
vour official courtesy and personal kindness during this ses¬
sion. JOSEPH E. BROWN.
The House took up the report of the committee on the
bill to be entitled an act to authorize the Governor to im¬
press in certain cases the rolling stock of Railroads either
of this State or to be found in this State, not being in use
at the time of said impressment, or other conveyances for
the purpose of transporting supplies and provisions, pur¬
chased "or ordered to be purchased under any law of this
State, for the indigent families of soldiers, on paying just
compensation therefor.
The report of the committee was .agreed to, the bill was
read the third time and passed,-
Mr. Beall, of Randolph, offered a resolution rescinding
the ioint resolution adjourning the General Assembly this
day at 12 o'clock, M.
On motion, the resolution was taken up and upon which
the yeas and nays were required to be recorded, and resulted
in yeas 73 and nays
Those who voted in the affirmative are Messrs.
. , Barksdale of WilkesBrady,
Adams, jack80nj Brewster,
® ^ Beall of Randolph,Brock,
Brrksdale of Lin- Berry, Brown of Houston,
coin, Blake, Brown of Stewart,
JOURNAL OF THE HO L Sin,
&rowu of'Wash- Hawkins of For- Overstreet of Pierce
mgton, syth, Phillips of Meri-
Bryan of Quitman, Hawkins of Ogle- wether,
Burch, tliorpe, Pittman,
Burney, Hiers, . Poole,
Carlton, Home, Rambo,
Carter of Appling, Hundley, Redwine,
Carter of Stewart, Hutchiugs, Reid,
Collins, ' Jackson, of Clark, Reese,
Davenport, Jackson of Whit- Rhodes,
Davis, field, Roberts of Miller,
Dixon, Johnson, of SpalcU Robinson,
Dubose, ing, .Scruggs,
Dwinell, Jones of Burke, Selmari,
Edwards, Langston, Sirnnis,
El am, Lawhoo, « &mith of Berrien,
Ezzard, Lemonds, Smith of Walton,
Faulk, Lott, Starke,
Fleming, Matthews of Ogle- Stephens,
Fraser, thorpe, Stewart,
Gay of Early, McConnell, Sutton,
Gue of Chatham* McCurry, ' Trammell,
Gartrell, McDonald of BanksUnderwood,
Gilmore, McDonald of Wallace,
Graham, Lowndes, Wiggins,
Grant, Miller, Wells,
Green, Mitchell of Pike, Wilson,
Gresham of Greene,Mitchell of Pulafcki,Worley,
Grogan, Oakes,
Groves, Oates,.
Hawkins of BiildwiiiOgletree,
Those who vlrted in the negative are Messis.
1 °
Dever, Manson. Parsons,
Fowler, Matthews of S'criv- Sharpe,
jjiH en, Smith of Tattnall,
IJoopev, McDonald of Thonl-Warren,
Horstey, ' as' ' Whitehead,
Hunter, - Moore, Williams,
Jones, of KevHon, Nichcflson, Wood,
Lon<r, Overstreet ofEman-
Love, ue^
Yeas 73; nays 22. So the resolution was adopted.
The following message was received from the Senate by
theip Secretary, Mr. Kenan :
Mr. Speaker.—The Senate have agreed to a resolution in
SATURDAY, MARCH 19TH, 1864. IIS
relation to the adjournment of the General Assembly
which they ask the concurrence of the Hcuise of Represen¬
tatives, and I am directed to transmit' the same forthwith
to the House of Representatives.
On motion, said resolution was taken up and concurred1
in.
Mr. Lawson, of Putnam, offered a resolution complimen¬
tary to our gallant soldiers in the Held who have re-enlisted,.
&c., which was taken up, read aud adopted;
Mr. Hardeman, of Bibb, offered a resolution explanatory
of the act passed at the present session to incorporate the-
Ocmulgee River Railroad Company.
On motion, the resolution was takeu up, read and adop¬
ted.
The House took up the Senate resolutions in relation to
the recent military law of Congress.
Mr. Stephens, of Hancock, offered a substitute for said
resolution.
Mr. Adams moved the indefinite postponement of sail?'
substitute, upon which the yeas and nays were required to-
be recorded and resulted in yeas 5-S and nays 63.
Those who voted in the affirmative are Messrs.
Adams, Hawkins of Ogle-McDonald of Thorn-
Barclay, thorpe, as,
Barnes", Hill, McKenney,
Berry, Holt, ' Moore,
Brady, Hooper, Mitchell of Pike,.
Brown, of Stewart, Horsely, Nicholson,
Brown of Wash'tonHuggins, Ogletree,
Burts, Hunter, Parsons,
C0Uin's, Jackson of Clark, Poole,
Davenport, Jones of Burke, Rambo,
£)avjg Jones of Newton, Reese,
nivnn Lans, Robinson,
Dwinell, Lawhon, . Starke
TMnm Lemonds, Stewart,
v77Jir'd Leonard, Sutton,
n 1 11 Lono-, Wallace,
Love, Warren,
Manson, Whitehead,
Gae of Chatham, Matthews of Ogle- W.lhams,
win, t
Th0se who voted in the negative are Messrs.
Barksdale of Lin- Barksdale of Wilkes
Aired, coin, Bell of Jackson,
Awtry,
JOURJsa-L UJJ 1111 J 11W LJ kju,
Blake, ' Johnson of Mcln- Russell of Chatham,
Brewster, tosh, Selman,
Brock, " Johnson of Spald- Shockley of Coluni-
Brown of Houston, iDg. bia,
Burney, Kennedy, Shockley of Jackson
Carlton, Langston, Simms,
Cook, Lott, Smith of Berrien,
Corbin, McConnell, Smith, of Tatnall,
Edwards, McDonald of BarvksSmith of Walton,
Faulk, McDonald of Stephens,
Fraser, Lowndes, ' Taylor,
Gilmore, Miller, Tomlinson,
Green, Mitchell of Pulaski,Trammel!,
Gresham of Greene,Oakes, Underwood,
Grogan, Oates, Wiggins,
Hawkins of For- OverstreetofEman-Wells,
syth, uel, Worley,
Home, Pittman,
Hundley, Redwine,
Hutchings, Reid,
Jackson of Whit- Rhodes,
field, Roberts of Miller,
Ayes 58 ; nays 63. So the motion was lost.
On motion the House adjourned until 3 o'clock, P. M.
3 o'clock, P. M.
* 7
'l The House met pursuant to adjournment.
House resumed the consideration of the Senate resolu¬
tions on the recent military act of Congress.
Mr. Dever from the Committee on Military Affairs offered
resolutions as a substitute for tke substitute offered by Mr.
Stephens, of Hancock.
The previous question was called and sustained, and on
the question of receiving the subtitute offered by Mr. De¬
ver, the yeas and nays were required to be recorded and re¬
sulted in yeas 75 and nays 52.
Those who voted in the affirmative are Messrs.
Adams, 'Brown of Stewart, Davenport,
Barclay, . Brown of Washing-Davis,
Barnes, ton, Dever*
Beall of Randolph,Bryan of Quitman, Dwinell,
Brady, Burts, Edwards,
ISrevtfster, Carswell, Elam,
Brown of Houston, Collins,] Ezzard,
TSATUUIfAY, MARCH 19TII, IS04. 115
F owler,
Fraser,
Gartrell,
Graham,
Grant,
Green,
Groves,
Gue of Chatham,
Hall,
Hawes,
Hawkins of BaldwinLong,
Hawkins of Ogle-Love,
thorpe,
Hill,
Holt,
Hooper,
Horsley,
Huggins,
Hunter,
Hutchings,
Jackson of Clark,
Jones of Burke,
Jones of Newton,
Kennedy,
Lang,
Langston,
Lawhon,
Lawson,
Lemonds,
Leonard,
Manson,
Matthews ol Ogle-Taylor,
thorpe, Wallace,
Matthews of ScrivenWarren,
McDonald of Thom-Whitehead,
as, Williams,
McKenney, Wilson,
Moore, Wood,
Mitchell of Pike,
Nicholson,
Ogletree,
Pi Hips of Meri¬
wether,
Ram bo,
Reese,
Roberts of Miller,
Russell of Muscogee
Scruggs,
Starke,
Stewart,
Sutton,
Those who voted in the negative are Messrs.
of
'o'
Johnson of Spald-RusseU of Chath-
1 • r l?g'
Lin-Lott, Sharpe,
McConnell, Sh^yofColum.
McDaniel Shockley of Jack
McDonald of Banks, son,
McDonald of Simms,
Mine,WndeS' Smith of Berrien,
\}ates> Tomlirison,
Oveistieet Oi Linan-Trammell,
rn ^ Uel' Underwood,
Gresham of Greene,Overstreefc of Pierce Wio-gins
Grogan, Pittman, Woriey '
HawkinsofForsyth,Poole, ZeHer
Horne, Rawlston, ' • °
Hundley, Redwine,
Johnson of Mcln- Rhodes,
tosh, Robinson,
Ayes 75; Nays 52. So,the substitute was receive •
lieu of Mr. Stephens' substitute. " la
The question then occurred upon receiving the wW;* .
offered by Mr. Dever in lieu of the Senate riZtfom
Aired,
Awtry,
Barksdale
coin,
Barksdale of
Wilkes,
Bell of Jackson,
Blake,
Brock,
Burch,
Burney,
Carlton,
Carter of Applin
Corbin,
Dubose,
116
JOURNAL OF THE HOUSE,
The House refused to receive the substitute and the Sen¬
ate resolutions were adopted.
The House took up the resolutions relative to the sus¬
pension of the writ of Habeas Coryus, introduced by Mr-
Russell, of Muscogee.
Mr. Stephens offered as a substitute for said resolutions
the resolutions on the same subject, adopted on yesterday
and reconsidered this morning, and called the previous
question thereon, which was sustained by the House, and
on the question of receiving said substitute, the yeas and
nays were required to be recorded and resulted in yeas 68
and nays 66.
Those who voted in the affirmative are Messrs.
Aired, Home, Poole,
Awtry, Hundley, Rawlston,
Barksdale of Lin-Hutchings, Redwine,
coin, Jackson of 'Whit- Reid,
Barksdale of field, Rhodes,
Wilkes, Jphnson of Mcln- Russell of Chatham,
Barnes, tosh, Selman,
Bell, of Jackson, Johnson of Spald-Sharpe,
Beall, of Randolph, ing, Shockley of Colum-
Berry, Langston, bia,
Blake, Lemonds, Shockley of Jack-
Brock, Lott, son,
Burney, Lovel, Simms,
Carlton, McConnell, . Smith of Berrien,
Carswell, McDaniel, Smith of Tattnall,
Carter of Appliyg>, McDonald ofBanks, Smith of Walton,
Cook, McDonald of Starke,
Corbin, > Lowndes, Stephens,
Dubose, Miller, Tornlinson,
Edwards, Mitchell of Pulaski,Trammell,
Faulk, Oakes, Underwood,
Fowler, Oates, Wiggins,
Green, OverstreetofEman-Wells,
Gresham of Greene, uel, • Worley,
Grogan, Phillips of Merri-Zeigler,
Hall, * wether,
Hawkins of ForsythjPittman,
Those who voted in the negative are Messrs.
Adams* I ( Brown of Washing-Davis,
Barclay, ' ton, * Dever,
Brady, Bryan of Quitman, Dixon,
Brewster, Burts, Dwinell,
Brown, of HoustonCollins, Elaro,
Brown of Stewart, Davenport, Ezzard,
SATURDAY, MARCH- 19tii, 1SG4. 117
Fraser,
Gartrell,
Graham,
Grant,
Groves,
Gue of Chatham,
Hawes,
Hawkios of Bald¬
win,
Hawkins of Ogle
thorpe,
Hill,
Holt,
Hooper,
Horseley,
Huggtns
Hunter,
Jackson of Clark
Joacs of Burke,
Jones of Newton,
Kennedy,
Lang,
Lawhon.
Lawson,
Leonard,
Long,
Love,
-Manson,
Matthews of Ogle-Taylor,
thorpe, Wallace,
Matthews of Scriven Warren,
McDonald of Thorn- Whitehead,
as, "Williams,®
McKenney, Wilson,
Moore, Wood,
Mitchell of Pike,
Nicholson,
Ogletree,
Parsons,
Rambo,
Reese,
Roberts of Miller,
Robinson,
Russell of Muscogee,
Stewart,
Sutton,
Ayes 63 ; nays GO. So the substitute was received.
The question then occurred upon the adoption of the re¬
considered resolutions and upon which the yeas and nays
were required to be recorded, and resulted in yeas 71 and
nays 68.
Those who voted in the affirmative are Messrs.
Aired, Grogan, Oates,
Aw try, Hall, Overstreet ofEman-
Barksdaleof Li ncolnHawkins of Forsyth, uel,
Barksdale of WilkesHorne,
Barnes, Hundley,
Bell of Jackson, Hutchings,
Beall of Randolph, Jackson of Whit-
Berry,
Blake,
Brock,
Burch,
Burney
Overstreet ofPierce
Phillips of Merri-
wether,
Pittman,
Poole,
Rawlston,
Red wine,
Carlton,
Carswell,
Carter of Apph^
Cook,
Corbin,
Dubose,
Edwards,
Faulk,
Fowled
Oreen,
0resham of Greene,Oakes
field,
Johnson of Mcin¬
tosh,
Johnson of SpaldingReid,
Langston, Rhodes,
Lemonds, Russell of Chatham,
Lott, Selman,
Lovel, Sharpe,
McConnell, Shockley of Colum-
McDaniel, bia,
McDonald of Banks,Shockley of Jackson
McDonald of - Simms,
Lowndes, Smith of Berrien,
Miller, Smith of Tattnall,
Mitchell of Pulaski,Smith «f Walton,
Starke,
118
JOURNAL OF THE HOUSE,
Stephens,
Tomlinson,
Trammell,
Underwood,
Wiggins,
Wells,
Worley,
£eigler,
Those who voted in the negative are Messrs.
Adams,
Barclay,
Brady,
Brewster,
Brown of Houston,
Brown of Stewart,
Brown of Washing¬
ton,
Bryan of Quitman,
Burts,
Collins,
Davenport,
Davis,
Dever,
Dixon,
Dwinell,
Elam,
Ezzard,
Fleming, J
Eraser,
Gartrell,
Graham,
Grant,
Groves,
Que of Chatham,
Iiawes,
Hawkins
win,
Hawkins*
thorpe,
Hill,
•Holt,
Hooper,
Horsley,
Huggins,
of
of
Ogle-
Matthews of Scriv-
Bald- en,
McDonald! of Thom¬
as,
McKenney,
Moore,
Mitchell of Pike,
Kich olson,
Ogletree,
Parsons,
Rambo,
Reese,
Roberts of Miller,
Robinson,
Russell of Muscogee.
Scruggs,
Stewart,
Sutton,
Taylor,
Wallace,
Warren,
Whitehead,
Hunter,
Jackson of Clark,
Jones of Burke,
Jones of Newton,
J^eunedy.
Lang,
Law h on,
Lawson,
Leonard,
Lqng,
Love,
Maoson,
Matthews of Ogle-Williams,
thorpe, Wilson,
Wood,
Ayes 71; nays 68. So the resolutions were adopted.
Mr. Lawson gave notice that he and other gentlemen
would enter a protest on the journal against the resolutions
]ust adopted and in pursuance thereof, the following pro¬
test was read and ordered to be entered on the journal, to-
wit:
We'the Undersigned members Of the House of Represen¬
tatives protest against the passage of the foregoing Resolu¬
tion* ; u,
1st. because we believe the right of Congress to suspend
the writ pf Habeas Corpus is a clearly recognized power in
the Constitution, under limitations therein prescribed.
2d. That while we believe all arrests of citizens, should
be made by warrants—issued upon probable cause, sup¬
ported by oath or affirmation, and the law of Congress sus¬
pending the writ, admits of doubtful construction—as to
the powers granted the President under the same; still
SATURDAY, MARCH 19th, 1864. 1U>
we believe, the construction of this law, is the province of
the Courts to determine, and not the Legislature.
3d. Because the resolutions in their tendency forestall
the decisions of the Courts, which we regard beyond the
province of the Legislature and an infringement upon the
rights of a co-ordinate branch of the Government.
4th. That while we entertain dliferent opinions respect¬
ing the policy of passing said law ; still as law abiding citi¬
zens, it is our duty to acquiesce in its enforcement, until
the Courts shall decide upon its Constitutionality.
5th. Because we believe the discussion of these-ques¬
tions in the present unhappy and distracted condition of
the country, is calculated to divide the people, array them
against their government, and is fruitful of much evil.
H. F. Grant, II. S. Davenport,
John H. Mitchell, D. H. Burts,
T. G. Lawson, D. M. Brown of Houston,
M. Dvvinell, A.Nicholson,
W. S. Wallace, T. H. Hawkins of Oglethorpe,
John McKenney, Daniel Lawhon,
T. A. Parsons, W. J• Reese,
J. D. Matthews of OglethorpeS. B. Love,
Jas. A. Long, . ~ William Ezzard,
W. G. Horsely, E.D.Taylor,
F. L. Gue. ^ James McDonald of Thomas,
Thos'. Hardeman, Jr. Jas. Henry Hunter,
D. P. Hill Kinchen Kambo,
Ben. B. Moore, F. E. Manson,
Jas. H. Huggins, N. Hawkins,
L&roy Sutton, Isaac Lang,
Wm. S. Holt, n ?'<■
Wright Brady, ?^T j^'
Thos. Dixon, J-°*
Wm. 0. Flemming,
J. G. Wood, ■ l.fc-k'3an-
K. J. Warren,
ir,, r^rtrell, from the Committee on Enrollment, re-
duly enrolled and signed by the President of the
poiteua Jv for the signature of the Speaker of the
^'.^Representatives, the following acts, to-wit:
- +« nmend an act entitled ah act to further pro-
An act c unpvession of unlawful distillation of grain
vide 7^ min0(lities in this State, assented to December
3d, 1863.
Also an act to repeal an act entitled
the time of holding the Inferior Court (for con \ t0 ehange
of Washington coanty, from the first TnesJ PurP°ses)
Wednesday in each month, assented to ? the
° 17th, 1863
120
JOURNAL OF THE HOUSE,
Also an act to authorize the Governor to impress in cer-*
t;tin cases the rolling stock of Rail Roads either of this
■ State or to be found in this State, not being in use at the
time of said impressment or other conveyances, for the pur¬
pose of transporting supplies and provisions purchased or
•<or ordered to be purchased under any law of this State for
the indigent families of soldiers, on paying just compensa¬
tion.
Mr. Barnes, offered the following resolution which was
taken up, read and unanimously adopted, to-wit: '
Resolved that notwithstanding the difference of opinion
entertained by members of this Legislature in reference to
the wisdom and constitutionality of the recent act of Con¬
gress, suspending the privilege of the writ of Habeas Cor-
The General Assembly of Georgia hereby express undi¬
minished confidence In the integrity and patriotism of Jef¬
ferson Davis, Chief Magistrate of the Confederate State.
Mr. Moore of Thomas, offered the following resolutions
which were r^ad and, adopted.
Whereas, parties arrested in the State, "under the different
acts for the suppression of unlawful distillation are frequent¬
ly discharged and the objects of the law defeated 'for the
want «f counsel to, prosecute the same on the part of the
,State, and the fees prescribed bylaw in $uch cases being
inadequate to secure the services of competent counsel,
therefore—
The General Assembly of Georgia Jo Resolve} That in all
<c«ses where parties are arrested under any of the laws for
the suppression of unlawful distillation in which summary
process is provided for the suppression of the same, that
the Governor be authorized to employ counsel to represent
the interest of the State and to pay them such fees for their
services as in his judgement shall be reasonably and just.
On motion, the House adjourned until 7 1-2 o'clock this
evening.
7 $ Oclock, P, M.
The House met pursuant to adjournment.
Mr. Moore of Thomas, offered the following resolutions,
which were taken lip, read and adopted, to-wit:
Resolved, That the grateful acknowledgements of this
H#use are due and are hereby tendered to the Hon. Thom-
jas Hardeman, for the able and impartial manner in which
SATURDAY, MARCH 19TH, 1864. 121
ue has presided over the deliberations of this body during
this session.
Resolved, That the Clerk of this House be allowed two
ajs to bring up the unfinished business of his office, and
that he be paid ten dollars per da}7.
f°liowing message was received from the Senate, bv
then Secretary, Mr. Kenan :
^ Mr. Speaker.—The Senate has concurred in the follow¬
ing resolutions of the House of Representatives, to-vvit •
A resolution expressive of the confidence of this General
Assembly in the integrity and patriotism of President
Davis.
Also a resolution requesting the Governor to employ
counsel and pay them such fees as he may think proper in
the prosecution of persons for unlawful distillation.
Also a resolution construing a certain act of this General
Assembly.
Also a resolution in reference to the re-enlisting of all
the Georgia Regiments.
Also a resolution declaring tire ground upon which the
Confederate States stand in this war, and the terms on
which peace ought to be offered to the enemy. -
Mr. Gartrell, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the President of the
Senate, and ready for the signature of the Speaker of the
House of Representatives the following resolution, to-
wit:
A resolution in relation to the recent military apt of Con¬
gress. 4
The following message was received from the Senate by
their Secretary Mr. Kenan :
Mi. Speaker.—The Senate has concurred in the resolu¬
tions of the House of Representatives, relating to the sus¬
pension of the Habeas Corpus.
The following message was received from the Senate
by their Secretary, Mr. Kenan :
Mr. Speaker.—The Senate has passed the following bill
ef^he House of Representatives by substitute, to-vvit :
A bill to be entitled an act to repeal an act entitled an
, - amend the charter of the Macon and Western Rail
Road, assented to December 14th, 1863.
On motion, the House took up said substitute and con¬
curred in the same.
Mr. Gartrell, Chairman of the Committee on Enrollment,
reports as duly enrolled and ready for the signature of the
122
JOURNAL OF THE HOUSE,
Speaker of the House of Representatives and the President
of the Senate, the following acts, to-wit: .
An act to encourage the organization ol a Navy.
Also an act to allow persons to administer upon proper¬
ty in the county to which it has been moved for security
from the enemy.
The following message was received from the Senate by
Mr. Kenan their Secretary : *
Mr. Speaker.—The Senate have passed the following bill
of the House of Representatives, to-wit :
A bill to allow persons to administer upon property in
the county to which it has been moved for security from
the enemy.
Mr. Gartrell, Chairman of the Committee oil Enrollment,
reported as duly enrolled and taiady for the Signature of
the President of the Senate and Speaker cf the House of
Representatives, the following resolutions, to-wit:
Resolutions declaring the ground on which the Confede¬
rate States stand in this war, and the terms upon which
peace ought .to be offered to the enemy.
Also resolutions on the suspension of the Habeas Corpus.
Also a resolution, expressive of the confidence of this
General Assembly, in the integrity and patriotism of Presi¬
dent Davis.
Also resolutions requesting the Governor to employ
counsel, and pay them such fees as he may think proper, in
the proseciition of persons for unlawful distillation.
Also resolutions in reference to the re-enlistme»t of all
the Georgia Kegiments.
. The following message was received from the Senate, by
their Secretary, Mr. Kenan
Mr. Speaker.—The Senate have appointed Messrs. Ram¬
say, Whitaker and Barr, to act with a similar committee
on the part of the House of Representatives, to wait upon
His Excellency the Governor, and notify him that both
branches are ready to adjourn, and if he has any further
commtitiicaWft for the General Assembly.
The following message was received from the Senate, by
their Secretary, Mr. Kenan : '
Mr. Speaker:—The Senate have passed the following bills
of the House of Representatives, to-wit:
A bill to be entitled an act to exempt certain persons
from service in the militia of the State of Georgia.
Also a bill to be entitled #an act for the relief of the citi¬
zens of Habersham county, and for transporting supplies,
SATURDAY. MARCH 19TH, 18C4. 123
and foi other purposes, with amendment in the form of
a substitute.
The House concurred in said amendment.
^ so a bill to be entitled an act to exempt from taxation
co ton and other property owned by the Confederate States
Government in this State.
Mt. Gartrell, Chairman of the Enrolling Committee, re-
poits as duly enrolled and ready for the signature of the
Speaker of the House of Representatives, and President of
the Senate, the following act, to-wit:
An act to repeal an act entitled an act to amend the
charter of the Macon and Western Rail Road Company,
assented to December 14th, 1SG3.
The following message was received from the Senate, by
Mr. Styles, their Secretary, pro tem :
Mr. SjtcaJccr.—The Senate has passed the bill of the
House to be entitled an act to legalize the funding of the
present issue of Confederate Treasury notes, by Executors,
Administrators, Guardians and Trustees, and for other
purposes.
The following message was received from the Senate, by
their Secretaiy, Mr. Kenan.
Mr. Speaker.—The Senate has agreed to the following
resolution in which they ask the concurrence of the House
of Representatives, to-wit:
A resolution that the General Assembly continue in ses¬
sion until -1-2 past eleven o'clock, and that the resolution
to adjourn at eleven o'clock be rescinded.
The House took up the Senate resolution extending the
session.
Mr. Trammell, moved to amend by striking out 11 1-2
and inserting 12, which was Agreed to and the lesolution
adopted.
The following message was received from the Senate, by
their Secretary, Mr. Kenan.
Mr. Speaker.—The Senate have passed the following
bill of the House of Representatives, to-wit:
A bill to require Rail Road Companies of this State, as
s the Western and Atlantic Rail Road to keep water
and lights in the cars for passengers, on their respective
trains.
M • Gartrell, Chairman of the Enrolling Committee, re-
f m duly enrolled and ready for the signature of the
^°, ker of the House and President of the Senate, the fol-
foCg act8'
124
JOURNAL OF THE* HOUSE,
An act to exempt certain persons from service in the
militia of the State of Georgia.
Also an act to require Railroad companies of this State,
as well as the Western and Atlantic Rail Road, to keep
water and lights in the cars for passengers, iti their respec¬
tive trains.
Also an act for the relief of Habersham county, and all
other counties in tjiis State, alike destitute, aucji for other
purposes.
Also an act to exempt from taxation cotton and other
property owned by the Confederate States 'Government in
this State.
Also an act to legalize the funding of the present issue
of Confederate Treasury notes, by Administrators, Guar¬
dians, Executors and Trustees.
Mr. Gartrell, Chairman of Committee on Enrollment'
reported as duly enrolled and ready for the signature o
the Speaker of the House of Representatives, the following
acts, to-wit:
An act to exempt from taxation, cotton and other prop¬
erty owned by the Confederate States Government, in this
State. ,
Also an act to exempt certain persons from service in
Militia of the State of Georgia.
Also an act to legalize the funding the present issue
of Confederate Treasury notes by Administrators, Guar¬
dians, Executors and Trustees.
The following message was received from the Senate, by
their Secretary, Mr. Kenan.
Mr. Speaker.—The Senate having concluded the busi¬
ness now before it, is ready to adjourn sine die.
Mr. Gartrell of Cobb, offered the following Resolution,
which was taken tip, read and adopted, to-wit:
Resolved, That a committee . of three be appointed by
the House of Representatives to join such committee as
may be appointed by the Senate, to wait upon His Excel
lency the Governor, and notify him that both branches of
the General Assembly are now ready to adjourn, and to
ascertain if he has further communicatiofi to make to the
General Assembly.
The committee appointed under said resolution arc
Messrs. Gartrell, Jones of Newton, Gue of Chatham.
Mr. Gartrell, from the committee appointed t© wait upon
His Excellency the Governor, and inform him that both
branches of the General Assembly are ready to adjourn
sine die, and ascertain whether or not he has any further
communication to make to the General Assembly, reported
SATURDAY, MARCH 19th, 1S64.
125
that the committee had discharged the duty assigned them
and was directed by His Excellency to inform the House
that he no farther communication to make, and to return
his thanks for the uniform courtesy and kindness of each
member and their prompt discharge of their duties, &c.
On motion of Mr. Gartrell of Cobb, the Clerk was direct¬
ed to inform the Senate that the House having concluded
its labors, are ready to adjourn sine die.
On motion, the House adjourned sine die.
H. F. MERRILL,
Journalizing Clerk.
INDEX
A.
ABSENCE.
Leave granted to,
Mr. Cook of Irwin, 54
" Hall of Butts, 54
" Edwards of Paulding; - 59
" Ezzard of Fulton, 59
" Gilmore of Washington, 59#
" Hines of Bryan, 60
" Jones of Burke, 60
" Holt of Bibb, 71
" Oates of Murray, 71
" Player of Wilkinson, 71
" Dumas of Monroe, 76
" Dobbs of Fannin, 78
" Kim brough of Harris, 95
" Carter of Stewart, 96
" Hooper of Bartow, 102
<! Roberts of Calhoun, 102
• " Anderson of Houston, 106
" Rawis of Effingham, 109
" Wright, 109
" Kirby of Coweta, 109
adjournment.
52 55 59 66 70 76 78 84 S9 95 96
100 102 106 113 120
Resolution relative to, 60 76 77 111
Committee to inform Gov. the General Assem¬
bly is ready to adjourn sine die, 124
Adjourned sine die, 125
APPENDIX.
To Governor's Message, 46
128
INDEX.
APPROPRIATIONS.
For common school fund of Wilcox Co., 53 58 81 82
For support of Government, &c., 62 76 SG 102
To purchase cotton cards, S7
B. .
BLIND—GEORGIA ACADEMY FOR THE.
Petition asking an appropriation, 61
Report of Committee on said petition, ( S7
C.
CITIES AND TOWNS.
Incorporate Fort Gaines, . 57 66
CLERK OF HOUSE.
Res. to allow, two days to bring up unfinished
business, 121
COBB, MA J. GEN. HOWELL.
Invited to a seat on the floor, 54
Hall tendered to, 57*
CODE. ' j . •
Repeal "part of the 14th section relative to Bonds
* of Tax Receivers and Collectors, 52 54 56
Repeal sees. 181 and 183, • 54 58 73
Amend 1741st sec., 59 76 92 93
" 1670th " 77 95
" 1640th " 87
* »
COMMITTEE.
To wait on the Governor, 4 124
On Gov's message relating to slaves escaping
to the enemy, 53
On relief fund, 5S
To invite Maj. Gen. Howell Cobb to a seat on
the floor, 54
Select oil bill to provide for support of the citi- 1
zens of certain destitute counties, &c., 6S
On bill for relief of Habersham county, ' 82,
COTTON CARDS.
Res. rel.to the manufacture of, at Cartersville,' 6Q 77
Message of Gov. relative to importing, 71
Report of committee on recommendation of Gov. 87~
COUNTY OFFICERS.
Extend the time for filing their bonds and taking
out commissions, 61 7& 82 102
Authorize to fund public money, &c., 68 75 86 93 94
INDEX.
129
COTTON.
Exempt from taxation, owned by C. S. Govern¬
ment, 7- or.
COTTON PLANTING.
Restriction of, (Gov's message.) 7
Bill to define what is a violation of the Act of
11th Dec. ISGri, 01 7^ 90 qo
COPY DEEDS.
Admit in evidence when the original are in
tlie s- " 52, 57 04
COURTESIES OF HOUSE.
Tendered to—
Maj. Gen. Howell Cobb, ,54
Hon. L. Q. C. Lamar, 60
Hon. A. H. Stephens, Vice President, 08
COUNTY LINES.
To change between—
Butts and Monroe, » 59 76 82 96
COURTS.
Supreme—
Require Reporter to publish decisions in pamph¬
let form, * 61 76 83 102
Inferior—
Change the time of holding in Washington, 87 95 109
CURRENCY.
Gov's message on the, 9
Amend act of Dec. 12th, 1863, rel to issuing
State Treasury notes, 52 54 56 63
Gov's message rel. to the, referred to the com¬
mittee on Finance, ' 52
Indemnify Admr's, Exr's, &c., against loss
in the depreciation of, 53 57 96
Allow Admr's, Exr's, &c., to fund Confederate
Treasury notes without an order, 53 58 69 71 92 93
Report of committee on the portion of the
Gov's message relative to the, ' 55
D.
DESERTION , ,1L. .
• • Of our cause by removal within the enemy's
lines (Gov's, message,) ' 9
Bill to disfranchise and decitizenize, 63 75 92 93
DIRECT TRADE AND EXCHANGE CO. '
Bill to incorporate, 60 75
distillation, :
Illegal, (Gov's. Message,) 7
^jnend act of Dec. 3rd, 1863, ^ 95 102 109
Resolution rel. to parties arrested for a violation
of the acts suppressing unlawful, • 120
INDEX.
E.
EDUCATION.
Common School fund of Wilcox co., 53, 58 "81 82
Res. rel. to free Schools in this State, 59 77
ESTATES % / o .
Of orphans, (Gov's. Message,) " 12
Estate of Scott C. Gignilleat, 01 75 93
EVIDENCE.
Admit copy deeds in, when the originals are in
the U. S., , ,52 57 64
EXECUTORS, ADMINISTRATORS, &c. 1
Indemnify against loss in the depreciation'of the*-
currency, 'L 5$ 57 96
Allow, to tund Confederate Treasury notes with¬
out an order, 53 57 69 71 92 93
Authorize to invest in Confederate States bonds 53
]f 5S 6£ 96
Authorize Thos. S. Hopkins to administer on
-estate of S. C. Gignilleat, 1 6 L 75 93
Bill for the relief and protection of , 61 85
?■
FEES. _ »
Increase of certain judicial officers,^ 53 58 65 70
G.
GENERAL ASSEMBLY.
Furloughs refused, (Gov's. Message,) 13
GEORGIA ACADEMY FOR THE BLIND.
Petitipn from the trustees, 61
* Report of committee on said petition, S7
GOVERNOR.
proclamation of convening the General Assembly, 3
Committee to wait on, 4 124
Message of, 5
Message of relative to—
Importing Cotton Cards, n r -»i 71
Exemption of Ministers of the Methodist Epis^v/
copal Church from military duty, j j + t 103
Conscription of militia between 1? andi$Q Mid*. ■
the suspension of the Habeas Corpus, 109
II. • T '
HABEAS CORPUS. ♦ > ; .
Suspension of the, (Mov's. Message,). 1$ 109
English Habeas Corpus'Bill, k " ' 46
Res. on the suspension of the, 51 58' 76' 102
104 106 116
Gov's. Message rel. to, referred to the Judiciary
Committee, * » . •« 52
Res. approving the action of Congress in sus¬
pending, * • 62 77
INDEX.
131
Report of Judiciary Committee, 91
Protest against Mr. Stephens' resolutions. i ir
Hardeman, hon. thos.
Thanks to, 19n
HOUSE OF REPRESENTATIVES.
Hall tendered to Hon. H. Cobb, n7
" " A. H. Kenan, 00
" " " A. H. Stephens, 63
" " L. Q. C. Lamar, 69
I.
IMPRESSMENT.
Of provisions (Gov.'s message), S
Rei. authorizing Gov, to impress rolling stock
of Railroads in certain cases, 87 95 111
INCOME TAX. \
Repeal act to levy and collect, 59 76 82 94
INCORPORATIONS.
* Cities and Towns—
Town of Fort Gaines, 57 66
Railroads—
Ocmulgee River Railroad, 53 58 69
Augusta & Columbia Railroad, 54. §s 73
Miscellaneous Incorporations—
Direct Trade and Exchange Company of Geor¬
gia, 60 75
Merchants' Insurance Company of Columbus, 109
J. : ' ,
judiciary.
Increase fees of certain judicial officers, 53 68 65 70
K
kenan, hon. a. h. . ' ,
Hall tendered to, ,60
L. " "
LAMAR, HON. L. Q. C.
Inrited to a seat on the floor, ' ; J 60
Hall tendered to, , / 69
LIQUORS—SPIRITUOUS.
To tax the sale of, &c., 53 58 69 71
Amend act of Dec. 3d, 1S6J, « 95 102 109
M
MESSAGE. „ .
From Governor, see' Governoi. . ' -1'
From Senate, see i 'Senate." • ' '
MILITARY. ; '
New militia organization and conscription (Gov.'s
message), 13109
Gov.'s message rel. to the late conscription act
referred to the Military Committee, 52
Exempt certain persons from service in the mi¬
litia, 54 68 73
132 INDENT
MILITARY.—Continued.
Amend act to reorganize the militia, 60 75 82
Exempt County Treasurers from militia duty,
- 61' 76 92
• Res. requesting Gov. to transfer 01* disband the
two regiments of State treops, 4 62 72 S3 88 90
Communication from Gen.'Goode Bryan, » 74
Bill to disfranchise and decitizenize deserters,
&c., • 1- 63 75 92 93
Res. relative to enrolling officers,1 - • ' * , 76
Res! relative to the militia organization and con¬
scription, 1 ' S3 95
Res. relative to battle flags of the 10th and -50th J
Ga. Regiments, - 1 1 84 95
Res. relative to the enrollment .of Methodist-*
^preachers, J ' L r * • - 91
Bill to Encourage the organiza'tidii <5T k navy, '
♦j • ,1- 77 88 92
Gov.'s message rel. to exemption of- Mfethodist ' f
preacher^, ' - ■ - - i J 103
Resolutions complimentary to our gallant sol¬
diers who have re-enlisted, 113
Res. in relation to the recent militaryJ law of
'Congress, 1 - 113 114
N -
NAVY. . r
Bill io encourage the organization of, 77 88 92
O
OATH. , .
To prescribe ad«'iox tax-payers, -54 58 71 74
ORGANIZATION.1*1
Pyoolafliatioi* f>f $ov- convening the General
Assembly, t) f )t 3
Ne\y members," -3 4
Clerk directed to inform Senate of, 4
Committee to wait on Governor^ 4
P.
PRINTING.
Ordered. ■ t ,
Governor's message* i i .51
Mr. Stephens' resolutions relative tb th<4 term^'
?hi nojpda which peace pughfe to be ofifehsd to ^hti
< enemy,. i 52
Mr. Stephens' res. reL to the suspension of'the
'^Habeas Corpus, ,ry2
Habeas Corpus, Currency. Taxand Military bills, 55
PBOTEST. * , J
Against Mr.*Stephens'**resolutions on the sus¬
pension of the Habeas Corpus, 118
INDEX. 133
K.
KAIL-ROADS.
Incorporate Ocma]gee River K. K. >3 5S 69
Require R. R. Cors to keep water and lights •
in cars, for passeijgers, 53 5S 73 93
Incorporate Augusta & Columbia R. R., 54 5S 73
Repeal act to amend charter of Macon & Wes-
^ tern R. R., 61 76 S4 ss 12l
Ren. authorizing Gov. to impress rolling stock
« of, in certain cases, " 87 9-5 111
Res. explanatory of act to incorporate Ocmul-
gee River R. R. Co., 113
RELIEF.
... Certain Receivers and Collectors, 53
Daniel Mahony ot Clark coM 5 1 5S 73
For the relief of Trustees, 59 92 93
Citizens of Habershan], 59 76 82 86 122
Administrators,Executors, Guardians & Trustees, 61 76
RESOLUTIONS.
Inviting Edit ors and Reporters to seats on the
floor, ... 4-
Adopting Rules of last Session, , 4
To appoint a committee to wait on the Governor,' 4
Relative to the terms on which peace should %e
sought, (by Mr. Stephens) 51 5S 97
On the suspension of the habeas corpus-, 51 58 61 76
98 102 304 106 116
Rel. to a certain Mail line, 52 71 102
" to taxation, 52 58 74
In memory of Hon. Walton Camp, 52 54
Referring Gov's Message to appropriate coihmit-
tees, '.v ry)
To confine the legislative action of the Houseto
the business presented by the Governor, ' L -54
Ma-j. Gen'l Howell Cobb invited to a, seat oiithe
floor, 9 54
In memory of Sum'l L. Taylor, l' 55
To print, habeas corpus, Currency, Tax, and Mil¬
itary bills. . -55
Authorize the Gov. to purchase wagons and teams,
to transport corn for Soldiers families. 59 91 95
Rel. to free Schools in this'State, ui> 59
Requiring Tax-Payers to give in number of . pounds of
hogs slaughtered, &c., , ,• • 59 77
Tendering Ilall to Hon. A. 11. Kenan, ° -(N! 60
Inviting Hon. L. Q. C. Lamar to a seat on the floor, 60
Relative to adjournment, < 60 76
Authorizing the Gov. to put in operation,: machines
for the manufacture of Cottoa Cards, afc Car-
tersville, 60 ?7
1U
INDEX.
RESOLUTIONS.—Continued.
Of complaint against commissioners C. S. Government,
to set prices, f>l 77, 78 95
Relative to the recent acts of Congress, 61
Requesting Gov. to transfer, or disband, the twQ regi¬
ments of State Troops. t G2 72 S3 SS 90
Approving the action of Congress, in passing the ha¬
beas corpus, Currency, Tax, and Military bills, 62 77
Ret. to Tax fifa vs. H. P. Livingston, &c.>' 62 &1/
Inviting Hon. A. EL Stephens to a seat on the floor, 68"'
Authorising Clerk to appoint additional sub- -
clerks, -
Rel. to transmitting billy and resolutions to ' - ^
the Senate, 1 68
. Tendering use of Hall, to^HotwWff^&te^Jaiufey 68
" " " " " ■" Lamar, 69
Relativd to Enrolling officers) . t, - h 76
Requesting Governor to furnish} Me&tbers ofiilhe
Legislature with Acts and Joqr,nal8f ' > I 77
Relative to the issue of State ^jrea^iuy Notes,» 78
" " " introduction of new matter, . < 79
1' „ i{ Militia organization, and con¬
scription,, S3 95 •
u '• battle Hags of the 10th & 60tli Ga*
Iteg'ts, .84^95
" •' the enrollment in the Militi^, of
Methodist Preachers, . j91
" ta distribution df* telief funcf fo? Soldiers
families, , 4 95
" to the publication and distribution of acts
General Assembly, H j 95
" to issuing a commission to Wm. A. Walton, 103
To prolong the Sessfon, 111 123
Compliments to our gallant Soldiers, who have *
re-enlisted, 1J.3
Explanatory ofHn actio incorporate the Ocmul-'
gee River R. R., - 1JL3
In relation to reoent-MHitarv law of Congress, lt'3 114
Expressing confidence in President Davis, &c„ 4 120
Relative to parties arretted fair violation of a<it&r ' f
against,^stillfitjon, . ? ^ r r 1$0
Thanks to Hon. Thos. Harderiwii*, . 120 •
To allow Clerfc pf House two days to bring up ^ /
unJSqitsha4 business, t i 7 i A l&i
To appoint a committee to inform Gov. the 4
General Assembly is ready to adjourn tine ditf 'J124 S
REVENUE.
Amend act to raise for 1'864, 61 75
Bill Supplemental to act Dec'r 14th', 1S63, . 62 75 86
* ' 102
INDEX. 135
S.
SENATE.
Message from, ■ 4 57 GO 74 77 SI 83 85 89 94 90
100 10S 112 121 122 123 124
SLAVES.
Escaping to the^enemy, (Gov's Message) 8
" " " " (committee on) 53 G2
SMALL POX.
Provide for the payment of accounts, for treat¬
ing, &c., 6175 82 96
SOLDIERS FAMILIES.
Transportation of corn to indigent, (Gov's Mes¬
sage) 5
Relief fand for, (Gov's Message) 0
To provide more effectually for the support of,
in certain destitute counties, 53 57 62 66 78
Committee on Relief Fund, 53
Report of said committee, 65
Res. rel. to transporting corn to, 59 91 95
Bill to appoint county commissioners, in certain
cases, (>5 75 S6
Res. rel. to distribution of relief fund, 95
SPEAKER.
Res. of thanks to, 120
STATE TROOPS.
Res. requesting Gov. to transfer or disband, 62 72 83
88 90
STEPHENS, HON. A. H.
' Invited to a seat on the floor, , u 68'
Hall tendered to, • •» 68
T. 1
TAXES.
Res. rel. to taxation, '52 58 74
Amend the several Tax Laws of this State, ' 54 58 72
79 81 102
Repeal act to levy, on net incomes, <fcc., 59 76 82 94
Exempt from taxation cotton and other property
owned by C. S. Government, 61 75 84
Res. rel, to Tax fifa vs. H. P. Livingston, &c., 62 87
Bill to tax the sale of liquors, } v-l 58 69- 71
TAX PAYERS.
To prescribe an oath for, 54 58 71 74
" give in the number of hogs slaughtered, ttc., 59 77
TAX RECEIVERS & COLLECTORS.
To reduce the Bonds of, 58 54 56
For the relief of certain, 53" 58 73
Enter on Digestnumber of pounds of hogs slaugh¬
tered, &c., 59 7T
136
INDEX.
TREASURY NOTES.
Amend act of Dec. 1.2, 150.3, relative to issue of
State* ■ 52 -H fit ti»
Report «.»] t oiuumted iel. Co^derate; ofi
Res. prescribmar tlic fori jf "
THE A SURERS—C ()UNT Y
. ,/1'rtiit^toueofStaJe, 78
lies, presenting '"y 0 '
■jSE&gfggf ,* 01 i* 02
^>J>3 7G £2 93
121
and who respon-
Exempt from Milkhj duty,
TRUSTEES/
Bill for the relief of,
&
UNFINISHED
Clerk'allowed two davs to briftg un.'
f ' w...
WAR.
. Causes of the, Iiow conducied.
sible, (Gw's Mi"-o.me) \
How. p^ace should be sought. (Gov's MeaSnge)
TheJterms en which peree ought to be oHem 1
Jo the enemy, &c.t (Mr. Stephen.'-' Resolu¬
tions)
WATEJl 'COURSES. t t
-Bill to prevent the obstruction of. 01 ?(f S%
\s *r.
'
YEAS .V NAYS. ( | Wjk
On.bill to amend a-et:a:jsonted to Dec. l'X 03,
thnri&ing Gov. to issue Treasury ^otes.Vm', S^'6^*
\\ Bill t(>jjjcreasf^li,e fees otWerfuin Judicial :
' .
" Bill to provide1 for the suppor. of citizens of
oertaifl de^tliuttrcounties, V-v 07
" Bill to incorpoiate i he Ocmuteee River >'N
R. Co., I «»• •
•' Bill to amend the several lax laws oi th >
State; t. TO
" Res. to trattfrler or disband two r^ln-< ntf.-oj
State Troops, • <SS
On motion to reco^iftei db much of the joovn. J
as relates to-the loss ol said rcso'lu: >4? 90
•' Resolutions -m the snsp< ivion of the wri# of'sHIS
l< rescinding joint «> oliiftoH ,t.J$u thing ,
tho General Asseru\^y'- ' ^ 111 |
'• Res. in relationlfrr. recent Military law
Conin'ess, <r-
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K'
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