JOURNAL
OP
THE SENATE
OP THE
STATE OF GEORGIA,
AT THE ANNUAL SESSION
OF THE
GENERAL ASSEMBLY,
ML
BEGUN AND HELD IN MILLEDGEVILLE, THE.SJEAT OP GOVERN¬
MENT, IN
X86X.
BOUGHTON, NISBET & BARNES, State Printer*.
MILLEDGEVILLE, GA.
1861.
JOURNAL
OP THE
SENATE
OF THE
STATE OF GEORGIA.
WEDNESDAY, NOVEMBER 6, 1861.
At a session of the General Assembly of Georgia, begun
and holden at the State House, in the City of Milledgeyille,
in the County of Baldwin, on the skth day of November,
in the year of our Lord eighteen hundred and sixty-one, on
motion of Mr, Furlow, from the thirteenth Senatorial Dis¬
trict, Mr. Moseley, from the twenty-sixth Senatorial Dis¬
trict, was called to the Chair, for the purpose of organiza¬
tion. The Secretary proceeded to call the roll, and the
following Senators elect, from the several Districts here¬
after mentioned, produced their credentials, and having
taken the oath prescribed by the Constitution of this State,
and to support the Constitution of the Confederate States
of America, before the Hon. Edmund H. Worrill, one of the
Judges of the Superior Courts of this State, took their
seats, to-wit:
From the first Senatorial District, the Hon. George A.
Gordon.
From the second Senatorial District, the Hon. C. F.
Fletcher.
From the third Senatorial District, the Hon. H. R«.
Fort.
From the fourth Senatorial District, the Hon. John M.
Ki.Bg.
From the fifth Senatorial District, the Hon. Thomas Hil-
liard.
4 journal of the senate,
From the sixth Senatorial District, the Hon. T. B. Grif¬
fin.
Fronl the seventh Senatorial District, the Hon. J. L. Se¬
ward.
From the eighth Senatorial District, the Hon. T. A.
Swearengen.
From the ninth Senatorial District, the Hon. S. S. Staf¬
ford.
From the tenth Senatorial District, the Hon. D. A. Va-
son.
From the eleventh Senatorial District, the Hon. O. P.
Anthony.
From the twelfth Senatorial District, the Hon. James
Hilliard.
From the thirteenth Senatorial District, the Hon. T. M.
Furlow.
From the fourteenth Senatorial District, the Hon. D. J.
Bothwell.
From the fifteenth Senatorial District, the Hon. John
McRae..
From the sixteenth Senatorial District, the Hon. John B.
Wright.
From the seventeenth Senatorial District, the Hon. J. T*
Shewmake.
From the eighteenth Senatorial District, the Hon. Wil¬
liam Gibson.
From the nineteenth Senatorial District, the Hon. Miles
W. Lewis.
From the twentieth Senatorial District, the Hon. B- T.
Harris.
From the twenty-first Senatorial District, the Hon. D. N-
Smith.
From the twenty-second Senatorial District, the Hon. GL
A. Winn.
From the twenty-third Senatorial District, the Hon. S-
D. Killen.
From the twenty-fourth Senatorial District, the Hon*
W. M. Brown.
From the twenty-fifth Senatorial District, the Hon. J. B.
Kendall.
From the twenty-sixth Senatorial District, the Hon. Wil¬
liam Moseley.
From the twenty-seventh Senatorial District, the Hon.
John Billups.
From the twenty-eighth Senatorial District, the Hon. G.
R. Dyer.
From the twenty-ninth Senatorial District, the Hon. L.
M. Hill. ,
From the thirtieth Senatorial District, the Hon. J. H.
Echols.
NOVEMBER 6TH, 1861. 5
From the thirty-second Senatorial District, the Efoff.
Wier Boyd.
From the thirty-third Senatorial District, the Hon. Sam¬
uel Stephens.
From the thirty-fourth Senatorial District, the Hon. S.
F. Alexander.
From the thirty-fifth Senatorial District, the Hon. A. J.
Hansell.
From the thirty-sixth Senatorial District, the Hon. J. H.
Gaston.
From the thirty-seventh Senatorial District, the lion. W.
P. Beasley.
From the thirty-eighth Senatorial District, the Hon. J.
jM- Ware. t
From thirty-ninth Senatorial District, the lion. H. P.
Bell.
From the fortieth Senatorial District, the Hon. S. Y.
Jamison.
From the forty-first Senatorial District, the Hon. James
Simmons.
From the forty-second Senatorial District, the Hon. D.
R.'Mitchell.
From the forty third Senatorial District, the Hon. J. M.
Jackson.
From the forty-fourth Senatorial District^ the Hon. R. A-
Lane.
On motion the Senate proceeded, to the election (if a Pres¬
ident, and on taking the vote viva xoce% it appeared that the
Hon. John Billups, of the twenty-seventh Senatorial Dis¬
trict, was duly elected.
On motion of Mr. Seward, a committee, existing of
Messrs. Seward, Vason, and Brown, was< appointed to noti¬
fy him of his election, and conduct him to the Chair.
The President elect on taking, the Chair, addressed the
Senate, and returned his acknowledgements for the honor
conferred upon him. 1
On motion the Senate proceeded to the election of a
•Secretary, wh^n, on receiving and counting out the ballots, it
appeared that James M. Mobley, Esq., of the County of
Harris, was duly elected, appeared,"was sworn, and took
his seat.
%
The Assistant Secretary, H. M. Moore, was sworn by
the President of the Senate.
On motion the Senate then proceeded to the election of
a Messenger, when, on receiving and counting out the
ballots, it appeared that L. S. Stewart, of the County of
Bancodfc, was duly elected.
6 JOURNAL OF THE SENATE,
of
On motion the Senate then proceeded to the the
a Door Keeper, when, on receiving and coi.nt.ng <>" f
ballots, it appeared that T. K. Christon, of the Coanty
Whitfield, was duly elected.
r\ n mips of the last fcenate-
On motion of Mr. Hansel, ' nt of the present
were adopted for the temporary inPted for
Senate and one hundred copies ordere r
the use of the Senate.
Mr. Smith offered the following resolution:
Whereas bythe revised Constitution of this State there
has been a great reduction in the number of members of the
Senate^, and by other provisions of said constitution, the la¬
bor of the Clerks of this body will be greatly diminished,
Be it therefore resolved, As the sense of the Senate that
no more or other clerkships shall be recognized or paid than
the following: A Secretary, a Reading Clerk, a Journal¬
izing Clerk, an Engrossing and an Enroling Clerk.
On motion the Secretary was directed fo inform the
House that th^ Senate was organized and ready to proceed
to business.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have organized by
electing the Hon. Warden Akin, of the county of Cass, as
their Speaker and L. Carrington, of the county of Baldwin,
as their Clerk, Jesse Oslin, of the county of Cobb, as their
Messenger, and B. H. Mitchell, of the county Of Coweta, as
their Door-Keeper, and that they are now ready to proceed
to business.
On motion of Mr. Hansell a committee of three consist¬
ing ofMessrs. Hansell, Moseley and Boyd was appointed to
request the ministers of the Gospel of the city of Milledge-
ville to officiate as Chaplains of the Sehate during the pres¬
ent session.
*
On motion of Mr. Brown, a committee of three consisting
ofMessrs. Brown, Furlow and Lewis was appointed to join
a similar committee of the House and inform His Excellen¬
cy, the Governor, that both branches of the General Assem¬
bly^ are now organized find ready to receive any communi¬
cation he may have to make.
Mr. J3rown, chairman of the committee appointed to wait
upon His Excellency, the Governor, reported that they had
discharged the duty assigned them, and that His Excellen-
wii.mnii.ouai, NOVEMBER 6th, 1861. 7
*
cy, the Governor, would communicate a message to bofe
branches of the (general Assembly this, day at 3 o'clock."
On motion the Senate then adjourned until' 3 o'clock,
P.M.
Three 0'Clock, E. M-
Senate met according to adjournment.
The following message'was received iron! His Excellen¬
cy, the Governor, by Mr. Waters, his Secretary, to-wit:
Mi\ President: I am directed by His Excellency, the Gov¬
ernor, to delivertothe Senate his Annual Message and ac¬
companying documents.
On motion the Annual Message of His Excellency* the
Governor, was taken up and read, as, follows:
GOVERNOR'S MESSAGE.
EXECUTIVE DEPARTMENT, >
MilledgeVille, Ga., Nov. 6, 1861. )
Fellow-Citizens of the Senate
aid House of Jle^i esentatives :
Prior to the Revolution of 1776, our State and the other
Atlantic States of this Continent, were Colonies of the Brit¬
ish Government, created by it and subject to its control.—*-
The^people then had only such -civil rights as were recog¬
nized by the Parliament of Great Britain, while the Colo¬
nics neither possessed nor cjaimed inherent sovereignty.
The inhabitants,. mostly of British origin, were attached
to the Crown, and were in the enjoyment of prosperity and
happiness, till the government conteeived the plan of en¬
riching and aggrandizing itself by imposing onerous and
oppressive burdens upon the Colonies. The people remon¬
strated against these aggressions in the most respectful
manner, giving assurances of their loyalty and petitioning
for a redress of grievances. Their petitions were disre¬
garded and their natural rights trampled upon by an unwise
and ambitious ministry.
Finally, when it was ascertained that their own govern¬
ment had ceased to be their protector and had become their
oppressor, ancl that the only alternative left was submis¬
sion or resistance to tyranny, they threw off the yoke and
boldly defied the power of the British Crown. The Repre¬
sentatives of the people met in Convention, and appealing
to the God of the universe for the rectitude of their inten¬
tions and humbly and fervently invoking His assistance in
the mighty conflict in which they were about to engage,
declared that the Colonies were, and of right ought to be
free, Sovereign and Independent States. An attempt was
then made by force of arms to coerce the Colonies back
into a union with the British Government. In this conflict
the disparity of physical strength was fearful. The Gov¬
ernment of Great Britain, was a power of the first magni¬
tude, possessing large fleets and armies, thoroughly equip¬
ped and armed with the best military weapons of the age.
The Colonies were without fleets or armies, numbering but
three millions of people, badly trained, almost destitute of
wermtenrrr fovembek 6th, is6i. 9
arms or military equipments, relying alone, utider the bles¬
sing of Heaven, upon their stout hearts and strong afms
and the inherent justice of their cau'se. " The war was long
and bloody. The world knoWs the result.
STATE RIGHTS.
Soon after the achievement of our independence,' the
g^eat and good men who conducted the rev'olutipn, met in
Convention and entered upon the work of forcing a Consti¬
tution, and establishing the government upoq a permanepl
basis. In that convention it was discovered that great di¬
versity pf opinion existed, as to ;the proper form of the per¬
manent government. Some very able and influential per¬
sons favored the plan of a limited monarclhy, similar to that
of Great Britain, or solne other strong government which
would consolidate the sovereignty of the States in the em¬
pire, aijd plate the supreme power In the hands of the few.
Many, who did not aspire to the throne in case' of the es7
tablishment of monarchy, no doubfy looked for positions as
ministers at court, or for dukedoms and other grades of
noble hereditary distinction tbafc v^ould elevate them Jmd
their posterity to permanent ruling positions above the
great mass of their fellow-citizehs.' This class of persons
opposed the great doctrine of State Rights and sought to
divest the States of their sovereignty, and virtually to con¬
vert them into mere provinces pf a consolidated central power.
The doctrines of .this clas§ of statesmen were, however, suc¬
cessfully combated in the convention by the great) cham¬
pions of the doctrine of State Sovereignty, who succeeded in
procuring' the sanction of the convention to a constitution,
yhich, while it delegated to the general govermjient such
attributes of sovereignty as were necessary "to conduct the
foreign affairs of a confederation of States, arid to regulate
such internal affairs between the Spates necessary to the
good of the whole as were beyond the control of a single
State Confederated with sister States, reserved to each State
its inherent sovereignty, with power to exercise all its at¬
tributes except such •as were expressly granted to the gen¬
eral Government, or such as were necessary to carry into
effect the delegated powers.
After the adoption of the Constitution, a conflict again
arose between the two classes of statesmen above men-
tipned. The one class, headed by the great statesmen of
Virginia, contended that the federal government should* in
practice, be confined to the exercise of the powers delega-
ted to it by the Constitution, leaving to the States the exer¬
cise of all their reserved powers. The ot,her class, headed
chiefly by Northern statesmen, attempted, by a latitudina-
rian construction of the Constitution, to accomplish indi¬
rectly what they had failed to secure directly, and to
consolidate the government by the assumption, in prac-
10
JOURNAL OF THE SENATE,
tfoe, of powers not Relegated by the States. The conflict
has lasted thrbilgh a long series of years, and the fortunes
of .the two classes of statesmen at different times and tinker
different, names, have been as'Various as the ebbs and floods
-of-popular sentiment under different influences and con¬
trolled by different interests, havek been unstable. The
statesmen of the original federal school, have, however,
"vyith the assistance of the tariff laws, navigation acts, fish¬
ery laws^ and other; legislation intended to build up and
fpster Northern invests at the expense of Southern indus¬
try, succeeded in directing the Northern mind into the con¬
solidation fchannel. By the instrumentality of thpse laws,
the government of the United States lias poured the wealth
of the productive South into the lap of the bleak and sterile
North, apd the people of the. j,ce-placl hills of New England
have grown rich and haughty upon the tribute which they
bavP levied on the production's of the sunny South. The
result has very naturally been, that they have learned to
look up to the government which taxed our industry for
their advantage and enriched them at our expense, as the
great dispenser pf alt .benefits j and they have sought to
strengthen its hands and enlarge its powers, by weakening
the bands and diminishing the powers of the Stages. They
were willing to consolidate the government, if the govern¬
ment would, in turn, enrich, them. They have used the
(slavery question to excite the masses and to place in power
such men as would administer the government for their
benefit.
The people of the Southern States, wTho have been the
sufferers under the operation of the federal government,
which has dra\vn fh>r$ them the incomes of their labor to
enrich their Northern neighbors, have very naturally op¬
posed the consolidation, of all power at VVashington and
have maintained the doptrine of State, Rights as their only
security against the encroachments of haughty and unre¬
strained imperial power. They endured wrongs and sub¬
mitted to injustice till their wrongs w£reno longer suffera-
ble. They again and again warned the people of thp Nor¬
thern States of the -consequences of further aggression.—
Their warnings were unheeded and their remonstrances
were met with renewed acts of injustice. Seeing that there
was no further safety for them in the Confederacy, each one
of eleven States in its separate capacity as an independent
sovereign power, asserted its original rights by resuming
all the attributes of its original sovereignty. The govern¬
ment of the^ United States, is now in fact a consolidated mili¬
tary despotism, and its Executive who claims and exercises the
right to suspend the writ of Habeas Corpus and to impris¬
on in chains or take the liyes of the citizens of the States of
that government at his pleasure, denies the sovereignty of
WEDNESDAY, NOVEMBER 6TH, 1861. 11
the State?, contemns the doctrine of State Rights, claims
that the imitates are as subject tcr the eontrol of the federal
government, (which is in tact their mere agent) as w&rb the
Colonies to the British' Crown ; and imitating the unVrise
and unjust policy of the British government in 1776, now
attempts to coerce the eleven, seceded States back into the
Union, stnd by force of firms to subject them to the govern¬
ment a^id contrdl of that 8espotism. To accomplish this
wickedjmrpose and to secure our subjugation arid degrada¬
tion, he^ha^ made war upon us, blockaded our ports, and
invaded 'our territory with large armies. In .violation qf ev¬
ery rule of modern warfare, he has permitted bis soldiers to
disregard the rights of private property and to inflict the
most grievous wrongs upon unoffending women and chil¬
dren. By the assistance of ftye God of battles, we have met
his hosts in the field, and against* Vast superiority of num¬
bers and of preparation, we have repeatedly dispersed 'and
driven them back with, wild consternation ar.d great slaugh¬
ter. Still he persists in his wicked purpose of forcing upon
us the choice between submission tio tyranny and the vig¬
orous prosecution of a protracted w&r, Our lives, our lib¬
erties, our-wived, our children, our property, oilr all, are at
stake in this contest. A gracious Providence has given us
the resources in men^ money and means, to live within our¬
selves and to maintain the war against the invader for a
whole generation. But one alternative is left us and but
one response can be given to the inquiry &s to our future
policy. Th&t response is on the* tongue of every freeman,
it is felt from breast to breast, and heard from lip to lip, re¬
verberating from the hill tops to the mountains and from
the mountain^ to th6 vallies, Victory over the invaderj or death
to the last man sooner than acknowledge that wo are vanquished.—
The hearts of the whole people of the seceded States, are
as the heart of one man, and that great heart beats respon¬
sive to the patriotic sentiment, that the enemy may exter¬
minate us if he has the power, but conquer us, he never
shall.
UNCONSTITUTIONAL LEGISLATION DANGEROUS TO STATE
RIGHTS.
The Constitution formed by the Convention and since
adopted by each of the ^leven Confederate States, is the old
Constitution of the United States, amended and improved
in such particulars as the experience of th^ee quarters of a
century had shown to be necessary. Under this Constitu¬
tion, the new government of the Confederate States is now
in successful operation and is maintaining itself with great
ability both in the Cabinet and in the field. The actiorl of
our Congress has been generally characterized by pru¬
dence, wisdom and forethought. While I take much
12
JOURNAL OF THE SENATE,
» '
pleasure in making this statement and in yielding to the
new government my1 hearty and cordial support, the can¬
dor, Which I wotild exercise towards a friend, compels mp
to say, that in toy judgment, two important acts passed by
our Congress, are hard to reconcile with the plain letter
and, spirit of th£ Constitution.
The 16th item of the 8th section of the 1st article ot the
.Constitution 6f the Confederate States, is in these Words :
"Congress* shall have poWeiJ" u To provide for organizing,
arming and disciplining the militia, and ffir ^oVelrnirag Such
part} of them a£ may be employed in the service of the Con¬
federate Stales, reserving to the States respectively the appoint-1
ment of the officers and th6 authority of training the militia
according to the discipline prescribed by Congress." The
first section of the act of the # Congress or the Confederate
States approved Sth May 1861, authorizes the president to
accept the services of volunteers who may offer theit ser¬
vices without regard to the place of enlistment. The sec¬
ond section of the act is in these words :
"That the volunteers so offerin^their services, may be ac¬
cepted by t,he president, in companies to be organized by
him into Squadrons, battalions, or regiments. .The Presi¬
dent shall appoint utl field and stuff officer^ but the Company
officers shall be elected by the men composing the Compa¬
ny ; and if accepted, the officers so Elected shall be commis¬
sioned by the President
The first section of the act approved 11th May 1S61, is
in these words :
"That the President be authorised to receive into service
such companies, battalions or regiments, either mounted
or on foot, as may tender themselves and he may require,
Without the delay of a formal call upon the respective States, to
eetve for such term as he may prescribe."
Ancl ]3art of the third section bl" said act is in these words:
"The President shall be authorized to commission all officers
entitled to commission4 of such volunteer forces as may lqe. re¬
ceived under the provisions of this act."
The language of our Constitution is the same that is
used in the Constitution of the United States and it is be¬
lieved that the term Militia, as there used when applied to
troops, was always understobdto be in contradistinction to
the tertn regular. The Constitution gives to Cbngress the
power to "raise and support armies." tinder this authori¬
ty our regular army is enlisted a,nd its officers are appointed
by the government under whose authority it islraised. In
this case there is no restraint upon the powef of Congress,
&nd it may therefore confer upon the President the power
to appoint all the oncers. In the case of the Militia, which
term includes Volunteers and other Military forces not em¬
braced in the regklar army, the same unrestrained power is
WEDNESDAY, NOVEMBER 6th* 1861. 13
»
not granted, While the States have delegated to Congress
tyip power of organizing, arming and disciplining the Mili¬
tia, and of governing such part of thefn as may be employ-*
ed in the service of the Confederacy, they have expressly re-
seroed to themselves the appointment of the officers, and have
therefore expressly denied to Congress the right to confer
that power on the President or any Other person* Not¬
withstanding the express teservation by jthe fcSt^t^s of this
power, the acts above referred to, authorize the President
to accept the Volunteer'Militia of the States independent¬
ly of State authority and. to commission every placer of a
Regimen^ from a third Lieutenant to a Colonel. This act,
by vesting ill the Presideht the power of appointing the offi¬
cers of the Militia, which- power the States have carefully
and expressly reserved to themselves, enables him to con¬
trol, independent of State authority the whole consolidated
Military force of the Confederacy, including the Militia as
well as the regularSi If this practice is acquiesced in, the
Confederate government, which has the control of the
purse, with the power to tax the people of the States to
any extent at its pleasure, also acquires the supreme control
of the Military force of the States, and with both the
sword and the pur&e in its own hands may become the un¬
controllable master instead of the useful servant of the
States.
I am not aware of any case in which the Government of
the United States prior to its disruption, ever claimed or
exercised the power to accept volunteer troops, commission
their officers and order them injto service, without consult¬
ing the Executive authority of the State from which they
were received. The idea does not seern ever to have oc¬
curred to President Lincolnr so long as lie held himself
bound by any constitutional restraints, that he had ,an^
power to accept troops from the border States to assist in
coercing u£ into obedience, without the prior consent of
the Executives of those States. Hence he made his call up¬
on them for troops and met a repulse that turned the tide
of popular sentiment in our favor in most of those -States
and redounded greatly to the salvation of the South. Du¬
ring the war of 18^2, when Massachusetts refused to send
her troops out of the State, the plea of necessity might have
been set up by Mr. Madison, as a justification to some ex¬
tent, for such an encroachment, but neither he, who had
participated so largely in the formation of the Constitution,
nor the Congress in that day seemed to h^ve felt justified even
by necessity in adopting any such measure. In the present
instance, the plea of necessity Could not be set up, as it
will not be pretended that the Executive -of any State in
the Confederacy, had refused to respond promptly to
each and every call made upon him for troops. Even
14 JOURNAL OF THE SENATE,
»
now, I believe it may be truly said, that the number requir¬
ed in each and every case of each, and evfery Executive, has
been promptly furnished,
Thes^ acts haye also been very inconvenient in practice*
The Secretary of War has frequently made requisition up¬
on. me as the Governor of this State for troops; these I
have promptly furnished. Thirty* Regiments and three
Battalions of State troops have gone into the service of
the Confederacy. Of this number1 twenty-one Regiments
and three Battalions have been a,rmed, acpoutred apd
equipped by the State. We pow have accepted! and, nearly
all in the field bf State troops, not in Confederate service,
Seven Regiments and three Battalions, "which with the
help of the country arms in use, are being fully armed,
equipped and accoutred by the State. We also have in
service from Georgia ten Regiments, which have been ac¬
cepted by the President independent of State authority,
making thirty-seven Regiments and six Battalions of State
troops, an4 ten Regiments of independent or Confederate
troops. Counting two Battalions as a Regiment, Georgia
has therefore in service fifty Regiments, forty of State
troops and ten independent. Including a few country arms
she has armed, accoutred and equipped thirty of these Regi¬
ments. On several occasions, after I have put companies under
orders for the purpose of filling requisitions made upon me,
I have learned that these companies had previously left the
State without my knowledge, which caused delay growihg
out of the necessity of ordering in other companies to fill
their places. So long as there are two recognized milita¬
ry heads in the State, each having the power to order out
the Militia without informing the other of the companies
ordered by him, conflict and confusion must be the inevita¬
ble result. Again, as these independent Regiments receive
their commissions from the President, and leave the State
without official notice to the Executive, there is no record
in Georgia which gives the names of the officers or privates
or shows that they are in service frOm the State* The on¬
ly knowledge which the Executive has of their being in
service, is such as he derives from the newspapers or other
channels of information common to any private citizen of
the State.
But I fear that these acts may, in the end, entail upon us
or our posterity a greater misfortune than the mere prac¬
tical confusion and inconvenience growing out of them. As I
have before remarked, they give to t}ie President the control
of the Militia of the States and the appointment of the of¬
ficers to comtaand them, without the consent of the States.
This is an imperial power, which in the hands of an able3
fearless popular leader, if bapked by a subservient Congress
ill the exercise of its taxing power, wrould enable him to
WEDNESDAY, NOVIJMBER 6TH, 1861. 15
trample wilder foot all restraints and make his will the su¬
preme law of the land. It may be said in reply to this,
that the- acts only give the President the power to accept
the services of such of the Militia of the States as volunteer
tp serve him. This is true. But we cannot shut oiir eyes
to the fact, that in times of high political excitement, when
the people are divided into parties, a fearless favorite lead¬
er having this power, and jn possession of all the? public
arms, munitions of war, forts, arsenals, .dockyards, &c., be¬
longing to the, government, might be able to rally around
him such force as would give him a fearful advantage over
those who might attempt to prevent the accomplishment
of his designs. Such is my confidence in the present able-
Executive of the Confederate'States, arid so thoroughly am
I convinced of his lofty patriotism and his purity of pur¬
pose, that I entertain but little fear that he would abuse
even absolute power oi; subvert the liberties of his country
for his own personal aggrandizement. This is no reason
however, why I should consent to see absolute power
placed in his hands. While I might not fear him as" a
dictator, I would never consent that he be made dictator.
His term of office is limited by the Constitution and must
expire with his new term at the end of six years. His im¬
mediate successor,, or some future Napoleon, occupying the
same position, may be less plir© and patriotic, and with the
precedent established and approved by the people, placing
this vast Military power in his hands, he may make the
Presidency a stepping stone for the gratification of his un¬
holy ambition, and by the use of the Military at his com¬
mand, may assume the imperial robes and seat himself upon
a throne.
To guard effectually against usurpation, sustain republic
can liberty and prevent the consolidation of the power and
sovereignty of the States in the hands of the few, our peo¬
ple should watch, with a jealous eye, every act of their re¬
presentatives tending to such a result, and condemn in the
most unqualified manner every encroachment made by the
general government upon either the rights or the sovereign¬
ty of the States.
DEFENCE OF THE STATE,
The act of the last Legislature authorized, the Governor
to call out ten thousand Volunteers, if necessary, for the de¬
fence of the State.
Early in the Spring, I divided the State into four sections
or Brigades, intending, if necessary, to raise, one Brigade of
Volunteers in each section, and appointed one Major Gen-*
eral and two Brigadier Generals, with a view to the prompt
organization of one division in CdSe of emergency. The po¬
sition of Major General wa& tendered to Gen. Henry R.
16 JOURNAL 0# THE SENATE,
Jackson, who Jias lately gained a very important victor/
over a greatly superior forc?e of the enemy in North West¬
ern Virginia, who declined it in favor of Colonel Wm. H. T.
Walker, late of the United States Army, and a most gallani
son of Georgia. I then,' in accordance with the recommen¬
dation of Gen, Jackson, and the dictates of my own judg¬
ment, tendered the appointment to Col. Walker, by whom
it was accepted. The office of Brigadier General was ten¬
dered to and accepted by Col. Paul J. Semmes, for* the sec¬
ond Brigade, and to Col. William Phillips' for the fourth
Brigade. W|th a view to more speedy and active service
under the Confederate Government, General Walker and
General Semmes resigned before they had organized their
respective commands. , About this time, our relations with
the Government of the United States assumed so threaten¬
ing an aspect that I ordered General Phillips to organize
his Brigade as rapidly as possible, and to throw the officers
into a camp of instruction, for training, th^t they might be
the better prepared to render efFctive those under their com¬
mand. Tliife camp of instruction was continued for about
, two weeks, and the officers sent home to hold their respec¬
tive commands in readiness. I'his was the condition of our
volunteer organization early in June when the United
States troops crossed the Potomac, and invaded the soil of
Virginia. Not knowing how soon a similar invasion of our
own soil might be made, by a landing of troops upon our
coast, I ordered General Phillips to call his whole Brigade
into camp of instruction, and hold them in readiness for im¬
mediate action, should emergencies require it. This order
was promptly obeyed by the energetic and efficient officer
to whom it was given. General Phillips, assisted by Adju¬
tant General Wayne, and Major Capers, the Superinten-
dant of the Georgia Military Institute, pressed forward the
instruction and preparation of the troops with great activity
and energy. The troops remained in camp from the 11th
of June till the 2d of August. They were a noble, patri¬
otic, chivalrous band Of Georgians, and I hazard nothing in
saying, military men being the judges, that hq Brigade in
the Confederate service was composed of better material,
or was better trained at that time for active service in the
field. The season having so far advanced that it was not
probable that our coast would be invaded before cold
weather, I tendered the Brigade to President Davis-for
Confederate service in Virginia. The President refused to
accept the tender of the Brigade, but asked for the troops
by regiments. Believing that a due respect for the rights?
of the State should have prompted the President to accept
those troops under their State organization ; and if any
legal obstacle, in the way of accepting a Brigade existed,
that it should have been removed, by the appointment of
\VEDKESDXY, NOVEMBER 6ik, 1861. 17
the General who had trained the men, and who \^as their
unanimous choice, to continue lo commatad them in active?
service; I, at first, ^fused to disband a State organization,
made in conformity to the statiite, and, tender the troOpsr
by regiments; mor$ especially as the President only de-
njanded the tw;6-regiments which woufd have left the three
Battalions lie disbatided or maintained* a^- Battalions*
through the billancfe of the season * by the State. Finally, ,
the1 President agreed to accent the Battalions and Regi¬
ments, and in view of the pressing*1 necessity for troops Irs
Vifgi^ia,, I yielded the point, accepted General Phillipfe**
resignation, and permitted the trPpps to bet mustered into*
thl$ Confederate fcej'tioe by Regiments and battalions.
About the time these, tropps lfeft, the $e6retarv of T^ar
also ordered out of the State, the .Regiment of IligulHT.c
under Col. WiUhwns,. and the 2d Regiment of- vplunt^ersi
commanded by Cpl. Semmes, both excellent Regiments*
wqII drilled and 'armed. This left th§ -qoast almost entirely
defenceless. By that time I hae^ permitted Upavly all the'
artas of the State* to g& into the Confederate sefvice, «lnc$
it has been a very difficult matter to *get armjs elioUgh to
supply the troops since ordered to tWi coast.
At the tifhie Fqrt Pulaski was, by an; Drdhlaftce Of our
State Convention tupped over to thq Confederate ^Gfovern-
ment, tho number aiad size of the gups io the Fort were
very inadequate to 'its successful* "defence against a fleet
with heavy guns1-, and as the Secretary of War made nt> pra
vision for th& proper supply of guns or ■ammunition, X
deemed! it my duty to purchase with ijunds 1pm the gtate
Treasury the nepe^ss^ry^ supply', which Was done at & eos^
of $101,521,43. In this estimate is included the freights
paid on the supply, and a number of heavy gun^ sent to
other parts of the coast together with work clonal on gun
carriages, &c. During the monthfe pf August and Septem¬
ber, our climate was considered a sufficient protection of ~
out coast against invasion. But an attack Was reasonably
looked foT, so soon as the advanced stage of the season
would render the health of an army on the coast seciire.-r-^
I had petitioned the Secretary of War to send a larger force •
to our coast, prior to the order by which I called out Gen.,
Phillips' Brigade, and had offered to Supply,promptly, any
number of troops needed ifr obedience to a requisition from
the Wai4 Department, and had mentioned five thousand as
the number which I considered necessary. He replied, de- -
dining to order so many, and I felt it to be my duty to
hold State troops in readiness to meet any contingency un¬
til the period when the climate would be a sufficient pro¬
tection.
Early in September, I visited the coagt and inspected the ■
fortifications and batteries which had been thrown up by
2
18 JOURNAL OF TB$
Confederate authority. I was fully satisfied that
ber of troops upon t}ie coast in the Confederate ® ^tion
was entirely inadequate to its defence, and: as ?io .fc
was made upon m,e for any increase of thetor°^se the force
be my duty to call out State troops and in ^ jnYfMje^
as soon as possible. It is true the S^ ^ tQ ^dmit ^
but the danger was considered ]op that my Action was
no further dehay, and l was of p Constitution o?
justifies by both the letter and spurt ox
P Harriot, o?Chatham county, aflngadier General, under
fhP-Stof tie last session of the Legislature, and ordered,
him to organize a Brigade of volunteers, armed aS fax as we
had the means with military weapons and the balance with
od"country rifles and shot guns, and to-throw tfiem into
catop of instruction near the cuasf w^ere they could readily
be used when needed. Gen. Harrison has pressed forward
the organisation with his Characteristic promptness and en¬
ergy, and now has a fine Brigade under his command* I
have also, within the Jast few da^s appointed Ifyj. F. W.
Capers,, a Brigadier General and ordered him to take com¬
mand of thft second Brigade no\v about organized.
"VVhen I permitted nearly all the Estate's guns to go out
of the State in the summer, I entertained the hope that such
number of the troops with the gutos as might be needed,
vyofild be permitted to returri to bur coast in case of neces¬
sity during the Winder. Considering the danger imminent,
I lately requested the Secretary of War to order back to
our toast, five Regiments of armed Georgia troops. This
request; Was at the time declined by the Secretary, who
agreed, however to supply the Confederate General in com¬
mand at Savannah with -one thousand of the Enfield Rifles
lately imported.
As very little expenditure has been made by the Confed¬
erate Government to place Georgia in a defensive condi¬
tion, and as the number of Confederate troops upon the
coast is not sufficient to meet the necessities of the service,
q,nd as ihe enemy's fleet is now off our coast* I am of
opinion that the State will be compelled in a very
great degree to take her own defences into her own hands,
and I, therefore* recommend such additional legislation as
the General Assembly may think necessary for that pur¬
pose, together with such appropriations of money as may
be required Jor a bold and vigorous defence of our beloved
State against the aggressions of a wicked and powerful foe.
Should we have to continue our troops in the field, which
I think quite probable, during the winter, an appropria¬
tion of less than $3,500,000 will be insufficient to meet the
exigencies of the service for the ensuing year.
WEDNESDAY* NOVEMBER 1861. 19»
It is true tlie sum asked for is l^rge, but the emergency
in Tviiich wg are placed and the results which must follow
our actioii are such, that we c,annOt for a moment stopj to
count the cost. The only question proppr for discussion
ndw is, hoyy many men and hov^ much, money are necessa¬
ry to protect the State and' repel the invasion. Other
States have voted larger sums than I have asked.
I see by the message of Governor Harris^ that
the gallant State of Tennessee has appropriated and
expended $-5)000,000 as a military fund within ihe last
six months, »
How 1^he amount of money above demanded is to be
raised* is a question for the Serious consideration of the
•General Assembly. The war tax imposed by the Confede^
rate Government, 'together \vith the expenses assuched hy
different counties for supplies needed by their Companies in
the service, wjll greatjly increase the burdens of taxation.—
If we add this additional sum to that to be collected within
the present year, the burden will be}too otierous, Oil the
other hand, We should not forget that the debt which we
nqw incur, with the interest, h^s td be paid by us and our
posterity. While we cannot avoid some increase of the
public debt of the State, I think it wjse that we increase it
as little as possible, ahd that we meet a large part of our
necessary expenditures by taxation.
I therefore recoiptnend the enactment of a law, authorize
ing the collection, during the present fiscal year of one mil¬
lion of dollars by taxation, for State purposes, and
the sale of State bonds hearing such rfite of interest
as will command par in the market, tb an amount
necessary to raise the balance- If tihe interest is
fi^ed at' a high rate, the State should reserve tlie
right to redeem the bonds at no very distant period. In
the management1' of private affairs, I have generally noticed
that he who is largely indebted, and keeps his property and
pays heavy interest rather than sell property ehough to
pay the debt and stop the interest, is seldom prosperous ;
•so it is with a State. The revolution has happened ii^ our
"day; its burdens belong to the present generation, and we
have no right by a very large increase of our public debt, to
transmit the greater portion of them to generations yet
unborn.
MILITARY Fip*B OF 1861.
By reference to the Report of the Treasurer you will
find a statement of the accounts upon which the $1,000,000
appropriated as a military fund for the past year has been
expended., The Report of John JoneS ag Quarter-master
General to the 18th day of May, and of ^ra It. Fos¬
ter as Quarter-master General since that date, will af¬
ford a detailed statement of the expenditure of the several
2®
JOURNAL OTHE SENATE
sums charged i.n the Treasurers Report to account of
department of the public service. The three Reports * '
gather with the Reports of the Quarter-master aD^a7fg
master of the regular army while in the service of the S a '
affVd,, it id believed, alL the information necessary to a co
plete Understanding of the entire disbursement o t e w
suiq.
SALE OF STATE BONDS.
The Act; of the last General Assembly of State winch
appropriated one million of dollars as a military
the year J861, made provision for raising th&oioney ^
sale of Six per cent. State Bonds. At the time of the pas¬
sage of the Act, our Six per cent. bonds wTere above par m
the market and were eagerly sought after by capitalists.—
Soon after the dissolution of the United states Government
bonds <md stocks of all kinds were greatly depreciated in
the market and it became impossible to raise money at par
onany securities bearing only six per c^nt. interest. The
Government of the Confederate States fixed the rate of in¬
terest on its bontla at eighj; per cent and persons Laving
money to invest preferred these bonds to the six per cent.
bonc|s of apy State* I was consequently unable to raise
money on the Tbopds bearing the .rate of interest fixed by
the statute without putting them upon £he market at a
considerable discount. Afteir some negotiation, most of the
Banks pf this State agreed, each in proportion the amount
of its capital stock, to Advance to tho Treasury at seven
per cent, such sum as might be necessary to conduct our
military operations. This advance was made upon a state¬
ment placed upon ihe Execqtive "Minutes and a copy for¬
warded to each, by which I agreed to recommend the Leg¬
islature when assembled, to authorize the issue of seven
pfer dent, bonds to each for the sum adv&nqed, payable at
the end of twenty years, the interest to be paid semi-annu¬
ally and the State to reserve to herself the right at her op¬
tion, to redeem the bonds by P<»Fno to the h'olders the
principal and interest due at the end of five years. Upon
this agreement, a copy of which as herewith transmitted
together with a statement of the sum advanced by each
Ban]k> the wants of the Treasury were relieved and such
sums have been advanced from time to time as the Necessi¬
ties of the State required. It is proper that I mention in
thi^ connection, that the Central Kail Road and Banking
Gompany thrqugh its able and patriotic President, the Hon!
R. R. Cuyler, tendered to the State one hundred thousand
dollars -and took Six per cent, bonds in payment before any
other Bank had acted, and at q time when money could not
be commanded in the market at that rate. This conduct
was alike liberal and patriotic- and was followed by agree¬
ment on the p^rt of several other Banks, each to take teii
WEDNESDAY, NOVEMBER 6th, 1861. Si
per £ent. upon its capital stock, jto which the six per Cent,
f)opds were issued accordingly- I do not think it
right that these last^med iJanks should be permitted to
sustain loss- on accotiht of their liberality; and I therefore,
recommend that the six per cent, bonds issupd to each
Bank in <this State oh account of these sums advanced, be
taken ujj, and that seven per cent, bonds be substituted
in their place and {tfsd, that seven jpef cent, bonds be issued
t6 all Hihe Other Brinks for the sums advanced by them in
accordance with the agreement upon which they made
their respec#ve advances. This would plq[cef all the Banks
upon an equality and do justice to each of "them.—
The patt of the loan which has'been taken amounts to
$367,-500. OfJ this sum $25,000 of the six ^er cent, bonds
were issued to Sharp's Manufacturing Company, of Connec¬
ticut, in part pay for carbine^ purchased from,the Compa¬
ny, leaving, the -Hum of $$42,500 taken by the Banks of
this State upon which only $305,000 ot bonds have issued,
the balance having been advanced without the issue of
bonds upon the contract above mentioned. While nearly
the whole amount of the military appropriation had been
•expended prior to the en<jl of the fiscal year, the receipts frorm
the State Koad and from other sources Jiave been sUch as
to meet the ordinary expenses of the government, as well
as the extraordinary appropriations of the last Legislature;
also to pay part of the drafts Upon the military fund, and
to leave in the Treasury at the end of the fiscal year, a net
balance of $324,099 86. As this sutt} in the Treasury was
not appropriated for military purposes, but is mostly ap¬
propriated for other purposes and undfawn, I had no
right under the Constitution to draw upon it, and a£ the
military fund was lately exhausted and the perilous condi¬
tion of the" State required large expenditures and prompt
action for the defence of the Coast,, it became necessary for
me to negotiate a further loan with the Banks of Savannah
to meet the emergency, till an appropriation could be
made. This I thought better than to cpnvene, the Legisla¬
ture in extra session, a very short time previous to the reg¬
ular session. Under this arrangement, I have received
from the Banks of Savannah through Cr. B. Lamar, |Esq.,
whose services baye been of great value to the State both
in New York prior to. the secession of Georgia from the
old Union, and in Savannah since that time, such sums as
the service required for the repayment of which it will be
necessary to provide out of the military fund to be appro¬
priated at the present Session. The umoupt advanced is
jiot yet large, but it will become necessary to increase it
daily till an appropriation is made to meet the heavy ex¬
penditure^ now being incurred to shstain our troops in the
field. I earpestly solicit for this subject the early attention
of the General Assembly.
22
JOUKNATi O'F THE StffrATfi,
TREASURY NOTE?. # -
It is possible the State might find it difficult to ia^om_
the sale of bonds, the portion of the money above y6ar<>
mended t® be raised in *that way for the ensuwa
Should} it be found that such is the case, I recojnme0
the X^asurer of this State be authorized to js_
the order of the Governor, treasury «otes, ^^^federate
sued by the Treasury Department ol _ tiie
"States ; .and that said notes be made receivable 1 I Jf
Went of taxes, or any other debt due the State, or
Road*. , .r, oo
And for the purpose of giving these notes cr^dif cur¬
rency, let provision be made by law, that any person pre¬
senting at the Treasury five hundred, or one thousand dol¬
lars of them, shall be entitled to have and receive for said
note«v a bond of the State of Georgia, for the same amount,
bearing eight per cent interest, payable semi-annually, the
principal to be paid at the end of ten years; with the like
privilege for each additional amount of five hundred or one
thousand dollars presented.
This would place the notes upon a basis of security that
the most cautious could not suspect, and would doubtless
enable the State to .raise such sums as "her necessities may
require. With this security, it iff believed that our Banks
could not fail to receive the notes on deposit, and that
they would be received in payment" of debtg, and answer
^11, the purposes of currency. As the faith of the State
would be pledged for their redemption, no higher security
would be asked by her citizens.
RELIEF TO THEjPEOPIOi.
On account of the blockade of our ports, our planters are
unable to sell their cotton, which is the great staple produc¬
tion of the State, and brings into the State the- money
which stimulates and sustains every other branch of indus¬
try The taxes of the people, including the Confederate
war tax must necessarily be far more burdeusome this year,
than they have been any previous year, in the present gen¬
eration Unless something cau be realized by the sale of,
or by an advance upon Cotton, it will be next to impossible
for our people to raise the money with which to meet this
heavy burden. Such is the patriotism of our people, and
such their zeal in the glorious cause of our independence,
that all seem perfectly willing to submit to any amount of
taxation, necessary to sustain the Government, if they can
raise the money by sale of the products of their labor; but
they are not witling to have large amounts of valuable
property sacrificed under the Sheriff's hammer, to raise
small sums of money to meet their taxes. In this state of
WEt&ESlQAY, frOtEMBER ffth, 18G1. 23
things ii is the d^ty of the Government; tcvdo all that can
be done, to afford relief.
As the best mode of relief which occurs to my mind, I
recommend the appointment of an officer of ability and ex¬
perience, with ft competent salary, which will enable him
to d,evote his \vhole time to the work, who shall be author¬
ized, On, receiymg satisfactory evidence that any plan¬
ter lias deposited his cotton in any ware house in any
anterior town of thig State, >anc( has insured the same
against loss by fire for twelve months, with any solvent In¬
surance Company in the State, to advance to such planter
two thirds of the market value of his crop, to be paid in
Treasury notes of this. State, secured as above proposed,
which are to be repeived in payment of all public dues,
&nd funded with eight per cept, bonds when presented for
that purpose, redeemable, at the Option. of the State after a
short period.
The law should give the State the control of the Cotton
till sold, andmake ample provision for the'repayment to
the Treasury of (he principal advanced, with eight pef
cent interest, the rate paid by the State, when, the blockade
is removed, and the Cotton so|*L This would enable our
planters to realize upon their crops, a sufficient sum, to meet
their current expenses-, and to pay all taxes required of
them for the necessary expense of the war, and the support
Of the Government. I think our people have a right to
expect some such relief as I have proposed, at our hands;
and I most respectfully, but earnestly invoke foir this subject
the attentive consideration of the General Assembly,
stay law.
In connection with the foregoing subject, I may remark
that my views on the subject of tank suspensions and stay
laws, having been frequently promulgated, are well known
to the people of this State.
In ordinary times, and under ordinary circumstances, I be¬
lieve all such laws are wrong in principle, corrupting in
practice, and in violation of that good faith which should
characterize all commercial transactions between man and
his fellow man. Hence I have, on all previous occasions,
withheld my assent from all such enactments j believing
that they generally have fheir origin in unjust speculations;
and that they are used by the designing, to wrest from the
hardy sons of toil, the just incomes of their daily labor.
But these are no ordinary times. We are in the midst of
revolution, and your predecessors have authorized the suspen¬
sion of the Banks, and have stayed the collection of debts
Jill 1st December next. Our Ports are blockaded so that
our planters cannot send theii; Cotton and other produce to
market, and it is impossible for our Banks to import specie
at any price, with which to redeem their bills. In this
*24
joubKal of"the senate,
state of things, to require them to resume, is to re^ul,rfw
impossibility. It CcCurs to me therefore, that the m°® ag
can, be done, is to guard, by proper legislation, as
possible, against over issues and abuse of" their privilfg J
•Our Banks during the suspension, so as t6 cause them
justice to the people, and prevent their insolvency when tMy
shall, ata future dity, becalM upon to resumespecie parent.
It is also absolutely necessafy to extend the stay
law between other debtort and creditors. Should
Creditors be permitted la the midst of tye present
crisis, by legal process, to bring the property of debtors
to sale by the Sheriff, who is required by law to sell
for cash, the results would be deplorable. Money is so
scarce, that property forced iti sale for cash, would not
probably bring more than one third to faalf as much as it
would have brought twelve or eighteen mouths since, when
the <3ebt was contracted. This would enable a few heartless
speculators, who happen to have funds at their command, to
buy up the property of pdor debtors, at almost nominal
prices; and would cause an immense amount of suffering
among helpless Women and children, "whose husbands and fa¬
thers, never1 anticipating the present s^ate of things, contract¬
ed debts Wheti money was plentiful, and the country prosper¬
ous, which, had that state of things remained, they Could
Easily have paid ; but which their whole property, if forfced
tc sale by the Sheriff, wduld now bei insufficient to satisfy.
Many of tlifese debtors, leaving a very small amount t)f
property for the support pf their* families at home, are now
in the Military service of the Country, risking- themselves,
and sacrificing all the pleasures of home, in defence of our
Jives, liberties* ahct families. I tan imagine no greater cruel¬
ty* than to permit the creditor in the absence of the sol¬
dier, to take from his family, the small pittance left for
their support. It is true, few creditors might be so cruel
as to attempt this, but the law should make ample provi¬
sion for the protection of the weak and the helpless, against
those, who might be prompted by avarice, to disregard the
dictates of humanity. I therefore in view of our necessi¬
ties* waive for the present, all my objections to thig" char¬
acter of legislation, and recommend the enactment of such
laws, as will coutinuethe suspension, and protect the poor
and unfortunate from the grasp of the avaricious and the
^powerful* till the establishment of our independence shall
have relieved us from the embarrassments which have
grown out-of the revolution.
TJNPATRIOTiesPECULATlOGST.
It is a matter of the most profound regret in the present
eventful crisis, when the whole energies of our peo¬
ple are being exerted to. the utmost capacity in the
<cause of our independence, and when thousands of our fel-
WEDNESDAY, NOVEMBER 6TH, 1861. 25
low citjzenq who have but little exeppt their services to give,
have nobly responded to their country's call and rallied to
her standard in the field, leaving helpless families behind
with but little means of support except their daily labor,
that combinations have been formed by hard-hearted jand un¬
patriotic speculators, to b-uy up and engross almost the en¬
tire supplies of the necessaries oflife, without which neith¬
er the families of soldierg noi* others, can subsist. So soon
as these unprincipled public plupderers have obtained the
control of any necessary commodity, they have not only
robbed the government by demanding, and compelling it to
pay the most enormous profits, but they have wronged our
soldiers in the service, by compelling them to pay two or
three prices for articles which were absolutely indispensa¬
ble to their health and comfort, and have raised the prices
of many necessary articles of provision at home, till the
families of absent soldiers and others who labor for a liveli¬
hood, are obliged to> live upon the most stinted allowance
if not to endure actual suffering, on account of their ina¬
bility, by their labor, to purchase the necessaries of life.
If I liave not misconceived the true objects of government,
the Soldiers in the field from this State, the helpless families
of many of them at home, and all others who have suffered
by the wicked avarice of these Shylocks, have a
right to demand at the hands of the General Assembly, fjhe
enactment of such laws as \yill afford all the relief possible
against such cruel imposition in future.
Large amounts of provisions and other military supplies
must be furnished to Our army during the the ensuing year.
,If the State submits to t^hese impositions, the prices which
she pays will become the ruling prices in the market; and
others, however needy or unable, must pay as much as the
State pays, or they cannot procure the articles of prime
necessity.
I therefore recommend the enactment of a law authoriz¬
ing the Governor of this State, or any military officer under
his command, by his direction, (or such other officer as the
the legislature may designate,) to seize and appropriate
any provisions or other supplies of any character, necessa¬
ry for the subsistence or c^nfort of our'troops, or for their
efficiency in tfre service, wherever to be found? in th<> hands
of manufacturers, speculators or traders, and to pay or ten¬
der to such manufacturers, speculators or traders, reasona¬
ble and just compensation therefor, to be fixed by compe¬
tent valuing agents. The price fixed as the market Arilue
of the articles needed by the State, which are also the prin¬
cipal articles needed by the community, would very soon
become the general market prices in the State, as the au¬
thorities could, on information, seize supplies for the State
26 journal of the senate,
111 the hands of such persons £ts refused to sell atJ.eaS°^es,
prices, and thus brine- down those above, to mem™ he
This legislation would not only be compatible wi , ^
dictates of humanity and the plainest principles of
justice, but it would violate no constitutional pgh
speculator. The constitution expressly ^
ernment to -take private property" for "public uses by pa)
ihg "just compensation and ^^^T.unreMonaWe
ment, 111 such cases to pay exorbitant
'P1 ^commend this subject to your serious consideration, not
doubting that you will do all in your power to protect both
the State and her citizens against the wicked, and cruel de¬
signs of those, whom avarice leads to turn a depi ear alike to
the dictates of patriotism and humanity, and who are ready
to sacrifice all that is dear to a people to satisfy their own
inordinate desire for gain.
OUR TROOPS IN THE FIELD.
It is impossible to bestow too much praise upon our gal¬
lant troops now in service. Those of them who have had
an opportunity to meet the enemy, have not only sustained
the high character of Georgia, but have covered themselves
with unfading glory; and many of them, sealing their offer¬
ing upon their country's altar with their; life's blood, have
transmitted their names to posterity upon history's bright¬
est page. I have not the slightest f§ar that we have a sin¬
gle Regiment or Company in the field, from this State, that
will evei; falter in the face of the enemy, or fail to perform
the highest deeds of heroism, when occasion is offered for
such display. It is a matter of profound regret that a body
of such troops as we have sent to the field, should ever
lack for anything necessary to their comfort while in ser¬
vice. I have rendered all the aid possible with the limited
means at my command, in clothing and making them com¬
fortable; but it has not been in my power to do half as
much as I wished to do! He who will consider that our
military appropriation for the year just closed was but
$1,000,000, and that in addition to the purchase of ord¬
inance, ammunition and other military stores, and the large
sums expended in the organizj^ion of the Georgia Regular
Army, the State has more than 40,000 troops in the field, over
half of whom she has fully armed, accoutred and equipped,
besides furnishing valuable supplies to Regiments not armed
by her, and paying the expense of some twenty-five hun¬
dred of these troops for nearly two months in camp of in¬
struction, will readily see why it has not been in my power
to do more.
HOSPITAL FOR THE SICE.
I cannot close this reference to the condition and wants
of our troops, without calling your attention to the necessi-
WEDNESDAY, NOVEMBER 6TH, 1861. 27
ties of our sick and wounded soldiers in Virginia. We are
informed that their suffering has been very great for want
of proper nursing and hospital accommodations. A most
patriotic association of Georgians has been formed for the
purpose of alleviating the sufferings and supplying the
wants of the sick and wounded. This association has es¬
tablished hospitals in Virginia and collected large sums of
money from our citizens by donations, to sustain these in¬
stitutions ,• but the sums wThich will be required for the en¬
suing year, will be greater than the association can reason¬
ably expect to raise by voluntary contribution. I Contri¬
buted out of the military fund $5,000, to assist in the
establishment of the Hospital at Richmond j &n<^ I recom¬
mend such liberal appropriation for the purpose of sustain¬
ing these institutions in future, as will secure to the troops
wherever they may be, when confined by affliction, all the
attention and comfort which can possibly be afforded to
persons in their condition.
MANUFACTURE OF ARMS.
So great are our necessities for arms and such the diffi¬
culties attending their importation, that I again call the at¬
tention of the General Assembly to this import-ant -Subject,
and suggest the propriety of either establishing a State
Foundry for their manufacture^ or of guaranteeing to such
Company as will engage to manufacture them, such an
amount of patronage as will secure success. I am informed
that Col. Isaac I. Moses, a citizen of Columbus, of suffi¬
cient fcapital and great energy of character, acting in con¬
junction with JMr. John D. Gr^y, of Catoosa county, whose
reputation for energy and enterprise is well known to our
people, is perfecting preparations to manufacture at Co¬
lumbus, excellent Rifles in large numbers, within the next
two Or three months. It is said they have already mqde
considerable progress in their enterprise and that Mr. Gray
can furnish stocks quite rapidly, and that with his aid Col.
Moses will soon be able to turn out the guns complete. Should
it be found on a thorough investigation of this subject by
the military committee, that the enterprise of Col. Moses
and Mr. Gray will be successful, I recommend that a con¬
tract be entered into with these gentlemen, or with any
others who may be prepared to furnish the arms, for such
supply as the future necessities of the State may require.
In accordance with the recommendations of a convention
of Gun Smiths held at Atlanta, I have appropriated part
of the forges in the machine shop of the State Road,, to the
purpose of forging gun barrels, and, a number of hands are
now engaged there in that business. I have also ordered
to be procured boring and rifling machines and turning
lathes, and will be prepared in a few weeks to make Hfle
28 JOURNAL OF THE SENATE,
_ . to the
barrels complete. These barrels are to be given o ^ ^
gun-smiths, wjio, under contracts for-that PurP°®, perry
finish the guns after the pattern of the Harper of J
rifle.
POWDER MATERIAL. . -pw
Soon after the State seceded from the petre
our perilous condition, and the great scarci y j
and sulphur in the State, and indeed m the +he
my duty to use every exertion in my power p , ,
material, without which.it would be impossib
supply of powder absolutely necessary to our salety and
the success of our common cause. After much exertion
and creat risk, I succeeded in procuring a supply sufficient
to make several hundred tons of powder; which was land¬
ed in the State a very short time prior to the commence¬
ment of the blockade of our ports. A short time after its
importation, I offered the powder material and the steamer
Huntress to the Secretary of War for the common cause, at
their original cost to the State without even charging in¬
terest on the money, during the time intervening, between
the purchase by the State, and the proposed sale. This
proposition was declined by the Secretary. At a later pe¬
riod in the season, I renewed the proposition, with the al¬
ternative that if the Secretary refused to take the steamer,
which had been purchased by order of the State Conven¬
tion, and which was no longer needed by the State, the
Confederacy having assumed the control of our naval af¬
fairs; he could have the powder material without the
steamer at its market value. This latter proposition was
accepted and the market value of the powder material fix¬
ed by the Secretary himself at fifty per cent upon original
cost. It was at the time worth in the market, over three
hundred per cent upon the original rost, but as it was no
part of my purpose to speculate for the State on that which
was essential to the success of our common cause, I per¬
mitted the Secretary of War to take it at his own price.
The S^tate Treasurer had advanced the money to purchase
the material at my request, without warrant, and after the
sale,, as no warrant had passed, I refunded to the Treasury
the amount of money advanced by the Treasurer. By this
transaction I not only obtained and turned over to the Con¬
federacy at a price several hundred fold less than it could
have been elsewhere obtained, a supply of material of very
great value, btffc also made a clear profit of $22,133 70 for
the* £>tate, As the drafts upon the military fund were
much heavier than was anticipated when the appropriation
was made, I found it necessary to us^ this net profit which
X had made for the State, in the purchase of provisions and
other necessary supplies for our troops. I therefore paid it
over to the Quarter Master General of the State, and took
WEDNESDAY, NOVEMBER 6TH, 1861. 29
liis receipt for the amount, which he has exuended for the
use of our troops, and for which he will account in his re¬
port. I have ordered this receipt to be recorded on the
Executive minutes and the original to be filed subject to the
inspection of any committee, or other person interested.
PENITENTIARY.
You are referred to the report of Col. James A. Green,
the active and energetic Principal Keeper of the Peniten¬
tiary, for a statement of the operations of that Institution,
during the past fiscal year. It will be sqen that aftet
the payment of all its indebtedness for the year,, it has a
handsome sum to its credit; and that no appropriation is
asked for its assistance or support for the ensuing year.
ASYLUM, AND OTIItiR INSTITUTIONS.
For a statement of the condition and wants of the Lu¬
natic Asylum, Academy for thp Blind, and Institution for
the Education of the Deaf and Dumb, you are respectfully
referred to the reports of the officers in charge of
these Institutions.
STATE UNIVERSITY.
As required by the Statute, I transmit herewith the Re¬
port of the Trustees of the State University- So large a
number of young men, who would otherwise have been
pursuing their Collegiate studies, have volunteered, and
gone to the army, that the number of students in the Uni¬
versity must be expected to be materially diminished du¬
ring the ensuing year.
GEORGIA MILITARY INSTITUTE.
I apprehend I need enter into no argument in the pres-'
ent eventful period of our history, to satisfy the General
Assembly of the great utility and importance of the Mili¬
tary Institute to the State and to the South. The friends
and patrons of the Institute have much reason to be proud
of the results of their' labor. Most of its graduates hold
useful and important positions In the service of the State,
or the Confederacy, while some have already sacrificed their
lives on the battle field gallantly leading their followers in
the hour of victory. lam happy to be able to state that
the prospects of the Institute are at present very flattering.
Feeling that the State needed the services and military
skill of Maj. Capers, the Superintendent during the winter
upon the Coast, I have given him a Commission as Brigadier
General, and assigned him to the command of the second
Brigade of Georgia Statfc troops. As it is not probable
that the campaign upon the Coast will last for more than six
months, it is hoped that General Capers may be able to re¬
sume his position in the Institute before the commence¬
ment of the next summer. Considering his services of
great importance to the State in conducting the military
JOURNAL OF THE SENATE,
education of pur youth, the Board under whose suPerV^^t
the law has placed' the Institute, could not willingly con
that General Capers accept such military commission
would carry him out of the State, and sever his ®®nne
with the Institution where his services are so ig y app
it wm8,tattl?ry1 thS
enlightened
statesmanship, and fostering care of the General ssembly.
EDUCATION.
The annual appropriation of one hundred thousand dol¬
lars, and the dividends from the Bank Stock belonging to
the State, and the interest upon the educational bonds,
amount in the aggregate, to $145,054 00 for the past year.
This will be distributed among the Counties for school pur¬
poses, unless the Executive shall be otherwise directed by
legislation anterior to the day fixed by law for the distribu¬
tion. While our financial embarrassments growing out of
the war may be very considerable, I entertain the opin¬
ion that it would be better for the people to sujbmit to the
additional taxation necessary to raise this sum, than to
withhold it from those entitled under existing legislation to
participate in its benefits.
THE NEW CONSTITUTION.
The new Constitution proposed by the State Convention
on the 23rd day of March last, while in session at Savan¬
nah, was, by my proclamation, submitted to a vote of the
people of the State for ratification or rejection, on the first
Tuesday in July last. The vote cast was quite a small one,
owing doubtless, to the fact, that the thoughts of our peo¬
ple were so much engrossed with the war, that little atten¬
tion was given to any other subject; and as the Constitu¬
tion had receive^ tne sanction of the Convention, compos¬
ed as it was of so many -of the brightest intellects, and best
men of the State, the people were, it would seem, general¬
ly willing, to ratify their action without serious opposition.
The election returns received at the Executive Department
show the? following result; F '
For Ratification 4.. 11,499 votes
No Ratification 10,704 votes.
Majority for Ratification . 795 voteSi
After the result was known, on the 20th day of August
last, I issued my proclamation, as required by the resolu¬
tion of the Convention, declaring the proposed Constitu¬
tion to be the Constitution of this State.
WEDNESDAY, NOVEMBER 6TH, 1S61. 31
OUR MILITIA SYSTEM.
I invite the attention of the General Assembly to the
suggestions contained in the report of the Adjutant
and Inspector General recommending a revision of our Mil¬
itary Code. I would also suggest a change in the law relating
to Volunteer Companies. Daring the past year these compa¬
nies have frequently been formed, and after their officers were
commissioned and they armed by the State, have in a short
time disbanded and scattered their arms, causing very con¬
siderable expense and trouble to the State to collect them
again, and in some instances involving the entire loss of
part of the guns to the State. Again, it has frequently
happened after companies have been formed an^ their of¬
ficers have expended large sums in uniforming and equipping
them, that a portion of the members becoming dissatisfied
with the organization, or seeing as- they believed, an oppor¬
tunity to get into service sooner with, some other company,
have withdrawn, and reduced the Company to so small a
number as to compel the officers to disband it. This has
caused much confusion, and has been very discouraging to
those who have incurred heavy expense in organizing and
equipping Companies for service. To prevent this state of
things in future I recommend such legislation as will compel
those who may hereafter enrpl their names as members of a
Volunteer Company to adhere to the organization for at
least twelve months, and to respond to any call which may,
within that time, be made upon them for active service in
the field, andforsuch term of service as may be required by
the statutes under which they may be called out for the de¬
fence of the State or the Confederacy.
WESTERN AND ATLANTIC RAILROAD.
For a statement of the condition of the Western and At¬
lantic Railroad, the General Assembly is referred to the re¬
port of the late able and faithful Superintendent, Dr. John
W. Lewis, whose resignation took effect with the end of the
fiscal year of the Road, on the 30th of September.
Maj. John S. Rowland, of the county of Cass, who has been
appointed Superintendent, is energetically and faithfully
engaged in the discharge of his duties. The other able
officers of the Road generally remain in their positions as
heretofore. Their past fidelity and efficiency, together
with the well known character of the Superintendent for
honesty, integrity, practical business sense, and financial
ability, are, I trust, sufficient guaranty that the future man¬
agement of the Road will be faithful and successful. If
the Blockade is continued so as to prevent all exports of
produce, the falling off of freights during the ensuing year
will probably seriously affect the income of the Road.
32
JOURNAL OF THE SENATE,
As will be seen, by reference to the Report of the S
Treasurer, he has received from the Road $438,000 o
incomes for the past fiscal year, ending 20th October
FLORIDA BOUNDARY LINE.
At the last session of the Legislature, a resolutio^^
adopted, directing me to re-open nego ia boundary
thorities of the State of Florida, m regard ^ the bounda^
line between the two States, and to uige thei adj t t
of the disputed line, so as to "protect the rights ot citizen¬
ship of the people residing near the line, who have been
recognized by the laws and constitution oi this btate, as
being citizens of Georgia, and so as also to protect the titles
of citizens to the lands which they hold under grants is¬
sued by the State; and to have, if practicable, the bound¬
ary fixed so as to retain and keep the fractional lots of land
sold by Georgia, within the jurisdiction of this State."
Owing to the fact that the energies of both States were
taxed to their utmost capacity by the existing war, and
that the official term of Gov. Perry was near its expiration,
I delayed action till after the inauguration of Gov. Milton,
when I transmitted to him a copy of the resolutions of our
last Legislature, and invited his attention to the subject.
He replied, that he would lay the resolutions before the
Legislature of Florida. I transmit herewith a copy of the
correspondence, which is all that has transpired since the
adjournment of the last session. Should I receive notice of
any action on the part of the Legislature of Florida on this
subject prior to your adjournment, you will be promptly
informed of the fact.
THE CONFEDERATE WAR TAX.
The twenty-Jourth section of the Act passed by the Con¬
gress of the Confederate States for the collection of a War
Tax, is in these words :
"If any State shall, on or before the first day of April
next, pay, in the Treasury notes of the Confederate States,
or in specie, the taxes assessed against the citizens of such
State, less ten per centum thereon, it shall be the duty of
the Secretary of the Treasury to notify the same to the
several tax collectors in such State, and thereupon their
authority and duty under this Act shall cease."
In a previous part of the Act, provision is made for the
appointment of Assessors by the Confederate Government,
and the valuation of taxable property in each State. It
would seem, therefore, that there is no way of ascertain¬
ing the amount which each State is required to pay till
this assessment is made. After this is done, and the sum
for which the State is liable is known, each State may pay
WEDNESDAY, NOVEMBER Gth, IStil.
this sum into the Treasury, in gold .and silver, or Confed¬
erate Treasury notes, less ten per centum, and thereby
prevent the collection ol'the same by Confederate officers.
While I would have greatly preferred that Congress should
have apportioned the sum to be raised among the States,
without the intervention of Confederate Assessors, it is
much better, in my opinion, that we at least prevent the
Confederate Tax-Gatherers from making their appearance
among us, when we can save ten per centum upon the
whole sum by collecting it under State authority, and pay¬
ing it into the Conlederate Treasury; and I think it would
he more satisfactory to our people that they be visited by
the Tax-collecters of but one Government. I therefore re¬
commend such legislation' as may be necessary to secure
the collection of Georgia's quota by her own State Collec¬
tors, either those who collect the State tax, or others to be
appointed by State authority for that purpose, and its pay¬
ment, when collected, into the Confederate Treasury. The
State Collectors could afford to do the labor for a very
small per centum on so large a sum. While the State, by
the adoption of this policy, would act upon a principle
alike compatible with her dignity and sovereignty, she
would save to her Treasury a very considerable sum in the
difference between the actual cost of collection, and the
'sum allowed her on that account. Should it become the
policy of the Confederate Government in the future, to
abolish our tariff system, with all the expense and corrup¬
tion that attended the system in the old Government, such
a course might greatly lessen the expenses of the Govern¬
ment, and cause the people to hold their public servants
to a much more strict accountability for wasteful expendi¬
tures ; and in that event, lam of opinion that the amount nec¬
essary to the support of Government, should be justly-
apportioned among the States, and each State should be
permitted, by her own Collectors, if her people prefer it, to
raise her own quota, and pay it into the Treasury, without
the intervention of Confederate Collectors.
commercial independence.
The contest in which we are engaged must, it is admit¬
ted by all, result in our political independence. But our
deliverance from political bondage will be of little advan¬
tage if we remain in a state of commercial dependence.
If our exchanges at the end of the war, are still to be made
through New York and other Northern Ports; our Cotton
shipped upon Northern ships by way of New York to Eu¬
rope; taxed with increased freights, insurance, commissions,
wharfage, and other incidental expenses incurred upon that
route; and our goods imported over the same line burden¬
ed with the usual expense to us, and profits to the North-
3
34 JOURNAL OF THE SENATE,
nations
era merchant, which must result from indirect impo ' , ollI
we shall remain in fact, subject to Northern ruile, a ^
political destinies will soon be controlled by ^js evil
have our commercial interests under their pcmer.
can only be prevented by the inaugu^
tern which will q„ertk,n well vvorthy the
changes with Europe. A xj,js 0biect cannot be
consideration establishment of free trade
tnh^llCrP worfd. ^ Your predecessors, at the last
si sion duly appreciating tie importance of this question,
rassed an act incorporating the "Belgian American Compa-
nv " and authorizing the Governor to pledge the State to
secure to the Company what was considered reasonable pro¬
fits on the amount invested in a line of steamers to run di¬
rect between Savannah and some commercial point in Eu¬
rope, provided the guarantee of the State should not ex¬
ceed one hundred thousand dollars, per annum, for five
years. The act also made it the duty of the Governor to ap¬
point a Commissioner to Europe to negotiate an arrangement
for the line. In obedience to this requirement of the stat¬
ute, I appointed the Hon. T. Butler King, Commissioner,
and sent him to Europe early in the Spring. I have re¬
ceived but a single dispatch from Mr. Kins since his depart¬
ure. In this, he informs me that he has forwarded several
others which I have not received.
As it is imposible to foretell what may be the result of
Mr. King's mission, I beg leave to call the attention of the
General Assembly to the fact that an association of Geor¬
gians of high, character, and well known financial and
commercial ability, is now being formed, for the purpose
of establishing at as early a day as possible, a line of steam¬
ers between Savannah and such commercial port in Europe,
as offers the greatest inducements and facilities for direct
trade and intercourse.
If the legislature w ill incorporate the company and sub¬
scribe, for the State. $200,000 to its capital stock, and
grant to it a subsidy of fifty thousand dollars per annum,
for five years, I am informed that the whole capital stock wTill
be at once taken, and the ships purchased, ready to be placed
upon the line immediately aftei the removal of the block¬
ade. This would cost the State less than she has proposed
to guarantee to a foreign company. And as the line in
this case, would be owned jointly by the State, and an as¬
sociation of her most enterprising citizens, there would
seem to be weighty reasons, why our people should prefe r
it, to any line controlled by foreign capitalists, who would
have no preference for a Georgia port as the American ter¬
minus of the line, if superior inducements should at any
future time be offered by any other Southern city.
WEDNESDAY, NOVEMBER GTH, 1861. 35
So soon as the blockade is raised, it will become a matter of
the first importance that the line be immediately put in
operation, and that permanent and safe arrangements be
made with European capitalists for advances upon cotton,
and for the regulation of our exchanges upon a just and
equitable basis.
No country on the globe possesses more natural advantages,
and no country has suffered greater wrong than has been
inflicted upon the South for the last quarter of a century,
under the unjust and iniquitous system of legislation adop¬
ted by the Government of the United States. The Union has
at last been severed beyond the possibility of re-construc¬
tion ; and the Southern States are no longer commercially,
nor politically, the appendages or provinces of the Northern
Government, but they are free, sovereign, and independent,
while that Government has become a Military despotism.
If the people of the South are true to their own interests,
they will never in future have any political connection with
the people of the North, nor permit their commercial rela¬
tions to be controlled by Northern legislation or Northern
capital. The South wras not only the great productive section
of the old Union, furnishing most of its exports, but it was
the balance wheel which kept the machinery of Republican
Government in regular motion, and its trade was the
great artery of life to the Northern section. With
every advantage of soil and climate, and all the mate¬
rial elements of greatness, 110 longer compelled to submit
to an unjust draft upon her industrial pursuits to build up
and pamper the power of a haughty rival section, the
South seems to hold in her own hands, under the smiles of
a kind Providence, the high destiny of her own future.
OUR COMPETENCY FOR SELF-GOVERNMENT.
He who has read history attentively, and studied carefully
thetheory of Government, can have but little difficulty in ar¬
riving at the conclusion, that a Republican Government can
only be maintained upon the basis of domestic slavery. The
assertion, so often repeated, that our people are competent for
self government, is no doubt true when properly qualified ;
but if it is intended by the term, "people" to include the
whole people, and to permit all of every class white and
black indiscriminately to exercise political rights, it is then
doubtless untrue. The capacity of the people for self-gov¬
ernment, depends upon their virtue and intelligence,
and the experiments made in France and other en¬
lightened countries, where domestic slavery is not tolerated,
have shown that sufficient virtue and intelligence never ex¬
ist to enable the people to perform the task, when the
whole mass of the people of every class are permitted to
participate actively in the affairs of the State. Hence, the
general rule, that a country which does not tolerate domes-
36 JOURNAL OF THE SENATE,
It is a<
Imitted
tic slavery, is governed by monarchy. It is admin ^ull_
the opposite of the rule is not always true, as soW £t|d
tries, like Brazil and Spain, tolerate <1ouies ic_ t> ^ e
are governed by monarchy. Nor is the 1 u ■ 1]au(];
without a single exception, asm tUe c"oll,liriot„ is
■ which, on account of its peculiar loca } _fs 0f Europe,
tolerated as a republic by the other Confederate
Take, as an illustration, the ^iec>I\fe ,, neorde of the
States, and of the United States. V*e say V11 fi,emselve<.
Confederate States are competent to govern Jthemb elves.
This is true in the sense in which the expre.^> sens/
but if we use the term ^pcoplf?' 111 lts '
and embrace the four millions of negroes as a y ^
people, entitled to exercise political rights,then u is noo ti ue.
The peopleof the United States are intelligent and enlight¬
ened, but the whole people, including menial servants im¬
ported paupers, and free negroes all under their theor)
possessing and exercising equal rights and equal power at
the ballot box, are certainty incompetent to govern them¬
selves. Hence that government must soon terminate in
monarchy.
Intimately connected with the above cause, is
another that must tend to hasten the result. I allude to the
irreconcilable conflict, wliicli, under their domestic system,
exists, and must continue to increase, between Capital and
Labor. There, the capitalist who desires to employ htb^r has
no interest in the person of the laborer, but only au inter¬
est in his day's work. He is under no obligation otherthan
the common dictates of humanity to provide for the wants
of the laborer or his family in case of sickness or other mis¬
fortune. It follows that it is the interest of the combined
capitalists of the North to depress the price of labor
and procure work as low as possible. On the' other hand,
the laboring class is interested in keeping up the price of la¬
bor. In this conflict, if the laboring class strike for higher
wages, when prices are no longer remunerative, the com¬
petition for employment which will be produced by the
annual importation of very large numbers of foreign pau¬
pers, will give the capitalists greatly the advantage in their
efforts to maintain low prices. This, together with the
consequent necessities of the laboring class, will naturally
foster the agrarian feeling already engendered, and the con¬
flict will become constant and bitter. The laboring class
including the lowest menial servants, and naturalized for¬
eign paupers, being voters will naturally have the advan¬
tage at the ballot box, on account of their superiority of
numbers. This will induce the capitalists, on the other
hand, to use their money freely to influence the election*
which will be productive of increased rottenness and cor!
ruption in the body politic. Riots and mobs will grow out
WEDNESDAY, NOVEMBER 6th, 1861. 37
of the contest, till thinking men, discovering the tottering
basis upon which society rests, and the insecurity of prop¬
erty, will naturally be induced to seek protection in a
stronger form of government.
Amid this chaos and confusion, in the throes of revolu¬
tion, some master spirit with great ability and ambition,
will attract attention and win popular applause. This will
place him in position to command, when appealing to the
necessities of the capitalists he will engage to make his
sword their protector, and to distribute the honors of the
Empire among them, if they will make their gold the pil¬
lars of his throne. The result will be, that the country
will seek repose in the downfall of Republicanism, and the
establishment of Monarchy.
The very opposite of all this is true in the Confederate
States. Here, domestic slavery is a fundamental part of our
social system. We have over four millions of negroes who
are the mepial class of our society. They have, no politi¬
cal rights and seek none ; they take no part in the Govern¬
ment, but are a dependent class, generally contented and
happy, having all their natural wants supplied by those whd
are responsible under our laws for their humane and kind
treatment. In case of sickness, or permanent bodily in¬
firmity, they are not left as are the paupers of the North, •
to the cold charities of the world, for the necessaries of life;
but public opinion and the laws of the land, compel their
owners to make provision for their wants and to treat them
with humanity and kindness. Here the white class is the
iruling class. When we say our people are competent to
the task of self-government, we mean white people. But it
may be said, the paupers of the North, who participate in
the government, are generally white people. This is ad¬
mitted, but many of them are white people of the lowest
menial class ; so low that there is no class below them, and
they lack not only intelligence but pride of character.
Hence their votes are bought and gold in the market.
With "us every white man, whether native or of foreign *
birth, feels and knows that he belongs to the ruling
class, and that there is a menial class of millions of
persons entirely below him. This inspires him with
pride of character which fits him to participate in the
political affairs of the State. If there are individual excep¬
tions to this rule, they are not sufficiently numerous to be
severely felt, or to affect materially the results in the choice
of rulers. Again, instead of perpetual conflict under our
social system between capital and labor, we have the most
perfect harmony. We have few capitalists who are not
slaveholders. Each slaveholder has an interest not only in
the day's labor, or the week's labor, but in ihe person of the
laborer ; in his flesh and his blood, his musclpand his bone ;
38 JOURNAL OF THE SENATE,
• of^e
ill a word, the man is hi*. If, therefore, the laboi ^orth
man is worth one dollar per day, the roan, h^sel > oWns
One thousand to fifteen hundred dollars, and e ^
one hundred of these laborers is a rich ma , soCiety.
the importance and position, r^TC^^ts per° day, and you
Heduce the price of labor to =fii^ ^ t^e market, and
greatly reduce the value of the laborer of
m like proportion, you reduce ^ ^ ]aj)or to twenty-five
the owner Ifcannot, by his labor, comfortably
P,ei • }I]/ an(j family. In this case, as Ins labor is
wFth nltZgio his owner, he is valueless arid the person
who owns one hundred such laborers with the respoiiMlnh-
ties attaching to the ownership, is not only poor, but has a
heavy burden annexed to his poverty.
As most of our slaves are owned by men ot capital, ana
as capitalists, like other men, look to their interests, and as
the value of the estate of each slave-liolder depends upon
the value of labor, it becomes the interest of the combined
capital of the country to keep tip the price of labor to sus¬
tain the value of property. The poor white laborer is also
interested in keeping up the price of labor, as he has to
work to support himself and family, and if he is intelligent
and examines this question, he cannot fail to see that the
surest way to keep up the price of his own labor, is to sus¬
tain the institution of slavery. If the labor of the negro is
worth in the market one dollar per day, the labor of the
white man is worth more, or certainly as much; and while
the institution of slavery is maintained, every capitalist in
the country who owns slaves, is interested in, and will use
his influence to keep up, the value of labor, and the poor
white man gets the influence of his more wealthy and pow¬
erful neighbor in sustaining the price of his labor. On the
other hand, if slavery is abolished, it becomes in the South,
as it now is in the North, the interest of the combined cap¬
ital of the country to depress labor, and get it as low as
possible, as the capitalist would then be no longer interested
in the person of the laborer, and the value of his estate
would be no longer dependent upon the price of labor.—
The interest ot the capitalist in the last case, would be to
get labor low, and as the negro would, when free, be placed
nearer a state of equality with the white laborer, and would
have a right to make his own contracts, he would come
into direct competition with the poor white laborer, and
would soon under-bid him, t id reduce the price of labor to
as low a rate as would sustain life. This would bring ruin
upon the poor white man, and degrade his family far below
their present condition. It is very clear, therefore, while
the institution of slavery exists, that it is the interest of the
rich man to sustain the price of the labor of the poor white
WEDNESDAY, NOVEMBER Cth, 1861. 39
laborer; and that it is, for the same reason, the interest of
the poor white laborer to sustain and perpetuate the insti¬
tution of negro slavery. In other words, the rich and poor
are alike interested in sustaining slavery and in sustaining
the price ot labor. The slaves themselves are also interest¬
ed, as they are more civilized, more christianized, and in a
better condition than the like number of their race ever
were in any other country or climate. If the price of la¬
bor is high, and the slave is worth a high price in the marj
ket, the owner has a heavy pecuniary interest in addition
to the common sympathy of our nature to prompt him to
treat the slave well, as his value to his owner depends upon
the preservation of his life and health, and these depend
much upon the manner in which he is clothed, and fed,
and attended to in sickness.
From the foregoing reflections, it naturally follows, that
our whole social system is one of perfect homogeneity of
interest, where every class of society is interested in sustain¬
ing the interest of 6very other class. We have all the har¬
monious elements necessary to the perpetuity of that re¬
publican and religious liberty bequeathed to us by our
fathers; with none of the distracting and conflicting ele¬
ments which must destroy both in the Northern States,
and which have already precipitated the country into a "
bloody revolution, and attempted to hurl to the ground the
fairest structure ever dedicated to Liberty on the face of
the Globe. To sustain this priceless heritage is the high¬
est earthly duty of the christian and the patriot. Ruthless
and bloody hands have been laid upon it. To wrest it from
them may cost hundreds of millions of treasure, and
many thousands of the most invaluable lives of the South.
But he who would stop to count the cost, would do well
to ask himself what is my property worth when I am a
slave ? or, What is my life worth, if, by saving it, I must
transmit a heritage of bondage to my children'? If we are
conquered, our property is confiscated, and we and our .
children are slaves to Northern avarice and Northern inso¬
lence. Sooner than submit to this, I would cheerfully ex¬
pend in the cause the last dollar I could raise, and would
fervently pray, like Sampson of .old, that Grod would give
me strength to lay hold upon the pillars of the edifice, and
would enable me while bending with its weight, to die a
glorious death beneath the crumbing ruins of that Temple
of Southern freedom which has so long attracted the world
by the splendor of its magnificence.
JOSEPH E. BROWN.
40 JOURNAL OF TIIE SENATE,
f tli® "
On motion of Mr. Seward, one hundred copies o 0f the
ernor's Message was ordered to be printed lor the
Senate. j choose
On motion the Senators proceeded to raw
their seats. , , -«0 O'clock to-
On motion the Senate then adjourned until
morrow morning.
, THURSDAY NOVEMBER 7th, 1S61. )
10 o'clock, a. m. >
Senate met according to adjournment, and was opened
with prayer by Rev. Mr. Brooks.
Mr. Bell introduced a hill "to consolidate the offices of
T"ax Collectors and Receivers, of this State, and require
the duties, thereof, to "be discharged by one officer, to be
styled Tax Receiver and Collector which was read the
first time.
Mr. Furlow introduced a hill to alter and amend an act
entitled "an act, to change and alter the county lines be¬
tween the counties of Dooly and Macon," assented to De-
* eembei*d7th, 1860, and for other purposes, which was read
the first time.
Mr. Gordon introduced a bill to incorporate an Insurance
Company in the city of Savannah, to be called "the South¬
ern Insurance and Trust Company," which was read the first
time.
Mr. Hill introduced a bill to legalize the proceedings of
the Inferior Court of Wilkes county, relative to levying
taxes for the benefit of Volunteers and their families, and
for other purposes, which was read the first time.
Mr. Jackson introduced a bill to authorize the Receiver
or Receivers appointed under the Sequestration Act of the
Confenderate States, to bring suits on claims of alien enemies
sequestered in any of the Courts of this State, and maintain
all suits which are now pending in any of the Courts, and
for other purposes, which was read the. first time.
Mr. Hill introduced "p, bill for the relief of Gabriel
Toombs," which was read the first time.
Mr. Lewis introduced "a bill to amend the divorce laws of
this State," which was read the first time.
Also, "a bill to re-enact and keep in force until the first
day of December, 1862, an act to grant relief to the Banks
and people of this State, and for other purposes, passed in
the year 1857; and an act to add a proviso to the fourth sec¬
tion of an act for the relief of the people and Banks of this
State, passed 30th day of November, 1S60, and to add an '
additional section to said act, the former of which acts vrao
THURSDAY, NOVEMBER 7th, 1861, 41
passed in the House and Senate over the Governor's veto,
by a Constitutional majority, November 30th, 1S60, and the
latter "was assented to December 20th, 1800, which was
read the first time.
Mr. Lewis offered a resolution instructing the committee
on Finance, in the House and Senate, to act as a Joint Com¬
mittee for certain purposes, which was read.
Mr. Mitchel introduced "a bill to assume and pay into
the Treasury of the Confederate States of America, the tax¬
es assessed or to be assessed, against the citizens of the State
of Georgia, under an act of the Congress of the Confeder¬
ate States, usually called £he Confederate War Tax, and
passed on the day of , 1S61," which was
read the first time.
Also, "a bill to incorporate the Western and Atlantic
Rail Road Company, and to sell and disj)ose of one-third of
the stock of the Western and Atlantic Rail Road," which
was read the first time.
Mr. Brown introduced "a bill to authorize the Inferior
Court of Marion county to levy a tax for the support of the
Soldiers in the service of the Confederate States, and their
families," which was read the first time.
Mr. Seward introduced "a bill to incorporate the Planters'
Insurance, Trust and Loan Commpany"—accompanied with
a memorial—which was read the first time.
Mr. Seward moved to print fifty copies of the same for'
the use of the Senate, which was agreed to.
Mr. Stafford introduced "a bill to prevent trading with
the enemy in time of war, either in this State or a part of
any other State, which was read the first time.
The following message was received from His Excellency
the Governor, by Mr. Waters, his Secretary :
Mr. President:—I am directed by the Governor to deliver
to the Senate a communication in writing, with a number
of sealed packages supposed to contain the returns of the
late election for Governor.
On motion of Mr. Hill, a committee consisting of three
was appointed to convey to the House of Representatives
the election returns.
The President appointed, as said committee, Messrs. Hill,
Echols and Anthony.
Mr. Vason introduce 1 "a bill to provide for the appoint¬
ment of new assignees and trustees in certain cases," which
was read the first time.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—I am instructed by the House of Repre¬
sentatives, to inform the Senate that this House will be
ready to receive them in their Hall, this, day, at 11 o'clock
42
JOURNAL OF THE SENATE,
A. JVL, to count out and consolidate the election returns at
the recent Gubernatorial election.
On motion, the Senate repaired to the Representative
Hall.
The General Assembly then proceeded to count out and
add the returns of the several counties of this State, upon
which it appeared that Joseph E. Brown was duly elected
Governor of Georgia for the ensuing two years, and was so
declared by the presiding officer. The President and mem¬
bers of the Senate, then, on motion, repaired to their cham-^
ber.
On motion of Mr. Hansell, the rules were suspended and
a committee of three was appointed to join such committee
as may be appointed on the part of the House of Represen-r
tatives, to wait on His Excellency Joseph E. Brown, notify¬
ing him of his election, and request his acceptance of the
same.
The President appointed, on the part of the Senate, Mes¬
srs. Hansell, Vason and Stafford as such committee.
Mr. Furlow introduced "a bill to make valid the doings
and actings of Augustus B. Raiford and Sterling Glover as
Deputy Sheriffs of the county of Sumter," which was read
the first time.
Mr. Bell offered a resolution instructing the Judiciary
Committee of the Senate and House, to enquire into the
power of the General Assembly to suppress speculation,
monopoly and extortion, which was read.
Mr. Gibson introduced "a bill to alter the time of hold¬
ing the Superior Courts of the Middle District, and for oth¬
er purposes," which was read the first time.
Also, "a bill to empower and authorize the City Council
of Augusta to fix the salary of city Judges," which was
read the first time.
Also, "a bill to amend an act to authorize the settlement
of criminal prosecutions in certain cases," which was read
the first time.
Also, "a bill to make valid the proceeding of the Inferior
Court of Richmond county, in providing for the indigent
families of absent soldiers, and to authorize said Justices to
raise money for that purpose," which wi>s read the first
time.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—I am instructed by the House of Repre¬
sentatives, t inform the Senate that they have appointed
the Hons. JLessrs. Tatum, Cochrane of Glynn, Briscoe,
Cabaniss and Lester to join a similar committee, on part of
of the Senate, to notify the Governor, elect, of his election,
and to request his acceptance of the office to which lie is
elected and make arrangement for his inauguration.
FRIDAY, NOVEMBER 8th, 1861. 43
Mr. Hansell introduced "a bill to incorporate the Direct
Trade and Banking Company of Georgia, and for other pur¬
poses," which was read the first time.
Mr. Hansell moved to suspend the rules, for the purpose
of offering a resolution, which was agreed to.
Mr. Hansell offered the following resolution, which was
taken up, read and agreed to.
Resolved, That in view of the importance of the annual
report of the Comptroller General of this State, accompa¬
nying the Governor's annual message, five hundred copies
of suid report be printed for the use of the Senate."
Mr. Dyer offered a resolution relative to the amendment
of the twenty-first rule of the Senate, which was read.
Mr. Hansell, Chairman of the committe, appointed to no¬
tify the Governor of his election, reported that the commit¬
tee had discharged their duty and received for answer that
he accepts the office, and would be ready to attend in the
Representative Chamber at twelve o'clock to-morrow, to
take the oath of office prescribed by the Constitution of
this State and of the Confederate States.
On motion of Mr. Bell, a committee consisting of three
was appointed to report rules for the government of the
present session.
The president appointed, as said committee, Messrs. Bell,
Gibson and Gordon.
On motion, tlie Senate then adjourned until 10 o'clock
to-morrow morning.
FRIDAY NOVEMBER Sth, 1861. >
10 o'clock a. at. >
Senate met according to adjournment, and was opened
with prayer by the Rev. Mr. Talmagc.
Leave of absence was granted Mr. Gordon for a few days,
on special business.
The Senate took up the following bills, which were sev¬
erally read the second time, and referred to the commit¬
tee of the whole:
"A bill to consolidate the offices of Receiver of tax re¬
turns and Collector of taxes in this State, and for other pur¬
poses."
Also, "a bill to alter and amend an act entitled an act to
change and alter the county lines between the counties of
Dooly and Macon," assented to December 17th, 1860.
Also, "a bill to incorporate an Insurance Company in the
city of Savannah, to be called the Southern Insurance and
Trust Company.
44
JOURNAL OF THE SENATE,
Also, "a bill to legalize tlie proceedings of the Inferior
Court of Wilkes .county relative to levying taxes for the
benefit of Volunteers and their families, and for other purJ
poses."
Also, "a bill for the relief of Gabriel Toombs." ^
Also, "a bill to amend the divorce laws of this State.
Also, "a bill to re-enact and keep in force until the first
day of December, 1862, an act granting relief to Banks and
people of this State, passed in the year of 1857, and an act
adding a proviso to the fourth section of an act for the re¬
lief of the people and banks of this State, passed 30th No¬
vember, i860, and to add an additional section to said act,
the former of which acts was passed in the House and Sen¬
ate, over the Governor's veto, by a Constitutional majority,
November 30th, 1860, and the latter was assented to De¬
cember 20th, 1860.
Also, "a bill to authorize the Inferior Court of Marion
county to levy a tax for the support of the Soldiers, in the
Confederate States, and their families."
Also, "a bill to prevent trading with the enemy in time
of war."
Also, "a bill to make valid the doings and actings of Au¬
gustus B. Raiford and Sterling Glover, as Deputy Sheriffs
of the county of Sumter."
Also, "a bill to empower and authorize the City Council
of Augusta to fix the salary of city Judge."
Also, "a bill to amend an act to authorize the settlement
of Criminal prosecutions iri certain cases, and for other pur¬
poses."
Also, "a bill to alter and fix the times of holding the Su¬
perior Courts of the middle District, and for other purpo¬
ses."
Also, "a bill to make valid the proceedings of the Justi¬
ces of the Inferior Court of Richmond county, in providing
for the indigent families of absent Soldiers, and to author¬
ize said Justices to raise money for that purpose."
Senate took up the following bills, which were severally
read the second time and referred to the committee on the
Judiciary :
"A bill to authorize the Receiver or Receivers, appointed
under the .Sequestration act of the Confederate States, to
bring suits on all claims of alien enemies in any of the
Courts of this State and to maintain all suits which are now
pending, and for other purposes."
Also, "a bill to provide for the appointment of newT As¬
signees and Trustees in certain cases."
Senate took up the following bills which were severally
read the second time and referred to the committee on Fi¬
nance."
"A bill to assume and pay into the Confederate States of
FRIDAY, NOVEMBER 8th, 1S61.
45
America tlie taxes assessed or to be assessed against the citi¬
zens of Georgia, under an act of said Confederate States,
usually culled the Confederate war tax."
Also, "a bill to incorporate the Western & Atlantic Rail
Road Company, and to sell and dispose of one-third of the
stock of the Western & Atlantic kail Road."
On motion, one hundred copies of the same were ordered
to be printed for the use of the Senate.
Senate took up the following bill which was read the se¬
cond time and referred to the committee on Agriculture :
"A bill to incorporate the Direct Trade & Banking Com¬
pany of Georgia, and for otlier purposes."
Senate took up the following bill which was read the se¬
cond time and referred to a special committee of threo :
"A bill to incorporate the Planters* Insurance Trust &
Loan Company."
The President appointed Messrs. Seward, Hansell and
Vason as such committee.
The following resolution, previously offered, was taken
up, read and .agreed to
Resolved, That the committee on Finance of the'Senate
and House of Representatives, be instructed to act as a
joint committee, and report appropriate bills so soon as it
may be practible to the House of Representatives (where
alone such bills can originate) upon the following subjects,
to-wit:
1st. Authorizing the Inferior Courts of the several coun¬
ties in this State, to levy such extra tax as may be neces¬
sary to defray the expenses said counties have incurred in
raising and equiping companies for the war, and providing
for the families of said companies.
2d. Providing for the equalization of said burthens
throughout the State, so that each county may bear its pro
rata share of said burthens.
3d. Authorizing and requiring the assumption by the
State, of the existing Confederate war tax.
Mr. Boyd offered a resolution relative to retrenchment
and reform and the appointment of a joint committee to
take into consideration! the propriety of reducing the sala¬
ries of the principal officers of this State, and to assess the
per diem pay of members of the Legislature, which was
read.
The following resolution was taken up, read and agreed
to :
Whereas, a system of speculation monopoly and extor¬
tion, in many articles absolutely necessary to subsistence of
the people, is now being practiced in the State by selfish,
base and unprincipled persons, in violation of the common
dictates of humanity and patriotism.
Be it, therefore, resolved, That the Judiciary Committees
46
JOURNAL OF THE SENATE,
of the Senate and House of Representatives jointly be, and
they are hereby instructed to enquire into the power of the
General Assembly, to suppress such speculations monopoly
and extortion, and report by bill or otherwise as early as
practicable, the "most effectual means of accomplishing such
suppression.
On motion of Mr. Smith, the Senate took up the follow¬
ing resolution, which had been previously offered :
Resolved, as a sense of the Senate, 'that no othei or more
Clerkships shall be recognized or paid, than the following :
A Secretary and assistant Secretary, a Journalizing Clerk,
a reading Clerk, and an engrossing and enrolling Clerk.
Mr. Vason moved to amend the same by adding the fol¬
lowing :
"Except such as may be engaged by any of the commit¬
tees of the Senate, with the consent of this body," which
was agreed to.
Mr. Hansell moved, further, to amend the resolution by
adding the following:
"Unless authorized by the Senate," which was agreed to.
The resolution, as amended, was then agreed to.
On motion, the President and members of the Senate re¬
paired to the Representative Chamber, and being seated,
the Governor elect, the Hon. Joseph E. Brown was intro¬
duced by the joint committee and attended by the State
House officers and other distinguished citizens, when lie ad¬
dressed the General Assembly and took the oath prescribed
by the Constitution of the State and of the Confederate
States.
The Governor, attended by the committee, having with¬
drawn, the President and members of the Senate retired to
their chamber.
Mr. Bell, from the committee, appointed to report per¬
manent rules for the government, reported the rules of the
last Senate with the following amendment thereto, to-wit :
Striking out in the 12th rule the words "two members,"
and inserting in lieu thereof, the words "one fifth of the
members present."
Also, striking out the 13th and 14th rules of the former
Senate, and in the 21st rule, striking out the words "ou.
amendments to the Constitution," also, striking out the 26th
ru]e of the last Senate.
Mr. Vason moved to amend the same, by inserting in the
tenth rule, after the word "question," the words "as°amend-
ed," which was agreed to.
Mr. Mosely moved, further, to amend by adding the fol¬
lowing :
"No member shall read newspapers or other documents
during the reading of bills or resolutions," which was lost.
The report of the committee, as amended, was then
SATURDAY, NOVEMBER 9xn, 1861. 47
agreed to, and one hundred copies of the same, together
with the names of the Standing Committees, were ordered
to be printed for the use of the Senate.
The following message was received from the House of
.Representatives, by their Clerk* Mr. L. Carrington :
Mr. President:—I am directed by the House of Repre¬
sentatives, to inform tiie Seriate that they have elected the
Hon. Peter E. Love, of the county of Thomas, their Speak¬
er "pro tempore."
On motion of Mr. Dyer, the Senate then adjourned until
10 o'clock to-morrow morning.
SATURDAY NOVEMBER 9th, 1861. >
10 o'clock a. m. >
Senate met according to adjournment, and was opened
with prayer by Rev. Mr. Adams.
The President announced the following Standing Com¬
mittees :
On Privileges and Elections—Messrs. Brown, Fletcher,
Anthony, Griffin, Jamison, Swearengen and King.
On Petitions—Messrs. Hill, Lane, McRea, James Hilliard,
Alexander and Stephens.
On Enrollment—Messrs. Dyer, Fort, Gaston, Bothwell,
Smith and Ware.
On Journals—Messrs. Bell, Killen, Winn, Wright, Thom¬
as and Hilliard.
On the state of the Republic—Messrs. Gibson, Bell, Fur-
low, Seward, Brown, Gordon, Vason and Kendall.
On the Judiciary—Messrs. Seward, Vason, Stafford, Lew¬
is, Hansell, Bell, Boyd and Jackson.
On Finance—Messrs. Lewis, Mitchell, Hansell, Moseley,
Stafford, Dyer, Shewmake and Brown.
On Internal Improvements—Messrs. Furlow, Gordon, Beas-
ley, Vason, Shewmake, Stephens and Winn.
On Public Education and Free Schools—Messrs. Echols,
Anthony, Fort, Dyer, Lane, King, Gaston and Boyd. '
On Ba?iJcs—Messrs. Gordon, Hansell, Gibson, Brown, Hill,
Stafford and Mitchell.
On new Counties and County lines—Messrs. Smith, Sim¬
mons, Ware, Wright and Griffin.
On the Penitentiary—Messrs. Alexander, Boyd, Echols,
Lane, James Hilliard, Kendall and Jackson.
On the Lunatic Asylum—Messrs. Kendall, Echols, Fort,
Furlow, Anthony, Harris and Bothwell.
On the Military—Messrs. Killen, Smith, Seward, Swearen¬
gen, Thomas Hilliard, King, Gaston and Vason.
43
JOURNAL OF THE SENATE,
On Printing—Messrs. Moseley, Harris, Simmons, McKae,
Fletcher, Shewmake and Ware.
0)i Deaf and Dumb Jjtylum—Messrs. Beasley, Lewis,
Simmons, Mitchell, Stafford, Bo)rd and Alexander.
On the Institute for the Blifld—Messrs. Winn, Bothwell,
.Seward, Gibson, Killen, Moseley and Wright.
On, Agriculiurt—Messrs. Hams, Furlow, Hill, Beasley,
Dyer Jamison and Lane.
Auditing Committee—Messrs. Stephens, Swearengen and
Griffin.
Engrossing (Committee—Messrs. Jackson, Fletcher, Fort,
McRae, and Thotnas. Hilliard.
Mr. Bell introduced a bill to prevent, during the existing
war, monopoly and speculations in breadstuff and other
articles of general use and consumption, wThich was read
the first time.
Mr. Boyd introduced a bill to consolidate the offices of
Secretary of State, Surveyor General and State Librarian,
and require one person to perform all the duties of said offi¬
ces, which was read the first time. *
Also, a bill to amend the seventh Section of the act enti¬
tled an act to lay out and incorporate the Dawson Turnpike
Road Company, assented to December 6th I860, which was
read the first time.
Also, a bill to incorporate the town creek and Ralston
Branch Hydraulic Hose Mining Company, whicli was read
the first time.
Mr. Brown introduced a bill to amend the charter of the
Georgia Home Insurance Company, assented to on 12th
December, 1859, which was read the first time.
Mr. Dyer offered a resolution requesting our Representa¬
tives in the Confederate Congress to make certain altera¬
tions relative to the Sequestration act, which was read and
referred to the committee on the State of the Republic.
Mr. Furlow introduced a .bill to direct and empower the
Inferior Court of Sumter county, or a majority thereof,
to levy, collect and disburse an extraordinary tax for the
support of the indigent families of such soldiers from Sum¬
ter county, who are now or1 may hereafter be absent in the
State or Confederate military service, and for other purpo¬
ses connected therewith, which was read the first time.
Mr. Gibson introduced a bill to exempt practicing physi¬
cians in Jefferson county from road and jury duty, whicli
was read the first time.
Also, a bill to authorize the City Council of Augusta to
issue one hundred thousand Treasury Notes, and for other
purposes, which was read the first time.
Mr. Hansell introduced a bill amendatory of the act re¬
quiring the Judges of the Superior Courts to give their
charges to Juries in writing, which was read the first time.
SATURDAY, NOVEMBER 9th, 1861. 49
Also, a bill to amend the act of 11th December, 18*58,
compelling the Judges of the Superior Courts to hold ad¬
journed Courts, which was read the first time.
Also, a bill amendatory of the act, assented to December
17th, 1860, providing for the trial of causes in the Superior
Court when the Judge presiding is incompetent, and for
other purposes, which was read the first time.
Also, a bill to incorporate the Georgia Mutual Insurance
Company, which was read the first time.
Mr. Hill introduced a bill to legalize and make valid the
action of the Inferior Court of Columbia county, in levying
an extra tax for the equipment of the volunteers of said
county, and for other purposes, which was read the first
time.
Also, a bill to legalize and make valid the action of the
Inferior Court of Lincoln county, in levying an extra tax
for the equipment of the volunteers of said county and the
relief of their families, which was read the first time.
Mr. James Hilliard introduced' a bill to direct and em¬
power the Inferior Courts of Stewart and Webster coun¬
ties to levy, collect and disburse an extraordinary tax for
the support of indigent families of such soldiers as have
gone, or may hereafter go into the service of the Confeder¬
ate States or the State of Georgia, and for other purposes,
which was read the first time.*
Mr. Jackson introduced a bill to repeal the third Section
of an act, approved February 20th, 1854, entitled an act to
change and simplify the practice and pleadings in this State,
and to provide for the service of writs scirefacias in certain
cases, and to regulate the admission of testimony in certain
cases, which was read the first time.
Mr. Kendall introduced a bill to change the line between
the counties of Chattahoochee and Talbot, which was read
the first time.
Mr. King introduced a bill to amend an act in relation to
the road la ws of Camden county, which was read the fi rst time.'
Mr. Lewis introduced a bill to authorize Elmira Mathews,
a free person of color, to sell herself into perpetual slave¬
ry, which was read the first time.
Mr. Mitchell introduced a bill to protect the estates of
married women, and for other purposes, which was read the
first time.
Also, a bill to amend the laws incorporating the city of
Rome in Floyd county, and enlarge the powers of the City
Council of Rome in relation to granting license to retail
spirituous liquors, which was read the first time.
Mr. Moseley introduced a bill to reduce the salaries and
fees of all officers, civil and judicial, in this State, which
was read the first time.
Also a bill to allow the Tax Collectors of this State furth-
4
50
JOURNAL OF THE SENATE,
er time to settle with the Treasurer, which was read the
first time.
Mr. Seward introduced a bill to incorporate the Cotton
Planters' Bank of Georgia, which was read the first time.
On motion, fifty copies of the same was ordered to be
printed for the use of the Senate.
Mr. Shewmake introduced a bill to legalize the proceed¬
ings of the Inferior Court of Burke county relative to levy¬
ing taxes for the benefit of volunteers and their families,
and for other purposes, which was read the first time.
Mr. Smith introduced a bill amendatory of an act in rela¬
tion to the Public Printer, whieh was read the first time.
James R. Lawhon and S. W. Bloodworth were sworn
by the President as Enrolling and Engrossing Clerks.
The following message was reeeived from the House of
Representatives by their Clerk, Mr. Carrington :
Mr. President:—I am instructed by the House of Repre¬
sentatives to inform the Senate that they have adopted a
resolution instructing the Judiciary Committee of the
House, to unite with a similar committee on the part of the
Senate, to inquire into the power of the General Assembly,
to suppress speculations, monopoly and extortions, and to
jeport, by bill or otherwise.
Senate took up as the report of the committee of the
whole,
A bill to consolidate the offices of Receiver of tax returns
and Collector of taxes in this State, and to require the du¬
ties thereof, to be discharged by an officer to be styled Tax
Receiver and Collector.
Mr. Griffin moved to amend the report by exempting the
counties of Lowndes and Berrien, which was lost.
Mr. Thomas Hilliard moved, further, to amend the report
by exempting the county of Clinch, which was lost.
Mr. Fletcher moved, further, to amend the report by
exempting the county of TatnaTl, which was lost.
Mr. Furlow moved, further, to amend the report by of¬
fering the following as a substitute, iu lieu of the original
bill, to-wit:
A bill to consolidate the offices of Tax Receiver and Col¬
lector, which was lost.
Mr. Vason moved, further, to amend the report by adding
the following proviso:
Provided no Collector shall receive more than fifteen
hundred dollars, which amendment was accepted.
Mr. Jackson moved, further, to amend the report by add¬
ing the following :
And not less than three hundred dollars in all counties
having eight hundred voters, which was lost.
Mr. Jackson moved, further, to amend the report by add¬
ing the following proviso :
MONDAY, NOVEMBER 11th, 1S61. 51
Provided no Collector shall receive less tlian three hun¬
dred dollars, which was lost.
The report was agreed to, the bill was read the third time
and passed.
Senate took up as the report of the committee of the
whole,
A bill to alter and amend au act entitled an act to change
and alter the county lines between the counties of Dooly
and Macon, assented to December 17th, 1860, and for other
purposes.
The report was agreed to, the bill was read the third time
and passed.
Senate took up as the report of the committee of the
wrhole,
A. bill to legalize the proceedings of the Inferior Court of
Wilkes county relative to levying taxes for the benefit of
volunteers and their families, and for other purposes.
On motion, the same was referred to the joint commit¬
tee on Finance.
Leave of absence was grafted Mr. Gibson for a few days,
on special business.
On motion of Mr. Gribson, the rules were suspended, and
the Senate took up as the report of the committee of the
whole,
A bill to alter the times for holding the Superior Courts
in the middle District, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
Mr. Echols offered the following resolution, which was
taken up, read and agreed to:
Resolrcd, That a committee of three be appointed, on the
part of the Senate, to meet a similar committee on the part
of the House, to make arrangements for observing the 15th
day of November as a fast day agreeable to the proclama¬
tion of the President of the Confederate States.
In pursuance of which, the President appointed Messrs.
Echols, Moseley, and Boyd.
On motion, the Senate then adjourned until 10 o'clock
Monday morning.
MONDAY, NOVEMBER 11th, 1861, )
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed by prayer by Rev. Dr. Talmage.
The following message was received from the House of
Representatives by Mr. Carrington their Clerk, viz.:
52 JOURNAL OF THE SENATE,
Mr. President: I am directed by the House of Represen¬
tatives to inform the Senate that they have concurred in
the Senate resolution requiring the Judiciary Committee to
inquire into the power of the General Assem bly to suppress
speculations, monopoly and extortion, and to report a bill,
&c.
Also, have concurred in the Senate resolution that the
Committees on Finance of the Senate and House of Repre¬
sentatives be instructed to act as a joint committee and re¬
port appropriate bills to the House of Representatives upon
the subjects of authorizing the Inferior Courts of the sever¬
al Counties in this State to levy and equalize an extra tax
to uefray the expenses of said counties incurred in raising-
and equipping companies for the war, and providing for the
families of said companies and authorizing and requiring the
assumption by the State of the existing Confederate war tax.
Also, a resolution in relation to reducing the salaries of
all the principal public officers of this State, and have ap¬
pointed for this purpose as a committee from the House of
Representatives Messrs. Smithy of Brooks, Lester, DuBose*
Cochran, of Glynn, and Hester.
The following message was received from the House of
Representatives by Mr. Carrington their Clerk :
Mr. President: I am directed by the House of Representa¬
tives to inform the Senate that they have adopted a resolu¬
tion in relation to a change of the Great Seal of the State,
and have appointed as such committee on part of the House
Messrs. Lester, of Cobb, and Bigham, of Troup.
Mr. J. H* Patrick, Senator elect from the 31st District,
appeared and was sworn in by the President, and took his.
seat.
Mr. Jackson moved*to reconsider a bill to consolidate the
offices of Receiver of Tax Returns and Collector of taxes in
this State and to require the duties thereof to be discharged
by one officer to be styled Tax Receiver and Collector. The
motion to reconsider was lost.
On motion of Mr. Seward the rule was suspended, and he-
offered the following resolution:
Resolved, By the Senate that from and after Thursday
next no new matter shall be introduced, except such as shall
relate to the public credit and providing the fneans for the
military defence of the countrywhich was read.
Mr. Mitchell moved to suspend the rules for the purpose
of introducing the following resolution. The rule was sus¬
pended and the resolution as follows introduced :
Resolved, By the Senate, the House of Representatives
concurring, that the General Assembly will meet in the
Hall of the House of Representatives on to-morrow, Tues¬
day, the 12th inst., at 12 o'clock meridian, for the purpose
MONDAY, NOVEMBER 11th, 1861. 5-3
of electing two Senators to represent the State of Georgia in
the Congress of the Confederate States of America.
A motion to take up the resolution was last.
The rule being suspended Mr. Harris introduced a bill to
authorize the Governor of this State to 'raise and equip
thousand of cavalry, and thousand, of infantry for the
military service of this State, which was read the first time.
The rule being suspended for that purpose the resolution
from the House for the appointment of a special committee
on reduction was taken up.
Mr. Lewis offered the following amendment " and to re¬
quest our members in Congress to use their influence to
liave the salaries of officers of the Confederate government
both civil and military reduced," which was agreed to.
The resolution as amended was then concurred in by the
Senate.
The Senate took up as the report of the committe of the
whole, a bill to be entitled An Act for the relief of Gabriel
Toombs. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the committee of the
whole, a bill to be entitled An Act to amend the Divorce
laws of this State, which was, after discussion, on motion of
Mr. Beall referred to the Juciciary Committee.
The Senate took up as the report of the committee of the
whole, a bill to be entitled An Act to re-enact and keep in
force until the first day of December, 1S62, the following
Acts to-wit: An Act to grant relief to the Banks and peo¬
ple of this State, and to repeal certain clauses of the Act en¬
titled " An Act to provide against the forfeiture of the sev¬
eral Bank charters in this State, on account of the non-spe¬
cie payment for a given time and for other purposes, passed
in the year 1S57, and to suspend the pains and penalties im¬
posed upon the several Banks and their officers, in this
State, for the non-payment of specie, and for other purpo¬
ses, also, An Act to add a provision to the 4th Section of An
Act entitled An Act for the relief of the people and Banks
of this State, and for other purposes, passed on the 30th of
November, 1S60, and to add an additional Section to the
said Act. The former of which Acts was passed in the
House and Senate over the Governor's veto by a Constitu¬
tional majority, November 30th, 1S60, and the latter was
assented to December the 20th, I860.
Mr. Furlow offered the following amendment :
Provided, That no person shall be permitted to claim and
receive the benefits of this Act until he shall have paid all
costs of Courts together with the usual jury fees, unless the
defendant is in the military service of the country.
Mr. Vason offered the following amendment:
54 JOURNAL OF THE SENATE,
A
Provided, No chartered Bank shall enjoy the privilege o
this Act that shall refuse to receive tLe Treasury note
the Confederate States at par.
Mr. Ware offered tjie following amendment.
No suit shall be commenced against any debtor, an< ^
110 cost be collected out of defendants, and that the btatute
of limitations cease. ,
On motion of Mr. Moseley the bill with the several amend¬
ments were referred to the Judiciary Committee.
The Senate took up as the report ofthe committee of the
whole, a bill to be entitled An Act to prevent trading with
the enemy in time of war. On motion of Mr. Staffoid the
bill was referred to the Committee on the Judiciary.
The following message was received from His Excellency
the Governor by Mr. "VVatejrs his Secretary, to-wit:
Mr. President: I am directed by His Excellency the Gov¬
ernor, to deliver to the Senate a communication in writing.
On motion the communication was read as follows :
Executive Department, )
JVlilledgeville, Nov. 11th, lbCl. )
To the Senate:—I have appointed George P. Harrison, a
Brigadier General, under the Act of the Legislature assent¬
ed to ISth December, 1SG0, to command the first Brigade
of Georgia Volunteers for the defense of the State; and I
have appointed Francis "VV. Capers a Brigadier GenerJ to
command the second Brigade. I respectfully ask the advice
and consent of the Senate in confirmation of these appoint¬
ments. JOSEPH E. BROWN.
The Senate took up as the report ofthe committee ofthe
whole a bill to be entitled An Act to authorize the Inferior
Court of Marion county to levy u tax for the support of the
soldiers in the Confederate States and their families, which
on motion was referred to the joint Committee on Finance.
The Senate took up as the report ofthe committee ofthe
whole a bill to be entitled An Act to make valid the doings
and actings of Augustus B. Iiaiford and Sterling Glover as
Deputy Sheriffs ot the county of Sumpter. The report was
agreed to, the bill was read the third time and passed.
On motion the following bills were passed over on account
of the absence of Mr. Gibson:
A bill to empower and authorize the City Council of Au¬
gusta to fix the salary of City judge.
A bill to amend An Act to authorize the settlement of
criminal prosecutions in certain cases.
A bill to make valid the proceedings of the Inferior Court-
and for other purposes.
The following bill was taken up and read the second time
to-wit: *
MONDAY, NOVEMBER 11th, 1SG1.
A bill to be entitled An Act to prevent during the exist¬
ence of tlie war, monopolies and speculations in breadstuff®
and other articles of general use and consumption. Fifty
copies ordered to be printed, and on motion of Mr. Bell re¬
ferred to the Judiciary Committee.
Mr. Dyer from the committee on Enrollment, reported as
duly enrolled and ready for signature a resolution against
unjust speculation monopoly and extortion.
The following bills were taken up, read the second time
and severally referred to the committee of the whole :
A bill to be entitled An Act to incorporate the Town
Creek & Ralston Branch Hydraulic Hose Mining Company.
Also, a bill to exempt practising physicians in Jefferson
county from ^oad and jury duty.
Also, a bill to authorize the City of Augusta to issue one
hundred thousand dollars in Treasury notes.
Also, a bill to amend the Act of the 11th December, 1858,
compelling the Judges of the Superior Courts to hold ad¬
journed terms in every county within their Circuits where
the business requires until the Docket is cleared* and for
other purposes.
Also, a bill to amend the charter of the " Georgia Home
Insurance Company/' granted on the 12th December, 1859*
Also, a bill ameudatory of the Act requiring the Judges
of the Superior Courts to give their charges to juries in wri¬
ting, &c., &c.
The following bills were taken up, read the second time
and referred to the Committer on the Judiciary:
A bill amendatory of the Act assented to 1.7th December,
1S60, providing for the trial of causes in the Superior Court
where the Judge presiding is incompetent, and to provide
against the failure of a Court by reason of the hori-attend-
ance of a Judge.
Also, a bill to be entitled An Act to consolidate the offi¬
ces of Secretary of State, Surveyor General and State Li¬
brarian, and require one person to perform all the duties of
said offices.
The following bill was taken up, read the second time and
ordered to be engrossed :
A bill to be entitled An Act to amend the seventh sec¬
tion of the Act entitled An Act to lay out and incorporate
the Dawson Turnpike Companv, assented to December 6thf
1860.
The following bill was taken up, read the second time ai-d
referred to the joint Finance Committe, to-wit:
A bill to be entitled An Act to direct and empower the
Inferior Court of Sumpter county, or a majority thereof, to
levy, collect and disburse an extraordinary tax for the sup¬
port of the indigent families of such soldiers from Sumpter
56
JOURNAL OF THE SENATE,
county who are now or may hereafter be absent in the S
or Confederate military service, and for other purposes c
nected therewith. . . j
The Senate then went into secret Executive session, a
after remaining therein for sometime, again resume i
regular business.
On motion of Mr. Brown the rule was suspended and lie
offered the following resolution:
Resolved, That the Secretary be authorized to employ
two additional assistants in each of the Engrossing and En¬
rolling departments as he may Seem the same necessaiy.
Which was read.
On motion of Mr. Hansell the Senate then adjourned un¬
til 9 o'clock, to-morrow morning.
TUESDAY, NOVEMBER 12th, 1SG3, ?
9 o'clock A. M. )
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Brooks.
Mr. Furlow moved to reconsider so much of the Jour¬
nals of yesterday as relates to the reference of the follow¬
ing bill to the joint committee, to-wit:
A bill to be entitle-d an act to direct and empower the
Inferior Court of Sumter county, or a majority thereof, to
levy, collect and disburse an extraordinary tax for the in¬
digent families of such soldiers from Sumter county who
are now, or may hereafter, be absent in the State or Con¬
federate military service, and for other purposes connected
therewi h.
The motion to reconsider prevailed.
Mr. Furlow then moved that the bill be engrossed,
which motion was passed.
Mr. Lewis moved to suspend the rule in order to take up
certain bills passed over on account of the absence of Mr.
Gibson.
The rule was suspended.
On motion of Mr. Dyer, leave of absence was granted
to Mr. Mitchell, the Senator from Floyd.
On motion of Mr. Brown leave of absence was also "-rant¬
ed to Mr. Hilliard of Stewart. &
The following bill was then taken up as the report of
the Committee of the Whole, to-wit:
A bill to be entitled an act to authorize the Citv Coun¬
cil of Augusta to fix the salary of the Judge of the Citv
Court of said City.
TUESDAY, NOVEMBER 12th, 1561.
57
The report of the committee was agreed to. The bill
was read the third time and passed.
The Senate also took up as the report of the Committee
of the Whole,
A bill to be entitled an act to make valid the proceed¬
ings of the Justices of the Inferior Court of Richmond coun¬
ty in providing for the indigent families of absent soldiers,
and to authorize said Justices to raise money for that pur¬
pose.
Mr. Lewis offered the following amendments, to-wit:
In second section strike out "on the digest of 1862."
At the end of second section add "during the war."
The amendments wer6 adopted, and the bill as amended
was read the third time and passed.
Mr. Anthony introduced the following bill:
A bill to be entitled an act to relieve Wm. B. Taylor, of
the State of Florida-, nominated Executor of Henry L. Tay¬
lor, deceased, from legal disability, on account of his non-
residence, and for other purposes.
Which was read the first time.
Mr. Anthony also introduced the following resolution :
Whereas, our people, in many portions of Georgia suf¬
fer not oiTly great inconvenience, but in many cases are
compelled to sumbit to large sacrifices by reason of the ex¬
ceeding scarcity of specie change,
Resolved, Therefore, that the Finance Committee of the
Senate, with the same Committee of the House of Repre¬
sentatives, be instructed to investigate the matter, with a
view of relieving the necessities of the people, and that
they report by bill or otherwise, upon the expediency of
allowing the issue of change bills.
Which was read.
Also, the resolution following, to-wit:
Resolved, That the Committee on Finance be instructed
to enquire into the number of officers, deputies, clerks, and
employees, receiving compensation from the public in the
cities of Savannah, Augusta, Atlanta, Macon, Columbus,
Dalton, Rome, Athens, Alilledgeville, Americus, Albany,
Cuthbert, Brunswick, Thomasville, and such other cities
and corporate towns as they may see proper, with a view
to ascertaining how many officers, &c., should be dispensed
with; how many should be consolidated, and how much
the pay of such corporate officers should be reduced.
2d. This resolution shall extend to and embrace all offi¬
cers and others distinct from the military in the pay of the
State.
3d. The committee shall have power to compel the ap¬
pearance of witnesses and the production of books and pa¬
pers.
5S . JOURNAL OF THE SENATE,
4th. That the Committee on Military Affairs
the expediency of reducing the pay of military 0 - ,
the pay of the State, and increasing the pay of the pi
soldiers.
Which was read.
Mr. Boyd introduced the following bill, to-wit:
A bill to be entitled an act to incorporate Turner Moan-
tain Copper Mining Company, which was read.
Mr. Dyer introduced the following bill.
An act to prevent the peddling of spirituous liquors m
the county of Jasper; which was read the first time.
Mr. Seward, from the Judiciary Committee, made the
following report:
Mr. President: The Judiciary Committee to wliom was
referred sundry bills, have, according to order, had the
same under consideration, and Lave directed me to report
the same as follows :
"A bill to re-enact tbe stay laws," I am directed to re¬
port back, with the recommendation that two substitutes
be adopted, separating the two distinct subjects matter of
legislation, So as to include in the ojjje substitute the sub¬
ject concerning the banks, and in the other, the subject re¬
lating to the relief of the people by the stay of judgments
and executions, with a recommendation that the two sub¬
stitutes in the nature of amendments do pass.
I am also directed to report the following back, without
amendments, to-wit :
"A bill to be entitled an act to prevent trading with the
enemy in time of war," with the recommendation that the
same do pass.
I am directed also to report back,
A bill to be entitled an act to amend the divorce laws of
the State, with an amendment: Insert in the 7th line, 1st
section, after the word "plaintiff,11 the words "at the time
of the separation," with a recommendation that the said
bill as amended do pass.
I am also directed to report back,
A bill to be eutitled an act to provide for the appoint¬
ment of new Trustees in certain cases, with an amendment
to the first section of said bill, at the close of, and as a part
of, said section, thus ? Said Court being hereby authorized
in his discretion to require bond and security of such As¬
signee or Trustee—with a recommendation that, with said
amendment, said bill do pass.
Mr. Jackson, from the Committee on the Judiciary made
the following report: '
Mr. President; I am instructed by the Judiciary Com-
TUESDAY, NOVEMBER 12th, 1S61. 59
mittee, to wliom was referred the following bill, to report
the same back to the Senate, and recommend its passage,
A bill to be entitled an act to authorize the Receiver or
Receivers appointed under the Sequestration act of the
Confederate States to bring suits on claims of alien ene¬
mies sequestrated in any of the Courts of this State, and
maintain suits now pending in any of the Courts of this
State, and for other purposes.
Mr. Fletcher introduced the following bills :
An act to confer certain powers and impose certain du¬
ties upon the Inferior Court of Tatnall county, and to pro¬
vide for the collection .by taxation of money to aid and as¬
sist the Volunteer company or companies now raised or
being raised in said county, and to afford such aid to the
families of the soldiers absent as be compatible with there-
sources of the citizens of said county ; which was read the
first time.
Also, an act to make valid and legal the acts of the Dep¬
uty Ordinary or Clerk of the Ordinary, of Tatnall county,
in the absence of the Ordinary; which was read the first
time.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President: I am directed by the House of. Rep rep
sentatives to inform the Senate that they have appointed
Messrs. Hester, Hook, and Smith, of Brooks, a .committee
to act in concert with a similar committee on the part of
the Senate to make preparations for observing Friday next,
the 15th day of November, as a day of fasting and prayer,
in accordance with the proclamation of his Excellency the
President of the Confederate States of America.
Mr. Furlow introduced the following bills:
A bill to be entitled an actto allow Clerks electof our coun¬
ty Courts longer time in which to qualify in certain cases,
and for other purposes ; which was read the first time.
Also, a bill to be entitled an act to alter and amend an
act to incorporate the city of Americus, and to alter and
amend an act to incorporate the town of Americus, in the
county of Sumter, and for other purposes ; which was read
the first time.
Mr. Griffin introduced a bill to be entitled an act for the
relief of Solomon Newson, of Lowndes county, and for other
purposes ; which was read the first time.
The rule being suspended, Mr. Harris offered the follow¬
ing resolution :
Resolved, That the message of his Excellency the Gover¬
nor, and the accompanying documents, be and the same is
hereby referred to the appropriate Standing Comrpittees.
60
JOURNAL OF THE SENATE,
The resolution was taken up and agreed to. legal-
Mr. King introduced a bill to be entitled an act to b ^
Sze and make valid the sale by herself of a cert
woman of color therein named into a state or slavery >
" M^La^ducTd a bi.l to be^entitleda.legal¬
ize and make valid c^"ie^f%Vaik^CatooSa, and Dade,
inTquSling aL furnishing the Volunteer companies from
u equippi . ,, service of the Confederate States
«aid counties entering rne beivii/o wa
and of this State, and to confer upon said Courts ceitam
powers for like objects in future, and for other purposes ;
which was read the first time.
Mr. Lane also introduced the following resolution, which
was read, and referred to the Finance Committee:
Resolved, That it is the opinion of the Senate that a tax
ought to be levied upon every gallon of spirituous liquors
made or distilled from corn, wheat, rye, potatoes, or other
article or articles of bread stuffs, or that is used as common
articles of diet among our people, as shall be sufficient to
prohibit the same during the war and blockade, the pro¬
ceeds thereof to be applied to the support of the families
of our Volunteers now in the service of the Confederate
States and of this State, or who may hereafter enter said
service.
Mr. Lewis introduced a bill to be entitled an act amend¬
atory of an act relative to continuances in certain cases
therein named, approved the 9th February, ISo-i; which
was read the first time.
Mr. Moseley introduced the following bills, which were
read the first time, to-wit:
A bill to be~entitled an act to authorize Charles H. John¬
son, Administrator on the estate of George Dugan, late of
Spalding county, to sell the lands of said estate on the first
day of December next.
Also, a bill to be entitled an act to authorize the Judges
of the Superior Courts in this State, on application of any
woman for alimony, who may be sued by husband for di¬
vorce, to hear testimony and determine whether she is in
justice entitled to it or not.
Also, a bill to be entitled an act to legalize the proceed¬
ings of G. J.Green, Deputy Ordinary in 3palding county.
Mr. Swearingen introduced the following bills which
were read the first time, to-wit: '
A bill to be entitled an act to alter and make uniform
the present statutes of this State m regard to the payment
of Grand and Petit Jurors, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled
TUESDAY, NOVEMBER 12th, 1861. Gl
an act to authorize and require the Justices of the Inferior
Court of Decatur county to order the payment of the Su¬
perintendents, Clerks, and those who consolidate returns of
elections of said county, for their services.
Also, a bill to be entitled an act to abolish imprisonment
for debt in certain 'cases.
Mr. Hansell introduced a bill to be entitled an act to add
an additional section to the Penal Code of Georgia.
The rule being suspended, Mr. Seward moved to take up
the report of the Jud ciary Committee; which was agreed
to.
The following substitute to-wit:
A bill to be entitled an act to continue in force the 4th
section of an act passed over the Governor's veto on the
30th day of November, 1860, entitled an act to provide
against the forfeiture of the several bank charters of this
State, on account of non-specie payment for a given time,
and for other purposes, passed in the year 1857; and to
suspend the pains and penalties imposed upon the several
banks and their officers in this State for non-payment of
specie, and other purposes; and, also,
An act to add a proviso to the 4th section of an act en¬
titled an act for the relief of the people and banks of this
State, and for other purposes, passed on the 30tli Novem¬
ber, 1860; and to add an additional section to said act, as¬
sented to the 20th December, 1860 ; which was offered in
lieu of the original biil, which was read a third time, as a
substitute, and passed.
The following substitute, reported by the same commit¬
tee, was then taken up and recommended to the same com¬
mittee :
A bill to be entitled an act to re-enact and continue in
force the first, second and third sections of an act to grant
relief to the banks and people of this State, and to repeal
certain clauses of the act entitled an act to provide against
the forfeiture of the several bank charters in this State on
account of the non-specie payment for a given time, and for
other purposes, passed in the year .18-57; and to suspend
the pains and penalties imposed upon the several banks and
their officers in this State for the non-payment of specie,
and for the other purposes, passed over the Governor's ve¬
to November the 30th, 1860.
Also, a bill to be entitled an act to authorize the Receiv¬
er or Receivers appointed under the Sequestration act of the
Confederate States to bring saits on all claims of alien ene¬
mies sequestrated in any of the Courts of this State, and to
maintain all suits which are now pending in any of the
Courts, and for other purposes.
02 JOURNAL OF THE SENATE,
Mr. Vason offered the following amendment, to co
at the end of the last line of the first section:
The Court in which o^ccordingto
have discretionary power as to taxiu0 v
the equities of each case,- which was agree
mi -j„,7 -wTrraa noTeed to. The bill was
The report as amended was e
read the third time and passed, _
A bill to prevent trading with the enemy-in time of war,
either in this State or at a port in any other S ate was
taken up, the report was agreed to, taken up the third
^"aIso" the WU to be entitled an act to amend the divorce
laws of this State, with the amendment reported by the
committee.
The report was agreed to: the bill read the third time
and passed.
Also, a bill to be entitled an act to provide for the ap¬
pointment of new Trustees in certain cases, with an amend¬
ment.
The report was agreed to; the bill read the third time
and passed.
On motion of Mr. Hansell, a bill to be entitled an
act to incorporate an Insurance Company in the city of
Savannah, to be called the Southern Insurance and Trust
Company, was taken up.
Mr. Hansell offered the following amendment:
To strike out the words "not paid up,1' in the fifth line
of the seventh section, and to strike out the words k the city
of Savannah," and insert in lieu thereof "any city of Geor¬
gia, in the discretion of said Company."
Also, an additional section, as follows :
No rules, by-laws, or regulations of said Company shall
conflict with the laws or constitutions of the Confederate
States of America, or of the State of Georgia; which bill,
with the amendments, on motion of Mr. Hansell, was re¬
ferred to the Committee on Banks.
Mr. Seward, from the special committee, to whom was
referred the bill to incorporate the Planters' Insurance and
Trust Company, report the same with the following
amendments: °
1st. To come in at the end of the first section, "Provided
said Company shall not hold in this State, at any time,
more real estate than may be necessary for the convenient
transaction of business, unless it be purchased bona fide in
payment of debts.
2il. Insert in the 3d section the names ofWm. Mou«-hon
Nathan McGehee, J. I. Whitaker, and Augustus Seaborn
Jones, as commissioners.
TUESDAY, NOVEMBER 12th, 18G1. 63
3d. Insert in the same section, after the words "Direc¬
tors of the said Company," the words "three-fourths of
whom shall be citizens of the Confederate St ites."
In the same section, instead of "any person holding bills
for an amount of five hundred dollars," insert "and if the said
Company shall, upon demand, fail to redeem the sa d bills
with gold or silver coin, any person holding bills for an
amount equal to one hundred dollars."
Also, to come in at the end of the fifth section, the fol¬
lowing proviso :
Provided, nevertheless, it shall be the duty of the Trus¬
tees hereinafter provided for, on or beforetthe first Monday
in November in year, during the existing war, and
for five years after the termination thereof, to make up
from the books of the Company a statement shewing the
annual average sum of the bills of the said Company put
into circulation in this State by them, and make return
thereof to the Comptroller General of this State; and the
said Company shall, on or before the first day of January
thereafter in each year as aforesaid, pay into the Treasury
of this State the sum of fifty cents on every hunrded dol¬
lars of the sum of the annual circulation thus reported, and
in default thereof payment may be enforeed by a warrant
from the Treasurer, directed to the proper officer of the
county in which the principal office is located, which war¬
rant shall be sufficient to authorize the said officer to pro¬
ceed as in case of other sales.
And provided, further, that the payment thus to be paid
shall be in full of all taxes to be levied on or paid by the
said Company.
In the seventh section change the form of the bill as fol¬
lows :
This bill will be received by the Planters' Insurance
Trust & Loan Company lor dollars, in pay¬
ment of any debt due them, and upon demand of the hold¬
er, in case the said Company shall fail to redeem the same,
in gold or silver coin, when presented in sums of one hun¬
dred d.ollars, will be received for a like sum in exchange at
par, for coupon bonds of (here describe bonds) where the
Trustees, with whom bonds have been deposited for that
purpose ; and the committee recommend the passage of the
bill as amended.
On motion the report was taken up and fifty copies or¬
dered to be printed, and made the special order for Monday
next.
On motion of Mr. Boyd the bill to be entitled an act to
amend the seventh section of an act to lay out and incor¬
porate the Dawson Turnpike & Road Company, assent¬
ed to December the Gth, 1S60, was withdrawn.
64
JOURNAL OF THE SENATE,
The Senate took up as the report of the comm
^°^e» . j- ihe Tow
A bill to be entitled an act to incorporate t
The report a% amended was agreed; the bill read the
third time an^ passed.
The rale being suspended on motion of Mr. Seward, he
introduced the following resolution, which was taken up
and agreed to :
Resolved, That the Secretary of the Senate inform the
Governor that the Senate has agreed and consented and
confirmed the nomination of Geo, P. Harrison, as Brigadier
General of the first Brigade; and Francis W. Capers, as
Brigadier General of the second Brigade; and that the Sec¬
retary read the Journal in Executive session ; and after
this session shall terminate, the same shall be deposited in
the office of the Secretary of State. In the meantime the
Secretary shall keep said Journal under secrecy until re¬
moved by order of the Senate.
The bill to be entitled an act to amend an act to author¬
ize the settlement of criminal prosecutions in certain cases,
was taken up, and on motion of Mr. Brown referred to the
Judiciary Committee.
The Senate took up as the report of the committee of
the whole,
A bill to be entitled an act to amend the charter of the
Georgia Home Insurance Company.
Repoft was agreed to j bill was read the third time and
passed.
The Senate took up the bill entitled an act to exempt
practicing physicians from road and Jury duty in the coun¬
ty of Jefferson.
On motion of Mr. Griffin the bill was amended so as to
embrace the county of Lowndes.
On motion of Mr. .Seward tlie bill and amendment were
laid upon the table for the present.
The bill to authorize the city of Augusta to issue one
hun Jred thousand dollars in Treasury notes, and for other
purposes, was taken up and laid upon the table for the
present.
The bill entitled an act amendaroty of an act requiring
TUESDAY, NOVEMBER 12th, 1S61.
6r5-
the Judges of the Superior Courts to give their charges to
Jurors in writing, &c-, was taken up and referred to the-
Judiciary Committee.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk:
Mr President: I am directed by the House of Represen¬
tatives to inform the Senate that they have passed a bill en¬
titled an act to legalize the adjournment of certain Superior
Courts of the Northern Circuit.
The Senate took up as the report of the committee of
the whole,
The bill to be entitled an act to amenc^the act of the 11th
of December, 1858, compelling the Judges of theSuperior
Courts to hold adjourned terms, and for other purposes.
The report of the committee was agreed to; the bill was
read the third time and passed.
The following bill entitled an act to incorporate the
Georgia Mutual Insurance Company, was read the second'
time.
The following bill was taken up and referred to the com¬
mittee on Finance, to-wit:
A bill to be entitled an act to legalize and make valid the*
action of the Inferior Court, of Columbia county in levying
an extra tax for the equipment of the Volunteers of said
county, and for the support and relief of the families of said
Volunteers, and in issuing bonds, and to authorize said
Court to issue additional bonds.
The following bill was taken up and referred to the Fi¬
nance Committee :
A bill to be entitled an act to legalize and make valid
the action of the Inferior Court of Lincoln county in levy¬
ing an extra tax for the equipment of the Volunteers of said
county, and for the support and relief of the families of the
said Volunteers.
A bill to be entitled an act to direct and empower the
Inferior Courts of Stewart and Webster counties to levy,
collect and disburse an extraordinary tax for the support of
the indigent families of such soldiers as have gone or may
yet hereafter go into the service of the Confederate States .
and the State of Georgia, and for other purposes, was taken „
up, read the second time, and ordered to be engrossed.
A bill to be entitled an act to repeal the third section of*"
an act approved February 20th, 18-54, entitled an act to*
change and simplify the practice and pleadings of this State,,
and to provide for the service of writs of scire facias in cer¬
tain cases, and to regulate the admission of testimony in
certain cases, was read the second time and referred to the
Judiciary Committee*
5
66 JOURNAL OF THE SENATE,
r e betwee:
A bill to be entitled an act to change the in -rjC]U(j
the counties of Chattahoochee and Talbot, so a»j<albot.
the residence of James M. Lowe w the conn y n-tee 01
Read the second time and referred to the comffi
new counties and county lines. ^
The following bills were read the second time, o- .
A bill to amend an act in relation to the road laws of
Camden county. , . t,, . ,, .
or, art tn authonze Elnnra JVlat-
Also, a bill to be entitled a hprself into perpetual
thews, a free person of color, to sell herselt into perpetual
8laIlso,' a bill to he entitled an act incorporating the city
of Rome, in Floyd county, and to enlarge the powers of
the city council of Rome in relation to granting license to
retail spirituous liquors.
Also, a bill to be entitled an act to reduce the salaries and
fees of all officers civil and judicial in this State.
Also, a bill to be entitled an act "to allow Tax Collectors
of this State further time to settle with the Treasurer.
Also, a bill to incorporate the Cotton Planter's Bank.
A bill to be entitled an act to protect the estates of mar¬
ried women, and to provide the manner of securing the
same, and to provide for the distribution thereof, and for
other purposes therein mentioned, was read tlie second
time, and referred to the Judiciary Committee.
On motion of Mr. Furlow the Senate adjourned until to¬
morrow morning at ten o'clock.
WEDNESDAY, NOVEMBER 13TH, 1S61, \
10 O'CLCHK, A. M. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. S. J. Pinkerton.
The Senate took up the following bill to-wit:
A bill to direct and empower the Inferior Court ofSump-
ter county, or a majority thereof, to levy, collect and disburse
an extraordinary tax for the support of the indigent families
of such soldiers from Sumpter county who are now or who
may heieattei be absent in the State or Confederate milita¬
ry service, and for other purposes connected therewith.
^ The report was agreed to, the bill was read the third
lime anu passed.
The following bill was taken up as the report of the com¬
mittee oi the whole, to-wit:
To incorporate the Georgia Mutual Insurance Company
which on motion was referred to the committee on Banks
WEDNESDAY, NOVEMBER 13th, 1S61. 67
The Senate then took up as the report of the committee of
the whole a bill to be entitled An Act to amend An Act as¬
sented to the nineteeenth day of December, 1860, in rela¬
tion to the road laws of Camden county.
On motion of Mr. Stafford the title was amended by ad¬
ding the following to the same, to-wit:
"Also to repeal An Act entitled An Act to authorize the
Inferior Court of Early county to levy1 a road tax approved
December the 13th, 1859."
And further to amend said bill by adding the following
section: »
Section 2. And be it further enacted, That An Act entitled
An Act to authorize the Inferior Court of Early county to
levy a road tax be and the same is hereby repealed.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole the following bill, to-wit:
A bill to be entitled An Act to authorize Elmira Mat¬
thews a free person of color to sell herself into perpetual
slavery.
The report was agreed to, the bill was read the third
time and passed.
Mr. Lane, the rule being suspended, offered the following
resolution whi6h was read, taken up and passed :
Whereas, The presence of free persons of color is deem¬
ed by many good citizens of this State as a nuisance, and is
exerting a pernicious influence upon the slave population
thereof.
And Whereas, there is a number of such free persons and
some of them may desire to place themselves in bondage,
and no provision having been made by law, by which this
can be done :
Resolved, That the Judiciary Committee be instructed to
investigate the matter and report a bill or otherwise as they
may deem proper.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington :
Mr. President: I am directed by the House of Represen¬
tatives to inform the Senate that they concurred in the
amendment by the Senate to a resolution of the House in re¬
lation to a joint committee of both houses to consider the pro^
priety of reducing the salaries of all the principal public of¬
ficers of this State.
The message was taken up, and on motion of Mr. Brown
the following committee appointed, Messrs. Stafford, Mose-
ley and Hausell.
65
JOURNAL OF THE SENATE,
The Senate took up as the report of the committee of the^
whole,
A bill to be entitled An Act to amend the several laws
passed incorporating the city of Rome, in the county of
Floyd, and to enlarge the poweVs of the City Council ot the
city ot Rome in relation to the granting of license to retail
and sell liquors.
Report agreed to, bill read third time and passed.
The bill to bd entitled An Act to reduce the salaries and
fees of all civil and judicial.officers in the State was taken
up and referred to the select joint committee on reduction.
The Senate took up a bill to be entitled An Act to allow
the Tax Collectors of this State further time to settle with
the Treasurer, as the report of the committee of the whole.
Report was agreed to, bill read third time and passed.
The rule being suspended Mr. Mitchell introduced certain
papers which, without reading, were referred to the joint
Committe on Finance. .
The following bill was taken up and read the second time
to-wit:
A bill to be entitled An Act to legalizze the proceeding of
the Inferior Court of Burke county relative to levying taxes
for the benefit of volunteers and their families from the
county of Burke and to confer powers of taxation and bor¬
rowing money for the same and other purposes.
A bill to be entitled An Act amendatory of An Act for
the election of Public Printer and to regulate the printing
"to be required to be performed by the Legislature was ta¬
ken up, read the second time and referred to the committee
on printing.
A bill to be entitled An Act to authorize the Governor
of this State to raise and equip thousand of cavalry,
and thousand of infantry for the military service of
the State was taken up, read the second time and referred
to the Military Committee.
A bill to be entitled An Act to relieve Wm. B. Taylor of"
the State of Florida, nominated executor of Henry L. Tay¬
lor, deceased, from legal disability on account of his non-
residence and lor other purposes, was taken up and read the
second time.
A bill to be entitled An Act to incorporate the Turner
Mountain Copper Mining Company was taken up, and read
the second time.
A bill to be entitled An Act to prevent the peddling on
spirituous liquors in the county of Jasper was taken up and
lead the second time.
A bill to be entitled An Act to confer certain powers and
to impose certain duties upon the Inferior Court of Tatnall
county, and to provide for the collection by taxation of mon¬
ey to aid and assist the volunteer companies now raised or
WEDNESDAY, NOVEMBER 13th, 1861. 09
to be raised in said county, and to afford such aid to the
families of the soldiers absent as may be compatible with
the resources of citizens of said county, was taken up and
read the second time.
A bill to be entitled An Act to make valid and legal the
acts of Deputy Ordinary or Clerk of the Ordinary of Tat-
nall county in the absence of the Ordinary was taken up,
read the second time and referred to the Judiciary Commit¬
tee.
The rule being suspended Mr. Echols introduced the fol¬
lowing resolution, which was referred to the Military Com¬
mittee :
Whereas, It appears that we have enemies in our midst,
who being lost to all sense of right are burning our bridges
and committing other depredations upon our rail-roads for
the suppression and prevention of the same be it therefore,
Resolved, That the Governor of the State of Georgia be
and is authorized to detach from the different volunteer com¬
panies two men from each company, or so many thereof, as
may be necessary to defend the bridges on the Central and
Western & Atlantic railroads.
A bill to be entitled An Act to allow Clerks elect of our
County Courts longer time in which to qualify in certain
cases, and for other purposes, was taken up, read the second
time and referred to the Judiciary Committee.
A bill to be entitled An Act to alter and amend An Act
entitled An Act to incorporate the city of Americus, and to
alter and amend An Act to incorporate the town of Ameri¬
cus in the county of Sumpter and for other purposes, was
taken up and read the second time.
A bill to be entitled An Act for the relief of Solomon
Newsom, of Lowndes county, and for other purposes was
taken up and read the second time.
A bill to be entitled An Act to legalize and make valid
the sale by herself of a certain free woman of color therein
nanted, into a state of slavery, was taken up and read the
second time.
A bill to be entitled An Act to legalize and make valid
certain acts and proceedings of the Inferior Courts of the
counties of Walker, Catoosa and Dade in equipping and
furnishing the volunteer companies from, said counties en¬
tering the service of the Confederate States and of this State,
and to confer upon said Courts certain powers for like ob¬
jects in future, and for other purposes, was taken up and
read the second time.
The rule being suspended Mr. Bell introduced the follow¬
ing resolution, which was read :
Resolved, That the twenty-first rule adopted for the gov¬
ernment of the Senate at this session be amended as iol-
70
JOURNAL OF THE SENATE,
lows, to-wit: by inserting between the word committee
and the word " and " in the tenth line of said rule the words
" and a committee on local bills."
A bill to be entitled An Act relative to continuances in
certain cases therein named, approved the 9th Febiuaiy,
J.S54, was taken up, read the second time and reiened to
the Judiciary Committee.
A bill to be entitled An Act to authorize Charles H. John¬
son, administrator of the estate of George Dugan, late of
Spalding county deceased^ to sell the lands of the estate of
the said George Dugan on the first Monday in December
next, was taken up and read the second time.
The rule being suspended Mr. Brown moved to take up
the following resolution:
Resolved, That the Secretary be authorized to employ
two additional assistants in each of the Engrossing and En¬
rolling departments as he may deem the same necessary.
The resolution was taken up and read.
Mr. Seward offered the following amendment:
" And that the Judiciary Committee be authorized to em¬
ploy a Clerk, and that the Secretary be authorized to em¬
ploy an assistant Journalizing Clerk."
Which amendment was agreed to, the resolution as amen¬
ded was passed.
A bill to be entitled An Act to authorize the Judges of
the Superior Courts in this State on application of any wo¬
man for alimony who may be sued by her husband for di¬
vorce to hear testimony and determine whether she is in
justice entitled to it or not, was taken up, read the second
time and referred to the Judiciary Committee.
A bill to be entitled An Act to legalize the proceedings
of G. J. Green, Deputy Ordinary in Spalding county was
taken up, and read the second time.
A bill to be entitled An Act to alter and make uniform
the present Statutes of this State in regard to payment of
Grand and Petit jurors and for other purposes was" takei^up
read the second time and relerred to the Judiciary commit¬
tee.
A bill to be entitled An Act to repeal An Act entitled
An Act to authorize and require the Justices of the Inferior
Court of Decatur county to order the payment of the Su¬
perintendents, Clerks, and those who consolidate returns of
elections of said county, for their services, was taken up,
read the second time and ordered to be engrossed.
A bill to be entitled An Act to abolish imprisonment for
debt on certain conditions was taken up, read the second
time and referred to the Judiciary Committee.
A bill to be entitled An Act to" add an additional section
to the Penal Code of Georgia, was taken up and read the
second time. _
THURSDAY, NOVEMBER 14th, 1861. 71
A bill from the House of Representatives to be entitled
An Act to legalize the adjournment of certain Superior
Courts in the Northern Circuit was read the first time.
By leave of the Senate Mr. Shewmake introduced a bill
to be entitled An Act to provide for the safety of property
or funds in the hands of Guardians, Administrators or Ad-
ministratrixs' &c., which was read the first time.
Mr. Seward introduced the following resolution which
was agreed to:
Resolved, That one hundred copies of the documents ac¬
companying the Governor's Message be printed for the use
of the Senate, except the report of the Comptroller General.
By leave of the Senate Mr. Patrick introduced a bill to
be entitled An Act to lay out and fi^rm a new county from
parts of the counties of Franklin and Habersham, to organ¬
ize the same,, and for other purposes," which was read the
first time.
On motion of Mr. Kendall the Senate adjourned until ten
o'clock, to-morrow morning.
THURSDAY, NOVEMBER 14th, 1861. >
10 o'clock, a. m. >
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Pinkerton.
On motion of Mr. Furlow, Mr. Patrick was added to the
committees on Finance and Internal Improvement.
Leave of absence was granted to Mr. Furlow, Wright,
Smith and Harris for a few days.
Mr. Jackson moved to reconsider so much of tjne Jour¬
nals of yesterday, as relates to the resolution authorizing
the Secretary of the Senate to employ an additional Jour¬
nalizing Clerk.
• The motion was not agreed to.
Mr. Dyer from the committee on enrollment, reports as
duly enrolled and ready for signature, a resolution requir¬
ing the Judiciary Committee to enquire into the power of
the General Assembly to suppress unjust speculation mo¬
nopoly and extortion, and to report a bill, &c.
Also, a resolution from the Senate instructing the Finance
Committees of the Senate and House of Representatives,
to report appropriate bills authorizing the Inferior Courts
of the several counties of the State to levy an extra tax to
defray expenses incurred in raising and equipping compa¬
nies, &c., and providing for the equalization of said burth¬
ens throughout the State, and authorizing the assumption
by the State of the Confederate war tax.
72
JOURNAL OF THE SENATE,
Mr. Lewis from the committee on Finance, made the fol¬
lowing report :
The committee on Finance have considered the resolu¬
tion which had been referred to them, in reference to the
pojicy of levying a prohibitory tax on spirituous liquors
manufactured from articles of prime necessity, &c., have
instructed me to report:
1st. That it is the opinion of the committee, tlxat, if such
law be politic and wise, it can originate only in the House
of Representatives.
The committee further report that probably there would
be no impropriety in enacting a law laying a specific ta£ on
the proposed articles, not amounting to prohibition, for the
purpose of revenue.
The'' following message was received from the House of
Representatives by their Clerk, Mr. Carrington :
Mr. President:—I am directed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bills :
A bill to consolidate the offices of Secretary of State and
Surveyor General.
Also, a bill to phange the name of the county of Cass,
and for other purposes.
Also, a bill to authorize the Ordinary of Brooks county
to draw a balance of the Educational Fund due said county
for the year 1860.
Also, the House have adopted a resolution to bring on the
election of two Confederate States Senators at 11 o'clock
A. M., on Tuesday next, 19th inst.
Mr. Echols from a special committee, reported as fol¬
lows :
The committee appointed to act with a similar commit¬
tee of the House to make suitable preparations for the due
observance of Friday the 15th inst., as a day of fasting and
prayer in accordance with a proclamation of the President
of the Southern Confederacy and the Governor of this State,
beg leave to report:
That they have procured the services Rev. H. H. Tuck-
fcr, D. D., who will preach to both Houses in the Represen¬
tative Hall at 11 o'clock A. M., on Friday the 15th inst.
The rules being suspended, Mr. Anthony introduced the
following resolution, which was read and referred to the
committee on Finance :
J^e it 7esolvcd by the dixJi House of J^ejireseiitatives of
the State oj (xeor^ia /n (.* f Herat Assembly met, and it is hcicljy
resolved by the authority of the same, That in view of the
troubles now upon us as a people, it is the imperative duty
-of all the planters of this State to convene in their respec-
THURSDAY, NOVEMBER 14th, 1861. 73
tive counties on the first Monday in December next, or as
soon thereafter as may be practicable, to take into con¬
sideration the great importance of reducing the quantity of
cotton to be planted for the ensuing year at least one half, to
secure an abundant harvest of corn, wheat, rye, oats, bar¬
ley and other grain. And also, to urge the necessity of mak¬
ing every possible effort to increase the stocks of cattle,
sheep, hogs, &c.
It being the sense of this General Assembly, that our
final success in the present struggle for independence rests
in no small degree upon the agriculturists of Georgia.
Common humanity and dictates of a generous patriotism
call aloud for concert of action and indefatigable energy
on the part of the hardy farmers of our noble State, now
threatened by a tyrannical and cruel foe.
Mr. Seward, Chairman of the committee on the Judiciary,
made the following report, to-wit:
The committee on the Judiciary, to wTliom was referred
a bill amendatory of the act requiring the Judges of the
Superior Courts to give thejr charges to Jurors in writing,
have had the same under consideration, report the same
back to the Senate and recommend that it do not pass.
Also, a bill to abolish imprisonment for debt on certain
conditions and report the same back to the Senate, and re¬
commend it do not pass.
Also, a bill to amend an act assented to 17th December,
1800, providing for the trial of causes in the Superior Court
when the Judges presiding are incompetent and to provide
against the failure of a Court by reason of the non-atten¬
dance of a Judge, report the same back to the Senate and
recommend it do not pass.
Also, a bill to authorize Judges of the Superior Courts
in this State on application of any wife for alimony, who
has been sued by her husband for divorce, to hear the tes¬
timony of and determine accordingly, report the same back
to the Senate and recommend it do not pass.
Also, a bill to allow Clerks elect of our county Courts
longer time in which to qualify in certain cases, and for oth¬
er purposes, report the same back to the Senate and recom¬
mend it do not pass.
Also, a bill in relation to continuances in certain cases
therein mentioned, report the same back to the Senate and
recommend it do not pass.
Also, a bill to alter and make uniform the present Statutes
of this State in regard to payment of Grand and Petit Ju¬
rors, and for other purposes, report the same back to the
Senate and recommend it do not pass with amendments.
Also, a bill to make valid and legal the acts of Deputy
Ordinary of Tatnall county in the absence of the Ordinary,
74
JOURNAL OF THE SENATE,
report the same back to the Senate and recommend it do
not pass.
Also, a bill recommitted to the committee re-enacting the
act of 30th November, 1860, in regard to the Banks of this
State, report the same back to the Senate with a ^substitute
in the nature of an amendment, and recommend it do pass.
Also, a bill to protect the estates of married women of
securing the same, and to provide for the distribution there¬
of, and for other purposes, report the same back to the
Senate and recommend it do not pass.
Also, a bill to repeal the third Section of an act, ap¬
proved February, 1854, entitled an act to change and sim¬
plify the practice and pleadings in this State of writs of
scire facias in certain cases, and to regulate the admission
of testimony in certain cases, report the same back to the
Senate and recommend the same do not pass.
Also, a bill to amend an act to authorize the settlement
of criminal prosecutions in certain cases, report the same
back to the Senate and recommend it do not pass.
Also, a bill to consolidate the offices of Secretary of State,
Surveyor General and State Librarian, and require one per¬
son to perform all the duties of said offices, report the same
back to the Senate, with a substitute, and recommend the
same do pass.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington:
Mr. President:—I am directed by the House of Repre¬
sentatives to inform the Senate that they have concurred
in the following Senate resolutions :
A resolution that the Standing Committees of the Sen¬
ate and House on the Deaf and Dumb Asylum be constitu¬
ted a joint standing committte for certain purposes there¬
in mentioned.
Also, a resolution that the Rev. Messrs. Tucker and Clark,
agents for Georgia Hospital Association, be allowed to ad¬
dress the General Assembly in the Hall of the House of
Representatives to day, at 12 M.
Mr. Vason from the Judiciary Committee made the fol¬
lowing minority report:
The undersigned members of the Judiciary Committee
beg leave to make a minority report, recommending that
the bill referred to them, entitled an act to abolish impris¬
onment for debt upon certain conditions, &c., do pass, it
being our opinion that the clause of our new Constitution,
which provides for the security of the liberty of the citi¬
zens of Georgia, should be more fully provided for than it
has been done by the statutes of our State.
D. A. VASON.
S. S. STAFFORD.
THURSDAY, NOVEMBER 14th, 1861. 75
Mr. Moseley from the committee on Printing reported as
follows:
The committee on Printing have had under consideration,
A bill to be entitled an act amendatory of an act in rela¬
tion to Public Printer, and report the same back to the Sen¬
ate, with an additional section as an amendment, and recom¬
mend its passage, to-wit :
Sec. 2d. Be it further enacted by the authority aforesaid,
That the persons having the lowest bid shall before giving •
bond, take and subscribe the following oath—that is to
say
"I do solemnly swear that I have not entered into any
combination with any person or promised to give any per¬
son or persons any money, or the promise of it, to prevent
them from under bidding me for the State Printing."
Mr. Harris from the committee on agriculture made the
following report :
The committee on agriculture have instructed me to
make the following report on the act to incorporate the
Direct Trade & Banking Company, and for other purposes,
and recommend the passage of the following bill as a sub¬
stitute for the same, to-wit:
A bill to be entitled an act to incorporate the Direct
Trade and Navigation Company of Georgia, and for oth¬
er purposes.
The rule being suspended, Mr. Killen offered the follow¬
ing resolution, which was read and taken up :
The Rev. Messrs. Clark and Tucker, agents for the Geor
gia Hospital Association, being present on a mission in be¬
half of said Association,
Resolved by the Senate, with a, concurrence of the House of
Representatives, That the Senate repair to the Representa¬
tive Hall, this day, at twelve o'clock M., to hear from said
gentlemen on the subject of their mission, for one hour.
Mr. Hansell moved to amend by striking out the hour
and inserting the hour of 3 o'clock this evening, which wTas
lost.
The resolution was then adopted and ordered to be trans¬
mitted, immediately to the House of Representatives.
Mr. Beaseley offered the following resolution:
Resolved, That the Standing committees of the Senate
and House of Representatives, on the Deaf and Dumb Asy¬
lum, be constituted a joint standing committee, for the in¬
vestigation of the affairs of the same ; that His Excellency
the Governor, be requested to furnish said committee any
documents or communications which he may have in his
possession pertaining to the same, and that this resolution
be transmitted to the House of Representatives for its con-
76
JOURNAL OF THE SENATE,
eurrence, immediately, which was taken up, read and
agreed to.
Mr. Gordon from the committee on Banks reported that
the committee have had under consideration,
A bill to be entitled an act to incorporate an Insurance
Company in the city of Savannah, to be called the South¬
ern Insurance & Trust Company, am? report the same back
with certain amendments, and recommend that it do pass.
Also, a bill to be entitled an act to incorporate the Geor¬
gia Mutual Insurance Company, which they report back to
the Senate, and recommend that it do pass.
Mr. Bell reported a bill to be entitled an act to carry into
effect the 15th clause of the 1st article of the Constitution
of the State of Georgia, which was read the first time.
Mr Eehols offered the following resolution which was
read, to-wit:
As it is the duty of every Christain pebple to provide for
the moral and religious instruction of its brave soldiery ;
and whereas, we have no chaplains or religious teachers
connected with any of the regiments of the army of this
State.
Be it therefore resolved by the General Assembly of Georgia,
That from and after the passage of this resolution it may be
lawful for the Governor of this State to commission any or¬
dained Minister of the Gospel as Chaplain to any of the
Regiments now in service, or which may hereafter be mus¬
tered into service for the defence of the State of Georgia ;
provided said Ministers shall first be elected by the Regi¬
ment to which he is attached, and the same made known to
the Governor by the Commanding Colonel.
Resolved, further, That the said Chaplain so commission¬
ed by the Governor, shall receive from the military fund,
for the faithful performance of his duty, sixty dollars per
month without rations, and shall receive his pay at the same
time and same way as the balance of his regiment.
Mr. Fort reported a bill to fix the fees of the Ordinaries
of the State of Georgia, which was read the first time.
Mr. Gordon reported a bill to amend an act entitled an
act to provide for the public defence, and for other purpo¬
ses, assented to December 18th, 1860 ; which was read the
first time.
Mr. Hansell reported a bill to amend the act incorporat¬
ing the North-Western Bank of Georgia.
Also, a bill to alter and amend the several acts incorpo¬
rating th< city of Atlanta in Fulton county, which were sev¬
erally read the first time.
Mr. Jackson reported a bill for the relief of Andrew M.
Hamilton of the county of Whitfield, which was read the
first time.
THURSDAY, NOVEMBER 14th, 1SG1. 77
Mr. Mitchell reported a bill for the relief of Moses Form-
by, of the county of Floyd, a school teacher, under the
acts in relation to common schools.
Also, a bill to be entitled an act to authorize Br. Rufus
Barker, of the county of Floyd, to practice medicine, and
to grant him the right to collect by law or otherwise, all
proper claims for professional services and for other pur¬
poses, &c., which were severally read the first time.
Mr. Moseley reported a bill to be entitled an act for the
relief and protection of the right and property of the minor
children of Sophia JSIcBride of Haralson county Georgia.
Also, *i bill to be entitled an act to authorize the Ordin¬
ary of the county , to admit to record the last
will and testament of Thomas Allen, late of said county,
deceased, and for other purposes, which were severally read
the first time.
Mr. Seward reported a bill to authorize the administrator
of the estate of James Connell, deceased, to sell the real es¬
tate of said deceased at private sale, which was read the
first time.
The Senate took up as the report of the committee of the
whole,
A bill to incorporate the Cotton Planters' Bank of Geor¬
gia, to give steadiness to the value of cotton, to make it
available as the basis of a sound circulating medium for the
relief of the industrial interests of the country, and at the
same time to enable the planters to control their own cot¬
ton until the blockade now attempted to be enforced is re¬
moved ; to guard the planters against an unavoidable ne¬
cessitous sale of their cotton at less than remunerating pri¬
ces, and against sacrifices alike detrimental to their interests,
consequent upon their being forced to draw upon and ac¬
cept inadequate advancements upon their crops, paying
heavy commissions, interests, insurance and storage, ruinous
to the producers of this great Southern Staple, and for oth¬
er purposes.
Mr. Seward offered the following amendment to-wit:
Be it enacted, That at any time after any planter shall
subscribe stock in said bank, in cotton, he shall have the
right to direct his cotton so subscribed to be sold when ever
its market value shall rise above the sum of thirty dollars
per bale, so as to meet the amount issued thereon, and the
surplus shall be paid over to said planter, so as to .allow each
planter to determine as to the market, and to exercise his
own judgment, without restriction, as to when the cotton
subscribed shall be sold, without loss to the Bank.
And be it further enacted, That any person who may sub¬
scribe stock in cotton, and the same has been used as the
basis of circulation and thirty dollars is issued thereon, he
78 JOURNAL OF THE SENATE,
shall be at liberty to sell his stock or the cotton which rep¬
resents his stock, subject to the liability resting upon it tor
the bills that may be issued thereon. ^
A:nd be it further enacted, That subscriptions shall be re¬
ceived in sea island cotton at fifteen cents per pound -abale
to be estimated at three hundred pounds per bale, and con¬
stitute stock in said bank.
And be it further enacted, That the bills of said Bank shall
be received in payment of taxes to the State of Georgia.
Mr. Hansell offered the following amendment, to-wit :
Strike out the words "real estate," and insert in lieu
thereof, "such real estate as may be necessary* for their
business, and such as they may buy bona fide in collecting
any debt or debts due said Company," and no other lands.
Mr. Jackson offered the following amendment, to-wit:
And that this charter shall expire in twelve months after-
peace is made or declared.
On motion of Mr. Seward, the said bill, with the amend¬
ments, was made the special order of the day for Thursday
next, and £fty copies of the bill and. amendments ordered to
be printed.
The rule being suspended, Mr. "Ware offered the following
resolution, which was read :
Whereas, the people of Georgia" demand a short session
of the present General Assembly; and whereas, it is right
and proper that the public business should be speedily
transacted, an<Jl the public resources judiciously husbanded,
therefore,
jResolved, That no new matter be received by the Senate,
except such as may relate to the public defence, from and
after Tuesday next.
A motion to take up the resolution was lost.
A bill to legalize the proceedings of the Inferior Court of
Burke county relative to levying taxes for the benefit of
Volunteers and their families from the county of Burke, and
to confer powers of taxation and borrowing money for the
same, an^ for other purposes, was taken up, read the se¬
cond time and referred to the committee on Finance. »
The Senate took up as a report of the committee of the
whole,
A bill for the relief of Wm. B. Taylor of the State of
Florida, nominated Executor of Henry L. Taylor, deceased,
from legal disability on account of his non-residence, and
for other purposes.
Mr. Harris offered the following amendment, to-wit:
Provided, the said Mr. Taylor shall give bond and securi¬
ty residing in the county of Randolph in double the amount
THURSDAY, NOVEMBER 14th, 1861. * 79
of property belonging to said estate, as in the case of Adminj
istrators in this State, which was accepted.
The report, as amended, was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee of
the whole,
A bill to incorporate the Turner Mountain Copper Min¬
ing Company.
The report was agreed to, the bill was read the third and
passed.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk.
Mr. President:—I am directed by the House of Represen¬
tatives to inform the Senate that they have passed a bill to
be entitled an act to authorize the Administrator of the late
William Williams, of Harris county, to sell all the real es¬
tate of said deceased, at the Court House of Harris county.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill to be entitled an act to incorporate an Insurance
Company in any city in Georgia, to be called the Southern
Insurance and Trust Company.
The committee on Banks, to whom it was referred, re¬
ported in favor of its passage.
The report was agreed to, the bill read the third time and
passed.
The Senate took up as the report of the committee on
Banks,
A bill to incorporate the Georgia Mutual Insurance Com¬
pany.
The report was agreed to, the bill wTas read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
A bill to prevent the peddling of spirituous liquors in the
county of Jaspet.
Mr. Shewmake offered the following section as an amend¬
ment :
And be it further enacted, That so far as applicable, all
the provisions of this act shall be, and the same are hereby
made applicable to the county of Burke and Whitfield
county; which amendment was agreed to.
The report, as amended, was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee, of
the whole,
A bill to confer certain powers, and to impose certain du¬
ties upon the Inferior Court of Tattnall county, and to pro¬
vide for the collection by taxation of money to aid and as-
80
JOURNAL OF THE SENATE,
sist the Volunteer company or companies now raised, or to
be raised iu said county, and to afford suck aid to the fam¬
ilies of the soldiers absent as may be compatible with the
resources of said county.
The report was agreed to, the bill was read the third time
and passed.
Mr. Echols moved to take up the report of the commit¬
tee appointed to act with a similar committee of the House,
to make suitable preparations for the observance of Friday
the 15th inst., as a day of fasting and prayer.
The motion was agreed to.
Leave of absence was granted to Mr. Moseley for a few
days, from to-morrow.
The following message was received from the House of
Representatives :
Mr. President:—I am directed to inform the Senate that
the House of Representatives is now ready to receive the
Senate in their Hall, to hear the address of Messrs. Rev.
Prof. Tucker and Rev. J. 0. A. Clarke.
On motion, the Senators repaired forthwith to the Hall
of the House of Representatives, and immediately after
the delivery of the report and addresses of said agents, re¬
turned to the Senate chamber, when
Mr. Killen offered the following resolution :
Resolved, That the thanks of the General Assembly are
due and are hereby tendered to the Rev'ds Messrs. Clark and
Tucker, agents for the Georgia Relief and Hospital Asso¬
ciation for the able report and address delivered, this day,
in the Representative Chamber.
Resolved, 2d. That a committee of three be appointed on
the part of the Senate to solicit a copy of said report and
written documents for publication, and that live thousand
copies be printed foj? the use of the Senate and for distribu¬
tion, which was agreed to.
The President of the Senate appointed as such committee,
Messrs. Killen, Gordon and Seward.
Senate adjourned till 3 1-2 o'clock P. M.
Afternoon Session, 3 1-2 o'clock p. m.
Leave of absence, for a few days, was granted to Messrs-
Dyer, Winn and Killen.
The Senate took up as the report of the committee of
the whole,
A bill to exempt practicing physicians in Jefferson county
from Road and Jury duty.
THURSDAY, NOVEMBER 14th, 1S61. 'SI
•
Mr. Griffin moved to amend the same by inserting after
the word Jefferson county, the county of Lowndes, which
amendment was agreed to.
The Senate refused to agree to the report of the commit¬
tee, as amended, and the bill was lost.
The Senate took up as the report of the committee of the
whole,
A bill to authorize the city of Augusta to issue one hun¬
dred thousand dollars of Treasury notes.
The report was agreed to, the bill was read the third time
and passed.
Also a bill to (alter and amend an act entitled an act to
incorporate the city of Americus, and to alter and amend
an act to incorporate the town of Americus in the county
of Sumter, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
Also, a bill for the relief of Solomon Hewsom, of Lowndes
county, and for other purposes.
The report was agreed to, the bill was read the third
time and passed.
Also, a bill to legalize and make valid the sale, by herself,
of a certain free woman, of color, therein named, into a state
of slavery.
Mr. Lane offered the following amendment to the same :
Prodded, That three discreet and prudent persons shall
be selected to appraise such person at a moderate cash val¬
ue, not less than two thirds of the real worth of said free
person of color, and that the purchaser of said person shall
pay said sum into the Treasury of the county where said
free person of color habitually resides, to be applied to the
relief of the indigent families of the volunteers now in the
service of this State' or the Confederate States, or may-
hereafter go into service.
Mr. Vason offered the following amendment to the amend-
mendment, which was accepted.
Provided, further, That said Peeples refuse to take such
free person at the price, then such free person shall have
the privilege of choosing any other person as her owner*
who will pay the price.
Mr. Griffin moved to amend the report by providing that'
in case of the death of the party proposed as purchaser,
the woman be allowed to select some other master.
Mr. King moved the previous question, which was not
seconded.
Mr. Griffin withdrew his amendment.
Mr. Mitchell moved to amend the amendment as follows,
to-wit :
6
82
JOURNAL OF THE SENATE,
That tlie said Clferry and lier increase, if any, shall be¬
come the absolute propeity of the said Peeples upon the
payment of the money.
This amendment was also accepted.
The amendment, as amended, was lost.
The report was then agreed to, the bill was read the third
time and passed.
Also, the following engrossed bill, to direct and empower
the Inferior Courts of Stewart and Webster counties, to
levy and collect and disburse an extraordinary tax for the
support of the indigent families of such soldiers ^as have
gone, or may hereafter go into the service of the Confeder¬
ate States or the State of Georgia, to appoint commission¬
ers for the disbursement of the same, to legalize the orders
or judgments of the Inferior Courts of said counties levy¬
ing an extraordinary tax for the fiscal year IS61, and pro¬
vide for the collection of said taxes j which was read the
third time and passed.
On motion of Mr. Seward, the Senate took up as the re¬
port of the committee of the wThole,
A bill amendatory of the act requiring the Judges of the
Superior Courts to give their charges to Jurors in writing
in the cases therein mentioned, assented to the 17th Decem¬
ber, 18G0.
The committee on the Judiciary to whom said bill was
referred, reported the same back to the Senate, and recom¬
mend that said bill do not pass ; and pending discussion
thereon, on motion, the Senate adjourned until Saturday
next, 9£ o'clock A. M.
SATURDAY, NOVEMBER 16th, 1S61, }
9£ o'clock, a. M. 5
The Senate met according to adjournment, and was open¬
ed with prayer by Rev. Mr. Adams.
Mr. G-ibson moved to reconsider so much of the Journal
of Thursday as relates to the vote by which a bill to exempt
practising physicians in the county of Jefferson from road
and jury duty was lost. The motion to reconsider prevail¬
ed.
The following message was received from the House of
Hepresentatives by Mr. Carrington, their Clerk:
Mr. President: I am directed by the House of Represen¬
ts^ ves to inform the Senate that they have passed the fol¬
lowing bills:
SATURDAY, NOVEMBER IGth, 1861. S3
A bill to l>e entitled an act to incorporate the Cavender
Creek & Fields Gold Mining Company, and for other pur¬
poses therein mentioned.
Also, a bill to be entitled an act to alter and amend an
act to incorporate the town of Jonesboro in the county of
Clayton, and to provide for the election of Marshall and
Clerk.
Also, a bill to be entitled an act to give the several Jus¬
tices Courts in this State jurisdiction in cases sounding in
damages in certain cases.
Also, a bill to be entitled an act to authorize the Ordina¬
ry of DeKalb county to grant letters of administration with
the will annexed on the estate of Thomas H. Chivers to Har¬
riet E. Chivers of said county.
Also, a bill to be entitled an act to amend an act approv¬
ed December 17, 1859, to prescribe the time of holding
elections for Senators in the Congress of the United States
from the State of Georgia.
The rule being suspended on motion of Mr. Seward the
Senate took up and read for the first time the following bill
from the House of Representatives :
A bill to be entitled an act to authorize the Ordinary of
Brooks county to draw a balance of the educational fund
due said county for the year 1S60.
Mr. Alexander presented a petition from certain citizens
of Gwinette county, which on his motion was referred to
the joint Finance Committee.
Mr. Bell introduced the following resolution :
Waekeas, The revised Constitution of this State impo¬
ses the duty upon this session of the General Assembly of
carrying into effect various provisions of said Constitution,
therefore,
Resolved, That the Judiciary Committee be and is hereby
instructed to inquire what provisions of the Constitution re¬
quire legislation at the present session, and report such bills
.as may be necessary for carrying into effect said Constitu¬
tion.
Which was read.
The following bills were reported and severally read the
first time:
Mr. Dyer—A bill in reference to costs in criminal cases,
and to provide for the payment of witnesses by the party
•iconvicted.
Also, a bill to authorize continuances pending in the Su¬
perior and Inferior Courts of this State, during the war, in
certain cases.
Mr. Hansell—A bill to be entitled an act to amend an act
incorporating the Bank of Fulton.
S4
JOURNAL OF THE SENATE,
Mr. Jackson—A bill to be entitled an act amendatory of
an act entitled an act to incorporate the Dalton City Com¬
pany, approved February 23, 1850, and to add an addition¬
al section .thereto, and lor other purposes. _
Mr. Mitchell—A bill to authorize Susan B. G. McGuire,
guardian of George L. McGuire, to turn over to her said
ward his proper share of her deceased husband s estate, and
to make valid the same, and for other purposes.
Mr. Ware A bill to be entitled an act for the relief of
William E. West of the county of Polk.
Mr. Beasley—by leave of the Senate—A bill more effect¬
ually to organize the Georgia Institution for the education
of the Deaf and Dumb, and for other purposes.
Leave was granted to Mr. Ware to withdraw the bill to
be entitled an act for the relief of William E. West of the
county of Polk.
The President presented to the Senate the correspondence
between the Governor and the Banks as to the sale of State
Bonds, which, without reading, was referred to the commit¬
tee on Finance.
The rule being suspended the Senate, 011 motion of Ah*.
Brown, tooknp the resolution from the House of Represen¬
tatives, to bring on the election of two Senators to represent
the State of Georgia in the Congress of the Confederate
States.
Mr. Seward moved to strike out in said resolutions Tues¬
day, the 19th inst., and to insert in lieu thereof, Tuesday,
the 26th inst., which amendment was agreed to.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington :
Mr. President: 1 am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill:
A bill to be entitled an act to authorize the removal of
the Banks from the city of Savannah.
And I am further directed to transmit the same to the
Senate forthwith.
The rule being suspended, on motion of Mr. Gordon, the
Senate took up and read the first time the following bill
from the House of Representatives, to-wit: °
A bill to authorize the several Banks and banking insti¬
tutions located at Savannah, to remove their places of busi¬
ness into the interior during the invasion of the enemy.
The Senate resumed the consideration of the unfinished
business of Thursday, which was the report of the Judiciary
Committee upon a bill amendatory of an act to require the
Judges of the Superior Courts to give their charg< s to ju¬
rors in writing in cases therein mentioned, assented to De¬
cember 17th, 18G0.
SATURDAY, NOVEMBER 10th, 1S61. 85
The Judiciary Committee to whom it was referred re¬
ported adversely to its passage.
Mr. Hansell moved to amend the report by striking out
the word "felony" wherever it occurs as descriptive of the
class of cases embraced in said bill, which was lost.
The report was agreed to, and the bill lost.
The following message was received from His Excellency
the Governor by Mr. Campbell his Secretary, to-wit:
Executive Department, >
Milledgeville, Ga., Nov. 16th., 1861. 5
To the Seriate:
I hereby nominate and propose, with the advice and con¬
sent of the Senate, to appoint General Henry R. Jackson a
Major General to command the first Division of Georgia
"Volunteers now being organized for th£ defence of the State.
JOSEPH E. BROWN.
Which, on motion of Ml'. "Bell, was read.
The Senate took up as the report of the committee of the
whole,
A bill to abolish imprisonment for debt, on certain con¬
ditions.
The Judiciary (Committee to whom saidbill had been re¬
ferred reported it back to the Senate with the recommenda¬
tion that the same do not pass.
A minority of said Committee reported in favor of said
bill and recommended that the same do pass.
Mr. Vason made a motion that the Senate adopt the mi¬
nority report in lieu of the majority report.
On motion of Mr. Gibson the report was laid upon the ta¬
ble for the present.
The Senate took up as the report of the committee of the
whole,
A bill amendatory of the act assented to 17th December,
1860, providing for trial of causes in the Superior Court
where the Judge presiding is incompetent, &c., and to pro¬
vide against the failure of a Court by reason of the non-at¬
tendance of a Judg6.
By leave of the Senate the bill was withdrawn.
The Senate took up as the report of the committee of the
whole,
A bill to authorize Judges of the Superior Court in this
State on application of any wife for alimony who has been
sued by her husband for divorce to hear testimony and de¬
termine accordingly.
Which on nu>tiou was laid upon the table for the present.
The Senate took up as the report of the committee of the
whole,
A bill to allow Clerks elect of our County Courts longer
86
JOURNAL OF THE SENATE,
time in which to qualify in certain cases, and for other pur¬
poses.
The Judiciary Committee to which the bill was referred,,
reported: adversely to its passage.
The report was agreed to, and the bill was lost.
The Senate took up as the report of the committee of the
whole,
A bill amendatory of an act relative to continuances in "
certain cases therein named, approved 9th February, 1854.
On motion of Mr. Seward the bill was re-committed to
the Judiciary Committee.
On motion of Mr. Seward. Mr. Gordon was adeed to the
Judiciary Committee.
The Senate took up as the report of the committee of the
whole,
A bill to alter and make uniform the present Statutes of
this State, in regard to the payment of Grand and Petit ju¬
rors, and for other purposes.
The Judiciary Committee to whom this bill was referred
reported the same back to the Senate wTith the following
amendment, to-wit:
By inserting in the 2d section, after the words " Sheriff
or Clerk of said Court'' the words " out of the party cost in
said case," and recommended that the bill as amended do
pass. The amendments were agreed to.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
wThole,
A bill to protect the rights of married women, to provide
the manner of securing the same, to provide for the distri¬
bution thereof, and for other purposes.
Which, upon motion, ^vas made the special order for next
Wednesday week.
The Senate took up as the report of the committee of the
whole,
A bill to re-enact the apt of 30th November, 1SG0, in re¬
gard to the Banks of this State.
The Judiciary Committee to whom this bill was referred
reported the same back to the Senate with a substitute as
an amendment entitled a bill to re-enact the act of 30th
November, 1KG0, and re-enact a part of the act 20th Dec.,
1S60, and recommended that said substitute do pass in lieu
of the original bill.
Mr. Vason offered, the following amendment, to-wit:
Provided, also, that each of tbe chartered Banks of this
State claiming the provisions of this act sltall be and are
hereby required to issue and keep in circulation during their
suspension at least five per cent, upon their capital^stock
in small bills as low ajs fifty cents and not exceeding five
SATURDAY, NOVEMBER 16th, 1861. '87
dollars each, wliieli said small bills tlie said Banks shall re¬
deem in gold and silver when called upon by any person de¬
siring the same for change and not for purposes of specula¬
tion, in sums not exceeding fifty dollars.
On motion the bill, with the substitute and amendment,
was referred to the Committee on Banks.
The Senate took up as the report of the committee of the
whole,
A bill to make valii and legal the acts of the Deputy Or¬
dinary or Clerk of the Ordinary of Tatnall county in the
absence of the Ordinary.
The Judiciary Committee to whom this bill was referred
reported the same back to the Senate with a recommenda¬
tion that the bill do not pass.
Which report was agreed to, and the bill was lost.
The Senate took up as the report of the committee of the
whole,
A bill to repeal the third section of an act approved Feb¬
ruary 20, 1854, entitled an act to change and simplify the
practice and pleading in this State, and to provide for the
service of writs of sirefacias in certain cases and to regulate
the admission of testimony in certain cases.
The Judiciary Committee to whom this bill had been re¬
ferred reported the same back to the Senate with a recom¬
mendation that the bill do not pass.
The report was agreed to, and the bill lost.
The Senate took up as the report of the committee of the
whole,
A bill to amend an act to authorize the settlement of
criminal prosecutions in certain cases, and to regulate more
particularly the duties of the Attorney and Solicitors' Gen¬
eral, and fix their liabilities, approved Feb. 22d, 1850.
The Judiciary Committee to whom this bill was referred
reported it back to the Senate with the recommendation,
that the same do not pass.
The report was not agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole,
A bill to consolidate the offices of Secretary of State,
Surveyor General atid State Librarian, and require one per¬
son to perform all the duties of said offices.
The Judiciary Committee to whom this bill was referred
reported the same back to the Senate with a substitute as
a mendment entitled a bill to consolidate the offices of
St ( ictary of State and Surveyor General and for other pur¬
poses, and recommended that said substitute do pass in lieu
of said original bill.
The amendment was agreed to.
88
JOURNAL OF THE SENATE,
The report as amended was agreed to, the bill was reacj
the third thime and passed.
The Senate took up as the report of the committee of the
whole,
A bill to authorize Charles H. Johnson administrator on
the estate of George Dugan late of Spalding county to sell
the lands of said estate, on the first day of December, next.
Mr. Hansell moved, to amend the report as follows, to-
wit:
Amend the caption by striking out the words "first day"
and insert in lieu thereof the words " first Tuesday " and in
in the body of the bill strike out the word "Monday" and
insert in lieu thereof " first Tuesday," which was agreed to.
The report as amended was agreed to, the bill was read
the third time and passed.
On motion leave of absence for a few days was granted to
Mr. Lewis the Senator from the 19th district.
On motion of Mr. Hansel! the Secretary of the Senate
w"as required forthwith to transmit, with the amendment of
the Senate thereto, to the House of Representatives, the
resolution of the House in relation to the time of holding
elections for Senators to the Congress of the Confederate
States.
The rule being suspended, on motion the following bill of
the House was taken up and read the first time, to-wit:
A bill to authorize the administrator of the late William
Williamson, of the county of Harris, to sell all the lands be¬
longing to the estate of the said William Williamson, lying
and being in the counties of Harris and Talbot, at the Court
House in the county of Harris.
The Senate then went into Executive Session and after
"remaining some time the Executive Session was closed, and
the Senate resumed its regular business.
On motion the Senate then adjourned till. 10 o'clock,
Monday next.
MONDAY, NOVEMBER 38th, 1S61,)
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Smith.
Mr. Brown moved to reconsider so much of the Journal
of Saturday as relates to the resolutions of the House of
Representatives to bring on the election of Senators to the
Confederate Congress, and the amendment thereto by the
Senate.
MONDAY, NOVEMBER ISth, 1861. 89
The motion to reconsider prevailed.
Mr. Mitchell moved to reconsider so much of the Journal
of Saturday as relates to the action of the Senate upon a
bill to protect the rights of married women, and to provide
the manner of securing the same, to provide for the distribu¬
tion thereof, and for other purposes therein mentioned.
The motion to reconsider prevailed.
Mr. Boyd moved to reconsider so much of the Journal of
the Senate as relates to the vote by which the following bill
was passed, to-wit:
A bill to consolidate the offices of Secretary of State and
Surveyor General, and for other purposes.
The motion to reconsider prevailed.
Mr. Brown moved to suspend the rules and take up the
resolution from the House relating to the election of Sena¬
tors to the Confederate Congress.
Upon agreeing to which motion the yeas and nays were
recorded, and were yeas 23, nays 10. *
Those who voted in the affirmative are Messrs.:
Alexander, Beasley, Bell, Bothwell, Boyd, Brown, Gas¬
ton, Griffin, Harris, Thomas Hilliard, Jamison, Lane, INIcRae
Mitchell, Shewmake, Simmons, Smith, Stafford, Stephens,'
Swearingen, Vason, Ware, Wright.
Those who voted in the negative are Messrs.:
Dyer, Echols, Fortj Gordon, Hansell, Hill, Jackson, King,
Patrick, Seward.
Mr. Brown moved to strike out in the resolution the 26th
inst., which was agreed to.
Mr. Brown moved to fill the blank by inserting the 19th
inst.
Mr. Seward moved to amend by inserting the 23d inst.,
which was lost.
Mr. Seward moved to insert 22d inst., which was lost.
Mr. Seward moved to insert the 21st inst., which was also
lost.
Mr. Seward then moved to insert the 20th inst., which
was also lost.
The motion of Mr. Brown was then agreed to.
The resolution was, as amended, agreed to, and ordered
to be transmitted to the House of Representatives forthwith.
The Senate took up as the report of the committee of the
whole,
The special order, which was a bill to incorporate the
Planters' Insurance Trust and Loan Company.
The bill was made the special order for to-morrow.
On motion of Mr. Alexander the Senate went into the
election of a President of the Senate pro tempore.
90
JOURNAL OF THE SENATE,
The name of the Hon. Mr. Gibson was proposed, also
that of Mr. Hansell.
The vote of the Senate was taken viva voce, when it ap¬
peared that Mr. Gibson had received 19 votes, and Mr. Han¬
sell 15 votes, as follows:
For Mr. Gibson—Messrs.:
Alexander, Anthony, Bell, Bothwell, Brown, Fort, Gor¬
don, Griffin, Harris, Hansell, Hill, Hilliard. of Ware, Jack¬
son, Kendall, King, Shewmake, Smith, Stafford, Stephens,
Swearingen.
For Mr. Hansell:
Beasley, Boyd, Dyer, Fletcher, Gaston, Jamison, Lane,
Mitchell, Patrick, Seward, Simmons, Yason, Ware, Wright.
Mr. Gibson having received a majority of the votes cast
was declared elected President %>ro tem.
Mr. Gordon fron^ the Committee on Banks made the fol¬
lowing report:
The Committee on Banks to whom was referred a bill to
be entitled an afct to re-enact certain portions of the Bank
Relief acts of 1860, have had the same under consideration,
and report it back to the Senate with an amendment to the
substitute, and recommend that the substitute as amended
do pass.
The rule being suspended, the Senate took up as tlie re¬
port of the committee of the whole,
A bill to re-enact and continue in force the first, second
and third sections of an act to grant relief to the Banks and
people of this State, passed over the Governor's veto, on
the 30th day" of November, I860 ; and also to re-enact and
continue in force the third and fourth sections of an act to
add a proviso to the fourth section of an act entitled an act
for the relief of the Banks and people of this State, &c., as¬
sented to 20th December, 1S60.
The Committee on Banks to whom the~bill was referred
reported the same back to the Senate with the following
amendment:
Provided, also, that each of the chartered Banks of this
State claiming the provisions of this bill shall be and they
are hereby required upon application of any person to issue
and keep in circulation daring their suspension small bills
in denominations of 5, 10, 25^and 50 cents to the extent of
one per centum upon their capital stock which said small
bills shall be redeemed in current bank bills when present¬
ed in sums of five dollars- or more, and that the said banks
are authorized to issue small bills to the extent of three per
centum on their capital stock, with a recommendation that
with the amendment the substitute do pass.
MONDAY, NOVEMBER 18th, 1861. 91
Mr. Seward moved to strike out the words " third" in the
first section of the substitute which was agreed to.
Mr. Gordon moved to amend by inserting in 1st section,
after wrords 1862 " except the last proviso of said second
section," which was agreed to.
Mr. Yason moved the following amendment:
That each of the banks of this State claiming the provis¬
ions of this act shall be and are required to issue and keep
in circulation 3 per centum of their capital stock in small
bills as low as 25 cents, and not exceeding two dollars,
which said bills shall be redeemed in gold and 'silver coin,
'when called upon by any person for purposes of change,
and not for purposes of speculation, in sums not exceeding
five dollars, which motion was lost.
The report as amended was agreed to, and the bill was
read the third time and passed, by a majority of two thirds
of the members present and voting. Upon the passage of
the bill the yeas and nays were recorded, and the yeas were
30 and the nays 5. ■
Those who voted in the affirmative were Messrs.:
Alexander, Beasley, Bell, Bothwell, Boyd, Brown, Ech¬
ols. Fletcher,Fort, Gaston, Gordon, Griffin, Hansell, Harris,
Hill, Thos. Hilliard, Jackson, Jamison, Kendall, King, Mc-
Rae. Mitchell, Patrick, Seward, Shewmake, Simmons,
Stafford, Stephens, Swearingen, Ware.
Those who voted in the negative were Messrs.:
Dyer, Lane, Smith, Yason, Wright.
Yeas 30, nays 5. So the bill was passed.
The rules being suspended the committee on new coun¬
ties and county lines made the following report, to-wit:
The committee on new counties and county lines to whom
was referred the bill to change the line between the coun¬
ties of Chattahoochee and Talbot so as to include the resi¬
dence and premises of Jas. M. Lowe in the county of Tal¬
bot have considered the same, and recommend that the bill
do pass.
On motion the report was taken up.
Mr. Stafford offered the following amendment, to-wit:
To add to the caption of the bill the following, to-wit:—
'•Also to change the line between the counties of Early and
Calhoun," which was accepted.
The report as amended was agreed to, the bill was read
the third time and passed.
The rule being >,u&pended Mr. Bell offered the following
resolution, to-wit:
Resolved, That reporters of newspapers be allowed seats
on the floor ot the Senate when not in Executive Session ;
which was taken up, read and adopted.
92
JOURNAL OF THE SENATE,
The rule being suspended Mr. Seward, chairman of the
Judiciary Committee made the following report:
A bill to prevent during the existing war monopolies and
speculations in breadstuff and other articles of general use
and consumption, having had the same under consideration
report the same back to the Senate and recommend it do
pass with amendments; which was taken up.
Mr. Ware moved to amend the report by adding " sugar
and coffee," to be inserted in all places where articles are
named.
On motion the bill was made the special order of the day
for Wednesday next, and fifty copies of said bill with the
substitute and amendments were ordered to be printed.
The rule being suspended Mr. Mitchell moved to make
the bill for the protection of married women, &c., the spe¬
cial order for Friday next.
The rule being suspended Mr. Mitchell offered the fol¬
lowing resolutions which were taken up, read and adopted:
Whereas, By the Constitution of the Confederate States
the power " to declare war," '*to raise and support armies,
to provide for the calling forth the Militia to execute the
laws of the Confederate States, suppress insurrections and
repel invasions," is given to the Congress of the Confederate
States.
And Whereas, It is declared in said Constitution, " nor
shall any State keep troops or ships-of-war in time of peace,
enter into any agreement or compact with any other State,
or with a foreign power, or engage in war unless actually
invaded or in such imminent danger as "will not admit of
delay.
And Whereas, It is also declared by an Ordinance of the
Convention of the State of Georgia, passed on the 20th day
of March, 1S61, " That the State of Georgia hereby trans¬
fers to the Govermnent of the Confederate States of Ameri¬
ca, the arms and munitions of war, acquired from the Uni¬
ted States with the forts and arsenals, and which are now in
said forts and arsenals."
" That the Governor of the State is hereby authorized to
transfer to the government of the Confederate States such
arms, munitions of war, armed vessels or steamers belonging
to this State as in his judgment may be expedient, and up¬
on such terms as may be agreed upon with the said govern¬
ment of the Confederate States."
" The transfer herein provided for shall be conducted on
the part of this State by the Governor thereof, the govern¬
ment of the Confederate States undertaking to account for
all such arms and munitions of war as are hereby transfer¬
red."
And Whereas, It is well known, and has been known well
for the last several months, that the enemy has been engag-
MONDAY, NOVEMBER ISth, 1S61.
03
ed in fitting and equipping one of the most powerful arma¬
das known in the' history of war, ancient or modern, for the
avowed purpose of attacking and invading the coasts of the
cotton growing States of the Confederacy, and it is also well
known that the said armada has been fitted up iu the most
complete and perfect manner, with an ample supply of
troops, for the purpose avowedly and with the intent of in¬
vading the soil of the cotton growing and gulf States, and
that the said armada has actually sailed south from Fortress
Monroe, and has actually attacked and invaded the soil of
our sister State of South Carolina, and now occupies Port
Royal within the jurisdiction of our sister State, only a
short distance from the coast of Georgia, and that the said
armada has been and probably now is cruising off the coast
of the State of Georgia with a view doubtless-at the earliest
opportunity to make an invasion upon the- soil of our be¬
loved Georgia.
Under the circumstances it is believed to be vitally im¬
portant that the General Assembly now in session should
have the earliest and fullest information in the power of the
Executive to communicate to them on the following points,
that if there should be any deficiency in the preparations
necessary to a complete and successful defence against the
invading enemy that the General Assembly may be enabled
to render to His Excellency all the aid and assistance in
their power both in men and money, necessary to a full and
complete defence against any invasion or attempted inva¬
sion of the soil of Georgia by the enemy. Has the Confed¬
erate States or not, in the opinion of His Excellency, pro¬
vided and sent to the coast of Georgia sufficient armies and
war equipments to repel the threatened invasion ? what
amount of Confederate troops are now on the coast of Geor¬
gia? what number of troops, in the opinion of the Execu¬
tive, will be necessary under the circumstances to repel the
threatened invasion? has the Confederate Government been
informed of the threatened invasioti, and called on by the
Executive to make defence ot the coast and supply the men
and means therefor? if such calls have been made and the
means have not been supplied what are the responses of
that government, and the reasons for the failure to make
the supplies if any?
2. Have the arms, munitions of war, armed vessels, forts
and arsenals mentioned in the 2d and 3d sections of the Or¬
dinance of 20th March, 1861, been transferred to the Con¬
federate Government by the Executive ? If so upon what
terms and for what amount or consideration ?
Therefore Resolved, That His Excellency the Governor be
and he is hereby respectfully requested to communicate to
the Senate responses to the foregoing inquiries, together
with all such other matter and information that he may pos-
94
JOURNAL OF THE SENATE,
sess and think proper, therewith together with copies of all
such written correspondence as he may have had with the
official organs of the Confederate Government mentioned
and indicated in the above inquiries.
And that if there be any matter or thing connected with
a response to the foregoing enquiries that in the opinion of
His Excellency would be incompatible with the public in^
terest to make public at this time that he be respectfully
requested to communicate the same to the Senate in secret
session.
The rule being suspended the Senate took up the follow¬
ing bill from the House of Representatives :
A bill to consolidate the offices of Secretary of State and
Surveyor General, and to require all the duties of said offi¬
ces to be performed by the Secretary of State, and for oth¬
er purposes, which was read the first time.
The rule being suspended the Senate took up and read
the second time the following bills from the House of Rep¬
resentatives :
A bill to authorize the several Bdnks and banking insti¬
tutions located at Savannah to remove their places of busi¬
ness into the interior during the invasion of the enemy.
Also, a bill to authorize the administrator of the late
"William Williamson, of the county of Harris, to sell all the
lands belonging to the estate of the said William William¬
son, lying in the counties of Harris and Talbot at the Court
House in the county of Harris.
Also a bill to authorize the Ordinary of Brooks county to
draw a balance of the educational fund due said county for
the year 1SG0.
The rule being suspended the following bill from the
House of Representatives was taken up and read the first
time, to-wit:
A bill to change the name of the county of Cass, and for
other purposes.
On motion the Senate adjourned to three o'clock, P. M.
Afternoon Session, 3 o'clock, p. h.
The Senate took up as the report of the committee of the
whole, the following bills which were on motion severally
laid upon the table for the present, to-wit:
A bill to exempt practicing physicians in Jefferson coun¬
ty from road and jury duty.
Also a bill to authorize Judges of the Superior Courts in
MONDAY, NOVEMBER ISth, 1861.
95
tliis State on application of any wife for alimony who has
been sued by her husband for a divorce to hear the testimo¬
ny and determine accordingly.
Also, a bill to legalize the acts of G. J. Green as Deputy
Ordinary in the county of Spalding.
The Senate took up as the report of the committee of the
whole,
A bill to abolish imprisonment for debt on certain condi¬
tions.
The Judiciary Committee to which this bill was referred
reported the same back to the Senate with a recommenda¬
tion that the same do not pass.
Mr. Gordon offered a substitute entitled:
A bill to be entitled an act to amend an act to abolish
imprisonment for debt on certain conditions herein setforth,
and for other purposes.
Mr. Seward made a motion to strike out the words "truth
of1' in the third section, which was lost.
The report was agreed to, the bill was read the third time
and passed, 1
The Senate took up as the report of the committee of the
whole,
A bill to legalize and make valid certain acts and pro¬
ceedings of the Inferior Courts of the counties of Walker,
Catoosa and Dade in equipping and furnishing the volun¬
teer companies from said counties entering the service of
the Confederate States and of this State, and to confer upon
said codrts certain powers for like objects in future, and for
other purposes.
Mr. Lane offered the following amendment, which was
accepted, to-wit:
And be it enacted, That the several citizens of said coun¬
ties who have voluntarily contributed of their private means
to the equipping and furnishing the several volunteer com¬
panies already gone into the service of the Confederate States
or of this State be allowed to maXe affidavit before any offi¬
cer who may be authorized to administer oaths of the amount
or amounts which they or each of them may have so con¬
tributed as aforesaid, and that the said contributors be al¬
lowed as a credit the several sums in payment of their tax¬
es for county purposes in said counties as aforesaid.
Motions were offered as follows:
To extend the provisions of said bill to the counties in
said amendments, mentioned respectively, to-wit:
Mr. Hansell—to the counties of Cobb, Fulton and Clay¬
ton.
Mr. Brown—to the counties of Muscogee, Chattahoochee
and Marion.
Mr. Dyer—to the counties of Jasper, Morgan and Putnam.
9G
JOURNAL OF THE SENATE,
Mr. Patrick—to the counties of Franklin, Habersham and
Hart.
Mr. Gaston—to the counties of Meriwether, Coweta and
Campbell.
Mr. Kendall—to the counties of Upson, Harris and Tal¬
bot.
Mr. Vason—to the counties ofDougherty,Lee and Worth.
Mr. Ware—to the counties of Polk, Paulding and Haral¬
son.
Mr. Harris—to the county of Hancock.
Mr* Hill—to the counties of Wilkes, Lincoln and Colum¬
bia.
Mr. Beasley—to the county of Troup.
Mr. Anthony—to the counties of Clay, Randolph and
Terrill.
Mr. Bell—to the counties of Forsyth, Cherokee and Mil¬
ton.
Mr. Ware—to the county of Polk.
Mr. Smith—to the counties of Wilkinson, Jones, Twiggs,
Early, Miller and Calhoun.
The following amendments were also offered, to-wit:
Mr. Shewmake—Section , And be itfurthrr enacted, That
the provisions of this bill as far as Applicable, be extended
to the counties of Burke, Scriven, Bulloch, Dooly, Wilcox
and Pulaski.
Mr. Thomas Hilliard—to the counties of Clinch, Chat¬
ham, Bryan and Effingham.
" Mr. Stafford offered the following amendment:
That" the said Inferior Court shall have power to assess
the compensation of such Tax Collectors for collecting said
fund.
The bill was read the second time, and on motion of Mr,
Swearingen laid upon the table for the present, and fifty
copies ordered to be printed.
The Senate took tip as the report of the committee of the
whole,
A bill to add an additional section to the Penal Code of
Georgia.
The report was agreed to, the bill was read the third time
and passed.
On motion of Mr. Seward the ru'e was suspended and the
following resolution wTas taken up, read and adopted, to-wit :
Resolved, By the Senate that from and alter Thursday
next no new matter shall be introduced except such as shall
relate to the public credit, and providing the means for the
military defence of the country.
On motion of Mr. Anthony the rule was suspended and
the resolution relative to the duties of planters in reference
TUESDAY, NOVEMBER 19th, 1861. 97
to tlie culture of cotton was taken up and referred to the
Committee on Agriculture.
On motion of Mr. Beasley the rules were suspended and
a bill entitled an act more effectually to organize the Geor¬
gia Institution for the Deaf and Dumb, and for other pur¬
poses was taken up, read the second time and referred to
the Committee ou the Deaf and Dumb Asylum.
The memorial of Duff. Green in relation to the Dalton
City Company was presented to the Senate and read.
The Senate then adjourned until ten o'clock, to-morrow
morning.
TUESDAY, NOVEMBER 19th, 1861, >
10 o'clock, A. M. )
The Senate met according to adjournment, and was
opened witii prayer by tiie Rev. Mr. Lane.
Mr. Bell moved to reconsider so much of the Journal of
yesterday as relates to tlie action of Senate upon a bill
to amend an act to abloish imprisonment for debt upon cer¬
tain conditions, &c.
The motion to reconsider prevailed.
The following message was received from the House .of
Representatives, by their Clerk, Mr. Carrington :
Mn. Speaker:—I am directed by the House of Represen¬
tatives to inform the Senate that the House of Representa¬
tives have passed
A bill to be entitled an act to authorize the Justices of
the Inferior Courts of the several counties in this State,
from time to time, in their discretion, to levy such extra
taxes as they may deem necessary to equip volunteer or
other soldiers from their respective counties, and to pro¬
vide for the indigent families of soldiers ; to authorize the
collection of the same, and to legalize their previous action
in the premises, and for other purposes ; and I am directed
to transmit the same to the Senate forthwith.
Mr. Hansell moved to suspend the rule to take up and
read for the first time the bill just received from the House
of Representatives, which was agreed to.
The following bill from the House of Representatives
was then taken up and read the first time, to-wit:
A bill to authorize the Justices of the Inferior Courts of
the several counties of this State from time to time, in their
discretion, to levy such extra taxes as they may deem nec-
7
98
JOURNAL OF THE SENATE,
essary to equip Volunteers ot other soldiers from their re¬
spective cotmties, and to provide for the indigent families
of soldiers; to authorize the collection of the same, and to
legalize their previous action in the premises, and for other
purposes.
On motion of Mr. Hansell fifty copies of the bill were or¬
dered to be printed for the use of the Senate.
On motion the rule was suspended, and Mr. Vason of¬
fered the following resolution, to-wit:
Resolved, If the House of Representatives concur, that
in all elections by the General Assembly a record of the
vote or votes of each member shall be transmitted to the
Secretary of the Senate and the Clerk of the House, and
be by them spread upon the Journals of the respective
Houses. That no vote shall be changed after the member
announcing it so as to change or vary the result, and if no
election is then made, the roll shall be called and the vot¬
ing proceed as before.
The resolution'was taken up.
Mr. Hansell moved the following amendment to-wit:
To amend so as to make it only necessary for the Secre¬
tary to record the vote ot the Senators on his Journal, and
the Clerk of the House to record on his Journal the vote of
the House of Representatives, which was accepted.
Mr. Harris offered the following as a substitute for the
original resolution, which was lost, to-wit:
Rule 30th. In all elections for the presiding and other
officers of the Senate, and in all elections of the General As¬
sembly by viva voce, each Senator as his name is called shall
immediately rise from his seat and declare in a distinct and
audible voice the name of the person or persons for whom
he may vote without remarks of any kind, unless excused
from voting by a majority of the members of the Senate
present, and that his vote shall be entered on the Journal
of the Senate.
Mr. Gordon offered the following amendment, to-wit:
And be it further resolved, That in the election of Con¬
federate States Senators, the General Assembly will pro¬
ceed to ballot for one Senator at a time.
Mr. Mitchell offered the following amendment to the
amendment, to-wit:
So as to make said amendment read "ballot for two Sen¬
ators at once."
The amendment to the amendment was not agreed to.
The amendment was agreed to.
The resolution as amended was adopted.
TUESDAY, NOVEMBER 19th, 1SG1.
99
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President :—I am instructed by the House of Repre¬
sentatives to inform the Senate that they are now ready to
receive them in their Hall for the purpose of proceeding to
the election of two Senators to the Congress of the ConfedJ
erate States of America.
The rule being suspended, on motion of Mr. Seward the
Senate took up as the report of the committee of the
whole the following bill from the House of Representa¬
tives :
A bill to authorize the Ordinary of Brooks county to
draw a balance of the Educational Fund due said county
for the year I860.
The report was agreed to; the bill was read the third
time and passed.
The rule being suspended, on motion of Mr. Gordon, the
Senate took up a;S the report of the committee of the whole
a bill from the House of Representatives to authorize the
several banks and banking institutions located at Savannah
to remove their places of business into the interior during
the invasion of the enemy.
The report was agreed to ; the' bill was read the third
time and passed.
The special order, which was
A bill to incorporate the Planters' Insurance Trust and
Loan Company, was taken up and laid upon the table for
the present.
On motion of Mr. Seward the rule was suspended and he
offered the following resolution, which was taken up, read
4ind adopted, to-wit :
Unsolved by the Senate and Iloi/se of Representatives, That
■Georgia is deeply concerned in having the Boundary Line
between her and her sister State of Florida permanently
settled and fixed, an end to the unfortunate controversy
which has been pending so long is due alike to citizens of
"both States bordering upon the line of dispute. The settle¬
ment of this question is demanded, that no infringement of
the sovereignity of either State shall happen nor any ques-^
tions arise as to conflict jurisdictions. The undisputed
right of citizenship and allegiance should no longer be kept
in doubt, and the limits of the respective sovereignties
should be fully determined, recognised and understood.
The Legislature of Georgia desires to address the Legis¬
lative authority of Florida in a spirit of amity and kind¬
ness, and to appeal to her upon the principles of comity
and good neighborhood to contribute everything she can
•compatible with her honor and sense of right to the adjust-
100
JOURNAL OF THE SENATE,
ment of our unsettled boundary line, a source of irritation,
discontent and dissatisfaction.
The State of Georgia is not unaware of the points of dif¬
ference existing ever since the treaty between the United
States and Spain of 1795, and (even prior thereto), She
uuderstcod her boundary. The 3d article of the treaty of
1795 defines what should be the correct line of division,
, which is in these words :
"The southern boundary which divides their territory
from the Spanish colonies of East and West Florida, shall
be designated by a line beginning on the river Mississippi,
at the Northernmost part of the thirty-first degree ot lati¬
tude North of the Equator, which from thence shall be
' drawn East to the middle of the river Apalachicola or Chat- •
tahoochee, thence along the middle thereof to its junction
with the Flint, thence straight to the head of the JSt. Mary's
river, and thence down the middle thereof to the Atlantic
Ocean.7'
Commissioners were appointed under tbe" treaty to per¬
form their duty in running the line designated by the terms
thereof, and the mode of proceeding by said treaty is de¬
clared thus: ^
"In order to carry the preceding article (the 3d arti¬
cle) into effect, one commissioner and one surveyor shall be
appointed by each of the contracting parties, who shall
meet at the Natches on the other side of the Mississippi be¬
fore the expiration of six months from the ratification of
this convention, and they shall proceed to run and mark
this boundary according to the stipulations of said article;
they shall make plats and keep journals of the proceedings,
' which shall be considered part of this convention, and shall
have the same force as if they were inserted therein."
From the Mississippi to the Chattachoochee they exe¬
cuted their commission according to the stipulations of the
treaty. The remaining part of their duty they failed to
perform. The point of departure and the point of termin¬
ation are both fixed by t(ie treaty, and it is provided that
said commissioners should run and mark to and from these
points. The points referred to are from the junction of
the Flint and Chattahoochee rivers to the head of the St.
Mary's. It is a historical fact that no surveys were made
between the junction of the Flint and the "Chattahoochee
rivers and the head of the St. Mary's, on account of Indian
disturbances. That Ellicott designated on his plat mound
B, as being a little North of the head waters of the St.
Mary's, and being the Northern branch of the said river and
consented that this point should indicate the true source of
said stream, may probably be insisted upon, but the fact is
unquestionable that no such power was given him. He
having power to act as a simple commissioner, liis duties
TUESDAY, NOVEMBER 19th, 1861. 101
and powers being limited by the treaty which was the su¬
preme law of the land.
The evidence now exists that at the time the commission¬
ers were endeavoring to ascertain the head of the St. Mary's
river, on account of the heavy rains and heavy freshets con^
sequent thereupon, the low flat district of country from
whence the source of the river takes its rise, it was impos¬
sible tor them to determine the fact. In fact mound B i^
not near the head source of said river, which is now (since
the country is settled) capable of the fullest and most con¬
clusive proof.
Florida insists that mound B should be regarded the fixed
point to determine the head waters of the river St. Mary's,
Georgia insists that the most Southern branch of the river
is the longest, and has the greatest volume of water, and
therefore that the dividing line between the two States,
from the junction of that and the Chattahoochee rivers,
should be run to the head of the most Southern stream.
Thus it will be seen that if 'Georgia insists upon her view
of the subject, she will claim a considerable portion of the
territory of the State of Florida, and include many valu¬
able citizens within the jurisdiction of Georgia. On the
other hand, if Florida should adhere to her views, she would
embrace a portion ot the territory of Georgia, and also take
within her jurisdiction many of the recognized citizens of
Georgia.
It is obvious to the two States holding these adverse po¬
sitions, and insisting upon the abstract rights set up by
each, a settlement of the contested boundary is impossible
without long and tediouslitigation between the two States,
and before the Supreme Court of the Confederate States.
The two sovereignties from their positions, competent to
adjust their differences, it seems to the Legislature of Geor¬
gia, can be settled in a manner more compatible with the
dignity, peace, friendship, amity* and good will of both.
The General, Assembly, to avoid further dispute, propos¬
es to her sister State of Florida that what is denominated
as the Watson line, which will leave in the limits of this
State the fractional lots of land heretofore sold under an
act of her Legislature, shall be adopted as the boundary
line. The settlement upon this basis will not interfere
with the rights of citizenship as claimed by the citizens of
either State.
The positions of the two States, united by a common in¬
terest, and sharing perils alike with each other in resisting
a common enemy, are considerations which require that
border difficulties and all causes of irritation should be put
an end to.
Be it therefore Resolved, That his Excellency the Gover¬
nor be requested to transmit the foregoing preamble and
102
JOURNAL OF THE SENATE,
these resolutions to his Excellency the Governor of Florida,
with a request that he submit the same to the Legislature
of Florida. And
Resolved, further, That the Governor do appoint two
commissioners to visit the seat of Government ot the State
of Florida, who are hereby clothed with authority to nego¬
tiate and settle the boundary line with the authorities of
Florida upon the terms prescribed in the aforesaid recital
and preamble.
The rule being suspended, on motion of Mr. Kendall, the
Senate took up as the report of the committee of the
whole,
A bill from the House of Representatives to authorize
the Administrator of the late William Williamson, of the
county of Harris, to sell all the land belonging to the estate
of the said William Williamson, lying and being in the coun¬
ties of Harris and Talbot, at the Court House in the county
of Harris.
The report was agreed to; the bill was read the third
time and passed.
The rule being1 suspended, on motion of Mr. Boyd, the
following bill from the House of Representatives was taken
lip and read the second time, to-wit:
A bill to consolidate the offices of the Secretary of State
and Surveyor General, and to require all the duties of said
offices to be performed by the Secretary of State, and for
other purposes.
Mr. Boyd reported a bill to make effectual the second
clause of the 2d section of the -ith article of the constitution
of the State of Georgia,, and to prescribe more fully the
mode by which the rights and disabilities of parties in ac¬
tions of divorce shall be d^ermined ; which was read the
first time. *
Mr. Gordon reported a bill to fix and define the rank of
the Adjutant and Inspector General of the State of Georgia,
and to assign him a military Secretary; which was read the
first time.
Also, a bill to regulate foreign exchange; which was
read the first time.
Mr. Griffin reported a bill for the relief of Sumner W.
Baker a;nd Solomon B. Smith, Executors of the estate of
Benjamin Lane, late of said county deceased; which was
read the first time.
Mr. Gordon reported a bill to carry into effect the fourth
clause of the first section of the third article of the consti¬
tution of this State ; which was read the first time.
Mr. Hansell presented a petition from certain citizens of
TUESDAY, NOVEMBER 19tii, 1861. 103
the county of Fannin; which, without reading, was re¬
ferred to the committee on Petitions.
Mr. Harris reported a bill to repeal an act to regulate
the hours of labor by all wlaite persons under twenty-one
years in all cotton, woolen, and other manufacturing estab¬
lishments in this State, and for other purposes, which was
read the first time.
Mr. Jackson reported a bill to suspend the statute of
limitations, and for other purposes, which was read the first
time.
Also, the following amendment to the rules of the Sen¬
ate :
The Senate when in Executive session on any nomination
made by the Governor, which appointment requires that
the same be made by and with the advice and consent of
the Senate, the President shall appoint a committee of five
to confer with the Governor as to the propriety of such ap¬
pointment or confirmation of such person so nominated,
which committee shall make their report to the Senate im¬
mediately or at their next Executive session ; their report
through their Chairman, the information obtained, submit
the same to the Senate, who may proceed to vote upon the
nomination ; which was read.
Mr. Jamison reported a bill to authorize all Volunteers
and other troops in the service from this State to vote at
all elections without reference to the place where they
may be in service at the time of such elections, and for
other purposes, which was read the first time.
Mr. Killen reported a bill to incorporate a Bank in the
city of Savannah to be called the Cotton Planters' Bank, of
the State of Georgia, which was read the first time.
On motion of Mr. Killen fifty copies were ordered to be
printed for the use of the Senate.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President: I am directed by the House of Repre¬
sentatives to inform the Senate that they have concurred
in the follwing resolutions, relative to the mode &c., of
electing two Senators for the Congress of the Confederate
States of America, with a certain amendment, in which
they ask the concurrence of the Senate.
On motion the amendment of the House was concurred
in by the Senate.
Mr. Mitchell reported a bill to reimburse and pay by the
State to the several counties in this State all such sums of
money as they may have or shall hereafter pay for the equip¬
ment of Volunteers from their respective coanty, and for the
support of the indigent families of said Volunteers, and for
other purposes; which was read the first time.
104
JOURNAL OF THE SENATE,
Mr. Stafford reported a bill to relieve certain persons
from the pains and disabilities of a judgment of divorce ;
which was read the first time.
Also, a bill to authorize Guardians, Trustees, Executors,
and Administrators to invest in Confederate States bonds
and land and negroes'; which was read the first time.
Mr. Ware reported the following bill, which was read
the first time, to-wit:
An act to be entitled an act to authorize Polly Knowles,
a free person of color, to sell herself and children into per¬
petual slavery.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington:
Mr. President:—I am directed by the House of Represen¬
tatives to inform the Senate that the House of Represen¬
tatives is now ready to receive the Senate in their Hall for
the purpose of proceed'ng to the election of two Senators
for the Congress'of the Confederate States of America.
Mr. Dyer reported as duly enrolled and ready for signa-
iiature the joint resolution to bring on the election of Sen¬
ators to the Confederate Congress, at 11 o'clock A. M.,
Tuesday, 19th inst.
On motion the Senate repaired to the Hall of the House
Of Representatives, where they proceeded to the general or¬
der of the day, to-wit:
• The election of two Senators to represent the State of
Georgia in the Congress of the Confederate States of Amer¬
ica.
The following gentlemen were announced as candidates.
Mr. Gordon announced the name of the Hon. Robert
Toombs.
Mr. Bigham announced the name of the Hon. Benjamin
H. Hill.
FIRST VOTING.
Upon a call of the roll, those wTho voted for Mr. Hill
are:
Alexander, Beasley, Bell, Billups, Botliwell, Boyd,Brown,
Echols, Gaston, Harris, Jamison, Kendall, Killen, Lane,
McRae, Mitchell, Patrick, fcimmcns, Stephens, "Ware,
Wright. „
And those who voted for Mr. Toombs are :
Anthony, Dyer, Fletcher, Fort, Gibson, Gordon, Griffin,
Hansell, Hilliard Thomas, Jackson, King, Seward, Smith,
Stafford, Swearingen, Vason, Winn.
TUESDAY, NOVEMBER 19TH, 1861. *105
Those who voted for H. V. Johnson are :
Shewmake.
On the first voting, including the vote of the Senate and
House of Representatives—
Benjamin H. Hill received 127
Robert Toombs " — 68
' H. V- Johnson " 3
A. Iverson •" 1
Lane " " 1
Jackson " — 1
201
Whole number of votes, 201. Necessary to a choice,
lOi.
Benjamin H. Hill having received a majority of the votes
cast was declared duly elected.
The General Assembly then proceeded to the election of
another Senator.
SECOND VOTING.
On the first voting, upon a call of the roll, those who
voted for Mr. Iverson are :
Alexander, Beaseley, Bothwell, Brown, Fletcher, Gas¬
ton, Griffin, Hilliard Thomas, Jamison, Kendall, Killen,
McRae, Stafford, Swearingen, Vason, Ware.
Those who voted for Mr. Bethune are : Anthony.
Those who yoted for Mr. Toombs are :
Bell, Echols, Fort, Gordon, Hansell, Hill, Jackson, King,
Lane, Seward, Smith, Winn.
Those who voted for Mr. Thomas are : Billups
Those who voted for Mr. Jackson are :
Boyd, Patrick, Shewmake, Simmons, Stephens.
Those who voted for Mr. Johnson are :
Dyer, Gibson, Harris, Mitchell, Wright.
On the first voting for a second Senator, including the
vote of the House of Representatives—
Mr. Iverson received ,.. 85 voies.
Mr. Johnson " 22 "
Robert Toombs " 49
James W. Jackson received. ^ 35 "
G. E. Thomas " 1 "
James N. Bethune " 5
John P. King " 3 "
Joseph E. Brown " 1 "
201
106
JOURNAL OF THE SENATE,
The whole number of votes cast was 201. Necessary to
choice, 101.
Neither candidate having a majority of the whole num¬
ber of votes given, the General Assembly proceeded to a
second voting.
THIRD VOTING.
Upon a call of the roll those who voted for Mr. Iverson
are:
Alexander, Beasley, Both well, Brown, Gaston, Griffin,
Jamison, Kendall* Killen, McRae, Stafford, Swearingen,
Vason.
Those who voted for Mr. Toombs are :
Anthony, Bell, Billups, Dyer, Fletcher, Fort, Gordon,
Hansel], Harris, Hill, Hilliard Thos., Jackson, King, Lane,
Seward, Smith, Ware, Wipn.
Those who yoted for Mr. Jackson are:
Boyd, Echols, Mitchell, Patrick, Shewmake, Simmons,
Stephens.
Those who voted for Mr. King are: Wright.
On the second voting for the second Senator, including
the vote of the House of Representatives—
Alfred Iverson received 87 votes.
Robert Toombs te 67 "
James W. Jackson " 43 "
H.Y.Johnson " 1 "
King " -. 2 "
200
The whole number of votes given is 200. Necessary to
a choice, 101.
Neither candidate having received a majority of the
whole number of votes given, the General Assembly pro¬
ceeded to a third voting for a second Senator.
FOURTH VOTING.
Upon a call of the roll, those who voted for Mr. Jackson
are :
Alexander, Boyd, Mitchell, Patrick, Simmons, Stephens,
Wright.
Those who voted for Mr. Toombs are:
Anthony, Bell, Billups, Dyer, Echols, Fletcher, Fort,
Gibson, Gordon, Hansell, Harris, Hill, Hilliard Thomas,
Jackson, King, Lane, Seward, Shewmake, Smith, Swearin-
gin, Vason, Winn.
TUESDAY, NOVEMBER 19TH, 1861. 107
Those who voted for Mr. Iverson are :
Beasley, Bothwell, Brown, Gaston, Griffin, Jamison,
Kendall, Killen, McRae, Stafford, Ware.
On the third voting for a second Senator, including the
vote of the House of Representatives—
Alfred Iverson received 73 votes.
Robert Toombs 82 "
James W. Jackson received * 44 "
199
The whole number of votes given is 199. Necessary to
a choice 100.
Neither candidate having received -a majority of the
whole number of votes given, the * General Assembly pro¬
ceeded to a fourth voting for a second Senator.
FIFTH VOTING. •
Upon a call of the roll, those who voted for Mr. Jackson
are:
Alexander, Boyd, Mitchell, Patrick, Simmons, Stephens,
Wright.
Those who voted for Mr. Toombs are :
Anthony, Beasley, Bell, Billups, Dyer, Echols, Fletcher,
Fort, Gordon, Griffin, Hansell, Harris, Hill, Hilliard Thos.,
Jackson, Kendall, King, Lane, Seward, Shewmake, Smith,
Swearingen, Vason, Winn.
Those who voted, for Mr, Iverson are:
Bothwell, Brown, Gaston, Jamison, Killen, McRae, Staf¬
ford.
Those who voted for Mr. Hansell are : Ware.
Those who voted for Mr. Wilcher are : Gibson.
Upon the fourth voting, including the vote of the House
ofRepresentatives—
Mr. Toombs received 93 votes.
Mr. Iverson. u 58 "
Mr. Jackson u 47 "
Mr. Hans .11 " 1 "
Mr. Wilcher " 1
200
The whole number of votes given is 200. Necessary to
a choice, 101.
Neither candidate having received a majority of the whole
number of votes given, the General Assembly proceeded to
a fifth voting for a second Senator.
108
JOURNAL OF THE SENATE,
sixth voting. t
Upon a call of the roll, those who voted for Mr. Jackson
are :
Alexander, Boyd, Brown, Mitchell, Patrick, Simmons,
Stephens, Ware, Wright.
Those who voted for Mr. Toombs are:
Anthony, Beasley, Bell, Billups, BothwelUDyer, Echols,
Fletcher, Gaston, Gibson, Gordon, Griffin, Hansell, Harris,
Hill, Hilliard Thos., Jackson, Jamison, Kendall, Killen,
King, Lane, McRae, Seward, Shewmake, Smith, Stafford,
Swearingen, Vason, Winn.
On the fifth voting for a second Senator, including the
vote of the House of Representatives-
Mr. Toombs received, 129 votes.
Mr. Jackson " - 67 "
Mr. Johyson " 1 vote.
197
The whole number of votes given is 197. Necessary to
a choice, 99.
Mr, Toombs having received a majority of the whole
number of votes given, was declared duly elected.
The Senate taen repaired to the Senate Chamber, when
On motion the Senate adjourned until 10 o'clock to-mor¬
row morning.
WEDNESDAY, NOVEMBER 20th, 1861, }
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Smith.
On motion of Mr. Lane, the rul6 was suspended and the
special order postponed.
The Senate took up as the report of the committee of the
whole,
A bill to legalize and make valid certain acts and pro¬
ceedings of the Inferior Courts of the counties of Walker,
Catoosa and Dade, in equipping and furnishing the volun¬
teer companies from said counties, entering the service of
the Confederate States or of this State, and to confer upon
said Courts certain powers for like objects in future, and for
other purposes.
Mr. King moved to amend the bill so as to include the
counties of Glynn, Camden and Charlton, which was accep¬
ted.
WEDNESDAY, NOVEMBER 20th, 1SG1. 109
Mr. Wright moved to amend by adding the counties of
Johnson, Emanuel and Laurens.
Mr. Gordon offered as a substitute for the original bill,
a bill to legalize and make valid the acts and proceedings
of the Inferior Courts of the several counties of this State
in equipping and furnishing the volunteer companies from
said counties, entering the service of the Confederate States
or of this State, and to confer upon said Courts certain
powers for like objects in future, and for other purposes 5
which substitute was adopted.
Mr. Dyer offered the following amendment, to add, "in
levying extra taxes," third line first section, which was act
■cepted.
Mr. Hill moved to amend by adding the following sec¬
tion :
And le it further enacted, That all acts of the Inferior
Courts of any of the counties of this State in borrowing
money, issuing bonds or notes, or that may thereafter bor¬
row money, issue bonds or notes for any or all of the pur¬
poses mentioned in the before recited act, be and the same
are hereby made legal and valid.
On motion of Mr. Vason, the report with the several
amendments were laid on the table.
The rule being suspended, the Senate took up and read
for the second time the following bill from the House of
Representatives :
A bill to authorize the Justices of the Inferior Courts of
the several counties of this State from time to time, in their
discretion, to levy such extra taxes as they may deem ne¬
cessary to equip volunteer or other soldiers from their re¬
spective counties, and to provide for the' indigent families of
soldiers, to authorize the collection of the same, and to le¬
galize their previous action in the premises, and for other
purposes.
On motion, the bill was referred to the committee on Fi¬
nance.
On motion of Mr. Hansell, the Senate took up the bill
which had been laid upon the table, to legalize and make
Valid the acts of the Inferior Court of the several counties
of this State in equipping volunteers, &c.
Mr. Swearengen offered the following amendment; strike
out and insert the following : "Have contributed in money
only."
The bill was then referred to the committee on Finance.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President:—I am instructed by the House of Rep¬
resentatives to inform the Senate that they have adopted a
110
JOURNAL OF THE SENATE,
resolution authorizing the Governor to issue a Grant to lot
of land number ten, in the lltli district of Mitchell county.
On motion of Mr. Alexander, the Senate took up and
read for the first time the following bill from the House of
Representatives: v
A. bill to authorize the Ordinary of DeKalb county, to
grant letters of Administration on the estate of Thomas H.
Chivers, deceased, of said county.
The Senate took up as the report of the committee of
the whole, the special order, which was a bill to prevent,
during the existing- war, monopolies and speculation in
breadstuff? and other articles of consumption.
The Judiciary Committee, to whom the bill was referred,
reported it back to the Senate with a substitute, with the
recommendation that it do pass.
Mr. Simmons offered the following amendment:
It shall not be lawful for any person within the limits of
this State, in person, by agent or otherwise, to sell flour for
more than eight dollars per barrel, which was withdrawn.
Mr. Wright moved to amend by inserting, "iron, steel
and nails," after the other articles therein specified.
Mr. Seward offered to amend the amendment of Mr.
Wright by adding, Hrace chains, weeding and plow hoes,
which was accepted.
The amendment of Mr. Wright w^s lost.
Mr. Patrick offered the following amendment:
"Strike out worcts 'sixty per centum, and insert 'one
hundred per centum,' on salt," which -was lost.
Mr. Shewmake moved to amend by adding the following
section:
And be it further enacted, That half of the tine money col¬
lected by the violations of the provisons of fhis act shall be
paid to the informer or prosecutor, which was withdrawn.
Mr. Furlow offered the following proviso:
Provided, That the penalties and provisions of this act
shall not apply to such stock as may now be in the hands of
regular merchants, and which may have been purchased by
them within the last thirty days.
Mr. Swearengen offered the following as a substitute for
the amendment of Mr. Furlow :
Provided, that nothing in this act shall apply to any per¬
son or persons who have heretofore or shall hereafter pur¬
chase any of said articles, in good faith, for sale to any of
his or their customers, who shall sell the same at not a great¬
er per centum on his said purchase than fifty percent, and
WEDNESDAY, NOVEMBER 20th, 1861. Ill
the price in good faith paid by him or tliem for said arti¬
cles, which was lost.
Mr. Seward moved to amend the amendment of Mr. Fur-
low by adding, "for their local and regular customers,"
which was accepted.
The amendment of Mr. Furlow, as amended, was passed.
Mr. Seward offered the following amendment : include
bagging and rope in the first and second section, after the
words "cotton cards."
Mr. Gibson offered as an amendment to the amendment :
Add after the word rope, in the amendment, beef, tallow,
mutton, butter, wool, jeans, shirtings, stripes, meal, whis¬
key, brandy, coffee, corn, Tobacco ; which was lost.
The amendment of Mr. Seward was agreed to.
Mr. Gordon offered the following amendment which was
agreed to :
Provided, That this act shall expire on the first day of De¬
cember, 1862, unless re-enacted by the next General Assem-
bly.
The report, as amended, was agreed to, the bill was read
the third time and passed. ,
On motion of Mr. Swearengen, the rule was suspended,
and the following resolution from the House was taken up,
read and adopted, to-wit:
Whereas, Lot of land number 10, in the lltli district of
originally Early, now Mitchell county, was reserved among
others for school purposes, and not drawn for in the land
lottery ; and whereas, said lot, number 10, was sold under
executive order, at public out-cry, and knocked off to one
Bradley for a valuable consideration ; whereupon, the said
Bradley received from the Sheriff, making the sale afore¬
said, a certificate of said sale and purchase, upon which to
receive a grant of said lot, number 10 ; and whereas, said
certificate was transferred to one John M. Robinson, and by
said Robinson to John Sapp, of Mitchell county, which
Certificate has been lost and destroyed ; therefore be it
Resolved by the General Assembly, That the Governor be
authorized to cause to be issued to said Sapp, a grant to said
lot of land, number 10, in the lltli District of originally
Early, now Mitchell county.
On motion of Mr. Hansell, the rule was suspended and
the following bill from the House was taken up, to-wit:
A bill to consolidate the offices of Secretary of State and
Surveyor General, &c.
Mr. Mitchell reported the following amendment, to-wit:
The offices of Secretary of State and Treasurer shall be
112
JOURNAL OF THE SENATE,
consolidated, and the offices of Comptroller and Surveyor
General shall be consolidated, which amendment was lost.
The report of the committee was agreed to.
The bill was read the third' time and passed.
The following message, was received from His Excellency
the Governor, by Mr. Waters, his Secretary, to-wit:
* Mr. President 1The Governor has approved and signed
the following resolutions, to-wit:
A resolution authorizing the committees on Finance, of
the Senate and House of Representatives, to act as a joint
committee, td report appropriate bills to the House of Rep¬
resentatives, (where alone such bills can originate,) upon
the following subjects :
First, Authorizing the Inferior Courts of the several
counties in this State, to levy such extra tax! as may be ne¬
cessary to defray expenses incurred in raising and equipping
companies for the war, &c.
Second, For equalizing the burdens throughout the State,
so that each county may bear itgpro rata share of said bur¬
den ; and
Third, Authorizing the assumption by the State, of tlie
existing Confederate War Tax.
Also, a resolution requiring the Judiciary committee to
enquire into the power of the! General Assembly, to sup¬
press unjust speculation, monopoly and extortion, and to re¬
port a bill, &c.
Also, a resolution constituting the committees of the
Senate and House of Representatives 011 the Deaf and Dumb
Asylum, a joint Standing Committee for the investigation
of the affairs of the same ; and that the Governor furnish
said committee with any document or communication which
he may be in possession of, pertaining to said Asylum.
The following message was received from His Excellen¬
cy the Governor, by Mr. Waters, his Secretary, to-wit:
Mr. President:—I am directed by His Excellency the Gov¬
ernor, to deliver to the Senate a communication 111 writing,
with accompanying documents.
On motion of Air. Killen, Mr. Gordon was added to the
f committee 011 the military.
On motion the Senate adjourned to 3 o'clock P. M.
Three o'clock p. m. *
Senate met according to adjournment.
The Senate took up as the report ol the committee of the
whole,
WEDNESDAY, NOVEMBER 20th, 1861. 113
A bill to provide for the safety of property or funds in
the hands of Guardians, Administrators, or Administra¬
trixes.
The report was agreed to, the bill was read the third time
and passed.
On motion of Mr. Gordon, the rule was suspended, in or¬
der to take up the message of the Governor received this
morning.
The message was taken up and read as follows, to-wit:
Executive Department, )
Milledgeville, November 19th, 1861. )
To the Senate :
In response to the call made upon me by the Senate, I
herewith transmit copies of such correspondence between
me and the Secretary of war, relating to the defence of the
coast of Georgia as is in my judgment proper to be made
public at this time.
By reference to this correspondence it will be seen that I
have from time to time, since April last, urgently urged up¬
on the Secretary of war to place upon the coast of this
State such force as was necessary to the protection and se¬
curity of our people.
While his responses to my various calls have been kind
and conciliatory, promising the protection which might be
needed, his sense of duty has caused him to withhold as
large a force as I have considered necessary, or the embar¬
rassments by "vfahich he has been surrounded have rendered
it impossible to do what his sense of propriety dictated.
The Convention of this State, in March last, passed an
ordinance transferring the forts and arsenals acquired from
the Government of the United States to the Confederate
States. At that time there were not sufficient guns and
ammunition in either of the forts for its successful defence
against a heavy attack. No steps were taken so far as I
know, or believe, by the Confederate Government to place
additional guns, shot, shell or powder, in the forts ; and I
was compelled to purchase the necessary supplies with
money from the Treasury of the State, and to place them at
the disposal of the Confederate General in command, or to
permit the forts to remain in a condition that they might
fall an easy prey to the attacks of a hostile fleet. In this
supply I expended over one hundred thousand dollars.
As. the Confederacy was not prepared with troops to take
charge of the forts immediately after the passage of the
ordinance, they remained in the possession of Georgia, oc¬
cupied by her regular troops till these troops were transfer¬
red to the Confederacy, 1st May last, when they passed into
the possession of the Confederate authorities, together with
the heavy guns and ammunition placed in the forts by the
8 •
114 JOURNAL OF THE SENATE,
:State. No compensation has yet been made to the State
for these supplies. I also transferred to the Confederacy
the Arsenal at Augusta, with all the guns acquired from the
United States, which were in the arsenal at the date of the
passage of the ordinance requiring the transfer. The guns
previously taken from the arsenal with which to arm our
volunteers, and which I wras not required to transfer, have
all gone into the service of the Confederacy in the hands of
Georgia troops, together with all the small arms purchased
by the State, except those now in the possession of our
State troops. About twenty thousand armsjaelonging to
the State have, in this manner, gone into the Confederate
service. The exact number cannot be given as the State's
arms were frequently carried to Virginia in the hands of vol¬
unteer companies belonging to independent regiments, of
which I have no account, as they were frequently seized and
-carried out of the State without my knowledge or consent.
I considered all the guns which have gone into the Confed¬
erate service in the hands of Georgia volunteers, except
those mentioned in my letter to the Secretary of war,
which were taken from the arsenal after the passage of the
ordinance for its transfer, to be still the property of this
State. No compensation has been paid to the State for the
guns, about twelve thousand in number, which were trans¬
ferred with the Augusta arsenal, nor do I understand that it
was the intention of the convention to require the Confed¬
eracy to pay a pecuniary compensation for the guns which
had been acquired from the United States, apd which were
required by the ordinance to be transferred, any more than
it was their intention that a pecuniary compensation should
be paid by the Confederacy to the State for the forts and
. arsenals. The Convention by the ordinance, transferred the
title of the arms then in the forts and arsenals to the Con¬
federacy, but left it to the discretion of the Executive,
-whether he would transfer to the Confederacy the other
arms belonging to the State. I did not think it best to
transfer the title to all our small «arms to the Confederacy
but I permitted them all to go into the service as State
arms.
The steamer Savannah which cost the State $40,000, was
transferred to the Confederacy for $20,000 in cash and
$20,000 in Confederate State Bonds. The money and bonds
received in payment have been and are being expended by
the Quartermaster General of the State for supplies for the
rtroops and for other military purposes. The Secretary of
war refused to purchase the steamer Huntress which cost
*the State $15,000, in New York. The steamer was in pos¬
session of Commodore Tatnall in the State service, and af¬
ter he entered the Confederate States' service, he retained
-and still retains the possession and management of her in
WEDNESDAY, NOVEMBER'20TH, 1861. 115
bhe inland waters of this State and South Carolina. I hope
to be able to transfer this steamer, also, to the Confederacy,
at a future day, for the amount she cost the State, to be
paid for in Confederate Bonds or Notes. I transmit a copy
of the correspondeijee between myself and the Secretary
of War, relative to the transfer of the forts, arsenals and
arms.
In response to that portion of the resolution which re¬
lates to the present number of Confederate troops now on
our coast, I have to state my information, is that there are
about 5,500. In addition to this number, ten thousand
others will in my opinion, be necessary to repel the invasion
and defend the coast. I may also state, that General Lee ex¬
presses a dfesire that I hold a reserve of ten thousand men,
in camp, in readiness to reinforce the Confederate troops,
on the coast, at any time when needed.
The estimate made in my annual message of the amount
necessary to sustain our military operations for the present
fiscal year, was based upon a smaller number of troops. If
ten thousand troops are to be called into the field, my opin¬
ion is an appropriation of at least five millions of dollars
will be necessary.
I believe the correspondence herewith submitted will furn¬
ish a sufficient reply to the other points contained in the
resolutions.
During the summer months the State was not invaded,
and I could not say that the danger of invasion was so im-
inent as to admit of no delay. I did not feel, therefore,
that I was at liberty to call out and maintain a heavy force
on the coast on State account, or that it was my proper
province to take charge of the erection of the necessary
fortifications. This duty under the Constitution properly
devolved upon the Confederate Government; and I did not
feel at liberty to assume the exercise of powers which pro¬
perly belonged to that government.
Early in September 1 visited the sea board and found on¬
ly about three thousand Confederate troops stationed there
to defend the city of Savannah, and about one hundred and
ten miles of coast. I considered this force entirely inade¬
quate to the task, as the correspondence will show, I had
repeatedly offered to supply a larger number of troops
if the Secretary of War would make requisition upon me
for them, for our defence. He had not thought proper to
increase the number beyond that above mentioned, and there
was no requisition upon me for any additional number.—
The season was so far advanced that I considered the dan¬
ger too iminent to admit of further delay, and I considered
the force too weak to make even a respectable show of re¬
sistance to an invading fleet as large as the Government of
the United States was likely to send upon our coast, as soon
116
JOURNAL OF THE SENATE,
as they could venture in our climate. Under these circum¬
stances I did not feel that I should be justified should I
longer delay active preparation for our defence by organ¬
izing State troops and holding them in readiness, in case of
attack, to act in concert with the small Confederate force
upon the coast. I have, therefore, called out the State
troops, as it was my duty to do under the act of the last
Legislature, and I shall have completed the organization of
the first Division within the next few days.
As the General Assembly has already been informed, the
military appropriation is exhausted, and it will j?e impossible
for me to maintain the troops in the field much longer, un¬
less further appropriation be made. Since the commence¬
ment of the session, some of the articles necessary to sup¬
ply the army have risen over thirty five per cent, in the
market ; whether the further delay in procuring the sup¬
plies which must result from withholding the appropriation,
is compatible with the public interist, is a question which
demands the serious consideration of the General Assem-
b!y.
I am aware that it may be insisted that the Confederate
Government shall take upon itself the entire expense of our
defence. It is admitted that this is correct in principle,
and the willingness of that Government to do its duty to
the State, to the extent of its ability is not questioned. Thus
far, however, the Confederate Government has not placed
upon our coast a sufficient number of troops for our protec¬
tion, and the question presented for our present considera¬
tion is, whether we will assist the Confederacy and defend
ourselves, or wait until the Confederacy is prepared to de¬
fend us, and risk the disasters which may in the mean time
befall us on account of our delay. My own opinion is that
it is not now the time to stop to count the cost, but that
we should call out as many troops as may be necessary to
repel the invader, should he appear either upon the sea
coast or upon the borders of Tennessee, whether it may
take ten thousand or twenty thousand men, or whether it
may cost five or ten millions of dollars. I ask in the name
of the people, that their Representatives place at my com¬
mand the men and money necessary to accomplish the ob¬
ject.
JOSEPH E. BROWN.
On motion, the message with the accompanying docuL
ments was laid upon the table for the present.
The Senate took up and read for the second time a bill
fixing the fees of the ordinaries of the State of Georgia.
The bill was referred to the Judiciary Committee.&
The Senate took up a bill to amend an act to provide for
the public defence, and for other purposes, assented to De-
WEDNESDAY, NOVEMBER 20th, 1861. 117
cember 18th, 1860 ; which was read the second time and
referred to the Military Committee,
The Senate took up a bill to amend an act incorporating
the North Western Bank of Georgia which was read the se¬
cond time and referred to the committee on Banks.
The Senate took up a bill for the relief of Andrew M.
Hamilton of Whitfield county, from the payment of certain
judgment, and forfeiture rendered against him ; which was
read the second time and ordered to be engrossed.
The following bills were taken up, read the second time
and referred to the committee of the whole :
A bill, to alter and amerid the several acts incorporating
the city -of Atlanta, in Fulton county, Georgia.
Also, a bill for the relief of Moses Formby of the county
of Floyd, a school teacher, under the acts in relation to
common schools.
Also, a bill to authorize Dr. Rufus Barker of the county
of Floyd, to practice medicine and to grant to him the right
to collect, bylaw or otherwise, all proper claims for profes¬
sional services rendered, and for other purposes, &c.
Also, a bill for the relief and protection of the rights and
property of the minor children of Sophia McBride of Har¬
alson county, Georgia,
Also, a bill to authorize the Ordinary of to
admit to record the last will and testament of Thomas Al¬
len, late of said county, deceased, and for other purposes.
Also, a bill to authorize the Administrators of the estate
of James Connell, deceased, to sell the real estate of said
deceased at private sale.
Also, a bill to authorize Susan B. G. McGuire, Guardian
of George L. McGuire, to turn over to her said ward his
proper share of her deceased husband's estate, and to make
valid the same, and for other purposes.
Also, a bill to regulate foreign exchange.
Also, a bill to carry into effect the fourth clause of the
first auction of the third article of the Constitution of this
State.
Also, a bill for the relief of Sumner W. Baker and Solo¬
mon B. Smith, Executors on the estate of Benjamin Lane,»
late of said county, deceased.
Also, a bill to reimburse and pay by the State to the sev¬
eral counties of this State, all such sums of money as they
may or shall have paid for the equipment of volunteer com¬
panies from their respective counties, and for the support of
indigent families of such volunteers, and for other purposes.
Also, a bill to incorporate a bank in the city of Savannah,
to be called the Cotton Planters' Bank of the State of Geor-
gia.
The following bills were severally taken up, read the se¬
cond time and referred to the Judiciary Committee:
il8 journal of the senate,
A,bill to carry into effect the 15th clause of the first arti¬
cle of the Constitute n of the State of Georgia.
Also, a bill in reference to the costs in criminal cases, and
to provide for payment of witnesses by the party convicted.
Also, a bill to authorize continuance _ of causes pending
in the Superior and Inferior Courts of this State, during the
war, in certain cases.
Also, a bill amendatory of an act incorporating the Dalton
City Company, approved February 23d, 1850, and to add
an additional section thereto, and for other purposes.
Also, a bill to make effectual the second clause of the
second section of the fourth qjticle of the Constitution of
the State of Georgia, and to prescribe more fully the mode
by which the rights and disabilities of parties in actions of
divorce shall be determined.
Also, a bill to suspend the Statutes of limitations, and for
other purposes. »
Also, a bill to authorize Guardians, Trustees, Executors
and Administrators to invest in Confederate States' Bonds
and land and negroes.
Also, a bill to relieve certain persons from the pains and
disabilities of a judgment of divorce.
Also, a bill to authorize Polly Knowles, a free person of
color, to sell herself and children into perpetual slavery.
The following bill was taken up, read the second time
and referred to the committee on Agriculture.
A bill to repeal an act to regulate the hours of labor by all
white persons undeis twenty-one years of age in all cotton,
woolen, and other manufacturing establishments in this
State, and for other purposes.
The following bill was taken up, read the second time
and referred to the Military Committee :
A bill to define and fix the rank of Adjutant & Inspector
General, and to allow him a Military Secretary.
The following bill was taken up, read the second time
and referred to the committee on Elections :
^ A bill to authorize volunteers and other troops in the ser¬
vice from this State, to vote at all elections without refer¬
ence to the place where they may be in service at the
time of such elections, and for other purposes.
The following bill was taken up, read the second time
and referred to the committee on Banks:
A bill to amend the act incorporating the Bank of Ful¬
ton.
The Senate, on motion, adjourned until 10 o'clock to-mor-
rpw morning.
THURSDAY, NOVEMBER 21st, 1861. 119-
THURSDAY, NOVEMBER 2 1st, 1861, >
10 o'clock, a. m. >
The Senate met according to adjournment and was open¬
ed with prayer by the Rev. Mr. Echols.
The following bills were reported and read the first time:
Mr. Anthony—a bill to repeal so much of the twelfth
section of an act to carry into effect that part of the first
section of the Constitution, which requires the establish¬
ment of a Supreme Court for the correction of errors and
to organize the same and to regulate the proceedings there¬
of.
Also, a bill to consolidate the offices of Clerk and Report¬
er of the Supreme Court of Georgia.
Mr. Bell—a bill to define the cost of Ordinaries and Clerks;
of the Superior Courts in certain cases, and for other pur¬
poses.
Also, a bill to confer certain powers on the Inferior Courts
of this State in relation to the receipt and disbursement of
the common school fund, and for other purposes.
Mr. Bell also reported the following, resolution:
Resolved, That the Committee on Military Affairs be and
it is hereby instructed to inquire into the expediency of re¬
vising the Militia systern of this State, and report by bill
or otherwise, as early as practicable the best means of revi¬
sing it.
Also, a bill to define the duties of the clerks of the Supe¬
rior and Inferior Courts of this State, in certain cases.
Mr. Dyer, Irom the Committee on Enrollment, reported
as duly enrolled and ready for the signature of the President
the following House bills, to-wit:
An Act to authorize the several Banks and banking insti¬
tutions located at Savannah to remove their places of busi¬
ness into the Interior during the invasion of the enemy.
Also, an act to authorize the administrator of the late
William Williamson, of the county of Harris, to sell all the
lands belonging to the estate of the said William William¬
son, lying and being in the counties of Harris and Talbot,
at the Court-house in the county of Harris.
Also, an act to authorize the Ordinary of Brooks county
to draw a balance of the educational fund due said county
for the year 1861.
Hr. Boyd reported the following resolution:
ilesolved, By the Senate that His Excellency the Govern¬
or do forthwith communicate to this branch of the legisla¬
ture the official report of the Superintendent of the Western'
and Atlantic Railroad for the past year.
Which was read.
120
JOURNAL OF THE SENATE,
Mr. Brown reported a bill to incorporate in
Georgia, an insurance company to be called
Southern Insurance Company," which was read the nrst
time.
Mr. Furlow introduced the following resolutions, to-wit:
Whereas, The experience of several months campaign
has demonstrated the fact that the constitution and health
of our troops from South-western Georgia raised as they
have been in a climate almost tropical, are not adapted to
and cannot withstand the rigorous climate of Western and
North-western Virginia, and as it is evident that the lives
of very many of our best citizens must be sacrificed if the
authorities persist in retaining such troops among the moun¬
tains during the winter.
And Whereas, Said troops have already encountered and
borne even more than their appropriate share of the priva¬
tions and hardships of our soldiery, and in many instances
companies have lost by deaths and discharges nearly half
their original number, and such loss as yet promises no
abatement, but is fearfully on the increase.
And Whereas, It is not the policy of our government tin-
necessarily to inflict privations and sacrifices upon our vol¬
unteer soldiery, but on the contrary to show mercy, promote
health and protect life by every available means in its pow¬
er which in this case can be readily and easily done by a
transfer of said troops to some point further South, and fill¬
ing their places with forces from the vicinities vacated by
them.
Be it therefore Resolved, By the General Assembly of Geor¬
gia, That the President of the Confederate States, and the
Secretary of War, be and are hereby respectfully requested
for the sake of mercy and humanity to remove all the Regi¬
ments, especially the 1st and 12th Regiments, of Georgia
volunteers now doing service in Western and North-western
Virginia to some station further South, where their heaHh
may be restored, their lives preserved and their valuable
services retained thereby to the Government.
Resolved, Secondly, That the Legislature of Georgia do not
make this request in a spirit of unnecessary complaint or
fault-finding, nor from any disposition to favor our State
troops above any others from a similar climate, but from a
firm conviction of its absolute necessity in preserving the
health and lives of our sons and brothers, and in behalf of
mothers and sisters whose hearts have been often made to
bleed by the intelligence of the privations of their sons and
brothers in that most inhospitable clime.
Resolved, Thirdly, That His Excellency the Governor be
requested to transmit copies of this preamble and resolutions
to President Davis, the Secretary of War, and to one of our
delegation in the Provisional Congress.
THURSDAY, NOVEMBER 21st, 1861. 121
Mr. Boyd reported the following amendment which was
accepted, to-wit:
After the word " Regiments " insert " and Legions."
Mr. Furlow offered the following amendment which was
agreed to, to-wit:
Strike out " especially the 1st and 12th Regiments."
Mr. Lane offered the following amendment, which was
agreed to, to-wit:
Propided it be compatible with the public intei-est.
Mr. Bell offered the following amendment which was ac¬
cepted, to-wit:
To strike out the words " South-western."
Mr. Hansell offered the following amendment which was
accepted:
jStrike out the words " persist in retaining " and insert "if
such troops are retained."
Mr. Vason offered the following amendment, which was
withdrawn, to-Wit:
Strike out the whole of the second paragraph of the pre¬
amble.
Mr. Yason offered the following amendment which was
accepted, to-wit:
Strike out in the second paragraph of the preamble the
words " even more than their proportionate," and insert in
lieu thereof the words " their full."
Mr. Hansell offered the following preamble and resolutions
as a substitute which was lost, to-wit:
Whereas, In view of our almost tropical climate whence
so many of our brave troops have gone^romptly to the de¬
fence of our country, and in view of the rigors of the inhos¬
pitable climate of North-western Virginia much suffering
and loss of most valuable lives will result from the winter¬
ing of Georgia troops in that ungenial climate :
Therefore Resolved, That we earnestly, but most respect¬
fully, urge upon our Confederate Government to take this
subject into early consideration, and direct such changes in
the location of our troops as the dictates of humanity and
sound policy may require. Hereby enunciating our abiding
confidence in the patriotism and ability of our Confederate
Government.
2. That a copy of these resolutions be transmitted to the
President and Secretary of War; algo, one copy to each of
our Senators and Representatives in Congress.
The resolution of Mr. Furlow as amended was agreed to,
and on motion it was ordered that the same be transmitted
to the House of Representatives immediately.
Mr. Gibson reported a bill to incorporate the Georgia Tel¬
egraph Company, which was read the first time.
122 JOURNAL OF THE SENATE,
Mr. Stafford, from the joint and select Committee on Re¬
duction of fees and salaries, made the following report. J he
joint and select Committee on the reduction of fees and sal¬
aries, beg leave to report that they have had the subject un¬
der consideration and have, agreed upon a report to be made
to the House of Representatives of two bills fixing the fees
and salaries of all the civil and judicial officers of the State.
They have also had under consideration " a bill to be en-.
titled an act to reduce the salaries and fees of all officers
civil and judicial in this State," referred to them by the
Senate, and report the same back with a recommendation
that it do not pass.
Having fully reported they beg to be discharged from fur¬
ther consideration of the subject.
S. S. STAFFORD, Chairman.
Mr. Gordon reported a bill to authorize the connection of
the rail-road of the Savannah, Albany & Gulf Railroad com¬
pany with the rail-road of the Central Railroad and Bank¬
ing Company of Georgia, by a track running through or
around the city of Savannah, which was read the first time.
Mr. Gordon offered the following resolution:
Resolved, If the House of Representatives concur, that
this General Assembly will adjourn sine die on Saturday,
November the 30th.
Mr. Gibson offered the following substitute :
Resolved, That a committee of three be appointed by the
President to meet a like committee of the House to ascer¬
tain the condition of the business of the General Assembly
and report an early day for the adjournment of the same,
which was lost.
The resolution of Mr. Gordon was agreed to.
Mr. Killen, from the Military Committee, made the fol¬
lowing report:
The committee to whom a preamble and resolution con¬
cerning the defence of certain Railroad bridges were refer¬
red have according to order had the same under considera¬
tion, and have directed me to report the same with amend¬
ment, which I am ready to do when the Senate pleases to
receive it.
Said committee recommend that all said resolution after
the preamble be stricken out and the following be substitu¬
ted in lieu thereof:
Resolved, By the Senate, the House of Representatives
concurring, that His Excellency the Governor of Georgia
be and he is hereby authorized and respectfully requested
to detail from the forces now in active service a sufficient
number of men to guard such railroad bridges as he may
consider in need of military defence, and that with such
amendment the same do pass.
SAM'L. D. KILLEN, Chairman.
THURSDAY, NOVEMBER 21st, 1861. 123
Said Committee to whom was also referred a certain bill
to be entitled &n act to fix and define the rank of the Adju¬
tant and Inspector General of the State of Georgia, and to
assign him a military Secretary have according to order had
also the same under consideration, and have directed me to
report the same witho.ut amendment, and recommend that
the same do pass.
All of which is respectfully submitted.
SAM'L. D. KILLEN, Chairman.
Mr. Jackson reported a bill to amend the charter of Chero¬
kee Insurance & Banking Company so as to reduce the capi¬
tal stock of said bank to release the same from extra tax as¬
sessed against the said bank, and for other purposes, which
was read the first time.
Mr. Mitchell reported a bill to repeal an act to regulate
the agencies of foreign insurance companies, and to provide
for the appointment of an Insurance Commissioner, assented
to the 12th of December, 1859.
Mr* Stephens presented a petition which without being
read was referred to the Committee on Petitions.
Mr. Stephens also reported a bill to declare certain offi¬
ces in this State vacant in certain cases, and to provide for
filling such vacancies, which Was read the first time.
Mr. Seward, chairman of the Judiciary Committee, made
the following report:
A bill to make effectual the second clause of the second
section of the fourth article of the Constitution of Georgia,
and to prescribe more fully the mode by which the rights
and disabilities of parties in actions of divorce shall be de¬
termined having had the same under consideration, report
the same back to the Senate and recommend it do pass.
Also, a bill to relieve certain persons from the pains and
disabilities of a judgment of divorce, report the same back
to the Senate and recommend it do pass with an amendment.
Also, a bill to amend an act entitled an act to provide for
the public defence, and for other purposes, assentsdto 18th
December, 1860, report the same back to the Senate and
recommend it do pass.
Also, a bill to suspend the statute of limitations, and for
other purposes, report the same back to the Senate, and rec¬
ommend it do pass.
Also, a bill to authorize Guardians, Trustees, Executors.
and Administrators to invest in Confederate States Bonds
land and negroes, report the same back to the Senate and
recommend it do pass.
Also, a bill to authorize continuances of causes pending
in the Superior and Inferior Courts of this State during the
war in certain cases, report the same back to the Senate and
recommend it do pass with an amendment.
124 JOURNAL OF THE SENATE,
Also, a bill fixing the fees of the Ordinaries of the State
of Georgia report the same back to the Senate and recom¬
mend it do not pass. . n ,
Also, a bill to be entitled an act to authorize r oliy
Knowles, and other free persons of color to sell themselves
into perpetual slavery, report the same back with a substi¬
tute in the nature of an amendment, with a recommenda¬
tion that it do pass.
On motion of Mr. Gordon the Senate went into Execu¬
tive Session, and after remaining some time the Executive
Session was closed and the Senate resumed its regular busi¬
ness.
Leave of absence was granted to Mr. Yason on account of
sickness in his family.
On motion the Senate adjourned until 3 o'clock this af¬
ternoon.
Afternoon Session, 3 o'clock, p. m.
On motion of Mr. Gordon the rule was suspended and the
report of the Military Committee taken up.
The Senate took up a resolution in reference to the de¬
fence of certain Railroad bridges in this State.
The Military Committee to whom it was referred report¬
ed it, with a substitute for the resolution to follow the pre¬
amble.
The report was agreed to and the resolution passed.
The Senate took up as the report of the committee of the
whole,
A bill to fix and define the rank of the Adjutant and In¬
spector General of the State of Georgia and to assign him a
Military Secretary.
The Military Committee to whom it was referred report¬
ed in favor of its passage.
The report was agreed to, the bill was read the third time
and passed. It was ordered to be transmitted immediately
to the House of Representatives.
The Senate took up as the report of the committee of the
whole,
A bill to consolidate the offices of Secretary of State and
SurveyoV Genefal, and for other purposes, which was on
motion of Mr. Stafford laid on the table for the balance of
the session.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: I am directed by the House of Represen-
THURSDAY, NOVEMBER 21st, 1861. 125
tatives to inform the Senate that they have passed the fol¬
lowing bill, to-wit:
A bill to be entitled an act to aid the Georgia Relief and
Hospital Association, and to appropriate money therefor;
and I am directed to transmit the same forthwith to the Sen¬
ate.
The House of Representatives has also passed the follow¬
ing bill of the Senate, to-wit:
A bill to be entitled an act to authorize Charles H. John¬
son, administrator of George Dugan late of Spalding coun¬
ty deceased, to sell th^ lands of said deceased, and I am di¬
rected to transmit the same to the Senate forthwith.
The Senate took up as the report of the committee of the
whole,
A bill for the relief of Moses Formby, of the county of
Floyd, a school-teacher under the acts in relation to com¬
mon schools.
The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole,
A bill to alter and amend the several acts incorporating
the city of Atlanta, in Fulton county, Georgia.
The report was agreed to, the bill was read the third time
and passed.
Mr. Dyer from the committee on Enrollment reported as
duly enrolled and ready for the signature of the President
the following resolution:
A resolution authorizing the Governor to issue a grant to
lot of land number 10, (ten) in the eleventh district of Mit¬
chell county.
Also, a bill to consolidate the offices of Secretary of State
and Surveyor General, and to require all the duties of said
offices to be performed by the Secretary of State, and for
other purposes.
The Senate took up as the report of the committee of thp
whole,
A billl to authorize Dr. Rufus Barker, of the county of
Floyd, to practice medicine, &c.
On motion of Mr. Vason said bill was laid upon the table
for the balance of the session.
The Senate took up as the report of the committee of the
whole,
A bill to authorize the administrator of the estate of Jas.
Connell deceased, to sell the real estate of said deceased at
private sale. •
The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole,
JOUKNAL OF THE SENATE,
A bill to authorize Susan B. McGuire, guardian of George
L. McGuire, to turn over to her said ward his proper share
of her deceased husband's estate, and to make valid, the
same, and for other purposes. _
The report was agreed to> the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
A bill to amend an act entitled an act to abolish impris¬
onment for debt on certain conditions herein set forth, and
for other purposes, assented to December 11th, 1858.
Mr. Bell moved to amend, the bill by striking out the
third section, which was lost.
Mr. Vason offered the following substitute for the third
section:
" That the plaintiff, his agent or attorney, shall be requir¬
ed to make affidavit that he has reason to believe that the
facts set forth in the tender of issue are true," which was
adopted.
Mr. Hansell moved to amend by striking out in the first
section "or by publication in a public gazette in the coun¬
ty in which he may be arrested," which was agreed to.
The report as amended was agreed to, and upon the ques¬
tion shall this bill pass? the yeas and nays were recorded,
and the yeas were 19, and the nays 16.
Those who voted in the affirmative were—Messrs.?
Alexander, Bothwell, Echols, Fort, Gaston, Gibson, Gor¬
don, Hansell, Harris, Jackson, Kendall, King, McRae, Sew¬
ard, Shewmake, Stephens, Vason, Ware, Wright.
Those who voted, in the negative were—Messrs.:
Anthony, Bell, Boyd, Brown, Dyer, Fletcher, Griffin,
Hill, Jamison, Killen, Lane, Mitchell, Patrick, Simmons,
Stafford, Winn.
Yeas 19, nays 16. So the bill was passed.
The Senate took upas the report of the committee of the
whole,
A bill to be entitled an act for the relief of Andrew M.
Hamilton, &c.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
A bill to regulate Foreign Exchanges.
The report was agreed, to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
FRIDAY, NOVEMBER 22nd, 1861. 127
A bill to make a new county out of the counties of Faank-
lin and Habersham.
The report was agreed to. Upon the question shall this
bill pass, the yeas and nays were recorded. There are yeas
10, nays 26.
Those who voted in the affirmative are—Messrs.:
Anthony, Boyd, Echols, Furlow, Jackson, Jamison, Pat¬
rick, Seward, Vason, Ware.
Those who voted in the negative are—Messrs.:
Alexander, Beasley, Bell, Bothwell, Brown, Dyer, Flet¬
cher, Fort, Gaston, Gordon, Griffin, Hansell, Harris, Hill,
Kendall, Killen, King, Lane, McRae, Mitchell, Shewmake,
Simmons, Stafford, Stephens, Winn, Wright.
Two thirds of the members present and voting not voting
for the bill the same was lost.
On motion of Mr. Seward a bill to incorporate the Cotton
Planters' Bank of Georgia, to give steadiness to the value of
Cotton, to make it available as the basis of a sound circula¬
ting medium, for the relief of the industrial interests of the
country and at the same time to enable the planters to con¬
trol their own cotton, until the blockade now attempted to
be enforced is removed—to guard the planters against an
unavoidable necessitous sale of their cotton at less than re¬
munerating prices, and against sacrifices alike detrimental
to their interest consequent upon their being forced to draw
upon and accept inadequate advancements upon their crops
paying heavy commissions, interests, insurance and storage,
ruinous to the producers of this great southern staple, and
for other purposes, was taken up, and made the special or¬
der of the day for to-morrow.
Mr. Dyer offered the following resolution, to-wit:
Resolved, By the Senate, the House of Representatives
concurring, That the General Assembly in joint convention
will convene in the hall of the House of Representatives at
the hour ot 11 o'clock, A. M., on Tuesday next, the 26th
inst., for the purpose of electing a Comptroller General, a
State Treasurer, and also a Secretary of State for the ensu¬
ing two years.
Which on motion was laid upon the table for the present.
On motion the Senate adjourned until ten o'clock, to¬
morrow morning.
FRIDAY, NOVEMBER 22nd, 1861, >
10 o'clock A. M. )
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Knowles.
128
JOURNAL OF THE SENATE,-
On motion of Mr. Seward the rule was suspended, to
take up the report of the Judiciary Committee.
The Senate took up as the report of the committee of
the whole,
A bill to make effectual the 2d clause of the second sec¬
tion of the fourth article of the constitution of the State of
Georgia, and to prescribe more fully the mode by which
the rights and disabilities of parties in actions of divorce
shall be determined.
The Judiciary Committee to whom it was referred re¬
ported in favor of its passage.
Mr. Bell offered the following amendment, to come in at
the end of the third section—"or either, and which of said
children," which was agreed to.
The report as amended was agreed to; the bill read the
third time and passed.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bills :
A bill to appropriate money for the support of the Geor¬
gia Academy for the Blind.
Also, a Senate bill to be entitled an act to alter and
amend an act to change the lines between certain counties,
and for other purposes, with amendments by the House, in
which they ask the concurrence of the Senate ; which last
bill I am directed to transmit forthwith to the Senate.
The rule being suspended the Senate took up a Senate
bill to alter and amend an act entitled an act to change and
alter the county lines between the counties of Dooly and
Macon, assented to December 17th, J 860, and for other
purposes, which bill was passed by the House of Represen¬
tatives with certain amendments.
On motion of Mr. Furlow, the amendments of the House
were concurred in, and the same ordered to be transmitted
to the House of Representatives.
The Senate took up as the report of the committee of
the whole,
A bill to amend an act entitled an act to provide for
the public defence, and for other purposes, assented to De¬
cember 18th 1860.
The Judiciary Committee to whom the same was re¬
ferred, reported in favor of its passage.
Report was agreed to; the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
FRIDAY, NOVEMBER 22XD, 1861. 129
A bill fixing tlie fees of the Ordinaries of tlie State of
Georgia.
The Judiciary Committee to whom it was referred re¬
ported adverse to its passage.
On motion the bill was laid upon the table for the pres¬
ent.
The Senate took up as the report of the committee of
the whole,
A bill in reference to costs in criminal cases.
The Judiciary Committee to whom the bill was referred,
reported adversely to its passage.
The report of the committee was agreed to, and the bill
was lost,
The Senate took up as the report of the committee of
the whole,
A bill to authorize continuances of causes pending in the
Superior and Inferior Courts of this State during the war,
in certain cases.
The Judiciary Committee to whom this bill was re¬
ferred, reported in favor of its passage, with an amend¬
ment, striking out the two provisions in the first section of
the bill. *
Mr. Gordon moved to amend by inserting after the "Su¬
perior and Inferior Courts," the wTords "and city Courts,"
which was agreed to.
The report as amended was agreed to. The bill was
read the third time and passed.
The Senate took up as the report of the committee of
the whole,
A bill to suspend the statute of limitations, and for
other purposes.
The Judiciary Committee to whom this bill was referred
reported in favor of its passage.
The report was agreed to: the bill was read the third time
and passed.
The Senate took up as the report of the committee of
the whole,
A bill to authorize Guardians, Trustees, Executors and
Administrators to invest in Confederate State bonds and i&
land and negroes.
The Judiciary Committee to whom this bill was referred
reported it back with the following substitute for the pro¬
viso in the bill:
Provided, that an order to that effect be first obtained
from the Judge of the Inferior Court, who is hereby author¬
ized to consider and pass upon such application either ia
term time or vacation.
The report was agreed to; the bill was read the third
time and passed. ;
9
JOURNAL OF THE SENATE,
The Senate took up as the report of the committee of the
whole, _
A bill to relieVe certain persons from the pains and disa¬
bilities of a judgment of divorce.
The Judiciary Committee to whom tliis bill was referred
reported an amendment by striking out in the 4th line of
fche 1st section the words "or may hereaiter have, which
was agreed to.
The report as amended was agreed to ; the bill was read
I'he third time and passed.
The Senate took up as the report of the committee of
the whole,
' A bill to authorize Polly Knowles, a free person of color,
to sell herself and her children into perpetual slavery.
The Judiciary Committee to whom this bill was referred
reported as a substitute,
A bill to authorize free persons of color to go into slav¬
ery, and for other purposes.
Mr. Lane moved to amend the original bill by adding the
following sections :
Sec. . And be it further enacted, That from and after
the passage of this act, that all free persons of color be and
they are hereby required to leave this State within ninety
days, or in default thereof to choose an owner; in which
event it shall and may be lawful for the Inferior Court of
the county to select three discreet and proper persons who
shall appraise said free person of color at a moderate cash
value—say not less than two-thirds of the real worth of said
free person of color; and in the event said owner first so
chosen shall fail to comply with the terms of this act, then
the said free person of color shall make another choice of
an owner, acting under similar privileges and like restric¬
tions, and so on until the objects of this act are secured.
Sec. . And be it further enacted, That the sum or
sums of money so raised shall be applied to the support of
the indigent families of the Volunteers already in the ser¬
vice of this State, or of the Confederate States, and of those
who may hereafter go into said service, said families resid¬
ing in the county where said free person of color habitually
resides.
On motion the bill with the substitute and amendment
was laid on the table for the present.
Mr. Dyer, from the Committee on Enrollments, reported
as duly enrolled and ready for the signature of the Presi¬
dent,
An act to authorize Charles H. Johnson, Administrator
on the estate of George Dugan, late of Spalding county* to
sell the lands of said estate on the first Tuesday in Decem¬
ber next.
FRIDAY, NOVEMBER 22jtd, 1SC1.
131
Mr. Gordon, from the Committee on Banks, made the
following report, to-wit:
The Committee on Banks to whom was referred
A bill to be entitled an act to amend an act incorporating
the North-Western Bank of Georgia, have had the same
under consideration, and report the same back to the Senate
and recommend that it do pass.
They have also had under consideration,
A bill to be entitled an act to amend an act incorporat¬
ing the Bank of Fulton, and report the same back to the
Seriate, and recommend that it do pass.
Mr. Killen, from the Committee on the Military, made
the following report, to-wit:
Mr.President:—The Committee on the Military, to whom
was referred the bill to be entitled
An act to authorize the Governor of this State to raise
and equip thousand erf Cavalry, and
thousand of Infantry, for the military service of this State,
have, according to order had the same under consideration,
and have directed me to report against the passage of said
bill in its detail, and to report in lieu thereof a substitute
which the committee are persuaded will better meet the
end sought to be attained by said bill, to-wit:
A bill to be entitled an act to amend an act entitled an
act to provide for the public defence, and for other purpos¬
es, assented to December 18th, 18G0, which is herewith
submitted, with the recommendation that said substitute do
pass.
Said Committee, without special order, have also had
under consideration that portion of the annual message of
his Excellency the Governor relating to certain deficiencies
in our existing Volunteer system, which not only addresses
itself to our serious consideration, but in our opinion, de¬
mands a remedy by Legislative enactment; to which end
I am instructed by the committee to report
A bill to be entitled an act to make efficient the Volun¬
teer organizations of the State, which is herewith submit¬
ted and made part of this report.
All of which is respectfully submitted.
(Signed) . SAMUEL D. KILLEN,
Chairman.
The bill proposed by the Military Committe, to-wit:
A bill to be entitled an act to make efficient the Volun¬
teer organization of this State, was read the first time.
Mr. Alexander, from the Committee on the Penitentiary,
made the following report, to-wit:
The Committee of the Senate and House of Representa¬
tives on the Penitentiary beg leave to report as follows:
1-3 2
JOURNAL OF THE SENATE,
They have viVIted and examined the Institution 111 ^ ^ ^
departments, and are gratified to have found it in a highly
prosperous condition. '1 he improvements heretofore pro¬
jected are now completed; consisting of commodious bi ick
workshops, a spacious brick building, containing a Hospi¬
tal, Chapel, Eating-Room, &c., together with additional
Cell-Rooms on the walls of the old building for that pur-
pose.
The removal of the original workshops, so dilapidated
and badly contrived, has been of great benefit to the Insti¬
tution. It has left considerable unoccupied area within the
walls, thus increasing the facilities for working the convicts,
and will unquestionably conduce to the preservation of the
health both of convicts and officers.
Since the commencement of the war between the North
and South, the Penitentiary has been of incalculable service
to our State in the Confederate cause. The most cursory
examination of the Principal Keeper's report, will show the
fact, that throughout every department it has been inces¬
santly engaged in furnishing all kinds of equipments to our
brave and eager soldiery. And should there be a protract¬
ed conflict, now that most of the convicts are skilled in this
kind of labor, it cannot but prove a most economical and
important auxiliary in securing our independence. Thus
we may be enabled to avail ourselves of crime at home to
assist in repelling or destroying the criminal invaders of
Southern soil.
Among other things we were pleased to find the tanning
department in successful operation. It seems well supplied
with stock and material of all kinds, and to be conducted
with skill and energy. In our judgment too much atten¬
tion cannot be bestowed in this indispensable branch of the
public necessities.
The entire management of the Institution reflects great
credit on James A.Green, the Principal Keeper. The evi¬
dences of energy and system, prudence and skill, are every
where apparent, whilst we specially commend the strict
discipline he has instituted. Without the prescription of
rigid rules and their stern enforcement, such an Institution
fails totally in its fundamental purposes—the punishment
of evil doers. The highest compliment to the Principal
Keeper in this and other respects is desirable, from the fact
that for the coming year he asks no appropriation for im¬
provements, material or subsistence. On the contrary his
report shows a considerable quantity of available assets on
hand. Thus, for the pending war, we at least have the con¬
soling prospect that tne Penitentiary will prove self-sustain¬
ing, if not a source of revenue.
A sub-committee from the joint committee have ex¬
amined the books aud vouchers of the Book Keeper. So far
FRIDAY, NOVEMBER 22kd, 1861.
133
as their investigation extended, all the vouchers were cor¬
rect and well arranged, and the books kept with remark¬
able system, neatness and accuracy. In fact your commit¬
tee would do injustice to Mr. T. T. Windsor, the courteous
officer of this department, did they not make special men¬
tion of his marked efficiency and fidelity to his trust.
In view of these facts and the stringency of our money
affairs, your committee have no improvements or change
to recommend. They are content to let well enough alone.
It is their duty, however, to remark, that their attention was
directed to the practicability of classifying and separating
convicts according to offences, ages and characters. As
matters now stand this can only be done to a very limited
degree ; but the propriety of making arrangements to effect
it on a more extensive and systematic plan cannot admit of
question. A man who had done wrong under the influence
of passion or the temptations of confidence, should not be
thrown in necessary and daily contact with the abandoned
wretch who prides himself on the infamy of the most hein¬
ous crimes. The youth of tender age who has, perhaps
nnthoughtedly, committed his first offence, should not be
the constant companion of the professional malefactor, who
will only train him in the acts of villiany. This policy of
promiscuous mingling and uniform treatment, is not only
pernicious in view of the evil effects of example and asso¬
ciation, but it will almost invariably result in deadening the
finer sensibilities of any man who retains a sense of right
•and honor, and hopes for respectability in the future. With¬
out self-respect reformation is impossible.
Your committee have neither time nor data by which to
mature or suggest a plan accomplishing this desirable end,
but would recommend that the Governor be authorized to
appoint three fit and proper persons, of which the Principal
Keeper shall be one, to investigate this subject in all its de¬
tails, and report through the Governor to the next General
Assembly, the nature of the plans and the probable expense
to be incurred.
(Signed) SAMUEL F. ALEXANDER,
Chairman.
The rule being suspended, Mr. Alexander, as recom¬
mended by the committee on the Penitentiary, offered the
following resolution, to-wit :■
Resolved by the Senate and House of [lejrresc/itatives, That
after the close of the present session the Governor is re¬
quested to appoint two competent persons who, in connec¬
tion with the Principal Keeper, shall consider the propriety
of classifying and separating the convicts in the Peniten¬
tiary with reference to ages, grades of offence, and general
-character.
134
JOURNAL OF THE SENATE,
Also, the practicality of arranging tlie present Insti¬
tution to accomplish the end proposed. And that said ap¬
pointees make their report to the next General Assembty,
with the plans, if any, that may be suggested, and especi¬
ally the smallest amount of expenditure necessary in the
premises.
On motion the foregoing resolutions were taken up, read
and agreed to,
Mr. Brown, Chairman of the Committee 011 Elections,
made the following report:
A bill to authorize Volunteers and other troops to vote
at all elections, &c.
Having had the same under consideration, report tlie
same back to the Senate and recommend it do pas* with an
amendment.
The Senate took up as the report of the committee of
the whole, the special order, which was
A bill to protect the estates of married women, and to
piovide the manner of securing the same, and to provide for
the distribution thereof, and for other purposes therein
mentioned.
The Judiciary Committee to whom the bill was referred.,
reported adversely to its passage.
Mr. Mitchell moved that the report of the Judiciary Com¬
mittee be disagreed to.
Mr. Hansell moved to amend by adding the following
section to the bill :
Section 7. Be It further enacted, That should any sncli
feme sole be liable for any debt or debts at the time of her
marriage, the creditors of such fimt sole may institute his,
her, or their action or actions at law or equity for the re¬
covery of such demand against the trustee heretofore pro¬
vided for, and upon the recovery of judgment upon such
claim or claims, the same shall be enforced against the pro¬
perty of said fomale; which amendment was accepted.
Pending the discussion of the bill the Senate adjourned
until three o'clock this afternoon.
Afternoon Session, Thkee O'clock, P. M.
The Senate resumed the consideration of the special or¬
der of the morning.
During the discussion of the bill
The following message was received from the Bouse of
Representatives, by Mr. Carrington, their Clerk, to-wit:
FRIDAY, NOVEMBER 22nd, 1S61.
135
Mr, President:—I am directed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill, which I am instructed forthwith to transmit
to the Senate, to-wit:
A bill to be entitled an act to fix the salaries and com¬
pensation of certain officers mentioned therein, and for other
purposes-
Mr. Beasley called for the previous question upon the bill
under consideration.
The call for the previous question being sustained, the
main question was ordered to be put.
The main question was, will the Senate disagree to the
report of the Committee on the Judiciary.
The report was disagreed to.
Upon the question, shall this bill pass'? t lie yeas and nays
were recorded, and were yeas 27, nays 13.
Those who voted in the affirmative were—
Messrs. Alexander, Anthony, Beasley, Bothwell, Boyd,
Brown, Dyer, Echols, Furlow, Gibson, Hansell, Harris,
Hilliard James, Killen, King, McRae, Mitchell, Patrick,
Shewmake, Simmons, Smith, Stafford, Stephens, Swearin-
gen, Ware, Winn, Wright.'
Those who voted in the negative were—
Messrs. Bell, Fletcher, Fort, Gaston, Gordon, Griffin,
Hill, Jackson, Jamison, Kendall, Lane, Mosely, Seward.
Yeas 27 ; nays 13. So the bill was passed.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington :
Mr. President,:—I am instructed by the House of Rep¬
resentatives to inform the Senate that they have passed the
following bil, to-wit:
An act to fix the amount of compensation the members
and officers of the General Assembly shall receive for their
services, and for other purposes therein mentioned ; and I
am directed to transmit the same to the Senate forthwith, *
The rule being suspended, the Senate took up and read
for the first time the following bills from the House of Rep¬
resentatives, to-wit:
A bill to fix the amount of compensation the members
and officers of the General Assembly shall receive for their
services, and for other purposes therein mentioned.
Also, a bill to fix the salaries and compensation of cer¬
tain officers mentioned therein, and for other purposes.
The rule being suspended, on motion of Mr. Hansell, the
order to transmit to the House the action of the Senate in
concurring in the amendment of the House of Representa-
136
JOURNAL OF THE SENATE,
tives to a bill to alter and amend an act entitled an ac t(
change and alter the county lines between the counties o
Dooly and Macon, assented to December the 19th, 1S60
and for other purposes ; was rescinded.
By unanimous consent of the Senate the motion to con-
aur in the amendment was reconsidered, and
Mr. Hansell offered the following amendment, to-wit, to
come in after the amendment of the House of Representa¬
tives :
Being a town lot in the town of Rough and Ready, on
the South side of said land lot being a square of one half
acre, which is to remain in the county of Clayton, which
•was agreed to.
The amendment of the House as amended was concurred
in.
The Senafe then adjourned until to-monow morning, 10
o'clock.
SATURDAY, NOVEMBER 23kd, 1SG1, )
10 o'clock, a. m. 5
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Aioseley.
Mr. Killen moved to reconsider so much of the Journal of
yesterday as relates to the vote by which a bill to make ef¬
fectual the second clause of the second section of the fourth
article of the Constitution of the State of Georgia, and to
prescribe more fully the mode by which the rights and dis¬
abilities of parties in actions of Divorce shall be determined
"was passed.
The motion to reconsider prevailed.
Mr. Bell moved to reconsider so much of the Journal of
yesterday as relates to the vote by which a bill was passed
to protect the estates ot married women, and to provide the
wanner of securing the same, and to provide for the distri¬
bution thereof, and for other purposes therein mentioned.
The motion to reconsider was lost.
The following message was received from His Excellency
the Governor by Mr. Waters his Secretary, to-wit:
Mr. Prcxhlcnt: I am directed by His Excellency the Gov¬
ernor to deliver to the Senate a communication in writing,
with accompanying document.
SATURDAY, NOVEMBER 23rd, 1SG1. 137
By leave of tlie Senate Mr. Gordon reported a hill to pre¬
scribe the terms of citizenship and residence in certain cases
and for other purposes, which was read the first time.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington:
Mr. President: I am instructed by the House of Represen¬
tatives to inform the Senate that the House of Representa¬
tives has passed a substitute to the following bill of the Sen¬
ate, to-wit: A bill to be entitled an act to authorize the
City Council of Augusta to issue one hundred thousand dol¬
lars in Treasury notes, and for other purposes, and I am in¬
structed to transmit the same to the Senate forthwith.
The House of Representatives has also concurred in the
amendment of the Senate to the following bill, to-wit:
A bill to be entitled an act to alter and amend an act to
change and alter the county lines between the counties of
Dooly and Macon, assented to December 17th, 1S60, and
for other purposes.
Oil motion of Mr. Gibson the Senate took up the bill of
the Senate to authorize the City Council of Augusta to issue
one hundred thousand dollars in Treasury notes, and for
other purposes for which the House of Representatives had
passed a substitute.
On motion of Mr. Gibson the substitute of the House of
Representatives was agreed to.
The Senate took up the bill to authorize Polly Knowles
a free person of color to sell herself and her children into
pepetual slavery, which together with the substitute of the
Judiciary Committed and amendment of Mr. Lane were yes¬
terday laid upon the table.
Mr. Lane offered the following substitute for the original
bill and substitute of the Judiciary Committee:
A bill to compel all free persons of color in this State to
leave the State within ninety days, or to choose an owner
and go into vrluntary servitude, and for other purposes.
Mr. Jamison moved to amend by excepting trom the pro¬
visions of the bill offered as a substitute by Mr. Lane, New¬
ton Coker and his wife, of Towns county, which was agreed
to.
The substitute of Mr. Lane was rejected.
Mr. Seward offered the following amendment to the re¬
port of the Committee:
And he. it further enacted, That in any county of the State
where in the opinion of the Inferior Court of said county
there are any idle or vicious free person of color or free per¬
sons of color who may be so situated as to exercise an im-
proj>er or mischievous influence upon the slave or slaves in
that particular neighborhood it shall be the duty of the In-
13S
JOURNAL OF THE SENATE,
ferior Court to hear evidence upon complaint made as o
the character of any such free person of color an 1 said
Court should so adjudge, the said free person or pel sons or
color shall be sold upon such terms as the Infenoi Court
may direct, which amendment was agreed to.
Mr. Boyd offered the following amendment:
And be it, further enacted. That all free persons of coioi un¬
der the age of fourteen years, who are not represented by
any relative mentioned in this act in any county in this
State, the Inferior Court shall put such free person or per¬
sons of color under the control and management of some
proper citizen of the county until such free person of color
shall come to fourteen years of age, under such contract as
said Inferior Court and such proper citizen may make which
contract shall be entered of record 011 the minutes of the
Court. S'lid proper citizen shall not remove such free per¬
son of color from «aid county without leave of said Court in
writing to that effect. Which amendment was agreed to.
The report of the Judiciary Committee as amended was
agreed to, the bill was read the third time and passed.
Mr. Hi?], from the Committee cn Petitions, made the fol¬
lowing report, to-wit:
The Committee 011 Petitions to whom was referred the
memorial of sundry citizens of the county of Fanuin have
had the same.under consideration, and ask leave to make
the following report, viz.:
It being the opinion of this Committee that the memori¬
alists are asking for the passage of a law that would grant
exclusive privileges to a certain class of citizens of Fannin
county, viz.: to the manufacturers of intoxicating or spirit¬
uous liquors, who they ask may be priviledged to make and
vend the same at the place or places where manufactured,
in any quantity without a license, which in the opinion of
this committee is detrimental to the interest of the citizens
of said county, and ought not to be granted.
The said Committee also made the following report, to-
wit :
The Committee on Petitions to whom was referred the
petition of J. J. Flournoy, of Jackson county, after having
the samo under consideration, report the same back with a
recommendation that the prayer of the petitioner bein"- cal¬
culated to subvert public morals is unreasonable and ou^ht
not to be granted, and we recommend that said petitionee
on the table the ballance of the session without beino- read.
Your Committee therefore asks to be discharged from any
further consideration of the same.
On motion each of said reports was taken up, read and
agreed to.
SATURDAY, NOVEMBER 23rd, 1S61. 139
On motion of Mr. Harris leave of absence was granted to
the Messenger of the Senate until Tuesday next.
The rule being suspended on motion of Mr. Gibson the
following bills from the House of Representatives were sev¬
erally read the second time, to-wit:
A bill to be entitled an act to fix the salaries and com¬
pensation of certain officers therein mentioned, and for oth¬
er purposes.
Also, a bill to be entitled an act to fix the compensation
of the members and officers of the General Assembly, &c.
On motion the following communication from the Gov¬
ernor was read, and together with the accompanying docu¬
ments referred to the Committee on Agriculture:
Executive Department, )
Milledgeville, Ga., November 23, 1861. £
To the General Assembly :
I herewith transmit a copy of a resolution passed by the
Cotton Planters' Convention of the Confederate States at its
first session at Macon in July last, requesting me to take
such steps as might be necessary to place before the people
or their representatives such information as may serve to
promote the development of the cotton yarn interest of the
South with a view to opening a foreign demand for South¬
ern spun cotton yarns, together with a copy of an order ap¬
pointing Mr. C. G. Baylor to collect the information desired
by the Convention. I also transmit a copy of the able and
interesting report of Mr. Baylor which contains much valu¬
able statistical information, together with a direct trade
map prepared by him which may be found interesting. I
recommend such appropriation to compensate Mr. Baylor
for his services as the General Assembly may determine to
be reasonable.
JOSEPH E. BROWN.
On motion of Mr. Boyd the following resolution was taken
up, reai and agreed to, to-wit:
Resolved, By the Senate that His Excellency the Govern¬
or do forthwith communicate to this branch of the Legisla¬
ture the official report of the Superintendent of the Western
and Atlantic Railroad for the present jTear.
On motion the Senate went into secret Executive Session
—after remaining some time the Executive Session was
closed, and the Senate resumed its regular business.
On motion the Senate adjourned until Monday morning,
10 o'clock, A. M.
140
JOURNAL OF TIIE SENATE,
MONDAY, NOVEMBER 25tii, 1S61.
10 o'clock a. m.
)
The Senate met according to adjournment and was opened
with prayer by the Rev. Mr. Pinkerton.
Mr. Dyer moved to reconsider so much of the Journal of
Saturday as relates to the vote, by which a bill, to author¬
ize free persons of color to go into slavery, and for other
purposes, was passed.
The motion to reconsider was lost.
Leave of absence was granted to Mr. Gordon for a few
days, on special business.
The rule being suspended, Mr. Hansell reported a bill to
prescribe the term of office of the Judges of the Supreme
Court ; which was read the first time.
Mr. Seward, of the Judiciary Committee, made the fol¬
lowing report, to-wit :
A bill to be entitled an act amendatory of an act relative
to continuances in certain cases therein named, approved
9th February, 1854; having had the same under considera¬
tion, report the same back to the Senate and recommendit
do pass.
The Senate took up the bill to incorporate the Planters'
Insurance Trust and Loan Company ; which, on motion,
was ordered to lie upon the table for tlie present.
On motion, of Mr. Seward, the Senate took up the bill to
incorporate the Cotton Planters' Bank of Georgia, to give
steadiness to the value of cotton, to make it available as the
basis of a sound circulating medium for the relief of the
industrial interest of the country, and at the same time to
enable the planter to control their own cotton until the
blockade now attempted to be enforced is removed, and for
other purposes ; which, on motion, was made the special
order for this afternoon.
The rule being suspended, on motion of Mr. Stafford, the
bill from the House of Representatives was taken up as the
report of the committee of the whole, to fix the salaries and
compensation of certain officers mentioned therein, and for
other purposes.
On motion, the bill was read by paragraphs and sections.
Mr. Seward moved to amend the bill so far as relates to
the salary of Judges of the Supreme Court, by striking out
twenty-five hundred and inserting two thousand dollars;
which was agreed to
Mr. Seward moved to amend the bill so far as relates to
the salary of the Reporter of the Supreme Court, by strik¬
ing out eight hundred and inserting six hundred dollars;
which was agreed to.
Mr. Mitchell moved to amend the bill so far as relates to
MONDAY, NOVEMBER 25th, 1861. 141
the salary of Judges of the Superior Court, by striking out
eighteen hundred and inserting fifteen hundred dollars ;
which was agreed to.
Mr. Mitchel moved further, to amend the bill so far as re¬
lates to the Comptroller General, by striking out two thous¬
and and inserting sixteen hundred dollars ; which motion
was lost.
The first section as amended was agreed to.
The second section was agreed to.
The report as amended was agreed to ; the bill was read
the third time and passed.
The following message was received from the House of
Representatives by their Clerk, Mr, Carrington :
Mr. President:—I am directed by the House of Repre¬
sentatives to inform the Senate that they have adopted a res¬
olution in relation to the appointment of a joint committee
of both Houses, to examine into the business before the
General Assembly with a view to an early adjournment, of
the same ; and have appointed as such committee, on part
of the House of Representatives, Messrs. Bigham of Troup,
Cabaniss of Monroe, and Lee of Muscogee. I am further
instructed to transmit the same to the Senate forthwith.
Mr. Dyer, Chairman of the committee on enrollment,
makes the following report of acts duly enrolled and ready
for signature, to-wit:
An Act to alter and amend an act entitled an act to change
and alter the county lines between the counties of Dooly
and Macon ; assented to December 17th, 1860.
And also to change the lines between the counties of
Clayton and Fulton, and for other purposes.
Also, an act to authorize the City Council of Augusta,
to issue one hundred thousand dollars in Treasury notes,
and for other purposes.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill from the House of Representatives to fix the
amount of compensation the members and officers of the
General Assembly shall receive for their services, and for
other purposes therein mentioned.
On motion, the bill was read by paragraphs.
Mr. Furlow moved to amend the report so far as relates
to the per diem compensation of members of the General
Assembly, by striking out five dollars and inserting four dol¬
lars.
Upon agreeing to the motion the yeas and nays were re¬
corded, and the yeas were 19 and the nays were 21.
Those who voted in the affirmative were :
Messrs. Beaseley, Bell, Bothwell, Boyd, Echols, Furlow,
142
JOURNAL OF THE SENATE,
Harris, Hill, Jas. Billiard, Lane, Mitchell, Moseley -Patrick,
Seward, Simmons, Smith, Stephens, Ware, Wng
Those who voted in the negative were :
Messrs. Alexander, Anthony, Brown, Dyer, Fletcher,
Fort, Gaston, Gibson, Griffin, Hansell, Jackson, J^mson,
Kendall, Ivillen, King, Lewis, McRae, Shewmake, Stattord,
Swearingen, Winn.
Yeas 19. Nays 21. So the motion was lost.
Mr. Hansell moved to amend by striking out five dollars,
in pay of members, and inserting four and a half dollars.
The motion was divided, and the motion to strike out
was lost.
Pending the consideration of the bill, the following mes¬
sage was received from the House of Representatives by
their Clerk, Mr. Carrington.
Mr. President:—I am directed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill to-wit :
A bill to be entitled an act to incorporate the town of
Bellville in the county of Richmond ; and I am further in¬
structed to transmit the same to the Senate forthwith.
The Senate resumed the consideration of the bill before
them.
Mr. Furlow moved to amend the report by striking out
the last clause of the first section, and insert unless lea/e of
absence was granted by the Senate or House of Represen¬
tatives, which was agreed to.
Mr. Lane moved to amend the report so far as relates to
the mileage of members, by striking out four and inserting
two dollars, which was lost.
The report as amended was agreed to ; the bill was read
the third time and passed.
And on motion of Mr. Seward, the two bills of the House
of Representatives, just passed with amendments, were or¬
dered to be transmitted forthwith to the House of Repre¬
sentatives.
Mr. Swearingen, the rule being suspended, reported the
following resolution, which was read :
Resolved, That a committee of three be appointed to act
in conjunction with a similar committee to be appointed
by the House, whose duty it shall be to examine into the
affairs and condition of the Western & Atlantic Railroad.
The senate refused to take up the resolution.
On motion of Mr. Lewis, the rule was suspended and the
Senate took up the resolution of the House of Representa¬
tives in relation to the appointment of a joint committee of
MONDAY, NOVEMBER 25th, 1S61. 143
both Houses, to examine into the business of the General
Assembly with a view to an early adjournment of the same;
which resolution was agreed to by the Senate, and Messrs.
Lewis, Seward and Bell were appointed upon the joint com¬
mittee on the part of the Senate.
The rule being suspended, on motion of Mr. Moseley, the
Senate took np as the report of the committee of the whole
the following bills, to-wit :
A bill to authorize the Judges of the Superior Courts of
this State on application of any wife for Alimony who has
been sued by her husband for divorce, to hear the testimony
and determine accordingly.
The Judiciary committee to whom this bill had been re¬
ferred, reported the same back to the Senate, with the re¬
commendation that it do not pass.
Mr. Moseley offered the following substitute in the na¬
ture of an amendment, which was agreed to, to-wit:
A bill to require the Judges of the Superior Courts in
this State, on application of any woman for Alimony, who
shall be sued for divorce by her husband, to try the case by
Jury, as in other cases provided for by the laws of this
State.
The report of the committee was disagreed to; so the
bill was lost.
Also, a bill to reduce the salaries and fees of all officers
civil and judicial in this State.
On motion of Mr. Moseley, this bill was laid upon the
table for the balance of the session.
Also a bill to legalize the proceedings of G. J. Green as
Deputy Ordinary-of the county of Spalding.
Mr. Seward made a motion to strike out the word "Dep¬
uty" in the caption and body of the Bill, wherever it oc¬
curs, and insert in lieu thereof, "Clerk of the," which was
accepted.
The report was agreed to ; the bill was read the third
time and passed.
Also a bill to legalize the last will and testament of Thom-
as Allen, deceased, and for other purposes.
The report of the committee was disagreed to ; so the
bill was lost.
The Senate took up as the report of the committee of the
whole,
A bill to exempt practicing physicians in the county of
Jefferson, from road and Jury duty, and for other purpo¬
ses. '
Mr. Gibson moved to amend the report by adding the
word "Millers," after the word "physicians," wherever it
144
JOURNAL OF THE SENATE,
occurs in the title and body of the bill, which was agreed
The report as amended, was read the third time and pass¬
ed.
On motion, the rule was suspended, and the Senate
took up as the report of the committee of the v, hole, the
bill, to-wit:
A bill to authorize the Governor of this State, to raise .
and equip thousand of Cavalry and thou¬
sand of Infantry for the military service of this State.
The cofamittee on the military to whom this bill was refer¬
red, reported the same back to the Senate with the follow¬
ing substitute in the nature of an amendment, which was
agreed to, to-wit:
A bill to amend an act entitled an act to provide for the
public defence, and for other purposes.
To which substitute Mr. Killen offered the following
amendment, to-wit :
Be it further enacted by the authority aforesaid, That for
the accommodation, equipments and support of the forces
dow in the active service of the State, and such as may be
called into service under the provisions of this Act and the
above recited act, (of which this act is amendatory) it shall
be lawful for the Commander-in-chief of the State, and he
is hereby authorized and required to appoint such Quarter¬
masters, Commissaries, and other Staff Officers, as to him
may be deemed necessary, and to commission them respec¬
tively, with the same rank and grade as is provided by the
laws of the Confederate States for the like officers in the
army of the Confederate States ; said appointees first com¬
plying with similar requirements to those required of the
like appointees under said Confederate States law, as to giv¬
ing bond and security, <fcc.
On motion, of Mr. Killen, the bill with the Amendments,
was laid upon the table for the present.
On motion the Senate adjourned to 3 o'clock P. M.
Afternoon Session, 3 o'clock p.
The special oidei for the afternoon was passed for the
present, on account of the absence of Mr. Seward.
1 he Senate took up as the report of the committee of
the whole,
A bill for the relief and protection of the right and pro-
MONDAY, NOVEMBER 25th, 1861.
145
perty of the minor children of Sophia McBride of Haralson
county. g 1
Mr. Fletcher offered the following Amendment:
Provided, That Mrs. Sophia McBride shall first give bond
and good security in double the amount of property receiv¬
ed for each minor heir in said case; which was agreed to.
The report as amended was agreed to ; the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole, the following bill from the House of Representatives
to-wit :
A bill to consolidate the offices of Secretary of State and
Surveyor General, and for other purposes.
On motion the said bill was laid upon the table for the
balance of the session.
The Senate took up as the report of the committee of
the whole,
. A bill for the relief of Sumner^W. Baker and Solomon B.
Smith, Executors on the estate of Benjamin Lane, late of
said county, deceased.
The report was agreed to; the bill was read the third
time and passed.
• The Senate took up as the report of the committee of the
whole,
A bill to reimburse and pay by the State to the several
counties in this State, all such sums of money as they may¬
or shall have paid for the equipment of volunteer compa¬
nies from their respective counties, and for the support of
indigent families of such volunteers, and for other purposes-
which, on motion, was referred to the committee on Fi¬
nance.
The Senate took up as the report of the committee of
the whole,
A bill to make effectual the second clause of the second
section of the fourth article of the Constitution of the
State of Georgia, and to prescribe more fully the mode bv
which the rights ^nd disabilities of parties in actions of di¬
vorce shall be determined.
Mr. Killen offered the following amendment to come in
after the word "verdict," after all just debts shall be paid
shall be subject to a division or equal distribution between
the children of such parties, except the Jury before whom
the same may be tried, shall think proper to allow either
party a part thereof; which amendment was lost.
The report was agreed to ; the bill was read the third
time and passed.
1 he Senate took up as the report of the committee of
the whole, the special order, which was,
10
JOURNAL OF THE SENATE,
A bill to incorporate the Cotton Planters' Bank of Geor¬
gia, to give steadiness to the value of cotton an o ma e it
available as the basis of a sound circulating medium tor the
relief of the industrial interests of the country, an at the
same time to enable the planters to control t jeir own cotton
until the blockade now attempted to be enforced is removed,
&c., and for other purposes.
Mr. Gibson moved to make the bill the special order for
Wednesday next; which motion was lost. ^
Mr. Seward moved to amend by inserting in the second
line of the bill, after the word that, the names of Thomas
Jones, Thomas Hardee, Arthur P. Wright, William Stegall,
Jas. L. Seward and Thos J, McBain ; which was agreed to.
Mr. Stafford moved to amend by adding "Blakely" after
"Valdosta," in section third; which was accepted and agreed
to.
Mr. Dyer offered the following amendment, which was
agreed to, to-wit:
At the end of the fourth section, "that if at any time a
majority of the stock is held and controlled by persons non¬
residents of this State, then, and in that event, the said
charter shall be forfeited.
Mr. Hans< 11 offered the following amendments, which were
agreed to, to-wit:
After the word "subscribed" in the fourth section, add
"shall be paid in." Strike out the words "real estate"
in the seventh section, and insert in lieu thereof, "such real
estate as maybe necessary for their business, and such as
they may buy bona fide in collection of any debt or debts
due said company, and no other lands."
Mr. Smith offered the following amendment, which was
agreed to, to-wit :
Add at the end of the seventh section, "that the stock¬
holders of said company shall be liable jointly and several¬
ly, for all debts and contracts created by said company."
Mr. Lewis offered the following amendment, which was
accepted, to-wit: *
"Sec. And be it further.enacted, that no one shall hold
stock in said bank, except he be a cotton planter, nor shall
he subscribe to the capital stock of said bank, any other
than cotton of his own raising.
The report as amended was agreed to, and the bill was
read the third time.
Upo'n the question, "shall this bill pass?" the yeas and
nays were recorded, and were yeas 34, nays 5.
Those who voted in the affirmative were :
Messrs. Anthony, Beasley, Bell, Bothweli, Boyd, Brown,
TUESDAY, NOVEMBER 2Gth, 18G1. 147
Echols, Fletcher, Fort, Furlow, Gaston, Griffin, Hansell,
Hill, James riilliard, Jackson, Jamison, Kendall, Killen,
King, Lane, Lewis, McRae, Mitchell, Moseley, Seward,
Shewmake, Simmons, Smith, Stafford, Swearingen, Ware,
Winn, Wright.
Those who voted in the negative were:
Messrs. Alexander, Dyer, Gibson, Patrick, Stephens.
Yeas 34. Nays 5. So the bill was passed*.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington :
Mr. President:—I am instructed by the House of Repre¬
sentatives to inform the Senate, that they refuse to concur
in the amendments of the Senate to the bill to be entitled
an act to fix the salaries and compensation of certain officers
mentioned therein, and for other purposes ; and they re¬
spectfully request the Senate to recede from the same. The
House of Representatives also refuse to concur in the
amendment of the Senate to a bill entitled an act to fix the
amount of compensation of the members and officers the
General Assembly shall receive for their services, and for
other purposes therein mentioned; and they respectfully ask
the Senate to recede from said amendment.
On motion, leave of absence, for a few days, was granted
to Mr. Both well, after Wednesday next.
On motion of Mr. Seward, the bill last passed, was order¬
ed to be transmitted forthwith to the House of Representa¬
tives.
The Senate adjourned till ten o'clock to-morrow morn¬
ing.
o *
TUESDAY, NOVEMBER 26th, 1861, >
10 o'clock, a. m. )
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Mosely.
Mr. Jackson moved to reconsider so much of the Journals
of yesterday as relates to the vote by which
A bill to legalize the proceedings of G. J. Green, Clerk
of the Ordinary in Spalding county, was passed; which
motion to reconsider was lost.
* The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington :
Mr. President:—I am directed by the House of Rep res-
JOURNAL OF THE SENATE,
entatives to inform the Senate, that they have passed the
following bill, to-wit:
A bill to be entitled an act to repeal the fourteenth sec¬
tion of an act to incorporate the town of Valdosra^ ]n the
county of Lowndes, and for other purposes therein men¬
tioned.
On motion of Mr. Seward, the message of the House of
Reprsentatives refusing to concur in the amendments of
the Senate to the following bills from the House of Rep¬
resentatives :
A bill to fix the salaries and compensation of certain of¬
ficers mentioned therein, and for other purposes.
Also a bill from the House of Representatives to fix the
amount of compensation the members and officers of the
General Assembly shall receive for their services, and for
other purposes.
On motion of Mr. Lewis, the Senate receded from their
amendment to the bill.
Mr. Lewis moved to amend the same by adding to the
end of the first section the following:
Or unless leave of absence was granted by the Senate or
House of Representatives for satisfactory reasons ; which
amendment was agreed to.
Mr. Seward moved that the Senate insist on their amend¬
ments to the former bill, in relation to the salaries of the
Judges of the Supreme and Superior Courts, and to recede
from their amendment in relation to the salary of the Re¬
porter of the Supreme Court.
Which motion was agreed to, and the Secretary ordered
to transmit the same to the House forthwith.
A bill to carry into effect the 4th clause of the 1st sec¬
tion of the 3d article of the constitution of this State, wa&
passed over for the present.
The bill to incorporate the Planters' Insurance. Trust
& Loan Company being taken up, was made the special
order for to-morrow on motion of Mr. Yason.
The rule being suspended,
Mr. Mitchell reported the following bill, to-wit:
A bill to authorize the Justices of the Inferior Courts to
issue bonds and borrow money in certain cases, which bill
was read the first time.
The rule being suspended,
Mr. Mitchell offered the following resolutions, which were
taken up and read, to-wit:
Whereas, The revolution now going on and the war be¬
tween the United States and Confederate States have not
TUESDAY, NOVEMBER 2Gth, 1861. 149
only crippled the agricultural interest of the country, pros¬
trated its commerce, unsettled trade, and utterly deranged
the finances and currency of the Confederate States from
one end of the Confederacy to the other:
And Whereas, The rectification of the national currency
and the sound restitution'of a healthy circulating medium
is, in theopinion of the General Assembly, one of the high¬
est objects and motives of all legislative action :
And Whereas, In the opinion of this General Assembly,
for the purpose of restoring and furnishing a sound national
circulating medium, it is the duty of the Congress of the
Confederate States to issue such an amount of Confederate
States Treasury notes as may be necessary to purchase all
the surplus cotton, rice, tobacco, flour, bacon, and corn, at
a remunerating price to the producer—such price as will
alone pay the producer for the labor bestowed in the pro¬
duction of each article, and pay for the same jn Treasury
notes, redeemable in gold or silver coin or Confederate
States bonds, bearing an interest of eight per cent, two
years after the close of the present war; said bonds to run
for such time as may be agreed upon by the parties.
1. Resolved, Therefore, that our Senators and Represen¬
tatives in the Congress of the Confederate States be re¬
spectfully requested to use all their efforts and influence to
have a bill passed by the Confederate Congress for the pur-
'pose of carrying into effect the policy indicated in the fore¬
going preamble.
2. Resolved, That copies of the foregoing preamble and
resolutions be forwarded to each of our Senators and Rep¬
resentatives in the Confederate Congress.
Mr. Lewis, from the Committee on Finance, made the
following report:
The Committee on Finance have considered the several
bills referred to them on the subject of authorizing the In¬
ferior Courts of the several counties therein named to raise
extra taxes for equipping Volunteer companies, &c., and
recommend that the General House bill on said subject be
received as a" substitute for all of them, and be passed by the
Senate.
On motion of Mr. Lewis, the report was taken up.
The bill from the House of Representatives to authorize
the Justices of the Inferior Courts of the several counties
of this State from time to time in their discretion, to levy
such extra taxes as they may deem necessary to equip Vol¬
unteer or other soldiers from their respective counties, and
to provide for the indigent families of soldiers—to author¬
ize the collection of the same, and to legalize their previous
action in the premises, and for other purposes ; was taken
uj> as the report of the committe of the whole.
150
JOURNAL OF THE SENATE,
The Committee on Finance, to whom the bi w re¬
ferred, reported in favor of its passage.
Mr. Hilliard moved to amend the report by 1 ^
the county of Stewart from the second section o e ill,
which was agreed to.
Mr. Gibson offered the following amendment, to come m
at the end of the section next to the last:
Provided, nevertheless, That no Inferior Couit shall be al¬
lowed to collect any poll ox' other tax out of soldiers in the
service of the country—State or Confederate.
Mr. Vason moved to amend the amendment, by adding—
Provided, That no persGn shall be entitled to the benefits
of this provisipn whose property exceeds twenty thousand
dollars ; which motion was lost.
The amendment of Mr„ Gibson was lost.
Mr. SwearingeiKoffered the following amendment as an
additional section:
Sec. Be it further enacted, That the Inferior Court
of any county in this State may raise money for the pur¬
poses mentioned in this Act, by the issue and sale of coun¬
ty bonds; which was withdrawn.
Mr. Bell offered the following amendment, as an addition¬
al section to the bill:
Be it further enacted, That the citizens of the counties of
Gwinnett and Milton, who have contributed money to
equip volunteer companies, or support volunteers' famil¬
ies, upon making out an account thereof, and swearing to
the same, shall, if they desire, have the same deducted
from any tax which may be hereafter assessed against them
for the purposes specified in this act; which was lost.
Mr. Seward offered the following additional section, as
an amendment:
And be itfurther enacted, That the several amounts raised
in each county, under the ojieration of this act, shall be a
charge against the State, and the several counties aforesaid
shall be entitled to demand of the State the sums they may
have expended; and it shall be the duty of the State to
provide for the payment thereof.
Mr. Harris offered the following amendment to the
amendment:
Provided, That not more than twenty-one dollars per
volunteer or man shall be demanded of the State • which
was accepted. '
The amendment of Mr. Seward was then lost.
Mr. Stafford offered the following amendment, which was
lost:
TUESDAY, NOVEMBER 26th, 1861. 151
To strike out "except Academy and Poor and Common
School Funds," in the 5th section.
Mr. Seward moved to recommit the bill to the Military
Committee; which was withdrawn.
The report as amended was agreed to ; the bill read the
third time and passed ; and,
On motion of Mr. Hilliard, of Stewart, ordered to be
transmitted to the House of Representatives forthwith.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill to reimburse and pay by the State, to the several
counties in this State, all such sums of money as they may
have, or shall hereafter pay, for the equipment of volun¬
teers from their respective counties, and for the support of
the indigent families of said volunteers, and for other pur¬
poses. •
The Committee on Finance, to whom this bill w*as re¬
ferred, reported the same back to the Senate, with an amend¬
ment, in the nature of a substitute, entitled
An act to equalize the burthens of taxation among the
several counties of this State, so as to secure a uniform rate
in the taxes levied, or to be levied, for the equipment of
volunteers, and for the support of their indigent families—
with a recommendation that said substitute do pass. Said
substitute was accepted in lieu of the original bill.
On motion of Mr. Seward, the bill was laid upon the
table for the present, and fifty copies ordered to be printed.
The following bills were reported, and read the first
time, to-wit:
Mr. Boyd—An act for the reduction of the salaries of the
officers of the Western & Atlantic Railroad.
Mr. Vason—A bill to be entitled an act to settle conflicts
of the Code of this State with the acts of the last General
Assembly, and for other purposes.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill to repeal an act entitled an act to settle and fix
the hours of labor by all white persons under twenty-one
years of age, in cotton, woolen, and other manufacturing
establishments in this State, and for other purposes, assent¬
ed to 20th day of February, 1861.
The Committee on Agriculture, to whom this bill was
referred, reported the same back to the Senate, with the re-
ccmimendation that it do pass.
The report was agreed to.
Upon the question, Shall this bill pass? the yeas and
nays were recorded. The yeas were 25 ; the nays 16.
Those who voted in the affirmative are—
Messrs. Alexander, Beasley, Bell, Bothwell, Boyd, Brown,
152
JOURNAL OF TIIE SENATE,
Dyer, Echols, Fletcher, Furlow, Gaston, Harwell, Harris,
Hill, Thos. Billiard, Jamison, Killen, Lane, McKae, Mitch-
ell, Patrick, Simmons, Yason, Winn, Wright.
Those in the negative are—Messrs :
Anthony, Fort, Gibson, Griffin, James Hilliard, Jackson,
Kendall, King, Lewis, Moseley, Seward, Shewmake, Staf¬
ford, Stephens, Swearingen, Ware.
Yeas 25, nays 16. So the bill was passed.
The following message was received from His Excellency
the Governor, by Mr. VV aters his Secretary, to-wit;
Mr. President: I am directed by His Excellency the Gov¬
ernor, to deliver to the Senate a communication in writing.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that the House of Represen¬
tatives have receded from their disagreement to the amend¬
ments of tho Senate to the bill entitled an act to fix the sal¬
aries and compensation of certain, officers mentioned there¬
in, and for other purposes.
The House of Representatives has also concurred in the
amendment of the Senate to the bill to be entitled an act
to fix the amount of compensation the members and officers
of the General Assembly shall receive for their services, and
for other purposes therein mentioned; and I am further in¬
structed to transmit this action of the House of Representa¬
tives to the Senate forthwith.
On motion of Mr. Stafford the Senate went into secret
Executive Session.
The secret Session being dissolved the Senate returned to
open session, when on motion the Senate adjourned until
3J o'clock, P. M.
Afternoon Session, 3£ o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Dyer, of the Committee on Enrollment, made the fol¬
lowing report, to-wit :
The Committee on Enrollment report as enrolled and
ready for the signature of the President, a bill to be entitled
an act to fix the amount of compensation the members and
officers of the General Assembly shall receive for their ser¬
vices, and for other purposes therein mentioned.
Also a bill to be entitled an act to fix the salaries and
compensation of certain officers therein mentioned, and for
other purposes.
TUESDAY, NOVEMBER 26th, 1861.
153
On motion of Mr. Hansell the rule was suspended and the
following resolution taken up and read, to-wit:
Remised, By the Senate, the House of Representatives
concurring, that the General Assembly in joint Convention
will convene in the hall of the House of Representatives at
the hour of eleven o'clock, A. M., on Tuesday next, the 26th
inst., for the purpose of electing a Comptroller General, a
State Treasurer, and also a Secretary of State, for the ensu¬
ing two years.
On motion of Mr, Hansell said resolution was amended by
striking out the words "Tuesday, the 26th," and inserting
in lieu thereof the words "Thursday, the 28th."
The resolution as amended was adopted, and ordered to
be transmitted forthwith to the House by the Secretary of
the Senate.
The rule being suspended the following bill from the
House of Representatives was taken up and read the second
time, to-wit:
A bill to change the name of the county of Cass, and for
other purposes.
The Senate took up as the report of the committee of the
whole,
The bill to incorporate the Free Taade & Banking Com-
nany of Georgia, and for other purposes.
The Committee on Agriculture to whom the bill was re¬
ferred reported as a substitute for the original bill a bill to
incorporate the Direct Trade & Navigation Company of
Georgia, and for other purposes, which substitute was re¬
ceived.
The report of the committee was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the committee of the
whole,
A bill amendatory of an act relative to continuances in
certain cases therein named, approved the 9th day of Feb¬
ruary, 18*54.
The Judiciary Committee to whom the bill was referred
reported in favor of its passage. ■
The report was agreed to, the bill was read the third time
and passed.
The rule being suspended on motion of Mr. Stafford the
Senate took up the following resolution from the House
which was read and adopted, to-wit:
Resulted, That a joint Committee of two members of the
House of Representatives and one from the Senate be ap¬
pointed to consider what alteration should be made in the
Great Seal of the State, and that said Committee report by
bill or otherwise.
The President of the Senate appointed Mr. Stafford on said
Committee on the part of the Senate.
154 JOURNAL OF THE SENATE,
The Senate took up as the report of the committee of the
W AJb'ill to authorize the Governor of this State to raise and.
equip thousand of cavalry, and thousand of infan¬
try for the Military service of the State.
The Committee on the Military to whom the bill was re¬
ferred reported as a substitute for the original bill a bill to
amend an act entitled an act to provide for the public de¬
fence, and for other purposes, assented to Decembei 18th,
I860.
Mr. Killen moved to amend the substitute by adding the
following Section to come in before the repealing clause:
Sec. . Be it further enacted by the authority aforesaid, That
for the accommodation, equipment and support of the forces
now in the active service of the State, and such as may be
called into service under the provisions of this and the above
recited act (of which this act is amendatoiy) it shall be law¬
ful for the Commander in Chief of the State and he is here¬
by authorized and required to appoint such Quartermasters,
Commissaries and other staff officers as to him may be deem¬
ed necessary, and to commission them respectively with the
same rank and grade as is provided by the laws of the Con¬
federate States for the like officers in the army of the Con¬
federate States, said appointees first complying with similar
requirements to those required of the like appointees under
said Confederate law as to givfng bond and security, &c.—
Which amendment was agreed to.
Mr. Vason moved to amend the substitute by adding at
the end of the first Section of the bill "inclusive of the forces
now in the field under the above recited act," which was
agreed to.
The report as amended was agreed to, the bill was read
the third time and passed.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill to incorporate a bank in the city of Savannah to be
called the Cotton Planters' Bank of the State of Georgia.
Mr. Killen offered the following amendments, to-wit:
The title to be as follows: An act to incorporate a bank
to be called "The Bank of the Cotton Planters1 Convention
of the State of Georgia," which was agreed to.
ATso, to strike out in the first Seotion and insert in the
proper place:
"The Bank of the Cotton Planters' Convention of the
State of Georgia, to be located at the city of Savannah or
such other place in said State as said corporation shall de¬
termine, and shall continue until the first day of January,
eighteen hundred and eighty-three," which amendment was
agreed* to.
TUESDAY, NOVEMBER 26th; 1861. 155
Also, to insert in the first blank in the second Section,
"first day of March, eighteen hundred and sixty-two," in
the second blank of second Section, "annual installments,"
in the third blank of second Section, " twelve months,"
which amendment was agreed to.
Also, to insert in the first blank in the third Section "one
hundred dollars," insert in second blank in the third Sec¬
tion, " three hundred thousand dollars," which amendment
was agreed to.
Also, to insert in the first blank in the fourth Section,
"The twelve months," in the second blank in the fourth
Section, " sixty days," in the third blank in the fourth Sec¬
tion, " not less than eight nor more than twelve," which
amendment was agreed to.
Also, to insert in the blank in the sixth Section, " two
hundred," which amendment was agreed to.
Also, to insert in the blank in the seventh Section "fifty"
which amendment was agreed to.
Also, to insert in the first blank in the eleventh Section,
"one thousand" in the second blank in the eleventh Sec¬
tion " sixty," after the word Savannah in eleventh Sectioii
insert "or such other public Journal in this State as they
may deem necessary," which amendment was agreed to.
Also to add:
Sec. 18th. That said corporators may from time to time
establish such branches or other agencies of said bank at
such places in said State as the interest of said bank may
seem to require, and again to abolish or discontinue the
same at pleasure. The said stockholders nevertheless to be
liable for the acts of said branches and agencies in the same
manner and to the same extent as they would be as if done
by the said principal bank, which amendment was agreed to.
Mr. Hill offered the following amendment which wras
agreed to, to-wit: Strike out thq 17th Section of said Act
and insert in lieu thereof the following, to-wit:
Sec. 17. And that the persons and property of the sever¬
al stockholders of said bank of whatever kind, both real,
personal and mixed shall be helu and made liable for all the
debts and liabilities of said bank.
On motion of Mr. Killen said bill was made the special
order of the day for Friday next.
The following message wras received from His Excellency
the Governor by Mr. Waters his Secretary, to-wit:
Mr. President: The Governor has approved and signed the
following Acts, to-wit:
An Act to authorize the City Council of Augusta to issue
one hundred thousand dollars in Treasury notes, and for oth¬
er purposes.
156 JOURNAL OF THE SENATE,
An Act to authorize Charles H. Johnson an administrator
on the estate of' George Dugan, late of Spalding coun y, o
sell the lands of said estate on the first Tuesday in ecem r
D6An Act to alter and amend an act entitled an act to
change and alter the county lines between the counties ol
Dooly and Macon, assented to December 17th, 1S00, and
also to change the lines between the counties of C ayton
and Fulton, and for other purposes.
The rule being suspended Mr. Lane introduced a resolu¬
tion to appoint a joint Committee of the benate and House
of Representatives to examine into the business before the
General Assembly and select such bills as are of the greatest
public importance for the action of the General Assembly,
and leaving the balance as the unfinished business of the
Session. The Senate refused to take up the resolution.
The following bills were taken up, read the second time
and referred to the Judiciary Committee, to-wit:
A bill to define the costs of Ordinaries and Clerks of the
Superior Courts, in certain cases.
Also, a bill to declare certain offices vacant in certain ca¬
ses, and provide for the filling of such vacancies.
The following bill was taken up, read the second time
and referred to the Committee on Education, to-wit:
A bill to confer certain powers on the Inferior Courts of
this State in relation to the receipt and disbursement of the
Common School fund, and for other purposes.
The following bills. wTere severally taken up, read the
second time and referred to the committee of the whole:
A bill to define the duties of the Clerks of the Superior
and Inferior Courts of this State, in certain cases.
Also, a bill to consolidate the offices of Clerk and Report¬
er of the Supreme Court of Georgia.
Also, a bill to repeal so much of the 12th Section of an
act to carry into effect that part of the first Section of the
Constitution which requires the establishment of a Supreme
Court for the correction of errors, and to organize the same
and to regulate the proceedings thereof.
Also, a bill to make efficient the volunteer organization
of this State.
Also, a bill to amend the charter of the Cherokee Insu¬
rance & Banking Company, so as to reduce the capital stock
of said bank; to release the same from extra taxes assessed
against said bank, and for other purposes—which was or¬
dered to be engrossed.
Also, a bill to authorize the connection of the Railroad of
the Savannah, Albany & Gulf R. R. Co., and the Railroad of
the Central & Banking Company of Georgia, by a track
running through or around the city of Savannah.
'WEDNESDAY, NOVEMBER 27th, 1861. 157
Also, a bill to repeal an act to regulate the agencies of
Foreign Insurance Companies, and to provide for the ap¬
pointment of an Insurance Commissioner, assented to 12th
December, 1859.
Also, a bill to incorporate the Georgia Telegraph Com¬
pany.
Also, a bill to incorporate in the State of Georgia an Insu¬
rance company to be called "The Great Southern Insurance
Company.
The following bill was taken up, read the second time and
referred to the committee on the State of the Republic, to-
wit:
A bill to provide the terms of citizenship, and residence
in certain cases, and for other purposes.
The Senate then, on motion, went*into Executive Sess¬
ion, and after remaining some time the Executive Session
was dissolved, and the Senate resumed its regular business.
On motion the Senate adjourned until ten o'clock, to¬
morrow morning.
WEDNESDAY, NOVEMBER 27th, 1861, >
10 o'clock, a. m. « )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Pinkerton.
The Senate took up as the report of the committee of the
whole,
A bill to amend an act incorporating the Bank of Fulton.
The Committee on Banks to whom the bill was referred
reported in favor of its passage.
The report was agreed to, the bill was read the third time
and passed.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carririgton:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill, to-wit:
A bill to be entitled an act to authorize the Governor to
draw money from the Treasury for the support of the State
troops: and I am directed to transmit the same to the Sen¬
ate forthwith.
They have, also, passed the following Senate bill, to-wit:
A bill to be entitled an act to allow the Tax Collectors of
this State further time to settle with the Treasurer. I am
directed forthwith to transmit the same to the Senate.
158 Journal of the senate,
The rale being suspended on motion ^-n^nm th!
Senate took up and read for tlie first time A Li
House of Representatives, to authorize the Go
draw money from the Treasury for suppoi o ie a e
,tr°The Senate took up as the report of the committee of the
W A bill to amend an act incorporating the North Western
Bank of Georgia. '
The Committee on Banks to whom the bill was referred
reported in favor of its passage. _ _
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole,
A bill to prescribe the term of office of the Judges of the
Supreme Court of this State.
The report was agreed to, the bill was read the third time
and passed.
The special order which was a bill to incorporate the
Planters' Insurance, Trust & Loan Company was taken up,
and on motion, ordered to lie on the table for the present.
The Senate took up as the report of the committee of the
whole,
A bill to authorize Volunteers and other troops to vote
at all elections, &c.
The Committee on Elections to whom this bill had been
referred reported the same back to the Senate with an
amendment, to-wit: After the word " State " in the first
Section insert " except such elections as are not returnable
to the Executive Department," and recommend that said
bill as amended do pass.
Mr. Jamison offered the following amendment which was
agreed to, to-wit:
Strike out in the last line of the second Section the words
" one month," and insert in lieu thereof " fifteen days."
The report as amended was agreed, the bill was read the
third time and passed.
The Senate took up as the report of the committee of the
whole,
A bill amendatory of an act for the election of Public Prin¬
ter, and to regulate the printing to be required to be per¬
formed by the Legislature.
The Committee on Printing to whom the bill was refer¬
red reported it back with an amendment, requiring th e low¬
est bidder before giving bond, to take an oath that he has
not entered into any combination with any person or prom'
ised to give any person or persons any money, or the pro¬
mise of it, to prevent them from underbidding him for the
State Printing.
WEDNESDAY, NOVEMBER 27th, 1S61.
Mr. Bell offered the following amendment which was
agreed to; Provided, The provisions of this Act shall not ap¬
ply to the present Public Printer.
On motion the bill with amendments was indefinitely"
postponed.
The Senate took up as the report of the committee of the
whole,
A bill to authorize the connection of the Railroad of the
Savannah, Albany & Gulf Railroad Company and the Rail¬
road of the Central Railroad .& Banking Company of Geor¬
gia, by a track running through or around the city of Sa¬
vannah.
The report was agreed to, the bill was read the third
time and passed.
Mr. Dyer, from the Committee on Enrollment, reported
as duly enrolled and ready for the signature of the President
an act to extend the time for Tax Collectors in this State to
make their settlements with the State Treasurer.
The Senate took up as the report of the committee of the
whole,
A bill to incorporate in the State of Georgia an Insurance
Company to be called " The Great Southern Insurance
Company.".
Mr. Gibson offered the following amendment which was*
agreed to, to-wit: Add to names of corporators from Au¬
gusta, Wm. J. Owens, Robert J. May, Jesse A. Ansley and
Wm. A. Ramsay.
Mr. Beasley offered the following amendment which was
agreed to, to-wit: " Provided, that said Corporation shall
not issue policies exceeding the capital stock subscribed."
Mr. Boyd offered the following amendment which was
agreed to, to-wit:
Sec. . And be it further enacted, That the persons and proper-*
ty, both real and personal, of each and every stockholder of -
said Company shall be liable for the payment of the debts
and liabilities of said Company in proportion to the amount
of stock owned by each which may be recovered against
him, her or them in any Court of law or equity having ju¬
risdiction.
Mr. Seward offered the following amendment, which was
agreed to, to-wit: To limit the rate of interest upon loans
of money to seven per cent, per annum.
Mr. Seward offered the following amendment, to-wit :
Provided, That said corporation shall hold no more real or
personal estate than may be necessary for business purposes.
To which amendment Mr. Hansell offered the following
amendment:
Or such as they may bona fide acquire in the settlement or
adjustment of policies, or in the collection of debts due them.
160 JOURNAL OF THE SENATE,
Both tlie amendment to the amendment, and the amend¬
ment were lost.
On motion of Mr. Brown the bill was laid upon the table
for the present.
The following bills were severally taken up and postpon¬
ed indefinitely:
A bill to repeal so much of the 12th Section of an act to
carry into effect that part of the 1st Section of the Consti¬
tution which requires the establishment of a Supreme Court
for the correction of errors, and to organize the same, and
to regulate the proceedings thereof.
Also, a bill to consolidate the offices of Clerk and Report¬
er of the Supreme Court of Georgia.
Also, a bill to carry into effect the 4th clause of the 1st
Section of the 3d Article of the Constitution of this State.
A bill to define the duties of the Clerks of the Superior
and Inferior Courts of this State, in certain cases, was refer¬
red to the Judiciary Committee.
The Senate took up as the report of the committee of the
whole,
A bill to incorporate the Georgia Telegraph Company.
The report was agreed to, the bill was read the third time
and passed.
Mr. Seward, chairman of the Judiciary Committee, made
the following report:
A bill to define the cost of Ordinaries and Clerks of the
Superior Courts in certain cases: Having had the same un¬
der. consideration, report the same back to the Senate and
recommend it do pass with an amendment.
Also, a bill to declare certain offices vacant, in certain
cases, and to provide for filling such vacancies, report the
same back to the Senate and recommend it do pass, with an
amendment.
Also, a bill amendatory of an act to incorporate the Dal-
ton City Company, approved February 23d, 1850, and to
add an additional Section thereto, and for other purposes,
report the same back to the Senate with a substitute for the
original bill, and recommend it do pass.
The rule being suspended on motion of Mr. Seward the
report of the Judiciary Committee was taken up.
The Senate took up as the report of the committee of the
whole,
A bill to define the cost of Ordinaries and Clerks of the
Superior Courts, in certain cases, and for other purposes.
The Judiciary Committee to whom this bill was referred
reported it back with the following amendments:
Proposing $100, instead of $150, in the 8th line of 1st
Section; and $1,00 instead of 50 cents, in the tenth line;
and 50 cents instead of $1,00, in the eleventh line, of said
WEDNESDAY, NOVEMBER 27TH, 1861. 161
Section ; and by $3,00 instead of $5,00 in the fifth line, of the
second Section ; and by adding the following to the first
Section, to-wit: "For every order granted by said Court
$1,00."
The report of the Committee was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the committee of the
whole,
A bill to declare certain offices in this State vacant, and
to provide for filling such vacancies.
The Judiciary Committee to whom this bill had been re¬
ferred reported the same back to the Senate with an amend¬
ment, with the recommendation that the same do pass.
Mr. Mitchell offered the following amendment'which was
agreed to, to-wit: Except in such cases as by law he may
be entitled to appoint a Deputy.
Mr. Moseley offered the following amendment which was
agreed to, to-wit: To add to the caption from and after the
first day of January next.
Mr. Stafford made a motion to lay the bill on the table
for the balance of the Session, which was lost.
Mr. Lewis offered the following amendment in the nature
of a substitute for the original bill and amendments, which
was agreed to, to-wit: *
A bill to be entitled an act to declare the office of Ordi¬
nary vacant in certain cases. «
SECTION 1. The General Assembly dq enact, That from and
after the first day of January next, the office of Ordinary
shall be declared and considered va-cant when the incum¬
bent of that office is in the military service of this State, or
of the Confederate States.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole,
A bill to amend an act to amend the charter of the Dal-
ton City Company, &c.
The Judiciary Committee to whom this bill had been re¬
ferred, reported the same back to the Senate with an
amendment in the nature of a substitute, to-wit:
A bill to be entitled an act to amend the Charter of the
Dalton City Company, approved 23d February, 18-r>0, with
the recommendation that the same as amended do pass.
The report as amended was agreed to, the bill was read
the third time and passed.
The Seuate took up as the report of the committee of the
whole,
A bill fixing the fees of the Ordinaries of the State.
The Judiciary Committee to whom the said bill had been
11
162
JOURNAL OF THE SENATE,
referred, reported the same back to the Senate with, the rec¬
ommendation ihat it do not pass.
The report was agreed .to, and the bill was lost.
On motion of Mr. Boyd* the rule was suspended, and the
following bill was taken np, read the second time and re¬
ferred to the Committee on Finance, to-wit -
A bill for the reduction of the salaries of the officers of
the Western and Atlantic Railroad.
The Senate took up as the report of the committee of the
whole the following engrossed bill, which on motion was
laid upon the table for the present, to-wit:
A bill to amend the charter of the Cherokee Insurance
and Banking Conjpany, so as to reduce the capital stock of
said band—to release the same from extra taxes assessed
against the said bank, and for other purposes.
The Senate took up as the report of the committee of the
whole,
A bill to make efficient the volunteer organizations of this
State.
The Committee on the Military to whom this bill had
been referred reported the same back to the Senate, with
the recommendation that it do pass.
Mr. Hansell offered the following amendment which was
agreed to, to-wit; After the word " member " insert the
wrords over eighteen years of age.1'
Mr. Seward offered the following amendment which was
agreed to, to-wit:
Provided, That this act shall not apply to persons who
may become diseased or infirm, or who may suffer from fami¬
ly afflictions or losses by death, and which in the discretion
of the commanding vfficer may constitute a reasonable ex¬
cuse.
Mr. Vason offered the following amendment to the amend-
• O
ment, which was lost: Or be satisfied his association there¬
with is unprofitable to the country.
Mr. Mitchell offered the following amendment which was
agreed to, to-wit:
Provided, This act shall cease after the expiration of the
present war.
The report as amended was agreed to. Upon the ques¬
tion shall this bill pass the yeas and nays were recorded and
were yeas 1G, nays 25.
Those who voted in the affirmative are—Messrs :
Bothwell, Brown, Dyer, Fletcher, Fort, Gaston, Gordon,
Hansell, Tlios. Hilliard, Jackson, Killen, King, Moseley,
Seward, Shewmake, Smith, Winn.
Those who voted in the negative are—Messrs.:
Alexander, Beasley, Bell, Boyd, Echols, Furlow, Gibson,
THURSDAY, NOVEMBER 28th, 1861. 16-3
Grriffin, Harris, Hill, James Hilliard, Jamison, Kendall,
Lane, Lewis, McRae, Mitchell, Hatrick, Simmons, Stafford,
Stephens, Swearingen, Yason, Ware, Wright.
So the bill was lost.
On motion the Senate adjourned until to-morrow morn¬
ing, ten o'clock.
THURSDAY, NOVEMBER, -28th' 1861. >
10 o'clock, a. m. )
The Senate met according to adjournment, and wasjopen-
with prayer by the Rev. Mr. Pinkerton.
Mr. Brown move^ to reconsider &o much of the Journal
)f yesterday as relates to the action of the Senate upon a
)ill to incorporate, in the State of Georgia, an Insurance
Company to be called, The Great Southern Insurance Com-
)any.
The motion to reconsider prevailed.
Mr. Killen moved to reconsider so much of the Journal
if yesterday as relates to the vote by which a bill to make
sfficient the volunteer organization of this State, was lost.
The motion prevailed, and the bill recommitted to the
Military Committee.
Leave of absence was granted to Mr, Swearingen, for a
ew days. ,
The following message was received from the House of
lepresentatives by Mr. Carrington, their Clerk, to-wit:
Mr. President:—lam directed by the House of Represen-
atives to inform the Senate that |ihe House of Representa-
ives have concurred iti the Senate l*esolution, to bring on
he election of Comptroller General, Treasurer, and Secre-
ary of State at the hour of eleven o'clock A. M.> on Thurs-
Say 28th instant.
And that they tjave concurred in the Senate amendment,
o the House bill entitled an act to authorize the Justices of
he Inferior Courts of the several counties of this State,
rom time to time, in their discretion, to levy such extra
axes as they may deem necessary to equip volunteer or oth-
r soldiers from their respective counties, and to provide for
ae indigent families of soldiers ; to authorize the collec-
on of the same, and to legalize their previous action in the
remises, and for other purposes.
For a bill of the Senate to be entitled an act to re-enact
le Stay laws so far as relates to the stay of judgments and
Kecutions ; the House have agreed to the following substi-
164
JOURNAL OF THE SENATE,
tute: which is, "an act for the relief of the banks in tins
State, and for other purposes ; which substitute the House
have passed.
The House have also passed the following bill to wit:
A bill to be entitled "an act" to grant relief to the Peo¬
ple of Georgia by staying the enforcement of executions
against the persons and property of the citizens of this
State, until the first day of December, 1862, and for other
purposes.
All of which, action by the House of Representatives, I
am directed, forthwith, to transmit to the Senate.
The House of Representatives bas also passed the fol¬
lowing bill of the Senate, to-wit:
A bill to be entitled an act to consolidate the offices of
Tax Receivers and Collectors, and to require the da-
ties thereof to be performed by one officer, to be styled
Tax Receiver and Collector.
The rule being suspended, on motion of Mr. Seward, the
following bill fropci the House of Representatives was read
the first time:
A bill to grant relief to the people of Georgia, by stay¬
ing th$ enforcement of executions against the persons and
property of the citizens of this State, until the first day of
December, 1862, and for other purposes.
The rule being suspended, on motion of Mr. Hansell, the
following bill from the House of Representatives was read
the second time:
A bill to authorize the Governor to draw money from the
Treasury for the support of the State troops.
Mr. Dy6r, Chairman of the committee on Enrollment, re¬
ports as duly enrolled and ready for the signature of the
President:
An Act to authorize the Justices of the Inferior Courts
of the several counties of this State, from time to time, in
their dircretion, to levy such extra taxes as they may deem
necessary to equip volunteer or other soldiers from their re¬
spective counties, and to provide for the indigent families of
soldiers ; to authorize the collection of the same, and to
legalize their previous action in the premises, and for other
purposes.
The committee on Finance, through their Chairman, Mr-
Lewis. made the following report:
The committee on Finance have had under consideration
the "correspondence between His Excellency the Governor
and the Banks, as to the sale of State bonds," and have in¬
structed me to report a bill in accordance with the su^es-
tions of the Governor, to be entitled "An Act for relief of
the several banks of this State which have made advances
THURSDAY, NOVEMBER 28th, 1861. 165
o toe State upon bonds or other contracts, and for other
purposes" ; and to recommend its passage.
The rule being suspended, on motion of Mr. Lewis, the
bill above stated was taken up and read the first time.
The committee on Finance, through Mr. Lewis, their
Chairman, made the following report:
The committee on Finance in joint session with the like
committee of the House of Representatives have consider¬
ed the bill referred to them, to ba entitled an act to assume
and pay into Confederate States of Ainepca the taxes as¬
sessed or to be assessed against the citizens of Georgia^ un¬
der an act of the said Confederate States, usually called the
Confederate War Tax act passed on the day of
1861 ; and said joint committee hate agreed upon a substi¬
tute for said Senate billj and instructed the Chairman of the
Hous6 Committee, to report said substitute to the House
of Representatives, with a recommendation that it pass.
The rule being suspended, on motion of Mr. Mitchell, the
Senate took up and read the second time, a bill to authorize
the Justices of the Inferior Court to issue bonds and bor¬
row money in certain cases.
The rule being suspended, the Senate took up for a third
reading an engrossed bill to amend the charter of the Cher¬
okee Insurance & Banking Company, so as to reduce the
capital stock of said bank, to release the same from extra
tax assessed against the said bank, and for other purposes.
On motion of Mr. Jackson, the bill was recommitted.
Mr. Jackson offered the following amendment, to come in
before the repealing clause :
Provided, That the said stockholders pay into the Treasu¬
ry of this Statq the balance of the amount returned as due
from said bank, which amount is one huildred and thirty-
five dollars and thirteen cents.
Mr. Mitchell offered the following amendment:
Provided, That none of the provisions of this act shall be
so construed as in any manner to interfere with the rights
of the Confederate Government under the Sequestration
Act.
The bill with the amendments,, on motion of Mr. Hansell,
was referred to the committee on banks.
Mr. Yason, the rule being suspended, reported a bill to
make penal acts of engrossing or monopolizing, and for other
purposes, &e.; which was read the first time.
Mr. Yason moved to suspend the rule, and refer the same
to the Judiciary committee ; which motion was lost.
Mr. Dyer, from the committee on enrollment, reported as
duly enrolled and ready for signature, a resolution in rela-
166 JOURNAL OF THE SENATE,
lion to tlie election of Secretary of State, Comptroller Gen¬
eral and Treasurer.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk,to-wit.
Mr. President:—The House of Representatives have pass¬
ed the following bill, to-wit:
A bill to be entitled an act to legalize the proceedings of
the Southern Stockholders of the Brunswick & Florida
Railroad Company ; to change the name of said Company,
and to amend the act of incorporation, to extend the char¬
ter thereof, and to facilitate the building thereof.
On motion of Mr, Jackson, the Senate took ,up the fol¬
lowing bills from the House of Representatives, which were
severally read the second time:
A bill to legalize the adjournment of certain Superior
Courts in the Northern Circuit.
Also, a bill to authorize the Ordinary of DeKalb county,
to grant letters of Administration on the estate of Thomas
Chivers, deceased, of said county.
The following bills from the House of Representatives
were severally read the first time:
A bill tQ aid the Georgia Relief and Hospital Asssociation,
and to appropriate money therefor.
Also, a bill to appropriate money for the support of the
Georgia Academy for the Blind*
Also, a bill to legalize the proceedings of the Southern
Stockholders of the Brunswick and Florida "Railroad Com¬
pany, to chknge the naine of said Company, and to amend
the act of incorporation, to extend the charter thereof, and
to facilitate the building thereof.
Also, a bill to repeal the fourteenth section of an act en¬
titled an act to incorporate the town of Yaldosta, in the
county of Lowndes, and for other purposes therein men¬
tioned.
Also, a bill to incorporate the town of Bellville in the
county of Richmond, to provide for the election of officers,
<fcc.
Also, a bill to amend an act, approved December 1.7tb,
1859, entitled an act to prescribe the time of holding elec¬
tions for Senators in the Congrsss of the United States from
the State of Georgia.
Also, a bill to alter and amend an act entitled an act to
incorporate the town of Jonesboro, in the county of Clay¬
ton, to provide for the election of Marshals and Clerks
&c.
Also, a bill to give to the several Justices' Courts of this
State, jurisdiction in cases sounding in damages in certain
cases.
THURSDAY, NOVEMBER 28TH, 1861. 167"
Also, a bill to incorporate the CaveudoiV Creek & Fields
Gold Mining.Company, and for othe^r purposes therein men¬
tioned.
The following bill was read the second time :
A bill to settle conflicts of the Code of this State with
the acts of the General Assembly, and for other purposes.
The Senate took up as the report of the committee of the
whole,
A bill to repeal an act to regulate the agencies of For¬
eign Insurance Companies, and to provide for the appoint¬
ment of an Insurance Commissioner, assented the 12th .of
December, 1859.
Mr. Gordon offered the following amendment, which was
agreed to :
Provided, That the provisions of this act shall not extend
to the Insurance Companies located within the United
States of America.
The report as amended was agreed to ; the bill was read
the third time and passed.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President:—The House of Representatives liave pass¬
ed by the Constitutional majority, over the vijto of His
Excellency Governor Joseph E. Brown, the following Act,
to-wit:
An Act to fix the salaries and compensation of certain of¬
ficers mentioned therein, and for other purposes ; arid I am
directed to transmit the same to the Senate forthwith.
On motion of Mr. Sewaid, the Senate took up the mes¬
sage from the House of Representatives in relation to a bill
to fix the salaries and compensation of certain officers men¬
tioned therein, and for other purposes ; which bill was pass¬
ed by the General Assembly, vetoed by the Governor, and
passed by the House of Representatives, over the Govern¬
or's veto, by a Constitutional majority.
Mr. Gordon moyed to postpone further action upon the
bill, to the day before adjournment of the General Assem¬
bly.
Mr. Hansell proposed a postponement to Friday the 6th
proximo, which was accepted by Mr. Gordon.
The motion to postpone was lost.
The bill was taken up, and upon the question, shall this
Act pass by a Constitutional majority over the veto of His
Excellency the Governor, the yeas and nays were recorded,
and the yeas were 31 and the nays 10.
Those who voted in the affirmative were:
Messrs. Alexander, Anthony, Beaseley, Bell, Boyd, Ech-
i68* JOURNAL OF THE SENATE,
6ls, Fletcher, Fort, Furlow, Oaston, Griffin, Harris, Hill,
James* Hilliard, Thomas Hilliard, Kendall, Killen, Lane,
McRae, Mitchell, Moseley, Patrick, Seward, Shewmake,
Simmons, Smith, Stephens, S^vearingen, WarQ, Winn,
Wright.
Those who voted in the negative are:
Messrs. Brown, Dyer, Gordon, Hansell, Jackson, Jami¬
son, King, Lewis, Stafford, Vason.
Yeas 31 ; Nays 10. So the bill was passed by a Consti¬
tutional Majority.
The Senate then adjourned till three and a half o'clock
this evening.
Afternoon Sessio^, 3^ o'clock p. m.
The Senate met according to adjournment.
On motion of Mr. Hansell, the Action of the Senate upon
the bill to fix the salaries and compensation of certain offi¬
cers mentioned therein, and for other purposes, was ordered
to be transmitted forthwith to the Hou^p of Representa¬
tives.
The following Message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr President :-1-I am instructed by the House of Repre¬
sentatives to inform the Senate, that they are now ready to
receive them in their Hall for the purpose of electing a
Secretary of State, a Comptroller General and State Treas¬
urer.
The following message was received from the House of
Reresentatives by Mr, Carrington, their Clei'k :
Mr, President:—I am directed by the House of Represen-
tutives to inform the Senate, that they have passed the fol¬
lowing bill, to-wit:
A bill to be entitled an act for the relief of Mrs. Margaret
Dillon, Administratrix of the estate of Michael Dillon, all of
Chatham county ; and I am directed to transmit the same
forthwith to the Senate.
On motion of Mr. Gordon the Senate repaired to the Rep¬
resentative Hall, and after being seated, the General Assem¬
bly proceeded to the election of Comptroller General.
Upon the call of the roll, the Senators who voted for Pe¬
terson Thweatt were:
THURSDAY, NOVEMBER 2Sth, 1861. 169
Messrs. Alexander, Anthony, Beasely, Bell, Billups, Boyd*
Brown, Dyer, Fletcher, Fort, Furlow Gaston, Gordon, Grif¬
fin, Hansell, Harris, Hill, James Hilliard, Thomas Hilliard,
Jackson, Jamison, Kendall, Killen, King, Lane, Lewis, Mc-
Rae, Mitchell, Moseley, Patrick, Seward, Shewmake, Sim¬
mons, Smith, Stafford, Stephens, Swearingen, Yaaon, Ware,
Winn, Wright.
On the voting for a Comptroller General, including the
vote of the House of Representatives, Peterson Thweatt re¬
ceived 108 votes. This being a majority of the members
composing the General Assembly, on motion, the call of
the roll was suspended, and Peterson Thweatt declared du¬
ly elected.
The General Assembly then proceeded to elect a State
Treasurer.
Upon a call of the roll, the Senators who voted for Mr.
Jones, were:
Messrs. Alexander, Beaseley, Boyd, Brown, Dyer, Echols,
Fletcher, Fort, Furlow, Gaston, Gordon, Hansell, Harris,
Hill, Thomas Hilliard, Jackson, Jamison, Kendall, Killen,
King, Lewis, Mitchell, Mpseley, Patrick, Seward Shew¬
make, Simmons, Smith, Stafford, Swearingen, Ware, Winn,
Wright.
Those who voted for Mr. Kiddo, were:
Messrs. Anthony, Bell, Billups, Griffin, James Hilliard,
Lane, McRae, Stephens, Yason.
On the voting for State Treasurer, including the vote of
the Senate and House of Representatives, Mr. Kiddo receiv¬
ed 31 votes, and Mr. Jones received 119 votes. This being
a majority of the members of the General Assembly, on
motion, the call of the roll, was suspended, and Mr. Jones
declared duly elected.
The General Assembly then proceeded to the election of
Secretary of State.
1st voting for secretary of state.
Those who voted for Mr. Quillen were:
Messrs. Alexander, Beaseley, Billups, Boyd, Hansell,
Jackson, Jamison, Seward, Simmons, Stephens.
Those who voted for Mr. Wellborn, were :
Messrs. Dyer, Gaston, Hill, Patrick.
Those who voted for Mr« Barnett, were:
Messrs. Griffin, Harris, Jas. Hilliard, Lane, Lewis, McRae,
Mitchell, Moseley, Shewmake, Ware.
Those who voted for Mr. Williams were :
Messrs. Anthony, Bell, Echols, Kendall, Killen.
Those who voted for Mr. Hammond, were :
Messrs. Brown, Fletcher, Fort, Furlow, Gordon, Thos.
170 JOURNAL OF THE SENATE,
Hilliard, King, Smith, Stafford, Swearingen, Yason, Winn,
Wright.
The result of the first voting for Secretary of State, in¬
cluding the vote of the Senate and House of Representa¬
tives, was as follows:
B. B. Quillian received 42 votes.
N, C. Barnett " ^ "
C.D. Hammond " 42 "
W. A. Williams " 25 "
C. J. Wellborn " 48 "
196
Necessary to a choice, 99.
There being no election, the General Assembly proceed¬
ed to a second voting.
i
2d voting fob secretary op state,
Upon a call of the roll, the Senators who voted for Mr.
Barnett, were :
Messrs. Alexander, Bell, Bil^ips, Echols, James Hilliard,
Thos. Hilliard, Jamison, Kendall, Lane, Lewis, McRae,
Mitchell, MoSeley, Shewmake, Stephens, Ware.
For Mr. Wellborn :
W Messrs. Beasgley, Boyd, Gaston, Harris, Hill, Jackson,
Killen, Patrick, Seward, Simmons.
For Mr. Hammond :
Messrs. Anthonyy Brown, Dyer, Fletcher, Fort, Furlow,
Gordon, Griffin, Hansell, King, Smith, Stafford, Swearingen,
Vason, Winn, Wright.
The result of the second voting of the General Assembly
was as follows:
Mr. Barnett received 63 votes.
Mr. Wellborn " 78 "
Mr. Hammond " 55 "
196
Necessary to a choice, 99.
There being no election, the General Assembly proceed¬
ed to a third voting for Secretary of State.
3d voting for secretary of state.
Upon a call of the roll, the Senators who voted for Mr.
Barnett, were:
Messrs. Alexander, Anthony, Bell, Billups, Echols,
Fletcher, James Hilliard, Jamison, Lane, Lewis, McRae,
Mitchell, Moseley, Shewmake, Ware. '
THURSDAY, NOVEMBER 28th, 1861. 171
For Mr. Wellborn :
Messrs. Beaseley, Boyd, Gaston, Harris, Hill, Jackson,
Kendall, Killen, Patrick, Seward, Simmons, Stephens, Winn.
For Mr. Hammohd:
Messrs. Brown, Dyer, Fort, Furlow, Gordon, Griffin,
Hansell, Thos. Hilliard, King, Smith, Stafford, Swearingen,
Yason, Wright.
The result of the third voting of the General Assembly
was as follows:
Mr. Barnett received ' 71 votes.
Mr. Wellborn 79 "
Mr. Hammond " n * 46 "
196
Necessary to a choice, 99.
There being no election, the General Assembly proceed¬
ed to a fourth voting.
4th Voting for secretary op state.
Upon the call of the roll, tb& Senators who voted for Mr.
Barnett, were:
' Messrs. Alexander, Anthony, Rrown, Echols, Fletcher,
Furlow, Griffin, Jas, Hilliard, Jamison, King, Lane, Lewis,
McRae, Mitchell, Moseley, Shewmake, Stephens, Swearin¬
gen, Vason, Ware, Wright.
For Mr. Wellborn i
Messrs. Beaseley, Boyd, Gaston, Gordon, Hansell, Harris,
Hill, Thos, Hilliard, Jackson, Kendall, Killen, Patrick, Sew¬
ard, Simmons, Winn.
For Mr. Hammond :
Messrs. Dyer, Fort, Smith, Stafford.
The result of the fourth voting of the General Assembly
was as follows:
Mr. Barnett received ,. 100 votes.
Mr. Wellborn " - 93 "
Mr. Hammond " —.. 4 "
197
Nathan C. Barnett having received a majority of the
votes given, was declared by the President of the Senate,
duly elected Secretary of State for the ensuing two
years.
The Senate returned to the Senate Chamber, and on mo¬
tion of Mr. Ware, adjourned until 10 o'clock to-morrow
morning.
172 JOURNAL OF THE SENATE,
FRIDAY, NOVEMBER 29TH, >
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Fiinn.
Leave of absence was granted to Mr. Patrick foy the bal¬
ance of the Session on account of indisposition.
The Senate took up the special order which was a bill to
incorporate the Bank of the Cotton Planters' Convention of
the State, of Georgia.
Pending the consideration of the bill the following mes¬
sage was received from the House of Representatives by Mr.
Carrington, their Clerk:
Mr. President: I am instructed by the House of Represen¬
tatives to inform the Senate that they have passed the fol¬
lowing bill, to-wit:
A bill to be entitled an act td authorize Owen C. Pope,
junior, a minor, of the county of Washington, to probate
and qualify as Executor of the last will and testament of
Owen C. Pope, senior, late of said cdunty deceased, and I
am directed to transmit the same forthwith to the Senate.
The Senate resumed the consideration of the special or¬
der—the bill being re-committed to the committee of the
whole was read and acted upon by sections:
Mr. Killen offered the following amendment to the second
section of said bill, which was agreed to:
Fill blank occuring in the 26th line after the words, "the
lapse of" wvith the Words usix months/'
Also the following amendment to the third section, which
was agreed to:
After the words " in specie" in the 4th line insert the
words " or bonds of the Confederate States or of the State
of Georgia."
Also the following amendment to the sixth section which
was agreed to:
Strike out the word "two" where it occurs in the fifth
line immediately after the words " more than" and insert in
lieu thereof the word " one."
Mr. Vagon offered the following amendment to the tenth
section of said bill which was accepted:
Add " paid in" and the amount of bonds of the Confeder¬
ate States or of the State of Georgia it may have on hand.
Mr. Gordon offered the following amendment to the four¬
teenth section of said bill, which was accented:
Strike out the words "said original bank or any of its
branches," and insert in lieu thereof " The bank or branches
making such demand."
FRIDAY, NOVEMBER 29th, 1861.
173
Mr. Kill en offered the following amendment to the fif¬
teenth section, which was agreed to:
After the words " in specie " in the last line of said sec¬
tion, ad^ " or bonds of the Confederate States or the State
of Georgia."1
Also the following amendment which was agreed to:
Provided, $0 dividend shall be declared for a greater
amount than ten per cent per annum during its suspension^
On motion the bill was recommitted to the committee on
Banks.
Mr. Dyer, chairman of the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President:
An Act to consolidate the offkes of Receiver of Tax Re¬
turns and of Tax Collectors in this State, and to require the
duties thereof to be discharged by one officer to be styled
Tax Receiver and Collector.
The rule being suspended Mr. Swearingen reported the
following bill which was read the first time :
A bill to be entitled an act for the relief of B. Henri R.
Davenport of the county of Chatham.
The rule being suspended Mr. Simmons reported the fol¬
lowing bill which, was rfead the first time :
A bill to be entitled an act to require one-half of the fines
and forfeitures itaposed by the Judges of the Superior Courts
of the counties of Fannin, Gilmer and Pickens upon crimi¬
nal prosecutions to be paid over to the county Treasurer of
said counties fot county purposes, and for other purposes.
On motion the Senate adjourned till 3£ o'cl6ck, this eve¬
ning.
3£ o'clock, p. m.
The Senate met according to adjournment.
The Senate took up as the report of the committee of the
whole,
A bill to incorporate the Planters' Insurance, Trust &
Loan Company, which was laid upon the table for the pres¬
ent.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole,
A bill to authorize the Justices of the Inferior Court to
issue bonds and borrow money in certain cases.
Mr. Shewmake moved to amend by adding " and for any
other county purposes, (so far as relates to the county of
174
JOURNAL OF THE SENATE,
Burke) as the Grand Jury of said county of Burke may from
time to time recommend, which was accepted.
Mr. Seward moved to amend by adding:
Provided, This act shall not apply to the county of Thom-
as.
Which amendment was amended by adding by Senators
the counties of Fannin, Gilmer and Pickens; Lowndes, Ber¬
rien and Echols; Gordon, Butts, Spalding, Fayette, Whit¬
field, Murray, Wilkes, Columbia, Lincoln and Johnson,
which amendments were accepted.
Mr. Lane offered the following amendment, which was
lost:
Be it further enacted, That the several citizens of said coun¬
ties who have voluntarily contributed of their private means
to the equipping and furnishing the several volunteer com¬
panies already gone into the service of the Confederate States
or of this State, be allowed to make affidavit before any of¬
ficer who may be authorized to administer oaths, of the
amount or amounts wThich they, or each of them may have
so contributed as aforesaid, and that the said contributors be
allowed as a credit the several sums so contributed in pay¬
ment of their taxes for county purposes in said counties as
aforesaid. That said Inferior Cdurt shall have power to as¬
ses the compensation of such Tax Collectors for collecting
said fund.
Mr. Boyd offered the following amendment:
Pi ■ovided, That no bonds shall be issued, money borrow¬
ed or any liabilities incurred by the Inferior Court of any
county in this State without the recommendation of a ma¬
jority of the Grand Jury at any term of the Superior Court.
Which was lost.
Mr. Svvearingen moved to amend by making the bill ap¬
plicable only to the counties of Floyd, Cass, Chattahoochee,
Decatur and Cobb, which was agreed to.
Mr. Hansell offered the following amendment:
Provided, That in no case shall any claim be ever made to
;>r against the State of Georgia Cor any portion of such sum
>r sums of money so raised.
Which was agreed to.
On motion the bill wTas laid upon the table for the bal-
mce of the Session.
Mr. Killen, from the Military Committee, made the fol-
owing report :
The Military Committee to whom was re-committed the
>ill to be entitled an act to make efficient the volunteer or-
;anization of the State, have had the same under considera-
.FRIDAY, NOVEMBER 29ih, 1861.
175
tion and direct me to report tlie same back with the follow¬
ing amendments, and recommend that the same do pass :
Add to the first section :
Provided, That this shall not apply to any company here¬
after to be organized until the organization shall be comple¬
ted by the election of their officers.
2d. Strike out all of <the second section after the ninth
line.
The Senate took up as the report of the committee of the
whole,
A bill to make efficient the volunteer organization of this
State.
The Military Committee to. whom the bill was fefered re¬
ported in favor of its passage with amendments.
The amendments were agreed to.
Mr. Harris moved to amend the report by adding the fol¬
lowing section:
And be it further enacted, That it shall not be lawful for
any individual or individuals in this State (unless he shall
have received a thorough military education at some milita¬
ry institution in this State or elsewhere,) to raise and or¬
ganize or attempt to raise and organize any volunteer com¬
pany for service in this State or the Confederate States, un¬
til he or they shall have first applied for and obtained per¬
mission of the Governor of this State so to do, upon the rec¬
ommendation of the Inferior Court of the county in which
he or they shall reside, or a majority thereof, and three or
more of such other citizens of the said county as said Court
or a majority may select, that he or they are qualified for
such service ; and the Governor shall then grant to such ap¬
plicant or applicants such permission as in his discretion
may most conduce to the interest of the public service—
with permission and authority to receive all able bodied men
from any of the counties in this State into their said compa¬
nies, as hereinbefore provided.
Which amendment was lost.
Mr. Shewmake offered the following amendment:
And be it further enacted, That the provisions of this act
shall apply only to persons whose names have been return¬
ed to the Adjutant General of this State, as ready to be or¬
dered into State or Confederate States service by their con¬
sent. Which was lost.
Mr. Wright offered the following amendment:
And be it further enacted,, That after any volunteer compa¬
ny shall have organized by the election of its officers, any
member who shall withdraw from or resign out of said com¬
pany without the consent of two thirds of said company
shall pay a fine of fifty dollars to be collected from such
withdrawing member by an execution to be issued by the
176
JOURNAL OF THE SENATE,
Captain of said company. When collected said 0
be paid over to the Treasurer of said company, lor t e ene-
fit of said company ; which amendment was lost.
The report as amended was agreed to, and uP°n Pas"
sage of the bill the yeas and nays were recorded, and the
yeas were 30, nays 8.
Those who Voted in the affirmative were Messrs..
Anthony, Beasley, Bell, Boyd, Brown, Dyer, Fletcher,
Fort, Furlow, Gaston, Gibson, Gordon, Hansell, Harris, Hill,
James Hilliard, Thos. Hilliard, Jackson, Jamison, Killen,
King, Lewis, Mitchell, Mosley, Seward, Shewmake, Smith,
Stephens, Winn, Wright.
Those who voted in the negative were—Messrs.:
Alexander, Griffin, Kendall, Lane, Mollae, Simmons, Va-
son, Ware.
So the bill was passed.
The following message was received from His Excellency
the Governor by Mr. Waters his Secretary, to-wit:
Mr. President: I am directed by His Excellency the Gov¬
ernor to deliver to the Senate a communication in writing.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill from the House of Representatives to authorize the
Governor to draw money from the Treasury for support of
the State troops.
The report was agreed to, the bill was read the third time
and passed, and ordered to be transmitted forthwith to the
House of Representatives.
The rule being suspended Mr. Killen offered the follow¬
ing resolution which on motion was taken up, read and
adopted:
Resolved, By the Senate and House of Representatives of
Georgia in General Assembly, That the Governor of said
State be and he is hereby authorized and requested to ten¬
der to the Confederate States Government the volunteer
forces called into service under the law of 1S60, or which
may hereafter be called into service for the State defence in
companies, battalions, regiments, brigades, or divisions as
may be found to be acceptable to the War Department.
Mr. Gordon, chairman of the Committee on Banks, made
the following report:
The Committee on Banks to whom was referred a bill to
be entitled an act to amend the charter of the Cherokee In¬
surance & Banking Company have had the same under con¬
sideration and present certain amendments, and recommend
that the same as amended do pass.
FRIDAY, NOVEMBER 29th, 1861, 177
The following are the amendments reported by said Com¬
mittee :
1st. Add to Section 1st. the following proviso :
Provided, That said company shall not commence or do
any business until twenty-five per cent of their capital stock
shall have been paid in, in specie.
2d. Add the following section :
And be it farther enacted, That the total amount of the
debts which the said bank shall at any time owe, whether
by bond, bill, note, or other contract, shall not exceed three
times the amount of stock actual!}' paid in.
3d. Add to the repealing clause :
Provided, That none of the provisions of this act shall be
so construed as in any manner to interfere with the rights
of the Confederate States under the Sequestration act.
On motion of Mr. Jackson the rule was suspended and
the report of said Committee taken up.
The report as amended was agreed to. The bill was
read the third time and passed.
On motion the following communication from His Excel¬
lency the Governor was taken up and read :
Executive Department, >
Milledgeville, Ga., November 29, 1861. )
To the Senate:
A vacancy exists in the office of Attorney General of this,
State, 'and I hereby nominate and propose by and with the
advice and consent of the Senate to appoint W. W. Mont¬
gomery, of the county of Richmond, to fill the vacancy.
A vacancy exists in the office of Judge of the Superior
Court of the Macon Circuit, and I hereby nominate and pro¬
pose by and with the advice and consent of the Senate the
appointment of the Bon. Osborn A. Lochrane to fill the va¬
cancy.
A vacancy will occur by the expiration of the term of the
present incumbent in the office of Judge of the Superior
Court of the Blue Ridge Circuit within the ensuing year,
and I liereby nominate and propose by and with the advice
and consent of the Senate to appoint Hon. George D. Rice
to fill the vacancy.
A vacancy will occur by the expiration of tlie term of the
present incumbent in the office of Judge of the Superior
Court of the Western Circuit, within the ensuing year, an!
I hereby nominate and propose by and with the advice and
consent of the Senate to appoint Hon. Nathan L. Hutchins
to fill the vacancy.
A vacancy will occur in the office of Judge of the Supe¬
rior Court of the Chattahoochee Circuit by expiration of the
term of the present incumbent within the ensuing year, and
12
178
JOURNAL OF THE SENATE,
I hereby nominate and propose by and with the a vice and
consent of the Senate to appoint Bon. Edmond xi. orrill
4o fill the vacancy. a
A vacancy will occur in the office of Judge of the Supreme
Court by the expiration of the term of the ^ orJ* Charles J.
Jenkins, within the ensuing year, and I heieby nominate
and propose by and with the advice and consent of the Sen¬
ate to appoint Hon. Charles J. Jenkins to fill the vacancy.
JOSEPH E. BROWN.
Leave of absence was granted Mr. Furlow for a few days
on account of sickness in his family.
Leave of absence was also granted to Mr. Seward for a
few days.
The rule being suspended on motion of Mr. Gordon the
following bill from the House of Representatives was read
the first time:
A bill to authorize Owen C. Pope, a minor, of the county
of Washington, to probate and qualify as Executor of the
last will and testament of Owen C. Pope, senior.
The Senate then adjourned until to-morrow morning, 10
■jVclock.
SATURDAY, NOVEMBER 30th, 1S61. )
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Talmage.
Mr. Hansell moved to reconsider the Journals of yester-
?lny so far as relates to the vote of the Senate laying tha
following bill upon the table for the balance of the session:
A bill to authorize the Justices of the Inferior Courts
to issue bonds and borrow money in certain cases ; which
motion prevailed.
Mr. Hansell also moved, to reconsider so much of the
Journals of yesterday as relates to the vote passing a reso¬
lution tendering troops raised and to be raised in this State,
to the Confederate States Government; which motion pre¬
vailed.
On motion, leave of absence was granted to the Senator
from the 24th district (Mr. Brown) for a few days after to-
tiay.
Also, to the Door Keeper of the Senate.
Alf>o, to Mr. Shewmake of the 17th district.
The rule being suspended, on motion of Mr. Lewis the
Senate took up the message of the House of Representa-n
SATURDAY, NOVEMBER 00th, 1861. 179
tives reporting back to the Senate the following bill with an
amendment iu the nature of a substitute, to-wit:
A bill to re-enact the Stay Laws so far as relates to the
stay of judgments and executions, with a request that the
Senate concur therein.
On motion of Mr. Lewis, the Senate refused to concur in
the amendment, and the Secretary of the Senate ordered to
transmit the same forthwith to the House of Representa¬
tives.
Mr. Dyer, from the committee on enrollment, reported
as duly enrolled and ready for the signature of the Presi¬
dent,
An act to authorize the Governor to draw money from the
Treasury for the support of the State troops.
The committee on "the state of the Republic," through
their chairman, Mr. Gordon, made the following report:
The committee on "the state of the Republic," to whom
was referred a bill to be entitled an act to prescribe the
terms of "citizenship and residence in certain cases, and for
other purposes, have had the same under consideration and
report it back to the Senate with certain amendments, and
recommend that it do pass.
The following are the amendments reported by said com¬
mittee :
Add to 1st section ; Provided, that this shall not apply
to any person who has left on business of the Confederate
States or either of them, or who has left by permission of
any constituted State or municipal authority with the inten¬
tion of returning.
Substitute for 2d section; "That a specifip tax of twen¬
ty per cent, shall be hereafter levied upon the property of
any citizen of the United States, who shall hereafter immi¬
grate to this State, in the event such person shall propose
to remove from the State ; and it is hereby made the duty
of the Tax Collector to attach for the amount of each tax,
the property of any such person, upon suspicion, that he
intends to remove, which, said attachment shall be tried,
upon issue made, as in all other cases of attachment."
Substitute for 3d section ; "That no person now a citizen
or resident, of the United States, shall be hereafter permit¬
ted to become a citizen of <3reorgia> \vithout first taking an
oath that he will uphold, maintain, and defend the institu-
ion of African slavery, in tact, forever, so helf him God."
On motion of Mr. Gordon the rule was suspended, and
the Senate took up as the report of the committee of the
whole, the said bill so reported as above stated.
Mr. Bell offered the following amendment which was
lost :
ISO JOURNAL OF THE SENATE,
Provided, That the provisions of this act shall not
apply to the citizens of Maryland, Delaware, Kentucky and
Missouri, who remove to this State.
Mr. Boyd moved to lay the bill on the table for the pres¬
ent, which motion was lost.
Mr. Mitchell offered the following amendment:
Provided, algo, upon application for citizenship by any
person now a citizen or resident of the United States, he
shall further swear, that he has not either directly or indi¬
rectly taken up arms against the Confederate Government*
or any State thereof, daring the present war.
To which amendment Mr. Dyer offered the following
amendments, which was accepted:
And if it should be made to appear that he, she, or they*
should have sworn falsely, that then, and in that event, the-
party so offending, shall be subject to all the pains and pen¬
alties now provided bylaw for false swearing.
The amendment as amended was lost.
Mr. Lewis offered the following amendment, which was
accepted :
To add in the body of the act, after the word "citizen,1^
the words, "or residents."
The report as amended was agreed to ; the bill was read
the third time and passed.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk, to-wit:
Mr. President:—The House of Representatives have pass¬
ed the following Act by a Constitutional majority, over the
Executive veto, of two-thirds, by a vote of yeas"l09 ; nays
37, to-wit :
An act to fix the amount of compensation the members,
and officers of the General Assembly shall receive for their
services, and for other purposes therein mentioned; and I
am directed to transmit the same forthwith to the Senate.
The Special committee of the Senate, through their
Chairman, Mr. Lewis, made the following report:
The Special committee of the Senate, to whom was re¬
ferred the matter of investigating the amount of business
before the General Assembly, with a view of ascertaining
as nearly as possible at what time the General Assembly-
can adjourn, have considered the matter in joint session
with a like committee of the House, and respectfully sub¬
mit the following report :
SATURDAY, NOVEMBER 30TH, 1861.
181
IN HOUSE.
No. of Bills introduced in the House 333
41 44 read first time 333
44 " read second time. 320
" 44 passed 22
" " lost 9
" 44 withdrawn 3
Resolutions introduced in House 98
" not acted on 54
No. Senate bills in the House read 1st time 67
a a a <t K 2d 44 .... 46
" 44 44 4 4 passed, 3
■" " " 44 44 lost 1
« " " 4 4 44 for first reading.... 11
IN SENATE.
-No. of Senate bills in Senate read 1st time 8
" u " 44 referred to committees 8
44 44 House bills in Senate 16
The foregoing is about as correct a statement of the busi¬
ness before the General Assembly as the committee have
been able to obtain. The committee would respectfully
commend to the early consideration of the General Assem¬
bly, the General Appropriation bill and such bills as pro¬
vide the Ways and Means of public defence. They also re¬
port the following resolution:
Resolved, That the General Assembly will adjourn sine
die, on unless otherwise ordered.
(Signed) W. W. LEWIS,
Chairman Senate Committee.
B. H. BIGHAM,
Chairman House Committee.
On motion of Mr. Jackson, the Senate took up the mes¬
sage of the House of Representatives in relation to,
A bill to fix the amount of compensation the members
and officers of the General Assembly shall receive for their
services, and for other purposes mentioned therein ; which
bill was passed by the General Assembly, vetoed by the
Governor, and passed by the House of Representatives over
the Governor's veto by the Constitutional majority.
Upon the question, shall this bill pass over the veto of
His Excellency the Governor, by the Constitutional major¬
ity, the yeas and nays were recorded, and the yeas were 35,
and the nays 3.
Those who voted in the affirmative were—
Messrs. Alexander, Anthony, Beasley, Boyd, Brown, Dyer,
Echols, Fletcher, Fort, Gaston, Gibson,Gordon, Griffin, Han-
JOURNAL OF THE SENATE,
sell, Harris, Hill, Thos. Hilliard, Jackson, Jamison, Kendall'
Killen, King, Lane, Lewis, McRae, Mitchell, Mose ), rew¬
ard, Shewmake, Simmons, Stafford, Stephens, Yason, inn,
Wright.
Those who voted in the negative were
Messrs. James Hilliard, Smith, Ware.
Yeas 35; nays 3. So the bill passed by the Constitu¬
tional majority over the veto of4 the Governor ; and the ac¬
tion of the Senate ordered to be transmitted to the House
of Representatives forthwith.
By leave of the Senate, Mr. Gordon reported a bill to be
entitled an act, supplementary of an act entitled an act to
fix the salaries and compensation of certain officers men¬
tioned therein, and for other purposes ; passed by a Consti¬
tutional majority over the Executive veto, November 2Sth,
1S61, which was read the first time.
Leave of absence was granted, for Monday next, to the
committee on the Lunatic Asylum.
The rule being suspended, the Senate took up and read
the second time a bill for the relief of the several banks in
the State of Georgia, which have made advances to the
State upon bonds or other contracts, and for other purposes.
The resolution of Mr. Killen respecting the tender of
State troops to the Confederate States, reconsidered this
morning, was taken up.
Mr. Gibson offered the following: amendment:
Provided, That the Confederate States will receive them
for the term of their present enlistment, and for local de¬
fence in this State, under the act of Congress, to provide
for local defence and special service, approved August 21,
1861.
The amendment was agreed to; the resolution as amend¬
ed was passed.
On motion of Mr. Seward, the message of his Excellen¬
cy the Governor, making certain appointments, was made
the special order for Friday next.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
^ A bill to incorporate in the State of Georgia an Insurance
Company, to be called the Great Southern Insurance Com¬
pany.
The following amendment of Mr. Beasley was withdrawn,
to-wit:
Provided, That said corporation shall not issue policies
exceeding the capital stock subscribed.
Mr. Gibson oflered the following amendment, which was
SATURDAY, NOVEMBER 30th, 1861, 183
And he it further enacted, tliat no stockholder in said In¬
surance Company shall be allowed to transfer his stock in
said Company at any time by means of which he shall be
released from any liability incurred by said company, or ex¬
isting at the time of said transfer ; but said stockholder
shall continue to be liable for all liabilities or indebtedness
of said company, existing at the time of said transfer.
The report as amended was agreed to, the bill was read
the third time and passed.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have rece¬
ded from its amendment to the Senate bill, entitled an act
to re-enact the Si ay Laws so far as relates to the stay of
jugdments and executions. The House has amended and
passed the original Senate bill, of the above title, in which,
amendment the House of Representatives ask the concur¬
rence of the Senate. I am directed to transmit the same to
the Senate forthwith.
On motion the Senate adjourned until three o'clock#
P. M.
Afternoon Session, Three O'clock, P. Ml
The Senate met according to adjournment.
The Senate took up as the report of the committee of the
whole,
A bill to provide against a conflict of laws between the
Code and the Statutes of 1S60.
On motion said bill was laid upon the table for the pres¬
ent.
The Senate, on motion, took up the message of the House
of Representatives so far as relates to a Senate bill to con¬
tinue in force the fourth section of an act, passed over the
Governor's veto in the 30th day of November, 1860, enti¬
tled an act to provide against the forfeiture of the several
bjjtnk charters of this State, on account of non specie pay¬
ment for a given time, and for other purposes.
And also, an act to add a proviso to the fourth section, of
an act entitled an act for the relief of the people and banks of
this State, &nd for other purposes, passed on 30th November,
1860 ; and to add an additional section to said act, assent¬
ed to 20th December, 1860.
Said bill was amended by the House of Representatives,
by striking out of the last clause the words "except that of
184
JOURNAL OF THE SENATE,
the before recited act which provides for the collection of
©osts#"
Upon the question of concurring in said amendment, the
the yeas and nays were recorded, and were yeas 23, nays 9.
Those who voted in the affirmative were :
Messrs. Alexander, Beasley, Bell, Boyd, Dyer Fletcher,
Gaston, Gibson, Gordon, Hansell, Harris, Hill, 1 nomas
Billiard, Jamison, Killen, King, Lewis, Mcltae, Moseley,
Seward, Shewmake, Vason, Wright.
Those who voted in the negative were :
Messrs. Griffin, James Hilliard, Jackson, Lane, Mitchell,
Simmons, Stephens, Ware, Winn.
Yeas 23. Nays 9. So the amendment of the House was
eoncurred in.
The rule being suspended, Mr. Bell offered the following
resolution, which was taken up, read, adopted, and the Sec¬
retary ordered to transmit the same forthwith to the House
of Representatives :
Resolved, that the General Assembly will adjourn sine die
®nSaturday the 7th December next.
Mr. Dyer of the committee on enrollment, made the fol¬
lowing report :
The committee on enrollment report as duly enrolled and
ready for the signature of the President,
An act to re-enact the Stay laws so far as relates to the
stay of judgments and executions.
t On motion, the action of the Senate upon the bill re-en¬
acting stay laws, wTas ordered to be transmitted forthwith
to the Houge of Representatives.
A bill to assume and pay into the Treasury of the Con¬
federate States of America, the taxes assessed or to be as¬
sessed against the citizens of the State of Georgia, under
an act ot the Congress of the said Confederate States, usu¬
ally called the Confederate War Tax Act, passed on the
day of August, 1S61, was laid upon the table for the pres¬
ent.
The rule being suspended, on motion of Mr. Mitchell,
certain resolutions requesting our Representatives in Con¬
gress, to use their influence in favor of the issue of Treasu¬
ry notes by the Confederate Government, for the purchase
of the surplus of cotton, corn. &c., were without a reading
referred to the committee on the state of the Republic.
A bill for the reduction of the salaries of the officers of
the Western & Atlantic Uailroad, was taken ur> and madp
the special order for Monday next. 1
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
SATURDAY, NOVEMBER 30th, 1861. 185
A bill to authorize the Justices of the Inferior Court of
his State, to issue bonds and borrow money in certain ca-
ies.
Mr- Seward offered the following amendment, which was
igreed to :
Be it enacted, That the Justices of the Inferior Court of
Decatur county be and they are hereby authorized to raise
money from the sale of county bonds, to meet present emer¬
gencies in equipping and supplying soldiers from said coun¬
ty, and to provide means for the support of the needy fami¬
lies of soldiers in service ; this act to continue in force until
peace is declared, which was agreed to.
Mr. Hansell moved to amend the report by striking out
the following proviso :
Provided, That in no case shall any claim be ever made to,
or against, the State of Georgia, for any portion of such
sum or sums of money so raised ; which motion, to strike
out, was agreed 1»o.
Mr. Hansell moved that the title of the bill be altered so
as to suit the body of the bill, which was agreed to.
The report as amended was agreed to ; the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole,
A bill to settle conflicts of the code of this State with the
acts of the last General Assembly, and for other purposes.
Mr. Killen offered the following amendment :
Sec. 2. The General Assembly of the State of Georgia do en¬
act, That the operation of said Code as the laws of Georgia,
be and the same is hereby suspended until the first day of
January, eighteen hundred and sixty-three ; and that said
Code not so incompatible shall be declared the laws of this
State, from and after the 1st day of January 18C3 ; which
was agreed to.
The report as amended was agreed to ; the bill was read
the third time and passed.
The rule being suspended, on motion of Mr. King the fol¬
lowing bills from the House of Representatives were taken
up and severally read the second time, to-wit :
A bill to Incorporate the Cavanders' Creek and Fields
Gold and Mining Company, and for other purposes therein
mentioned.
Also, a bill to alter and amend an , < t to incorporate the
town of Jonesboro, in the county of Clayton, and to pro¬
vide for the election of Marshals and Clerks, &c.
Also a bill to aid the Georgia Relief and Hospital Asso¬
ciation, and to appropriate money therefor.
JOURNAL OF THE SENATE,
Also, a bill to grant relief to the people of Geoigia by-
staying the enforcement of executions against the pioperty
of the citizens of this State, until the first day ol Decem¬
ber 1862, and for other purposes.
Also a bill to authorize Owen C. Pope, a minor of the
county of Washington, to probate and qualify as Executor
of the last will and testament of Owen C. Pope, Senior.
On motion, this bill was referred to the Judiciary Com¬
mittee.
Also, a bill to incorporate the town of Bellville, in the
county of Richmond, and to provide for the election of of¬
ficers, &c.
Also, a bill to legalize the proceedings of the Southern
stockholders of Brunswick and Florida Railroad Company,
to change the name of said Company, and to amend the act
of incorporation, to extend the charter thereof, and to facil¬
itate the building thereof.
Also, a bill to appropriate money for the support of the
Georgia Academy for the Blind.
Also, a bill to repeal the fourteenth section of an act en¬
titled an act to incorporate the town of Valdosta in the
county of Lowndes, and for other purposes therein men¬
tioned.
Also, a bill to be entitled an act to give to the several
Justices' Courts of this State, jurisdiction in cases sounding
in damages in certain cases.
Also, a bill to amend an act, approved December 17th,
1859, entitled an act to prescribe the time of holding elec¬
tions for the Senators in the Congress of the United States
from the State of Georgia.
The rule being suspended, on motion, the following bill
from the House of Representatives was taken up and read
the first time :
A bill for the relief of Mrs. Margaret Dilson, administra¬
trix of Michael Dilson.
The rule being suspended, the following bills were taken
up and severally read the second time :
A bill to require one half of the fines and forfeitures im¬
posed by the Judges of the Superior Courts of the coun¬
ties of Fannin, Gilmer and Pickens, upon criminal prosecu¬
tions, to be paid over to the county Treasurers of said coun¬
ties for county purposes, and for other purposes.
Also, a bill to make Penal acts of monopolizing or en¬
grossing, and for other purposes.
On motion of Mr. Vason, this bill was referred to the
committee on the Judiciary.
Also a bill for the relief of B. Henri R. Davenport of the
county of Chatham.
SATURDAY, NOVEMBER 30th, 1S61. 187
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole, the following bill from
the House of Representatives :
A bill to legalize the adjournment of certain Superior
Courts in the Northern Circuit.
The report was agreed to the bill was read the third
time and passed.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole, the following bill from
the House of Representatives :
A bill to change the name of the county of Cass, and for
other purposes.
Mr. Mitchell offered the following amendment, which
was agreed to :
Strike out the name of the county site, "Bartowville,"
and insert in liefi thereof, "Manassa."
Mr. Mitchell moved to lay said bill upon the table for the
present, which motion was rejected.
The report as amended was agreed to ; the bill was read
the third time and passed, with a rising vote.
The rule being suspended, the Senate, on motion, took
up as the report of the committee of the whole,
A bill to authorize the Ordinary of DeKalb county to
grant letters of Administration on the estate of Thomas
W. Chivers, deceased, of said county.
The report was agreed to; the bill was read the third
time and passed.
A resolution reported by Mr. Echols relative to the ap¬
pointment of Chaplains to the several regiments in the ser¬
vice 6f this State, was laid upon the table for the balance
of the session.
A resolution reported by Mr. Bell, instructing the Milita¬
ry Committee to inquire into the expediency of revising the
Militia system of this State, and report by bill or other
wise, the best means of revising it, was adopted.
On motion the Senate adjourned till 7 o'clock this even¬
ing.
7 o'clock, p. m.
The Senate met according to adjournment.
On motion of Mr. Hansell, the Door Keeper was ordered
to set the clock so as to correspond with the town time and
that of the House of Representatives. ■
The following message was received from His Excellency
the Governor by Mr. Waters his Secretary, to-wit:
18S ' JOURNAL OF THE SENATE,
Mr. President:—The Governor has approved and signed
the act to continue in force the 4th section oi an act pass¬
ed over the Governor's veto on the 30th day of November,
1S60, entitled an act to provide against the foifeiture of the
several Bank Charters of this State, on account of non-spe¬
cie payment for a given time, and for other purposes, passed
in the year 1857, and to suspend the pains and penalties
imposed upon the several banks and their officers in this
State for non-payment of specie, and other purposes; and
also, an act to add a proviso to the 4th section of an act for
the relief of the people and banks of this btate, and for
other purposes, passed on 30th November, 1860 ; and to
add an additional section to said act, assented to 20th De¬
cember, I860.
The following message was received from the House of
Representatives b/Mr. Carrington, their Clerk, to-wit:
Mr. President:—The House of Representatives havepass-
the following bill of the Senate with amendments, in which
amendments they ask the concurrence of the Senate, to-
wit :
A bill to be entitled an act to re-enact and continue in
force the 1st, 2d and 3d sections of an act to grant relief to
the banks and the people of this State, &c., passed over the
Governor's veto on the 30th November, I860 ; and also, to
re-enact and continue in force the 4th section of an act to
add a proviso to the 4th section of an act entitled an act for
the relief of the banks and people of this State, &c., assen¬
ted to 20th December, 1SG0; and I am directed to transmit
the same forthwith to the Senate.
On motion the Senate took up the message from the
House of Representatives in relation to a bill of the Senate,
to be entitled an act to re-enact and continue in force the
first, second and third sections of an act to grant relief to
the banks and the people of this State, &c., passed over the
Governor's veto on the 30th day of November, 1S60 ; and
also, to re-enact and continue in force the fourth section of
an act to add a proviso to the fourth section of an act enti¬
tled an act for the relief of the banks and people of this
State, &c., assented to 20th day of December, 1860 ; which
they have passed with the following amendments :
Strike out the proviso in the 1st section and insert the fol¬
lowing :
Provided, That none of the banks of this State shall be
entitled to the relief from the penalties imposed by existing
laws, nor shall be authorized or permitted to suspend the
payment of their bills upon demand, unless such banks
shall at all times give the Treasury notes of this State, or of
the Confederate States, at par, in exchange for their owTn
bills or bank notes, when demanded in sums of one hundred
dollars.
SATURDAY, NOVEMBER 30th, 1861. 189
Also, insert at the end of the bill these words: Provided
further, the provision for the issue of change bills, contain¬
ed in the above proviso, shall not be obligatory upon said
banks till the first day of January next.
Mr. Gordon moved that the Senate concur in the amend¬
ments of the House of Representatives.
Mr. Mitchell offered the following amendment, which was
rejected :
Provided, That none of the banks of this State shall be
entitled to any of the benefits of any of the provisions of
this act, that may refuse to receive in payment the Treasury
notes of this State, or of the Confederate States, at par.
Upon the motion to concur in the amendments of the
House of Representatives, the yeas and nays were recorded,,
and the yeas were 25, and nays 5.
These who voted m the affirmative were :
Messrs. Alexander, Anthony, Beaseley, Bell, Boyd, Dyer,
Fletcher, Fort, Gibson, Gordon, Hansell, Hill, James Hil-
liard, Thos. Hilliard, Jamison, Kendall, King, Lane, Lew¬
is, Moseley, Simmons, Stephens, Yason, Ware, Winn,
Wright.
Those who voted in the negative were :
Messrs. Brown, Jackson, AlcRae, Mitchell, Stafford.
Yeas 25, nays 5. So the bill was passed by the Constitu¬
tional majority, and the action of the Senate ordered to be
transmitted to the House immediately.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President:—The House of Representatives has pass--
ed the following bills of the Senato to-wit:
A bill entitled an act for the relief Gabriel Toombs.
Also, a bill entitled an act to alter and fix the times for-
holding the Superior Courts in the several counties com- -
posing the Middle District, and for other purposes.
Also, a bill to be entitled an act to alter and amend the
several acts incorporating the city of Atlanta, in Fulton
county, with amendments, in which they ask the concur¬
rence of the Senate. I am directed to transmit these bills
forthwith to the Senate.
The Senate took up the message from the House of Rep- ■
resentatives in relation to a iSenate bill, to alter and amend ,
the several acts incorporating the city of Atlanta, in Fulton
county, Georgia, which they have passed with the following
amendments :
By inserting after the word "city" in the fifth line of the
first section the words, "after the next regular annual elec- -
tion in January next."
JOURNAL OF THE SENATE,
Also, by inserting after the word "December' in the 6th
line of the 1st section, the words "1802 and."_
Also, after the word "year" in the 7th line the word
"thereafter."
Also, strike out the proviso in the first section.
On motion of Mr. Hansell the amendments of the House
of Representatives were concurred in, and the action of the
Senate ordered to be trensrnitted forthwith to the House of
Representatives.
Leave of absence was granted to Mr. Anthony for a few
days.
Mr. Dyer, from the Committee on Enrollment reports
as duly enrolled and ready for signature,
A bill to be entitled an act to re-enact and continue in
force the first, second and third sections of an act to grant
relief to the banks and people of this State, &c., passed over
the Governor's veto on the 30th day of November, I860 ;
and also, to re-enact and continue in force the fourth section
of an act, to add a proviso to the fourth section of an act
entitled an act for the relief of the banks and people of this
State, &c., assented to the 20th December, 1860.
Mr. Dyer of the Committee on Enrollment made the fol¬
lowing report:
The Committee on Enrollment report as duly enrolled
and ready for signature,
An act for the relief of Gabriel Toombs.
Also, an act to alter and fix the time for holding the Su¬
perior Courts in the several counties composing the Middle
District, and for other purposes connected therewith.
The following message was received from his Excellency
the Governor by Mr. W aters his Secretary to-wit :
Mr. President:—The Governor has approved and signed
the act entitled an act to re-enact and continue in force the
first, second and third sections of an act to grant relief to
the banks and people of this State, etc., passed over the
Governor's veto on the 30th day of November, 1S60 ; and
also, to re-enact and continue in force the fourth section of
an act, to add a proviso to the fourth section of an act en¬
titled an act for the relief of the banks and people of this
State, &c., assented to the 20th December, 1S60.
The rule being suspended, Mr. Jamison reported a bill to
change the times of holding the Superior Courts of Towns
county and legalize processes returnable thereto, which was
read the first time.
The Senate then adjourned till ten o'clock Monday morn¬
ing next.
MONDAY, DECEMBER 2nd, 1861.
191
MONDAY, DECEMBER 2nd, 1061,^
10 o'clock, a. m. 5
The Senate met according to adjournment, and was open-
id with prayer by the Rev. Mr. Fiinn.
Leave of absence was granted to Mr. Beasley, and Mr.
Grriffin.
By unanimous consent of the Senate permission was gran¬
ted to Messrs. Gaston and Furlow to record their votes up¬
on the concurrence of the Senate in amendments of the
House of Representatives to a bill re-enacting the laws
granting relief to the banks—each voting yea. ,
The special order for to-day, which Xvas a bill for the re¬
duction of the salaries of officers of the Western & Atlantic
Railroad, was made the special order for Wednesday next.
The following message was received from the House of
Representatives by their Clerk, Mr. Carrington:
Mr. President: I am instructed by the House of Represen¬
tatives to inform the Senate that they have passed the fol¬
lowing bills, to-wit:
A bill to be entitled an act to amend an act incorporating
the city of Dalton.
Also, a bill to be entitled an act to authorize the Inferior
Court of Whitfield county to levy a tax and appropriate the
same.
They have also passed the following bills of the Senate,
to-wit:
A bill to be entitled an act to confer certain powers on
the Inferior Court of Tatnall county.
Also, a bill to be entitled an act to direct and empower
the Inferior Court of Sumter county, or a majority there¬
of, to levy, collect and disburse an extraordinary tax for the
support of the indigent families of such soldiers from Sum¬
ter county who are now or may hereafter be absent in the
State or the Confederate military service, and for other pur¬
poses connected therewith.
The Senate took up as the report of the committee of
the whole,
A bill for the relief of the several Banks in this State
which have made advances to the State upon bonds, and
other contracts, and for other purposes.
The report of the committee was agreed to, the bill was
read the third time and passed, and ordered to be transmit¬
ted to the House of Representatives immediately.
The Senate took up as the report of the committee of
the whole,
A bill for the relief of B. Henri R. Davenport, of the
county of Chatham.
JOURNAL OF THE SENATE,
The report was agreed to : the bill was read the third time
and passed.
The Senate took up as the report of the committee of
the whole,
A bill to require one half of the fines and forfeitures im¬
posed by the Judges of the Superior Courts ol the counties
of Fannin, Gilmer and Pickens upon criminal prosecutions
to be paid oyer to the county Treasurers of said counties for
county purposes, and for other purposes.
"The report was disagreed to, and the bill was lost.
The Senate took up as the report of the committee of the
•whole,
A bill to assume and pay into the Treasury of the Con¬
federate States of America, the taxes assessed or to be as¬
sessed against the citizens of this State, &c.; which on mo¬
tion was laid upon the table for the present.
The Senate took up as the report of the committee of
the whole,
A bill to reimburse and pay by the State to the several
counties in this State all such sums of money as they may
or shall have paid for the equipment of volunteer companies
from their respective counties, &c.; which on motion was
laid upon the table for the balance of the Session.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill, to-wit:
A bill to be entitled an act to designate the place of hold¬
ing sales by Sheriffs, Coroners, Executors, Administrators,
&c., in the county of Muscogee; and I am directed to trans¬
mit the same forthwith to the Senate.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole the following bill from
the House of Representatives :
A bill to amend an act approved December 17, 18-59, en¬
titled an act to prescribe the time of holding elections for
Senators in the Congress of the United States from the
State of Georgia.
The report was agreed to ; the bill wTas read the third
time and passed.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole the following bill from
the House of Representatives :
A bill to give to the several Justices Courts of this State
jurisdiction incases sounding in damages, in certain casesj
which on motion was referred to the Committee on the Ju¬
diciary.
MONDAY, DECEMBER 2ND, 1861. 193
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to repeal the fourteenth section of an act entitled
an act to incorporate the town of Valdosta in the county of
Lowndes, and for other purposes therein mentioned ; which
on motion was laid upon the table for the present.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to appropriate money for the support of the Geor¬
gia Academy for the Blind.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to legalize the proceedings of the southern stock¬
holders of the Brunswick & Florida Railroad Company to
change the name of said company, and to amend the act of
incorporation, to extend the charter thereof, and to facilitate
the building thereof," which on motion was referred to the
Committee on the Judiciary.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:;
A bill to incorporate the town of Belleville in the county
of Richmond, to provide for the election of officers, &c.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to incorporate the Cavendor's Creek & Field Gold
Mining Company, and for othar purposes.
Mr. Hansell ottered the following amendment which was
accepted : . t
Amend 4th Sec. "And that said company shall in like
maimer be liable for damages to the proprietors from whose
land either in whole or in part any water course may be di¬
verted by said company—such damages assessed in manner
above mentioned. (
The report as amended was agreed to; the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives :
A bill to alter and amend an act entitled an act to incor¬
porate the town of Jonesboro in the county of Ciayton, &e.
The report was agreed to, the bill was read the third time
aud passjd.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives :
13
194
JOURNAL OF THE SENATE,
A "bill to grant relief to the people of Georgia by staying
the enforcement of executions, &e.; which upon motion was
laid upon the table for the balance of the Session.
On motion the following bills from the House of Repre¬
sentatives were read the first time:
A bill to authorize the Inferior Court of Whitfield to levy
a tax of not exceeding fifty per cent upon the State tax, and
appropriate the same to the families of those that may be
absent either in the service of the State or Confederate
States.
Also, a bill to amend an act incorporating the city ofDal-
ton, in the county of Whitfield, and for other purposes.
Also, a bill, to designate the place of holding sales by
Sheriffs, Coroners, Executors, Administrators, Guardians,
and Trustees, in the county of Muscogee.
The following bills from the House of Representatives
were read the second time:
A bill to aid the Georgia Relief & Hospital Association,
and to appropriate money therefor.
Also, a bill for the relief of Mrs. Margarett Dillon, admin¬
istratrix of Michael Dillon, all of Chatham county.
The following Senate bills were taken up and read the
second time:
A bill supplementary of an act to fix the salaries and com¬
pensation of certain officers mentioned therein, and for oth¬
er purposes, passed "by a constitutional majority over the
Executive veto, November 55th, 1S(51.
Also, a bill to change the times of holding the Superior
Couits of the county of Towns, and legalize processes re¬
turnable thereto.
The Senate then took a recess of half an hour. After the
expiration of the recess the Senate wras called to order by
the President.
The following message was received from His Excellency
the Governor by Mr. Campbell his Secretary, to-wit:
Mr. President: The Governor has approved and signed the
following Acts, to-wit:
An act to consolidate the offices of Receiver of Tax Re¬
turns and of Tax Collector in this State, and to require the
duties thereof to be discharged by one officer, to be styled
Tax Receiver and Collector.
Also, an act to extend the time for Tax Collectors in this
State to make their settlements with the State Treasurer.
Mr. Bell reported a resolution which was read, to-wit:
Whereas, the 4th clause of the 5th article of the Consti¬
tution provides that "All civil officers shall continue in the
exercise of the duties of their several offices, durin^ the pe-
MONDAY, DECEMBER 2nd, 1861.
riod for which they were appointed, or until they shall he
superseded by appointments made in conformity with this
Constitution.
And Whereas, Many are of opinion that said offices are va¬
cated by the adoption of the new Constitution, and while
others maintain that it is discretionary4 with the Governor
to supercede the incumbents by appointments made in con¬
formity with the Constitution,
Therefore Resolved? That the Senate recommend His Ex¬
cellency the Governor to make appointments in conformity
with the Constitution during the present Session of the Gen¬
eral Assembly.
The Committee on Banks through their chairman Mr.
Gordon, made the following report:
The Committee on Banks, to whom was referred a bill
to be entitled an act to incorporate a Bank to be called the
Bank of the Cotton Planters' Convention of the State of
Georgia, have had the same uhder consideration and have
instructed me to report as follows :
They have conceived their duty to be confined to the con¬
sideration of the 17th section, in as much as the mover of
the bill had accepted and the Senate had acted upon the va¬
rious amendments to the previous sections of the bill.
They also abstain from recotamending the propriety of
the passage .of the bill; making no recommendation upon
the subject, and leaving the question to the Senate. They
have instructed me to report the following substitute for
the 17th section, and recommend the adoption of the same.
Respectfully submitted,
GEORGE A. GORDON, Chairman.
The following is the substitute reported by said Commit¬
tee :
Be it enacted, That the persons and property of the sever¬
al stockholders of said Bank of whatever kind, both real,
personal and mixed, shall be held and made liable, jointly
and severally for all the debts and liabilities of said bank,
and in case of a failure of said Bank, all the stockholders
who may have sold their stock within six months pryor to
said failure, shall be liable in the same manner as if they
had not sold their stock.
Oil motion the Senate adjourned until three o'clock, p. m.
3 o'clock, p. m.
The Senate met according to adjournment, and there be¬
ing no business before it was adjourned till 10 o'clock, to¬
morrow morning.
196
JOURNAL OF THE SENATE,
TUESDAY, DECEMBER 3KD, 1801, >
10 o'clock, a. m. )
The Senate met according to adjournment, and wag
opened witti prayer by the Rev. Mr. Talmage.
Mr. Simmons moved to reconsider so much of the Jour¬
nals of yesterday as relates to the vote on the bill Respect¬
ing the disposal of fines and forfeitures by the Superior
Courts of Fanuin, Gilmer, and Pickens, by which said bill
was lost, which motion w;is agreed to.
Mr. Mitchell moved to reconsider so niuch of the Jour¬
nals of yesterday as relates to the vote indefinitely post¬
poning the bill to equalize the burdens of taxation among
the several counties of this State, &c., which motion was
lost.
The rule being suspended, Mr. Lewis offered tlie follow¬
ing resolution, which was taken up, .read, and adopted:
Rewind, That the Electors of President and Vice-Presi¬
dent of the Confederate States of America, who are low
present, or jnay herealterbe present, be invited to seats oil
the floor of the Senate Chamber during their stay in this
city.
Report of the Committee on Enrollment:
Mr. Dyer, of the Committee on Enrollment, reports a&
duly enrolled and ready for signature,
An act to alter and and amend the several acts incorpor¬
ating the city of Atlanta, Georgia.
Also, an act to confer certain powers and impose certain
duties upon the Inferior Court of Tatnall county, and to
provide for the collection, by taxation, of money to aid and
assist the volunteer company or companies now received or
to be received in said county, and to afford such aid to the
families of the soldiers absent as be compatible with the
resources of the citizens of said county.
Also, an act to direct and empower the Inferior Court of
Sumter, or a majority thereof, to levy, collect, and disburse
an extraordinary tax for the support of the indigent famil¬
ies of such soldiers from Sumter county who are now, or
may hereafter, be absent in the State or Confederate States
military service, and for other purposes connected there¬
with.
Also, an act to authorize the Ordinary of DeKalb county
to grant Letters of'Admmis'tration on the estate of Thomas
II. I hivers, deceased, of said county.
Also, an act to legalize the adjournment of certain Su¬
perior Courts in the Northern Circuit.
The rule being suspended, Mr. Hausell reported the fol¬
lowing bill, which was read the first time:
TUESDAY, DECEMBER 3rd, 1861. 197
A bill concerning the Superior Courts of the county of
Cobb, changing the existing law in relation thereto.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk:
Mr. President:—I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill, to-wit:
A bill to be entitled an act to extend the provisions of an
act entitled an act to regulate the collecting of jury fees in
the Superior and Inferior Courts of Coweta, Floyd, and
Cass counties, approved February 18, 1856, so as to include
the county of Whitfield in the provisions of said act, and to
add an additional section to provide for the collection of
the same.
Also, a bill to be entitled an act to consolidate the offi¬
ces of Clerks of the Superior and Inferior Courts in the
counties of Fayette, Sumter, Chattachoochee, Terrell,
Newton, and Merriwether.
The following message was received from the House of
Representatives, by Mr. Carrington', their Clerk:
Mr. President:—I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill of the Senate, to-wit:
A bill to be entitled an act to amend an act incorporat¬
ing the North Western Bank of Georgia, and I am directed
to transmit the same forthwith to the Senate.
The House of Representatives has also concurred in the
amendment of the Senate to the following bill of the House
of Representatives, to-wit:
A bill to be entitled an act to change the name of the
county of Cass in this State, and for other purposes therein
mentioned.
Report of the Judiciary Committee:
Mr. Vason, Chairman pro tem. of the Judiciary Commit¬
tee, made the following report:1
A bill to be entitled an act to give to the several Justices
Courts of this State jurisdiction in cases sounding in dam¬
ages in certain cases, haying had the same under considera¬
tion, report the same back to the Senate, and recommend
that it do pass.
The rule being suspended, on motion of Mr. Bell, the
Senate took up as the report of the Committee of the
whole, the bill in the foregoing report named.
Mr. Ware offered the following amendment, which was
lost:
19S
JOURNAL OF THE SENATE,
No Attorney shall be entitled to charge a fee in said
Justices' Court upon damage cases.
Mr. Hansell offered the following amendment:
Provided, That neither party shall make out his or her
claim or defence on his or her own oath, or testify in his
or her case unless at the instance of the opposite party.
Mr. Gibson offered the following amendment in the na¬
ture of a substitute to the amendment offered by Mr. Han-
sell :
And be it, further enacted, That in all trials in said Courts,
either party shall be entitled to establish his or her claim
sued for, or to give his or her defence in mitigation of dam¬
ages undei* oath—which amendment was lost.
The amendment bffered by Mr. Hansell was agreed to.
The report as amended was a'greed to, and the bill was
lost.
The following message was received from the House of
Representatives, by their Clerk, Mr* Carrington :
Mr. President: The House of Representatives have con¬
curred in the following resolution of the Senate, which
they have amended, in which amendments they ask the
concurrence of the Senate, to-wit :
A resolution requiring the Governor to tender to the
Confederate Government the Georgia troops, and instruct¬
ed me to transmit the same to the Senate iorthwith.
The House of Rspresentatives has concurred in the
amendment of the Senate to the bill incorporating Caven-
ders Creek & Field Mining CompanjT.
The rule being suspended, Mr. Gordon offered the fol¬
lowing resolution, which was taken up, read and adopted:
Resolved, That the Governor be, and he is hereby re¬
quested to reduce the freight on coal and corn 011 the West¬
ern & Atlantic Railroad to the lowest limits practicable.
Resolved, further, That whenever coal or iron are pur¬
chased to be used in Government work either of the Con¬
federate States or of the State of Georgia, the Governor be
requested to reduce the price of transportation thereof to
cost.
The Senate adjourned iill three o'clock P. M.
TUESDAY, DECEMBER 3rd, 1S61. 199
Afternoon Session, 3 o'clock, p. m.
The Senate met according to adjournment.
The rule being suspended, the Senate took up as the re¬
port of the Committee of the whole,
A bill to change the times of holding the Superior Courts
of the couuty of Towns, and legalize processes returnable
thereto.
The report was agreed to; tfie bill was read the third
time and passed.
The rule being suspended, on motion the Senate took up
the message from the House of Representatives respecting
the joint resolution requiring the Governor to tender to the
Confederate Government the Georgia troops.
On motion of Mr. Killen, said resolution was laid upon
•the table for the present.
The Senate took up as the report of the committee of the
whole,
A bill to incorporate the Bank of the Cotton Planters'
Convention of the State of Georgia.
On motion of Mr. Killen said bill was laid upon the table
for the present. *
The Senate took up as the report of the committee of
the whole,
A bill supplementary of an act entitled an act to fix the
salaries and compensation of certain officers therein men¬
tioned, &c.
The report was agreed to.
Upon the question, Shall this bill pass? the yeas and
nays were recorded, and were yeas 12, nays 20.
Those who votfed in the affirmative were—
Messrs. Dyer, Fletcher, Gibson, Gordon, Hansell, Thos.
Hilliard Jackson, Jamison, Killen, King, Lewis, Va-
son.
Those who voted in the negative are—
Messrs. Alexander, Beasley, Bell, Boyd, Gaston, Griffin,
Harris, Hill, James Hilliard, Kendall, Lane, McRae, Mit¬
chell, Mosely, Simmons, Smith, Stephens, "Ware, Winn,
Wright.
Yeas 12; nays 20. So the bill was lost.
The Senate took up as the report of the Committee of
the whole,
A bill to assume and pay into the Treasury of the Con¬
federate States the taxes assessed and to be assessed against
the citizens of this State.
200 JOURNAL OF THE SENATE,
On motion this bill was laid upon the table for the pres^
ent.
The Senate took up as .the report of the Committee of
the whole,
A bill to incorporate the Planters' Insurance Trust and
Loan Company.
On motion this bill was laid upon the table until taken
lip by special motion.
The Senate took up as the report of the Committee of
the whole, the following bill from the House of Repres¬
entatives :
A bill for the relief of Mrs. Margarett Dillon, Adminis¬
tratrix, &c.
The report was agreed to; the bill was read the third
time and passed.
The Senate took up as the report of the Committee of'
the whole, the following bill from the House of Represen¬
tatives, to-wit;
A bill to aid the Georgia Relief and Hospital Associa¬
tion, &c.
Mr. Beasely offered the following amendment, which was
agreed to: *
Be it, further enacted, That the above appropriation be ap¬
plied and distributed pro rata to the different temporary
Hospitals ai the various military positions occupied by
troops from this State within the State of Virginia.
On motion of Mr. Gibson the bill was postponed until
to-morrow.
The Senate, on motion, adjourned until 10 o'clock to¬
morrow morning.
WEDNESDAY, DECEMBER 4th, 1861,)
10 o'clock, a. m. j
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Smith.
Mr. Boyd moved to reconsider so much of the Journal of
yesterday as nd-ites to the bill, and the amendments there¬
to, giving to t i Justices Courts of this State jurisdiction in
cases sounding in damages, in certain cases.
On motion of Mr. Bell the rule was suspended and the
Senate took up as the report of the committee of the whole
tlie said reconsidered bill.
WEDNESDAY, DECEMBER 4th, 1861. 201
' Mr. Hansell moved to re-commit the bill to the commit¬
tee ou , which motion was lost.
Mr. Gibson moved to strike out the following amend¬
ment offered on yesterday by Mr. Hansell, and agreed to:
Provided, Neither party shall make out his or her claim
or defence by his or her own oath or testify in his or her
case, except at the instance of the opposite party, which
motion prevailed.
The report as amended was agreed to ; upon the question
shall this bill pass ? the yeas and nays were recorded, and
were yeas 20, nays 14.
Those who voted in the affirmative were—Messrs.:
Alexander, Bell, Boyd, Fletcher, Gibson, Hansell, James
Hilliartl, Thomas Milliard, Kendall, King, Lane, Lewis,
Mitchell, Mosely, Simmons, Smith, Stephens, Vason, Ware,
Wright.
Those who voted in the negative were—Messrs.:
Beasley,Dyer, Fort, Gaston, Gordon, Griffin, Harris, Hill,
Jackson, Jamison, Killen, McRae, Stafford, Winn.
Yeas 14, nays 20. So the bill was passed.
The following message was received from the House of
Representatives by their Clark, pro tem, Mr. Estes :
Mr. President: I am directed by the House of Represen¬
tatives to inform the Senate that owing to sickness in the
family of their Chief Clerk, Mr. Carrington, (to whom leave
of absence has been granted,) the House proceeded to elect
a Clerk yro lem, when Mr. J. B. Estes, of the county of
Clayton was declared elected, and sworn in.
The Senate received and accepted an invitation from the
Electorial College of Georgia for President and Vice Presi¬
dent of the Confederate States of America, to attend the
ceremony of casting the electorial vote of this State, to-day,
at 12 o'clock, M., in the Representative Hall.
Mr. Dyer, chairman of the Committee on Enrollment, re¬
ports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of the
President of the Senate:
An act to amend an act approved December 17th, 1859,
entitled an act to prescribe the time of holding elections for
Senators in the Congress of the United States from the State
of Georgia.
Also, an act to incorporate the town of Belleville, in the
county of'Richmond.
Also, an act to appropriate money for the support of the
Georgia Academy for the Blind.
Also, an act to alter and amend an act entitled an act to
incorporate the town of Jonesboro, in the county of Clay-
202
JOURNAL OF THE SENATE,
ton, to provide for the election of Commissioners, Marshals
and Clerks, and for other purposes mentioned therein, as¬
sented to December 13th, 1859.
Also, an act to incorporate the Cavendor's Creek & Field
Gold Mining Company, and' for other purposes therein men¬
tioned.
Also, an act for the relief of Mrs. Margaret Dillon, admin¬
istratrix of the estate of Michael Dillon, of Chatham county.
The following message was received from the House of
Representatives by Mr. Estes, their Clerkpo tern:
Mr. President! I am instructed by the House of Repre¬
sentatives to inform the Senate that they have adopted and
passed as a substitute for a bill of the Senate entitled an act
to prevent during the existing war monopolies and specula¬
tions in breadstuffs, and other articles of general use and
consumption:
A bill to be entitled an act to prevent during the existing
war monopolies, extortion and speculations in breadstuffs
and other articles of general use and consumption, and to
make such acts criminal, and to provide penalties for the
same.
The rule being suspended on motion the Senate took up
as the report of the committee of the whole the following
reconsidered bill, to-wit:
A bill to require one half of the fines and forfeitures im¬
posed by the Judges of the Superior Courts of the counties
of Fannin, Gilmer and Pickens upon.crimin .1 prosecutions
to be paid over *to the County Treasurers of said Counties,
for county purposes', and for other purposes.
The report was disagreed to, and tbe bill was lost.
The rule being suspended the following bill was taken up
and read the second time, to-wit:
A bill concerning the Superior Courts of the county of
Cobb, changing the existing law in relation thereto.
The Senate took up the special order of the day, to-wit:
A bill for the reduction of the salaries of the officers of
the Western & Atlantic Railroad.
The Committee on Finance to whom this bill was refer¬
red reported the same back to the Senate wTith a recommen¬
dation that it do not pass.
Mr. Boyd offered the following amendment, which was
agreed to, to-wit:
After the word "officers" in caption insert the words
" and Depot Agents."
Also, after the word " officers " in first section insert "and
Depot Agents."
Pending discussion thereon the Senate adiourned till
nV.Wlr P AT j -
WEDNESDAY, DECEMBER 4th, 1S61. 203
h o'clock, p. m.
The Senate met according to adjournment, and resumed,
the consideration of the unfinished business of the last ad¬
journment, to-wit:
The bill relating to the reduction of the salaries of the of¬
ficers of the Western & Atlantic Railroad.
Mr. Dyer moved to refer this bill to a special committee,
which was lost.
The following message was received from the House of
Representatives by their Clerk, pro tem. Mr. Estes:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform th& Senate that they liave passed the
following bills, to-wit:
A bill to be entitled an act to authorize and require the
Treasurer of the State to make an advance to the State
Printer.
1 Also, a bill to legalize and make valid the levying of a
tax for county purposes for the county of Butts, for the year
1861, and to authorize its collection.
Also, a bill to be entitled an act to consolidate the offices
of Ordinary and Clerk of the Inferior Court of the county of
Gilmer.
Also, a bill to be entitled an act to allow slaves and free
persons of color who may leave this State to return to
Georgia.
Also, a bill to be entitled an act to alter the sixth section
of an act to amend the Patrol laws of this State, approved
February 20th, 1S54.
Also, a bill to be entitled an act to amend an act to con¬
solidate the offices of Receiver and Collector of Tax Returns
in the counties of Lumpkin, Tatnall, and other counties, so
far as relates to the county of Gilmer; all of which I am di¬
rected to transmit to the Senate forthwith.
The following message was received from the House of
Representatives, by their Clerk pro tern, Mr. Estes:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bill, to-wit:
A bill to be entitled an act to provide for the assumption
and payment of the taxes assessed against the citizens of
this State, by virtue of an act of the Congress of the Con¬
federate States of America, entitled " an act to authorize
the issue of Treasury notes, and to provide a war tax for
their redemption, approved the 19th of August, 1861,"
which I am directed to transmit forthwith to the Senate.
Pending the discussion of the bill to reduce the salaiies
of the officers of the Western & Atlantic Railroad, on mo¬
tion the Senate adjourned till ten o'clock, to-morrow morn¬
ing.
204
JOURNAL OF THE SENATE,
THURSDAY, DECEMBER 5th, 1S61, >
10 o'clock, A. M. >
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Lane.
The Senate resumed the consideration of the unfinished
business of the last adjournment, to-wit:
The bill respecting the reduction of the salaries of the
officers of the Western and Atlantic Railroad.
On motion of Mr. Vason, said bill was recommitted to
the committee of the whole.
The following message was received from the House of
Representatives, by Mr. Estes, their Olerk protern.:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bills, to-wit:
A bill entitled an act to provide a more easy and con¬
venient mode of proving open accounts in Justices'Courts,
approved December 26th, 1527.
Also, a bill to be entitled an act to amend the several
acts relating to the Savannah and Albany Railroad Com¬
pany, and the Savannah Albany Gulf Railroad Company,
and to authorize the said Company to extend its track to
the Tybee Island.
Also, a bill to incorporate the Direct Trade & Banking
Company of Georgia, and for other purposes.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk:
Mr. President: I am instructed by the House of Repre¬
sentatives to inform the Senate that they have passed the
following bills, to-wit:
A bill to be entitled an act to alter and amend the 2d
section of an act entitled an act to define the liabilities of
the several Railroad Companies of this State for injury to
or destruction of live stock killed or injured, or for destruc¬
tion of or injury or damage to property other than live
stock, by the running of cars, engines, or locomotives, or
other machinery upon a Railroad in this State, assented to
20th February, 1S54.
Also, a bill to be entitled an act to extend the time for
the payment of taxes for the year 1S61'.
The rule being suspended, the following bill from the
House was taken up and read the first time, to-wit :
A bill to provide for the payment, by the State of Geor¬
gia, of the war tax levied by the Congress of the Confeder¬
ate States, &c.
THURSDAY, DECEMBER 5tii, 1SG1. 305
The Senate took up as the report of the committee of
the whole, the special order, to-wit:
A bill from the House to aid The Georgia Relief & Hos¬
pital Association, arid to appropriate money therefor.
Mr. Beasely offered the following amendment, to-wit:
Add to the caption, "and. to locate the same." Add the
following to the first section, "and that said G-eorgia Relief
Association be located at Augusta, Georgia."
Mr. Dyer offered the following amendment to the amend¬
ment of Mr. Beasley, which was accepted.:
Giving to the Directors full power to establish Branch.
Hospitals as they in their discretion may think necessary.
The amendment as amended was agreed to.
Mr. Beasley offered the following amendment, whicli was
agreed to :
Sec. Be it further enacted, That the above appro¬
priation be applied exclusively and pro rata to the sick and.
wounded, according to their necessities, at the different per¬
manent and temporary Hospitals at the various military
positions occupied by troops from this State within the
State ot Virginia, and elsewhere.
Mr. Lewis offered the following amendment, which was
agreed to, to-wit:
Sec. The General Assembly do further enact, That
the one hundred thousand dollars of the net earnings of the
Western & Atlantic Railroad, which were appropriated to
the purposes of education, by the first section of an act as¬
sented to December 11th, 185S, and entitled an act to pro¬
vide for the education of the children of this State, between
certain ages, and to provide an annual sinking fund for the
extinguishment of the public debt, be, and the same is
hereby set apart, and appropriated for the purpose of meet¬
ing one-half the demand incurred by the provisions of this
act, any law to the contrary notwithstanding.
Mr. Harris offered the following amendment, which was
agreed to :
Sec. And be it further enacted, That the said Associa¬
tion shall employ a competent agent or agents, whose duty
it shall be to look up and take charge of all Hospital and
other stores, en transit, for Georgia troops, and to have said
stores and supplies promptly forwarded to their destination
—said agent or agents to be located at Richmond, Virgi¬
nia, or at such othei place or places as said Association may
determine to be necessary to carry out the objects of this
act; and the said appointees slrill receive such compensa¬
tion from said Board of Managers, out of the foregoing ap-
206
JOURNAL OF THEJ3ENATE,
propi'iation, as may be reasonaVe, and be discontinued at
any time said Board may determine.
Mr. Furlow offered the following amendment, which was
agreed to, to be added to section :
The said Association, in the establishing of Branch Hos¬
pitals, shall so locate them as will be more convenient and
acceptable to the troops intended to be benefited thereby,
not exceeding twenty miles distant, if practicable.
The report as amended was agreed to. The bill was
read the third time and passed.
The rule being suspended, Mr. Ware offered the follow¬
ing resolution, which was taken up, and read and adopted:
Whereas, By an act passed by the General Assembly the
offices of Surveyor General and Secretary of State have
been consolidated, and
Whereas, Many of the maps and charts in the Surveyor
General's offices are very much mutilated and worn;
Be it resolved by ihe Senate and House of Representatives,
That the Secretary of State, for the time being, and his
successors in office, be, and he is hereby required to make
new all maps and charts that are nowT worn out or mutila¬
ted, and see that the records in said office are preserved and
neatly kept; and as a compensation for his services the
Secretaiy of State for the time being, and his successors in
office, shall receive all the fees arising in the Surveyor Gen¬
eral's office, of whatever kind.
' The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill more effectually to organize the Georgia Institu¬
tion for the education of the Deaf and Dumb, &c.
The joint Standing Committee on the Deaf and Dumb
Asylum,, to whom this bill was referred, reported the same
back to the Senate with the following amendment, and re¬
commend that the same, amended as proposed, do pass:
Amend the first section by striking out the name of M.
H. Haynie, and inserting in lieu thereof Wade S. Cothran.
Amend the fourth section by striking out after the word
"and," in the tenth line from the top of the second page all
the balance of the sentence, and insert in lieu thereof, "on
indictment and conviction in the Superior Court, shall be
fined in a sum not less than one hundred nor more than one
thousand dollars."
This amendment was agreed to.
Mr. Bell moved to lay the bill upon the table for the pres¬
ent. This motion was lost.
Mr. Bell offered the following amendment:
Sec. And be it further enacted, That in case said Com-
ihuksjuai, december 5th, isgl. 207
missioners, or either of them, should not accept said appoint¬
ment, or fail or refuse to serve, that the Governor be au¬
thorized to appoint other commissioners in their stead, who
when appointed by the Governor, shall have all the power
and authority they would have if appointed by this act.—
Provided, That no one shall be appointed who has hereto¬
fore taken any part in the quarrel or controversy in relation
to said Institution.
Mr. Lewis offered t"he following substitute for the amend¬
ment offered by Mr. Bell, which was adopted :
And be it further enacted, That should a majority of said
commissioners refuse to accept the appointment, then the
Governor is authorized to fill the vacancy thus occurring:
Provided, He shall appoint no one connected with either
of the old parties to the existing feud in said Institution.
If a majority of said commissioners accept, they shall fill
any vacancy occurring.
Mr. Furlow offered the following amendment, which was
agreed to:
And be it further enacted, That the said commissioners are
hereby instructed to select some different location for said
Institution, and report to the next session of this Legisla¬
ture the probable cost of said removal.
The report as amended was agreed to. The bill was read
the third time and passed, and ordered to be transmitted
forthwith to the House of liepresentatives.
On motion of Mr. Lewis, leave of absence was unani¬
mously granted to Mr. King for the balance of the session
after Friday next.
The Senate took up as the report of the committee of
whole, the following Senate bill, returned from the House
of Representatives, with an amendment in the nature of a
substitute, to-wit:
A bill to prevent, during the existing war, monopolies
and speculations in bread stuffs and other articles of general
use and consumption, which, on motion, was referred to the
Committee on the J udiciary, and fifty copies thereof or¬
dered to be printed.
The Senate took up as the report of the committee of
the whole,
A bill concerning the Superior Courts of the county of
Cobb, changing the existing law in relation thereto.
The report was agreed to; the bill was read the third
time and passed.
The following bills from the House of Representatives
were severally read the first time :
A bill to consolidate the offices of Clerk of the Superior
20S
JOURNAL OF THE SENATE,
and Inferior Courts of the counties of Fayette, Sumter,
Chattachoochee, Terrell, Newton, Merriwether, Franklin,
and Habersham. _
Also, a bill to extend the provisions of an act entitled an.
act to regulate the collecting of jury fees in the Superior
and Inferior Courts of Coweta, Floyd, and Cass counties,
approved February ISth, 1S56, so as to include the county
of Whitfield in the provisions of said act, and to add an ad¬
ditional section to provide for the collection of the same.
Also, a bill to amend an act to consolidate the offices of
Receiver and Collector of tax returns in the counties of
Lumpkin, Tatnall, and other pounties, so far as relates to
the county of Gilmer.
Also, a bill to authorize and require the Treasurer of the
State to make an advance to the State Printer.
Also, a bill to consolidate the offices of Ordinary and
Clerk of the Inferior Court of the couniy of Gilmer.
Also, a bill to legalize certain acts of the Inferior Court
of Butts county, the present year, and make the same
valid.
Also, a bill to allow slaves and free persons of color, who
may leave this State, to return.
Also, a bill to alter the 6th section of an act to amend
the Penal Laws of this State, approved February 20th,
1854.
Also, a bill to extend the time for the payment of taxes
for the year 1861.
Also, a bill to amend an act entitled an act to provide a
more easy and convenient mode of proving open accounts
injustices' Courts, &c.
Also, a bill to alter and amend the 2d section of an act
entitled an act to define the liabilities of the several Rail¬
road Companies of this State for injury to, or destruction
of live stock killed or injured, or for destruction of, or in¬
jury or damage to property other than live stock, by the
rqnning of cars, engines, or locomotives, or other machin¬
ery, upon a Railioad in this State, &c.
Also, a bill to incorporate the Direct Trade Company of
Georgia, and for other purposes.
Also, a bill to amend the st feral acts relating to the Sa¬
vannah and Albany Railroad Company, and the Savannah
Albany and Gulf Railroad Company, and to authorize the
said Company to extend its track to Tybee Islaud.
The rule beins: suspended, Mr. Gibson reported the fol¬
lowing bill, which was read the first time :
A bill to fix the amount of the Bond of the Tax Receiver
and Collector of the county of Richmond and for other
purposes.
FRIDAY, DECEMBER 6th, 1861.
209
The following bills from the House of Representatives
were taken up and severally read the second time :
A bill to amend an act to incorporate the city of Dalton.
Also, a bill to designate the place of holding sales of
Sheriffs, Coroners, Executors, Administrators, &c., in the
County of Muscogee.
Also, a bill to authorize the Inferior Court of Whitfield
county to levy a tax and appropriate the same.
On motion the Senate adjourned till 10 o'clock to-mor¬
row morning.
FRIDAY, DECEMBER 6th, 1861,)
10 o'clock, a. m. 5
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Mosely.
The rule being suspended Mr. Hansell submitted a com¬
munication from Mr. John H. Rice, respecting a "Descrip¬
tive Geography," which was read and referred to the Com¬
mittee on Education.
The rule being suspended on motion of Mr. Boyd the Sen¬
ate took up as the report of the committee of the whole,
The bill respecting the reduction of the salaries of officers,
of the Western & Atlantic Railroad.
Mr. Echols offered the following amendment, which was-
accepted:
Provided, Nothing in this act shall be so construed as to
reduce ttie salaries of any of the Engineers on said road.
Mr. Mitchell offered the following amendment:
Provided, That no agent on said road at any station shall
receive a larger amount for his salary than the amount ac¬
tually received and paid into the Treasury at said stations
for freight.
Mr. Jackson offered the following amendment in the na¬
ture of a substitute for the whole of said bill except the cap¬
tion ; •
"That from and after the passage of this act the salary of
the Treasurer of said road shall be fifteen hundred dollars,
and that the salary of such Depot Agents on said road at
such stations as the work has or shall be greatly diminished,
it shall be the duty of the Superintendent to equalize the
compensation for service rendered at such Depot or station,
and in no case shall such compensation exceed the amount
of the freight collected at such depot or station on said road.
Mr. Furlow offered the following amendment in the na-
14
210
JOURNAL OF THE SENATE,
ture of a substitute, for the amendment offered by Mr. Jack¬
son. which was lost:
"That the salaries of all officers, agents and workmen on
said road amounting to the sum of three thousand dollars,
and upwards, shall be reduced twenty per cent.; those
amounting to two thousand and less than three thousand
dollars shall be reduced fifteen per cent.; those amounting
to fifteen hundred and not more than two thousand dollars
shall be reduced twelve and one-half per cent.; and all oth¬
er salaries shall be reduced ten per cent.; Provided, That the
salaries of Engineers running locomotives shall not be affec¬
ted by this act."
The amendment offered by Mr. Jackson was also lost.
Mr. Gordon offered the following amendment, in the na¬
ture of a substitute, for the whole bill except the caption:
Be it enacted, That the Governor be requested to scruti¬
nize the salaries of the officers and employees of the West¬
ern & Atlantic Railroad, and whenever it can be done with
a due regard to the best interest of the road, a fair and prop¬
er reduction of their salaries shall be made.
Upon agereing to this substitute the yeas and nays were
called for, and were yeas 23, nays 16.
Those w7ho voted in the affirmative are—Messrs.:
Beasley, Bothwell, Brown, Fletcher, Fort, Furlow, Gas¬
ton, Gordon, Griffin, Hansell, Harris, Hill, Jamison, Kendall,
Killen, King, Lewis, Mosely, Smith, Stafford, Swearingen,
Winn, Wright.
Those who voted in the negative are—Messrs.:
Alexander, Anthony, Bell, Boyd, Dyer, Echols, James
Ililliard, Thos. Hilliard, Jackson, Lane, McRae, -Mitchell,
Simmons, Stephens, Vason, Ware.
Yeas 23, nays 10. So the substitute was received in lieu
of the original.
The report as amended was agreed to, the bill was read
the third time and passed.
The following message was received from His Excellency
the Governor by his Secretary, Mr. Waters, to-wit:
Mr. President: I am directed by the Governor to deliver
to the Senate a communication in writing on the subject of
Coast defence.
On motion the Senate went into secret Executive Session.
On motion the Executive Session was dissolved, and the
Senate returned to open session, and on motion adjourned
to 3 o'clock, P. M.
FRIDAY, DECEMBER Gtii, 1S61.
211
3 o'clock, p. m.
The Senate met according to adjournment.
The following bills from the House of Representatives
ere severally read the second time :
A bill to legalize certain acts of the Inferior -Court of the
junty of Butts the present year, and make the same valid.
Also, a bill to consolidate the offices of Ordinary and Clerk
f the Inferior Court of the county of Gilmer.
Also, a bill to authorize and require the Treasurer of the
tate to make an advance to the State Printer.
Also, a bill to alter and amend the second section of an
ct entitled an act to define the liabilities of the several
I,ailroad Companies of this State for injury to or destruction
f live stock killed or injured, or for destruction of or inju-
y or damage to property other than live stock by the run-
ing of cars, engines or locomotives, or other machinery up-
n a Railroad in this State, assented to 20th February, 1854.
Also, a bill to extend the time for the payment of taxes
>r the year 1861.
Also, a bill to incorporate the Direct Trading Company
f Georgia, and for other purposes.
Also, a bill to alter the sixth section of an act to amend
he Patrol laws of this State, approved February 20th, 1854.
Also, a bill to amend an act to consolidate the offices of
Receiver and Collector of Tax Returns in the counties of
iumpkin, Tatnall, and other counties, so far as relates to
tie county of Gilmer.
Also, a bill to amend the several acts relating to the Sa-
annah & Albany Railroad Company and the Savannah Al-
any & Gulf Railroad Company, and to authorize the said
lompany to extend its track to Tybee island.
Also, a bill to extend the provisions of an act entitled an
Gt to regulate the collection of Jury fees in the Superior
nd Inferior Courts of Coweta, Floyd and Cass counties, ap-
roved February 18, 1856, so as to include the county of
Vhitfield in the provisions of said act, and to add an addi-
ional section to provide for the collection of the same.
Also, a bill to be entitled an act to allow slaves and free
>ersons of color who may leave this State to return to Geor-
;ia.
Also, a bill to consolidate the offices of Clerks of the Su-
erior Courts in the counties of Fayette, Sumter, Chatta-
oochee, Terrell, Newton, Meriwether, Franklin and Hab-
rsham.
Also, a bill to provide for the payment by the State of
Georgia of the war tax levied by the Congress of the Con-
jderate States, approved August 17tli, 1861.
Also, a bill to amend an act entitled an act to provide a
212
JOURNAL OF THE SENATE,
more easy and convenient mode of proving open accounts in
Justices Courts, approved December 2Gtli, 1827.
On motion this bill was referred to the Committee on the
Judiciary*
The following bill was taken up, read the second time,
and on motion referred to the Committee on the Judiciary:
On motion the Senate went into secret Executive session.
The secret Executive Session being dissolved the Senate
returned to open session; and on motion adjourned till ten
o'clock, to-morrow morning.
SATURDAY, DECEMBER, 7th, 1861. }
10 o'clock, a. m. )
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Moseley.
On motion of Mr. Hansell, leave of absence, for a few-
days, was granted to Messrs. Hansell and Stafford, members
of the committee to examine the offices of the Comptroller
General and Treasurer.
The following message was received from His Excellency
the Governor by Mr. Waters, his Secretary, to-wit:
Mr. President:—I am directed by His Excellency the
Governor to deliver to the Senate a communication in writ¬
ing.
' On motion of Mr. Furlow, the regular order was suspen¬
ded and the Senate took up a communication from his Ex
cellency the Governor, which was read as follows :
EXECUTIVE DEPARTMENT, >
Milledgeville, Ga., December 5th, 1861.j
To the General Assembly:
The correspondence between the Secretary of "War and
myself which has been laid before you, shows that I did all
in my power to induce the Government of the Confederate-
States to increase the force upon our coast, and to make tha
necessary preparation for our defence, prior to the organiza¬
tion by me of the military forces now in the service of th&
State. In making this statement, I do not wish to be un¬
derstood that I reflect upon that Government for a willful
neglect of duty. I believe it is the wish and intention of
those in authority, to use the forces and means at their com¬
mand, in such manner, and at such places as will best pro¬
mote the general good. But viewing the field from the
SATURDAY, DECEMBER 7th, 1861. 213
stand point which they occupy, they have been of opinion,
as their action has shown, that there was greater necessity
for the troops and the resources at their command, at other
points. Hence, they failed to make the necessary prepara¬
tion for our defence.
Appreciating the difficulties with which the Confederate
Government had to contend, and hoping that they might
make the necessary preparations for the defence of the State,
I delayed action On State account as long as I could possibly
do so, consistently with the public safety. Almost every
newspaper received from the North in the months of Au¬
gust and September, contained statements of the strength
of the fleet which was being fitted out by the enemy, and
of the intention to send it with an invading force against
our coast as soon as the season would permit.
In the formation of the Constitution of the Confederate
States, each State reserved to itself the sovereign right to
engage in War when "actually invaded, or in such imminent
danger as will not admit of delay/' The statute of our own
State authorized me to accept the services of ten thousand
volunteers, of different arms, in such proportions as the ex¬
igencies of the service might require. The people of the
coast continually called on me for protection. The gener¬
al voice of the people of the State was, that they were en¬
titled to it, and that the safety of the whole State depended,
in a great degree, upon the successful defence of the coast.
The Constitution gave me the right, and the statue made it
ray duty, to act. I did so ; but not until the latest day
when I could have time to organize and prepare the troops
for service, before the invasion.
The organization has been conducted in strict conformity
to the requirements of the statute, and the Generals have
been appointed to command the troops, by and with the
advice and consent of the Senate now in session. Suppose
I had made a calculation, and determined it would cost too
Inuch for the State to assist in her own defence, and had
refused to call out the troops, and had met the General As-
„ sembly and informed you I had made no preparation for the
defence of the State, for the reason that it must cost a large
sum of money ; and that I had again and again asked the
Secretary of War to defend us, and that I relied on the three
or four thousand Confederate troops then on our coast, to
protect the city of Savannah, and the whole coast against
the powerful force sent for our subjugation ; what would
have been the verdict passed upon my conduct by the Gen¬
eral Assembly, and every intelligent patriot in Georgia?—
Would it not have been one of universal and just condem¬
nation 1
Results have shown that I was not mistaken when I de-
214
JOURNAL OF THE SENATE,
cided that the danger was imminent, and commenced active
preparation to meet it.
The invader's troops are on our soil, and ^ his flag now
waves over our territory, and insults the dignity and sover¬
eignty of our State.
Thus menaced with subjugation and degradation, is it
possible that we, as the representatives of the people, and
as co-ordinate branches of the government, can spend our
time in discussions about the cost of our defence ; or wheth¬
er the State or Confederate Government shall for the pres¬
ent, assume ,the burden and make the expenditure; or that
our action can be influenced by party consideration, or by-
personal hatred or personal favoritism ; or that we can stop
to consider whether our action will tend to sustain, or to
advance the political fortunes of one man, or to injure those
of another ? Surely wTe have graver duties than these to
perform, and weightier responsibilities to meet.
We have now been over four weeks in session. Our
troops in the field have been in need of supplies, and we
have made an appropriation of only one hundred thousand
dollars. This is not more than half the necessary expense
of our military operations since the commencement of the
session, and is but little over double the sum necessary to
pay the expenses which the General Assembly has cost the
State for the same length of time.
I mention these things in no spirit of fault-finding, but in
the hope that dissensions and jealousies, if they exist, may
be banished from our midst, and that we may unite as one
man, and promptly provide the necessary means to defend
the State, and drive the invader from our soil.
The organization of the State troops is becoming a very
efficient one, which will soon make them terrible to the in¬
vader.
At this important period, in the face of the enemy; when
organization and harmony are of the utmost importance, a
proposition is made that we pause and count the cost of our
defence, and that we transfer our army to the Confederacy,
by regiments, battalions or companies ; and if they are not
received, that we disband the troops and thus get rid of the
expense.
Let us examine this question of expense for a moment.
Suppose we dismiss from our breasts every feeling of patri¬
otism and every generous impulse, with' every desire for
liberty or independence, and consider the question as one of
sordid gain, of mere dollars and cents. What reasonable
man, having an estate of seven hundred millions of dollars,
and finding it in litigation, and the title in a precarious con¬
dition, would hesitate a moment to give able counsel five
millions to defend and secure the title ? The property of
the people of Georgia is worth seven hundred millions of
SATURDAY, DECEMBER 7th, 1861. 115
dollars the State is now invaded, and every dollars of it
hangs upon the result. If we are conquered, all is lost. Is
it possible in this state of the case, that we can refuse to
give five millions for the support of our gallant troops who
are now in the field, ready to spill the last drop of their
blood to defend and secure our title? Strong as the case
thus presented may be, this is a narrow, contracted view of
the subject. All the property and all the money in the
State is as nothing compared with the principles involved,
and the consequences to us and our posterity.
But do we get rid of the expense by the proposed trans¬
fer ? I maintain that it does not in any view of the ques¬
tion save to the State one dollar. If the troops are trans¬
ferred, the Confederacy will pay their expenses, and Geor¬
gia, as a member of the Confederacy, will have to meet her
part of it. If she retains them, at the end of the war the
Confederacy will assume the expense of the Georgia troops
as well as of the troops of the other States, and Georgia
will only have to pay her part. If the Confederacy does not
receive the troops, and they are disbanded, the city of Sa¬
vannah, and the whole sea coast, and the Southern part of
the State, must fall into the hands of the enemy, and the de¬
struction of property will cost us ten times as much as the
highest appropriation any one would ask to support the
troops. There is not, therefore, one dollar of economy or
of saving to the State in the proposition.
Virginia, Tennessee, North and South Carolina, Louisi¬
ana, and probably other States, are calling, and have called
into the field, large numbers of State troops, to repel the
invasion and protect their property. At the end of the
war, the expense incurred by each of these States, will be
assumed by the Confederacy, and Georgia will have to pay
her part of it. If, while they defend themselves, she per¬
mits her coast to fall into the hands of the enemy and her
citizens to be plundered rather than incur the expense ne¬
cessary to the protection of her people, the other States of
the Confederacy may be saved their part of the expense
which was necessary to her defence. But instead of saving
expense, is she not the loser ?
Tennessee expended five millions of dollars in less than
six months, and no complaint is heard from her Legislators,
or her people, that they cannot afford to incur the expense
of self-defence.
Two other grave questions, in this connection, demand
our careful consideration. Have we the power to transfer
the troops to'the Confederacy, without their consent ? And
has the President the power to accept them even with their
consent ? Neither is true.
First, as to our power to transfer them : the troops in re¬
sponse to the call of the Executive of the State, have vol-
216
JOURNAL OF THE SENATE,
unteered to serve the State as State troops ; and have been
mustered into the service of the State, and not into the ser¬
vice of the Confederacy. It was no part of the contract be¬
tween the troops and the State, that they should be trans¬
ferred to the service of the Confederacy ; and the State has
no right to make the transfer without their consent. They
are not cattle to be bought and sold in the market. They
are brave, generous, high-toned freemen, who have left their
homes at the call of their State, and are now undergoing all
the fatigues and hardships of camp life for her defence.—
While they are brave enough to defend their rights, they
are intelligent enough to understand them ; and we are
greatly mistaken if we suppose they will submit to a change
of their present organization, or to an act of injustice to
those who have their confidence, and who have been legally
appointed to command them. They are, as our statute
which was passed to meet this very emergency, required,
organized into companies, battalions, regiments, brigades,
and a Division. If we disband the division and turn over
the brigades, we are, in my opinion, guilty oi gross injus¬
tice to the gallant and chivalrous son of Georgia, whom we
have just called from an honorable command in Virginia,
where he has rendered distinguished service, and have invi¬
ted to the command of the troops of his native State. In
response to the call made upon him by the Governor with
the advice and consent of the Senate, he has resigned his
command in the Confederate service, and is on his way to
Georgia; and it is now proposed, when he reaches the State,
to inform him that he has been deceived ; that we have
changed our policy, and that his services are not needed.
If we disband the brigades, we do injustice to the Briga¬
dier Generals, who have been called from important pur¬
suits, and invited bjr the highest appointing power in the
State, to the commands which, they now hold. Amontg this
number is the gallant Walker, whose glorious deeds, have
shed lustre upon the character of the State, .while his blood
has stained almost every battle-field where his country's
rights have been vindicated for the last quarter of a centu¬
ry- . . -f , /
If we disband the regiments, we do injustice to the Colo¬
nels, who< have been legally elected to command .them, j
and if we disband the battalions and tender the troops by
companies, we do like injustice to the Lieutenant Colonels
and Majors. In any, or either of these cases, we must ex¬
pect that the gallant men under their command, will piake
the cause oi their officers common cause, and refuse to sub¬
mit to such injustice. We have not, therefore, the power,
to transfer the troops without their consent; and IfeeVquite
sure they will never give their consent unless the whole
organization is transferred in its totality, retaining every of-
SATURDAY, DECEMBER 7th, 1861. 217
ficer, from tlie Major General down to the lowest grade in
his position, with his rank and command. °
Second, As to the power of the President to accept the
troops—the law passed by Congress authorises the Presi¬
dent to accept them by companies, battalions or regiments,
but gives him no authority to accept a brigade or division.
The law also defines the number of which a company shall
consist, and gives him no power to accept a company with
less than sixty-four, nor more than one hundred privates.—
It will be borne in mind that the Statute uses the term pri¬
vates. Add to these the four commissioned and eight non¬
commissioned officers, and two musicians, and the minimum
number of a company which the law authorizes the Presi¬
dent to accept is seventy-eight, while the maximum number
is one hundred and fourteen. The President has no more
right under the Statute, to accept a company with less than
sixty-four privates, and a proper number of officers, than he
has to accept a brigade or division. If, the one is illegal the
other is equally so. '
The Statute of our own State declares that a company of
infantry shall consist of not less than fifty, nor more than
eighty bank and file. This term includes non-commis¬
sioned officers and musicians as well as privates. Add the
four commissioned officers, and our Mwmw number is fifty-
four, and the maximum number eighty-four. A company
must, therefore, approximate very near our largest number
before it reaches the smallest number with which it can be
received into the Confederate service. If I had had plen¬
ty of arms with which to arm the State troops, I might have
refused to accept companies with less than the smallest Con¬
federate or largest State number. But I was compelled to
appeal to the companies to bring > good country arms with
them,' and as the number of these arms which could be
made efficient within the reach of a company was general*
ly limited, I was frequently obliged to accept companies with
little more than the smallest number allowed by the Stat¬
ute, or to reject them and permit them to'disband. While
therefore, each and every company is organized in conform¬
ity to our own Statute^ and has a legal number, probably
each one of two thirds of the companies, has less than the
smallest number authorized by the Confederate Statute,* and
could not be accepted ,by the President or mustered into the
service of the Confederacy. If we could be supposed to be
capable of the injustice to the Generals, Colonels, Lieuten*
ant Colonels and Majors which would result from a disband¬
ing of the State organization, and should tender the troops
by companies, it is very clear that over two thirds of. them
could not be accepted, and must, therefore, be disbanded
and sent - home. No one who carefully investigates > this
question can fail to see that an appropriation of money for
213 JOURNAL OF THE SENATE,
the support of the troops, which has a condition annexed to
it, making the appropriation dependent upon the tender oi
the troops to, and their acceptance by the Confedeiacy, is
equivalent to a refusal to vote supplies for their support,
and an order to disband them in the face of the enemy.-—
But it may be said that Congress could pass a law authoriz¬
ing the President, in this particular case, to receive the com¬
panies with their present organization consisting of less
than sixty-four privates. This is true; and it is equally true
that Congress could pass a law authorizing the President to
accept them as organized, by divisions and brigades.
The troops might consent to the transfer on the latter
supposition, as this would do justice to their officers, and
maintain their organization as it was formed by the State ;
but it is very certain, in my opinion, that they will not con¬
sent to the transfer upon any other terms. If we disband
these troops because we fail to stand by our State organi¬
zation and protect their rights, or because we refuse to
make the necessary appropriation to maintain them in the
field, we disband an organization of as noble Georgians as
ever assembled, with arms in their hands ready and willing,
if they can do so with honor, to defend their State, and if
need be to sacrifice their lives a willing offering upon her
altar. Do this, and what encouragement do we offer to
others to step forward and take their places ?
I deny that such action would be just to our brave Gen¬
erals on the one hand, or to the companies in the condition
above described, on the other ; or indeed to any company,
which at the call of the State, has organized in conformity to
her laws, and been accepted into service for her defence.
I deny that it is just to the city of Savannah, or the sea-
coast, by this extraordinary legislation to drive from the
field nearly ten thousand of Georgia's most gallant sons,, and
leave these exposed points at the mercy of the enemy. And
I deny that such legislation would reflect the will of the no¬
ble constituency who sent us here, and committed to our
keeping their honor and their safety. They will never con¬
sent to see Georgia's proud escutcheon tarnished, or her
flag trailing in the dust before her enemies because it must
cost her a tew dollars to maintain her noble sons in the field
for her defence. The adoption of any policy looking to &
transfer of the State troops, which may result in their dis¬
organization, at a time when their services are so much
needed by the State, would be, in my opinion, not only un¬
wise but suicidal, and must result in the most disastrous
consequences to the State.
If this fatal policy should be determined upon by the Gen¬
eral Assembly, I will be responsible for none of the conse¬
quences growing out of it; and, in the name of the people
of Georgia, I now, in advance, enter my solemn protest
SATURDAY, DECEMBER 7th, 1861. 219
against it. If the State troops are disbanded, or the appro¬
priations to maintain them are made upon the condition that
they be transferred or disbanded, which is equivalent to an
order to disband them, it will become my duty, as the Ex¬
ecutive of the State, to proclaim to her people, that, while
the enemy is thundering at her gates, her representatives
have left me powerless for her defence, by withholding the
necessary means, and even taking from me those already at
my command*
If I have used strong language, I mean no disrespect.—
When all that is dear to a people is at stake, the occasion
requires the utmost frankness and candor.
JOSEPH E. BROWN.
The following message was received from the House of
Reresentatives by Mr. Carrington, their Clerk :
Mr. President:—I am directed by the House of Represen-
tutives to inform the Senate, that they have passed the fol¬
lowing bills, to-wit:
A bill to be entitled an act to provide for the public de¬
fence, and for other purposes.
Also, a bill to be entitled an act to repeal so much of an
act assented to December 15, 1859, as includes the North
half of lot of land No. 10, in the 27th district of Sumter
county, in the county of Schley.
Also, a bill to incorporate Warehouse Insurance & De-
posite companies, in the cities of Americus and Albany.
Also, a resolution relative to appointing Rev. C. W.
Thomas, as Chaplain in the army.
Also, a bill to be entitled an act to amend the Certiorari
laws of this State.
Also, a bill to be entitled an act to authorize the Inferior
Court of Coweta county to levy an extra tax, &c.
Also, a bill to be entitled an act to provide for the elec¬
tion of County Treasurer for Ware county, and for other pur¬
poses.
Also, a bill to be entitled an act to prevent any person or
persons from felling in timbers or otherwise obstructing the
current of Toccoah river in the county of Fannin, and to
punish offenders for the same.
Also, a bill to be entitled an act for the relief of William
E. West, of the county of Polk.
Also, a bill to be entitled an act to authorize the Justices
of the Inferior Court of Catoosa county to stop up a ford
across Chickamauga Creek, and to change the road in said
county, and for other purposes.
The House of Representatives has also concurred in the
Senate resolutions relative to the boundary line between the
220
JOURNAL OF THE SENATE,
States of Georgia and Florida, with an amendment, in which
they ask the concurrence of the Senate.
The House of Representatives has also adopted a resolu¬
tion appointing a Joint Committee of the two Houses to ex¬
amine into the busitiess before the same preparatory to an
early adjournment of this General Assembly, and have ap¬
pointed on the part of the House of Representatives, as such
committee, Messrs. Lane, of Hancock, Blood worth, of Pike,
and Lee, of Muscogee, in which the House of Representa¬
tives ask the concurrence of the Senate.
The House of Representatives has also adopted the fol¬
lowing resolutions in which they ask the concurrence of the
Senate, to-wit:
A resolution instructing the Comptroller General to issue
certain instructions to Tax Collectors throughout Georgia,
to stop the sale, under tax fifas, of lands belonging to alien
enemies.
Also, resolutions declaring Georgia's unalterable intention
to prosecute the present war to a successful termination.
On motion the following bill from the House of Repre¬
sentatives was taken up, read the fi^st time and fifty copies
ordered to be printed:
A bill to provide for the public defence, and for other pur¬
poses.
On motion the following resolution from the House of
Representatives was taken up, read and adopted, to-wit:
Resolved, That a committee of three be appointed by this
House to confer with a like committee upon the part of the
Senate to examine into the business now before both Houses
of the General Assembly for the purpose of ascertaining and
reporting to both Houses such business as is of general char¬
acter that the same may be acted upon at as early a day as
possible, looking to the adjournment of the General Assem¬
bly at its earliest practicable day. The President appoint¬
ed on said committee on the part of the Senate Messrs. Hill,
Lewis and Dyer ; and the action of the Seuate ordered to be
transmitted to the House of Representatives forthwith.
The rule being suspended the following communication
from His Excellency with the accompanying Resolutions,
was taken up, read and referred to the Military Committee:
Exrcutiye Department, )
Milledgeville, Ga., December 6th, 1S61. )
To the General Assembly :
In compliance with the request contained in the accom"
panying Resolutions I transmit them to the General Ass.ehr
bv- JOSEPH E. BllOWN.
SATURDAY, DECEMBER 7th, 1861. 221
RESOLUTIONS.
Camp Harrison, S. A. & G. R. R.,)
December 3d, 1SG1. $
At a meeting of the officers of Col. E. W. Chastain's regi¬
ment of State Volunteers, on motion of Capt. John S. Fain
the following preamble and resolutions were unanimously
adopted:
Whereas, We have learned with regret that a resolution
to transfer the Georgia State Volunteers to the service of
the Confederate States has passed the Senate of the State of
Georgia, and seems to meet with general favor in the House
of Representatives:
Therefore Resolved, 1st. That we pledge our property, our
lives, and our sacred honor to the maintenance of the rights,
honor and cherished institutions of our beloved State and
the Confederate States; notwithstanding, we most solemnly
declare that should the General Assembly of the State of
Georgia force such an alternative upon us, we will at once
abandon the field and return to our homes.
Resolved, 2d. That we are freemen, and that the General
Assembly, nor no other power on 6arth, has the right to
transfer us to the Confederate States service, or any other
service without our consent, and that no such authority
ought to be exercised over a free people.
Resolved, 3d. That we are fiot the property of the Gener-
eral Assembly of Georgia, to be sold and transferred from
one owner to another like a promissory note, and that we
hereby enter our solemn protest against any such sale.
Resolved, 4tlx. That a copy of this preamble and resolutions
be forwarded to His Excellency Governor Brown, with a
request that he lay the same before the General Assembly
of the State of Georgia.
(Signed) JOHN H. CRAVEN, Pres't.
E. B. Moore, Secretary.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole the following bill from
the House of Representatives :
A bill to authorize and require the Treasurer of this State
to make an advance to the State Printer.
The report was agreed to, the bill was read the third time
and passed, and ordered to be transmitted forthwith to the
House of Representatives.
The Senate took up as the report of the committee of the
whole the following bill from, the House of Representatives:
A bill to amend the second section of an act entitled an
act to define the liabilities of the several Railroad companies
of this State for injury to, or destruction of live stock killed
or injured, or for destruction of, or injury or damage to
222
JOURNAL OF THE SENATE,
property other than live stock, by the running of cars, en¬
gines, or locomotives, or other machinery upon a Railroad
in this State, assented to 20th Febuary, 1854.
The report of the committee was disagreed to, and the
bill was lost.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to amend the several acts relating to the Savannah
& Albany Railroad Company, and the Savannah, Albany &
Gulf Railroad Company, and to authorize the said compa¬
ny to extend its track to Tybee island.
Mr. Gordon offered the following amendment in the na¬
ture of a substitute to the title of said act, which was agreed
to:
A bill to be entitled an act to authorize the Savannah,
Albany & Gulf Railroad Company to extend its track to
Tybee Island, upon certain conditions, and to authorize the
Central Railroad & Banking Company of Georgia to extend
its track and transfer freight and passengers over said line
to Tybee island.
Mr. Gordon offered the following amendment which was
agreed to :
Section —. The General Aesqmbly do further enact, That
it shall be lawful for the Central Railroad & Banking Com¬
pany of Georgia, and that Company is hereby authorized
and empowered to extend the track of the Central Railroad
fi,nd to join and unite the same with the track of the said
the Savannah, Albany & Gulf Railroad Company at, in or
hear to the city of Savannah, and when the track to Tybee
island shall be completed, the said the Savaunah, Albany &
Gulf Railroad Company shall not make any discrimination
or regulation in its charges and rates against the said the
Central Railroad & Banking Company of Georgia, nor give
any preference to its own transportation whether of freights
or passengers, over that of said Central Railroad & Banking
Company of Georgia; but all things sent by the said the
Central Railroad & Banking Company of Georgia shall be
transported over the line to Tybee at the same rates that
shall be charged by the said the Savannah, Albany and Gulf
Railroad Company on things and passengers coming from
the road of the said Savannah, Albany & Gulf Railroad com¬
pany.
The report as amended was agreed to, the bill was read
the third time and passed, and the same was ordered to be
transmitted to the House of Representatives forthwith.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to consolidate the offices of Clerks of the Superior
and Inferior Courts of the counties of Fayette, Sumter,
SATURDAY, DECEMBER 7th, 18G1. 223
Chattahoochee, Terrell, Newton, Meriwether, Franklin and
Habersham.
Mr. Wright offered an amendment extending the provis¬
ions of this bill to the county of Johnson, which was agreed
to.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to consolidate the offices of Ordinary and Clerk of
the Inferior Court of the county of Gilmer.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to extend the time for the payment of taxes for the
year 1SG1.
The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to legalize certain acts of the Inferior Courts of the
county of Butts the present year, and make the same valid.
The report was agreed to; the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives •
A bill to authorize the Inferior Court of Whitfield county
to levy a tax and appropriate the same.
The report was agreed to : the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives;
A bill to amend an act incorporating the city of Dalton.
The report was disagreed to ; the bill was read the third
time and lost.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to designate the place of holding sales by Sheriffs,
Coroners, Executors, Administrators, &c., in the county of
Muscogee.
The report was agreed to; the bill was read the third
time and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to extend the provisions of an act entitled an act
to regulate the collecting of Jury fees in the Superior and
Inferior Courts of Coweta, Floyd and Cass counties, ap-
224
JOURNAL OF THE SENATE,
proved February 18, 1S56, so as to include the county of
Whitfield in the provisions of said act, and to add an addi¬
tional section to pruvide for the collection of the same. ^
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to allow slaves and free persons of color who may
leave this State to return to Georgia.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to provide for the payment by the State of Geor¬
gia of the war tax levied by the Congress of the Confederate
States, approved August 19, 1S61.
The report was agreed to, the bill was read the third time
and passed.
The Senate took 'up as the report of the committee ofthe
whole the following bill from the House of Representatives:
A bill to alter the sixth section of an act to amend the
Patrol laws of this State, approved February 20th, 1S54.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to amend an act to consolidate the offices of Re¬
ceiver and Collector of Tax Returns in the counties of Tat-
nall, Lumpkin, and other counties, so far as relates to the
county of Gilmer.
This bill on motion was laid upon the table for the pres¬
ent.
The Senate took up as the report of the committee of the
whole the following bill from the House of Representatives:
A bill to incorporate the Direct Tracing Company of
Georgia, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
^ Tne following resolution from the House of Representa¬
tives was taken up, read and concurred in :
Whereas, Rev. C. W. Thomas, formerly Chaplain in the
U. S. Navy, was the first to resign his position and tender
his resignation to the U. S. Government; And Whereas, he
has not been assigned any position in the service of the Con¬
federate States—
Therefore Resolved, That the General Assembly of the
State of Georgia do respectfully request the Congress of the
Confederate States, or the War Department, to provide for
saiuiojaI, DECEMBER 7th, 1861.
the said Rev. C. W. Thomas some position either in the ri¬
my or navy of the Confederate States correspondent to the
rank and position held by him in the navy of the United
States.
The following message was received from his Excellency
the Governor by Mr. Waters his Secretaryto-wit :
Mr. President:—The Governor has approved and signed
the following acts, to-wit:
An act to amend an act incorporating the North Western
Bank of Georgia.
An act for the relief of Gabriel Toombs.
An act to alter and amend the several acts incorporating
the city of Atlanta, in Fulton county, Georgia.
An act to be entitled an act to alter and fix the times for
holding the Superior Courts in the several counties compo¬
sing the Middle District, and for other purposes connected
therewith.
An act to direct and empower the Inferior Court of Sum¬
ter county, or a majority thereof, to levy, collect and dis¬
burse au extraordinary tax for the support of the indigent
families of such soldiers from Sumter county who are now,
or may hereafter be absent in the State or Confederate mili¬
tary service, and for other purposes connected therewith.
An act to confer certain powers and impose certain du¬
ties upon the Inferior Court of Tatuall county, and to pro¬
vide tor the collection by taxation of money to aid and as¬
sist the volunteer company or companies now raised, or to
be raised in said county, and to afford such aid to the fami¬
lies of the soldiers absent as be compatible with the resour¬
ces of the citizens of said county; which acts I am directed
to return to this branch of the General Assembly in which
they originated.
On motion of Mr. Lewis, the concurrence of the Senate in
the resolution of the House appointing a joint committee to
examine into the business ot the General Assembly with a
view to an early adjournment, was ordered to be transmit¬
ted forthwith to the House of Representatives.
The rule being suspended the following bills from the
House of Representatives were severally read the first time:
A bill to prevent any person or persons from felling in
timbers or otherwise obstructing the current of the Taccoah
river in the county of Fannin, and to punish offenders for
the same.
Also, a bill to authorize the Justices of the Inferior Court
of Catoosa county to stop up a ford across Chickamauga,
Creek, and to change the road in said county, and for other
purposes.
Also, a bill to amend the Certiorari laws of this State.
Also, a bill to repeal so much of an act assented to De-
15
226 JOURNAL OF THE SENATE,
cember 15th, 1859, as includes the North half of lot of land
No. 10, in the 27th district of Sumter county, in the county
of Schley.
Also, a bill to incorporate Warehouse, Insurance and De¬
posit Companies in the cities of Americus and Albany.
Also, a bill for the relief of William E. West, of the coun¬
ty of Polk.
Also, a bill to authorize the Justices of the Inferior Court
of Coweta county from time to time to levy and collect such
taxes in said county as is hereinafter provided, for the pur¬
poses hereinafter provided, and -for no other purposes what¬
ever ; which shall be known and designated as a tax for
supporting the indigent families of soldiers who have or may
hereafter go into the actual service of the country, and also
for the support of such indigent soldiers who have or may
hereafter return home from such service either in a crippled
■or disabled condition.
Also, a bill to provide for the election of County Treas¬
urer for Ware county, and for other purposes.
JUDICIARY REPORTS.
Mr. Yason, Chairman pro ftm, of the Judiciary Committee
made the following report:
A bill to prevent during the existing warmonouolies, ex¬
tortions and speculations in breadstufis and other articles of
general use and consumption and to make such acts crimi¬
nal, and to provide penalties for the same.
Having had the same under consideration report the same
back to the Senate and recommend that the Senate disagree
to the House amendment.
Mr. Vason, chairman pro tern of the Judiciary Committee,
made the following report:
A bill to legalize the proceedings of the southern stock¬
holders of the Brunswick & Florida Railroad Compan}', to
change the name of said Company, and to amend the act of
incorporation, to extend the charter thereof, and to facili¬
tate the building thereof.
Having had the same under consideration report the same
back to the Senate with amendments, and recommend it do
pass.
Also, a bill to authorize Owen C. Pope, a minor, of the
.county of Washington, to probate and quality as Executor
»ot the last will and testament of Owen C. Pope, senior; re¬
port the same back to the Senate and recommend it do not
pass.
On motion the Senate took up the joint resolution rela¬
ting to the boundary line between the States of Georgia
and Florida returned from the House of Representatives
with the following amendment, in which the Senate concur-
. red:
saturday, uiluijmijlii 7th, 1sg1. 227
The House amended said resolutions by adding the fol¬
lowing to the last resolution : " or upon such other terms
as will include within the limits of Georgia the lots and frac¬
tional lots of laud disposed of by the authorities of the State
of Georgia."
On motion the Senate took up and concurred in the fol¬
lowing resolution from the House of Representatives:
Resolved, That the Comptroller General is hereby direct¬
ed to issue such instructions to Tax Collectors throughout
Georgia as will prevent all further proceedings for the sale
of lands heretofore held by persons now alien enemies until
after this General Assembly shall have taken further action
on the subject.
On motion the Senate took up and concurred in the fol¬
lowing resolution from the House of Representatives :
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met, That it is the sense of
this General Assembly that the separation of those States
now forming the Confederate States of America from the
United States is, and ought to be final and irrevocable; and
that Georgia will under no circumstances entertain any
proposition from any quarter which may have for its object
a restoration or reconstruction of the late Union, on any
terms or conditions whatever.
Resolved, That the war which the United States are wag¬
ing upon the Confederate States should be met on our part
with the utmost vigor and energy until our independence
and nationality are unconditionally acknowledged by the
United States.
Resolved, That Georgia pledges herself to her sister States
of the Confederacy that she will stand by them throughout
the struggle; she will contribute all the means which her
resources will supply, so far as the same may be necessary
to the support of the common cause, and will not consent to
lay down our arms until peace is established on the basis
of the foregoing resolutions.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole,
A bill to legalize the proceedings of the southern stock¬
holders of the Brunswick & Florida Railroad company, to
change the name of said company, and to amend the act of
incorporation to extend the charter thereof, and to facilitate
the building thereof.
The Judiciary Committee to whom this bilj was referred
reported the same back with an amendment, striking out
the whole of the fifth section of said act, and recommended,
that said bill as amended do pass.
Mr. Bell offered the following amendment: _
Add before the proviso the following proviso : Provided,
228
JOURNAL OF THE SENATE,
. that this act shall not be applicable to any land which may
have been bona fide transferred to any person other than an
alien enemy prior to the declaration of war.
On motion of Mr. Seward said bill was re-committed to
the Committee on the Judiciary.
The rule being suspended Mr, Mitchell offered the follow¬
ing resolution, which on motion was referred to the Com¬
mittee on the Military:
Resolved by the General Assembly of the State of Georgia,
That our Senators and Representatives in the Congress of
the Confederate States, be instructed and requested to use
their best efforts to have a law passed by the Confederate
Congress to raise the compensation of the private soldiers
from eleven to fifteen dollar^ per month, that a copy of this
resolution be forwarded to each of said Senators and Repre¬
sentatives.
On motion the Senate adjourned to 3J o'clock, P. M.
3j o'clock, p. m.
The Senate met according to adjournment.
Mr. Boyd, the rule being suspended, offered, the following
resolution :
Resolved^ That the regular hour of convening the Senate
hereafter shall be 9 o'clock, A. M.
Mr. Gordon moved to amend by inserting o'clock,
which was agreed tcf.
The resolution as amended was lost.
The Senate took up as the report of the committee of the
whole,
A bill to authorize Owen C. Pope, a minor, of the county
of Washington, to probate and qualify as Executor of the
last will and testament of Owen C. Pope, senior.
The Judiciary Committee to whom the bill was referred
reported adversely to its passage.
The report was agreed to, and the bill was lost.
The Senate took up as the report of the committee of the
whole, «
A bill to prevent during the existing war, monopolies, ex¬
tortion and speculation in breadstuff's, and other articles of
general use and consumption, and to make such acts crimi¬
nal, and to provide penalties for the same.
The Judiciary Committee to whom the bill was referred,
together with an amendment from the House of Represen¬
tatives, reported against the concurrence of the Senate m
the amendment from the House.
MONDAY, DECEMBER 9th, 1861.
229
Which report was agreed to, and the Senate refused to
concur in the House amendment, and the action of the Sen¬
ate ordered to be transmitted immediately to the House of
Representatives.
The Senate took up the resolution of Mr. Bell, declaring
all the Judicial offices of the State vacated by the adoption
of the new Constitution, and recommending the Executive
to make appointments accordingly.
After discussion the resolution was made the special or¬
der for Monday 12 o'clock.
The Senate then adjourned till 10 o'clock, Monday morn¬
ing.
MONDAY, DECEMBER 9th, 1861, >
10 o'clock, a. m. 5
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Mosely.
On motion, leave of absence was granted to Mr. Stafford,
after Friday next, on special business.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled, signed by the Speaker of the House
of Representatives, and ready for the signature of the Pres¬
ident of the Senate—
An act to authorize and require the Treasurer of the
State to make an advance to the State Printer.
An act to give the several Justices' Courts of this State
jurisdiction in cases sounding in damages, in certain cases.
On motion, leave of absence was granted Mr. Thomas
Hilliard from Saturday, 7th, for indisposition.
On motion, leave of absence was granted to Mr. Fort,
after to-day, for the balance of the session, on account of
disturbances on the coast.
The following bills from the House of Representatives
were severally read, the second time:
A bill to repeal so much of an act assented to December
15th, 1859, as includes the north half of lot of land No. 10,
in the 27th district of Sumter county in the county of
Schley.
Also, a bill for the relief of Wm. E. West, of the county
kof Polk.
Also, a bill to incorporate the Ware House Insurance &
Deposit Companies in the cities of Americus and Albany.
Also, a bill to authorize the Justices of the Inferior Court
of Uatoosa county to stop up a ford across Chickamauga
230 JOURNAL OF THE SENATE,
Creek, and to change the road in said county, and for other
purposes, which was referred to the Judiciary Committee.
Also, a bill to authorize the Inferior Court of Coweta
county to levy an extra tax, &c.
Also, a bill to amend the Certiorari laws of this State.
Also, a bill to prevent any person or persons from fell¬
ing in timbers or otherwise obstructing the current of To-
coah River, in the county of Fannin, and to punish offenders
tor the same.
Also, a bill to provide for the public defence, and for
other purposes ; which was referred to the Military Com¬
mittee.
Also, a bill to provide for the election of County Treas¬
urer for Ware county, and for other purposes.
The Senate took up as the report of the committee of
the whole, the following bill from the House of Represen¬
tatives :
A bill to repeal the 14th section of an act entitled an
act to incorporate the town of Valdosta in the county of
v Lowndes, and for other purposes therein mentioned.
Mr. Gibson offered the following amendment, which was
agreed to:
Sec. The General Assembly do further enact, That Por¬
ter Fleming, Hamilton H. Hickman, Sidney C. Warren,
J. Samuel Wilcox, Jesse A. Ansley, William A. Walton,
and Joseph B. Cumming, and their successors in office, be,
and they are hereby made a body corporate and politic, by
the name and style of the Summerville Academy, with
power and authority, by said corporate name, under a com¬
mon seal or otherwise, to purchase, lease, or otherwise ac¬
quire, and hold for educational purposes, all kinds of pro¬
perty, real and personal, to make all needful by-laws, rales,
and regulations for the government 6f said Academ)T, not
repugnant to the Constitution of this State, or of the Con¬
federate States—contract and be contracted with, sue and
bet sued, plead and be impleaded in the several courts of
law and equity in this State; and to exercise such other
rights, powers, and emmunities and privileges as may be
consistent wTith the objects of education.
Sec. The General Assembly do further enact, That the
persons named in the foregoing section of this act be, and
and they are hereby constituted the Trustees of said Acad¬
emy, with power as such, to do and perform every act that
may be expedient or necessary in controlling and superin¬
tending its interests under such rules and regulations as
they or a majority of them may prescribe, and in like man¬
ner fill any vacancy that may occur in their Board of Trus¬
tees by death, resignation, or otherwise.
MONDAY, DECEMBER 9th, 18G1. 231
The report as amended was agreed to ; the bill was read
le third time and passed, and ordered to be transmitted to-
lie House forthwith.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: — The House of Representatives has-
>assed the following bill, to-wit:
A bill entitled an act to incorporate the village of Sum-
nerville in the county of Richmond, to provide for the el¬
ation of commissioners for the same, to prescribe their
powers and duties, and for other purposes.
The following bill from the House of Representatives was
read the first time :
A bill to incorporate the village of Summerville in the
county of Richmond, to provide for the election of commis¬
sioners for the same, to prescribe their powers and duties,
smd for other purposes.
Mr.*Jackson offered the following resolution, which was
read and agreed to:
Resolved, That as there are matiy census takers who per¬
formed the duties of their office of census taker for their re¬
spective counties, in taking the census for the old United
States, before the separation, of the State of Georgia from
the old Union ; and
Whereas, on account of the withdrawal of the State from
the old Union, the authorities of the old United States has
Refused to pay them for the services rendered in taking the
census of this State, be it
Resolved, That we do most respectfully call the atten¬
tion of our members in Congress at Richmond, Virginia, to
take into consideration and make provision for the payment
of such as have not received their compensation for such
services rendered.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington:
Mr. President:—I am instructed by the House of Rep¬
resentatives to inforfh the Senate that they have passed the
following bills, to-wit:
A bill entitled an act to repeal an act entitled an act to
authorize the Inferior Court of Ware county to assess an
extra tax for the purpose of building a Court House in said
county, and for other purposes.
Also, a bill to be entitled an act to incorporate the Plan¬
ters Insurance Trust & Loan Company, and to confer cer¬
tain powers and privileges thereon.
232
JOURNAL OF THE SENATE,
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President:— The House of Representatives has pass¬
ed the following bill of the Senate, to-wit:
A bill to be entitled an act to provide for the relief of
the people of Georgia from pecuniary embarrassments oc¬
casioned by the pending war.
The rule being suspended, the Senate took up the reso¬
lution respecting the tenure of the office of the several
•Judges of this State.
On the question of adopting said resolution, the yeas and
nays were recorded, and were yeas 15, nays 21.
These who voted m the affirmative were :
Messrs. Bell, Boyd, Fletcher, Fort, Gaston, Gibson, Grif¬
fin, Lane, McKae, Mosely, Seward, Simmons, Stephens,
Swearingen, Ware,
Those who voted in the negative were :
Messrs. Alexander, Beasley, Bothwell, Brown, Dyer,
Echols, Furlow, Gordon, Hansell, Harris, Hill, Jas. Hil-
liard, Jackson, Jamison, Kendall, Killen, Lewis, Mitchell,
Stafford, Yason, Winn.
Yeas 15 ; nays 21. So the motion to agree to said reso¬
lution was lost.
The rule being suspended, on motion the following bill
from the House of Representatives was taken up, and read
the first time:
A bill to provide for the relief of the people of Georgia
from pecuniary embarassment, occasioned by the pending
war.
The rule being suspended, the Senate took up the reso¬
lution respecting the increase of the pay of private soldiers
from 11 to 15 dollars per month.
The Committee on the Military, to whom said resolution
was referred, reported the same back to the Senate, with a
recommendation that it be adopted.
In accordance witft said recommendation said resolution
was adopted.
On motion the Senate adjourned till half-past three
o'clock P. M. r
MONDAY, DECEMBER 9th, 1861. 233
Aftekxoon Session, Three O'clock, P. M.
The Senate met according to adjournment.
The following bills from tlie House of Representatives
were taken up, and severally read the first time:
A bill to incorporate the Planters' Insurance Trust and
Loan Company.
Also, api act to repeal an act entitled an act to author¬
ize the Inferior Court of Ware county to assess an extra
tax for the purpose of building a Court House in said coun¬
ty, and for other purposes.
The Senate took up as the report of the committee of the
whole, the following bill from the House of Representa¬
tives :
A bill to amend an act to consolidate the offices of Re¬
ceiver and Collector of Tax returns in the counties of Lump¬
kin, Tatnall, and other counties, so far as relates to the
county of Gilmer.
On motion this bill was laid upon the table for the bal¬
ance of the session.
The rule being suspended, Mr, Jackson offered the fol¬
lowing resolution, which was taken up, read, and laid over
until 'to-morrow, to-wit:
Whereas, By taking up the unfinished business of this
session at the commencement of the next, there will be a
great saving of labor to the members and of Tcnoney to the
State, therefore,
Resolved, by the General Assembly of Georgia, That the
rules of the Senate and House of Representatives be so
amended as to make the unfinished business of this session
the regular order of the next, and that the bills and resolu¬
tions not acted on during this session, shall be taken up at
the commencement of the next session and acted, on in
their regular order as they stand upon the calander.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have con¬
curred in the amendment of the Senate to a bill to be en¬
titled an act to consolidate the offices of Clerks of the In¬
ferior and Superior Courts of the counties of Fayette, Sum¬
ter, Chattahoochee, Terrell, .Newton, Merriwether, Frank¬
lin, and Plabersham.
The rule being susp* nded, Mr. Hansell offered the fol¬
low ng resolution, which was adopted :
Resolved, by the Senate and House of Representatives, That
his Excellency the Governor be, and he is hereby request-
234 JOURNAL OF THE SENATE,
ed to have the warrants of the President of the Senate and
Speaker of the House of Representatives for the payment of
the members and officers of the General Assembly printed
as an appendix to the Journals of this session.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled, signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate,
An act to consolidate the offices of Ordinary and Clerk
of the Inferior Court of the county of Gilmer.
An act to incorporate the Direct Trading Company
of Georgia, and for other purposes.
An act to extend the provisions of an act entitled an act
to regulate the collection of Jury fees in the Superior and
Inferior Courts in the counties of Floyd, Coweta, and Cass,
approved February 18th, 1856, so as to include the county
of Whitfield, and to add another section to provide for the
collection of the same.
An act to alter the sixth section of an act to amend the
patrol laws of this State, approved February 20th, 1854.
An act to designate the place of holding sales by Sher¬
iffs, Coroners, Executors, Administrators, &c., in the county
of Muscogee.
An act to allow all slaves and free persons of color who
may leave this State in the service of any person, or con¬
nected with the military service, to return to the State of
Georgia.
An act to extend the titne for the payment1 of taxes for
the year 1861.
An act to provide ior the payment by the State of Geor¬
gia of the war tax levied by the Congress of the Confeder¬
ate States, approved of August 19th, 1S61.
An act; to legalize certain acts of the Inferior Court of
the couuty of Butts for the present year, and make the
same valid.
Also, the following resolutions:
A resolution in relation to appointing C* W. Thomas
chaplain in the army.
Also, resolutions to the Comptroller General.
Also, a resolution declaring Georgia's unalterable inten¬
tion to prosecute the present war to a successful termina¬
tion.
Mr. Bell offered the following resolution :
Resolved, That the Senate will adjourn sine die on Satur¬
day next, 14th of December.
Mr. Mosely offered the following amendment, which was
lost:
TUESDAY, DECEMBER 10th, 1861. 235
Strike out the words "sine die," and insert in lieu thereof,
''the first Wednesday in November next."
On motion ofJMr. Vason said resolution was laid upon
the table for the present.
On motion the Senate then adjourned until 10 o'clock
to-morrow morning.
TUESDAY, DECEMBER IOtii, 1861. )
10 o'clock a. m. >
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Adams.
On motion, leave of absence was graiited to Mr. Anthony
and Mr. McRae for indisposition.
The Senate took up. severally, as the report of the com¬
mittee of the whole, the following bills from the House of
Representatives :
A bill to incorporate Ware House Insurance & Deposit
Company, in the city of Americus and Albany.
The report was agreed to ; the bill was read the third
time and passed.
A bill to authorize the Inferior Court of Coweta county
to levy an extra tax, &c.
The report was agreed to; the bill was read the third time
and passed.
A bill to provide fojr the election of county Treasurer for
the county of Ware, and for other purposes.
The report was agreed to ; the bill was read the third
time and passed.
A bill to amend the Certiorari laws of this State.
The report was agreed to ; the bill was read the third
time and passed.
A bill for the relief William C. West of the county of
Polk.
On motion this Bill was referred to the committee on the
Judiciary.
A bill to prevent any person or persons from felling in
timber, or otherwise obstructing the current of Taccoah
River, in the county of Fannin, and to punish offenders for
the same.
The report was agreed to; the bill was read the third
time and passed.
A bill to repeal so much of an act, assented to December
15th, 1S59, as includes the North half of lot of land No. 10,
in the 27th district bumter county, in the county of Schley.
236
JOURNAL OF THE SENATE,
The report was agreed to : the bill was read the third
time and passed.
On motion of Mr. Jackson, all bills passed by the Senate
are ordered to be transmitted forthwith to the House of
Representatives.
Mr. Killen, chairman of the committee on the Military,
made the following report :
Mr. President:—The committee on the Military, to whom
was referred a bill passed by the House of Representatives,
to be entitled an act to provide lor the public defence, and
for other purposes ; have had the same under consideration,
together with two messages from his Excellency Governor
Brown, one accompanied by certain resolutions, purporting
to have been adopted at a. meeting of the officers of Col.E.
W. Chastain's Regiment of State volunteers, all relating to
the objects and nature of said bill, and which were likewise
referred to said committee, and direct me to report said bill
back to the Senate with a substitute in the nature of an
amendment, to be entitled an act to appropriate money to
the support of the military defence of the State for the year
1862, and for other purposes—recommend that the substi¬
tute, in lieu of the original, do pass.
Mr. Vason, of said committee, made the following minor¬
ity report:
The undersigned begs leave to present a minorty report
and submit a few reasons for not beinar able to concur in the
recommendation of the majority.
Upon a careful analysis of the bill of the House of Rep¬
resentatives and the substitute therefor recommended by the
majority, it will be seen that the only material difference
between them, is the stipulation of the House bill, requir¬
ing the Governor to tender our troops to the President for
the Confederate service, for local defence, and on such terms
as is provided for or may be provided for by the Confeder¬
ate Congress.
This bill does toot contemplate (as some suppose,) to in¬
terfere with the terms of engagement made by the troops
with the State at the time they entered into the service.—
They will, if received into the Confederate service, be re¬
tained on the coast, in defence of the property of their own
people, and cannot be removed out of the limits of this
State. Their time cannot be extended beyond the period
for which they tendered, and were received. The officers
of their own selection will be retained in command of their
companies, battalions and regiments ; and, indeed, the only
change which will take place, will be that their General
officers for whom they have not been allowed to vote, but
were chosen and selected for them in compliance with the
TUESDAY, DECEMBER 10th, 1861.
237
law, may be displaced, or retained, as the President may
determine, and they will receive their pay and rations from
the Confederate, instead of from the State Treasury. They
will be under the command of the President as Commander-
in-chief of tfye Confederate States, and not exclusively un¬
der the command of the Governor of Georgia as the com¬
mander of the militia ; now they are part and parcel of the
militia, organized under the act of 18(30, called out to repel
invasion—then they will be a part of the great army of
this young, but great nation, whose gallant sons on the bat¬
tle-field have proved themselves to be worthy of the associa¬
tion of the heroes of any age.
It is apprehended that our troops may complain of the
change ; that, as they have engaged to serve the State, they
would be unwilling to be transferred to the Confederate ser¬
vice. This apprehension is unfounded. I know the mate¬
rial of which this army is composed. They did not leave
their homes and the sweet society of loved ones there, for
the purpose of contributing to the elevation of any man or
set of men. Theirs was a higher, a more noble ambition—
it was to serve a country that they loved, whose land was
t ireatened with danger by an invading foe. It is not cer¬
tain but that they may be under the command of the same
distinguished Generals to whom they now feel so much at¬
tached. The acts of Congress does not allow the President
to receive troops in brigades or divisions, but he is author¬
ized to take them organized in regiments with all their field
officers, and they will then, by his order, be formed into
regiments and divisions, for the command of which he will
appoint Generals, and in making these selections, he will not
fail to remember the names of these distinguished Generals,
whose promotion would give so much satisfaction to these
troops, as well as to the great body of the people of this
State. Whilst such a selection would be gratifying to us
all, yet we should not fail to remember, that the Constitu¬
tion and laws, pf our own making, have confided this mat¬
ter to the sound discretion of the president j to him has it
been confided, and the recent verdict of the people on re¬
taining him in office by a unanimous vote, has settled the
q lestion, that this power is in safe hands, he will do what
is right. But, it is suggested that many of these compa¬
nies do not contain the minimum number of privates as fixed
by the acts of the Confederate Congress. If his Excellen¬
cy, in the organization of these troops, then had it in con¬
templation to tender them tp the Confederate Government—
it is unfortunate that he did not so manage as to avoid this
obstacle. But it is apprehended that but little exertion
will be necessary to fill up the ranks with recruits, and thus
this difficulty can be obviated. This has been done; it may
be done again. The duty of defending the State of Geor-
233
JOURNAL OF THE SEJNAX.U,
gia is imposed "upon the Confederate Government. This
obligation she has not failed to discharge. She loves Geor¬
gia and will defend her. Troops are now being ordered to
our coasts from other States, and it is, therefore, unreasona¬
ble to suppose that our troops will be rejected if tendered
as proposed in the House bill. The Constitution has wise¬
ly delegated the war making and war waging power to the
Confederate Government. It is true, that the States have
reserved the power not to "make war," but to "repel inva¬
sion," or" engage in war when such inimminentdanger of inva¬
sion as will not admit of delay." The State can make her
defence, for herself, only temporarily. As soon as the Con¬
federate Government can come to her relief, it is her duty
to do it, and her power is plenary ; for the Constitution
delegates to Congress the power "to provide for the calling
forth the militia to execute the laws, suppress insurrection,
and repel invasion." This power is not divided, except as
thus stated. There must be a head in all Governments, or
there will be no concert, no harmony. There cannot be
two armies in the same field without one common head ;
one or the other must yield or there must be a conflict.
It is doubtful whether a State can raise and support an
army. This power is delegated to Congress, and the States
are inhibited from "keeping troops or ships of War" in
time of peace. She may in time of war, "not raise and
support an army," but keep troops for the purpose of ena¬
bling her to repel an invasion, or to be prepared to respond
to a requisition from the Confederate Government. These
troops, she may keep as auxiliary to, but not independent of,
the Confederate Government.
But, the House bill does not concede this much to
the Confederate Government; it authorizes the Governor
to keep and maintain this army for the defence of the State,
and gives him five millions of dollars for that purpose, even
though the Confederate Government should decline to re¬
ceive them. It does not propose to leave Georgia undefen¬
ded, under any circumstances. It only proposes that we
shall call on the Confederate Government to discharge its
duty to Georgia, by adopting these troops, and supporting
them out of the Confederate Treasury, and in the event that
she is unable or unwilling so to do, the means are abund-
antly provided out of the State Treasury. Should she re¬
fuse so to do, the outlay of five millions of the money of our
people, which we will then expend, will be a high and sa¬
cred debt, which would be paid by the Confederate Govern¬
ment. Should we expend these five millions of money with¬
out making a tender, we could have no guaranty that this
money would ever be refunded. She could reply in answer
to such a claim that she had the money and means to make
this defence for us, and this outlay was made without her
TUESDAY, LEUEaluER ICTH, 1861.
239
approval or consent. A little caution and prudence, now
observed, may save us from years of angry feeling and strife
with our Government.
The substitute of the committee is thus wanting in pru¬
dence and caution—evinces a want of attachment for, and
confidence in, the faithtulness and integrity of the Con¬
federate Government, and assumes that she has proven
derelect and forgetful of her obligation ; all serious and
grave charges, and not justified by any action of that Gov¬
ernment, or any of its officers.
Our people are liberal as well as brave. They are williing
in these hard times to sanction the appropriation of "mil¬
lions for defence but the representative before he casts
his vote for such sums of his peoples' money, ought to be
prepared to show them that "it was needful to be done." I
do not propose that we should falter one moment in our
purpose to afford adequate protection to the property and
lives of our citizens or to stop to count the costs, when the
enemy are thundering at our gates; but the House bill pro¬
poses to place at the control of the Executive, one and one-
half millions more of the peoples' money than he has called
for in his message. It only observes the wise and prudent
counsels set forth in the resolution of the Senate, adopted
after due consideration and transmitted to the House for their
concurrence. I have seen no good reason to change my
opinoins formed and expressed when I voted for these res¬
olutions. Subsequent reflection and developments which
have occurred, have Only confirmed me that their resolve
were the result of wise counsels, and I urge the Seriate to
maintain them with becoming firmness.
For reasons satisfactory to myself, some of which are
thus indicated, I have not been able to concur in the report
of the majority, as I should have taken pleasure in doing,
did my sense of public duty justify. I do, therefore, re¬
commend the adoption of the House bill by the Senate,
Which is respectfully submitted.
(Signed) D. A. VASON.
On motion of Mr. Seward, the Senate took up as the re¬
port of the committee of the whole, the bill mentioned in
the report of the committee on the military.
Mr. Bell moved to adopt the minority report of Mr. Va-
son in lieu of the majority report, which motion was not
agreed to.
On motion, the amendment reported by the committee on
the military, as an amendment in the nature of a substi¬
tute for the original bill, was agreed to.
Mr. Lewis moved to amend by substituting the following
bill in lieu of the bill reported by the committee on the
Military, to-wit:
240
JOURNAL OF THE SENATE,
A bill to be entitled an act to raiee funds and provide for
public defence, and for otlier purposes which motion was
lost.
Mr. Hansell offered the following amendment, which was
lost :
After the word "Treasurer," insert, or such other person
or persons as the Governor may appoint thereto, whose ap¬
pointment shall be published in various newspapers through¬
out the State.
Mr. Vason offered the following amendment, which was
lost:
That before any of the Treasury Notes or Bonds shall be
issued under the bill, the Governor shall place all the troops
in the field under the command of the President of the Con¬
federate States for the defence of Georgia.
The report was agreed to.
On the passage of the bill, the yeas and nays were requir¬
ed to be recorded, and were yeas 30, nays 3.
Those who voted in the affirmative were—
Messrs. Beasley, Bell, Bothwell, Boyd, Brown, Dyer,
Echols, Fletcher, Furlow, Gaston, Gibson, Gordon, Grif¬
fin, Hansell, Harris, Hill, James Hilliard, Jackson, Jami¬
son, Kendall, Killen, Lane, Lewis, Mosely, Seward, Sim¬
mons, Stafford, Stephens, Ware, Winn.
Those who voted in the negative are—
Messrs. Alexander, Mitchell, Vason.
Yeas 30; nays 3. So the bill was passed.
The following message was received from the House of
Representatives by Mr. Carrington, then* Clerk :
Mr. President: The House of Representatives have con¬
curred in the amendments of the Senate to a bill to be en¬
titled an act to repeal the fourteenth section of an act'enti¬
tled an act to incorporate the town of Valdostain the coun¬
ty of Lowndes, and for other purposes therein mentioned.
The House of Representatives have, also, concurred in
the amendment of the Senate to a bill to be entitled an act
to aid The Georgia Relief & Hospital Association, and to
appropriate money therefor.
A bill to be entitled an act to prevent during the existing
war, monopolies and speculations in breadstuffs and other
articles of general use and consumption.
Except the amendment which reads as follows, to-wit:
That the one hundred thousand dollars of the nett earn¬
ings of Western & Atlantic Railroad, which were appro-
TUESDAY, DECEMBER 10th, 1SG1. 241
priated to the purposes of education, by the first section of
ail act, asseuted to Dec.. 11,'5b, and eutitled an act to provide
for the education of the children of this State, between cer¬
tain ages, and to provide an annual sinking fund for the
extinguishment of the public debt, be and the sauie is here¬
by set apart- and appropriated for the purpose of meetinir
one-half the demand incurred by the provisions of this act,
any law to the contrary notwithstanding;" and they re¬
spectfully request the Senate to recede from said amend¬
ment.
The House of Representatives refuse to recede from their
amendment to the following bill of the Senate, to-wit:
The House of Representatives have also passed the fol¬
lowing bills to-wit :
A bill to be entitled an act to authorize the manufacture
and purchase of arms for the public defence, and to appro¬
priate money for the same.
Also, a bill to appropriate extra compensation to John IL
Seals for the publication of the Code ot' Georgia.
Also, a bill, of the Senate, to be entitled an act for the
relief of Andrew M. Hamilton of the county of Whitfield,
from the payment of a certain judgment and forfeiture ren¬
dered against him.
Also, a bill to be entitled an act to appropriate mo^ey
for the State Lunatic Asylum for the year 1SG2, and for
other purposes.
The House of Representatives have also concurred in the
amendments of the Senate, to a bill to be entitled an act to
amend the several acts relating to the Savannah Railroad
Company, and the Savannah Albany and Grulf Railroad Com¬
pany, and to authorize said Company to extend its track to
Tybee Island.
Before the Senate had acted on the bill to provide for the
public defence, Mr. Moseley submitted, by leave of the Sen¬
ate, the action of a public meeting of the citizens of Griffin,
and Spaulding county generally, protesting against the ten¬
der of troops as proposed by said bill, which was read.
The rule being suspended, on motion, the following reso¬
lution from the House of Representatives was taken up,
read and concurred in :
Resolved., That the General Assembly do adjourn shic d'iey .
on Saturday the 14th inst., and ordered to be transmited to -
the House forthwith.
Mr. Dyer, Chairman of the committee on enrollment, „
reports as duly enrolled, signed by the Speaker of the House-
of Representatives, and ready for the signature of the Presi¬
dent of the Sentate,
An act to consolidate the offices of Clerks of the Supe¬
rior and Inferior Courts of the counties of Fayette, Sum-
16 -
242
JOURNAL OF THE SENATE,
ter, Cliattaehoochee, Terrell, Newton, Merriwether, Frank¬
lin, Habersham and Johnson.
Also, reports as duly enrolled and ready for the signature
of the President of the Senate, Resolutions relating to th6
boundary line of Georgia and Florida.
The following message was received from the House of
Representatives, by their Clerk, yro tan., Mr. Estes :
Mr. President,:—I am instructed by the House of Rep¬
resentatives to inform the Senate that they have passed the
following bills, to-wit :
A bill to be entitled an act to compel non-residents to pay
tax on cattle and sheep in the county of Colquitt.
Also, a bill to be entitled an act to authorize B. P. Key,
of the county of Jasper, his heirs and assigns, to extend
and keep up a dam across the Ocmulgee River.
Also, a bill to be entitled an act to appropriate money to
pay certain debts contracted on the faith of the State for
the State Lunatic Asylum for the year 1861.
Also, a bill to be entitled an act to abolish the office of
country Treasurer of Stewart county, and for other purpo¬
ses.
The House has also adopted a resolution looking to ad¬
journment, sine die, on Saturday the 14th inst.
The rule being suspended, the Senate took the follow¬
ing bill from the House of Representatives, with a message
announcing the determination of the House not to concur
in a Senate amendment, to-wit:
A bill to aid the Georgia Relief and Hospital Association,
and to appropriate money therefor.
On motion, the Senate receded from its amendment, and
ordered said bill to be transmitted to the House forthwith.
The following message was received from the House of
Representatives, by Mr. Estes their Clerk, jriro tan. :
Mr. President:—The House of Representatives have pass¬
ed the following bills, to-wit:
A bill to be entitled an act to provide for the appoint¬
ment of a Compiler of the public laws.
Also, a bill to be entitled an act to authorize the Inferior
Court of the county of Coffee, to have said county laid off
in School districts, and the Ordinary of said county herein
directed to proportion out the school fund in pro rata to each
-district.
Also, a bill to be entitled an act to amend the Military
daws of this State.
Also, a bill to provide for raising a revenue for the politi¬
cal year 1.SG2, and to appropriate money for the support of
the Government during said year, and to make certain spe¬
cial appropriations, and for other purposes therein named.
Also, a bill to amend the Tax laws of this State.
TUESDAY, DECEMBER 10th, 1SG1.
243
The following bills from the House of Representatives
were severally read the second time :
A bill to provide for the Relief of the people of Georgia
from the pecuniary embarrassments occasioned by the pend¬
ing war.
A bill to incorporate the Planters' Insurance Trust and
Loan Company.
A bill to incorporate the village of Summerville in the
county of Richmond, to provide for the election of Commis¬
sioners for the same ; to prescribe their powers and duties,
and for other purposes.
A bill to repeal an act entitled an act to authorize the
Inferior Court of Ware couaty to assess an extra tax for the
purpose of building a Court House in said county, and for
other purposes.
The following message was received from the House of
Representatives by Mr. Estes, their Clerk, pro ton.:
Mr. President:—I am instructed by the House of Repre¬
sentatives to inform the Senate that they have refused to
concur in the Senate's amendment to a bill to be entitled an
act to provide for the public defence, and for other purpo¬
ses; and they respectfully ask the Senate to recede from
their amendment to the same.
The following bills from the House of Representatives
were severally read the first time :
A bill to provide for raising a revenue for the political
year eighteen hundred and sixty-two, and to appropriate
money for the support of the Government during said year,
and to make certain special appropriations, and for other
purposes therein named.
A bill to amend the Tax laws of this State.
A bill to authorize the manufacture and purchase of arms
for the public defence, and to appropriate money for the
same.
A bill to appropriate extra compensation to John II.
# Seals for the publication of the Code of Georgia.
A bill to abolish the office of county Treasurer of Stewart
•county, and for other purposes.
A bill to amend the Military laws of this State.
A bill to provide for the appointment of a Compiler of
the laws, &c.
A bill to authorize the Inferior Court of the county of
Coffee to have said county laid off in school districts, and
the Ordinary of said county herein directed to proportion
out the school fund in pro rata to each district.
A bill to appropriate money to the State Lunatic Asylum
for the year 18G2, and for other purposes.
A bill to compel non-residents to pay tax on cattle and
sheep in the county of Colquitt.
JOURNAL OF THE SENATE,
A bill to appropriate money to pay certain debts con¬
tracted on the faith of the State lor the State Lunatic Asy¬
lum for the year ISO I.
A bill to authorize B. P. Key, of the county of Jasper,
Ins heirs and assigns, to extend and keep up a dam across
the Ocmulgee river.
A bill to authorize James Pollard, Executor of the estate
of Britain C. Pollard, deceased, to pay to John T. Pollard,
one of the minor heirs ot Britaiu 0. Pollard, liis distributive
share of said estate, and to authorize D. M. McNiel to re¬
ceive and receipt for the same.
The rule being suspended the Senate took up the Message
of the House of Representatives as far as relates to
The bill to be entitled an act to prevent dining the exist¬
ing war, monopolies and speculations in breadstuff and oth¬
er articles of general use and consumption, for which the
House passed an amendment 111 the nature of a substitute,
in which tlie Senate refused to concur and the House refused
to recede; being under consideration the Senate passed the
following resolution :
Resolved by the Senate iJte House concurring, That a com¬
mittee of Conference of three from each House, be appoin¬
ted to report a bill as a substitute lor both bills, and they be
instructed to report at their earliest convenience.
On motion, the Senate adjourned till 3J oclock P. M.
Afternoon Session, o'clock p. m.
The Senate met according to adjournment,
The President appointed as the committee of Conference
between the Senate and House of Representatives on the
monopoly bill :
Messrs. Harris, Bell, and Yason, on the part of the Sen¬
ate.
On motion the Senate took up the message of the House
of Representatives, so far as relates to their refusal to con¬
cur in the Senate amendment to the bill to provide for the
public defence, and for other purposes.
On motion the Senate insisted on said amendment, and
ordered notice thereof to be communicated to the House
forthwith.
Mr. Dyer. Chairman of the committee on Enrollment, re¬
ports as duly enrolled and ready for the signature of the
President:
An act for the relief of Andrew M. Hamilton, of the
county of Whitfield, from the payment of a certain judg¬
ment and forfeiture rendered against him.
TUESDAY, DECEMBER 10th, 1SG1.
245
RFPORT OF THE JOINT COMMITTEE ON THE
LUNATIC ASYLUM.
The joint committee of the Senate and House of Repre¬
sentatives on the Lunatic Asylum beg leave to report as
follows :
They congratulate the General Assembly on the prosper¬
ous condition of this important Institution ; by which they
mean to say, that in all its departments and details, said
Asylum seems to be managed with remarkable system,
prudence and skill.
The receut improvements, as now completed, not only
impart a grand and imposing appearance to the entire struc¬
ture, but are admirably arranged for the proper classifica¬
tion and convenience of patients. Every contrivance of
art and skill, to insure comfort, promote economy, prevent
accidents and escapes,, recreate the mind, and effect mental
restovation, in all cases, seems to have been brought into
the most skillful requisition. The perfect cleanliness of
every lloor and room, as well as the kind and watchful at¬
tention of attendants everywhere exhibited, deserve un¬
qualified commendation.
It is the sentiment and conviction of every member of
your committee, that Georgia expended her funds wisely in
establishing this noble Institution for the unfortunate class
of her children for whom it was designated. Really, it
cannot be appreciated fully unless examined and inspected.
Your committee trust that the demand for its mainten¬
ance herein presented will command the approval of the
General Assembly.
For the last year $12,000 was appropriated for the pay¬
ment of the salaries of Trustees, Treasurer, subordinate of¬
ficers, and attendants, and for servants' hire. No more is
demanded for the present year, though this amount has
been fouud heretofore inadequate, and the number of pa¬
tients largely increased. In view of our political troubles,
the Superintendent is making every effort to accommodate
expenditures to the stringency of the times, and hence de¬
mands nothing additional in this report.
He does, however,'recommend an increase of the annual
appropriation for support of pauper patients as made last
year. In 1S61, there was an appropriation of $15,000,
which Was found inadequate to the support of pauper pa¬
tients for that year. The authorities of the Institution were
compelled to purchase the necessaries of life to the amount
of $6,76 4.54, which, being due and unpaid, the faith of the
State is bound therefor. This statement, we submit, is ar¬
gument sufficient for any Legislator. For other articles
only purchasable by cash, the State Treasurer, under or¬
der of the Governor, advanced the sum of $3,178.25, which
should be legalized, especially as it is proposed to refund
240
JOURNAL OF THE SENATE,
said amount out of the first available funds of said Institu¬
tion.
In conclusion, your Committee tender to Dr. Green, the
efficient and obliging Superintendent of the Asylum, their
thanks, for his uniform courtesy and lull explanations.—
His devotion to this Institution, in all its parts and inter¬
ests, is marked and proverbial. His zeal and energy in¬
duced the commencement of the recent improvements, and
they have progressed and been completed under his imme¬
diate supervision. As a matter of course, his labors and
responsibilities have been largely increased witii the mul¬
tiplication of details, and the large accession of patients in
the Asylum. The position of Superintendent requires a
high order of scientific and practical ability, a strict atten¬
tion to details, and a willingness to submit to all kinds of
annoyance and peril. In all these respects, we consider
the present incumbent peculiarly fitted, and would regret
any change, or attempt to change, his present salary.
J. B. KENDALL, Chairman Senate Committee.
L. H. BRISCOE, Chairman House Rep. Com.
The following message was received from the House of
Representatives by their Clerk, pro (cm, Mr. Estes :
Mr. President: I am directed by the House of Represen¬
tatives to inform the Senate that the House insists on its
disagreement to the Senate amendment to the bill to be
entitled an act to provide for the public defence, and for
other purposes, and have directed me to transmit the same
to the Senate.
.Mr. Seward, Chairman of the Judiciary Committee, made
the following report:
A bill to amend an act entitled an act to provide a more
easy and convenient mode of proving open accounts in Jus¬
tices' Courts, approved December 20th, 1S27.
Having had the same under consideration, report the
same back to the Senate, and recommend that it do not
pass.
Also, a bill to legalize the proceedings of the southern
stock-holders of the Brunswick & Florida Railroad Com¬
pany, to change the name of said company, and to amend the
act of incorporation, to extend the charter thereof, and to
facilitate the building thereof, report the same back to the
Senate, with amendments, and recommend that it do pass.
Also, a bill to fix the amount of the bond of the Tax Re¬
ceiver and Collector of the county of Richmond, and for other
purposes, report the same back to the Senate, with a ub-
stitue for the original bill, and recommend that the substi¬
tute do pass instead of the original bill.
Also, a bill to authorize the Justices of the Inferior Court
of Catoosa county to stop a ford across Clrickamauga Creek,
and to change the road in said cou-nty, and for other pur-
TUESDAY, DECEMBER 10th, 1SG1. 247
poses, report tlie same back to tlie Senate, and recommend
it do not pass.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole, severalty, the follow¬
ing bills:
A bill to amend an act entitled an act to provide a more
easy and convenient mode of proving open accounts in Jus¬
tices' Courts, approved December 20th, 1,827.
The Judiciary Committee to whom this bill was referred,
reported adversely to its passage.
The report was agreed to, and the bill was lost.
Also, a bill to legalize the proceedings of the Southern
stockholders of the Brunswick ct Florida Railroad Com¬
pany to change the name of said Company, and to amend
the act of incorporation, to extend the charter thereof, and
facilitate the building thereof.
The Judiciary Committee to whom this bill was re¬
ferred, reported the same back to the Senate, with the fol¬
lowing amendments, and recommended that so amended, the
bill do pass :
Strike out the wdiole of the 5th section, and insert in
lieu thereof:
Be it further enacted, That this road shall never be aban¬
doned or destroyed without the consent of a majority of
the individual Southern stockholders of said Company.
By adding before the proviso the following proviso :
jProvided, That this shall not be applicable to any bond
which may have been bona fide transferred to any person
other than an alien enemy prior to the declaration of war.
Both of said amendments were agreed to.
The report as amended was agreed to; the bill was read
the third time and passed.
Also, a bill to fix the amount of the bond of the Tax Re¬
ceiver and Collector of the county of Richmond, and for
other purposes.
The Judiciary Committee to whom this bdl was referred,
reported in favor of its passage.
The report was agreed to, the bill was read the third time
and passed.
Also, a bill to authorize the Justices of the Inferior Court
of Catoosa county to stop a ford across Chickamauga Creek,
and to change the road in said county, and lor other pur¬
poses.
The report was agreed to ; and the bill was lost.
The following message wras received from the House of
Representatives by Mr. Estes, their Clerk pro tern:
34 S
JOURNAL OF THE SENATE,
Mr. V resident: The House of Representatives have passed
the following bills, to-wit:
A bill to encourage the improvement of stock in tliis
State.
Also, a bill to be entitled an act to encourage the manu¬
facture of salt within the limits of the State of Georgia, and
for other jmrposes.
Also, a bill to change the time of holding the Superior
"Courts of the county of Putnam.
Also, a bill to give equal fishing privileges to all persons
owning or living on water courses.
The Senate, on motion, took "up the preamble and reso¬
lutions respecting the currency and the purchase of cotton.
The Committee on the state of the Republic reported ad¬
versely to said resolution.
The report was agreed to, and the resolution was not
agreed to.
Mr. Dyer, chairman of the Committee on Enrollment, re¬
ports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of the
President of the Senate :
A act to aid the Georgia Relief & Hospital Association,
and locate the same, and appropriate money thereior.
The rule being suspended, the Senate took up so much
of the message of the House of Representatives as relates
to the refusal of the House to concur in a Senate amend¬
ment to the bill to provide for the public defence, and for
other purposes, after the Senate had voted to insist upon
said amendment.
On motion the Senate adjourned till 7 o'clock, P. M.
7 o'clock, p. m.
The Senate mot according to adjournment, and resumed
the consideration of the unfinished business of the last ad¬
journment,
On the question of receding from the amendment, the
yeas and nays were recorded, and were yeas 12, nays IS.
Those who voted in the affirmative were—Messrs.:
Alexander, P>ell, Bothwell, Boyd, Dyer, James Hilliard,
Lane, Lewis, Simmons, Stephens, Swearengin, Vason.
Those who voted in the negative were—Messrs.:
JBeasely, Brown, Fletcher, Furlow, Gaston, Gibson, Gor-
TUESDAY, DECEMBER 10TH, 18G1. 249
don, Griffin, Ilansell, Harris, Hill, Jackson, Kendall, Killen,
Mosely, Seward, Ware, W inn.
Yeas 12, nays 18. So the Senate refused to recede.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk:
Mr. President: The House of Representatives have con¬
curred with the Senate in the appointment of a commit¬
tee of conference on the bill to be entitled an act to pre¬
vent, during the existing war, monopolies and speculations
in bread stuffs and other articles of general use and con¬
sumption, and have appointed on the part of the House—
Messrs. Moore, of Thomas, Lester, Love, Black, and
Hook.
Mr. Gordon offered the following resolution, which was
agreed to ;
Resolved, That the Senate adhere to its amendment, but
recommend that a committee of conference be appointed
and request the House to appoint a like committee.
Whereupon the President appointed the following com¬
mittee on the part of the Senate :
Messrs. Gordon, Seward, Yason, Lewis, Gibson, and or¬
dered the same to be transmitted forthwith to the House
of Representatives.
The following bills from the House of Representatives,
were taken up, and severally read the first time:
A bill to give equal fishing privileges to to all persons
owning or living on water courses.
A bill to encourage the improvement of stock in this
State.
A bill to encourage the manufacture of salt within the
limits of the State of Georgia, and for other purposes.
A bill to change the time of holding the Superior Courts
of the county of Putnam.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled and signed by the Speaker of the
House of Representatives,,and ready for the»signature of *
the President of the Senate—
*
An act to repeal so much of an act assented to December
• 15th, 1859, as includes the north half of lot of land No. 10,
in the 27th district of Sumter county in the county of
Schley.
An act to provide for the election of County Treasurer
for Ware county, and for other purposes.
An act to amend the Certiorari laws of this State. ^
250
JOURNAL OF THE SENATE,
An act to prevent any person or persons from felling in
timber or otherwise obstructing the current of the Taccoah
River, in the county of Fannin, and to punish offenders for
the same.
An act to incorporate Ware House, Insurance, and De¬
posit Companies in the cities of Americus and Albany.
An act to authorize the Savannah Albany & Gulf Rail¬
road Company to extend their track to Tybee Island, upon
certain conditions, and to authorize the Central Railroad &
Banking Company of Georgia to extend its track and to
transport freight and passengers over said line to Tybee Is¬
land.
Also, a resolution on adjournment.
On metion the Senate adjourned till 10 o'clock to-mor¬
row morning.
WEDNESDAY, DECEMBER 11th, 1SG1, )
10 o'clock, a. m. >
The Senate met according to adjournment, and was open¬
ed with prayer by the Rev. Mr. Mosely.
On motion of Mr. Gordon, the Senate Committee of Con¬
ference on
The bill to provide for the public defence, and for other
purposes, had leave of absence for the purpose of meeting
the House Committee on the same subject.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk, to-wit:
Mr. President:—The House of Representatives have pass¬
ed the following bills, which I am directed to transmit
fortliwith to the Senate, to-wit:
A bill to be entitled an act to authorize the Superinten¬
dent of the Western & Atlantic Railroad to issue ehange
bills, and for other purposes.
A bill to be entitled an act for the relief of Abner Hern,
of Miller county, and Wesley Shuffield, of Early county,
and to appropriate money for the same.
A bill to be entitled an act to regulate .the collection of
Jury fees in the Superior and Inferior < "ourts of the coun-'
ties Talbot, Chattahoochee, Putnam, Habersham, Polk,
Bibb, and Dougherty.
A bill to be entitled an act to prescribe the proof in cer¬
tain cases of open accounts in the several Courts of this
State.
WEDNESDAY, DECEMBER UTII, 1S61w 251
A bill to be entitled an act to incorporate the Confeder¬
ate Fire and Marine Insurance Company of Atlanta.
A bill to be entitled an act to authorize John W. Wyley
to draw the educational fund of Habersham county, and
pay the same to the Board of Education of said county,
A bill to be entitled an act to legalize tli? adjournment
of the Superior Courts of the counties of Habersham and
Banks.
A bill to be entitled an act to legalize the orders and
judgments of Ordinaries of this State, where the same may
be passed by them beyond the limits of the same.
A bill to be entitled an act to allow the commissioners
of Spring Place to issue retail license therein, and to pun¬
ish for a violation of this act.
A bill to prevent attorneys at law who fail to pay their
professional tax from practicing in the Courts of this State.
A bill to be entitled au act to prevent citizens of other
States from driving cattle or other stock into the counties
of Murray and Fanuin in the State of Georgia, for the pur¬
pose of grazing, and to punish for the same.
The following message was received from the House of
Representatives, by their Clerk pro tan., Mr. Estes :
Mr. P> *es'uhnt; I am directed by the House of Represen¬
tatives to inform the Senate that they have appointed the
following committee, viz : Messrs. Cabaniss, of Monroe, Les¬
ter, of Cobb, Hook, of Washington, Burk, of Carroll, Nor¬
wood, of Chatham, Briscoe, of Baldwin, and Schley, of
Richmond, to confer with a similar committee of the Sen¬
ate in relation to their disagreement upon a bill to provide
for the public defence, and for other purposes.
On motion the Senate took up the resolution respecting
the disposition of the unfinished business of the session,
which, on motion, was laid on the table for the present.
The Senate took up the resolution respecting the ad¬
journment of the General Assembly, which, on motion, was
laid on the table for the balance of the session.
The following message was received from the House of
Representatives by Mr. Estes, their Clerk pro tem.:
Mr. President: The House of Representatives have passed
the following bills of the Senate, to-wit: •
A bill to be entitled an act to amend the charter of the
Cherokee Insurance & Banking Company, so as to reduce
the capital stock of said Bank to relieve the same from ex¬
tra tax assessed against the said Bank, and for other pur¬
poses, with amendments, in which they respectfully ask
the concurrence of the Senate.
Also, a, bill to legalize the action of the Palace Mills
Company of Columbus, in issuing change bills.
252
JOURNAL OF THE SENATE,
Also, a bill to be entitled an act to authorize and re¬
quire his Excellency the Governor to draw his warrant on
the Treasurer of this State in favor of the widow of A. J.
Boggess, late Surveyor General of this State, for the sum
of ftve hundred and four dollars and eighty cents, and for
other purposes.
Also, a biH to authorize Joseph H. Brown to prescribe
for the cure of dropsey, and collect his fees for the same.
Also, a bill to be entitled an act to alter the Great Seal
of the State of Georgia.
The Senate took up as the report or the committee of
the whole, the following bill from the House of Represen¬
tatives :
A bill to incorporate the Planters' Insurance Loan and
Trust Company.
Mr. Boyd offered the following amendment, which was
agreed to:
And be it further enacted, That all the property, both real
and personal, of each and every stockholder of said Com¬
pany, shall be liable to the payment of any debts, contract
or liability of said company, in proportion to his or her
stock, to be recovered against stockholder in any Court of
law or equity having jurisdiction.
The report as amended was agreed to ; the bill was read
the third time and passed.
The following bills, from the House of Representatives,
were severally read the second time :
A bill to encourage the manufacture of salt within the
limits o'"tbe State of Georgia, and for other purposes.
A bill to encourage the improvement of stock in this
State.
A bill to give equal fishing privileges to all persons own¬
ing or living on water courses.
A bill to appropriate extra compensation to John H.
Seals, for the publication of the Code of Georgia.
A bill to change the time of holding the Superior Courts
ot the county of Putnam.
A bill to provide for the manufacture and purchase of
arms for the public defence and to appropriate money there¬
for.
A bill to abolish the office of county Treasurer of Stew¬
art county, and for other purposes.
A bill to authorize B. P. Key, of the county of Jasper,
his heirs and assignees, to extend and keep up a dam across
the Ocmulgee river.
A bill to compel non-residents to pay tax on cattle and
sheep in the county of Colquitt.
WEDNESDAY, DECEMBER 11th, 1SG1. 253
A bill to provide for the appointment of a compiler of
the laws, &c.,—referred to the Judiciary Committee.
A bill to appropriate money to pay certain debts con¬
tracted on the faith of the State for the State Lunatic Asy¬
lum for the year 1S<>1.
A bill to authorize the Inferior Court of Coffee to have
said county laid off in school districts ; and the Ordinary
of said county therein directed to proportion out the school
fund in pro rata to each district.
A bill to provide for raising revenue for the political year
1802, and to appropriate money for the support of Govern¬
ment during said year, and to make certain special appro¬
priations, and for other purposes therein named—referred
to the Committee on Finance.
A bill to appropriate money for the State Lunatic Asy¬
lum for the year 1S62, and for other purposes.
A bill to amend the tax laws of this State.
A bill to amend the militia laws of this State.
A bill to authorize James Pollard, Executor of the estate
of Britain C. Bollard, deceased, to pay to John C. Pollard,
one of the minor heirs of Britain C. Pollard, his distribu¬
tive share of said estate, and to authorize D. N. McNeil to
receive aud receipt for the same.
The following bills from the House of Representatives
were severally read the first time:
A bill to prescribe the proof in certain cases of open ac¬
counts in the several Courts of this State.
A bill to regulate the collection of Jury fees in the Supe¬
rior and Inferior Courts of the counties of Talbot, Chatta¬
hoochee, Putnam, Habersham, Polk, Bibb, and Dougherty.
A bill to incorporate the Confederate Fire & Marine In¬
surance Company of Atlanta.
A bill for the relief of Abner Hern, of Wilkes county, and
Wesley Sheffield, of Early county, and to appropriate money
for the same.
A bill to legalize the orders and judgments of Ordinaries
of this State where the same may be passed by them be¬
yond the limits of the same.
A bill to prevent citizens of other States from driving
cattle or other stock into the counties of Murray and Fan¬
nin, in the State of Georgia, for the purpose of grazing, and
to punish for the same.
A bill to authorize the Superintendent of the Western &
Atlantic Railroad of this State to issue change bills, &c.
A bill to allow the commissioners of Spring Place to is¬
sue retail license therein, aud to punish for a violation of
this act. •
A bill to legalize the adjournment of the Superior Courts
of the counties of Habersham and Banks.
JOURNAL OF THE SENATE,
A bill to authorize John H. Wyley to draw the educa¬
tional fund of Habersham, and pay the same to the Board of
^Education of said county.
A bill to prevent attorneys at law who fail to pay their
professional tax from practicing in the Courts of this State.
The following bill, from the House of Representatives,
was taken up, and read the first time :
On motion the Senate took up so much of the message
from the House of Representatives respecting the passage
of a bill to amend the charter of the Cherokee Insurance &
Banking Company, &c., with an amendment, and asking
the concurrence of the Senate in said amendment.
On motion said amendment was concurred in, and notice
thereof ordered to be transmitted to the House of Represen¬
tatives, forthwith.
The following bills from the House of Representatives
were severally read the first time:
A bill to alter the Great Seal of the State of Georgia.
A bill to legalize the action of the Palace Mills Company
of Columbus, in issuing change bills.
A bill to authorize Joseph H. Brown to prescribe for the
cure of dropsey, and collect his fees for the same.
A bill to authorize and require his Excellency the Gov¬
ernor to draw his warrant on the Treasurer of thic State in
favor of the widow of A. J. Boggess, late Surveyor General,
for the sum of four hundred and four dollars and eighty
cents, and for other purposes.
On motion the Senate adjourned until 3-1 o'clock,
P. M.
3j o'clock, 1>. m.
The Senate met according to adjournment. Hon. Hy-
ram P. Bell in the Chair.
The President appeared and took his seat.
On motion, leave of absence was granted to Mr. Simmons
for the balance of the session after to-day.
ffOn motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
THURSDAY, DECEMBER 12th, 1861. 255
THURSDAY, DECEMBER 12th, 18G1, \
10 o'clock, A. M. 5
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Mosely.
Mr. Harris moved to reconsider so much of the Journal
of yesterday as relates to the passsge of a bill to incorporate
the Planters' Insurance, Loan & Trust Company, which
motion prevailed.
' Mr. Gordon, chairman, of the Committee of Conference,
made the following report:
The Committee of Conference appointed to meet a like
Committee on the part of the House, to take into consider¬
ation the disagreement of the two Houses in regard to the
bill " to provide for the Public Defence, and for other pur¬
poses," have instructed me to report that after a protracted
consultation they have been unable to agree.
(Signed) GEOUGE A. GORDON, Chairman.
Mr. Gordon offered the following resolution which was
adopted:
Resolved, That the Senate appoint a second Committee of
Conference to be composed of other Senators than those
heretofore appointed, to act with a like Committee of the
House upon the disagreement of the two Houses on the bill
to provide for the public defence, and that the House be re¬
spectfully requested to appoint a similar Committee.
The President appointed as said committee on the part of
the Senate Messrs. Hansell, Mosely, Echols, Harris and Dy¬
er.
The following message was received from the House of
Representatives, by Mr. Carringt'on their Clerk, to-wit:
Mr. President: The House of Representatives have passed
the following bills which I am directed to transmit forth¬
with to the Senate:
A bill to be entitled an act for the protection of soldiers
against judgments in certain cases.
Also, a bill to constitute an Eclectic Board of Physicians,
and to locate the same in the town of Athens, Georgia.
Also, a bill to be entitled an act to amend an act to ap¬
prove, endorse, and make of force in the Stale of Georgia a
revised Code of Laws, &c., assented to December 19 th, 1860.
Also, a bill for the relief of David Dyer, Thomas Hollis,
Lester Markham, and for other purposes therein mentioned.
Also, a bill to charter the Macon Insurance, Trust &
Loan Company, and to confer on said company certain
rights, powers and privileges.
Also, a bill to be entitled an act to authorize married wo-
256
JOURNAL OF THE SENATE,
men to deposit money in any Savings Bank or institution
now chartered, or which may hereafter be chartered by this
State, and for other purposes therein mentioned.
Also, a bill to compensate managers of elections in the
counties of Chattahoochee and Whitfield.
Also, a bi!) to be entitled an act to alter and fix the time
of the meeting of the General Assembly of the State of Geor¬
gia.
Also, a bill to be entitled an act to add an additional sec¬
tion to the tenth division of the Penal Code.
Also, a bill to be entitled an act to exempt plaintiffs and
defendants from paying verdicts and confessions in bills of
cost, in the Superior and Inferior Courts of Scriven county.
Also, a bill to be entitled an act to authorize the Ordina¬
ry of White coulity to pay C. H. Ivytle for teaching poor
children in the county of White.
Also, a resolution requesting our Representatives in Con¬
gress to use their influence in securing the establishnu nt of
a certain mail line in the counties of Tatnall and Bulloch.
A bill to alter the revenue laws of this State, and fbrothr
er purposes therein mentioned.
A bill to be entitled an act to authorize the removal of
Timber Cutters Bank.
A bill to be entitled an act to authorize and empower the
Justices of the Inferior Courts of this State to discharge
criminals or offenders against the law from jail in certain
cases, and also to discharge defendants in certain civil cases,
approved December 29, 1S57.
A bill to be entitled an act to alter and amend the tenth
section of an act entitled an act to amend the several acts of
the General Assembly in regard to the election of Public
Printer, approved February 16, 1S-54
A bill to be entitled an act to amend an act to incorpo¬
rate the town of Cusseta, in the county of Chattahoochee,
approved December 22d, 1S55.
A bill to be entitled an act to amend a portion of the Stli
section of an act in relation to the town of Athens, assented
to December 22d, 1857.
A bill to be entitled an act to authorize proceedings by
injunction against any person or persons engaged in the
managing, conducting or drawing of lotteries in this State,
and for other purposes.
A bill to be entitled an act to protect the rights of Mala-
chi Jones and Thomas Hardee, of the county of Brooks, in
certain lakes on their lands.
A bill to be entitled an act to authorize and empower
James Bozeman and William Jordan to peddle without li¬
cense in the third Congressional district, except counties
therein mentioned.
A bill to be entitled an act to repeal an act to compel per-
THURSDAY, DECEMBER 12tii, 1861. 257
sons non-residents of the couuties of Wilcox, Wayne and
Irwin owning, penning and grazing stock, cattle in said
counties to return and pay taxes on the same in the coun¬
ties aforesaid, assented to December 19, 1859, so far as re¬
lates to the county of Wilcox. *
A bill to be entitled an act to define the manner in which
suits may be instituted against Insurance Companies in this
State, and to prescribe the manner in which service shall be
effected upon them.
A bill to be entitled an act to authorize the Justices of
the Inferior Courts and Ordinaries of the several counties to
appoint some fit and proper person to open and adjourn
such Courts in the absence of an officer to do so.
A bill to be entitled an act to confer upon John E. Mor¬
gan, Jesse McClendon, and others, their associates and suc¬
cessors the right to conduct the business of banking upon
the terms therein expressed.
A bill to be entitled an act to allow secondary proof and
testimony in cases where copy wills, deeds and other papers
cannot be procured, and for other purposes.
A bill to be entitled an act to authorize the Ordinary of
Towns county to turn over to the chairman of a Relief Com¬
mittee of said county a balance of educational fund.
A bill to be entitled an act to provide for the election of
District Treasurer of the common school fund in the coun¬
ty of Dawson, and to prescribe the manner of distributing
said fund, and for other purposes.
The House of Representatives has passed the following
bill of the Senate, to-wit:
A bill to be entitled an act to relieve certain persons from
the pains and disabilities of a judgment of divorce—with
amendments, in which they respectfully ask the concur¬
rence of the Senate.
REPORTS OF THE COMMITTEE ON FINANCE.
The Committee on Finance have considered the bill re¬
ferred to them to be entitled an act to provide for the relief
of the people of Georgia from the pecuniary embarrassments
occasioned by the pending war, and have unanimously in¬
structed me to report that they are opposed to the bill as
defective in detail, and are likewise opposed to the princi¬
ple on which it is based, and therefore recommend that it
do not pass.
(Signed) M. W. LEWIS, Chairman.
The Committee on Finance have considered the bill re¬
ferred to them to be entitled an act to provide for raising a
revenue for the political year 1862, and to appropriate mon¬
ey for the support of the Government during said year, and
to make certain special appropriations, and for other purpo-
17
258
JOURNAL OF THE SENATE,
ses therein named, and liave instructed me to report the
same back to the Senate and recommend that it do pass,
with the following amendments :
1st. They recommend that the 17th section appropriating
money to pay the resident Ministers for opening the session
of the Senate and House of Representatives with prayer be
stricken out—the said amendment being proposed by the
request of said Ministers.
2d. They piopose by way of amendment the following
Section, viz:
Sec. 17. That the sum of five dollars per diem be appro¬
priated to pay the clerk of the Senate Committee on the
Judiciary for as many days as he has served said Committee,
and that the Auditing Committee of the Senate shall not be
authorized to audit said clerk's account for any greater
number of days than shall be certified to by the chairman of
said Judiciary committee.
3d. They also propose to amend by adding the following
section, viz.:
Sec. IS. Be it further enacted, That the following sums be
and are hereby appropriated to pay the balances due to the
several Professors of the Georgia Military Institute for the
year 1861, namely: to V. H. Mauget, five hundred and nine¬
ty-three dollars and twelve cents; to J. C. Eve, fifty-four
dollars and forty cents; to A. W. King, five hundred and
ninety-three dollars and twelve cents; to J. TV. Baker, sev¬
en hundred and fourteen dollars—making the sum of nine¬
teen hundred and fifty-four dollars and sixty-four cents.
Sec. 19. And be it f/rtJur tnackd, That the sum of six
hundred and eighty-two dollars and seventy-eight cents, be
and the same is hereby appropriated to pay A. Green &Co.
transferees of W. A. M. Lanier, fir household and kitchen
furniture, crockery, &c., purchased of said Lanier by the
Georgia Military Institute for the use of the State, on the
tenth day of August eighteen hundred and sixty.
Sec. 20. Be it further tnacttd, That the sum of three hun¬
dred and eighty-nine dollars aud eighty-five cents be and the
, same is hereby appropriated to pay A. N. Simpson, Treas¬
urer of the Georgia Military Institute for his services as such
Treasurer since the purchase of said Institute by the State
of Georgia.
Sec. 21. And be it further enacted, That his Excellency the
Governor be and he is hereby authorized to draw his war¬
rant upon the Treasurer for such sum of money as he may
upon clue proof thereof find to be due and owing to William
W. Boyd, former Commissary and Quartermaster of the
Georgia Military Institute for Military goods, &c., sold by
him to said Institute when the State took charge thereof.
Sec. 22. And be it further enacted, That in addition to the
two thousand dollars appropriated for the education, board.
THURSDAY, DECEMBER 12th, 1861.
259
&c., of the ten Cadets in tlie Georgia Military Institute the
fui tlier sum ot four hundred dollars be and the same is here¬
by appropriated for the payment of two additional State
Cadets, one from each of the newly created Congressional
districts.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk, to-wit:
Mr. President: The House of Representatives insists on
their disagreement to the Senate amendment of the bill " to.
provide for the public defence, and to appropriate money
therefor, and for other purposes," and has adopted resolu¬
tions asking for a committee of conference, and have ap¬
pointed as a committee on the part of the House for that
purpose Messrs. Bigham, Lee, Cochran, of Glynn, Black,
and Felton—and I am directed to transmit this action to
the Senate forthwith.
The House of Representatives has also passed the follow¬
ing bill, which I am directed to transmit forthwith to the
Senate, to-wit:
A bill to be entitled an act for the relief of certain tax
payers of this State, and for other purposes.
The rule being suspended the Senate took up as the re¬
port of the committee of the whole the following reconsid¬
ered bill:
A bill to incorporate the Planters' Insurance, Trust &
Loan Company, and to confer certain pewers thereon.
Mr. Vason moved to amend said bill by striking out the
personal liberty clause of said bill, which motion was agreed
to.
Mr. Jackson offered the following amendment which was
agreed to:
Provided, That they shall publish ouce a year during the
time that they shall continue in business a list of the stock¬
holders in some newspaper published in this State.
The repoit as amended was agreed to, the bill wTas read
the third and passed.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President,: The House of Representatives have in¬
creased the number of members from the House on the
committee of conference on the bill to be entitled an act to
provide for the public defence, and for other purposes, and
has appointed Messrs. Love and Washington as additional
members of said conference committee.
The rule being suspended Mr. Lewis offered the following
resolution, which was adopted:
Resolve 1, That the Senate act on no House bills which
pass the House of Representatives to-day.
260
JOURNAL OF THE SENATE,
Mr. r>3Ter offered the following resolution wliicli was
adopted :
Resolved, Tiiat all bills passed hereafter are ordered to be
transmitted forthwith to the House ol Representatives.
Mr. Dyer, chairman of the Committer on Enrollment, re¬
ports as duly enrolled and ready for the signature of the
President of the Senate—
An act to amend the charter of the Cherokee Insurance
& Banking Company so as to reduce the capital stock of
said bank, to release the same from extra tax assessed against
the said bank, and for other purposes.
Also, the following House bills duly enrolled, signed by
the Speaker of the House of Representatives, and ready for
the signature of the President of the Seuate—
An Act to authorize the Justices of the Inferior Court of
Coweta county from time to time to authorize the levying
and collecting of such taxes in said county as is hereinafter
provided for the purpose herein provided, and for no other
purposes whatever, which shall be known and designated
as a tax for the purpose of supporting the indigent families
of soldiers who have or may hereafter go into the actual
Service of the country, and also for the support of such indi¬
gent soldiers who have or may hereafter return home from
Such service either in a crippled or disabled condition.
An act to repeal the fourteenth section of an act entitled
an act to incorporate the town of Valdosta, in the county of'
Lowndes, and for other purposes therein mentioned. Also
to incorporate Summerville Academy.
Also, an act to legalize the proceedings of the Southern
stockholders of the Brunswick & Florida Railroad company,,
to change the name of said Company, and to amend the act
of incorporation, to exteud the charter thereof, and to fa¬
cilitate the building thereof.
The following message wras received from the House of
Reresentatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives has passed
the following bills which I am directed to transmit forth¬
with to the Senate, to-wTit:
A bill to be entitled an act to provide for the compensa¬
tion of Grand and Petit jurors for the Superior and Inferior
Courts of Elbert and Taliaferro counties, and to repeal all
former laws providing for the same.
Also, a bill to be entitled an act to levy and collect a tax
for the political year 1S62, and for other purposes.
Also, a bill to be entitled an act to amend an act to be
entitled an act to compensate the Sheriffs of Burke, Elbert
and DeKalb counties for their services in summoning Grand
and Petit jurors in said counties, respectively, assented to
December 23, 1836.
THURSDAY, DECEMBER 12TH, 1861. 261
The Senate took up, severally, as the report of the com¬
mittee of the whole the following bills from the House of
Representatives :
A bill to authorize James Pollard, Executor of the estate
of Britain C. Pollard, deceased, to pay to John T. Pollard,
one of the minor heirs of Britain G. Pollard, his distributive
share of said estate, and to authorize D. N. McNiel to receive
and receipt for the same.
The report was agreed to, the bill was read the third
time and passed.
A bill to appropriate money to pay certain debts con¬
tracted on the faith of the State for the State Lunatic Asy¬
lum.
The report was agreed to ; the bill was read the third
time and passed.
A bill to abolish the office of County Treasurer of Stew¬
art county, and for other purposes.
The report was agreed to : the bill was read the third time
and passed.
A biH to change the time of holding the Superior Court
of the county of Putnam.
The report was agreed to, the bill was read the third
time and passed.
A bill to amend the Military laws of this State.
The report was agreed to; the bill was read the third
time and passed.
A bill to authorize the manufacture and purchase of arms
for the public defence, and to appropriate money for the
same.
The report was agreed to, the bill was read the third time
and passed. •
A bill to amend the tax laws of this State.
The report was agreed to, the bill was read the third time
and passed.
A bill to repeal an act entitled an act to authorize the
Inferior Court of Ware county to assess an extra tax for the»
purpose of building a Court House in said county, and for
other purposes.
The report was agreed to, the bill was read the third time
and passed.
A bill to authorize B. P. Key, of the county of Jasper,
his heirs and assigns to extend and keep up a dam across
the Ocmulgee river.
The report was agreed to, the bill was read the third time
and passed.
A bill to appropriate extra compensation to JohnH.
Seals for the publication of the Georgia Code.
The report was agreed to, the bill was read the third time
and passed.
262
JOURNAL OF THE SENATE,
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives lias passed
tlie following bill of the Senate, with amendments thereto,
in which they ask the concurrence of the Senate, to-wit:
A bill to direct and empower the Inferior Courts of Stew¬
art and Webster counties to levy, collect and disburse an
extraordinary tax for the support of the indigent families of
Such soldiers as have gone or may hereafter go into the ser¬
vice of the Confederate States or the State of Georgia, and
to appoint commissioners for the disbursement of said tax,
•and to legalize the orders or judgments which levied an ex¬
traordinary tax for the year lSOl, and provides for the col¬
lection of the same.
The following bills from the House of Representatives
Were severally read the second time :
A bill to authorize and require His Excellency the Gov¬
ernor to draw his warrant on the Treasurer of this State in
favor of the widow of A. J. Boggess, late Surveyor Gener¬
al, for the sum of four hundred and four dollars and eighty
cents, and for other purposes.
A bill to regulate the collection of Jury fees in the Su¬
perior and Inferior Courts of the counties of Talbot, Chat¬
tahoochee, Putnam., Habersham, Polk, Bibb and Dougherty.
The rule being suspended the following bill from the
House of Representatives was taken up and read the first
time:
A bill to levy and collect a tax for the political year 1S62,
and for other purposes.
The following communication was received and ordered
to be entered on the Journal with the unanimous thanks of
the Senate:
To the Gcnefal Assembly of the State of Georgia :
The resident Clergy of Milledgeville, and vicinity, have
most cordially complied with the request of the two Houses
to open their meetings with prayer, invoking the presence
and blessings of the Most High on their daily deliberations.
We must be allowed most respectfully to decline any com¬
pensation for our services.
In behalf of the resident Ministers,
(Signed) SAM'L. K. TALMAGE.
REPORT OF THE COMMITTEE ON CONFERENCE.
. The Committee on Conference appointed by the Senate,
on the bill to be entitled an act to prevent during the ex¬
isting war, monopolies, extortion and speculations bread-
stuffs, &c., have met the committee on the part of the House
and agreed to report back with the following amendment
THURSDAY, DECEMBER 12th, 1861. 263
the substitute adopted b}T the House, by striking out the
4th section of said substitute, and inserting the following in
lieu of the same and recommend its passage.
^ Sec. 4. Be it further enacted, That in all trials for a viola¬
tion of the third section of this act the Jury may take into
consideration the cost of producing the articles with expen¬
ses of transportation to market, if the defendant be a manu¬
facturer or producer thereof, and the original price paid
therefor with cost of transportation, if the defendant be a
merchant or trader.
On motion the Senate took up the bill in the above report
named, and agreed to the amendments reported by said
Committee.
Mr. Ware moved to lay said bill upon the table for the
balance of the session. On this motion the yeas and nays
wrere recorded and were yeas 9, nays 23.
Those who voted in the affirmative are—Messrs:
Boyd, Gibson, Gordon, Griffin, Jackson, Killen, Stephens,
Swearingen, Ware.
Those w7ho voted in the negative are—Messrs.:
Alexander, Beasley, Bell, Bothwell, Brown, Dyer, Echols,
Fletcher, Furlow, Gaston, Ilansell, Harris, Hill, James Hil-
liard, Jamison, Kendall,-Lane, Lewis, Mosely, Seward, Staf¬
ford, Yason, Winn.
Yeas 9, nays 22. So the motion did not prevail.
The following message was received from the House of
Representatives, by their Clerk, Mr. Carrington :
Mr. President: The House of Representatives have pass¬
ed the following bill which I am directed to transmit to the
Senate forthwith:
A bill for the better government offree negroes and slaves
in the towns of Louisville and Clarksviile.
The House of Representatives has also concurred in the
amendment of the Senate to a bill of the House of Repre¬
sentatives " to be entitled an act to incorporate the Plan¬
ters' Insurance, Trust & Loan Company, and to confer cer¬
tain powers and privileges thereon."
The report of the Conference Committee was agreed to.
The Senate adjourned till 3| o'cltfck, P. M.
3^ o'clock, p. m.
The Senate met according to adjournment.
The Senate took up as the report of the committee of the
whole the following bills from the House of Representatives
severally:
264
JOURNAL OF THE SENATE,
A bill to incorporate tlie village of Summerville in the
county of Richmond, to provide for the election of Com¬
missioners for the same, to prescribe their powers and duties
and for other purposes.
The report was agreed to, the bill was read the third
time and passed.
A bill to encourage the manufacture of salt within the
limits of the State of Georgia, and for other purposes.
Mr. Harris offered the following amendment, which was
agreed to:
Strike out "twenty-five thousand" and insert in lieu
thereof " fifty thousand."
The report as amended was agreed to, the bill was read
the third time and passed.
A bill to encourage the improvement of stock in this
State.
The report was agreed to; the bill was read the third
time and passed.
A bill to authorize the Inferior Court of the county of
Coffee to have said county laid off in school districts and
the Ordinary of said couuty herein directed to proportion
out the school fund in pro rata to each district.
The report was agreed to ; the bill was read the third
time and passed.
A bill to give equal fishing privileges to all persons own¬
ing or living on water courses.
The report was agreed to ; the bill was read the third
time and,passed.
A bill to appropriate money for the State Lunatic Asy¬
lum for the year eighteen hundred and sixty-two, and for
other purposes.
The report was agreed to ; the bill was read the third
time and passed.
A bill to compel non-residents to pay tax on cattle and
sheep in the county of Colquitt.
The report was agreed to; the bill was read the third time
and passed.
The following bills from the House of Representatives
were severally read the second time :
A bill for the relief of Abner Hern, of Wilkes county, and
Wesley Sheffield, of Early county, and to appropriate mon¬
ey for the same.
A bill to prescribe the proof in certain cases of open ac¬
counts in the several Courts of this State.
A bill'to legalize the orders and judgments of Ordinaries
of this State where the same may be passed by them beyond
the limits of the same.
A bill to incorporate the Confederate Fire & Marine In¬
surance Company, of Atlanta.
THURSDAY, DECEMBER 12th, 1861. 265
ill to authorize Joseph H. Brown to prescribe for the
cure of Dropsy, and collect his fees for the same.
A bill to prevent citizens ol other States from driving
cattle oi other stock into the counties of Murray and Fannin
in the State of Georgia for the purpose of grazing, and to
punish offenders for the same.
A bill to alter the Great Seal of the State of Georgia.
A bill to authorize the Superintendent of the Western &
Atlantic Railroad of this State to issue change bills, and for
other purposes.
A bill to legalize the action of the Palace Mills Company
of Columbus, in issuing change bills.
A bill to authorize John H. Wiley to draw the education¬
al fund of Habersham to pay the same to the Board of Ed¬
ucation of said county.
A bill to prevent Attorneys at Law who fail to pay their
professional tax from practicing in the Courts of this State.
A bill to allow the Cotamissioneis of Spring Place to is¬
sue retail license therein, and to punish for a violation of
this act.
A bill to legalize the adjournments of the Superior Courts
of the counties of Habersham and Banks.
The rule being suspended Mr. Lane offered the following
resolution :
Resolved, That the Governor of this State be respectfully
requested to reduce the freight on the State road on all ar¬
ticles of strict necessity, to-wit: corn, wheat, flour and ba¬
con to the lowest paying figure.
Mr. Lewis offered the following amendment in the nature
of a substitute to said amendment, which was accepted :
Whereas, The General Assembly have received intelli¬
gence that the Superintendent has determined to raise the
rate of local freights on the Western & Atlantic Railroad ;
And Whereas, it is the opinion of the General Assembly that
it is unjust and onerous to the people who built, and who
own said road, to load them in these embarrassing times
with additional burthens, therefore—
Resolved by the Senate and House of Represent atiees, That the
Governor be requested to reduce instead of raise the freight
on all articles of strict necessity, to-wit: corn, wheat, flour,
bacon, salt, and all other articles of general consumption to
the lowest paying figure.
The resolution as amended was adopted.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk, to-wit:
Mr. President:—The House of Representatives have pass¬
ed the following bill of the Senate, with amendments, in
which they ask the concurrence of the Senate to-wit .•
266
JOURNAL OF THE SENATE,
A bill to be entitled an act to incorporate the Cotton
Planters' Bank of Georgia—to give steadiness to the value
of Cotton, to make it available as the basis of a sound cir¬
culating medium, for the relief of the industrial interests of
the Country, and at the same time to enable the planters to
control their own cotton until the blockade now attempted
to be enforced is removed—to guard'the planters against an
unavoidable necessitous sale of their Cotton at less than re¬
munerating prices and against sacrifices alike detrimental to
their interest, consequent upon their being forced to draw
upon and ..ccept inadequate advancements upon their crops,
paying heavy commissions, interest, insurance and storage
ruinous to the producers of this great Southern staple, and
for other purposes.
The House of Representatives has also concurred in the
amendments of the Senate to the substitute of the House
for a Senate bill to be entitled an act to prevent during the
existing war, monopolies, extortion and speculation in
breadstuff's and other articles of general use and consump¬
tion, and to make such acts criminal, and to provide penal¬
ties for the same,
The following bills'from the House of Representatives
were severally read the first time :
A bill for the better government of free negroes and
slaves in the town of Louisville and Clarksville.
A bill to provide for the compensation of Grand and Pe¬
tit Jurors of the Superior and Inferior Courts of Elbert and
Taliaferfo, and to repeal all former laws providing for the
same.
A bill to amend an act to be entitled an act to compensate
the Sheriffs of Burke, Elbert and DeKalb counties, for their
services in summoning Grand and Petit Jurors in the said
counties respectively, assented to December 23,1S36.
A bill to compensate managers of elections in the coun¬
ties of Chattahoochee and Whitfield.
A bill for the relief of certain tax payers, and for other
purposes.
A bill to amend an act to approve, endorse, and make of
force in the State of Georgia, a revised Code of Laws, &c.,
assented to December 19th, 1S60.
A bill to constitute an Eclectic board of Physicians, and
to locate the same in the town of Athens.
A bill to authorize the Ordinary of White couuty, to pay
C. H. Kytle for teaching poor children in the county of
White.
A bill to authorize and empower the Justices of the
Inferior* Courts of this State, to discharge criminals or of¬
fenders against the law from jail in certain cases, and also
to discharge defendants in certain cases, approved Decem¬
ber 29 th, 1S57.
THURSDAY, DECEMBER 12th, 1SG1. 267
A bill for tlie protection of soldiers against judgments in
certain cases. "
A bill to protect the rights of Mallichi Jones and T. Har¬
dee, of tho county of Brooks, in certain lakes on their land.
A bill to authorize the removal of Timber Cutters Bank.
A bill to authorize the Justices of the Inferior Courts and
Ordinaries of the several counties to appoint some fit and
proper person to open and adjourn such Courts in the ab¬
sence of an officer to do so.
A bill to repeal an act to compel persons non-residents
of the counties of Wilcox, Wayne, and Irwin, owning pen¬
ning and grazing stock-cattle in said counties aforesaid, as¬
sented to December 1.9th, 1S-39, so far as relates to the
county of Wilcox.
A bill for the relief of Daniel Dyer, Thomas Hollis, Les¬
ter Markham, John Huff and James W. Burnsides, and for
other purposes therein mentioned.
A bill to alter the Revenue laws of this State, and for
other purposes therein named.
A bill to charter the Macon Insurance Trust and Loan
Company, and to confer on said, company certain rights,
powers and privileges.
A bill to exempt Plaintiffs and Defendants from paying
verdicts and confessions in bills of costs in the Superior and
Inferior Courts of Scriven county.
A bill to alter and amend the tenth section of an act enti¬
tled an act to aif?end the several acts of the General Assembly
in regard to the election of Public Printer, approved Feb¬
ruary 16th, 1854.
A bill to provide for the election of District Treasurers
of the common school fund in the county of Dawson, and to
prescribe the manner of distributing said fund, and for other
purposes.
A bill to authorize the Ordinary of Towns county to turn
over to the chairman of a Relief committee of said county
a balance of Educational fund.
A bill to amend an act to incorporate the town of Cusse-
ta, in the county of Chattahoocheee, approved Dec. 22,1855.
A bill to authorize married women to deposit money in
any Savings Bank, or Institution, now chartered, or which
may hereafter be chartered by this Stute, and for other pur¬
poses mentioned therein.
A bill to authorize and empower James Bozeman and
William Jordan to peddle without license in their Congres¬
sional disn'ct, except counties therein named.
A bill to alter and amend a portion of the eighth section
of an act in relation to the town of Athens ; assented to
December 22d, 1857.
A bill to authorize proceedings by injunction against any
person or persons engaged in the managing, conducting, or
268
JOURNAL OF THE SENATE,
drawing of Lotteries in this State, and for other purposes.
A bill to confer upon John E. Morgan, Jesse McLendon,
and others, their associates and successors, the right to con¬
duct the business of Banking upon the terms therein ex¬
pressed.
A bill to allow secondary proof and testimony in cases
where Copy Wills, Deeds, and other papers cannot be pro¬
cured and for other purposes.
A bill to define the manner in which suits may be insti¬
tuted against Insurance Companies in this State, and to pre¬
scribe the manner in which service shall be effected upon
them.
A bill to add an additional section to the tenth Division
of the Penal Code.
The rule being suspended, on motion, the Senate took up
the following bills (severally) from the House of Represen¬
tatives as the report of the committee of the whole,
A bill to provide for the relief of the people of Georgia
from the pecuniary embarrassment occasioned by the exist¬
ing war.
The committee on Finance to whom this bill was refer¬
red, reported adversely to its passage.
The report was agreed to, and the bill was lost.
A bill to provide for raising a revenue for the political
year 1SG2, and to appropriate money for the support of the
Government during1 Said year, and to make certain special
appropriations, and for other purposes therein named.
The Finance committee to whom this bill was referred,
reported it back to the Senate with amendments, and recom
mended that, as amended, it do pass.
The amendments reporred by said committee on Finance
were agreed to.
Mr. Seward offered the following amendment which "was
agreed to:
Sec. Be it further enacted, That the following sums be,
and the same are hereby, appropriated to pay such of the
Commissioners appointed by the Convention of Georgia to
certain States in addition to the advancements made by the
Governor, at the time of their appointment, to-wit:
To A. R. Wright, Commissioner to Maryland, $300
" D. C. Campbell, " to Delaware, 300
" H. L, Benning, " to Virginia, 300
" Samuel Hall,
" H. P. Bell,
" W. C. Daniel,
" D. P. Hill,
« L. J. Glynn,
u W. A. Vason,
to N. Carolina 300
to Tennessee, 300
to Kentucky, 300
to Arkansas, 300
to Missouri, 300
to Louisiana, 300
to Texas. 300
" J. W. A. Sanford,
THURSDAY, DECEMBER 12th, 1861. 269
And the Governor is hereby authorized to draw his war"]
rant upon the Treasury, in favor of each of said Comiois-
sioneis, tor the sums hereby appropriated.
Mr. Harris offered the following amendment, which was
agreed to :
Aid be it further enacted, That the sum of two hundred
dollars be, and the same is hereby appropriated to H. J. G.
Williams, in addition to what he has already received, as
compensation for his services as an enrolling Clerk of the
late State Convention.
The report as amended was agreed to ; the bill was read
the third time and passed.
Mr. Dyer, chairman of the committee on enrollment re¬
ports as duly enrolled, signed by the Speaker of the House,
and ready for the signature of the President of the Senate,
An Act to appropriate extra compensation to John H.
Seals for the publication of the Code.
An act to authorize the manufacture and purchase of arms
for the public defence, and to appropriate money for the
same.
An act to authorize James Pollard Executor of the estate
of Britain C. Pollard, deceased, to pay to John T. Pollard,
one of the minor heirs of Britain C. Pollard his distribu¬
tive share of said estate, and to authorize D. N. McNeil to
receive and receipt for the same.
An act to appropriate money to pay certain debts con¬
tracted on the faith of the State for the Lunatic Asylum for
the year 1861.
An act to repeal an act entitled an act to authorize th e
Inferior Court of Ware county to assess an extra tax for the
purpose of building a Court House in said county, and for
other purposes.
An act to abolish the office of County Treasurer and im¬
pose the duties of said office upon the Ordinary for the
county of Stewart, and for other purposes.
An act to change the time of holding the Superior Courts
of the county of Putnam.
An act to amend the tax laws of this State.
An act to authorize B. P. Key of the county of Jasper his
heirs and assigns to extend and keep up a dam across the
Ocmulgee river.
An act to amend the Military laws of this State.
Mr. Dyer, chairman of the -Committee on Enrollment re¬
ports as duly enrolled and ready for the signature of the
President of the Senate—
An act to direct and empower the Inferior Court of Stew¬
art county to levy, collect and disburse an extraordinary tax
for the support of indigent families of such soldiers as have
gone or may hereafter go into the service of the Confeder-
270
JOURNAL OF THE SENATE,
ate States or State of Georgia, and to appoint commission¬
ers for the disbursemeat of said tax, and to legalize the or¬
ders or judgments of the Inferior Court of said county,
which levied an extraordinary tax for the year 1S61, and
provide for the collection of the same.
On motion the Senate adjourned till 7 o'clock P. M.
7 o'clock p. ir.
The Senate met pursuant to adjournment.
The followirfg Message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have
passed the following bills of the Senate, to-wit:
A bill to be entitled an act to incorporate the Georgia
Mutual Insurance Company.
A bill to be entitled an act to authorize the City Council
of Augusta to fix the salary of the Judge of the City
Court of said city.
A bill entitled an act to make valid the doings and actings
of Augustus B. Raiford and Sterling Glover as Deputy
Sheriffs of the county of Sumter.
A bill to be entitled an act to provide for the appoint¬
ment of new Trustees in certain cases.
A bill to be entiiled an act to authorize the Receiver or
Receivers appointed under the Sequestration Act of the
Confederate States, to bring suits on all claims of alien en¬
emies, sequestrated in any of the Courts of this State, and
to maintain all suits w liicli are now pending in any of the
Courts, and for other purposes.
A bill to amend an act entitled an act to authorize the
settlement of criminal prosecutions in certain cases, and
to regulate more particularly the duties of the Attorney
and Solicitors General, and fix their liabilities ; approved
February U2d, 1850.
A bill to be entitled an act to make valid the proceed
ings of the Justices of the Inferior Court of Richmond coun¬
ty, in providing for the indigent families of absent soldiers,
and to authorize said Justices to raise money for that pur¬
pose.
And a bill of the Senate, .to be entitled an act to in¬
corporate an Insurance Company, in any city of Georgia,
to be called the Southern Insurance and Trust Company.
The House of Representatives have adopted and passed
the following substitute, to-wit:
A bill to be entitled an act to incorporate an Insurance
THURSDAY", DECEMBER 12th, 1S61. 271
Company in the city of Savannah, to be called the Southern
Insurance Company. t
The rule being suspended, on motion, the Senate took up
so much of the message from the House of Representatives
as relates to the amendment by the House, in the nature of
a substitute, of a Senate bill "to incorporate an Insurance
Company in any city of Georgia, to be called the Southern
Insurance and Trust Company," and asking the concurrence
of the Senate therein.
On motion, the Senate concurred in the House amend¬
ment of said bill.
Mr. Dyer, chairman of the committee on enrollment, re¬
ports as duly enrolled and ready for the signature of the
President of the Senate,
An act to relieve certain persons from the pains and dis¬
abilities of a judgment of divorce.
Mr. Dyer, chairman of the committee on enrollment, re¬
ports as duly enrolled, signed by the Speaker of the House
of Representatives, and ready for the signature of the Pres¬
ident of the Senate,
An act to compel non-residents to pay tax on cattle and
sheep in the county of Colquitt.
An act to incorporate the Planters Insurance Trust &
Loan Company, and to confer certain powers and privileges
thereon.
An act to incorporate the village of Summerville in the
county of Richmond, to provide tor the election of commis¬
sioners for the same, to prescribe their powers and duties,
and for other purposes.
The joint committee of Conference, through their chair¬
man Mr. Hansell, submitted the following report:
jResolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly, That the President and
Congress of the Confederate States of America be, and are
hereby most respectfully, but earnestly requested, to accept
into the service of the Confederate States, all of the officers
in command of the Volunteer State Troops about to be ten¬
dered by the State of Georgia to the Confederate States, for
the special, local, defence of Georgia, and retain them in
their several positions ; and that, if by the laws of the
Confederate States such action cannot be had as to said of¬
ficers, then we ask respectfully, and earnestly solicit the pas¬
sage of an act of Congress authorizing the same.
Resolved further, That a copy of these resolutions be trans¬
mitted to the President of the Confederate States, and to
each of our members in Congress, with a request that said
members use their efforts for the effectuation of the same.
The said committee, also, reported the following amend¬
ment of the General appropriation bill :
272
JOURNAL OF THE SENATE,
Sec. jBe it further enacted, That the sum of one million
of dollars be, and the same is hereby, appropriated as a
military fund for the year eighteen hundred and sixty-two,
to be drawn from the Treasury on the warrant of the Gov¬
ernor, from time to time, as the same may be required, to
defray either past or future expenses for military purposes.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk, to-wit:
Mr. President: The House of Representatives have con¬
curred in the amendment of the Senate to the bill to be en¬
titled an act to encourage the manufacture of Salt within
the limits of the State of Georgia, and for other purposes ;
together with the following Preamble and Resolution, to-
wit:
Whereas, a clerical mistake was committed in engross¬
ing a bill to be entitled an act to encourage the manufacture
of Salt within the limits of the State of Georgia, and for
other purposes ; by which a proviso to section 2d, of said
bill, was attached to the same, it having been rejected by the
House.
Be it therefore tesolved, That said proviso be stricken from
said bill, and that the Senate be respectfully requested to
concur in the action of the House.
On motion of Mr. Lewis, the rule in reference to trans¬
mitting matter to the House forthwith, was suspended so
far as relates to the general appropriation bill.
On motion of Mr. Gordon, the report of the joint com¬
mittee of Conference was laid upon the table for the pres¬
ent.
On motion the Senate adjourned until 10 o'clock to-mor¬
row morning.
FRIDAY, DECEMBER 13th, 1S61.
10 o'clock, a. m.
The Senate met according to adjournment, and was
opened with prayer by the Reverend Mr. Boyd.
Mr, Hansell moved to reconsider so much of the Journal
of yesterday as relates to the several appropriation bill.
The motion wras agreed to.
The rule being suspended on motion said bill was taken
up.
Mr. Hansell offered the following amendment:
Section Be it further enacted, That the sum of one
million of dollars be, and the same js hereby appro-
FRIDAY, DECEMBER 13th, IS61.
ill-J
pnated as a military fund for the year eighteen hund-^
red and sixty-two, to be drawn from the Treasury on
the warrant ot the Governor from time to time, as the
same may be required to defray either past or future ex¬
penses for military purposes.
Mr. Seward moved to amend said amendment so as to
make it read five millions instead of one million.
Mr. Lewis called for the previous question, wliicli lie
withdrew at the request of Senators.
Upon the question of agreeing to tlie amendment of the
amendment the yeas and nays were recorded, and were
yeas IS, nays 16.
Those who voted in the affirmative are Messrs.
Beasley, Furlow, Gaston, Gibson, Gordon, Griffin, Har¬
ris, Hill, Jackson, Kendall, Killen, Seward, Smith, Stafford,
Swearingen, Ware, "VViun, Wright.
Those who voted in the negative are Messrs.
Alexander, Bell, Bothwell, Boyd, Brown, Dyer, Echols,.
Fletcher, Hansell, James Iiilliard, Jamison, Lane, Lewis*
Mosely, Stephens, Vason.
So the motion prevailed.
On motion the amendmnet as amended was agreed to.
Mr. Hansell offered the following amendment, which was
agreed to :
Sec. Be it further enacted, That to enable the Comptrol¬
ler General to have the Bonds and Treasury notes of the-
State recorded in his office, in pursuance of the acts of the*
General Assembly, the Governor is hereby authorized to
furnish to the Comptroller one or more Clerks, to keep wp>
the registering of such treasury notes and bonds, and the-
Governor is hereby directed to draw his warrant on the
Treasury for adequate compensation to such Clerk or
Clerks. Such Clerk or Clerks to be selected by the Comp¬
troller General.
The report as amended was agreed to, and said reconsitk
ered bill as amended passed.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives has passed
the following bills of the Senate with amendments, iui,
which they ask the concunence of the Senate, to-wit.
A bill to be entitled " an act to amend an act entitled"
an act to incorporate the city of Americus in the county
of Sumter, and for other purposes."
A bill to be entitled "an act to prevent the peddling
spirituous liquors in the county of Jasper."
And for a bill of the Senate entitled " an act concerning
18
274
JOURNAL OF THE SENATE,
the Superior Courts of the county of Cobb, changing the
existing law in relation thereto,"
The House of Representatives has adopted and passed
the following substitute, to-wit:
A bill to be entitled an act concerning the Superior
Courts of the counties of Lumpkin and Cobb, and chang¬
ing the existing law in relation thereto, and to change the
time of holding the Superior Courts of the county of
Towns, and also to change the time of holding the Supe¬
rior and Inferior Courts of the county of Milton, and to
legalize processes returnable to said Courts.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk, to-wit:
Mr. President: The House of Representatives have
passed the following bill and resolutions, to-wit:
A bill to change the name of a volunteer corps incorpo¬
rated in Talbot county, under the name of " Scott Rifles,"
to that of " Southern Rifles."
A resolution declaring Georgia's right of original pro¬
prietory interest and title.
Resolutions on the State of the Republic.
The House of Representatives have also passed the fol¬
lowing bills of the Senate, to-wit:
A bill to be entitled an act to incorporate the Turner
Mountain Copper Mining Company.
A bill to be entitled an act to relieve Wm. B. Taylor of
the State of Florida, nominated Executor of Henry L. Tay¬
lor, deceased, from legal disabilities on account of his non-
residence, and for other purposes, with an amendment, in
which they ask the concurrence of the Senate.
A bill to be entitled an act to amend the several laws
heretofore passed incorporating the city of Rome, in the
county of Floyd, and to enlarge the powers of the City
Council of the city of Rome, in relation to the granting of
license to retail and sell liquors.
The following Message was received from the House of
Representatives by Mr. Carrington their Clerk :
Mr. President: For the Senate bill, to-wit:
A bill to be entitled an act to change the line between
the counties of Chattahoochee and Talbot, so as to include
the residence of James M. Lowe in the county of Talbot;
also to change the county lines between the counties of
Early and Calhoun,
The House of Representatives have adopted the follow¬
ing as a substitute, in which they respectfully ask the con¬
currence of the Senate, to-wit:
A bill to be entitled an act to repeal so much of an act
as was passed in the year eighteen hundred and fifty, addin""
lot of land No. 6, to Talbot county, and to change certain
-county lines, and for other purposes.
FRIDAY, DECEMBER IStii, 1SG1.
Tlie House of Representatives have also passed the fol¬
lowing Senate bill with an amendmant, in which they ask
the concurrence of the Senate, to-wit:
A bill to be entitled an act to authorize all volunteer and
other troops in the service from this State, to vote at all
elections, without reference to the place where they may
be at the time of such elections, and for other purposes.
Mr. Dyer, Chairman of the Committee 011 Enrollment,
reports as duly enrolled, signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An act to give equal fishing privileges to all persons own¬
ing or living on water courses.
An act to appropriate money for the support of the State
Lunatic Asylum for the year 1862, and for other purposes.
An act to authorize the Inferior Courts of Coffee and
Berrien counties to have said counties laid off in school
districts, and the Ordinaries of said counties herein directed
to proportion out the school fund in "prorata to each district.
An act to encourage the manufacture of salt within the
limits of Georgia, and for other purposes.
The rule being suspended the following Senate bills pass¬
ed by the House with amendments, were taken up several¬
ly, and the amendments concurred in :
A bill to amend an act entitled an act to incorporate the
city of Americus, and to alter and amend an act to incor¬
porate the town of Americus in the county of Sumter, and
for other purposes.
A bill to relieve Wm. B. Taylor, of the State of Florida,
nominated executor of Henry L. Taylor, deceased, from
legal disability on account of his non-residence, and for
other purposes.
A bill to authorize all volunteers and other troops in the
service from this State to vote at all elections, without ref¬
erence to the place where tli€y may be in service at the
time of such elections, and for other purposes.
A bill to prevent the peddling of spirituous liquors in
the county of Jasper.
A bill concerning the Superior Courts of the county of
Cobb changing the existing law in relation thereto.
Mr. Gibson moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill to encour¬
age the improvement of stock in this State, which was
agreed to.
On motion said bill was taken up and laid on the table
for the balance of the session.
On motion the Senate adjourned till 3 o'clock, P. M.
276
JOURNAL OF THE SENATE,
AFTERNOON SESSION.
3 o'clock, P. M
On motion leave of absence was granted to the Senators
from 30th and 2d districts for the balance of the session.
The rules being suspended, on motion the Senate took
up the following Senate bill, reported back to the Senate
with amendments, to-wit:
A bill to change the line between the counties of Chatta¬
hoochee and Talbot, so as to include the residence of Jas.
M. Lowe, in the county of Talbot. Also to change the
county lines between the counties of Early and Calhoun.
The amendment made by the House was concurred in.
Mr. Stafford offered the following amendment, which was
agreed to:
Sec. Be it further enacted faj the authority aforesaid: That
part of the plantation of Joseph A. Hill, consisting of lots of
land numbers* 232, 233, 23G, 272, 273, 274, 317, 31S, and
3] 9, in the fourth district of Calhoun county be, and the
same are hereby annexed to the county of Early. Add to
caption of bill " also between the counties of Early and
Calhoun."
The report as amended was agreed to. The bill as amend¬
ed was passed.
The rule being suspended, on motion the Senate took up
severally the following bills from the House of Representa¬
tives, as the report of the committee of the whole:
A bill to be entitled an act to authorize and require his
Excellency the Governor to draw his warrant on the Treas¬
ury of this State in favor of the widow of A. J. Boggess,
late Surveyor General, for the sum of four hundred and
four dollars and eighty cents, and for other purposes.
The report was agreed to. The bill was read the third
time and passed.
A bill for the relief of Abner Hern, of Wilkes county,
and Wesley Sheffield of Early county, and to appropriate
money for the same.
The report was agreed to. The bill was read the third
time and passed.
A bill to prevent Attorneys at Law who fail to pay their
professional tax from practicing in the Courts of this State.
Mr. Gordon offered the following amendment: To insert
after the word " cause" " or fails to pay his said taxes."
The report as amended was agreed to. The bill was read
the third time and passed.
A bill to authorize John H. Wiley to draw the education-
FRIDAY, DECEMBER IStii, 1S61. 277
fund of Habersham county, and pay tlie same to the
oard of Education of said county.
The report was agreed to. The bill was read the third
me and passed.
A bill to allow the Commissioners of Spring Place to issue
etail license therein and ,to punish for a violation of this
ct.
^ The report was agreed to. The bill was read the third
ime and passed.
A bill to authorize the Superintendent of the Western &
Atlantic Rail Road of this State to issue change bills, and
or other purposes.
The report was agreed to. The bill was read the third
ime and passed.
A bill to alter the Great Seal of the State of Georgia.
The report was agreed to. The bill was read the third
;ime and passed.
A bill to legalize the action of the Palace Mills Company
of Columbus in issuing change bills.
The report was agreed to. The bill was read the third
time and passed.
A bill to prevent citizens from other States from driving
sattle or other stock into the counties of Murray and Fan¬
nin, in the State of Georgia, for the purpose of grazing,
and to punish for the same.
The report was agreed to. The bill was read the third
time and passed.
A bill to legalize the adjournments of the Superior
Courts of the co-unties of Habersham and Banks.
The report was agreed to. The bill was read the third
time and passed.
A bill to authorize Joseph H. Brown to prescribe for the
cure of dropsy, and collect his fees for the same. On mo¬
tion this bill was indefinitely postponed.
A bill to prescribe the proof in certain cases of open
accounts in the several Courts of this State.
The report was agreed to. The bill was read the third
time and passed.
A bill to legalize the orders and judgments of Ordina¬
ries of this State where the same may be passed by them
beyond the limits of the same.
The report was agreed to. The bill was read the third
time and passed.
A bill to incorporate the Confederate Fire and Marine
Insurance Company of Atlanta.
Mr. Hansell offered the following amendment, which
was agreed to.
" Strike out all of the 7th section after the words "shall
be forfeited," and insert the words "every stockholder
27S
JOURiNAL OF THE SENATE,
shall be liable to the creditors of said Company upon all
the debts and contracts of said Company to the amount of
his or her stock."
The report as amended was agreed to. The bill was-
read the third time and passed.
A bill to incorporate in the State of Georgia an Insu¬
rance Company to be called the Great Southern Insurance
Company.
The report was agreed to. The bill was read the third
time and passed.
The following Message was received from the House of
Representatives by Mr. Carrington, their Clerk.
Mr. President: The House of Representatives has passed
the following bills of the Senate, to-wit:
A bill to be entitled an " act to anjend an act passed De¬
cember 12th, 1859, entitled an act to incorporate an insu¬
rance company, to be called the Georgia Home Insurance'
Company."
Also, a bill of the Senate "to incorporate in the State of
Georgia an Insurance Company, to be called the Great
Southern Insurance Company," with amendments thereto,
in which they ask the concurrence of the Senate.
The following Message was received from the House of
Representatives, by Mr. Carrington their Clerk:
Mr. President: I am directed by the House of Represen¬
tatives to inform the Senate that they hav,e adopted the
following resolution, in which they ask the concurrence of
the Senate, to-wit:
A resolution authorizing the unfinished business of this
session to be in order for transaction at the next session of
this General Assembly, and I am directed to transmit the
same forthwith to the Senate.
The following bills from the House of Representatives
were severally read the second time :
A bill to amend the tenth section of an act entitled an
act to amend the several acts of this General Assembly in
regard to the election of Public Printer, approved Feb. 16,
1S54.
A bill to incorporate the town of Cusseta, in the county
of Chattahoochee, approved Dec. 22d, 1S55.
A bill to authorize the Ordinary of Towns county to
turn over to the Chairman of a relief committee of said
county a balance of educational fund.
A bill to be entitled an act for the relief of David Dyer,
Thomas Hollis, Lester Markham, John Huff and James W.
Burnsides, and other purposes.
FRIDAY, DECEMBER 13th, 1SG1. 279
A bill to protect the rights of Malachi Jones and Thomas
Hardee, of the county of Brooks in certain lakes on their
land. J
A bill to levy and collect a tax for the political year 1862,
and for other purposes.
On motion said bill was referred to the Committee on
Finance.
A bill to exempt plaintiffs and defendants from paying
verdicts and confession in bills of cost in the Superior and
Inferior Courts of Scriven county.
A bill to charter the Macon Insurance Trust and Loan
Company, and to confer on said Company certain rights,
powers and privileges.
A bill to alter the revenue laws of this State, and for
other purposes.
A bill to alter and fix the time of the meeting of the
General Assembly of the State of Ge.orgia.
A bill to authorize proceedings by injunction against
any person or persons engaged in the managing, conduct¬
ing, or drawing of Lotteries in this. State, and for other
purposes.
A bill to allow secondary proof and testimony in cases
where copy wills, deeds and other papers cannot be pro¬
cured, and for other purposes.
A bill to provide for the election of District Treasurers
of the common school fund in the county of Dawson, and
to prescribe the manner of distributing said fund, and for
other purposes.
A bill to amend an act to compensate the Sheriff of
Burke, Elbert and DeKalb counties, for their services in
summoning Grand and Petit Jurors in said counties respec¬
tively, assented to Dec. 23d, 1836.
A bill to add an additional section to the Tenth Division
of the Penal Code.
A bill for the protection of soldiers against judgments
in certain cases.
A bill to alter and amend a portion of the 8th section of
an act in relation to the town of Athens, assented to Dec.
22d, 18-57.
A bill to confer upon John E. Morgan, Jesse McLenden
and others, their associates and successors the right to con¬
duct the business of banking upon the terms therein ex¬
pressed.
A bill to authorize married women to deposite money in
any Savings Bank or institution now chartered, or which
may hereafter be chartered, &c.,
A bill to authorize and empower James Bozeman and
William Jordan to peddle without license in their Congres¬
sional Districts except counties therein named.
A bill to repeal an act to compel persons non-residents
JOURNAL OF THE SENATE,
«>f the counties of Wilcox, Wayne and Irwin owning, pen¬
ning and grazing stock cattle in said counties aforesaid,
assented to Dec. 19th, 1S59, so far as relates to the county
of Wilcox.
A bill to define tlie manner in which suits may be insti¬
tuted against Insurance Companies in this State, and to
prescribe the manner in which service shall be effected
wpoa them.
A bill to provide for the compensation of Grand and
iPetit Jurors of the Superior and Inferior Courts of Elbert
«tnd Taliaferro, and to repeal all former laws providing for
■the same.
A bill to compensate managers of elections in the coun¬
ties of Chattahoochee and Whitfield.
.A bill for the relief of certain tax payers, &c.
A bill to authorize the Ordinary of White county to pay
C. H. Kytle for teaching poor children in the county of
White.
A bill for the better government of free negroes and
slaves in the towns of Louisville and Clarksville.
A bill to amend an act to approve, endorse and make of
force in the State of Georgia, a revised Code of Laws, &c.,
assented to Dec. 19, 1SG0.
A bill to continue an Eclectic Board of Physicians and to
locate the same in the town of xlthens, Georgia.
A bill to authorize and empower the Justices of the In¬
ferior Courts of this State to discharge criminals or offend¬
ers against the law from jail in certain cases, and also to
discharge defendants in certain cases, approved Dec. 29,
1S-57.
A bill to authorize the Justices of the Inferior Courts
and Ordinaries of the several counties to appoint some fit
and proper person to open and adjourn such Courts in the
absence of the officer to do so.
A bill to authorize the removal of Timber Cutters' Bank.
3Ir. Harris, Chairman of the Committee on Agriculture,
presented certain resolutions to the Senate, which had been
referred to said Committee, but which had not been acted
on, for the reason that said Committee thought action there¬
on, owing to their subject matter, would be productive of
no good, and begged that the Committee be discharged
from any further consideration thereof; which motion was
agreed to.
On motion the Senate adjourned till 7 o'clock, P. M.
FRIDAY, DECEMBER 13th, 1S61. 2S1
7 o'clock, p. m.
The Senate met according to adjournment.
Hon. Weir Boyd in tlie Chair.
The Senate took up so much of the message of the House
)f Representatives as relates to a resolution respecting the
disposition of unfinished business at the close of the ses¬
sion.
Mr. Kiljen moved to postpone said resolution indefinite¬
ly, which motion did not prevail.
Mr. W are moved to la}*- said resolution on the table for
the present, which motion was lost.
Mr. Stafford moved to adopt said resolution, which mo¬
tion was lost.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled, signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate,
An act to authorize John TV". Wiley to draw the educa¬
tional fund of Habersham county, and pay the same to the
Board of Education of said county,
An act to legalize the orders and judgments of Ordinar¬
ies of this State, where the same may be passed by them
beyond the limits of the State.
An act to authorize and require his Excellency the Gov¬
ernor to draw his warrant on the Treasury of this State in
favor of the widow of A. J. Boggess, late Surveyor General,
for the sum of five hundred and four dollars and eighty
cents, and for other purposes.
Au act to prescribe the proofs in certain cases of open
accounts, in the several Courts of this State.
An act to authorize the commissioners of the town of Spring
Place, in the county of Murray, to issue license for the re¬
tail of spirituous liquors, and to fix the amount of the li¬
cense for the same, and to punish for selling without li¬
cense.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled, and ready for the signature of the
President of the Senate—
An act to incorporate an Insurance Company in the city
of Savannah, to be called the Southern Insurance Company.
An act to authorize the Receiver or Receivers appointed
under the sequestration act of the Confederate States to
brino- suits on all claims of alien enemies sequestrated in
any of the Courts of this State, and to maintain all suits
which are now pending in any of the Courts, and for other
purposes.
2S2
JOURNAL OF THE SENATE,
An act to authorize the city Council of Augusta to fix the
salary of the Judges of the City Court of said city.
An act to make valid the doings and actings of Augustus
B. Raiford and Sterling Glover, as Deputy Sheriffs of the
county of Sumter.
An act to amend the act approved lltli December, 1S5S,
to compel the Judges of the Superior Courts of each Cir¬
cuit in the State to hold adjourned terms in every county
within their Circuit, where the business requires, until the
docket is cleared, and for other purposes.
An act to provide for the appointment of new Assignees
and Trustees, in certain cases.
An act to make valid the proceedings of the Justices of
the Inferior Court of Richmond county, and providing for
the indigent families of absent soldiers, and to authorize"
said Justices to raise money for that purpose.
An act to authorize the Georgia Mutual Insurance Com-
pany.
An act to prevent during the existing war, monopolies,
and speculation in breadstufFs, and other articles of general
use and consumption, and to make such acts criminal, and
to provide penalties for the same.
An act to amend an act entitled an act to authorize the
settlement of criminal prosecutions in certain cases, and
regulate more particularly the duties of the Attorney and
Solicitor General, and fix their liabilities—approved Febru¬
ary 22d, 1S50.
An act to incorporate the Cotton Planters' Bank of Geor¬
gia, to give steadiness to the value of cotton, to make it
available as the basis of a sound circulating medium for the
relief of the industrial interests of the country, and at the
same time to enable the planters to control their own cot¬
ton until the blockade now attempted to be enforced is re¬
moved, to guard the planters against an unavoidable neces-
situous sale of their cotton at less than remunerating pri¬
ces, and against sacrifices alike detrimental to their inter¬
est consequent upon their being forced to draw upon and
accept inadequate advancements upon their crops, paying
heavy commissions, interests, insurance, and storage, ruin¬
ous to the producers of this great Southern staple, and for
other purposes.
An act to amend the several laws heretofore passed in¬
corporating the city of Rome, in the county of Floyd, and
to enlarge the powers of the City Council of the city of
Rome, in relation to granting of license to retail and sell
liquors.
An act to prevent the peddling of spirituous liquors in
the counties of Jasper, Burke, Whitfield, and Scriven.
An act to authorize all volunteers and other troops in.
the service from this State to vote at all elections without
FRIDAY, DECEMBER 13th, 1S61.
283
regard to tlie place where they may be in service at the
times of such elections, and lor other purposes.
. An act to amend an act entitled an act to incorporate the
city of Americus, and to alter and amend an acf to incor¬
porate the town of Americus in the county of Sumter.
An act to amend an act passed December 12th, 1S59,
entitled an act to incorporate an Insurance Company in the
city of Columbus, to be called the Georgia Home Insurance
Company.
An act to relieve Wm. B. Taylor, of the State of Flori¬
da, nominated executor of Henry L. Taylor deceased, from
legal disability, on account of his non-residence.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President:—The House of Representatives have con¬
curred in the Senate amendments to the following Home
bills to-wit:
A bill to be entitled an act to prevent attorneys at' law
who fail to pay their professional tax, from practicing in
the Courts of this State.
A bill to be entitled an act for the relief of Abner Hern,
of the county of Miller, and Wesley Shuffield, of the coun¬
ty of Early, and to appropriate money for the same ;
And have refused to c6ncur in the Senate's amendment
to a substitute of the House for a Senate bill to be entitled
an act to repeal so much of an act passed in the ~year
1S50, adding lot of land No. 6, to Talbot county, and to
change certain county lines, and for other purposes, and
respectfully ask the Senate to recede from the same.
The following message was received from his Excellency
the Governor by Mr. YVaters his Secretary to-wit :
Mr. President:—The Governor has approved and signed
the following acts, to-wit:
An act to relieve certain persons from the pains and dis¬
abilities of a judgment of divorce.
An act to direct and empower the Inferior Court of Stew¬
art county to levy, collect, and disburse an extraordinary
tax, fdr the support of the indigent families of such sol¬
diers as have gone, or may hereafter go into the service of
the Confederate States or the State of Georgia, and to ap¬
point commissioners to disburse said tax, and to legalize
the orders or judgment which levied such extraordinary tax
for the year 1861, and provide for the collection of the
same.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: — The House of Representatives has
passed the following bill of the Senate, to-wit:
284:
JOURNAL OF THE SENATE,
A bill to be entitled an act for the relief Solomon New-
some, of Lowndes county, and for other purposes; and I am
directed to transmit the same to the Senate forthwith.
The rule being suspended, the Senate took up as the re¬
port of the committee of the whole,
A bill to incorporate a bank in the city of Savannah, to
be called the Bank of the Cotton Planters Convention of
the State of Georgia.
On motion said bill was laid upon the table for the pres¬
ent.
On motion, the resolutions from the House on the State
of the Republic, were taken up and' agreed to.
Also, House resolutions declaring Georgia's right of orig¬
inal proprietory interest and title.
Also, House resolution memorializing Congress to estab¬
lish a weekly mail line between certain points in Georgia.
The rule being suspended, the Senate took up Senate
resolution respecting the disposition of the unfinished busi¬
ness at the close of the session, which, on motion, was in¬
definitely postponed.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives have
passed the following bills of the Senate, which I am direct¬
ed to transmit forthwith to the Senate, to-wit:
A bill to be entitled an act for the relief of Moses Form-
by, of the county of Floyd, a school teacher under the acts
in relation to common schools.
A bill to be entitled an act to amend an act entitled an
act to provide for the public defence, and for other pur¬
poses, assented to December 17th, 1S60.
A bill to be entitled an act to legalize and make valid
the sale by herself of a certain free woman of color therein
named, into a state of slavery.
The House of Representatives has also concurred in the
amendment of the Senate, with an amendment thereto, to
a, bill of the House of Representatives, entitled an act to in¬
corporate the Confederate Fire & Marine Insurance Com-
Dany of Atlanta.
REPORT OF COMMITTEE ON FINANCE.
The Committee on Finance of the Senate and House of
Representatives have, through sub-committees, examined
nto the condition of the Comptrollor General's and Treas-
irer's offices, and have instructed me to report thje balan-
es and cheeks all properly kept, and that the Executive
warrants and vouchers in the Treasury Department are all
atisfactory.
(Signed) M. W. LEWIS, Chairman.
FRIDAY, DECEMBER 13th, 1S61. 285
REPORT OF COMMITTEE ON BANKS.
The Committee 011 Banks have had referred to them, at '
various times during this session, a number of bills propos¬
ing to increase the banking capital of this State by the
charter of an additional number of banks. Your committee
have generally refrained from any recommendation upon
the subject, contenting themselves with the addition of
proper clauses in all the charters referred, and reserving
the privilege of individual action upon the general policy
of increasing the banking capital.
■Your committee, however, have had before them the re¬
ports of the several banks to the Executive, which -disclose
the existence of a banking capital so much larger than is
generally supposed, that your committee believe it will be
a matter of general interest and public utility to place on
the Journals the following summary, carefully prepared
from official documents.
They therefore recommend that this roport, together1
with the summary hereto appended, be spread upon the
Journals of the Senate.
Respectfully submitted,
GEORGE A. GORDON,
Chairman.
The entire Bank Capital returned to the Executive De^
partment, $12,781,973 48
Add to this, banks in existence which
have made no return -535,550 00
$13,317,523 48
By charters now in existence, the Cap¬
ital may be increased 4,416,800 00
$17,734,320 48
which is the entire public Banking Capital.
The entire circulation. $S,152,870 34
Specie 1,767,082 76
5,000,000.00 additional circulation, your committee is
informed, has been issued since the above report, for the
use of the Confederate States. If this be so, the total cir¬
culation is $13,152,870 34
By the charter of most ot the Banks, they are permitted
to issue three dollars for every one of capital paid in.
The circulation of the present Banks may, therefore,
$53,202,970 44
2SG
JOURNAL OF THE SENATE,
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk, to-wit:
Mr. rresident:—The House of Representatives have con¬
curred in certain amendments of the Senate to a bill of the
House entitled
A bill to provide for raising a revenue for the political
year 1862, and to appropriate money for the support of
the Government during said year, and to make certain spe¬
cial appropriations, and for other purposes.
The House has also concurred in certain other amend¬
ments of the Senate, with amendments thereto, to said bill,
» in which they ask the concurrence of the Senate, and have
disagreed to certain amendments of the Senate to said bill,
from which they respectfully ask the Senate to recede.
The rule being suspended, the Senate took up the mes¬
sage of the House of Representatives as relates to the bill
to provide for raising a revenue for the political year 1S62,
and to appropriate money for the support of the Grovern¬
ment during said year, and to make certain specific appro¬
priations.
The Senate adhered to its amendment, adding sections
17, 20, 21.
The Senate concurred in House amendment, adding pro¬
viso to the 19th section.
Also, in House amendment, striking out in the section
making appropriations for commissioners from Georgia to
divers States, "three hundred," and inserting in lieu there¬
of the words "two hundred."
Pending the consideration of said bill, on motion the
Senate adjourned till o'clock to-morrow morning.
SATURDAY, DECEMBER 14th, 1S61,)
9j o'clock, a. m. 5
The Senate met according to adjournment, and was
opened with prayer by the Rev. Mr. Boyd.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives have pass¬
ed the following bills of the Senate, to-wit:
A bill to be entitled an act to prescribe the bond of the
Tax Receiver and Collector, and for other purposes.
Also, a bill to be entitled an act to prevent tradin°* with
the enemy in time of war, either in this State or a port of
any other State.
SATURDAY, DECEMBER 14th, 1SG1. 2S7
A bill to be entitled an act for the relief and protection
?! !111<^ property of the minor children of Stephen
McLride, of Haralson county.
A bill to amend an act assented to 19th day of Decem¬
ber, 1SG0, in relation to the road laws of Camden county.
Also, to repeal an act entitled an act to authorize the In¬
ferior Court of Early county to levy a road tax, approved
December 13th, 1S60.
A bill to be entitled an act to authorize Elmira Mathews,
a free person of color to sell herself into perpetual slavery.
A bill to be entitled an act to incorporate the Direct Tra¬
ding & Navigation Company of Georgia, and for other pur¬
poses.
Also, a bill to be entitled an act to legalize tlie proceed¬
ings of G. J. Green clerk of Ordinary in Spalding county.
Also, a bill to be entitled an act to incorporate the Town
Creek & Ralston's Branch Hydraulic Hose Mining Company.
Also, a bill to be entitled an act for the relief of the sev¬
eral banks in the State of Georgia, which have made advan¬
ces to the State upon bonds or other contracts, and for oth¬
er purposes.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives have pass¬
ed the following bills of the Senate, to-wit :
A bill to be entitled an act to provide for the safety of
property or funds in the hands of guardians, administrators
and administratrixes.
A bill to be entitled an act to add an additional section to
the Penal Code of Georgia.
- A bill to be entitled an act to repeal an act entitled an
act to authorize and require the Justices of the Inferior
Court of Decatur county to order the payment of the Su¬
perintendents, Clerks, and those who consolidate returns of
elections of said county for. their services, assented to De¬
cember 16, 1S57.
REPORT OF COMMITTEE ON FINANCE.
The Committee on Finance have considered the bill re¬
ferred to them to be entitled an act to levy and collect a tax
for the political year 1S62, and for other purposes, and rec-
emmend that the same be amended by striking out the
words " six hundred thousand" and inserting in lieu thereof
"one million," and that said bill thus amended do pass.
(Signed) M. W. LEWIS, Chairman.
The rule being suspended on motion the Senate took up
the following bills, severally, from the House '
A bill to be entitled an act to authorize the Ordinary ot
2SS
JOURNAL OF THE SENATE,
Towns county to turn over to the chairman of a Belief Com¬
mittee of said county a balance of Educational fund.
The report was agreed to, the bill was read the third time
and passed.
A bill to add an additional section to the tenth Division
of the Penal Code.
Mr. Gordon offered the following amendment, which was
agreed to:
Amend caption by inserting after the word " tenth " the
words "and 13th Division " of the Penal Code.
Be it further enacted, That from and after the passage of
this act the following section shall be added to the 13th Di¬
vision of the Penal Code, to-wit: That if any slave or free
person of color shall wilfully destroy or in any manner hurt,
damage, injure or obstruct, or shall aid and assist in any
way whatever to hurt, injure or obstruct any rail-road in
this State, or any branch thereof, or any bridge connected
therewith, or any vehicle, edifice, car carriage or engine of
any of said rail-roads or shall without the consent of the
1 company move or in any way interfere or meddle with any
gate, switch, sideling or other appurtenance to any such
rail-road such slave or free person of color so offending shall
and may be indicted and on conviction shall be punished
with death.
The Judiciary Committee to whom was referred certain
bills ask leave to make the following report, to-wit:
A bill to be entitled an act for the relief of William Er¬
nest, of the county of Polk, with the recommendation that
the same do pass.
Also, a bill to be entitled an act to provide for the ap¬
pointment of a Compiler of the Laws, with a recommenda¬
tion that the same do not pass.
On motion the Senate took up the bill for the relief of
William Ernest in said report named.
Mr. Jackson offered the following amendment which was
lost:
Strike out the whole sum to be paid, and insert in lieu
thereof " the grant fee be paid as required in said bill with
interest, &c., and no more.1'
The report was agreed to.
On the question shall this bill pass ? the yeas and nays
were recorded, and were yeas 19, nays 10.
Those who voted in the affirmative were—
Messrs. Boyd, Brown, Dyer, Fletcher, Fnrlow, Gaston,
Gibson, Gordon, Griffin, Hansell, Harris Hill, Jamison, Kil-
len, Seward, Smith, Swearingen, Vason, Ware, Wright.
SATURDAY, DECEMBER 14th, 1SG1. 2S'J
Those who voted, in the negative are—
Alexander, Beasley, Bell, Bothwell, James Milliard, Jack¬
son, Kendall, Lane, Mosely, Stephens, Winn.
Yeas 19, nays 11. So the bill was passed.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives has passed
the following bills of the "Senate, with amendments there¬
to, in which they ask the concurrence of the Senate, to-wit:
A bill to be entitled an act to amend an act incoqioratmg
theBank of Fulton.
A bill to be entitled an act to exempt practising physi¬
cians and millers in the county of Jefferson from road and
jury duty, and for other purposes.
A bill to be entitled an act to settle conflicts of the Code
of this State with the acts of the last General Assembly, and
for other purposes.
The Senate took up, severally, as the report of the com¬
mittee of the whole the following bills from the House of
Representatives:
A bill to alter the revenue laws of this State, and for oth¬
er purposes therein named.
The report was agreed to ; the bill was read the third
time and passed.
A bill to authorize the removal of Timber Cutters Bank.
The report was agreed to; the bill was read the third
time and passed.
A bill to provide for the appointment of a Compiler of
the Laws.
The Judiciary Committee to whom this bill was referred
reported adversely to its passage.
The report was agreed to, and the bill was lost.
A bill to levy and collect a tax for the political year 1862,
and for other purposes.
The Committee on Finance to whom this bill was refer¬
red reported the same back to the Senate with an amend¬
ment, and recommended that said bill as amended do pass.
The amendment reported by said Committee was agreed
to.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate resumed the consideration of the unfinished
business of the last adjournment, to-wit:
A bill to provide for raising a revenue for the political
year 18G2, and to appropriate money for the support of the-
Government during said year, and to make certain special
appropriations, and for other purposes.
Mr. Lewis moved to concur in the amendment of the
House of Representatives in the nature of a proviso to the
19
JOURNAL OF THE SENATE,
Senate amendment of the report of the Committee of Con¬
ference, striking out the word " one " and inserting in lieu
thereof the word " five " before the word " millions."
Which proviso is as follows :
Provided, That the Governor of the State be and he is
hereby authorized and instructed to tender to the Confede¬
rate Government the volunteer forces called into service
under the law of 1860, or which may hereafter be called
into service for the State defence, in companies, battalions,
regiments, brigades, or divisions, as may be iound to be ac¬
ceptable to the War Department of the Confederate States;
Provided, That the Confederate States will receive them for
the term of their enlistment, and for local defence in this
State, under the act of Congress to provide for local defence
and special service, approved on the 21st day of August,
A. D. 1861; And provided further, That if the Confederate
authorities shall not accept said troops in that event the
troops shall remain in service as State troops under the
terms of their enlistment; And provided farther, That such
tender shall be made so far as the troops now in the State
service are concerned before any of said appropriation shall
be raised or expended except one million of dollars.
On the question of concurring in said amendment the
yeas and nays were recorded and were yeas 14, nays IS.
Those who voted in the affirmative were—Messrs.:
Alexander, Bell, Bothwell, Boyd, Dyer, Fletcher, Han-
sell, James Hilhard, Jamison, Lane, Lewis, Mosely, Ste¬
phens, Yason.
Those who voted in the negative were—Messrs.:
Beasley, Brown, Furlow, Gaston, Gibson, Gordon, Grif¬
fin, Harris, Hill, Jackson, Kendall, Killen, Seward, Smith,
Swearingen, Ware, Winn, Wright.
Yeas 14, nays IS. So the proviso of the House was not
agreed to.
Mr. Gordon offered the following amendment:
, Sec. —. And be it further enacted, That the further sum of
one hundred thousand dollars be and the same is hereby ap¬
propriated for the relief of the unfortunate sufferers by the
calamitous fire in Charleston, South Carolina, and that the
Governor be authorized to tender said amount for the above
purpose to the Governor of South Carolina, with the sin¬
cere sympathies of this General Assembly in the misfortune
of their seaport city.
Which amendment was taken up and passed by a Consti¬
tutional majority, the yeas being 26, and the nays being 4.
Those who voted in the affirmative were—Messrs:
Alexander, Beasley, Bothwell, Boyd, Brown, Dyer, Flet-
SATURDAY, DECEMBER 14th, 1S6L 291
C-her,T?iU,rl°rV' GaRt(,»»Gihsou. Gordon, Griffin, Ilansell, Har¬
ris, Mill James Hilhard, Jamison, Kendall, Killen, Lane,
Mosely, Seward, Smith, Swearingen Vason, Winn.
Those who voted in the negative were—Messrs.:
Bell, Jackson, Stephens, Wright.
Messrs. Lewis and Ware were excused from voting.
So the amendment was passed by a Constitutional ma¬
jority.
The following message was received from His Excellency
the Governor by Mr. Waters, his Secretary, to-wit:
Mr. President: I am directed by His Excellency the Gov¬
ernor to deliver to the. Senate a communication in writing,
with accompanying document.
Message from the Executive with accompanying docu¬
ments :
Executive Department, >
Milledgeville, Ga., December 13th, 1SG1. }
To the General Assembly:
I have the honor to lay before you for consideration, a
series of resolutions adopted by the Legislature of the State
of Tennessee, and transmitted to me by the Governor with
the request that they be laid before your honorable body.
(Stgned) JOSEPH E. BROWN.
JOINT RESOLUTIONS
to take steps to open the ports of the south to the
commerce of the world.
Resolved by the General Assembly of the State of Tennessee,
That as the sense of this Legislature, the following propo¬
sitions are submitted for the consideration of the Planters
of the South, and all whom it may concern :
1st. That the present cotton crop of the Southern States
is, to at least two of the leading powers of Europe a nation¬
al necessity.
2nd. That, as under present circumstances, it seems im¬
probable that this crop can be disposed of, the planting of
another will place two crops on hand for sale at once.
3rd. That the purchase of these two crops by the Euro¬
pean Powers above referred to will give them a supply for
two years, so that at any time when about to purchase the
third crop, and having one year's stock to run upon, and
the planter being unable to hold liis third crop until they
are compelled to buy, they will have it in their power to
dictate the price and terms of sale.
292
JOURNAL OF THE SENATE,
4tii. That on the other hand, the European Powers be¬
fore mentioned having exhausted their present supply and
another crop not being raised when those Powers come into
the market to buy as they mvst and ivill, if we adopt this
policy, the planters holding the great staple, which is a ne¬
cessity to them, they will not only be compelled to binj, but
also to pay a remunerative price.
5tii. The armies of the South cannot subsist on cotton,
but must have bread and meat, and while the interest of
the Cotton Planter calls to him to plant no more cotton
than will supply the home consumption, patriotism imper¬
atively demands that his whole force should be turned into
those channels in which he can contribute to the wants and
wastes of a war of which none can predict the end.
Gth. That the vital interests herein involved may be sub¬
mitted to the enlightened judgment of the South, the Gov¬
ernor of this State is requested to forward forthwith a copy
of these resolutions to the President of the Confederate
States, who is herein requested to submit them to Congress,
and also to the several Governors of the Confederate States
who are herein requested to submit them to their respective
Legislatures when convened.
(Signed) EDWIN A. KEEBLE,
Speaker of the House of Representatives.
EDWIN S. CHEATHAM,
Speaker of the Senate.
Adopted November 30th, 3S61.
REPORT OF COMMITTEE ON AGRICULTURE.
Resolved, The House concurring, 1st. That in the opin¬
ion of this General Assembly, the disinterested spirit of fra¬
ternity and regard for the common welfare breathed in the
resolutions of the State of Tennessee, now under considera¬
tion, is worthy of all admiration and of all emulation.—
We would assure the General Assembly of Tennessee, and
through that body the people of the State, that the people
of Georgia warmly reciprocate the kind spirit so manifest,
not only in the resolutions, but in all the acts of Tennessee
towards her sister Confederate States. To the other Con¬
federate States of America we also take occasion to extend
the friendly greetings of Georgia ; we would assure them
that while we honor Tennessee for the sagacity as well as
patriotism of the proposition under consideration, we, and
the people we represent, sincerely cherish for each of them
the warmest sentiments of admiration and amity—a common
cause, a common destiny, the common suffering of our sol¬
diery in the field, side by side with each other, keep us all
continually reminded that ire arc brdhnn.
Resolved 2d. The proposition of Tennessee meets the hear¬
ty concurrence of our judgment and we recommend the poli-
SATURDAY, DECEMBER 14th, 1S61. 293
cy therein set forth to the careful consideration of every
planter in Georgia.
Resolved 3d. That the resolutions of Tennessee be enter¬
ed on our Journal together with these resolutions, and the
Governor is hereby requested to transmit these Resolutions
to the Governor of Tennessee, with a request that he deliv¬
er the same to the General Assembly of that State.
(Signed) B. T. HARRIS, Chairman.
The following message was received from the House of
Representative? by Mr. Carrington, their Clerk:
Mr. President: The House of Representatives have pass¬
ed the following bills of the Senate which I am directed to
transmit forthwith to the Senate, to-wit:
A bill to be entitled an act to regulate foreign exchange.
Also, A bill to be entitled an act for the relief of Sumner
W. Baker and Soloman B. Smith, executors on the estate of
Benjamin Lane deceased, late of the county of Lowndes.
Also, a bill to be entitled an act to make effectual the
second section of the fourth article of the Constitution of
the State of Georgia, and to prescribe more fully the mode
by which the rights and disabilities of parties in action of
divorce shall be determined.
A bill to be entitled an act to authorize continuance of
causes pending in the Superior and Inferior Courts and City
Courts of this State during the war, in certain cases.
A bill to be entitled an act to abolish imprisonment for
debt on certain conditions herein set forth, and for other
purposes, assented to December 11th, 1S-5S.
A bill to be entitled an act to suspend the statute of limi¬
tations, and for other purposes.
The House of Representatives has also concurred in the
amendment of the Senate to a bill of the House to be enti¬
tled an act to levy and collect a tax for the political year
1862, and for other purposes.
The House of Representative^ has also concurred in the
amendments of the Senate to a bill of the House of Repre¬
sentatives to be entifcitled an act to add an additional sec¬
tion to the tenth Division of the Penal Code.
The House of Representatives has also adopted "resolu¬
tions to take steps to open the ports of the South to the
commerce of the world," in which they ask the concurrence
of the Senate.
The following message was received from His Excellency
the Governor by Mr. Waters, his Secretary, to-wit:
Mr. PresidentI am directed by his Excellency the Gov¬
ernor to deliver to the Senate a communication in writing :
294
JOURNAL OF TIIE SENATE,
Executive Department, >
Milledgeville, Georgia, Dec. 14th, 1SG1. 5
To the General Assembly :
I have learned with painful regret that a large portion of
the city of Charleston, in our noble sister State, is destroy¬
ed by fere. This is a calamity which is not confined to
South Carolina, but is common to vis all. The individual
suffering resulting from it, must be very great. Large num¬
bers of the poor of that noble city are deprived ol all they
posssessed, and are left without home or shelter, while oth¬
ers of larger means have been reduced to poverty in a sin¬
gle day.
This misfortune has befallen them at a time when they
are threatened by sea and land by a powerful and relentless
enemy- No doubt the Legislature of their own State will
do aW in their power for the relief of the sufferers ; but
with the other heavy burdens now pre&siug upon South Car¬
olina in common with her Southern sisters, I think it proper
that each should consider the calamity as a common one,
and that each should do something for the relief of the
sufferers. Humanity combines with fraternal relations in
making this our duty. Had the calamity befallen Savan¬
nah or any other city of Georgia, I doubt not our sister
State would have been the first to come to the assistance
of the sufferers.
I recommend that an appropriation of one hundred thou¬
sand dollars, or such other sum or sums as you may deem pro¬
per, be immediately made and placed at the disposal of the
Governor of South Carolina, for the reliefofthe suffering poor
of the city of Charleston, whose sufferings have been pro¬
duced by the conflagration.
(Signed) JOSEPH E. BROWN.
The Senate took up, severally, the following bills from
the House of Representatives as the report of the commit¬
tee ofthe whole,
A bill to confer upon John E. Morgan, Jesse McClendon,
and others, their associates and successors, the right to con¬
duct the business of Banking upon the terms therein ex¬
pressed.
The report was agreed to.
On the question of the passage of the bill the yeas and
nays were recorded, and were yeas 16, nays S.
Those who voted in the affirmative were :
Messrs. Alexander, Beasely, Bell,Bothwell, Brown, Dye"
Furlow, Gaston, Griffin, Hansel], Harris, Jamison, Mosely,
Seward, Swearengin, Vason.
SATURDAY, DECEMBER 14th, 1801. 29-5
Those wlio voted in tlie negative were :
Messrs. Boyd, Gordon, Hill, James Hilliard, Jackson,
Killen, Lewis, Stephens.
Yeas 16, ^ nays 8. So the bill was passed by the Consti¬
tutional majority of two-thirds.
A bill to authorize and empower James Bozeman and
William Jordan to peddle without license in their Congres¬
sional district, except counties therein named.
Mr. Kendall offered to amend said bill by striking out the
county of Harris, which was agreed to.
The report as amended was agreed to ; the bill was read
the third time ahd passed.
A bill to amend an act to incorporate the town of Cusse-
ta in the county of Chattahoochee ; approved December
22d, 185 .
The report was agreed to ; the bill was read the third
time and passed.
A bill to alter and fix the time of the meeting of the Gen¬
eral Assembly of the State of Georgia.
Mr. Lewis offered the following amendment, which was
agreed to :
Strike out "Tuesday" and insert ''Thursday."
The report as amended was agreed to ; the bill was read
the third time and passed.
A bill to authorize married women to deposit money in
any Savings Bank or Institution now chartered, or which
may hereafter be chartered by this State, and for other pur¬
poses therein mentioned.
The report was agreed to ; the bill was read the third
time and passed.
A bill to amend and act to be entitled an act to compen¬
sate the Sheriffs of Burke, Elbert and DeKalb counties, for
the'r services in summoning Grand and Petit Jurors in said
counties respectively ; assented to December 23d, 1836.
The report was agreed to ; the bill was read the third
time and passed.
A bill to authorize proceedings by injunction against any
person or persons engaged in the managing, conducting or
drawing of Lotteries in this State, and for other purposes.
The report was disagreed to, and the bill was lost.
A bill to provide for the election of District Treasurers
of the common school fund in the county of Dawson, and to
describe the manner of distributing said fund, and for other
purposes.
The report was disagreed to, and the bill was lost.
A bill to alter and amend the tenth section of an act enti¬
tled an act to amend the several acts of the General Assem-
296
JOURNAL OF THE SENATE,
bly in regard to the election of Public Printer ; approved
February 16, 1S54.
The report was agreed to; the bill was read the third
iime and passed.
A bill to protect the rights of Malichi Jones and Thom¬
as Hardee, of the county of Brooks, in certain lakes on their
lands.
The report was agreed to ; the bill was read the third
time and passed.
A bill to exempt plaintiffs and defendents from paying
verdicts and confession in bills of cost in the Superior and
Inferior Courts of Scriven county.
The report was agreed to ; the bill was read the third
time and passed.
A bill to charter the Macon Insurance Trust and Loan
Company, and to confer on said Company certain rights
powers and privileges.
The report was agreed to ) the bill was read the third
time and passed.
A bill to alter and amend a portion of the Sth section of
an act in relation to the town of Athens ; assented to De¬
cember 22d, 18-57,
The report was agreed to ; the bill was read the third
time and passed.
A bill to allow secondary prQof and testimony in cases
where Copy Wills, Deeds, and other papers cannot be pro¬
cured, and for other purposes.
The report was agreed to ; the bill was read the third
time and passed.
A bill for the relief of certain Tax Payers, &c.
On motion, said bill was infinitely postponed.
A bill to compensate managers of elections in the coun¬
ties of Chattahoochee and Whitfield.
The report was agreed to ; the bill was read the third
time and passed.
A bill to provide for the compensation of Grand and Pe¬
tit Jurors of the Superior and Inferior Courts of Elbert and
Taliaferro, and to repeal all former laws providing for the
same.
The report was agreed to ; the bill was read the third
time and passed.
A bill to define the manner in which suits may be insti¬
tuted against Insurance Companies in this State, and to pre¬
scribe the manner in which service shall be effected upon
them.
The report was agreed to; the bill wTas read the third
time and passed.
A bill to repeal an act to compel persons non-residents
of the counties of Wilcox, Wayne, and Irwin, owning pen¬
ning and grazing stock-cattle in said counties aforesaid, as-
SATURDAY, DECEMBER 14th, 1SG1. 297
sented to December 19th, 1S-39, so far as relates to the coun¬
ty of Wilcox.
The report was agreed to; the bill was read the third
time and passed.
A bill to authorize the Justices of the Inferior Courts and
Ordinaries of the several counties, to appoint some fit and
proper person to open and adjourn such Courts in the ab¬
sence of an officer to do so.
The report was agreed to; the bill was read the third
time and passed.
A bill for the protection of Soldiers against judgments in
certain cases. *
The report was. agreed to ; the bill was read the third
time and passed.
A bill to regulate the collection of Jury fees in the Su¬
perior and Inferior Courts of the counties of Talbot, Chat¬
tahoochee, Putnam, Habersham, Polk, Bibb and Dougherty.
The report was agreed to ; the bill was read the i.iird
time and passed.
A bill for the relief of Thomas Dyer, Thomas Hollis,
Lester Markham, John Huff, and James W. Burnsides, &c.
The report was agreed to ; the bill was read the third
time and passed.
A bill for the better government of free negroes and
slaves in the towns of Louisville an(l Clarksville.
The report was agreed to ; the bill was read the third
time and passed.
A bill to amend an act to approve, endorse and make of
force in the ^tate of Georgia a revised Code of the laws,
&c. ; assented to December 19, 1SC0.
Mr. Gordon offered the following amendment, which was
agreed to :
Strike out "1st July, 1861," and insert in lieu thereof,
"1st January, 1863."
The report as amended was agreed to; the bill was read
the third time and passed.
A bill to authorize the Ordinary of White county to pay
C. H. Kytle for teaching poor children in the county of
White.
The report was agreed to ; the bill was read the third
time and passed.
A bill to authorize and empower the Justices of the In¬
ferior Courts of this State to discharge criminals, or offenders
against the law, from jail in certain cases, and also to dis¬
charge defendants in certain civil cases.
The report was agreed to ; the bill was read the third
time and passed.
The Senate took up the message from the House relating
to an amendment by the Senate, to the bill to alter and
293
JOURNAL OF THE SENATE,
make uniform the present Statutes of this State, in regard
to payment of Grand and Petit Jurors, and for other purpo¬
ses ; and of the refusal of the House to concur in said amend¬
ment, and requesting the Senate to recede therefrom.
On motion, the Senate receded from said amendment.
The following message was received from the House of
Representatives,, by Mr. Carrington, their Clerk:
Mr. President: The House of Representatives have rece¬
ded from all the amendments, upon which the Senate in¬
sists, to "a bill to provide for raising a revenue for the politi¬
cal year 1SG2, and to appropriate money for the support of
government during said year, and to make certain special
appropriations, and for other purposes therein named ex¬
cept the proviso of the House to the amendment of the
Senate, which appropriates five million of dollars as a mili¬
tary fund , upon which proviso the House of Representa¬
tives insist and ask for a committee of Conference thereon,
and have appointed as such committee, on the part of the
House, Messrs. Cabaniss, Brown of Coweta, M|oore of Thom¬
as, Cochran of Wilkinson, and Lester; and ask the appoint¬
ment, on the part of the Senate, of a committee to conter with
the committee of the House.
Mr. Bothwell of the enrolling committee, reports as du¬
ly enrolled and signed by the Speaker of the House of Rep¬
resentatives, and ready for the signature of the President of
the Senate,
An act to alter the Revenue laws of this State, and for
other purposes therein mentioned.
An act to add an additional section to the tenth and
thirteenth divisions of the Penal Code.
An act for the relief of William E. West, of the county
of Polk.
An act to levy and collect a Tax for the political year
1862, and for other purposes.
An act to authorize the removal of Timber Cutters Bank,
and for other purposes.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: The House of Representatives have adop¬
ted the following resolution, in which they ask the concur¬
rence of the Senate, to-wit :
Resolutions recommending the Planters of this State to
reduce the quantity of the cotton crop, &c.
Mr. Dyer, Chairman of the Committee on Enrollment,
reports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, the following bills of the House
of Representatives, to-wit:
SATURDAY, DECEMBER 14th, 1861. 299
An act to prevent citizens of other States from driving
cattle or other stock into the counties of Murray and Fan¬
nin, m the State of Georgia, for the purpose of crazing, and
to punish for the same.
An act to alter the great Seal of the State of Georgia.
An act for the relief of Abner Hern, of Miller county,
and Wesley Shuffield, and Wm. J. Bush, of Early county,
and to appropriate money for the same.
An act to legalize the adjournment of the Superior Courts
of the counties of Habersham and Banks.
An act to legalize the action of the Palace Mills Com¬
pany of Columbus, in issuing change bills.
Also, an act to prevent attorneys at law who fail to pay
their professional tax from practicing in the Courts of this
State.
Also, an act to authorize the Superintendent of the West¬
ern & Atlantic Railroad of this State to issue change bills,
and for other purposes.
Mr. Dyer, chairman of the Committee on Enrollment, re¬
ports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of the
President of the Senate :
Resolutions on the state of the Rupublic.
Resolutions declaring Georgia's ancient permanent right
and original propriatory interest and title in and to all the
lands within the limits of the State.
Resolution requesting our Senators and Representatives
in Confederate Congress to have a certain mail right estab¬
lished in this State.
Also, an act to incorporate the Confederate Fire & Ma
rine Insurance Company of Atlanta.
An act to be entitled an act to authorize the Ordinary of
Towns county to turn over to the Chairman of a Relief
Committee of said county a balance of educational fund.
Mr. Dyer. Chairman of the Committee on Enrollment,
reports as duly enrolled and ready for the signature of the
President of the Senate—
An act to add an additional section to the Penal Code of
Georgia.
An act to authorize Elmyra Matthews, a free person of
color, to sell herself iuto perpetual slavery.
An act to provide for the safety of property or funds in
the hands of Guardians, Administrators, or Administratrix.
An act for the relief of the several banks in the State of
Georgia, which have made advancements to the State upon
bonds or other contracts, and for other purposes.
An act for the relief and protection of the rights and pro-
300
JOURNAL OF THE SENATE,
perty of the minor children of Sophia McBride, of Haralson
county, Georgia.
An act to amend an act assented to the 19th day of De- ,
cember, 1SG0, in relation to the road laws of Camden coun¬
ty.
Also, to repeal an act entitled an act to authorize the In¬
ferior Court of Early cpunty to levy a road tax, approved
December 13th, 1S59.
An act to repeal an act to authorize and require the Jus¬
tices of the Inferior Court of Decatur county to order the
payment of the Superintendents, Clerks, and those who
consolidate returns of elections of said county, for their
services, assented to December lGtb, 1857.
An act to amend an act entitled an act to provide for the
public defence, and for other purposes, assented to Decem¬
ber 18th, 1S60.
An act to prevent trading with the enemy in time of
war, within this State, or a port of any other State.
An act to incorporate the Direct Trading & Navigation
Company of Georgia, and for other purposes.
An act to prescribe the bond of Tax Receiver and Col¬
lector, and for other purposes.
An act to incorporate the Town Creek and Ralston
Branch Hydraulic Hose Mining Company.
An act for the relief of Moses Formby, of the county of
Floyd, a school teacher under the acts in relation to com¬
mon schools.
An act to legalize the proceedings of J. G. Green, Clerk
of the Ordinary of Spalding county.
An act concerning the Superior Courts of the counties of
Lumpkin and Cobb, and changing the existing laws in re¬
lation to thereto, and to change the time of holding the Su¬
perior Courts of the county of Towns, and also to change
the time of holding the Superior and Inferior Courts of the
county of Milton, and to legalize processes returned to the
said Courts.
An act for the relief of Solomon Newson, and for other
purposes.
An act to incorporate in the State of Georgia an Insur¬
ance Company, to be called the Great Southern Insurance
Company.
An act to exempt practicing physicians and millers in
the county of Jefferson from military duty, and for other
purposes.
An act to amend an act incorporating the Bank of Ful¬
ton.
An act to settle the conflicts of the Code of this State
with the acts of last General Assembly, and for other pur¬
poses.
On motion the Senate adjourned until 3\ o'clock, P. M.
SATURDAY, DECEMBER 14tii, 1SC1. 301
Afternoon Session, 3£ o'clock, p. m.
The Senate met according to adjournment.,
The following message was received from the House of
Representatives, by Mr. Car rington their Clerk, to-wit:
Mr. President.: The House of Representatives have passed
the following bills of the Senate, to-wit :
A bill to be entitled an act to provide for the reduction
of the salaries of the officers and. emyloyees of the Western
& Atlantic Railroad.
A bill to be entitled an act more effectually to organize
the Georgia Institution for the education of the Deaf and
Dumb, and for other purposes.
A bill to be. entitled an act to authorize Guardians, Trus¬
tees, Executors, and Administrators, to invest in Confeder¬
ate States bonds and in land and negroes.
Also, a bill to be entitled an act to incorporate the Geor¬
gia Telegraph Company, with an amendment, in which
they ask the concurrence of the Senate.
Also, a bill to be entitled an act to authorize the Justices
of the Inferior Courts to issue bonds and borrow money in
certain cases, with an amendment, in which they ask the
concurrence of the Senate.
The House of Representatives have also concurred in the
amendment of the Senate to the following bill of the House
to-wit:
A bill to be entitled an act to authorize and empower
James Bozeman and William Jordan to peddle without li¬
cense in the third Congressional District, except counties
therein named.
The rule being suspended, the Senate took up the mess¬
age of the House announcing its adherance to an amend¬
ment to the general appropriation bill, and that the House
had appointed a committee of conference on the matter of
difference between the two houses respecting said amend¬
ment, and requesting the Senate to appoint a like commit-
mittee :
Mr. Gordon offered the following resolution which was
adopted:
Resolved, that a committee of three be appointed by the
President of the' Senate to confer with the committee of
conference appointed by the House to consider the disagree¬
ment between the two houses on the subject of the appro¬
priation bill.
The President appointed as said committee on the part of
the Senate—
Messrs. Gordon, Yason, and Harris.
302
JOURNAL OF THE SENATE,
The Senate entered upon the consideration of the unfin¬
ished business of the last adjournment, to-wit:
A bill to constitute an Electic Board of Physicians, and
to locate the same in the town of Athens, Georgia.
Mr. Kendall offered the following amendment, which
was lost:
And be it further enacted by the authority of the same, That
hereafter, any individual in this State, male or female—
white, Indian, or free negro,—be-allowed to practice medi¬
cine according to any system, or no system, for the cure of
disease, and that he or she be and is hereby authorized to
charge and collect fees for the same : Provided, That he or
she pay into the public Treasury an annual tax of five dol¬
lars.
The report was agreed to.
On the question, Shall this bill pass? the yeas and nays
were recorded, and were yeas 10, nays 11.
Those who voted in the affirmative were—
Messrs. Alexander, Bell, Boyd, Brown, Fletcher, Fur-
low, James Hilliard, Jackson, Lane, Lewis, Mosely, Ste¬
phens, Wright.
*
Those who voted in the negative were—
Messrs. Bothwell, Gaston, Gibson, Griffin, Hill, Jami¬
son, Kendall, Smith, Swearengin, Ware, Winn.
Yeas 13; nays 11. So the bill was passed.
The Senate took up the message of the House announc¬
ing amendments to Senate bills, and requesting the concur¬
rence of the Senate therein :
A bill to incorporate the Georgia Telegraph Company.
On motion the House amendments to said bill was con¬
curred in.
A bill to authorize the Justices of the Inferior Courts to
issue bonds and borrow money in certain cases.
On motion the House amendment to said bill was con¬
curred in.
The Senate took up, read, and adopted the joint resolu¬
tion recommending to the planters of this State to reduce
the quantity of the cotton crop.
Mr. Boyd offered the following resolution, which was
adopted :
Resolved by the Senate and House of Representatives, of the
State af Georgia, That the Comptroller General be author¬
ized and requested to call upon the Presidents and Superin¬
tendents of the Georgia Military Institute, the Deaf and Dumb
SATURDAY, DECEMBER 14th, 1301. 303
Asylum, the Academy for the Blind, the Lunatic Asylum,
the Penitentiary, ai d "the "Western & Atlantic Railroad, and
ascertain the pay or salaries allowed each officer of tliese
Institutions, and that said Comptroller General hereafter
incorporate the same in his annual report.
REPORT OF COMMITTEE ON THE STATE OF THE
REPUBLIC.
The Committee on the state of the Republic, believing
it to be their duty to suggest any matter of interest to the
Republic, deem it a fitting conclusion to the labors of the
present sessien, that they recommend the passage of a res¬
olution expressive of the desire of this General Assembly to
establish a system of Direct Trade. A proffer of this na¬
ture made to Great Britain, or to France, exclusively, pow¬
erfully aided as it must be by the now exhausted stock of
cotton, tobacco, and naval stores in those countries, could
scarcely fail to induce them, one, or both, to ignore a
blockade, wThich the laws of nations and their own but re¬
cent treaties, have declared invalid, and of which they
must long ere this time have had, through their own Con¬
sular agents, the most ample proof.
The result of such a measure would be—
Firstly, to furnish us with abundant supplies of all such
goods as we most need now at European pi ices, and enable
us to realize full prices for our cotton, tobacco, and naval
stores, in exchange for them.
Secondly, to enable us to furnish the Northern States
with European goods at prices lower than could be afford¬
ed if imported via New York, and .at the same time dimin¬
ish the revenue of the Lincoln States.
Thirdly, to afford all our Railroads and other public con¬
veyances full employment in transporting these goods, and
the provisions to be received in exchange for them.
Fourthly, to convince the Western States that their true
interest is to obtain their foreign goods through these States,
and that the Confederate States will afford them the best
markets for their provisions, and that the protection which
New England exacts and increases from year to year for
her manufactures is injurious and destructive to all inter¬
ests, her own excepted.
Fifthly, to demonstrate to the Middle States, practically,
that the protective policy of New England is directly at
war with, and opposed to, their commercial and trading
interests, and especially ruinous to the great city of New
York.
Sixthly, to open the eyes of the people of New York to
the fact, that they are in perfect bondage to, and being sa-
304 JOURNAL OF THE SENATE,
crificed in all their highest interests to the selfish, "unjust,
and destructive policy of New England.
Seventhly, to create and build up a Direct Trade between
the Southern Confederacy and the nations of Europe, so
that in future, when our position is recognized among them,
we may buy and sell, barter and exchange, without the in¬
troduction of intermediate agents, who have hitherto en¬
grossed the most of the profits.
Eighthly, to require of the United States, at greatly in¬
creased expense, to increase her blockading force to prevent
the entrance of vessels and cargoes, whi,ch the enormous
profits of a single successful arrival would induce to en¬
gage in the trade.
Ninthly, to embroil the different powers, whose citizens
or subjects would engage in that enterprise sooner or later,
in inevitable hostility with the United States, and thus
cause a removal of the blockade, if not previously accom¬
plished by other means.
Tenthly, to attract the notice of all commercial men of
the United States to the suicidal policy of the war, and to
induce many of them to engage with their shipping in our
carrying trade.
Your committee, thereupon, recommend the passage of
the following resolution :
Resolved, That our Senators and Representatives in Con¬
gress be and they are hereby requested to urge the passage
of an act whereby the ports of the Confederate States
shall be opened freely to the commerce of the world.
(Signed) WILLIAM GIBSON,
Chairman.
On motion said resolution was taken up, read, and adopt¬
ed.
On motion, the resolution providing a mode of settlement
between the Comptroller General and Tax Collectors in re¬
lation to taxes belonging to alien enemies, was taken up,
read, and adopted.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives have
passed the following bills of the Senate, to-wit:
A bill to be entitled an act to authorize the connection
of the Railroad of the Savannah Albany & Gulf Railroad
Company, with the Railroad of the Central Railroad &
Banking Company of Georgia, by a track running through
or around the city of Savannah.
Also, a bill to be entitled an act to repeal an act to reg¬
ulate the agencies of Foreign Insurance Companies, and to
SATURDAY, DECEMBER 14th, 1SG1. 30-:
piovidefor the appointment of an Insurance Commissioner,
assented to December 12th,
Also, a bill to he entitled an act to prescribe the term of
office of the Judges of the Supreme Court of this State.
The House of Representatives have also concurred in the
Senate amendments to the following House bills, to-wit:
A bill to be entitled an act to alter and fix the time of
meeting of the General Assembly of the State of Georgia-
Also, a bill to be entitled an act to regulate the collec¬
tion of Jury fees in the Superior and Inferior Courts of the
counties of Talbot, Chattahoochee^ Putnam, Habersham,
Polk, Bibb, and Dougherty.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. Pres/dent: The House of Representatives have
adopted the following resolution, to-wTit:
A resolution providing a mode of settlement between the
Comptroller General and Tax Collectors in relation to tax¬
es oil lands belonging to alien enemies.
On motion the Senate adjourned till 7 o'clock, P. M.
7 o'clock, p. m..
The Senate met according to adjournment.
Report of the committee of conference on the general1
appropriation bill :
The joint committee of conference appointed to consider
the disagreements of the two Houses on the general appro¬
priation bill, take pleasure in reporting that they have
agreed, and recommend the following solution of the diffi-
culty :
They recommend that the House do recede from their
amendment to the Senate's amendment appropriating live
millions of dollars as a military fund, and that the House do
concur in said amendment of the Senate.
They further recommend that both Houses pass the ac-
, companying resolutions.
1 Respectfully,
GEORGE A. GORDON,
Chairman Senate ( om..
E. G. CABANISS,
Chairman House Com..
20
JOURNAL OF THE SENATE,
Resolved by the General Jlssahltly oj Georgia, That tl)G Go\-
*3-nor be and lie is hereby authorized and"instructed to ten-
. J.,;r xo the Confederate Government the volunteer forces
v into service under the law ot 1 SCO, or which may
-iicxeyfter be called into seryice for the State defence, in
^SGuipauies, battalions, regiments, brigades, or divisions, as
®Uiy be found to be acceptable to the War Department of
the Confederate States.
Provided, That the Confederate States will deceive them
■for the term of their enlistment, £tnd for local defence in
this State, under the act of Congress to pfovide for local de¬
face and special service, approved August 21, 1861: and
Provided, further, That if the Confederate States shall
root accept said troops, in that event, the troops shall re-
<- main in service as State troops, under the terms of their en¬
listment: and
Provided, further, That such tender shall be made, so far
-as the troops now in the State are concerned, before the
15th jday of January next, and before a greater sum than
one million of dollars is raised or expended, as provided for
in the section of the general appropriation bill: and
Provided, further, That none of said troops shall be trans¬
ferred to the Confederate service without their free consent
-first fairly obtained by companies, if organized in inde¬
pendent companies; by battalions, if organized as independ¬
ent battalions ; or by regiments, if organized in regiments.
Be it further resolved, That we earnestly recommend the
CViufederate Government to receive said State forces; should
they assent, with all their field and general officers ; and if
there be no law now authorizing such acceptance, we re¬
spectfully request our Senators and Representatives in Con¬
gress to urge the passage of a bill to effect so desirable an
vbjert.
On motion said report and resolutions were taken up,
'•eaS «ud adopted.
.Mr. Boyd offered the following resolution, which was
taken up, read, and adopted :
Resolved, by the Senate and House of Representatives, That
a joint committee of two from the Senate and three from
the Ehmse be appointed to inform the Governor that the
General Assembly is now ready to adjourn, and enquire
whether he has any further communication or message for
-either branch thereof. °
The President appointed as said committee on the part
the Senate—Messrs. Bo)rd, Mosely and Smith.
Mr. Bell offered the following resolution, which was taken
. ip, read, and unanimously adopted :
Resolved, unanimously, That the Senate tenders to the
SATURDAY, DECEMBER 14tii, 1SG1. 307
Hon. John Biiliips, President, their profolindest acknowl¬
edgments for the signal courtesy, impartiality, and ability,
with which he has presided over its deliberations during the
present session.
Mr. Bell offered the following resolution, which was tak¬
en up, read, aud adopted :
llcsolml, unanimously, That the Senate tenders to James
M. Mob ley, Esq., Secretary of the Senate, aud Hugh Moore,
Esq., his assistant, and their respective assistants, its
thanks, for their courtesy to th§ members thereof, and bear
cheerful testimony to the efficiency and fidelity with which
they have discharged their duties.
The Senate took up the message of the House respecting
an amendment of the House to the Senate resolution re¬
specting the reduction of freight on the Western & Atlantic
Railroad, and requesting the concurrence of the Senate in
the same.
On motion the Senate concurred in said House amend¬
ment.
The Senate refused to recede from its amendment to the
bill to alter and make uniform the present status of this
State in regard to the payment of Grand and Petit Jurors,
and for other purposes.
The House refused to concur, aud the Senate receded.
The Senate took up the House resolution, and agreed to
the same, instructing tke Governor of this State to trans¬
mit to the Governors of each of the Confederate States a
certain act of the present General Assembly.
Mr. Both well of the Committee on Enrollment reports as
duly enrolled and ready for the signature of the President of
the Senate—
An act to make effectual the second clause of the second
section of the fourth article of the Constitution of the State
of Georgia, aud to prescribe more fully the mode by which
the rights and disabilities of parties in actions of divorce
shall be determined.
An 'act to authorize guardians, trustees, executors and ad-
2iiinistrators to invest in Confedeiate States bonds, and in
lands and negroes. .
An act to authorize the Justices of the Inferior Court of
the counties of Floyd, Bartow, Chattooga, Decatur, Cobb
and Burke, or any other counties of the State to issue bonds
and borrow money in certain cases.
An act more effectually to organize the Georgia Institute
for the education of the Deaf and Dumb, and for other pur-
^°An act to repeal an act to regulate the agencies of for-
^ian Insurance Companies, and to provide for the appoint-
SOS
JOURNAL OF THE SENATE,
ment of an Insurance Commissioner, assented to 12th De¬
cember, 1S50.
Ail act; to i>rescribe the terms of office of the Judges of the
Supreme Court of this State.
Aixact to incorporate the Georgia Telegraph Company.
An act to authorize the connection of the Railroad of the
Savannah, Albany & Gulf Railroad Company with the Rail¬
road of the Central Railroad & Banking Company of Geor¬
gia to a track runuing through or around the City of Savan¬
nah.
Mr. Bothvtrll, of the Enrolling Committee, reports as du¬
ly enrolled and ready for the signature of the President of
the Senate—
An act to amend an act entitled an act to abolish impris¬
onment for debt 011 certain conditions herein set forth, and
for other purposes, assented to December 11th, 1S58.
An act to suspend the statutes of limitations, and for oth¬
er purposes.
A11 act to regulate foreign exchange.
A11 act to authorize the continuances of cases pending in
the Superior and Inferior Courts and City Courts of this
State, during the war in certain cases.
An act for the relief pf Sumner W. Baker and Solomon B.
Smith, executors on the estate of Benjamin Lane, deceased,
of the county of Lowndes.
An act to repeal so much of an act passed in the year
1850, adding lot of land No. 6, to Talbot county, and to
change certain county lines, and for other purposes.
Mr. Bothwell, of the Committee on Enrollment, reports
as duly enrolled and ready for the signature of the President
of the Senate.
An act to provide for the reduction of the salaries of the
officers and employees of the Western & Atlantic Railroad.
And also as duly enrolled, signed by the Speaker of the
House of Representatives, and ready for the signature of the
President of the Senate—
An act to authorize married women to deposit money in
any Savings Bank or Institution now chartered by this State
and for other purposes therein mentioned.
Mr. Bothwell, of the Committee 011 Enrollment, reports
as duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the Presi¬
dent of the Senate—
An act to provide for raising a revenue for the political
year 18G2, and to appropriate money for the support of the
Government during said year, and to make certain special
arwirrvvivi olinnc nnrl f r\»■ *-»nvy\Aonr. J
SATURDAY, DECEMBER Utij, 3 361. 309
Mi1- Bothwell, from th6 Committor on Enrollment, re-
poits as duly enrolled and ready for the signature of the
President of the Senate—
An act to alter and" make uniform the present statutes in
this State in regard to "the payment of Gfand and Petit Ju¬
rors of the counties of Decatur, Murray and Chatham, and
for other purposes.
Mr. Bothwell, of the Committee on Enrollment, reports
as duly enrolled, signed by the Speaker of the House of
Representatives, and rfeady ton; th,e sigpature of the President
of the Senate—
An act to charter the Macon Insurance, Trust & Loan
Company, and to confer on said Company certain rights,
powers and privileges.
Resolution requesting the Governor of this State to trans¬
mit to the Governors of each of the Confederate States a
certain Act of the present General Assemby of this State.
Resolution urging the members of the Confederate Con¬
gress. from Georgia to exert their influence to have the ports
of the Confederate States opened free of duty to all friend¬
ly nations, during the existence of the war between the Con¬
federate States and so called United States.
The following message was received from the House of
O O
Representatives, by their Clerk, Mr. Carrington, to-wit:
Mr. Presidf')if.: The House of Representatives have con¬
curred in the fallowing resolutions of the Senate, to-wit:
A resolution "requiring certain things to be done by the
Secretary of State.
A resolution in relation to Clerks department.
A resolution requesting the Governor to appoint two
persons to act with the Principal Keeper of the Penitentia¬
ry, to consider the propriety of classifying the convicts
therein, and report to the next General Assembly.
A resolution asking Congress to have Census takers paid.
A resolution relative to Resolutions from the State of
Tennessee.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk:
Mr. President: The House of Representatives have re¬
ceded from their amendment to the section in the " bill to
provide for raising a revenue for the political year 1S62, and
to appropriate money for the support of the Government
for said year, and to make certain special appropriations,
and for other purposes therein mentioned," appropriating
five millions of dollars as a military fund ; and have concur¬
red in the resolutions reported by the Conference Commit¬
tee in relation thereto.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
310
JOURNAL OF THE SENATE,
Mr. President: The House of Representatives lias con cur-
red in the resolutions of the Senate in regard to freight, on
the Western & Atlantic Railroad, with ail amendment there¬
to, in which they ask the ^fmcurreilce of the Senate.
The Housp has. also concurred in the amendment of the
Senate to the following bill of the House of Representatives,
to-wit:
A bill to be entitled an act to amend ati act to approve,
endorse and make of force in the %State of Georgia a revised
Code of Laws,, &e., assented to December 19th, 1SGQ.
The House of Representatives have also adopted the fol¬
lowing resolution, in \<Thich they ask the concurrence of the
Senate, to-wit:
A resolution requesting His lixcellency the Governor to
transmit to the Governors of each one of the Confederate
States a copy of " an act to prevent monopolies and extor¬
tion in this State," passed at the present session of the Gen¬
eral Assembly of this State.
The House of Representatives have passed the following
bills of the Senate, to-wit:
A bill to be entitled an act to alter and make uniform the*
present statutes of this State in regard to the payment of
Grand and Petit jurors, and for other purposes, with an
amendment in which they ask the concurrence of the Senate.
Also, a bill to be entitled an act to amend the charter of
the Dalton City Company, approved 23d February, 1S50.
The following message was received from the House of
Representatives by Mr. Carrington, their Clerk :
Mr. President: The House of Representatives have adop¬
ted a resolution appointing a joint, committee to wait on
his Excellency the Governor, and inform him that this Gen¬
eral Assembly is now ready to adjourn, and have appointed
as such committee, on part of the House, Messrs. Hook,
Bloodworth and Black.
The House of Representatives refuse to recede from their
amendment to a bill of the Senate to be entitled an act to
alter and make uniform the present Statutes of this State in
regard to the payment of Grand and Petit Jurors, and for
other purposes.
Mr. Bothwell from the committee on enrollment, reports
as duly enrolled and ready for the signature of the President
of the Senate,
A resolution providing a mode of ascertaining the pay
and salaries of each officer in the Georgia Military Institute,
I)eal and Dumb Asylum, the Academy for the Blind, Luna¬
tic Asylum, the Penitentiary, and Western and Atlantic
Railroad.
The following message was received from the House of
Representatives, by M;\ Carrington, their Clerk :
SATURDAY, DECEMBER 14th, 1SG1. Sill.
The House of Representativesliave adopts
a resolution authorizing certain books to be furnished to tlioL
count}7" of Dade.
ulr. Bothwell from the committee oil enrollment, reports
as uuly enrolled and ready for signature*, the followuig bills-
oi the House, to-wit:
A bill to provide for the compensation of Grand ancl Pe¬
tit Jurors ot the Superior and Inferior Courts of Elbert sjbi?
Taliaferro, and to repeal all former la\Ys providing for the?
same.
An act to regulate the collection ofjuiy fees m the Su¬
perior and Inferior Courts of the counties of Talbot, Chat¬
tahoochee, Putnam, Habersham, Bibb, Polk and Dougl>ex<~
ty.
An act to allow .secondary proof and testimony ia
where copy wills, deeds and other papers cannot be procur¬
ed, and for other purposes.
An act to repeal an act entitled an act to compel all per¬
sons non-residents of the counties of, Wayne, Irwin, aiscf
Wilcox, owning penning and grazing stock-cattle in said
counties, to return and pay taxes on the same, in the coun¬
ties aforesaid, assented to December 1.9fch, 1859, &o far as
relates to the countyof Wilcox.
An act to prevent any negro slave or free person of color-
living on any lot separate and apart from the lot o-n which
their owner, guardian, or employer, shall accutally re&s\3e
in the town of Louisville or Clarksville, and to prevent IVee.-
persons of color from hireing or having any negro slave m
their employment in said town, and to point out the man¬
lier in which all violations of this act shall be tried and pua~
ished, and the manner in which the fine money shall be dis¬
posed of.
An act to constitute an Eclectic board of Physicians,
to locate the same in the town of Athens, Georgia.
A act for the relief of David Dyer, Thomas Hollis, Les¬
ter Markham, John Huff and James W. Burnsides, and br¬
other purposes therein named.
Resolutions providing a mode of settlement between ibc-
Comptroller General and Tax Collectors, in relation to tax
on lands belonging to alien enemies.
An act to amend an act to incorporate the town of Cn.sse-
ta, in the county of Chattahoochee, approved Dec. 22, 15-:-5,.
An act to compensate managers of elections in this Stats.^
An act to amend an act to approve, endorse, and make ©f
force in flie State of Georgia, a revised Code of Laws f
assented to December 19th, 1800.
An act to alter and amend the tenth section of an act enti¬
tled an act to amend the several acts of the General Assemb?y
in regard to the election of Public Printer, approved Felv.
ruary 16 th, 1854.
JQURNAL OF THE SENATE,
An act to amend an act entitled an act to compensate
the Sheriffs of Burke, Elbert and PeKalb counties, for their
seryices in summoning Grand and Petit Jurors in the said
counties respectively.
An act to define the manner in which Suits may be insti¬
tuted against insurance Companies in this State, find to pre¬
scribe the maimer in which service shaU be effected upon
them.
An act to amend an act to authorize and empower the
Justices of the Inferipr C6urts of this State, to discharge
criminals or offenders against the law from jail in certain
cases, and also to discharge defendants in certain civil ca¬
ses, approved December 29th, 1S47.
An act to confer upon John E. Morgan, Jesse McClen-
don, and others, their associates and successors the right
to conduct the business of banking upon the terms therein
expressed.
An act to alter and fix the time of the meeting of the
General Assembly of the State of Georgia.
An act to exempt plaintiffs and defendants from paying
verdicts and confessions in bills of cost in the Superior and
Inferior Courts of Seriveu county.
An act entitled an act for the protection of soldiers against
judgments ill certain cases.
An act tp protect the rights of Malachi Jones and Thom¬
as Hardee, of the county of Brooks, in certain lakes on their
lands.
An act tp authorize the Justices of the Inferior Courts
and Ordinaries of the several counties to appoint some fit
and proper person to open and adjourn such Courts in the
absence of an.-officer to do so.
A resolution recommending the planters of this State to
xeduce the quantity of the cotton crop, &c.
An act to authorize the Ordinary of "White county, to pay
d. H. Kytle for teaching poor children in the county of
White.
An act to be entitled an act to empower James Bozeman
■and William Jordan, indigent invalids of Muscogee county,
to peddle without license within the bounds of their Con¬
gressional district, except counties therein named.
An act to alter and amend a portion of the Sth section of
an act in relation to the town of Athens ; assented to De¬
cember 22d, 1S57.
The following Message was received from the House of
J&epresentatives by Mr. Carrington, their Clerk, to-wit:
JSlr. President:—The House of Representatives have
•adopted a resolution appointing a joint committee to bring
up the unfinished business of this General Assembly, in
which they ask the concurrence of the Senate, and have
SATURDAY, DECEMBER 14th, 1861. 313
appointed as said committee on the part 6f the House,
Messrs. Trammell, Briscoe and Gresham.
The Senate took up the m^s^age of the House relating
to the furnishing the county of Dade with certain enumer¬
ated volumes of the Supreme Court Reports.
On motion said resolution was adopted.
REPORT OF COMMITTED TO WAIT ON HIS EX¬
CELLENCY THE GOVERNOR.
The committee appointed by the Senate to act in con¬
junction with p, committee of th6 House, to confer with th<
Governor, and inform him that the General Assembly ar<
now ready to adjourn ; and to enquire if he has any furtli
er message to communicate,—have performed that dutyanc
received reply, that he has no further message to lay befor<
either branch of the General Assembly.
The Senate took up the message of the House, respecting
a joint resolution appointing of a committee to compart
engrossed with enrolled bills, and requesting the Senate t(
appoint a like committee to act with the House committee.
On motion said resolution wTas concurred in.
The President appointed as said committee, on the par
of the Senate, Messrs. Swearengin, Smith and Harris.
Mr. Dyer, chairman of the committee on enrollment, re
ports as duly enrolled and ready for signature,
A resolution to furnish the county of Dade with certaii
books.
Mr. Hansell moved that the- Secretary of the Senate in
form the House of Representatives that th^ Senate is nov
ready to adjourn sine die ; which motion was agreed to.
Mr. Both well, of the Committee on Enrollment, report
as duly enrolled and ready for the signature of the Presi
dent of the Senate,
An act to amend the cherter of the Dalton City Compa
ny ; approved 23d February, 18-50. .
Also the following resolutions, to-wit:
Resolution asking Congress to have census takers paid.
Resolution requesting the Governor to appoint two per
sons to act with the Principal Keeper of the Penitentiarj
to consider the propriety of classifying the convicts therein
and report to the next General Assembly.
Resolution in regard to freights on the Western & Atlan
tic Railroad.
Resolution relative to the resolutions from the State o
Tennessee.
Mr. Bothwell, as chairman pro temof the committee or
enrollment, reports as duly enrolled and ready for signa
ture,
314
JOURNAL OF THE SENATE,
A resolution authorizing the Governor to tender to the
Confederate States the volunteer forces of the State of
Georgia.
The following message was received fropi the House of
Representatives (ay Mr. Oarrington, the^r Clerk :
Mr. President-I am directed by the House of Repre¬
sentatives to inform the Senate that they ,are now ready to
adjourn sine die.
Pursuant to d joint resolution of both Houses, the Sen-
adjourned sine die*
Of
f,
I
]
Diht
27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
39
20
21
22
23
24
25
2G
2S
29
30
31
32
33
34
APPENDIX, 315
4
TABLE
Pay and Mileage of the Members and Officers of the Senate
t the State Georgia for the session <f the (General Assem-
hj, beginning 6th November, and ending 14th December,
SGI.
Names of Senators.
John Billups, Pres. Senate,
George A. Cordop,
C. J. Fletcher,
Henry R. Fort,
John M. King,
Thomas Hilliard,
T. B. Griffin,
James L- Seward,
T. A. Swearingen,
S. S. Stafford,
D. A. Vason,
0. P. Anthony,
James Hilliard,
T. M. Furlow,
D. J.. JBotkweil, (oil com
mittee.)
John McRae,
John B. Wright,
J. A. Shewmake,
William Gibson,
M. W. Lewis,
B. T. Harris, (on commit¬
tee.)
D. N. Smith, (on commit¬
tee.)
G. A. Winn, (on commit¬
tee.)
S. D. lvillen, (on commit-
-tee.)
Wm. M. Brown,
J. B. Kendall,
William Moseley,
John R. Dyer,
L. M. Hill,
J. H. Echols,
John II. Patrick,
Wier Boyd,
Sam'l Stephens,
g. F. Alexander,
Fa|.
Ablegate.
234 00
4-0 00
274 00
195 00
74 80
269 80
195 00
82 40
277 40
195 00
112 00
307 00
195 00
140 00
335 00
195 00
100 00
295 00
195'00
137 00
332 00
195 00
82 40
277 4-0
195 00
82 00
277 00
195 00
7S 00
273 00
195 00
57 00
252 00
195 00
72 00
267 00
195 00
78 00
273 00
195 00
43 60
23S 60
300 62
46 40
247 02
195 00
40 00
235 00
195 00
24 00
219 00
195 0<)
40 00
235 00
195 00
64 00
259 00
195 00
16 00
211 00
210 00
8 SO
21S SO
210 00
6 00
216 00
2C0 62
22 00
222 62
200 62
31 60
232 22
195 00
44 00
239 00
195 00
40 00
235 00
195 00
40 00
235 00
195 00
16 00
211 00
195 00
32 00
227 00
195 00
31 20
226 20
195 00
62 00
257 00
195 00
60 00
255 00
195 00
66 00
261 00
195 00
60 00
255 00
316 APPENDIX.
Pay and Mileage of Senators—Continued.
Diat
i '
Names qf SeuatorB.
J
Pay.
'Milea?
Ajisrpgiitp.
35
A. J. Hansell,
195 00
64
00
259
00
36
Joseph H. Gaston,
195 00
52
00
247
00
37
Wm. P. Beasley,
195 00
76
00
271
00
38
Jam 6s M. Ware,
1^5 00
84
40
279
40
39
H. P. Bell,
] 95 00
72
40
267
40
40
*\ Y. Jamison,
ld5 00
93
20
288
20
41
James Simmons,
195 00
SO
00
275
00
42
Daniel R.Mitchell,
195 00
ss
00
283
00
43
John M. Jackson,
195 00
96
00
291
00
44
R. A. Lane,
195 00
109
60
304
60
Total-, $$,665 85. $'2.744 80 $11,410 66
OFFICERS QF SENATE.
James M. Mobley, (Secretary, 3,412 50
L. S. Stewart, Messenger, 234 00
T. R. Christian, Door Keeper, 234 00
Benj. F. Reese, Clk. Judiciary Committee, 195 00
4,075 50
Total paid to Senators and Oncers
of Senate of 3 861, 15,456 16
use
l.s-
>e/y
te.
00
00
so
00
00
00
00
40
00
00
20
00
00
00
00
00
00
00
60
60
00
00
80
SO
20
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
APPENDIX.
A TABLE
'uFay mid Mileage of the Members ami Officers oft
v-'prgsentatices oj the State of Georgia at the Gei
mb/y browning hth November and ending 1-ith 1
501.
V. Akin? Speaker,
l. P. Surrency,
\r. D. Williams,
i. H. Briscoe,
\ a. Moss,
ara'l. Sheats^
ames Griffin, ,
II R Washincftoil,
N. Whittle,"
). L. Smith,
V". H. Vanbrackel,
)avid Beasley,
L B. Gresham,
as. M. Reynoldsj
. W. McCord,
. W. Roberts,
I. J. Royall,
'. M. Cantrell,
L T. Burke,
?homas Duke,
j. N. Trammell,
). K. Mizell,
I. T. Gibson,t
?. M. Norwood,
G. Raiford,
). D. Dumas,
N. W. W. Fleming
iV. F. Mullins,
T". W. Adams,
vVm. Jackson,
r. L. Brown,
r. B. Key,
w. S. Tomlinson,
S[. B. Green,
3-. N. Lester,
Elisha Lott,
Henry Gay,
W". A. Martin,
R. S. Neal,
J. T. Brown,
Tollison Kirby,
Bartow,
Appling,
Baker,
Baldwin, com
Banks,
Bartow,
Berrien, com.
Bibb,
it
Brooks, com.
Bryan, com.
Bulloch,
Burke, com.
Butts-,
Calhoun,
Camden,
Campbell,
Carroll,
tl
Catoosa, com.
Charlton,
Chatham,
U
C&attahoochee
Chattooga,
Cherokee,
(C
Clarke,
a
dlay,
Clayton,
Clinch,
Cobb,
U
Coffee,
Colquitt,
Columbia,
Coweta,
234
195
19-5
210
195
195
20a
195
1£5
200
200
195
210
195
195
195
195
19/
195
195
210
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
185
195
77 00
112 00
' 06 SO
00 00
62 00
80 00
SO 00
14 40
14 00
92 00
73 20
58 00
40 00
40 00
34 00
66 00
140 00
60 60
85 60
85 00
102 00
92 00
74 SO
74 SO
63 20
100 00
72 00
76 00
40 00
40 00
72 00
4S 00
95 00
64 00
64 00
65 00
76 00
32 00
32 00
72 00
76 00
Jacob Lane,
R. H. Tatum,
Jas. L. Heard,
S18 APPENDIX.
Table of Pay and Milage of Representatives—Continued.
No,
te
42
43
44
45 J. P, Dickinson,
4G Reader Powell,
47 M. A- Candler,
4&H.M. Key,
49 S. L. Barbour,
50 J. W. High tower,
51 John S. Johnson,
52 T. R. Hines,
53 Robert Hester,
54 John Overstreet,
55'J. Patterson,
56 John Favour,
57 Gr. S. Black,
58 Z. B. Hargrove,
59 F. M. Hawkins,
60 A. W. Brawner,
61 C. A. Pitts,
62 Jno. J. Thrasher,
63 Ebenezer Fain,
64 Allen Kelley,
65 A. E. Cochran,
OOEklridge Barker,
67 James Freeman,
6S L. D. Carlton,
69 J. A. Jernigan,
70 T. P. Hudson,
71 L. A. McAfee,
72 J. H. Wyly,
73 H. W. Blake,
74 W. P. Smith,
75 G. W. DuBosq,
76 A. J. Lane,
77 R. F. Speight,
7S F. Hargett,
79 A. Gr. Jones,
80 J. E. Strickland,
81 R. H. Jackson,
82 B. L. Harper,
83 L. M Tye,
84 Levi Ezzell,
85 Gr. L. D. Rice,
86 0. H. Cook,
1
Counties.
Milt'afcft.
A.p£regat<4.
Crawford,
195
30 S<
) 225 SO
Dade,
195
IIS 8(
313 SO
Dawson,
195
86 0(
281 00
Decatur,
19-5
8S 0C
2S3 00
a
195
SS 01
283 00
DeKalb,
195
56 0C
251 00
Dooly,
195
44 00
239 00
Dougherty,
195
62 40
257 40
Early,
195
78 00
273 00
Echols,
195
110 00
305 00
1 Effingham,
195
68 00
263 00
Elbert,
195
40 00
235 00
Emanuel, com.
200
44 SO
244 SO
Fannin,
195
106 00
301 00
' Fayette,
195
50 00
245 00
Floyd,
195
SS 00
2S3 00
195
SS 00
2S3 00
Forsyth,
195
72 00
267 00
Franklin,
195
62 00
252 00
Fulton,
195
56 00
251 00
195
56 00
251 00
(xilmer,
lj)5
100 00
295 00
Glascock*
195
20 00
215 00
Glynn,
195
139 20
334 20
Gordon,
195
SS 00
2S3 00
«•
195
94 40
2S9 40
Green,
195
IS 00
213 00
U
195
14 00
209 00
Gwinett,
195
4S 00
243 00
u
195
64 00
259 00
Habersham,
195
74 00
269 00
Hall,
195
44 00
239 00
195
60 00
255 00
Hancock,
195
s SO
203 SO
it
195
10 40
205 40
Haralson,
195
76 00
27 L 00
Harris,
] 96
66 40
261 40
195
b2 00
247 00
H art,
195
60 00
255 00
Heard,
195
76 00
271 00
Henry,
195
50 00
245 00
u
195
50 00
245 00
Houston,
195
26 00
221 00
195
29 60
224 60
Irwin,
150
4S 00
198 00
APPENDIX. "J9
Table af Pay and Milccrg'G of Reprc.ienfat)C on tiniled.
R'T^'HontutivrR.
8?jJames Lindsay,
SSli. C. Griddins,
89 J. W» Burney, jr.
|B. S. Carswell,
'G. W. W. Snell,
B. Barron,
Rob't Robinson,
W. A. Jones,
90
91
92
93
94
95
96'J. E. Dill,
97 W. D. Howell,
981 J. J. Findlay,
99'
100
101
102
103
104
105
10G
107
108
109
110
111
112
111
114
115
116
117
118
>. Mallard,
[J. M. Owens,
VV. H. Felton,
G. H. Bird,
J. F. Rushin,
jj. J. Hussey,
J. A. Render,
|J. J. Swearingen,
J. W. Nesbit,
R. J. Bacon,
Edmund Dumas,
E. Gr. Cabaniss,
[A. Peterson,
Joseph Lemond,
R. McCamy,
J. A. L. Lee,
A. J. Robinson,
D. T. White,
Lewis Zachry,
P. M. Stephens,
Mia1 Smith,
119N.N. Beall,
120 E. W. Aired,
121 B. Henderson,
122 T S M Bioodwortli,
123 Jas. F. Dever,
124 B. N. Mitchell,
125 T. Gr. Lawson,
126 E. C. Ellington,
127 T. A. Bleckley,
12S O. P. Beall,
129 G. T. Barron.
130 "VVm. Schley,
131 !W. D. Stewart,
1 Jackson.
do
Jasper,,
{Jefferson,
Johnson,
[Jones,
Laurens,
;Lee,
Libert)",
Lincoln,
[Lowndes,
Lumpkin,
Mcintosh,
jMacon,
[Madison,
Marion,
[Meriwether,
do
Miller,
Milton,
Mitchell,
Monroe,
do
(Montgomery,
Morgan,
Murray,
Muscogee,
do
llvfe^vtoii,
do
[Oglethorpe,
do
Patilding,
Pickens,
Pierce,
Pike,
Polk,
Pulaski,
Putnam,
Quittman,
Rabun,
Randolph,
Richmond,
do
Schley,
Pay.
195
195
195
1951
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
195
105
195
195
195
195
195
195
195
195
195
195
195
] 95
195
195
195
195
195
195
40 00
40 00
14 40
24 00
32 00
S 40
28 00
52 00
92 00
84 00
140 00
73 00
108 00
3S 00
40 00
44 00
52 00
52 00
SO 00
G4 SO
63 SO
20 00
29 00
40 00
16 SO
104 00
5G 00
5G 00
32 00
28 00
24 00
32 00
72 00
79 00
112 00
3G 00
SS 00
32 00
S 40
68 00
SO 00
G2 40!
64 00
64 00
50 00
'
235 00
335 00
209 40
219 00
227 00-
203 40
223 00
247 00
2S7 00
279 00
335 00
268 00
303 00
233 00
235 00
239 00
247 00
247 00
275 00
259 80
25S SO
215 00
224 00
235 00
211 SO
299 00
251 00
251 00
227 00
223 00
219 00
227 00
2G7 00
274 00
307 00
231 00
2S3 00
227 00
203 40
263 00
275 00
257 40
259 00
259 00
245 00
320
APPENDIX.
Table of Pai} afid Mileage of Ilq>r(tMntatk-ri—ContiA»eJ.
RcprcupntatiwH,
132 E. Gros^,
133 James JLavetider,
134 T. R. Scott,
135 S. B. Walton,
130 J. W. C. Home,
137] W. J. fteese,
138 M. J. Mulkey,
139 W. B. Spain,
140 P. B. Monk,
141 A. D. Easoii,
142 W. J. F. Mitchell,
143,D. Cameron,
144'Dan. Lawhon,
145|P. E. Love,
146 B. B. Moore,
147 Geo. Smith,
148 N. L. Atkinson,
149 B. H. Bigham,
150,11. R. Slappey,
1511W. G. Butt,
152ljoel Matthews,
153'Adam Clements,
1541a. B. Culberson,
3 55'H. Haygood,
1561 A. B. Whitehead,
157L. W. H. Pittman,
1581E. Lazenby,
159IJ. S. Hook,
160 W. J. Irwin,
161 S.O. Bryan,
162 J. P. Beatty,
163 John J. Moore,
164 John Thomas,
165 W. J. Underwood,
166 Thos. Gibbs,
167 W. D. Walton,
168 R. J. Cochran,
169 ~
$criveu?
Spaulding^
Stewart,
do
Sumter,
do
Talbot,
do (com.)
Taliaferro,
Tatnall,
Taylor,
Telfair,
Terrell,
Thomas,
do
Towns,
Troup,
do
Twiggs,
Union,
Upson,
Walker,
do
Walton,
do
Ware,
Warren,
Washington,
do
Wayne,
Webster,,
White,
Whitfield,
do
Wilcox,
Wilkes,
Wilkinson,
Dan'l Henderson, Worth,
Total 327 49
OFFICERS OF THE HOUSE.
L. Carrington, Clerk. -
Jesse Oslin, Messenger, ... - -
B. H. Mitchell, Door Keeper, J
.Hitf.
AJilrafV'.
ntr.
JL95
5S OQ
253
00
195
32
00
227
00
]f)6
70
00
265
00
195
.71
60
' 260
60
195'
40
00
235
00
195
48
SO
243
so
195
44
40
239
40
200
46
00
246
00
195
32
00
227
00
195
72
(HI
267
00
195
32
00
227
00
195
- 42
00
237
00
195
5(5
00
25 J
00
195
SO
00
275
00
195
52
so
277
80
195
100
00
295
00
195
76
00
271
00
195
76
00
271
00
195
20
00
22 L
00
195
100
00
295
00
195
32
00
227
00
195
100
00
295
00
195
10S
00
253
00
}S)o
26
40
221
40
195
30
00
225
00
195
LOO
00
295
00
195
44
40
239
40
195
11
20
206
20
195
12
so
207
so
195
100
00
295
00
195
52
00
247
00
195
72
00
267
00
195
96
00
2f)l
00
195
96
00
291
00
195
52
00
247 '00
195
34
00
229
00
195
12
00
207
00
195
68
so
263
so
327 49 10,178 20 42,92
7 20
Pay and Mileage of Representatives,
Mambers and officers of Senate,
3,900 00
234 00
234 00
4,368 00
42,927 20
47,29ri 20
15,486 16
$62,^71 36
INDEX.
A.
ABSENCE.
Leave granted to
Mr. Gordon, 43 140
" Gibson, 51
" Mitchell, of Floyd, 56
" Hilliard, of Stewart, 55
" Furlow, 71 178
" Wright, 71
" Smith, 71
" Harris, 71
" Moseley, go
" Dyer, 80
" Winn, 80
" Killen, 80
'• Lewis, from the 19th District, 88
" Vason, 124
Messenger of the Senate^ 139
Mr. Bothwell, 147
" Swearingen, 163
" Patrick, 171
" Seward, 178
Committee on Lunatic Asylum, 1S2
Mr. Beasley, 191
" Griffin, 191
" Brown, 17S
<• Snewmake, 17S
Door Keeper, 178
Mr. Anthony, I90 239
" King, 207
" Stafford, 229
" Fort, 229
" Thos. Hilliard, 229
" McRae, 239
Committee of Conference, 250
Mr. Simmons, 254
Senators from 30th and 3d Districts, 276
21
INDEX.
ACADEMY—For the Blind,
Appropriate money for 166 186 193
ACCOUNTS—OPEN
Proving in Justices Court, 20$ 212 247 264
Proof in certain cases, 253 264 277
ADJOURNMENT.
7 40 43 47 51 56 66 71 80 82 88 94 97 108
112 118 124. 127 134 136 139 144 147 152 157
163 168 17.1 173 17S 183 190 195 198 200 202
203 209 210 212 228 229 232 239 244 248 250
254 263 270 272 275 280 286 30O 305
# Resolution relative to adjourning sine die
122 142 184 238 241 251
Eeport of committee on business before
General Assembly, 180
Adjourned sine die, 314
ADJUTANT & INSPECTOR GENERAL.
To fix and define the rank of 102 118 123 124
ADMINISTRATORS, EXECUTORS, GUARDIANS, &c.
S. W. Barker and S. B. Smith, Exrs., 102 145
Chas. H. Johnson, Admr. 60 70 88
Admr. of the late William Williamson, 88 94 102
Provide for safety of property in hands of 71
Admr. of J as. Connell, 77 125
Wm, B. Tay^r, Ex'r. 57 6S 78 275
Susan B. G. McGuire, Guard'n. S4 117 126
May invest in Confederate States bonds,
104 113 118 129
Admr. of ThoS. A-Hen, 77 117 143
Sophia McBride—minor children of 145
Admr. on th^ estate of Thos. Chivers, 110 166 1S7
Owen C. Pope, Ex'r', 178 1S6 228
Mrs. Margaret Dillon, Admr'xv 1S6 194 200
Designate the place of sales by, in Muscogee,
194 209 223
Jas. Pollard, Ex'r. ' 244 253 261
aid-
To Georgia Hospital Association, 166 185 194 242
To Charleston, S. C. 290
See " Appropriations."
ALEXANDER, HON* S. F.
From the 34th Senatorial District,
5 47 48 89 110 131
ALIEN ENEMIES.
Receivers to bring suits on claims of 40 44 59 61
Resolution relative to sale of land of 227
" " " taxes of 304
IJNDEX.
323
ANTHONY* HON. O. P.
From the 11th Senatorial District,
4 41 47 57 72 9G 119 235
APPENDIX.
Resolution relative to, 233
Mileage and per cfiem of members of the
General Assembly, 315
APPROPRIATIONS.
For State Troops, 158 154 176
" Georgia Hospital Association,. 166 185 194 242
" Ga. Academy for the Blind, 166 186 193
u Advance to Public Printer, 208 211 221
" Support of Government for 1862,
243 253 257 268 2S6 289
" Manufacture and purchase of arms, 243 252 261
" Extra compensation to J. H. Seals,
for publishing Code, 143 252 261
" Lunatic Asylum for 1881, 244 253 261
" " " 1S62, 243 253 264
" Widow of A. J. Boggess, 254 276
■" Resident Clergy, 258
" Clerk of Judiciary Committee, 258
" Professors of G. Military Institute, ( 258
" »A. Green & Co., ' 258
" A. N. Simpson, 258
» Wm. W. Boyd, 258
" Two additional State Cadets, 258
" Abner Hern and Wesley Sheffield, 25:3 264 276
" Commissioners appointed by Convention
of Georgia, " 268 286
" H. J. G. Williams, 269
» Military fund, 272 273 290
" Charleston, S. C. 290 #
ARMS—
Manufacture and purchase of 243 252 261
ATTORNEY & SOLICITORS GENERAL.
Regulate duties of 7 4 S7
W. W. Montgomery appointed Attfy. Gen'l. 177
ATTORNEYS AT LAW*,
Who fail to pay professional tax, 254 -65 276
ASYLUM.
lunatic—Committee on
Leave of absence granted to Committee on 182
Bill to appropriate money for, 1861, 244 253 261
« « 4« " " 1S62, 243 253 264
Report of Joint Committee on 245
pEAF & dumb—Committee on 48
More effectually to organize institution for
J S4 97 206
324
INDEX.
B.
BANKS AND THE PEOPLE.
Bill for the relief of, 40 53, 58, 61, 74, 86, 90 183, 188
BANKS.
Committee on, 47 285
Cotton Planters' Bank of Georgia—
to incorporate, 50 66 77 103 117 127 140 146*
For the relief of, ^rtd
the people, 53 5S 61 74 86 90 183 188
Northwestern Bank of Georgia, 76 117 130 158
Bank of Fultpn—amend act
incorporating, S3 118 130 157
Of Savannah may remove into the Interior, 94 99
Cherokee Insurance & Banking Co., 123 156 162 165<
Belief of, which have made advances
to State, 164 1S2 191
Bank of th6 Cotton ^Planters' Conven¬
tion, 172 195 199 284!
Authorize rerpoval of Timber Cutters'
Bank, 267 280 289-
John E. Morgan, J, McLendon, and
others, 26S 279 294*
Report of (jommittee on Banks, *
BEASLEY, HON. W. P.
From the 27th Senatorial
District, 5 47 48 75 S3 96 97 135.
159 1S2 191 200 205k
BELL, HON. H. P.,
From the 39^h Senatorial
District, 5 40 42 43 46 47 4S 53 55
69 76 S3 S5 91 96 97 119
12i 126 128 136 150 159
175 lS4 1S7 200 206 306 307
BILLUPS, HON. JOHN,
Elected President, 5
Thanks to, 306
BLIND—Academy for.
Committee on, 43
Appropriate money for, 166 1S6 193
BONDS. '
Inferior Court to issue in certain
cases> 14S 165 173 17S 1S5
Advances by Banks on State, 164 182 191
Tax Receiver and Collector in Richmond, 208 247
BOUNDARY.
Between Georgia and Florida, 99 22&
INDEX.
325
BOTHWELL, HON*. D. J.
rorn 14th Senatorial District, 4 47 45
BOYD, HON. WEIR.
From the 3£d Senatorial District, 5 6 45 47 48 51
58 63 89 102 121 138
139 151 155 162 174
180 200 202 209 252
302 306
BRIDGES.
Resolution relative to defending R. R., 69 122 124
BRIGADIER GENERALS.
Appointment of, .54
il confirmed by Senate, 66
BROWN, HON. W. M.
From the 24th Senatorial Dist., 4 5 6 41 48 56 64
67 70 88 S9 95 119
134 160 163
1 C *
CATTLE.
Non-residents to pay tax 011 in
Colquitt, 243 252 264
Prevent driving from other States into
Murray and Fannin, 253 265 277
Non-residents owning, in Wilcox, 257 267 2S0 296
CENSUS-TAKERS.
Resolution relative to paying, 231
CERTIORARI LAWS.
To amend, 225 230 235
CHANGE BILLS.
City Council of Augusta, issue, 4-8 55 64 81 137
Resolution relative to issuing, 57
Palace Mills, 251 254 265 277
Supt. of W. & A. R. R. may issue, 253 265 278
CHRISTIAN, T. R.
Elected Door-Keeper, 6
CHAPLAINS.
Committee to request ministers to act as,
Appropriations to pay resident Clergy, 258
T-i j t J 1 " u 2fi2
Pay declined by . 7°^
Resolution to provide for the Georgia troops, 76 187
" relative to appointing Rev. C. W.
Thomas,
CIRCUITS—JUDICIAL.
Macon—Hon, O. A. Lochrane appointed Judge, 177
]3lue Ridge—Hon. G. D. Rice, " " I77
Western—Hon. N. L. Hutchins, " " 177
Chattachoochee—Hon. E. II. "VYorrill, " 177
320 INDEX.
CIRCUITS—JUDICIAL—Continued.
"legalize adjournment of certain Courts
in Northern, 1S7
CITIES AND TOWNS.
See "Towns and Cities."
CITIZENSHIP.
- Prescribe the terms of, 137 1-57 179
CITY COURT.
Judges of Augusta, 42 44 56
Authorize continuauces in, S3 118 129
CLERKS.
Resolution to allow only certain, 6 46
Enrolling and Engrossing, -30 56 70
Of Courts longer time to qualify in certain.
cases, 59 69 73 85;
Of Superior Courts-*—costs in certain
cases, ' 119 156 160
Of Superior Courts, define duties of, 119 156 160
Consolidate offices of Clerk and Reporter
of Supreme Court, 156 160
Consolidate offices of Clerk of Superior
and Inferior Courts, in certain counties 20S 211 222
Consolidate Ordinary and Clerk of Infer¬
ior Court in Gilmer 20S 211 223
COAST DEFENCE.
Bill to provide foF the public
defence, 76 116 128 220 230 239 240 290
Message from Governor relative to 113 212
Conference Committee on, 244 24S 255 271
CODE.
Settle conflicts of, with acts of 1861, 151 167 183 1S5
Extra compensation to J. H. Seals
lor publishing, 243 252 261
Amend act of December 19, I860, 266 280 297
COMMON SCHOOLS.
Coofe r certain powers on Inferior Court
relative to, 156
Districts in Coffee, 243 253 264
J, II. Wyley draw fund for Habersham, 254 265 276
Pay C. H. Kytle for teaching, 266 2S0 297
District Treasurers in Dawson, 267 279 295
Fund of Towns county, 267 27S 28S
Moses Formby, of Floyd, 77 117 125
COMMISSIONERS.
To appropriate money to pay, 267 286
INDEX.
221
COMMISSIONERS—Continued..
A. R. \\Tright, commissioner to Maryland, 266 286
D. C. Campbell, " Delaware, 268 2S6
L. Benning, " Virginia, 268 286
bam'l Hall, " N. Carolina, 268 2S(*
H. P, Bell, " Tennessee, 268 2SG
W.C.Daniel, " Kentucky, 268 2SS
D.P.IIill, " Arkansas, 268 2SG
L.J.Glenn, Missouri, 568 28G
W. A. Vason, " Louisiana, 268 238
J. W. A. Sanford, " Texas, 268 2S6
COMPILER OF LAWS.
JBill to provide lor appointment of, 243 2-53 2S8 289
COMPTROLLER GENERAL.
Salary of, 141
Resolution relative to election of* 153
P. 'Thweatt elected, 16'9
To issue instructions to Tax Collectors, 227
Report the salaries of certain officers, 303
COMMITTEE.
To wait on th& President elect, &
To ask ministers to officiate as Chaplaiiis, 6
To inform Gov. that Gen'l Assembly is organized, 6
To convey election returns to House, 4f.
Joint—to wait on Governor elect, &c.y 42, 4$
To reporij rules, 43, 4G
On bill to incorporate Insurance Co. 45
Finance, to act as a joint o^ certain bills, 45
On Privileges and Elections, • 47
On Petitions, 47
On Enrollment, ' ^
On Journals, 47
On State of the Republic, 47, 303
On the Judiciary, 47,246,257
On Finance, 47, 73, 2S4, 267
On Internal Improvements, 47, 71
On Public Education and free Schools, 47
On Banks, _
On new counties and County Lines, 4/
On the Penitentiary *«■ _ ^
Report of said Committee,
On the Lunatic Asylum, ~i(
On the Military,
On Printing, _
On Deaf and Dumb Asylum,
On the Institute l'or the Blind, j-
Qn Agriculture,
Auditing Committee, ^
Engrossing " *S
328
INDEX.
COMMITTEE—Continued.
To make arrangements for Fast Day, 51, 72, 80
Joint—on reducing salaries, 67
Mr. Patrick added to Finance, &c„ 71
To wait on Messrs. Tucker & Clark, 80
Mr. Killen added to Com, on Military, 112
To examine into business of Gen'l Assembly, 143, 15G,
220
Joint on Great Seal of State, 153
Of Conference on Monopoly bill, 244, 249, 255
" " bill to provide for
th^ public defence, ^ 244, 24S, 255, 271
Of Conference on Appropriation bill, 301, 305
To inform Gov. that the General Assem¬
bly is ready to adjourn, 300, 313
To bring up unfinished business, 313
CONFEDERATE STATES SENATORS.
Resolution to bring on election of, 52, 84, 88, 89
Election of, 104
Hon. B. H. Hill elected, 105
" Robt. Toombs elected, 10$
CONSTITUTION.
15th clause 1st Article, to carry into effect, 76, 118
2d clause, 2d Sec., 4th Art., 102^, IIS, 128, 136, 145
4th <• 1st " 3d " 102,117, 160
Resolution declaring Judicial offices va¬
cated by adoption, of new, 194, 22£
CONSOLIDATION.
Of Sec'y of State,, Surveyor General and
Librarian, 4S, 55, 74, 87, S9
Of Sec'y of State and Surveyor Gen'l, S7, S9, 94,
102, 111, 124, 145
Of Receiver and Collector of Taxes, 50, 208*
Clerk and Reporter of Supreme Court, 119, 156, 160
Clerks of Superior and Inferior Courts
in certain counties, 20S, 211, 222
Ordinary and Cl'k oflnfe'r Courts of Gilmer, 20S 211
CONTINUANCES.
Amend act relative to, 60, 70, 73, 86, 140,153
To authorize in certain cases, S3, 118, 129
CORONERS.
Place of sales by in Muscogee, 194, 209, 223
COTTON.
Resolution relative to reducing quantity
to be planted, 73, 96, 248, 302
INDEX. 329
COTTON-— Continued.
Incorporate Cotton Planters' Bank, 50, 66, 77, 103,
117, 127,140,
Message of Gov. transmitting Mr. Bay¬
lor's report on, ^39
Resolution relative to issuing Confederate
Treasury notes to buy, 149 ^34.
Resolution from Tennessee, 291
Incorporate Bank of Cotton Planters'
Convention, 172, 195, 199, 284
COUNTIES.
New from Franklin and Habersham, 71, 127
Change the name of Cass, 94, 153,1S7
COUNTY LINES.
To change between Dooly and Macon, 40, 43, 51, 128,
135
To change between Chattahoochee and Talbot, 49, 66,
91, 276
COUNTY TREASURER.
To abolish office of, in Stewart 243, 252, 261
COURTS, SUPREME.
Repeal 12th, section of act rejative to, 119, 156, 160
Consolidate offices of Clerk and Reporter, 119, 156,
160
Term of office of Judges of, 140? 15S
Salaries of Judges of,, 140
Salary of Reporter, 140
Hon. Chas. J. Jenkins appointed Judge, 178
COURTS, SUPERIOR.
Change time of holding of Middle District, 42, 44, 51
Judges of to give charges in writing—
amend, 48, 64, 73, 82, 84
Judges to hold adjourned terms, 49, 55, 65
Trial of causes when Judge is incompe¬
tent—amend, _ 49, 55, 73, S5
Judges to hear testimony, &c., On appli¬
cation for alimony, 73, 85, 94, 143
To legalize the adjournment of certain, 71, 166, 187
Define the costs of Clerks in certain
cases, 119, 156,160
Define the duties of Clerks, 119, 156,160
To authorize continuances in, 83, 118, 129
Salary of Judges, 140
Hon. O. A. Lochrane, Judge Macon Cir¬
cuit, 177
£30
INDEX.
COURTS, SUPERIOR—Continued.
Hon. Gr. D. Rice, Judge Blue Ridge Cir¬
cuit, 177
Hon. H.L. Hutchins, Judge Western Cir¬
cuit, 177
Hon. E. H. Worrill, Judge Chattahoo¬
chee Circuit, 577
Fines, &c., in Fannin, Gilmer and Pick¬
ens, ISO, 192, 19G, 202
Change time of holding in Towns, 190, 194, 199
Concerning, in Cobb 197, 202, 207, 275
Consolidate offices of Clerk of Superior
and Inferior Courts, in certain counties, 208, 211,222
Jury fees in Whitfield, 20S, 211, 223
Change time of folding in Putnam, 249, 2-52, 2G1
Jury fees in certain counties, 2-53, 297
Grand and Petit Jurors of Elbert and
Taliaferro, 266, 2S0, 296
Bills of cost in Scaiven Co.* 267, 279, 296
COURTS, INFERIOR.
"jTo legalize proceedings o^ in Wikes, 40 44 51
Of Marion, to lev}' tax for support of
soldiers, &c., 41 44 5i
Of the several counties tq l6vy tax for
volunteers, &c., 45 97 109 149
Levy tax for the benefit of volunteers
jn Sumtei\ 4S 55 56 66
Legalize the action of, in Columbia, 49 65
" " " Lincoln, 49 65
Extra tax in Stewart *md Webster, 49 65 S3
To legalize action of JRIchmond, 42 44 57
" in B^rke, 50 6S 78
Levy tax for volunteers in Tatnall, 59 68 79
Legalize acts of Walker, Catoosa,
and Dade, 60 69 95 10S
Provisions extended to several counties, 95 96 108 109
To confer certain powers on 119 156
Define duties of Clerk of, 119 156 160
Authorize continuances in, 83 118 129
Confer certain powers on, in relation to
common school fund, 156
Justices to issue bonds and borrow
money in certain ciases, 14S 163 173 17S 1S5
Of Whitfield, to levy tax for
volunteers, 194 209 223
Clerks of, and Superior Courts consolidated.
in certain counties, 208 222
1 Jury fees in Whitfield, 208 211 223
INDEX. 331
COURTS, INFERIOR —Continued.
^ Butts county, 208 211 223
Ul Ware, to levy tax for volunteers, 233 243 261
Of Coweta, '• " " 226 230 23-5
Consolidate Ordinary -and Clerk of,
in Gilmer, 208 211 223
-Lay off School Districts in Coffee, 243 252 264
Jurors in Elbert and Taliaferro, ,266 2S0 296
Justices to discbarge criminals in1 certain
cases, 266 280 297
Appoint person to open and adjourn
Court, ^ 267 280 297
Bills of cost, in Scriven, 267 279 296
Jury fees in certain counties, 253 297
COURTS—JUSTICES.
Jurisdiction in cases sounding ih
damages, 166 186 192 197 200
Proving open accounts, 208 212 247 264
Persons to open and adjourn, 267 280 297
CRIMINAL PROSECUTIONS.
To authorize & settlement of, in certain
cases* 64 74 S7
Fines and forfeitures in certain
Counties, 173 186 192 196 202
CRIMINALS.
To be discharged in certain cases, 266 2S0 297
n
DEAF & DUMB.
Committee on Asylum for* 4$
More effectually to organize Institut'n for, S4 97 206
DEBTS.
To abolish imprisonment in certain
cases, 61 70 73 74 85 95 96 126
DEEDS.
Copy Wills, &c., 2(3S 279 296
DEFENCE.
Bill to provide for the
public, 76 116 12S 220 230 239 240 290
Report of Committee on said bill, 236
Message from Governor relative to defence
of coast, 2^2
Conference Committee on bill to provide
for the public, 2^ 2^s 2'5'5
l >TRECT TRADING CO.
Incorporate the, 208 211
DIRECT TRADE.
Report of Committee on the state of the Republic, 303
332
INDEX.
DIVORCE LAWS.
To amend,# 40 44 53 58 62 102 136 145
Relative to*alimony, 60 70 144
Relieve certain persons from judgment of
divorce, 104 118
DYER, HON. a. R.
From the 28th Senatorial
District, 4 43 47 48 55 56 68 71 SO S3 95
104 109 119 125 127 130 140 141
146 152 159 164 165 173 179 ISO*
184 190 196 201 203 205
E
ECHOLS, HON. J. H.
From the 30th Senatorial
District, 4 41 47 51 69 7? 76 SO 181 209
EDUCATION.
Balance of fund for Brooks county, S3 94 99
Common School Fund, 156
Descriptive Geography, by J. H. Rice, 209
School Districts in Coffee, 1 243 253 264
J. H. "Wyley draw fund for Habersham, 254 265 270
Pay C. H, Kvtle fcr teaching, 266 280 297
District Treasurers in Dawson, 267 279 295
F^nd of Towns county, . 267 27S 288
ELECTIONS.
Hon. John Billups elected President, 5
James M. Mobley, Esq., elected Secretary, 5
L. S, Stewart, " Messenger, 5
T. R. Christian, " Door-Keeper, 6
Election returns for Goverpor consolidated, 42?
Superintendents of, in Decatur county, 61 70
Resolution to bring on election of Confederate
States Senators, 52 S4
By General Assembly—voting to be put on
Journal, 98
Volunteers to vote at, 103 118 134 158 275
Elections of Confederate States Senators, 104
Hon. B. H. Hill elected C. S. Senator, 105
" Robert Toombs " " " 10S
Resolution relative to electing State
House Officers, 127 153
Amend act relative to election of
Public Printer, 50 68 75 158 267 27S 295
P. Thweatt elected Comptroller General, 169
John Jones Treasurer, 169
N. C. Barnett " Sec'y of State, 171
Amend act of December 17,1859, relative
to U. S. Senators, 1S6 192
index.
333
ELECTIONS—Continued.
°. provide for election of county Treasurer
laWare, 226 230
Managers of, in Chattahoochee and
Whitfield, 266 280 296
District Treasurers in Dawson, 265 279 295
ELECTORS.
Invited to seats on floor, 196
Casting Electoral Vote, 201
EQUIPMENT OF VOLUNTEERS.
State to reimburse'counties for, 103 109 117 145 151
ESTATES.
Of married Women, see "Married Women."'
EXCHANGE.
Bill to regulate foreign, 102 117 126
EXECUTIVE SESSION. 56 64 88 103 124 139 152
157 210 212
EXECUTIONS.
Stay the enforcement of, 164 179 184 186 194
f
FEES.
Of Ordinaries, 76 116 129 161
Jury, of Whitfield, 208 211 223
Of Surveyor General, 206
fletcher, hon. c. f.
From the second Senatorial
District, 3 47 4S 50 59 144
foreign Exchange,
Bill to regulate, 102 117 126
foreign insurance co's.
Regulate agencies of, 157 167
fort, hon. h. r.
From the 3d Senatorial District, 3 47 4S 76
free persons of color.
Elmira Matthews to,sell herself, 49 66 67
Resolution relative to, 67
Legalize sale of a certain woman, 68 69 81
Pollv Knowles to sell herself, 104 118 130 137
Allow all to go into voluntary slavery, 130 137
Allow who leave the State to return, 20S 211 224
Government of, in Louisville and
Clarksville, 266 2S0 297
334
INDEX.
FURLOW, HON. T. M.
From the 13th Senatorial
District, 4 6 40 42 47 48 50 53 56 59
66 71 110 119 121 128 139
141 142 172 206 207 209 212
GASTON, HON. J. H. 1
From the 36th Senatorial District, 5 47 96
GENERAL ASSEMBLY.
To fix compensation of* 135 139 141 148 i81
Committee to examine into business of, 143 156 220
Report of Committee on business before, 180
Resolution relative to adjournment, 220
Bill to alter and fix the time of meeting, ,279 295
Mileage and per diem of members of,
(see appendix) 315
G
GEORGIA HOSPITAL ASSOCIATION.
See "Hospital Association."
GIBSON, HON. WM.
From the ISth Senatorial
District, 4 42 43 47 48 51 54 56 82 85 111
121 122 137 143 146 150 159 1S2
189 198 2Q0 20} 20S 230 275 304
GORDON, HON. GEO, A,
From the 1st Senatorial
District, 3 40 43 47 76 80 91 95 9S 102
104 109 111 122 124 129 131
167 16S 172 176 17S 179 1S2
210 £22 255 276 2S5 2SS 290
297 301 305
GOVERNOR.
Annual Message of, S
Election returns for, consolidated, * 42
Inauguration of, 46
Special message from, 130 152 155 1S8 194 2S3
Message from—
Nominating two Brig. Generals, 54
Nominating H. R. Jackson Major General, 85
Furnishing information relative to defence
of coast, 113
Making certain appointments, 177 1S2
Relative to coast defence, 212
Resolutions passed by Col. Chastain's regiment, 221
Transmitting Resolutions from Tennessee, 291
Recommending an appropriation for
Charleston, S. C., 294
INDEX. 335
GREAT SEAL OF THE STATE.
Resolutions relative to altering, 1-53
to alter, 254 205 277
GRIFFIN, HON. T. B.
From the Gth Senatorial
district, 4 47 4S 50 59 64 81 102 191
GUARDIANS.
See "Administrators, &c.i'
H.
HANSELL, HON. A. J.
From the 35th Senatorial District, 5 6 42 43 45 46
47 48 56 61 62 64 67 75 76 78
83 8S 95 97 98 102 109 111
121 126 134135 136 140 142
146 153 159 162 164 165 167
168174 178 185 187 190 193
19S 201 209 212 271 272 273
277 313
HARRIS, HON. B. T.
From the 20th Senatorial District, 4 48 53 59 71 75
78 96 98 103 139
150 175 205 269
280 292
HILL, HON. L. M.
From the 29th Senatorial District, 4 40 41 47 4S 49
96 109 138 155
HILLIARD, HON. JAMES
From the 12th Senatorial District, 4 47 49 56
HILLIARD, HON. THOMAS,
From the 5th Senatorial District, 3 47 48 50 96
HOSPITAL ASSOCIATION—GEORGIA.
Resolution relative toy 74 75
Report of Messrs. Clarke & Tucker, 80
Thanks to do , do do 80
To appropriate money for, 166 1S5 194 200 205 242
I.
INAUGURATION.
Of Governor, # 46
INCORPORATIONS.
Southern Insurance and Trust; Co., 40, 43, 62, 76,
ou 79, 89, 271
Planters Insurance Trust and Loan Co., 41, 45, 48, 62,
ri£mw3ia 99, 140, 14S, 158,
173, 200, 233,243,
252, 255, 259
336
INDEX.
INCORPOR ATIONS— Continued.
Direct Trade and Banking Co., 43, 45
" " " Navigation Co., 75, 153
Dawson Turnpike Eoad Co., amend act, 48, 55, 63
Town Creek and Ralston Branch Hy¬
draulic Hose Mining Co., amend act, 48, 55, 64,
Georgia Home Insurance Co., amend chart., 48, 55, G4
Mfctual " " 49,66, 65, 76 79
Cotton Planters' Bank of Ga., 50, 66, 77,
103,117, 227,
140, 146
Turner Mountain Copper Mining Cov 58, 68, 79
Americus—amend act incorporating, £9, 69, 81, 275
Cherokee Insurance and Banking Co., 123 156 162 176
254
Rome—amend act incorporating 66 68
North-Western. Bank ofGa., 76 117 130 158
Atlanta, amend act incorporating, 76 117 125 1S9
Bank of Fulton, 83 130 157
Dalton City Co., 84 118 160 161
Great Southern Insurance Co., 120 157 159 163 1S2
278
Georgia Telegraph Co., 121 157
Brunswick and Florida R. R. Co.—amend act
incorporating* 166 1S6 247
Yaldosta—amend act incorporating, 166
Bellville— " " 166 186 193
Jonesboro— " " " 166 185 193
Cavendors Creek and Fields Gold Mining Co., 167 1S5
193
Bank of the Cotton Planters' Convention, 172 195 199
284
Yaldosta—amend act incorporating, 186 193 230
Dalton « " " 191 194 209
Direct Trading Co. 20S 211 224
Warehouse Insurance & Deposit Cos., 226 229 239
Summerville— amend act incorporating, 231 243 264
Confederate Fire and Marine Insurance Co., 253 264
277
Charter Macon Insurance Trust and Loan Co., 267 279
296
Cusseta—to incorporate,* 267 278 295
Athens—amend act, 267 279 296
INFERIOR COURTS.
See " Courts—Inferior."
INSURANCE COMPANIES.
Planters' Trust & Loan, 41 45 4S 62 99 140 148 158
173 200 233 243 252 255 259
INDEX. 337
insurance COMPANIES. —Continued.
Georgia Home—amend charter, 43 55 64
do Mutual, 49 G5 GO 7G 79
Southern Insurance & Trust Co.* 62 76 79 89 271
Great Southern, 120 157 159 1G3 182 278
Regulate Agencies of Foreign, 123 157
Cherokee Insurance & Banking, 123 1£6 1G2 165
176 254
I1 o reign, 167
Warehouse Insurance and Deposit Cos. 226 229 239
Confederate Fire & Marine, 253 264 277
Define the manner in which suits
may be instituted against, 257 268 280 29G
Macon Trust & Loan, 267 279 296
INSTITUTIONS.
For Deaf and Dumb, 4S 84 97 206
For the Blind, 48 166 ISo 193
J.
JACKSON, HON J. M.
From the 43d Senatorial District, 5 40 47 48 49 50 58
71 76 78 S3 103 123
147 165 166 177 181
209 259 288
JAMISON, HON. S. Y.
From the 40th Senatorial Dist., 5 47 48 103 137 15S-
JUDGES.
Of Superior Courts—charges in writ¬
ing—amended, 48 64 73 82 S4
Of Superior Courts to hold adjourned terms, 49 55 64
do do do trial of causes when
incompetent, 49 55 73 85
Of city of Augusta, 42 44 56
Of Superior Couits, to hear testimo¬
ny on application for alimony, 70 73 S5 94 143
Of Supreme Court—term of, 158
Chattahoochee Circuit—Hon. E. H, Worrill. 177
Blue Ridge do do G.D.Rice, 177
Macon do do O. A. Locbrane, 177
Western do do N. L. Hutchins, 177
Supreme Court, do Chas. J. Jenkins, 17S
Suir Court of Fannin, Gilmer and
Pickens, 1S6 192 196 202
JURp mnent of Grand and Petit, 00 70 73 SB 207
Grand and Petit of Elbert and Taliaferro, 266 230 296
JUSTICES COURT. .
Jurisdiction in cases sounding m dama-
JU 1S6 192 197 200
(fpC
Proving open accounts w, 208 212 247 264
338
INDEX.
K.
KENDALL, HON. J. R.
From the 25th Senatorial District, 4 47 49 71 96 102
136 246 295* 303
laLLEN, HON. S. D.
From the 23d Senatorial Dist., 4 47 48 75 80 103
112 122 131 141 145 154
163 172 173 174 176 182
185 199 236 281
KING, HON. JOHN M.
From the 4th Senatorial Dist., 3 47 49 60 SI 108
L.
LAND.
Repeal a portion of act of Deci, 10, '59, relative
to certain 226 229 235
Resolution relative to, of alien enemies, 227
LANE, HON. R. A.
From the 44th Senatorial District, 5 47 4S 60 67
SI 95 10S 121 130 137 142 156 174 265
LEWIS, HON. M. W.
Fiym the 19th Senatorial District, 4 6 40 41 47
4S 49 52 56 57 60 72 142 146 14S 149 161
165 178 179 180 196 ,205 207 257 259 265
2S4 2S7 29o
LOTTERIES,
Persons engaged in drawing 267 279 295
LUNATIC ASYLUM,
Committee on 47
Leave of absence granted Committee on 1S2
Bill to appropriate money for, 1S62, 243 253 264
" " " " " 1S61, 244 2$3 261
Report of Joint Committee on 245
M.
MA JO 11 GENERAL.
II. R. Jackson appointed 85
MANUFACTURING ESTABLISHMENTS.
Regulate the hours of labor in 103 118 151
MARRIED WOMEN. #
Bill to protect the estates of 49 66 74 S6 89 92
134 136
Deposit money in Savings Banks, &c. 267 279 295
McRAE, HON. JOHN
From the 15th Senatorial District, 4 47 48 235
INDEX.
339
memorial
Of G-en. Duff. Green, 97
■MESSAGES.
From House of Representatives, 6 41| 42 47 50 51
52 59 65 67 72 74 79 82 84 97 99 103 104 109
112 124 128 134 135 137 141 142 147 152 157
103 166 167 168 172 180 183 188 191 192 19?
198 201 203 204 219 231 232 233 242 243 246
248 249 250 251 255 259 260 262 263 265 270
272 273 274 278 2S3 284 286 287 289 293 298
301 304 305 309 310 312 314
Annual message of Governor, g
Prom Governor—appointing Brig. Gen'ls. 54.
„ Maj. Gen'I. 85
.Special from Governor, 112 136 152 155 176 188
189 190 194 210 225 28S
From Governor—
Furnishing information rel. to Military, 113
Relative to Cotton Planters' Convention, 139
Making certain appointments, 177 182
Relative to the Coast Defence, 212
Transmitting resolutions from Tennessee, 291
Relative to making an appropriation for
Charleston, S. C. 294
MINING COMPANIES.
Town Creek & Ralston Branch Hydraulic
Hose, 48 55 64
Turner Mountain Copper—to incorporate, 58 6S 79
Cavender's Creek & Fields Gold 167 1S5 193
MILEAGE & PER DIEM.
Of Members of the General Assembly,
98 135 139 141 14S 1S1 315
MILITARY. . .
Tax for support of soldiers, &c., in Marion co., 41 4454
.t u " " " Wilkes co. 40 44 51
Tnfr Courts of the several counties to levy
tax for volunteers, . . ^ 45 97 108 109 149
Tax for support of soldiers m Sumter, 48
Service of the State. . 5-3 6S 131 144 154
Resolution relative to reducing pay of officers, 58
a «• guarding R.R. bridges 69 .122 124
t( « « Chaplains Ga. army, 76
Bill to provide for the public defence,^ ^ ^ ^
RePortofco—X "Vjbm. 236
appointed Maj. Gen'l. 85
State to pay for equipmtn 117 14g 151 la2
340 INDEX.
MILITARY— Continued.
Message from Governor furnishing information, 113-
Volunteers may vote at all elections,
103 118 134 158 27&
Militia systenl—Res. relative to 119 187
Georgia troops in N. W. Virginia, 120
Voluuteer prganizations of this State,
131 156 162 163 174 175
Resolution relative to tendering State
troops to Confederate Government,
176 179 182 199 306*
Message of Gov. pn the Coast defence, 212
Resolutions passed by officers of Col.
Chastain's regiment, <221
Infr. Court of Coweta—tax for volunteers "226 230 235-
Resolution relative to raising pay of pri¬
vates, 22S £32
To amend laws in this State 243 253
Bill to protect soldiers against judgments 267 279 297
Resolution relative to officers of State Troops, 271
Appropriation for 272 273 290
ty See " Volunteers " and "• State Troops."
MILITIA SYSTEM,
Resolution relative to revising 119 1S7
V1ITCHELL, HON. D. R.
From the 42d Senatorial District,
5 41 47 4S 49 52 56 6S 77 SI S3 S9 92 9S 103
111 123 134 140 141 14S 161 162 165 ISO
1S7 189 196 209 228-
dOBLEY, JAMES M.
Elected Secretary, 5
Thanks to 307
-IONOPOLIES, SPECULATION, &c.
Resolution relative to 42
Bill to prevent 4S 55 92 110 207 228 244 263
To make penal engrossing or monopolizing 165 1S6
Report of Committee on bill to prevent 262-
Committee of Conference on 244 249 255
IOSELEY, HON. WM.
From the 26th Senatorial District,
3 4 6 46 47 48 49 51 54 60 67 75 77 SO 143
149 161
O.
OFFICERS,
Resolution relative to reducing salaries
of principal 145
INDEX.
341
OFFICERS—Continued.
declare certain vacant, in certain cases,
# 123 156 160 161
ix the salaries of certain 135 1.39 140 14S 167 168
T? i . 194 199
■Resolution requesting Governor to make
certain appointments, 194,
Reduce salaries of, on W. & A. R. E,. 151 162 ]91
202 203 204 209
ORDINARIES,
Legalize acts of Dept. Ord'y. of Tattnall, 59 69 73 S7
" " " " " Spalding, 60 70 95143
Fix fees of, in this State 76 116 129 3 6^
Ordinary of — co. record T^st will of
Thos. Allen, 77 117 143
Ordinary of Books—draw balance Ed¬
ucational Fund . S3 94 99
Ordinary of DeKalb—estate of Thos.
Chi vers, 110 166 187
Define costs of, in certain cases, 119 156 160
Consolidate Clerk of Inferior Court
and Ord'y. in Gilmer 20S 211 223
Orders and judgments of 253 264 277
Person to open and adjourn Court 257 267 280 297
Ord'y. of White to pay C. H. Kytle 266 2S0 297
organization.
Hon. Wm. Moseley called to the Chair, 3
Senators sworn in before Judge E. II. Worrill, 3
Hon. John Billups elected President, 5
* James M. Mobley, Esq., elected Secretary, 5
H. M. Moore, Assistant Secretary, ^ 5
L. S. Stewart elected Messenger, 5
T. R. Christian " Door Keeper, 6
Rules of the last Senate adopted, 6
Sec'y. inform House Senate is organized, 6
Ministers to officiate as Chaplains 6
P.
PATRICK, HON. J. H.
From the 31st Senatorial Dist., 52, 71, 96
PATROL LAWS.
Amend act of Feb. 20th, 1854, 20S, 211, 224
PEDDLERS.
Jas. Bozeman and Wm. Jordan, 267, 279, 295
PEDDLING.
Spiritous Liquors—to prevent in Jaspei 57, 6b. 79
342
INDEX.
PENAL CODE.
To add an additional section to the, 01, 70, 96, 129
" " sec. to 10th Division, 26S, 279, 28S
PENITENTIARY.
Report of Committee on, 132
Resolution relative to classification of Con¬
victs, 133
PER DIEM AND MILEAGE.
Of Members of the General Assembly, 9S 13-5 1-39 141
148, 1S1, 31-5
PETITION.
From certain citizens of Gwinhett, ' ' 83
" u " u Fannin, 102, 13S
" J. J. Flouriioy, of Jackson, 138
PHYSICIANS.
To exempt from jury duty in Jefferson, 48, 5-5, 6 4,80
94 14-3
To exempt from Jury duty in Lowndes, 64 81
Allow Dr. Rufus Barker to practice Medicine, 77 117
12-5
J. H. Brown to prescribe for Dropsy, 2-54 2G-5 277
Eclectic Board of, 266 280 302
PLEADINGS AND PRACTICE.
To repeal 3d section of act relative to, 49 6-5 74 S1?
PRESIDENT OF THE SENATE. *
Hon. John Billnps elected, *5
. " William Gibson, pro tempore, S9
Thanks to, 306
PRINTING.
OKDERED
Governor's Message, 40*
Bill to incoiporate Planters' Trust and Loan Co., 41
Report of Comptroller General, 4-3
. Bill to incorporate. W. & A. R. R. Co., 45
Rules of the Sen are, 47
Standing Committees, 47
Bill to incorporate Cotton Planters Bank, <50 103
" " prevent Monopolies, Extortion, &c., 5-5 92 207
•' " incorporate Pianters' Insurance Trust and
Loan Co., 63
Documents accompanying Gov's Message, 71
Report of Messis. Clarke and Tucker, SQ
Bill relative to Taxes levied by Infr Crts. 96 97 151
" " " " for Volunteers, 151
" to provide for the public defence, 220
INDEX.
343
Winter—public.
Amend act relative to, 50 GS tfO 158 267 278 295
Advance to, 20S 211 221
N
R.
RAIL ROADS. '
Resolution relative to defending bridges, 69 122 124
A, & G. R. R. and Central R. R., 122 156 159 20S
211 222
Brunswick & Fla. R. R. 1S6 193 227 247
Relative to killing stock by, 20S 211 221
ST-#" See '•'Western & Atlantic R. R."
RECONSIDERATIONS, 71 82 8S 89 97 136 140 147 163
178 196 20Q
REDUCTION.
Of Salaries of civil and judicial officers, 6S 135 139
•140 143
Of Salaries of officers ofW. & A R. R., 151 162 191
202 203 204 209
Of quantity of Cotton to be planted, 73 96 291 302
RELIEF.
Of Gabriel Toombs, 40 44 53
" bank? and the people, 40 44 53 5S 61 74 86 90 164
183 188
Wm. B. Taylor, 57 6S 78 275
Solomon Newsom, 59 69 81
Andrew M. Hamilton, 76 117 126
Moses Formby, * 77 117 125
Minor children of Sophia McBriJe, 77 117
Wm. E. West, 84 226 229 235
S. W. Barker and S. B. Smith, Ex'rs, 102 117
Banks which have made advances to State, 164 182
B. Heri R. Davenport, 3 73 186 191
Georgia Hospital-Association, 1S5 200 205
Mrs. Margaret Dillon, Adm'rx, 1S6 194 200
People of" Georgia, 232 143 257 268
Abner Hern of Wilkes Co., 253 £64 276
Wesley Snffield of Early Co., 253 264 276
Daniel Dyer, Thos. Hollins, and others 267 27S 297
Wm, Earnest, 288
Certain Tax Payers, 266 2S0 296
RESRela™^St'ne number of Clerkships, 6 46
do do Speculation, monopoly and extor- ^ ^
Tot print Comptroller Generals report, 43
To amend rules of the Senate, 43 69
344
INDEX.
RESOLUTIONS—Continued.
Relative to—
Finance Committee, 45
Reducing salaries, 4-5
Sequestration act, 48
Fast day, % 51
New matter, 52 78 96
Election of Confederate States Sen¬
ators, 52 84 88 89 104
Reduction, 53 57
Enrolling and Engrossing Clerks, 56 70
Issuing change bills, 57
Reducing number of officers, 57
Tax on Spirituous Liquors, » 60
Brigadier Generals, 64
Free persons of polor, 67
Defending failroa^ bridges, 69 122 124
Reducing quantity of Cotton to be planted, 73 96
248 291 302
Georgia Hospital Association 75
Thanks to Messrs. Tucker & Clarke, 80
Joint Standing Committees, 75
Chaplains in Army of this State, 76
Reporters for newspapers, 9i
Calling on Gov. for information in regard to the
military, 92
That voting by the General A^sepobly be put on
Journals, ' 98
Boundary between Georgia and Florida, 99 22Q
Grant to John Sapj) for lot of laud, 111
Helatiye to—
Militia system, 119 1S7
Report of Sup't W. & A. R. R. 119
Georgia troops in !N. W. Virginia, 120
Adjournment sine die 122 1S4 225 234 241 306
Electing State House Officers, 127
Penitentiary, 133
Issuing Confederate States Treasury notes, 14S 184
Great Seal of State, " 153
Electors invited to seats 011 floor 2 96
Relative to—
Freight on W. & A. R. R, 19S
Fees of Surveyor General's office, 206
Rev. C. W. Thomas, 224
Raising pay of private soldiers, 22S 232
An Appendix to Journals, (see appendix) 233
Declaring Judicial offices vacated by adop¬
tion of new Constitution, 194 229 232
Census takers, 031
Unfinished business, 233 2S1 284 313
INDEX. 345
^SOLUTIONS—Co?itimied.
^Irrevocable,arati0n fr0m °ld ™°n final and
Land of alien enemies, 907
Relative to— 227 304
Monopolies, extortion, &c„ 04 a 9/LQ
House bills, ^ ™
Senate bills, 2fin
Freight 6n W. & A. R. R. 265 307
Officers 6f State troops, 271
Georgia's original proprietory interest, 284
Mail line, . 284
From Tennessee, 291
To appoint a Conference Committee, 301
That the Comptroller General Report the sala¬
ries of certain officers, 303
Relative to faxes of alien enemies, 304
do do tendering State troops to Confeder¬
ate Government, 176 179 182 199 306
Inform Gov. Gen. Assembly is ready to adjourn
sine die, 306
Thanks to Hon. Jbhn Billups, President, 306
do do James M. Mobley, Sec'y. 307
do do Hugh Moore, Assistant S6c'y, 307
Requesting Gov. to transmit certaiii acts to Gov¬
ernors C. S. 307
To furnish certain books to Dade County, 313
REVENUE LAWS.
Bill to alter, 267 279 2S9
RIVERS.
To prevent abstraction of Taccoah, 225 230 23-5
Ford across Chickamanga Creek, 225 229 247
B. P. Key m&y keep up dam across Oc-
mulgee, (see "Water Courses.") 244 252 261
ROAD LAWS.
To amend act, in Camden county, 49 66 67
RULES.
Adopted,
Amended, 46
Addition to,
S.
SALEe^lution relative to reducing, principal officers 45
nFnffirers civil and judicial, 68 1 ~2 143
OJ.office^, c 135 139 14Q 14S 167
Of certain offi 16g Jg2 194199
Reduce of officers on W. & A. R. R. 151 162 1S4 191
xxeauce, ui 2Qg 094 209
346
INDEX.
SALES.
Designate place of, ill Muscogee, 194 209 223
SALT,
To encourage- manufacture of 249 252 264
SECRETARY OF SENATE.
James M. Mobley, Esq., elected, §
Thanks to, ' 307
SECRETARY OF STATE.
To consolidate with Sur. Gen. S7 S9 94 102
111 124 14-5
Col. N. C. Barnett elected* ^ 171,
Fees of Surveyor Genera's office given to, 206
SENATORS.
Names of, 3 4 5
Senator from 3lst district took his seat 52
Resolution relative "to election of
Confederate States, 152 $4 SS 8^ 104
Election of C. S. Senators, 104
Amend act relative to election of U. S., 1G6 1S6 192
SEQUESTRATION ACT,
Suits on claims of alien enemies, 4S 59 61
SEWARD, HON. JAS. L.
From the 7th Senatorial
District, 4 5 40 41 45 47 48 50 52 58 61
62 64 70 71 73 77 7S SS S2 S3
86 89 94 95 96 99 110 111 123
127 12$ 137 140 142 143 144 146
147 14$ 150 151 159 160 162 167
174 17S 182 ISo 246 268 273
SHERIFFS.
Make valid acts of Deputies of Sumter, 42 44 54
Place of sales by, in Muscogee, 194 209 223
Compensate, of Burke, Elbert, and DeKalb, 279 295
SHEWMAKE, HON. J. T.
From the 17 th Senatorial
District, 4 47 4S 50 71 79 96 110 173 175
SIMMONS, HON. JAS.
From the 41st Senatorial
District, 5 47 4S 110 173 196
SLAVES.
Allow, who may leave the State, to
return, 20S 211 224!
Government of, in Louisville and
Clarksville, 266 280 297
INDEX. 347
SMITH, HON. D. N.
From the 21st Senatorial
Dlstrict' 4 6 4G 47 50 71 96 140
SPECULATIONS, MONOPOLIES, &c.
resolution relative to, 42
Bill relative to, 43 55 90 no 207 228 244 203
.Report of committee on, * 202
Committee of conference on, 244 249 25-5
To rcjake penal, engrossing or monopolizing, 105 ISO
SPIRITUOUS LIQUORS.
Amend act relative to, in Rome, 49 60 68
f To prevent tlie peddling of, in Jasper, 57 08 79 275
" ftf " " in Burke & Whitfield, 79
Resolution to tax for the benefit of volunteers'
families, 60 72
License in Spring Place, 253 265 277
STAFFORD, HON. S. S.
'From the 9th Senatorial District—
4 41 42 47 48 54 67 91 96 104
122 140 140 150 151 153 158
101 270 2S1
STATE TROOPS.
May vote at all elections, 103 11S 134 158 275
Governor to raise and e'^uip
thousand, 35 68 131 144 154
Governor draw money for support of, 158 164 177
Resolution tp tender to Confederate Gov¬
ernment, 176 17S 1S2 199 300
Inferior Courts to levy tax for
volunteers, 45 97 10S 109 149
Chaplains for. several regiments, 187
Bill to provide for the public
defence, # 70 220 230 236 239 240
Report of Committee on, 230
Minority report of lion. D. A. Vason, 2-'J0
f Message of Governor on the coast defence, 212
Resolution passed by Col. Chustam'b regiment, 221
Resolution relative to officers ot, ^ 271
Appropriation for, ^ _ 272 273 290
Volunteer organizations of this
ytate> 131 150 162 163 174 175
fl£§p° See "Military" and "Volunteers."
STATUTE OF LIMITATIONS.
Bill to suspend, 10., 118 129
STATE HOUSE OFFICERS.
Consolidation of certain offices, 74 S7 89 94 103 111
Resolution relative to bringing on election, 1 ~ i 1-jJ
Election of, 10S to 171
34S
INDEX.
STAY LAW.
Bill to re-enact, 53 58 01 74 86 90 179 186 18S 194
Stay the enforcement of executions, 165
STEPHENS, HON. SAMUEL.
From 33d Senatorial Dist., 5 47 48 123
STEWART, L. S.
Elected Messenger, ^ 5
STOCK.
To encourage improvement of, 252 264 275
SWEARINGEN, HON. T. Ar
From the 8th Senatorial District, 4 47 48 60 96
109 110 111 142 J 50 174
T.
TAXES,
Confederate war 41 44 165 1,87 192 199 204 211 224
For benefit of soldiers in Wilkes 40 44 53
" " " " " Marion 41 44 54
" " " " " Richmond 42 44 57
On spirituous liquors 6G 72
Infr. Courts to levy, for Volunteers, 45 97 10S 109 149
To equalize taxation among the several counties, 151
Infr. Court of Whitfield to levy 194 209
Extend time for payment of, of 1S61, 20S. 211 223
Infr. Co'urt of Coweta to levy 226 230
Extra in Ware to build C. H. 243 261
Bill to amend Tax Laws 243 253 261
Tax on cattle in Colquitt, 243 252 264
Bill to levy and collect a tax for 1S62, 262 279 2S9
" for the relief of certain Tax payers 266 2S0 296
Resolution relative to taxes of alien enemies 304
TAX RECEIVERS & COLLECTORS.
To consolidate the offices of, of this State, 40 43 50 52
4 4 allow further time to Collectors to
settle with Treasurer, 49 66 6S
Of Gilmer county, * 208 224
Fix bond of, of Richmond, 20S 247
Consolidate in certain counties, 20S 211 233
TEACHERS OF POOR CHILDREN,
Moses Formby, of Floyd, 77 117 125
C. H. Ivytle, 266 280 297
TELEGRAPH CO.,
Bill to incorporate the Georgia 121 157 160
INDEX. 349
Towns and cities.
An™ tteus? IcT °f iuc°rI,01'ation' « 00 68
Atlanta, « « 59 69 31 275
Valdosta, " .. 76 117 125 189
"RpIWIIIP ? 166 186 193 230
-Deilville—to incor. -.^.g -.qo
Jonesboro amend act incorporation, 1S5 193
' -n " • " " 191 194 209
bummerville—to incorporate 031 04^
Cusseta. " / 267 278 295
Athens—amend act incorporation, 267 279 296
TRADING WITH THE ENEMY. ~
Bill to prevent in time of war 41 44 54 58 62
TREASURY NOTES.
City of Aitgusta may issue 48 55 64 81 137
Resolution recommending issue of, by
Confederate Government, 184
TREASURER, STATE
John Jones elected 169
TREASURER, COUNTY
To provide for the election of, in Ware 226 235
Abolish office of, in Stewart 243 252 261
TRUSTEES, &C.
Appointment of new in certain cases, 41 44 58 62
May invest in Confederate States bonds, 104 118 129
TURNPIKE COMPANIES.
Dawson—amend act incorporation, 48 55 63
y.
YASON, HON. D. A.
From the 10th Senatorial District, 4 5 41 42 45 46 47
50 53 62 78 81 85 86 91 96 109 121 125
126 150 157 165 172 186 197 204 236 259
Minority report of, on tendering troops to
Confederate Government 236
VOLUNTEERS. AnttK1
Tax for the benefit of, 111 TV ilk.es 40 44 51
<c « " Marion 41 44 54
(l (l a u " " Richmond 42 44 57
u t< <4 <« « " Sumter 4S 55 56 66
Tnfr Courts of the several counties
Wv fix for ±5 97 10S 109 149
TaTfLthe benefit of, in Columbia 49 65
(f" u u (i « " Lincoln 49 65
u u K a " " Burke 50 68 7S
„ „ ««. " " Tatnall 59 6S 79
350
INDEX.
VOLUNTEERS—Continued. •
Tax for the benefit of, in Walker, Catoosa
and Dade, 60 69 95
" " " " " " Stewart and Webster, 65 82
Resolution relative to tax on spirituous
liquors for families of 60 72
JVlay vote at all elections 103 118 134 15S 275
State to pay for equipments, &c. 103 109 117 145 151
Resolution relative to, in N. W. Virginia, 120
State to re-imburse counties for equipping 145 151 192
To make efficient organizations of
131 156 162 163 174 175
Governor to tender to Confederate Gov-
ment 176 179 182 199 306
Tax for, in Whitfield ' ' 194
" " " Ware 233
" " " Coweta 226 230 239
Resolution relative to- increasing pay
of privates 228 232
Resolution relative to officers of State troops 271
I3F0 See " Military " and " State Troops."
W.
WARE, HON. J. M.
From the 38th Senatorial District,
5 47 48 54 78 83 92 96 104 171 197 206 263 281
WAR TAX,
To assume and pay Confederate States,
41 44 45 165 184 192 199 204 211 224
Inferior Courts may levy tax for soldiers, &~c., 45 97
10S 109 149
Bill relating to the pro rata of each county, 45
WATER COURSES.
To prevent obstruction of Taccoah river 225 230 235
Ford across" Chickamauga Creek 225 229 247
B. P. Key to keep up dam across
Ocmulgee river 244 252 261
Fishing privileges to persons living on 249 252 264
Protect rights of M, Jones and T. Hardee 267 279 296
WESTERN & ATLANTIC R. R.
Bill to sell one-third of stock of 41 45
Call for report of 13#
Resolutions relative to 142
Reduction of salaries of officers
151 162 184 191 202 203 204 209
Resolution relative to freight 198 265 307
Sup't. to issue change bills 253 265 277
INDEX. 351
"WlNN, HON. G. A.
i rom the 22d Senatorial District, 4 47 48 80
WITNESSES,
WRI^H^HOK^68' Paidbyparty ponvicted 83 I18 129
From the 16th Senatorial District,
4 47 48 71 109 110 175 ^23
Y.
YEAS & NAYS.
On resolution relative to election Confederate
States Senators, gg
On passage of bill for relief of tha banks. &c., 91
" Bill to amend act to abolish impris. for debt, 126
"* " " protect estates of Married Women, 135
" Per diem of members of General Assembly, 141
" Bill to incorporate Planters Bank* of Ga., 146
" " fixing hours of labor in factories, 151
•f " to make efficient Volunteer organizations 162 176
" Passing over Governor's veto bill to fix sal¬
aries of certain officers, 167
" Passing oyer Governor's veto bill to fix
compensation of Members, 181
" amendment to bill for relief of banks and
people, IS 4 1S9
" salaries and compensation of certain officers, 199
" Bill to give Justices Courts jurisdiction in
cases sounding in damages, 201
" Bill to reduce salaries of officers on W. & A. R. R. 210
" Resolution relative to Judges, 232
" Bill to provide for the public defence, 240
" receding from amendment to bill to piovide ^
for the public defence, 24S
« motion to lay on table bill to prevent mo-
nrmolies, extortion, &c.,
« Amropriation for Military purposes, . 273 290
« tK the relief of Wm. Earnest, 2SS
?' nnriation for Charleston, S. C\, 290
« RilHo confer banking privileges on J. E.
„„„ and others, 294
Kll to constitute Eclectic board of Physicians, 302