JOURNAL
THE SENATE
w
AT
* • *
it
AN EXTRA SESSION '
OF THE
<ra-Tn-rer ilSS'SMBLY
OF THE
«
STATE OF, GEORGIA,
CONVENED UNDER THE PROCLAMATION
0 ' »
OF THE
GOVERNOR,
March 10th, ISG-i.
BOUGHTON, NISBET, BARNES & MOORE, State Printers.
m1lledgevix.le, ga.
EMORY UNIVERSITY
LIBRARY
JOURNAL
of
THE SENATE
of the
03? O-EOB-G-IA.
The Senate pursuant to the proclamation of His Excel¬
lency the Governor convened this day in. Extra Session at
the Capitol, and was called to order by the Hon. Peter Cone,
President pro tem, and was opened with prayer by Rev.
Mr. Manson.
The roll being called and a quorum being present on
motion the Proclamation of his Excellency the Governor con¬
vening the General Assembly in Extra Session was read and
entered upon the journal, to-wit:
By Joseph E. Brown, Governor of Georgia.
To the Officers and Members of the General Assembly:
As in my opinion the public exigencies require that the
.General Assembly convene at an earlier day than that fixed
bv law for your meeting, 1 issue this my proclamation re-
n uirino- vou, and each of you, to assemble in your respective
Hnlk fn'the Capitol at Milledgeville, on Thursday the tenth
dav of March next, at 10 o'clock, A. M.
Phrpn under my hand and tlie Great Seal of tbe State at
the Capitol in the city of Milledgeville this 29th day
of February in the year of our Lord eighteen hun¬
dred and sixty-four.
By the Governor.
N. C. Barrett,
Sec'y of State.
Mr. West offered the following resolution which was ta-
Iten up read and agreed to :
MILLEDGEY
Thursday. March
A PROCLAMATION,
JOSEPH E. BROWN.
4
JOURNAL OF THE SENATE,
Resolved, That leave of absence be granted for a few days
to Lewis H. Kenan, Esq., Secretary of the Senate, and that
the Senate proceed immediately to the election of a Secre¬
tary pro ten) viva voce.
' The Senate then proceeded to the election of a Secreta¬
ry pro tem and on taking the vote viva voce Gary W. Styles,
Esq.. was declared unanimously elected, and took the oath
of office.
Mr. Bacon offered the following resolution which was
taken up, read and agreed to :
Resolved, That leave of absence be granted for three days
to Augustus Simmons, Messenger of the Senate.
On motion, the Senate proceeded to the election of a
Messenger pro tem, and on taking the vote viva voce it ap¬
peared that Jackson Edwards of the county of Baldwin,
was unanimously elected and took the oath of office.
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 a quorum of the House
being present they are now ready to proceed to business.
Mr. Guerry moved that the rules of the last Senate be
adopted for the government of the present Senate and that
fifty copies be printed for the use of the same, which was
agreed to. . ■
The following message was received from the House of
Representatives by Mr. Oarrington their Clerk :
Mr. President.—The House of Representatives have ap¬
pointed Messrs. Wright, Hooper and Selman, a committee
to join a similar committee, on part of the Senate to wait*
oil his Excellency the Governor and inform him that both
branches of the General Assembly having cpnvened in ac¬
cordance with his proclamation, are now ready to proceed
with the business of the extraordinary session.
On motion of Mr. Speer, a committee of three on the
•part of the Senate was appointed to join a similar commit¬
tee on the part of the House of Representatives and inform
his Excellency the Governor that the General Assembly"
have convened and is ready to receive any communication
from him.
The President appointed Messrs. Speer, West and Guerry
as such committee on the part of the Senate.
Mr. Speer from the committee appointed to wait upon
his Excellency the Governor and inform him the General
* Assembly was ready to receive any communication, repor¬
ted the duty discharged, and that a communication would
he received in a few minutes.
THURSDAY, MARCH 10th, 1S64. * 5
The following message was received from his Excellency
the Governor by Mr. Waters his Secretary, to-wit:
Mr. President.—lam directed by the Governor to deliver
to the Senate a message in writing.
On motion, the message of his Excellency the Governor
was taken up and read as follows,- to-wit:
MESSAGE.
EXECUTIVE DEPARTMENT, >
Milledgeville, Ga., March 10th 1864. >
To the Senate and House of Representatives :
The patriotic zeal exhibited by you at your late session,
for the promotion of the interest and protection of the liberties
of the country, and the personal kindness and official cour¬
tesy which I received at your hands, and for which I renew
my thilnks, have satisfied me that laying aside all past par¬
ty names, issues, and strifes, your object, as legislators is to
discharge faithfully your official duties, and to sacrifice all
private interests and personal preferences, to the public
good. In view of these considerations, I feel that I can re¬
ly upon your counsels as a tower of strength in time of
darkness and gloom. I have therefore convened you that I
may have the benefit Of your advice and assistance, at this
oritical juncture in our State and Confederate affairs.
transportation of corn to indigent soldiers; families.
Since your adjournment experience has shown that it is
not possible without assistance from the State, which will
require further legislation, for the agents of the counties
where there is great scarcity of provisions, to secure trans¬
portation for the corn purchased in South Western .and Mid¬
dle Georgia, to the places where it is needed. To meet
this difficu lty, I respectfully recommend the passage of a
law, authorizing the Quarter-Master General of this State;
or such other officer as the Governor may from time to
time designate, under the order of the Governor, to take pos¬
session of and control any of the Rail Roads in the State,
with their rolling stock, or any other available conveyance,
and require that corn or other provisions, for the needy or
for the county agents for soldiers families, be transported ia
preference to all other articles or things ; except the troops
and the supplies necessary for the support of the armies of
the Confederate States, and that the act provide for the
payment of just compensation, for the use of such means of
transportation, while in possession .of the authorized offi- *
cers of this State—the compensation to be paid out of the
money already appropriated as a relief fund, by the agent®
6
JOURNAL OF THE SENATE,
or persons at whose request the transportation may be fur¬
nished.
Experience has also proved that the counties of North Eas¬
tern Georgia most remote from the Railroad cannot obtain
sufficient means of transportation to carry the com from the
Rail Road to the place of consumption. The scarcity of
teams is owing to the fact that their horses have been
taken for cavalry service, and their oxen have been im¬
pressed for beef for the army. Finding that there was
likely to be much suffering in that section for bread for
soldiers' families, I ordered the energetic Quartei Master
General of the State, to purchase teams and wagons by
drafts upon the military fund, and aid those most destitute,
and most remote' from the Rail Road in the transportation
of the corn. If this action is approved by the Legislature,
as I trust it will be, the teams now about ready for us'e,
can be employed in this service for a portion of the year.
If not approved they will at any time command more in
the market than they cost the State, if not needed, for mili¬
tary uses.
BELIEF FUND FOR SOLDIERS' FAMILIES.
I am satisfied that the indigent families of soldiers, in
many of the counties of this State, are not receiving the
benefits to which they are entitled, on account of the neg¬
lect or mismanagement of thfi Inferior Courts. Six millions
of dollars have been appropriated for this purpose, for the
present year, which if properly applied, is suilicient to pre¬
vent any actual suffering. Complaints come up constantly
that adequate provisions are not made for ilie needy. In
many cases, I have no doubt, these complaints arj well
founded. As evidence of the neglect of part of the Courts,
it may be proper to state, that great as the destitution is
among those entitled to the lund, the amount due lor the
last quarter of last year, has not in some cases been appli¬
ed for. -Some courts have not yet sent in their reports of
the number entitled for the present year; so as to enable
me to have the calculation made; and the amount due each
county ascertained; while many of the counties have made
no application for any part of the fund appropriated for this
year.
While the Governor has power, to require the courts to
make reports, of the disposition made of the fund, in cases
■where he suspects it is being improperly applied; and to
•withhold payments to the courts in such cases; he has no
power to compel the courts to do £heir duty, nor can he
take the fund from them and appoint any other person or
agent to distribute it among those for whom it is intended.
■ If the courts fail to act, the law makes no other provision
for the distribution of the fund. IJnless some better plan
is, adopted, I am satisfied, the objects of the Legislature, will
THURSDAY, MARCH 10TH, 1864.
7
be very imperfectly carried out, in many ot the counties;
and the needy wiU not receive the benefits of the liberal
provision made for them, by the appropriation. As it may
be necessary to provide for the appointment of active reli¬
able agents in the counties, to assist the courts, or to take
charge of the fund in case 6f neglect, or mismanagement
by them; I respectfully suggest that provision should be
made for commissioning all such, as officers of this State, so
as to protect them against conscription. It will be im¬
possible to relieve the needy, if our most valuable county
agents, are taken from the discharge of their important du¬
ties by the enrolling officers of the Confederacy.
Provision should also be made for the removal from of¬
fice, of all Justices of the Inferior Courts, who ne'glect or
refuse to discharge their duties promptly and faithfully.
COTTON PLANTING.
Having oh former occasions, brought the question of far¬
ther restriction of Cotton planting to the attention of the
General Assembly, I feel a delicacy in again recurring to
that subject. The present prices of provisions, and the
great importance of securing a continued supply of the ne¬
cessaries of life, are my excuse for again earnestly recom¬
mending, that the law be„so changed, as to make it highly
penal, for any person to plant or cultivate in Cotton, more
than one quarter of an acre to the hand, till the end of the
war.
This additional restraint is not necessary, to control the
conduct of the more liberal'and patriotic portion of our peo¬
ple; but there are those, who for the purpose of making a
little more money, will plant the last seed allowed by law,
without stopping to enquire, whether they thereby, endan¬
ger the liberties of the people, and the independence of the
Confederacy.
To control the conduct of this class of persons, and to the
extent of our ability to provide against the possible contin¬
gency of a failure of supplies in future, I feel it to be an
imperative duty, again to urge upon your consideration, the
importance of the legislation above recommended.
ILLEGAL DISTILLATION. *
I be"- leave again to call the attention of the General As¬
semblyt to the illegal distillation of grain into spirituous li¬
quors. So great are the profits realized by those engaged
in this business, that the law is evaded in every way that
ingenuity can devise; and I am satisfied that the evil can not
be effectually suppressed without farther and more string¬
ent legislation. Some of the Judges have rul«d, that the
act passed at your last Session, does not give them author¬
ity to draw and compel the attendance of a jury, out of the
regular term time of the Court, to try the question of nuia-
8
JOURNAL OF THE SENATE,
ance; while some public officers have shown no disposition
to act, for fear of incurring the ill-will of persons of wealth
and influence, who are engaged in the daily violation of the
Distillers in some parts of the State, are paying ten dol¬
lars per bushel for Corn to convert into Whiskey; while
soldiers' families, and other poor persons are suffering for
bread.
I renew the expression of my firm conviction, that the
evil can only be effectually suppiessed by the seizure of the
stills. We now need copper for the use of the State Road,
and for military uses, and I earnestly request, that an act
be passed, authorizing the Governor, to impress all the
stills, in the State, which'he has reasonable ground to sus¬
pect'have been used in violation of the law; and convert
them into such material, for the Road, and implements of
war, as the State may need; and that he be authorized to
use all the military force necessary to accomplish the ob¬
ject; and that provision be made for paying the owner just
compensation for such' stills when seized. I also recom¬
mend that provision be made for annulling the commission
of any civil, or military officer of this State, who fails to
exercise vigilance, and to discharge his duty faithfully in -
the execution of the law a gainst^ 1 legal distillation.
IMPRESSMENT OF PROVISIONS.
Since your last Session, experience has proven, that from
distrust of the currency or from other cause, many planters
have refused to sell corn, or other provisions, not necessary
for their own use, to State or county agents, for the market
price when offered, while soldiers' families have been suffer¬
ing for provisions.
1 recommend the enactment of a law\ authorizing State of¬
ficers, under the direction of the Governor, to make impress¬
ments of provisions in all such cases, and providing for the
payment of just compensation to the owners of the property
impressed.
SLAVES ESCAPING TO THE ENEMY.
The official reports of Federal officers, are said to show
that the enemy now has 50,000 of our slaves employed
against us. If these 50,000 able bodied negroes, had been
carried into the interior by their owners when the enemy
approached the locality, where they were employed; and
put to work, clearing land and making provisions, we
should to-day have b^en 50,000 stronger and the enemy that
much weaker, making a difference of 100,000 in the present
relative strength of the parties to the struggle. When a
negio man worth $1,000 upon the gold basis, escapes to the
enemy, that sum of the aggregate wealth of the State, upon
which she should' receive taxes. i§ lost,—one laborer who
should be employed in the production of provisions ig also
THURSDAY, MARCH 10TH, 1864,
9
lost, while one laborer, or one taore armed man, is added to
the strength of the enemy.
It is therefore unjustifiable and unpatriotic, for th« owner
to keep his negroes, within such distance of the enemy's
lines as to make it easy for them to escape. This should
not be permitted; and to prevent it in future, such laws
should be enacted, as may be necessary to compel their re¬
moval by the owner in such case or to provide for their for¬
feiture to the State.' '
•No man has a right to so use his own property, so as to
weaken our strength, diminish our provision supply; and
add recruits to the army of the enemy.
DESERTION OF OUR CAUSE BY REMOVALS WITHIN THE EN¬
EMY'S LINE.
I am informed that a number of persons in the portion of
our State, adjoining to East Tennessee, have lately Vemoved
with their families within the lines of the enemy; and carri¬
ed with them their movable property. Those persons have
never been loyal to the cause of the South; and they now
avail themselves of the earliest "opportunity to unite with
the enemies of their State.
I recomrriend the enactment of a law,_ providing for the
confiscation of the property of all such persons; and that all
such property be sold, and the proceeds, of the sale, applied'
to the payment of damages, done £o.loyal citizens of the
same section; whose property has been destroyed, by yaids
of the enemy, or by armed bands of tories.-
I am also informed, that some disloyal persons in that sec¬
tion, have deserted from our armies; or avoiding service have
left their families behind, and gone over to the enemy, and
are now under arms against us. I am happy to learn that
the number of such persons-is very small. I recommend
the confiscation of the property of this class of persons also,
and in case they have left families behind, that are a charge
to the county, that no part of the relief fund be allowed,
them; but that they be carried to the enemy's lines, and
turned over to those in whose cause their husbands now
serye.
I also recommend the enactment of such laws, as shall for¬
ever disfranchise and dcdtizcnize all persons of both classes,
should they attempt to return to this State.
THE CURRENCY.
The late action of the Congress of the Confederate
States upon the subject of the currency has rendered fur¬
ther legislation necessary in this State upon that question.
It can not be denied that this act has seriously embar¬
rassed the financial system of this State, and has shaken
the confidence of our people in either the jtfstice of the late
Congress or its competency to manage our financial affairs.
10
JOURNAL OF THE SENATE,
Probably the history of the past furnishes few more strik¬
ing instances of unsound policy combined with bad faith.
The Government issues its Treasury note for $100, and
binds itself two 3'ears after a treaty of peace, between the
Confederate States and the United States, to pay the bear¬
er that sum ; and stipulates upon the face of the note, that
it is fundable in Confederate States stocks or bonds; and
receivable in payment of all public dues except export du¬
ties, The Congress while the war is still progressing, pas¬
ses a statute that this bill shall be funded in about forty days
or one third of it shalj be repudiated, and that a tax of ten
per cent a month shall be paid for it after that time by the
holder, and it shall no longer be receivable in payment of
public dues, and if it is not funded by the 1st of January next,
the whole debt is repudiated. Did the holder take the
note, with any such expectation ? Was this the contract,
and is this the way the government is to keep its faith?
If we get rid of the old issues in this way, what guaranty
do we give for better faith, in the redemption of the next
issues? Again, many «f the notes have the express prom¬
ise on their face, that they shall be funded in eight cent
bonds. When ? The plain import is, and so understood by
all at the time, of their issue, that it may be oone at any
time before the day fixed on the face of the note for its
payment. With what semblance of good faith then, does
the government before .that time, compel the holder, to re¬
ceive nfour per cent bond, or lose the whole debt? and
what better is ^tbis'than repudiation ? When was it ever
before attempted by any government, to compel the fund¬
ing of almost the entire paper currency of a country,
amounting to seven or eight hundred-millions of dollars in
forty days? This is certainly a new chapter in financiering.
The courtrj7 expected the imposition of a heavy tax, and
all patriotic citizens were prepared to pay it cheerfully at
any reasonable sacrifice; but repudiation and, bad faith
were rtot expected, and the authors of it cannot be held
guiltless.
The expiring Congress took the precaution to discuss this
measure in secret session ; so that the individual act of the
representative could not reach his constituents, and none
could be annoyed during its consideration by the murmurs
of public disapprobation being echoed back into the Legis¬
lative Hall. And to make assurance doubly sure, they
fixed the day for the assembling of their successors, at a
time too late, to remedy the evil, or afford adequate re¬
dress for the wrong.
These secret sessions of Congress are becoming a blighting
curse to the country. • They are used as a'convenient mode
of covering up-from the people, such acts or expressions of
their representatives as will not bear investigation iu the
THURSDAY, MARCH 10th, 1S64. 11
the light of day. Almost every act of usurpation of pow¬
er, or of bad faith, lias been conceived, brought forth and
nurtured, in secret session. If I mistake not the British
Parliament never discussed a single measure in secret session
during the whole period of the Crimean War. But if it is
necessary to discuss a few important military measures*
such -as may relate to the movement of armies, &c., in se¬
cret session, it does not follow that discussions of questions
pertaining to the currency, the suspension of the writ of
Habeas Corpus., and the like,, should all be conducted in se¬
cret session. The people should require all such measures
to be discussed with open doors, and the press should have
the liberty of reporting and freely criticising the acts of
our 'public servants. Jn this way the reflection of the
popular will back upon the reprentative, would generally
cause the defeat of such unsound measures, as those which
are now fastened upon the country in defiance of the will
of the people.
But dismissing the past and looking to the future, the in¬
quiry presented for our consideration is, how shall the State
authorities act in the management of the finances of the
State? As the Confederate States Treasury notes consti¬
tute the currency of the country, the State has been obliged
to receive aud pay them out; and ghe must continue to do
so, as long as they remain the only circulating medium.
The present Legislature has very wisely adopted the poli¬
cy, in the present depreciated condition of the currency, of
collecting by taxation a sufficient sum in currency, to' pay
the current appropriations of the State Government; in¬
stead of adding them to the debt of the8State to be paid in
future upon the gold basis. If the State issues her own
bonds and puts them upon the market, or if she issues her
own Treasury notes redeemable at a future day in her
bonds, she adds the amount so issued to her permanent in¬
debtedness ; and defeats the policy of paying as she goes ;
as her own bonds or notes, would then be out, and could
not be redeemed with the Confederate notes when received
into her Treasury
If the State receives inpayment of taxes the present.
Confederate Treasury notes, they will be reduced in amount
one third by act of Congress, after 1st April next, and the
State receiving them at par pays a Confederate Tax of
33£ per cent upon all monies that pass through her Treasu¬
ry. This of course can not be submitted to.
The repudiation policy of Congress, seems therefore to-
have left us but one alternative ; and that is to receive and
pay out only such issues of Confederate notes, as under the
acts of Congress pass at par, without the deduction, of
33£ or any other per cent. But as we are obliged to have
funds before the time when the new issues of Confederate
12
JOURNAL OF THE SENATE,
notes can go into circulation, the question presented is
how shall we supply the Treasury in the mean time. In
my judgment the proper plan will be to issue State Treasu¬
ry notes, payable on the 25th day of December next at the
Treasury,'and in each of the more important cities of this
State in Confederate Treasury notes, of such issue as may
be made after 1st April next, t<?be used as circulating me¬
dium. This enables the State to anticipate the new issues,
and use them in advance of their circulation *by Confede¬
rate authority. The new Georgia Treasury notes of this
issue, would be just as good, as the new issue of Confede¬
rate notes ; because payable in them, and would be as cur¬
rent in payment of debts. The act should provide that all
taxes hereafter due the State for this year, shall be payable
in the Confederate Treasury notes of the new issue, and
that they shall be deposited in the Treasury, when collec¬
ted, to redeem the State notes payable in them. The act
should also provide that the State notes shall be returned
and the Confederate notes received in place of them with¬
in three months after they are due, or that the State will
no longer be liable for their payment. This would pre¬
vent holders from laying them away, and refusing to bring
them in for payment vvhen due, according to the terms of
the contra-ct. As the State tax is not due till next fall,
there will be an abundant supply of the new Confederate
notes in circulation by that time, to obviate all difficulty in
obtaining them by our people to pay the tax.
I recommend the passage of a joint resolution, authoriz¬
ing the Governor tp have funded in. the six per cent bonds,
provided for by the act of Qongress, all Confederate notes
which may remain in the Treasury ; or may be in the
hands of any of the financial agents of the State ; after the
first day of April next ; and to sell and dispose of such
bonds at their market value in currency, which can be
made available in payments to be made by the Treasury ;
and to credit the Treasurer with any losses " that may ac¬
crue by reason of the failure of the bonds to bring par in
the market.
orphans' estates.
On account of the present depreciated value of the'Con¬
federate securities I recommend the repeal of the law which
authorizes Executors, Administrators and Trustees to in¬
vest the funds of those whom they represent in these secu¬
rities. As the law stands it enables unscrupulous fiduciary
agents, to perpetrate frauds upon innocent orphans, and
other helpless persons represented by them ; and i:i effect
compels orphans and those represented by trustees, to in¬
vest their whole estates, in government bonds, which no
other class is required to do.
THURSDAY, MARCH 10TH, 1S64. 13
FURLOUGHS REFUSED.
On the 27th of February, when I issued my Proclama¬
tion, calling you into extra session, I telegraphed the Sec¬
retary of War ; and asked that furloughs be granted, to mem¬
bers in military service, to attend the session ; and receive^
a reply stating that it had " been concluded not to grant fur¬
loughs to attend the session", that, " officers so situated are
entitled to resign and may so elect".
I regret this determination of the Confederate govern¬
ment ; as it places our gallant officers, who have been elec¬
ted by the people to represent them, and to whom, as well*
as their predecessors similarly situated, furloughs were nev¬
er before denied, in a position where it costs them their
commissions to attempt to discharge their duties, as Repre¬
sentatives of the people.
THE NEW MILITIA ORGANIZATION AND CONSCRIPTION.
Since your adjournment in December, the Adjutant and
Inspector General, under my direction, has done all in his
power to press forward the organization of the Militia of.
the State, in conformity to the act passed for that purpose ;
and I have the pleasure to state, that the enrollments are
generally made; except in a few localities, where proximi¬
ty to the enemy has prevented it; and,the organizations will
soon be completed.
At this stage in our proceedings, we are met with formi¬
dable obstacles; thrown in our way, by the late act of Con¬
gress ; which subjects those between 17 and 50t, to enroll¬
ment as Conscripts, for Confederate service. This act of
Congress proposes to take from the State, as was done on a
former occasion, her entire military force, who belong to the
active list, and to leave her without a force in the.different
counties sufficient to execute her laws or suppress servile
insurrection.
Our Supreme Court has ruled, that the Confederate gov¬
ernment, has the power to raise armies by Conscription ;
but it has not decided, that it also has the.power, to enroll
the whole population of the State, who remain at home, so
as to place the whole people, under the military control of
the, Confederate government; and thereby, take from the
States all command over their own citizens, to execute their
own laws: and place the internal police regulations of the
States, in the hands of the President. It is one thing to
" raise armies", and another, and quite a different thing, to
put the whole population at home under military law, and
compel every man to obtain at?military detail, upon such
term? as the qentral government may dictate, and to carry a
military pass in his pocket, while he cultivat^his farm, or
attends to'his otKer necessary avocations at hc^B
Neither a planter nor an overseer engaged u^n the farm,
nor a blacksmith making agricultural implements, nor a mil-
14
JOURNAL OF THE SENATE,
ler grinding for the people at home, belongs to, or consti¬
tutes any part of the armies of the Confederacy ; and there is
not the shadow of Constitutional power, vested in the Con¬
federate government, for conscribing, and putting these
classes, and others engaged in home pursuits, under milita¬
ry rule, while they remain at home, to discharge these du¬
ties. If Conscription were Constitutional, as a means of
rais'ino- armies by the Confederate government, it could not
be Constitutional to conscribe those not actually needed, and
bp rmvloved in the army ; and the Constitutional power to
'raise armies",could never carry with it,thepower in Congress
to conscribe the whole people; who are not needed for the ar¬
mies • but are left at home, because more useful there ; and
place'them uader military government, and compel them to
get military details to plough in their fields, shoe their farm
horses, or go to mill.
Conscription carried to this extent, is the essence of mili¬
tary despotism ; placing all civil rights, in a state of subor¬
dination to military power ; and putting the personal free¬
dom of each individual in civil life, at the will of the chief
of the military power. But it may be said that Conscrip¬
tion may act upon one class as legally as another: and that
all classes are equally subject to it. This is undoubtedly
true. II the government has a right to conscribe at all, it
has a right to conscribe persons of all classes, till it has rais¬
ed enough to supply its armies. But it has no right to go
farther and conscribe all, who are by its own consent to re-
. main at home, to make supplies. If it considers supplies ne¬
cessary, somebody must make them ; and those who do it,
foeingno part of the army, should be exempt irorn Conscrip¬
tion, and the annoyance of military dictation, while engaged
in civil, and not military ^pursuits.
If all between 17 and 50 are to be enrolled and placed in
constant military service, we must conquer the enemy while
we are consuming our present crop of« provisions, or we are
ruined ; as it will be impossible for the old men over 50, and
the boys under 17, to make supplies enough, to feed our ar¬
mies and people, another year. I think every practical man
in the Confederacy who knows anything about our agricul¬
tural interests, and resources, will readily admit this.
If, on the other hand, it*is not the intention to put those
between 17 and 18, and between 45 and 50, into service, as
soldiers, but to leave them at home to produce supplies, and
occasionally to do police and other duties, within the State,
which properly belong to raie Militia of-a State ; or in other
words, if it is the intention simply to take the control of
them fron^fc State, so as to deprive her of all power, and
leave her ^Piout sufficient force to execute her own laws
or suppress servile insurrection; and place the whole Militia
of the State, hot needed for constant service in the Confed-
THURSDAY, MARCH 10th, 1864. 15
erate armies, under the control of the President, while en¬
gaged in their civil pursuits, the act is unconstitutional and
oppressive, and ought not to be executed.
If the'act is executed in this State, it deprives her of her
whole active Militia, as Congress has so shaped it as to in¬
clude the identical persons embraced in the act passed at
your late session, and to transfer the control of them all from
the State to the Confederate government.
The State has already enrolled-these persons under the
solemn act of her Legislature, for her own defense, and it is
a question for you to determine, whether the necessities of
the State ; her sovereignty and dignity, and justice to those
who are to be affected by the act, do not forbid, that she
should permit her organization to be broken up, and her
means of self-preservation to be taken out of her hands. If
this is done, what will be our condition ? I prefer to answer
by adopting the language of the present able and patriotic
Governor of Virginia : " A sovereign State without a sol¬
dier, and without the dignity of strength—stripped of all
her men, and with only the form and pageantry of power—
would indeed, be nothing more than a wretched dependen¬
cy, to which I should grieve to see our proud old Common¬
wealth reduced".
I may be reminded that the enemy hrs three times as
■ many white men, able to bear arms, as we have, and that it is
necessary to take all bet-ween the ages above mentioned, or
we cannot keep as many men in the field as he does.
If the result depended upon our ability to do this, we
must necessarily fail. But, fortunately for us, this is not
the case. While they have the advantage in numbers, we
have other advantages, which, if properly improved, they
*can never overcome. We are the invaded party, in the
right, struggling fot: all we have ; and for all that we expect
our posterity to inherit. This gives us great moral"advan¬
tage, over a more powerful enemy ;*who, as the invaders,
are in the wrong ; and are lighting for conquest and power.
We hav<? the inner and shorter lines of defense; while they
have the longer and much more difficult ones. For in¬
stance, if we desire to reinforce Dalton, from Wilmington,
Charleston, Savannah, and Mobile, or to reinforce either of
those points, from Dalton, we can do so by throwing troops
jrapidly over a short line from one point to the other. If the
enemy wishes to reinforce Charleston or Chattanooga, from
Washington or New Orleans, he must throw his troops a
long distance around, almost upon the circumference of a
circle; while ws meet them with our reinforcements, by
throwing them across the diameter of a semi-circle. This-
difference in our favor, is as great as four to oil£; and enables
us, if our troops are properly handled, to repel their assaults,
with little more than one-fourth their number.
16
JOURNAL OF THE SENATE,
In consideration of these, and numerous other advantages,
which an invaded people, united and determined to be free,
always has ; it is not wise policy for us to undertake to keep
in the field as large a number as the enemy has.
It is the duty of those in authority, in a (jpuntry engaged
in a war, which calls for all the resources at command, to
consider well, what proportion of the whole population, can
safely be kept under arms. In our present condition, sur¬
rounded by the enemy, and our ports blockaded, so that we
can place but little dependence, upon foreign supplies, we
are obliged to keep a sufficient number of men in the agricul¬
tural fields, to make supplies for our troops under arms, and
their families at home, or we must ultimately fail.
The policy which would compel all our men to go to the
Military field, and leave our farms uncultivated, and our
workshops vacant, would be the most fatal and unwise that
could be adopted. In that case, the eneniy need only avoid
battle, and continue the war, till we consume the supplies
now on hand, and we would be completely in their power.
There is a certain proportion of a people in our condi¬
tion, who can remain under arms, and the balance of the
population at home can support them. So long as that
proportion has not been reached, more may safely be taken ;
but' wThen it is reached, every man taken from the field of
production, and placed as a consumer in the military field
makes us that much weaker ; and if we go far beyond the
proportion, failure and ruin are inevitable ; as the army must
soon disband, when it pan no longer be supplied with the
necessaries of life. There is reason to fear, that those in au¬
thority have not made safe calculations upon this point, and
that they do not fully appreciate the incalculable impor¬
tance, of the agricultural interests, in this struggle.
We are able to keep constantly under arms two hundred
thousand effective men, and to support and maintain that
force bv our own resources and productions, for twenty
years to' come. No power nor State can ever be conquered
so long as it can maintain that number of good troops. If
the enemy should bring a million against us, let us'remem¬
ber, that there is such a thing as whipping the fight with¬
out fighting it, and avoiding pitched battles and unnecessa¬
ry collisions; let us give this vast force time to melt away
under the heat of summer and the snows of winter ; as did
Xerxes' army in Greece and Napoleon's in Russia, and the
enemy's resources and strength will exhaust when so prod¬
igally used, much more rapidly than ours, when properly
economised. In properly economising our strength and
husbanding our resources, lie our best hope of suceess.
Instead of making constant new drafts upon the agricul¬
tural and mechanical labor of the country, for recruits for
the army, to swell our numbers beyond our present muster
THURSDAY, MARCH 10th, 1864. 17
rolls, which must prove our ruin, if our provisions fail, I
respectfully submit that it would be wiser to put the troops
into the army, and. leave men enough at home to support
them. In other wo'rds, compel the thousands of young offi¬
cers in gold lace and brass buttons, who are constantly
seen crowding our railroads and hotels, many of whom can
seldom be found at their posts ; and the thousands of strag¬
gling soldiers who are absent without leave, or, by the
favoritism of officers, whose names are on the pay rolls, and
who are not producers at home, to remain at yieir places in
the army. This is justice alike to the country, to the tax
payers, to the gallant officers who stand firmly at the postr
of duty, and the gallant soldiers who seldom or never get
furloughs, but are always in the thickest of the fight. When
they are enduring and suffering so much, why should the
favorites oi power and those of their comrades who seek to-
avoid duty and danger, be countenanced or tolerated at
home, while their name's stand upon thfe muster rolls ?
If all who are able for duty, and who are now nominally
in service drawing pay from the Government, are compell¬
ed ,to do their duty faithfully, there will be no need of com¬
pelling men over 4-5 to leave their homes, or of disbanding
the State militia to place more men under the President's
control.'
CONFLICT WITH TIIE CONFEDERATE GOVERNMENT.
But it may be said that an attempt to maintain the rights
of the State will produce conflict with the Confederate
Government. I am aware that there are those who, from
motives not necessary to be here mentioned, are ever ready
to raise the cry of conflict, and to criticise and condemn the
action of Georgia, in every case where her constituted au¬
thorities protest against the encroachments of the central
power, and seek to maintain her dignity and sovereignty as
a State, and the constitutional lights and liberties of her
people.
Those who are unfriendly to State sovereignty and desire
to consolidate all power in the hands of the Confederate
Government, hoping to promote their • undertaking by ope¬
rating upon the fears of the timid, after each new aggres¬
sion upon the constitutional rights of the States, fill the
newspaper presses with the# cry -of conflict, and warn the
peopie to beware of those who seek to maintain their con¬
stitutional rights, as agitators or partisans who may embar¬
rass the Confederate Government in the prosecution of the;
war.
Let not the people be deceived by this false clamor. It
is the same cry of conflict which the 'Lincoln government
raised against, all who defended the rights of the Southern
States against its tyranny. It is the cry which the usur¬
pers of power have ever raised against those who rebuke
2
18
JOURNAL OF THE SENATE,
their encroachments and refuse to yield to their aggres¬
sions.
When did Georgia embarrass the Confederate Govern¬
ment in any matter pertaining to the vigorous prosecution
of the war? When did she fail to furnish more than her
full quota of troops, when she was called upon as a State
by the proper Confederate authority ? And when did her
gallant sons ever quail before the enemy, or fail nobly to
illustrate her character upon the battle field ?
She can not only repel the attacks of her enemies on the
field of deadly conflict, but she can as proudly repel the
assaults of those who, ready to bend the knee to power for
position and patronage, set themseltes up to criticise her
conduct, and she can confidently challenge them to point to
.a single instance in which she has failed to fill a requisition
for troops made upon her through the regular constitution¬
al channel. To the very last requisition made she respon¬
ded with over double the number required.
She stands ready at all" times to do her whole duty to the
'cause and to the Confederacy, but while she does thi3, she
will never cease to require that her constitutional rights be
respected and the liberties of her people preserved.
While she deprecates all conflict with the.Confederate Gov¬
ernment, if to require these be conflict, the conflict will never
end till the object is attained.
"For freedom's battle onee begun,
1'equeath'd by bieediugsire to son,
Though br.filed oft is ever won,"
will be emblazoned in letters of living light upon her proud
banners, until State sovereignty and constitutional liberty,
as weR as Confederate independence, are firmly established.
SUSPENSION OF THE HABEAS CORPUS.
I cannot withhold the expression of the deep mortifica¬
tion I feel at the late action of Congress in attempting to
suspend the privilege of the writ of Habeas Corpus, and to
confer upun the President powers expressly denied to him
by the Constitution of the Confederate States. Under pre¬
text of a necessity which our whole people know does not
. exist in this case, whatever may have been the motives, our
Congress with the assent and at the request of the Execu¬
tive, has struck a fell blow at the liberties of the people of
these States.
The Constitution of the Confederate States declares that,
* 'The privilege of the writ of habeas corpus shall not be sus¬
pended, unless when in cases of rebellion or invasion- the
public safety may require it." The power to suspend the
habeas corpus at all is derived, not from express and direct
delegation, but from implication only, and an implication
can never be raised in opposition to an express restriction.
In case of any conflict between the two, an implied power
THURSDAY, MARCH 10th, 1864.
19
must always yield to express restrictions upon its exercise.
The power to suspend the privilege of. the writ of habeas
corpus derived by implication must therefore be always lim¬
ited by the express declaration in the Constitution that:
'•The right of the people to be secure in their pers»nsf
* houses, papers, and effects, against unreasonable searches
and seizures shall not be violated; and vo warrants shall issue
. but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized," and the further declaration
that, "no person shall be deprived of life, liberty or proper¬
ty, without due process of law."- And that,
"In all criminal prosecutions the accused shall enjoy the
right of a speedy and public trial by an impartial jury of the
State or District where the crime shall have been commit¬
ted, which district shall have been, previously ascertained
by law, and to be informed of the nature and cause of the
accusation ; to be confronted with the witnesses against
'him ; to have compulsory process for obtaining witnesses
in his favor ; and to have the assistance of counsel for his
defense."
Thus it is an.express guaranty of the Constitution, that
the "persons" of the people shall be secure, and "no warrants
shall issue," but upon probable cause, supported by oath or
affirmationparticularly describing "the persons to be seiz¬
ed ;" that, "no person shall be deprived of liberty > without
due process of law" and that in "all criminal prosecutions"
the accused shall enjoy the right cf a speedy and public trial,
by an impartial jury."
The Constitution also defines the powers <5f the Execu¬
tive, which are limited to those delegated, among which
' there is no one, authorizing him to issue warrants or order
'arrests of persons not in actual military service ; or to sit as
a judge in any case, to try any person for a criminal offense,
or to appoint any court hr tribunal to do it', not provided for
in the Constitution as part of the judiciary. The power to
issue warrants and iry persons under criminal accusations
ara judicial powers, which belong under the Constitution,
exclusively to the judiciary and not to the Executive. His
power to order arrests as Commander-in-Chief is strictly a
military power, and is confined to the arrest of persons sub¬
ject to military power, as to the arrest of persons in the army
or-navy of the Confederate States; or in the militia, when
in the actual service of the Confederate-States; and does
not extend to any persons-in civil life, unless' they be fol¬
lowers of the camp or within the lines of the«army. This
is clear from that provision of the Constitution which de¬
clares that,
"No person shall be held to answer for a capital or other¬
wise infamous crime, unless on a, presentment or indictment o£
20
JOURNAL OF THE SENATE,
a o-randjury, except in cases arising in the land or naval >?'-
ccs or in the militia when in actual service in time of war or
public danger." But even here, the power of the President
as Commander-in-Chief, is not absolute, as his powers and
duties in ordering arrests of persons in the land or naval
forces, or in the militia when in actual service, are clearly
defined by the rules and articles of war prescribed by Con¬
fess. Any warrant issued by the President, or any arrest
made by him, or under his order, of any person in civil life
and not subject to military command, is illegal and in plain
violation of the Constitution as it is impossible for Congress
by implication, to confer upon the President the right to
exercise powers of arrest, expressly forbidden to him by the
Constitution. Any effort on the part of Congress to do
this, is but an attempt to revive the odious practice of or¬
dering political arrests,'or issuing letters de cachet_ by royal
prerogative, so long since renounced by our English ances¬
tors ;°andthe denial of the right ot the constitutional judi¬
ciary to investigate such cases, and the provision for creating
a court appointed by the Executive and changeable at his.
will, to take jurisdiction of the same, are in violation of the
creat principles of Magna Gharta, the Bill of .Rights, the
Habeas Corpus act, and the Constitution of the Confeder¬
ate States, upon which both English and American liberty
rest • and are but an attempt to revive the odious Star-
Chamber court of England, which in the hands of wicked
kings, was used for tyranical purposes by the cown, until
it was finally abolished by act of parliament, of 16th Charles
the first, which went into operation on the first of August
1641. This act has ever since been regarded as one of the
o-reat bulwarks of English liberty ; and as it was passed by
the English Parliament to secure our English ancestors,
against the very same character of arbitrary arrests, which
the late act of Congress is intended to authorize the
President to make; I append a copy of it to this message,
with the same italics and small capital letters, which are
used in the printed copy in the book from which it is taken.
It will be seen that the court of "Star-Chamber," which
was the instrument in the hands of the English king, for
investigating his illegal arrests and carrying out his arbitrary
decrees, was much more respectable, on account of the
• character, learning and ability of its members, than the
Confederate Star-Chamber, or court of "proper officers,"
which the act of Congress gives the President power to ap¬
point to investigate his illegal arrests..
I am aware of no instance in which the British king has
"ordered the arrest of any person in civil life, in any other
manner, than by judicial warrant, issued by the established
courts of the realm ; or in which he has suspended, or at¬
tempted to suspend the privilege of the writ of habeas cor-
THURSDAY, MARCH 10th; 1S64. 21
pus, since the Bill of Rights and act of settlement passed in
1689. To attempt this in 1S64 would cost the present
reigning Queen no less price than her crown.
The only suspension of the privilege of the writ of habeas
corpus known to our Constitution, and compatible with the
provisions already stated, goes to the simple extent, of pre-
venting th6 release under it of persons whose arrests have
been ordered under constitutional warrants from judicial
authority. To this extent the Constitution allows the sus¬
pension in case of rebellion or invasion, in order that the
accused may be certainly and safely held for trial; but Con¬
gress has no r.ght under pretext of exercising this-power,
,to authorize the President, to make illegal arrests prohibited'
by the Constitution ; and when Congress has attempted to
confer such powers on the President, if he should order
such illegal arrests, it would be the imperative duty of the
judges, who have solemnly sworn, to support the Constitu¬
tion, to disregard such unconstitutional legislation ; aBcf
grant relief to persons so illegally imprisoned; and it
would be the duty of the Legislative and Executive depart¬
ments of the States to sustain and protect the judiciary in
the,discharge of this ©bligation.
By an examination of the act of Congress, now under
consideration, it will be seen that it is not an act to suspend
the privilege of the writ of habeas corpus in case of warrants
issued by judicial authority ; but the main purpose of the
act seems to be to authorize the President to issue war¬
rants supported by neither oath nor affirmation and to make
arrests of persons not in military service, upon charges of a
nature proper for investigation in the judicial tribunals on¬
ly, and to prevent the Courts from inquiring into such arr
rests, or granting relief against such illegal usurpations of
power, which are in direct and palpable violation of the
Constitution.
The act enumerates more than twenty different causes of
arrest, most of which are cognizable and.tryable only in
the judicial tribunals established by the Constitution ; and
for which no warrants can legally issue for the arrest of per¬
sons in civil life by any power except the judiciary ; and
then only*upon probable cause supported by oath or affir¬
mation, particularly describing the persons _ to be seized ;
such as "treason" ''treasonable efforts or combinations to sub¬
vert the Government of the Confederate States," "conspira¬
cies to overthrow the Government," or "conspiracies to re¬
sist the lawful authority of the Confederate States," giv¬
ing the enemy, "aid and comfort' "attempts to incite
servile insurrection," "the burning of bridges," "Railroad,"
or "Telegraph lines," "harboring deserters," and "other of¬
fences against the laws of the Confederate States," &c.,
And as if to place the usurpation of power beyond doubt
22 JOURNAL OF THE SENATE,
or cavil, the act expressly declares that the "suspension
shall apply only to the case ot persons, arrested or detained
by the President., the Secretary of'War, or the General offi¬
cer commanding the Trans Mississippi Military Department,
by authority and under the control oj the President.in the cases
enumerated in the act, most of which are exclusively of
judicial cognizance, and in which cases the President has not
the shadow of Constitutional authority to issue roan-ant,$ or
order arrests, but is actually prohibited by the Constitution
from doing so.
This then is r\ot an act to suspend the privilege of the
writ of habeas corpus, in the manner authorized by implica¬
tion by the Constitution ; but it is an act to authorize the
President to mak.e illegal and unconstitutional arrests, in cases'
which the Constitut on gives to the judiciary, an 1 denies
to the Executive ; and to-prohibit all judicial interference
for the relief of the citizen, when tyranized over by illegal
arrest, under letters de cachet issued by Executive authori¬
ty'
Instead of the legality of the arrest being examined in
the judicial tribunals appointed by the Constitution, it is to
be exarnin *1 in the Confederate Star Chamber; that is, by
officers appointed by the President. Why say that' the
President shall cause ])roper officers to investigate" the legali¬
ty of arrests ordered by him ? Why not permit the Judges,
whose constitutional right and duty it is to do it ?
We are witnessing with too much indi:l':rence assump¬
tions of power by the Confederate Government which in
•ordinary times would arouse the whole country to indig¬
nant rebuke and stern resistance. History teaches.us that
submission to one encroachment upon conssitutional liber¬
ty is always followed by another ; and we should not for¬
get that important rights, yielded to those in power, with¬
out rebuke or protest, are never recovered by the people
without revolution.
If this act is acquiesed in, the President, the Secretary
of War, and the commander of the Trans Mississippi, de¬
partment under the control of the President; each has the
power conferred by Congress, to imprison whomsoever he
chooses ; and it is only necessary to allege that it is done
on account of "treasonable efforts" or of "conspiracies to
resist the lawful authority- of the Confederate States," or
for "giving aid and comfort to the enemy," or other of the
causes of arrest enumerated in the Statute, and have a sub¬
altern to file his affidavit accordingly, after the arrest if a
writ of habeas corpus is sued out, and no Court dare in¬
quire into the cause bf the imprisonment. The Statute
makes the President and not the courts the judge of the
sufficiency of the cause for his own acts. Either of you or
any other citizen of Georgia, may at any moment (as Mr.
Vallandigham was in Ohio) be dragged from your homes at
midnight by armed force, and imprisoned at the will of
THURSDAY, MARCH 10th, 1864.
23
President, upon the pretext that you have been guilty of
some offense of the character*above named, and no court
known to ourjudiciary, can inquire into the wrong or'grant
relief.
When such bold strides towards military despotism and
absulute authority are taken by those in whom we have
confided ; and who have been placed in high official po¬
sition, to guard and protect constitutional and personal
liberty; it is the duty of every patriotic citizen to sound
the alarm ; and of the State Legislatures to say in thunder
tones, to those who assume to govern us by absolute pow¬
er, that there is a point beyond which freemen will not
permit encroachments to go.
The Legislatures of the respective States are looked to
as the guardians of the rights of those whom they repre¬
sent, and it is their duty to meet such dangerous enact¬
ments upon the liberties of the people promptly ; and ex¬
press their unqualified condemnation ; and to instruct their
Senators and request their Representatives to repeal this
most .monstrous act, or resign a trust which by permitting
it to remain on the statute^ book they abuse, to the injury
of those, v^ho have honored them with their confidence, in
this trying period of our history. I earnestly recommend
that the Legislature of this State take prompt action upon
this subject, and stamp the act with the seal of their indig¬
nant rebuke.
Can the President no longer trust the judiciary with the
exercise of the legitimate powers conferred upon it by the
Constitution and laws? In what instance have the grave
and dignified Judges proved disloyal"or untrue to our cause ?
When have they embarrassed the government by turning
loose traitors, skulkers or spies ? Have they not in every
instance given the Government the benefit of their doubts
in sustaining its action, though they might thereby seem
to encroach upon the rights of the States, and for a time #
deny substantial justice to the people ? Then why this
implied censure upon them ?
What justification exists now for this most monstrous
deed, which did not exist during the first or second year of .
the war, unless it be found in the fact, that those in pow¬
er have found the people ready to submit to every encroach¬
ment, rather than make an issue with the Goveinment,
while we are at war with the enemy ; and have on that -
.account been emboldened to take the §tep which is intend¬
ed Co make the President as absolute in his power of arrest
and imprisonment as the Czar of all the Russias ? What
reception would tffe members of Congress from the differ¬
ent States have met in 1861, had they returned to their
constituents and informed them that they had suspended
the habeas corpus, and given the President the power to.im-
24
JOURNAL OF THE SENATE,
prison the people of these States with" na restraint upon
his sovereign will "? Why is liberty less sacred now than
it was in 1861 ? And what will we have gained when we
have achieved our Independence of the Northern States '?
if in our effort to do so, we have permitted our form, of
o-overnment to be subverted, and have lost Constitutional
& .
liberty at home ?
The hope of the country now rests in the new Congress
soon to assemble. They must maintain our liberties
against encroachment and wipe this, and all such stains
from the statute book, or the Sun of liberty will soon set
in darkness and blood.
Let the constituted authorities of each State, send up to
their representatives when they assemble in Congress, an
unqualified demand for prompt redress ; or a return of the
commissions which they hold from their respective States.
THE CAUSES OP THE WAR, HOW CONDUCTED, AND WHO RES¬
PONSIBLE.
Cruel bloody desolating war is still waged against us by
©ur relentless enemies, who disregarding the laws of nations
and the rules of civilized warfare, whenever either inter¬
feres with their fanatical objects or their interest, ha've in
numerous instances been guilty of worse than savage cruel¬
ty.
They have done all in their power to burn our cities when
unable.by their skill and valor to occupy them ; and to turn
innocent women and children who may have escaped death
by the shells thrown among them without previous notice,
into the streets destitute of homes, food and clothing.
They have devastated'our country wherever their unhal
lowed feet have trod our soil, burning and destroying fac¬
tories, mills, agricultural implements, and other valuable
property.
They have cruelly treated our sons while in captivity,
and in Violation of a cartel agreed upon, havq refused to ex¬
change them with us for their own soldiers, unless we would
consent, against the laws of nations, to exchange our slaves
as belligerants, when induced or forced by them to take up
.arms against us.
They have done all in their power to incite our slave's to
insurrection and murder, and when unable to seduce them
from their loyalty, have when they occupied our country,
•compelled them to engage in war against us.
They have robbed us of our negro women and children
who were comfortable contented and happy with their ow¬
ners, and under pretext of extraordinary philanthropy, have
in the name of liberty, congregated thousands of them to¬
gether in places where they could have neither the comforts
nor the necessaries of life, there neglected and despised, to
die by pestilence and huhger.
THURSDAY, MARCH lOTii, 1864.
# In numerous instances their brutal soldiers have violated
the persons of our innocent and helpless women ; and have
desecrated the graves of our ancestors, and polluted and de¬
filed the altars which we have dedicifted to the worship of
the Li vino; God. , ,
In addition to these and other enormities, hundreds of
thousands of valuable lives both North and South have been
sacrificed, causing the shriek of the mother, the wail of the
widow, and the cry of the orphan, to ascend to Heaven,
from almost every hearthstone in all the broad land onc6
known as the United States.
Such is but a faint picture of the devastations, cruelty,
and bloodshed, which have marked this struggle.
War in its most ntiiigated form, when conducted accord¬
ing to the rules established by the most enlightened and civ¬
ilized nations is a terrible scourge, and cannot exist without
the most enormous guilt resting upon the heads of those,
who have without just cause, brought it upon the innocent
and helpless people who are its unfortunate victims. Guilt
may rest in unequal degree? in a struggle like this, upon
both parties, but both cannot be innocent. Where then
rests this crushing load of guilt ?
While I trust I shall be able to show that it rests not up¬
on the people nor rulers of the South, I do not claim that it
rested at the commencement of the struggle upon the whole
people of the North,
Tnere was a large intelligent and patriotic portion of the
people of the Northern States, led by such men as Pierce,
Douglas, Yallandingham, Bright, Voorhies, Pugh, Seymour,
Wood, and many other honored names, who did all in their
power to rebuke and stay the wicked reckless fanaticism
which precipitated the two sections into this terrible con¬
flict. With such men as these in power, we might have
lived together in the Union perpetually.
In addition to the strength of the Democratic party in
the North there were a large number of persons whose ed¬
ucation had brought them into sympathy with the so called
Republican, or in other words, the old federal consolidation
party, who would never have followed the wicked leaders
of that party who used the slavery question as an hobby
upon which to ride into power, and who to-day stand be¬
fore Heaven and Earth guilty of shedding the blood of hun¬
dreds of thousands, and destroying the brightest hopes of
.posterity, had they known the true objects of their leaders,
and the results which must follow the triumph of their pol¬
icy at the ballot box.
The moral guilt of this war rested then in its incipiency
neither upon the people of the South, nor up6n the demo¬
cratic party of the North, or upon that part of the Repub¬
lican party who were deluded and deceived. But it rested
26
JOURNAL OF THE SENATE,
upon the heads of the wicked leaders of the Republican
party, who had refused to be bound by the compacts of the
Constitution made by our common ancestry. These men
when m power in the respective States of the North ar¬
rayed themselves in open hostility against an important pro¬
vision of the Constitution, for the security of clearly ex¬
pressed and unquestionable rights of the people of the
Southern States.
Many of the more fanatical of them, denounced the Con¬
stitution because of its protection of the property of the
slaveholder, as a "covenant with death and a league with
Hell,"arid refusing to be bound by it, declared that a "high¬
er law" was the rule of their conduct, and appealed to the
Bible as that "higher law." But when the precepts of God
in favor of slavery were found in both the old and the new
testament they repudiated the Bible and its Divine Author,
and declared tor an anti-Slavery Bible and an anti-Slavery God.
The abolition party having when in power in their respec¬
tive States, set at naught that part of the Constitution
which guarantees protection to the rights and property of
the Southern people, and having by fraud and.misrepresen¬
tation obtained possession of the federal government, the
Southern people in self-defence were compelled to leave the
Union in which their rights were no longer respected. Hav¬
ing destroyed the Union by their wicked acts and their bad
faith, these leaders, rallied a majority of the people of the
North to their support with a promise to restore it again
by force. Monstrous paradox! that a Union which was
formed upon a compact between sovereign States, being em¬
inently a creature of consent, is to be upheld by force. But
monstrous as it is, the war springs ostensibly from this
source—this is its origin its spul and its life, so far as a shad¬
ow of pretext for ife can be found. In their mad effort to
restore by force a Union which they have destroyed, and to
save themselves from the just vengeance which awaited
them for their crimes ; the abolition leaders in power have
lighted up the continent with a blaze of war* which has
destroyed hundreds of millions of dollars worth of property,
and hundreds of thousands of valuable lives, and loaded pos¬
terity with a debt'which must cause wretchedness and pov¬
erty for generations to come. And all for what"? That fa¬
naticism might triumph over constitutional liberty, as
achieved by the great men of 1776, and that ambitious men
might have place and power.- In their efforts to destrov
our liberties, the people of the North if successful would
inevitably lose their own, by overturning as they are now
attempting to do, the great principles of Republicanism up¬
on which constitutional liberty rests. The government in
the hands of the abolition administration is now a despotism
as absolute as that of Russia.
THURSDAY, MARCH 10th, 1564. 27
. Unoffending citizens are seized in their beds at night by
armed force and dragged to dungeons and incarcerated at
the will of the tyrant, because they have dared to speak for
constitutional liberty, and to protest against military des¬
potism.
The Habeas Corpus that great bulwark of liberty, without
which no people can be secure in their lives persons or pro¬
perty, which cost the English several bloody wars, and
which was finally wrung from the crown by the sturdy
Barons and people at the point of the bayonet; which has
ever been the boast of every American patriot, and which
I pray God may never, under pretext of -military necessity be
yielded to encroachments by the people of the South ; has
been trampled under foot by the Government at Washing¬
ton, which imprisons at its pleasure whomsoever it will. *
The freedom of the ballot box has also been destroyed,
and the elections have been carried by the overawing influ¬
ence of military force.
Under pretext of keeping men enough in the field to
subdue the South, President Lincoln takes care to keep
enough to hold the North in subjection also—to imprison,
or exile those who attempt to sustain their ancient rights,
liberties, and usages, and to drive from the ballot box
those who are not subservient to his will, or enough of
them to enable his party to carry the elections. Can an
intelligent Northern. Conservative man contemplate this
state of things, without exclaiming whither are we drifting?
What will we gain by the "subjugation of the South, if in.
our attempt to do it we mus t lose our own liberties;
and visit upon ourselves and our posterity the chains of
military despotism ?
How long a people once free will submit to the despot¬
ism of such a government the future must develop. One
thing is certain while those who nowT rule remain in power
in Washington the people of the Sovereign States of Ameri¬
ca can never adjust their difficulties. But war, bloodshed,
devastation, and increased indebtedness, must be the inevi¬
table "result. There must be a change of administration,
and more moderate councils prevail in the Northern States
before we can ever have peace. While subjugation, abo¬
lition, and Confiscation, are the terms offered by the Fede¬
ral Government, the Southern people will resist, as long as
the patriotic voice of woman can stimulate a Guerilla band,
or a single armed soldier to deeds of daring in defence of
liberty and home.
I have said the South is not the guilty party, in this,
dreadful carnage, aftd I thiqk it not inappropriate that the
reasons should be often repeated, at the bar of an intelli¬
gent public opinion ; that our own people and the world
should have "line upon line" and "precept upon precept,"'
2S
JOURNAL OF THE SENATE,
■"here a little and there a little," "in season and out of
season," as some may suppose, to show the true nature of
this contest—the principles involved—-the objects of the
war on our side, as well as that of the enemy, that all
right minded men every where may see and understand,
that this contest is'notnf our seeking and that we have ha^ no
wish or desire to injure those who war against us, except
so far as has been necessary for the protection and preser¬
vation of ourselves. Our sole object from the beginning
has been to defend, maintain and preserve our ancient usa¬
ges, customs, liberties, and institutions, as achieved and es->
tablished by our ancestors in the revolution of 1770.
That Revolution was undertaken to establish two great
rights—State Sovereignty—and self government. Upon
these the declaration of Independence was predicated, and
they were the Corner Stone upon which the Constitution
rested. The denial of these two great principles cost Great
Britian her American Colonies which had so long been her
pride. And the denial of them by the Government at
Washington if persisted in, must cost the people of the
United States the liberties of themselves and their posteri¬
ty. These are the pillars upon which the temple of Con¬
stitutional liberty stands, and if the Northern people in
their mad eflort to destroy the Sovereignty of the Southern
States and take from our people the rights of self govern¬
ment, should be able,with the strength of an ancient Samp¬
son, to lay hold upon the pillars, and overturn the edifice,
they must necessarily be crushed beneath its. ruins, as thft.
■destruction of State Sovereignty and the right of. self gov¬
ernment .in the Southern States, by the agency of the Fed-
deral Government, necessarily involves the like destruction
in the Northern States; as no. people- can maintain these
rights for themselves who will shed the bloo^ of their
neighbors to destroy them in others. It is impossible for
half the States of a Confederacy, if they assist the cientral
government to destroy the rights and .liberties of the other
half, to maintain their own rights and liberties, against the
central power, after it has crushed their Cp-States.
The two great truths announced by Mr. Jefferson, in the
the declaration of Independence and concurred in by all
the great men of the revolution were, 1st, "That Govern¬
ments derive their just powers from the consent, of the Gov¬
erned." 2nd, "That these United Colonies are, and of right
ought to he free and independent States
, We are not to understand by the first great truth that
each individual member of the aggregate mass composing
the State must give his consent befofe he can be justly
governed ; or that the consent of each, or a particular class
of individuals in a State is necessary. By the "governed'*
is evidently here meant communities and bodies of men
THURSDAY, MARCH 10th, 1864. 29
capable of organizing and maintaining government. Thfe
"consent of the governed," refers to the aggregate will of
the community or JState in its organized form, and ex¬
pressed through its legitimate and properly constituted or¬
gans.
In elaborating this great truth Mr. Jefferson in the decla¬
ration of Independence says, that governments are institu¬
ted among men to secure certain "inalienable rights"—
that "among these are life, liberty and the pursuit of hap¬
piness "that whenever any form of government becomes
destructive of these ends, it is the right of the people to
alter or to abolish it, and to institute a new government
laying its foundation on such principles, and organizing its
powers in such form,.as to them shall seem most likely to
effect their safety and happiness,"
According to this great fundamental principle the Sov¬
ereign States of America, North and South, can only be
governed by their own consent, and whenever the Govern¬
ment to which they have given their consent, becomes de¬
structive of the great ends for which it was formed, they
have a perfect right to "abolish it," by withdrawing their
consent from it, as the Colonies did from the British Gov¬
ernment, and to form a "new Government," with its foun¬
dations laid on such principles, and its powers organized
in such form as tothem shall seem most likely to effect
their safety and happiness." Upon the applicatidh to the
present controversy, of this great principle, to which the
Northern States are as firmly committed as the Southern
States, Georgia can proudly challenge New York to trial
before the bar of enlightened public opinion, and impartial
histpry must write the verdict in her favor, and triumph-
antly'vindicate her action in the course she has pursued.
Not only all the Sovereign States of America have hereto¬
fore recognized this great truth, but it has beep recognized
by the able and enlightened Emperor of the French who
owes his present elevation to the "consent of the governed."
He was called to the Presidency by the free suffrage or
consent of the French people, and when he assumed the
imperial title he again submitted the question to the "gov¬
erned" at the ballot box, and they gave their "consent."
At the recent treaty of peace with the Emperor of Aus¬
tria he ceded an Austrian province to France, and Napo¬
leon refused to "govern it, till the people at the ballot box
gave "their consent," that he should do so.
The Northern States of America, are to-day, through the-'
agency of the despotism at Washington, waging a bloody
war upon the Southern States; to crush out this great
American principle, announced, and maintained in a seven
years war, by our common ancestry, after it has won the
30
JOURNAL OF THE SENATE,
approbation of the ablest and most enlightsned Sovereign
of Europe,
In discussing this great principle, 1 can but re¬
mark, how strange is the contrast bet ween the conduct of
the Emperor Napoleon, and that of President Lincoln. Na¬
poleon refuses to govern a province till a majority of the
people at the ballot box has given their consent. Lincoln
after having done all in his power to destroy the freedom
and purity of the ballot box, announces in his late procla¬
mation his determination to .govern the Sovereign States of
the South by force, and to Recognize and maintain as the-
Government af these States, not those who at the ballot-
box can obtain the "consent of the governed," or of a ma¬
jority of the people, but those who can obtain the consent
of one tenth of the people of the- State. Knowing that he
can never govern these States with "the consent of the
o-overned," he tramples the declaration of Independence
under his feet, and proclaims to the world, that he will
govern these States, not by the "consent of the governed"
but by military power, so soon as he can find one tenth of the
governed humiliated enough to give their consent.
- But the world must be struck with the absurdity of the
pretext upon which he bases this extraordinary pretension.
He says, in substance the Constitution requires him to
guarantee to each State a republican form of Government.
And for the purpose of carrying out this provision of the
Constitution he proclaims that, so soon as one tenth of the
peoplexof each of the seceded States shall be found abject
enough to take an oath to support his unconstitutional acts,
and at the same time to support the Constitution, and
shall do this monstrous deed, he will permit them to
organize a State Government, and will recognize them as
the Government of the State, and their officers as the regu¬
larly constituted authorities of the State. These he will
aid in putting down, driving out, expelling, and extermi¬
nating, the other nine tenths, if they do not likewise take
the prescribed oath.
One-tenth of the people of a State put up, and aided by
military force, to rule, govern or exterminate nine-tenths!
And this to be done under the guise or professed object of
guaranteeing republicanism! What would Washington^1
Jefferson, Madison, Monroe, Adams, Hancock, or even Ham
ilton, have said to this kind of republicanism? What say
the conservative Northern'statesmen of the present day, if
permitted to speak? Does such a government as this de¬
rive its just powers from the "consent 'of the governed?'
Is this their understanding of the republican government
which, the United States is to guarantee T;o each State? If
so, what guaranty have they for the freedom of their pos¬
terity? If the government at Washington, guarantees such
THURSDAY, MARCH 10th, 1364. 31
republicanism as'this to Georgia, in 1864, what may be her
guaranty to Ohio and other Western States in 1874"?
The absurdity of such a position on Constitutional prin¬
ciples or fiews, is too glaring for comment. When such
terms are offered to them, well may the people of these
States be nerved to defend their rights and liberties at eve¬
ry hazard, under every privation, and to the last extremity.
But I must notice the other great truth, promulgated in
the declaration of Independence-—"that these IJniteu Col¬
onies, are and*of right, ought to be*free and independent
States." *
George the third, denied this great truth in 1776, and
sent his armies into Virginia, the Carolinas, and. Georgia, to
crush out its advocates, and maintain over the people, a
government which did not derive its powers from the "oon-
sentof the governed." President Lincoln in 1861, has made
war upon the same States and their Confederates, to crush
out the same doctrine by armed force. Yet he has none of
the apparent jugtification before the world, that the British
King had. The colonies had been planted, nurtured and
governed by Great Britain.—As States, they had never been
independent and never claimed to be. This claim was set
up for the first time, in the declaration of Independence.
Under these circumstances, there was some reason why the
British Crown should resist it. But the great truth pro-
• claimed was more powerful than the armies and navy of
Great Britain.
On the 4th of July, 1776, our fatheys made this declara¬
tion of the freedom and Independence of the States. #The
revolution was fought upon this declaration, and on the 3d
day of September 1783, in the treaty of peace, "His Brit-
anic Majesty, acknowledges the said United States, to-wit,
New Hampshire, Massachusetts Bay, Rhode Island ancl Pro¬
vidence Plantations, Connecticut, New York, New Jersey,
PennsvlvcTiia, Delaware, Maryland, Virginia, North Caroli¬
na, South Carolina, and Georgia, to be free sovereign and in¬
dependent. States, that he treats with them as such," &c.
On and after that day Georgia stood before the world,
clad in all the habiliments, and possessed of all the attri¬
butes of sovereignty. When did Georgia lose this sover¬
eignty? Was it by virtue of her previous compact with her
' sister States? Certainly not.
The Articles of Confederation between the colonies, du¬
ring the struggle, set torth the objects to be attained, and
the nature of the bond between the parties to it, and the
separate sovereignty of each of the States a party to it, was
expressly reserved. Was it when she with the "other States t
formed the Constitution in 1787? Clearly not. The Con-,'
stitution was a conipact between th'e thirteen States, each.
32 JOURNAL OF THE HOUSE,
. *■
of which had been recognized separately by name, by the
British King, as a Jree sovereign and independent State.
The objects and purposes for which the federal govern¬
ment was formed, were distinctly specified and were all set'
forth in the compact. The government created by it was
limited in its powers by the grant, wi£h an"express reserva¬
tion of all powers not delegated. The great attribute of
separate State Sovereignty, was - not delegated. ■ In this par¬
ticular, there was no change from the Articles of Confeder¬
ation, Sovereignty w.as still reserved and abided with the
States respectively. This more ^'perfect Union," was bas¬
ed upon the assumption that it was for the best interest of
all the States to enter into it, with the additional grant of
powers and guarantees—each State osing bound as a sover-,
ei<m to perform and discharge to the others, all the new ob¬
livions of the compact. It was so submitted to the peo¬
ple of the States respectively and so acceded to by them.
The States didiiot part with their separate sovereignty by the
adoption of'the Constitution. In that instrument all the
powers delegated, are specifically mentioned. Sovereignty
the orea-test of all political powers, the source from which
all others emanate, is not amongst those mentioned. It
could not have been parted with except by grant either ex¬
pressed or clearly implied. The most degrading act a State
can do is to lay down or surrender her sovereignty. Indeed
it can not be done except by deed or grant. The surrender
is not to be found in the Constitution amongst the express-
ly granted powers. It can not be amongst those granted
by implication; for by the terms of the compa.t none are
o-ranted by implication except such as are incidental to, or
necessary and proper to execute those that are expressly.
oranted. The incident can nt^ver be greater than the ob¬
ject— anil if nothing in the powers expressly granted
amounts to sovereignty, that which is the greatest of all
powers, can not follow or be carried after a lesser one, as
an incident by implication—and then <to put the matter at
rest forever, it is expressly declared that the powers not
delegated, are reserved to the States respectively or to the
people. Sovereignty the great source of all power,, therefore
was left with the States by the compact, left where King
George left it, and left where it has ever since remained,
and will remain forever if the people of the States are true
to themselves, and true to the great pri»ciples which their
forefathers achieved at such cost of blood and treasure, in
the war of 1776.
The constitution was only the written contract or bond,
between the sovereign States in which the covenants were
• all plainly expressed, and each State as a sovereign pledged
its faith to its sister States, to observe and keep these cov¬
enants, £o long as each did this, all were bound by the com-
THURSDAY, MARCH 10TH, 1864. 33
pact. But it is a rule as well known and as universally re¬
cognized in savage as in civilized life—as well understood
and as generally acquiesced in between sovereign States, as
between private individuals, that when one party to a con¬
tract refuses to be bound by it, and to conform to its re¬
quirements, the other party is released from further compli
ance.
Without entering into an argument to show the manner
in which-the Northern States had perverted the contract,
c»id warped its terms to suit their own interest, in the en¬
actment and enforcement of tariff laws for the protection of
their industry at the expense of the South, and in the en¬
actment of internal improvement laws,* coast navigation
laws, fishery laws, &c., &c., which were intended to enrich
them at the expense of the people of the South; I need
cite but a single instance of open, avowed, self-confessed,
and even boasted, violation of the compact by the Northern
States, to prove that the Southern States were released and
discharged, from further obligation, to the Northern States,
by every known rule of law, morality, or comity.
One of the express covenants in the written bond, to
which the Northerri States subscribed, and without'which
as is clearly seen by reference to the debates in the Conven¬
tion which formed the Constitution, the Sothern States nev¬
er would have agreed to or fprmed the compact, was in
these words:
"No person held to service or labor in one State, under
the laws thereof escaping into another, shall in consequence,
of any law or regulation therein be discharged from such ser¬
vice or labor, but shall be delivered up on claim of the par- *
ty to whom such service or labor may be due.'1 :
Massachusetts and other abolition States, utterly repudi¬
ated, annulled and set at naught this provision of the.Con-
stitution; and refused either to execute it or to permit the
constituted authorities of the Unitecl^States, to carry it out,
within their limits.
This shameful violation by Massachusetts, of her plight¬
ed faith to Georgia, and this refusal to be bound by the
parts of the Constitution, which she regarded burdensome
to her, and unacceptable to her people, released Georgia
according to-every principle of international law, from fur¬
ther compliance on her part. In other words, the Consti¬
tution was the bond of Union between Georgia and Massa¬
chusetts, and when Massachusetts, refused longer to be
bound by the Constitution, she thereby dissolved the union,
between her and Georgia.
It is truthfully said in the declaration of Independence,,
that "experience hath shown, that mankind are more dis¬
posed to suffer while evils are sufferable, than to right
themselves by abolishing the forms to which they are ac-
<3 ''' '
34
JOURNAL OF THE SENATE,
customed," So it was with Georgia and her Southern sis¬
ters in this case. Though Massachusetts and other North¬
ern States, by their faithless acts, and repudiation of the
compact, had dissolved the union existing between the
States; the Southern States did not declare the dissolution;
hoping that a returning sense of. justice on the part of the
Ncthern States, might cause them again to observe their
Constitutional obligations. So far from this being the case,
they'construed our forbearance, into a consciousness of our
weakness, and inability to protect ourselves; and they or¬
ganized a great sectional party; whose political creed was
founded in injustice to the South; and whose public declar¬
ations, and acts, sustained the action of'Massachusetts, and
the other faithless States.
This party whose creed was avowed hostility to the
rights of the South, triumphed, in the election for Presi¬
dent in I860. The election of a federal Executive by a sec¬
tional party, upon a platform of avowed hostility to the
Constitutional rights of the South, to carry out in the Fed¬
eral administration the doctrines of Massachusetts, and oth¬
er-faithless States, left no further ground for hope, that the
rights of the South would longer be respected by the North¬
ern States; which had not only the Executive, but a major¬
ity of the Congress.
The people of the Southern States, each sovereign State
acting for itself, then met in Convention; and in the most
solemn manner known to our form of government, resumed
the exercise oi the powers which they had delegated to the
common agent,; now faithless to the trust reposed in it.
The right of Georgia as a.member to the original Com¬
pact to do this, is too clear for successful denial. And the
. right of Alabama, and the other States, which had been ad¬
mitted into the union , since the adoption of the,Constitu¬
tion, is equally -incohtrovertable; as each new State came
into the union as a sovereign, upon an equal footing in all
respects whatever, with the original parties to the Com¬
pact.
The Confederate States, can therefore with confidence,
submit their acts to the judgment of mankind; while with
a clear conscience, they appeal to a just God to maintain
them in their course. They were ever true to the Com¬
pact of the union, so long as they remained members of it
their obligations ufider it were ever faithfully performed;
and no breach of it, was ever laid at their door; or truly
, charged against them. In exercising their undoubted right
to withdraw fi;om the Union, when the covenant had been
broken by the Northern States, they sought no war no
strife.—They simply withdrew from further connection
" with self-confessed, faithless Confederates. They offered
, no injury to them—threatened none—proposed none—in-
THURSDAY, MARCH 10th, 1S64.
35
tended none. If their previous union with the Southern
States, had been advantageous to them, arid our withdrawal
affected their interests injuriously, they ought to have been
truer to their obligations. They had no just cause to com¬
plain of us, the breach of the Coftipact was by themselves
—the vital cord of the union, was severed by their own
hands.
After the withdrawal of the Confederate States from the
Union, if those whose gross dereliction of duty had caused
it, had reconsidered their own acts; and offered new assu¬
rances for better faith in future; the question would have
beeu fairly and justly put to the seceded States, in their
sovereign capacity to determine; whether in view of their
past and future interest and safety, they should renew the
union with "them or not, and upon what terms, and guar¬
antees; and if they had found it to be their interest to do
so, upon any terms that might have been agreed upon; on
.the principle assumed at the beginning, that it was for the
best interest of all the States, to be bound by some Com
pact of union, with a Central Government of limited pow¬
ers; each State faithfully performing its obligations; they
would doubtless have consented to it. But if they had
fo.und-it to be their interest not to do it, they would not,
and ought not to have done it. For the first law of nature
as applicable to States and communities, as to individuals,
is self-protection and self-preservation.
Possibly a new government might have been formed at
that time, upon the basis of the Germanic Confederatiqn;
with a guaranty of the complete sovereignty of all the sep¬
arate States; and with a central agent or government, of
, more limited powers than the old one; which would have
been as useful for defence against foreign aggression; and
much less dangerous to the Sovereignty and the existence
'of'the States, than the eld one, when in the hands of abolition
leaders, had proved itself to be.
The length of time for which the Germanic Confederation
has existed, has proved, that its strength lies in what might
have been considered its weakness—the separate Sover¬
eignty of the individual menjbers; and the very limited
powers of the Central Government.
'In taking the step which they were forced to do, the
Southern States were careful not to provoke a*conflict of
arms; or any serious misunderstanding, with the States .
that adhered to the government at Washington; as long as
it was possible to avoid it. Commissioners were sent to
Washington to settle and adjust all matters relating to their
past connection; or joint interests, and obligations; justly,
honorably, and peaceably. Our Commissioners were not
received—-they were denied the privilege of an audience—
they were not heard. But they were indirectly trifled with.
36 . JOURNAL OF THE SENATE,
lied to, and misled, by duplicity as infamous as that practic¬
ed by Philip of Spam, towards the peace Commissioners
sent by Elizabeth of England. They were detained, and
deceived, with private assurances of a prospect of a peace¬
ful settlement; while the most extensive preparations were
being made for war and subjugation.' When they discov¬
ered this they withdrew, and the government at Washing
ton continued its vigorous preparations to reinforce its
garrisons, and hold the possession of our Forts; and to send
armies to invade our territory.
Having completed his preparations for war, and refused
to hear any propositions for a peaceful adjustment of our
difficulties; President Lincoln issued his proclamation de¬
claring Georgia, and the other seceded States to be in rebel¬
lion; and sent forth his armies of invasion.
In rebellion against whom or what"? As sovereign States
have no common arbiter, to whose decision they can appeal;
when they are unable to settle their differences amicably,
they often resort to'the sword as the arbiter; and as sover¬
eignty is always in dignity the equal of sovereignty, and a
sovereign can know no superior to which allegiance is due,-
one sovereign may be at war with another; but onfe can
never be in rebellion against another. •
To say that the sovereign State of Georgia, is in rebel¬
lion against the sovereign State of Rhode Island, is as much
an absurdity, as it would be to say that the sovereign State
of Russia was in rebellion against- the sovereign State of
Great Britain in their late war. They were at war, with
each other; but neither was in rebellion against the other;
nor indeed could be; for neither owed any allegiance to the
other.
Nor could one of the Sovereign States be in rebellion
against the government of the United States. That gov¬
ernment was the creature of the States, by which it was
created ; and they liad the same power t© destroy it at
pleasure, which they had to make it. It was their common
agent with limited powers, and the States by which the
agency was created, had the undoubted right when it abused'
these powers to withdraw them. Suppose by mutual con¬
sent all the States in the Union, had met in convention ;,
each in its separate sovereign capacity, and had withdrawn
all the delegated powers from the federal government, and
all the States had refused to send Senators or Representa-;
tives to Congress, or to elect a President; will any sanet
man questien their right, or deny that such action of thfrj
States would have destroyed the federal government ? If
so] the federal government was the creature of the States-*
and could exist only at their pleasure. It lived and breath¬
ed only by their consent. If all the parties to the compact
had the right by mutual copsea||t© resume the powers
THURSDAY, MARCH 10th, 1864. 37
delegated by them to the common agent; why had not part
of them the right to do so, when the others violated the
compact—refused to be bound longer by its obligations ;
and thereby released their copartners ? The very fact that
the States—by which it was formed, could at any time by
mutual consent, disband, and destroy the federal govern¬
ment, shows that it had no original inherent sovereignty or
jurisdiction. As the creature of the States it had only such
powers and jurisdictions as they gave it; and it held what
it had at their pleasure. If therefore a State withdrew
from the Confederacy without just cause, it was a question
for the other sovereign States to consider, what should be
their future relations towards it; but it was a question of
which the federal government had not the shadow of jurisdic¬
tion. So long as Georgia remained in the Union, if her
citizens had refused to obey such laws of Congress, as it
had constitutional jurisdiction to pass, they might have
been in rebellion against tiie federal government; because
they resisted the authority over them, which Georgia had
delegated to that government, and which, with her consent
it still possessed. But if Georgia for just cause, of which
she was the judge, chose \ .> withdraw from the Union, and
resume the attributes of sovereignty, which she had dele¬
gated to the United States Government, her citizens could
rio longer be subject to the laws of the Union, arid no lon¬
ger guilty as rebels if they did not obey them.
It could be as justly said that the principal, who has
d elegated certain limited powers to "his agent, in the trans¬
action ot his business, which he has afterwards withdrawn
on account of their abuse by the agent,is hi rebellion against
the agent; or that the master is in rebellion against his ser¬
vant ; or the landlord against his tenant; because he has
withdrawn certain privileges for a time allowed them ; as
that Georgia is in rebellion against her former agent the
government of the United States.
These I understand to be the great fundamental doctrines
of our republican form of government; so ably expounded
in the Virginia and Kentucky resolutions of 179S and 1799 ;
which have ever since been a text book of the true republi¬
can party of the United States. Departure from these
principles, has destroyed the federal government j and been
the prolific cause of all our woes. Out of this departure
has sprung the doctrine of loyalty and disloyalty of the
States to the federal government; from which comes osten¬
sibly this war against us ; which is itself at war with the
first principles of American constitutional liberty. It in¬
volves the interests, the future safety, and welfare, of those
States now deemed loyal, as well as those pronounced dis¬
loyal. It is the doctrine-of absolutism revived in its woret
form. It strikes down the essential principles of self-gov-
38
JOURNAL OF THE SENATE,
ernment. ever held so sacred in our past history ; and to
which all the States were indebted for their unparalleled
career, in growth, prosperity, and greatness, so long as
those principles were adhered to and maintained inviolate.
If carried out and established, its end can be nothing
but centralism, and despotism. It and its fatal corollary—
the policy of forcing sovereign States to the discharge of
their assumed constitutional obligations, were foreshadowed
by President Lincoln in his inaugural address.
Now at the time of trio delivery of that inaugural address
it was well known to him, that the faithless States above
alluded to -; and to whose votes in the electoral college he
was indebted for his election, had for years been jn open
avowed and determined violation, of their constitutional
obligations. This he well knew, and he also knew, that
the seceded States had withdrawn from the Union, because
of this breach of faith on the part of the abolition States ; *
and other anticipated violations, more dangerous, threaten¬
ed from the same quarter. Yet without a word of rebuke,
censure, or remonstrance, with them, for their most flagrant
disloyalty to the constitution, and their disregard of their
most sacred obligations under it; he then threatened and
now wages war against us, on the ground of our disloyalty ;
in seeking new safe-guards for ou>- security, when the old
ones failed. And the people of tho^se very States, whose
disloyal hands had severed the ties of the Urion—breaking
one of the essential parts of the compact, Lave been, and
are, his most furious myrmidons, in this m< st wicked and
unjust crusade against us, with the view to compel the peo¬
ple of these so outraged States, to return to the discharge
of their constitutional obligations! It mtfy be gravely
doubted, if the history of the world can furnish an instance
of grosser perfidy or more shameful wrong.
But while the war is thus waged, professedly under the
paradoxical pretext of restoring the Union that was a
creature of consent, by force; arid of upholding the Con¬
stitution by coercing sovereign States ; yet its real objects,
as appears more obviously every day, are by no means so
paradoxical. The Union under the Constitution as it was;
each and every State being bound faithfully to perform and
discharge its duties, and obligations, and the central gov¬
ernment confining itself within the sphere of its limited
powers ; is what the authors, projectors, and controllers, of
this war never wanted ; and never intended ; and do not
now intend to maintain.
Whatever differences of opinion may have existed at the
commencement, among our own people, as to the policy of
secession, or the objects of the federal government; all
doubt has been dispelled by the Abolition Proclamation,of
President Lincoln ; and his subsequent action. Maddened
THURSDAY, MARCH 10th, 1864. 39
by abolition fanaticism, and deadly hate ior .the white race
of.the South, he wages war not for the restoration of the
Union not for the support of the Constitution—but forthe
abolition of slavery, and the subjugation, and as he doubt¬
less desires ultimate extermination, of the anglo-Norman
race in the Southern States. Dearly belovecj^by him as are
the African race, his acts are prompted less by love of
them, than by Puritanic hate forthe Cavaliers, the Hugue¬
nots, and Scotch Irish, whose blood courses freely through
the veins of the white population of the South. But fed¬
eral bayonets can never reverse the laws of God, which
must be done, before the negro can be made the equal of
the white man of the South. The freedom sought for them,
by the abolition party if achieved, would result in their re¬
turn to barbarism ; and their ultimate extermination from
the soil, where most of them were born ; and were com¬
fortable and contented, under the guardian care of the
white race, before this wicked crusade was commenced.
What have been the abolition achievements of the ad¬
ministration ? The most that has been claimed by them,
is that they have taken from their owners, and set free,
100,000 negroe3. What has this cost the white race of the
North and South ? • More than half a million of white
men slain or wrecked in health beyond the hope of recov¬
ery, and an expenditure of not perhapsless than four thousand
millions of dollars. What will it cost at this rate, to lib¬
erate nearly 4,000,000 more of slaves ? Northern accounts,
of the sickness, suffering and death, which have under nor¬
thern treatment, carried off so large a proportion of those
set free,ought to convince the most fanatical, of the cruel in¬
jury they are inflicting upon the poor helpless African.
The real objects.of the war aimed at from the beginning,
were and are, not so much the deliverance of the African
Irom bondage, as the repudiation of the great American
doctrine of self-government; the subjugation of the peo¬
ple of these States ; and the confiscation ot their property.
To carry out their fell purpose by misleading some simple
minded folks, within their own limits, as well as' ours per¬
haps, they passed in the House of Representatives of the
Federal Congress a short time since the famous resolution:
"That as our country and the very existence of the best
government ever instituted by man is imperiled, by the
most causeless and wicked rebellion, that the only hope of
saving the country and preserving this government is by the
power of the sword, we are for the most vigorous prosecu¬
tion of the war ; until the constitution and laws, shall be en¬
forced and obeyed, in all parts of the United States; aadio
that end we oppose any armistice, or intervention, or media¬
tion, or ■proposition for peace, from any quarter ; so long as
there shall be found a rebel in arms against the government;
40
JOURNAL OF THE SENATE,.
and we ignore ajl party names lines and issues, and recognize
but two pavties to this war—patriots, and traitors."
Were solemn mockery, perfidious baseness, unmitigated
hypocrisy, and malignant barbarity, ever more conspicu¬
ously combined, and presented for the just condemnation
of a right thirling world, than they are in this resolution ;
passed by the abolition majority in the Lincoln Congress ?
Think of the members from Massachusetts and Yennont,
voting for the most vigorous prosecution of the war, until
the Constitution and Jaws, shall be enforced and obeyed, in all
parts of the United States. Think of the acts of the Leg¬
islature of Massachusettes, passed in 1843 and 1855, still
standing upon her statute book, setting at defiance the
Constitution and laws. What would become of these States?
And what would become of their members themselves,
who have upheld and sustained these violations of the
Constitution and laws, which is the chief reason why they
now hold their seats, by the votes of their constituents, if
the war should be so waged ? How long would it be be¬
fore they would ground their arjns of rebellion, against the
provision of the Constitution which they have set at
naught, and give it their loyal support ? What would be¬
come of their President and bis cabinet; and all who from
the beginning of the war, and before that time, have been
trampling the Constitution under their feet ? Were the
wrar waged as they thus declare it to be their purpose to
wage it, they would be the first victims of the sword ; wrere
it first turned, as it ought to be, against the first offenders.
This they know full well. Obedience to the Constitution,
is the last thing they want or intend. Hence the mockery,
baseness, and hypocrisy, of such a declaration of purpose.
On their part, it is a war of most wanton and savage ag¬
gression ; on ours it is a war in defence of inalienable
rights ; in defence of everything for which freemen should
live ; and for which freemen may well be w* Jling to die.
The inestimable rights of self government, and State Sover¬
eignty for which their fathers and our fathers bled and suffered
together, in the struggle with England for Independence; are.
the same for which we are now engaged, in this most unnat¬
ural and sanguinary struggle with them. Those rights are as
dear to the people of these States, as they were to those who
achieved them ; and on account of the great cost of the
achievement, they are the more preciously cherished, by
those to whom they were bequeathed, and will never be
surrendered or abandoned at less sacrifise.
If no proposition for peace or armistice is to be received,
or entertained, so long as we hold arms in our hands, to
defend ourselves, our homes, our hearthstones, our altars,
and our birthright, against such; ruthless and worse than
vandal invaders; be it so ! We deem it due, however, to
THURSDAY, M^RCH 10th, 1864. 41
*
ourselves, to the civilized world, and to those who shall
come after us ; to put upon- record, what we are fighting
tor ; and to let all know, who may now or hereafter, feel
an interest in knowing, the real nature of this • conflict;
that the heavy responsibility, of such suffering, desolation,
and carnage, may rest where it rightfully belongs.
It is believed that many of the people of the Northern
States, labor under the impression, that no propositions for
peaceful adjustment, have ever been made by us.
President Lincoln, in his letter to the "Unconditional
Union" meeting at Springfield last summer, stated in sub¬
stance, that no proposition for a peaceful adjustment of the
matters in strife, had ever been made to him by those who
were in control of the military forces of the Confederate
States ; but if any such should be made^ he would enter¬
tain and give it his consideration.
This was doubtless said to make the impression, on the
minds of those not well informed, that the responsibility of
the war was with us. This declaration of President Lin¬
coln stands in striking contrast, with that above quoted,
from the republican members of the House of Representa¬
tives.
When this statement was made by President Lincoln, it
Was well known to him, that our commissioners, sent to
settle the whole matter in dispute peaceably,were refused a
hearing ! They were not even permitted to present their
terms!
This declaration was also made soon after it was well
known, throughout the Confederate States at least, that a
distinguished son of this State, who is a high functionary
of the government at Richmond, had consented as military
commissioner, to bear a communication in writing from
President Davis, the Commander-in-Chief of our armies,
to President Lincoln himself; with authority to confer up¬
on matters therein set forth. This Commissioner sent from
the head of our armies, was not granted an audience, nor
was the communication he bore received. That communi¬
cation, as was afterwards known, related to divers matters
connected wTith the general conduct of the war. Its na¬
ture however, or to what it referred, President Lincoln did
not knowj when he refused to receive it. But from what
is now known «f it, if he had received it, and had heard
"what terms might have been proposed, for the general con¬
duct of the war, it is reasonable to conclude, that the dis¬
cussion of these, and kindred topics, might have led to
some more definite ideas, of the aims and objects of the war
on both sides; from which the initiative of peaceful ad¬
justment, might have sprung; unless his real purpose be,
as it is believed to be, nothing short of the conquest, and sub¬
jugation, of these States. His announcement, that no offer
49
JOURNAL OF THE SENATE,
of terras of adjustment had ever been made to him, is be¬
lieved to be an artful pretext oil his part, to cover, and
hide, from 'the people over whom he is assuming such ab¬
solute sway, his deep designs; first against our liberties,
and then against theirs.
HOW PEACE SHOULD BE SOUGHT.
Ia view ef these difficulties, it may be asked,, when'and
how is this war to terminate ? It is impossible to say when
it may terminate ; but ic is easy to say bow it will end. We
do not seek to conquer the Northern people, and if we are
true to ourselves they can never conquer us. We do not
seek to take from them the right of self-government; or to
govern them without their consent. And they have not
force enough, to govern us without our consent; or to de¬
prive us of the right to govern »urselve8. The blood of
hundreds of thousands may yet be spilt, and the war will
not still be terminated by force of arms. Negotiation will
finally terminate it. The pen of the Statesman, more potent
than the sword of the warrior, must do, what the latter has
failed to. do. ■
But I may be asked how negotiations are to commence,
when President Lincoln refuses to receive commissioners
sent by us ; and his Congress resolves to hear no proposition
for peace? I reply, that in my opinion, it is our duty, to
keep it always before the Northern people, and the civilized
world, that we are ready to negotiate for peace ; whenever
the people and government of fhe Northern States, are pre¬
pared to recognize, the great fundamental principles of
the declaration of Independence, maintained by ourcommon '
ancestry—the right of all self-government and the sovereignty of
the States. In my judgment it is the duty of our govern¬
ment, after each important victory, achieved by our gallant
and glorious armies, on the battle field, to make a distinct
proposition to the Northern government for peace, upon
these terms. By doing this, if the proposition is declined
by them, we will hold them up constantly in the wrong,
before their own people, and the judgment of mankind. If
they refuse to receive the commissioners who bear the prop'-
osition, publish it in the newspapers ; and let the conduct
of their rulers be known to the pfi'oplfe ; and there is reason¬
able ground to hope, that the time may not be far distant,
when a.returning sense of justice, and a desire for >self-pro-„
tection against despotism at home ; will prompt the people
of the Northern States to hurl from pawer,those who deny
the fundamental principle, upon which their own liberties
rest; and who can never be satiated with human blood.
Let us stand on no delicate point of etiquette, or diplomat¬
ic ceremony. If the proposition is rejected a dozen times,
let us tender it again after the next victory—that the world
may be reassured from month tp month, that we are not re-
THURSDAY, MARCH 10th, 1864.
43
sponsible, for the continuance of this devastation and car¬
nage.
Let it ba repeated again and again, to the Northern peo¬
ple, that all we ask, ts that they recognize the great princi¬
ple upon which their own government rests,—the sovereign¬
ty of the States: and let our own people hold our own gov¬
ernment to a strict account, for every encroachment'upon
this vital principle.
Herein lies the simple solution of all these troubles.
If there be any doubt, or any question of doubt, as to the
sovereign will of any one of all the States of this C.onfede-
racy,or of any border State whose institutions are similar to
ours not in the Confederacy, upon thn subject of their pres¬
ent or future alliance ; let all armert force be withdrawn ;
and let that sovereign will be fairly expressed at the ballot
box-; by the legal voters of the State ; and let all parties
abide by the decision.
Let each State have and freely exercise, the right to de¬
termine its own destiny, in its own way. This is all that
we have been struggling for from the beginning. It is a
principle that secures " rights, inestimable to freemen, and
formidable to tyrants only."
Let both governments adopt this mode of settlement*
which was bequeathed to them by the great men of the Rev¬
olution ; and which has since been adopted by the Emper¬
or Napoleon, as the only just mode for the government of
States, or even provinces : and the ballot box will soon
achieve what the sword cannot accomplish—restore peace
to the country; and uphold the great doctrines of State sov¬
ereignty and constitutional liberty.
If it is a question of strife, whether Kentucky or Mary¬
land, or any other State, shall cast her lot with the United
States, or the Confederate States, theie is no mode of set¬
tling it so justly, with so little cost, and with so much sat¬
isfaction to her own people, as to withdraw all Military force
from her limits, and leave the decision, not to the sword, but
to the ballot box. If she should decide for herself to abol¬
ish slavery and go with the North, the Confederate govern¬
ment can have no just cause of complaint, for that govern¬
ment had its origin in the doctrine that all its just " powers
are derived from the consent of the governed", and we have
no right to insist on governing a sovereign State, against
her will. But if she should- decide to retain her institu¬
tions and go with the South, as we doubt not she will,when
the question is fairly submitted to her people at the polls,
the Lincoln government must acquiesce, or it must repudi¬
ate and trample upon, the very essential principles, on
which it was founded, and which were carried out in prac¬
tice by the fathers of the ftepublic, forthe first half century
of its existence.
44
JOURNAL OF THE SENATE,
What Southern man can object to this mode of settle¬
ment? It is all that South Carolina, Virginia, or Georgia,
claimed when she seceded from the Union. It is all that
either has at any time claimed, and all that either ever can
justly claim. And what friend of Southern-Independence
fears the result ? What has the Abolition government done,
to cause the people of any Southern State, to desire to re¬
verse her decision ; and return ingloriously to its embrace.
Are we afraid the people of any seceded State, will desire
to place the State back, in the Abolition union ; under the
Lincoln despotism ; after it has devastated their fields, laid
waste their country, burned their cities, slaughtered their
sons, and degraded their daughters ? There is no reason for
such fear. *
But I may be told that Mr. Lincoln has repudiated this
principle in advance, and that it.is idle again to tender a .
settlement upon these terms. This is no reason why we '
should withhold, the repeated renewal of the proposition.
Let it be made again and again, till the mass of the Northern
people understand it: and Mr. Lincoln can not continue, to
stand before them and the world, stained with the blood of
their sons, their husbands, and their fathers, and insist, when
a proposition so fair is constantly tendered, that thousands
of new victims shall still continue to bleed, to gratify his
abolition fanatacism, satisfy his revenge, and serve his ambi¬
tion, to govern these States, upon the decision of one tenth
of the people in his favor, against the other nine tenths. Let
the Northern and Southern mind be brought to contem¬
plate this subject in all its magnitude ; and while there may
be extreme men on the Northern side, satisfied with nothing
less than the subjugation of the South, and the confiscation
of our property ; and like extremists on the Southern side,
whose morbid sensibilities are shocked, at the mention of
negotiation, or the renewal of an offer by us for a settle¬
ment upon any terms; I cannot doubt that the cool-headed
thinking men on both sides of the line, who are devoted to
the great principles of self government, and State soverign-
ty, including the scar-covered veterans of the Army, will
finally settle down upon this as the true solution of the great
problem, which now embarrasses so many millions of peo¬
ple ; and will find the higher truth between the two ex¬
tremes.
If, upon the sober second thought, the public sentiment
-North, sustains the policy of Mr. Lincoln, when he proposes,
by the power of the sword, to place the great doctrines of
the Declaration of Independence, and the Constitution of
his country, under his feet, and proclaims his purpose to
govern these States, by Military power, when he shall have
obtained the consent of one tenth, of the governed; how can
the! same public sentiment condemn him, if, at the head of
THURSDAY, MARCH 10TH, 1*864. 45
his vast armies he shall proclaim himself Emperor of the
whole country ; and submit the question to the vote of the
Northern people, and when he has obtained, as he could ea¬
sily do, the vote of one tenth in his favor, he shall insist oil
his right to govern them, as their legitimate sovereign ? If
he is right in principle in the one case, he would unquestion¬
ably be right in the other. If he may rightfuUy continue
the war against the South to sustain the one, why may he
not as rightfully turn his armies against the North to estab¬
lish the other ?
But the timid among us mar say, how are we to meet
and repel his armies, if Mr. Lincoln shall continue to reject
these terms; and shall be sustained by the sentiment of the
North ? as he claims not only the right to govern us, but he
claims the right to take from us all that we have.
The answer is plain. Let every man do his duty; and let
us as a people place our trust in God, and we shall certain¬
ly repel his assaults, and achieve our Independence, and if
true to ourselves and to posterity, we shall maintain our
Constitutional liberty also. The achievement of our Inde¬
pendence is a great object; but not greater than the pres¬
ervation of Constitutional liberty.
The good man cannot read the late proclamation of Mr*
Lincoln, without being struck with the resemblance between
it, and a similar one, issued several thousand years ago, by
Ben-hadad, king of Syria. That wicked king, denied in oth¬
ers the right of self-government; and vaunting himself in
numbers, and putting his trust in chariots and horses, he in¬
vaded Israel, and beseiged Samaria with an overwhelming
force. When the king of Israel, with a small band, resisted
his entrance into the city,, the Syrian king sent him this
message : " Thou shalt deliver me thy silver and thy gold,
and thy wives, and thy children ; yet I will send my ser¬
vants unto thee to-morrow, about this time ; and they shall
search thy house, and the houses of thy servants ; and it
shall be, that whatsoever is pleasant in thine eyes, they shall
put in their hands and take it away." The king of Israel
consulted the Elders, after receiving this arrogant message,
and replied : '• This thing I may not do." Ben-hadad enra¬
ged at this reply, and confident of his strength, sent back
and said:
" The G-ods do so to me, and more also, if the dust of Sa¬
maria shall suffice, for handfuls, for all the people that fol¬
low me". The king of Israel answered and said: "Tell
him, let not him that girdeth on his harness, boast himself
as he that putteth it off".
The result was, that the small band of Israelites guided by
Jehovah, attacked the Syrian armies, and routed them with
great slaughter ; and upon a second trial of strength, the
Syrian armies were destroyed and their king made captive.
46
JOURNAL OF THE SENATE,
When Mr. Lincoln, following the example of this wick¬
ed king, and relying upon his chariots, andhis horsemen, and
his vast armies, to sustain a cause equally unjust; proclaims
to us, that all we have is his, and that he will send his ser¬
vants, whose numbers are overwhelming, with arms in their
hands to take it, and threatens vengeance if we resist ; let
us—" Tell^him, let not him that girdethon hisharness boast
himself as he that putteth it off." The race is riot to the
swift, nor the battle to the strong. " God is the judge, he
putteth down one and wetteth up another."
Not doubting the justice of our cause, let us stand, in our
allotted places, and in the name of Him who rules ttie hosts
•of Heaven, and the armies of Earth, let us contiue to strike,
for liberty and independence, and our efforts will ultimately
be crowned with triumphant success.
JOSEPH E. BROWN.
APPENDIX.
ACT OF SIXTEENTH CHARLES I, CHAPTER 10.
This went into operation 1st August, 1641.
An Act for the regulating of the privy council, and for
taking away the Court commonly called the Star-Chamber.
Whereas by the Gfeat Charter many times confirmed in par¬
liament, it is enacted, That no freeman shall be taken or imp-is,-
oned, or disseized of Ids freehold or liberties, or fee customs, or be
outlawed, or exiled, or otherwise destroyed ; and that the King will
not pa,ss upon him, or condemn him, but by lawful judgment of his
peers, or by the law of the land. :
(2.) And by another statute made in the fifth year of the
reign of King Edward, it is enacted, that no man shall be
attached by any accusation, nor forejudged of life, or limb, nor his
Lands, tenements, goods nor chattels seized into the King's hands,
against the form of the Great Charter and the Law op the
Land; _
(3.) And by another statute made in the five and twen¬
tieth year of the reign of the same King Edward the Third,
it is accorded, assented, and established, that none shall be
taken by petition, or suggestion made to the King, or to his council,
unless it be by indictment or presentment of good and lawful
people of the same neighborhood, where such deeds be done, in
due manner, or by process made by writ original at the com¬
mon law ; and that none be put out of his franchise, or freehold,
unless he be duly brought in to answer, and forejudged of
the same by the course of the law: And if anything be done
against the same, it shall be redressed) and holden for none. (4)
And by another statute made m-tjje eight and twentieth
year of the reign of the same^KingEdward the Third, it is,
amongst other things, enacted, That no man, of what estate
THURSDAY, MARCH 10th, 1864. 47
or condition soever he be, shall be put out of his lands and
tenements, nor taken, nor imprisoned, nor disinherited, without be-
brouQht in to answer by DUE PROCESS of LAW.
(5) And by another statute made in the two and fortieth year
of the reign of the said King Edward the Third, it is enac¬
ted, That no man be put to answer without 'presentment be¬
fore justices or matter of record, or by due process and writ
ongi„al, according to the 'OLD LAW of the land: And if
anything be done to the contrary, it shall be void in law and
holden for error. (G) And by another statute in the six and
thirtieth year of the reign of the same King Edward the
Third, it is, amongst other things, Enacted, That all pleas,
which shall be pleaded in any courts, before any of the
King's justices, or in his other places or before any of his
other ministers, or in the courts and places of any other
lords within this realm, shall be entered and enrolled in
Latin. (7) And whereas by'the statute made in the third
year of King Henry the Seventh, power is given to the
Chancellor, the lord treasurer of England, for the time be¬
ing, and the keeper of the King's Privy seal, or two of
them, calling unto them a bishop, and a temporal lord of
the King's mosc honorable council, and the two chief jus¬
tices of the King's bench, and common pleas for the time
being, or other two jusftses in their absence, to proceed as
in that act is expressed, for the punishment of some particu¬
lar offences therein mentioned. (S) And by the statute
made in the one and twentieth, year of King Henry the
Eighth, the president of the council associated to join with
the lord chancellor, and other judges in the said statute of
the third of Henry the Seventh mentioned. (9) But the
said judges have not kept themselves to the points limited
by the said statute, but have undertaken to purysh where
no law doth warrant,. and to make decrees for things, having
no such authority, and to inflict heavier punishments, than by
any law is warranted.
2. And forasmuch as all matters examinable or determin¬
able before the said judges or in the court commonly called
the star-chamber, may have their proper remedy and redress,
and their due punishment and correction by the common law
of the land, and in the ordinary course of justice elsewhere. (2)
And forasmuch as the reasons and motives, inducing the
erection and continuance of that court do now cease. (3)
And the proceedings, censures, and decrees of that court,
have by experience been found to be an intolerable burthen
to the subject, and the means to introduce an arbitrary pow¬
er and government. (4) And for as much as the council ta¬
ble hath of late times assumed unto itself, a power to inter¬
meddle in civil and matters only of private interest between
party and party; and have ADYEN l'URED to determine of
the estates and liberties of the subjects, contrary to the LAWS of
48
JOURNAL OF THE SENATE,
*AeLAND, and the Rights and Privileges of the subject, by
which great and manifold mischiefs arid inconveniences have
arisen and happened, and much incertainty, by means of
such proceedings, hath been conceived concerning men's
rights and estates; for settling whereof and Preventing the
like in time to come,
3. Be it ordainedrand Enacted by the authority of this pres¬
ent parliament, That the said court commonly called the
star-chamber, and all jurisdictions, power and authority, be¬
longing unto, or exercised in the same court, or by any the
judges, officers, or ministers thereof, be from the first day
of August, in the year of our Lord God one thousand six
hundred forty and one, CLEARLY and ABSOLUTELY
dissolved, taken away, and determined. (2) And that from the
said first day of August neither the lord chancellor or keep¬
er of the Great seal of England, the lord treasurer of Eng¬
land, the keeper of the King's Privy seal, or president of
the council, nor any bishop, temporal lord, privy counsel¬
lor or judge, or justice whatsoever, shall have any power
or authority to hear, examine or determine any matter or
thing whatsoever, in the said court, commonly called the
Star-Chamber, or to make, pronounce, or deliver any judg¬
ment, sentence, order or decree ; or to do any judicial or
ministerial act in the said court. (3) And that all and eve-
ery act and acts of parliament, and all and every article,
clause, and sentence in them, and every of them, by which
any jurisdiction, pewer or authority is given, limited or ap¬
pointed unto the said court, commonly called the Star-
Chamber, or unto all, or any of the judge's, .officers, or min¬
isters thereof, or for any proceedings to be had or made in
the said court, or for any matter or thing to be drawn into
question* examined or determined there, shall for so muoh
as concerneth the said court of Star-Chamber, and the pow¬
er and authority'thereby given unto .it, be from the first
day of August REPEALED andABSOLUTELY REVUK-s
ED and made void.
4. And be it likewise Enacted, That the like jurisdiction
now used and exercised in the court, before the president
and council in ,the marches of Wales; (2) And also in the
court, before the president and council established in the
northern ports; (3) And alsoan the court commonly called
the court of the duchy of* Lancaster, held before the chan¬
cellor and council of that court; (4) And also in the court
of Exchequer of the county palatine of Chester, held before the
chamberlain and council of that court; (5) The like juris¬
diction being exercised there, shall, from the said first day
of August one thousand six hundred forty-one, be also RE¬
PEALED, and ABSOLUTELY REVOKED, and made
VOID ; any law, prescription, custom or usage, or the said stat¬
ute made in the third year of Kijig Eenry the Seventh, or the
THURSDAY, MARCH IOth, 1864. 49
statute made in the one and twentieth of Henry the Eighth, or
any act or acts oj parliament heretofore had 9r made, to the con¬
trary thereof in any wise notwithstanding. (6) AND THAT
FROM HENCEFORTH NO court, council or PLACE OF
JUDICATURE, SHALL BE ERECTED, ORDAINED,
CONSTITUTED OR APPOINTED WITHIN THIS
REALM OF England, OR DOMINION OF Wales, WHICH
SHALL HAVE,-USE, OR EXERCISE THE SAME, OR
THE LIKE JURISDICTION, AS IS OR' HATH BEEN
USED, PRACTICED OR EXERCISED IN THE SAID
COURT OF Star-Chamber.
5. Be it likewise declarec'^tind Enacted by the authority
of this present parliament, That neither his MAJESTY,
NOR his PRIVY COUNCIL, HAVE,' or OUGHT TO
HAVE any jurisdiction, power or authority, by English bill, pe¬
tition, articles, libels, or any other ARBITRARY WAY
WHATSOEVER, to examine or draw into question, determine,
or dispose of the lands, tenements, hereditaments, goods or chattels
> of any of the subjects of this kingdom ; but that the same ought to
be tried, and determined in the ordinary courts of justice and by
the ordinary course of law.
6. And be it further provided and enactted, that if any lord
chancellor or keeper of the Great seal of England ; lord treas¬
urer, keeper of the king's privy seal, president of the coun¬
cil, bishop, temporal lord, privy counsellor, judge or justice
whatsoever, shall offend, or do anything contrary to the pur
port, true intent, and meaning of this law, then he or they
for such offence forfeit the sum FIVE HUNDRED POUNDS
of lawful njoney of England, unto any party grieved, his" ex¬
ecutors or administrators, who shall really prosecute for the
same, and first obtain judgment thereupon to be recovered
in any Court of record at Westminister, by action of debt, bill,
plaint, or information, wherein no essoign, protection, wa¬
ger of law, aid prayer, privilege, injunction or order of re-'
straint, shall be in any wise prayed, granted or allowed, nor
any more than one imparlance. (2) And if any persoji,
asainst whom, any such judgment or recovery shall be had
as aforesaid, shall, after such judgment or recovery, offend
ao-ain, in the same, then he or they for such offence shall
forfeit'the sum of ONE THOUSAND POUNDS of lawful
money of England, unto any p&ity grieved, his executors or
administrators, who shall really prosecute for the same, and
first obtain judgment thereupon, to be recovered in any
court of record at Westminister. by action of debt, bill, plaint,
or information, inwhich no essoign,. protection, wager of
law, aid prayer, privilege, injunction or order of restraint,
shall be IN ANY WISE prayed, granted or allowed; nor any
more than one imparlance. (3) And if any pexson, against
whom any such, second judgment or recovery shall be had as
aforesaid, shall after such judgment of recovery offend again
4
50
JOURNAL OF THE SENATE,
in the same kind, and shall be thereof duly convicted by in¬
dictment, information, or any other lawful way or means,
that such person so convicted shall be from thenceforth
DISABLED, and become, by virtue of this act INCAPA¬
BLE, Ipso facto, to bear his and their said office and offices respec¬
tively. (4) And shall be likewise disabled to make any
grant, conveyance, or other disposition, oj any of his lands, tene¬
ments, hereditaments, goods or chattels; or to make any benefit of
•any gifts, conveyance or legacy, to his own use.
7. And every person so offending. shall likewise forfeit and
loose fo the party grieved, by anything done, contrary to the
true intent and meaning of this law, his tr idle damages, which
he shall sustain and be put unto, by means or occasion of
any such act, or thing done ; the same to be recovered in
any of his Majesty's courts of record at Westminister, by ac¬
tion of debt, bill, plaint, or information, wnerein no essoign,
protection, wager of law, aid prayer, privilege, injunction,
or order of restraint, shall be IN ANY WISE prayed, granted
or allowed, nor any more than one imparlance.
8. And be it also provided and enacted, That if any per¬
son shall hereafter be committed, restrained of his liberty,br
suffer imprisonment, by the order ordecree of any such court
of star-chambek, or other court aforesaid, now, or at any¬
time hereafter, having, or pretending to have, the same, or
like jurisdiction, power or authority, to commit or imprison
as aforesaid; (2) Or by the command or warrant of the
king's Majesty, his heirs and successors in their own person ; or
< by the command or warrant of the council-board; or of any
of the lords, or others of his Majesty*s privy council; (3) That in
every such case, every person so committed, restrained of his
liberty, or suffering imprisonment, upon demands or motion
made by his counsel, or other employed by him for that pur¬
pose, unto the Judges of the court of king's bench, or com-
1 mon pleas, in open court, shall, without delay, upon any
pretence whatsoever, for the ordinary fees usually paid for
the same, have forthwith granted unto him a writ of habeas
corpus, to be directed generally unto all and every sheriff,
gaoler, minister, officer, or other person, in whose custody
the person committed or restrained, shall be. (4) And the
sheriffs, gaoler, minister, officer, or other person, in whose
custody the person so committed orrestrained.shall be, shall,
at the return of the said writ and according to the command
thereof, upon due and convenient notice thereof, given unto
him, at the charge of the party who requireth, q^' prosecuteth
such writ, and upon security by his own boricl-given, to pay
the charge of carrying back the prisoner, if he shall be re¬
manded by the court to which he shall be brought; as in
like cases hath.been used; such'charges of bringing up, and
carrying back the prisoner, to be always ordered by the court,
if any diffe*nee shall arise thereabout; bring or cause to be
THURSDAY, MARCH 10th, 1864.
-51
brought, the body ofthe said party so committed or restrain¬
ed, unto and before the Judges or justices of the said court,
from whence the same writ .shall issue, in open court. (5
A'tid shall then likewise certify the true cause of such, his de¬
tainer ,or imprisonment,and thereupon the court, within three
court days after such return, made and delivered in open
court, shall proceed to examine and determine, whether the
cause of such commitment, appearing upon the said return,
be just and legal or not, and shall thereupon do what to
JUSTICE SHALL APPERTAIN, either by delivering,
bailing, or remanding the prisoner. (6) And if anything
shall be otherwise wilfully done, or omitted to be done by
any judge, justice, officer or other person afore-mentioned,
contrary to the directions, and true meaning hereof, then
such persons so offending shall forfeit to the party grieved, his
trible dam-ages to be recovered by such means, and in such
manner as is formerly in this act, limited and appointed, for
the like penalty to be sued for and recovered.
9. Provided always, and be it enacted, That this act and
the several clauses therein contained shall be taken and ex¬
pounded to extend only to the court of STAR-CHAMBER;
(2) And to the said court-holden before the president and
council in the marches of Wales ; (-3) And before the president
and council in the Northern ports ; (4) And al?o to the court
commonly called the court of the duchy of Lancaster holden
before tne chancellor and council of that court; (5) And also,
in the court of Exchequer, of the county palatine cf Chester,
held before the chamberlain and council of that court; (6)
And to all courts of like jurisdiction to be hereafter erected, or-
da'ined, constituted, or appointed, as aforesaid; and to the
warrants and directions ofthe council-board, and to the com¬
mitments, restraints and imprisonments q$ any person or persons,
made, commanded or awarded by the Icing's Majesty, his heirs
or successors, in their own person, or by the lords, and others oj
the privy council, and every one of them.
And lastly, provided and be it enacted, That no person or
persons shall be sued, impleaded, molested or troubled, for
iny offence against this present act, unless the party suppos¬
ed to have so offended, shall be sued, or impleaded for the
same, within two years, at the most, after such time, wherein
the said offence shall be committed.
On motion of Mr. Adams, five hundred copies of the
Governor's message was ordered to be printed for the use
of the Senate.
' Leave of absence was granted Mr. Mabry until Monday
next.
On motion, the-Senate adjourned until 3 o'clock, P. M.
52
JOURNAL OF THE SENATE,
3 O'clock, P. M.
Senate met according to adjournment.
Mr. Adams offered the following resolution, which was
taken up, read and agreed to :
Resolved, That so much of the Governor's message as re¬
lates to the currency and taxes be referred to the Commit
tee on Finance; that so much of it as relates to the sus¬
pension of the writ of habeas corgus be referred to the
Committee on the Judiciary ; that so much of it as relates
to Confederate relations be referred to the Committee 011
Confederate Relations ; that so much of it as relates to the
military be referred to the Committee on the Military ; that
so much of it as relates to the transportation of corn to
indigent families of the State be referred to a select com¬
mittee of five.
As such select committee, the President appointed Messrs.
Speer, Groover, White, Polk and Price.
1 Mr. Walton offered the following resolution, which was
taken up, read and agreed to:
Resolved, That editors and reporters present in Milledge-
ville be invited to seats on the floor of the Senate, and the
Messenger be directed to furnish them with desks.
On motion, the Senate adjourned until ten o'clock to¬
morrow morning.
FRIDAY, MARCH 11th, 1804, \
10 O'clock, A. M. 5
Senate met according to adjournment, and was opened
with prayer by Rev. Mr. Fulwood.
Mr. Adam's offered the following resolution, which was
taken up, read and agreed to:
Resolved, That so much of the Governor's message as re¬
lates to the subject of illegal distillation, and to orphans'
estates, and to the impressment ofprovisions.be referred
to the Committee on the Judiciaiy, and that they report by
bill or otherwise.
Mr. Lloyd introduced a bill to repeal an* act prescribing
an oath for tax-payers, assented to Dec. 14th, 1863, which
was read the first time.
Also, a bill to amend the several tax laws of this State,"
and for other purposes, which was read the first time.
Mr. Bacon offered the following resolution, which was
taken up, read and agreed to:
FRIDAY, MARCH 11th, 1864.
53
Resolved, That that portion of the Governor's message
referring to the relief fund for soldiers' families be referred
to a select committee of five.
The President appointed as such committee, Messrs.
Lloyd, Guerry, "Whitaker, Adams and Bacon.
Mr. Speer introduced a bill to amend an act for the relief
of the people in certain counties therein mentioned, and for
other purposes, assented to Nov. 26th, 1863, which was
read the first time.
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 requesting our Senators and Representa¬
tives in Congress to establish a mail route between Jeffer¬
son, Jackson county, and Gainesville, Hall county.
Mr. Speer, from the special committee, offered the fol¬
lowing resolution, which was read :
Resolved by the Senate and House of Representatives in Gen¬
eral Assembly met, That the action of the Governor in the
purchase of wagons and teams for the transportation of
corn from the Railroad to indigent, families of soldiers was
judicious and prudent, and the purchase and payment for
the same as communicated to us, meets the approval of this
General Assembly.
Mr. West offered the following resolution, which was'ta¬
ken up, read and agreed to :
Resolved, That fifty copies of the Military Bill, the Cur¬
rency Bill, and the Habeas Corpus Bill, passed by the last
Congress, be printed for the use of the Senate.
Senate took up.and concurred in a resolution of the House
of Representatives instructing our Senators and Represen¬
tatives in Congress to use their influence to have a tri¬
weekly mail route between Jefferson in Jackson county,and
Gainesville in Hall county.
Mr. Bacon offered the following resolution, which was
taken up, read and agreed to :
Resolved, That the Hon. Howell Cobb be invited, during
his stay in Milledgeville, to a seat on the floor of the Sen¬
ate, and that a committee of three be appointed to inform
him of the same.
The President appointed as such committee, Messrs. Ba¬
con, Anthony and Groover.
Leave of absence was granted the Committee on Finance
for a short time.
On motion, the Senate adjourned until ten o'clock to¬
morrow Morning.
54
JOURNAL OF THE SENATE,
SATURDAY, MARCH 12th, 1S64.
10 O'clock, A. M.
1
Senate met according to adjournment, and was opened
with prayer by Rev. Mr. Fulwood.
Mr. Guerry offered the following resolution, which was
read :
Resolved by the Senate, the House concurring therein, That
the General Assembly do adjourn sine die on Thursday next,
17th inst., at 12 o'clock, M.
Mr. Johnson introduced a bill to grant divorces, and to
provide for the confiscation of the property of disloyal men
and traitors in certain cases, which was read the first time.
Mr. Polk introduced a bill to authorize the Governor ta
take possession of and use any or all railroads and railroad
rolling stock, or other appurtenances, in this State, for pub¬
lic use, on payment of just compensation, which was read
the first time.
Mr. Wells introduced a bill to repeal an act entitled an
act to change the time of holding the Inferior Court (for
county purposes) of Washington county, Georgia, from the
first Tuesday to the first Wednesday in-each month, assen¬
ted to April 17th, 1863, which was read the first time.
Leave of absence was granted 31r. Pate for a few days.
Leave of absence was granted Mr. Adams, on account of
the sickness of his family.
Senate took up the following bills, which were severally
read the second time and referred to the Committee on Fi¬
nance :
A bill to repeal an act prescribing an oath for tax-payers,
assented to 14th Dec., 1863.
Also, a bill to amend the several tax laws of this State,
and for other purposes.
Senate took up the following bill, which was read the
second time and referred to the Committee on the-Judi¬
ciary :
A bill to amend an act for the relief of the people in cer¬
tain counties therein mentioned, and for other purposes, as¬
sented to Nov. 26th, 1863.
Senate took up the following resolution, which was read
and agreed to:
Resolved by the Senate and House of Rejn'esentatives in Gen¬
eral Assembly met, That the action of the Governor in the
purchase of wagons and teams for the transportation of
corn from the railroad to indigent families of soldiers was
judicious and prudent, and the; purchase and payment for
SATURDAY, MARCH 12th, 1864.
the same, as communicated to us, meets the approval of
this General Assembly.
Mr. Speer offered the following resolution, which was to¬
ken up, read and agreed to :
Whereas, The Secretary of State is unable to furnish
certain stationery, such as large envelopes, for the commit¬
tees and for the use of the Secretary's office generally;
therefore,
Resolved, That the Secretary be authorized to purchase
such stationery as the Secretary of State cannot furnish,
keep a correct account thereof, and report the same to the
Auditing Committee for approval.
The following message was received from his Excellency
the Governor, by Mr. Campbell, his Secretary, to-wit:
Mr. President:—lam directed by the Governor to lay
before the Senate a message making a nomination for Solk-
itor General of the Western Judicial Circuit.
On motion, the Senate then resolved itself Into> secret'
session.
The Senate having returned to open session, Mr. Speer
introduced a bill to repeal all laws or parts of laws that
authorize guardians, trustees, executors and administrators
to invest funds held by them, in Confederate bonds, which
was read the first time. , •
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. P resident:—The Hqusc of Representatives have pas¬
sed the following bill, to-wit:
A bill to be entitled an act to reduce the bonds of the
Receivers of Tax Returns and Tax Collectors of this State,
and to repeal so much of the :146th section of the Code as
limits the securities on said bonds to the number of five ;
and I am directed to transmit the same forthwith to the
Senate.
Senate took up the following bill of the House of Repre¬
sentatives, which was read the first time :
A bill to reduce the bonds of the Receivers of Tax Re¬
turns and Tax Collectors of this State, and to repeal so
much of the 146th section of the Code as limits the secur
rities on said bonds to-the number of five.
Leave of absence was granted the Committee on Confed¬
erate Relations for a short time.
Mr. Guerry, chairman of the Committee on Confederate
Relations, made the following report, to-wit:
The Committee on Confederate Relations, to whomt was
referred that portion of the Governor's message relative to
-56
JOURNAL OF THE SENATE,
Confederate affairs, have had the same under consideration,
and I am instructed to report that they recommend no ac¬
tion thereon, and ask to be discharged from its further con¬
sideration.
On motion, the further consideration of the report was
postponed until Monday next.
On motion, the Senate adjourned until 9A o'clock. Mon¬
day morning.
MONDAY, MAftCH 14th, 1864. )'
9£ o'clock, a. m. )
Senate met according to adjournment, and was opened
with prayer by Rev. Mr. Fulwood.
Mr. Polk offered the following resolution, which was
read :
Whereas, great inconvenience is felt by the citizens of
this State, in the delay of the publication of the laws, en¬
acted by the General Assembly, be it it therefore,
Resolved, by the Senate and House of Representatives,
that the'Oovernor o£ this State cause to be collected and
published in convenient form, all the public, or general
laws, so soon as the same shall receive his approval, and
that one copy of the same be sent to each of the Judges of
the Supreme and Superior Courts, and a copy to the Clerks
of the Superior and Inferior Courts, and the several Ordina¬
ries of each of the several counties of this State, and that
the expenses of said publication, be paid for from the Treas¬
ury of this State.
Senate took up the following bills, which were severally
raad the second time, and referred to the committee on the
Judiciary: .
A bill to grant divorces, and to provide for the confisca¬
tion of the property of disloyal men and traitors, in certain
cases.
Also, a bill to authorize the Governor to take possession
of, and use any or all Rail Rads and Rail Road rolling stock,
or other appurtenances in this State, for public use, on pay¬
ment of just compensation,.
Senate took up the following bill, which was read the
second time, and referred to the committee of the whole :
A bill to repeal an act entitled an act to change the time
ojf holding the Inferior Court, for county purposes, of "Wash-
MONDAY, MARCH 14th, 1864.
57
ington county, Ga., from the first Tuesday, to the first
Wednesday in each month, assented to April 17th, 1883.
Senate took up the following bill of the House of Repre¬
sentatives, which was read the second time, and referred to
the committee of the whole :
A bill to reduce the bonds of the Receiver of Tax-Re¬
turns and Tax Collectors of this State, and to repeal so much
of the 146th section of the Code, as limits the securities on
said bonds, to the number of five*
Senate took up the following resolution :
Resolved, by the Senate, the House concurring therein,
that the General Assembly do adjourn sine die on Thursday
next, 17th inst., at 12 o'clock, M.
Mr. Guerry moved to amend the same by striking out
the words " Thursday" and " 17th", and inserting in lieu
thereof, the words Saturday" and " 19fch", which was
agreed to.
The resolution, as amended, was agreed to.
On motion of Mr. Guerry, the same was ordered to be
transmitted forthwith to the House of Representatives.
Senate took up the following bill, which was read the
second time, and referred to the committee on the Judiciary :
A bill to repeal all laws or parts of laws that authorize
Guardians, Trustees, Executors and Administrators, to in¬
vest any funds held by them in Confederate bonds.
Mr. Blackwell offered the following resolution, which was
taken up read and agreed to :
Resolved, That the Hon. L. Q. C. Lamar of Mississippi, be
invited to a seat on the floor of the Senate, during his stay
in Milledgeville, and that a committee of three be appoint¬
ed to notify him of the same.
The President appointed Messrs. Blackwell, Speer and
Gaulden, as such committee.
Mr. Bacon, Chairman of the committee ori enrollment,
reported 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 Resolution requesting onr Senators and Representa¬
tives in Congress to use their influence to have a tri-weekly
mail run between Jefferson, in Jackson county, and Gaines¬
ville, in Hall countv.
On motion the Senate adjourned until 3 o'clock, P. M.
3 o'clock, P. M.
Senate met according to adjournment.
Mr. West offered the following resolution, which waa read
and referred to the committee on the Judiciary :
58
JOURNAL OF THE SENATE,
JVhcrca-s, The Constitution of the Confederate States de¬
clares that " the privilege of the writ of habeas torpvs shall
not be suspended unless when in cases of rebellion or inva¬
sion, the public safety may require it", which is an express
delegation of the power to suspend the privileges of the
writ, when the specified conditions exist: And whereas, it
is known to the whole people that a war is being waged
against us by a cruel, vindictive and inhuman enemy, seek¬
ing our subjugation, the overthrow of our State and Con¬
federate Government, the subversion of our social and do¬
mestic institutions, the confiscation of our property, the
desecration of our altars and firesides, and the destruction
of our lives, our liberties, and ail that we hold dear; and
that the armies of this cruel enemy have not only invaded
the territory of the Confederate States, but the territory of
every State composing the Confederacy : And whereas, the
national legislature, in whom alone, the power is vested by
the Constitution, of determining when the public safety re¬
quires the suspension of the privileges of the writ of habeas
corpus, have determined that the public safety now requires
it, and has,"by its act, suspended its privileges in certain ca¬
ses: And whereas, the facts communicated to Congress,
showing the necessity for such suspension, have not, for ob¬
vious and satisfactory reasons, been made public, and hence
are unknown to us : Be it therefore,
Resolved, That the Congress of the Confederate States,
by the suspension of the privilege of the writ of habeas cor¬
pus, has exercised a power clearly and expressly granted in
the Constitution.
2nd, Resolved, That the limitation upon the suspension of
the privileges of the writ, to the cases specified in the act,
shows that Congress and the President entertain a high re¬
gard for the liberties of the people, and the privileges of
the writ of habeas corpus, and gives us assurance that the
act will be operative oqly upon proper and legitimate ca¬
ses, when the public safety requires it.
3d, Resolved, That the persons guilty of the crimes men¬
tioned in the act of Congress referred to, neither have, nor
are entitled to the sympathies of this General Assembly,
nor the sympathies of any true and loyal citizens of the
State of Georgia. We are engaged in a cruel war—our lib¬
erties menaced by an armed foe without, the public safety
endangered by subtle and insidious foes within. The coun¬
try and its government should be invested with the power
to protect itself as well, against the subtle and dangerous
foes within, as against th6 "armed toe without. And we
see no cause of alarm for the safety of the public liberty.
4th, Resolved, That we have an abiding confidence in the
ability, fidelity, and patriotism of the President and Congress
of the Confederate States, and although we are not advised
MONDAY, MARCH 14th, 1S64.
59
of the facts, the existence of which, in the opinion of Con¬
gress, rendered the suspension of the writ of habeas corpus
necessary, yet, we feel confident that the necessity existed,
that the public safety demanded it, and that the operation
of the act will terminate with the necessity which caused
its enactment.
The following Message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following bill to-wit:
A bill to be entitled an act to amend an act assented to
December 12th, .1863, authorizing' the Governor to issue
State Treasury notes, payable in Confederate States
Treasury Notes, for the purpose of anticipating the
Taxes, and paying the appropriations for 18G4, and I am in¬
structed to transmit the same to.the Senate forthwith.
Mr. Speer, Chairman of the Finance Committee, njade
the following report:
Mr. President:—The Committee, to whom was referred
the bill to be entitled an act to repeal an act prescribing an
oath to Tax-payers, assented to 14th December, 186-3, have
had the same under consideration, and report it back to the
Senate writh the recommendation that it do not pass.
Also, a bill to be entitled an act to amend the several
Tax laws of this State, and for other purposes, and recom¬
mend that it do pass.
A. M. SPEER, Chairman.
Senate took up as the report of the Committee of the
whole :
A bill to repeal an act prescribing an oath for Tax-payers,
assented to 14th December, 1S63.
The Committee on Finance, to whom the same .was re¬
ferred, reported adversely to its passage.
The report was agreed to, and the bill was lost.
Senate took up the following bill of of the House of Rep¬
resentatives, which was read the first time :
A bill to amend an act assented to Dec'r 12th, 1863, au¬
thorizing the Governor to issue State Treasury notes, paya¬
ble in Confederate States Treasury notes, for the purpose
of anticipating the taxes and paying the appropriations for
1864.
Senate took up as the report of the committee of the
whole: ,
A bill to amend the several Tax laws of this State, ana
for other purposes.
On motion of Mr. Speer the further consideration of the
same was postponed for the present.
CO JOURNAL OF THE SENATE,
On motion the Senate adjourned until o'clock to-mor¬
row morning.
TUESDAY, MARCH 15th, 1864. >"
9j o'clock, a. m. >
Senate met according to adjournment and was opened
with prayer by Rev. Mr. Fujwood.
Mr. McCutchen, introduced a bill to extend the time
within which all county officers elected at the last election,
may file their bonds and qualify as such until the first day
of June next—which was read the first time.
Senate -took up as the report of the committee of the
whole,
A bill to repeal an act-entitled an aet to change the time
of holding the Inferior Court, (for county purposes,) of
Washington county, Ga., from the first Tuesday, to the first
Wednesday, in each month—assented to April 17th, 1863.
The report was agreed to.
The bill was read the third time and passed.
Mr.. White offered the following resolution—which was
taken up, read and agreed to.
Resolved. That the Hon. A. H. Stephens, be invited to a
seat in the Senate Chamber, during the present Session,
and that a committee of three be appointed to notify him
of the same.
The President appointed Messrs. White, Guerry, and
Chambers, as such committee.
The following Message was received from His Excellency
the Governor, by Mr. Waters, his Secretary, to-wit:
Mr. President: I am directed by the Governor, to lay be¬
fore i^ie Senate, a communication in writing.
On motion the following communication in writing from
His Excellency the Governor, was taken up, read and re¬
ferred to the committee on Finance.
EXECUTIVE DEPARTMENT, )
Milledgeville, March 15th, 1864. $
To the General Assembly:
I am informed since yo» assembled, that I can make a
contract with a house abroad, for the delivery of a large
supply of Cotton Cards upon short notice, which must be
paid for in Sterling Exchange, and which might be import¬
ed by the State, to supply the wants of her people.
TUESDAY, MARCH 15TH, 1864. 61
I therefore reommend the appropriation of one million of
dollars or such part of that sum as it may be necessary to
use, and ask that I be permitted to invest it in Cotton, and
run it through the blockade, to create a fund in England,
sufficient to pay for the Cards, and that I be authorized to
import them and sell them to the people at such prices as
will cover actual cost and expenses. Tnis would enable me
in a few months, if we have ordinary success in making the
importations to supply the demands of our people for this
indispensable article. "
The Car.d Factory at this place, is now turning out over
one hundred pairs per day, but this is wholly inadequate to
supply the demand.
The State can make enough I trust, to supply the needy
soldiers' families, who look to her as their natural Guardian
in the absence of their husbands and fathers in service, but
we cannot make enough to supply all our people.
Under the arrangement proposed, I trust the demanfl
coul$ soon be met at reasonable prices, and as the money
when received for the Cards from the people would be paid
back into the Treasury, the appropriation would be in the
nature of a loan soon to be returned, and would add noth¬
ing to the debt of the State.
JOSEPH E. BROWN.
Senate took up as the report of the committee of the
whole, the following bill of the House of Representatives :
A bill to reduce the bonds of the Receivers of Tax returns
and Tax Collectors of this State, and to repeal so much of
the 146th Section of the Code, as limits the Securities on
said bonds to the number of five.
Mr. Whitaker moved to amend the report,Iby striking out
the 1st and 2d Sections of said bill—which was lost.
The report was agreed to.
The bill was read the third time and passed.
Senate took up the following bill of the House of Repre¬
sentatives—which was read the second time and referred to
the committee of .the whole. \
"A bill to amend an act, assented to Dec. 12th, 1863—
authorizing the Governor to issue State 1 reasury Notes,
payable in Confederate State Treasury Notes, for the pur¬
pose of anticipating the taxes and paying the appropriations
for 1864."
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, to-wit:
A bill to "be entitled an act to amend an act to incorpo¬
rate the town of Fort Gaines.
G2
JOURNAL OF THE SENATE,
Also, a bill to be entitled an act to admit copies of deeds,
and other instruments in evidence, when the originals are
in the United States.
Also, a bill to be entitled an act to authorize Administra¬
tors, Executors," Guardians and Trustees, to invest in Con¬
federate States four per cent Bonds.
Senate took up the following bills of the House of Repre¬
sentatives—which were severally read the first time :
A bill to amend an act to incorporate the town of Fort
Gaines.
Also, a bill to authorize Administrators, Executors, Guar¬
dians and Trustees, to invest in Confederate States four per
cent bonds.
Also, a bill to admit copies of deeds and other instru¬
ments in evidence when the originals are in the United
States.
.Senate took up a resolution relative to publishing and
distributing the general laws of the General Assembly.
On motion the same was referred to the committee on
the Judiciary.
Senate took up the report of the committee on Confed¬
erate relations.
On motion the same was agreed to.
Mr. Speer offered a resolution, prescribing the form of
the issue of State Treasury Notes, under the act of 12th
Dec., 1SG3—which was taken up, read and agreed to, and
ordered to be transmitted forthwith to the House of Repre¬
sentatives.
Mr. Lloyd, Chairman of the Committee on^the Judiciary,
made the following report: ' .•
Mr. President: The committee on the Judiciary, to which
were referred sundry portions of the Executive Message,
have had the same under consideration and direct me to re¬
port as follows: upon the subject of illegal distillation, the
committee "report a bill to be entitled an act to amend an
act. entitled an "act to further provide for the suppression
of grain and other commodities in this State"—assented to
December 3d, JSG3:
Upon the subject of impressment of provisions, the com¬
mittee deem it impolitic and inexpedient to confer the pow¬
er to impress and hence make no recommendation.
Upon the subject of the impressment of Rail Roads and
rolling stock and locomotive power, the committee report
that they have had before them bills upon the subject, on
which they have specifically reported.
Upon that portion relative to th© suspension of the priv¬
ilege of the writ of Habeas Corpus, the committee submit
the following preamble and resolutions :
Whejjeas, The Constitution of the C enfederate States
TUESDAY, MARCH 15TH, 1864.
declares that "tlie privilege of the writ of Habeas Copus
shall not be suspended unless when in cases of rebellion or
invasion, the public safety may require it," which is an ex¬
press delegation of the power to suspend the privilege of
the writ when the specified conditions exist: And whereas,
it is known to the whole people, that a war is being waged
against us by a cruel vindictive and inhuman enemy, seek¬
ing our subjugation, the overthrow of our State and Con¬
federate government, the subversion of our social and do¬
mestic institutions, the confiscation of our property, the
desecration ot our altars and firesides and the destruction of
our lives, our liberties and all that we hold dear, and that
the armies of this cruel enemy have not only invaded the
territory of the Confederate States, but the territory of ev¬
ery State composing the Confederacy.
And whereas, The national legislature in whom alone
the power is invested by the Constitution of determining
when the public safety requires the suspension of the privi-
lege.of the writ of Habeas Corpus, have determined that the
public safety now requires it, and have by its act suspend¬
ed its privilege in certain cases.
And whereas, The facts communicated to Congress,
showing the necessity for such suspension have not for ob¬
vious and satisfactory reasons been made public and hence
are unknown to us. Be it therefore,
ls£. Resolved, That the Congress of the Confederate States
by the suspension of the privilege of the writ of Habeas
Corpus has exercised a power clearly and expressly granted
in the Constitution.
2d. ResoUed, That the limitation upon the suspension of
the privileges of the writ to the cases specified in the act,
shows that Congress and the President entertain a high re-,
o-ard for the liberties of the people, and the privileges of the
writ of Habeas Corpus, and gives us assurance that the act
will be operative only upon proper and legitimate cases,
where the public safety requires it.
3d. Resolved, That persons guilty of the crimes mention¬
ed in the act of Congress referred to, neither have nor are
they entitled to have the sympathies of this General Assem¬
bly nor the sympathies of any true and loyal citizen of the
State of Georgia.
We are engaged in a cruel war—our liberties menaced by
ail armed foe without—the public safety endangered by
subtle and insidious foes within—the country and its gov¬
ernment should be invested with the power to protect it¬
self as well against the subtle and dangerous foe within, as
against the armed foe without. And we see in this no cause
of alarm''for the safety of the public liberty. - _
4th. Revived, That we have an abrding confidence m the
ability, fidelity and patriotism of the President and Con-
64
JOURNAL OP THE SENATE,
gress of the Confederate States, and although we are not
advised of the facts, the existence of which in the opinion of
Congress rendered the suspension of the writ of Habeas
Corpus necessary, yet we feel confident that the necessity
existed—that the public safety demanded it—and that the
operation of the act will terminate with the necessity which
caused its enactment.
Upon the following bills the committee direct me to re¬
port as follows:
A bill to be entitled an act, to authorize the Governor to
take possession of and use any or all Rail Roads and Rail
Road rolling stock or other appurtenances in this State, for
public use on payment of just compensation—which they
recommend do not pass.
Also, the bill to be entitled an ac't to grant divorces and
to provide for the confiscation of the property of disloyal
men and traitors in certain cases—for which they direct me
to report a substitute,'which is a bill to be entitled an act
to amend the sixteen hundred and seventieth (1670) sec¬
tion of the Code—which they recommend do pass.
THOS. E. LLOYD, Chairman.
On motion of Mr. Gaulden, fifty copies of the resolutions
relative to the suspension of the privilege of the writ of Ha¬
beas Corpus, was ordered to be printed for the use of the
Senate. ■ . .
On motion the same was made the special order for
Thursday next.
The following message was received from the House of
Representatives by Mr. Carrington their Clerk :
Mr. President: The House of Representatives have adopt¬
ed the following resolutions, to-wit :
A resolution requesting the establishment ofa Daily Mail
(Sundays excepted) between Grantsville and Greenville, in
this State.
Also, a resolution authorizing citizens to purchase Corn
in certain cases and under certain circumstances.
The House has concurred in the following resolution of
the Senate, to-wit:
In relation to the adjournment of the present Session.
The House has also passed the following bill, to-wit:
A bill to be entitled an act to incorporate the Ocmulgee
River Rail Road, and for other purposes, therein mentioned,
by a vote of yeas 111, nays 4—all of which I am directed
to transmit forthwith to the Senate.
Mr. Bacon from the committee on Enrollment, reported
as duly enrolled and ready for the signature of the President
TUESDAY, MARCH Iotii, JL8G4. ' 65
0S%el?c^"aDd ^Pea^er of the House of Representatives,'
tne tollowiug resolution, to-wit:
A lesolutton in relation.to the adjournment of the pres¬
ent Session. r
Senate took up as the report of the committee of the
whole,
A bill to authorize the Governor, to take possession of
and use any or all Rail Roads and Rail Road rolling stock or
other appurtenances in this State, for public use on pay¬
ment of just compensation.
Mr. Speer moved to amend the report, by offering the
foiling as a substitute in lieu of the original bill:
A bill to authorize the Governor, to impress in certain
cases, the rolling stock of Rail Roads either-of this State,
or to be found in this State not being in use at the time of
said impressment, or other conveyances for the purpose of
transporting supplies and provisions purchased or ordered
hereafter to be purchased under any loan of this State for
the indigent families of soldiers, on paying just compensa¬
tion therefor—which was agreed to.
'On motion the further consideration of the same was
postponed for the present.
Senate took up as the report of the committee of the whole
A bill to grant divorces and to provide for the confisca¬
tion of the property of disloyal men and traitors \n certain
cases.
"The committee on the Judiciary, to whom this bill was
referred, offered the following as a substitute in lieu of the
original bill:
'*A bill to amend the 1670th section of the Code of Geor¬
gia"—which was agreed to.
The report as amended was agreed to,
The bill was read the third time and passed.
Leave of absence was granted Mr. Spray berry, after the
adjournment to-day, until to-morrow evening.
Senate took up the following bills of the House of Rep¬
resentatives—wbich were severally read the first time :
"A bill to amend an act entitled an act to further provide
for the suppression of unlawful distillation of grain and oth¬
er commodities in this State, assented to Dec. 3d, 1863"—
'Also, a bill to incorporate'the Ocmulgee River Rail Road
and for other purposes therein mentioned.
Senate took up and concurred in a resolution of the
House of Representatives, requesting the establishment of
a Mail Route (Sundays excepted,) between Grantville and
Greenville, in this State.
Senate took up a resolution of the House of Representa¬
tives, authorizing citizens to purchase Corn in certain cases
and under certain circumstances—which was read.
Qn motion the Senate adjourned until 3 o'clock, P. M.
5
66 JOURNAL OF THE SENATE,
3 o'clock, t. m.
Senate met according to adjournment.
On motion of Mr. Speer, the Senate resumed the consid¬
eration of the bill to authorize the Governor, to take pos¬
session of and use any or all Rail Roads and Rail Road rolling
stock or ether appurtenances in this State, for public use
on payment of just compensation and the substitute adopt¬
ed m lieu of the original bill.
The report as amended was agreed to.
Upon the question, shall this bill now pass, the yeas and
nays were required to be recorded and were yeas 22, nays-0.
Those who voted in the affirmative, are Messrs:
Baker, Barr, Bennett, Chambers, Ezzard, Griffin, Groov¬
er, Guerry, Hammond, Hubbard, Johnson^ McCutchen,
McDonald, McRea, Pate, Pafford, Polk, Price, Simmons,
Speer, Whitaker, White.
Those who voted in the negative, are Messrs :
Bacon, Blaekwell, Lloyd, Walker, Wells, West,
So the bill was passed and ordered to be transmitted
forthwith to the House of Representatives.
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, to-wit:
A bill to be entitled an act for the relief of the Tax Re¬
ceivers and Collectors of the counties.of Richmond, Chat¬
ham, Muscogee, Bibb, Decatur and Fulton, for tl e year
1863.
Also, a bill to be entitled an act to repeal the 181 st and
194th sections of the Code of Georgia.
Also, a bill to be entitled an <ict to exempt certain per¬
sons from service in the'Militia of the State of Georgia.
Also, a bill to be entitled an act to incorporate the Co¬
lumbia and Augusta Rail Road Company—all of which I
am directed to transmit forthwith to the Senate.
Senate took up the following bills of the Bouse of Rep¬
resentatives—wiiich were severally read the first time:
A bill for the relief of Tax Receivers and Collectors of the
counties of Richmond, Chatham,- Muscogee, Bibb, Defcatuv,
and Fulton, for the year 1863.
Also, a bill to repeal the 181st and 194th sections of the
Code of Georgia,
Also, a bill to exempt certain persons from service in the
Militia of the State of Georgia.
Also, a bill to incorporate the Columbia and Augusta
Rail Road Company.
On motion the Senate adjourned until 9 J o'clock, to-mar-
row morning.
WEDNESDAY, MARCH IGtji, 1S64. G7
*-
WEDNESDAY, MARCH 16th, 1804, >
O'clock, A. M. >
benate met according to adjournment, and was opened
^vith prayer by Rev. Mr. Fulwood.
Senate took up and agreed to a resolution relative to the
publishing and distribution of the general laws of the Gen¬
eral Assembly.
On motion, the same was ordered to be transmitted forth¬
with to the House of Representatives.
Senate took up the following bill of the House of Repre¬
sentatives, which was read the second time and referred to
•the Committee on the Military :
A bill to exempt certain persons from service in the mi¬
litia of the State of Georgia.
o
Mr. Speer "offered the following resolution, Which was
;taken up, read and agreed to.
Jlesolced, That for the balance of the session, the rule of the
.Senate retaining business acted on in the Senate until the
succeeding day, be, and the same is hereby suspended, and
:that all business acted on in the Senate be at once trans¬
mitted to the House, unless the Senate should otherwise
border.
The following message was received from the House of
.Representatives, by Mr. Carrington, their Clerk:
Mr. President:—The House of Representatives have
adopted a resolution authorizing his Excellency the Gover¬
nor of this State to fund in Confederate bonds all Confed¬
erate States Treasury Notes in the State Treasury, in which
they ask the concurrence of the Senate.
Also, a resolution to have certain books Sent to the mem-
oers and officers of this General Assembly.
Also, a resolution limiting the pay of enrolling officers of
the State to only those subject to military duty under the
■act reorganizing the militia of the State ; in both of which
they ask the concurrence of the Senate.
Thft House has also concurred in the Senate resolutions
prescribing the form of the. issue of State Treasury Notes,
<under the act of 12th Dec., 3 803.
The House has also adopted a resolution to re-establish a
mail route between Dublin in Laurens county and Mount
Vernon in Montgomery county, in which they ask the con¬
currence of the Senate.
The following message was received from the House of
Hepresentatives, by Carrington, their Clerk :
1 Mr. President;—The House of Representatives have
afldpted the following resolution, to-wit*
6s JOURNAL OF THE SENATE,
A resolution in reference to transportation, and for other
purposes therein mentioned, in which they ask the concur¬
rence of the Senate.
Senate took up the following bills of the House of Rep¬
resentatives, which were severally read the second time and
referred to the committee of the whole:
.A bill for the relief of Tax Receivers and Collectors oi
the-counties of Richmond, Chatham, Muscogee, Bibb, De¬
catur and Fulton for the year 1SG3.
Also, a bill to amend an act to incorporate the town of
Fort Gaines.
Also, a bill to admit copies of deeds and other instru¬
ments in evidence, when the originals are in the lTnited
States.
Also, a bill to authorize guardians, administrators, execu¬
tors and trustees to invest in Confederate States four per
cent, bonds.
Also, a b\ll to amend an act entitled an act to further
provide for the suppression of unlawful distillation of grain
and other commodities in this State, assented to Dec. 3dt
1863.
Also, a bill to incorporate the Ocmulgee River Railroadr
and for other purposes therein mentioned.
Senate took up the following bill of the House of Repre¬
sentatives, which was read the second time and referred to
the Committee on the Judiciary :
A bill to repeal the IS 1st and 194th sections of the Code
of Georgia.
Senate took up the following bill of the House of Rep¬
resentatives, which was read the second time and referred
to the Committee on Internal Improvements:
A bill to incorporate the Columbia and Augusta Railroad
Company.
Mr. Speer introduced a bill to encourage the (/rganizptioa
of a navy, which was read the first time.
Mr. Pottle offered the following resolutions, which were
read and referred to the Committee on the Judiciary., and
fifty, copies ordered to be printed for the use of the Senate :
Resolutions in relation to the Act of the Confederate Con¬
gress suspending the privilege of the. Writ of Habeas Cor-
• pus.
The General Assembly of the State of Georgia do liesolrc,.
1st, Under tlie Constitution of the Confederate States, Con¬
gress has the power to suspend the writ of habeas coqm,
and Congress alone has the right to judge of the - existence
of the exigencies which authorize its suspension. ,
2d, That the privilege of habeas corpus is justly regaideo
WEDNESDAY, MARCH IGtii, 1864. 69
4* bulwark of personal liberty,-arid ought.not to be denied,,
except in cases which fall expressly arid clearly within the
contingencies provided for its suspension.
3d, l hat this General Assembly distinguishes between
the right of Congress to suspend the writ of habeas corpus
and the right to delegate to the President a power which
alone appertains under the Constitution to the judicial de¬
partments, of the Government; and that, therefore,
4-th, The recent act of Congress, in so far as it author¬
izes the suspension of the writ in reference to cases of juj
dicial cognizance, is without authority in the Constitution,
and is plainly repugnant to those wise and salutary provis¬
ions, "that no one shall be deprived of life, liberty or pro¬
perty without due process of law," and that due process of
law is a judicial process, supported by oath or affirmation.
5th, That enumeration of cases in said act embraces gome
•offences which are not violative of military law, but which
are solely' the subject matter of judicial cognizance, do not
come within the scope of military power, and no act of
Congress can, constitutionally, confer upon the President
the right to make or order such arrests.
6th, While this General Assembly feels an abiding confi¬
dence in the known patriotism ol the President, and his
past devotion to State sovereignty, and 'an assurance that
he will not abuse the high and responsible prerogative del¬
egated in said act, yet, as sworn guardians of the Constitu¬
tion and.defenders of popular liberty, the representatives
of the people ought always to watch with jealous eye any
encroach men t upon those rights, and all-attempts to claim*
sing ran ted powers.
7th, While this General Assembly holds the above enun¬
ciated principles as applicable to the act m question, it sees
no just reason to fear trora its passage a growth of the mil¬
itary over the civil power, any attempt to subvert or tram¬
ple upon popular liberty, Qr any tendency towards central¬
ization of' power in Congress.
Sth, That when it is declared_ that the public safety re¬
quired the suspension of the writ, and that the I lesident
has informed Congress of public danger, threatened in the
absence of the reasons existing, it must be assumed, that
reasons of a potent nature were furnished, though not suffi¬
cient to authorize a departure from the landmarks of the
Constitution, yet this assumption ought to inspire a charita¬
ble indulgence towards those who were doubtless actuated
by the promptings of the highest patriotism and a devotion
to public duty. . . , , . . •, ,
9th That in view of the principles above enunciated, and
keeping in view the lights of the Constitution, which should
ever «ruide the counsels of the nation, our Senators and Re¬
presentatives are earnestly requested, at the earliest moment,
70
JOURNAL OF THE SENATE,
to insist upon the modification of said act, so as to make it
conform to what is hereby declared to be the true limit'of
legislative power. •
10th, That our all as a people being at stake in this mo¬
mentous contest, subjugation with its attendant horrors im¬
pending and threatened, parties should be ignored, harmo¬
ny and unity of action devoutly sought, bickerings and strife
allayed, and, looking to the great Ruler of the Universe fox
his blessings, all the resources of the country should be em¬
ployed towards a common end and purpose, that end anji
purpose being to conquer an honorable and lasting peace-
and transmit to posterity a country redeemed and disen¬
thralled from the power of tyranny and despotism.
Mr. Chambers introduced a bill to incorporate an insur¬
ance company in the city of Columbus, to be called the
Merchants' Insurance Company of Columbus, Georgia,,
which was read the first time.
Senate took up the following bill, which was read the
second time and referred to the committee of the whole t
A bill to extend the time within which all county officers-
elected at the last election may file'"their bonds and qualify-
as such, until'the first day of June next.
Senate took .up and concurred in the following resolutions
of the House of Representatives :
A resolution authorizing citizens to purchase eorn is cer¬
tain cases, and under certain circumstances.
Also, a resolution authorizing his Excellency the Gover¬
nor of this State to fund in Confederate bonds all Confed¬
erate States Treasury ITotes in the State Treasury.
Also, a resolution to have certain books sent to the mem¬
bers and officers of this General Assembly.
Senate took up a resolution of the House of Representa¬
tives limiting the pay of enrolling officers of the State to-
only those subject to military duty under the act reorgan¬
izing the militia of the State. "
On motion, the same was referred to the Committee or,
the Military.
Senate took up and concurred in a resolution of the House
of Representatives to re-establish a mail route between
Dublin in Laurens county, and Mount Vernon in Montgom¬
ery county.
Senate took up a resolution of the House of Represen¬
tatives authorizing the Governor to take possession of all
surplus and unemployed engines and railroad cars for "cer¬
tain purposes, &c. . ,
On motion, the same was referred to the Committee oie
the Judiciary. i - -
WEDNESDAY, M^RCH;i6ra, 71
Mr. Bacon, from the Committee oil Enrollment, report¬
ed as duly enrolled and ready for the signature of the Pres¬
ident of the Senate and Speaker of the House of Repre¬
sentatives, the following resolutions, to-wit:
Resolutions prescribing the form of the issue of State
Treasury Notes, under the act of 12th December, IS63. •
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following bills, which I am instructed to transmit;
forthwith to the Sen ate :
A bill to be entitled an act to appropriate the sum of
four hundred and eighteen dollars for the common school
fund in the county of Wilcox for the year 1S63.
Also, a bill to be entitled an act to amend the several tax
laws of this State, and for other purposes.
Also, a bill to be entitled an act extending the time of
county officers filing their bonds and taking out commis¬
sions.
Also, a bill to be entitled an act to amend the fifteenth
section of an act entitled an act to reorganize the militia of
Georgia, and for other purposes, approved 14th December,
1863.
Senate took up the following bills of the House of Rep¬
resentatives, which were severally read the first time :
A bill to amend the-fifteenth section of an act entitled
an act to reorganize the militia of Georgia, and for other
purposes, approved 14th Dec., J §63.
Also, a bill to amend the several tax laws of this State,
and for other purposes.
■ ■•Also, a bill extending the time of county officers filing
their bonds and taking out commissions.
Also, a bill to appropriate the sum of four hundred and ,
eighteen dollars for the common school fund in the county
of Wilcox, for the year 1SG3.
On motion, the Senate adjourned until 3 o'clock, P. M.
3 O'clock, P. M.
Senate met according to adjournment.
" Mr Bacon, 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 resolutions and acts,
to-wit:
72
JOURNAL OF THE SENATE,
A resolution requesting the establishment of a daily mail
route (Sundays excepted) between Grantville and Green¬
ville in this State.
Also, a resolution to re-establish a mail route between
Dublin in Laurens county, and Mount Vernon in Montgom¬
ery county.
Also, a resolution to have certain books sent to the offi¬
cers and members of the General Assembly.
Also, a resolution authorizing citizens to purchase corn
in certain cases, and under certain circumstances.
Also, a resolution authorizing his Excellency the Gover¬
nor of this State to fund in Confederate bonds all Confede¬
rate Treasury Notes in the State Treasury.
Also, an act to reduce the bonds of Receivers of Tax
Returns and Tax Collectors of this State, and to repeal so
much of the 146th section of the Code as limits the secu¬
rities on said bonds to the number of five.
Mr. Lloyd, chairman of the.special committee, to whom
was referred that portion of the Governor's message rela¬
ting to the relief fund for soldiers' families, made the fol¬
lowing report:
That ihey have had the matter referred under considera¬
tion, and recommend the passage of the following resolu¬
tion :
Resolved, That whenever the Governor is informed that
the Justices of the Inferior Court of any county in this
State shall fail or refuse to do fheir duty towards the citi¬
zens of the county, with reference to the proper distribu¬
tion of the relief fund for soldiers families, that he be au¬
thorized to appoint an agent to take charge of the fund for
said county, and disburse the same : provided, tfye agent so
appointed shall be a person not subject to military duty un¬
der the acts of the Congress of the Confederate States.
Mr. Pottle moved to amend the same by adding the fol¬
lowing proviso :
And provided, also, that the Governor shall require such
agent to enter into bond with security in such amount as
he may judge, for the faithful discharge of his trust..
Which was agreed to.
The report was adopted, and the resolution as amended
was agreed to.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mt. President:—The House of Representatives have pas¬
sed the following bills, to-wit:
A bill to require the Reporter of the Supreme Court to
publish the decisions of the Supreme Court in pamphlet
form. ,
WEDNESDAY, MARCH 16tji, 1864. 73
Also, a bill to be entitled an act to exempt from taxation
cotton and other property owned by our Confederate States
government in this State, and for other purposes.
Also, a bill entitled an act supplemental to an act assen¬
ted to Dec. 14th, 186-3, to provide for raising a revenue for
the political year 1864, and to appropriate money for the
support of the government during said year, and to make
certain special appropriations, and for other purposes.
Senate took up the following bills of the House of Rep¬
resentatives, which were severally read the first time :
A bill to exempt from taxation, cotton and other property
owned by the Confederate States government.
Also, a bill to require the Reporter of the Supreme Court
to publish the decisions of the Supreme Court in pamphlet
form.
Also, a bill supplemental to an act assented to Dec. 14th,
1863, to provide for raising a revenue for the political year
1864, and to appropriate money for the support of the gov¬
ernment during said year, and to make certain special ap¬
propriations, and for other purposes.
Mr. Gaulden offered a series of resolutions in reference to
the present war,.and manner of obtaining peace, which were
read.
Mr, Gaulden offered a resolution in reference to the mili¬
tia troops of Georgia.
On motion, the same was referred to the Committee on
the Military.
The following message was received from the House of
Representatives by MrrCarrington, their Clerk :
jMr. President:—The House of Representatives have pas¬
sed the following bills, which I am directed to transmit
forthwith to the Senate :
A bill to be entitled an act to authorize the appointment
of county commissioners in certain cases, and for other pui-
» bill to be entitled an act for the relief of the cit¬
izens^ Habersham county, and for transporting supplies,
and for other purposes.
Also, the following resolution, to-wit.
A resolution for settlement of tax fi. fas. vs. H. P. Liv-
. ingston, of the county of Clinch, and K. H. McCroskey, of
the county of Fulton.
1 Senate took up the following bills of the _House of Rep¬
resentatives, which were severally read the first time :
A bill for the relief of the citizens of Habersham coun¬
ty, and for transporting supplies, arid for other purposes.
74
JOURNAL OF THP] SENATE,
Also, a bill to authorize appointment of county commis¬
sioners in certain cases, and for other purposes.
Senate took up and concurred in a resolution of the House
of Representatives for settlement of tax fi. fas. vs. H. P-
Livingston, of the county of Clinch, and R. II. McCroskey,
of the county of Fulton.
Mr. Gaulden offered a series of resolutions in reference to
the suspension of the privilege of the writ of habeas coryvs
by the late act of Congress.
On motion, the same were referred to the Committee on
the Judiciary.
On motion, the Senate adjourned until ten o'clock to¬
morrow morning.
Senate met according to adjournment, and was opened
with-prayer by Rev. Mr. McDonald.
Senate took up the following bill of the House of Repre¬
sentatives, which was read the second time -and referred to
the committee of the whole :
A bill extending the time of county officers, filing their
bonds and taking out commissions.
The following Message was received from the House of*
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following bill, to-wit:
A bill to-be entitled an act to repeal an act entitled an act
to, amend the charter of the Macon and Western Rail Road
Company, assented to December 14th, 13G3.
Senate took up as the report of the committee of the
whole the following bill of the House of Representatives:
A bill to incorporate the Ocmulgee River Rail Road, and
for other purposes therein mentioned.
The report was agreed to. V
Upoa the question, shall this bill no\^ pass ? the „yeas
and nays were required to be recorded, and were yeas 26,
nays 1. ' '
Those who voted in the affirmative, were Messrs.
Anthony, Bacon, Barr, Bennett, Bla'ckwell, Chambers,
Ezzard, Griffin, Groover, Guerry, Hammond, Hubbard,
THURSDAY, MARCH 17th, 18G4.
10 o'clock, a. m.
THURSDAY, MARCH 17m, 1864. 75
Johason, MeCutcheri, McDonald, McRae, Pate,. Pafford,
White ^ felmm0DS' SPeer' Walton> Wells, Whitaker,
Mr. Underwood votecl in the negative.
leas 26 ; Nays 1. So the bill'was passed bv a Constitu¬
tional majority.
Senate took up as the report of the committee of the
whole, the following bill of the House of Representatives :
A bill to incorporate the Columbia and Augusta Rail
Road Company.
The report was agreed to.
Upon the question, shall this bill now pass ? the yeas and
nays were required to be recorded, and were yeas 21, nays 2.
Those who voted in the affirmative were Messrs.
Adams, Anthony, Baker, Barr, Bennett, Black well, Cham¬
bers, Ezzard, Groover, Guerry, Hammond, Johnson, Mc¬
Donald, Pate, Polk, Price, Simmons, Walton, Wells, Whit¬
aker, White.
Those who voted in the negative are Messrs.
Griffin, Underwood.
Yeays 21 ; Kays 2. So the bill was passed by a Consti¬
tutional majority.
Leave of absence, was granted Messrs. MeCutchen and
Reid, during their absence the first days of the Session, on
account of indisposition. *
Senate took up as the report of the committee of the
whole, the following bill of the House of Repaesentatives:
A bill for the relief of the Tax-Receivers and Collectors
of the counties of Richmond, Chatham, Muscogee, Bibb,
Decatur and Fulton, for the year 1SG3.
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, the following bill of the House of Representatives :
A bill to amend an act to incorporate the town of Fort
Gaines.
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 the following bill of the House of Representatives :
A bill to admit copies of deeds and other instruments, in
evidence, when the originals are in the United States.
The report was agreed to.
The bill was read the third time and passed.
76
JOURNAL OF THE SENATE,
Senate took up as the report of the committee of the
whole—
• A bill to amend an act entitled an act to farther provide
for the suppression of unlawful distillation of grain and oth¬
er commodities in this State, assented to Dec'r 3d, 18G3.
The report was agreed to.
The bill was read the third time and passed.
Senate took up the following bill^of the House of Repre¬
sentatives :
A bill to amend an act, assented to Dec'r 12th, 1863, au¬
thorizing the Governor to issue State Treasury Notes, pay¬
able in Confederate States Treasury Notes.
On motion, the same was indefinitely postponed.
Senate took up as the report of the committee of the
whole, the following bill of the House of Representatives:
A bill to authorize Administrators, Executors, Guardians
and Trustees, to invest in Confederate States four per cent
bonds.
Mr. Hubbard moved to amend the report by adding a
proviso, which was agreed to.
The report as amended was agreed to.
The bill was read the third time and passed.
Senate took up the following bills, which were severally
read the second time, and referred to the committee of the
whole :
A bill to encourage the organization of a Navy.
Also, a bill to incorporate, an Insurance company in the
city of Columbus, to be called the Merchants Insurance
Company, of Columbns Georgia.
The following Message was received from the House of
Representatives, by Mr. Carrington, their,Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following bills to-wit:
A bill to be entitled an act to exempt County Treasurers
from Military duty.
Also, a bill to be entitled an act for the relief of Trus¬
tees.
Also, a bill to be entitled an act to legalize- the funding
of the present issue of Confederate Treasury Notes, by Ad¬
ministrators, Executors, Guardians and Trustees.
Senate took up the following bills of the House .of Rep¬
resentatives, which were severally read the second time and
referred to the committee on Finance :
A bill to amend the several Tax laws of this State, and
for other purposes.
Also, a bill supplemental to ain act, assented to Dec'r 14th
THURSDAY, MARCH 17th, 1S64. 77
1863, to provide for raising a revenue for the political year
1864, and to appropriate money for the support of the Gov¬
ernment during said year, and to make certain special ap¬
propriations, and for other purposes.
Mr. Speer offered a resolution authorizing the Governor
to impress copper stills for Rail Road and Military pur¬
poses.
On motion the same was referred to the committee on
the Military.
Senate took up the following bills of the House of Rep-
sentatives, which were read the second time, and referred to
the committee of the whole ;
A bill to amend the fifteeenth section of an act entitled an
act to re-organize the Militia of Georgia, and for other pur¬
poses, approved 14th Dec> 1868.
Also, a bill to authorize the appointment of County com¬
missioners, in certain cases.
Also,.a bill to require the Reporter of the Supreme Court
to publish the decisions of the Supreme Court in pamphlet
form.
Also, a bill to appropriate the sum of four hundred and
t eighteen dollars for the common school fund, in the county
of Wilcox, for the year 1S63.
Also, a bill for the relief of the citizens of Habersham
county, and for transporting supplies, and for other pur¬
poses.
Also, a bill to exempt from taxation, cotton and other
property, owned by the Confederate States Government in
this State.
Senate took up the following bills of the House of Repre¬
sentative?, which were severally read the first time :
A bill to repeal an act entitled an act to amend the char¬
ter of the Macon and Western Rail Road, assented to Dec'r
14th, 1863.
Also, a bill for the relief of Trustees.
Also, a bill to legalize.the funding of the present issue of
Confederate Treasury Notes, by Administrators, Executors,
Guardians and Trustees.
• Also, fi bill to exempt County Treasurers from Military
dUOn motion the Senate adjourned until 3 o'clock, P. M.
3 o'clock, P. M.
Senate met according to adjournment.
The following Message was received from the House oi
Representatives, by Mr. Carrington tbeir Clerk':
78
JOURNAL OF THE SENATE,
Mr President:—The House of Representatives have pas¬
sed the following bills, to-\vit:
A bill to require Rail Road companies of this State, as
well as the Western and Atlantic Rail Road, to keep water
and lights in the cars for passengers, on their respective
trains.
Also, a bill to be entitled an act to encourage the.organ¬
ization of a Navy.
Also, a bill to allow persons to administer upon property
in the county to which it has been moved, f©r security from
the enemy.
The House has concurred in the following Resolution of
the Senate, to-wit:
A Resolution authorizing the Governor to purchase wag¬
ons and teams for the transportation of corn from the Rail
Road to indigent Soldiers families :
The House has also passed the following bill., to-wit:
A bill to be entitled an act to authorize county officers to
fund any public money they may have on hand, before the
1st day of April next.
Senate took up the following bills of the House of Repre-"
sentatives, which were severally read the first time-:
A bill to require Rail Road companies of this State, as
well as the Western & Atlantic Rail Road, to keep water
and lights in the cars for passengers, on their respective
trains.
Also, a bill to authorize County o*fficers to fund any pub¬
lic moiiQj? they may have on hand before the first day of
April next.
Also, a bill to allow persons to administer upon property
in the county to which it has been moved, for security from
the enemy.
Also, a bill to encourage the organization of a Navy.
Mr. Walker from the committee on the Judiciary, made
the following minority report, relative to the suspension of
the privilege of the writ of habeas corpus, and fifty copies of
the same ordered to be printed for the use of the Senate :
The General Assembly of the State of Georgia do re¬
solve, 1st. That in suspending the writ of habeas corpus
the only right of which the citizen can be constitutionally
deprived of is the privilege of testing the legality of his
imprisonment by the regularly established courts of the
country ; that the provisions of the recent act of the Con¬
federate Congress which suspends the writ of habeas corpus,
and confers upon the President, Secretary of War, or Gen¬
eral Officer commanding the Trans-Mississippi Military de¬
partment the powers to arrest ana detain persons ordered
to be arrested by them respectively, are not warranted by
THURSDAY, MARCH 17th, 1804. 79
the Constitution ; that the Confederate Congress has not the
Constitutional right to confer upon the Presichyat, Secretary
of War, or General Officer Commanding the Trans-Mississ¬
ippi Military Department, or any. other person whatsoever,
except the Judiciary, the power to arrest citizens not in the
Military or Naval service of the country ; that the arrest of
citizens not connected with the Military or Nav^l service of
the country, without lawful warrant issued upon probable
cause, supported by oath or affirmation, is repugnant to the
provisions of the Constitution.
2nd. That the preservation, limitation, and division of
the powers of the Executive, Legislative and Judicial De¬
partments, contained in the Constitution, is absolutely nec¬
essary for the protection of Constitutional Liberty. That
in accordance with these principles, the Legislative power
cannot confer upon the Executive the powers of the Judi¬
ciary ; nor can the Legislative power usurp the powers con¬
ferred upon the Judiciary.
3rd. Thai; in affirmance of the principles herein announc¬
ed. it is the duty of the people to respect the law until its
Constitutionality can be tried by the Judiciary; and when
decided, should be respected and obeyed by the people, civ¬
il and military authorities.
4th. That our strong hope of success in this revolution
in which all interests are involved, rests upon maintaining
our Constitution with all of its rights, privileges and guar¬
antees intact; and in requiring all the departments of Gov¬
ernment to keep within their Constitutional bounds.
5th. That our Senators and Representatives in the Con¬
federate Congress be requested to cast their votes and use
their influence in modifying said law, to make it conform to
the principles herein announced.
Mr. Lloyd, Chairman of the Committee on the Judiciary,
made the following report:
Mr. President:—The Committtec on the Judiciary, to
which were referred sundry bills and resolutions, have had
the same under consideration, and direct me to report as
follows :
A bill of the House, to be entitled an act to repeal sec¬
tions 1S1 and 194 of the Code of Georgia, which they rec¬
ommend do not pass.
Also, a resolution of the House in reference to transpor¬
tation, which they recommend be not concurred in.
Also several series of resolutions in relation to the recent
act of the Confederate Congress, suspending the privileges
of the writ of habeas corpus, all of which the Committee di¬
rect me to report back to the Senate without recommen-
<iati°n' THOS. E. LLOYD, Chairman.
80 ' JOURNAL OF THE SENATE,
- TJie following Message was received from the House of
Representations, by Mr. Carrington their Clerk :
Mr. President:—The House of Representatives have
adopted Resolutions in refe-rence to certain Battle-flags, in
which they ask the concurrence of the Senate.
The House of Representatives have concurred in the fol¬
lowing resolutions of the Senate, to-wit:
A resolution in relation to the publication and distribu¬
tion of the Acts of the General Assembly.
A resolution in reference to the distribution of the relief
fund for Soldiers families.
The House of Representatives have also passed the fol¬
lowing Bill of the Senate, to-wit:
A bill to be entitled an act to amend the 1670th section
of the Code of Georgia.
Senate took up and concurred in a resolution of the House
of Representatives, in reference to certain battle flags.
The following Message was received from the House of
Representatives, by Mr. Carrington their Clerk :
Mr. President:—The House of Representatives retuses to
concur in the amendment of the Senate to the bill of the
House, entitled an act to authorize Administrators, Execu¬
tors, Guardians and Trustees, to invest in Confederate States
four per cent bonds, and respectfully request the Senate to
recede therefrom.
Senate took up the following bill of the House of Repre- 1
sentatives, which had been amended in the Senate, in which
the House of Representatives refused to concur:
A bill to authorize Administrators, Executors, Guardians
and Trustees, to invest in Confederate States four per cent
bonds.
On motion the Senate receded fiom its amendment.
Senate took up as the report of the committee of the
whole, the following bill of the House of Representatives:
A bill to repeal the lSlst and 194th sections of the Code
of Georgia.
The committee on tlie Judiciary to whom this bill was
referred, reported adversely to its passage.
The report wTas agreed to, and the bill was lost.
The following Message was received from the House of
[Representatives, by their Clerk, Mr. Carrington :
• Mr. President1The House of Representatives has pas¬
sed the following bill, which I am instructed to transmit
forthwith to the Senate, to-w7it:
A bill to be entitled an act to indemnify Executors, Ad¬
ministrators, Guardians^ Trustees and Agents against loss in
the depreciation of the currency. »
FRIDAY, MARCH 18TH, 1864.
St
Senate took up the following bill of the House of Repre¬
sentatives, which was read the first time :
A bill to indemnify Executors, Administrators, Guar¬
dians, Trustees and Agents, against loss in the depredation
of the currency.
On motion-4he Senate adjourned "until 9 o'clock to-mor¬
row morning.
O
FRIDAY MARCH ISth, 1SG4.)
9 o'clock, A. M. >
The Senate met according to adjournment and was open¬
ed with prayer by Rev. Mr. Fill wood.
Mr. Bacon from the Committee on Enrollment reported
as duly enrolled and ready for the signature of the Presi¬
dent of the Senate and'Speaker of t*he House of Represen¬
tatives the following act and resolutions, to-wit:
An act to amend the 1670 th section of the code of Georgia.
A resolution approving the action of the Governor in
purchasing wagons and teams for the transportation of corn
from the Railroad to indigent families of soldiers.
Also, a resolution in reference to the distribution of the
relief fund for soldiers' families.
Also, a resolution in relation to the publication and dis¬
tribution of the Acts of the General Assembly.
Mi'. Speer, Chairman of the Finance Committee made
the following report:
Mr President.—TRe Committee on,Finance to whom was
referred the bill to be entitled an act to amend the several
tax laws of this State, and for other purposes, have had the
same under consideration and report it back to the Senate
with the amendment, by sinking out all the words in the
second section after «1S64" and be,ore the word "dollar,'
and with this amendment, recommend that it do pass ;
Akn a bill to be entitled an act supplemental to an act,
assented'to December 14th, 1SG3, to provide for raismg a
revenue for the. political year 1864,and to appropriate money
for the support of the government during sa,d year, and to
lor tne t>up^ nnnronriations, and for other purposes,
roake certain Jf^ate with the amendment! viz i ■
and repoit _ ]ag(. fc of t]ie third se-ctlon affer
by striking o v „ ^ insert in lieu thereof the words
tlie wo:rd''coiri ggsjon» and recommend that it do pass
"during the present session ^ ^
8iS *
M p0ttle offered the following resolution which was tar
ken up, read ^nd agreed to:
6
82 JOURNAL OF THE SENATE,
Resolved, That his Excellency the Governor be respect¬
fully requested to inform the Senate whether he has certi¬
fied to the Confederate government what officers of the
.State $re' necessary for the proper administration of the
State government and the character of that certificate.
The Senate took up as the report of the committee of
the whole the following bill of the House of Representa¬
tives :
A bill to amend the several tax laws of this State and
for other purposes.
The Committee on Finance, to whom this bill was refer¬
red moved to amend the report by striking out in the 2d sec¬
tion all the words after the word "1864;" upon agreeing to
which, the yeas and nays were required to be recorded, and
were yeas 26 nays 8. l(
•Those who voted in the affirmative are Messrs. *
Bacon, Baker, Bennett, Blackwell, Chambers, Gaulden,
Griffin, Groover, Guerry, Hammond, Hubbard, Johnson,
Uoyd,Mabry, McCutchen, McDonald, McRae, Pate, Pafford,
Pottle, Speer, Sprayberry, Walton, West, Whitaker, White.
Those who voted in the negative are Messrs.
Barr, Ezzard, Polk, Reid, Simmons, Underwood, Walker,
Wells.
So the amendment was agreed to.
The report ag amended was agreed to, the bill was read
the third tune and passed.
The Senate took up as the report of the committed of
the whole—
A bill to incorporate an insurance company in the
city of Columbus to be called the Merchants' Insurance
Company of Columbus, Georgia.
The report was agreed to, the bill was read the third
time and passed.
The following message was received from the Hcuse of
Representatives by Mr. Carrington their Clerk :
Mr. President: The House of Representatives have adopt¬
ed the following resolutions in which they ask^the concur¬
rence of the Senate, to-wit:
Resolutions declaring the ground on whicli the Confed¬
erate States stand in this \frar, and the terms on which peace
ought to be "offered to the enemy, and I am instructed to
transmit the sarrfe to the Senate forthwith.
The Senate took up as the report of the committee of
the whole the following bill of the House of Representa¬
tives : •
' A bill supplemental to an act, assented to December 14th,
FRIDAY, MARCH IStii, 1864.
83
1S63, to provide for a revenue for the p-olitical year 1864,
and to appropriate money for the support of the govern¬
ment during said year and to make certain special appro¬
priations and for other purposes.
The Committee on Finance moved to amend the report
by striking out in the third section the words "for so many
days as they may have served said committee," and inserting
in lieu thereof the words "during the session" which was
agreed to. . . ■
Mrv Speer moved further to amend the report by inserting
in the 4th section the words "five thousand six hundred and
fifty," which was agreed to.
Mr. Price moved further to amend the report by adding
an additional section, which was agreed to,
Mr. Bacon moved further to amend the report by adding
an additional section, which was agreed to.
Mr. Gaulden moved further to amend the report by ad¬
ding an additional section, which was lost.
The report as amended was agreed to.
Upon the question shall this bill now pass? the yeas and
and nays were recorded and were yeas 20 nays 3.
Those who voted in the affirmative were Messrs.
Bacon, Baker, Barr, Bennett, Chambers, Ezzard, Gaul-
den, Griffin, Groover, Guerrv, Lloyd, Mabry, McCutchen,
McDonald, McRae, Pate, Pafford, Pottle, Price, Reid, Sim¬
mons,' Speer, Sprayberry, Wells, Whitaker, White.
Those who voted in the negative were Messrs.
Polk, Walker, West.
So the bill was passed.
The Senate took up as the report of the committee of
the whole the following bill of the House of Representa-
A bill apnropriate four hundred and" eighteen dollars
for the common school fund in the county of Wilcox for the
^Thffreport was agreed to, the bill was read the third
time and , the report of the committee of
bill of the House of Represents
^VCS,:.„ i. the reporter of the Supreme Court to
publish the decisions of the Supreme Cour? in pamphlet
<0,&G.ul^^
lbLlowing to ^ the Superior Courts of each county
thre^coj^es of his reports, in pamphlet form to be paid for
84
JOURNAL OF THE SENATE,
out of the contingent fund of this State," which was agreed
to.
Mr. West moved further to amend the report by insert¬
ing in the first section the words "instead of bound vol¬
umes," which was agreed to.
Mr. West moved further to amend the report by striking,
out the second section, 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 committae of
the whole the following bill" of the House of Representa¬
tives :
A bill to authorize the appointment of county Commis¬
sioners in certain cases and lor other purposes.
The report was agreed to, the bill was read the third
time and passed.
The Senate took up the following bill of the House of
Representatives :
A bill for the relief of the citizens of Habersham county
and for transporting supplies and for o»her purposes.
On motion, the same was referred to the Committee on
the Judiciary.
The Senate took up as the report of the committee of
the whole the following bill of the House of Representa¬
tives :
A bill to exempt from taxation cotton and other property
owned by the Confederate States government.
Mr. Lloyd moved to amend the report by adding an ad¬
ditional section.
On motion, the same was referred to the committee on
the Judiciary.
The Senate took up as the report of the committee of
the whole the following bill of the House of Representa¬
tives :
A bill to amend the fifteenth section of an act to reorga¬
nize the militia of Georgia, and fos 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 the following bill of the House of Representa¬
tives :
A bill extending the time of county officers filing their
their bonds and taking out commissions.
Mr. Lloyd moved to amend the report by striking out in
the first section the words "and Receivers" and to insert af¬
ter the words "in each year" "andTax Receivers until the
1st day of April next,"'which was agreed to.
Mr. West moved further to amend the report by striking:
out the word "provided" and insert the word "and", which:
was agreed to.
FRIDAY, MARCH 18th, .1864. 85
The report as amended was agreed to, the bill was read
the third time and passed.
On motion, the Senate adjourned until 3 o'clock, P. M.
3 o'clock, P. M.
The Seriate met according to adjournment.
t
Mr. Bacon, 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 acts, to-wit :
An act to amend an act to incorporate the town of Fort
Oaines.
Also, ah act for the relief of the Tax Receivers and Col¬
lectors of the counties of Richmond, Chatham, Muscogee,
.Bibb, Decatur and Fulton for the year 1S63.
Also, an act to authorize Administrators, Executors, GFuar-
■dians and Trustees to invest in Confederate States four per
-cent bonds.
•Also, an act to incorporate the Ocmulgee River Railroad
and for other purposes therein mentioned.
Also, an act to incorporate the Columbia and Augusta
Eailroad Company.
Also, a resolution for settlement of tax fi fas, vs. H. P.
Livingston, of the county of Clinch, and R. H. McCrosky,
of the county of Fulton.
Also, resolutions in reference to certain battle flags.
. Also, an act to admit copies of deeds and other instru¬
ments in evidence when the originals are in the United
States.
Also, an act to appropriate the sum of four hundred and
■eighteen dollars for the common school fund in the county
<©f Wilcox for the year 18(53.
Also, an act to amend the fifteenth section of an act en-
titled an act to reorganize the milmaof Georgia, and for
.I • 0,x„rftved 14th Dec., 1863.
-rLPsSate tookPup^ the following bills of the House of
The Senate tooK up 8everal,y read th d y
Representatives whicn ^e on ^ Judi
-and referred to the Co™ g 0,.ganizatioI} of a ^
A bill to en persons to administer upon property
Also, a bi which it has been moved for security from
win the county to whicu j
the authorize county officers to fund any pub-
Also> 01 may have on hand before the 1st day of
lie money, they
Apt^fbiU for the relief Trustees.
S6
JOURNAL OF THE SENATE,
Also, a bill to indemnify Executors, Administrators, Guar¬
dians, Trustees and agents against loss in the depreciation
of the currency.
Also, a bill to legalize the furling of the present issue of
Confederate Treasury notes by Administrators, Executors,
Guardians and Trustees.
The Senate took up the following bill of the House of
Representatives which was read the second time and refer¬
red to the Committee on the Military :
A bill to exempt county Treasurers from military duty.
The Senate took up the following bills of the House of
Representatives which were severally read the second time
and referred to the committee of the whole :
A bill to require Railroad companies of this State as welt
as the Western and Atlantic Railroad to keep water and
lights in the cars lor passengers on their respective trains.
Also, a bill to repeal an act entitled an act to amend the
charter of the Macon and Western Railroad, assented to
December 14th, 1863.
t The Senate took up the special order which was a series
of resolutions offered by the Committee on the Judiciary
relative to the suspension of the privilege of the writ of
Habeas Corpus by the recent act of Congress.
Mr. Pottle offered a substitute for the same.
Mr. Lloyd offered the following as a substitute for the
original resolutions and substitue :
The General Assembly* of the State of Georgia do resolve,
That having full confidence in the patriotism and integrity
of the President and Congress of the Confederate States,
and believing' that the suspension of the writ of Habeas
Corpus would not have been asked for by the President or
granted by Congress except for the good of the country and
under the necessities which under the terms of the Consti¬
tution justify the act of suspension, and that the same will
not be used to the oppression of the good people of the
Confederate States; that this General Assembly will take
no action upon the matter leaving the construction of the
act to the judicial tribunals of vthe country. .
Mr. West moved that the same lie on the table for the
present, which was agreed to,
' On motion, the Senate, adjourned until 9 o'clock, to-mor¬
row, morning. *
SATURDAY MARCH 19th, 1864. )
9 OCLOCK, A. M. )
The Senate met according to adjournment, and was
opened with prayer by Rev. Mr. Fullwood.
SATURDAY, MARCH 19TH, 1864. 87
Mr. West, moved to reconsider so much of the journal;
ot yesterday as relates to the vote by which a bill of the
House bf Representatives to authorize , the appointment of
caunty commissioners in certain cases, and for'other pur¬
poses, was passed, which was agreed to.
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 amendments of the Senate to the following
bills of the House, to-wit:
A bill supplemental to an act assented to Dec. 14thv
1S63, for raising a revenue for the political year 1864, and
appropriate money for the support of the Government du¬
ring said year, and to make certain special appropriations,,
and for other purposes.
Also a bill extending the time for county officers filing;
their bonds and taking out commissions.
Also a bill to require the reporter of the Supreme Court;
to publish the decisions of the Supreme Court in pamphlet
form.
Also a bill to be entitled an act to amend the several- tax
laws of this State, and for other purposes.
The House of Representatives have also adopted the
following*resolutions in which they ask the concurrence of
the Senate, to wit:
A resolution creating a certain officer for the collection
of claims of deceased soldiers.
Also a resolution requesting the establishment of a mail
route between Klberton and Hartweil,
Mr. Lloyd, Chairman of the committee on the Judiciary,
submitted the following report :
Mr. President.—The committee on the Judiciary have
liad the following bills under consideration and direct me
to report us follows :
House bill to be entitled an act to encourage the organi-
nation of a navy, which they recommend do pass-
Also House bill to be entitled an act to legalize the
funding of the present issue of Confederate Treasury notes
by Administrators, Executors, Guard,ans and Trustees,
which they recommend do pass.
"• Also a bill to be entitled an act for the relief of Trustees,
which thev recommend do pass..
Also bill to allow persons to administer upon property
in the county to which it has been moved for seconty from
» the enemy, ihich they recommend do pass. _
: Also bill to be'entitled an act to authorize county officers
' f this State to fund any public monies they have on hand
t any time ' before the lst day pril next' which the
88
JOURNAL OF THE SENATE,
committee amend by striking out all in the 2d section all the
words after '-counties" in the third line down to the word
"are" in the fifth line of the same, and. as amended recom¬
mend its^ passage. •
Also, a bill to be entitled an act to indemnify Executors,
Administrators, Guardians and Trustees, against loss in the
depreciation of the currency—which they recommend do
pass.
Also, a bill to be entitled an act to exempt from taxation,
Cotton and other property owned by the Confederate
States in this State, which the committee amends by adding
the following section, to-wit: "That the bonds of the
Confederate States in the hands of the citizens of this State,
be likewise exempt from taxation"—and as amended recom¬
mended its passage.
Also, a bill to be entitled an act for the relief of the citi¬
zens of Habersham county, and for transporting supplies
and for other purposes—for which the committee report a
substitute—which is a bill to be entitled an act for the re¬
lief of Habersham county, and all other counties in this
State, alike destitute and for other purposes—which they
recommend do pass.
THOS. E. LLOYD, Chairman.
Mr. Ramsay, Chairman of the Military Committee, made
the following report: •
'Mr. President: The Military Committee to whom were
referred sundry bills and resolutions, have had the same un¬
der consideration and submit the following report:
A bill to be entitled an act to exempt certain persons
from, service in the Militia of the State of Georgia—which
they recommend do not pass.
Also, a bill to be entitled an act to exempt county Treas¬
urers from Military duty—which they recommend do not
pass.
Also, a resolution limiting the pay of Enrolling Officers
of the State to only those subject to Military duty under
the act reorganizing the Militia of the State—which they
recommend do not pass.
Also, resolutions relating to impressment of Copper Stills
for Rail Roads and Military purposes—which they recom¬
mend do not pass.
Also, a resolution in relation to the Militia troops of
Georgia, for which they have instructed me to submit as a
substitute, a resolution accompanying this report,
Senate took up a resolution relative to the Militia troops
of Georgia,
The committee on the.Military, offered the following as
a substitute in lieu of the original resolution :
Resolved, by the Senate and House of Representatives in Gen-
SATURDAY, MARCH 19th, 1864. 89
ctol Asscinbhj met, That in the opinion' of this General As-
semby, all the Departments of the State Government shall
cooperate heartily in all constitutional measures that tend
o strengthen the armies of the Confederate States and pro¬
mote the success of the war, and that for this purpose no
obstacles should be offered in any way to the enrolling for
Confederate service under the recent act of Congress, all
peisons subject to Military service between the ages of
seventeen and eighteen and the ages of forty-five and fifty—
though they may be enrolled under the Militia laws of this
State.
Mr. Pottle offered the following as a substitute for the
original resolutions and substitute :
Resolved, That this General Assembly declining to ex¬
press any opinion as to the wisdom of the act passed by
Congress enrolling such persons as had been enrolled under
State law—recommend that His Excellency interpose no
obstacle to its enforcement, and the Governor is requested
to ope'n a correspondence with the Secretary of War, and
request him to exhonerate from the penalties of said act,
such persons between the ages of seventeen and eighteen
and forty-five and fifty, wTho did not volunteer or enroll
within the time specified, supposing that their enrollment
under the State law was legal,
Upon agreeing to which, the yeas and nays were requir¬
ed to be recorded and wTere yeas 18, nays 14.
Those who voted in the affirmative, are Messrs:
Bacon, Barr, Chambers, Groover, Guerry, Hammond,
Lloyd, Mabry, McCutchen, Polk, Pottle, Price, Ramsay,
Reid, Speer, Walker, West, White.
Those who voted in the negative, are Messrs.
Baker, Bennett, Blackwell, Gaulden, Griffin, Hubbard,
McDonald, McRea, Paflord. Simmons, Sprayberry, Under¬
wood, Walton, Whitaker.
So the resolution was agreed to.
Mr Bacon, Chairman of the Committee on Enrollment,
reports as duly enrolled, and signed by the Speaker of the
House, and ready for the signature of the Presioent of the
Spnnf-p the following bills, to-wit:
An act supplemental to an act assented to Dec. 14th,
■ 1863, for raising a revenue for the political year 1S64, and
aDDropriating money for the support, of the government
during said year, and to make certain special appropriations
» and for other purposes, ^
^ An act extending the time for county officers filing their
bonds, and taking out commissions, ~ .
An act to require the Reporter of the Supreme Court to
^ujtjlish the decisions of the Supreme Court in pamphlet form,
90
JOURNAL OF THE SENATE,
An act to amend the several ttix laws of this State, and
for other purposes.
Senate took up as the report of the committee of the
whole, the following bill of the House of Representatives :
A bill to encourage the organization of a Nav}^.
The report was agreed to.
TJie 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: I am directed by the Governor, to lay be¬
fore the General Assembly, a communication in writing.
Also, I am directed by the Governor, to deliver to the
Senate, a message in writing, in response to a resolution of
enquiry: * .
Senate took up the following communication in writing
from His Excellency the Governor—which was read and
referred to the committee on the Military :
EXECUTIVE DEPARTMENT, >
Milledgeville, March 19th, 1864. )
To the General Assembly:
In my Message at the commencement of this present
Session, I submitted to you the question, whether the State
shall turn over all her active Militia between 17 and 5{)
years of age, to the Confederate Government, under the
late act of Congress, and thus leave herself without suffi¬
cient force to execute her own laws, anu suppress servile
insurrection if attempted. I think I also showed that it
will be impossible for our people to make a support for the
army, and the women and children at home for another
year if this is done.
Since your meeting, we are informed by the newspapers,
that orders have issued for the enrollment of all these men
into Confederate service, and that they be sent to a Camp
of Instruction, so that each must take his chance to get a de¬
tail from Richmond before he will be permitted to culti¬
vate his farm, or to attend to any other business at home.
The time will soon have arrived when under the new Con¬
scription act as published, all .who had not enrolled them¬
selves for service within the State, are subject to be enroll¬
ed and sent wherever the President chooses to direct.
These men have been legally enrolled under an act of this
General Assembly, for the service of the *State. In his let¬
ter to me of 29th May, 1862, the President admits the
right of the State to call forth her own Militia to execute
.her own laws,.suppress insurrection and repel invasion, and
to govern all lifer Militia not in the actual service of the Con-
SATURDAY, MARCH 19TH, 1864. 91
^ons^ution also by clear implication, authorizes
vaded 6 ^ *rooPs *n t*me war s0 *on8 as s^e *s *n"-
The light of the State therefore to enroll into her own
service, any of her Militia not in the actual service of the
Oontederacy, is too clear to be questioned and is indeed ad¬
mitted.
While there can be no question about the right of the
otate to keep all she has mustered into her service, she has
the power to turn them over to the Confederacy, and should
do so if she can in that way better promote our cause by
strengthening the army without failing to make the sup¬
plies of provisions necessary to prevent it from disbanding.
This is one of the most important measures upon which
you were convened, and the country has a right to expect
that you will not adjourn without taking action upon it.
The sovereignty and probably the existence of the State is
involved, while justice to those now enrolled into State ser¬
vice, who are claimed for Confederate service, requires that
they know as soon as possible what disposition is to be
made of them. Your action can settle this question either
way and avoid all conflict or collision. Having submitted
the question to your decision, I am prepared to abide by
your action when taken, whether in conformity to my own
views of sound policy, or not.
I am also informed that no final action has yet been taken
upon the question of the suspension of the writ of Habeas
Corptis, nor upon the important resolutions which have
passed the House on the subject of the terms upon which
peace should be sought, which lay dowrn the great princi¬
ples upon whieh we entered into this struggle, and insist
that it is the duty of the President after each signal victo¬
ry of pur arms to tender peace upon the principles upon
which we stood when we seceded from the Union.
No final action having been taken, upon these great ques¬
tions and I having been informed that the Geneial Assembly
is about to adjourn, I hereby notify you that unless these
questions can be acted upon to-day before your adjournment,
1 feel it my duty to require, as I hereby do, that the Gener¬
al Assembly convene in Extra feession at the Capitol in this
city on Monday the 21st instant at 10 o'clock, A. M.
- As I should deeply regret to have to detain members now
anxious to return home, nothing but a sense of duty could
prompt me to take this course,; and as each of these meas¬
ures can be disposed of by resolution, I trust you may yet
be &ble to act upon them to-day. ,
Assuring you of my wish to a-ct in concert and harmony
with you when in my power, I beg to renew my thanks for
V„,.v official courtesy and personal kindness during this ses-
y.our J JOSEPH E. BROWN.
sion^r
92
JOURNAL OF THE SENATE,
The following communication in writing from His Ex¬
cellency the Governor, was taken up and read and referred
to the committee on the Military.
EXECUTIVE DEPARTMENT, \
Milledgeville, Georgia, March 19th, 1SG4. }
To the Senate:
In response to your resolution, I state, that I have re¬
ceived from the Confederate Government no official or other
information of the passage .of the law in reference to the
exemption of State officers, and have no knowledge of the
passage of such a law, other than that derived by our peo¬
ple generally from the statements contained in the newspa¬
pers, and have therefore sent no certificate to the Govern¬
ment about the officers. So soon as I am invited by the
Government to specify the officers exempt, I will act prompt¬
ly in the matter.
The Supreme Court of this State having held that the
Confederate Government has no constitutional. powrer to
conscribe the officers of the State, I trust it may not be at¬
tempted. If it is, I shall do all in my power to prevent iti
and to maintain the supremacy of the Constitution over the
unauthorized orders of ahv and all military officers.
JOSEPH E. BROWN.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following bills of the Senate, to-wit :
A bill to repeal an act entitled an act to change the time
of holding the Inferior Court (for county purposes) of Wash¬
ington county, Georgia, from the first Tuesday to the first
Wednesday in each month, assented to April 17th, 1863.
Also, a bill to be entitled an act to amend an act entitled
an act to further provide for the suppression of unlawful
distillation of grain and-other commodities in this State, as¬
sented to Dec. 3d, 1S63.
Also, a bill to be entitled an act to authorize ttie Gover¬
nor to impress in certain cases the rolling stock of railroads,
either of this State or to be found in this State, not being
in use at the time of impressment, or . other conveyances,
for the purpose of transporting supplies and provisions pur¬
chased, or ordered to be purchased, under any law of this
State for the indigent families of soldiers, on paying just
compensation therefor.
%
Mr. Pottle offered the following resolution, which was
taken up and read :
The General Assembly do resolve, That the resolution ad-
SATURDAY, MARCH 19th, 1804. 93
journing the General Assembly at 12 o'clock be rescinded,
the Geiferal .Assembly do adiourn at 11 o'clock,
P. M. of this day.
agreeing to which, the yeas and nays were requir
ea to be lecorded, and were yeas 27 ; nays S.
Those who voted in the affirmative were Messrs.
n ^^er' -^enne^, Blackwell, Chambers, Ezzard, Gaulden,
G-rifhn, Groover, Hubbard, Johnson, Lloyd, Mabry, Mc-
Cutchen, McDonald, McRae, Pate, Pafford, Pottle, Price,
Ramsay, Reid, Simmons, Speer, Sprayberry, Walker, "Wal¬
ton, Whitaker.
1 hose who voted in the negative were Messrs.
Bacon, Barr, Guerry, Polk, Underwood, Wells, West*
White.
So the resolution was agreed to.
o
The following message was received from the House of
Represeittatives, by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following resolution, to-wit:
A resolution relative to the adjournment of. the General
Assembly, and I am directed to transmit the same to the
Senate forthwith.
Senate took up the following resolution of the House of
Representatives :
Resolved That the joint resolution of the General Assem¬
bly adjourning this session at 12 o'clock, M., this day, be
rescinded.
On motion, the same was indefinitely postponed.
Th«» fnl'owin0- message was received from the House of
Representatives" by Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have con-
curred in the following res0Jat;"1" ®te"ate't0_wit:
A resolution in reference to adjournment.
o , -.-u lir) the special order, which was a resolution
Senate too^ptaesp ^ ^ of ^ ^ ^
relative to the bU°Pe itate offered in lieu thereof_
habeas corpus, ana tr -
P(,njin„ the consideration of which, the Senate adjourn¬
ed until Si o'clock, P. M.
94 JOURNAL OF THE SENATE,
21 O'clock, P. M.
«
Senate met according to adjournment.
The following message was veceived from the House of
Representatives, through Mr. Carrington, their Clerk :
Mr. President:—The House of Representatives have pas¬
sed the following resolutions, which I am instructed to
transmit forthwith to the Senate :
Resolutions in reference to the re-enlistment of all the
Georgia regiments.
Also, a resolution construing a certain act of this Gener¬
al Assembly.
In both of which they ask the concurrence of the Senate. _
Mr. Bacon, from the Committee on Enrollment, reported
as duly enrolled and ready for the signature of the Presi¬
dent of the Senate and Speaker of the House of Represen¬
tatives, the following acts, to-wit:
An act to, amend an act entitled an act to further provide
for the suppression of unlawful distillation of grain and
other commodities in this State, assented to Dec. 3d, 1863.
Also, an act to repeal an act entitled an act to change the
time of holding the Inferior Court (for county purposes) of
Washington county, from the first Tuesday to the first
Wednesday in each month, assented to April 17, 1863.
Also, an act to authorize the Governor to impress in cer¬
tain cases the rolling stock of railroads, either of this State,
or to be found in this State, not being in use at the time of
said impressment, or other conveyances, for the purpose of
transporting supplies and provisions purchased or ordered to
be purchased under any law of this State for theMndigent
families of soldiers, on paying just compensation.
Senate resumed the consideration of the unfinished busi¬
ness of. the morning, which toas a substitute for the resolu¬
tion suspending the privilege of the writ of habeas corptls.
Upon agreeing to which, the yeas and nays were requir¬
ed to be recorded, and were yeas ] 2 ; nays 23.
Those who voted in the affirmative were Messrs.
Bacon, Chambers, Guerry, Johnson, Lloyd, McCutchen,
Price, Ramsay, Speer, Wells, West, White.
Those who voted in the negative were Messrs.
Anthony, Baker, Barr, Bennett, Black well, Ezzard, Gaul-
den, Griffin, Groover, Hammond, Hubbard, Mabry, McDon¬
ald, McRae, Pate, Pafford, Polk, Pottle, Simmons, Under¬
wood, Walker, "Walton, Whitaker.
So the substitute was disagreed! to. \
SATURDAY, MARCH 19th, 1864. 95
Ml*. Ramsay moved to indefinitely postpone the original
resolutions and substitute.
Upon agreeing to which, the yeas and nays were required
to be recorded, and were yeas 14 ; nays 22.
I hose who voted in the affirmative were Messrs.
Bacon, Chambers, Guerry, Hammond, Johnson, Lloyd,
McCutchen, Polk, Price, Ramsdy, Speer, Wells, West,
White.
Those who voted in the negative were Messrs.
Anthony, Baker, Barr, Bennett, Blackwell, Ezzard, Gaul-
den, Griffin, Groover, Hubbard, Mabry, McDonald, McRae,
Pate, Pafford, Pottle, Simmons, Sprayberry, Underwood,
Walker, Walton, Whitaker.
So the motion to indefinitely postpone did not prevail.
Mr. Walker offered a substitute in lieu of the original
resolutions and substitute.
Mr. Bacon moved to adjourn until 7^ o'clock, P. M.
Upon agreeing to which, the yeas and nays were required
to be recorded, and were yeas 14; nays IS.
Those who voted in the affirmative were Messrs.
Anthony, Bacon, Chambers, Groover, Guerry, Johnson,
Lloyd, Mabry, McCutchen, Price, Ramsay, Speer, Spray-
berry, Wells, West.
Those who voted in the negative were Messrs. .
Baker, Barr, Bennett, Blackwell, Ezzard, Gaulden, Grif¬
fin* McDonald, McRae, Pate, Pafford, Polk, Pottle, Sim¬
mons, Underwood, Walker, Walfcjn, Whitaker, White.
So the motion was lost.
The following message was received from the House of
Representatives^ by Mr! Carrington, their Clerk :
If,. Vrmtbnt —The House of Representatives have con-
enrredin the following resolution of the Senate, which I
am instructed to transmit forthwith >.0 the Senate :
A resolution in relation to the military act of Congress.
' Also resolutions on the suspension ol tlie habeas corpus.
Leave of absence was granted Messrs. White. and Polk
after 7 o'clock, P. M-, for the balance of the session.
Senate took up a -"es of resolutions relative to the sus¬
pension of the wi lt o ,a€ , r
Mr. Bacon moved that the Senate adjourn until seven
■rfclock,P. M.
96 JOURNAL OF THE SENATE,]
On agreeing to which, the yeas and nays were required
to be recorded, and were yeas 15; nays 18.
Those who voted in the affirmative were Messrs.
Anthony,' Bacon, Chambers, Groover, Guerry, Johnson,
Lloyd, McCutchen, McDonald, Price, Ramsay, Speer, Spray-
berry, Wells, West.
Those who voted in the negative were Messrs.
Baker, Barr, Bennett, Blackwell, Ezzard, Gaulden, Grif¬
fin, Hammond, Hubbard, Mcltae, Pate, Pafford, Polk, Pot¬
tle, Simmons, Underwood, Walton, Whitaker, White.
So the motion to adjourn was lost.
On motion of Mr. Walker, leave was granted him to
withdraw the resolutions offered by him as a substitute for
the original resolutions relative to the suspension of the
writ of habcat; corvus.
On motion,' the Senate adjourned until 7£ o'clock, P. M.
7 1-2 0clock, P. M.
The Senate met according to adjournment.
The Senate took up as the report of the committee of
the whole, the following bill of the House of Representa¬
tives : •
A bill to allow persons to administer upon property ir\
the county to which it has been moved for security from
the enemy.
The report was agreed to, the bill was read the third
time and passed.
Mr. Gaulden, moved to suspend the rule to take up a
resolution of the House of Representatives, relative to the
suspension of the writ of Habeas Corpus.
Mr. Gaulden, moved the previous question, upon second¬
ing which the yeas and nays were recorded, and were yeas
22, nays 13*.
Those who voted in the affirmative were Messrs.
Anthony, Baker, Barr, Bennett, Blackwell, Ezzard, Gaul¬
den, Griffin, Groover, Hubbard, McDonald, McRae, Pate,
Paftord, Pottle, Simmons, Sprayberry, Underwood, Walton,
Whitaker.
Those who voted in the negative were Messrs.
Bacon, Chambers, Guerry, Johnson, Lloyd, Mabry, Mc¬
Cutchen, Price, Ramsay, Speer, Walker, Wells, West.
So the call, for the previous question was seconded.
SATURDAY, MARCH 19th, 1864. 97
The "rnam question was then ordered to be put, which
vas, "shall the rule be suspended ?"
pon agi eeing to which the yeas and nays were required
to be recorded, and were yeas 22; nays 12.
Those who yoted in the affirmative wrere Messrs.
Anthony, Baker, Barr, Bennett, Blackwell, Ezzard,
Gaulden, Griffin, Groover, Hammond, Hubbard, McDonald,
Mcltae, Pate, Pafford, Pottle, Simmons, Sprayberry, Un¬
derwood, Walker, Walton, Whitaker.
Those who voted in the negative were Messrs.
Bacon, Chambers, Guerry, Johnson, Lloyd, Mabry, Mc-
Gutchen, Price, Ramsay, Speer, Wells, West.
There not being a vote of two thirds in the affirmative;
the President decided that the motion was lost.
Mr. Gauklen, took an appeal from the decision of the
Chair.
The Senate sustained the decision and the decision of the
Chair was ordered to stand as the Judgement of the Sen¬
ate.
The following message was received from the House of
Representatives by Mr. Oarrington, their Clerk.
Mr. Pi •csident.—The House of Representatives have adop¬
ted the following resolutions, in which they ask the con¬
currence of the Senate, to-wit :
A Resolution expressive of the confidence of this Gen¬
eral Assembfy in the integrity and, patriotism of President
Davis.
Also resolutions requesting the Governor to employ
counsel and pay them such fees as he may think proper in
the prosecution of parsons for unlawful distillation.
Mr. Bacon from the Committee on Enrollment, reported
as duly enrolled and ready for the signature of the Presi¬
dent of the Senate and Speaker of the House of Represen¬
tatives, the following resolution . .
A resolution in relation to the recent military act of
Congress.
Mr Gaulden moved to take up a resolution of the House
of Representatives, relative to the suspension of the writ
■0fThePrerident decided the motion out of order until the
rule was first suspended, from which decision Mr. Pottle
V k In anneal • upon the question shall the decision of the
'Chair stanci as the judgement of the Senate, the yeas and
-nays were recorded, and were yeas 15 ; nays 18.
Those who voted in the affirmative were.Messrs.
,c<
7
BiJCOn, Chambers, Cone, Hammond, Johnson, Lloyd,
98 JOURNAL OF THE SENATE,
Mabry, McCutchen, Price Ramsay, Speer, Walker, Walton,
Wells, West.
Those who voted in the negative were Messrs.
Anthony, Baker. Barr, Bennett, Blackwell, Ezzard, Gaul-
den, Griffin, Hubbard, McDonald, McRae, Pate, Pafford,
Pottle, Simmons, Sprayberry, Undewood, Whitaker.
So the decision of the Chair was reversed.
The Senate took up the resolutions of the House of Repre¬
sentatives relative to the suspension of the privilege of the
writ of Habeas Corpus. •
Mr. Gaulden moved the previous question.
Upon feeconding which the yeas and nays were required to
be recorded, and were yeas 19 ; nays 15.
*
Those who voted in the affirmative were Messrs.
Anthony, Baker, Barr, Bennett, Blackwell, Ezzard, Gaul¬
den, Griffin, Hubbard, McDonald, McRae, Pate, Pafford,
Pottle, Simmons, Sprayberry, Underwood, Walton, Whita¬
ker,
Those who voted in the negative were Messrs.
Bacon, Chambers, Cone, Guerry, Hammond, Johnson,
Lloyd, Mabry, McCutchen, Price, Ramsay, Speer, Walker,
Wells, West.
So the call for the previous question was seconded.
The main question was then put which was, "shall the
resolutions be concurred in ?"
Upon agreeing to which the yeas and nays were required
to be recorded and were yeas 20 ; nays 12.
Those who voted in the affirmative were Messrs.
Anthony, Baker, Barr, Bennett, Blackwell, Ezzard,
Gaulden, Griffin, Groover, Hammond, Hubbard, McDonald,
McRae, Pate, Pafford, Pottle, Simmons, Underwood, Wal¬
ton, Whitaker. »
Those who voted in the negative were Messrs.
Bacon, Chambers, Cone, Guerry, Johnson; Lloyd, Mc¬
Cutchen, Price, Ramsay, Speer, Wells, West.
So the resolutions were concurrM in.
Mr. Bacon, Chairman of the committee on Enrollment,
reports as duly enrolled and ready for the signature of the
Speaker of the House of Representatives and President oi
the Senate, the following acts, to-wit:
An act to encourage the organization of a Navy.
SATURDAY, MARCH 19th, 1864. 99
Also an act to allow persons to administer upon property
in the county to which it has been moved for security from
the enem)'-.
Mr. Lloyd asked leave to have the following protest en¬
tered on the Journals, which was agreed to.
The undersigned Senators of the State of Georgia, hav¬
ing full confidence in the President and Congress of the
Confederate States, and believing that the act suspending
the writ of Habeas Corpus would not have been asked for
by the President, or granted by Congress, except for good
and sufficient reasons, and the resolutions passed by the
Senate \yith reference to the act suspending the writ of
Habeas Corpus enunciating principles to which we cannot
subscribe, and being inexpedient and likely to produce dis¬
cord and dissention amongst the people of the Confederacy
in this our hour of danger and trials, do earnestly protest
against the passage ot said resolutions and request this
their protest be entered upon the Journals of the Senate.
THOS. E. LLOYD, FRED. H. WEST,
ALEX. M. SPEER, T. L. GUSRRY,
J. N. RAMSAY, T. F. WELLS,
C. D.' McCUTCHEN, J AS. M. CHAMBERS,
H. F. PRICE, J- H. JOHNSON.
ROBT. J. BACON,
The Senate took up a resolution of the House of Repre¬
sentatives expressive of the confidence of this General As¬
sembly in the integrity and patriotism of President Davis.'
Upon the motion to concur in the same, the yeas and
liays were recorded and were yeas 35 ; nays 0.
Anthony Bacon, Baker, Barr, Bennett, Blackwell,
^ i Pone Ezzard, Gaulden, Griffin, Groover, Guerry,
S " ond Hubbard, Johnson, Lloyd, Mabry, McCutcben,
Hammond, HuoMr^ p /
SmrnX sSTP"^'7' DnderW°0d'Wa,kef' VValt0i,•
Wells, West, Whitaker.
So the resolution was unanimously concurred in.
r< iid and concurred in a resolution of the
oX.es-ta?^'erUeSting thC G°VCTn0r t0 em"
ploy counsel * a resolution of the House of Repre-
: The Sena e the re-enlistment of the Georgia
sen^tives m relerenc
KRegii»ent,s; ,, same was concurred in.
1 She Senate took up and concurred in a resolution of the
A" f Rprj^esentatives, construing a certain act of this
200 JOURNAL OF THE SENATE,
V
The Senate took up a resolution of the House of Rep¬
resentatives, declaring the ground on which the Confede¬
rate States stand in this war, and the terms on which
peace ought to be offered to the enemy. .
Mr. Gueri'3% moved that the same be referred to the
committee on Confederate relations, which was lost.
Mr. Gaulden moved to concur in the same, and moved
the previous question, which was seconded, and the main
question was ordered to be put.
Upon the question "shall the resolution be concurred
in?" the yeas and nays were required to be recorded, and
were yeas 19 ; nays 12.
Those who voted in the affirmative were Messrs.
Barr, Bennett, BlackweJ], Ezzard, Gaulden, Griffin,
Groover, Hammond, Hubbard, McDonald, McRae, Pafibrd,
Pottle, Simmons, Sprayberry, Underwood, Walker, Wal¬
ton, Whitakei.
Those who voted in the negative were Messrs.
Bacon, Chambers, Cone, Guerry, Johnson, Lloyd, Wabry,
Pate, Ramsay, Speer, Wells, West.
So the resolution wras concurred in.
The Senate took up as the report of the committee of-
the whole, the following bill of the House of Representa¬
tives:
A bill to repeal an act entitled an act to amend the
charter of the Macon and Western Rail Road, assented to
December 14th 1863.
Mr. Speer, moved that the same lie on the table for the
present, which was agreed to.
The following message was received from the House of
Representatives, by Mr. Carrington, their Clerk. • .
Mr. President.—The House of Representatives have ap¬
pointed Messrs. Gartrell, Jones of Newton, and Gue of
Chatham, a committee to join a similar committee on part
•of the Senate, to wait on His Excellency the Governor, and
notify him that both branches of the General Assembly are
now ready to adjourn, and to ascertain if he has further
communication to the General Assembly.
Mr. Ramsay, moved that a committee of three on the
part of the Senate be appointed to join a similar commit-
teflon- the part of the House, and inform His Excellency
that both branches of the General Assembly are now ready
to adjouru, and ascertain if he has any further communi¬
cation to make.
The President appointed Messrs Ramsay, Whitaker and
Barr, as sutfh committee on the part of the Senate.
SATURDAY, MARCH 19th, 1SG4.
101
Seriate took up a bill of the House of Representatives, to
repeal an act eniitltd an act to amend the charter of the
Macon and Western Rail Road, assented to Dec'r 14th,
• i f-i
Mr. Speer moved to amend the report by offering the io,-
lowing as a substitute, in lien of the original bill:
A bill to amend ?n act entitled an act to amend the char¬
ter of the Macon and Western Rail Road Company, assent¬
ed to Dec'r 14th, 1SG3. .
Upon agreeing to which the yeas and nays were require
to be recorded, and were yeas IS, nays 14.
Those who voted in the affirmative were Messrs :
Bacon, Bennett, Blackwell, Chambers, Guerry, Johnson,
Lloyd, Mabry, McDonald, Pate, Pottle, Ramsay, Speer,
Walker, Walton, Wells, West, Whitaker.
Those who voted in the negative were Messrs.
Barr, Ezzard, Gaulden, Griffin, Groover, Hammond, Hub¬
bard, McCutchen, McRae, Puftbrd, Price, Simmons, Spray-
berry, Underwood.
Yeas 3 3 ; Nays 14. So the amendment was agreed to.
Senate took up as the report of the committee of the
whole, the following bill of tbe House of Representatives :
A bill to exempt certain persons from service in the Mili¬
tia of the State of Georgia.
The"report was agreed to.
The bill was read the third time and passed.
Mr Bacon Chairman of the committee on Enrollment,
reports as duly enrolled and ready for the signature of the
President of the Senate, and Speaker of the House of Rep¬
resentatives, the following resolutions, to-w.t:
Resolutions declaring the ground on which the Confede¬
rate States stand in this War, and the terms on which peace
n.ifrhr to be offered to the enemy.
^so, Kesolutions on^t^suspensio^of the^7W«as
General IsfemMy, in the integrity and patriotism of Presi-
denfc Davis. tjon requesting the Governor to employ
Also, a J es° , such fees as he may think proper, in
counsel and pay sons for unlawful distillation,
the Pros?cu to the re-enlistment of all the Georgia
^[so, id reference w o
Resolution construing a certain act of this Gener-
al Assembly.
102
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 have con¬
curred in the amendment of the Senate to the bill of the
House of Representatives to be entitled an act to repeal an
act entitled an act to amend the charter of the Macon find
Western Rail Road, assented to Dec'r 14, 1S63.
I am also instructed to inform the Senate, that the House
of Representatives is now ready to adjourn sine die.
Senate took up as the report of the Committee of the
whole, the following bill of tha House of Representatives:
A bill for the relief of the citizens of Habersham county,,
and for other purposes.
The committee on the Judiciary offered a substitute in
lieu of the original bill, which was agreed to.
The report as amended was agreed to.
The bill was read the third time and passed.
Mr. Pottle offered the following resolution, which was
taken up read and agreed to :
Resolved, That the thanks of the Senate are hereby ten¬
dered to the Hon. Peter Cone, President pro tern for the able
and impartial manner which he discharged the duties of his
office, during the extra Session of the General Assembly.
Mr. Bacon, Chairman of the Enrolling committee of the
Senate, reports as duly enrolled and signed by the Speaker
of the House, and ready for the signature of the President
of the Senate, the following act, to-wi't:
An act to repeal an act entitled an act to amend the char¬
ter of the Macon & Western Rail Road, assented to Dec'r
14th, 1863.
Mr. Gaulden offered the following Resolution, which was
taken up read and agreed to :
Resolved, That the General Assembly rescind the resolu¬
tion to adjourn at 11 o'clock, and that the time of adjourn¬
ment be extended to H*} o'clock.
The following Message was received from the House of
Representatives, by Mr. Carrington their Clerk :
Mr. President:—The House of Representatives concurs in
the Resolution of the Senate, prolonging the present Ses¬
sion, with an amendment, in which they ask the concurrence
of the Senate. .
Senate took up a resolution relative to the hour of ad¬
journment, which had been amended in the House of Rep¬
resentatives.
On motion the same was concurred in.
SATURDAY, MARCH 19TH, 1864. 103
Senate took up as the report of the committee of the
^ hole, the following bill of the House of Representatives:
A bill to require Hail Road companies of this State, as
well as the Wesrern & Atlantic Rail Road, to keep water
a ^lights in the cars for passengers, on their respective
The report was agreed to.
The bill was read the third time and passed.
Mr. Blackwell offered the following resolution, which
was taken up read and agreed to :
Resolved, That the thanks of the Senate are hereby ten¬
dered to L. H. Kenan, Secretary of the Senate, and Cary W.
Styles, Assistant Secretary, for the prompt and efficient
discharge of their duties, during the present Session, and
to Thos. W. J. Hill, Journalizing Clerk, and to J. M. Walk¬
er, Enrolling Clerk.
Mr. Hubbard offered the following resolution, which wras
taken up read and agreed to :
Resolved, That the thanks of the Senate are hereby ter-
dered to the Rev. C. A. Fulwood, who has acted as Chaplain
for this body during this Session.
Mr. Blackwell offered the following resolution,-which was
taken up read and agreed to :
Resolved, That the thanks of the Senate are hereby ten¬
dered to Augustus Simmons, Messenger, and W. H. Roberts,
Door-Keeper, of the Senate, for the faithful- discharge of the
duties of their respective positions, during this extra Ses¬
sion.
The follow in"- Message was received from the House of
Representatives, by Mr. Carriogton their Clerk :
Mr President:—The House of Representatives have con¬
curred in the amendment of the Ssnate to the bill of the
House of Representatives, entitled an .act for the relief of
Habersham county; and all other counties in this State alike
destitute, and for other purposes.
,r -p nMirman of the committee on Enrollment,
enrol e.i and signed by tbo Speaker of the
Kp°rted as duly enn> for ^ ^ ^^
House of Reprcseniai ^ lollowing aots? to_wit:
President o i ptfrom taxation cotton and other proper-
An act; to . Qonfederate Government, in this State.
^ act to exempt certain persons from service in the Mi¬
litia of the ]egalize the funding the present issue of
f derate Treasury^Notes, by Administrators, Guardians,
Executors and Trustees.
JOURNAL OF THE SENATE,
Mr. Bacon, Chairman of the Enrolling committee of the
Seriate, reports as duly enrolled,'signed by the Speaker of
the Ho-use, and ready for the signature of the President of
the Senate, the following acts, to-wit:
An act to exempt certain persons from service in the Mi¬
litia of the State of Georgia,
Also, an act to require Railroad companies of this State,
as well as the Western & Atlantic Railroad, to keep water
and lights in the cars for passengers, on their respective
trains.
Also, an act for the relief of Habershem county, and oth¬
ers in this State alike destitute, and for other purposes.
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 the House of Represen¬
tatives is now ready to adjourn sine die.
Mr West moved that Messrs. Mabry, Ramsay and Wells,
be appointed a committee to bring up the unfinished busi¬
ness, and that three days pay be allowed them for the same.
On motion the Senate adjourned sine die.
INDEX.
ABSENCE.
Leave of, granted to,
L. H. Kenan, Esq., Sec'y of Senate, 4
Augustus Simmons, Messenger, 4
Mr. Mabry, ° 51
Committee on Finance, 53
Mr. Adams, 54.
Mr. Pate, 54
Committee on Confederate Relations, 55
Mr. Sprayberry, 65
Mf. McCuteheon, 75
Mr. Reid, 75
Mr. White, 95
Mr. Polk, 95
ADJOURNMENT.
51 52 53 5G 57 60 65 66
71 74 77 SI 85 86 93 96
Resolution relative to, sine die, 54 57 93 102
Adjourned sine die, 104
ADMINISTRATORS, EXECUTORS, GUARDIANS, &c.,
Repeal laws authorizing, to invest in Confed¬
erate bonds, 55 57
Bill to authorize to invest in 4 per ct. bonds, 62 68
76 80
Legalize funding of Confederate Treasury notes
' by, 77 86 87
Allow persons to administer upon property in
the county to which it has been moved, 7S 85 87 96
To indemnity against loss in the depreciation of
the currency, SI 86 88
APPROPRIATIONS.
Common school fund of Wilcox Co., 71 77 83
Bill supplemental to act of Dec. 14,1S63, 73 76 81 82
APPENDIX.
To Governor's Message, 46
BONDS. ^ ox- . . „
Authorize Admrs., Exrs., &c., to invest m Con¬
federate 4 per cent ^ 62 68 76 80
See "Admrs., Exrs., &c.1t
CITIES AND TOWNS.
Incorporate Fort Gaines, 62 68 75
106
INDEX.
CODE.
Repeal a portion of 146th Sec., 55 57 61
Amend 1670th section, • 65
Repeal 181st and 194th sections, 66 68 79 80
COTTON.
Planting of, (Gov's message.) * 7
Exempt from taxation, owned by C. S. Govern¬
ment, 73 77 84 88
COMMITTEES.
To wait on Governor, 4 100
Select, on transportation of corn to soldiers' fam¬
ilies, 52
Select, on relief fund for soldiers' familes, 53
To invite Hon. Howell Cobb to a seat on the
floor, 53
To invite Hon. L. Q. C. Lamar to a seat on the
floor, 57
To invite Hon. A. IL Steph'ens to a seat on the
.. floor, 60
To bring up unfinished business, 104
COUNTY OFFICERS.
Extendthe timefor filing theirbonds, &c., 60 70 71 74 84
Authorize to fund public money, &c., 78 85 87
COUNTY TREASURERS.
To exempt from military duty, 77 86 88
COURTESIES OF SENATE.
Extended to—
Hon. L. Q. C. Lamar, 57
Maj. Gen. Howell Cobb, , 53
Hen. A. H. Stephens, Vice President, t 60
COURTS.
Supreme-—
Rsquire Reporter to publish decisions in pamph¬
let lorm, 73 77 S3
Inferior—
Change the time of holding in Washington, 54 56 -60
CURRENCY.
Late action of Congress on the (Gov's message,) 9
Amend act relative to issuing State Treasury
Notes, y 59 61 76
Res. authorizing Gov. to fund all Confederate
Treasury Notes in State Treasury, 7 0
Indemnify Adm'rs, Ex'rs, &c., against loss by
depreciation ot the « 81 86 88
DEEDS.
Admit copies of, in evidence when the origin¬
als are in the United States, 62 68 75
index.
107
desertion.
By removal within the enemy's line, (Gov's
message,) 9
distillation.
Illegal, (Gov's. Message.) 7
Refeired to the committee on the Judiciary, 52
Amend act to further provide for the suppres-
-^TTT^^ion of "lawful, 65 68 76
DIVORCES.
Bill to grant, &c., 54 56 64 65.
EDUCATION.
Common School fund of Wilcox co., 71 77 83
ELECTIONS.
C. W. Styles elected Secretary pro tem, 4
Jackson Edwards elected Messenger, 4
ESTATES
Of orphans, (Gov's. Message,) 12
Of orphans, referred to Judiciary committee, 52
EVIDENCE.
Admit copies of deeds and other instruments
in evidence when the originals are in the
U. S., 62 6S 75
GENERAL ASSEMBLY.
Proclamation of Governor convening the, 3
Furloughs for members of the, refused, (Gov's.
message,) 13
GOVERNOR.
Message from, 5
Appendix to message of, 46
Message from, relative to—
Solicitor General of Western Circuit, 55
Importing Cotton Cards. 60
The militia and Conscription, 90
Officers of the State exempt from conscription, 92
GUARDIANS. „
See "Administrators, Executors, &c.
HABEAS CORPUS.
Suspension of the, (Gov's. Message,) 18
English Habeas Corpus Bill,
Res. on the suspension of the, (by Mr. West,) 58
Kes. submitted by the Judic.ary committee, 62 S6
Res. submitted by Mr. Pott e, 68
Res. submitted by Mr. &a»lden, 74
Minority report relative to, .
Report of Judiciary committee on resolutions
relative to the,
Resolutions on the,
House res. ®n the. • 1x. 96 97 98
protest against the passage of resolutions rela¬
tive to the, 9!)
108
INDEX.
HOUSE OF REPRESENTATIVES.
Message from, 4 53 55 59 61 64 66 67 71 72
73 74 76 77 SO 82 87 92 93 94 95
97 100 102 103 104
INCORPORATIONS.
Town of Fort Gaines, 62 6S 75
Ocmulgee River R. R. Co., 65 6S 74
Columbia and Augusta R. R. Co., 66 6S
Merchants Insurance Co., 70 76 S2
IMPRESSMENT.
Of provisions (Gov's message,) 8
Referred to the Judiciary committee, 52
Report of Judiciary committee, 62
Res. authorizing Gov. to impress copper
stills, , 77 83
KENAN, L. H.
Leave of absence granted to, 4
Thanks to, 103
LAMAR, HON. L. Q. C.
Inrited to a seat on the floor, 57
MESSAGES.
From House, see " House of Representatives".
From Governor, see "Governor."
MESSENGER.
Leave of absence granted Augustus Simmons, 4
Jackson Edwards elected Messenger pro tem, 4
Thanks to, p 103
MILITARY.
New militia organization and conscription (Gov.'s
message), 13
Exempt certain persons from service in the mi¬
litia, • 66 67 88 101
Res. relative to enrolling officers, 70 SS
Amend act to reorganize the militia, . 71 77 84
Res. in reference to the Militia troops of Ga., 73 8S
Exempt County Treasurers from militia duty, 77
86 88
Res. relative to battle flags of the 10th and 50th
Ga. Regiments, * SO
Message of Gov. rel. to Militia iand Conscription, 90
Res. calling on Gov. for information rel. to offi¬
cers of the State exempt from Conscription, 82
Message of Gov. rel. to State officers exempt from
Conscription, 92
NAVY.
Bill to encourage the organization of a, 6S 76 78 85
87 90
INDEX.
109
OATH OF TAX-PAYERS.
See " Tax-Payers".
ORGANIZATION.
Hon. Peter Cone, President pro tan, 3
Proclamation of Gov. convening-the General
Assembly, 3
C. W. Styles elected Secretary pro tern, 4
Committee to inform Gov. of organization, 4
PRESIDENT OF SENATE.
Hon. Peter Cone, President -pro I cm, 3
Thanks to, 102
PRINTING.
Ordered.
Rules of Senate, 4
Governor's message, 51
Resolutions of Judiciary Committee on the ha¬
beas corpus, (54
Resolutions on the habeas corpus, by Mr. P©ttle, 63
" " " " " " " Walker, 78
Habeas Corpus, Currency and Military Bills, 53
PROCLAMATION.
Convening the General Assembly, 3
PROTEST.
Against the passage of resolutions on the sus¬
pension of the Habeas Corpus, 99
PUBLIC LAWS.
Resolution relative to the publication of, 56 62 67
RAIL-ROADS.
Authorize the Gov. to take possession of, &c, 54 56
64 65 66
Incorporate Ocmulgee River R. R. 65 68 74
Incorporate Augusta & Columbia R. R., 66 6S 75
Res. authorizing Gov. to impress rolling stock
of, in certain oases, 70
Repeal act to amend charter of Maco'n & Wes¬
tern R. R., 77 86 100 101
Require R. R. Co's to keep water and lights
in cars for passengers, 78 56 103
RELIEF. r t
Amend act for relief of the people oi certain
counties, 53 54
Tax Receivers and Collectors, 66 68
Citizens of Habersham, 73 77 84 S8 102
For the relief of Trustees, 77 85 87
RESOLUTIONS.
Granting leave of absence td Secretary of Senate, 4
« a << " 11 Messenger " 4
Referring Gov's Message to appropriate commit¬
tees, 52
110
INDEX.
RESOLUTIONS.—Contivved.
Inviting Editors and Reporters to seats on the
floor, 52
Referring Gov's Message on relief fund for Sol¬
diers families-to a select committee, 53
Approving course of Gov. in purchasing wagons
and teams, to transport corn for Soldiers fam¬
ilies. 53 54
To print, habeas corpus, Currency, and Military
bills. 53
Relative to mail routes, 53 65 70
Inviting Hon. Howell Cobb to a seat oil the floor, 53
Relative to adjournment sine die, 54 57 92
Authorizing the Secretary to buy stationery, 55
Relative to the publication of the public laws,56 62 67
Inviting Hon. L. Q. C. Lamar to a seat on the floor, 57
On the suspension of the habeas co?pus,(by Mr. West) 58
Inviting Hon. A. H. Stephens to a seat on the floor, 60
Relative to the issue of State Treasury Notes, 62
On the habeas corpus (by Judiciary Committee) 62 86
Authorizing citizens to purchase corn in certain
cases, &c., 65 70
Suspending a rule of the Senate, 67
On the habeas corpus, (by Mr. Pottle) 68
Authorizing Gov. to fund in Confederate bonds
all Confederate Treasury Notes in the State
Treasury, 70
' Requesting Governor to furnish Members of the
Legislature with Acts and Journals, 70
Relative to Enrolling officers, 70 88
Authorizing Gov. to take possession of surplus
engines and II. R. cars, . 70
Authorizing Gov. to appoint an agent to take
charge of relief fund for Soldiers families un¬
der certain circumstances, 72
In reference to the Militia troops of Ga, 73 88
" " " " present war, 73
Rel. to Tax fifa vs. H. P. Livingston, &c.v 74
On the habeas corpus (by Mr. Gaulden) 74
Authorizing Gov. to impress copper stills, 77 88
On habeas corpus (by Mr. Walker) 78
Relative to transportation, 79
" "the habeas corpus, 79 93 94
" " certain battle flags, 80
Rel. to officers of the State necessary for the
proper administration of the government. 82
House Resolutions on the habeas corpus, 96 97 98
Expressing confidence in President Davis, &c,, 99
Requesting Governor to employ counsel ia cer¬
tain cases, 99
INDEX. *111
RESOLUTIONS.—Continued.
Compliments to our gallant Soldiers, who have
re-enlisted, . 99
Construing a certain act of the General Assembly, 99
Relative to the terms on which peace should be
sought, 100
Thanks to Hon. Peter Cone, President yro tem, 102
To prolong the Session, 102
Thanks to Secretary of Senate and assistants, 103
" " Messenger and Door-Keeper, 103
SECRETARY OF SENATE.
Leave of absence granted to L. II. Kenan, Esq.', 4
C. W. Styles elected Sec'y pro tem., 4
Thanks to, 103'
SOLDIERS FAMILIES.
Transportation of corn to indigent, (Gov's Mes¬
sage) 5
Relief fund for, (Gov's Message) 0
Committee on transportation of corn, 52
" " relief fund for, 53 72
Res. approving action of Gov. in purchasing wa¬
gons and teams for the transportation of corn, 53 54
Res. authorizing Gov. to appoint an agent to
take charge of relief fund under certain cir¬
cumstances, 72
Bill to authorize the appointment of county com¬
missioners. in certain cases, . 74 77 S4 S7
SLAVES.
Escaping to the enemy (Gov.'s message), S
TAXES.
Amend the several Tax Laws of this State, 52 54 59
71 76 81 82
Exempt from taxation cotton and other property
owned bv C. S. Government, /3 77 84 S3
Res. rel, to Tax fifa vs. B. P. Livingston, 74
TAX RECEIVERS & COLLECTORS.
Bill to reduce the Bonds of, 55 57 61
For the relief of, of certain counties, 66 68 75
TAX PAYERS.
Repeal act of Dec. 14th, 1863, prescribing an
oath for, 52 54 59
TRANSPORTATION.
Of corn to indigent solaiers families (Gov.'s
message), ^
Committee on same, . 52
Resolution reported by committee, 53 54
Resolution relative to, , 79
TREASURY NOTES.
• Amend act of Dec. 12, 1S63, relative to issue of
State, 59 61 76
Res. prescribing the form of the issue of State, 62
TRUSTEES.
Bill for the relief of, 77 85 S7
UNFINISHED BUSINESS.
.. -Committee to bring up, 104
WAR.
The causes of the war, &c., (Gov.'s message) 24
JIow peace should be sought. (Gov's Message) 42
Resolutions relative to the present, 72
declaring the terms on which peace
ought to be offered to the enemy, 100
YEAS & NAYS.
On bill to authorize the Gov. to take possession of
Railroads, &c., 66
Bill to incorporate the Ocmulgee River R. R.. 74
" " " Columbia & Augusta K.
R. Co., " 75
Bill to amend the several tax laws of this State, 82
Bill supplemental to act of Dec. 14th, 1863, to
provide a revenue.for 1864, &c.f * 83
Res. rel. to the militia troops of Ga., 89
On extending the session, 93
Res. on the habeas corpus, 94 95 96 97 98
On adjournment, 95 96
On motiopfto suspend the rules, 96 97
On resolutions expressive of confidence in Pres-
dent Davis, 99
On res. declaring the terms on which peace
ought to be offered to the enemy, 100
On bill to amend charter of Macon & Western
R. R. Co., 101