Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

• English

LC Subject Headings:

• Legislation -- Georgia.
• Legislative journals -- Georgia.
• Georgia -- Politics and government -- 1861-1865.
• Georgia -- History -- Civil War, 1861-1865 -- Law and legislation.

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JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA, AT THE ANNUAL SESSION
OF THE
GENERAL ASSEMBLY, BEGUN AND HELD IN MILLEDGEVILLE, THE SEAT OF GOVERNMENT,
IN
1861.

BOUGHTON, NISBET & BARNES, STATE PRINTERS.
MILLEDGEVILLE, GA.
1861.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA.

WEDNESDAY, NOVEMBER 6, 1861.

        At a session of the General Assembly of Georgia, begun and holden at the State House, in the City of Milledgeville, in the County of Baldwin, on the sixth day of November, in the year of our Lord eighteen hundred and sixty-one, on motion of Mr. Furlow, from the thirteenth Senatorial District, Mr. Moseley, from the twenty-sixth Senatorial District, was called to the Chair, for the purpose of organization. The Secretary proceeded to call the roll, and the following Senators elect, from the several Districts hereafter mentioned, produced their credentials, and having taken the oath prescribed by the Constitution of this State, and to support the Constitution of the Confederate States of America, before the Hon. Edmund H. Worrill, one of the Judges of the Superior Courts of this State, took their seats, to-wit:

        From the first Senatorial District, the Hon. George A. Gordon.

        From the second Senatorial District, the Hon. C. F. Fletcher.

        From the third Senatorial District, the Hon. H. R. Fort.

        From the fourth Senatorial District, the Hon. John M. King.

        From the fifth Senatorial District, the Hon. Thomas Hilliard.

        From the sixth Senatorial District, the Hon. T. B. Griffin.

        From the seventh Senatorial District, the Hon. J. L. Seward.

        From the eighth Senatorial District, the Hon. T. A. Swearengen.

        From the ninth Senatorial District, the Hon. S. S. Stafford.

        From the tenth Senatorial District, the Hon. D. A. Vason.

        From the eleventh Senatorial District, the Hon. O. P. Anthony.

        From the twelfth Senatorial District, the Hon. James Hilliard.

        From the thirteenth Senatorial District, the Hon. T. M. Furlow.

        From the fourteenth Senatorial District, the Hon. D. J. Bothwell.

        From the fifteenth Senatorial District, the Hon. John McRae.

        From the sixteenth Senatorial District, the Hon. John B. Wright.

        From the seventeenth Senatorial District, the Hon. J. T. Shewmake.

        From the eighteenth Senatorial District, the Hon. William Gibson.

        From the nineteenth Senatorial District, the Hon. Miles W. Lewis.

        From the twentieth Senatorial District, the Hon. B. T. Harris.

        From the twenty-first Senatorial District, the Hon. D. N. Smith.

        From the twenty-second Senatorial District, the Hon. G. A. Winn.

        From the twenty-third Senatorial District, the Hon. S. D. Killen.

        From the twenty-fourth Senatorial District, the Hon. W. M. Brown.

        From the twenty-fifth Senatorial District, the Hon. J. B. Kendall.

        From the twenty-sixth Senatorial District, the Hon. William Moseley.

        From the twenty-seventh Senatorial District, the Hon. John Billups.

        From the twenty-eighth Senatorial District, the Hon. G. R. Dyer.

        From the twenty-ninth Senatorial District, the Hon. L. M. Hill.

        From the thirtieth Senatorial District, the Hon. J. H. Echols.

        From the thirty-second Senatorial District, the Hon. Wier Boyd.

        From the thirty-third Senatorial District, the Hon. Samuel Stephens.

        From the thirty-fourth Senatorial District, the Hon. S. F. Alexander.

        From the thirty-fifth Senatorial District, the Hon. A. J. Hansell.

        From the thirty-sixth Senatorial District, the Hon. J. H. Gaston.

        From the thirty-seventh Senatorial District, the Hon. W. P. Beasley.

        From the thirty-eighth Senatorial District, the Hon. J. M. Ware.

        From thirty-ninth Senatorial District, the Hon. H. P. Bell.

        From the fortieth Senatorial District, the Hon. S. Y. Jamison.

        From the forty-first Senatorial District, the Hon. James Simmons.

        From the forty-second Senatorial District, the Hon. D. R. Mitchell.

        From the forty third Senatorial District, the Hon. J. M. Jackson.

        From the forty-fourth Senatorial District, the Hon. R. A. Lane.

        On motion the Senate proceeded to the election of a President, and on taking the vote viva voce, it appeared that the Hon. John Billups, of the twenty-seventh Senatorial District, was duly elected.

        On motion of Mr. Seward, a committee, consisting of Messrs. Seward, Vason, and Brown, was appointed to notify him of his election, and conduct him to the Chair.

        The President elect on taking the Chair, addressed the Senate, and returned his acknowledgements for the honor conferred upon him.

        On motion the Senate proceeded to the election of a Secretary, when, on receiving and counting out the ballots, it appeared that James M. Mobley, Esq., of the County of Harris, was duly elected, appeared, was sworn, and took his seat.

        The Assistant Secretary, H. M. Moore, was sworn by the President of the Senate.

        On motion the Senate then proceeded to the election of a Messenger, when, on receiving and counting out the ballots, it appeared that L. S. Stewart, of the County of Hancock, was duly elected.

        On motion the Senate then proceeded to the election of a Door Keeper, when, on receiving and counting out the ballots, it appeared that T. R. Christian, of the County of Whitfield, was duly elected.

        On motion of Mr. Hansell, the rules of the last Senate were adopted for the temporary government of the present Senate and one hundred copies ordered to be printed for the use of the Senate.

        Mr. Smith offered the following resolution:

        Whereas by the revised Constitution of this State there has been a great reduction in the number of members of the Senate, and by other provisions of said constitution, the labor of the Clerks of this body will be greatly diminished,

        Be it therefore resolved, As the sense of the Senate that no more or other clerkships shall be recognized or paid than the following: A Secretary, a Reading Clerk, a Journalizing Clerk, an Engrossing and an Enroling Clerk.

        On motion the Secretary was directed to inform the House that the Senate was organized and ready to proceed to business.

        The following message was received from the House of Representatives by Mr. Carrington, their Clerk:

        Mr. President: I am instructed by the House of Representatives to inform the Senate that they have organized by electing the Hon. Warren Akin, of the county of Cass, as their Speaker and L. Carrington, of the county of Baldwin, as their Clerk, Jesse Oslin, of the county of Cobb, as their Messenger, and B. H. Mitchell, of the county of Coweta, as their Door-Keeper, and that they are now ready to proceed to business.

        On motion of Mr. Hansell a committee of three consisting of Messrs. Hansell, Moseley and Boyd was appointed to request the ministers of the Gospel of the city of Milledgeville to officiate as Chaplains of the Senate during the present session.

        On motion of Mr. Brown, a committee of three consisting of Messrs. Brown, Furlow and Lewis was appointed to join a similar committee of the House and inform His Excellency, the Governor, that both branches of the General Assembly are now organized and ready to receive any communication he may have to make.

        Mr. Brown, chairman of the committee appointed to wait upon His Excellency, the Governor, reported that they had discharged the duty assigned them, and that His Excellency,

the Governor, would communicate a message to both branches of the General Assembly this day at 3 o'clock.

        On motion the Senate then adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        Senate met according to adjournment.

        The following message was received from His Excellency, the Governor, by Mr. Waters, his Secretary, to-wit:

        Mr. President: I am directed by His Excellency, the Governor, to deliver to the Senate his Annual Message and accompanying documents.

        On motion the Annual Message of His Excellency, the Governor, was taken up and read, as follows:

GOVERNOR'S MESSAGE.

EXECUTIVE DEPARTMENT,
Milledgeville, Ga., Nov. 6, 1861.

Fellow-Citizens of the Senate
and House of Representatives:

        Prior to the Revolution of 1776, our State and the other Atlantic States of this Continent, were Colonies of the British Government, created by it and subject to its control.--The people then had only such civil rights as were recognized by the Parliament of Great Britain, while the Colonies neither possessed nor claimed inherent sovereignty.

        The inhabitants, mostly of British origin, were attached to the Crown, and were in the enjoyment of prosperity and happiness, till the government conceived the plan of enriching and aggrandizing itself by imposing onerous and oppressive burdens upon the Colonies. The people remonstrated against these aggressions in the most respectful manner, giving assurances of their loyalty and petitioning for a redress of grievances. Their petitions were disregarded and their natural rights trampled upon by an unwise and ambitious ministry.

        Finally, when it was ascertained that their own government had ceased to be their protector and had become their oppressor, and that the only alternative left was submission or resistance to tyranny, they threw off the yoke and boldly defied the power of the British Crown. The Representatives of the people met in Convention, and appealing to the God of the universe for the rectitude of their intentions and humbly and fervently invoking His assistance in the mighty conflict in which they were about to engage, declared that the Colonies were, and of right ought to be free, Sovereign and Independent States. An attempt was then made by force of arms to coerce the Colonies back into a union with the British Government. In this conflict the disparity of physical strength was fearful. The Government of Great Britain was a power of the first magnitude, possessing large fleets and armies, thoroughly equipped and armed with the best military weapons of the age. The Colonies were without fleets or armies, numbering but three millions of people, badly trained, almost destitute of

arms or military equipments, relying alone, under the blessing of Heaven, upon their stout hearts and strong arms and the inherent justice of their cause. The war was long and bloody. The world knows the result.

STATE RIGHTS.

        Soon after the achievement of our independence, the great and good men who conducted the revolution, met in Convention and entered upon the work of forming a Constitution, and establishing the government upon a permanent basis. In that convention it was discovered that great diversity of opinion existed, as to the proper form of the permanent government. Some very able and influential persons favored the plan of a limited monarchy, similar to that of Great Britain, or some other strong government which would consolidate the sovereignty of the States in the empire, and place the supreme power in the hands of the few. Many, who did not aspire to the throne in case of the establishment of monarchy, no doubt, looked for positions as ministers at court, or for dukedoms and other grades of noble hereditary distinction that would elevate them and their posterity to permanent ruling positions above the great mass of their fellow-citizens. This class of persons opposed the great doctrine of State Rights and sought to divest the States of their sovereignty, and virtually to convert them into mere provinces of a consolidated central power. The doctrines of this class of statesmen were, however, successfully combated in the convention by the great champions of the doctrine of State Sovereignty, who succeeded in procuring the sanction of the convention to a constitution, which, while it delegated to the general government such attributes of sovereignty as were necessary to conduct the foreign affairs of a confederation of States, and to regulate such internal affairs between the States necessary to the good of the whole as were beyond the control of a single State confederated with sister States, reserved to each State its inherent sovereignty, with power to exercise all its attributes except such as were expressly granted to the general Government, or such as were necessary to carry into effect the delegated powers.

        After the adoption of the Constitution, a conflict again arose between the two classes of statesmen above mentioned. The one class, headed by the great statesmen of Virginia, contended that the federal government should, in practice, be confined to the exercise of the powers delegated to it by the Constitution, leaving to the States the exercise of all their reserved powers. The other class, headed chiefly by Northern statesmen, attempted, by a latitudinarian construction of the Constitution, to accomplish indirectly what they had failed to secure directly, and to consolidate the government by the assumption, in practice,

of powers not delegated by the States. The conflict has lasted through a long series of years, and the fortunes of the two classes of statesmen at different times and under different names, have been as various as the ebbs and floods of popular sentiment under different influences and controlled by different interests, have been unstable. The statesmen of the original federal school, have, however, with the assistance of the tariff laws, navigation acts, fishery laws, and other legislation intended to build up and foster Northern interests at the expense of Southern industry, succeeded in directing the Northern mind into the consolidation channel. By the instrumentality of these laws, the government of the United States has poured the wealth of the productive South into the lap of the bleak and sterile North, and the people of the ice-clad hills of New England have grown rich and haughty upon the tribute which they have levied on the productions of the sunny South. The result has very naturally been, that they have learned to look up to the government which taxed our industry for their advantage and enriched them at our expense, as the great dispenser of all benefits; and they have sought to strengthen its hands and enlarge its powers, by weakening the hands and diminishing the powers of the States. They were willing to consolidate the government, if the government would, in turn, enrich them. They have used the slavery question to excite the masses and to place in power such men as would administer the government for their benefit.

        The people of the Southern States, who have been the sufferers under the operation of the federal government, which has drawn from them the incomes of their labor to enrich their Northern neighbors, have very naturally opposed the consolidation of all power at Washington and have maintained the doctrine of State Rights as their only security against the encroachments of haughty and unrestrained imperial power. They endured wrongs and submitted to injustice till their wrongs were no longer sufferable. They again and again warned the people of the Northern States of the consequences of further aggression.--Their warnings were unheeded and their remonstrances were met with renewed acts of injustice. Seeing that there was no further safety for them in the Confederacy, each one of eleven States in its separate capacity as an independent sovereign power, asserted its original rights by resuming all the attributes of its original sovereignty. The government of the United States, is now in fact a consolidated military despotism, and its Executive who claims and exercises the right to suspend the writ of Habeas Corpus and to imprison in chains or take the lives of the citizens of the States of that government at his pleasure, denies the sovereignty of

the States, contemns the doctrine of State Rights, claims that the States are as subject to the control of the federal government, (which is in fact their mere agent) as were the Colonies to the British Crown; and imitating the unwise and unjust policy of the British government in 1776, now attempts to coerce the eleven seceded States back into the Union, and by force of arms to subject them to the government and control of that despotism. To accomplish this wicked purpose and to secure our subjugation and degradation, he has made war upon us, blockaded our ports, and invaded our territory with large armies. In violation of every rule of modern warfare, he has permitted his soldiers to disregard the rights of private property and to inflict the most grievous wrongs upon unoffending women and children. By the assistance of the God of battles, we have met his hosts in the field, and against vast superiority of numbers and of preparation, we have repeatedly dispersed and driven them back with wild consternation and great slaughter. Still he persists in his wicked purpose of forcing upon us the choice between submission to tyranny and the vigorous prosecution of a protracted war. Our lives, our liberties, our wives, our children, our property, our all, are at stake in this contest. A gracious Providence has given us the resources in men, money and means, to live within ourselves and to maintain the war against the invader for a whole generation. But one alternative is left us and but one response can be given to the inquiry as to our future policy. That response is on the tongue of every freeman, it is felt from breast to breast, and heard from lip to lip, reverberating from the hill tops to the mountains and from the mountains to the vallies, Victory over the invader, or death to the last man sooner than acknowledge that we are vanquished.--The hearts of the whole people of the seceded States, are as the heart of one man, and that great heart beats responsive to the patriotic sentiment, that the enemy may exterminate us if he has the power, but conquer us, he never shall.

UNCONSTITUTIONAL LEGISLATION DANGEROUS TO STATE
RIGHTS.

        The Constitution formed by the Convention and since adopted by each of the eleven Confederate States, is the old Constitution of the United States, amended and improved in such particulars as the experience of three quarters of a century had shown to be necessary. Under this Constitution, the new government of the Confederate States is now in successful operation and is maintaining itself with great ability both in the Cabinet and in the field. The action of our Congress has been generally characterized by prudence, wisdom and forethought. While I take much

pleasure in making this statement and in yielding to the new government my hearty and cordial support, the candor, which I would exercise towards a friend, compels me to say, that in my judgment, two important acts passed by our Congress, are hard to reconcile with the plain letter and spirit of the Constitution.

        The 16th item of the 8th section of the 1st article of the Constitution of the Confederate States, is in these words: "Congress shall have power" "To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States, reserving to the States respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress." The first section of the act of the Congress of the Confederate States approved 8th May 1861, authorizes the president to accept the services of volunteers who may offer their services without regard to the place of enlistment. The second section of the act is in these words:

        "That the volunteers so offering their services, may be accepted by the president, in companies to be organized by him into squadrons, battalions, or regiments. The President shall appoint all field and staff officers, but the Company officers shall be elected by the men composing the Company; and if accepted, the officers so elected shall be commissioned by the President."

        The first section of the act approved 11th May 1861, is in these words:

        "That the President be authorized to receive into service such companies, battalions or regiments, either mounted or on foot, as may tender themselves and he may require, without the delay of a formal call upon the respective States, to serve for such term as he may prescribe."

        And part of the third section of said act is in these words:

        "The President shall be authorized to commission all officers entitled to commissions of such volunteer forces as may be received under the provisions of this act."

        The language of our Constitution is the same that is used in the Constitution of the United States, and it is believed that the term Militia, as there used when applied to troops, was always understood to be in contradistinction to the term regular. The Constitution gives to Congress the power to "raise and support armies." Under this authority our regular army is enlisted and its officers are appointed by the government under whose authority it is raised. In this case there is no restraint upon the power of Congress, and it may therefore confer upon the President the power to appoint all the officers. In the case of the Militia, which term includes Volunteers and other Military forces not embraced in the regular army, the same unrestrained power is

not granted. While the States have delegated to Congress the power of organizing, arming and disciplining the Militia, and of governing such part of them as may be employed in the service of the Confederacy, they have expressly reserved to themselves the appointment of the officers, and have therefore expressly denied to Congress the right to confer that power on the President or any other person. Notwithstanding the express reservation by the States of this power, the acts above referred to, authorize the President to accept the Volunteer Militia of the States independently of State authority and to commission every officer of a Regiment from a third Lieutenant to a Colonel. This act, by vesting in the President the power of appointing the officers of the Militia, which power the States have carefully and expressly reserved to themselves, enables him to control, independent of State authority the whole consolidated Military force of the Confederacy, including the Militia as well as the regulars. If this practice is acquiesced in, the Confederate government, which has the control of the purse, with the power to tax the people of the States to any extent at its pleasure, also acquires the supreme control of the Military force of the States, and with both the sword and the purse in its own hands may become the uncontrollable master instead of the useful servant of the States.

        I am not aware of any case in which the Government of the United States prior to its disruption, ever claimed or exercised the power to accept volunteer troops, commission their officers and order them into service, without consulting the Executive authority of the State from which they were received. The idea does not seem ever to have occurred to President Lincoln, so long as he held himself bound by any constitutional restraints, that he had any power to accept troops from the border States to assist in coercing us into obedience, without the prior consent of the Executives of those States. Hence he made his call upon them for troops and met a repulse that turned the tide of popular sentiment in our favor in most of those States and redounded greatly to the salvation of the South. During the war of 1812, when Massachusetts refused to send her troops out of the State, the plea of necessity might have been set up by Mr. Madison, as a justification to some extent, for such an encroachment, but neither he, who had participated so largely in the formation of the Constitution, nor the Congress in that day seemed to have felt justified even by necessity in adopting any such measure. In the present instance, the plea of necessity could not be set up, as it will not be pretended that the Executive of any State in the Confederacy, had refused to respond promptly to each and every call made upon him for troops. Even

now, I believe it may be truly said, that the number required in each and every case of each and every Executive, has been promptly furnished.

        These acts have also been very inconvenient in practice. The Secretary of War has frequently made requisition upon me as the Governor of this State for troops; these I have promptly furnished. Thirty Regiments and three Battalions of State troops have gone into the service of the Confederacy. Of this number twenty-one Regiments and three Battalions have been armed, accoutred and equipped by the State. We now have accepted and nearly all in the field of State troops, not in Confederate service, seven Regiments and three Battalions, which with the help of the country arms in use, are being fully armed, equipped and accoutred by the State. We also have in service from Georgia ten Regiments, which have been accepted by the President independent of State authority, making thirty-seven Regiments and six Battalions of State troops, and ten Regiments of independent or Confederate troops. Counting two Battalions as a Regiment, Georgia has therefore in service fifty Regiments, forty of State troops and ten independent. Including a few country arms she has armed, accoutred and equipped thirty of these Regiments. On several occasions, after I have put companies under orders for the purpose of filling requisitions made upon me, I have learned that these companies had previously left the State without my knowledge, which caused delay growing out of the necessity of ordering in other companies to fill their places. So long as there are two recognized military heads in the State, each having the power to order out the Militia without informing the other of the companies ordered by him, conflict and confusion must be the inevitable result. Again, as these independent Regiments receive their commissions from the President, and leave the State without official notice to the Executive, there is no record in Georgia which gives the names of the officers or privates or shows that they are in service from the State. The only knowledge which the Executive has of their being in service, is such as he derives from the newspapers or other channels of information common to any private citizen of the State.

        But I fear that these acts may, in the end, entail upon us or our posterity a greater misfortune than the mere practical confusion and inconvenience growing out of them. As I have before remarked, they give to the President the control of the Militia of the States and the appointment of the officers to command them, without the consent of the States. This is an imperial power, which in the hands of an able, fearless popular leader, if backed by a subservient Congress in the exercise of its taxing power, would enable him to

trample under foot all restraints and make his will the supreme law of the land. It may be said in reply to this, that the acts only give the President the power to accept the services of such of the Militia of the States as volunteer to serve him. This is true. But we cannot shut our eyes to the fact, that in times of high political excitement, when the people are divided into parties, a fearless favorite leader having this power, and in possession of all the public arms, munitions of war, forts, arsenals, dockyards, &c., belonging to the government, might be able to rally around him such force as would give him a fearful advantage over those who might attempt to prevent the accomplishment of his designs. Such is my confidence in the present able Executive of the Confederate States, and so thoroughly am I convinced of his lofty patriotism and his purity of purpose, that I entertain but little fear that he would abuse even absolute power or subvert the liberties of his country for his own personal aggrandizement. This is no reason however, why I should consent to see absolute power placed in his hands. While I might not fear him as a dictator, I would never consent that he be made dictator. His term of office is limited by the Constitution and must expire with his new term at the end of six years. His immediate successor, or some future Napoleon, occupying the same position, may be less pure and patriotic, and with the precedent established and approved by the people, placing this vast Military power in his hands, he may make the Presidency a stepping stone for the gratification of his unholy ambition, and by the use of the Military at his command, may assume the imperial robes and seat himself upon a throne.

        To guard effectually against usurpation, sustain republican liberty and prevent the consolidation of the power and sovereignty of the States in the hands of the few, our people should watch, with a jealous eye, every act of their representatives tending to such a result, and condemn in the most unqualified manner every encroachment made by the general government upon either the rights or the sovereignty of the States.

DEFENCE OF THE STATE,

        The act of the last Legislature authorized the Governor to call out ten thousand Volunteers, if necessary, for the defence of the State.

        Early in the Spring, I divided the State into four sections or Brigades, intending, if necessary, to raise one Brigade of Volunteers in each section, and appointed one Major General and two Brigadier Generals, with a view to the prompt organization of one division in case of emergency. The position of Major General was tendered to Gen. Henry R.

Jackson, who has lately gained a very important victory over a greatly superior force of the enemy in North Western Virginia, who declined it in favor of Colonel Wm. H. T. Walker, late of the United States Army, and a most gallant son of Georgia. I then, in accordance with the recommendation of Gen. Jackson, and the dictates of my own judgment, tendered the appointment to Col. Walker, by whom it was accepted. The office of Brigadier General was tendered to and accepted by Col. Paul J. Semmes, for the second Brigade, and to Col. William Phillips for the fourth Brigade. With a view to more speedy and active service under the Confederate Government, General Walker and General Semmes resigned before they had organized their respective commands. About this time, our relations with the Government of the United States assumed so threatening an aspect that I ordered General Phillips to organize his Brigade as rapidly as possible, and to throw the officers into a camp of instruction for training, that they might be the better prepared to render effctive those under their command. This camp of instruction was continued for about two weeks, and the officers sent home to hold their respective commands in readiness. This was the condition of our volunteer organization early in June when the United States troops crossed the Potomac, and invaded the soil of Virginia. Not knowing how soon a similar invasion of our own soil might be made, by a landing of troops upon our coast, I ordered General Phillips to call his whole Brigade into camp of instruction, and hold them in readiness for immediate action, should emergencies require it. This order was promptly obeyed by the energetic and efficient officer to whom it was given. General Phillips, assisted by Adjutant General Wayne, and Major Capers, the Superintendant of the Georgia Military Institute, pressed forward the instruction and preparation of the troops with great activity and energy. The troops remained in camp from the 11th of June till the 2d of August. They were a noble, patriotic, chivalrous band of Georgians, and I hazard nothing in saying, military men being the judges, that no Brigade in the Confederate service was composed of better material, or was better trained at that time for active service in the field. The season having so far advanced that it was not probable that our coast would be invaded before cold weather, I tendered the Brigade to President Davis for Confederate service in Virginia. The President refused to accept the tender of the Brigade, but asked for the troops by regiments. Believing that a due respect for the rights of the State should have prompted the President to accept those troops under their State organization; and if any legal obstacle, in the way of accepting a Brigade existed, that it should have been removed, by the appointment of

the General who had trained the men, and who was their unanimous choice, to continue to command them in active service; I, at first, refused to disband a State organization, made in conformity to the statute, and tender the troops by regiments; more especially as the President only demanded the two regiments which would have left the three Battalions to be disbanded or maintained as Battalions, through the balance of the season, by the State. Finally, the President agreed to accept the Battalions and Regiments, and in view of the pressing necessity for troops in Virginia, I yielded the point, accepted General Phillips' resignation, and permitted the troops to be mustered into the Confederate service by Regiments and Battalions.

        About the time these troops left, the Secretary of War also ordered out of the State, the Regiment of Regulars under Col. Williams, and the 2d Regiment of volunteers commanded by Col. Semmes, both excellent Regiments, well drilled and armed. This left the coast almost entirely defenceless. By that time I had permitted nearly all the arms of the State to go into the Confederate service, and it has been a very difficult matter to get arms enough to supply the troops since ordered to the coast.

        At the time Fort Pulaski was, by an ordinance of our State Convention turned over to the Confederate Government, the number and size of the guns in the Fort were very inadequate to its successful defence against a fleet with heavy guns, and as the Secretary of War made no pro vision for the proper supply of guns or ammunition, I deemed it my duty to purchase with funds from the State Treasury the necessary supply, which was done at a cost of $101,521,43. In this estimate is included the freights paid on the supply, and a number of heavy guns sent to other parts of the coast together with work done on gun carriages, &c. During the months of August and September, our climate was considered a sufficient protection of our coast against invasion. But an attack was reasonably looked for, so soon as the advanced stage of the season would render the health of an army on the coast secure.--I had petitioned the Secretary of War to send a larger force to our coast, prior to the order by which I called out Gen. Phillips' Brigade, and had offered to supply, promptly, any number of troops needed in obedience to a requisition from the War Department, and had mentioned five thousand as the number which I considered necessary. He replied, declining to order so many, and I felt it to be my duty to hold State troops in readiness to meet any contingency until the period when the climate would be a sufficient protection.

        Early in September, I visited the coast and inspected the fortifications and batteries which had been thrown up by

Confederate authority. I was fully satisfied that the number of troops upon the coast in the Confederate service, was entirely inadequate to its defence, and as no requisition was made upon me for any increase of the force, I felt it to be my duty to call out State troops and increase the force as soon as possible. It is true the State was not invaded, but the danger was considered so imminent as to admit of no further delay, and I was of opinion that my action was justified by both the letter and spirit of the Constitution of the Confederate States.

        In the early part of September last, I appointed Gen. George P. Harrison, of Chatham county, a Brigadier General, under the act of the last session of the Legislature, and ordered him to organize a Brigade of volunteers, armed as far as we had the means with military weapons and the balance with good country rifles and shot guns, and to throw them into camp of instruction near the coast where they could readily be used when needed. Gen. Harrison has pressed forward the organization with his characteristic promptness and energy, and now has a fine Brigade under his command. I have also, within the last few days appointed Maj. F. W. Capers, a Brigadier General and ordered him to take command of the second Brigade now about organized.

        When I permitted nearly all the State's guns to go out of the State in the summer, I entertained the hope that such number of the troops with the guns as might be needed, would be permitted to return to our coast in case of necessity during the winter. Considering the danger imminent, I lately requested the Secretary of War to order back to our coast, five Regiments of armed Georgia troops. This request was at the time declined by the Secretary, who agreed, however, to supply the Confederate General in command at Savannah with one thousand of the Enfield Rifles lately imported.

        As very little expenditure has been made by the Confederate Government to place Georgia in a defensive condition, and as the number of Confederate troops upon the coast is not sufficient to meet the necessities of the service, and as the enemy's fleet is now off our coast, I am of opinion that the State will be compelled in a very great degree to take her own defences into her own hands, and I, therefore, recommend such additional legislation as the General Assembly may think necessary for that purpose, together with such appropriations of money as may be required for a bold and vigorous defence of our beloved State against the aggressions of a wicked and powerful foe. Should we have to continue our troops in the field, which I think quite probable, during the winter, an appropriation of less than $3,500,000 will be insufficient to meet the exigencies of the service for the ensuing year.

        It is true the sum asked for is large, but the emergency in which we are placed and the results which must follow our action are such, that we cannot for a moment stop to count the cost. The only question proper for discussion now is, how many men and how much money are necessary to protect the State and repel the invasion. Other States have voted larger sums than I have asked. I see by the message of Governor Harris, that the gallant State of Tennessee has appropriated and expended $5,000,000 as a military fund within the last six months.

        How the amount of money above demanded is to be raised, is a question for the serious consideration of the General Assembly. The war tax imposed by the Confederate Government, together with the expenses assumed by different counties for supplies needed by their Companies in the service, will greatly increase the burdens of taxation.--If we add this additional sum to that to be collected within the present year, the burden will be too onerous. On the other hand, we should not forget that the debt which we now incur, with the interest, has to be paid by us and our posterity. While we cannot avoid some increase of the public debt of the State, I think it wise that we increase it as little as possible, and that we meet a large part of our necessary expenditures by taxation.

        I therefore recommend the enactment of a law, authorizing the collection, during the present fiscal year of one million of dollars by taxation, for State purposes, and the sale of State bonds bearing such rate of interest as will command par in the market, to an amount necessary to raise the balance. If the interest is fixed at a high rate, the State should reserve the right to redeem the bonds at no very distant period. In the management of private affairs, I have generally noticed that he who is largely indebted, and keeps his property and pays heavy interest rather than sell property enough to pay the debt and stop the interest, is seldom prosperous; so it is with a State. The revolution has happened in our day; its burdens belong to the present generation, and we have no right by a very large increase of our public debt, to transmit the greater portion of them to generations yet unborn.

MILITARY FUND OF 1861.

        By reference to the Report of the Treasurer you will find a statement of the accounts upon which the $1,000,000 appropriated as a military fund for the past year has been expended. The Report of John Jones as Quarter-master General to the 18th day of May, and of Ira R. Foster as Quarter-master General since that date, will afford a detailed statement of the expenditure of the several

sums charged in the Treasurer's Report to account of that department of the public service. The three Reports together with the Reports of the Quarter-master and Paymaster of the regular army while in the service of the State, afford, it is believed, all the information necessary to a complete understanding of the entire disbursement of the whole sum.

SALE OF STATE BONDS.

        The Act of the last General Assembly of the State which appropriated one million of dollars as a military fund for the year 1861, made provision for raising the money by the sale of Six per cent. State Bonds. At the time of the passage of the Act, our Six per cent. bonds were above par in the market and were eagerly sought after by capitalists.--Soon after the dissolution of the United States Government, bonds and stocks of all kinds were greatly depreciated in the market and it became impossible to raise money at par on any securities bearing only six per cent. interest. The Government of the Confederate States fixed the rate of interest on its bonds at eight per cent. and persons having money to invest preferred these bonds to the six per cent. bonds of any State. I was consequently unable to raise money on the bonds bearing the rate of interest fixed by the statute without putting them upon the market at a considerable discount. After some negotiation, most of the Banks of this State agreed, each in proportion to the amount of its capital stock, to advance to the Treasury at seven per cent. such sum as might be necessary to conduct our military operations. This advance was made upon a statement placed upon the Executive Minutes and a copy forwarded to each, by which I agreed to recommend the Legislature when assembled, to authorize the issue of seven per cent. bonds to each for the sum advanced, payable at the end of twenty years, the interest to be paid semi-annually and the State to reserve to herself the right at her option, to redeem the bonds by paying to the holders the principal and interest due at the end of five years. Upon this agreement, a copy of which is herewith transmitted together with a statement of the sum advanced by each Bank, the wants of the Treasury were relieved and such sums have been advanced from time to time as the necessities of the State required. It is proper that I mention in this connection, that the Central Rail Road and Banking Company through its able and patriotic President, the Hon. R. R. Cuyler, tendered to the State one hundred thousand dollars and took Six per cent. bonds in payment before any other Bank had acted, and at a time when money could not be commanded in the market at that rate. This conduct was alike liberal and patriotic and was followed by agreement on the part of several other Banks, each to take ten

per cent. upon its capital stock, to which the six per cent. bonds were issued accordingly. I do not think it right that these last named Banks should be permitted to sustain loss on account of their liberality; and I therefore, recommend that the six per cent. bonds issued to each Bank in this State on account of these sums advanced, be taken up, and that seven per cent. bonds be substituted in their place and also, that seven per cent. bonds be issued to all the other Banks for the sums advanced by them in accordance with the agreement upon which they made their respective advances. This would place all the Banks upon an equality and do justice to each of them.--The part of the loan which has been taken amounts to $867,500. Of this sum $25,000 of the six per cent. bonds were issued to Sharp's Manufacturing Company, of Connecticut, in part pay for carbines purchased from the Company, leaving the sum of $842,500 taken by the Banks of this State upon which only $305,000 of bonds have issued, the balance having been advanced without the issue of bonds upon the contract above mentioned. While nearly the whole amount of the military appropriation had been expended prior to the end of the fiscal year, the receipts from the State Road and from other sources have been such as to meet the ordinary expenses of the government, as well as the extraordinary appropriations of the last Legislature; also to pay part of the drafts upon the military fund, and to leave in the Treasury at the end of the fiscal year, a net balance of $324,099 86. As this sum in the Treasury was not appropriated for military purposes, but is mostly appropriated for other purposes and undrawn, I had no right under the Constitution to draw upon it, and as the military fund was lately exhausted and the perilous condition of the State required large expenditures and prompt action for the defence of the Coast, it became necessary for me to negotiate a further loan with the Banks of Savannah to meet the emergency, till an appropriation could be made. This I thought better than to convene the Legislature in extra session, a very short time previous to the regular session. Under this arrangement, I have received from the Banks of Savannah through G. B. Lamar, Esq., whose services have been of great value to the State both in New York prior to the secession of Georgia from the old Union, and in Savannah since that time, such sums as the service required for the repayment of which it will be necessary to provide out of the military fund to be appropriated at the present Session. The amount advanced is not yet large, but it will become necessary to increase it daily till an appropriation is made to meet the heavy expenditures now being incurred to sustain our troops in the field. I earnestly solicit for this subject the early attention of the General Assembly.

TREASURY NOTES.

        It is possible the State might find it difficult to raise by the sale of bonds, the portion of the money above recommended to be raised in that way for the ensuing year. Should it be found that such is the case, I recommend that the Treasurer of this State be authorized to issue, under the order of the Governor, treasury notes, similar to those issued by the Treasury Department of the Confederate States; and that said notes be made receivable in the payment of taxes, or any other debt due the State, or the State Road.

        And for the purpose of giving these notes credit as currency, let provision be made by law, that any person presenting at the Treasury five hundred, or one thousand dollars of them, shall be entitled to have and receive for said notes, a bond of the State of Georgia, for the same amount, bearing eight per cent interest, payable semi-annually, the principal to be paid at the end of ten years; with the like privilege for each additional amount of five hundred or one thousand dollars presented.

        This would place the notes upon a basis of security that the most cautious could not suspect, and would doubtless enable the State to raise such sums as her necessities may require. With this security, it is believed that our Banks could not fail to receive the notes on deposit, and that they would be received in payment of debts, and answer all the purposes of currency. As the faith of the State would be pledged for their redemption, no higher security would be asked by her citizens.

RELIEF TO THE PEOPLE.

        On account of the blockade of our ports, our planters are unable to sell their cotton, which is the great staple production of the State, and brings into the State the money which stimulates and sustains every other branch of industry. The taxes of the people, including the Confederate war tax, must necessarily be far more burdensome this year, than they have been any previous year, in the present generation. Unless something can be realized by the sale of, or by an advance upon Cotton, it will be next to impossible for our people to raise the money with which to meet this heavy burden. Such is the patriotism of our people, and such their zeal in the glorious cause of our independence, that all seem perfectly willing to submit to any amount of taxation, necessary to sustain the Government, if they can raise the money by sale of the products of their labor; but they are not willing to have large amounts of valuable property sacrificed under the Sheriff's hammer, to raise small sums of money to meet their taxes. In this state of

things it is the duty of the Government to do all that can be done, to afford relief.

        As the best mode of relief which occurs to my mind, I recommend the appointment of an officer of ability and experience, with a competent salary, which will enable him to devote his whole time to the work, who shall be authorized, on receiving satisfactory evidence that any planter has deposited his cotton in any ware house in any interior town of this State, and has insured the same against loss by fire for twelve months, with any solvent Insurance Company in the State, to advance to such planter two thirds of the market value of his crop, to be paid in Treasury notes of this State, secured as above proposed, which are to be received in payment of all public dues, and funded with eight per cent bonds when presented for that purpose, redeemable at the option of the State after a short period.

        The law should give the State the control of the Cotton till sold, and make ample provision for the repayment to the Treasury of the principal advanced, with eight per cent interest, the rate paid by the State, when the blockade is removed, and the Cotton sold. This would enable our planters to realize upon their crops, a sufficient sum, to meet their current expenses, and to pay all taxes required of them for the necessary expense of the war, and the support of the Government. I think our people have a right to expect some such relief as I have proposed at our hands; and I most respectfully, but earnestly invoke for this subject the attentive consideration of the General Assembly.

STAY LAW.

        In connection with the foregoing subject, I may remark that my views on the subject of Bank suspensions and stay laws, having been frequently promulgated, are well known to the people of this State.

        In ordinary times, and under ordinary circumstances, I believe all such laws are wrong in principle, corrupting in practice, and in violation of that good faith which should characterize all commercial transactions between man and his fellow man. Hence I have, on all previous occasions, withheld my assent from all such enactments; believing that they generally have their origin in unjust speculations; and that they are used by the designing, to wrest from the hardy sons of toil, the just incomes of their daily labor.

        But these are no ordinary times. We are in the midst of revolution, and your predecessors have authorized the suspension of the Banks, and have stayed the collection of debts till 1st December next. Our Ports are blockaded so that our planters cannot send their Cotton and other produce to market, and it is impossible for our Banks to import specie at any price, with which to redeem their bills. In this

state of things, to require them to resume, is to require an impossibility. It occurs to me therefore, that the most that can be done, is to guard, by proper legislation, as far as possible, against over issues and abuse of their privileges by our Banks during the suspension, so as to cause them to do justice to the people, and prevent their insolvency when they shall, at a future day, be called upon to resume specie payment.

        It is also absolutely necessary to extend the stay law between other debtors and creditors. Should creditors be permitted in the midst of the present crisis, by legal process, to bring the property of debtors to sale by the Sheriff, who is required by law to sell for cash, the results would be deplorable. Money is so scarce, that property forced to sale for cash, would not probably bring more than one third to half as much as it would have brought twelve or eighteen months since, when the debt was contracted. This would enable a few heartless speculators, who happen to have funds at their command, to buy up the property of poor debtors, at almost nominal prices; and would cause an immense amount of suffering among helpless women and children, whose husbands and fathers, never anticipating the present state of things, contracted debts when money was plentiful, and the country prosperous, which, had that state of things remained, they could easily have paid; but which their whole property, if forced to sale by the Sheriff, would now be insufficient to satisfy. Many of these debtors, leaving a very small amount of property for the support of their families at home, are now in the Military service of the country, risking themselves, and sacrificing all the pleasures of home, in defence of our lives, liberties and families. I can imagine no greater cruelty, than to permit the creditor in the absence of the soldier, to take from his family, the small pittance left for their support. It is true, few creditors might be so cruel as to attempt this, but the law should make ample provision for the protection of the weak and the helpless, against those who might be prompted by avarice, to disregard the dictates of humanity. I therefore in view of our necessities, waive for the present, all my objections to this character of legislation, and recommend the enactment of such laws, as will continue the suspension, and protect the poor and unfortunate from the grasp of the avaricious and the powerful, till the establishment of our independence shall have relieved us from the embarrassments which have grown out of the revolution.

UNPATRIOTIC SPECULATION.

        It is a matter of the most profound regret in the present eventful crisis, when the whole energies of our people are being exerted to the utmost capacity in the cause of our independence, and when thousands of our fellow

citizens who have but little except their services to give, have nobly responded to their country's call and rallied to her standard in the field, leaving helpless families behind with but little means of support except their daily labor, that combinations have been formed by hard-hearted and unpatriotic speculators, to buy up and engross almost the entire supplies of the necessaries of life without which neither the families of soldiers nor others, can subsist. So soon as these unprincipled public plunderers have obtained the control of any necessary commodity, they have not only robbed the government by demanding, and compelling it to pay the most enormous profits, but they have wronged our soldiers in the service, by compelling them to pay two or three prices for articles which were absolutely indispensable to their health and comfort, and have raised the prices of many necessary articles of provision at home, till the families of absent soldiers and others who labor for a livelihood, are obliged to live upon the most stinted allowance if not to endure actual suffering, on account of their inability, by their labor, to purchase the necessaries of life. If I have not misconceived the true objects of government, the soldiers in the field from this State, the helpless families of many of them at home, and all others who have suffered by the wicked avarice of these Shylocks, have a right to demand at the hands of the General Assembly, the enactment of such laws as will afford all the relief possible against such cruel imposition in future.

        Large amounts of provisions and other military supplies must be furnished to our army during the the ensuing year. If the State submits to these impositions, the prices which she pays will become the ruling prices in the market; and others, however needy or unable, must pay as much as the State pays, or they cannot procure the articles of prime necessity.

        I therefore recommend the enactment of a law authorizing the Governor of this State, or any military officer under his command, by his dirrection, (or such other officer as the the legislature may designate,) to seize and appropriate any provisions or other supplies of any character, necessary for the subsistence or comfort of our troops, or for their efficiency in the service, wherever to be found, in the hands of manufacturers, speculators or traders, and to pay or tender to such manufacturers, speculators or traders, reasonable and just compensation therefor, to be fixed by competent valuing agents. The price fixed as the market value of the articles needed by the State, which are also the principal articles needed by the community, would very soon become the general market prices in the State, as the authorities could, on information, seize supplies for the State

in the hands of such persons as refused to sell at reasonable prices, and thus bring down those above, to medium rates.

        This legislation would not only be compatible with the dictates of humanity and the plainest principles of natural justice, but it would violate no constitutional right of the speculator. The constitution expressly authorizes the government to "take private property" for "public uses," by paying "just compensation;" and does not require the government, in such cases to pay exorbitant and unreasonable prices.

        I commend this subject to your serious consideration, not doubting that you will do all in your power to protect both the State and her citizens against the wicked and cruel designs of those, whom avarice leads to turn a deaf ear alike to the dictates of patriotism and humanity, and who are ready to sacrifice all that is dear to a people to satisfy their own inordinate desire for gain.

OUR TROOPS IN THE FIELD.

        It is impossible to bestow too much praise upon our gallant troops now in service. Those of them who have had an opportunity to meet the enemy, have not only sustained the high character of Georgia, but have covered themselves with unfading glory; and many of them, sealing their offering upon their country's altar with their life's blood, have transmitted their names to posterity upon history's brightest page. I have not the slightest fear that we have a single Regiment or Company in the field from this State, that will ever falter in the face of the enemy, or fail to perform the highest deeds of heroism, when occasion is offered for such display. It is a matter of profound regret that a body of such troops as we have sent to the field, should ever lack for anything necessary to their comfort while in service. I have rendered all the aid possible with the limited means at my command, in clothing and making them comfortable; but it has not been in my power to do half as much as I wished to do. He who will consider that our military appropriation for the year just closed was but $1,000,000, and that in addition to the purchase of ordnance, ammunition and other military stores, and the large sums expanded in the organization of the Georgia Regular Army, the State has more than 40,000 troops in the field, over half of whom she has fully armed, accoutred and equipped, besides furnishing valuable supplies to Regiments not armed by her, and paying the expense of some twenty-five hundred of these troops for nearly two months in camp of instruction, will readily see why it has not been in my power to do more.

HOSPITAL FOR THE SICK.

        I cannot close this reference to the condition and wants of our troops, without calling your attention to the necessities

of our sick and wounded soldiers in Virginia. We are informed that their suffering has been very great for want of proper nursing and hospital accommodations. A most patriotic association of Georgians has been formed for the purpose of alleviating the sufferings and supplying the wants of the sick and wounded. This association has established hospitals in Virginia and collected large sums of money from our citizens by donations, to sustain these institutions; but the sums which will be required for the ensuing year, will be greater than the association can reasonably expect to raise by voluntary contribution. I contributed out of the military fund $5,000, to assist in the establishment of the Hospital at Richmond; and I recommend such liberal appropriation for the purpose of sustaining these institutions in future, as will secure to the troops wherever they may be, when confined by affliction, all the attention and comfort which can possibly be afforded to persons in their condition.

MANUFACTURE OF ARMS.

        So great are our necessities for arms and such the difficulties attending their importation, that I again call the attention of the General Assembly to this important subject, and suggest the propriety of either establishing a State Foundry for their manufacture, or of guaranteeing to such Company as will engage to manufacture them, such an amount of patronage as will secure success. I am informed that Col. Isaac I. Moses, a citizen of Columbus, of sufficient capital and great energy of character, acting in conjunction with Mr. John D. Gray, of Catoosa county, whose reputation for energy and enterprise is well known to our people, is perfecting preparations to manufacture at Columbus, excellent Rifles in large numbers, within the next two or three months. It is said they have already made considerable progress in their enterprise and that Mr. Gray can furnish stocks quite rapidly, and that with his aid Col. Moses will soon be able to turn out the guns complete. Should it be found on a thorough investigation of this subject by the military committee, that the enterprise of Col. Moses and Mr. Gray will be successful, I recommend that a contract be entered into with these gentlemen, or with any others who may be prepared to furnish the arms, for such supply as the future necessities of the State may require.

        In accordance with the recommendations of a convention of Gun Smiths held at Atlanta, I have appropriated a part of the forges in the machine shop of the State Road, to the purpose of forging gun barrels, and a number of hands are now engaged there in that business. I have also ordered to be procured boring and rifling machines and turning lathes, and will be prepared in a few weeks to make rifle

barrels complete. These barrels are to be given out to the gun-smiths, who, under contracts for that purpose are to finish the guns after the pattern of the Harper's Ferry rifle.

POWDER MATERIAL.

        Soon after the State seceded from the Union, in view of our perilous condition, and the great scarcity of salt petre and sulphur in the State, and indeed in the South, I felt it my duty to use every exertion in my power to procure the material, without which it would be impossible to make the supply of powder absolutely necessary to our safety and the success of our common cause. After much exertion and great risk, I succeeded in procuring a supply sufficient to make several hundred tons of powder; which was landed in the State a very short time prior to the commencement of the blockade of our ports. A short time after its importation, I offered the powder material and the steamer Huntress to the Secretary of War for the common cause, at their original cost to the State without even charging interest on the money, during the time intervening, between the purchase by the State, and the proposed sale. This proposition was declined by the Secretary. At a later period in the season, I renewed the proposition, with the alternative that if the Secretary refused to take the steamer, which had been purchased by order of the State Convention, and which was no longer needed by the State, the Confederacy having assumed the control of our naval affairs; he could have the powder material without the steamer at its market value. This latter proposition was accepted and the market value of the powder material fixed by the Secretary himself at fifty per cent upon original cost. It was at the time worth in the market, over three hundred per cent upon the original cost, but as it was no part of my purpose to speculate for the State on that which was essential to the success of our common cause, I permitted the Secretary of War to take it at his own price. The State Treasurer had advanced the money to purchase the material at my request, without warrant, and after the sale, as no warrant had passed, I refunded to the Treasury the amount of money advanced by the Treasurer. By this transaction I not only obtained and turned over to the Confederacy at a price several hundred fold less than it could have been elsewhere obtained, a supply of material of very great value, but also made a clear profit of $22,133 70 for the State. As the drafts upon the military fund were much heavier than was anticipated when the appropriation was made, I found it necessary to use this net profit which I had made for the State, in the purchase of provisions and other necessary supplies for our troops. I therefore paid it over to the Quarter Master General of the State, and took

his receipt for the amount, which he has expended for the use of our troops, and for which he will account in his report. I have ordered this receipt to be recorded on the Executive minutes and the original to be filed subject to the inspection of any committee, or other person interested.

PENITENTIARY.

        You are referred to the report of Col. James A. Green, the active and energetic Principal Keeper of the Penitentiary, for a statement of the operations of that Institution, during the past fiscal year. It will be seen that after the payment of all its indebtedness for the year, it has a handsome sum to its credit; and that no appropriation is asked for its assistance or support for the ensuing year.

ASYLUM, AND OTHER INSTITUTIONS.

        For a statement of the condition and wants of the Lunatic Asylum, Academy for the Blind, and Institution for the Education of the Deaf and Dumb, you are respectfully referred to the reports of the officers in charge of these Institutions.

STATE UNIVERSITY.

        As required by the Statute, I transmit herewith the Report of the Trustees of the State University. So large a number of young men, who would otherwise have been pursuing their Collegiate studies, have volunteered, and gone to the army, that the number of students in the University must be expected to be materially diminished during the ensuing year.

GEORGIA MILITARY INSTITUTE.

        I apprehend I need enter into no argument in the present eventful period of our history, to satisfy the General Assembly of the great utility and importance of the Military Institute to the State and to the South. The friends and patrons of the Institute have much reason to be proud of the results of their labor. Most of its graduates hold useful and important positions in the service of the State, or the Confederacy, while some have already sacrificed their lives on the battle field gallantly leading their followers in the hour of victory. I am happy to be able to state that the prospects of the Institute are at present very flattering. Feeling that the State needed the services and military skill of Maj. Capers, the Superintendent during the winter upon the Coast, I have given him a commission as Brigadier General, and assigned him to the command of the second Brigade of Georgia State troops. As it is not probable that the campaign upon the Coast will last for more than six months, it is hoped that General Capers may be able to resume his position in the Institute before the commencement of the next summer. Considering his services of great importance to the State in conducting the military

education of our youth, the Board under whose supervision the law has placed the Institute, could not willingly consent that General Capers accept such military commission as would carry him out of the State, and sever his connection with the Institution where his services are so highly appreciated.

        To sustain the Institute and place it upon a solid basis it will be necessary that such appropriations be made to endow it as will place the professors' salaries beyond contingency. I commend the Institute to the enlightened statesmanship, and fostering care of the General Assembly.

EDUCATION.

        The annual appropriation of one hundred thousand dollars, and the dividends from the Bank Stock belonging to the State, and the interest upon the educational bonds, amount in the aggregate, to $145,054 00 for the past year. This will be distributed among the Counties for school purposes, unless the Executive shall be otherwise directed by legislation anterior to the day fixed by law for the distribution. While our financial embarrassments growing out of the war may be very considerable, I entertain the opinion that it would be better for the people to submit to the additional taxation necessary to raise this sum, than to withhold it from those entitled under existing legislation to participate in its benefits.

THE NEW CONSTITUTION.

        The new Constitution proposed by the State Convention on the 23rd day of March last, while in session at Savannah, was, by my proclamation, submitted to a vote of the people of the State for ratification or rejection, on the first Tuesday in July last. The vote cast was quite a small one, owing doubtless, to the fact, that the thoughts of our people were so much engrossed with the war, that little attention was given to any other subject; and as the Constitution had received tne sanction of the Convention, composed as it was of so many of the brightest intellects, and best men of the State, the people were, it would seem, generally willing, to ratify their action without serious opposition. The election returns received at the Executive Department, show the following result:

• For Ratification . . . . . 11,499 votes.
• No Ratification . . . . . 10,704 votes.
• Majority for Ratification . . . . . 795 votes.

        After the result was known, on the 20th day of August last, I issued my proclamation, as required by the resolution of the Convention, declaring the proposed Constitution to be the Constitution of this State.

OUR MILITIA SYSTEM.

        I invite the attention of the General Assembly to the suggestions contained in the report of the Adjutant and Inspector General recommending a revision of our Military Code. I would also suggest a change in the law relating to Volunteer Companies. During the past year these companies have frequently been formed, and after their officers were commissioned and they armed by the State, have in a short time disbanded and scattered their arms, causing very considerable expense and trouble to the State to collect them again, and in some instances involving the entire loss of part of the guns to the State. Again, it has frequently happened after companies have been formed and their officers have expended large sums in uniforming and equipping them, that a portion of the members becoming dissatisfied with the organization, or seeing as they believed, an opportunity to get into service sooner with some other company, have withdrawn, and reduced the Company to so small a number as to compel the officers to disband it. This has caused much confusion, and has been very discouraging to those who have incurred heavy expense in organizing and equipping Companies for service. To prevent this state of things in future I recommend such legislation as will compel those who may hereafter enrol their names as members of a Volunteer Company to adhere to the organization for at least twelve months, and to respond to any call which may, within that time, be made upon them for active service in the field, and for such term of service as may be required by the statutes under which they may be called out for the defence of the State or the Confederacy.

WESTERN AND ATLANTIC RAILROAD.

        For a statement of the condition of the Western and Atlantic Railroad, the General Assembly is referred to the report of the late able and faithful Superintendent, Dr. John W. Lewis, whose resignation took effect with the end of the fiscal year of the Road, on the 30th of September. Maj. John S. Rowland, of the county of Cass, who has been appointed Superintendent, is energetically and faithfully engaged in the discharge of his duties. The other able officers of the Road generally remain in their positions as heretofore. Their past fidelity and efficiency, together with the well known character of the Superintendent for honesty, integrity, practical business sense, and financial ability, are, I trust, sufficient guaranty that the future management of the Road will be faithful and successful. If the Blockade is continued so as to prevent all exports of produce, the falling off of freights during the ensuing year will probably seriously affect the income of the Road.

        As will be seen, by reference to the Report of the State Treasurer, he has received from the Road $438,000 of net incomes for the past fiscal year, ending 20th October last.

FLORIDA BOUNDARY LINE.

        At the last session of the Legislature, a resolution was adopted, directing me to re-open negotiations with the authorities of the State of Florida, in regard to the boundary line between the two States, and to urge the adjustment of the disputed line, so as to "protect the rights of citizenship of the people residing near the line, who have been recognized by the laws and constitution of this State, as being citizens of Georgia, and so as also to protect the titles of citizens to the lands which they hold under grants issued by the State; and to have, if practicable, the boundary fixed so as to retain and keep the fractional lots of land sold by Georgia, within the jurisdiction of this State." Owing to the fact that the energies of both States were taxed to their utmost capacity by the existing war, and that the official term of Gov. Perry was near its expiration, I delayed action till after the inauguration of Gov. Milton, when I transmitted to him a copy of the resolutions of our last Legislature, and invited his attention to the subject. He replied, that he would lay the resolutions before the Legislature of Florida. I transmit herewith a copy of the correspondence, which is all that has transpired since the adjournment of the last session. Should I receive notice of any action on the part of the Legislature of Florida on this subject prior to your adjournment, you will be promptly informed of the fact.

THE CONFEDERATE WAR TAX.

        The twenty-fourth section of the Act passed by the Congress of the Confederate States for the collection of a War Tax, is in these words:

        "If any State shall, on or before the first day of April next, pay, in the Treasury notes of the Confederate States, or in specie, the taxes assessed against the citizens of such State, less ten per centum thereon, it shall be the duty of the Secretary of the Treasury to notify the same to the several tax collectors in such State, and thereupon their authority and duty under this Act shall cease."

        In a previous part of the Act, provision is made for the appointment of Assessors by the Confederate Government, and the valuation of taxable property in each State. It would seem, therefore, that there is no way of ascertaining the amount which each State is required to pay till this assessment is made. After this is done, and the sum for which the State is liable is known, each State may pay

this sum into the Treasury, in gold and silver, or Confederate Treasury notes, less ten per centum, and thereby prevent the collection of the same by Confederate officers. While I would have greatly preferred that Congress should have apportioned the sum to be raised among the States, without the intervention of Confederate Assessors, it is much better, in my opinion, that we at least prevent the Confederate Tax-Gatherers from making their appearance among us, when we can save ten per centum upon the whole sum by collecting it under State authority, and paying it into the Confederate Treasury; and I think it would be more satisfactory to our people that they be visited by the Tax-collecters of but one Government. I therefore recommend such legislation as may be necessary to secure the collection of Georgia's quota by her own State Collectors, either those who collect the State tax, or others to be appointed by State authority for that purpose, and its payment, when collected, into the Confederate Treasury. The State Collectors could afford to do the labor for a very small per centum on so large a sum. While the State, by the adoption of this policy, would act upon a principle alike compatible with her dignity and sovereignty, she would save to her Treasury a very considerable sum in the difference between the actual cost of collection, and the sum allowed her on that account. Should it become the policy of the Confederate Government in the future, to abolish our tariff system, with all the expense and corruption that attended the system in the old Government, such a course might greatly lessen the expenses of the Government, and cause the people to hold their public servants to a much more strict accountability for wasteful expenditures; and in that event, I am of opinion that the amount necessary to the support of Government, should be justly apportioned among the States, and each State should be permitted, by her own Collectors, if her people prefer it, to raise her own quota, and pay it into the Treasury, without the intervention of Confederate Collectors.

COMMERCIAL INDEPENDENCE.

        The contest in which we are engaged must, it is admitted by all, result in our political independence. But our deliverance from political bondage will be of little advantage if we remain in a state of commercial dependence. If our exchanges at the end of the war, are still to be made through New York and other Northern Ports; our Cotton shipped upon Northern ships by way of New York to Europe; taxed with increased freights, insurance, commissions, wharfage, and other incidental expenses incurred upon that route; and our goods imported over the same line burdened with the usual expense to us, and profits to the Northern

merchant, which must result from indirect importations; we shall remain in fact, subject to Northern rule, and our political destinies will soon be controlled by those who have our commercial interests under their power. This evil can only be prevented by the inauguration of a system which will secure direct trade and direct exchanges with Europe. It is a question well worthy the consideration of Congress, whether this object cannot be better accomplished by the establishment of free trade with all the world. Your predecessors, at the last session, duly appreciating the importance of this question, passed an act incorporating the "Belgian American Company," and authorizing the Governor to pledge the State to secure to the Company what was considered reasonable profits on the amount invested in a line of steamers to run direct between Savannah and some commercial point in Europe, provided the guarantee of the State should not exceed one hundred thousand dollars, per annum, for five years. The act also made it the duty of the Governor to appoint a Commissioner to Europe to negotiate an arrangement for the line. In obedience to this requirement of the statute, I appointed the Hon. T. Butler King, Commissioner, and sent him to Europe early in the Spring. I have received but a single dispatch from Mr. King since his departure. In this, he informs me that he has forwarded several others which I have not received.

        As it is imposible to foretell what may be the result of Mr. King's mission, I beg leave to call the attention of the General Assembly to the fact that an association of Georgians of high character, and well known financial and commercial ability, is now being formed, for the purpose of establishing at as early a day as possible, a line of steamers between Savannah and such commercial port in Europe, as offers the greatest inducements and facilities for direct trade and intercourse.

        If the legislature will incorporate the company and subscribe, for the State, $200,000 to its capital stock, and grant to it a subsidy of fifty thousand dollars per annum, for five years, I am informed that the whole capital stock will be at once taken, and the ships purchased, ready to be placed upon the line immediately after the removal of the blockade. This would cost the State less than she has proposed to guarantee to a foreign company. And as the line in this case, would be owned jointly by the State, and an association of her most enterprising citizens, there would seem to be weighty reasons, why our people should prefer it, to any line controlled by foreign capitalists, who would have no preference for a Georgia port as the American terminus of the line, if superior inducements should at any future time be offered by any other Southern city.

        So soon as the blockade is raised, it will become a matter of the first importance that the line be immediately put in operation, and that permanent and safe arrangements be made with European capitalists for advances upon cotton, and for the regulation of our exchanges upon a just and equitable basis.

        No country on the globe possesses more natural advantages, and no country has suffered greater wrong than has been inflicted upon the South for the last quarter of a century, under the unjust and iniquitous system of legislation adopted by the Government of the United States. The Union has at last been severed beyond the possibility of re-construction; and the Southern States are no longer commercially, nor politically, the appendages or provinces of the Northern Government, but they are free, sovereign, and independent, while that Government has become a Military despotism. If the people of the South are true to their own interests, they will never in future have any political connection with the people of the North, nor permit their commercial relations to be controlled by Northern legislation or Northern capital. The South was not only the great productive section of the old Union, furnishing most of its exports, but it was the balance wheel which kept the machinery of Republican Government in regular motion, and its trade was the great artery of life to the Northern section. With every advantage of soil and climate, and all the material elements of greatness, no longer compelled to submit to an unjust draft upon her industrial pursuits to build up and pamper the power of a haughty rival section, the South seems to hold in her own hands, under the smiles of a kind Providence, the high destiny of her own future.

OUR COMPETENCY FOR SELF-GOVERNMENT.

        He who has read history attentively, and studied carefully thetheory of Government, can have but little difficulty in arriving at the conclusion, that a Republican Government can only be maintained upon the basis of domestic slavery. The assertion, so often repeated, that our people are competent for self government, is no doubt true when properly qualified; but if it is intended by the term, "people," to include the whole people, and to permit all of every class white and black indiscriminately to exercise political rights, it is then doubtless untrue. The capacity of the people for self-government, depends upon their virtue and intelligence, and the experiments made in France and other enlightened countries, where domestic slavery is not tolerated, have shown that sufficient virtue and intelligence never exist to enable the people to perform the task, when the whole mass of the people of every class are permitted to participate actively in the affairs of the State. Hence, the general rule, that a country which does not tolerate domestic

slavery, is governed by monarchy. It is admitted that the opposite of the rule is not always true, as some countries, like Brazil and Spain, tolerate domestic slavery, and are governed by monarchy. Nor is the rule itself probably without a single exception, as in the case of Switzerland, which, on account of its peculiar locality and condition, is tolerated as a republic by the other governments of Europe.

        Take, as an illustration, the people of the Confederate States, and of the United States. We say the people of the Confederate States are competent to govern themselves. This is true in the sense in which the expression is used; but if we use the term "people" in its broadest sense, and embrace the four millions of negroes as a part of the people, entitled to exercise political rights, then it is not true. The people of the United States are intelligent and enlightened, but the whole people, including menial servants, imported paupers, and free negroes, all under their theory possessing and exercising equal rights and equal power at the ballot box, are certainly incompetent to govern themselves. Hence that government must soon terminate in monarchy.

        Intimately connected with the above cause, is another that must tend to hasten the result. I allude to the irreconcilable conflict, which, under their domestic system, exists, and must continue to increase, between CAPITAL and LABOR. There, the capitalist who desires to employ labor has no interest in the person of the laborer, but only an interest in his day's work. He is under no obligation other than the common dictates of humanity to provide for the wants of the laborer or his family in case of sickness or other misfortune. It follows that it is the interest of the combined capitalists of the North to depress the price of labor and procure work as low as possible. On the other hand, the laboring class is interested in keeping up the price of labor. In this conflict, if the laboring class strike for higher wages, when prices are no longer remunerative, the competition for employment which will be produced by the annual importation of very large numbers of foreign paupers, will give the capitalists greatly the advantage in their-efforts to maintain low prices. This, together with the consequent necessities of the laboring class, will naturally foster the agrarian feeling already engendered, and the conflict will become constant and bitter. The laboring class including the lowest menial servants, and naturalized foreign paupers, being voters will naturally have the advantage at the ballot box, on account of their superiority of numbers. This will induce the capitalists, on the other hand, to use their money freely to influence the elections which will be productive of increased rottenness and corruption in the body politic. Riots and mobs will grow out

of the contest, till thinking men, discovering the tottering basis upon which society rests, and the insecurity of property, will naturally be induced to seek protection in a stronger form of government.

        Amid this chaos and confusion, in the throes of revolution, some master spirit with great ability and ambition, will attract attention and win popular applause. This will place him in position to command, when appealing to the necessities of the capitalists he will engage to make his sword their protector, and to distribute the honors of the Empire among them, if they will make their gold the pillars of his throne. The result will be, that the country will seek repose in the downfall of Republicanism, and the establishment of Monarchy.

        The very opposite of all this is true in the Confederate States. Here, domestic slavery is a fundamental part of our social system. We have over four millions of negroes who are the menial class of our society. They have no political rights and seek none; they take no part in the Government, but are a dependent class, generally contented and happy, having all their natural wants supplied by those who are responsible under our laws for their humane and kind treatment. In case of sickness, or permanent bodily infirmity, they are not left as are the paupers of the North, to the cold charities of the world, for the necessaries of life; but public opinion and the laws of the land, compel their owners to make provision for their wants and to treat them with humanity and kindness. Here the white class is the ruling class. When we say our people are competent to the task of self-government, we mean white people. But it may be said, the paupers of the North, who participate in the government, are generally white people. This is admitted, but many of them are white people of the lowest menial class; so low that there is no class below them, and they lack not only intelligence but pride of character. Hence their votes are bought and sold in the market. With us every white man, whether native or of foreign birth, feels and knows that he belongs to the ruling class, and that there is a menial class of millions of persons entirely below him. This inspires him with pride of character which fits him to participate in the political affairs of the State. If there are individual exceptions to this rule, they are not sufficiently numerous to be severely felt, or to affect materially the results in the choice of rulers. Again, instead of perpetual conflict under our social system between capital and labor, we have the most perfect harmony. We have few capitalists who are not slaveholders. Each slaveholder has an interest not only in the day's labor, or the week's labor, but in the person of the laborer; in his flesh and his blood, his muscle and his bone;

in a word, the man is his. If, therefore, the labor of the man is worth one dollar per day, the man, himself, is worth one thousand to fifteen hundred dollars, and he who owns one hundred of these laborers is a rich man, and enjoys all the importance and position, which wealth gives in society. Reduce the price of labor to fifty cents per day, and you greatly reduce the value of the laborer in the market, and in like proportion, you reduce the value of the estate of the owner. If you reduce the price of labor to twenty-five cents per day, the laborer cannot, by his labor, comfortably support himself and family. In this case, as his labor is worth nothing to his owner, he is valueless, and the person who owns one hundred such laborers with the responsibilities attaching to the ownership, is not only poor, but has a heavy burden annexed to his poverty.

        As most of our slaves are owned by men of capital, and as capitalists, like other men, look to their interests, and as the value of the estate of each slave-holder depends upon the value of labor, it becomes the interest of the combined capital of the country to keep up the price of labor to sustain the value of property. The poor white laborer is also interested in keeping up the price of labor, as he has to work to support himself and family, and if he is intelligent and examines this question, he cannot fail to see that the surest way to keep up the price of his own labor, is to sustain the institution of slavery. If the labor of the negro is worth in the market one dollar per day, the labor of the white man is worth more, or certainly as much; and while the institution of slavery is maintained, every capitalist in the country who owns slaves, is interested in, and will use his influence to keep up, the value of labor, and the poor white man gets the influence of his more wealthy and powerful neighbor in sustaining the price of his labor. On the other hand, if slavery is abolished, it becomes in the South, as it now is in the North, the interest of the combined capital of the country to depress labor, and get it as low as possible, as the capitalist would then be no longer interested in the person of the laborer, and the value of his estate would be no longer dependent upon the price of labor.--The interest of the capitalist in the last case, would be to get labor low, and as the negro would, when free, be placed nearer a state of equality with the white laborer, and would have a right to make his own contracts, he would come into direct competition with the poor white laborer, and would soon under-bid him, and reduce the price of labor to as low a rate as would sustain life. This would bring ruin upon the poor white man, and degrade his family far below their present condition. It is very clear, therefore, while the institution of slavery exists, that it is the interest of the rich man to sustain the price of the labor of the poor white

laborer; and that it is, for the same reason, the interest of the poor white laborer to sustain and perpetuate the institution of negro slavery. In other words, the rich and poor are alike interested in sustaining slavery and in sustaining the price of labor. The slaves themselves are also interested, as they are more civilized, more christianized, and in a better condition than the like number of their race ever were in any other country or climate. If the price of labor is high, and the slave is worth a high price in the market, the owner has a heavy pecuniary interest in addition to the common sympathy of our nature to prompt him to treat the slave well, as his value to his owner depends upon the preservation of his life and health, and these depend much upon the manner in which he is clothed, and fed, and attended to in sickness.

        From the foregoing reflections, it naturally follows, that our whole social system is one of perfect homogeneity of interest, where every class of society is interested in sustaining the interest of every other class. We have all the harmonious elements necessary to the perpetuity of that republican and religious liberty bequeathed to us by our fathers; with none of the distracting and conflicting elements which must destroy both in the Northern States, and which have already precipitated the country into a bloody revolution, and attempted to hurl to the ground the fairest structure ever dedicated to Liberty on the face of the Globe. To sustain this priceless heritage is the highest earthly duty of the christian and the patriot. Ruthless and bloody hands have been laid upon it. To wrest it from them may cost hundreds of millions of treasure, and many thousands of the most invaluable lives of the South. But he who would stop to count the cost, would do well to ask himself what is my property worth when I am a slave? or, What is my life worth, if, by saving it, I must transmit a heritage of bondage to my children? If we are conquered, our property is confiscated, and we and our children are slaves to Northern avarice and Northern insolence. Sooner than submit to this, I would cheerfully expend in the cause the last dollar I could raise, and would fervently pray, like Sampson of old, that God would give me strength to lay hold upon the pillars of the edifice, and would enable me while bending with its weight, to die a glorious death beneath the crumbling ruins of that Temple of Southern freedom which has so long attracted the world by the splendor of its magnificence.

JOSEPH E. BROWN.

        On motion of Mr. Seward, one hundred copies of the Governor's Message was ordered to be printed for the use of the Senate.

        On motion the Senators proceeded to draw and choose their seats.

        On motion the Senate then adjourned until 10 o'clock tomorrow morning.

THURSDAY NOVEMBER 7th, 1861.
10 O'CLOCK, A. M.

        Senate met according to adjournment, and was opened with prayer by Rev. Mr. Brooks.

        Mr. Bell introduced a bill "to consolidate the offices of Tax Collectors and Receivers, of this State, and require the duties, thereof, to be discharged by one officer, to be styled Tax Receiver and Collector;" which was read the first time.

        Mr. Furlow introduced a bill to alter and amend an act entitled "an act, to change and alter the county lines between the counties of Dooly and Macon," assented to December 17th, 1860, and for other purposes, which was read the first time.

        Mr. Gordon introduced a bill to incorporate an Insurance Company in the city of Savannah, to be called "the Southern Insurance and Trust Company," which was read the first time.

        Mr. Hill introduced a bill to legalize the proceedings of the Inferior Court of Wilkes county, relative to levying taxes for the benefit of Volunteers and their families, and for other purposes, which was read the first time.

        Mr. Jackson introduced a bill to authorize the Receiver or Receivers appointed under the Sequestration Act of the Confenderate States, to bring suits on claims of alien enemies sequestered in any of the Courts of this State, and maintain all suits which are now pending in any of the Courts, and for other purposes, which was read the first time.

        Mr. Hill introduced "a bill for the relief of Gabriel Toombs," which was read the first time.

        Mr. Lewis introduced "a bill to amend the divorce laws of this State," which was read the first time.

        Also, "a bill to re-enact and keep in force until the first day of December, 1862, an act to grant relief to the Banks and people of this State, and for other purposes, passed in the year 1857; and an act to add a proviso to the fourth section of an act for the relief of the people and Banks of this State, passed 30th day of November, 1860, and to add an additional section to said act, the former of which acts was

passed in the House and Senate over the Governor's veto, by a Constitutional majority, November 30th, 1860, and the latter was assented to December 20th, 1860, which was read the first time.

        Mr. Lewis offered a resolution instructing the committee on Finance, in the House and Senate, to act as a Joint Committee for certain purposes, which was read.

        Mr. Mitchel introduced "a bill to assume and pay into the Treasury of the Confederate States of America, the taxes assessed or to be assessed, against the citizens of the State of Georgia, under an act of the Congress of the Confederate States, usually called the Confederate War Tax, and passed on the day of, 1861," which was read the first time.

        Also, "a bill to incorporate the Western and Atlantic Rail Road Company, and to sell and dispose of one-third of the stock of the Western and Atlantic Rail Road," which was read the first time.

        Mr. Brown introduced "a bill to authorize the Inferior Court of Marion county to levy a tax for the support of the Soldiers in the service of the Confederate States, and their families," which was read the first time.

        Mr. Seward introduced "a bill to incorporate the Planters' Insurance, Trust and Loan Commpany"--accompanied with a memorial--which was read the first time.

        Mr. Seward moved to print fifty copies of the same for the use of the Senate, which was agreed to.

        Mr. Stafford introduced "a bill to prevent trading with the enemy in time of war, either in this State or a part of any other State, which was read the first time.

        The following message was received from His Excellency the Governor, by Mr. Waters, his Secretary:

        Mr. President:--I am directed by the Governor to deliver to the Senate a communication in writing, with a number of sealed packages supposed to contain the returns of the late election for Governor.

        On motion of Mr. Hill, a committee consisting of three was appointed to convey to the House of Representatives the election returns.

        The President appointed, as said committee, Messrs. Hill, Echols and Anthony.

        Mr. Vason introduced "a bill to provide for the appointment of new assignees and trustees in certain cases," which was read the first time.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr. President:--I am instructed by the House of Representatives, to inform the Senate that this House will be ready to receive them in their Hall, this, day, at 11 o'clock

A. M., to count out and consolidate the election returns at the recent Gubernatorial election.

        On motion, the Senate repaired to the Representative Hall.

        The General Assembly then proceeded to count out and add the returns of the several counties of this State, upon which it appeared that Joseph E. Brown was duly elected Governor of Georgia for the ensuing two years, and was so declared by the presiding officer. The President and members of the Senate, then, on motion, repaired to their chamber.

        On motion of Mr. Hansell, the rules were suspended and a committee of three was appointed to join such committee as may be appointed on the part of the House of Representatives, to wait on His Excellency Joseph E. Brown, notifying him of his election, and request his acceptance of the same.

        The President appointed, on the part of the Senate, Messrs. Hansell, Vason and Stafford as such committee.

        Mr. Furlow introduced "a bill to make valid the doings and actings of Augustus B. Raiford and Sterling Glover as Deputy Sheriffs of the county of Sumter," which was read the first time.

        Mr. Bell offered a resolution instructing the Judiciary Committee of the Senate and House, to enquire into the power of the General Assembly to suppress speculation, monopoly and extortion, which was read.

        Mr. Gibson introduced "a bill to alter the time of holding the Superior Courts of the Middle District, and for other purposes," which was read the first time.

        Also, "a bill to empower and authorize the City Council of Augusta to fix the salary of city Judges," which was read the first time.

        Also, "a bill to amend an act to authorize the settlement of criminal prosecutions in certain cases," which was read the first time.

        Also, "a bill to make valid the proceeding of the Inferior Court of Richmond county, in providing for the indigent families of absent soldiers, and to authorize said Justices to raise money for that purpose," which was read the first time.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr. President:--I am instructed by the House of Representatives, to inform the Senate that they have appointed the Hons. Messrs. Tatum, Cochrane of Glynn, Briscoe, Cabaniss and Lester to join a similar committee, on part of of the Senate, to notify the Governor, elect, of his election, and to request his acceptance of the office to which he is elected and make arrangement for his inauguration.

        Mr. Hansell introduced "a bill to incorporate the Direct Trade and Banking Company of Georgia, and for other purposes," which was read the first time.

        Mr. Hansell moved to suspend the rules, for the purpose of offering a resolution, which was agreed to.

        Mr. Hansell offered the following resolution, which was taken up, read and agreed to.

        Resolved, That in view of the importance of the annual report of the Comptroller General of this State, accompanying the Governor's annual message, five hundred copies of said report be printed for the use of the Senate."

        Mr. Dyer offered a resolution relative to the amendment of the twenty-first rule of the Senate, which was read.

        Mr. Hansell, Chairman of the committe, appointed to notify the Governor of his election, reported that the committee had discharged their duty and received for answer that he accepts the office, and would be ready to attend in the Representative Chamber at twelve o'clock to-morrow, to take the oath of office prescribed by the Constitution of this State and of the Confederate States.

        On motion of Mr. Bell, a committee consisting of three was appointed to report rules for the government of the present session.

        The president appointed, as said committee, Messrs. Bell, Gibson and Gordon.

        On motion, the Senate then adjourned until 10 o'clock to-morrow morning.

FRIDAY NOVEMBER 8TH, 1861.
10 O'CLOCK A. M.

        Senate met according to adjournment, and was opened with prayer by the Rev. Mr. Talmage.

        Leave of absence was granted Mr. Gordon for a few days, on special business.

        The Senate took up the following bills, which were severally read the second time, and referred to the committee of the whole:

        "A bill to consolidate the offices of Receiver of tax returns and Collector of taxes in this State, and for other purposes."

        Also, "a bill to alter and amend an act entitled an act to change and alter the county lines between the counties of Dooly and Macon," assented to December 17th, 1860.

        Also, "a bill to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance and Trust Company.

        Also, "a bill to legalize the proceedings of the Inferior Court of Wilkes county relative to levying taxes for the benefit of Volunteers and their families, and for other purposes."

        Also, "a bill for the relief of Gabriel Toombs."

        Also, "a bill to amend the divorce laws of this State."

        Also, "a bill to re-enact and keep in force until the first day of December, 1862, an act granting relief to Banks and people of this State, passed in the year of 1857, and an act adding a proviso to the fourth section of an act for the relief of the people and banks of this State, passed 30th November, 1860, and to add an additional section to said act, the former of which acts was passed in the House and Senate, over the Governor's veto, by a Constitutional majority, November 30th, 1860, and the latter was assented to December 20th, 1860.

        Also, "a bill to authorize the Inferior Court of Marion county to levy a tax for the support of the Soldiers, in the Confederate States, and their families."

        Also, "a bill to prevent trading with the enemy in time of war."

        Also, "a bill to make valid the doings and actings of Augustus B. Raiford and Sterling Glover, as Deputy Sheriffs of the county of Sumter."

        Also, "a bill to empower and authorize the City Council of Augusta to fix the salary of city Judge."

        Also, "a bill to amend an act to authorize the settlement of Criminal prosecutions in certain cases, and for other purposes."

        Also, "a bill to alter and fix the times of holding the Superior Courts of the middle District, and for other purposes."

        Also, "a bill to make valid the proceedings of the Justices of the Inferior Court of Richmond county, in providing for the indigent families of absent Soldiers, and to authorize said Justices to raise money for that purpose."

        Senate took up the following bills, which were severally read the second time and referred to the committee on the Judiciary:

        "A bill to authorize the Receiver or Receivers, appointed under the Sequestration act of the Confederate States, to bring suits on all claims of alien enemies in any of the Courts of this State and to maintain all suits which are now pending, and for other purposes."

        Also, "a bill to provide for the appointment of new Assignees and Trustees in certain cases."

        Senate took up the following bills which were severally read the second time and referred to the committee on Finance."

        "A bill to assume and pay into the Confederate States of

America the taxes assessed or to be assessed against the citizens of Georgia, under an act of said Confederate States, usually called the Confederate war tax."

        Also, "a bill to incorporate the Western & Atlantic Rail Road Company, and to sell and dispose of one-third of the stock of the Western & Atlantic Rail Road."

        On motion, one hundred copies of the same were ordered to be printed for the use of the Senate.

        Senate took up the following bill which was read the second time and referred to the committee on Agriculture:

        "A bill to incorporate the Direct Trade & Banking Company of Georgia, and for other purposes."

        Senate took up the following bill which was read the second time and referred to a special committee of three:

        "A bill to incorporate the Planters' Insurance Trust & Loan Company."

        The President appointed Messrs. Seward, Hansell and Vason as such committee.

        The following resolution, previously offered, was taken up, read and agreed to:

        Resolved, That the committee on Finance of the Senate and House of Representatives, be instructed to act as a joint committee, and report appropriate bills so soon as it may be practible to the House of Representatives (where alone such bills can originate) upon the following subjects, to-wit:

         1st. Authorizing the Inferior Courts of the several counties in this State, to levy such extra tax as may be necessary to defray the expenses said counties have incurred in raising and equiping companies for the war, and providing for the families of said companies.

         2d. Providing for the equalization of said burthens throughout the State, so that each county may bear its pro rata share of said burthens.

         3d. Authorizing and requiring the assumption by the State, of the existing Confederate war tax.

        Mr. Boyd offered a resolution relative to retrenchment and reform and the appointment of a joint committee to take into consideration the propriety of reducing the salaries of the principal officers of this State, and to assess the per diem pay of members of the Legislature, which was read.

        The following resolution was taken up, read and agreed to:

        Whereas, a system of speculation monopoly and extortion, in many articles absolutely necessary to subsistence of the people, is now being practiced in the State by selfish, base and unprincipled persons, in violation of the common dictates of humanity and patriotism.

        Be it, therefore, resolved, That the Judiciary Committees

of the Senate and House of Representatives jointly be, and they are hereby instructed to enquire into the power of the General Assembly, to suppress such speculations monopoly and extortion, and report by bill or otherwise as early as practicable, the most effectual means of accomplishing such suppression.

        On motion of Mr. Smith, the Senate took up the following resolution, which had been previously offered:

        Resolved, as a sense of the Senate, that no other or more Clerkships shall be recognized or paid, than the following:

        A Secretary and assistant Secretary, a Journalizing Clerk, a reading Clerk, and an engrossing and enrolling Clerk.

        Mr. Vason moved to amend the same by adding the following:

        "Except such as may be engaged by any of the committees of the Senate, with the consent of this body," which was agreed to.

        Mr. Hansell moved, further, to amend the resolution by adding the following:

        "Unless authorized by the Senate," which was agreed to.

        The resolution, as amended, was then agreed to.

        On motion, the President and members of the Senate repaired to the Representative Chamber, and being seated, the Governor elect, the Hon. Joseph E. Brown was introduced by the joint committee and attended by the State House officers and other distinguished citizens, when he addressed the General Assembly and took the oath prescribed by the Constitution of the State and of the Confederate States.

        The Governor, attended by the committee, having withdrawn, the President and members of the Senate retired to their chamber.

        Mr. Bell, from the committee, appointed to report permanent rules for the government, reported the rules of the last Senate with the following amendment thereto, to-wit:

        Striking out in the 12th rule the words "two members," and inserting in lieu thereof, the words "one fifth of the members present."

        Also, striking out the 13th and 14th rules of the former Senate, and in the 21st rule, striking out the words "on amendments to the Constitution," also, striking out the 26th rule of the last Senate.

        Mr. Vason moved to amend the same, by inserting in the tenth rule, after the word "question," the words "as amended," which was agreed to.

        Mr. Mosely moved, further, to amend by adding the following:

        "No member shall read newspapers or other documents during the reading of bills or resolutions," which was lost.

        The report of the committee, as amended, was then

agreed to, and one hundred copies of the same, together with the names of the Standing Committees, were ordered to be printed for the use of the Senate.

        The following message was received from the House of Representatives, by their Clerk, Mr. L. Carrington:

        Mr. President:--I am directed by the House of Representatives, to inform the Senate that they have elected the Hon. Peter E. Love, of the county of Thomas, their Speaker "pro tempore."

        On motion of Mr. Dyer, the Senate then adjourned until 10 o'clock to-morrow morning.

SATURDAY NOVEMBER 9TH, 1861.
10 O'CLOCK A. M.

        Senate met according to adjournment, and was opened with prayer by Rev. Mr. Adams.

        The President announced the following Standing Committees:

        On Privileges and Elections--Messrs. Brown, Fletcher, Anthony, Griffin, Jamison, Swearengen and King.

        On Petitions--Messrs. Hill, Lane, McRea, James Hilliard, Alexander and Stephens.

        On Enrollment--Messrs. Dyer, Fort, Gaston, Bothwell, Smith and Ware.

        On Journals--Messrs. Bell, Killen, Winn, Wright, Thomas and Hilliard.

        On the state of the Republic--Messrs. Gibson, Bell, Furlow, Seward, Brown, Gordon, Vason and Kendall.

        On the Judiciary--Messrs. Seward, Vason, Stafford, Lewis, Hansell, Bell, Boyd and Jackson.

        On Finance--Messrs. Lewis, Mitchell, Hansell, Moseley, Stafford, Dyer, Shewmake and Brown.

        On Internal Improvements--Messrs. Furlow, Gordon, Beasley, Vason, Shewmake, Stephens and Winn.

        On Public Education and Free Schools--Messrs. Echols, Anthony, Fort, Dyer, Lane, King, Gaston and Boyd.

        On Banks--Messrs. Gordon, Hansell, Gibson, Brown, Hill, Stafford and Mitchell.

        On new Counties and County lines--Messrs. Smith, Simmons, Ware, Wright and Griffin.

        On the Penitentiary--Messrs. Alexander, Boyd, Echols, Lane, James Hilliard, Kendall and Jackson.

        On the Lunatic Asylum--Messrs. Kendall, Echols, Fort, Furlow, Anthony, Harris and Bothwell.

        On the Military--Messrs. Killen, Smith, Seward, Swearengen, Thomas Hilliard, King, Gaston and Vason.

        On Printing--Messrs. Moseley, Harris, Simmons, McRae, Fletcher, Shewmake and Ware.

        On Deaf and Dumb Asylum--Messrs. Beasley, Lewis, Simmons, Mitchell, Stafford, Boyd and Alexander.

        On the Institute for the Blind--Messrs. Winn, Bothwell, Seward, Gibson, Killen, Moseley and Wright.

        On Agriculture--Messrs. Harris, Furlow, Hill, Beasley, Dyer Jamison and Lane.

        Auditing Committee--Messrs. Stephens, Swearengen and Griffin.

        Engrossing Committee--Messrs. Jackson, Fletcher, Fort, McRae, and Thomas Hilliard.

        Mr. Bell introduced a bill to prevent, during the existing war, monopoly and speculations in breadstuff and other articles of general use and consumption, which was read the first time.

        Mr. Boyd introduced a bill to consolidate the offices of Secretary of State, Surveyor General and State Librarian, and require one person to perform all the duties of said offices, which was read the first time.

        Also, a bill to amend the seventh Section of the act entitled an act to lay out and incorporate the Dawson Turnpike Road Company, assented to December 6th 1860, which was read the first time.

        Also, a bill to incorporate the town creek and Ralston Branch Hydraulic Hose Mining Company, which was read the first time.

        Mr. Brown introduced a bill to amend the charter of the Georgia Home Insurance Company, assented to on 12th December, 1859, which was read the first time.

        Mr. Dyer offered a resolution requesting our Representatives in the Confederate Congress to make certain alterations relative to the Sequestration act, which was read and referred to the committee on the State of the Republic.

        Mr. Furlow introduced a bill to direct and empower the Inferior Court of Sumter county, or a majority thereof, to levy, collect and disburse an extraordinary tax for the support of the indigent families of such soldiers from Sumter county, who are now or may hereafter be absent in the State or Confederate military service, and for other purposes connected therewith, which was read the first time.

        Mr. Gibson introduced a bill to exempt practicing physicians in Jefferson county from road and jury duty, which was read the first time.

        Also, a bill to authorize the City Council of Augusta to issue one hundred thousand Treasury Notes, and for other purposes, which was read the first time.

        Mr. Hansell introduced a bill amendatory of the act requiring the Judges of the Superior Courts to give their charges to Juries in writing, which was read the first time.

        Also, a bill to amend the act of 11th December, 1858, compelling the Judges of the Superior Courts to hold adjourned Courts, which was read the first time.

        Also, a bill amendatory of the act, assented to December 17th, 1860, providing for the trial of causes in the Superior Court when the Judge presiding is incompetent, and for other purposes, which was read the first time.

        Also, a bill to incorporate the Georgia Mutual Insurance Company, which was read the first time.

        Mr. Hill introduced a bill to legalize and make valid the action of the Inferior Court of Columbia county, in levying an extra tax for the equipment of the volunteers of said county, and for other purposes, which was read the first time.

        Also, a bill to legalize and make valid the action of the Inferior Court of Lincoln county, in levying an extra tax for the equipment of the volunteers of said county and the relief of their families, which was read the first time.

        Mr. James Hilliard introduced a bill to direct and empower the Inferior Courts of Stewart and Webster counties to levy, collect and disburse an extraordinary tax for the support of indigent families of such soldiers as have gone, or may hereafter go into the service of the Confederate States or the State of Georgia, and for other purposes, which was read the first time.

        Mr. Jackson introduced a bill to repeal the third Section of an act, approved February 20th, 1854, entitled an act to change and simplify the practice and pleadings in this State, and to provide for the service of writs scirefacias in certain cases, and to regulate the admission of testimony in certain cases, which was read the first time.

        Mr. Kendall introduced a bill to change the line between the counties of Chattahoochee and Talbot, which was read the first time.

        Mr. King introduced a bill to amend an act in relation to the road laws of Camden county, which was read the first time.

        Mr. Lewis introduced a bill to authorize Elmira Mathews, a free person of color, to sell herself into perpetual slavery, which was read the first time.

        Mr. Mitchell introduced a bill to protect the estates of married women, and for other purposes, which was read the first time.

        Also, a bill to amend the laws incorporating the city of Rome in Floyd county, and enlarge the powers of the City Council of Rome in relation to granting license to retail spirituous liquors, which was read the first time.

        Mr. Moseley introduced a bill to reduce the salaries and fees of all officers, civil and judicial, in this State, which was read the first time.

        Also a bill to allow the Tax Collectors of this State further

time to settle with the Treasurer, which was read the first time.

        Mr. Seward introduced a bill to incorporate the Cotton Planters' Bank of Georgia, which was read the first time.

        On motion, fifty copies of the same was ordered to be printed for the use of the Senate.

        Mr. Shewmake introduced a bill to legalize the proceedings of the Inferior Court of Burke county relative to levying taxes for the benefit of volunteers and their families, and for other purposes, which was read the first time.

        Mr. Smith introduced a bill amendatory of an act in relation to the Public Printer, which was read the first time.

        James R. Lawhon and S. W. Bloodworth were sworn by the President as Enrolling and Engrossing Clerks.

        The following message was reeeived from the House of Representatives by their Clerk, Mr. Carrington:

        Mr. President:--I am instructed by the House of Representatives to inform the Senate that they have adopted a resolution instructing the Judiciary Committee of the House, to unite with a similar committee on the part of the Senate, to inquire into the power of the General Assembly, to suppress speculations, monopoly and extortions, and to report by bill or otherwise.

        Senate took up as the report of the committee of the whole,

        A bill to consolidate the offices of Receiver of tax returns and Collector of taxes in this State, and to require the duties thereof, to be discharged by an officer to be styled Tax Receiver and Collector.

        Mr. Griffin moved to amend the report by exempting the counties of Lowndes and Berrien, which was lost.

        Mr. Thomas Hilliard moved, further, to amend the report by exempting the county of Clinch, which was lost.

        Mr. Fletcher moved, further, to amend the report by exempting the county of Tatnall, which was lost.

        Mr. Furlow moved, further, to amend the report by offering the following as a substitute, in lieu of the original bill, to-wit:

        A bill to consolidate the offices of Tax Receiver and Collector, which was lost.

        Mr. Vason moved, further, to amend the report by adding the following proviso:

        Provided no Collector shall receive more than fifteen hundred dollars, which amendment was accepted.

        Mr. Jackson moved, further, to amend the report by adding the following:

        And not less than three hundred dollars in all counties having eight hundred voters, which was lost.

        Mr. Jackson moved, further, to amend the report by adding the following proviso:

        Provided no Collector shall receive less than three hundred dollars, which was lost.

        The report was agreed to, the bill was read the third time and passed.

        Senate took up as the report of the committee of the whole,

        A bill to alter and amend an act entitled an act to change and alter the county lines between the counties of Dooly and Macon, assented to December 17th, 1860, and for other purposes.

        The report was agreed to, the bill was read the third time and passed.

        Senate took up as the report of the committee of the whole,

        A bill to legalize the proceedings of the Inferior Court of Wilkes county relative to levying taxes for the benefit of volunteers and their families, and for other purposes.

        On motion, the same was referred to the joint committee on Finance.

        Leave of absence was granted Mr. Gibson for a few days, on special business.

        On motion of Mr. Gibson, the rules were suspended, and the Senate took up as the report of the committee of the whole,

        A bill to alter the times for holding the Superior Courts in the middle District, and for other purposes.

        The report was agreed to, the bill was read the third time and passed.

        Mr. Echols offered the following resolution, which was taken up, read and agreed to:

        Resolved, That a committee of three be appointed, on the part of the Senate, to meet a similar committee on the part of the House, to make arrangements for observing the 15th day of November as a fast day agreeable to the proclamation of the President of the Confederate States.

        In pursuance of which, the President appointed Messrs. Echols, Moseley, and Boyd.

        On motion, the Senate then adjourned until 10 o'clock Monday morning.

MONDAY, NOVEMBER 11TH, 1861,
10 O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened by prayer by Rev. Dr. Talmage.

        The following message was received from the House of Representatives by Mr. Carrington their Clerk, viz:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they have concurred in the Senate resolution requiring the Judiciary Committee to inquire into the power of the General Assembly to suppress speculations, monopoly and extortion, and to report a bill, &c.

        Also, have concurred in the Senate resolution that the Committees on Finance of the Senate and House of Representatives be instructed to act as a joint committee and report appropriate bills to the House of Representatives upon the subjects of authorizing the Inferior Courts of the several counties in this State to levy and equalize an extra tax to defray the expenses of said counties incurred in raising and equipping companies for the war, and providing for the families of said companies and authorizing and requiring the assumption by the State of the existing Confederate war tax.

        Also, a resolution in relation to reducing the salaries of all the principal public officers of this State, and have appointed for this purpose as a committee from the House of Representatives Messrs. Smith, of Brooks, Lester, DuBose, Cochran, of Glynn, and Hester.

        The following message was received from the House of Representatives by Mr. Carrington their Clerk:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they have adopted a resolution in relation to a change of the Great Seal of the State, and have appointed as such committee on part of the House Messrs. Lester, of Cobb, and Bigham, of Troup.

        Mr. J. H. Patrick, Senator elect from the 31st District, appeared and was sworn in by the President, and took his seat.

        Mr. Jackson moved to reconsider a bill to consolidate the offices of Receiver of Tax Returns and Collector of taxes in this State and to require the duties thereof to be discharged by one officer to be styled Tax Receiver and Collector. The motion to reconsider was lost.

        On motion of Mr. Seward the rule was suspended, and he offered the following resolution:

        Resolved, By the Senate that from and after Thursday next no new matter shall be introduced, except such as shall relate to the public credit and providing the means for the military defence of the country; which was read.

        Mr. Mitchell moved to suspend the rules for the purpose of introducing the following resolution. The rule was suspended and the resolution as follows introduced:

        Resolved, By the Senate, the House of Representatives concurring, that the General Assembly will meet in the Hall of the House of Representatives on to-morrow, Tuesday, the 12th inst., at 12 o'clock meridian, for the purpose

of electing two Senators to represent the State of Georgia in the Congress of the Confederate States of America.

        A motion to take up the resolution was lost.

        The rule being suspended Mr. Harris introduced a bill to authorize the Governor of this State to raise and equip--thousand of cavalry, and--thousand of infantry for the military service of this State, which was read the first time.

        The rule being suspended for that purpose the resolution from the House for the appointment of a special committee on reduction was taken up.

        Mr. Lewis offered the following amendment "and to request our members in Congress to use their influence to have the salaries of officers of the Confederate government both civil and military reduced," which was agreed to.

        The resolution as amended was then concurred in by the Senate.

        The Senate took up as the report of the committe of the whole, a bill to be entitled An Act for the relief of Gabriel Toombs. The report was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole, a bill to be entitled An Act to amend the Divorce laws of this State, which was, after discussion, on motion of Mr. Beall referred to the Juciciary Committee.

        The Senate took up as the report of the committee of the whole, a bill to be entitled An Act to re-enact and keep in force until the first day of December, 1862, the following Acts to-wit: An Act to grant relief to the Banks and people of this State, and to repeal certain clauses of the Act entitled "An Act to provide against the forfeiture of the several Bank charters in this State, on account of the non-specie payment for a given time and for other purposes, passed in the year 1857, and to suspend the pains and penalties imposed upon the several Banks and their officers, in this State, for the non-payment of specie, and for other purposes, also, An Act to add a provision to the 4th Section of An Act entitled An Act for the relief of the people and Banks of this State, and for other purposes, passed on the 30th of November, 1860, and to add an additional Section to the said Act. The former of which Acts was passed in the House and Senate over the Governor's veto by a Constitutional majority, November 30th, 1860, and the latter was assented to December the 20th, 1860.

        Mr. Furlow offered the following amendment:

        Provided, That no person shall be permitted to claim and receive the benefits of this Act until he shall have paid all costs of Courts together with the usual jury fees, unless the defendant is in the military service of the country.

        Mr. Vason offered the following amendment:

        Provided, No chartered Bank shall enjoy the privilege of this Act that shall refuse to receive the Treasury notes of the Confederate States at par.

        Mr. Ware offered the following amendment:

        No suit shall be commenced against any debtor, and that no cost be collected out of defendants, and that the Statute of limitations cease.

        On motion of Mr. Moseley the bill with the several amendments were referred to the Judiciary Committee.

        The Senate took up as the report of the committee of the whole, a bill to be entitled An Act to prevent trading with the enemy in time of war. On motion of Mr. Stafford the bill was referred to the Committee on the Judiciary.

        The following message was received from His Excellency the Governor by Mr. Waters his Secretary, to-wit:

        Mr. President: I am directed by His Excellency the Governor, to deliver to the Senate a communication in writing.

        On motion the communication was read as follows:

Executive Department,
Milledgeville, Nov. 11th, 1861.

        To the Senate:--I have appointed George P. Harrison, a Brigadier General, under the Act of the Legislature assented to 18th December, 1860, to command the first Brigade of Georgia Volunteers for the defense of the State; and I have appointed Francis W. Capers a Brigadier General to command the second Brigade. I respectfully ask the advice and consent of the Senate in confirmation of these appointments.

JOSEPH E. BROWN.

        The Senate took up as the report of the committee of the whole a bill to be entitled An Act to authorize the Inferior Court of Marion county to levy a tax for the support of the soldiers in the Confederate States and their families, which on motion was referred to the joint Committee on France.

        The Senate took up as the report of the committee of the whole a bill to be entitled An Act to make valid the doings and actings of Augustus B. Raiford and Sterling Glover as Deputy Sheriffs of the county of Sumpter. The report was agreed to, the bill was read the third time and passed.

        On motion the following bills were passed over on account of the absence of Mr. Gibson:

        A bill to empower and authorize the City Council of Augusta to fix the salary of City judge.

        A bill to amend An Act to authorize the settlement of criminal prosecutions in certain cases.

        A bill to make valid the proceedings of the Inferior Court and for other purposes.

        The following bill was taken up and read the second time, to-wit:

        A bill to be entitled An Act to prevent during the existence of the war, monopolies and speculations in breadstuffs and other articles of general use and consumption. Fifty copies ordered to be printed, and on motion of Mr. Bell referred to the Judiciary Committee.

        Mr. Dyer from the committee on Enrollment, reported as duly enrolled and ready for signature a resolution against unjust speculation monopoly and extortion.

        The following bills were taken up, read the second time and severally referred to the committee of the whole:

        A bill to be entitled An Act to incorporate the Town Creek & Ralston Branch Hydraulic Hose Mining Company.

        Also, a bill to exempt practising physicians in Jefferson county from road and jury duty.

        Also, a bill to authorize the City of Augusta to issue one hundred thousand dollars in Treasury notes.

        Also, a bill to amend the Act of the 11th December, 1858, compelling the Judges of the Superior Courts to hold adjourned terms in every county within their Circuits where the business requires until the Docket is cleared, and for other purposes.

        Also, a bill to amend the charter of the "Georgia Home Insurance Company," granted on the 12th December, 1859.

        Also, a bill ameudatory of the Act requiring the Judges of the Superior Courts to give their charges to juries in writing, &c., &c.

        The following bills were taken up, read the second time and referred to the Committee on the Judiciary:

        A bill amendatory of the Act assented to 17th December, 1860, providing for the trial of causes in the Superior Court where the Judge presiding is incompetent, and to provide against the failure of a Court by reason of the non-attendance of a Judge.

        Also, a bill to be entitled An Act to consolidate the offices of Secretary of State, Surveyor General and State Librarian, and require one person to perform all the duties of said offices.

        The following bill was taken up, read the second time and ordered to be engrossed:

        A bill to be entitled An Act to amend the seventh section of the Act entitled An Act to lay out and incorporate the Dawson Turnpike Company, assented to December 6th, 1860.

        The following bill was taken up, read the second time and referred to the joint Finance Committe, to-wit:

        A bill to be entitled An Act to direct and empower the Inferior Court of Sumpter county, or a majority thereof, to levy, collect and disburse an extraordinary tax for the support of the indigent families of such soldiers from Sumpter

county who are now or may hereafter be absent in the State or Confederate military service, and for other purposes connected therewith.

        The Senate then went into secret Executive session, and after remaining therein for sometime, again resumed its regular business.

        On motion of Mr. Brown the rule was suspended and he offered the following resolution:

        Resolved, That the Secretary be authorized to employ two additional assistants in each of the Engrossing and Enrolling departments as he may deem the same necessary.

        Which was read.

        On motion of Mr. Hansell the Senate then adjourned until 9 o'clock, to-morrow morning.

TUESDAY, NOVEMBER 12TH, 1861,
9 O'CLOCK A. M.

        The Senate met according to adjournment, and was opened with prayer by the Rev. Mr. Brooks.

        Mr. Furlow moved to reconsider so much of the Journals of yesterday as relates to the reference of the following bill to the joint committee, to-wit:

        A bill to be entitled an act to direct and empower the Inferior Court of Sumter county, or a majority thereof, to levy, collect and disburse an extraordinary tax for the indigent families of such soldiers from Sumter county who are now, or may hereafter, be absent in the State or Confederate military service, and for other purposes connected therewith.

        The motion to reconsider prevailed.

        Mr. Furlow then moved that the bill be engrossed, which motion was passed.

        Mr. Lewis moved to suspend the rule in order to take up certain bills passed over on account of the absence of Mr. Gibson.

        The rule was suspended.

        On motion of Mr. Dyer, leave of absence was granted to Mr. Mitchell, the Senator from Floyd.

        On motion of Mr. Brown leave of absence was also granted to Mr. Hilliard of Stewart.

        The following bill was then taken up as the report of the Committee of the Whole, to-wit:

        A bill to be entitled an act to authorize the City Council of Augusta to fix the salary of the Judge of the City Court of said City.

        The report of the committee was agreed to. The bill was read the third time and passed.

        The Senate also took up as the report of the Committee of the Whole,

        A bill to be entitled an act to make valid the proceedings of the Justices of the Inferior Court of Richmond county in providing for the indigent families of absent soldiers, and to authorize said Justices to raise money for that purpose.

        Mr. Lewis offered the following amendments, to-wit:

        In second section strike out "on the digest of 1862."

        At the end of second section add "during the war."

        The amendments were adopted, and the bill as amended was read the third time and passed.

        Mr. Anthony introduced the following bill:

        A bill to be entitled an act to relieve Wm. B. Taylor, of the State of Florida, nominated Executor of Henry L. Taylor, deceased, from legal disability, on account of his non-residence, and for other purposes.

        Which was read the first time.

        Mr. Anthony also introduced the following resolution:

        WHEREAS, our people, in many portions of Georgia suffer not only great inconvenience, but in many cases are compelled to sumbit to large sacrifices by reason of the exceeding scarcity of specie change,

        Resolved, Therefore, that the Finance Committee of the Senate, with the same Committee of the House of Representatives, be instructed to investigate the matter, with a view of relieving the necessities of the people, and that they report by bill or otherwise, upon the expediency of allowing the issue of change bills.

        Which was read.

        Also, the resolution following, to-wit:

        Resolved, That the Committee on Finance be instructed to enquire into the number of officers, deputies, clerks, and employees, receiving compensation from the public in the cities of Savannah, Augusta, Atlanta, Macon, Columbus, Dalton, Rome, Athens, Milledgeville, Americus, Albany, Cuthbert, Brunswick, Thomasville, and such other cities and corporate towns as they may see proper, with a view to ascertaining how many officers, &c., should be dispensed with; how many should be consolidated, and how much the pay of such corporate officers should be reduced.

        2d. This resolution shall extend to and embrace all officers and others distinct from the military in the pay of the State.

        3d. The committee shall have power to compel the appearance of witnesses and the production of books and papers.

        4th. That the Committee on Military Affairs report upon the expediency of reducing the pay of military officers in the pay of the State, and increasing the pay of the private soldiers.

        Which was read.

        Mr. Boyd introduced the following bill, to-wit:

        A bill to be entitled an act to incorporate Turner Mountain Copper Mining Company, which was read.

        Mr. Dyer introduced the following bill:

        An act to prevent the peddling of spirituous liquors in the county of Jasper; which was read the first time.

        Mr. Seward, from the Judiciary Committee, made the following report:

        Mr. President: The Judiciary Committee to whom was referred sundry bills, have, according to order, had the same under consideration, and have directed me to report the same as follows:

        "A bill to re-enact the stay laws," I am directed to report back, with the recommendation that two substitutes be adopted, separating the two distinct subjects matter of legislation, so as to include in the one substitute the subject concerning the banks, and in the other, the subject relating to the relief of the people by the stay of judgments and executions, with a recommendation that the two substitutes in the nature of amendments do pass.

        I am also directed to report the following back, without amendments, to-wit:

        "A bill to be entitled an act to prevent trading with the enemy in time of war," with the recommendation that the same do pass.

        I am directed also to report back,

        A bill to be entitled an act to amend the divorce laws of the State, with an amendment: Insert in the 7th line, 1st section, after the word "plaintiff," the words "at the time of the separation," with a recommendation that the said bill as amended do pass.

        I am also directed to report back,

        A bill to be entitled an act to provide for the appointment of new Trustees in certain cases, with an amendment to the first section of said bill, at the close of, and as a part of, said section, thus: Said Court being hereby authorized in his discretion to require bond and security of such Assignee or Trustee--with a recommendation that, with said amendment, said bill do pass.

        Mr. Jackson, from the Committee on the Judiciary, made the following report:

        Mr. President: I am instructed by the Judiciary Committee,

to whom was referred the following bill, to report the same back to the Senate, and recommend its passage,

        A bill to be entitled an act to authorize the Receiver or Receivers appointed under the Sequestration act of the Confederate States to bring suits on claims of alien enemies sequestrated in any of the Courts of this State, and maintain suits now pending in any of the Courts of this State, and for other purposes.

        Mr. Fletcher introduced the following bills:

        An act to confer certain powers and impose certain duties upon the Inferior Court of Tatnall county, and to provide for the collection by taxation of money to aid and assist the Volunteer company or companies now raised or being raised in said county, and to afford such aid to the families of the soldiers absent as be compatible with the resources of the citizens of said county; which was read the first time.

        Also, an act to make valid and legal the acts of the Deputy Ordinary or Clerk of the Ordinary, of Tatnall county, in the absence of the Ordinary; which was read the first time.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they have appointed Messrs. Hester, Hook, and Smith, of Brooks, a committee to act in concert with a similar committee on the part of the Senate to make preparations for observing Friday next, the 15th day of November, as a day of fasting and prayer, in accordance with the proclamation of his Excellency the President of the Confederate States of America.

        Mr. Furlow introduced the following bills:

        A bill to be entitled an act to allow Clerks elect of our county Courts longer time in which to qualify in certain cases, and for other purposes; which was read the first time.

        Also, a bill to be entitled an act to alter and amend an act to incorporate the city of Americus, and to alter and amend an act to incorporate the town of Americus, in the county of Sumter, and for other purposes; which was read the first time.

        Mr. Griffin introduced a bill to be entitled an act for the relief of Solomon Newson, of Lowndes county, and for other purposes; which was read the first time.

        The rule being suspended, Mr. Harris offered the following resolution:

        Resolved, That the message of his Excellency the Governor, and the accompanying documents, be and the same is hereby referred to the appropriate Standing Committees.

        The resolution was taken up and agreed to.

        Mr. King introduced a bill to be entitled an act to legalize and make valid the sale by herself of a certain free woman of color therein named into a state of slavery; which was read the first time.

        Mr. Lane introduced a bill to be entitled an act to legalize and make valid certain acts and proceedings of the Inferior Courts of the counties of Walker, Catoosa, and Dade, in equipping and furnishing the Volunteer companies from said counties entering the service of the Confederate States and of this State, and to confer upon said Courts certain powers for like objects in future, and for other purposes; which was read the first time.

        Mr. Lane also introduced the following resolution, which was read, and referred to the Finance Committee:

        Resolved, That it is the opinion of the Senate that a tax ought to be levied upon every gallon of spirituous liquors made or distilled from corn, wheat, rye, potatoes, or other article or articles of bread stuffs, or that is used as common articles of diet among our people, as shall be sufficient to prohibit the same during the war and blockade, the proceeds thereof to be applied to the support of the families of our Volunteers now in the service of the Confederate States and of this State, or who may hereafter enter said service.

        Mr. Lewis introduced a bill to be entitled an act amendatory of an act relative to continuances in certain cases therein named, approved the 9th February, 1854; which was read the first time.

        Mr. Moseley introduced the following bills, which were read the first time, to-wit:

        A bill to be entitled an act to authorize Charles H. Johnson, Administrator on the estate of George Dugan, late of Spalding county, to sell the lands of said estate on the first day of December next.

        Also, a bill to be entitled an act to authorize the Judges of the Superior Courts in this State, on application of any woman for alimony, who may be sued by husband for divorce, to hear testimony and determine whether she is in justice entitled to it or not.

        Also, a bill to be entitled an act to legalize the proceedings of G. J. Green, Deputy Ordinary in Spalding county.

        Mr. Swearingen introduced the following bills, which were read the first time, to-wit:

        A bill to be entitled an act to alter and make uniform the present statutes of this State in regard to the payment of Grand and Petit Jurors, and for other purposes.

        Also, a bill to be entitled an act to repeal an act entitled

an act to authorize and require the Justices of the Inferior Court of Decatur county to order the payment of the Superintendents, Clerks, and those who consolidate returns of elections of said county, for their services.

        Also, a bill to be entitled an act to abolish imprisonment for debt in certain cases.

        Mr. Hansell introduced a bill to be entitled an act to add an additional section to the Penal Code of Georgia.

        The rule being suspended, Mr. Seward moved to take up the report of the Judiciary Committee; which was agreed to.

        The following substitute to-wit:

        A bill to be entitled an act to continue in force the 4th section of an act passed over the Governor's veto on the 30th day of November, 1860, entitled an act to provide against the forfeiture of the several bank charters of this State, on account of non-specie payment for a given time, and for other purposes, passed in the year 1857; and to suspend the pains and penalties imposed upon the several banks and their officers in this State for non-payment of specie, and other purposes; and, also,

        An act to add a proviso to the 4th section of an act entitled an act for the relief of the people and banks of this State, and for other purposes, passed on the 30th November, 1860; and to add an additional section to said act, assented to the 20th December, 1860; which was offered in lieu of the original biil, which was read a third time, as a substitute, and passed.

        The following substitute, reported by the same committee, was then taken up and recommended to the same committee:

        A bill to be entitled an act to re-enact and continue in force the first, second and third sections of an act to grant relief to the banks and people of this State, and to repeal certain clauses of the act entitled an act to provide against the forfeiture of the several bank charters in this State on account of the non-specie payment for a given time, and for other purposes, passed in the year 1857; and to suspend the pains and penalties imposed upon the several banks and their officers in this State for the non-payment of specie, and for the other purposes, passed over the Governor's veto November the 30th, 1860.

        Also, a bill to be entitled an act to authorize the Receiver or Receivers appointed under the Sequestration act of the Confederate States to bring suits on all claims of alien enemies sequestrated in any of the Courts of this State, and to maintain all suits which are now pending in any of the Courts, and for other purposes.

        Mr. Vason offered the following amendment, to come in at the end of the last line of the first section:

        The Court in which the judgment may be rendered shall have discretionary power as to taxing the cost according to the equities of each case; which was agreed to.

        The report as amended was agreed to. The bill was read the third time and passed.

        A bill to prevent trading with the enemy in time of war, either in this State or at a port in any other State, was taken up, the report was agreed to, taken up the third time and passed.

        Also, the bill to be entitled an act to amend the divorce laws of this State, with the amendment reported by the committee.

        The report was agreed to: the bill read the third time and passed.

        Also, a bill to be entitled an act to provide for the appointment of new Trustees in certain cases, with an amendment.

        The report was agreed to; the bill read the third time and passed.

        On motion of Mr. Hansell, a bill to be entitled an act to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance and Trust Company, was taken up.

        Mr. Hansell offered the following amendment:

        To strike out the words "not paid up," in the fifth line of the seventh section, and to strike out the words "the city of Savannah," and insert in lieu thereof "any city of Georgia, in the discretion of said Company."

        Also, an additional section, as follows:

        No rules, by-laws, or regulations of said Company shall conflict with the laws or constitutions of the Confederate States of America, or of the State of Georgia; which bill, with the amendments, on motion of Mr. Hansell, was referred to the Committee on Banks.

        Mr. Seward, from the special committee, to whom was referred the bill to incorporate the Planters' Insurance and Trust Company, report the same with the following amendments:

         1st. To come in at the end of the first section, "Provided said Company shall not hold in this State, at any time, more real estate than may be necessary for the convenient transaction of business, unless it be purchased bona fide in payment of debts.

         2d. Insert in the 3d section the names of Wm. Moughon, Nathan McGehee, J. I. Whitaker, and Augustus Seaborn Jones, as commissioners.

         3d. Insert in the same section, after the words "Directors of the said Company," the words "three-fourths of whom shall be citizens of the Confederate States."

        In the same section, instead of "any person holding bills for an amount of five hundred dollars," insert "and if the said Company shall, upon demand, fail to redeem the said bills with gold or silver coin, any person holding bills for an amount equal to one hundred dollars."

        Also, to come in at the end of the fifth section, the following proviso:

        Provided, nevertheless, it shall be the duty of the Trustees hereinafter provided for, on or before the first Monday in November in year, during the existing war, and for five years after the termination thereof, to make up from the books of the Company a statement shewing the annual average sum of the bills of the said Company put into circulation in this State by them, and make return thereof to the Comptroller General of this State; and the said Company shall, on or before the first day of January thereafter in each year as aforesaid, pay into the Treasury of this State the sum of fifty cents on every hundred dollars of the sum of the annual circulation thus reported, and in default thereof payment may be enforeed by a warrant from the Treasurer, directed to the proper officer of the county in which the principal office is located, which warrant shall be sufficient to authorize the said officer to proceed as in case of other sales.

        And provided, further, that the payment thus to be paid shall be in full of all taxes to be levied on or paid by the said Company.

        In the seventh section change the form of the bill as follows:

        This bill will be received by the Planters' Insurance Trust & Loan Company for dollars, in payment of any debt due them, and upon demand of the holder, in case the said Company shall fail to redeem the same, in gold or silver coin, when presented in sums of one hundred dollars, will be received for a like sum in exchange at par, for coupon bonds of (here describe bonds) where the Trustees, with whom bonds have been deposited for that purpose; and the committee recommend the passage of the bill as amended.

        On motion the report was taken up and fifty copies ordered to be printed, and made the special order for Monday next.

        On motion of Mr. Boyd the bill to be entitled an act to amend the seventh section of an act to lay out and incorporate the Dawson Turnpike & Road Company, assented to December the 6th, 1860, was withdrawn.

        The Senate took up as the report of the committee of the whole,

        A bill to be entitled an act to incorporate the Town Creek & Ralston Branch Hydraulic Hose Mining Company.

        Mr. Hansell offered the following amendment, which was agreed to:

        To be added to the fourth section, "and also to the owners of such land as said Creek and branch may now flow through or over, as may be just for diverting the water from said streams in whole or in part from said lands."

        The report as amended was agreed; the bill read the third time and passed.

        The rule being suspended on motion of Mr. Seward, he introduced the following resolution, which was taken up and agreed to:

        Resolved, That the Secretary of the Senate inform the Governor that the Senate has agreed and consented and confirmed the nomination of Geo. P. Harrison, as Brigadier General of the first Brigade; and Francis W. Capers, as Brigadier General of the second Brigade; and that the Secretary read the Journal in Executive session; and after this session shall terminate, the same shall be deposited in the office of the Secretary of State. In the meantime the Secretary shall keep said Journal under secrecy until removed by order of the Senate.

        The bill to be entitled an act to amend an act to authorize the settlement of criminal prosecutions in certain cases, was taken up, and on motion of Mr. Brown referred to the Judiciary Committee.

        The Senate took up as the report of the committee of the whole,

        A bill to be entitled an act to amend the charter of the Georgia Home Insurance Company.

        Report was agreed to; bill was read the third time and passed.

        The Senate took up the bill entitled an act to exempt practicing physicians from road and Jury duty in the county of Jefferson.

        On motion of Mr. Griffin the bill was amended so as to embrace the county of Lowndes.

        On motion of Mr. Seward the bill and amendment were laid upon the table for the present.

        The bill to authorize the city of Augusta to issue one hundred thousand dollars in Treasury notes, and for other purposes, was taken up and laid upon the table for the present.

        The bill entitled an act amendaroty of an act requiring

the Judges of the Superior Courts to give their charges to Jurors in writing, &c., was taken up and referred to the Judiciary Committee.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr[.] President: I am directed by the House of Representatives to inform the Senate that they have passed a bill entitled an act to legalize the adjournment of certain Superior Courts of the Northern Circuit.

        The Senate took up as the report of the committee of the whole,

        The bill to be entitled an act to amend the act of the 11th of December, 1858, compelling the Judges of theSuperior Courts to hold adjourned terms, and for other purposes.

        The report of the committee was agreed to; the bill was read the third time and passed.

        The following bill entitled an act to incorporate the Georgia Mutual Insurance Company, was read the second time.

        The following bill was taken up and referred to the committee on Finance, to-wit:

        A bill to be entitled an act to legalize and make valid the action of the Inferior Court of Columbia county in levying an extra tax for the equipment of the Volunteers of said county, and for the support and relief of the families of said Volunteers, and in issuing bonds, and to authorize said Court to issue additional bonds.

        The following bill was taken up and referred to the Finance Committee:

        A bill to be entitled an act to legalize and make valid the action of the Inferior Court of Lincoln county in levying an extra tax for the equipment of the Volunteers of said county, and for the support and relief of the families of the said Volunteers.

        A bill to be entitled an act to direct and empower the Inferior Courts of Stewart and Webster counties to levy, collect and disburse an extraordinary tax for the support of the indigent families of such soldiers as have gone or may yet hereafter go into the service of the Confederate States and the State of Georgia, and for other purposes, was taken up, read the second time, and ordered to be engrossed.

        A bill to be entitled an act to repeal the third section of an act approved February 20th, 1854, entitled an act to change and simplify the practice and pleadings of this State, and to provide for the service of writs of scire facias in certain cases, and to regulate the admission of testimony in certain cases, was read the second time and referred to the Judiciary Committee.

        A bill to be entitled an act to change the line between the counties of Chattahoochee and Talbot, so as to include the residence of James M. Lowe in the county of Talbot.

        Read the second time and referred to the committee on new counties and county lines.

        The following bills were read the second time, to-wit:

        A bill to amend an act in relation to the road laws of Camden county.

        Also, a bill to be entitled an act to authorize Elmira Matthews, a free person of color, to sell herself into perpetual slavery.

        Also, a bill to be entitled an act incorporating the city of Rome, in Floyd county, and to enlarge the powers of the city council of Rome in relation to granting license to retail spirituous liquors.

        Also, a bill to be entitled an act to reduce the salaries and fees of all officers civil and judicial in this State.

        Also, a bill to be entitled an act to allow Tax Collectors of this State further time to settle with the Treasurer.

        Also, a bill to incorporate the Cotton Planter's Bank.

        A bill to be entitled an act to protect the estates of married women, and to provide the manner of securing the same, and to provide for the distribution thereof, and for other purposes therein mentioned, was read the second time, and referred to the Judiciary Committee.

        On motion of Mr. Furlow the Senate adjourned until tomorrow morning at ten o'clock.

WEDNESDAY, NOVEMBER 13TH, 1861,
10 O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened with prayer by the Rev. Mr. S. J. Pinkerton.

        The Senate took up the following bill to-wit:

        A bill to direct and empower the Inferior Court of Sumpter county, or a majority thereof, to levy, collect and disburse an extraordinary tax for the support of the indigent families of such soldiers from Sumpter county who are now or who may hereafter be absent in the State or Confederate military service, and for other purposes connected therewith.

        The report was agreed to, the bill was read the third time and passed.

        The following bill was taken up as the report of the committee of the whole, to-wit:

        To incorporate the Georgia Mutual Insurance Company, which on motion was referred to the committee on Banks.

        The Senate then took up as the report of the committee of the whole a bill to be entitled An Act to amend An Act assented to the nineteenth day of December, 1860, in relation to the road laws of Camden county.

        On motion of Mr. Stafford the title was amended by adding the following to the same, to-wit:

        "Also to repeal An Act entitled An Act to authorize the Inferior Court of Early county to levy a road tax approved December the 13th, 1859."

        And further to amend said bill by adding the following section:

        SECTION 2. And be it further enacted, That An Act entitled An Act to authorize the Inferior Court of Early county to levy a road tax be and the same is hereby repealed.

        The report as amended was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole the following bill, to-wit:

        A bill to be entitled An Act to authorize Elmira Matthews a free person of color to sell herself into perpetual slavery.

        The report was agreed to, the bill was read the third time and passed.

        Mr. Lane, the rule being suspended, offered the following resolution which was read, taken up and passed:

        WHEREAS, The presence of free persons of color is deemed by many good citizens of this State as a nuisance, and is exerting a pernicious influence upon the slave population thereof.

        And Whereas, there is a number of such free persons and some of them may desire to place themselves in bondage, and no provision having been made by law, by which this can be done:

        Resolved, That the Judiciary Committee be instructed to investigate the matter and report a bill or otherwise as they may deem proper.

        The following message was received from the House of Representatives by their Clerk, Mr. Carrington:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they concurred in the amendment by the Senate to a resolution of the House in relation to a joint committee of both houses to consider the propriety of reducing the salaries of all the principal public officers of this State.

        The message was taken up, and on motion of Mr. Brown the following committee appointed, Messrs. Stafford, Moseley and Hansell.

        The Senate took up as the report of the committee of the whole,

        A bill to be entitled An Act to amend the several laws passed incorporating the city of Rome, in the county of Floyd, and to enlarge the powers of the City Council of the city of Rome in relation to the granting of license to retail and sell liquors.

        Report agreed to, bill read third time and passed.

        The bill to be entitled An Act to reduce the salaries and fees of all civil and judicial officers in the State was taken up and referred to the select joint committee on reduction.

        The Senate took up a bill to be entitled An Act to allow the Tax Collectors of this State further time to settle with the Treasurer, as the report of the committee of the whole.

        Report was agreed to, bill read third time and passed.

        The rule being suspended Mr. Mitchell introduced certain papers which, without reading, were referred to the joint Committe on Finance.

        The following bill was taken up and read the second time-to-wit:

        A bill to be entitled An Act to legalizze the proceeding of the Inferior Court of Burke county relative to levying taxes for the benefit of volunteers and their families from the county of Burke and to confer powers of taxation and borrowing money for the same and other purposes.

        A bill to be entitled An Act amendatory of An Act for the election of Public Printer and to regulate the printing to be required to be performed by the Legislature was taken up, read the second time and referred to the committee on printing.

        A bill to be entitled An Act to authorize the Governor of this State to raise and equip----thousand of cavalry, and----thousand of infantry for the military service of the State was taken up, read the second time and referred to the Military Committee.

        A bill to be entitled An Act to relieve Wm. B. Taylor of the State of Florida, nominated executor of Henry L. Taylor, deceased, from legal disability on account of his non-residence and for other purposes, was taken up and read the second time.

        A bill to be entitled An Act to incorporate the Turner Mountain Copper Mining Company was taken up, and read the second time.

        A bill to be entitled An Act to prevent the peddling on spirituous liquors in the county of Jasper was taken up and read the second time.

        A bill to be entitled An Act to confer certain powers and to impose certain duties upon the Inferior Court of Tatnall county, and to provide for the collection by taxation of money to aid and assist the volunteer companies now raised or

to be raised in said county, and to afford such aid to the families of the soldiers absent as may be compatible with the resources of citizens of said county, was taken up and read the second time.

        A bill to be entitled An Act to make valid and legal the acts of Deputy Ordinary or Clerk of the Ordinary of Tatnall county in the absence of the Ordinary was taken up, read the second time and referred to the Judiciary Committee.

        The rule being suspended Mr. Echols introduced the following resolution, which was referred to the Military Committee:

        WHEREAS, It appears that we have enemies in our midst, who being lost to all sense of right are burning our bridges and committing other depredations upon our rail-roads for the suppression and prevention of the same be it therefore,

        Resolved, That the Governor of the State of Georgia be and is authorized to detach from the different volunteer companies two men from each company, or so many thereof, as may be necessary to defend the bridges on the Central and Western & Atlantic railroads.

        A bill to be entitled An Act to allow Clerks elect of our County Courts longer time in which to qualify in certain cases, and for other purposes, was taken up, read the second time and referred to the Judiciary Committee.

        A bill to be entitled An Act to alter and amend An Act entitled An Act to incorporate the city of Americus, and to alter and amend An Act to incorporate the town of Americus in the county of Sumpter and for other purposes, was taken up and read the second time.

        A bill to be entitled An Act for the relief of Solomon Newsom, of Lowndes county, and for other purposes was taken up and read the second time.

        A bill to be entitled An Act to legalize and make valid the sale by herself of a certain free woman of color therein named, into a state of slavery, was taken up and read the second time.

        A bill to be entitled An Act to legalize and make valid certain acts and proceedings of the Inferior Courts of the counties of Walker, Catoosa and Dade in equipping and furnishing the volunteer companies from said counties entering the service of the Confederate States and of this State, and to confer upon said Courts certain powers for like objects in future, and for other purposes, was taken up and read the second time.

        The rule being suspended Mr. Bell introduced the following resolution, which was read:

        Resolved, That the twenty-first rule adopted for the government of the Senate at this session be amended as follows,

to-wit: by inserting between the word "committee" and the word "and" in the tenth line of said rule the words "and a committee on local bills."

        A bill to be entitled An Act relative to continuances in certain cases therein named, approved the 9th February, 1854, was taken up, read the second time and referred to the Judiciary Committee.

        A bill to be entitled An Act to authorize Charles H. Johnson, administrator of the estate of George Dugan, late of Spalding county deceased, to sell the lands of the estate of the said George Dugan on the first Monday in December next, was taken up and read the second time.

        The rule being suspended Mr. Brown moved to take up the following resolution:

        Resolved, That the Secretary be authorized to employ two additional assistants in each of the Engrossing and Enrolling departments as he may deem the same necessary.

        The resolution was taken up and read.

        Mr. Seward offered the following amendment:

        "And that the Judiciary Committee be authorized to employ a Clerk, and that the Secretary be authorized to employ an assistant Journalizing Clerk."

        Which amendment was agreed to, the resolution as amended was passed.

        A bill to be entitled An Act to authorize the Judges of the Superior Courts in this State on application of any woman for alimony who may be sued by her husband for divorce to hear testimony and determine whether she is in justice entitled to it or not, was taken up, read the second time and referred to the Judiciary Committee.

        A bill to be entitled An Act to legalize the proceedings of G. J. Green, Deputy Ordinary in Spalding county was taken up, and read the second time.

        A bill to be entitled An Act to alter and make uniform the present Statutes of this State in regard to payment of Grand and Petit jurors and for other purposes was taken up read the second time and referred to the Judiciary committee.

        A bill to be entitled An Act to repeal An Act entitled An Act to authorize and require the Justices of the Inferior Court of Decatur county to order the payment of the Superintendents, Clerks, and those who consolidate returns of elections of said county, for their services, was taken up, read the second time and ordered to be engrossed.

        A bill to be entitled An Act to abolish imprisonment for debt on certain conditions was taken up, read the second time and referred to the Judiciary Committee.

        A bill to be entitled An Act to add an additional section to the Penal Code of Georgia, was taken up and read the second time.

        A bill from the House of Representatives to be entitled An Act to legalize the adjournment of certain Superior Courts in the Northern Circuit was read the first time.

        By leave of the Senate Mr. Shewmake introduced a bill to be entitled An Act to provide for the safety of property or funds in the hands of Guardians, Administrators or Administratrixs' &c., which was read the first time.

        Mr. Seward introduced the following resolution which was agreed to:

        Resolved, That one hundred copies of the documents accompanying the Governor's Message be printed for the use of the Senate, except the report of the Comptroller General.

        By leave of the Senate Mr. Patrick introduced a bill to be entitled An Act to lay out and form a new county from parts of the counties of Franklin and Habersham, to organize the same, and for other purposes, which was read the first time.

        On motion of Mr. Kendall the Senate adjourned until ten o'clock, to-morrow morning.

THURSDAY, NOVEMBER 14TH, 1861.
10 O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened with prayer by the Rev. Mr. Pinkerton.

        On motion of Mr. Furlow, Mr. Patrick was added to the committees on Finance and Internal Improvement.

        Leave of absence was granted to Mr. Furlow, Wright, Smith and Harris for a few days.

        Mr. Jackson moved to reconsider so much of the Journals of yesterday, as relates to the resolution authorizing the Secretary of the Senate to employ an additional Journalizing Clerk.

        The motion was not agreed to.

        Mr. Dyer from the committee on enrollment, reports as duly enrolled and ready for signature, a resolution requiring the Judiciary Committee to enquire into the power of the General Assembly to suppress unjust speculation monopoly and extortion, and to report a bill, &c.

        Also, a resolution from the Senate instructing the Finance Committees of the Senate and House of Representatives, to report appropriate bills authorizing the Inferior Courts of the several counties of the State to levy an extra tax to defray expenses incurred in raising and equipping companies, &c., and providing for the equalization of said burthens throughout the State, and authorizing the assumption by the State of the Confederate war tax.

        Mr. Lewis from the committee on Finance, made the following report:

        The committee on Finance have considered the resolution which had been referred to them, in reference to the policy of levying a prohibitory tax on spirituous liquors manufactured from articles of prime necessity, &c., have instructed me to report:

        1st. That it is the opinion of the committee, that, if such law be politic and wise, it can originate only in the House of Representatives.

        The committee further report that probably there would be no impropriety in enacting a law laying a specific tax on the proposed articles, not amounting to prohibition, for the purpose of revenue.

        The following message was received from the House of Representatives by their Clerk, Mr. Carrington:

        Mr. President:--I am directed by the House of Representatives to inform the Senate that they have passed the following bills:

        A bill to consolidate the offices of Secretary of State and Surveyor General.

        Also, a bill to change the name of the county of Cass, and for other purposes.

        Also, a bill to authorize the Ordinary of Brooks county to draw a balance of the Educational Fund due said county for the year 1860.

        Also, the House have adopted a resolution to bring on the election of two Confederate States Senators at 11 o'clock A. M., on Tuesday next, 19th inst.

        Mr. Echols from a special committee, reported as follows:

        The committee appointed to act with a similar committee of the House to make suitable preparations for the due observance of Friday the 15th inst., as a day of fasting and prayer in accordance with a proclamation of the President of the Southern Confederacy and the Governor of this State, beg leave to report:

        That they have procured the services Rev. H. H. Tucker, D. D., who will preach to both Houses in the Representative Hall at 11 o'clock A. M., on Friday the 15th inst.

        The rules being suspended, Mr. Anthony introduced the following resolution, which was read and referred to the committee on Finance:

        Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby resolved by the authority of the same, That in view of the troubles now upon us as a people, it is the imperative duty of all the planters of this State to convene in their respective

counties on the first Monday in December next, or as soon thereafter as may be practicable, to take into consideration the great importance of reducing the quantity of cotton to be planted for the ensuing year at least one half, to secure an abundant harvest of corn, wheat, rye, oats, barley and other grain. And also, to urge the necessity of making every possible effort to increase the stocks of cattle, sheep, hogs, &c.

        It being the sense of this General Assembly, that our final success in the present struggle for independence rests in no small degree upon the agriculturists of Georgia.

        Common humanity and dictates of a generous patriotism call aloud for concert of action and indefatigable energy on the part of the hardy farmers of our noble State, now threatened by a tyrannical and cruel foe.

        Mr. Seward, Chairman of the committee on the Judiciary, made the following report, to-wit:

        The committee on the Judiciary, to whom was referred a bill amendatory of the act requiring the Judges of the Superior Courts to give their charges to Jurors in writing, have had the same under consideration, report the same back to the Senate and recommend that it do not pass.

        Also, a bill to abolish imprisonment for debt on certain conditions and report the same back to the Senate, and recommend it do not pass.

        Also, a bill to amend an act assented to 17th December 1860, providing for the trial of causes in the Superior Court when the Judges presiding are incompetent and to provide against the failure of a Court by reason of the non-attendance of a Judge, report the same back to the Senate and recommend it do not pass.

        Also, a bill to authorize Judges of the Superior Courts in this State on application of any wife for alimony, who has been sued by her husband for divorce, to hear the testimony of and determine accordingly, report the same back to the Senate and recommend it do not pass.

        Also, a bill to allow Clerks elect of our county Courts longer time in which to qualify in certain cases, and for other purposes, report the same back to the Senate and recommend it do not pass.

        Also, a bill in relation to continuances in certain cases therein mentioned, report the same back to the Senate and recommend it do not pass.

        Also, a bill to alter and make uniform the present Statutes of this State in regard to payment of Grand and Petit Jurors, and for other purposes, report the same back to the Senate and recommend it do not pass with amendments.

        Also, a bill to make valid and legal the acts of Deputy Ordinary of Tatnall county in the absence of the Ordinary

report the same back to the Senate and recommend it do not pass.

        Also, a bill recommitted to the committee re-enacting the act of 30th November, 1860, in regard to the Banks of this State, report the same back to the Senate with a substitnte in the nature of an amendment, and recommend it do pass.

        Also, a bill to protect the estates of married women of securing the same, and to provide for the distribution thereof, and for other purposes, report the same back to the Senate and recommend it do not pass.

        Also, a bill to repeal the third Section of an act, approved February, 1854, entitled an act to change and simplify the practice and pleadings in this State of writs of scire facias in certain cases, and to regulate the admission of testimony in certain cases, report the same back to the Senate and recommend the same do not pass.

        Also, a bill to amend an act to authorize the settlement of criminal prosecutions in certain cases, report the same back to the Senate and recommend it do not pass.

        Also, a bill to consolidate the offices of Secretary of State, Survey or General and State Librarian, and require one person to perform all the duties of said offices, report the same back to the Senate, with a substitute, and recommend the same do pass.

        The following message was received from the House of Representatives by their Clerk, Mr. Carrington:

        Mr. President:--I am directed by the House of Representatives to inform the Senate that they have concurred in the following Senate resolutions:

        A resolution that the Standing Committees of the Senate and House on the Deaf and Dumb Asylum be constituted a joint standing committte for certain purposes therein mentioned.

        Also, a resolution that the Rev. Messrs. Tucker and Clark, agents for Georgia Hospital Association, be allowed to address the General Assembly in the Hall of the House of Representatives to day, at 12 M.

        Mr. Vason from the Judiciary Committee made the following minority report:

        The undersigned members of the Judiciary Committee beg leave to make a minority report, recommending that the bill referred to them, entitled an act to abolish imprisonment for debt upon certain conditions, &c., do pass, it being our opinion that the clause of our new Constitution, which provides for the security of the liberty of the citizens of Georgia, should be more fully provided for than it has been done by the statutes of our State.

D. A. VASON.

S. S. STAFFORD.

        Mr. Moseley from the committee on Printing reported as follows:

        The committee on Printing have had under consideration,

        A bill to be entitled an act amendatory of an act in relation to Public Printer, and report the same back to the Senate, with an additional section as an amendment, and recommend its passage, to-wit:

        SEC. 2d. Be it further enacted by the authority aforesaid, That the persons having the lowest bid shall before giving bond, take and subscribe the following oath--that is to say:--

        "I do solemnly swear that I have not entered into any combination with any person or promised to give any person or persons any money, or the promise of it, to prevent them from under bidding me for the State Printing."

        Mr. Harris from the committee on agriculture made the following report:

        The committee on agriculture have instructed me to make the following report on the act to incorporate the Direct Trade & Banking Company, and for other purposes, and recommend the passage of the following bill as a substitute for the same, to-wit:

        A bill to be entitled an act to incorporate the Direct Trade and Navigation Company of Georgia, and for other purposes.

        The rule being suspended, Mr. Killen offered the following resolution, which was read and taken up:

        The Rev. Messrs. Clark and Tucker, agents for the Georgia Hospital Association, being present on a mission in behalf of said Association,

        Resolved by the Senate, with a concurrence of the House of Representatives, That the Senate repair to the Representative Hall, this day, at twelve o'clock M., to hear from said gentlemen on the subject of their mission, for one hour.

        Mr. Hansell moved to amend by striking out the hour and inserting the hour of 3 o'clock this evening, which was lost.

        The resolution was then adopted and ordered to be transmitted, immediately to the House of Representatives.

        Mr. Beaseley offered the following resolution:

        Resolved, That the Standing committees of the Senate and House of Representatives, on the Deaf and Dumb Asylum, be constituted a joint standing committee, for the investigation of the affairs of the same; that His Excellency the Governor, be requested to furnish said committee any documents or communications which he may have in his possession pertaining to the same, and that this resolution be transmitted to the House of Representatives for its concurrence,

immediately, which was taken up, read and agreed to.

        Mr. Gordon from the committee on Banks reported that the committee have had under consideration,

        A bill to be entitled an act to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance & Trust Company, and report the same back with certain amendments, and recommend that it do pass.

        Also, a bill to be entitled an act to incorporate the Georgia Mutual Insurance Company, which they report back to the Senate, and recommend that it do pass.

        Mr. Bell reported a bill to be entitled an act to carry into effect the 15th clause of the 1st article of the Constitution of the State of Georgia, which was read the first time.

        Mr. Echols offered the following resolution which was read, to-wit:

        As it is the duty of every Christain people to provide for the moral and religious instruction of its brave soldiery; and whereas, we have no chaplains or religious teachers connected with any of the regiments of the army of this State.

        Be it therefore resolved by the General Assembly of Georgia, That from and after the passage of this resolution it may be lawful for the Governor of this State to commission any ordained Minister of the Gospel as Chaplain to any of the Regiments now in service, or which may hereafter be mustered into service for the defence of the State of Georgia; provided said Ministers shall first be elected by the Regiment to which he is attached, and the same made known to the Governor by the Commanding Colonel.

        Resolved, further, That the said Chaplain so commissioned by the Governor, shall receive from the military fund, for the faithful performance of his duty, sixty dollars per month without rations, and shall receive his pay at the same time and same way as the balance of his regiment.

        Mr. Fort reported a bill to fix the fees of the Ordinaries of the State of Georgia, which was read the first time.

        Mr. Gordon reported a bill to amend an act entitled an act to provide for the public defence, and for other purposes, assented to December 18th, 1860; which was read the first time.

        Mr. Hansell reported a bill to amend the act incorporating the North-Western Bank of Georgia.

        Also, a bill to alter and amend the several acts incorporating the city of Atlanta in Fulton county, which were severally read the first time.

        Mr. Jackson reported a bill for the relief of Andrew M. Hamilton of the county of Whitfield, which was read the first time.

        Mr. Mitchell reported a bill for the relief of Moses Form-by, of the county of Floyd, a school teacher, under the acts in relation to common schools.

        Also, a bill to be entitled an act to authorize Dr. Rufus Barker, of the county of Floyd, to practice medicine, and to grant him the right to collect by law or otherwise, all proper claims for professional services and for other purposes, &c., which were severally read the first time.

        Mr. Moseley reported a bill to be entitled an act for the relief and protection of the right and property of the minor children of Sophia McBride of Haralson county Georgia.

        Also, a bill to be entitled an act to authorize the Ordinary of the county, to admit to record the last will and testament of Thomas Allen, late of said county, deceased, and for other purposes, which were severally read the first time.

        Mr. Seward reported a bill to authorize the administrator of the estate of James Connell, deceased, to sell the real estate of said deceased at private sale, which was read the first time.

        The Senate took up as the report of the committee of the whole,

        A bill to incorporate the Cotton Planters' Bank of Georgia, to give steadiness to the value of cotton, to make it available as the basis of a sound circulating medium for the relief of the industrial interests of the country, and at the same time to enable the planters to control their own cotton until the blockade now attempted to be enforced is removed; to guard the planters against an unavoidable necessitous sale of their cotton at less than remunerating prices, and against sacrifices alike detrimental to their interests, consequent upon their being forced to draw upon and accept inadequate advancements upon their crops, paying heavy commissions, interests, insurance and storage, ruinous to the producers of this great Southern Staple, and for other purposes.

        Mr. Seward offered the following amendment to-wit:

        Be it enacted, That at any time after any planter shall subscribe stock in said bank, in cotton, he shall have the right to direct his cotton so subscribed to be sold when ever its market value shall rise above the sum of thirty dollars per bale, so as to meet the amount issued thereon, and the surplus shall be paid over to said planter, so as to allow each planter to determine as to the market, and to exercise his own judgment, without restriction, as to when the cotton subscribed shall be sold, without loss to the Bank.

        And be it further enacted, That any person who may subscribe stock in cotton, and the same has been used as the basis of circulation and thirty dollars is issued thereon, he

shall be at liberty to sell his stock or the cotton which represents his stock, subject to the liability resting upon it for the bills that may be issued thereon.

        And be it further enacted, That subscriptions shall be received in sea island cotton at fifteen cents per pound--a bale to be estimated at three hundred pounds per bale, and constitute stock in said bank.

        And be it further enacted, That the bills of said Bank shall be received in payment of taxes to the State of Georgia.

        Mr. Hansell offered the following amendment, to-wit:

        Strike out the words "real estate," and insert in lieu thereof, "such real estate as may be necessary for their business, and such as they may buy bona fide in collecting any debt or debts due said Company," and no other lands.

        Mr. Jackson offered the following amendment, to-wit:

        And that this charter shall expire in twelve months after peace is made or declared.

        On motion of Mr. Seward, the said bill, with the amendments, was made the special order of the day for Thursday next, and fifty copies of the bill and amendments ordered to be printed.

        The rule being suspended, Mr. Ware offered the following resolution, which was read:

        Whereas, the people of Georgia demand a short session of the present General Assembly; and whereas, it is right and proper that the public business should be speedily transacted, and the public resources judiciously husbanded, therefore,

        Resolved, That no new matter be received by the Senate, except such as may relate to the public defence, from and after Tuesday next.

        A motion to take up the resolution was lost.

        A bill to legalize the proceedings of the Inferior Court of Burke county relative to levying taxes for the benefit of Volunteers and their families from the county of Burke, and to confer powers of taxation and borrowing money for the same, and for other purposes, was taken up, read the second time and referred to the committee on Finance.

        The Senate took up as a report of the committee of the whole,

        A bill for the relief of Wm. B. Taylor of the State of Florida, nominated Executor of Henry L. Taylor, deceased, from legal disability on account of his non-residence, and for other purposes.

        Mr. Harris offered the following amendment, to-wit:

        Provided, the said Mr. Taylor shall give bond and security residing in the county of Randolph in double the amount

of property belonging to said estate, as in the case of Administrators in this State, which was accepted.

        The report, as amended, was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to incorporate the Turner Mountain Copper Mining Company.

        The report was agreed to, the bill was read the third and passed.

        The following message was received from the House of Representatives by Mr. Carrington, their Clerk.

        Mr. President:--I am directed by the House of Representatives to inform the Senate that they have passed a bill to be entitled an act to authorize the Administrator of the late William Williams, of Harris county, to sell all the real estate of said deceased, at the Court House of Harris county.

        The rule being suspended, the Senate took up as the report of the committee of the whole,

        A bill to be entitled an act to incorporate an Insurance Company in any city in Georgia, to be called the Southern Insurance and Trust Company.

        The committee on Banks, to whom it was referred, reported in favor of its passage.

        The report was agreed to, the bill read the third time and passed.

        The Senate took up as the report of the committee on Banks,

        A bill to incorporate the Georgia Mutual Insurance Company.

        The report was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to prevent the peddling of spirituous liquors in the county of Jasper.

        Mr. Shewmake offered the following section as an amendment:

        And be it further enacted, That so far as applicable, all the provisions of this act shall be, and the same are hereby made applicable to the county of Burke and Whitfield county; which amendment was agreed to.

        The report, as amended, was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee, of the whole,

        A bill to confer certain powers, and to impose certain duties upon the Inferior Court of Tattnall county, and to provide for the collection by taxation of money to aid and assist

the Volunteer company or companies now raised, or to be raised in said county, and to afford such aid to the families of the soldiers absent as may be compatible with the resources of said county.

        The report was agreed to, the bill was read the third time and passed.

        Mr. Echols moved to take up the report of the committee appointed to act with a similar committee of the House, to make suitable preparations for the observance of Friday the 15th inst., as a day of fasting and prayer.

        The motion was agreed to.

        Leave of absence was granted to Mr. Moseley for a few days, from to-morrow.

        The following message was received from the House of Representatives:

        Mr. President:--I am directed to inform the Senate that the House of Representatives is now ready to receive the Senate in their Hall, to hear the address of Messrs. Rev. Prof. Tucker and Rev. J. O. A. Clarke.

        On motion, the Senators repaired forthwith to the Hall of the House of Representatives, and immediately after the delivery of the report and addresses of said agents, returned to the Senate chamber, when

        Mr. Killen offered the following resolution:

        Resolved, That the thanks of the General Assembly are due and are hereby tendered to the Rev'ds Messrs. Clark and Tucker, agents for the Georgia Relief and Hospital Association for the able report and address delivered, this day, in the Representative Chamber.

        Resolved, 2d. That a committee of three be appointed on the part of the Senate to solicit a copy of said report and written documents for publication, and that five thousand copies be printed for the use of the Senate and for distribution, which was agreed to.

        The President of the Senate appointed as such committee, Messrs. Killen, Gordon and Seward.

        Senate adjourned till 3 1-2 o'clock P. M.

AFTERNOON SESSION, 3 1-2 O'CLOCK P.M.

        Leave of absence, for a few days, was granted to Messrs. Dyer, Winn and Killen.

        The Senate took up as the report of the committee of the whole,

        A bill to exempt practicing physicians in Jefferson county from Road and Jury duty.

        Mr. Griffin moved to amend the same by inserting after the word Jefferson county, the county of Lowndes, which amendment was agreed to.

        The Senate refused to agree to the report of the committee, as amended, and the bill was lost.

        The Senate took up as the report of the committee of the whole,

        A bill to authorize the city of Augusta to issue one hundred thousand dollars of Treasury notes.

        The report was agreed to, the bill was read the third time and passed.

        Also a bill to alter and amend an act entitled an act to incorporate the city of Americus, and to alter and amend an act to incorporate the town of Americus in the county of Sumter, and for other purposes.

        The report was agreed to, the bill was read the third time and passed.

        Also, a bill for the relief of Solomon Newsom, of Lowndes county, and for other purposes.

        The report was agreed to, the bill was read the third time and passed.

        Also, a bill to legalize and make valid the sale, by herself, of a certain free woman, of color, therein named, into a state of slavery.

        Mr. Lane offered the following amendment to the same:

        Provided, That three discreet and prudent persons shall be selected to appraise such person at a moderate cash value, not less than two thirds of the real worth of said free person of color, and that the purchaser of said person shall pay said sum into the Treasury of the county where said free person of color habitually resides, to be applied to the relief of the indigent families of the volunteers now in the service of this State or the Confederate States, or may hereafter go into service.

        Mr. Vason offered the following amendment to the amendmendment, which was accepted.

        Provided, further, That said Peeples refuse to take such free person at the price, then such free person shall have the privilege of choosing any other person as her owner who will pay the price.

        Mr. Griffin moved to amend the report by providing that in case of the death of the party proposed as purchaser, the woman be allowed to select some other master.

        Mr. King moved the previous question, which was not seconded.

        Mr. Griffin withdrew his amendment.

        Mr. Mitchell moved to amend the amendment as follows, to-wit:

        That the said Cherry and her increase, if any, shall become the absolute property of the said Peeples upon the payment of the money.

        This amendment was also accepted.

        The amendment, as amended, was lost.

        The report was then agreed to, the bill was read the third time and passed.

        Also, the following engrossed bill, to direct and empower the Inferior Courts of Stewart and Webster counties, to levy and collect and disburse an extraordinary tax for the support of the indigent families of such soldiers as have gone, or may hereafter go into the service of the Confederate States or the State of Georgia, to appoint commissioners for the disbursement of the same, to legalize the orders or judgments of the Inferior Courts of said counties levying an extraordinary tax for the fiscal year 1861, and provide for the collection of said taxes; which was read the third time and passed.

        On motion of Mr. Seward, the Senate took up as the report of the committee of the whole,

        A bill amendatory of the act requiring the Judges of the Superior Courts to give their charges to Jurors in writing in the cases therein mentioned, assented to the 17th December, 1860.

        The committee on the Judiciary to whom said bill was referred, reported the same back to the Senate, and recommend that said bill do not pass; and pending discussion thereon, on motion, the Senate adjourned until Saturday next, 9½ o'clock A. M.

SATURDAY, NOVEMBER 16TH, 1861,
9½ O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened with prayer by Rev. Mr. Adams.

        Mr. Gibson moved to reconsider so much of the Journal of Thursday as relates to the vote by which a bill to exempt practising physicians in the county of Jefferson from road and jury duty was lost. The motion to reconsider prevailed.

        The following message was received from the House of Representatives by Mr. Carrington, their Clerk:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they have passed the following bills:

        A bill to be entitled an act to incorporate the Cavender Creek & Fields Gold Mining Company, and for other purposes therein mentioned.

        Also, a bill to be entitled an act to alter and amend an act to incorporate the town of Jonesboro in the county of Clayton, and to provide for the election of Marshall and Clerk.

        Also, a bill to be entitled an act to give the several Justices Courts in this State jurisdiction in cases sounding in damages in certain cases.

        Also, a bill to be entitled an act to authorize the Ordinary of DeKalb county to grant letters of administration with the will annexed on the estate of Thomas H. Chivers to Harriet E. Chivers of said county.

        Also, a bill to be entitled an act to amend an act approved December 17, 1859, to prescribe the time of holding elections for Senators in the Congress of the United States from the State of Georgia.

        The rule being suspended on motion of Mr. Seward the Senate took up and read for the first time the following bill from the House of Representatives:

        A bill to be entitled an act to authorize the Ordinary of Brooks county to draw a balance of the educational fund due said county for the year 1860.

        Mr. Alexander presented a petition from certain citizens of Gwinette county, which on his motion was referred to the joint Finance Committee.

        Mr. Bell introduced the following resolution:

        WAEREAS, The revised Constitution of this State imposes the duty upon this session of the General Assembly of carrying into effect various provisions of said Constitution, therefore,

        Resolved, That the Judiciary Committee be and is hereby instructed to inquiry what provisions of the Constitution require legislation at the present session, and report such bills as may be necessary for carrying into effect said Constitution.

        Which was read.

        The following bills were reported and severally read the first time:

        Mr. Dyer--A bill in reference to costs in criminal cases, and to provide for the payment of witnesses by the party convicted.

        Also, a bill to authorize continuances pending in the Superior and Inferior Courts of this State, during the war, in certain cases.

        Mr. Hansell--A bill to be entitled an act to amend an act incorporating the Bank of Fulton.

        Mr. Jackson--A bill to be entitled an act amendatory of an act entitled an act to incorporate the Dalton City Company, approved February 23, 1850, and to add an additional section thereto, and for other purposes.

        Mr. Mitchell--A bill to authorize Susan B. G. McGuire, guardian of George L. McGuire, to turn over to her said ward his proper share of her deceased husband's estate, and to make valid the same, and for other purposes.

        Mr. Ware--A bill to be entitled an act for the relief of William E. West of the county of Polk.

        Mr. Beasley--by leave of the Senate--A bill more effectually to organize the Georgia Institution for the education of the Deaf and Dumb, and for other purposes.

        Leave was granted to Mr. Ware to withdraw the bill to be entitled an act for the relief of William E. West of the county of Polk.

        The President presented to the Senate the correspondence between the Governor and the Banks as to the sale of State Bonds, which, without reading, was referred to the committee on Finance.

        The rule being suspended the Senate, on motion of Mr. Brown, took up the resolution from the House of Representatives, to bring on the election of two Senators to represent the State of Georgia in the Congress of the Confederate States.

        Mr. Seward moved to strike out in said resolutions Tuesday, the 19th inst., and to insert in lieu thereof, Tuesday, the 26th inst., which amendment was agreed to.

        The following message was received from the House of Representatives by their Clerk, Mr. Carrington:

        Mr. President: I am instructed by the House of Representatives to inform the Senate that they have passed the following bill:

        A bill to be entitled an act to authorize the removal of the Banks from the city of Savannah.

        And I am further directed to transmit the same to the Senate forthwith.

        The rule being suspended, on motion of Mr. Gordon, the Senate took up and read the first time the following bill from the House of Representatives, to-wit:

        A bill to authorize the several Banks and banking institutions located at Savannah, to remove their places of business into the interior during the invasion of the enemy.

        The Senate resumed the consideration of the unfinished business of Thursday, which was the report of the Judiciary Committee upon a bill amendatory of an act to require the Judges of the Superior Courts to give their charges to jurors in writing in cases therein mentioned, assented to December 17th, 1860.

        The Judiciary Committee to whom it was referred reported adversely to its passage.

        Mr. Hansell moved to amend the report by striking out the word "felony" wherever it occurs as descriptive of the class of cases embraced in said bill, which was lost.

        The report was agreed to, and the bill lost.

        The following message was received from His Excellency the Governor by Mr. Campbell his Secretary, to-wit:

Executive Department,
Milledgeville, Ga., Nov. 16th., 1861.

To the Senate:

        I hereby nominate and propose, with the advice and consent of the Senate, to appoint General Henry R. Jackson a Major General to command the first Division of Georgia Volunteers now being organized for the defence of the State.

JOSEPH E. BROWN.

        Which, on motion of Mr. Bell, was read.

        The Senate took up as the report of the committee of the whole,

        A bill to abolish imprisonment for debt, on certain conditions.

        The Judiciary Committee to whom said bill had been referred reported it back to the Senate with the recommendation that the same do not pass.

        A minority of said Committee reported in favor of said bill and recommended that the same do pass.

        Mr. Vason made a motion that the Senate adopt the minority report in lieu of the majority report.

        On motion of Mr. Gibson the report was laid upon the table for the present.

        The Senate took up as the report of the committee of the whole,

        A bill amendatory of the act assented to 17th December, 1860, providing for trial of causes in the Superior Court where the Judge presiding is incompetent, &c., and to provide against the failure of a Court by reason of the non-attendance of a Judge.

        By leave of the Senate the bill was withdrawn.

        The Senate took up as the report of the committee of the whole,

        A bill to authorize Judges of the Superior Court in this State on application of any wife for alimony who has been sued by her husband for divorce to hear testimony and determine accordingly.

        Which on motion was laid upon the table for the present.

        The Senate took up as the report of the committee of the whole,

        A bill to allow Clerks elect of our County Courts longer

time in which to qualify in certain cases, and for other purposes.

        The Judiciary Committee to which the bill was referred, reported adversely to its passage.

        The report was agreed to, and the bill was lost.

        The Senate took up as the report of the committee of the whole,

        A bill amendatory of an act relative to continuances in certain cases therein named, approved 9th February, 1854.

        On motion of Mr. Seward the bill was re-committed to the Judiciary Committee.

        On motion of Mr. Seward, Mr. Gordon was added to the Judiciary Committee.

        The Senate took up as the report of the committee of the whole,

        A bill to alter and make uniform the present Statutes of this State, in regard to the payment of Grand and Petit jurors, and for other purposes.

        The Judiciary Committee to whom this bill was referred reported the same back to the Senate with the following amendment, to-wit:

        By inserting in the 2d section, after the words "Sheriff or Clerk of said Court" the words "out of the party cost in said case," and recommended that the bill as amended do pass. The amendments were agreed to.

        The report as amended was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to protect the rights of married women, to provide the manner of securing the same, to provide for the distribution thereof, and for other purposes.

        Which, upon motion, was made the special order for next Wednesday week.

        The Senate took up as the report of the committee of the whole,

        A bill to re-enact the act of 30th November, 1860, in regard to the Banks of this State.

        The Judiciary Committee to whom this bill was referred reported the same back to the Senate with a substitute as an amendment entitled a bill to re-enact the act of 30th November, 1860, and re-enact a part of the act 20th Dec., 1860, and recommended that said substitute do pass in lieu of the original bill.

        Mr. Vason offered the following amendment, to-wit:

        Provided, also, that each of the chartered Banks of this State claiming the provisions of this act shall be and are hereby required to issue and keep in circulation during their suspension at least five per cent. upon their capital stock in small bills as low as fifty cents and not exceeding five

dollars each, which said small bills the said Banks shall redeem in gold and silver when called upon by any person desiring the same for change and not for purposes of speculation, in sums not exceeding fifty dollars.

        On motion the bill, with the substitute and amendment, was referred to the Committee on Banks.

        The Senate took up as the report of the committee of the whole,

        A bill to make valid and legal the acts of the Deputy Ordinary or Clerk of the Ordinary of Tatnall county in the absence of the Ordinary.

        The Judiciary Committee to whom this bill was referred reported the same back to the Senate with a recommendation that the bill do not pass.

        Which report was agreed to, and the bill was lost.

        The Senate took up as the report of the committee of the whole,

        A bill to repeal the third section of an act approved February 20, 1854, entitled an act to change and simplify the practice and pleading in this State, and to provide for the service of writs of sirefacias in certain cases and to regulate the admission of testimony in certain cases.

        The Judiciary Committee to whom this bill had been referred reported the same back to the Senate with a recommendation that the bill do not pass.

        The report was agreed to, and the bill lost.

        The Senate took up as the report of the committee of the whole,

        A bill to amend an act to authorize the settlement of criminal prosecutions in certain cases, and to regulate more particularly the duties of the Attorney and Solicitors' General, and fix their liabilities, approved Feb. 22d, 1850.

        The Judiciary Committee to whom this bill was referred reported it back to the Senate with the recommendation that the same do not pass.

        The report was not agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to consolidate the offices of Secretary of State, Surveyor General and State Librarian, and require one person to perform all the duties of said offices.

        The Judiciary Committee to whom this bill was referred reported the same back to the Senate with a substitute as an amendment entitled a bill to consolidate the offices of Secretary of State and Surveyor General and for other purposes, and recommended that said substitute do pass in lieu of said original bill.

        The amendment was agreed to.

        The report as amended was agreed to, the bill was read the third thime and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to authorize Charles H. Johnson administrator on the estate of George Dugan late of Spalding county to sell the lands of said estate, on the first day of December, next.

        Mr. Hansell moved to amend the report as follows, to-wit:

        Amend the caption by striking out the words "first day" and insert in lieu thereof the words "first Tuesday" and in in the body of the bill strike out the word "Monday" and insert in lieu thereof "first Tuesday," which was agreed to.

        The report as amended was agreed to, the bill was read the third time and passed.

        On motion leave of absence for a few days was granted to Mr. Lewis the Senator from the 19th district.

        On motion of Mr. Hansell the Secretary of the Senate was required forthwith to transmit, with the amendment of the Senate thereto, to the House of Representatives, the resolution of the House in relation to the time of holding elections for Senators to the Congress of the Confederate States.

        The rule being suspended, on motion the following bill of the House was taken up and read the first time, to-wit:

        A bill to authorize the administrator of the late William Williamson, of the county of Harris, to sell all the lands belonging to the estate of the said William Williamson, lying and being in the counties of Harris and Talbot, at the Court House in the county of Harris.

        The Senate then went into Executive Session and after remaining some time the Executive Session was closed, and the Senate resumed its regular business.

        On motion the Senate then adjourned till 10 o'clock, Monday next.

MONDAY, NOVEMBER 18TH, 1861,
10 O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened with prayer by the Rev. Mr. Smith.

        Mr. Brown moved to reconsider so much of the Journal of Saturday as relates to the resolutions of the House of Representatives to bring on the election of Senators to the Confederate Congress, and the amendment thereto by the Senate.

        The motion to reconsider prevailed.

        Mr. Mitchell moved to reconsider so much of the Journal of Saturday as relates to the action of the Senate upon a bill to protect the rights of married women, and to provide the manner of securing the same, to provide for the distribution thereof, and for other purposes therein mentioned.

        The motion to reconsider prevailed.

        Mr. Boyd moved to reconsider so much of the Journal of the Senate as relates to the vote by which the following bill was passed, to-wit:

        A bill to consolidate the offices of Secretary of State and Surveyor General, and for other purposes.

        The motion to reconsider prevailed.

        Mr. Brown moved to suspend the rules and take up the resolution from the House relating to the election of Senators to the Confederate Congress.

        Upon agreeing to which motion the yeas and nays were recorded, and were yeas 23, nays 10.

        Those who voted in the affirmative are Messrs.:

        Alexander, Beasley, Bell, Bothwell, Boyd, Brown, Gaston, Griffin, Harris, Thomas Hilliard, Jamison, Lane, McRae Mitchell, Shewmake, Simmons, Smith, Stafford, Stephens, Swearingen, Vason, Ware, Wright.

        Those who voted in the negative are Messrs.:

        Dyer, Echols, Fort, Gordon, Hansell, Hill, Jackson, King, Patrick, Seward.

        Mr. Brown moved to strike out in the resolution the 26th inst., which was agreed to.

        Mr. Brown moved to fill the blank by inserting the 19th inst.

        Mr. Seward moved to amend by inserting the 23d inst., which was lost.

        Mr. Seward moved to insert 22d inst., which was lost.

        Mr. Seward moved to insert the 21st inst., which was also lost.

        Mr. Seward then moved to insert the 20th inst., which was also lost.

        The motion of Mr. Brown was then agreed to.

        The resolution was, as amended, agreed to, and ordered to be transmitted to the House of Representatives forthwith.

        The Senate took up as the report of the committee of the whole,

        The special order, which was a bill to incorporate the Planters' Insurance Trust and Loan Company.

        The bill was made the special order for to-morrow.

        On motion of Mr. Alexander the Senate went into the election of a President of the Senate pro tempore.

        The name of the Hon. Mr. Gibson was proposed, also that of Mr. Hansell.

        The vote of the Senate was taken viva voce, when it appeared that Mr. Gibson had received 19 votes, and Mr. Hansell 15 votes, as follows:

        For Mr. Gibson--Messrs.:

        Alexander, Anthony, Bell, Bothwell, Brown, Fort, Gordon, Griffin, Harris, Hansell, Hill, Hilliard. of Ware, Jackson, Kendall, King, Shewmake, Smith, Stafford, Stephens, Swearingen.

        For Mr. Hansell:

        Beasley, Boyd, Dyer, Fletcher, Gaston, Jamison, Lane, Mitchell, Patrick, Seward, Simmons, Vason, Ware, Wright.

        Mr. Gibson having received a majority of the votes cast was declared elected President pro tem.

        Mr. Gordon from the Committee on Banks made the following report:

        The Committee on Banks to whom was referred a bill to be entitled an act to re-enact certain portions of the Bank Relief acts of 1860, have had the same under consideration, and report it back to the Senate with an amendment to the substitute, and recommend that the substitute as amended do pass.

        The rule being suspended, the Senate took up as the report of the committee of the whole,

        A bill to re-enact and continue in force the first, second and third sections of an act to grant relief to the Banks and people of this State, passed over the Governor's veto, on the 30th day of November, 1860; and also to re-enact and continue in force the third and fourth sections of an act to add a proviso to the fourth section of an act entitled an act for the relief of the Banks and people of this State, &c., assented to 20th December, 1860.

        The Committee on Banks to whom the bill was referred reported the same back to the Senate with the following amendment:

        Provided, also, that each of the chartered Banks of this State claiming the provisions of this bill shall be and they are hereby required upon application of any person to issue and keep in circulation during their suspension small bills in denominations of 5, 10, 25 and 50 cents to the extent of one per centum upon their capital stock which said small bills shall be redeemed in current bank bills when presented in sums of five dollars or more, and that the said banks are authorized to issue small bills to the extent of three per centum on their capital stock, with a recommendation that with the amendment the substitute do pass.

        Mr. Seward moved to strike out the words "third" in the first section of the substitute which was agreed to.

        Mr. Gordon moved to amend by inserting in 1st section, after words 1862 "except the last proviso of said second section," which was agreed to.

        Mr. Vason moved the following amendment:

        That each of the banks of this State claiming the provisions of this act shall be and are required to issue and keep in circulation 3 per centum of their capital stock in small bills as low as 25 cents, and not exceeding two dollars, which said bills shall be redeemed in gold and silver coin when called upon by any person for purposes of change, and not for purposes of speculation, in sums not exceeding five dollars, which motion was lost.

        The report as amended was agreed to, and the bill was read the third time and passed, by a majority of two thirds of the members present and voting. Upon the passage of the bill the yeas and nays were recorded, and the yeas were 30 and the nays 5.

        Those who voted in the affirmative were Messrs.:

        Alexander, Beasley, Bell, Bothwell, Boyd, Brown, Echols, Fletcher, Fort, Gaston, Gordon, Griffin, Hansell, Harris, Hill, Thos. Hilliard, Jackson, Jamison, Kendall, King, McRae. Mitchell, Patrick, Seward, Shewmake, Simmons, Stafford, Stephens, Swearingen, Ware.

        Those who voted in the negative were Messrs.:

        Dyer, Lane, Smith, Vason, Wright.

        Yeas 30, nays 5. So the bill was passed.

        The rules being suspended the committee on new counties and county lines made the following report, to-wit:

        The committee on new counties and county lines to whom was referred the bill to change the line between the counties of Chattahoochee and Talbot so as to include the residence and premises of Jas. M. Lowe in the county of Talbot have considered the same, and recommend that the bill do pass.

        On motion the report was taken up.

        Mr. Stafford offered the following amendment, to-wit:

        To add to the caption of the bill the following, to-wit:--"Also to change the line between the counties of Early and Calhoun," which was accepted.

        The report as amended was agreed to, the bill was read the third time and passed.

        The rule being suspended Mr. Bell offered the following resolution, to-wit:

        Resolved, That reporters of newspapers be allowed seats on the floor of the Senate when not in Executive Session; which was taken up, read and adopted.

        The rule being suspended Mr. Seward, chairman of the Judiciary Committee made the following report:

        A bill to prevent during the existing war monopolies and speculations in breadstuff and other articles of general use and consumption, having had the same under consideration report the same back to the Senate and recommend it do pass with amendments; which was taken up.

        Mr. Ware moved to amend the report by adding "sugar and coffee," to be inserted in all places where articles are named.

        On motion the bill was made the special order of the day for Wednesday next, and fifty copies of said bill with the substitute and amendments were ordered to be printed.

        The rule being suspended Mr. Mitchell moved to make the bill for the protection of married women, &c., the special order for Friday next.

        The rule being suspended Mr. Mitchell offered the following resolutions which were taken up, read and adopted:

        WHEREAS, By the Constitution of the Confederate States the power "to declare war," "to raise and support armies, to provide for the calling forth the Militia to execute the laws of the Confederate States, suppress insurrections and repel invasions," is given to the Congress of the Confederate States.

        And Whereas, It is declared in said Constitution, "nor shall any State keep troops or ships-of-war in time of peace, enter into any agreement or compact with any other State, or with a foreign power, or engage in war unless actually invaded or in such imminent danger as will not admit of delay.

        And Whereas, It is also declared by an Ordinance of the Convention of the State of Georgia, passed on the 20th day of March, 1861, "That the State of Georgia hereby transfers to the Government of the Confederate States of America, the arms and munitions of war, acquired from the United States with the forts and arsenals, and which are now in said forts and arsenals."

        "That the Governor of the State is hereby authorized to transfer to the government of the Confederate States such arms, munitions of war, armed vessels or steamers belonging to this State as in his judgment may be expedient, and upon such terms as may be agreed upon with the said government of the Confederate States."

        "The transfer herein provided for shall be conducted on the part of this State by the Governor thereof, the government of the Confederate States undertaking to account for all such arms and munitions of war as are hereby transferred."

        And Whereas, It is well known, and has been known well for the last several months, that the enemy has been engaged

in fitting and equipping one of the most powerful armadas known in the history of war, ancient or modern, for the avowed purpose of attacking and invading the coasts of the cotton growing States of the Confederacy, and it is also well known that the said armada has been fitted up in the most complete and perfect manner, with an ample supply of troops, for the purpose avowedly and with the intent of invading the soil of the cotton growing and gulf States, and that the said armada has actually sailed south from Fortress Monroe, and has actually attacked and invaded the soil of our sister State of South Carolina, and now occupies Port Royal within the jurisdiction of our sister State, only a short distance from the coast of Georgia, and that the said armada has been and probably now is cruising off the coast of the State of Georgia with a view doubtless at the earliest opportunity to make an invasion upon the soil of our beloved Georgia.

        Under the circumstances it is believed to be vitally important that the General Assembly now in session should have the earliest and fullest information in the power of the Executive to communicate to them on the following points, that if there should be any deficiency in the preparations necessary to a complete and successful defence against the invading enemy that the General Assembly may be enabled to render to His Excellency all the aid and assistance in their power both in men and money, necessary to a full and complete defence against any invasion or attempted invasion of the soil of Georgia by the enemy. Has the Confederate States or not, in the opinion of His Excellency, provided and sent to the coast of Georgia sufficient armies and war equipments to repel the threatened invasion? what amount of Confederate troops are now on the coast of Georgia? what number of troops, in the opinion of the Executive, will be necessary under the circumstances to repel the threatened invasion? has the Confederate Government been informed of the threatened invasion, and called on by the Executive to make defence of the coast and supply the men and means therefor? if such calls have been made and the means have not been supplied what are the responses of that government, and the reasons for the failure to make the supplies if any?

        2. Have the arms, munitions of war, armed vessels, forts and arsenals mentioned in the 2d and 3d sections of the Ordinance of 20th March, 1861, been transferred to the Confederate Government by the Executive? If so upon what terms and for what amount or consideration?

        Therefore Resolved, That His Excellency the Governor be and he is hereby respectfully requested to communicate to the Senate responses to the foregoing inquiries, together with all such other matter and information that he may possess

and think proper, therewith together with copies of all such written correspondence as he may have had with the official organs of the Confederate Government mentioned and indicated in the above inquiries.

        And that if there be any matter or thing connected with a response to the foregoing enquiries that in the opinion of His Excellency would be incompatible with the public interest to make public at this time that he be respectfully requested to communicate the same to the Senate in secret session.

        The rule being suspended the Senate took up the following bill from the House of Representatives:

        A bill to consolidate the offices of Secretary of State and Surveyor General, and to require all the duties of said offices to be performed by the Secretary of State, and for other purposes, which was read the first time.

        The rule being suspended the Senate took up and read the second time the following bills from the House of Representatives:

        A bill to authorize the several Banks and banking institutions located at Savannah to remove their places of business into the interior during the invasion of the enemy.

        Also, a bill to authorize the administrator of the late William Williamson, of the county of Harris, to sell all the lands belonging to the estate of the said William Williamson, lying in the counties of Harris and Talbot at the Court House in the county of Harris.

        Also a bill to authorize the Ordinary of Brooks county to draw a balance of the educational fund due said county for the year 1860.

        The rule being suspended the following bill from the House of Representatives was taken up and read the first time, to-wit:

        A bill to change the name of the county of Cass, and for other purposes.

        On motion the Senate adjourned to three o'clock, P. M.

AFTERNOON SESSION, 3 O'CLOCK, P. M.

        The Senate took up as the report of the committee of the whole, the following bills which were on motion severally laid upon the table for the present, to-wit:

        A bill to exempt practicing physicians in Jefferson county from road and jury duty.

        Also a bill to authorize Judges of the Superior Courts in

this State on application of any wife for alimony who has been sued by her husband for a divorce to hear the testimony and determine accordingly.

        Also, a bill to legalize the acts of G. J. Green as Deputy Ordinary in the county of Spalding.

        The Senate took up as the report of the committee of the whole,

        A bill to abolish imprisonment for debt on certain conditions.

        The Judiciary Committee to which this bill was referred reported the same back to the Senate with a recommendation that the same do not pass.

        Mr. Gordon offered a substitute entitled:

        A bill to be entitled an act to amend an act to abolish imprisonment for debt on certain conditions herein setforth, and for other purposes.

        Mr. Seward made a motion to strike out the words "truth of" in the third section, which was lost.

        The report was agreed to, the bill was read the third time and passed.

        The Senate took up as the report of the committee of the whole,

        A bill to legalize and make valid certain acts and proceedings of the Inferior Courts of the counties of Walker, Catoosa and Dade in equipping and furnishing the volunteer companies from said counties entering the service of the Confederate States and of this State, and to confer upon said courts certain powers for like objects in future, and for other purposes.

        Mr. Lane offered the following amendment, which was accepted, to-wit:

        And be it enacted, That the several citizens of said counties who have voluntarily contributed of their private means to the equipping and furnishing the several volunteer companies already gone into the service of the Confederate States or of this State be allowed to make affidavit before any officer who may be authorized to administer oaths of the amount or amounts which they or each of them may have so contributed as aforesaid, and that the said contributors be allowed as a credit the several sums in payment of their taxes for county purposes in said counties as aforesaid.

        Motions were offered as follows:

        To extend the provisions of said bill to the counties in said amendments, mentioned respectively, to-wit:

        Mr. Hansell--to the counties of Cobb, Fulton and Clayton.

        Mr. Brown--to the counties of Muscogee, Chattahoochee and Marion.

        Mr. Dyer--to the counties of Jasper, Morgan and Putnam.

        Mr. Patrick--to the counties of Franklin, Habersham and Hart.

        Mr. Gaston--to the counties of Meriwether, Coweta and Campbell.

        Mr. Kendall--to the counties of Upson, Harris and Talbot.

        Mr. Vason--to the counties of Dougherty, Lee and Worth.

        Mr. Ware--to the counties of Polk, Paulding and Haralson.

        Mr. Harris--to the county of Hancock.

        Mr. Hill--to the counties of Wilkes, Lincoln and Columbia.

        Mr. Beasley--to the county of Troup.

        Mr. Anthony--to the counties of Clay, Randolph and Terrill.

        Mr. Bell--to the counties of Forsyth, Cherokee and Milton.

        Mr. Ware--to the county of Polk.

        Mr. Smith--to the counties of Wilkinson, Jones, Twiggs, Early, Miller and Calhoun.

        The following amendments were also offered, to-wit:

        Mr. Shewmake--Section, And be it further enacted, That the provisions of this bill as far as applicable, be extended to the counties of Burke, Scriven, Bulloch, Dooly, Wilcox and Pulaski.

        Mr. Thomas Hilliard--to the counties of Clinch, Chatham, Bryan and Effingham.

        Mr. Stafford offered the following amendment:

        That the said Inferior Court shall have power to assess the compensation of such Tax Collectors for collecting said fund.

        The bill was read the second time, and on motion of Mr. Swearingen laid upon the table for the present, and fifty copies ordered to be printed.

        The Senate took up as the report of the committee of the whole,

        A bill to add an additional section to the Penal Code of Georgia.

        The report was agreed to, the bill was read the third time and passed.

        On motion of Mr. Seward the rule was suspended and the following resolution was taken up, read and adopted, to-wit:

        Resolved, By the Senate that from and after Thursday next no new matter shall be introduced except such as shall relate to the public credit, and providing the means for the military defence of the country.

        On motion of Mr. Anthony the rule was suspended and the resolution relative to the duties of planters in reference

to the culture of cotton was taken up and referred to the Committee on Agriculture.

        On motion of Mr. Beasley the rules were suspended and a bill entitled an act more effectually to organize the Georgia Institution for the Deaf and Dumb, and for other purposes was taken up, read the second time and referred to the Committee on the Deaf and Dumb Asylum.

        The memorial of Duff. Green in relation to the Dalton City Company was presented to the Senate and read.

        The Senate then adjourned until ten o'clock, to-morrow morning.

TUESDAY, NOVEMBER 19TH, 1861,
10 O'CLOCK, A. M.

        The Senate met according to adjournment, and was opened with prayer by the Rev. Mr. Lane.

        Mr. Bell moved to reconsider so much of the Journal of yesterday as relates to the action of Senate upon a bill to amend an act to abloish imprisonment for debt upon certain conditions, &c.

        The motion to reconsider prevailed.

        The following message was received from the House of Representatives, by their Clerk, Mr. Carrington:

        Mr. Speaker:--I am directed by the House of Representatives to inform the Senate that the House of Representatives have passed

        A bill to be entitled an act to authorize the Justices of the Inferior Courts of the several counties in this State, from time to time, in their discretion, to levy such extra taxes as they may deem necessary to equip volunteer or other soldiers from their respective counties, and to provide for the indigent families of soldiers; to authorize the collection of the same, and to legalize their previous action in the premises, and for other purposes; and I am directed to transmit the same to the Senate forthwith.

        Mr. Hansell moved to suspend the rule to take up and read for the first time the bill just received from the House of Representatives, which was agreed to.

        The following bill from the House of Representatives was then taken up and read the first time, to-wit:

        A bill to authorize the Justices of the Inferior Courts of the several counties of this State from time to time, in their discretion, to levy such extra taxes as they may deem necessary

to equip Volunteers or other soldiers from their respective counties, and to provide for the indigent families of soldiers; to authorize the collection of the same, and to legalize their previous action in the premises, and for other purposes.

        On motion of Mr. Hansell fifty copies of the bill were ordered to be printed for the use of the Senate.

        On motion the rule was suspended, and Mr. Vason offered the following resolution, to-wit:

        Resolved, If the House of Representatives concur, that in all elections by the General Assembly a record of the vote or votes of each member shall be transmitted to the Secretary of the Senate and the Clerk of the House, and be by them spread upon the Journals of the respective Houses. That no vote shall be changed after the member announcing it so as to change or vary the result, and if no election is then made, the roll shall be called and the voting proceed as before.

        The resolution was taken up.

        Mr. Hansell moved the following amendment to-wit:

        To amend so as to make it only necessary for the Secretary to record the vote of the Senators on his Journal, and the Clerk of the House to record on his Journal the vote of the House of Representatives, which was accepted.

        Mr. Harris offered the following as a substitute for the original resolution, which was lost, to-wit:

        Rule 30th. In all elections for the presiding and other officers of the Senate, and in all elections of the General Assembly by viva voce, each Senator as his name is called shall immediately rise from his seat and declare in a distinct and audible voice the name of the person or persons for whom he may vote without remarks of any kind, unless excused from voting by a majority of the members of the Senate present, and that his vote shall be entered on the Journal of the Senate.

        Mr. Gordon offered the following amendment, to-wit:

        And be it further resolved, That in the election of Confederate States Senators, the General Assembly will proceed to ballot for one Senator at a time.

        Mr. Mitchell offered the following amendment to the amendment, to-wit:

        So as to make said amendment read "ballot for two Senators at once."

        The amendment to the amendment was not agreed to.

        The amendment was agreed to.

        The resolution as amended was adopted.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr. President:--I am instructed by the House of Representatives to inform the Senate that they are now ready to receive them in their Hall for the purpose of proceeding to the election of two Senators to the Congress of the Confederate States of America.

        The rule being suspended, on motion of Mr. Seward the Senate took up as the report of the committee of the whole the following bill from the House of Representatives:

        A bill to authorize the Ordinary of Brooks county to draw a balance of the Educational Fund due said county for the year 1860.

        The report was agreed to; the bill was read the third time and passed.

        The rule being suspended, on motion of Mr. Gordon, the Senate took up as the report of the committee of the whole a bill from the House of Representatives to authorize the several banks and banking institutions located at Savannah to remove their places of business into the interior during the invasion of the enemy.

        The report was agreed to; the bill was read the third time and passed.

        The special order, which was

        A bill to incorporate the Planters' Insurance Trust and Loan Company, was taken up and laid upon the table for the present.

        On motion of Mr. Seward the rule was suspended and he offered the following resolution, which was taken up, read and adopted, to-wit:

        Resolved by the Senate and House of Representatives, That Georgia is deeply concerned in having the Boundary Line between her and her sister State of Florida permanently settled and fixed, an end to the unfortunate controversy which has been pending so long is due alike to citizens of both States bordering upon the line of dispute. The settlement of this question is demanded, that no infringement of the sovereignity of either State shall happen nor any questions arise as to conflict jurisdictions. The undisputed right of citizenship and allegiance should no longer be kept in doubt, and the limits of the respective sovereignties should be fully determined, recognised and understood.

        The Legislature of Georgia desires to address the Legislative authority of Florida in a spirit of amity and kindness, and to appeal to her upon the principles of comity and good neighborhood to contribute everything she can compatible with her honor and sense of right to the adjustment

of our unsettled boundary line, a source of irritation, discontent and dissatisfaction.

        The State of Georgia is not unaware of the points of difference existing ever since the treaty between the United States and Spain of 1795, and (even prior thereto), She understood her boundary. The 3d article of the treaty of 1795 defines what should be the correct line of division, which is in these words:

        "The southern boundary which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the river Mississippi, at the Northernmost part of the thirty-first degree of latitude North of the Equator, which from thence shall be drawn East to the middle of the river Apalachicola or Chattahoochee, thence along the middle thereof to its junction with the Flint, thence straight to the head of the St. Mary's river, and thence down the middle thereof to the Atlantic Ocean."

        Commissioners were appointed under the treaty to perform their duty in running the line designated by the terms thereof, and the mode of proceeding by said treaty is declared thus:

        "In order to carry the preceding article (the 3d article) into effect, one commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natches on the other side of the Mississippi before the expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary according to the stipulations of said article; they shall make plats and keep journals of the proceedings, which shall be considered part of this convention, and shall have the same force as if they were inserted therein."

        From the Mississippi to the Chattachoochee they executed their commission according to the stipulations of the treaty. The remaining part of their duty they failed to perform. The point of departure and the point of termination are both fixed by the treaty, and it is provided that said commissioners should run and mark to and from these points. The points referred to are from the junction of the Flint and Chattahoochee rivers to the head of the St. Mary's. It is a historical fact that no surveys were made between the junction of the Flint and the Chattahoochee rivers and the head of the St. Mary's, on account of Indian disturbances. That Ellicott designated on his plat mound B, as being a little North of the head waters of the St. Mary's, and being the Northern branch of the said river and consented that this point should indicate the true source of said stream, may probably be insisted upon, but the fact is unquestionable that no such power was given him. He having power to act as a simple commissioner, his duties

and powers being limited by the treaty which was the supreme law of the land.

        The evidence now exists that at the time the commissioners were endeavoring to ascertain the head of the St. Mary's river, on account of the heavy rains and heavy freshets consequent thereupon, the low flat district of country from whence the source of the river takes its rise, it was impossible for them to determine the fact. In fact mound B is not near the head source of said river, which is now (since the country is settled) capable of the fullest and most conclusive proof.

        Florida insists that mound B should be regarded the fixed point to determine the head waters of the river St. Mary's. Georgia insists that the most Southern branch of the river is the longest, and has the greatest volume of water, and therefore that the dividing line between the two States, from the junction of that and the Chattahoochee rivers, should be run to the head of the most Southern stream. Thus it will be seen that if Georgia insists upon her view of the subject, she will claim a considerable portion of the territory of the State of Florida, and include many valuable citizens within the jurisdiction of Georgia. On the other hand, if Florida should adhere to her views, she would embrace a portion of the territory of Georgia, and also take within her jurisdiction many of the recognized citizens of Georgia.

        It is obvious to the two States holding these adverse positions, and insisting upon the abstract rights set up by each, a settlement of the contested boundary is impossible without long and tedious litigation between the two States, and before the Supreme Court of the Confederate States. The two sovereignties from their positions, competent to adjust their differences, it seems to the Legislature of Georgia, can be settled in a manner more compatible with the dignity, peace, friendship, amity and good will of both.

        The General Assembly, to avoid further dispute, proposes to her sister State of Florida that what is denominated as the Watson line, which will leave in the limits of this State the fractional lots of land heretofore sold under an act of her Legislature, shall be adopted as the boundary line. The settlement upon this basis will not interfere with the rights of citizenship as claimed by the citizens of either State.

        The positions of the two States, united by a common interest, and sharing perils alike with each other in resisting a common enemy, are considerations which require that border difficulties and all causes of irritation should be put an end to.

        Be it therefore Resolved, That his Excellency the Governor be requested to transmit the foregoing preamble and

these resolutions to his Excellency the Governor of Florida, with a request that he submit the same to the Legislature of Florida. And

        Resolved, further, That the Governor do appoint two commissioners to visit the seat of Government of the State of Florida, who are hereby clothed with authority to negociate and settle the boundary line with the authorities of Florida upon the terms prescribed in the aforesaid recital and preamble.

        The rule being suspended, on motion of Mr. Kendall, the Senate took up as the report of the committee of the whole,

        A bill from the House of Representatives to authorize the Administrator of the late William Williamson, of the county of Harris, to sell all the land belonging to the estate of the said William Williamson, lying and being in the counties of Harris and Talbot, at the Court House in the county of Harris.

        The report was agreed to; the bill was read the third time and passed.

        The rule being suspended, on motion of Mr. Boyd, the following bill from the House of Representatives was taken up and read the second time, to-wit:

        A bill to consolidate the offices of the Secretary of State and Surveyor General, and to require all the duties of said offices to be performed by the Secretary of State, and for other purposes.

        Mr. Boyd reported a bill to make effectual the second clause of the 2d section of the 4th article of the constitution of the State of Georgia, and to prescribe more fully the mode by which the rights and disabilities of parties in actions of divorce shall be determined; which was read the first time.

        Mr. Gordon reported a bill to fix and define the rank of the Adjutant and Inspector General of the State of Georgia, and to assign him a military Secretary; which was read the first time.

        Also, a bill to regulate foreign exchange; which was read the first time.

        Mr. Griffin reported a bill for the relief of Sumner W. Baker and Solomon B. Smith, Executors of the estate of Benjamin Lane, late of said county deceased; which was read the first time.

        Mr. Gordon reported a bill to carry into effect the fourth clause of the first section of the third article of the constitution of this State; which was read the first time.

        Mr. Hansell presented a petition from certain citizens of

the county of Fannin; which without reading, was referred to the committee on Petitions.

        Mr. Harris reported a bill to repeal an act to regulate the hours of labor by all white persons under twenty-one years in all cotton, woolen, and other manufacturing establishments in this State, and for other purposes, which was read the first time.

        Mr. Jackson reported a bill to suspend the statute of limitations, and for other purposes, which was read the first time.

        Also, the following amendment to the rules of the Senate:

        The Senate when in Executive session on any nomination made by the Governor, which appointment requires that the same be made by and with the advice and consent of the Senate, the President shall appoint a committee of five to confer with the Governor as to the propriety of such appointment or confirmation of such person so nominated, which committee shall make their report to the Senate immediately or at their next Executive session; their report through their Chairman, the information obtained, submit the same to the Senate, who may proceed to vote upon the nomination; which was read.

        Mr. Jamison reported a bill to authorize all Volunteers and other troops in the service from this State to vote at all elections without reference to the place where they may be in service at the time of such elections, and for other purposes, which was read the first time.

        Mr. Killen reported a bill to incorporate a Bank in the city of Savannah to be called the Cotton Planters' Bank of the State of Georgia, which was read the first time.

        On motion of Mr. Killen fifty copies were ordered to be printed for the use of the Senate.

        The following message was received from the House of Representatives, by Mr. Carrington, their Clerk:

        Mr. President: I am directed by the House of Representatives to inform the Senate that they have concurred in the following resolutions, relative to the mode &c., of electing two Senators for the Congress of the Confederate States of America, with a certain amendment, in which they ask the concurrence of the Senate.

        On motion the amendment of the House was concurred in by the Senate.

        Mr. Mitchell reported a bill to reimburse and pay by the State to the several counties in this State all such sums of money as they may have or shall hereafter pay for the equipment of Volunteers from their respective county, and for the support of the indigent families of said Volunteers, and for other purposes; which was read the first time.

        Mr. Stafford reported a bill to relieve certain persons from the pains and disabilities of a judgment of divorce; which was read the first time.

        Also, a bill to authorize Guardians, Trustees, Executors, and Administrators to invest in Confederate States bonds and land and negroes; which was read the first time.

        Mr. Ware reported the following bill, which was read the first time, to-wit:

        An act to be entitled an act to authorize Polly Knowles, a free person of color, to sell herself and children into perpetual slavery.

        The following message was received from the House of Representatives, by their Clerk, Mr. Carrington:

        Mr. President:--I am directed by the House of Representatives to inform the Senate that the House of Representatives is now ready to receive the Senate in their Hall for the purpose of proceeding to the election of two Senators for the Congress of the Confederate States of America.

        Mr. Dyer reported as duly enrolled and ready for signanature the joint resolution to bring on the election of Senators to the Confederate Congress, at 11 o'clock A. M., Tuesday, 19th inst.

        On motion the Senate repaired to the Hall of the House of Representatives, where they proceeded to the general order of the day, to-wit:

        The election of two Senators to represent the State of Georgia in the Congress of the Confederate States of America.

        The following gentlemen were announced as candidates.

        Mr. Gordon announced the name of the Hon. Robert Toombs.

        Mr. Bigham announced the name of the Hon. Benjamin H. Hill.