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.

Revision History:

• 2000-12-14,
  Celine Noel and Wanda Gunther
  revised TEIHeader and created catalog record for the electronic edition.
  
  
• 2000-09-19,
  Natalia Smith, project manager,
  finished TEI-conformant encoding and final proofing.
  
  
• 2000-08-28,
  Katherine Anderson
  finished TEI/SGML encoding
  
  
• 2000-07-29,
  Apex Data Services, Inc.
  finished scanning (OCR) and proofing.
  
  

JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA,
AT THE ANNUAL SESSION
OF THE
GENERAL ASSEMBLY,
Begun and held in Milledgeville, the seatof Government, in
1862.

BOUGHTON, NISBET & BARNES, STATE PRINTERS.
MILLEDGEVILLE, GA.
1862.

JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA.

MILLEDGEVILLE, Ga.,
Thursday, November 6th, 1862.

        The Senate, in accordance with the laws of the State, convened this day, in its annual session at Milledgeville, and was called to order by its President, the Hon. John Billups, from the twenty-seventh Senatorial District.

        The roll being called, the following Senators answered to their names, to-wit:

        Alexander, Authony, Billups, Bothwell, Boyd, Brown, Echols, Furlow, Gaston, Gordon, Griffin, Harris, Hill, Hilliard, James; Hilliard, Thos.; Jackson, Jamison, Kendall, Killen, Lane, McRae, Mosely, Seward, Shewmake, Smith, Stafford, Stephens, Swearingen, Vason, Wright.

        On motion, Mr. John B. Benson, the newly elected Senator from the thirty-first Senatorial District, appeared, presented his credentials, and having taken the oath prescribed by the Constitution of the State, before the President, took his seat.

        The following resolution was reported by Mr. Furlow, and passed.

        Resolved, That the Secretary inform the House of Representatives that the Senate is now organized and ready to proceed to business.

        Mr. Gordon reported the following preamble and resolutions, which, on motion, were taken up and unanimously adoped, to-wit:

        WHEREAS, It is evident that the theatre of war must soon be transferred from the battle fields of Virginia to the seaport towns of our cotton States; And whereas, emulating

the devoted heroism of the people of Vicksburg, we desire for Georgia that her seaport city should be defended to the last extremity at whatever cost of life or property.

        Resolved, That in the opinion of the General Assembly of Georgia the city of Savannah should never be surrendered; that it should be defended street by street and house by house, until, if taken, the victor's spoils should be alone a heap of ashes.

        Resolved, If the House concur, That the joint Finance Committee be instructed to report forthwith a bill appropriating such sum as may be necessary for the removal of the helpless women and children in Savannah to a place of security.

        Resolved, That a copy of these resolutions be forwarded by the Governor to the General commanding, with the assurance that the people of Georgia will accept any calamity rather than suffer her soil to be polluted by the tread of the abolition invader.

        On motion, the foregoing preamble and resolutions were ordered to be forthwith transmitted to the House of Representatives.

        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 the House of Representatives is now organized, and are ready to proceed to business, and have appointed Messrs. Washington, Lee, of Muscogee, and Bacon a committee to act in concert with such as the Senate may appoint to wait on his Excellency the Governor and inform him that this General Assembly is now organized, and ready to receive any communication he may think proper to make.

        The following resolution was reported by Mr. Vason, and upon motion of Mr. Seward, laid upon the table for the present, to-wit:

        WHEREAS, A large portion of the business of the last session remained undisposed of at the adjournment, and it is desirable that the same shall be taken up, if can be done under the Constitution.

        Be it resolved, That a committee of three be appointed to unite with a similar committee from the House of Representatives, with instructions to report upon the subject at an early day of the session.

        The following resolution reported by Mr. Furlow was adopted:

        Resolved, That the President appoint a committee of three to join such committee as may be appointed by the House

to wait upon his Excellency the Governor and inform him that the General Assembly is organized and ready to receive any communication he may have to submit, at such time as he may designate.

        The President appointed Messrs. Furlow, Lane and Hill upon the committee, and the resolution ordered to be transmitted to the House by the Secretary.

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

        Mr. President:--The House of Representatives have passed the following resolution, in which they ask the concurrence of the Senate:

        Resolved, That a joint committee, consisting of three from the House, appointed by the Speaker, and two from the Senate, appointed by the President, be constituted to consider and report upon questions concerning the salt supplies, and have appointed as such committee, on the part of the House, Messrs. Bigham, Cochran of Wilkinson, and Neal.

        Mr. Furlow, from the committee appointed to wait upon the Governor and inform him the General Assembly was ready to receive any communication, reported the duty discharged, and that a communication would be received in a few minutes.

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

        Mr. President:--I am directed by the Governor to deliver to the Senate his Annual Message, with accompanying documents, together with a special message upon the subjects of Conscription, Martial Law, Habeas Corpus and the Impressment of Private Property by Confederate officers.

        On motion of Mr. Thos, Hilliard, the communication of the Governor was taken up and read as follows:

GOVERNOR'S MESSAGE.

Executive Department,
Milledgeville, November 6th, 1862.

To the Senate and
House of Representatives:

        For a statement of the condition of the Treasury, you are respectfully referred to the reports of the Treasurer and the Comptroller General. It will be seen by reference to these reports that the whole public debt of this State, including the Treasury notes issued up to this period, amounts to $8,417,750, and that the public property of the State, including Bank stock, Railroad stock, and the Western and Atlantic Railroad, which is the property of the State, amounts at a low valuation to $8,840,124 68. It would therefore be in the power of the State to pay every dollar of her debt with the proceeds of the sale of her public property, if her creditors would consent to receive the money before due.

THE FIVE MILLION APPROPRIATION.

        Of the five millions of dollars, appropriated at your last session for military purposes, only $2,539,290 25 have been drawn from the Treasury during the fiscal year. Of this sum $350,000 has been returned by Lieut. Col. Jared I Whitaker, Commissary General, and $50,000 by Lieut. Col. Ira R. Foster, Quartermaster General, and $58,286 by Major L. H. McIntosh, Chief of Ordinance, for stores in their respective departments, sold to officers under the army regulations, and to the Confederacy after the State troops were transferred. The amount of the appropriation which has been used, is therefore, $2,081,004 25. Of this sum $100,000 was expended in payment for arms purchased in England prior to your last session; and $50,000 40 for iron to be used in fortifications and upon the gunboat called the "State of Georgia." This boat was built under the supervision of Major General Jackson

while in command, and completed after he retired. The balance of the money for its construction was contributed by the cities of Savannah Augusta and other corporations, by soldiers, and chiefly by the ladies of this State, who have shown since the commencement of our struggle, on all proper occasions, a liberality and patriotism worthy the most distinguished matrons of the Revolution of 1776.

        For support, equipment, pay and transportation of two companies now in service as Bridge Guards on the State Road, $10,000. This leaves $1,921,000 85, which, together with a special appropriation of $100,000, was expended upon the Georgia army, and for other contingent military purposes. It will be seen, however, by reference to the Reports of the Quartermaster General and the Chief of Ordnance, that very considerable sums were expended for the purchase of horses, artillery, &c., which were transferred to the Confederacy with the Georgia army, for which no payment has yet been made to the State. These sums, with contingent military expenditures, when deducted from the above mentioned sums, will leave the whole cost of the Georgia army of nearly 8,000 men, for nearly six months, including pay, clothing, subsistence, transportation, and every other expense, a little short of $2,000,000.

TREASURY NOTES.

        The Appropriation Bill passed at your last session made it my duty, in case there should not, at any time, be money in the Treasury to meet any appropriation, to raise it by the sale of State bonds, or by issuing Treasury notes, as I might think best. In each case where I had the discretion, I did not hesitate to decide to issue Treasury notes, bearing no interest, in place of bonds bearing interest; and I have found these notes not only current, but in great demand as an investment. The whole amount of Treasury notes issued is $2,320,000.

        Finding it difficult to get good paper and to get the work properly executed, I sent Hon. James Jackson as the agent of the State to New Orleans, to make the necessary arrangements for the importation of the paper and the necessary contract with a competent engraver for the execution of the work. In both particulars he was successful. While the work was progressing in a satisfactory manner, but before its completion, the city was so seriously threatened by the enemy, that I thought it prudent to have the work in its unfinished state, with the stones, plates, paper, &c., removed to this State. Under my instructions, Judge Jackson returned to the city for this purpose, settled with the contractor for the work done, and had all the printed bills and material in transitu for Georgia, when the city fell into the hands of the infamous tyrant, Butler, whose name will

descend to posterity on history's darkest page. I then employed Mr. Howell, of Savannah, to complete the job, which was done in a manner quite satisfactory. The notes are payable in specie or eight per cent. bonds, six months after a treaty of peace, or when the Banks of Augusta and Savannah resume specie payments if before that time. These notes have generally been laid away as a safe investment by banks and others into whose hands they have fallen; and it is a rare occurrence to see one in circulation. Should it become necessary, as it probably will, to extend the issue to meet part of the liabilities of the Treasury for the present fiscal year; I respectfully recommend that no alteration be made in the form of the notes, as there is on hand a very considerable amount of the printed bills that can soon be issued without expense, which would be useless in case of any change in the present form, and it would cost great delay and expense to procure paper and have others prepared.

        The only objection insisted upon against the issue of Treasury notes, in place of the sale of bonds to meet the demands on the Treasury, is, that the issue of a large amount of notes to be circulated as currency, depreciates the value of paper currency in the market. This is unquestionably true, as evidenced by the present state of our currency. But it is equally true that enough of paper currency must be issued, in the present condition of the country, to meet the demand. Suppose the State needs a million of dollars, and puts her bonds in the market to raise it, and receives paper currency in payment for them, it is quite evident that the Confederacy, or the Banks, must issue a million to meet this demand, in addition to the issue they would otherwise make for other purposes; and the same depreciation growing out of a redundancy of paper currency follows, which would happen, were the State to issue a million of dollars in her own notes, and thus meet her own demand. The question is not one of the depreciation of the currency by over issues of paper, as the number of dollars in paper currency to be placed upon the market is the same in either case, but it is simply a question of interest. Shall the State use her own notes, which pass readily as currency without interest, and are generally laid away as an investment, or shall she pay interest to a corporation for the privilege of using and circulating its notes, founded upon a less secure basis than her own? In my opinion there is no room for hesitation in making the decision in favor of Treasury notes. The amount of interest saved to the Treasury in one year at seven per cent. upon the issue of notes already made in place of bonds, is $162,400. To this might have been added the further sum of $170,870, had I been authorized by the statute to issue and use Treasury

notes in place of bonds to meet the Confederate war tax. This statute was a special one for a special purpose, however, and confined me to the use of bonds without giving me discretion to issue Treasury notes.

CONFEDERATE WAR TAX.

        An act passed at your last session assumed the payment of the Confederate War Tax, assessed against the people of this State for last year, and made it my duty to raise the amount by the sale of State bonds, with but one restriction, which was that they should not bear exceeding eight per cent. interest per annum. As the Confederacy and the other States generally, were paying eight per cent., it was not supposed that this State would be able to raise the money upon bonds bearing a less rate. Before I could get the Treasury notes prepared, which I was authorized to issue for other purposes, I had to negotiate some temporary loans with the banks at eight per cent. to raise money to defray the expenses of the army till the notes could be issued. It is but justice, however, that I remark, that all the Banks except the Bank of Commerce and the Bank of the State, refused to accept more than seven per cent. on settlement for this temporary advance. The war tax was due the 1st of April, and as I anticipated some difficulty in securing promptly so large a sum, I visited Savannah in the latter part of January, and had an interview with some of the most prominent bankers of the city, which resulted in a proposition on their part to take the bonds of the State running ten years, bearing 7 per cent., payable quarterly, and advance money to meet the emergency if I would pay interest from first of February. To this I consented, and the banks advanced $2,000,000, a portion of which was placed to the credit of the Treasurer after the first of February, and bore interest only from the date when it was placed to the credit of the State. Having no use for the money till the first of April, the date when the tax was due, I proposed to pay it to the Secretary of the Treasury, if he would allow seven per cent. upon the advance, till the tax should become due. This proposition was declined, and I then invested it in the six per cent. stock of the Confederacy, and was able to realize six per cent. upon it till first of April. Bankers from other States would have taken the balance of the bonds, but I thought it best to put them on the market in this State, and let them go into the hands of our citizens if they would purchase them. This was done by a publication asking bids for them at par till first of March. The bids were more than sufficient to cover the whole balance of the proposed issue. The issue and sale under this act amounts to $2,441,000 in bonds.

        The precise amount of the State's quota of the tax could not be ascertained on the first of April, and the Secretary of the Treasury proposed that I pay the amount supposed to be due, and that a final settlement be made when the necessary data could be obtained. To this I agreed. Recently I was furnished with a statement making Georgia's quota, less the ten per cent., $2,554,128 57. Upon the receipt of this statement, the Comptroller General, who has so often saved to the State Treasury large sums by his vigilance and industry, carefully compared the returns of the counties with the returns of taxable property made to the State Receivers, and found that the difference in some counties was so great that mistakes for large amounts must necessarily have been committed against the State. This matter was brought to the attention of the Chief Collector for this State and the Secretary of the Treasury. After some correspondence, the Comptroller General visited Augusta, and after a careful examination of the books with Judge Starnes, the obliging Collector, it was found that the quota of the State, after deducting the ten per cent., amounted to only $2,494,112 41. The amount saved to the Treasury of the State by the correction of these errors committed by subcollectors, and detected by the Comptroller General, is $60,016 16. Finding the sum raised by the sale of the bonds, together with interest on call certificates, and from indviduals on coupons, to be $33,974 01 less than the amount of tax due on the final settlement, I ventured to raise the money by the use of Treasury notes at par, without interest, in place of bonds bearing interest as directed by the statute, which, I trust, will meet the approval of the General Assembly.

        While it was difficult to raise the money on seven per cent. bonds at par when first placed on the market, and the banks acted with liberality in agreeing to take them when other good securities were offered at eight per cent., and by their action attracted the attention of private capitalists to them, they have lost nothing by their liberality, as the bonds have since that time greatly appreciated in the market, and are now regarded a most desirable investment at a considerable premium.

COMPTROLLER GENERAL'S DEPARTMENT.

        The report of this able officer is replete with valuable information, statistical tables, &c., which have been prepared with great care and labor. It is but justice to say that Col. Thweatt, the vigilant and active head of this department, has, by his annual reports, furnished much valuable information to the present generation, and important material for the use of the future historian of the State. The law imposes upon that officer very laborious duties connected

with the finances of the State, the collection of the taxes, and the auditing of claims against the Treasury. All settlements with Collectors are made in that office. Colonel Thweatt, by his active energy, has secured to the Treasury many thousands of dollars due by Collectors prior to the commencement of his term of office, and has prevented the accumulation of these claims. The correspondence imposed upon him, in making settlements and in furnishing information to the Tax Collectors and to the Inferior Courts of the State, in connection with the taxes, is very laborious. This, with the other duties of his office, is more than any one man ought to be required to do. I therefore recommend, as an act of justice, that he be allowed a clerk, with a salary sufficient to secure the services of an intelligent, experienced business man.

STATE TROOPS.

        In compliance with the resolution of the General Assembly passed at its last session, directing me to transfer the State troops to the Confederacy with the consent of the troops, I ordered the question of transfer to be submitted to a fair vote of each organized body of troops, and the majority against the transfer amounted almost to unanimity. Soon after the passage of the Conscription Act, however, which passed after the expiration of the term of enlistment of part of the men, but a short time before the end of the term of much the larger portion of them, the Secretary of War informed me that all the State troops between 18 and 35 years of age must go into the Confederate service. At that time an attack upon the city of Savannah was daily expected, and for the purpose of avoiding conflict and collision with the Confederate authorities in the face of the enemy, I agreed to yield the point, and I immediately tendered the State Army to Brigadier General Lawton, who then commanded the Military District of Georgia, Major General Henry R. Jackson, who commanded the State troops, having retired from the command to prevent all embarrassment. General Lawton accepted the tender, and assumed the command of the troops. The claim made by the Secretary of War did not include those under 18 or over 35 years of age, but it was thought best to tender the whole together, as the detachment of those between 18 and 35 from each organization would have disorganized the entire force.

        While referring to the subject, I feel it a duty which I owe to the gallant officers and brave men who composed the State Army, to say that they were, at the time of the transfer, as thoroughly organized, trained And disciplined, as probably any body of troops of equal number on the continent, who had not been a much longer time in the field.

They had performed, without murmur, an almost incredible amount of labor in erecting fortifications and field works necessary to the protection of the city, and had made their position so strong as to deter the enemy, with a force of vastly superior numbers, from making an attack. While they regretted that an opportunity did not offer to show their courage and efficiency upon the battle-field, they stood, like a bulwark of stout hearts and strong arms, between the city and the enemy, and by their chivalrous bearing and energetic preparation, in connection with the smaller number of brave Confederate troops near, saved the city from attack and capture, without bloodshed and carnage.

        It is but justice to Major General Jackson, that it be remarked, that he had, with untiring energy and consummate ability, pressed forward the preparation of the defenses and the training of the army, and that the people of Georgia owe much of gratitude to him for the safety of the city of Savannah and its present freedom from the tyrannical rule of the enemy. There is not, probably, an intelligent, impartial man in the State who does not regret that the services of this distinguished son of Georgia should not have been properly appreciated by the Confederate authorities, and that he should not, after the Georgia army was transferred, have been invited by the President to a command equal to his well known ability and merit. This was requested by the Executive of this State, which request was presented to the President by her entire delegation in Congress.

        It is also due Brigadier Generals George P. Harrison, F. W. Capers, and W. H. T. Walker, that their names be honorably mentioned for enlightened generalship and efficiency as commanders of their respective brigades. The Executive of the State, appreciating the merits of these officers, asked for positions for them, as commanders in the armies of the Confederacy, but neither of them, so far as I know, has been tendered any command. If this might be excused as to Generals Harrison and Capers, on the ground that they were not graduates of West Point and old army officers, though one of them has a thorough military education, and the other is known to be a most valuable, energetic military man, having the confidence of the whole people of the State, this excuse does not apply in the case of General Walker, who is a son of Georgia, a graduate of West Point and an old soldier, who has shed his blood in his country's service on many a battle field. His ability and gallantry are acknowledged by all who admire cool courage and high-toned chivalry. But no one of the Georgia Generals who commanded her State army has since been invited to a position, and even this gallant old soldier is permitted to remain in retirement, while thousands of Georgia troops who

entered the service of the Confederacy under requisitions upon the State, and whose right, under the Constitution, to be commanded by Generals appointed by the State is too clear to admit of doubt, are thrown under the command of Generals appointed from other States, many of whom have had neither the experience in service, nor the distinction, which General Walker has, while confronting the enemies of his country, purchased with his blood upon the battle field.

STATE ARMORY.

        In accordance with the provisions of the Act entitled an Act to provide for the manufacture and purchase of arms for the public defense and to appropriate money for the same, which appropriates $350,000 for the purposes indicated in the title of the Act, and authorizes the Governor, if the money is not in the Treasury, when needed, to raise it by the sale of 8 per cent bonds, with discretion to issue part of the amount in Treasury notes, &c., I directed the establishment of an Armory in the Penitentiary, and employed Mr. Peter Jones, who was long connected prominently with the Armories and manufacture of arms, for the United States, to take charge of and superintend the works. He has secured as much material as he could, and made all the machinery in his power, and has made as good progress as could have been expected, considering the many embarrassments in the way, and our inability to import any of the material or machinery needed. We can now turn out an excellent arm at the rate of about 125 per month, and will in the course of a few months, it is hoped, be able to extend the capacity of the works, so as to make them a source of substantial aid in the achievement of our independence.

        I have not been able to purchase any small arms during the year, nor have I been able to get possession of much the larger portion of those purchased in England prior to your last session and since imported. About 4,300 of the excellent Enfield rifles which were imported by the State at great risk and expense, have been seized at the different ports where they landed, by officers of the Confederate Government and carried beyond my reach. I have remonstrated against these unauthorized seizures of the property of the State, and while my remonstrances have been met with respectful language by those in authority, and the act generally apologised for, as a mistake, they have neglected to restore the property seized, and have, after my remonstrance, repeated the seizure on the arrival of other arms. As the rights of the State were disregarded by the Confederate authorities, I thought it unwise to send more money to Europe to invest in other arms to be lost at sea

or seized, without consulting the authorities of the State, on their arrival.

        In this connection, I would remark that the State troops generally brought with them into service such country arms as were at their command, which were turned into the State Arsenal when better arms were furnished to them. Many of these arms were taken possession of by the State authorities and distributed among Confederate troops who were without arms. Part of Col. D. J. Bailey's regiment, Confederate troops, were armed with them, as were part of Lieut. Col. Littlefield's battalion and part of Col. Summer J. Smith's Rangers. Compensation has not yet been made to the owners. I therefore recommend that some one or more proper persons be appointed under authority of law to audit the claims of citizens who were thus deprived of their arms, and that provision be made for payment of just compensation for all that have been taken for the public service.

CHANGE BILLS.

        The Superintendent of the W. & A. R. Road, finding it impossible to attend to the duties of his office and sign all the change bills, which he was required by the Act of 17th December, 1861, to issue, with my assent, employed Mr. Wm. Grisham to sign the bills for him. The whole amount of bills issued to 30th September is, in round numbers, $80,000. Most of these are signed by Mr. Grisham for the Superintendent and by Ben. May, Treasurer. The balance of the $200,000 will be issued as soon as the bills can be prepared, which has been found to be quite a laborious task.

        By Act of 30th November last, each chartered Bank in this State, which claims the provisions of the suspension Act, is required, upon the application of any person, to issue and keep in circulation during its suspension, small bills in denominations of five, ten, twenty-five and fifty cents, to the extent of one per centum upon its capital stock, with privilege to extend the issue to three per centum. The Act of 17th December relieved all individuals and corporations who had issued and put change bills in circulation, from the penalties of the existing laws, upon the redemption of said bills, but provided that they should not be authorized to issue any other change bills, or to re-issue those then in circulation when redeemed. This law has been constantly evaded, if not openly violated, by individuals and corporations, and large amounts in change bills, in the shape of promises to pay certificates of deposit, acknowledgements of indebtedness to be discharged in specific articles, &c., &c., have been put into circulation. Many of these bills have been printed upon very inferior paper and are soon worn out by circulation. If these illegal issues are not effectually checked, it cannot be doubted that they will result in

heavy losses to our people. I therefore recommend the enactment of a law, making it obligatory upon each chartered Bank of this State to extend its issues of change bills to as much as three per cent upon its capital stock; and making it the duty of the Treasurer and Comptroller General of this State to issue and put in circulation State change bills of five, three, two and one dollar and the usual denominations under that sum, to the amount of three hundred thousand dollars, redeemable in the Treasury notes of the Confederate States, when as much as $20, is presented at the State Treasury. And I further recommend that the issues by the Western & Atlantic R. Road be extended to $300,000, in bills of different denominations from five cents to five dollars, and that it be made highly penal for any other corporation or person to issue, circulate, pay or tender in payment any other change bill, whether it be a direct promise to pay, a certificate of deposit, or in any other form, intended to circulate as currency, except those issued under the authority of the laws of this State.

        This legislation would, it is believed, provide for the issue of as many change bills, as might be necessary to meet the demands of our people, until it may again be possible to procure silver change, and the people might more safely rely upon the ultimate redemption of the bills issued as above recommended than upon those now in circulation. The law should allow a reasonable time for the redemption of illegal issues now in circulation, and to secure the suppression of illegal issues in future, it may be necessary to impose upon the person violating the statute, a heavy pecuniary penalty to be paid to the informer.

BRIDGE GUARDS AND HOME PROTECTION.

        The people of the State have been informed through the medium of the public press of the facts connected with the daring attempt made by a band of spies sent by the authority of the enemy to burn the bridges on the W. & A. R. Road. The conduct of Mr. Fuller, the Conductor, and of some others in the hazardous pursuit, while the spies were in possession of the train, deserves the highest commendation and entitles them to the consideration of the General Assembly. I therefore recommend the appointment of a committee of the two houses to inquire into the facts and report upon them, and that such medals or other public acknowledgement be awarded to the parties whose conduct was most meritorious, as will do justice to their services and stimulate others to like deeds of daring when necessary for the public security.

        Soon after this bold attempt to burn all the bridges of the Road (two of which had been burned and replaced but a short time previous,) I felt it my duty to organize a military

company to guard this valuable property. Some time after the company had been raised, the Committee of the House of Representatives visited the Road and joined ina unanimous recommendation that I add another company to the Guard. In deference to the recommendation of the Committee, which my own judgment approved, I directed the organization of a second company. These companies now consist of about 150 men each, the one commanded by Capt. E. M. Galt, the other by Capt. Albert Howell. They are mustered into service for an indefinite period of time and may be disbanded at the pleasure of the State. There are sixteen valuable bridges, besides smaller ones, upon the Road which is a great thoroughfare, and will be during the war a great military necessity. The destruction of two or three of these bridges over the large streams, might not only cause great derangement of the business of the Road and great inconvenience to the traveling public, but might so delay military movements as to cause the loss of an important victory. The expense to the State of keeping up a sufficient guard, is inconsiderable when compared with the object, and I shall feel it my duty to continue these troops in service, unless otherwise directed by the General Assembly. The only question with me, is, whether the two companies should not be increased to two regiments, and thoroughly armed, equipped and trained and kept constantly in the service of the State till the end of the war. So large a number of our arms-bearing men have gone from the State into Confederate service, that we cannot feel entirely secure against internal troubles from servile insurrection, and even two regiments of well armed and thoroughly disciplined troops at the command of the State government, might, in such event, be the means of preventing scenes of massacre and misery too appalling to contemplate. Should you think proper, by resolution or otherwise to direct such organization, it would meet my cordial approval, and I should lose no time in carrying your decision into practical operation.

        Frequent complaints have been made to me that an association of persons, unfriendly to our government and cause, has been formed in the North-eastern portion of our State, and that the members of the association, probably some fifty to one hundred in number, to avoid military service, have concealed themselves in the mountains and live by plundering the citizens whose homes are near their lurking places. The State owes it to her citizens to afford them all the assistance in her power to protect them against these inroads. Should an organization of the character recommended, be formed, a portion of it might be cavalry, which might be used to scour the mountains for the protection of the inhabitants, or be thrown upon the coast, or into such other

part of the State, as the security of the people might require.

DISTILLATION.

        After our communication had been cut off by the enemy, and we could no longer get supplies of provision from Tennessee and Kentucky, it was soon discovered that we had none to spare, and it was doubted whether there was enough of grain in the State to answer all the demands for bread. The supply of Western whisky had however been cut off, as well as the supply of provisions, and the demand for that article increased till distillation was commenced at a rate that would, in the course of the Spring and early part of the Summer, have consumed all the grain that could have been purchased, and increased the price to an extent that must have put it out of the power of the poorer classes of our people, and especially the families of poor men who were in the army, to get bread. These facts were made known to me from different parts of the State, and earnest appeals were made for such action as would protect our people against this great wrong. After mature reflection, I was satisfied that it was my duty to exercise all the power I possessed to check the evil. The only question was as to my constitutional power to act. There could be no doubt that I had the power to take private property for public use, and as we were hard pressed by a powerful enemy, and needed all the ordnance and ordnance stores we could command, and as the stills were made of copper which could be used in the manufacture of field artillery, I issued my proclamation ordering the militia officers of the State to seize the Still of any person in the State who should continue distilling after the 15th day of March. While there were doubtless cases in which the proclamation was evaded, and while some military officers may have failed faithfully to discharge their duty, the evil was in the main checked, and bread was saved to our people.

        The proclamation only prohibited distillation till the meeting of the General Assembly, and I now submit the question for your consideration. While it is hoped we may have a plentiful supply of corn for the use of the people of the State, and can spare some for the army, we do not know what may be the vicissitudes of war, and it is certainly the duty of the Statesman, at such a crisis, to do all in his power to so husband the blessings of Providence, as to prevent suffering and secure a supply of food for the people. I therefore respectfully recommend the passage of a statute prohibiting the distillation of grain into alcohol or ardent spirits, except under sufficient restrictions, for mechanical and medical uses, till the end of the present war. I think this legislation is demanded alike by an enlightened public opinion, and by the exigencies of the times.

        Since my proclamation I have permitted persons having contracts with the Confederate Government to manufacture necessary supplies of alcohol and whisky for the army, but I have found it very difficult to prevent abuses of this privilege, and I recommend that the terms upon which it shall in future be granted be accurately defined by law, and that Government manufactories be confined to one, or a few localities, so that this State shall not have to bear more than her just part of the burden of furnishing from her grain, the ardent spirits claimed to be necessary for the use of the army of the Confederate States.

        I have reason to believe that government contractors have been through the State sub-letting their contracts, and getting whisky made at a much lower price than that paid them by the Government. This speculation should not be permitted, but the Government should be authorized to locate its distilleries at such points as it may select, and there by its agents to make Georgia's part of what it needs for medicinal uses and no more.

SALARIES OF PUBLIC OFFICERS.

        I recommend that the Salary of every public officer in Georgia, which is fixed by law, where there is no constitutional prohibition, including the fees of officers of the Courts, be increased fifty per cent, and that the Judges be all placed upon an equality as they stood prior to your last session, before the fifty per cent is added, so as to give all the Judges of each Court the same compensation. Produce, clothing, groceries, medicines, and all the necessaries of life used by a family, have risen in the market to an average of at least five times as much as they cost when the fees and salaries of public officers were fixed by law. The depreciation of the currency and the scarcity of the supply of most of these necessaries, have united to produce this result. The public officer now receives the same number of dollars in currency which he formerly received in gold, and can purchase with it only one fifth as much of the necessaries of life. I do not propose to add five hundred per cent to the present salaries, which would place the public officer in as good a condition as he was before the war, but I propose to add only fifty per cent, and let him lose the four hundred and fifty, as his part of the burden imposed by the war. I think the most parsimonious citizen of the State cannot deny the justice of this proposition, nor contend that the public officer shall take all the burden without any of the compensation resulting from the present high prices. This increase should include the pay of the members and officers of the General Assembly as well as other public servants, if the Constitution will permit, and I think it does. In making this recommendation, I cannot be justly chargeable with interested

motives, as my own salary, though not worth as much as one thousand dollars was when I first went into office, cannot, under a provision of the Constitution, be either increased or diminished during my term in office. This, however, furnishes no sufficient reason why others should suffer injustice. The farmer gets for most of the articles which he produces, from three to five times as much as formerly; the manufacturer and merchant do the same on their productions and stock in trade. The pay of the public officer is his living; or if you will allow the expression, his crop. Why, then, should he alone be confined to the old prices for his income and be compelled to pay the increased prices for all he has to purchase? It is not just, and a just people will not require it.

THE FAMILIES OF OUR SOLDIERS IN SERVICE.

        The remarks made in reference to the high prices of the necessaries of life, apply to the families of our noble troops, who, by their gallant deeds, have illustrated the character of our State on the battle field, and rendered their names immortal on a brilliant historic page. These heroic citizen soldiers have till recently received but $11 per month from the Government as wages. The act of Congress, passed at its last session, as reported by the newspapers, raises the wages of the private and the non-commissioned officer four dollars per month. Many of these privates are poor men, who have left behind them large families dependent upon their own exertions for a livelihood. They may be obliged to expend part of their wages in camp for indispensable articles, but if they are not, and send it all back, it affords their loved ones at home a most meagre subsistence at the present prices of provisions and clothing. Some of the wealthier counties, under an act of the last session, are providing amply for the wants of the soldiers' families, while others are not able, without an oppressive tax, to render the large number within their limits much assistance. In this state of things, I think it proper that the wealth of the whole State, when necessary, be compelled to contribute to the wants of soldiers' families in all parts of the State, who need assistance. I therefore recommend that the State provide, by general appropriation, a bounty of one hundred dollars for the family of each soldier from this State in service for the war, or who may hereafter enter the service for a like period, whose property when last given in by him on the tax book, was worth less than one thousand dollars, and the like sum for each widow of a deceased soldier and for each widow who has a son or sons in service, or who has lost a son in service. And I further recommend, that the whole net proceeds of the Western & Atlantic Railroad for the ensuing year be appropriated to pay the

bounty, and that freights be increased for that purpose twenty-five per cent. upon present prices, and that each person in this state who has been engaged in any kind of speculation, in any of the necessaries of life, be taxed thirty-three and one-third per cent. upon the net incomes of his speculation, to raise the balance of the fund. The oath of the tax-payer should be so amended as to compel each to state on oath the income of his speculation, and a heavy penalty should be provided against any one who swears falsely, I also recommend, that the Governor of the State be authorized to raise the money to meet the payment of this bounty by negotiating a temporary loan at five per cent. to be paid to the creditors, so soon as the money is paid into the Treasury by the State Road and the Tax Collectors. The act should provide for the appointment of one or more proper persons in each county to receive the money for the families and see that it is properly applied in the purchase of such supplies as are actually necessary for the comfort of each family, and should provide a heavy penalty against any one who shall misapply the funds due a soldier's family, or speculate directly or indirectly upon the bounty money. While they are absent, enduring all the hardships and privations of camp life, their families should be supplied, if need be, at the public expense, with such of the necessaries of life as their labor will not afford them, cost the State what it may. The money could be raised in the manner above recommended without serious burden to the people of the State, as a large part of the freight on the State Road is paid by speculators of this and other States, who, if their commodities were shipped for nothing, would still charge the highest prices for all they sell. The tax of thirty-three and a third per cent upon the incomes of those who have been speculating upon the necessaries of life would be just and proper, and would compel them to appropriate part of their gains to the benefit of our cause. Many of them are making large fortunes by taking advantage of the necessities of the poor and needy, and will do nothing for the public good unless they are compelled by laws too stringent to be evaded.

        We need not attempt to close our eyes to the stern reality. The success of our cause depends upon the gallantry and endurance of our troops. They cannot fight unless they and their families can be supplied with at least the necessaries of life. The wealth of the country must come to their relief, and contribute whatever the exigencies may require. The question for each property holder to consider is, whether he will give up part for the protection of the balance, or withhold the necessary contribution and lose the whole.

EXEMPTION OF SOLDIERS FROM TAXATION.

        In consideration of the hardships and privations endured by our soldiers in service, and the necessities of the families of many of them, I recommend the enactment of a law exempting all soldiers while in service from the payment of poll tax. I also recommend the exemption of one thousand dollars of the property of each soldier from all taxation during his continuance in service. Large numbers of our troops have not more than one thousand dollars worth of property each. This is all needed for the comfort of their families in their absence, and should be exempt from the burdens of taxation. Those who have more than one thousand dollars should only be required to pay on the balance beyond that sum.

        I think it just that the wealth of the State and those who remain in the enjoyment of home comforts, many of whom are accumulating fortunes by speculation, should bear the burden of the taxation necessary to support the Government, and the families of those who meet the enemy on the field of battle.

CLOTHING FOR THE GEORGIA TROOPS.

        Information of the most authentic character has been received from the army, which verifies the report that many of the Georgia troops in Confederate service are almost destitute of clothes and shoes, and must suffer terribly this winter, if speedy relief is not afforded. This suffering should never be permitted by the people of the State as long as we are able to raise a dollar for their relief. I have recommended the Georgia Relief and Hospital Association to draw and expend for clothes and shoes for the most destitute, the remaining portion of the appropriation which they have not had occasion to use for hospital purposes, not doubting that such an application of the money would meet your cordial approval. They have done much, but there is still much more to be done.

        To meet the emergency, I recommend the passage of a joint resolution of the two Houses, at the earliest day possible, authorizing the Governor of this State, if satisfactory arrangements cannot be made with the proprietors, to seize all the factories and tanneries in this State and to appropriate their whole products to this use, till a good pair of shoes and a good suit of clothes are furnished to every Georgia soldier in service who needs the assistance. I do not know that the Confederate Government would pay for the supply thus furnished. If not, the State is able to give these necessary articles to her brave sons who are suffering for them, and her people should not hesitate a moment to do it. It would not be necessary to keep the possession of the factories and tanneries long, as the winter's supply could soon be made. The resolution should fix the price per yard to

be paid for cloth, the price per pound to be paid for leather, and the price to be paid for shoes if found ready made. As no authority was given me at your last session to expend money to furnish necessaries to the troops in Confederate service, I have not felt authorized to make the seizures now recommended, till you have given your sanction to the proposed action. The cold part of the winter is fast approaching, the climate of Virginia and Kentucky is severe, and I think humanity, as well as justice to our fellow citizens under arms, requires prompt action.

COTTON AND PROVISIONS.

        While cotton has long been the great staple production of the State of Georgia and several other States of the Confederacy, we have been accustomed to draw a large portion of our supplies of provisions from the Western States. In the present condition of the country this is no longer possible. Our ports are blockaded and we cannot import from abroad, We are therefore left to depend upon ourselves for the production of a supply sufficient for our people at home and our army. We have the ability to make this supply, if all our labor, except enough to make cotton for home consumption, is employed in the production of grain and other articles used to sustain life. But so large a proportion of our laboring men will be under arms during the ensuing year, that we cannot probably do more than this. Without a supply of provisions it is impossible to sustain our army in the field and prevent the enemy from triumphing over us. This question, then, becomes one of the most vital importance, one upon which not the "national life," but the lives of our people and the cause of the Confederacy depend. The price which cotton now brings in the market, presents the strongest temptation to the planter to produce a large crop. And it is feared that without the restraining influence of prohibitory legislation, much of our land and labor will be employed in its production next year. The conduct of the planters of this State during the present year has generally been alike commendable and patriotic. But few have produced large crops of cotton. The fact must not be overlooked, however, that the price was low last spring and the temptation very small in comparison with that now presented.

        While our ports are blockaded, we cannot make useful, more than is required to clothe our own people. Then why produce it, and lay it up in store to tempt the enemy to penetrate the interior of our country to obtain it? Or why keep it for the benefit of commercial nations after we have achieved our independence? They have left us at a most critical period to take care of ourselves. Why, then, should we not leave them to feed their own starving operatives till such time as it is compatible with our public interest

to produce the supply of cotton, without which they must number their paupers by millions, and support them by taxation? The States can regulate this production by the exercise of their taxing power. There has, I believe, never been a tax act in Georgia, from the earliest period of the State government to this day, which did not discriminate between different kinds of property and tax some one higher than another. When the power of discrimination is admitted, the extent of its exercise is dependent upon the discretion of the Legislature. The power to discriminate has not only been admitted in this State, but the practice has been uniform in its exercise. I therefore recommend the enactment of a law imposing a tax of one hundred dollars upon each quantity of seed cotton, sufficient to make a bale of four hundred pounds of picked cotton produced next year upon all excess over what is actually necessary for a home supply. Beyond such supply, production should only be permitted upon the payment of a tax which renders it unprofitable to the avaricious.

        I make no recommendation for the imposition of a tax upon the crop of the past year, for the reason that the Legislature had not in advance notified the people of the State of the necessity which must induce a change of policy in the taxation of this staple production. As the law upon the Statute Book exempted the growing crop from taxation when planted, and as many of our planters were absent from the State in military service and had but little opportunity to look to their crops or other home interests, it would seem to be improper, by retroactive legislation, to load it with a heavy tax when gathered. Our policy should be made known in advance, that each citizen, when he plants his crop, may know what the State will require on the production when made.

WESTERN & ATLANTIC RAILROAD.

        For the operations of the Western & Atlantic Railroad during the past fiscal year, you are referred to the Report of its faithful Superintendent. It will be observed that the Road is now out of debt, so far as the existence of any just claim against it is ascertained. It has paid into the Treasury of the State four hundred and forty thousand dollars out of net earnings for the past year, and there was due the Road on the 30th September last, $577,864 78 from the Confederate Government for transportation of troops and military stores. Payment has been demanded, but not made, the Secretary of the Treasury insisting that we should receive Confederate bonds. This I have declined to do, on the ground, that there is no law of the State authorizing the Superintendent to receive bonds and pay them into the Treasury; and on the further ground, that it is not

the policy of the State, while she is in debt, to invest in the bonds of any other State or government. I have therefore demanded Confederate Treasury notes which pass as currency, and can be used by the State in payment of her own indebtedness and her current expenses. I trust the claim may be paid without much further delay.

        The Road bed is in excellent condition, and I have at my command the means to keep it so. I was so fortunate last winter as to be able to purchase eleven hundred tons of new railroad bar at fifty dollars per ton. This iron is now worth in the market at least one hundred and fifty thousand dollars more than I paid for it. I was not the legal purchasing agent of the Road, and if iron had fallen as much as it has risen, it is quite probable there might have been loud complaints, had I insisted that the Road take the iron. I have, however, given the Road the benefit of the contract, which is worth to the State the sum above mentioned. I could sell the iron at any time, and, after refunding the sum paid for it, could pay into the Treasury of the State one hundred and fifty thousand dollars as balance of proceeds of the sale.

        Since I was first inaugurated as Governor of the State, the Road has paid into the State Treasury $1,948,000, and has paid $302,081 07 in satisfaction of debts and unliquidated demands for which it was then liable. It is now in as good condition in every respect as it then was, with the exception of the rolling stock, which has not been kept up as well as usual for the last two years, on account of the impossibility of procuring, at any price, part of the material used in construction and repairs. The amount due the Road from the Confederacy is, however, more than double the sum that would be required to make the repairs complete.

        Upon the application of the military authorities of the Confederate States, they have frequently been permitted to take our cars and engines and carry them on other Roads, to such points as emergencies might require. The lamented General Albert Sidney Johnston had ordered a large number of our cars upon the Memphis & Charleston Road, a short time before the battle of Shiloh, which, on account of the possession of that Road by the enemy, have not been returned. At this and other points we have lost 180 cars while in Confederate service. Should they never be returned, it is expected that the Confederacy will pay for them just compensation.

DEFENCE OF SAVANNAH.

        I have been informed by the Military Commander at Savannah that it is intended to make a defence of the city "to extremity," and he requests assistance from the State, in the removal of the women and children and other non-combatants from the city. In view of the fate of New Orleans

and other cities which have been surrendered to the enemy, I cordially endorse and approve this resolution of the Confederate General. Let us hold the city as long as a house or a brick wall is left standing, behind which our troops can fight; and let the State assume the loss occasioned by the destruction of property, or at least divide it with the sufferers.

        It will be necessary that food and shelter be provided for such of the non-combatants as are unable to take care of themselves, as soon as possible, that they may be removed in advance of the attack. I therefore recommend an early appropriation of two hundred and fifty thousand dollars for this purpose.

STATE UNIVERSITY.

        In compliance with the statute, I herewith transmit the report of the Trustees of the University for the past year.

PENITENTIARY AND ASYLUMS.

        For a statement of the condition of the Penitentiary and Asylums of the State, you are referred to the respective reports of the principals in charge. It will be seen by reference to the report of Col. James A. Green, the Principal Keeper of the Penitentiary, that he has paid into the State Treasury, ten thousand dollars of net profits for the past fiscal year. Col. Green's able and faithful management of the Institution is entitled to high commendation.

OBSTRUCTIONS OF OUR RIVERS.

        It is said the enemy are preparing gun-boats of light draught to ascend our rivers, and plunder our inland towns and cities, while the waters are high in the winter season. This can probably be prevented in no other way so effectually as by the obstruction of our streams. Most of them can be entirely obstructed by felling the timber which stands upon the banks into the channel of the stream. It may, however, be very difficult at the end of the war to remove these obstructions and restore the navigation of the river.

        As a Confederate General, who is an Engineer of the first order of ability and acquirements, is in command of the Military Department which embraces this State, I have thought it best to leave the matter entirely in his hands till your meeting.

        The question as to the best means of defence, in the absence of any action by the Confederate authorities, is an important one well deserving your serious consideration. I doubt not that the legislative department of the State Government participates in the regret felt by the Executive, that the Confederate authorities have done no more for the defence of the State, when so large a proportion of her militia

have left her limits and gone into Confederate service, as to leave her almost powerless for her own protection.

MILITARY ORGANIZATION OF THE STATE.

        The efforts which our relentless foe has proclaimed to the world, that it is his purpose soon to make, in violation of all rules of civilized warfare, to incite servile insurrection among us, not unnaturally create serious concern in the mind of every Georgian. So large a number of our armsbearing men have already gone into the military service of the Confederacy, and so many more may soon be required, that we have comparatively a small number left in each county, and in some localities where the slave population is very large, scarcely enough to direct their labor remain with them. Those who remain have generally given up all their best arms to those who have gone, and they are now nearly destitute of arms or ammunition. Our women and children are, therefore, left at home almost entirely without protection. In this condition of our people, a general insurrection, even at the most exposed points, might be productive of scenes of misery and horror which no language can describe. To provide every means possible for the prevention of this terrible calamity, is the highest obligation of every Georgian and the imperative duty of every representative of the people. Instead, therefore, of permitting our military organization to be disbanded at this critical moment, I recommend the enactment of such laws as will protect every military and other State officer in his position, and compel him to discharge his duties, or submit to heavy penalties. I also recommend an extension of our State militia laws so as to embrace all persons between sixteen and sixty years of age, who are able to perform service in their respective militia districts and counties; and that the best provision possible be made to arm at least a portion of the militia of each county most exposed to danger. As it is not possible to procure a sufficient supply of fire-arms for this purpose, I recommend that provision be made to arm as many as possible with good pikes and knives. As the insurgents would not be able to procure many guns, pikes and knives in the hands of the militia might, in the absence of better arms, be made very serviceable in defence of our homes till the armed regiments, which I have recommended to be kept in the service of the State, could be thrown to the point attacked, or menaced with attack. If it were generally known among our slaves that these precautions had been used, and, in addition to the militia, that a regular armed force is kept constantly ready to be thrown rapidly upon them, should they become insubordinate, I cannot doubt that a salutary effect would be produced. It might also be wise to provide for a mounted police in each

of the counties most exposed, to be kept as a volunteer company, ready for service at a moment's call, to drill once a week, and each member to receive a reasonable compensation for his services on the day of drill.

GEORGIA MILITARY INSTITUTE.

        It affords me much pleasure to state that this valuable State Institution has been in a prosperous condition during the past year. Many more cadets were offered than the buildings would accommodate. I respectfully recommend an appropriation, of fifty thousand dollars to be used for the erection of the necessary buildings, the improvement of the grounds, and for such other purposes, as the board may find indispensable to the permanent establishment of the Instition upon a solid basis.

ADJUTANT AND INSPECTOR GENERAL.

        The report of the Adjutant and Inspector General, of this State with the accompanying documents, which give a full and sufficiently detailed account of the official transactions, and expenditures connected with that Department, together with valuable suggestions upon the military organization of the State, is herewith transmitted.

        General Wayne was the first man who responded to the call of his State, when the dissolution of the Union was seen to be inevitable, and resigned an honorable and comfortable position in the army of the United States to cast his lot with his native land, and share her fortunes whether for weal or for woe. From that day to the present time no one has labored more incessantly or zealously, to secure the safety, and promote the prosperity and glory of his mother State. His labors connected with our military organizations, both for State and Confederate service, have been invaluable; and while he has always shown the self-sacrificing disposition which is seen in his report, no intelligent Georgian, acquainted with the duties of his office, and its importance, would willingly consent to dispense with his services, during the existence of the war.

APPROPRIATION FOR MILITARY PURPOSES.

        To meet any expenditures which it may become indispensible to make for the defence of the State, and the protection of our homes during the ensuing year, I recommend the appropriation of three millions of dollars as a military fund. I trust the action of those responsible during the past year, will be received as a sufficient guaranty, that no more of the fund will be used than the exigencies of the service may require.

SMALL POX.

        This dangerous disease has made its appearance in several places in our State. Soldiers who have been exposed to it

without their knowledge, are occasionally returning home on furlough, and there is danger that it may spread and become a great scourge.

        As our people are too careless about adopting the necessary preventive, I recommend such legislation as will secure the early vaccination of all persons in the State subject to the disease.

SALT.

        Messrs. Stotesberry and Humphries, of Scriven county, complied with the terms prescribed by the act passed at your last session, on the subject of the manufacture of salt, and after giving a mortgage on sufficient property, drew $10,000 of the appropriation. I am not aware of any active efforts made by them to any considerable extent to make salt. Under the circumstances, they should either proceed with the business or refund the money which under the law, they hold without the payment of interest.

        Finding that the money placed at my command by the act would be wholly inadequate, and that but little could be expected under the provisions of this statute, I felt it my duty to take the responsibility to make such arrangements as in my judgment would do most to secure a supply of this indispensable article to our people. The Virginia Salt Works in Smythe and Washington counties, were believed to be the resource most to be relied upon. The Legislature of that State held an extra session early in the summer, and determined not to purchase nor lease those works, but to leave them in the hands of the proprietors. Immediately after the adjournment of the session, I sent Hon. John W. Lewis (who tendered his services without compensation, at his own expense,) to the works, as the agent of this State. While there, he succeeded in closing a contract with the proprietors for the use of water and privilege to make 500 bushels of salt per day. This was the greatest quantity he could at that time procure privilege to make. He also employed Maj. M. S. Temple, of East Tennessee, to manufacture the salt for the State. The whole cost to the State of each bushel of fifty pounds is one dollar and fifty cents, when weighed from the kettles. We have to receive the salt as it is made, before it is thoroughly dry, and it loses about one-fifth in drippage and wastage by the time it reaches Atlanta. The sacks, the express freight upon them, and the Railroad freights on the roads in East Tennessee and Virginia are all uncommonly high.

        Feeling that it was the duty of the State to afford relief as far as possible, first to the families of our gallant soldiers, I directed the Commissary General of the State, who is charged with the responsibility of the distribution of the salt, to make a donation of one-half bushel to the widow of each soldier of this State who has died in military service,

and to each widow who has lost a son in service; and to sell to the Inferior Court of each county a half bushel for one dollar, for each family of a soldier now in service, or of a widow who has a son in service. The Justices of the Inferior Courts of the several counties have been requested to make a return to the Commissary General of the names of all the soldiers' wives and widows in their respective counties, and I directed that officer to distribute the salt among the counties in the order in which the Courts made their reports. Consequently, the counties whose Courts were most active and reported first, have long since received their salt, while some, I believe, have not yet reported.

        So soon as this distribution is completed, it is proposed to put the State salt upon the market, at such rates as will enable us to pay all cost upon it. It will probably be necessary to sell the balance at about five dollars per bushel, to make it pay all costs and charges. By the adoption of this plan, all who purchase are taxed something for the assistance of the soldiers' families and widows who have had each one half bushel on the terms above mentioned.

        In the next distribution, each citizen will only be permitted to receive one bushel, till all have received some relief. The soldiers' families needing over one-half bushel will be allowed the preference in this distribution upon the payment of the prices paid by others. Many a poor family will need little more than the half bushel which they receive under the first distribution. Those having more means can afford to pay the prices paid by other citizens, for what they need over the half bushel.

        It affords me much pleasure, in this connection, to state, that a company of patriotic citizens having its office in Troup county, and another in Augusta, have obtained privilege to make salt at the Virginia Works, and are now turning out daily a large quantity. The State is making 500 bushels per day and these companies will soon average each that quantity daily. They propose first to supply themselves, and then to sell to the citizens of the State without speculation. The State and each of these companies has had much difficulty in procuring the necessary labor and material to put their works into successful operation. This difficulty has been overcome, however, after some delay, which we would gladly have avoided. I feel that I should fail to do my duty were I not to state in this connection, that the people of this State owe much of gratitude to Hon. B. H. Bigham, who is a member of your body, for his great energy and activity as the President of the Troup company. He has spent his time at the works and superintended in person, and has rendered very valuable service to the company and to the State.

        The Railroad Companies of the State have promptly responded

to a request made by me, that they carry the State's salt to the depots of deposit, and thence to the depot of distribution for each citizen free of charge. This act entitles them to the thanks of the whole people. I have ordered that the State salt, the salt made by the two companies from this State, and all salt purchased at the works by persons or county associations for their own use, when no speculation is intended, be carried free of charge over the State Road.

        As no appropriation had been made which could be used, in carrying out my contract for the Virginia Salt, I ordered the Treasurer of the W. & A. Railroad to advance to the Commissary General sufficient funds to meet the necessity. It will be necessary that the money be refunded to him to enable him to keep his accounts correctly. For this purpose, I recommend the appropriation of one hundred thousand dollars to be used in the purchase of salt and refunded to the Treasury of the State when the salt is sold.

        Within the last few days Messrs. Graves and Goldsmith have proposed to devote their whole energies to the importation of salt into the State from the mine at New Iberia in Louisiana. They do not propose to sell the salt on speculation, but wish only compensation for their efforts and expenses. I have agreed to pay them $7.50 per bushel of fifty pounds for all they will deliver in Atlanta by 1st of March next. If the enemy do not interrupt the transportation, it is hoped their patriotic efforts will be attended by successful results.

        Upon this subject it only remains for me to express my deep regret at the course lately taken by the Legislature of the State of Virginia. As above stated, no contract was made with the proprietors of the salt works in that State, till after the adjournment of the Legislature, which in extra session had taken the question of a supply of salt into its consideration, and had adjourned, without having taken any action, so far as I am informed, indicating a purpose to seize the works. Feeling that I then had a perfect right to contract with the proprietors, I entered into the engagements, which I have mentioned, with them, and have had large expenditures made in accordance with the contract. The two companies from this State, with my approval, acted in like manner, and have expended large sums in preparing to make salt, not for speculation, but for home supply. Other States also followed the example of Georgia. I am not aware, however, that the State of Virginia made, or, till a late period, attempted to make a contract with the proprietors of the works for the privilege to make salt on State account. About the time the works of this State, and of other States were going into successful operation, the Legislature of that honored commonwealth

again met in extra session, and finding that the people of Virginia were in need of salt, authorized the Governor, in case of necessity, if other resources failed, to seize the works of the other sister States within her borders. This seizure, if made, takes from the families of Georgia soldiers now in Virginia, defending the homes of the people of that State more immediately than their own, all hope of getting salt in time to prevent great suffering. This is not an appeal to Virginia to furnish to our soldiers' families that which she has made, but it is an appeal to her to act in good faith, and not take from them that which the State of Georgia has made with her own capital and labor. If Virginia should make the seizure under the circumstances, her conduct will, in my opinion, be inconsistent with the character of the "Mother of States."

        So soon as I saw the act of the Legislature of that State in the newspapers, I addressed a letter to His Excellency Governor Letcher, upon the subject, a copy of which I herewith transmit. I regret to say to you that I have received no reply from him, and am therefore unable to announce to you what will be his policy. The salt made by the Troup Company was seized under his proclamation and subsequently released, but we have no guaranty against future seizures. While I will not believe, till compelled, that Virginia will attempt to rob Georgia of rights so important, at so critical a period, I shall be ready to carry out any instructions of the General Assembly for the defense of the rights of the State of Georgia to the last extremity. We cannot submit to be deprived of the salt we are making under fair contracts made with the proprietors of the works, with the assent of the State of Virginia strongly implied, and with full knowledge on her part for months prior to the late act of her Legislature, that Georgia was making heavy expenditures at the works to which she did not object.

CONCLUSION.

        Profoundly impressed with the importance of the struggle in which we are all engaged, the common dangers and privations to which we are exposed, and with the necessity for unanimity and harmony in our legislative action; I am prepared to sacrifice every personal consideration, to the promotion of concord and unity, between the different departments of the Government of the great State, whose people have honored us with their confidence at a time of no ordinary peril; and to join with the General Assembly in returning thanks to Almighty God for his past mercies, and offering fervant invocations for his future protection.

JOSEPH E. BROWN.

        On motion of Mr. Seward, the reading of the Special Message of the Governor was postponed for the present.

        Mr. Seward reported the following resolution, which, on motion, was taken up and adopted, to-wit:

        Resolved, That the President of the Senate proceed to reorganize the committees of the Senate appointed at the last session of the General Assembly, or, at his discretion, to retain as far as possible the committees of the last session as the committees of the present session--filling up such vacancies as may have occurred.

        On motion, leave of absence was granted to Mr. Beasley on account of sickness in his family.

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

3 O'CLOCK P. M.

        The Senate met according to adjournment.

        The Special Message of the Governor was taken up and read, as follows:

SPECIAL MESSAGE.

Executive Department,
Milledgeville, November 6th, 1862.

To the Senate and
House of Representatives:

        The great struggle for liberty and independence in which we have been engaged during the past year, against a powerful and relentless enemy, has called not only for the exercise of the united energies of our whole people, but for the most costly sacrifices of blood and treasure. When we look at the material of which the armies of the contending parties are composed, we can but exclaim, how unequal the contest! In the armies of the South are found her noblest and best sons, whose valor upon the battle field has been unsurpassed, and whose blood in abundant profusion has been poured out, a rich sacrifice upon the altar of liberty. The Northern armies, on the contrary, have been composed, in a great degree, of imported foreigners and paupers, and of the worst classes of Northern society, who have served as mercenaries, and whose destruction, in many instances, has been rather a relief than a misfortune to society. But the contrast does not stop here. The motives which prompt the people of the two sections to protract the war, are as different as the material of which the two armies are composed, is unlike. The people of the North are fighting for power and plunder, the people of the South for

the liberty and independence of themselves and their posterity. Our enemies have it in their power to stop the war whenever they are content to do justice and let us alone. We can never stop fighting while they continue to attempt our subjugation, but must prosecute the war with vigor, if necessary, to the expenditure of the last dollar and the destruction of the last man, If we are subjugated, let it be only when we are exterminated. We were born free; and though it be upon the battle field, we should die free.

        This I believe to be the unanimous sentiment of the people of Georgia who have, on this question, laid aside all party divisions and differences; and have, from the commencement of the struggle, promptly discharged their whole duty to the cause, and to their brethren of the other Confederate States. Not a requisition has been made upon Georgia by the President of the Confederacy for assistance which has not been met without delay; and in every case of requisition on the State for troops, more men have been tendered than were required.

        In the face of this proud record, no plea of necessity could be set up, so far as Georgia was concerned, (and I believe the remark will apply generally to all the States,) for the passage of any act by Congress to raise troops, which either infringed her constitutional rights or disregarded her sovereignty. The Act of Congress of 16th April last, usually known as the Conscription Act, in my opinion, does both; and is not only a palpable violation of the Constitution of the Confederacy, but a dangerous assault upon both the rights and the sovereignty of the States. Who supposed, when we entered into this revolution for the defense of State Rights against Federal aggression, that, in a little over one year, the persons of the free-born citizens of the respective States would be regarded and claimed, while at home in pursuit of their ordinary avocations, as the vassals of the central power, to be like chattels, ordered and disposed of at pleasure, without the consent, and even over the protest of the States to which they belong; and that he who raised his voice against such usurpation would be denounced by the minions of power as untrue to the cause so dear to every patriotic Southern heart? And who that has noticed the workings of the conscription policy, will say that this picture is overdrawn? Not only the rights and the sovereignty of the States have been disregarded, but the individual rights of the citizen have been trampled under foot, and we have by this policy been reduced, for a time at least, to a state bordering upon military despotism.

        This extraordinary act has been defended, however, by two classes of individuals, upon two distinct grounds. The first class admit its unconstitutionality, but justify its passage upon the plea of necessity, and say that without it the

twelve months volunteers could not have been kept in the field in a time of great emergency; and further, that the Constitution is a mere rope of sand in the midst of revolution. The second class justifies it on the ground that Congress had the right under the Constitution to pass it. Is either correct?

        To the first, it may be replied that the plea of necessity cannot be set up, till it can be shown that the States when called on had neglected or refused to fill the requisitions made upon them for troops by the President. Again, in reference to the twelve months troops, it should be remembered that the Government only called on them to volunteer for that period before they left their homes, and that the contract clearly implied between them and the Government, was that they should faithfully serve it, and do all their duty as soldiers for that period, and that they should have all the rights of soldiers, with the legal pay and allowances, and should in good faith be discharged and permitted to return home at the end of that time. The Government cannot, therefore, be justifiable in violating its contract, and acting in bad faith towards, them, no matter how great the emergency may have been, unless it can be shewn that the Government, by the exercise of due foresight and energy, could not have supplied their places in time to meet the emergency. The fact that they were twelve months men was well known to the Government from the time they entered the service. Why then were not requisitions made upon the States for enough of troops to fill their places a sufficient time before the expiration of their term, to have men in sufficient numbers ready for service? But admit that the Government had neglected this plain duty till it was now too late to get the men from the States in time to meet the crisis, and that it had on that account become necessary for it to violate its contract with the twelve months men, to save the cause from ruin; was it then necessary to pass a general Conscription Act to accomplish this purpose? Could it not have been done by simply passing an act compelling all twelve months men, of every age, to remain in service for ninety days, as all under 18 and over 35, though not conscripts, were compelled to do? This would have given the Government three months more of time to provide against the consequences of its former neglect, and raise the necessary force, and would have left the troops, in the meantime, under the command of the officers appointed by the States, as provided by the Constitution. The emergency would thus have been met, more of justice been done even to the twelve months volunteers, and no dangerous precedent at war with the constitutional rights of the citizen and the sovereignty of the States would have been established. It must also be

recollected while upon this part of the subject, that the act, by its plain letter, deprived the troops who had volunteered for the war, in response to calls made by the States to fill requisitions made upon them, of the right to elect their officers, when so authorized by the laws of their respective States, and have them commissioned by their State authorities; and that it established a system of promotion of officers in violation of this right of the troops, and authorized the President to issue the commissions. What pressing necessity existed to justify this act of palpable injustice to the State volunteers, who had entered the Confederate service at the calls of their respective States for the war, with the constitutional guaranty that their officers should be appointed by the States, and with the further guaranty from the States, as in this State, that they should have the right to elect those who were to command them? But it is said by the first class of advocates of conscription, that the Constitution must yield to the exigencies of the times, and that those in authority may violate it when necessary during the revolution; if so it of course follows that those in authority must be the judges of the necessity for its violation, which makes their will the supreme law of the land. If this were the intention of the people, why did they form a Constitution at the beginning of the revolution, and why did they require all our Senators and Representatives in Congress, all the members of the Legislatures of the several States, and all executive and judicial officers of the Confederate States, and of the several States, to take an oath to support this Constitution?

        When the Governor of this State and each member of the General Assembly took a solemn oath to support the Constitution of the Confederate States, no exception was made which relieved them from the obligations of the oath during the revolution. This fact should be remembered by those who admit the violation of the Constitution, but severely censure the public officer who, true to his obligation, throws himself in the breach for the support of the Constitution against the usurpation.

        I here dismiss the first class of advocates, and turn to the justification set up by the second, which from its nature, however unfounded, is entitled to more respectful consideration. Does the Constitution authorize Congress to pass an act such as the one now under consideration?

        The advocates of this power in Congress rest the case upon the 12th paragraph of the 8th section of the first article of the Constitution of the Confederate States, which is an exact copy of a similar paragraph of the same article and section in the Constitution of the United States. This paragraph gives Congress the power "to raise and support armies." The advocates of conscription take this single

clause of the Constitution alone, and contend that it does not define any particular mode of raising armies, and that Congress has the power, therefore, to raise them either by voluntary enlistment, or by conscription or coercion, as it may judge best.

        The Convention which framed the Constitution of the United States, of which ours is a copy so far as relates to this point, must be supposed to have used terms in the sense in which they were usually understood at the time, in the government which had lately been their own, and from which as descendants they had derived not only the terms used, but their whole system of language and laws, civil and military. In placing a just construction upon the phrase to "raise armies," as used by the Convention, we are, therefore, naturally led to inquire how armies had been, and were at that time, raised by the British Government, from which the members of the Convention "had derived most of their ideas upon this subject" By reference to the legislation and history of the British Government, it will be found that armies were not then raised in that Government by conscription, but only by voluntary enlistment. This was not only the case at the time of the adoption of the Federal Constitution, but had become the settled and established practice of that Government, after deliberate consideration of the question; which fact cannot be presumed to have been unknown to the Convention when they used the phrase now under consideration.

        The terms used by the Convention having acquired a definite meaning well understood and recognized by all, we cannot justly presume that the members of the Convention intended that these terms when used by them, should be understood in a different sense. Had this been their design, they would certainly have used such qualifying language as would have left no doubt of their intention to reject the ordinary acceptation of the terms, and use them in a different sense.

        By reference to the constitutional history of Great Britain, it will be seen that a bill was attempted in 1704 "to recruit the army by a forced CONSCRIPTION of men from each parish, but was laid aside as UNCONSTITUTIONAL." It was tried again in 1707 with like success; but it was resolved instead to bring in a bill for raising a sufficient number of troops out of such persons as have no lawful calling or employment. A distinguished author says: "The parish officers were thus enabled to press men for the land service, a method hardly more constitutional than the former, and liable to enormous abuses." The act was temporary, and was temporarily revived in 1757, but never upon any later occasion. The Convention of 1787 sat thirty years after the British Government had abandoned the policy of conscription,

even of persons having no lawful employment, as unconstitutional. The Convention was composed mostly of intelligent lawyers, who were well acquainted with this fact, which leaves no room to doubt that when they gave Congress the power to "raise armies," they intended that the phrase to "raise armies" should be understood in the sense then attached to it, and that the armies should be raised by volunteer enlistment; which was the only constitutional mode then known in Great Britain or this country. It had not only been solemnly determined by the proper authorities in the kingly government of Great Britain long before the commencement of the American revolution, that it was unconstitutional to raise armies by conscription, but even the monarchical government of France, had not yet ventured so far to disregard the rights of the subject of that Government, as to adopt this practice, which places each man subject to it, like a chattel, at the will of him who, under whatever name, exercises monarchical power. The practice of the Government of the United States was also uniformly against conscription from its creation to its dissolution.

        In view of these facts of history, can it now be just to charge the great and good men who framed our republican government with the grave mistake of having conferred upon the General Government of a Confederation of States powers over the persons of the citizens of the respective States, which were at the time, regarded too dangerous to be exercised by the most absolute European monarchs over their subjects?

        When we construe all that is contained in the Constitution upon this subject together, the meaning is clear beyond doubt. The powers delegated by the States to Congress, are all it has. These are chiefly enumerated in the 8th section of the 1st article of the Constitution.

        Paragraph 11, gives Congress power,

        "To declare war; grant letters of marque and reprisal, and make rules concerning captures on land and water;"

        Paragraph 12,

        "To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;"

        Paragraph 13,

        "To provide and maintain a Navy;"

        Paragraph 14,

        "To make rules for the government and regulation of the land and naval forces."

        If it were the intention of the Convention to give Congress the power to "raise armies" by conscription, these four consecutive paragraphs gave plenary powers over the whole question of war and peace, armies and navies; and

it could not have been necessary to add any other paragraph to enlarge a power which was already absolute and complete.

        If Congress possessed the power under the 12th paragraph above quoted, to compel every officer and every citizen of every State to enter its armies at its pleasure, its power was as unlimited over the persons of the officers and citizens of the States, as the power of the most absolute monarch in Europe ever was over his subjects; and it was extreme folly on the part of the Convention to attempt to increase this absolute power by giving to Congress a qualified power over the militia of the States, when its power over every man composing the militia, was unqualified and unlimited. That the Convention was not guilty of the strange absurdity of having given Congress the absolute, unlimited power now claimed for it, will be seen by reference to the two next paragraphs, which give only limited powers over the militia of the States.

        Paragraph 15 gives Congress the power,

        "To provide for calling forth the militia to execute the laws of the Confederate States; suppress insurrections, and repel invasions;"

        Paragraph 16,

        "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."

        Now it must be admitted that Congress had no need of the limited power over the militia of the States, which is given by the two last paragraphs, if it possessed under the 12th paragraph, the unlimited power to compel every man of whom the militia is composed, to enter the military service of the Confederacy at any moment designated by Congress.

        When the six paragraphs above quoted, are construed together, each has its proper place and its proper meaning; and each delegates a power not delegated by either of the others. The power to declare war, is the first given to Congress; then the power to raise and support armies; then the power to provide a Navy; then the power to make rules for the government and regulation of the land and naval forces. Congress may, therefore, make war; and as long as it can do so by the use of its armies raised by voluntary enlistments, (which was the meaning of the term "to raise armies," when inserted in the Constitution,) and by the use of the navy, it may prosecute the war without calling upon the States for assistance, or in any way interfering with the militia. But if it should become

necessary for Congress to employ more force than the army and the navy at its command, in the execution of the laws of the Confederacy, the suppression of insurrection, or the repulsion of invasion, Congress may then, under the authority delegated by paragraph 15, provide for calling forth the militia of the States, for these purposes. When this is done, however, paragraph 16 guards the rights of the States, by reserving, in plain terms, to the States respectively, the appointment of the officers to command the militia when employed in the service of the Confederate States. This authority was regarded by the Convention of 1787, as of such vital importance, that they, with almost entire unanimity, voted down a proposition to permit the general government to appoint even the general officers; while the most ultra federalist in the Convention, never seriously contended that the States should be deprived of the appointment of the field and company officers. The Convention doubtless saw the great value of this reservation to the States, as the officers who were to command the militia when in the service of the Confederacy, would not be dependent upon the President for their commissions, and would be supposed to be ready to maintain with their respective commands, if necessary, the rights of the States against the encroachments of the Confederacy, in case an attempt should be made by the latter to usurp powers destructive of the sovereignty of the former. On the contrary, should the officers to command the militia of the States in the service of the Confederacy, be appointed by the Confederate Executive and be dependent upon him for their commissions, they might be supposed to be more willing instruments in his hands, to execute his ambitious designs, in case of attempted encroachment.

        When, therefore, the different delegations of power are construed together, the whole system is harmonious. When Congress has declared war, and has used all the power it possesses in raising armies by voluntary enlistment, and providing a Navy, and still needs more forces for the purposes already mentioned, it may then provide for calling forth the militia of the several States, as contradistinguished from its armies and Navy; and here, for the first time, the States as such, have a voice in the matter; as Congress cannot call forth the militia without giving the States the appointment of the officers, which gives them a qualified power over the troops in the service of the Confederacy, and an opportunity to be heard, as States, if the delegated powers have been abused by Congress, or the military force is likely to be used for the subversion of their sovereignty.

        As the residuum of powers not delegated, is reserved by the States, they may, when requisitions are made upon

them for troops by the Confederacy, or when necessary for their own protection or the execution of their own laws, call forth the militia by draft or by accepting volunteers.

        The advocates of conscription by Congress, have attempted to sustain the doctrine by drawing technical distinctions between the militia of the States, and all the arms-bearing people of the States, of whom the militia is composed. In other words, they attempt to draw a distinction between a company of militia of one hundred men in a district, and the one hundred men of whom the company is composed. And while it is admitted that Congress cannot call forth the company by conscription but must take the company with its officers, it is contended that Congress may call forth, not the company, but the one hundred men who compose the company, by conscription; and by this evasion, get rid of the State officers and appoint its own officers. This mode of enlarging the powers of Congress and evading the constitutional rights of the States, by unsubstantial technicalities, would seem to be entitled to respect, only, on account of the distinction of the names of its authors, and not on account of its logical truth, or the soundness of the reasoning by which it is attempted to be maintained.

        If Congress may get rid of the militia organizations of the States, at any time, by disbanding them, and compelling all the officers and men of whom they are composed, to enter its armies as conscripts, under officers appointed by the President, the provision in the Constitution which reserves to the States the appointment of the officers, to command their militia, when employed in the service of the Confederacy, is a mere nullity whenever Congress chooses to enact that it shall be a nullity.

        Again, if Congress has power to raise its armies by conscription, it has the power to discriminate and say whom it will first call. If it may compel all between 18 and 35 years of age, by conscription to enter its armies, it has the same right to extend the act, as it has lately done, from 35 to 45; and if it has this power, it has the power to take all between 16 and 60. The same power of discrimination authorizes it to limit its operations, and take only those between 25 and 30, or to take any particular class of individuals it may designate. And it must be borne in mind that the power to raise armies, is as unlimited in Congress, in times of the most profound peace, as it is in the midst of the most devastating war. If Congress possesses the power to raise armies by conscription, it follows that it may disband the State Governments whenever it chooses to consider them an evil, as it may compel every Executive in every State in the Confederacy, every member of the Legislature of every State, every Judge of every

court in every State, every militia officer, and every other State officer, to enter the armies of the Confederacy in times of peace or war, as privates under officers appointed by the President; and may provide that the armies shall be recruited by other State officers as fast as they are appointed by the States. Admit the power of conscription claimed for Congress by its advocates, and there is no escape from the position that Congress possesses this power over the States.

        It may be said, however, that the case supposed is an extreme one, and that while Congress may possess the power to destroy the State governments, it would never exercise it. If it possesses the power, its exercise depends upon the will of Congress, which might be influenced by ambition, interest or caprice. Admit the power, and I exercise the functions of the Executive office of this State, you hold your seats as members of the General Assembly, and our Judges perform their judicial duties, by the grace and special favor of Congress, and not as matter of right by virtue of the inherent sovereignty of a great State, whose people, in the manner provided by the Constitution, have invested us for the constitutional period, with the right to exercise these functions.

        For my views upon this question somewhat more in detail, and for the strongest reasons which can be given on the other side to sustain this extraordinary pretension of power in Congress, I beg leave to refer you to the correspondence between President Davis and myself, upon this question; a copy of which is herewith transmitted to each branch of the General Assembly.

        In my letters to the President, will also be found the reasons which induced me to resist the execution of the conscription Act of 16th April last, so far as it related to the officers necessary to the maintenance of the government of this State. It may be proper that I remark, that my first letter to the President upon this question, in which I notify him that I will resist interference with the legislative, executive or judicial departments of the government of the State, though dated the 22d of April, as it was expected to go by the mail of that day, was prepared on the previous day, which was the day the exemption Act was passed by Congress in secret session; of the passage of which I had no knowledge, nor had I ever heard that such a bill was pending when the letter was prepared.

        The question has frequently been asked, why I did not resist the operation of the Act upon the privates as well as the officers of the militia of the State. But for the extreme emergency in which the country was at the time placed, by the neglect of the Confederate Government to make requisition upon the State for troops, to fill the

places of the twelve months men at an earlier day, and the fact that the conscription Act by the repeal of all other acts under which the President had been authorized to raise troops, placed it out of his power, for the time, to accept them under the constitutional mode, I should have had no hesitation in taking this course. But having entered my protest against the constitutionality of the Act, and Congress having repealed all other acts for raising troops, I thought it best on account of the great public peril, to throw the least possible obstructions, consistent with the maintenance of the government of the State, in the way of the Confederate Government in its preparations for our defense. I, therefore, at the expense of public censure which I saw I must incur by making the distinction between officers and privates, determined to content myself till the meeting of the General Assembly, with resistance to the execution of the act, only to the extent necessary to protect the State government against dissolution, and her people against the massacre and horrors, which might have attended negro insurrections in particular localities, had the militia been disbanded, by compelling the militia officers to leave the State, which would have left no legal vacancies that could have been filled by the Executive.

        While the first conscription act made a heavy draft upon the militia of the State, it left all between thirty-five and forty-five, subject to the command of her constituted authorities, in case of emergency; and with these and her officers, she still retained a military organization. I did not, at that time, anticipate an extension of the act, which would embrace the whole militia of the State, before your meeting. The late act of Congress extends the conscription act to embrace all between thirty-five and forty-five; and, if executed, disbands and destroys all military organization in the State. Not only so, but it denies to those between thirty-five and forty-five, the right guaranteed by the Constitution of the Confederacy and laws of this State, to every Georgian to elect the officers by whom he is to be commanded while in Confederate service, and have them commissioned by the proper authority in his own State. This privilege has been allowed to other troops when called to the field. Even those embraced in the first consctiption act, were allowed thirty days to volunteer and select their own officers from among those who, at the time the act was passed, had commissions from the Secretary of War to raise Regiments. But even this limited privilege, which fell far short of the full measure of their constitutional rights, is denied those now called for; and they are to be compelled to enter organizations in the choice of whose officers they have had no part, till all the old organizations, with most of their officers appointed by the President,

are filled to their maximum number. This act, therefore, not only does gross injustice to the class of our fellow-citizens now called to the field, and denies them the exercise of sacred constitutional rights which other citizens when they entered the service were permitted to enjoy, but, if executed, it takes the Major Generals and all other militia officers of the State, by force, and puts them under the command of third Lieutenants appointed by the President, and leaves the State without a military organization to execute her laws, repel invasion, protect her public property, or suppress servile insurrection which the enemy now threatens to incite for the indiscriminate massacre of our wives and our children.

        We entered into this revolution in defense of the rights and sovereignty of the States, and sundered our connection with the old Government, because State rights were invaded and State sovereignty denied. The conscription act, at one fell swoop, strikes down the sovereignty of the States, tramples upon the constitutional rights and personal liberty of the citizen, and arms the President with imperial powers under which his subaltern in this State has already published his orders to drag citizens of Georgia, who are not in military service, from their homes, "in chains," for disobedience to his behests; while invalids unfit for duty have too often been forced into camp and victimized by exposure which they were unable to endure. This action of the Government not only violates the most sacred constitutional rights of the citizen, but tends to crush out the spirit of freedom and resistance to tyranny which was bequeathed to us by our ancestors of the Revolution of 1776. When the first conscription act was passed we had just gone through a series of reverses which saddened the hearts of our people, and the public mind acquiesced in the usurpation on account of the supposed necessity. The Government, presuming upon the advantage gained by the precedent with the acquiescence, fastens upon the country a second conscription act which not only detaches part from the State militia, but disbands the whole. No plea of necessity can be set up for this last act. Instead of reverses, all was success at the time of its passage. Our glorious armies had driven the enemy, at the point of the bayonet, from every battle field, during the most brilliant summer and fallcampaigns to be found upon the pages of history. These successes had been achieved by men who entered the service as volunteers, and were not dragged from their homes as conscripts. The term of service of the troops was not about to expire at the time of the passage of the last conscription act, for they were then, every one, in for three years or the war. The additional number needed to reinforce the armies, if we may judge from the

past, could be furnished by the States under requisitions, in half the time, and with much less than half the expense which it will cost the President to get them into service as conscripts.

        Under these circumstances, solemnly impressed with a sense of the injustice about to be done to a large class of our fellow citizens, under an act which, in my opinion, plainly violates the Constitution of the Confederacy, and strikes down the sovereignty of the States, I felt that I should justly forfeit the confidence reposed in me by a people who, ever jealous of their rights, had opposed stern resistance to Federal encroachments, under my predecessors, Jackson, Troup and Gilmer, were I to permit the injustice, and allow the Government of the State to be virtually disbanded, and the right arm of her power severed from her, without first submitting the question of the surrender to the representatives of the people. I therefore informed the President of the Confederate States, in a letter dated the 18th of last month--a copy of which is here-to appended--that I would fill promptly with volunteers legally organized, a requisition, (which I invited,) for her quota of the new levy of troops needed by the Government, but that I would not permit the enrollment of conscripts under the late conscription act, till you should have time to meet, deliberate and act. You have the power to adopt the proper measures, and give proper direction to this question.

        During the approaching winter, the enemy will make every effort in his power with large fleets and armies, to take our seaport city, over-run a large portion of our State, plunder our people and carry off our slaves, or induce them to murder the innocent and helpless portion of our population. At so critical a moment, the portion of our militia, who remain in the State, should be encouraged to volunteer and form themselves into efficient organizations, and should be kept within the limits of the State to strike for their wives and their children, their homes and their altars. If all our population able to bear arms are to be forced by Conscription to leave the State in the greatest crisis of the war, to protect more favored points, and our own cities are to be left an easy prey to the enemy, and our homes to be plundered by his marauding bands without resistance, I will not be privy to the deed. You are the representatives of the people, and must make the decision. I therefore conjure you to stand by the rights and the honor of the State; and provide for the protection of the property, the liberties and the lives of her people.

        Hon. Thomas W. Thomas, a judicial officer of the State of great ability and integrity, in a case brought regularly before him in his judicial capacity, has pronounced the

Conscription Act unconstitutional, in an argument which has not been, and will not be answered. Since the decision was made, Congress, as the newspapers report, has passed an additional act, authorizing the President to suspend the privileges of the writ of habeas corpus, in all cases of arrest made under the authority of the Government, which was doubtless intended to deny to the Judiciary the exercise of its Constitutional functions, in this very case, and which places the liberty of every citizen of the Confederacy at the mercy of the President, who may imprison any citizen under his order without legal warrant or authority, and no court dare interfere to liberate the captive when the imprisonment is illegal. I now submit the question for the consideration and decision of the Representatives of the people of the State, whether the Constitutional rights of her citizens shall be respected, and her sovereignty maintained, or whether the citizen shall be told that he has no rights, and his State no sovereignty.

        The question is not whether Georgia shall furnish her just quota of men and means for the common defence. This she has more than done to the present time, and this she is ever ready to do, so long as she has a man or a dollar at her command. But it is, shall she be permitted to furnish troops as volunteers, organized in accordance with her reserved rights, or shall her volunteers be rejected and her citizens be dragged to the field as Conscripts in violation of their rights and her sovereignty? Shall the pompous pretensions of imperial power, made by a government constituted by the States as their common agent, be acquiesced in