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Journal of the Senate of the State of Georgia,
at the Annual Session of the General Assembly,
Begun and Held in Milledgeville,
the Seat of Government, in 1863:

Electronic Edition.

Georgia. General Assembly. Senate


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First edition, 2000
ca. 680K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Source Description:
(title page) Journal of the Senate of the State of Georgia, at the Annual Session of the General Assembly, Begun and Held in Milledgeville, the Seat of Government, in 1863.
271 p.
MILLEDGEVILLE, GA.
BOUGHTON, NISBET, BARNES & MOORE, STATE PRINTERS.
1863.

Call number 1539 Conf. 1863 (Rare Book Collection, University of North Carolina at Chapel Hill)


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Library of Congress Subject Headings, 21st edition, 1998

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JOURNAL
OF THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
ANNUAL SESSION
OF THE
GENERAL ASSEMBLY,
Begun and held in Milledgeville, the seat of Government, in
1863.

BOUGHTON, NISBET, BARNES & MOORE, STATE PRINTERS,
MILLEDGEVILLE, GA.
1863.


Page 3

JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA.

MILLEDGEVILLE, GA.,
Thursday, November 5th, 1863.

        At a session of the General Assembly of Georgia, begun and holden at the State House, in the city of Milledgeville, in the county of Baldwin, on the fifth day of November, in the year eighteen hundred and sixty-three, the Senate convened, and at 12 o'clock M., in accordance with law, was called to order by the Secretary, Mr. Mobley.

        The roll being called, the following Senators elect from the several Districts hereinafter mentioned, produced their credentials, and having taken the oath prescribed by the Constitution of this State before the Hon. Wm. M. Sessions, one of the Judges of the Superior Courts of this State, took their seats, to-wit:

        From the first Senatorial District, the Hon. Thomas E. Lloyd.

        From the second Senatorial District, the Hon. William B. Gaulden.

        From the third Senatorial District, the Hon. John Bennett.

        From the fourth Senatorial District, the Hon. R. A. Baker.

        From the fifth Senatorial District, the Hon. R. Pafford.

        From the sixth Senatorial District, the Hon. D. P. McDonald.

        From the seventh Senatorial District, the Hon. C. E. Groover.

        From the eighth Senatorial District, the Hon. R. J. Bacon.


Page 4

        From the ninth Senatorial District, the Hon. Charles D. Hammond.

        From the tenth Senatorial District, the Hon. Fred. H. West.

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

        From the twelfth Senatorial District, the Hon. T. L. Guerry.

        From the thirteenth Senatorial District, the Hon. Phillip Cook.

        From the fourteenth Senatorial District, the Hon. J. H. Pate.

        From the seventeenth Senatorial District, the Hon. Peter Cone.

        From the eighteenth Senatorial District, the Hon. Ambrose R. Wright.

        From the nineteenth Senatorial District, the Hon. E. H. Pottle.

        From the twentieth Senatorial District, the Hon Thomas F. Wells.

        From the twenty-first Senatorial District, the Hon. E. S. Griffin.

        From the twenty-second Senatorial District, the Hon. Alex. M. Speer.

        From the twenty-third Senatorial District, the Hon. W. L. Grice.

        From the twenty-fourth Senatorial District, the Hon. James M. Chambers.

        From the twenty-fifth Senatorial District, the Hon. Jas. N. Ramsay.

        From the twenty-sixth Senatorial District, the Hon. John I. Whitaker.

        From the twenty-seventh Senatorial District, the Hon. D. H. Walker.

        From the twenty-eighth Senatorial. District, the Hon. Jefferson Adams.

        From the twenty-ninth Senatorial District, the Hon. W. N. Walton.

        From the thirtieth Senatorial District, the Hon. S. D. Blackwell.

        From the thirty-first Senatorial District, the Hon. S. Barr.

        From the thirty-second Senatorial District, the Hon. A. F. Underwood.

        From the thirty-third Senatorial District the Hon. Robert White.

        From the thirty-fourth Senatorial District, the Hon. James Polk.

        From the thirty-fifth Senatorial District, the Hon. Elihu P. Watkins.


Page 5

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

        From the thirty-seventh Senatorial District, the Hon. C. W. Mabry.

        From the thirty-eighth Senatorial District, the Hon. William Hubbard.

        From the thirty-ninth Senatorial District, the Hon. J. T. Ezzard.

        From the fortieth Senatorial District, the Hon. S. Reid.

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

        From the forty-second Senatorial District, the Hon. H. F. Price.

        On motion, the Senate proceeded to the election of a President, and on taking the vote viva voce, it appeared that the Hon. A. R. Wright of the eighteenth Senatorial District, was duly elected.

        On motion of Mr. Blackwell, a committee consisting of Messrs. Blackwell, Chambers and Price, was appointed to notify him of his election, and conduct him to the Chair.

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

        On motion, the Senate proceeded to the election of a Secretary, when on receiving and counting out the ballots, it appeared that Lewis H. Kenan, Esq., of the county of Baldwin, was duly elected, appeared, was sworn, and entered upon the discharge of his duties.

        The assistant Secretary, C. W. Styles was sworn by the President of the Senate.

        On motion, the Senate proceeded to the election of a Messenger, when on receiving and counting out the ballots, it appeared that L. A. Simmons of the county of Pickens, was duly elected.

        On motion, the Senate proceeded to the election of a Door Keeper, when on receiving and counting out the ballots, it appeared that Wm. H. Roberts of the county of Baldwin, was duly elected.

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

        Resolved, In recognition of our dependence upon God, and our responsibility to Him, that arrangement be made to have the daily sessions of the Senate opened with prayer; and that a committee of three be appointed to carry this resolution into effect.

        In accordance with the foregoing resolution, the President appointed Messrs. Adams, Pottle, and Ezzard, as such committee.


Page 6

        On motion of Mr. Cone, the rules of the Senate for the last session, were adopted for the temporary government of the Senate, and fifty copies ordered to be printed for the use of the Senate.

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

        On motion, a committee of three, consisting of Messrs. Walker, Cone and Chambers, was appointed to join a similar committee on the part of the House of Representatives, and inform His Excellency the Governor, that both branches of the General Assembly are now organized, and ready to receive any communication he may have to make.

        On motion, the Senate then adjourned until three and a half o'clock P. M.

THREE & A HALF O'CLOCK, P. M.

        The Senate met according to adjournment.

        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, having elected the Hon. Thomas Hardeman of the county of Bibb, as their Speaker, Lafayette Carrington of the county of Baldwin, as their Clerk, Jesse Oslin of the county of Cobb, as their Messenger, and L. J. Alred as their Door Keeper--and that they are now ready to proceed to business.

        The House of Representatives have appointed Messrs. Beall of Randolph, Hester of Elbert and Parsons of Johnson, a committee to join a similar committee on part of the Senate, to wait on His Excellency the Governor, to notify him, that both Houses are now organized and ready to receive any communication he may think proper to make.

        Thomas W. J. Hill as Journalizing Clerk, and James S. Walker as Enrolling Clerk, were each sworn in and entered upon the discharge of their duties.

        On motion, leave of absence was granted Mr. Wells for a few days on account of the sickness of his family.

        Mr. Walker, Chairman of the Committee appointed to wait upon His Excellency the Governor, reported that they had discharged the duty assigned them, and that His Excellency the Governor, would, this day, communicate a message to both branches of the General Assembly.

        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.

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


Page 7

MESSAGE.

EXECUTIVE DEPARTMENT,
Milledgeville, Nov. 5, 1863.

To the Senate and House of Representatives:

        Since the last annual meeting of the General Assembly, our noble State, in connection with her Southern sisters, has passed through the vicissitudes of another year of bloody war, waged with more than savage cruelty, by a revengeful and unjust, though powerful enemy. Thousands of her most gallant and chivalrous sons have poured out their life's blood upon the battle field, or yielded to the stern messenger, upon the sick couch of the soldier; and as they have entered the dark valley of the shadow of death, covered with wounds, or emaciated with disease, they have cast a lingering look back upon the land for whose freedom they have fought; and in the heaving pangs of dissolution, have exhorted all who survive to emulate their example, and die, as they have died, sooner than permit their descendants to be enslaved. These noble men have risked and lost all in their own, and our defence, and we should merit and receive the scorn of the civilized world, if we should permit their orphan children to pass under the yoke of bondage, for lack of manliness on our part, to meet the foe face to face, and grapple with him hand to hand, while he invades our territory and we are able to maintain an army in the field, or to strike a blow in freedom's cause.

        No one can doubt what his duty is, if he reflects upon the nature of the contest in which we are engaged, and the motives which impel the people of the two governments to action.

        We of the South are fighting for the great principles of self-government, bequeathed to us by our fathers of the revolution of 1776. We are fighting for the land of our nativity, our homes and our property, our wives and our children. We have waged no aggressive war upon the people of the Northern States. We have not denied their right to govern themselves, or to adopt such form of government, as they may prefer. We have neither insulted their wives, destroyed their cities, stolen their property, desecrated their churches, nor the graves of their ancestors; but we have conceded their right of self-government, respected their private property, and treated as sacred the altars of their religion, and the resting places of their dead. All these have been violated on our soil by their vandal armies.

        In imitation of our fathers of the first revolution, we submitted to wrong, till our grievances were intolerable,


Page 8

and when we could no longer live with the people of the Northern States in peace, and were obliged to throw off the yoke, we only asked to be permitted to depart in peace. This right was denied us, and the present cruel and unjust war was waged against us. We fight then, for the inalienable right of self-government, and for the civil and religious liberties of ourselves and our unborn posterity.

        For what are our enemies fighting? They fight for power and plunder, and for the destruction of the right of self-government. They commenced the war under the hypocritical pretext, of restoring the Union, and maintaining the Constitution. Recently, however, the despot who now rules at Washington, has thrown off this mask, and has informed a committee from a Southern State, claiming loyalty to his government, that he now conducts the war for the abolition of slavery, the subjugation of the Southern States, and the confiscation of their property. Abolition, subjugation, and confiscation, are the terms offered to us. Who that is not a dastard is prepared to submit to either?

        I have heard it remarked that this is the rich man's quarrel, and the poor man's fight, and that the abolition of slavery would not injure the poor, who are not slaveholders. A greater error has never been conceived. While I admit that many of the rich have fallen far short of the discharge of their duty in this contest, and have merited the condemnation of all true patriots; I affirm that no class of society would suffer as much from abolition as the poor, and that no class has a greater interest, in everything but property, at stake upon the triumph of our arms, and the success of our cause.

        Mr. Lincoln avows his purpose to abolish slavery by force of arms; and to establish negro equality among us. If he is successful, the rich who own slaves will lose their money which is invested in them, but they will generally have enough left, to enable them to take their families, and get away, from a state of society so wretched and so degrading. The poor who have not the means to enable them to leave, must remain with their families; and submit to negro equality. What is the result? The poor white man goes to the polls to vote, if he is ever again permitted to vote, and the negro, claimed by Mr. Lincoln to be his equal, goes by his side, to exercise the same right, and make a set off against his vote. The poor man enters the jury box in the Court of justice, where important rights are to be decided, and the negro takes his seat by his side, and is recognized by the Court as his equal. The poor man is on trial for his life, the negro appears upon the stand, as his equal, and is permitted to testify against him. The poor man who labors for his daily bread, goes to his wealthier neighbor to seek employment, the negro appears by his side and underbids him in fixing


Page 9

the price of labor. The poor man sends his children to school, and the children of the negro are seated by their side, and if he remonstrates he is informed that the negro child is the equal of his own.

        Again our form of government is emphatically the poor man's best government; and he loses all his political rights, if he permits it to be overthrown. If our government were monarchical, and wealth and honors, with the right to govern, descended by the laws of the kingdom in the same family from generation to generation, the poor man would have but little interest in it, and but little inducement to fight for it. But under our form of government, wealth and honors are the exclusive prerogatives of no particular family. Like the waves of the ocean they are constantly changing place, and are transferred as generations pass, from one family to another. The youth who learns that his father has wealth and honors, is apt to make them his dependence, and relax his energies, and it not unfrequently occurs that his mental and physical constitution are destroyed by drunkenness, or other dissipations. The consequence is that he descends to a lower position in society. On the other hand, the son of the poor man, who has been trained in the school of adversity and labor, if he has ambition, talent, honesty, integrity, and energy, finding the road to wealth and honor open before him, often distances competition, and carries off the most valuable prize. Some little bright eyed boy, now meanly clad and neglected, the son of the poorest man in the Confederate army, may by his economy and his energy, become the wealthiest man of his State, or by his talent and eloquence, he may in future, lead the Senate; or on account of his wisdom, his patriotism and his administrative ability, he may be called to the responsible position of President of the Confederacy. Tell me not that the poor man has no interest in this contest, when the social elevation, or degredation, of himself and his children, depend upon its results. Let it never be said that he is disinterested, when the momentous decision is to be made, whether, he is in future to be the superior, or only the equal of the negro. Surely no poor man will say that this is not his fight, when the very existence of republican government is at stake, which is the only government that guarantees to him and his children equality of political rights. Let the South be conquered, and the sun of liberty will set in blood, military despotism will be established, and the equal political rights of the poor, and their children will be forever lost.

        But the abolition of slavery is not the only object for which the war is now prosecuted. We are informed that the armies of the enemy are to be used for our subjugation. What would then be our condition? We should have no political rights, except such as our masters chose to permit


Page 10

us to exercise. Our States would be reduced to provinces, or territories. We could neither have legislatures nor Courts, without the consent of the victors. Our right to vote, or to hold property, or to set upon juries, or testify in Court, would be subject to their caprice. Whether we were permitted to worship God according to the dictates of our own consciences, or must submit to such established form of religion as our conquerors might prescribe, would depend entirely upon their will, as we should then have no constitutional rights, and no guarantee of the liberty of conscience. It is impossible to conceive of a people in a more wretched condition, than we would be after our subjugation. But our misery is not to end here. Our slaves are not only to be set free among us and be made our equals; and our subjugation to be complete; but all our property is to be confiscated to pay the war debt of the abolition government, and to maintain an insolent army in our midst, to dragoon us into perpetual submission, and rivit our chains more closely from generation to generation.

        Every reflecting mind is obliged to comprehend that it would take nearly or quite the whole property of the South to pay the immense war debt of the North; and if any should be left after its payment, that Yankee cupidity in possession of unrestrained power, would soon appropriate the balance to its own use. But suppose the abolition government should modify its policy and repeal the confiscation act, what would be the result? We should be permitted to keep the possession of our property, but we should be taxed to the full extent of its annual incomes. Instead of giving it up to pay the debt at once, we should be compelled to act as overseers for the Lincoln government, receiving a bare subsistence for our labor. Whether our property is all confiscated and sold to pay the debt immediately or is left in our hands, and taxed till it is worthless to us matters very little, as in either case we are subjugated serfs--mere paupers and slaves to abolition power. Not only every principle of honor and of manliness, but every obligation which ancestry can be under to future posterity requires, that we should never yield to subjugation, but that we should defend our liberties and strike for independence, as long as we have a man to muster or a weapon to use.

        The reconstrnctionist who imagines that if the war were ended, we should be placed back where we were when it commenced, labors under an egregious error. The Lincoln government offers no such terms, and it is not in its power to grant any such, as it could not restore our slaughtered kindred, compensate our injured females, or return our devastated fields and cities, as they were when this wicked war was waged upon us. Let the reconstructionist remember that the terms offered by the government at Washington


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are not the restoration of the Union, and compensation for the injuries it has done us; but they are abolition, subjugation, and confiscation. It is announced by an officer high in position, upon the authority of the Supreme Court, that all the property of all the citizens of a State in rebellion, as they term us, is subject to confiscation; whether such citizen favored the rebellion or not. In other words they declare their intention, so soon as we are subjugated, to confiscate all the property, of all the people of the Confederate States, no matter what may have been their opinions of the war, or their conduct during its prosecution. These terms cannot be very consoling to the friends of the abolition government, if there be any such in the Confederacy.

SUBSTITUTES IN THE ARMY.

        That portion of the conscript act which authorises those within conscript age to employ substitutes, has, in my opinion, been productive of the most unfortunate results. If conscription is right, or if it is to be acquiesced in as a matter of necessity, it is certainly just that it act upon all alike, whether rich or poor. With the substitution principle in the act, its effect has been to compel the poorer class, who have no money with which to employ substitutes, to enter the army, no matter what may be the condition of their families at home, while the rich, who have money with which to employ substitutes, have often escaped compulsory service. This is not just as between man and man. While I trust I have shown that the poorest man in the Confederacy has such interest at stake as should stimulate him to endure any amount of hardship or danger for the success of our cause, it cannot be denied that the wealthy are under as great obligation to do service, as they have, in addition to the rights and liberties of themselves and their children, a large amount of property to protect. If every wealthy man would do his duty, and share his part of the dangers of the war, but few complaints would be heard from the poor. But if the money of the rich is to continue to secure him from the hardships, privations and dangers, to which the poor are exposed, discontent, and more or less demoralization in the army must be the inevitable result.

        He who has paid two or three thousand dollars for his substitute, has often made it back in a single month by speculation, and it has not unfrequently happened that the families of those in service at eleven dollars per month, have been the most unfortunate victims of his speculation and extortion.

        A very large number of stout, able-bodied young men, between 18 and 45 years of age, are now out of the army, and in their places the Government has accepted old men over 45, who have, in most cases, been unable to undergo long marches, privation, and fatigue. Thousands of these


Page 12

have sunk by the way, either into the hospitals or into the grave. It is also understood that much the larger number of deserters and stragglers from the army have been substitutes, who have entered it for hire, and after receiving the stipulated price, have sought the first opportunity to escape, which they have in some instances been permitted to do, with the acquiescence and encouragement of officers, who have been their partners in guilty speculation. Thus the same individual has been accepted as a substitute for each of several able-bodied young men, who have been left at home to seek for gain and enjoy comfort, while our enemies have gained advantages on account of the weakness of our armies.

        If we expect to be successful in our struggle, the law must be so changed as to place in service the tens of thousands of young men, who are now at home. This would reinforce our armies, so as to enable us to drive back the enemy upon every part of our borders. After this change in the law the Government could provide for the protection of the most important interests at home, by making proper details of such persons as are indispensably necessary. This would be much better than the extension of the conscription act up to 50 or 55, as it would bring into the field young men able to endure service, in place of old men who must soon fail when exposed to great fatigue and hardship, many of whom are as competent as young men to oversee plantations and attend to other home interests.

        But it may be denied that the Government can now so change the law, as to make those who have furnished substitutes liable to service, as it is bound by its contract to exempt them, and they have acquired vested rights under the contract, which it is not in the power of the Government to divest. Let us examine this for a moment. I purchase a lot of land from the State of Georgia, and pay her one thousand dollars for it, and she conveys it to me by grant under her great seal. The contract is as solemn, and binding, as the Government can make it. My fee simple title is vested and complete. But while I have the grant in my pocket and the State has my money in her treasury, it is discovered that public necessity requires the State to repossess herself of the land; I refuse to sell to her; she may pay me just compensation, and take the land without my consent, and she violates no fundamental principle, as all our private rights must yield to the public good, and if we are injured we can only require just compensation for the injury.

        Again, suppose I have labored hard and made upon my land a surplus of provisions, which are my own right and property, and I refuse to sell them to the Government, when the army is in need of them; it may take them without


Page 13

my consent and pay me just compensation, and I have been deprived of none of my constitutional rights.

        The right of a person who has employed a substitute to be exempt from military service, can certainly stand upon no higher ground. The Government has extended to such persons the privilege of exemption upon the employment of a proper substitute, but if the public safety requires it, the Government certainly has as much right to revoke this privilege as it has to take from me my land, or my provisions, or other property, for public use; and all the person who employed the substitute could demand would be just compensation for the injury. The measure of damages might be the amount paid by the principal for his substitute, less a just pro rata for the time the substitute has served; and upon the payment of the damage or the just compensation for it, the Government would have the right to retain the substitute, as well as the principal, in service, as the substitute has been paid by the principal for the service, and the principal has been compensated for the damage done him by ordering him into service. It would be competent, however, in estimating the damages in such case, to take into the account, the interest the principal has in the success of our cause, and the establishment of our independence, as necessary to the perpetuity of his liberties, and the security of all his rights. It would also be competent to inquire whether he has indeed suffered any pecuniary loss. If he has paid three thousand dollars for a substitute, and has been kept out of the army for that sum for one year, and during that time he has made ten thousand dollars more, by speculation, or otherwise, than he would have made had he been in the army, at eleven dollars per month, the actual amount of compensation due from the Government to him might be very small indeed, if anything.

        Believing that the public necessity requires it, and entertaining no doubt that Congress possesses the power to remedy the evil, without violating vested rights, I respectfully recommend the passage of a joint resolution by this General Assembly, requesting Congress to repeal that part of the conscript act, which authorises the employment of substitutes, and as conscription is the present policy of the Government, to require all persons able to do military duty, who have substitutes in service, to enter the military service of the Confederacy, with the least possible delay, and to provide some just rule of compensation to those who may be injured by the enactment of such a law. I also recommend that said resolution instruct our Senators, and request our representatives in Congress, to vote for and urge the passage of this measure at the earliest possible day.


Page 14

DESERTERS AND STRAGGLERS FROM THE ARMY.

        Deserters and stragglers from the army, and the too common practice of overstaying the time allowed those on furlough, are evils which if not checked, must result in great injury to our cause and endanger our success.

        A person who has travelled over the country to any considerable extent, cannot have failed to observe the vast number of persons in the uniform of Confederate officers, and of soldiers, who crowd our railroad cars, and fill every hotel on our lines of travel. Many of these persons are believed to be neglecting duty, and attending to speculation, and other private interests, or pleasure. Some who are not in commission no doubt wear Confederate uniform to enable them to avoid enrollment as conscripts. Those absent on sick leave have frequently stayed weeks and months after they were able to return to camps, and have procured from unscrupulous surgeons, certificates, which have excused them with their commanders. Others overstay their time without excuse, till they fear the penalties that await them, and they then determine never to return. By these practices, the army is greatly depleted, and has not in the field, much more than half its strength; and many in service are denied furloughs which ought to be granted, because others have not been compelled to do their duty, and return at the appointed time. Whether these abuses are caused by the favoritism or negligence of officers in command, or by the failure of the people at home to require of all who are absent, in violation of orders, to return, I do not pretend to decide. The evil is an alarming one however, and calls for a speedy remedy.

        In response to the request of Confederate Generals in command, I have by proclamation, directed the civil and military officers of this State, and the State troops, to be vigilent in the arrest of deserters and stragglers. Many have been arrested by them, and returned to their respective commands, but further legislation is required, to enable the Executive to apply an effective remedy. It is necessary that the law make it the imperative duty of all sheriffs, constables, and all other civil officers of every grade; and of all the militia officers of this State, to arrest each and every person in their respective counties who belong to the Confederate army, and cannot show that he has a legal furlough, and has not overstayed the time allowed him. A heavy penalty should be imposed upon each officer who neglects to discharge his duty, and execute the law; and a sufficient sum should be appropriated to defray the expense of the arrest of all deserters and stragglers, and of their conveyance and delivery, to a Confederate officer authorized to receive, and return them to their commands. A resolution should also be passed, requesting the Confederate


Page 15

Government to refund to Georgia, all sums necessarily expended in the return of such persons to their places of service; or to authorize the Post Quartermaster at the place where the deserter or straggler may be delivered to a Confederate officer, to pay all necessary expenses. The latter plan if adopted by Congress, would be the more equitable and just, and would be attended with less complication of the accounts between the Confederate and State Government.

        If each State will adopt a policy of the character above indicated, and the Government at Richmond will require its Generals in command of Departments, to punish severely, all officers guilty of favoritism, in granting furloughs; and will compel all its Chief Commissaries and Quartermasters to dismiss from their service, all persons subject to conscription, and to send back to the army, the large number of idlers, who are found about all our towns and cities, many of whom have details with very little duty to perform, or positions, which are of little practical use, other than to keep them out of reach of danger; and if it will put negroes in the place of eight out of ten of our teamsters in the army, leaving enough of the most experienced and energetic white teamsters to control the negroes; and will fill with negroes the places of nine-tenths of the white men now engaged in making potash, and attending to other similar duties, and will in each case compel, the white men relieved, to take their positions in the ranks as soldiers, and will order into service the swarm of enrolling officers, who, in some of the counties, are spending their time in idleness and dissipation, and are scarcely sending to the camp of instruction once a month, a number of conscripts as large as their own number; we shall soon see the army greatly strengthened, and the troops much better contented and more irresistible. Justice to those who have done their duty faithfully requires that others shall be compelled to do likewise.

EXEMPTION OF STATE OFFICERS.

        The Congress of the Confederate States, at its last session, passed an act, exempting from conscription, all State officers, claimed as exempt by the Governor of each State, till the meeting of the next legislature of the State, after the date of the act. It is now left for the General Assembly of this State to determine what State officers shall in future be exempt from conscription. While Congress has no power to disband the Government of a State, or take from it any of its officers civil or military by conscription, without its consent, the State has the power if it chooses to exercise it, to turn over any of its officers not necessary


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to its existence, to the Confederate Government, for military service.

        Entertaining the opinion that the State should always keep within her limits, and at her command, a sufficient force to execute her laws, do police duty, and repel raids and robber bands from her soil, and should preserve intact her government; I have felt it my duty, to refuse to permit her officers to be enrolled as conscripts; but I have required them to hold themselves in constant readiness to do local service, and to enter the organizations formed for home defence, without regard to rank; and have given the officers furloughs when necessary, to enable them to discharge even the duties of privates in volunteer organizations. When I refused to permit the officers to be taken as conscripts, I acted upon a principle, and not from favoritism to the officers as individuals, as I have no personal acquaintance with one in ten of them, and there is no reason why I should be more partial to them than other good citizens. Though my course at the time gave much dissatisfaction, and political opponents seized upon the occasion, to prejudice the minds of the people against me, I trust the result has vindicated my conduct.

        Had I permitted the military organization of the State to be disbanded, it would not have been in my power to have filled the late requisition of the President upon this State for 8,000 troops for local defence, as I should have had no officers at my command in the several counties to conduct the organization, required by the President. This will be more clearly seen by contrasting the action of Georgia with that of Alabama. The legislature of Alabama by joint resolution, if I mistake not, turned over all militia officers in that State within conscript age, to enrollment. Georgia retained hers. The President called upon Georgia for 8,000 men for home defence; and upon Alabama for her quota. Georgia raised and tendered over 18,000. Alabama failed to raise the number required, and the Governor was obliged to convene the legislature, and recommend the re-organization of the militia, and the appointment of new officers, before the quota of the State could be filled. The fault rested not with the people of Alabama, for none are more loyal, gallant and patriotic, but it resulted from the action of the legislature in permitting the militia system of the State to be virtually destroyed by the enrolling officers, which left the Governor without officers to obey his orders, and conduct the organizations necessary to fill the quota.

        He who yields to popular clamor, in the midst of excitement, and abandons principle, whether from mistaken ideas of patriotic duty, or for mere expediency, is sure to have abundant cause to regret it. The majority of the people are honest, and though they may become excited, and may for a


Page 17

time be led astray by designing politicians or unprincipled leaders, they will, when correctly informed, generally do right, and stand by principle; and will in the end bestow their confidence most liberally upon the public man, who has the moral firmness and determination to resist their will, when they are excited and misled, and to invite them back to the true path of first principles.

PAY OF SOLDIERS.

        The rate of monthly compensation fixed by law for officers and soldiers when everything was upon the gold basis, which was the case when the act was passed, may then have been sufficient. But the currency has been depreciated till it is now virtually no reward for their services. Take for instance a Lieutenant in a company, who has to purchase his clothing and rations out of his pay, and his wages will not pay for his board, much less will it clothe him. Our company officers have to live upon scanty allowance, and cannot generally afford to purchase uniforms, to distinguish them from privates. The private gets rations and clothing and eleven dollars per month in the present depreciated currency. The question of an increase of compensation was at my suggestion pressed upon Congress by the last legislature of this State, but the Senate refused to sanction it. The objection urged against the measure with the most earnestness seemed to be, that the soldiers were not fighting for pay, but for glory, liberty, patriotism and independence. There might be some force in this position, if Congress which compels the soldier to fight at eleven dollars per month, for independence and glory, could compel the manufacturer to make cloth to clothe the soldier's naked families, or the tanner to make leather for their shoes, or the merchant to sell them goods, or the farmer to supply them with provisions, at the rates which existed at the commencement of the war, when the soldier's pay was fixed, and to take all the balance of the present price in glory and independence. There is not the semblance of justice in the pretext, that it is the duty of the soldier to serve his country at these low prices, when every necessary of life which his family must purchase has risen five fold in the market. When the products of the manufacturer, the goods of the merchant, the leather of the tanner, the corn and meat of the farmer, and the wages of every other class of the community, have increased several fold, what fair and just minded man can say, that the soldier who makes the greatest sacrifice of all others, should alone be made an exception to the rule?

        Another objection urged against the increase of soldiers' pay is that it increases the quantity of the currency, by compelling the Government to issue a larger amount of treasury notes to meet the payment, and that this causes still greater depreciation and higher prices; and it is contended


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that the soldier could buy but little more with twenty-two dollars per month than he now gets with eleven. The same argument might be urged with equal force against allowing the manufacturer to charge one dollar per yard for cloth, which he sold for ten cents at the time the act was passed fixing the soldiers' pay; or against permitting the farmer to charge five dollars per bushel for wheat, which was then only worth one dollar, or one dollar a pound for meat, which was then only worth ten cents; or against permitting the mechanic to charge ten dollars per day, when he formerly got but two. All this has had its effect upon the currency, and raised the price of provisions. But the price of the provisions used by the soldier's family has increased as much as the price of those used by the manufacturer, or the farmer, and the soldier receives only the price for his services which he got before the depreciation began, while all other interests get the benefit of the increase in the price of labor and material. This cannot be defended upon any just or equitable principle. Let all be affected equally by the increase of prices, and if the volume of the currency is too largely increased, let it be absorbed by taxation, which acts equally upon all. But do not single out our brave defenders and compel them to bear all the burthens of the depreciation without receiving any of the benefits of increased compensation which are allowed to all other classes.

        In my opinion it is the duty of the legislatures of the several States, to continue to urge upon Congress a reconsideration of the question, till justice is more nearly approximated. I therefore recommend the passage of a joint resolution by the General Assembly, instructing our Senators and requesting our Representatives in Congress to use all their influence and energy, to procure the passage of an act, to allow all commissioned officers in the Confederate service an increase of twenty-five per cent upon their pay, and to allow them rations in addition to the compensation now allowed by law; and to increase the compensation of private soldiers to twenty-two dollars per month, and of non-commissioned officers in like proportion.

CLOTHING OUR TROOPS IN SERVICE.

        It is the duty of the Confederate Government to furnish all our troops in service with comfortable clothing; but as this is not always done, it should be the settled determination of the Government and people of this State, that her sons in service shall not suffer for clothing, as long as she has the means at her command to supply them. The State violates no principle and assumes no unwarrented powers, when she clothes her naked sons whose wants are not provided for. Humanity as well as duty requires this.

        Acting upon the proper policy, the Legislature at its session


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last winter, appropriated $1,500,000 for this purpose. It was found, however, that the troops suffered much for clothing, on account of the delay which was caused by consumption of time in debating upon the appropriation, and the time necessarily taken after the bill was passed, before the clothing could be procured.

        I thought it very desirable that this delay be avoided in future; and as I had the means at my command to make purchases for this winter, though not appropriated with a view to this specific object, I felt it my duty to make an effort to procure the necessary supply. The $5,000,000 appropriated by act of Dec. 1861, was a general appropriation for military purposes, to be expended at the discretion of the Governor. A large balance remained unexpended, which under the law, would have reverted to the Treasury on the 1st day of May, 1863, had it not been drawn. On the 26th day of April, 1863, I directed the Quartermaster General of this State, to draw $2,000,000 on the appropriation, to be expended in the purchase and manufacture of clothes and shoes for the troops, and for other military purposes, and to deposit it in the Treasury subject to his draft, from time to time, as he needed it for the uses aforesaid. The Quartermaster General has on hand, besides those already distributed, nearly forty thousand suits of clothes, which are ready for distribution among the troops as their necessities may require. He has been unable to get blankets, and it has been very difficult to procure shoes. A very considerable quantity of raw hides has been purchased, which are now in tan, and will add to the number of shoes. For a detailed statement of the supplies procured, and distributed, you are respectfully referred to the report of the Quartermaster General. He has been energetic and attentive, and has acted with much foresight and prudence. The stock which he has purchased would now command probably $2,000,000 profit, if placed upon the market.

        Should the war last another year, (and we cannot assume the contrary,) it will be necessary to make further appropriations to secure clothing for next winter. This should be done at the present session, to afford time to avail ourselves of the best market, and to enable us to be ready to supply the needy and prevent suffering. It may be best to make suitable provisions for the importation of part of our future supplies.

        To meet the demands likely to be made upon us for the next year, I recommend the appropriation of $2,000,000 as a Clothing Fund.

SUPPORT OF SOLDIERS' FAMILIES.

        It will not only be necessary to clothe our naked troops while they are in the army, but it is an imperative duty which the people of Georgia owe to them, to see that their


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families do not suffer for the necessaries of life, in their absence. While I am no advocate for supporting them in idleness, and hold that it is the duty of every man, woman and child in the State, able to work, to labor with all their strength to support themselves and those dependent upon them, I know it is impossible for a woman, at the present high prices of provisions, to support herself and children, by her labor. Many of our soldiers who are almost destitute of property, have responded nobly to their country's call, and have endured an amount of fatigue, hardship and danger, to which those at home are strangers, while their wives and children, and the widows and orphans of the slain, have been supported upon the most scanty allowance, or left to suffer for the necessaries of life. This should never be so. Our soldiers from every part of the State, fight for the protection of the liberties of the whole people, and the wealth of the whole State; and I hold that it is their right to demand of the people and the wealth of the State, that their wants be supplied while in camp, and that such assistance be afforded their families at home, as may be necessary to save them from want of the necessaries of life. This should be done at the expense of the wealth of the State, if it takes an annual tax of ten per cent. If it is neglected, the army must become demoralized, if not disbanded, and our liberties and property are all lost. I do not think, in view of the scarcity of provisions and the depreciation of the currency, that less than $5,000,000 will Le sufficient; and I recommend the appropriation of that sum for the purpose. I also recommend such changes in the mode of disbursing the fund, as experience in the different counties may have shown to be necessary. The system should be as nearly uniform as possible in all the counties.

ASSISTANCE TO COUNTIES OVERRUN BY THE ENEMY.

        In addition to the appropriations necessary for the assistance of soldiers' families, it is absolutely necessary that relief be afforded the people of Dade, Walker, Catoosa, Chattooga, and part of Whitfield counties, whose territory has been partly overrun by the enemy, and whose supply of provisions has been almost entirely consumed by the enemy, and by our own army. The supplies of these people have either been taken by the common enemy, or by our army for the common good. In either case, it is the duty of the whole people of the State, to consider the loss as a common one, and provide assistance from the common treasury. Having no other appropriation at my command upon which I could draw for this purpose, I set apart two thousand dollars of the contingent fund, for the purchase of provisions in each of the counties of Catoosa, Walker and Chattooga. I was unable to extend relief to the people of


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Dade, on account of the impossibility of procuring transportation, as the enemy hold Chattanooga through which the railroad passes to the county. I recommend liberal appropriations for the relief of the people of these counties, many of whom must suffer unless relief is afforded by the State.

PROVISION SUPPLY.

        I feel that I cannot too earnestly invoke the attention of the people, and their representatives, to the importance of looking well to our future supply of provisions. This is the only point upon which we have any thing to fear for the success of our cause. If we can continue to feed our armies and sustain our people at home, we can fight the enemy for an indefinite period of time, without the least danger of subjugation. But should our provision supply fail, our armies must be disbanded, and all will be lost.

        The last legislature passed an act restricting the cultivation of cotton to three acres to the hand. This act needs amendment. No one should be allowed to plant, cultivate, or gather more than one fourth of an acre to the hand, while the war continues. This, with the quantity on hand, will keep seed and clothe our people, and we should permit no more to be raised. All the land, labor, and energy of the State, should be employed in the production of provisions, and every family, whether rich or poor, should live upon the smallest quantity which will sustain life and preserve good health. The man who, because he has the means, indulges in luxuriant abundance is guilty of a crime against society, as others must suffer on account of his indulgence of his appetite or his vanity, when there is not a plentiful supply for all.

        In the North-eastern part of our State, especially in the mountains, the crop of the present year has been almost a failure. The season has been very unfavorable, and the early frost has destroyed a large proportion of what was being made.

        It is believed that the patriotism and loyalty of the people of no other part of the State has been subjected to so severe a test as has been applied in that section. The people own but few slaves, and almost the entire productive labor has been called to the military field, leaving a large population of women and children, and old men, to support themselves. This they are unable to do with good seasons, and when these fail many of them must starve unless they get assistance. To add to their embarrassments the impressing officers of the Confederate Government have gone among them, and taken from them part of their scanty supply. They have been deprived of most of their oxen, which were their dependence to transport food from the railroad. In many cases they have received insolent treatment, from those who


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have taken their means of living, under circumstances little better than robbery.

        With the exception of the section above mentioned the crop has been generally good, and it is hoped that bread enough has been made to maintain the people of the State and the army upon her border. In addition to the difficulties above mentioned, heavy drafts are made upon our productions to support the large negro population imported into the State, from sections of country overrun by the enemy, who, after their arrival, have not been employed in agricultural pursuits, or have not been here long enough to make a crop.

        We are also called upon to divide our provisions with a large refugee population of our fellow citizens from sister States. These persons are generally of the better classes of society, intelligent, high-toned, and honorable, who, on account of the leading positions which they have occupied, and their unyielding devotion to our cause, have been obliged to leave their homes upon the approach of the armed legions of the enemy, to avoid banishment and imprisonment. Having as a class made sacrifices for Southern independence, to which we are yet strangers, they are entitled to our highest respect and most profound sympathy and we should welcome them with warm hearts, divide with them as long as we have bread, and be willing to share with them a common fate.

        I refer to these facts to show the heavy demands made upon the productions of the State, and the great importance of exerting every energy to secure supplies for another year. The bread question is the question in this contest. Our independence is staked upon our ability to continue to raise a sufficient supply of provisions to support the army, and maintain the women and children at home. By the blessings of Divine Providence we shall succeed, but to do it, we must lay aside every production not necessary to sustain life.

STATE TROOPS.

        The two regiments of State troops raised under the joint resolution of the last General Assembly, are now a well organized body of men, with good arms and equipments. During the earlier part of the year, they were, at the request of the Confederate General in command at Savannah, ordered to that point, to assist in the protection of that city. While there, the enemy made the first attack upon Fort Sumter, and an assault upon the city of Charleston was expected. Believing that they could then defend Savannah more successfully at Charleston, they volunteered and went to that place, where they remained till the danger of attack was passed. In May, when the bridges upon the State Road were seriously threatened by the enemy, they were ordered


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up for the defence of the road, where they have since remained, and I have been assured by General Bragg, that they have been of great service to him in protecting his rear, since the army has been near Chattanooga. Atlanta has been his base of supplies, and the destruction of the bridges on the State Road, would have destroyed the communication between him and his base, and might have compelled him to fall back. Had the State not been able to protect his rear, the General must have sent part of his own army to do that duty, which would have weakened his force and made his success more doubtful. Part of the State troops were ordered to the mountains early in the year, to suppress threatened insurrection, and arrest offenders and deserters. This service was rendered in a manner very creditable to the troops. Detachments from the regiments have frequently been sent out during the year, to arrest deserters and stragglers, which service they have performed with promptness and efficiency. In case of a raid into this State, this force would be of great service in the protection of public and private property, and in repelling the aggressors. No State in the Confederacy, should be without such a force during the continuance of the war, as emergencies must frequently arise, which make it indispensibly necessary that the State have at her command a force sufficient to suppress slave insurrection, repel incursions of the enemy or meet other sudden exigencies. I notice that the Governor of South Carolina has lately convened the legislature, and recommended the organization of a similar force in that gallant State.

        For more detailed information in reference to the organization and services of the State troops, as well as for information upon other military subjects, you are referred to the able report of Henry C. Wayne, Adjutant and Inspector General, to which your attention is respectfully invited.

MILITARY APPROPRIATION.

        I recommend the appropriation of three millions of dollars as a military fund for the support of the State troops, and for other military purposes, for the ensuing year.

TAXATION.

        As the appropriations of the present session must be heavy to meet the public necessities; it will be the duty of the legislature to provide for raising the money. The currency, both State and Confederate, is so much depreciated, that it is extremely unwise to contract debts at the prices now demanded for all articles purchased by the State, and agree to pay, after the war is ended, when property must again be estimated upon the gold basis. This is like borrowing ten cents, and agreeing to pay a dollar in gold for it after the war is over. No prudent man would do this in the transaction of his private business, and no wise sagacious


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statesman should do so, in the management of the affairs of the State. The people of the State can probably pay ten millions of dollars in the present currency, as easily as they could pay one million after the war is over, when property has depreciated ten fold in value. Then why add our expenditures to our debt? Nothing could be more unwise.

        I recommend and urge upon you to make an estimate before the adjournment of the session, of the amount appropriated, and to impose a tax sufficient to raise and pay it. There is not a sensible thrifty man in the State, who reasons upon the question, who would not prefer this, rather than add the sum appropriated to our State debt. It is believed, that from one to one and a half per cent upon the property of the State, will raise all that will be needed for the year. This will be a nominal tax compared with the present Confederate tax.

        If it should be necessary to raise money for use, before the tax can be collected, it is not doubted, that an arrangement could be made with our Banks, for a temporary loan of the amount required upon reasonable terms.

        If the General Assembly should differ from me in this policy, and determine to continue to increase our debt, at the present depreciated rates of currency, thus virtually giving ten dollars for one. I recommend a continuance of the issue of Treasury notes, or Treasury certificates, to raise all sums appropriated, for which no provision is made by taxation. I feel however, that I cannot too earnestly urge upon you, the importance of imposing a sufficient tax, to raise such sums as may be needed. This would preserve the credit of the State, and protect us and our posterity from a heavy burden, which it would at present cost us but little to avoid.

THE CURRENCY.

        Without reproducing the argument here, I respectfully refer the General Assembly to my message addressed to your predecessors, when convened in extra session in March last, for my views upon this question; so far as they relate to the action proper to be taken by the legislature.

        The Constitution of the Confederate States, gives that government full and ample power over the whole subject matter of the Confederate currency.

        Congress has power:

        To borrow money on the credit of the Confederate States.

        To regulate commerce with foreign nations, and among the several States, and with the Indian tribes.

        To coin money and regulate the value thereof.

        To provide for the punishment of counterfeiting the securities and current coin of the Confederate States.

        And to lay and collect taxes, duties, imposts and excises, for revenue necessary to pay the debts, provide for the common


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defence, and carry on the government of the Confederate States.

        It is worthy of remark, that the power is given not only to regulate commerce, coin money, and borrow money, but to impose taxes, based upon proper equality, to an unlimited extent upon exports, imports, and the individual property, of every citizen of every State in the Confederacy, to pay the debts, provide for the common defence, and carry on the Confederate Government.

        The States having delegated to the Confederate Government these vast and unlimited powers over the public debt, and the means of providing for its payment, should leave the management of the Confederate finances and the responsibilities therewith connected, where the Constitution leaves them.

        An offer by the States, as States, to interfere actively with the Confederate finances; or a request by the financial officers of the Confederacy, that the States do so interfere, by endorsing the bonds of that Government; or by loaning their bonds to it, to be sold in the market to purchase its own issues at depreciated rates, when the States have delegated the full, ample and exclusive management of this matter to the Confederate Government, is a virtual declaration that the government is a failure; or that the officers, entrusted with this branch of the government are incompetent to the task of establishing a wise financial system, unworthy of public confidence, and deserve to be superceded by men who have financial ability, and practical statesmanship, to discharge the duties imposed by the Constitution and laws upon them. I am not prepared to make this charge: if I were I would say that a change of administration in this department, and not, the inauguration of a patchwork policy by which the States are called upon to discharge the duties of the Confederate officers on account of their incompetency, would be the proper remedy. Let the State and Confederate Government each move within the sphere assigned it by the Constitution; and let each be responsible to the people for the faithful discharge of the trust reposed in it. When either undertakes to discharge the duties which properly pertain to the other, it not only takes responsibilities not its own, but it assumes the incompetency of the other.

        But it may be said that State credit is worth more than Confederate credit in the market and if the States will issue fifty millions of dollars of their bonds and loan them to the Confederacy, it can purchase sixty-five millions of its outstanding issues, and thus make fifteen millions of dollars.

        It is not denied that the Confederacy by turning broker of its own bills, might make some money by such an operation, so long as the relative difference between State and


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Confederate credit could be maintained. But it must be apparent to all, that this speculation would be overbalanced by the loss of character; and of the confidence of the public, in the ability of a Government, which would resort to such an expedient; ever to establish and maintain a wise financial system of its own. The speculation made by such a transaction could have little or no influence in regulating the currency. Instead of increasing public confidence in Confederate credit, it would do much to destroy it, as it would be an implied acknowledgment of imbeciliity and incompetency on the part of those responsible for the management of the Confederate finances.

        If the war lasts a few months longer, it will require the proper management of billions, not millions of dollars, to regulate the currency and sustain public credit. Suppose in place of fifty millions the States should issue their bonds for a billion of dollars, (and less would not long suffice,) what would be the result? The debt of each State would become so large, that its bonds in the market, would be worth less than Confederate bonds, which are the bonds of all the States combined. So soon as the system is adopted and published to the world, State credit will at once sink below Confederate credit, and the whole speculation is at an end. In a word, the infant giant so soon as its proportions are developed, immediately commits suicide.

        But it may be said that the States are only asked to loan the Confederacy fifty or one hundred millions of their credit. It is very true this is all that is proposed to initiate the system. But he must be a very superficial observer who does not see, that as soon as that amount is disposed of, another one hundred, or five hundred millions, will be demanded, with more confidence than the first demand is made, as the officers of the Confederate Government will then have precedent to quote in favor of the demand, and the credit of the States must at once be dragged down below Confederate credit, and the country still left without a financial system to carry it through the difficulties by which it is now surrounded. I am fully satisfied that each government should be left to meet its own obligations, and manage its own affairs, within the bounds assigned by the Constitution, and that when either, with ample powers, becomes incompetent to the task, a change of administration where the defect exists, is the only proper remedy.

IMPRESSMENT OF PRIVATE PROPERTY.

        The right of the Government of the Confederate States to make impressments of the personal property of the citizens of the respective States for public use, upon the payment of just compensation, is not questioned. Congress has passed an act regulating impressments, and defining the


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powers and duties of Confederate officers in making them. This act of Congress provides, "that the property necessary for the support of the owner and his family, and to carry on his ordinary agricultural and mechanical business," "shall not be taken or impressed for the public use." The act also provides, when the owner and the impressing officer cannot agree, for the appointment of two appraisers, one to be chosen by the owner of the property, and the other by the impressing officer, and if they disagree, that they shall choose an umpire, who shall determine upon the quantity of property necessary as aforesaid, and such decision shall be binding upon the officer and all other persons.

        The act of Congress, therefore, expressly and positively prohibits any impressing officer from taking, under any circumstances, the property necessary for the support of the owner and his family, &c. In open violation of this positive law, those professing to be officers of the Government, under appointment of one or more of its District Commissaries, have impressed the property absolutely necessary for the support of the owner and his family, and carried it off with threats of armed force if resisted, after refusing to submit the question to the decision of appraisers. They have pretended to justify these outrages by saying that they had orders from those who appointed them to take all of certain kinds of property. Such orders if given, so far from being a justification for a violation of the act of Congress, could only subject the officers issuing them, to just punishment. It is believed that large and corrupt speculations have been made by those professing to be impressment officers, and others acting in concert with them; and that many persons have made impressments who have no shadow of legal authority for so doing, but have plundered and robbed the people under pretence of such authority.

        While it is the duty of every good citizen to furnish to the government, for the support of the army, all the provision he can possibly spare, it is the imperative duty of the government to see that the people are not plundered by unprincipled speculators, or thieves, who may profess to be, or may be, Government officials.

        These impressments have been ruinous to the people of the north-eastern part of the State, where there is not, probably half a supply of provisions made for the support of the women and children. One man in fifty may have a surplus, and forty out of the fifty may not have half enough. If the impressing officer is permitted to seize and carry off the little surplus in the hands of the few, those who have not enough, have no where to look for a supply. Every pound of meat, and every bushel of grain, carried out of that part of the State, by impressing officers, must


Page 28

be replaced by the State, at public expense, or the wives and children of soldiers in the army must starve for food.

        As all efforts to procure the suppression of this system of moral robbery and plundering, in a portion of the State almost destitute of supplies, has failed, I deem it the duty of the Legislature to take the matter into its own hands and protect its own people.

        To this end, I recommend the passage of a law, making it felony, to be punished by ten years imprisonment in the penitentiary for any person, claiming to act as a Confederate officer or agent, to impress the property of any citizen of this State in violation of the act of Congress; or to refuse to allow the citizen all the rights given by the act of Congress. And if any person should profess to be an officer or agent of the government, with power to make impressments, who has not such authority, I recommend that the act make it the duty of the court to sentence such person to receive thirty-nine lashes upon his bare back, and to be imprisoned ten years in the penitentiary. I also recommend that the law be so changed as to make it felony in any commissary or quartermaster to send an officer or agent into any county in the State to make impressments until he has published the name and description of such officer with the nature of his powers, in a newspaper having a general circulation in the county, or by posting such advertisement upon the door of the court house, and at three of the most public places in the county. So much oppression and corrupt speculation, is believed to have grown out of the abuse of this power, that it will require stringent laws to arrest the evil.

INCOME TAX.

        I invite the attention of the General Assembly to the remarks of the Comptroller General in his able and very valuable report, upon the subject of the income tax; and recommend such change in the law as will in future guard against the evasions and abuses to which he refers. I think it would be wiser policy to compel each person dealing in the articles enumerated in said act to give in, on oath, the amount of capital, or credit, actually employed, and the amount of income made from 1st of April, 1863, to 1st of April, 1864, and deduct 20 per cent of the profits, made upon which no tax should be paid; and impose a tax of 25 per cent upon all balance of profits realized. This would be more equitable as between the different tax payers, and would yield a much larger amount to the Treasury than has been received for the past year.

PUBLIC PRINTING.

        On account of the great advance in the price of labour, and material, as well as provisions, the compensation fixed


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by the Code of this State for the public printing, will not enable the printers to do the work without the loss of several thousand dollars per annum. The prices were fixed at what was considered reasonable at the time the Code was prepared, but are wholly inadequate in the present condition of the country.

        As an act of justice, I recommend that the law be so changed as to allow the printers a reasonable per cent, say 25, upon the actual cost of the labour and material employed.

CORRESPONDENCE WITH THE BRITISH CONSUL.

        I beg leave to lay before the General Assembly copies of the correspondence between Mr. A. Fullarton, Her Brittanic Majesty's acting Consul, at Savannah, and myself upon the question of the liability of British subjects to do military service in defense of their domicils. Regarding this service as unquestionably due from all domicilled foreigners by the laws of nations, I can only regret that the British Consul felt it his duty to call in question the right of the State to demand it. So long as the British Government recognises no legal commerce with the Confederate States, and denies the existence of such a power, we are certainly under no obligation to extend to the subjects of that Government privileges or exemptions not provided for by the laws of nations.

SALARIES OF PUBLIC OFFICERS AND AGENTS.

        I feel it my duty, as an act of justice to the public officers and agents of this State, to recommend an increase of their salaries, in all cases where there is no constitutional prohibition.

        I am sure I need not enter into an argument to convince the Legislature that the present salaries will not support public servants and their families. The last General Assembly authorized me to increase the salaries and compensation of the officers and employees on the W. & A. R. Road fifty per cent. It will be necessary that the law be so changed, as to authorize a further increase, or the employees and workmen cannot support themselves and their families by their labour; and they will be compelled to leave the Road, and go to other Roads, where they can get better wages. In the presentstate of things, it would not be possible to supply their places with others, at the same compensation. It would certainly be very unwise to turn them off for want of a support. We should raise the freights to cover the cost and give them good wages. I must express my regret that the Constitution and law does not allow the members of the General Assembly, sufficient compensation to pay their actual expenses. I apprehend no liberal-minded citizen approves it.


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SALT SUPPLY.

        Prior to the occupation of East Tennessee by the enemy, we were succeeding well in the importation of salt. Since that time we have been unable to get any from the Virginia works. The appropriation of our trains by the order of the Board of public works of Virginia, has been a serious interruption. I have, however, through the agency of Hon. B. H. Bigham, a member of this General Assembly, laid our complaint before the Governor and Legislature of Virginia, and have great confidence that we shall receive justice and even liberality at the hands of the Government of that noble old commonwealth.

        Before our communication with the works was cut off, I had succeeded in securing a sufficient quantity to furnish every soldiers family in Georgia with a half bushel in addition to that furnished at a former distribution.

        The responsibility of receiving and distributing the salt has been placed upon Col. J. I. Whitaker, the Commissary General of the State, who has discharged it, as he has every duty, with ability, honesty, promptness and fidelity.

        The different salt companies of the State have imported large quantities, and while it is feared we shall be hard run for a supply, it is hoped there may be no suffering.

COTTON CARDS.

        For a statement of the operations of the Card Factory. I refer you to the report of its Superintendent. While we have not been so successful as we could have wished, the number made and distributed has been of great service to the people.

        The greatest difficulty has been in procuring wire. I do not consider our undertaking to make wire, in sufficient quantities, as by any means a success. But I have lately been able to get a good quantity through the blockade, and anticipate but little future difficulty in keeping up the supply.

        As the wire costs very high and has to be paid for in lots as it arrives, I ask an appropriation of $200,000 for that purpose, to be refunded to the Treasury out of the proceeds of the sale of the cards.

TREASURY CERTIFICATES FOR STATE TREASURY NOTES.

        I am informed that the State Treasury Notes have generally been laid away as investment, and that Bankers and other capitalists who hold large amounts of them, to get rid of the care of so great a bulk of paper, desire to exchange them for Treasury certificates of large amounts, binding the State to the same obligations contained in the face of the notes. I can see no objection to this, and therefore recommend the passage of an act authorizing the Treasurer to take up the State Treasury Notes when presented in sums of five thousand dollars or upwards, and give Treasury


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certificates in place of the bills, payable to bearer, upon the terms mentioned in the face of the bills. It would certainly be quite an accommodation to a person having ten thousand dollars of State Treasury Notes in five dollar bills, which he designs to hold as investment, to be permitted to return them to the Treasury and receive in place of them a certificate for ten thousand dollars. I would not recommend the issue of a certificate for a smaller sum than five thousand dollars.

        If the General Assembly should not levy a tax sufficient to carry on the operations of the government and should adhere to the policy of issuing State Treasury Notes to meet appropriations, the Treasurer might be authorized to re-issue the notes redeemed by him, and thus save the expense and labor of issuing new notes.

WESTERN AND ATLANTIC RAIL ROAD.

        The report of the Superintendent of the State Road shows that $1,650,000 has been paid into the Treasury of the State from the incomes of the Road, during the last fiscal year, and that there was due from the Confederate Government on the 30th of September, 1863, $427,586.75 as a set off against $577,864.78 due the 30th September 1862, showing the net earnings of the Road to have been nearly one and a half millions of dollars for the year.

        This would of course be subject to reasonable deduction for the wear of rolling stock and of the track, which has not been kept in as good condition as usual, on account of the impossibility of procuring supplies of material essential in making repairs.

        As a great proportion of the property transported over the road, other than government freights, belongs to speculators, I have felt it my duty to order the freights raised from time to time, so as to keep them nearly as high as the freights on other Roads. This enables the State to raise, by the use of the Road, a considerable amount of revenue, in a manner less burdensome to the people of this State, than it could be done in any other way; and to transport freights necessary for the support of the poor, without charge. And as the the price of every kind of property has increased immensely in the market, it is right that the freights for transporting it be increased in a just proportion. There is no justice in requiring the Road to transport a barrel of flour, a hogshead of sugar, or a ton of iron at the old rates, paid in currency, when either is worth in the market in the same currency ten times the old rates to the producer.

        To enable us to continue to run the Road, if the war should last for a year or two longer, it will be necessary to import, by some means, such supplies as are indispensible in making repairs. On account of the position which the


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Road occupies as a main trunk, with so many roads diverging from it at each end, the drafts made upon its rolling stock, for military use on other roads, in sudden emergencies, has been greater than upon any other Road in the Confederacy. Our rolling stock has not only been greatly injured when under military orders, but we have lost about two hundred cars and a number of valuable engines, when upon other Roads, by the interception of the enemy.

        The State Road is not singular in needing repairs. No other Road in the Confederacy called upon to make equal sacrifices of its rolling stock in the service of the country, is believed to be in better condition.

        After the death of Major John S. Rowland, its late honeest and upright Superintendent, Dr. George D. Phillips, whose high character is well known to the people of Georgia, has been appointed Superintendent of this great State work.

REORGANIZATION OF THE MILITIA AND THE HOME GUARD.

        The conscript law having been executed in the State upon persons from 18 to 45, the organized militia of the State not in Confederate service, under existing laws, is composed of the non-conscripts between those ages.

        The late call of the President upon this State for 8,000 volunteers as Home Guards, and for local defense, was addressed to those exempt from conscription. To this call, as will be seen by reference to the Report of Adjutant and Inspector General H. C. Wayne, over 18,000 men responded. These troops were organized for six months only, with the understanding that they were not to be called out and kept in the field as regular soldiers, but that they were to be mustered into the service and remain at home in the pursuit of their ordinary avocations, when not needed to repel a raid or meet an emergency. Part of them have been called out and have now been nearly two months in service; and I regret to say, that I do not see satisfactory evidence of an intention on the part of the Government, to discharge them at as early a day as our home interests imperatively require. It is now time that the corn crop were gathered and the wheat crop sowed. If we are to continue the war, we must take care of the provisions already made; and if we would have harvest next summer, we must not neglect seed time this fall. The troops are now well organized, and if permitted to go home, could, in case of emergency, return to their respective commands, on the shortest notice. We shall doubtless need Home Guards after the expiration of the six months; and it is to be feared that the effect of continuing these troops in the field longer at a time than necessity requires, will be to discourage volunteering at the end of their present term. If the Government will act in good faith with these men, there will be no difficulty in


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keeping up a sufficient Home Guard organization during the war; but if it should fail to do this, the task may be difficult, as the men who compose the organization are the indispensible productive class, and cannot spend all their time in the military field without ruin to our home interests.

        It was said by some as a justification for the adoption of the conscription policy, that the volunteer spirit was dead when that bill was passed. The very reverse, however, was true. Only a few weeks before the passage of the conscript law, the President called upon Georgia for twelve regiments of volunteers, and they responded promptly, with a large additional number. Lately he called upon the State for 8,000 troops, which is the first call made since the conscript policy was adopted; and over double the number responded. From the first day of the war till the present hour, Georgia has never failed to fill promptly every requisition made upon her for volunteers. And I think I may safely say, that if good faith is observed and their constitutional rights in the selection of their officers are respected, she never will fail to fill a requisition for her just quota as long as the war may last.

        To provide, however, for any future contingency which may occur from mismanagement or otherwise, and to maintain an organization for police purposes, I recommend the passage of an act making all white male persons between 18 and 60 years of age subject to militia duty, when not on active duty in the military service of the Confederate States, and subject to draft to fill any future requisition to be made upon the State by the Confederate States for troops; with a proviso that the State will not hold them liable to serve when their constitutional right of electing their officers is denied, and will not permit them to be punished for refusing to serve when this clear and important right is usurped and with a further proviso, exempting ministers of the gospel and the most important civil officers, both of the State and counties, whose official duties are onerous and indispensable, from all military service.

        It will also be necessary to authorize the Governor to appoint such staff officers as may in his judgment be necessary to enable him to organize troops to fill promptly any future requisitions made upon the State, or to meet other emergencies.

RIGHT TO ELECT OFFICERS.

        In this connection I earnestly invite the attention of the General Assembly to the correspondence, (copies of which are herewith forwarded) between the Secretary of War and myself, in reference to the right of Georgia's volunteer militia in the military service of the Confederacy, to elect their


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own officers. And it is proper that I here remark that since the correspondence was ended, even the right of the Home Guards to elect to fill vacancies is also denied, and the power of appointing the company officers, as well as the field officers, is claimed by the President.

        The Constitution gives Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States, reserving to the States respectively, the appointment of the officers. The right of the State to appoint the officers to command her militia or any part thereof, when employed in the service of the Confederate States, is not left to inference, but is reserved in plain, simple language, which admits of no two constructions. The State, by her constitution and laws, has provided how she will make these appointments. All militia officers are to be elected by the people subject to do military duty under them, and the officers of the volunteer militia are to be elected by the members of the volunteer organization, to be commanded by the officers when elected, and all vacancies are to be filled in the same way. In a word, the State appoints those who are elected by the persons to be commanded.

        If the militia of Georgia, or any part thereof, is now employed in the service of the Confederate States, no one can question the right of the State, as reserved in the Confederate constitution, to appoint the officers to command them, and the right of the troops, under the constitution and laws of the State, to have those elected by them, appointed or commissioned to command them, is equally unquestionable.

        By the militia of a State, I understand the framers of the constitution to have meant the arms-bearing people of the State. That they intended to use the term in this sense is evident from the fact that they speak of the militia as in existence at the time they are making the constitution, and confer power upon Congress, not to create a new militia, nor to organize that already in existence, but to provide for organizing the militia. In other words, they gave Congress power to provide for forming into militia organizations the arms-bearing people of the respective States. Had the constitution given Congress power to organize the militia without any qualifying words, it would have had power to appoint officers to command them, or to authorize the President to appoint them, as the militia cannot be organized without officers. The language used was well weighed and carefully guarded. Power was given to Congress to provide for organizing that already in existence without sufficient organization--the militia or arms-bearing people of the States. When Congress has provided for the organization, and the States have organized the militia, Congress may authorize the President to employ them in


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the service of the Confederate States, but in that case the States expressly reserve to themselves the right to appoint the officers to command them, and Congress cannot, without usurpation, exercise that power or confer it upon the President.

        The President has made repeated calls upon this State for organized bodies of her troops for Confederate service, and his requisitions have invariably been filled by the tender of militia organized and officered by the State, and they have been accepted by him with their officers as organized. In addition to this, the conscript act has been passed, which has made all persons between 18 and 45, (except those exempted by the act,) subject by compulsion, to Confederate service. This act has been executed in Georgia. In contemplation of law, every person in this State between 18 and 45, not specially exempt, is now in Confederate service; and the fact corresponds very nearly with this contemplation of law. Thus the whole organized militia of the State is now employed in the service of the Confederate States; and notwithstanding the State in such case has expressly reserved the right to appoint every officer to command them, her right to appoint a single officer to fill a single vacancy in a single company, battalion or regiment, is now denied; and it is claimed that they are all in future to be appointed, not by the State, but by the President.

        One of the reasons given for this extraordinary pretention, is that it will not do to trust the troops after they are in service, with this important right of choosing their own officers, as they would not elect officers who are faithful and who maintain discipline and do their duty. This objection would certainly apply with equal force to the first election, when a regiment or company is being organized. If the men are competent on entering the service to elect those who shall command them, why are they not equally competent to elect to fill vacancies which afterwards occur? Do experience in the military field, and intimate acquaintance with their comrades in arms, make them less competent to judge of the qualifications of those who aspire to command? The simple statement of the proposition is a sufficient expose of its falacy. At the organization of our regiments, the men elected officers on short acquaintance, as but little time was allowed them; and doubtless made some mistakes, putting in men less competent than some others left out. They have since seen them tried in service, and now know who is best qualified. But when a vacancy occurs, they are now to be confined to those who were first elected to lower positions, to fill the higher positions, to which they never chose them. And if an officer who claims promotion is set aside for incompetency by an examining board, the next in rank may step forward and claim the


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place, and is held to be entitled to it over the best man in the regiment if he is a private, though he may be the choice of every man in the command. It is only the lowest commissioned officer in the company who is taken from the ranks; and if the best and most competent man failed to get a commission at the first election, he cannot now aspire from the ranks, to a higher position than the lowest lieutenancy. This policy of filling all vacancies by promotion, not only disregards the constitutional rights of the States, but it does the grossest injustice to those who are often the most deserving of promotion, and denies to the men the valuable right of selecting their own rulers.

        If it is said the President may go out of the regular line of promotion, and reward merit in the ranks, it may be truly replied that this is seldom done; and that the men cannot look to their companions in arms, but can look only to the President for promotion. This not only concentrates all power in his hands, but subjects every man's claims to his favoritism, prejudice or caprice; and destroys independence of thought and of action, by compelling all to depend for promotion upon their capacity to flatter or their ability to please a single individual. Georgia's troops have done their duty nobly in the field, and they have a right to look to the government of their State for the protection of their rights. Many of them now claim this protection. Shall they have it?

        I recommend that this General Assembly pass a joint resolution declaratory of the reserved rights of the State, and of the constitutional right of election by her troops, and demanding of the Confederate Government the recognition of this right.

        While they took no formal action upon this particular point, your predecessors of the last General Assembly, virtually decided the question in favor of the right of the State to appoint her own officers to command her militia now in Confederate service, and determined further that the troops which the State has furnished for the field are the militia of Georgia, "employed in the service of the Confederate States," and not the armies of the Confederacy, in the sense in which the constitution uses that term.

        Several gentlemen holding commissions in command of Georgia troops in Confederate service, furnished by the State as organized by her to fill requisitions made by the President, were members of the last General Assembly. The question of their right to hold seats was raised and decided in their favor, on the express ground, as I understood from the discussions, that they were officers of the militia of this State, and not officers of the armies of the Confederacy. Indeed, it was impossible, under the oaths which the members had taken to support the constitution, for them to have


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determined that these were officers of the armies of the Confederacy, and not officers of the militia of Georgia, and still have permitted them to have their seats as members of the General Assembly. The 5th paragraph of the 1st section of the 2d article of the constitution of this State, declares that.

        "No person holding any military commission, or other appointment having any emolument or compensation annexed thereto, under this State or the Confederate States, or either of them, (except Justices of the Inferior Court, Justices of the Peace and officers of the militia,) shall have a seat in either branch of the General Assembly."

        This language of the constitution is plain, positive and unequivocal. No person holding a military commission under this State or the Confederate States, having any emolument or compensation annexed thereto, (except officers of the militia,) shall have a seat in either branch of the General Assembly. If the Georgia troops in Confederate service are not the militia of the State employed in the service of the Confederate States, then their officers are not officers of the militia. If they are part of the armies of the Confederate States, then their officers are officers of the armies of the Confederate States, and not officers of the militia of Georgia, and are, by the express language of the constitution, excluded from seats in either branch of the General Assembly. And if their officers are officers of the militia of Georgia, "employed in the service of the Confederate States," and are entitled to the constitutional privilege of having seats in the General Assembly, then the men whom they command are the militia of Georgia, "employed in the service of the Confederate States," and are equally entitled to the exercise of their constitutional right to elect officers to command them. The one right is as plain, as broad, and as valuable as the other. If the General Assembly recognizes and protects the right of the officers to have their seats, as I think it should do, I am unable to see upon what principle of justice, right or equality, it can refuse to recognize and protect the right of the privates to elect their own officers. They are coextensive and coequal rights, and he who claims the privilege to exercise the one, is obliged to admit the existence of the other, and is bound to protect it.

GEORGIA MILITARY INSTITUTE.

        This Institution is in a very flourishing condition, and is entitled to the fostering care of the legislature. Its efficiency and usefulness would be greatly promoted by the erection of additional dormitories, so as to provide for the reception of a larger number of Cadets. Numerous applicants for admission have been rejected during the past year, for want of room to accommodate them. Difficulty in procuring


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building material may however be in the way of extending the accommodations for the present. The Faculty and Cadets have responded to every call made upon them for military service, and stand ready to do their duty in every emergency.

THE STATE UNIVERSITY.

        The exercises of the University have been suspended for a time, by the patriotic response, made by the Chancellor and Faculty, to their country's call. When the soil of Georgia was invaded by a large army of the enemy, and I in compliance with the request of the President, called for volunteers to rally to the rescue, the whole faculty responded nobly and promptly, and laying aside for a time the scientific and literary pursuits in which they stand so deservedly high, they assumed the habit and garb of the soldier, and have undergone the hardships and fatigues of the camp. Rev. Dr. Mell, the Vice Chancellor, was called by his fellow soldiers to the command of a regiment, and Rev. Dr. Lipscomb, the Chancellor, preferring not to accept official position entered the ranks as a private. I have had the pleasure to visit these gentlemen with the balance of the faculty, around their camp fires with their gallant comrades in arms, and have been assured by other persons connected with the command, that every member of the faculty has discharged promptly and cheerfully every duty of the soldier.

        This does not exhibit the spirit of a people prepared for subjugation. There is indeed a moral grandeur in this conduct of the faculty of the University which is worth thousands of men to our cause. What State can exhibit more encouraging evidence of the patriotic determination of her citizens, to uphold her honor and her sovereignty at every hazard. Every Georgian should be proud of the University, and of its noble, patriotic, self-sacrificing faculty.

        I transmit herewith the annual report of the Board of Trustees of the University, by which it will be seen that not only the faculty, but a large number of the students have entered the military service in defence of our honor and our independence.

DAY OF FASTING HUMILIATION AND PRAYER.

        Believing that the present miseries of the country have overtaken us on account of the wickedness and transgressions of the people; and that the Almighty Ruler of the Universe who controls as well the Hosts of Heaven as the armies of earth, and has the power to cause wars to cease at his pleasure, will enable us to drive our enemies from our territory, and will restore peace and prosperity to the country, when our rulers and people shall have forsaken their transgressions, and have humbled their hearts in deep


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penitence before Him. And believing that it is the imperative duty of a christian people in times of national calamity and distress, to assemble together and publicly acknowledge God as their Ruler, and implore his forgiveness, through the merits of His Son, Jesus Christ: I recommend the General Assembly of this State, by Joint Resolution, to set apart Thursday, the 10th day of December next, as a day of fasting, deep humiliation and prayer; and that the Congress of the Confederate States, and the Legislatures of the different States, together with all of the people of the Confederate States, and all our armies in the field, be respectfully requested to unite with us in the religious observance of the day.

        Let it be no formal observance, but let all public and private business be suspended, and let the people assemble with the reverend Clergy, at their respective places of worship, and let us present before God a whole nation on its knees, fasting, in deep humility, and penitential confession; and it is my solemn conviction that God will hear our prayers, strike terror and dismay into the hearts of our enemies, and give such victories to our arms as will soon establish our independence, and restore peace in all our borders.

JOSEPH E. BROWN.


        On motion of Mr. Cone, five hundred copies of the Governor's Annual Message and accompanying documents, (except the Report of the Adjutant General,) was ordered to be printed for the use of the Senate.

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

        Resolved, That both branches of the General Assembly will convene in the Hall of the House of Representatives at ten o'clock to-morrow morning for the purpose of counting the vote cast in the recent election for Governor of this State and declaring the result thereof.

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

        Resolved, That all Reporters of newspapers be allowed seats on the floor of the Senate.

        On motion the Senate adjourned until 9½ o'clock to-morrow morning.

FRIDAY, NOV. 6TH, 1863.
OCLOCK, A. M.

        Senate met according to adjournment, and was opened with prayer by Rev. Dr. Ridley.

        The Hon. D. M. McRea, Senator elect from the fifteenth


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Senatorial District, appeared, and having produced his credentials was sworn by the President and took his seat.

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

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

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

        The President appointed as said committee, Messrs. Ezzard, Gaulding, and Polk.

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

        Mr. President:--I am instructed by the House to inform the Senate, that they are now ready to receive the Senate in their Hall to count out and consolidate the returns at the recent Gubernatorial election.

        On motion of Mr. West, the Senate repaired to the Representative Hall.

        The General Assembly then proceeded to count out and add the returns from the several counties of this State, and before the same was complete, the Senate repaired to their chamber, and then adjourned until 3 o'clock, P. M.

3 O'CLOCK, P. M.

        Senate met according to adjournment.

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

        Mr. President:--The House of Representatives are now ready to receive the Senate in their Hall to resume the unfinished business of the morning to-wit: The counting out and consolidating of the vote at the late Gubernatorial election.

        On motion, the Senate again repaired to the Representative Hall for the purpose of proceeding with the unfinished business of the morning.

        The General Assembly then proceeded with the unfinished business of the morning, which was to count out and add the returns of the several counties of this State, and the votes of citizens of this State in the military service of the Confederate States, and the State of Georgia; upon which it appeared that Joseph E. Brown was duly elected Governor of Georgia, for the ensuing two years, and was so declared by the presiding officer.

        On motion the President and members of the Senate then repaired to their Chamber.


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

        Resolved, That a committee of three from the Senate be appointed to meet such committee from the House as they may appoint, to wait on His Excellency the Governor, and inform him of his election, and request his acceptance.

        In accordance with the foregoing resolution the President appointed Messrs. Polk, Grice and Watkins as said committee on the part of the Senate.

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

        On motion of Mr. Gaulden, L. A. Simmons, messenger elect, and Wm. H. Roberts, Door Keeper elect, were sworn by the President.

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

        Mr. President:--The House of Representatives have concurred in the resolution of the Senate appointing a committee to wait upon His Excellency Joseph E. Brown, and notify him of his election; request his acceptance, and to know when it will be his pleasure to be inaugurated, and have appointed as such committee on the part of the House, Messrs. Moore, Reese, Gue of Chatham, Russel of Muscogee, and Anderson.

        On motion, the Senate adjourned to 9½ o'clock to-morrow morning.

SATURDAY, NOV. 7th, 1863.
OCLOCK, A. M.

        Senate met according to adjournment, and was opened with praper by Rev. Dr. Ridley.

        On motion of Mr. West the Journal of yesterday was so amended as to show the action of the General Assembly relative to the rejection of certain election returns for Governor of this State, on account of the informality of said returns.

        Leave of absence was granted Mr. Spear for a few days on account of the sickness of his family.

        Mr. Lloyd introduced a bill to incorporate the Savannah Glass Works, which was read the first time.

        Also, a bill to refund to Harriet M. R. Montmollin, administratrix on the estate of John S. Montmollin, late of Chatham county, deceased, the amount of a double tax paid by her for the year 1863, in Chatham county, which was read the first time.

        Mr. Pottle introduced a bill to amend an act entitled an act to prevent and punish the planting and cultivating in the State of Georgia, over a certain quantity of land in cotton


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during the war with the abolitionists, approved December 11th, 1862, which was read the first time.

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

        The President appointed as said committee, Messrs. Guerry, Chambers and Griffin.

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

        Resolved, That the Hon. Robert Toombs be invited to a seat on the floor of the Senate during his stay at the capital, and that a committee of three be appointed to inform him of this resolution.

        The President appointed as said committee, Messrs. Bacon, Cone and Pottle.

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

        Resolved, That the Hon. T. Butler King, the Hon. Lucius J. Gartrell, and the Hon. Martin J. Crawford be invited to a seat on the floor of the Senate during their stay at the capital, and that a committee of three be appointed to inform them of this resolution.

        The President appointed as said committee, Messrs. Groover, West, and Blackwell.

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

        Resolved, That the Hon. Joseph Henry Lumpkin be invited to a seat on the floor of the Senate, during his stay at the Capital, and that a committee of three be appointed to inform him of this resolution.

        The President appointed as said committee Messrs. Pottle, Cone and Bacon.

        Mr. Polk. Chairman of the committee appointed to notify the Governor of his election, reported that the committee had discharged their duty, and received for answer that he accepts the office and would be ready to attend in the Representative hall at twelve o'clock, Meridian, this day, to take the oath of office, prescribed by law and the Constitution of this State.

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

        Resolved, That a committee of three be appointed, to act with such committee as may be appointed on the part of the House of Representatives, to make all necessary arrangements, incident to the inauguration of the Governor.

        The President appointed as said committee, Messrs. Chambers, Cone and Guerry.

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


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        Mr. President:--The House of Representatives have concurred in the resolution of the Senate, appointing a joint committee of the two Houses to make arrangements for the inauguration of the Governor elect, and have appointed as such committee on the part of the House, Messrs. Adams, Wright, Ezzard, Wallace and Wood.

        Leave of absence was granted Mr. Grice until Tuesday morning, on special business.

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

        Resolved by the Senate, the House concurring, that the General Assembly of the State do convene in the House of Representatives this day at 12 o'clock Meridian, for the purpose of inaugurating the Governor elect.

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

        Mr. President:--I am instructed by the House of Representatives to inform the Senate that the House is now ready to receive the Senate for the purpose of inaugurating the Governor elect.

        On motion of Mr. Griffin, the President and members of the Senate repaired to the Representative Chamber, and being seated, the Governor elect, the Hon. Joseph E. Brown, was introduced by the Joint Committee, and attended by the State House Officers, and other distinguished citizens, when he addressed the General Assembly, and was inaugurated according to law, and took the oath of office.

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

        On motion the Senate adjourned until Monday morning ten o'clock.

MONDAY, NOV. 9TH, 1863.
10 O'CLOCK, A. M.

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

        Mr. Walker moved to amend the Journal of yesterday, relative to the inauguration of the Governor by the General Assembly, so as to read "and was inaugurated according to law, and took the oath of office; which was agreed to.

        Mr. Chambers offered the following resolution which was taken up; read and agreed to:

        Resolved, That a copy of the Governor's Inaugural Address be requested for publication, and that one hundred copies be printed for the use of the Senate.


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        The President appointed the following Standing Committees:

        On Banks.--Cook, Price, Griffin, West, Lloyd, Hammond, Ezzard,