Journal of the Public and Secret Proceedings
of the
Convention of the People of Georgia,
Held in Milledgeville and Savannah in 1861, Together with
the Ordinances Adopted:
Electronic Edition.
Georgia. Convention of the People
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill, 1999.
Call number 1518 Conf. 1861
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Library of Congress Subject Headings,
21st edition, 1998
LC Subject Headings:
Secession -- Georgia.
Legislation -- Georgia.
Georgia -- Politics and government -- 1861-1865.
Constitutions -- Georgia.
Constitutions -- Confederate States of America.
1999-08-30,
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JOURNAL
OF THE
PUBLIC AND SECRET PROCEEDINGS
OF THE
CONVENTION OF THE PEOPLE
OF
GEORGIA
HELD IN MILLEDGEVILLE AND SAVANNAH IN 1861.
TOGETHER WITH THE ORDINANCES ADOPTED.
PUBLISHED BY ORDER OF THE CONVENTION.
MILLEDGEVILLE, GA.:
BOUGHTON NISBET& BARNES, STATE PRINTERS .
1861.
JOURNAL OF THE CONVENTION,
HELD AT MILLEDGEVILLE IN OPEN SESSION.
MILLEDGEVILLE, GEORGIA,
WEDNESDAY, JANUARY 16, 1861.
In accordance with a proclamation issued by his Excellency,
JOSEPH E. BROWN, Governor of Georgia, bearing date
21st November, 1860, delegates from the several counties
of this State, duly elected by the people thereof, assembled
this day in the Capitol, and at the hour of half past ten
o'clock A.M., on the motion of Mr. Styles, of Ware, the Hon.
Henry L. Benning, a delegate from the county of Muscogee,
was called to the chair, and Arthur Hood, Esq., a delegate
from the county of Randolph, was appointed Secretary, for
the purpose of organization.
The Governor's proclamation convening this body was
then read, and, on motion, the Secretary proceeded to call
the counties, when the following delegates, from the counties
prefixed to their names, upon the presentation of certificates
of election, were duly enrolled as members of the Convention:
Appling--Seaborn Hall, J. H. Latimer.
Banks--W. R. Bell, S. W. Pruett.
Baker--A. H. Colquitt, C. D. Hammond.
Baldwin--A. H. Kenan, L. H. Briscoe.
Berrien--W. J. Mabry, J. C. Lamb.
Bibb--Washington Poe, John B. Lamar, E. A. Nisbet.
Carroll--B. W. Wright, B. W. Hargrave, Allen
Rowe.
Cass--W. T. Wofford, H. F. Price, T. H.
Trippe.
Catoosa--Presley Yates, J. T.
McConnell.
Charlton--F. M. Smith, H. M.
Mershon.
Chatham--F. S. Bartow, A. S. Jones, John W.
Anderson.
Chattooga--Wesley Shropshire, L.
Williams.
Cherokee--W. A. Teasley, E. E. Fields, John
McConnell.
Clark--T. R. R. Cobb, Asbury Hull, Jefferson
Jennings.
Clayton--R. E. Morrow, James F.
Johnston.
Clay--W. H. C. Davenport, B. F.
Burnett.
Clinch--Benjamin Sermons, F. G.
Ramsey.
Cobb--G. D. Rice, A. A. Winn, E. H.
Lindley.
Coffee--Rowan Pafford, J. H.
Frier.
Columbia--W. A. S. Collins, H. R. Casey, R. S.
Neal.
Colquitt--H. C. Tucker, John G.
Coleman.
Coweta--A. B. Calhoun, J. J. Pinson, W. B.
Shell.
Crawford--W. C. Cleveland, Isaac
Dennis.
Dade--S. C. Hale, R. M.
Pariss.
Dawson--Alfred Webb, R. H.
Pierce.
Decatur--Richard Simms, C. J. Munnerlyn, B. H.
Gee.
De Kalb--Charles Murphy, G. K.
Smith.
Dooly--John S. Thomas, Elijah
Butts.
Dougherty--Richard H. Clark, C. E.
Mallary.
Early--R. W. Sheffield, James
Buchanan.
Echols--Harris Tomlinson, J. B.
Prescott.
Effingham--E. W. Solomons, A. G.
Porter.
Elbert--J. C. Burch, L. H. O.
Martin.
Emanuel--A. L. Kirkland, John
Overstreet.
Fannin--W. C. Fain, E. W.
Chastain.
Fayette--M. M. Tidwell, J. L.
Blalock.
Floyd--James Ward, Simpson Fouche, F. C.
Shropshire.
Forsyth--Hardy Strickland, H. P.
Bell.
Franklin--John H. Patrick, Samuel
Knox.
Fulton--J. F. Alexander, L. J. Glenn, J. P. Logan. Page 5
Glasscock--Joshua F. Usry, Calvin
Logue.
Gilmer--Joseph Pickett, W. P.
Milton.
Gordon--W. H. Dabney, James Freeman, R. M.
Young.
Greene--N. M. Crawford, R. J. Willis. T. N.
Poullain.
Gwinnett--R. D. Winn, J. P. Simmons, T. P.
Hudson.
Habersham--R. C. Ketchum, Singleton
Sisk.
Hall--E. M. Johnson, P. M. Byrd, Davis
Whelchel.
Hancock--Linton Stephens, B. T. Harris, T. M.
Turner.
Haralson--W. J. Head, A. R.
Walton.
Harris--D. P. Hill, W. J. Hudson, H. D.
Williams.
Hart--R. S. Hill, J. E. Skelton.
Heard--R.
P. Wood, C. W. Mabry.
Henry--F. E. Manson, E. B. Arnold, J. H.
Low
Houston--J. M. Giles, D. F. Gunn,
B.W. Brown.
Irwin--M. Henderson, Jacob
Young.
Jackson--J. J. McCulloch, J. G. Pitman, D. R.
Lyle.
Jasper--Aris Newton, Reuben Jordan,
Jr.
Jefferson--H. V. Johnson, George
Stapleton.
Johnson--William Hust, J. R.
Smith.
Jones--James M. Gray, P. T.
Pitts.
Laurens--Nathan Tucker, J. W. Yopp.
Lee--W. B.
Richardson, Goode Bryan.
Liberty--W. B. Fleming, S. M.
Varnadoe.
Lowndes--C. H. M. Howell, Isaiah
Tilman.
Lumpkin--Benjamin Hamilton, William
Martin.
Madison--J. S. Gholston, A. C.
Daniel.
Macon--W. H. Robinson, J. H.
Carson.
Marion--W. M. Brown, J. M.
Harvey.
McIntosh--J. M. Harris, G. W. M.
Williams.
Meriwether--H. R. Harris, W. D. Martin, Hiram
Warner
Miller--W. J. Cheshier, C. L.
Whitehead.
Milton--Jackson Graham, J. C.
Street.
Mitchell--William T. Cox, Jesse
Reed.
Monroe--R.L. Roddey, Hiriam Phinizy, jr., J. T. Stephens.
Montgomery--T. M.
McRae, S. H. Latimer.
Morgan--Thomas P. Saffold, Augustus
Reese.
Murray--Anderson Farnsworth, Euclid
Waterhouse.
Muscogee--J. N. Ramsey, Henry L. Benning, A. S.
Rutherford.
Page 6
Newton--W. S. Montgomery, Alexander Means, Purmedus
Reynolds.
Oglethorpe--D. D. Johnson, Samuel Glenn, Willis
Willingham.
Paulding--Henry Lester, J. Y.
Algood.
Pickens--James Simmons, W. T. Day.
Pierce--E.
D. Hendry, J. W. Stephens.
Pike--R. B. Gardner, G. M.
McDowell.
Polk--W. E. West, T. W.
Dupree.
Pulaski--T.J. McGriff, C. M.
Bozeman.
Putnam--R. T. Davis, D. R.
Adams.
Quitman--E. C. Ellington, L. P.
Dozier.
Rabun--Samuel Beck, H. W.
Cannon.
Randolph--Marcellus Douglas, Arthur
Hood.
Richmond--George W. Crawford, J. Phinizy, Sr., J. P.
Garvin.
Schley--H. L. French, W. A.
Black.
Scriven--C. Humphries, J. L.
Singleton.
Spalding--W. G. Dewberry, Henry
Moor.
Stewart--James A. Fort, James Hilliard, G. Y.
Banks.
Sumter--W. A. Hawkins, T. M. Furlow, Henry
Davenport.
Talbot--W. R. Neal, W. B. Marshall, L. B.
Smith.
Taliaferro--Alexander H. Stephens, S. H.
Perkins.
Tatnall--Benjamin Brewton, Henry
Strickland.
Taylor--W. J. F. Mitchell, H. H.
Long.
Telfair--H. McLean, James
Williamson.
Terrell--William Harrington, D. A.
Cochran.
Thomas--A. H. Hansell. S. B. Spencer, W. G.
Ponder.
Towns--John Corn, Elijah Kimsey.
Troup--B. H.
Hill, W. P. Beasley, J. M. Beall.
Twiggs--John Fitzpatrick, S.
L. Richardson.
Union--J. H. Huggins, J. P.
Welborn.
Upson--P. W. Alexander, T. S. Sherman.
Walker--G. G. Gordon, R. B.
Dickerson, T. A. Sharpe.
Walton--George Spence, Willis Kilgore,
H. D. McDaniel.
Ware--W. A. McDonald, C. W.
Styles.
Warren--M. D. Cody, N. A.
Wicker.
Wayne--Henry R. Fort, H. A.
Cannon.
Washington--E. S. Langmade, Lewis Bullard, A. C. Harris.
Page 7
Webster--P.F. Brown, M. H. Bush.
White--Isaac Bowen,
E. F. Starr.
Whitfield--J. M. Jackson, F. A. Thomas, Dickerson
Taliaferro.
Wilcox--D. A. McLeod, Smith
Turner.
Wilkes--Robert Toombs, J. J. Robertson.
Wilkinson--N. A. Carswell, R. J. Cochran.
Worth--R. G. Ford, Sr., T.T. Mounger.
The official returns of the election of delegates from the
counties of Chattahoochee, Glynn, and Lincoln, not having
been received at the Executive Department, certificates of
election could not be procured by the delegates from those
counties, whereupon,
On motion of Mr. Stephens, of Taliaferro, it was unanimously
resolved that the delegates elected from those counties
do enrol their names, and participate in the action of
the Convention.
Those counties are therefore represented as follows:
From the county of Glynn, John L. Harris, and H. B.
Troup.
From the county of Lincoln, La Fayette Lamar, and C.
R. Strother.
From the county of Chattahoochee, A. H. Flewellen, and
William Davis.
By direction of the Chairman, the roll was called, and it
being ascertained that a quorum was present, the Chairman
stated it had been suggested to him, that, before proceeding
further, it would be appropriate, by prayer, to seek
the blessings of God upon the deliberations of this Convention;
in which suggestion he most heartily concurred.
Whereupon, by request, the Reverend Mr. Williamson, a
delegate from the county of Telfair, in an impressive and
fervent manner, performed that duty.
Mr. Kenan then moved that the Convention proceed to
the election of a President--pending which,
On motion of Hull, George W. Crawford, a delegate from
the county of Richmond, was chosen President by acclamation.
On motion, Messrs. Hull, Stephens, of Taliaferro, and
Kenan, were appointed a committee to notify the President
of his election, to request his acceptance, and conduct him
to the chair.
The President on taking the chair, addressed the Convention,
and tendered his acknowledgements for the honor conferred
upon him.
The Convention then proceeded to the election of a Secretary,
which, on the third ballot, resulted in the election
of Albert R. Lamar, of the county of Muscogee.
On motion of Mr. Wright, by acclamation, Jesse Oslin,
of the county of Cobb, was appointed Messenger, and William
Atkins, of Oglethorpe county, Door Keeper.
On motion of Mr. Fouche, the following committed was
appointed by the President to report upon Rules to govern
the deliberations of this Convention, to wit:
Messrs. Fouche,
Hill, of Troup,
Clarke.
Mr. Fleming offered the following resolution:
Resolved, That a committee of three be appointed by the
President to wait upon the Commissioners of South Carolina
and Alabama, now in this city, to ascertain when it
will be convenient for them to address this Convention, and
also, to invite them to take seats with this body.
The resolution was adopted, and the President appointed
Messrs Fleming, Rice, and Trippe that committee.
On motion of Mr. Cobb, the following committee was
appointed by the President to make arrangements with the
Reverend Clergy of this city and vicinity, so that the services
of some one of them may be secured to open with
prayer the deliberations of the Convention on each day of
its session, to wit:
Messrs. Cobb,
Varnadoe,
Briscoe.
On motion of Mr. Bartow, it was unanimously resolved,
that one of the standing rules of this Convention shall be
the suppression of all applause or other noisy demonstration
during, or following the remarks of any delegate.
The Convention then adjourned till ten o'clock to-morrow
morning.
THURSDAY MORNING, JANUARY, 17, 1861.
The Convention met pursuant to adjournment; after
prayer by the Rev. Mr. Evans, the roll was called, and a
quorum being present, the journal of yesterday was read,
when the President announced that communications from
South Carolina and Alabama, were before him, which, on
motion of Mr. Stephens, of Taliaferro, were read, and on
motion of Mr. Toombs were ordered to be printed for the
use of the Convention.
A communication was also received from the Mayor of
Atlanta, by the President, in which, by a resolution of the
Mayor and Council of that city, this Convention was requested
to appoint Atlanta as the place of holding the Convention
for the purpose of forming a Southern Confederacy.
On motion of Mr. Anderson, the communication was laid
on the table for the present.
Mr. Fleming, from the committee to wait on the Commissioners
from South Carolina and Alabama accredited to
this Convention, reported that the committee had disharged
that duty, and that the Hon. James L. Orr, the Commissioner
from South Carolina, and the Hon. John G. Shorter,
the Commissioner from Alabama, had accepted the invitation
of, and would address the Convention at any hour it
would suggest.
Whereupon, on motion of Mr. Stephens of Taliaferro, the
committee was directed to inform said Commissioners, that the
Convention would be ready to receive and hear them at
the hour of 12 M. of this day.
Mr. Fouche, from the committee on rules for the government
of the Convention in its deliberations, reported the
following, to-wit:
RULES OF THE CONVENTION, FOR 1861.
1st. The President having taking the Chair, a quorum being
present, (to ascertain which the President may order
the roll to be called which shall otherwise be omitted,) the
Journal of the preceding day shall be read; immediately,
after which, it shall be in the power of any member to move
for a reconsideration of any matter therein contained, (provided
such member, at the time of reading such matter,
shall notify the Convention of his intention to move such
reconsideration,) except such matter as has been heretofore
reconsidered.
2d. Every ordinance or resolution having been lost or
passed, and again reconsidered, shall, immediately thereafter
by the Secretary of the Convention, be placed on file in the
standing order, and be taken up accordingly, and take
precedence from the time of reconsideration only unless otherwise
directed by the Convention.
3d. No member shall speak to another, or otherwise
interrupt the business of the Convention, while the journal or
public papers is reading, or when any member is speaking in
debate.
4th. When any member is about to speak, or deliever any
matter in the Convention, he shall rise from his seat and
address himself to the Chair; he shall confine himself to the
question under consideration, and at all times avoid personality.
5th. No member shall speak more than twice in any
one debate, on the same day, without leave of the Convention.
6th. When two members rise to speak, the first that rises
shall be first in order, which shall be determined by the
President.
7th. No motion shall be put or debated until the same be
seconded.
8th. When a motion is made and seconded. it shall be
reduceed to writing, when required by the President or any
member, delivered in at the table, and read, before the same
shall be debated.
9th. When a question is before the Convention, no motion
shall be received, but to adjourn; to lie on the table, to
postpone indefinitely; to postpone to a day certain; to commit
or amend; which several motions shall have precedence
in the order they stand here arranged. The motion for adjournment
shall always be in order, and decided without debate;
but the motion for adjournment a second time shall
be out of order, until the question before the Convention is
first disposed of.
10th. The previous question being moved and seconded
by a majority, the question from the Chair shall be: "Shall
the main question now be put ?" and if the yeas prevail the
question shall then be put.
11th. If a question in debate contains several points, any
member may have the same divided.
12th. When the yeas and nays are called by two members,
each member called upon shall (unless excused) declare
openly and without debate, his yea or nay to the question,
and upon the call of the House, the members shall be
taken by their names in alphabetical order; and no member
shall be allowed to change his vote after the same has
been pronounced by the Chair, unless by consent of the
Convention.
13th. When a member wishes to introduce a resolution
or ordinance, he shall rise from his seat, address the Chair,
read the caption, and on leave report the resolution or ordinance
instanter; and these reports, in point of order, shall
hold the place of reports from committees. But all resolutions
expressing the opinion of the Convention, shall lie at
least one day on the table, unless otherwise ordered by a
majority of the Convention.
14th. No ordinance shall be committed until it shall have
been twice read, after which it may be referred to a Committee.
15th. When a member is called to order, he shall take
his seat until the President shall have determined whether
he is in order or not; every question of order shall be decided
by the President without debate; but if there is a
doubt in his mind, he shall call for the sense of the Convention.
16th. If a member be called to order for words spoken,
the exceptionable words shall be immediately taken down
in writing, that the President may be better enabled to judge
of the matter.
17th. When a blank is to be filled, and different sums and
different days are proposed, the question shall be taken on
the highest sum and most distant day first.
18th. All petitions shall be numbered as they are received,
and taken up and decided on in the same order as they
were received.
19th. No member shall absent himself from the service
of the Convention, without leave first obtained; and in case
a less number than a quorum of the Convention shall convene,
they are hereby authorized to send any person or persons
by them authorized, for any and all absent members,
as a majority of such members present shall agree, at the
expense of such absent members respectively, unless such
excuse for non-attendance shall be made as the Convention
when a quorum is convened, shall judge sufficient.
20th. No member shall leave his seat after adjournment,
until the President shall have left the room.
21st. When any communication is received from the
Governor, it shall be in order to take it up as soon as the
matter then under consideration is disposed of.
22d. The unfinished business in which the Convention was
engaged at the last preceding adjournment, shall have the
preference in the order of the day, and no motion or any
other business shall be received until the former is disposed
of. And the Secretary shall preserve the unfinished business
at the close of the present Session, subject to the order
of the Convention at the next Session.
23d. No standing rule of the Convention shall be altered
without one day's notice being given, expressing the intended
alteration; nor shall any rule of the Convention be dispensed
with, except by a vote of two-thirds of the members
present.
24th. The Secretary, Assistant Secretary, and Engrossing
and Enrolling Clerks shall be sworn, or affirmed, before the
presiding officer of the Convention, to discharge their respective
duties faithfully, and to the best of their skill and
ability; of which oath or affirmation, an entry shall be made
in the Journals before they enter upon the discharge of
their duties.
25th. The President may at any time call a member of
the Convention to the Chair, to preside over its deliberations
for that day's session, and no longer.
26th. All ordinance read a second time and referred to the
Committee of the Whole, shall, unless otherwise ordered by
the Convention, be taken up as reports of the Committee.
The report was received and adopted, and 500 copies ordered
to be printed, under the supervision of the committee.
The President then proceeded to admininister the oath
required by the 24th rule, to the Secretary.
On motion of Mr. Strother, of Lincoln, the following resolution
was adopted:
Resolved, That the President of this Convention be authorized
to direct seats to be provided on this floor for reporters
and other representatives of Southern presses, as
far as may be practicable during open session.
On motion of Mr. Glenn, of Fulton, it was
Resolved, That the Secretary of this Convention, be authorized
to appoint an assistant Secretary, and a Recording Clerk.
Whereupon, The Secretary appointed Jno. H. Steele of Fulton
county, assistant Secretary, and J. M. Patton of Bibb
county. Recording Clerk; to each of whom the oath required
by the 24th rule, was administered by the President.
On motion of Mr. Bartow, it was
Resolved, That His Excellency, Governor Brown, and ex-Governor
Howell Cobb, be invited to take seats upon the
floor:
And, on motion of Mr. Kenan, the same privilege was extended
to the Judges of the Supreme Court, and the Judges
of the Superior Courts of this State.
Mr. Styles offered the to following resolution:
Resolved, That Messrs. Boughton, Nisbet& Barnes be appointed
Printers to this Convention.
Mr. Reynolds moved to amend, so that the printing should
be given to both the printing establishments of this city.
And Mr. Johnston moved further to amend the resolution
by inserting the words, "provided the work shall be done
at the same rates at which the public printing is now done."
Mr. Styles accepted both amendments, and the resolution
as amended, was unanimously adopted.
Mr. Fouche offered the following resolution, which was
taken up, read, and adopted:
Resolved, That His Excellency, the Governor, be requested
to communicate to this Convention, all information in his
possession, which may, in his opinion, be calculated to facilitate
its deliberations and action; and,also, to furnish to the
Convention, if in his power to do so, a copy of the ordinance
by which Georgia became a member of the Union.
The hour of 12 M. having arrived, Mr. Fleming, from the
committee appointed for that purpose, introduced to the
Convention, the Hon. James L. Orr, the Commissioner from
South Carolina, and the Hon. John G. Shorter, the Commissioner
from Alabama.
The President welcomed the Commissioners, and stated
that the Convention was then ready to hear what they
should be pleased to communicate:
Whereupon, The Hon. James L. Orr, and the Hon. John
G. Shorter, both addressed the Convention, explaining the
objects of their mission to this State.
After which, on motion of Mr. Stephens, of Taliaferro,
the Convention adjourned till ten o'clock to-morrow morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
The roll was called, and a quorum being present the
journal was read.
Mr. Hull then introduced the following resolution:
Resolved, That the sessions of this Convention shall be
with closed doors--admitting no one but the members and
officers of the Convention, and those gentlemen who have
been invited to seats on the floor, except when otherwise
specially ordered by the Convention.
Mr. Clarke moved to amend by inserting the words,
"excepting the door of the gallery," upon which a debate
ensued, when Mr. Kenan called for the previous question,
which being seconded, the amendment was cut off, and the
resolution was adopted.
The doors were then closed, when Mr. Nisbet offered the
following resolutions, which were taken up and read:
Resolved, That in the opinion of this Convention, it is
the right and duty of Georgia to secede from the present
Union, and to co-operate with such of the other States as
have or shall do the same, for the purpose of forming a
Southern Confederacy upon the basis of the Constitution
of the United States.
Resolved, That a committee of--be appointed by
the Chair to report an ordinance to assert the right, and
fulfill the obligation of the State of Georgia to secede from
the Union.
He then moved to take up the first resolution.
Whereupon Mr. Johnson, of Jefferson, offered the following
preamble and Ordinance, as a substitute for Mr. Nisbet's,
and moved the reference of both to a committee of twenty-
one:
"The State of Georgia is attached to the Union, and desires
to preserve it, if it can be done consistent with her
rights and safety; but existing circumstances admonish
her of danger: that danger arises from the assaults that
are made upon the institution of domestic slavery, and is
common to all the Southern States. From time to time,
within the last forty years, Congress has attempted to pass
laws in violation of our rights, and dangerous to our welfare
and safety; but they have been restrained by the
united opposition of the South and the true men of the
North, and thus far the country has prospered, and the
South has felt comparatively secure. Recently, however,
events have assumed a more threatening aspect, several
of the non-slaveholding States refuse to surrender fugitive
slaves, and have passed laws the most oppressive to hinder,
obstruct and prevent it, in palpable violation of their
constitutional obligations. The Executive Department of the
government is about to pass into the hands of a sectional,
political party, pledged to principles and a policy which
we regard as repugnant to the Constitution. These considerations,
of themselves, beget a feeling of insecurity
which could not fail to alarm a people jealous of their
rights. By the regular course of events, the South is in
a minority in the Federal Congress, and the future presents
no hope of a restoration of the equilibrium between the
sections, in either house thereof. Hence the Southern
States are in iminent peril, being in the power of a majority,
reckless of constitutional obligations, and pledged to
principles leading to our destruction. This peril is greatly
augmented by the recent secession of South Carolina,
Florida, Alabama and Mississippi from the Union, by which
the Southern States are deprived of the benefit of their
co-operation, and left in a still more hopeless minority in
the Federal Congress. Therefore, whilst the State of Georgia
will not and cannot, compatibly with her safety, abide
permanently in the Union, without new and ample security
for future safety, still she is not disposed to sever her connection
with it precipitately, nor without respectful consultation
with her Southern Confederates. She invokes the
aid of their counsel and co-operation, to secure our rights,
in the Union, if possible, or to protect them out of the
Union if necessary. Therefore,
First. Be it ordained by the State of Georgia in sovereign Convention
assembled, That Delaware, Maryland, Virginia, Kentucky,
North Carolina, Louisiana, Texas, Arkansas, Tennessee
and Missouri, be, and they are hereby respectfully
invited to meet with this State by delegates in a Congress,
at Atlanta, Georgia, on the 16th of February, 1861, to
take into consideration the whole subject of their relations
to the Federal Government, and to devise such a course of
action as their interest, equality and safety may require.
Section second. Be it further ordained, &c., That the independent
Republics of South Carolina, Florida, Alabama
and Mississippi, be, and they are hereby cordially invited to
send Commissioners to said Congress.
Section third. Be it further ordained, That inasmuch as
Georgia is resolved not to abide permanently in this Union
without satisfactory guarantees of future security, the following
propositions are respectfully suggested for the consideration
of her Southern Confederates as the substance of
what she regards indispensable amendments to the Constitution
of the United States, to-wit:
1. That Congress shall have no power to abolish or prohibit
slavery in the territories or any place under their
exclusive jurisdiction.
2. Each State shall be bound to surrender fugitive slaves,
and if any fugitive slave shall be forcibly taken or enticed
from the possession of any officer legally charged therewith
for the purpose of rendition, the United States shall
pay the owner the value of such slave, and the county in
which such rescue or enticement may occur, shall be liable
to the United States for the amount so paid to be recovered
by suit in the Federal Courts.
3. It shall be a penal offence definable by Congress and
punishable in the Federal Courts for any person to rescue
or entice, or to encourage, aid or assist others to rescue or
entice any fugitive slave from any officer legally charged
with the custody thereof, for the purpose of rendition.
4. Whatever is recognized as property by the Constitution
of the United States shall be held to be property in the
Territories of the United States, and in all places over
which Congress has exclusive jurisdiction, and all kinds of
property shall be entitled to like and equal protection therein
by the several departments of the general government.
5. New States formed out of territory now belonging to
the United States, or which may be hereafter acquired, shall
be admitted into the Union with or without slavery as the
people thereof may determine at the time of admission.
6. Congress shall have no power to prohibit or interfere
with the slave trade between the States, nor to prohibit
citizens of the United States passing through, or temporarily
sojourning in the District of Columbia from having
with them their slaves, and carrying them away, but it
shall be the duty of Congress to provide by law for the
punishment of all persons who may interfere with this
right in the same way as is provided for in the foregoing
third proposition.
7. No State shall pass any law to prohibit the citizens of
any other State travelling, or temporarily sojourning therein,
from carrying their slaves and returning with them; and
it shall be a penal offence, definable by Congress, and punishable
by the Federal Courts, for any person to entice away,
or harbor, or attempt to entice away or harbor, the slave or
slaves of such citizen so travelling, or temporarily sojourning.
8. The obligation to surrender fugitives from justice as
provided for under the Constitution of the United States
extends, and shall be held to extend as well to fugitives
charged with offences connected with or committed against
slavery or slave property as to any other class of offences,
and for the purposes of this proposition, whatever is defined
to be a criminal offence in one State shall be deemed
and held a criminal offence in every other State.
9. The Supreme Court having decided that negroes are
not citizens of the United States, no person of African
descent shall be permitted to vote for Federal Officers, nor
to hold any office or appointment under the government of
the United States.
Section fourth. Be it further ordained, &c., That refraining
from any formal demand upon those slaveholding States
which have passed them, of the repeal of the personal
liberty and other acts, in any wise militating against the
rendition of fugitive slaves, or fugitives from justice, yet
the State of Georgia hereby announces her unalterable determination
not to remain permanently in confederation
with those States, unless they shall purge their statute
books of all such acts.
Section fifth. Be it further ordained, &c., That if, between
now and the time of final action upon the question of her
continuance in the Union, the general government should
attempt to coerce any one of the States that have recently
withdrawn, or shall hereafter withdraw therefrom, the State
of Georgia will make common cause with such States, and
hereby pledges all her resources for their protection and
defence.
Section sixth. Be it further ordained, &c., That the State
of Georgia will continue to hold, until her final decision
in the premises, the possession of Fort Pulaski, and all
other Federal property within her borders, which have been
seized under the direction and authority of His Excellency
the Governor of this State.
Section seventh. Be it further ordained, &c., That a
Commissioner be appointed by this Convention to each of
the slaveholding States, now members of the Federal
Union, to inform them of the action of Georgia, and to
urge their conformity to the policy herein indicated, and
that in response to the request of Alabama, this Convention
will also appoint a Commissioner to the Convention,
which she has invited at Montgomery on the 4th of February
next, who is hereby instructed to urge upon that Convention
so to shape their action as to conform to, and co-operate
with, that of the proposed Congress at Atlanta, on
the 16th day of the same month.
Section eighth. Be it further ordained, &c., That if all
effort fail to secure the rights of the State of Georgia in
the Union, and she is reluctantly compelled to resume her
separate independence, she will promptly and cordially
unite with the other Southern States similarly situated, in
the formation of a Southern Confederacy upon the basis of
the present Constitution of the United States.
Section ninth. Be it further ordained, That this Convention
will adjourn, to meet again on the twenty-fifth day of
February next, to take such action in the premises as may
be required by the proceedings of the Congress at Atlanta,
and the development of intervening events, keeping steadfastly
in view the rights, equality and safety of Georgia,
and her unalterable determination to maintain them at all
hazards, and to the last extremity.
After an elaborate discussion, in which Messrs. Nisbet,
Johnson, of Jefferson, Cobb, Stephens of Taliaferro,
Toombs, Means, Reese, Hill, of Troup, and Bartow, participated,
a call was made for the "previous question" which
being sustained under the ruling of the Chair, cut off the
motion to commit, and a vote on the substitute, and brought
the Convention to a direct vote on the first of the original
resolutions of Mr. Nisbet. Whereupon the yeas and nays
were demanded, which being called resulted as follows:
(the President voting in the affirmative) yeas 166, nays 130.
Mr. Nisbet then moved to fill the blank in the second
resolution with the word "seventeen," which agreed to, and
on his motion that resolution was adopted.
The President then announced the following as the
"Committee of seventeen" under said resolution, to-wit:
The following message having been received from His
Excellency the Governor, through Mr. Waters, his Secretary,
was taken up and read:
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, January 18, 1861.
To the Convention:
In response to the resolution delivered to me by your
Secretary on yesterday, I have the honor to state that I
have no official information in my possession, of a character
not generally made public, which could, in my opinion,
facilitate the deliberations and actions of the Convention.
The original ordinance by which this State ratified the
Constitution of the United States, has not, it seems, been
preserved. I find a printed copy of it, however, in a supplement
to the Journal of the Federal Constitution, from
which the copy is taken which is herewith transmitted.
Though not strictly in response to the call made upon
me, I take the liberty to lay before the Convention an original
letter from the Governor of the State of New York,
accompanied by certain joint resolutions passed by the
Legislature of that State, on the eleventh day of this
month, which were received at this Department by the
mail of yesterday.
JOSEPH E. BROWN.
The following is a copy of the communication referred
to by His Excellency, Gov. Brown, and also of the resolutions:
STATE OF NEW YORK.
EXECUTIVE DEPARTMENT,
ALBANY, January 11, 1861.
Sir:
In obedience to the request of the Legislature of this
State, I transmit herewith a copy of the concurrent resolutions
of that body, adopted this day, tendering the aid of
the State to the President of the United States, to enable
him to enforce the Laws, and to uphold the authority of
the Federal Government.
I have the honor to be,
Your Excellency's Obd't Servt,
EDWIN D. MORGAN.
His Excellency, JOSEPH E. BROWN,
Governor of the State of Georgia, Milledgeville.
Concurrent Resolutions tendering aid to the President of the
United States in support of the Constitution and the Union.
STATE OF NEW YORK.
IN ASSEMBLY, January 11, 1861.
WHEREAS, Treason as defined by the Constitution of the
United States, exists in one or more of the States of this
Confederacy, and
WHEREAS, The insurgent State of South Carolina, after
seizing the Post-Office, Custom House, Moneys and Fortifications
of the Federal Government, has, by firing into a
vessel ordered by the Government to convey troops and
provisions to Fort Sumter, virtually declared war; and
whereas, the forts and property of the United States
Government in Georgia, Alabama and Louisiana, have been
unlawfully seized with hostile intentions; and whereas,
further, Senators in Congress avow and maintain their
treasonable acts; therefore
Resolved, (If the Senate concur,) That the Legislature of
New York, profoundly impressed with the value of the
Union, and determined to preserve it unimpaired, hail with
joy the recent firm, dignified and patriotic Special Message
of the President of the United States, and that we tender
to him, through the Chief Magistrate of our own State,
whatever aid in men and money he may require to enable
him to enforce the laws, and uphold the authority of the
Federal Government. And that in defense of"the more
perfect Union," which has conferred prosperity and happiness
upon the American people, renewing the pledge given
and redeemed by our Fathers, we are ready to devote "our
fortunes, our lives, and our sacred honor" in upholding the
Union and the Constitution.
Resolved, (If the Senate concur,) That the Union-loving
Representatives and citizens of Delaware, Maryland, Virginia,
North Carolina, Kentucky, Missouri and Tennessee,
who labor with devoted courage and patriotism to withhold
their States from the vortex of Secession, are entitled
to the gratitude and admiration of the whole people.
Resolved, (If the Senate concur,) That the Governor be
respectfully requested to forward, forthwith, copies of the
foregoing resolutions to the President of the Nation, and
the Governors of all the States of the Union.
The preceding Preamble and Resolutions were duly
passed.
By order. H. A. RISLEY, Clerk.
In Senate, January 11, 1861. The preceding Preamble
and Resolutions were duly passed.
By order. JAMES TERWILLIGER, Clerk.
Mr. Toombs offered the following resolution, which was
taken up, read and adopted:
Resolved, Unanimously, in response to the resolutions of
New York, referred to in the Governor's Message, that
this Convention highly approves the energetic and patriotic
conduct of Governor Brown in taking possession of Fort
Pulaski by Georgia troops, and requests him to hold possession
until the relations of Georgia with the Federal Government
be determined by this Convention: and that a
copy of this resolution be transmitted to the Governor of
New York.
Mr. Bartow offered the following resolution:
Resolved, That the President do appoint the following
"Standing Committees" for the Convention, each to consist
of thirteen members:
1st. A Committee on relations with the slaveholding
States of North-America.
2d. A Committee on Foreign Relations.
3d. A Committee on Commercial Relations, and Postal
Arrangements.
4th. A Committee on Military Affairs.
5th. A Committee on the Constitution of this State,
and the Constitution and Laws of the United States.
Mr. Martin introduced the following resolution:
Resolved, That the Governor be requested to furnish this
Convention with a statement of the result of the election
of delegates for this Convention, specifying the whole number
of votes polled in each county, and the number received
by each candidate.
On motion the Convention then adjourned till 10 o'clock
to-morrow morning.
SATURDAY, JANUARY 19, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Willes.
A quorum being present, the journal of yesterday was
read.
On motion, Mr. Harris, of Meriwether, and Mr. Strother,
of Lincoln, got leave to record their votes upon the resolutions
of Mr. Nisbet adopted on yesterday, they having been
absent when the vote was taken, on account of sickness.
Mr. Clarke moved to reconsider the resolution adopted on
yesterday to close the doors of the hall during the sessions
of this Convention, in order to amend the same by inserting
the words "excepting the door of the gallery."
The motion to reconsider was lost.
Mr. Varnadoe offered the following resolution:
Resolved, That the reporters allowed seats on this floor
by resolution on the second day of its session be permitted
to hold seats in the gallery during the sessions with closed
doors.
The resolution was taken up and lost.
Mr. Martin moved to take up the resolution offered by
him on yesterday, calling upon the Governor for information
concerning the number of votes given by the people
at the election for delegates to this Convention.
The resolution was taken up.
Mr. Hood moved the indefinite postponement of the same.
On motion of Mr. Stephens, of Taliaferro, the Door
Keeper was directed to employ an assistant.
Mr. Nisbet, from the committee appointed to report an
Ordinance to assert the right and fulfil the obligation of the
State of Georgia to secede from the Union, reported the
following:
AN ORDINANCE
To dissolve the Union between the State of Georgia and
other States united with her under a compact of Government
entitled "the Constitution of the United States
of America."
We, the people of the State of Georgia, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained:
That the ordinance adopted by the people of the State
of Georgia in Convention on the second day of January in
the year of our Lord seventeen hundred and eighty-eight,
whereby the Constitution of the United States of America
was assented to, ratified and adopted; and also all acts and
parts of acts of the General Assembly of this State ratifying
and adopting amendments of the said Constitution, are
hereby repealed, rescinded and abrogated.
We do further declare and ordain, That the Union now subsisting
between the State of Georgia and other States,
under the name of the, "United States of America," is
hereby dissolved, and that the State of Georgia is in the
full possession and exercise of all those rights of sovereignty
which belong and appertain to a free and independent State.
The report was taken up, and, on motion of Mr. Toombs,
the ordinance was twice read.
Mr. Hill, of Troup, moved that the preamble and resolutions
offered by Mr. Johnson, of Jefferson, on yesterday,
as a substitute for the resolutions adopted by the Convention
raising the committee to report an ordinance to assert
the right and fulfil the obligation of the State of Georgia
to secede from the Union, be received as a substitute for
the same.
Mr. Nisbet moved that the Ordinance be put upon its
passage.
Whereupon Mr. Simmons. of Gwinnett, offered the following
amendment:
"Provided that this ordinance shall go into effect on the
third day of March next."
Mr. Hood moved the previous question, which being
seconded, the question came up on the passage of the ordinance,
when the yeas and nays were demanded.
There are yeas 208; nays 89--the President voting in the
affirmative--to wit:
Whereupon the President said that it was his privilege
and pleasure to declare that the State of Georgia was free,
sovereign, and independent.
Mr. Beall, of Troup offered the following resolution:
Resolved, That the Secretary of the Convention prepare
parchment upon which to enrol the ordinance of secession
for the signature of the members of the Convention, and
that the same be deposited among the archives of the State
of Georgia.
Mr. Nisbet offered the following as a substitute for the
foregoing:
Resolved, That the ordinance of secession be engrossed,
under the direction of a committee of three to be appointed
by the chair, upon parchment, and reported to the Convention
for signature at 12 o'clock on Monday next, and when
signed that it be deposited in the archives of the State.
Resolved, That the committee appointed by the above
resolution be, and they are hereby instructed to invite his
Excellency the Governor, the Commissioners from South
Carolina and Alabama, and the Judges of the Supreme
Court, who may be in attendance, to be present at the
signing of the ordinance.
The substitute was received and adopted.
The chair announced the following as the committee under
the foregoing resolution, to wit:
Messrs. Beall of Troup,
Varnadoe of Liberty,
Hawkins of Sumter.
On motion of Mr. Bartow, the resolution offered by him
Page 40
on yesterday for the appointment of standing committees,
was taken up and agreed to.
Mr. Bartow offered the following resolution, which was
taken up and read:
Resolved, That until otherwise ordered by this Convention,
the Collectors of Customs and Postmasters within this
State, shall continue to discharge the duties of their offices,
in accordance with the regulations heretofore governing
them.
Mr. Nisbet moved to amend the same by inserting after
the word "Postmasters" the words "and all civil Federal
officers."
The amendment was adopted, and the resolution as amended
was passed.
Mr. Alexander of Upson, offered the following resolutions,
which were read:
Resolved, as the sense of this Convention, That the people of
Georgia would be willing that the Federal Union, now
broken and dissolved, should be reconstructed whenever the
same can be done upon a basis that would secure, permanently
and unequivocally, the full measure of the rights
and equality of the people of the slaveholding States.
Resolved, That we recommend to any Convention that
may be held by the slaveholding States, the consideration
of the policy indicated by the foregoing resolution, and that
said Convention, in the event that it concurs in the same,
should consider and declare the terms and conditions upon
which such reconstruction may be had.
Resolved, That the President of this Convention cause a
copy of these resolutions to be forwarded to any Convention
that may be held by the slaveholding States.
Leave of absence was granted to Messrs. Strother of Lincoln,
and Banks of Stewart, on account of sickness.
On motion of Mr. Hood, the Convention adjourned till
ten o'clock Monday morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present, the journal was read.
Mr. Simms, of Decatur, moved to reconsider so much of
the journal of yesterday, as relates to the passage of the
resolution, offered by Mr. Bartow, in order to strike out the
amendment thereto, concerning "Civil Federal Officers."
The motion did not prevail.
On motion of Mr. Harris of Meriwether, Mr. Martin a delegate
from the same county, was permitted to record his
vote on each of the propositions offered by Messrs. Nisbet
and Johnson, of Jefferson, to the Convention--that delegate
having been prevented from voting on the same by indisposition.
Mr. Martin, therefore, voted in the affirmative for the
substitute offered by Mr. Johnson of Jefferson, and in the
negative on the resolutions offered by Mr. Nisbet, and in
the affirmative on the adoption of the ordinance of secession.
Mr. Fleming laid on the table the following ordinance,
which was read.
AN ORDINANCE
To prescribe the mode in which the acts, records and judicial
proceedings in each of the States lately composing the
Union, known as the United States of America, and the
records and exemplifications of office books, which are or
may be kept in any public office of any such State, not
pertaining to a Court, shall be authenticated so as to
take effect in the State of Georgia.
The people of Georgia in Convention assembled, do ordain and
declare, and it is hereby ordained and declared as follows, to-wit:
1st. That until further legislation by the General Assembly,
the records and judicial proceedings of the Courts of
any of the States lately composing the Union, known as the
United States of America, shall be proved or admitted in
any of the Courts within the State of Georgia, by the attestation
of the Clerk, and the seal of the Court annexed, if
there be a seal, together with the certificate of the Judge,
Chief Justice, or presiding Magistrate, as the case may be,
that the attestation is in due form. And the said records
and judicial proceedings authenticated as aforesaid, shall
have such faith and credit given to them in any Court of
the State of Georgia, as they have law or usage in the
Courts of the State, from which the said records are or shall
be taken.
SEC. 2. That until further legislation, all records and
exemplifications of office books, which are, or may be kept in
any State of such Union, not appertaining to a Court, shall
be proved or admitted in any other Court or office in this
State, by the attestation of the keeper of said records or
books, with the seal of his office thereto annexed, if there be
a seal, together with the certificate of the presiding Justice
of the Court of the county or district, as the case may be,
in which such office is or may be kept, or of the Governor,
Secretary of State, Chancellor or keeper of the great seal of
the State, that the said attestation is in due form and by the
proper officer. And the said certificate if given by the presiding
Justice of a Court, shall be further authenticated by
the Clerk or protonotary of the said Court, who shall certify
under his hand and the seal of his office, that the said presiding
Justice is duly commissioned and qualified, or if the
said certificate be given by the Governor, the Secretary of
State, or keeper of the great seal, it shall be under the great
seal of the State in which such certificate is made. And the
said records and exemplifications authenticated as aforesaid,
shall have such faith and credit given to them within this
State, as they have law or usage in the Courts or office of
the State whence the same are or shall be taken.
SEC. 3. That until such further legislation, the provisions
of this ordinance shall apply to the public acts, records,
office books, judicial proceedings, Courts and offices of the
respective territories, lately of said Union, and countries
lately subject to the jurisdiction thereof.
Mr. Cochran of Wilkinson, laid on the table the following
preamble and resolutions which were read.
"The aggressions of the people of the Northern States, of
the Republic of the United States of America, upon the
constitutional rights of the State of Georgia, having been
deemed by the people of Georgia sufficient cause to impel
her in the maintainance of her rights and honor, to withdraw
her connection with the Federal Union, and to resume
her sovereignty and independence, justice to herself requires
that she should demand her proportional part of the public
property, and intending to preserve untarnished, her honor,
in the discharge of every moral obligation, and in good faith
to the creditors of the General Government, contracted with
while Georgia was a member thereof, urge her to a guarantee
of the payment of her pro rata part of the public debt of
the United States, existing at the time of the act of secession
of this State from the Union.
Be it therefore resolved, That Georgia will demand, and enforce
her rights, to her proportion of the public property,
held by the General Government at the time of the dissolution
of the partnership.
Resolved further, That Georgia will assume and guarantee
the payment of her pro rata part of the public debt of the
United States, existing at the time of her secession from the
Union.
Resolved further, That the foregoing resolutions be
communicated to the Governor, with the request that he lay
them before the Legislature upon its re-assembling, with
the recommendation of this Convention that the Legislature
take such action as may be necessary to carry the same into
effect.
Resolved further, That this Convention of the people of
Georgia, respectfully call the attention of our sister seceding
States to this subject, and ask their co-operation in the policy,
and that the Governor of Georgia be requested to communicate
the same to the respective Governor's thereof."
Mr. Varnadoe offered the following ordinance which was
read:
"Whereas, many of the citizens of Georgia hold office in
the Army or Navy of the United States, who impelled by
patriotic impulses, will resign and return to their native
State:
Therefore, The people of Georgia, in Convention, do hereby
ordain, that such shall be allowed the same rank and
grade in the Army and Navy of the Commonwealth of Georgia,
with the same pay and emoluments, which they receive
in the Army or Navy of the United States."
Mr. Johnson, of Clayton, offered the following resolutions
which were taken up, and read:
"Resolved, That the Hon. T. L. Guerry, President of the
Senate, and the Hon. C. J. Williams, Speaker of the House
of Representatives be, and they are hereby invited to seats
on the floor of this Convention.
And be it further resolved, That the gallery be opened from
day to day, unless otherwise ordered by the President, for
the reception of the ladies, and that this Convention
respectfully invite them to seats in the same."
Mr. Cannon, of Wayne, moved to strike out the word
"ladies," in the last resolution, which was carried.
Mr. Styles moved to insert "reporters," pending the
consideration of which, Mr. Hill, of Troup, moved to strike out
all after the word "President," which was carried.
Mr. Briscoe moved to divide the resolutions, which motion
prevailed.
Whereupon, the first resolution was adopted.
The second resolution as amended, was then put upon its
passage, when
Mr. Styles moved to insert, "and that Reporters be invited
to seats upon the floor."
Mr. Cannon, of Wayne, moved to amend by limiting the
number of reporters to "ten," which motion prevailed.
The amendment of Mr. Styles, as amended did not prevail.
On the question being put, the second resolution in the
following form was adopted, to-wit:
And be it further resolved, That the gallery be opened from
day to day, unless otherwise ordered by the President.
Mr. Nisbet, offered the following preamble and resolution
which were taken up and read:
"Whereas, the lack of unanimity in the action of this Convention,
in passage of the Ordinance of Secession, indicates
a difference of opinion amongst the members of the
Convention, not so much as the rights which Georgia
claims, or the wrongs of which she complains, as to the
remedy and its application before a resort to other means
of redress:
And whereas, it is desirable to give expression to that intention
which really exists among all the members of this
Convention, to sustain the State in the course of action
which she has pronounced to be proper for the occasion,
therefore:
Resolved, That all members of this Convention, including
those who voted against the said ordinance, as well as those
who voted for it, will sign the same as a pledge of unanimous
determination of this Convention to sustain and defend
the State, in this her chosen remedy, with all its responsibilities
and consequences, without regard to individual
approval or disapproval of its adoption."
Mr. Nisbet then moved their adoption, which motion
prevailed.
Mr. Shropshire, of Floyd, laid upon the table the following
resolution, which was read:
"Whereas, it is now, more than ever before, the duty of
Georgia, to husband all her resources, and whereas, an
economical administration of the Government, will greatly
tend to the accomplishment of this object.
Therefore be it resolved, That a committee of,-- be appointed,
whose duty it shall be to inquire into the power
of this Convention, to reduce the number of Senators and
Representatives in the General Assembly of Georgia, and if
the power to do so, exists in this body, to report an ordinance
or such other measure as will effect this purpose, and
on such basis as they may think best.
Mr. Beall, of Troup, from the committee to prepare the
Ordinance of Secession for the signatures of the delegates,
reported that the committee had discharged that duty, and
that the ordinance was engrossed upon parchment, and was
subject to the disposition of the Convention.
Mr. Cobb offered the following resolutions, which were
read:
Resolved, That the committee on foreign affairs (when appointed),
be requested to nominate to this Convention for
its ratification, the names of two proper persons to represent
the State of Georgia, as Commissioners to the Conventions
of the people of the States of Lousiana and Texas respectively.
Resolved further, That the same committee be requested
to consider and report upon the propriety of requesting
those slave-holding States, which shall not have seceded by
the fourth day of February next, to appoint Commissioners
to represent such States, at the Congress of the seceding
States, to be held at Montgomery on that day.
Hethen moved to take up and adopt the first resolution.
Which motion prevailed.
Mr. Martin moved to take up his resolution, directing
that the Ordinance of Secession be published by proclamation
of the Governor, and submitted to the people of this
State for ratification by the 20th of February next, &c.
The motion to take up prevailed.
He then moved that the resolution be adopted.
The motion was lost.
Mr. Chastain laid on the table the following resolution,
which was read:
Resolved, That this Convention in behalf of the Republic
of Georgia, assume the payment of debts to become due
carriers of mails from and after the passage of the Ordinance
of Secession.
The President, at 12 o'clock M. announced to the Convention,
that the hour had arrived for signing the Ordinance
of Secession, and having first placed his signature thereto,
the Secretary was directed to "call the counties," when
the delegates proceeded to affix their signatures to the
same.
Mr. Nisbet then moved that the committee to prepare the
Ordinance of Secession for the signatures of the delegates,
now cause the great seal of the State to be attached thereto.
The motion prevailed.
Mr. Hilliard offered the following resolution, which was
taken up, read, and adopted.
Resolved, That the President of this Convention, cause a
certified copy of the ordinance just signed, to be sent to our
Senators and Representatives in the Congress of the United
States; and also a similar copy to the President of the United
States; and a similar copy to the Governor of each of
the States lately composing the United States of America.
The President announced the following "Standing Committees,"
to-wit:
Committee on the Relations with the Slave-holding States
of North America:
Committee on the Constitution of the State, and Constitution
and Laws of the United States:
Messrs. Cobb,
Clarke.
Stephens of Hancock,
Ramsey of Muscogee,
Crawford of Green,
Hill of Troup,
Glenn of Fulton,
Reese,
Trippe,
Fouche,
Kenan,
Rice,
Lamar of Lincoln,
Leave of absence was granted to Mr. Styles of Ware, on
account of important business, and to Mr. Usry on account
of sickness in his family.
On motion of Mr. Chastain, the Convention then adjourned
till 10 o'clock to-morrow morning.
TUESDAY, JANUARY 22, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Adams.
A quorum being present, the journal of yesterday was
read.
Mr. Varnadoe's resolution, relative to officers in the
Army and Navy of the United States, (citizens of Georgia
who will resign and return to their native State) was taken
up and referred to the Committee on Military Affairs.
Mr. Alexander's (of Upson) resolutions relative to a
reconstruction of the late "Federal Union" was taken up, and
referred to the Committee on Foreign Relations.
The Ordinance laid upon the table on yesterday, introduced
by Mr. Fleming, "to prescribe the mode in which the
acts, records, and judicial proceedings in each of the States
lately composing the Union known as the 'United States of
America,'"and for other purposes, was taken up and referred
to the Committee on the Constitution of the State, and
the Constitution and Laws of the United States.
The resolution of Mr. Shropshire of Floyd, to appoint a
Committee whose duty it shall be to inquire into the power
of this Convention to reduce the number of Senators and
Representatives in the General Assembly, and if so, to report
an Ordinance thereon, was taken up.
On motion, the blank in the resolution was filled with
the word "sixteen."
The resolution was then adopted.
The second of a series of resolutions introduced by Mr.
Cobb on yesterday, requesting the Committee on Foreign
Relations, to consider and report upon the propriety of
requesting those slaveholding States which shall not have
seceded by the 4th day of February next, to appoint
Commissioners to represent said States at the Congress of the
seceding States to be held at Montgomery on that day, was
taken up and referred to that Committee.
Mr. Varnadoe's resolution relative to the employment of
small armed steamers to ply along the sea-coast, to prevent
depredations of piratical or marauding parties, was taken
up and referred to the Committee on Military Affairs.
Mr. Chastain's resolution relative to the assumption of
debts to become due to carriers of mails from and after the
passage of the Ordinance of secession, was taken up and
referred to the Committee on Commercial and Postal
Arrangements.
Mr. Simmons of Gwinnett, laid on the table the following
quasi protest, which was taken up, read, and ordered to be
spread upon the journal:
"We, the
undersigned delegates to the Convention of the
State of Georgia, now in session, while we most solemnly
protest against the action of the majority in adopting an
Ordinance for the immediate and separate secession of this
State, and would have preferred the policy of co-operation
with our Southern sister States, yet as good citizens, we
yield to the will of a majority of her people as expressed
by their representatives, and we hereby pledge "our lives,
our fortunes, and our sacred honor," to the defence of
Georgia, if necessary, against hostile invasion from any
source whatever.
Milledgeville, Ga., January 22d, 1861.
JAMES P. SIMMONS, of Gwinnett,
THOMAS M. McRAE, of Montgomery,
F. H. LATIMER, of Montogomery,
DAVIS WHELCHEL, of Hall,
P. M. BYRD, of Hall,
JAMES SIMMONS, of Pickens."
Mr. Garvin offered the following Ordinance, which was
taken up, read, and referred to the Committee on the
Constitution of the State, and the Constitution and Laws of
the United States, to-wit:
AN ORDINANCE:
"The people of Georgia in Convention assembled, do
hereby ordain that all white persons residing within the
limits of this State at the date of the Ordinance of secestion, are hereby constituted citizens of the State, without
regard to place of birth, or length of residence."
Mr. Bartow laid upon the table a communication from
the Post Master at Savannah, which on his motion, was
taken up, read, and on motion of Mr. Chastain, was referred
to the Committee on Commercial and Postal Arrangements.
Mr. Styles of Ware, offered the following resolution,
which on his motion, was referred to the Committee on
the Constitution of the State, and the Constitution and
laws of the United States:
Resolved, That it be referred to the Committee on the
Constitution to enquire and report on the expediency of
appointing forthwith a council to consist of citizens of this
State, to act with the Governor of the State as his counsellors
and advisers, and to be called "a Council of Safety."
Mr. Cobb, from the Committee on the Constitution of
the State, and the Constitution and Laws of the United
States, reported the following Ordinance:
AN ORDINANCE
To provide for the execution of sentences passed by the
Courts of the United States within the limits of the State
of Georgia; and for the execution of process issued by
the same Courts, and to preserve indictments:
The people of Georgia, through their Delegates in Convention
assembled do hereby declare and ordain, That all
persons now confined in the Penitentiary of this State, under
sentence upon conviction for crime, by any Court of
the late United States, for the Districts of Georgia, shall
continue in such imprisonment until the full execution of
such sentences shall have been accomplished in the same
manner as if the Ordinance of Secession had not been
passed.
And it is further declared and ordained by the authority aforesaid,
That all persons now arrested or confined in the jails
of this State, under process from the said Courts of the
late United States shall not be released or discharged by
reason of the said Ordinance, but shall continue under the
said arrest or imprisonment until discharged by due process
of law. And all persons who shall have heretofore given bail
to answer to any warrant or other process from said Courts,
shall not be released from the obligation of such bonds, but
shall be (with their sureties) bound to appear and answer
to such Courts of this State, as may be directed by this
Convention.
And be it further ordained and declared, That all indictments
heretofore found true in the said Courts, and not
hitherto disposed of, shall continue in full force and virtue
until heard and determined by the Courts to which
jurisdiction thereof may be transferred. And all process
or warrant, or other criminal proceeding issuing out of, or
returnable to the said Courts, shall lose no virtue by reason
of the said act of secession, but shall be returnable to, and
executed in the name of the Court to which jurisdiction
may be given by this Convention.
The report was taken up, and the Ordinance read twice
and passed.
From the same Committee, Mr. Cobb also reported the
following Ordinance, which was taken up and read:
AN ORDINANCE
To declare, and continue in force in this State, sundry laws
of the late United States of America, in reference to the
African slave trade.
The people of Georgia, in Convention assembled, do hereby
declare and ordain, That all the laws passed by the Congress
of the late United States of America, and in force in
this State prior to the 19th day of January, 1861, except
the fifth section of the act of 10th May, 1800, be, and the
same is hereby declared to be in full force in this State;
Provided, the same shall not be construed to extend to the
importation of negro slaves from any one of the slaveholding
States of the late United States of America, or from
either of the Independent Republics of South Carolina,
Alabama, Florida, or Mississippi.
Be it further ordained and declared, That the Governor
of Georgia shall discharge all the duties required by said
laws of the President of the United States, and the Attorney
or Solicitor General of the Judicial District where the
case arises, shall discharge all the duties required of the
District Attorney, and the Sheriff of the county all the
duties required of the Marshal.
Be it further ordained, That the State of Georgia shall be
substituted for the United States, in every portion of said
laws where the substitution is required by the present independent
condition of said State.
On motion of Mr. Hansell, the Ordinance was made the
special order of the day to-morrow, and 500 copies of the
same were ordered to be printed.
Mr. Toombs, from the Committee on Foreign Relations
made the following report:
"That the Committee, in accordance with the resolution
adopted on yesterday, have nominated W. J. Vason, Esq.,
of Richmond county, as the Commissioner from Georgia to
the State of Louisiana, and General J. W. A. Sanford, of
Baldwin county, as the Commissioner from Georgia to the
State of Texas."
The report was taken up and the nominations ratified.
Whereupon the President was requested to issue commissions
to said Commissioners.
Mr. Carswell offered the following resolution, which was
taken up and adopted:
Resolved, That a Committee of five on Printing, be
appointed by the President; also, a Committee of five on
Enrolling, and a Committee of five on Accounts.
Whereupon the President announced as the Committee
on Printing:
Messrs. Munnerlyn,
Hammond,
Harris of Hancock,
Price,
Porter.
Committee on Enrollment:
Messrs. Fort of Wayne,
Briscoe,
Moor of Spalding,
Furlow,
Johnson of Hall,
Committee on Accounts:
Messrs. Carswell,
Adams of Putnam,
McDonald,
Gresham,
McConnell of Catoosa.
On motion of Mr. Anderson, the Convention then adjourned
till 10 o'clock, to-morrow morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
A quorum being present, the Journal of yesterday was
read.
The President then announced the following as the Committee
of sixteen, under the Resolution adopted on yesterday
to inquire into the power of this Convention to reduce
the number of Senators and Representatives in the General
Assembly of Georgia, and if so, to report an Ordinance for
the same, to-wit:
Messrs. Shropshire of Floyd,
Dabney,
Varnadoe,
Spencer,
Ramsey of Muscogee,
Mallary,
Bailey,
Phinizy of Monroe,
Beall of Troup,
Smith of DeKalb,
Knox,
Simmons of Gwinnett,
Reynolds,
Turner of Hancock,
Garvin,
Gresham.
Mr. Toombs, from the Committee on Foreign Relations,
reported that said Committee have had under consideration
the subject of a Congress of the States, which have withdrawn
from the government of the United States of America,
proposed to be held at Montgomery, in the State of
Alabama, on the 4th day of February next, and recommend
the adoption of the following Resolutions, which were
taken up and read:
Resolved, That this Convention will to-morrow at 12
o'clock elect ten Delegates, to represent the State of Georgia
in said Congress, with such powers as the Convention
may hereafter confer upon them, and that a majority of
all the votes cast shall be necessary to a choice; Provided,
That two Delegates shall be chosen for the State at large,
and one from each Congressional District in this State.
2nd, Resolved, That the Committee on Foreign Relations
do prepare instructions for said Representatives, to be submitted
to this Convention.
The first Resolution was then put upon its passage, when
Mr. Stephens of Hancock moved to strike out the word
"to-morrow," and insert "to-day."
The motion was lost and the Resolution was then adopted.
On motion of Mr. Toombs, the second Resolution was
also adopted.
Mr. Toombs, from the same Committee, also reported
the following Resolutions, which were taken up, read and
adopted:
1st, Resolved, That this Convention cordially unite in
the invitation extended by the Convention of the Republic
of Alabama, to those of the slaveholding States which
may not have withdrawn from the government of the
United States of America by that time, to send Commissioners
to represent them at a Congress of the States which
have withdrawn, to be held at Montgomery, Alabama, on
the 4th day of February next.
2nd, Be it further Resolved, That the President of this
Convention do send a certified copy of this Resolution to
the Governors of the States of Delaware, Maryland, Virginia,
North Carolina, Kentucky, Tennessee, Missouri,
Arkansas, Louisiana, and Texas, with the request that they
lay them before the Legislatures or Conventions of their
respective States.
Mr. Warner laid upon the table the following Ordinance,
which was taken up, read, and referred to the Committee
on the Constitution of the State, and the Constitution and
Laws of the United States.
Be it Ordained, by the People of Georgia, in Convention assembled,
That the following words shall be added to the
5th Section of the 4th Article of the Constitution of the
State of Georgia, to-wit: "And that no Law, or Ordinance,
shall be passed, impairing the obligation of contracts, nor
shall private property be taken for public use without just
compensation."
Be it further Ordained, by the authority aforesaid, That
the following sections shall be added to the Constitution
of the State of Georgia, and become part thereof,
to-wit: "Full faith and credit shall be given in this State
to the public acts, records, and judicial proceedings of any
other State, heretofore known and recognized as the United
States of America, and shall be received in evidence in the
Courts in this State, under the same rules and regulations
as prescribed by the Acts of Congress of the late United
States, passed the 26th day of May, 1790, and the 27th
March, 1804."
Be it further Ordained, by the authority aforesaid, That all
judgments, sentences, and decrees, heretofore made and
rendered by the Federal Courts within the State of Georgia,
shall remain operative, and in full force, as well as all
laws heretofore enacted by the said Federal Congress which
may be beneficial and applicable to the wants, interests,
and present condition, of the people of Georgia, until
otherwise altered or repealed by the General Assembly of
this State.
Mr. Hill, of Troup, laid upon the table the following
Ordinance, which was taken up, read, and on his motion
referred to the Committee having matter germain to the
subjects before them:
AN ORDINANCE
To continue in force the Laws, and to preserve the order,
peace, and conveniences of the people of Georgia, until
otherwise provided:
Whereas, The State of Georgia has seceded from the
Federal Union; and whereas, we deem the right, and
therefore desire the act, of secession, to be peaceable, and
said act shall be peaceable unless otherwise ordered by the
Federal Government:
Therefore, be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained by the authority of
the same:
SECTION 1st. That until otherwise provided, all laws and
regulations of the Government of the United States, not
inconsistent with the Ordinance of secession, and which
are applicable to the condition and wants of the people of
this State, and necessary to preserve undisturbed the rights
of non-residents acquired and vested prior to the passage
of the Ordinance of secession, be, and the same are hereby
continued in full force, and of binding obligation, upon
the authorities and people of the State of Georgia.
SEC. 2nd. Be it further Ordained, by the authority aforesaid,
That collectors of customs, and all other officers connected
with the revenue service, and all other officers connected
with the Post Office Department in this State, and all mail
carriers, mail contractors, and mail agents, be, and they
are hereby allowed to continue to perform their functions
of office in this State under the laws, and accountable
to the government of the United States, as heretofore.
SEC. 3rd. Be it further Ordained, That the Courts and
officers thereof of the United States within the State of
Georgia, be, and they are hereby authorized to continue
in the discharge of their respective duties until otherwise
provided by this Convention, or the Convention of the
seceding States.
SEC. 4th. Be it further Ordained, by the authority aforesaid,
That until otherwise ordered, the State of Georgia will,
in good faith, observe and keep all treaties and contract
obligations made and entered into by the General Government
while Georgia was a member thereof, as far as the same
are applicable to, or require duties of, the State of Georgia.
Mr. Benning, from the Committee on the Relations with
the slaveholding States of North America, made the
following
REPORT:
"That they have had under consideration the subject of
sending Commissioners to the slaveholding States, and have
instructed him to report the following Resolution, and do
recommend its adoption by the Convention:
"Resolved, That this Convention appoint a Commissioner
from the State of Georgia to each of the States of Delaware,
Maryland, Virginia, Tennessee, North Carolina,
Kentucky, Missouri, and Arkansas, to present to the Legislatures
or Conventions, or in the event neither shall be in
session, to the Governor of those States, the Ordinance
of Secession of Georgia, and to invite the co-operation with
her and other Seceding States, in the formation of a
Southern Confederacy."
The report was taken up and read.
Mr. Benning, from the same Committee, made the following
REPORT:
"That they have had the subject of the inter-State Slave
Trade under consideration, and they have instructed him
to report the following Ordinance, and recommend its
adoption, to-wit:
AN ORDINANCE
In relation to the inter-State Slave Trade.
Be it Ordained by the People of Georgia, in Convention assembled,
and it is hereby Ordained by the authority of the
same,
That all laws relating to the inter-State Slave Trade,
which were in force at the time of the passage of the
Ordinance of Secession, shall be deemed and held to be still
in force.
The Report and Ordinance were taken up and read.
SPECIAL ORDER.
The special order of the day, which was the Ordinance
to declare in force in this State sundry laws of the late
United States of America, in reference to the African
Slave Trade, was taken up.
Mr. Cobb moved to recommitt the same to the Committee
on the Constitution of the State and the Constitution and
Laws of the United States.
Which motion prevailed.
Mr. Cobb, from said Committee, then reported back the
Ordinance with the following amendments:
To the first section, by adding to the exception, the
following:
"And also so much of the Act of 10th May, 1820, as declares
the offenses therein specified to be Piracy, and in lieu of the
penalty of death therein specified, there shall be substituted
imprisonment in the Penitentiary for a term of years
not less than five, nor exceeding twenty, in the discretion
of the Court."
And also by adding to the first section the following
words:
"Provided, further, The slaves so introduced from the
slaveholding States of North America shall not have been
imported from beyond sea into such State since the 20th
day of December, 1860."
The amendments were received, and the Ordinance, as
amended, having been twice read, was unanimously
adopted:
Mr. Cobb, from the Committee on the Constitution of
the State and the Constitution and Laws of the United
States, reported the following Ordinance, which was read,
and 500 copies of the same ordered to be printed:
AN ORDINANCE
To resume jurisdiction over those places within the limits
of Georgia, over which jurisdiction has been heretofore
ceded to the late United States of America--and to
provide for compensation to the said United States for the
improvements erected thereon.
The People of Georgia, in Convention assembled, do hereby
declare and Ordain,
That the cessions heretofore made by the General Assembly
of this State, granting jurisdiction to the late
United States of America over specified portions of the
territory within the present limits of the State of Georgia
Page 61
be, and the same are hereby revoked and withdrawn, and
that full jurisdiction and sovereignty over the same are
hereby resumed by the said State.
Be it further Ordained, That the buildings, machinery,
fortifications, or other improvements, erected on the land
so heretofore ceded to the said United States, or other property
found therein, shall be held by this State. subject to
be accounted for in any future adjustment of the claims
between this State and the said United States.
Mr. Johnson, of Clayton, offered the following resolution,
which was read:
"Resolved, That twenty-five thousand copies of the ordinance
of secession be printed for the use of the Convention,
together with the delegates names and county which
they represent, in their order as appears on the parchment;
also, the names of those delegates and the counties they
represent who refused to sign the ordinance."
Mr. Johnson, of Clayton, moved to take up the resolution,
which motion did not prevail.
Leave of absence was granted to Mr. Burnett of Clay,
on accoun
