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 account sickness.
Mr. Styles offered the following resolution, which was
read, taken up and adopted:
"Resolved, That the State Treasurer be instructed to
make advances of mileage and per diem pay to delegates, of
the amount due."
On motion of Mr. Hill, of Harris, the Convention then
adjourned till ten o'clock to-morrow morning.
THURSDAY, JANUARY, 24, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
On motion of Mr. Cochran of Wilkinson, his preamble and
resolutions, relative to the payment of Georgia's pro rata
part of the public debt of the late United States, and to demand
her proportionate part of the public property, was
taken up, read, and referred to the "Committee on Foreign
Relations."
Mr. Hill, of Troup, moved to add Mr. Cochran, to the
"Committee on Foreign Relations."
Which motion prevailed.
On motion of Mr. Cannon, of Wayne, leave of absence
was granted to Mr. Bozeman, of Pulaski, on account of
indisposition; and on motion of Mr. Cobb, leave of absence
was granted to Mr. Winn, of Gwinnett, on account of
sickness in his family.
Mr. Anderson, from the "Committee on Commercial and
Postal Arrangements," reported the following ordinance,
which was read, and on motion of Mr. Shropshire, of Floyd,
300 copies were ordered to be printed.
AN ORDINANCE
To make Provisional Postal Arrangements in Georgia.
Whereas, it is desirable that there should be no disturbance
in the present postal arrangements in this and other
States.
Therefore, be it ordained, and it is hereby ordained and
declared by the people of Georgia, in Convention assembled,
That the existing postal contracts and arrangements shall
be continued, and the persons,charged with the duties thereof,
shall continue to discharge said duties until a postal
treaty shall be concluded, or until otherwise directed.
Be it further ordained by the authority aforesaid, That in
case the Government of the United States, or its officers or
agents, shall fail or refuse to execute said contracts, or carry
on said arrangements, it shall be the duty of the Governor
of this State, to make all contracts and appoint all officers,
which may be necessary to keep sufficient mail facilties to
meet the wants of the people of Georgia, until otherwise
ordered by the proper authorities.
The resolution accompanying the report of Mr. Benning
from the Committee on the Relations with the Slave-holding
States of North America, relative to the appointment of a
Commissioner to each of the States of Delaware, Maryland,
Virginia, Tennessee, North Carolina, Kentucky, Missouri,
and Arkansas, was taken up, read, and adopted.
The report of Mr. Benning, from the same committee,
being an ordinance in relation to the enter-State slave trade,
was taken up and read; and having been twice read was
adopted.
Mr. Alexander, of Upson, offered the following resolution,
which taken up, read, and agreed to:
Resolved, That a committee of five be appointed by the
President of this Convention, to examine the Great Seal of
the State of Georgia, and report whether any, and what,
changes in the same have been rendered necessary by the
withdrawal of this State from the late Federal Union.
The following is the committee announced by the President.
under the foregoing resolution:
Messrs. Alexander, of Upson,
Logan,
Glover,
Glenn, of Oglethorpe,
Phinizy, of Richmond.
On motion of Mr. Burch, leave of absence was granted to
Mr. Phinizy, of Richmond, from Friday till Monday next.
On motion of Mr. Bartow, the door of the gallery was
closed, and the Convention went into secret session.
After which the door was opened, and in accordance with
the resolution of Mr. Toombs, adopted on yesterday, the
hour of 12 o'clock M. having arrived, the Convention
proceeded to elect ten delegates to represent the State of
Georgia, in the proposed Congress to be held at Montgomery, in
the State of Alabama, on the 4th of February next, to-wit:
two from the State at large, and one from each Congressional
District in the State.
The result of which, was that ROBERT TOOMBS, of the
county of Wilkes, and HOWELL COBB, of the county of Clarke,
were duly elected for the State at large, and the following
named persons for the several districts affixed to their names
to-wit:
FRANCIS S. BARTOW, for the 1st Congressional District.
MARTIN J. CRAWFORD, for the 2d. Congressional District
EUGENIUS A. NISBET, for the 3d. Congressional District
BENJAMIN H. HILL, for the 4th. Congressional District
AUGUSTUS R. WRIGHT, for the 5th. Congressional District
THOMAS R. R. COBB, for the 6th. Congressional District
AUGUSTUS H. KENAN, for the 7th. Congressional District
ALEXANDER H. STEPHENS. for the 8th. Congressional District
Leave of absence was granted to Mr. Dennis for a few
days; also to Messrs. McDonald, of Ware, Gray, Jordan,
Briggs, and Mitchell.
Mr. Singleton laid upon the table the following ordinance,
which was referred to the Committee on Military Affairs:
AN ORDINANCE
To organize a mounted military police in each of the
several counties of this State, and for other purposes.
Whereas, war may be one of the consequences of secession,
and whereas, the recent outrage upon the State of Virginia,
admonishes us that in the event of such war, attempts
will be made to incite our slaves to insurrection, and whereas,
the vicious and unprincipled, during the absence of many
of the true men from their respective counties in the defence
of the State, may be disposed to seize upon such opportunity,
to commit wrongs and outrages upon the then defenceless
wives and children of the absent, as well as upon other
good people of the State for remedy thereof:
SECTION 1st. Be it ordained by this Convention of the people
of the State of Georgia assembled, and it is hereby ordained by the
authority of the same,
That it shall be the duty of his Excellency the Governor,
to accept the services of one Company, consisting of not
more than fifty nor less than fifteen mounted men, from each
of the several counties of this State, to act as a mounted
military police for their several counties, as hereinafter
declared.
SEC. 2d. And be it further ordained, That each of said
companies shall be like officered as other Cavalry companies,
and commissions shall be issued to their officers by the
Governor, commissioning them as officers of the Mounted
Military Police, of their respective counties.
SEC. 3d. And be it further ordained, That said mounted
military police, shall constitute a distinct and independent
arm of the military of the State, not subject to the orders
of any officer of any army having authority in this State, nor
of any officer of militia thereof.
SEC. 4th. And be it further ordained, That his Excellency
the Governor, shall furnish to this mounted military police
from time to time, such arms as he may deem appropriate
to their peculiar service, and as can be spared for that purpose.
SEC. 5th. And be it further ordained, That the head-quarters
of each of said companies, shall be at the county sites
of their respective counties whenever they shall be regularly
mustered into service.
SEC. 6th. And be it further ordained, That a majority of
the Justices of the Inferior Court of each county, shall have
power to call into actual service, the said police of their
respective counties, and to discharge them whenever the
said Justices may deem proper, subject however to be again
called into service by said Justices; and said Justices are
hereby further empowered to pass orders from time to time
requiring the commanding officer of their said company, to
either increase or dimish the rank and file of his company to
any number within the limits heretofore prescribed.
SEC. 7th. And be it further ordained, That when any company
of the mounted military police, shall be mustered into
service, it shall be the duty of the officer in command of the
same, to at all times retain at least one-fourth of his command
at his head-quarters, unless from good and sufficient
reasons, to be judged of by him, he shall order them
temporarily to occupy some other position, or to the
performance of some other duty. He shall also cause the entire
county to be patroled by detachments of his command, under
charge of proper officers.
SEC. 8th. And be it further ordained, That the pay, rations
and allowances of the mounted military police while on active
duty, and only while on such duty shall be the same as
the Cavalry of the army. But, be it remembered always,
that each officer and private of said companies, shall furnish
their own horse and be allowed the rate of [blank left
in text to be filled in by hand]
dollars per
month, for the hire of the same.
SEC. 9th. And be it further ordained, That all persons
enlisting as privates in any of said companies, be bound to
serve for one year from time of enlistment, unless sooner
discharged by the officer in command, and be bound by all
the rules of war, unless herein otherwise provided, while
in actual service; and at all times during their enlistment be
exempt from all road and jury duty.
The Convention then adjourned till eleven o'clock to-morrow
morning.
FRIDAY, JANUARY 25, 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.
Whereupon the President laid upon the table a communication
from the State of Mississippi, with accompanying
documents accrediting the Hon. T. W. White, of that State,
as a Commissioner to Georgia, for purposes therein specified--
Which was taken up and read.
On motion of Mr. Stephens, of Taliaferro, the following
resolution was adopted:
Resolved, That all the papers accompanying the commissioner
from the State of Mississippi, as well as those with
the commissioners from the States of South Carolina and
Alabama, be printed as an appendix to the journal of the
proceedings of this Convention.
Mr. Alexander, of Upson, laid upon the table the following
resolutions:
Whereas, The Hon. Thomas W. White, the Commissioner
from the State of Mississippi, has arrived in this city; be it
therefore
1st. Resolved, That the Hon. Thomas W. White be, and
and he is hereby invited to a seat on the floor of this Convention.
2d, Resolved, That a committee of three be appointed by
the President to wait on Mr. White and ascertain at what
hour and in what form it will be agreeable to him to
communicate with this Convention.
The resolutions were taken up, read and adopted.
Whereupon the President announced the following as the
committee under the foregoing resolutions, to wit:
Messrs. Alexander of Upson,
Reynolds, and
Simmons of Pickens.
The President laid on the tablea communication from the
Legislature of the State of Tennessee, which was read and,
on motion of Mr. Glenn of Fulton, laid on the table for
the present.
Mr. Whitehead offered the following resolution, which
was read:
"Resolved, That when this Convention adjourns on Tuesday
next, the 29th instant, it adjourns to meet in Savannah
at the call of the President."
Mr. Benning, from the committee on the "Relations of
the Slaveholding States of North America," made the
following report:
"That he is instructed by that committee to report the
following resolution, and to recommend its adoption by the
Convention:
Resolved, That in the opinion of this Convention no State
ought to be admitted into the new confederacy to be formed
at Montgomery, unless such State shall tolerate the existence
of slavery as one of its own domestic institutions, and
shall permit an inter-state traffic in slaves with its citizens,
and that should any State at any time abolish the institution
within its limits, such State shall ipso facto cease to be
a member of the said Confederacy."
The report was taken up and read.
Mr. Anderson, from the committee on "Commercial and
Postal Arrangements," reported the following preamble and
resolutions:
Whereas, The policy of direct trade between the States
of the South and foreign nations assumes more than ordinary
importance in view of the relations which the seceding
States must bear to the world,
Therefore be it resolved, That this Convention is forcibly
impressed with the necessity to the future welfare and honor
of the South, of direct trade with European nations from
some port or ports upon the Atlantic coast at the South,
under the dominion of the Southern Confederacy.
Resolved, That our members to the Southern Congress to
be held at Montgomery, are hereby earnestly requested to
bring this subject forward at an early day before that assembly,
and to urge the adoption of efficient measures to accomplish
this great measure of Southern independence.
The resolutions were taken up, read, and 300 copies
ordered to be printed.
Mr. Nisbet offered the following resolution, which was
taken up and read, to wit:
"Resolved, That in pursuance of a resolution of this body
authorizing the appointment of Commissioners to the slaveholding
States, the committee on Foreign Relations be, and
they are hereby instructed to nominate to the Convention
suitable persons to act as Commissioners aforesaid, at 12
o'clock to-morrow, and that, at that hour, the Convention
proceed to elect the same."
Mr. Hood, of Randolph, offered the following as a substitute
for the same:
"Resolved, That the committee on the Relations with the
Slaveholding States be instructed to suggest to the Convention
the names of fit and proper persons to represent the
State of Georgia as Commissioners under the resolution
heretofore adopted to the State of Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri,
and Arkansas."
Mr. Kenan moved to strike out "Delaware."
When, on motion, the resolution and substitution was laid
on the table for the present.
Mr. Cobb, from the committee on the Constitution and
laws of the State, and the Constitution and laws of the
United States, made the following reports:
First.
AN ORDINANCE
To abolish the Circuit and District Courts of the United
States for the District of Georgia, and to establish other
Courts in lieu thereof, and to continue in force certain
judgments and executions.
The people of Georgia in Convention assembled hereby declare
and ordain,
That the Circuit and District Courts of the late United
States for the State of Georgia, be, and the same are hereby
abolished as Courts of the said United States. And the
same are hereby re-established as Courts of the independent
State of Georgia, with the same jurisdiction and powers
as they had under the laws of the United States, except so
far as the same are modified by the ordinances of this
Convention.
2. That the commissions of all the judges and officers of
said courts are hereby terminated. And the Governor of
this State is hereby authorized to appoint and commission
judges and officers of said courts, to hold their commissions
until the further action of this Convention.
3. The causes now pending in said courts, civil and
criminal, are continued without prejudice in the courts
hereby established, and the judgments and decrees heretofore
rendered therein, and the executious issued thereon
shall lose no right, lien, or validity by the operation of this
ordinance, or the ordinance of secession, but shall continue
in force as if the said courts remained in existence.
Second.
AN ORDINANCE
To adopt and continue in force the laws of the late United
States, in the State of Georgia, except as therein specified.
The people of Georgia in Convention assembled do declare and
ordain as follows:
SECTION 1. That such and so much of the laws of the
late United States, as are not inconsistent with the
ordinance of secession, and the other ordinances of this
Convention, and as are applicable and adapted to our present
condition and necessities, be and the same are hereby
adopted and continued in force in this State--saving and
excepting, however, the laws on the subjects following, to
wit: The Army; Bounty Lands; Cadets; Census; Coasting
Trade; Treason; Fisheries; Lands; the Navy; Pensions;
Printing; Public Money; Timber; Treasury Department;
and the War Department.
SEC. 2. That in all cases in which remedies are provided in
civil cases, or punishments are prescribed in criminal cases,
both by the laws of the said United States and by the existing
laws of this State, then and in all such cases the laws
of this State shall take precedence to, and be administered
before the said laws of the United States.
Third.
AN ORDINANCE
To define and declare what shall be Treason and Misprision
of Treason in the State of Georgia and also certain felonies.
The people of Georgia in Convention assembled do hereby declare
and ordain,
That if any person or persons owing allegiance to the
State of Georgia shall levy war against said State, or shall
adhere to her enemies, giving them aid and comfort within
the said State or elsewhere, or shall in the name of the late
United States of America, or any other foreign power,
seize or attempt to seize and hold possession against the
declared will of said State, or any fort, arsenal, mint or
other building within the territorial limits of said State,
and shall be thereof convicted on confession in open court,
or on the testimony of two witnesses to the same overt act
of the treason whereof he or they shall stand indicted, such
person or persons shall be adjudged guilty of treason against
the State of Georgia, and shall suffer death.
A person having knowledge of the commission of any
of the treasonable acts aforesaid, and conceals or fails to
discover the same as may be to the Governor of said State,
or some one of the Judges thereof, shall be guilty of
Misprision of Treason, and on conviction shall be punished by
imprisonment and labor in the Penitentiary not less than
five nor longer than [blank left
in text to be filled in by hand]
years.
Any citizen of the State of Georgia, wherever resident,
who shall, without the permission of said State, directly or
indirectly commence or carry on any verbal or written
correspondence or intercourse with any foreign government, or
any officer or agent thereof, with an intent to influence
the measures or conduct of such government, adversely to
the existence or interest of said State in relation to any
disputes or controversies with said State, or to defeat the
measures of the government of said State; or if any such
person not duly authorized shall counsel, advise, aid, or
assist in any such correspondence, such citizen of Georgia
shall be guilty of a felony, and on conviction shall be
punished by imprisonment in the Penitentiary not less than one
nor more than three years, and by a fine not exceeding five
thousand dollars.
Fourth.
AN ORDINANCE
In relation to oaths heretofore required of public officers
and Attorneys at Law.
The people of Georgia in Convention assembled declare and
ordain,
That the oath heretofore required to be administered to
public officers and Attorneys and Solicitors at Law, to support
the Constitution of the United States shall be hereafter
discontinued.
Fifth.
AN ORDINANCE
Concerning Citizenship.
We, the People of the State of Georgia, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained.
1st. Every person, who at the date of the Ordinance of
Secession was residing in this State, and was then by birth,
residence or naturalization, a citizen of this State, shall continue
a citizen of this State, unless a foreign residence shall
be established by such person, with the intention of expatriation.
2d. So also shall continue every free white person, who
after the date aforesaid, may be born within the territory of
this State, or may be born outside of that territory, of a
father who then was a citizen of this State.
3d. So also every person, a citizen of any one of the
States now confederate, under the name of the United States
of America, who within twelve months after the date of the
Ordinance of Secession, shall come to reside in this State,
with the intention of remaining, upon such persons taking
the oath of allegiance to this State, below provided.
4th. So also every free white person, who shall be engaged
in the actual service, military or naval, of the State,
and shall take an oath of his intention to continue in such
service for at least three months, unless sooner discharged
honorably, and also the oath of allegiance below prescribed.
In this case, the oaths shall be administered by some
commissioned officer of the service in which the applicant for
citizenship may be engaged, superior in rank to the applicant,
and thereupon certificate of the citizenship of the applicant,
shall be signed by the officer and delivered to the
applicant.
5th. So also, every person not a citizen of any of the
States above mentioned, at the date aforesaid, who may
come to reside in this State, with the intention of remaining,
and may be naturalized according to the naturalization
laws of this State; until they may be altered or repealed,
the naturalization laws of the United States accommodated
to the special condition of the State, are hereby made the
laws of this State, except, that instead of the oaths required
by those laws in the final act, the oath of allegiance to this
State, and of abjuration below provided, shall be taken.
6th. In all cases, the citizenship of a man shall extend to
his wife, present or future, whenever she shall have a
residence in this State, and shall extend also, to each of his
children, that under the age of eighteen years, may have a
residence in the State; provided, That in no case, shall
citizenship extend to any person, who is not a free white
person.
7th. That the oath of allegiance to this State, shall be in
the words, to-wit:
"I do swear (or affirm) that I will be faithful and true
allegiance bear to the State of Georgia, so long as I may
continue a citizen thereof."
8th. The oath of abjuration shall be in the following
form, to-wit:
"I do swear (or affirm) that I do renounce and forever
abjure, all allegiance and fidelity to every prince, potentate,
or sovereignty whatever, except the State of Georgia."
On motion of Mr. Cobb, the fourth of the series of the
foregoing ordinances was taken up, read twice, and passed,
to-wit:
The "Ordinance in relation to oaths heretofore required
of public officers and Attorneys at Law."
On motion of Mr. Wofford, 300 copies of the first, second,
third, and fifth, of the foregoing ordinances, were ordered to
be printed.
Mr. Poe offered the following resolution, which was taken
up, read, and agreed to:
"Resolved, That his Excellency, the Governor, be requested
to afford such facilities to the Secretary of this Convention,
as will enable him to have taken, a photograph of
the Ordinance of Secession, provided no expense accrue to
the State therefor, and provided, also, that no risk be incurred,
of the loss of, or damage be done to said ordinance, in
taking said photograph."
Mr. Hull laid upon the table the following resolution,
which was taken up, read, and adopted:
"Resolved, That our late Senators and Representatives in
the Congress of the United States, be invited to seats upon
the floor of this Convention."
Mr. Ramsey was excused from serving on the committee
to take into consideration, and report upon the expediency
of reducing the representation of the General Assembly of
Georgia, and Mr. Robinson appointed in his place.
The Convention then went into secret session, and having
spent some time therein, the doors were opened, when
Mr. Beall, of Troup, from the Committee on the Ordinance
of Secession, offered the following resolution, which
was taken up, read, and adopted:
"The committee to whom was entrusted the duty of preparing
parchment, and engrossing the Ordinance of Secession,
for the signature of the members of the Convention,
called to their aid the services of Maj. H. J. G. Williams,
who cheerfully and with some labor, engrossed the same to
the full satisfaction of the committee, and refused all
pecuniary compensation.
Be it therefore resolved, That Maj. H. J. G. Williams be
allowed to sign his name under the attestation of the Clerk,
in the manner following, namely:
Mr. Johnson, of Clayton, offered the following resolution,
which was taken up, read, and adopted:
"Resolved, That the Treasurer be authorized to pay the
members of the Convention their mileage, and per diem pay
upon their accounts being approved and signed by one of
the auditing committee.
And be it further resolved, That the President of the
Convention, when it adjourns, be required to draw his warrant
upon the Treasurer for the pay of its members and officers,
in the same manner as has heretofore been done by the
President of the Senate, and Speaker of the House of
Representatives, of the Georgia Legislature."
On motion of Mr. Stephens, of Taliaferro, the following
resolution was taken up, read, and adopted:
"Resolved, That the Governor be requested to have published
in such newspapers as he may think proper, all the
ordinances of this Convention as they pass, that immediate
and general notice may be given of the same, unless otherwise
directed by this Convention."
The President laid on the table a communication from
T. S. Hopkins, M. D. of Wayne county, with accompanying
papers, contesting the seat of Mr. Cannon, of that county,
in the Convention.
On motion of Mr. Fort, a committee on elections was
announced by the Chair, and the communication with the
accompanying papers were referred to the same.
The following is the Committee on Elections:
Messrs. Styles,
Roddey,
Butts,
Brown, of Houston, and
Gaulden.
Mr. Alexander, of Upson, from the committee appointed
to wait upon the Hon. Thomas W. White, the Commissioner
from the State of Mississippi, made the following report,
to-wit:
"That the committee have waited upon Mr. White, and
informed him of the action of this Convention, inviting him
to a seat upon the floor of the Convention, and expressing
the readiness and desire of the Convention to receive him at
such time as will be most agreeable to himself; and that
he informed the committee that it would be agreeable to
him to appear before and address the Convention at noon
on Monday next."
Mr. Williamson offered the following resolution, which
was read and referred to the Committee on Foreign Relations:
"Resolved, That the Committee on Foreign Relations be
requested to report an ordinance, if in their judgment it be
necessary, to secure to citizens of Georgia, who have obtained
from the United States of America, a patent right for inventions,
and citizens of Georgia, who have made application
and placed in office a model for a patent, their rights in
the same."
Mr. Cobb moved to take up the ordinance in reference to
land heretofore ceded to the late United States of America.
The motion was agreed to, and the ordinance was taken
up, read twice, and passed.
The report of Mr. Anderson, from the committee on
Commercial and Postal Arrangements, being an ordinance
to make provisional Postal Arrangements in Georgia, was
then taken up.
On motion, the same was recommitted, and reported back
with the following amendments, to-wit: by striking out in
the first section, the word "continued," and inserting the
words "allowed to continue;" and by inserting in the second
section, "and do all other things," after the word "officers."
The ordinance as amended, was read twice and passed.
Mr. Fort, from the Committee on Enrolment, made the
following report:
"That they have had enrolled, and it is now ready for the
signature of the President:
An Ordinance To provide for the execution of criminal
process issuing from the Courts of the late United States of
America."
Leave of absence was then granted to Messrs. Stephens of
Monroe, Roddey, Logue, Davis of Putnam, Hansell,
Humphries, Bryan, Cleveland, Furlow, Robertson, Perkins,
Ponder, and Banks of Stewart.
The Convention then adjourned till ten o'clock to morrow
morning.
SATURDAY, JANUARY 26, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Means.
A quorum being present the journal was read.
On motion of Mr. Bartow, the doors were closed, and the
journal of yesterday, when in secret session was read.
After which the doors were opened, when
Mr. Nisbet offered the following resolution, his resolution
and Mr. Hood's substitute, of yesterday, having been
withdrawn:
Resolved, That the Committee on Foreign Relations be,
and they are hereby instructed to nominate Commissioners
to certain slaveholding States of the late American Union,
in accordance with an Ordinance of this Convention,
authorizing the appointment of such Commissioners; and that
the Convention will, on Monday next, at eleven o'clock,
proceed to the election of the same.
The resolution was taken up, read and adopted.
Mr. Cobb, from the Committee on the Constitution of
the State, and the Constitution and Laws of the United
States, to whom was referred a resolution inquiring into
the propriety of appointing a Council of safety to advise
with, and assist the Governor of this State in the discharge
of his Executive duties, made the following
REPORT:
"That they have had the same under consideration, and
are satisfied that for the present, at least, such a Council
is unnecessary and impolitic."
The Report was received and adopted.
Mr. Styles, from the Committee on Elections, made the
following
REPORT:
"The Committee on Elections have had under consideration
the subject of the protest from Wayne county, in relation
to the seat now filled by the Hon. H. A. Cannon, and
have instructed their Chairman to report that they find the
election returns from Wayne county, in proper form, and
duly certified by the superintendents of the election, and
that the returns show that Hon. Henry R. Fort, and the
Hon. Henry A. Cannon, received a majority of the votes
admitted in the general count, and were declared duly
elected by the Superintendants to seats in the Convention.
They further find, however, that the ballots from one of
the precincts were rejected by the Superintendants in the
general count because of there being no oath or affidavit
attached to, and returned with the polls by the managers at that
precinct, and though it is represented by ex parte certificates
that the polls of this rejected precinct would, if they
had been counted, have shown a tie between the sitting
delegates and Dr. F. S. Hopkins, the contestant, the evidence
produced before the Committee fails to rebut the presumption
that the Superintendants acted in strict accordance
with the law governing elections in rejecting the returns
from the disputed precinct. But whether the Committee
be correct or not in this conclusion, the contestant
has failed to pursue the prescribed rule laid down by the
act of 1831, regulating the manner for contesting elections,
and has therefore failed to bring his case before the Committee
in such a manner as to justify them in considering
the testimony adduced. In justice to the sitting member,
your Committee have thought proper to state these facts,
and to state further, that upon investigation they ascertain
the fact that he declined to serve the county under the
circumstances, and only consented to claim his seat after
being earnestly requested so to do by a large majority of
all those who voted on the day of election.
Your Committee therefore recommend that the protest
be laid upon the table, and that the Hon. Henry A.
Cannon do retain his seat."
The report was taken up, read and unanimously agreed
to.
Mr. Shropshire of Floyd, from the Committee to inquire
into the power of this Convention to reduce the number of
Senators and Representatives in the General Assembly of
Georgia, and if, in the judgment of said Committee the
power exists to report an Ordinance for that purpose, made
the following
REPORT:
"Your Committee have had the subject under consideration,
and while they do not doubt the power of this Convention
to make such reduction, yet there is great diversisity
of opinion as to the propriety of doing so, without
submitting the action of the Convention to the people for
ratification or rejection. They have, however, agreed upon
an Ordinance which they have instructed me to submit to
this Convention, and recommend its adoption; each individual
member of the Committee reserving to himself the
privilege of voting for, or against any proposition which
may be made, with a view to obtaining the popular will on
this subject."
The report was taken up, aud the Ordinance read, to-wit:
AN ORDINANCE
To alter and amend the 3d, 4th, 7th and 8th Sections of
the 1st Article of the Constitution of the State of Georgia,
and for other purposes.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained and declared by the authority of
the same,
1. That from and after the adoption of this Ordinance,
the third section of the first Article of the Constitution of
this State shall be so altered and amended as to read as
follows, to-wit:
Each Congressional District in this State shall be known
as a Senatorial District, by the same number which designates
it as a Congressional District. The Senate of Georgia
shall be composed of forty Senators and no more, five
to be chosen from each District as they are now or may
hereafter be organized, by the legally qualified voters
thereof, on the first Wednesday in October, until the day of
election is altered by law.
2. Be it further ordained by the authority aforesaid, That
the fourth section of the first Article of the Constitution of
Georgia shall be so altered and amended as to read as
follows, to-wit:
No person shall be a Senator who shall not have attained
the age of twenty-five years, and been five years a citizen
of this State, and shall have usually resided within the
District from which he shall be returned at least one year
immediately preceding his election, except persons who
may have been absent on lawful business of this State, or
of any government of which Georgia may hereafter become
a part.
3. Be it further ordained, That the seventh section of
the first Article of the Constitution of this State, shall be
so altered and amended as to read as follows, to-wit:
The House of Representatives shall be composed of one
hundred and thirty-three members, and no more, one to be
chosen biennially from each of the counties as now organized
by the legally qualified voters thereof, on the first
Wednesday in October, until the day of election is altered
by law.
4. Be it further ordained, That the eighth section of the
first Article of the Constitution of this State, be so altered
and amended as to read as follows, to-wit:
No person shall be a Representative, who shall not have
attained to the age of twenty-one years, and have been a
citizen of the State of Georgia five years, and have actually
resided in the county in which he shall be chosen one
year immediately preceding his election, unless he shall
have been absent on the public business of this State, or of
any government of which Georgia may hereafter become a
part.
5. Be it further ordained, That the foregoing alterations
and amendments shall not be so construed as to vacate the
commission of any member of the present General Assembly
of Georgia."
Mr. Mallary, from the same Committee, offered the
following minority report, and moved its adoption by the
Convention:
"The undersigned, from the Committee to reduce the
number of members of the General Assembly, beg leave
to dissent from the report of the majority of the Committee,
to present our reasons therefor, and to present our plan
for said reduction in lieu thereof. In the first place, we
do not believe this Convention is clothed with the power to
make said reduction; but being mindful of the necessity
of such reduction, we think that if the plan adopted by
this Convention is submitted to the people, and by them
ratified, it will cure any want of power. In the second
place, no plan should be adopted by this Convention which
would not likely meet the approbation of the people, and
we do not believe the people of this State would be content
with any plan which did not secure to each county at
least one representative, and a representation in the Senate,
exceeding in number that of a mere executive or municipal
council.
Therefore, we recommend, instead of the Ordinance
reported by the majority, that this Convention instruct the
Committee to prepare and report an amendment to the
Constitution, to the effect that the first twenty counties
having the highest representative population, according to
the Federal basis, be entitled to two representatives, and
all the counties to one each; and that the Senate consist of
eight members from each Congressional District, as now, or
hereafter to be organized, the qualifications of Senators
and Representatives to be the same as the Constitution
now prescribes, except that a Senator shall reside one
year, in some one county of the District from which he is
elected--the whole not to take effect until ratified by the
people. And we would also suggest, that as the Congress
to assemble at Montgomery may have the power to abolish
the district system, or to change the apportionment, this
whole subject had better be postponed until the re-assembling
of this Convention.
(Signed)
CHARLES E. MALLARY."
Mr. Beall of Troup, offered the following as an amendment
to the third section of the Ordinance reported by the
majority, which was taken up and read:
"The House of Representatives shall consist of eighty-seven
members, and no more, to be chosen biennially on the
first Monday in October next, from the Congressional Districts
as now organized by the State, by the legally qualified
voters of said several Districts, namely, from the first
Congressional District, fifteen members; from the second
fourteen members; from the third eight members; from
the fourth, eleven members; from the fifth, twelve
members; from the sixth, eleven members; from the seventh,
eight members; and from the eighth, eight members."
On motion of Mr. Cobb, the foregoing reports and amendment
were laid on the table until after the proposed recess
of this Convention, and, on motion of Mr. Johnson of
Clayton, 500 copies of the same were ordered to be printed.
Mr. Hamilton laid on the table the following resolution,
which was taken up, read, and agreed to:
Resolved, That the Committee on Foreign Relations be
instructed to enquire and report whether any change should
be made in the device on the coins hereafter to be made at
the mint at Dahlonega, in the county of Lumpkin. Also,
whether any change should be made in the management of
said mint; and in the event they should be of opinion any
change should be made, that they report to this Convention
such changes as they may deem necessary."
Mr. Johnson's (of Clayton) resolution directing that
25,000 copies of the Ordinance of Secession, be printed, was
then taken up, when he offered the following as a substitute
therefor:
Resolved, That twenty-five thousand copies be printed
for the use of the Convention, of the resolutions offered by
the Hon. E. A. Nisbet, delegate from the county of Bibb,
declaring it to be the right and duty of Georgia to secede
from the Union, and appointing a committee of seventeen
to draw up the Ordinance for secession, &c., and the vote
that was taken on said resolutions by yeas and nays. Also,
the resolution offered by the Hon. H. V. Johnson, a delegate
from the county of Jefferson, as a substitute to said
resolutions, with the vote that was taken on the same by the
yeas and nays. Also, the report of the Committee of seventeen,
which reported the Ordinance for secession with the
vote that was taken on the Ordinance, by the yeas and
nays. Also, the names of each delegate and the county
they represented, who signed said Ordinance in the order
in which they stand, on parchment, and the names of each
delegate and the county they represented, who refused to
sign the same.
On motion of Mr. Strickland, the substitute and original
resolution was laid on the table for the balance of the session.
Mr. Anderson, from the committee on Commercial and
Postal Arrangements, reported the following ordinance,
which was taken up, read, and made the special order of
the day for Monday next; 300 copies of the same were
ordered to be printed:
AN ORDINANCE
To make provisional arrangements for the continuance of
commercial facilities in Georgia.
Whereas, It is due to the citizens of Georgia engaged in
commerce and agriculture, and the citizens of foreign States
engaged in lawful commerce with this State, that no sudden
or abrupt change should be made.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained by the authority of the same,
That collectors of customs and other officers connected
with the same in the various ports of this State, be allowed
to continue to perform their functions under existing laws,
until otherwise ordered, or until the Congress about to
assemble at Montgomery shall legislate on the same.
Be it further ordained by the power aforesaid, That should
circumstances arise during the recess of this Convention to
make it necessary in the opinion of the Governor to place
the custom house under the control of the Government of
this State, then the Governor shall be empowered to take
possession of the same, appoint all officers and establish the
revenue, collection and navigation laws of the United States,
so far as they may be applicable until otherwise provided for.
The first ordinance reported on yesterday by Mr. Cobb,
from the "Committee on the Constitution of the State and
the Constitution and Laws of the United States," to wit:
"An ordinance to abolish the Circuit and District Courts
of the United States for the District of Georgia, and to
establish other courts in lieu thereof, and to continue in force
certain judgments and executions"--was taken up and read.
On motion of Mr. Clarke, the same was recommitted for
amendment.
Mr. Clarke then moved to amend the third section of the
ordinance, by adding thereto the following words: "But
the stay law of the General Assembly of 1860 shall apply to the
judgments and proceedings of said Court."
The amendment was received.
Mr. Clarke also offered the following as an amendment to
the first section--to add the words:
"But in case any coercive measures are adopted by the
present Federal Government, said Court, and all other
Courts shall lose the jurisdiction of a cause in behalf of any
citizen of a non-seceding States, to take effect by order of
the Governor, and to continue until the action of the General
Assembly."
The amendment was lost.
Mr. Hood offered the following amendment:
To strike out in the first section all after the words
"United States," where they occur the second time; to strike
out the second section, and to strike out the following words
in the third section, to wit: after the word "criminal," the
words "are continued without prejudice in the Courts hereby
established."
Mr. Hill, of Troup, called for the "previous question,"
which being seconded, the ordinance, as amended, was put
upon its passage, when Mr. Hood demanded that the yeas
and nays be recorded.
North America," relative to the admission of States into
the Southern Confederacy to be formed at Montgomery, was
taken up, read, and recommitted to same committee.
Mr. Whitehead's resolution relative to the adjournment
and re-assembling of this Convention at Savannah, was
taken up, when amendments from Messrs. Corn, Cannon of
Rabun, and Starr, and a substitute from himself, were
presented--all of which were laid on the table for the present.
Mr. Briscoe, from the committee on Enrollment, reported
as duly enrolled and ready for the signature of the
President of the Convention--
An ordinance to continue in force the laws against the
African slave trade. Also,
An ordinance in relation to the inter-State slave trade--
which, being signed by the President, was deposited in the
office of the Secretary of State.
Mr. Nisbet offered the following resolution, which was
taken up, read, and agreed to.
Resolved, That the committee on Military Affairs be, and
they are hereby requested to enquire into the expediency
and practicability of establishing an Armory for the use of
the State within the limits of this State, and report to the
Convention.
Leave of absence was granted to Messrs. Garvin, Allen,
Douglass, Anderson, Harris of Meriwether, Bell of Banks,
Styles of Ware, Cochran of Wilkinson, and Richardson of
Lee.
On motion of Mr. Hill, of Troup, the Convention then
adjourned till eleven o'clock, Monday morning.
MONDAY, JANUARY 28,1861.
The Convention met pursuant to adjournment, and was
opened with prayer, by the Rev. Mr. Flinn.
Mr. Ramsey moved to reconsider so much of the journal
of Saturday as relates to the passage of the Ordinance,
reported by Mr. Cobb, from the Committee on the
Constitution of the State, and the Constitution and Laws of the
United States, to-wit:
"An Ordinance, in relation to the Circuit and District
Courts of the United States."
The motion to reconsider prevailed, and the
Ordinance was referred back to the same Committee.
The hour of 12 having arrived, the order of the day,
to-wit: the reception of the Hon. Thos. W. White,
Commissioner from the State of Mississippi, to Georgia, took
place.
Mr. Alexander, of Upson, chairman of the Committee for
that purpose, introduced that gentlemen to the President of
the Convention, who, having extended a cordial welcome to
him in its behalf, stated that it was then ready to receive,
or hear, any communication he, as a Commissioner from
Mississippi, was prepared to deliver or communicate.
Whereupon the Commissioner aforesaid addressed the
Convention.
Mr. Colquitt, (in the absence of Mr. Toombs, the Chairman
of the Committee on Foreign Relations,) made the
following Report, to-wit:
The Committee on Foreign Relations, to whom was
referred the duty of recommending to the Convention suitable
persons to fill the offices of Commissioners to several
designated States, have had the same under consideration,
and
REPORT:
For Virginia, H. L. Benning, of Muscogee.
For Maryland, A. R. Wright, of Richmond.
For Kentucky, H. R. Jackson, of Chatham.
For Tennessee, H. P. Bell, of Forsyth.
For Missouri, L. J. Glenn, of Fulton.
For Arkansas, D. P. Hill, of Harris.
For Delaware, D. C. Campbell, of Baldwin.
For North Carolina, Samuel Hall, of Macon.
The Report was taken up and read, when, on motion of
Mr. Toombs, (who stated that Mr. Jackson had declined to
to serve as Commissioner to Kentucky,) so much of the
Report as referred to that State, was recommitted to the
Committee on Foreign Relations."
The remainder of the Report was agreed to,
Mr. Stephens, of Taliaferro, from the Committee on
Foreign Relations, reported the following Resolutions:
Resolved, That the delegates sent from this State by this
Convention, to the proposed Congress to assemble at
Montgomery, Alabama, on the 4th day of February next, be
fully authorized and empowered, upon free conference and
consultation with delegates that may be sent from other
seceding States, to said Congress, to unite with them in
forming and putting into immediate operation, a temporary
or Provisional Government, for the common safety and
defence of all the States represented in said Congress.
Such temporary or Provisional Government not to extend
beyond the period of twelve months from the time it goes
into operation, aad to be mod eled as nearly as practicable
on the basis and principles of the late Government of the
United States of America. The powers of the delegates
so appointed by this Convention in this particular, being
hereby declared to be full and plenary.
Be it further Resolved, That said Delegates be likewise
authorized, upon like conference and consultation with the
delegates from the other States in said Congress, to agree
upon a plan of permanent Government for said States,
upon the principles and basis of the Constitution of the
late United States of America, which said plan or Constitution
of permanent Government shall not be binding or
obligatory upon the People of Georgia, unless submitted to,
approved, and ratified by this Convention.
The report was taken up and read, when Mr. Fouche moved
to lay the same upon the table for the present, and to print
300 copies thereof.
The motion was lost, and the Report was agreed to.
SPECIAL ORDER.
The special order of the day, to-wit:
"An Ordinance, to make provisional arrangements for the
continuance of Commercial Facilities in Georgia," was then
taken up and read.
Mr. Hood, of Randolph, from the minority of the Committee
on Commercial and Postal Arrangements, reported
the following Ordinance, as a substitute for the Ordinance
proposed by the majority of said Committee:
AN ORDINANCE
To make Provisional Arrangements for the continuance of
Commercial facilities in Georgia.
We, the People of Georgia, in Convention assembled, do declare
and Ordain, and it is hereby declared and Ordained,
First, That all citizens of the State of Georgia, who, on
the 19th day of January, 1861, were holding office
connected with the Customs, under the Government of the
late United States, within the limits of this State, be, and
they are hereby appointed to hold, under the Government
of this State, exclusive of any further connection whatever
with the Go vernment of the late United States, the same
offices they now fill, until otherwise directed, and to receive
the same pay and emoluments for their services.
Second, That until the Convention or other Provisional
Government shall otherwise provide, the Governor shall
appoint to all vacancies which now exist or may hereafter
occur in such offices.
Third, That until otherwise provided, the Revenue, Collection,
and Navigation Laws of the late United States, so
far as they may be applicable, be, and they are hereby
adopted and made the laws of this State, saving that no
duties shall be collected upon imports from the States
forming the late United States, nor upon the tonnage of
vessels owned in whole or in part by the citizens of said
States; Provided, if the said late United States should assume
an attitude of hostility towards the State of Georgia,
then the Governor, by his Proclamation, shall put them
upon the same footing with all other foreign nations. And,
saving and excepting the Act of Congress, adopted the 3rd
day of March, 1817, entitled "An Act authorizing the deposit
of papers of foreign vessels with the Consuls of their
respective nations," which Act is hereby declared to be of
no force within the limits of this State.
Fourth, That all vessels built in Georgia, or elsewhere,
and owned to the amount of one third by a citizen, or
citizens, of Georgia, or of any of the seceding States from the
late United States, and commanded by a citizen thereof,
and no other, shall be registered as vessels of Georgia,
under the authority of the Collector and Naval officers.
Fifth, That all the official acts of the officers aforesaid,
in which it is usual and proper to set forth the authority
under which they act, or the style of documents issued by
them, or any of them, shall be in the name of the State of
Georgia.
Sixth, That all monies hereafter collected by any of the
officers aforesaid, shall, after deducting the sums necessary
for the compensation of officers, and other expenses
incident thereto, be paid into the Treasury of the State of
Georgia, subject to the order of this Convhntion, or the
General Assembly.
Seventh, That the officers aforesaid shall retain in their
hands all property of the late United States in their possession,
custody, or control, subject to the disposal of the
proper authorities, who will account for the same, upon a
final settlement with the Government of the late United
States.
Mr. Hood moved that the substitute be adopted in lieu
of the original Ordinance.
Whereupon Mr. Hill, of Troup, demanded that the yeas
and nays be recorded.
So the substitute was adopted in lieu of the original
Ordinance, and having been read twice was passed with
the following amendment, to-wit:
After the words "holding office," in the first section, to
add the words, "or who may have resigned, and where
resignations may not have been accepted."
Mr. Cobb, from the Committee on the Constitution of
the State and the Constitution and Laws of the United
States, submitted the following, which, on his motion,
without being read, was laid on the table until after the
proposed recess, and 1,000 copies ordered to be printed:
The fundamental principles of Free Government cannot
be too well understood or too often recurred to. Hence
we declare this
BILL OF RIGHTS.
All Government derives its authority from the consent of
the governed; who may modify, alter or annul the same
whenever their safety or happiness requires it. No Government
should be changed for slight or transient causes,
nor unless upon reasonable assurance that a better will be
established.
Protection to person and property is the consideration of
allegiance; and a Government which knowingly and
persistently denies or withholds such protection from the
governed, releases them from the obligation of obedience.
No citizen shall be deprived of life, liberty, or property,
except by due process of Law; and of life or liberty only
by the judgment of his peers. The writ of habeas corpus
shall not be suspended unless when in case of rebellion or
invasion the public safety may require it.
A well regulated Militia being necessary to the security
of a free State, the right of the People to keep and bear
arms shall not be infringed.
The prevalence of the Christian Religion among the.
people, and the basis of Christian principles underlying the
laws, entitle this State to be ranked among the Christian
nations of the earth, and as those principles are independent
of all political organization, no religious test shall
ever be required for the tenure of any office, and no religious
establishment allowed; and no citizen shall be
deprived of any right or privilege by reason of his
religious belief.
Freedom of thought and opinion, freedom of speech, and
freedom of the Press, are inherent elements of political
liberty. But while every citizen may freely speak, write,
and print, on any subject, he shall be responsible for the
abuse of the liberty.
The right of the People to appeal to the Courts, to petition
Government on all matters of legitimate cognizance,
and peaceably to assemble for the consideration of any
matter of public concern, can never be impaired.
For every right there should be provided a remedy, and
every citizen ought to obtain justice without purchase,
without denial, and without delay, conformably to the
laws of the land.
Every person charged with an offence against the laws
of the State, shall have
1st, The privilege and benefit of counsel.
2nd, Shall be furnished, on demand, with a copy of the
accusation, and a list of the witnesses against him.
3rd, Shall have the compulsory process of the Court to
obtain the attendance of his own witnesses.
4th, Shall be confronted with the witnesses testifying
against him, and
5th, Shall have a public and speedy trial by an impartial
Jury.
No person shall be put in jeopardy of life or liberty
more than once for the same offence.
No conviction shall work corruption of blood, or general
forfeiture of estate.
Excessive bail shall not be required or excessive fines
imposed; nor cruel and unusual punishments inflicted.
The power of the Courts to punish for contempts should
always be limited by legislative acts.
A faithful, honest, and fearless execution of the laws is
essential to good order; and good order in society is
essential to true Liberty.
Legislative Acts in violation of the fundamental law are
void; and the Judiciary shall so declare them.
Ex post facto laws, or laws impairing the obligation of
contracts, or retroactive legislation affecting the rights of
the citizens, are prohibited.
Laws should have a general operation, and no general
law should be varied in a particular case, by special
legislation, except upon notice to all persons to be affected
thereby.
The right of taxation can be granted only by the
People, and should be exercised by their agents in
Government only for the legitimate purposes of Government.
In cases of necessity, private ways may be granted upon
just compensation being first paid; and with this exception
private property shall not be taken except for public use;
and then only upon just compensation, such compensation,
except in cases of pressing necessity, should be first provided
and paid.
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall
issue but upon probable cause, supported by oath or affirmation,
and particularly describing the place or places to be
searched, and the persons or things to be seized.
Extreme necessity only should justify the declaration of
Martial Law.
Large standing armies in times of Peace are dangerous
to Liberty.
No soldier shall, in time of Peace, be quartered in any
house, without the consent of the owner, nor in time of
War, but in a manner prescribed by law.
Titles of Nobility are inconsistent with Republican Equaliity,
and civil honors should come by merit and not by inheritance.
All powers not delegated to the Government, expressly
or by necessary implication, are reserved to the People of the
State. And in all doubtful cases the denial of the grant is
the ground safest for the liberty of the People.
The enumeration of rights herein contained shall not be
construed to deny to the People any inherent rights which
they have hitherto enjoyed.
Mr. Briscoe, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Presiident,
certain Ordinances passed in secret session, which
were signed by the President, and transmitted to the Governor.
Mr. Singleton moved that Mr. Brown of Marion be placed
upon the Committee on Accounts, in lieu of Mr. McDonald
of Ware, who was absent.
The motion was agreed to.
Mr. Bartow, from the Committee on Military affairs,
made the following
REPORT:
The Committee on Military affairs, to whom was referred
an Ordinance to organize a mounted police in each of the
several Counties of the State, and for other purposes, have
considered the same, and report that, in their opinion, the
said Ordinance ought not to pass.
The report was taken up, and agreed to.
Mr. Bartow, from the same Committee. also made the
following
REPORT:
That the Committee to whom was referred a Resolution
directing them "to inquire into the expediency and practicability
of establishing an Armory for the use of the State
within its limits, and to report to the Convention," ask
leave for further time, to make their report.
The report was taken up, read, and the leave asked, was
granted.
Leave of absence was granted to Messrs. Buchanan, Hill
of Hart, Martin of Elbert, Turner of Hancock, Moore of
Bulloch, Pinson, McGriff, Fitzpatrick, Cobb, Richardson
of Twiggs, and Smith of Johnson.
The Convention then adjourned till ten o'clock to-morrow
morning.
TUESDAY, JANUARY 29,1861.
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. Tidwell, moved to reconsider so much of the journal
of yesterday as relates to the passage of
AN ORDINANCE
To make
Provisional arrangements for the continuance of
Commercial facilities in Georgia.
Mr. Hood moved the previous question, which, being
seconded prevailed, when the yeas and nays were demanded
to be recorded.
Mr. Clarke, from the "Committee on the Constitution
and Laws of State, and the Constitution and Laws of the
United States," laid on the table the following report and
resolutions referred to there in
"Mr. President: I am instructed to report a set of resolutions
in connection herewith, for providing some remedy
against the unlawful seizure of the arms and other property
of the State of Georgia, by the authorities or people of other
States, and which report is also made at the suggestion
and request of his Excellency the Governor of this State.
Whereas, late events indicate a disposition upon the part
of certain persons at the North, either under the authority
of the State officers, or in unauthorized bands to seize and
retain arms and ammunition intended for the seceding States,
and wheras, Georgia cannot and will not tolerate any such
interference with her rights, under the Laws of Nations
therefore:
Be it resolved, That upon sufficient information being given
to him of any such interference with arms or ammunition,
intended for Georgia, the Governor of this State be, and he
is herby authorized, immediately to demand of the Governor
of the State where such outrage is committed, a restitution
of the property, or ample remuneration for the same,
with security against the repetition of such outrage. And
if such indemnity is not given within twelve days from the
date of the demand, the Governor of this State is hereby
authorized to make reprisals from the property of the citizens
of such recreant State, to be found within the borders of
this State, or the waters adjacent thereto; and in his discretion
he may issue in addition thereto, letters of Marque
and Reprisal against the commerce going to and coming
from the ports of such recusant State under the flag of the
United States of America.
Be it further resolved, That whenever the Governor shall
thus proceed, the judgment and other liens in favor of citizens
of such recusant State proceeded against shall be suspended,
and such citizens shall lose and not be allowed to
hold any status as Plaintiffs in any of the Courts of this
State.
The report was read and laid on the table till after the recess.
Mr. Nisbet, from the committee of seventeen, to report
the Ordinance of Secession, after stating that it was written
by Mr. Toombs made the following
REPORT,
which was taken up, read, and adopted.
"The people of Georgia having dissolved their political
connection with the Government of the United States of
America, present to their confederates, and the world, the
causes which have led to the separation. For the last ten years
we have had numerous and serious causes of complaint
against our non-slaveholding confederate States, with reference
to the subject of African slavery. They have endeavored
to weaken our security, to disturb our domestic peace
and tranquility, and persistently refused to comply with their
express constitutional obligations to us in reference to that
property, and by the use of their power in the Federal
Government, have striven to deprive us of an equal enjoyment
of the common Territories of the Republic. This hostile
policy of our confederates has been pursued with every
circumstance of aggravation which could arouse the passions
and excite the hatred of our people, and has placed the
two sections of the Union, for many years past, in the condition
of virtual civil war. Our people, still attached to the
Union, from habit and National traditions, and averse to
change, hoped that time, reason and argument, would bring,
if not redress, at least exemption from farther insults, injuries
and dangers. Recent events have fully dissipated all
such hopes, and demonstrated the necessity of separation.
Our Northern confederates, after a full and calm hearing
of all the facts, after a fair warning of our purpose not
to submit to the rule of the authors of all these wrongs
and injuries, have, by a large majority, committed the
Government of the United States into their hands. The people
of Georgia, after an equally full and fair and deliberate
hearing of the case, have declared with equal firmness,
that they shall not rule over them. A brief history of the
rise, progress and policy of anti-slavery, and of the political
organization into whose hands the administration of
the Federal Government has been committed, will fully justify
the pronounced verdict of the people of Georgia. The
party of Lincoln, called the Republican party, under its
present name and organization is of recent origin. It is
admitted to be an anti-slavery party, while it attracts to
itself by its creed, the scattered advocates of exploded political
heresies, of condemned theories in political economy,
the advocates of commercial restrictions, of protection, of
special privileges, of waste and corruption in the administration
of Government; anti-slavery is its mission and its
purpose. By anti-slavery it is made a power in the State.
The question of slavery was the great difficulty in the way
of the formation of the Constitution. While the subordination
and the political and social inequality of the African
race were fully conceded by all, it was plainly apparent
that slavery would soon disappear from what are now the
non-slaveholding States of the original thirteen; the opposition
to slavery was then, as now, general in those States,
and the Constitution was made with direct reference to that
fact. But a distinct abolition party was not formed in the
United States, for more than half a century after the Government
went into operation. The main reason was, that the
North, even if united, could not control both branches of
the Legislature during any portion of that time. Therefore,
such an orginazition must have resulted, either in utter
failure, or in the total overthrow of the Government.
The material prosperity of the North was greatly dependent
on the Federal Government; that of the South not at
all. In the first years of the Republic, the navigating, commercial
and manufacturing interests of the North, began to
seek profit and aggrandizement at the expense of the
agricultural interests. Even the owners of fishing smacks,
sought and obtained bounties for pursuing their own business,
which yet continue--and half a million of dollars are
now paid them annually out of the Treasury. The navigating
interests begged for protection against foreign ship
builders, and against competition in the coasting trade;
Congress granted both requests, and by prohibitory acts,
gave an absolute monopoly of this business to each of their
interests, which they enjoy without diminution to this day.
Not content with these great and unjust advantages, they
have sought to throw the legitimate burthens of their business
as much as possible upon the public; they have succeeded
in throwing the cost of light-houses, buoys, and the
maintenance of their seamen, upon the Treasury, and the
Government now pays above two millions annually for the
support of these objects. These interests in connection
with the commercial and manufacturing classes, have also
succeeded, by means of subventions to mail steamers, and
the reduction of postage, in relieving their business from
the payment of about seven millions of dollars annually,
throwing it upon the public Treasury, under the
name of postal deficiency. The manufacturing interest
entered into the same struggle early, and has clamored
steadily for Government bounties and special favors. This
interest was confined mainly to the Eastern and Middle
non-slaveholding States. Wielding these great States, it held
great power and influence, and its demands were in full
proportion to its power. The manufacturers and miners
wisely based their demands upon special facts and reasons,
rather than upon general principles, and thereby mollified
much of the opposition of the opposing interest. They
pleaded in their favor, the infancy of their business in this
country,the scarcity of labor and capital, the hostile legislation
of other countries towards them, the great necessity of
their fabrics in the time of war, and the necessity of high
duties to pay the debt incurred in our war for independence;
these reasons prevailed, and they received for many years
enormous bounties by the general acquiescence of the whole
country.
But when these reasons ceased, they were no less clamorous
for government protection; but their clamors were less
heeded,--the country had put the principle of protection
upon trial, and condemned it. After having enjoyed
protection to the extent of from fifteen to two hundred
per cent, upon their entire business, for above thirty years, the
Act of 1846 was passed. It avoided sudden change, but
the principle was settled, and free-trade, low duties, and
economy in public expenditures was the verdict of the
American people. The South, and the Northwestern States
sustained this policy. There was but small hope of its
reversal,--upon the direct issue, none at all. All these classes
saw this, and felt it, and cast about for new allies. The
anti-slavery sentiment of the North offered the best chance
for success. An anti-slavery party must necessarily look to
the North alone for support; but a united North was now
strong enough to control the government in all of its departments,
and a sectional party was therefore determined
upon. Time, and issues upon slavery were necessary to
its completion and final triumph. The feeling of anti-slavery,
which it was well known was very general among
the people of the North, had been long dormant or passive,--it
needed only a question to arouse it into aggressive activity.
This question was before us: we had acquired a
large territory by successful war with Mexico; Congress
had to govern it, how--in relation to slavery--was the question,
then demanding solution. This state of facts gave form
and shape to the anti-slavery sentiment throughout the
North, and the conflict began. Northern anti-slavery men
of all parties asserted the right to exclude slavery from the
territory by Congressional legislation, and demanded the
prompt and efficient exercise of this power to that end.
This insulting and unconstitutional demand was met with
great moderation and firmness by the South. We had shed
our blood and paid our money for its acquisition; we
demanded a division of it, on the line of the Missouri
restriction, or an equal participation in the whole of it. These
propositions were refused, the agitation became general,
and the public danger great. The case of the South was
impregnable. The price of the acquisition was the blood
and treasure of both sections--of all; and therefore it
belonged to all, upon the principles of equity and justice.
The Constitution delegated no power to Congress to exclude
either party from its free enjoyment; therefore, our right
was good, under the Constitution. Our rights were further
fortified by the practice of the government from the
beginning. Slavery was forbidden in the country Northwest
of the Ohio river, by what is called the Ordinance of
1787. That ordinance was adopted under the old confederation,
and by the assent of Virginia, who owned and ceded
the country; and, therefore, this case must stand on its own
special circumstances. The government of the United
States claimed territory by virtue of the treaty of 1783
with Great Britain; acquired territory by cession from
Georgia and North Carolina; by treaty from France, and
by treaty from Spain. These acquisitions largely exceeded
the original limits of the Republic. In all of these acquisitions
the policy of the government was uniform. It opened
them to the settlement of all the citizens of all the States
of the Union. They emigrated thither with their property
of every kind (including slaves),--all were equally protected
by public authority in their persons and property,
until the inhabitants became sufficiently numerous, and
otherwise capable of bearing the burthens and performing
the duties of self-government, when they were admitted
into the Union, upon equal terms with the other States, with
whatever republican constitution they might adopt for
themselves.
Under this equally just and beneficent policy, law and
order, stability and progress, peace and prosperity marked
every step of the progress of these new communities, until
they entered as great and prosperous commonwealths into
the sisterhood of American States. In 1820, the North
endeavored to overturn this wise and successful policy, and
demanded that the State of Missouri should not be admitted
into the Union, unless she first prohibited slavery within
her limits, by her Constitution. After a bitter and protracted
struggle, the North was defeated in her special object;
but her policy and position led to the adoption of a
section in the law, for the admission of Missouri, prohibiting
slavery in all that portion of the territory acquired
from France, lying North of 36 deg. 30 min. North latitude,
and outside of Missouri. The venerable Madison, at the
time of its adoption, declared it unconstitutional; Mr. Jefferson
condemned the restriction, and foresaw its consequences,
and predicted that it would result in the dissolution
of the Union. His prediction is now history. The
North demanded the application of the principle of prohibition
of slavery to all of the territory acquired from Mexico,
and all other parts of the public domain, then and in
all future time. It was the announcement of her purpose
to appropriate to herself all the public domain then owned
and thereafter to be acquired by the United States. The
claim itself was less arrogant and insulting than the reason
with which she supported it. That reason was her fixed
purpose to limit, restrain and finally to abolish slavery in
the States where it exists. The South, with great unanimity,
declared her purpose to resist the principle of prohibition
to the last extremity. This particular question, in
connection with a series of questions affecting the same
subject, was finally disposed of by the defeat of prohibitory
legislation.
The Presidential election of 1852, resulted in the total
overthrow of the advocates of restriction and their party
friends. Immediately after this result, the anti-slavery portion
of the defeated party, resolved to unite all the elements
in the North, opposed to slavery, and to stake their future
political fortunes upon their hostility to slavery everywhere.
This is the party to whom the people of the North have
committed the government. They raised their standard in
1856,and were barely defeated; they entered the Presidential
contest again, in 1860, and succeeded.
The prohibition of slavery in the territories,hostility to it
everywhere, the equality of the black and white races,
disregard of all constitutional guarrantees in its favor, were
boldly proclaimed by its leaders, and applauded by its
followers.
With these principles on their banners and these utterances
on their lips, the majority of the people of the North
demand, that we shall receive them as our rulers.
The prohibition of slavery in the territories is the cardinal
principle of this organization.
For forty years this question had been considered, and
debated in the halls of Congress, before the people, by the
press, and before the tribunals of justice. The majority of
the people of the North in 1860, decided it in their own
favor. We refuse to submit to that judgment, and in vindication
of our refusal, we offer the constitution of our country,
and point to the total absence of any express power to
exclude us; we offer the practice of our government, for the
first thirty years of its existence, in complete refutation of
the position that any such power is either necessary or proper
to the execution of any other power in relation to the
territories. We offer the judgment of a large minority of
the people of the North, amounting to more than one-third
who united with the unanimous voice of the South against
this usurpation; and finally, we offer the judgment of the
Supreme Court of the United States, the highest judicial
tribunal of our country in our favor. This evidence ought
to be conclusive, that we have never surrendered this right;
the conduct of our adversaries admonishes us that if we
had surrendered it, it is time to resume it.
The faithless conduct of our adversaries, is not confined
to such acts as might aggrandize themselves or their section
of the Union; they are content, if they can only injure
us. The constitution declares, that persons charged with
crimes in one State and fleeing to another, shall be delivered
up on the demand of the Executive authority of the State
from which they may flee, to be tried in the jurisdiction
where the crime was committed. It would appear difficult
to employ language freer from ambiguity; yet, for above
twenty years, the non-slaveholding State, generally, have
wholly refused to deliver up to us persons charged with
crimes affecting slave property; our confederates, with punic
faith, shield and give sanctuary to all criminals, who
seek to deprive us of this property, or who use it to destroy
us. This clause of the constitution has no other sanction
than their good faith; that is withheld from us; we are
remediless in the Union; out of it, we are remitted to the
laws of nations.
A similar provision of the Constitution requires them to
surrender fugitives from labor. This provision and the one
last referred to, were our main inducements for confederating
with the Northern States; without them, it is historically
true, that we would have rejected the Constitution.
In the fourth year of the Republic, Congress passed a law to
give full vigor and efficiency to this important provision.
This act depended to a considerable degree upon the local
magistrates of the several States for its efficiency; the
non-slaveholding States generally repealed all laws intended to
aid the execution of that act, and imposed penalties upon
those citizens whose loyalty to the Constitution, and their
oaths, might induce them to discharge their duty. Congress
then passed the act of 1850, providing for the complete
execution of this duty by Federal Officers. This law which
their own bad faith rendered absolutely indispensable for
the protection of constitutional rights, was instantly met
with ferocious revilings, and all conceivable modes of hostility.
The Supreme Court unanimously, and their own
local Courts, with equal unanimity, (with the single and
temporary exception of the Supreme Court of Wisconsin,)
sustained its constitutionality in all of its provisions. Yet
it stands to-day a dead letter, for all practicable purposes, in
every non-slaveholding State in the Union. We have their
covenants, we have their oaths, to keep and observe it, but
the unfortunate claimant, even accompanied by a Federal
Officer, with the mandate of the highest judicial authority
in his hands, is everywhere met, with fraud, with force, and
with legislative enactments, to elude, to resist and defeat
him; claimants are murdered with impunity; Officers of
the law are beaten by frantic mobs, instigated by inflammatory
appeals from persons holding the highest public employment
in these States, and supported by legislation in
conflict with the clearest provisions of the Constitution, and
even the ordinary principles of humanity. In several of our
confederate States, a citizen can not travel the high-way
with his servant, who may voluntarily accompany him, without
being declared by law a felon, and being subjected to
infamous punishments. It is difficult to perceive how we
could suffer more by the hostility, than by the fraternity of
such brethren.
The public law of civilized nations requires every State
to restrain its citizens or subjects from committing acts
injurious to the peace and safety of any other State, and from
attempting to excite insurrection, or to lessen the security,
or to disturb the tranquility of their neighbors, and our
Constitution wisely gives Congress the power to punish all
offences against the laws of nations.
These are sound and just principles which have received
the approbation of just men in all countries, and all centuries.
But they are wholly disregarded by the people of the
Northern States, and the Federal Government is impotent
to maintain them. For twenty years past, the Abolitionists
and their allies in the Northern States, have been engaged
in constant efforts to subvert our institutions, and to excite
insurrection and servile war amongst us. They have sent
emissaries among us, for the accomplishment of these purposes.
Some of these efforts have received the public sanction
of a majority of the leading men of the Republican
party in the National Councils, the same men who are now
proposed as our rulers. These efforts have in one instance
led to the actual invasion of one of the slave-holding States,
and those of the murderers and incendiaries, who escaped
public justice by flight, have found fraternal protection
among our Northern Confederates.
These are the men who say the Union shall be preserved.
Such are the opinions and such are the practices of the
Republican Party, who have been called by their own votes
to administer the Federal Government under the Constitution
of the United States; we know their treachery, we
know the shallow pretences under which they daily disregard
its plainest obligations; if we submit to them, it will
be our fault and not theirs. The people of Georgia have
ever been willing to stand by this bargain, this contract;
they have never sought to evade any of its obligations;
they have never hitherto sought to establish any new
government, they have struggled to maintain the ancient right
of themselves and the human race, through and by that
Constitution. But they know the value of parchment rights,
in treacherous hands, and therefore, they refuse to commit
their own to the rulers whom the North offer us. Why?
Because by their declared principles and policy, they have
outlawed three thousand millions of our property in the
common territories of the Union, put it under the ban of
the Republic in the States where it exists, and out of the
protection of Federal law everywhere; because they give
sanctuary to thieves and incendiaries who assail it to the
whole extent of their power, in spite of their most solemn
obligations and covenants; because their avowed purpose is
to subvert our society, and subject us, not only to the loss
of our property but the destruction of ourselves, our wives
and our children, and the desolation of our homes, our altars,
and our firesides. To avoid these evils, we resume the
powers which our Fathers delegated to the Government
of the United States, and henceforth will seek new safeguards
for our liberty, equality, security and tranquility."
On motion of Mr. Nisbet, 10,000 copies of the report
were ordered to be printed in pamphlet form, for the use
of the Convention.
Mr. Moor, from the Committee on Enrolment, made the
following report:
The Committee on Enrolment report that they have enrolled
and have now ready for the signature of the President
the following ordinances, to-wit:
An ordinance to adopt certain laws of` the late United
States.
Also an ordinance to define certain offences against the
State of Georgia.
Whereupon the President signed, and the same were
deposited in the office of the Secretary of State.
Mr. Wofford offered the following resolution, which was
taken up, read, and adopted.
"Resolved, That the Pension Agent of the United States
for the State of Georgia be requested to exercise the usual
functions of his agency, until further instructed by this
Convention."
Mr. Johnson, from the Committee on Enrolment, made
the following report:
Mr. President:--I am instructed by the Committee on
Enrolment to report as duly enrolled--
An ordinance in relation to oaths.
An ordinance to make provisional postal arrangements in
Georgia, and
An ordinance in reference to lands heretofore ceded to the
late United States of America.
Whereupon the President signed, and the same were
deposited in the office of the Secretary of State.
Mr. Rice, from the Committee on the Constitution of the
State and the Constitution and Laws of the United States, to
whom was referred an ordinance in relation to the Circuit
and District Courts of the United States, reported the
following:
AN ORDINANCE
To abolish the Circuit and District Courts of the United
States for the District of Georgia, and to establish other
Courts in lieu thereof, and to continue in force certain
judgements and executions.
The people of Georgia in Convention assembled, hereby declare
and ordain,
That the Circuit and District Courts of the late United
States for the State of Georgia be, and the same are hereby
abolished as Courts of the said United States, and the
District Courts of the United States for the Northern and
Southern Districts of the State of Georgia are hereby
re-established as Courts of the independent State of Georgia,
with the same jurisdiction and powers as they had under
the laws of the United States, except so far as the same are
modified by the ordinances of this Convention.
2. The commissions of all the judges and officers of said
Courts are hereby terminated. And the Governor of this
State is hereby authorized to appoint and commission a
judge and other officers of said Courts to hold their
commissions until the further action of this Convention--the
said Judge to reside in or near the city of Savannah in this
State, and the said Judge shall receive at the rate of
twenty-five hundred dollars per annum as his salary.
3. The causes, civil and criminal, now pending in the
Circuit Court of the late United States of Georgia, are
hereby transferred to the District Court now hereby
established for the Southern District of Georgia, and the said
District Court shall have power to hear and determine the
same.
4. The causes, civil and criminal, now pending in the
District Courts of the Northern and Southern Districts of
Georgia are continued without prejudice in the said Courts
now hereby established; and the judgments and decrees
heretofore rendered therein, and the executions issued thereon,
shall lose no right, lien or validity by the operation of
this ordinance or the ordinance of secession, but shall
continue in force, as if the courts remained in existence, and
the stay law of the General Assembly of 1860 shall apply
to the judgments and proceedings of said courts.
5. No civil suits in favor of citizens of other States shall
be instituted in said Courts until the further orde r of this
Convention, except cases of admiralty and maritime
jurisdiction.
The report was taken up and agreed to, and the ordinance
having been twice read, was adopted.
Mr. Fleming laid upon the table the following ordinance,
which was read, and laid on the table till after the recess.
To alter and amend the first section of the third article of
the Constitution of Georgia.
The people of Georgia in Convention assembled do declare and
ordain,
That so much of the first section of the third article of
the Constitution of Georgia, as is in the following words, to
wit: "The Supreme Court shall consist of three Judges,
who shall be elected by the Legislature, for such term of
years as shall be prescribed by law, and shall continue in
office until their successors shall be elected and qualified,"
shall be stricken out, and the following inserted in lieu and
place thereof, to wit:
The Supreme Court shall consist of five Judges, who
shall be appointed by the Governor of the State, with the
advice and consent of two-thirds of the Senate, and shall
hold their office during good behavior.
And be it further enacted, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "And shall sit at least once a
year, at a time to be prescribed by law, in each of the five
judicial districts, to be hereafter laid off and designated by
the Legislature for that purpose, at the most central point
in each judicial district, or at such other point in each
district as shall, by the General Assembly, be ordained for
the trial and determination of writs of error from the several
Superior Courts included in each judicial district," shall
be stricken out, and the following inserted in lieu and place
thereof, to-wit: And shall sit at least twice a year at
Milledgeville; or wherever the Capitol of the State may be, for
the trial and determination of writs of error, from the several
Superior Courts of this State.
And be it further ordained, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "And the said court shall at
each session, in each district, dispose of and finally determine
each and every case on the docket of such court, at
the first term after such writ of error brought," shall be
stricken out, and the following inserted in lieu thereof, to-wit:
"And the said court shall, at each session, hear each
and every case on the docket, unless prevented by
Providential cause, and shall, in their discretion, dispose of and
finally determine the same, either at the first or second
term after such writ of error brought, and no decision shall
be pronounced orally, but each and every decision shall be
reduced to writing and submitted to the other Judges, or a
majority of them for correction and approval before it is
pronounced."
And be it further ordained, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "The Judges of the Superior
Courts shall be elected for the term of four years, and shall
continue in office until their successors shall be elected and
qualified," shall be stricken out, and the following inserted in
lieu thereof, to-wit: The Judges of the Superior Courts
shall be appointed by the Governor, with the advice and
consent of two-thirds of the Senate, and shall continue in
office during good behavior."
Mr. Hamilton laid on the table the following ordinance,
which was taken up, read twice, and adopted:
"In view of the present condition of the country, and
the alleged apprehension of foreign capitalists as to the
scarcity of capital invested in this State--
Be it ordained, That to encourage the manufacturing and
mining and other permanent improvements of this State,
this Convention does hereby declare it to be the fixed policy
of Georgia to protect all investments already made, or which
may be hereafter made by citizens of other States, in mines
or manufacturing in this State, and capital invested in any
other permanent improvement."
Mr. Bartow laid on the table the following resolution,
which was taken up, read, and adopted:
Whereas, Certain patriotic citizens of Georgia and South
Carolina placed in the service of the State large numbers
of their slaves, without remuneration, who were actively
and laboriously employed at Fort Pulaski for about two
weeks--
Be it resolved by the people of Georgia in Convention
assembled, That the Governor be requested to convey to each of
the gentlemen who contributed this force, the thanks of this
Convention for their patriotic action.
And be it further resolved, That the Governor be also
requested and authorized to make a suitable gratuity in money
to the slaves thus employed.
Mr. Bartow also offered the following:
"An ordinance concerning officers of the militia"--which
was read and laid on the table.
Mr. Singleton laid on the table the following resolution,
which was taken up, read, and agreed to:
"Resolved, That the Committee on Accounts, at their
earliest convenience, make a report providing for the pay of
delegates sent by this Convention to Montgomery, and
Commissioners sent to the Slaveholding States."
Mr. Whitehead's resolution relative to adjournment, and
the re-assembling of this Convention, was taken up and
read.
Mr. Whitehead moved to fill the blank therein with the
word "Savannah." The motion was lost. The word
"Macon" was also proposed, which was lost. The blank
was then filled with the word "Milledgeville," and the
resolution was adopted.
Mr. Toombs, from the "Committee on Federal Relations,"
to whom was referred the consideration of appointing a
Commissioner from Georgia to Kentucky, reported that the
committee recommended the appointment of the Hon.
W. C. Daniell to that State.
The report was taken up and agreed to.
Mr. Means offered the following resolution, which was
taken up, read, and agreed to:
"Resolved, That the, Convention signify its purpose to
encourage, cherish, and advance, by all legitimate means in
their power, all the important home institutions within their
limits, whether literary, scientific, mechanical, agricultural,
or professional, that they may aid in developing as far as
practicable, the moral and intellectual resources of the State
to sustain her present, and advance her future fortunes."
Mr. Glenn, of Fulton, offered the following preamble and
resolutions:
Whereas, Information has been communicated to this
Convention of the death of the Hon. Charles Murphy, a
delegate elect from the county of DeKalb, which occurred
at his residence on the morning of the 16th instant.
Be it resolved unanimously, That this Convention do hereby
sympathize with the family of the deceased in their sad
bereavment, and deeply regret the loss of his services to the
State and country.
Resolved, That the Secretary furnish a certified copy of
this resolution to the family of the deceased.
The same were taken up, read, and made the special order
for the afternoon of this day.
The President laid on the table the following communication
from the Hon. Thomas Y. Simons, chairman of the
Committee on Engrossed Ordinances and Resolutions of the
South Carolina Convention, which was taken up and read:
CHARLESTON, January 22, 1861.
To the Honorable the President of the Convention of the people
of Georgia:
SIR:--I have the honor herewith to transmit to you, for
the use of the distinguished body over which you preside,
printed copies of the following documents, adopted by the
people of South Carolina, in convention assembled, to-wit:
1. The declaration of the immediate causes which induce
and justify the secession of South Carolina from the Federal
Union, and the ordinance of secession.
2. The address of the people of South Carolina, assembled
in convention, to the people of the Slaveholding States
of the United States.
3. Report on the address of a portion of the members of
the General Assembly of Georgia.
4. Reports and resolutions providing for commissioners
to the Slaveholding States.
5. The correspondence between the Commissioners of the
State of South Carolina to the Government at Washington,
and the President of the United States.
The noble position which Georgia has taken in the
maintenance of constitutional guarantee and right, has cheered
the hearts and nerved the arms of our people in their defence.
In the earnest hope that our respective commonwealths,
having cast aside the yoke of a hostile section, and resumed
their separate independence, may soon be united with their
sisters of the South in a Confederacy having similar institutions
to protect, and similar interests to promote, and
which may forever stand forth as at once the emblem and
the realization of a government of liberty without licence,
of law without oppression, and of philanthrophy without
fanaticism,
I am, with the highest regard and esteem,
Your obedient servant,
THOMAS Y. SIMONS,
Chairman Committee on Engrossed Ordinances and
Resolulutions.
The Convention then adjourned till 4 o'clock this afternoon.
4 O'CLOCK P. M.
Mr. Briscoe, from the committee to obtain the services of
a suitable clergyman to officiate by opening the daily sessions
of this Convention with prayer, offered for adoption
the following resolution:
"Resolved, That the thanks of this Convention are due,
and are hereby tendered to the Rev. William Flinn and the
Rev. H. J. Adams (residents in this city) for their acceptable
services to this Convention."
The resolution was taken up, read, and unanimously
adopted.
Mr. Hill, of Troup, moved to reconsider so much of the
resolution adopted this morning relative to the re-assembling
of this Convention at "Milledgeville," after the recess.
The President decided that the motion was out of order.
Mr. Hill appealed from the decision of the Chair. The
appeal was sustained by the Convention.
Whereupon, Mr. Hill moved to take up the resolution,
to strike out "Milledgeville" and insert "Savannah," upon
which motion the yeas and nays were demanded to be
recorded.
An Ordinance to protect investments of Foreign Capital.
All of which were signed by the President, and deposited
in the office of the Secretary of State.
Mr. Hill of Troup, offered the following resolution, which
was taken up, read, and agreed to:
"Resolved, That the delegates to this Convention, from
the county of Chatham, be, and they are hereby requested
and authorized to make all suitable arrangements for the
sittings of this Convention when it shall assemble after the
recess in the city of Savannah."
Mr. Clarke of Dougherty, offered the following resolution,
which was taken up, read and agreed to.
"Resolved, That His Excellency, the Governor, be, and he
is hereby authorized to advance to our Commissioners to
the several States, and the members of the State to the
Montgomery Convention, such sums as, in his discretion
may be necessary, and to draw his warrant on the Treasury
for the same."
Mr. McLeod of Wilcox, laid on the table a preamble and
resolution, which was taken up, read and referred to the
Committee on Foreign Relations.
Mr. Glenn of Fulton, offered the following resolution:
"Resolved, That His Excellency, the Governor, be, and he
is hereby requested to order an election for a delegate from
the county of DeKalb, to fill the vacancy occasioned by the
death of the Hon. Charles Murphy, deceased, or any other
vacancy that may occur after giving ten days notice for said
election."
The resolution was taken up, read and adopted.
Mr. Bartow offered the following resolution:
"Resolved, That the Messenger and Door Keeper of this
Convention be allowed each, eight dollars a day, as their
compensation, and that the assistant Door Keeper be allowed
two dollars a day while on duty."
The resolution was taken up, read and adopted.
The special order of the afternoon, to-wit:
The preamble and resolution offered by Mr. Glenn of
Fulton, relative to the death of the Hon. Charles Murphy,
a delegate elect, from the county of DeKalb, was taken up,
read, and unanimously adopted.
On motion of Mr. Kenan, the Convention then adjourned,
subject to the call of the President, or in the event of his
resignation or death, to the call of the Governor, in
accordance with the resolution adopted this afternoon.
Mr. Bartow,from the Committee on Military Affairs, made
the following reports:
First:--
AN ORDINANCE
Concerning Officers of the Army and Navy.
Whereas, certain officers of the Army and Navy of the
United States, citizens of the State of Georgia, impelled by
patriotic motives, have already resigned their appointments,
and tendered their services to the State; and whereas, others
desire to make the same tender.
Be it ordained, by the people of Georgia, in Convention
assembled,
That all such officers who have resigned for the purpose
aforesaid, or have made such offer, and all those on the active
list who may resign and make such tender of service
within such time as circumstances may admit, shall be received
into the service of the State, and shall be appointed and
commissioned by the Governor, to the same relative rank
in the Army and Navy of Georgia, which they held under
the Government of the United States, and shall receive the
same pay from their entrance into service as they were entitled
to at the time of their resignations.
Provided, That such commissions shall not extend beyond
the time at which a Government of the Southern Seceding
States shall be established, and provided further, that the
Governor of this State shall employ such officers in the service
to which they may be respectively attached, in such a
manner as in his judgment the public exigences may require.
Second:
AN ORDINANCE
To provide for the public defence.
Be it further ordained by the People of the State of Georgia, in
Convention assembled,
That the Governor of this State is hereby authorized to
raise and equip a regular military force, and to employ the
same in such defensive service as the public security in this
or neighboring States may demand. Such regular force
shall not exceed two regiments of infantry, or infantry and
artillery in such proportion as the Governor may direct.
The Governor as Commander-in-Chief, shall appoint and
commission the necessary officers for these forces, selecting
as far as practicable, officers of the United States Army, who
may have entered the service of this State, according to
their relative rank, but all such commissions may be revoked
whenever a Government shall be established by the
Southern States to which Georgia shall accede.
And be it further ordained, That for the regulation of all
military matters, not otherwise provided for by the laws of
this State, the articles of war, and the army regulations declared
and established by the United States Government, as
lately existing, are hereby adopted as far as applicable to
the present condition of this State.
Third:
Resolved, That the Governor be authorized to purchase
for the defence of the sea-board of Georgia, two propeller,
or other steamers, and two sailing vessels, of light draft, to
be armed and manned in such manner as their tonnage and
capacity may require.
The reports were severally taken up, read, and made the
special order of the day to-morrow.
The special order of the day, to-wit: the Resolutions and
Reports of Mr. Bartow from the Committee on Military
affairs, were taken up for consideration:
On motion of Mr. Bartow, the Resolution authorizing
the Governor to purchase, for the defence of the State,
two propeller or other steamers, and two sailing vessels,
was taken up, and, on his motion recommitted and amended
by inserting the words "or procure," after the word
"purchase;" striking out the word "two" and inserting "three;"
and striking out the words "and two sailing vessels."
He also moved to amend the same by inserting the following
additional Resolution:
Resolved, That the Governor be requested to contract
with the Cuba Telegraph Company, for the construction of
branch lines from the mainland to Brunswick, and such
other place on the coast as may be expedient for the use of
the State.
The amendments were received, and the Resolutions as
amended were adopted.
Mr. Bartow then moved to take up the Ordinance for the
public defence. On his motion the same was recommitted
for amendment, when he offered the following, to add to
the second section the words:
"The officers and enlisted men raised by this Ordinance
shall receive the same pay and emoluments as are provided
for similar service by the Laws of the United States."
The amendment was received and the Ordinance was
read twice and adopted.
He then moved to take up the Ordinance concerning
officers of the Army and Navy, and recommit the same for
amendment.
The Ordinance was amended by striking out the first
proviso, to-wit: "Provided, That such Commissions shall
not extend beyond the time at which a Government of the
Southern seceding States shall be established."
The amendment was received and the Ordinance having
been read twice was adopted.
Mr. Bartow, from the Committee on Military affairs, also
reported the following Resolutions, which, on his motion,
were taken up, read, and adopted, to-wit:
"Whereas, The present attitude of the State of Georgia
requires that she should be put immediately in a state of
defence, and this military preparation demands prompt
action and sound organization, both for efficiency and
economy.
Be it Resolved, That the Governor be, and he is hereby
empowered to employ such a military staff as may be
necessary for effecting an organization, and introducing a
sound system of administrative accountability.
Be it further Resolved, That these appointments shall be
temporary, until such time as the Southern seceding States
shall establish a Government, and provide a Military
Establishment for their common defence, and that the officers
so appointed shall keep their offices at such points, to be
stationed in such manner as the Governor and
Commander-in-Chief may direct."
On motion of Mr. Bartow the foregoing Ordinances and
Resolutions were ordered to be enrolled, and when signed
by the President, to be delivered to the Governor.
PROCEEDINGS OF THE CONVENTION,
AT SAVANNAH
In Open Session.
SAVANNAH, GEORGIA,
March 7th, 1861.
The Convention, in accordance with the Proclamation
of the President, under its resolution at Milledgeville to
take a recess, met this day at the hour of 12 o'clock, M., in
this city, and was opened with prayer by the Rev. Mr.
Caldwell.
A quorum being present, the journal of its last day's
proceedings at Milledgeville was read.
Mr. Hood offered the following resolution:
Resolved, That the President of this Convention do take
the following oath: "I do solemnly swear that I will support,
maintain, and defend the Constitution of the Provisional
Government of the Confederate States of America to
the best of my ability, so help me God"--before the Hon.
William B. Fleming, Judge of the Superior Courts of the
Eastern District; and that, thereupon, the President
administer the same oath to each of the members of this
Convention, the Secretary and assistant Secretary.
The resolution was taken up, read and disagreed to.
Mr. Smith, of DeKalb, offered the following resolution,
which was taken up, read, and adopted.
Resolved, That the name of P. F. Hoyal be enrolled as a
member of this Convention, and that he be allowed to take
his seat in the same.
Mr. Saffold offered the following resolution, which was
taken up, read and adopted:
Resolved, That the Messenger of the Convention be
authorized to distribute, in equal proportion, to each member
of the Convention, the printed address of the "Committee
of seventeen."
Mr. Hamilton, of Lumpkin offered the following
resolution:
Whereas, It will become necessary for the Confederate
States of America to select a location for a National Capitol.
Be it, therefore,
Resolved, That the Governor of this State be, and he is
hereby authorized to furnish, free of charge, any such location
that might be made in this State.
The resolution was taken up, read and lost.
Mr. Garvin, from a minority of the Committee on Reduction
of the General Assembly, offered the following as
a substitute for the previous report of said Committee,
to-wit:
AN ORDINANCE
To alter the 3d and 7th sections of the 1st Article of the
Constitution of the State of Georgia.
"The Senate shall consist of forty members; four from
each Senatorial District. There shall be ten districts
arranged as follows:
The First District shall be composed of the counties of
Appling, Bryan, Bulloch, Chatham, Camden, Charlton,
Clinch, Coffee, Effingham, Emannel, Glynn, Liberty,
McIntosh, Montgomery, Pierce, Scriven, Telfair, Tatnall, Ware,
and Wayne.
The Second District shall be composed of the counties of
Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly,
Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes,
Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and
Worth.
The Third District shall be composed of the counties of
Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman,
Stewart, Sumter, Schley, Taylor, Talbot and Webster.
The Fourth District shall be composed of the counties of
Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens,
Putnam, Pulaski, Twiggs, and Wilkinson.
The Fifth District shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
The Sixth District shall be composed of the counties of
Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan,
Newton, Oglethorpe, Taliaferro, and Walton.
The Seventh District shall be composed of the counties
of Butts, Clayton, Fayette, Henry, Meriwether, Monroe,
Pike, Spalding, Troup, and Upson.
The Eighth District shall be composed of the counties of
Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralalson,
Heard, Paulding, and Polk.
The Ninth District shall be composed of the counties of
Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham,
Hall, Jackson, Lumpkin, Milton, Pickens, Rabun, Towns,
Union, and White.
The Tenth District shall be composed of the counties of
Cass, Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon,
Gilmer, Murray, Walker, and Whitfield.
At the first election held under this Ordinance there shall
be four Senators elected from each Senatorial District, two
of whom shall hold their office for two years, and two for
four years, and the first Senators elected for each District,
shall be divided into two classes by lot, as soon as the
Senate shall convene and organize.
At every subsequent election which shall be held biennially,
each district shall elect two Senators, who shall
hold their office for four years. After each future enumeration
of the inhabitants of the State, made under the Laws
and Constitution thereof, the General Assembly, at its next
session, may arrange the foregoing Senatorial Districts in
such manner as will, as nearly as practicable, give to each
an equal representative population.
The House of Representatives shall be elected biennially,
and shall consist of one hundred and thirty-two members;
each county shall have one representative.
These amendments shall be subinitted for ratification to
the people of this State, at an election to be holden on the
first day of July next, which shall be managed and conducted
in the usual manner now established by law. Each
voter shall endorse on his ticket the words, "Ratification"
or "No Ratification." The managers in each county shall
make returns in the manner now prescribed, to His Excellency
the Governor, who shall add up all the returns, and
by proclamation on or before the first of August next ensuing
announce the result. If a majority of votes be given
for ratification, the election in October next for members of
the General Assembly shall be held according to this
amendment, and the Governor shall so announce in his said
proclamation.
The report was taken up, and read, and 500 copies
ordered to be printed.
Mr. Shropshire, of Floyd, moved to commit the foregoing
to the Committee on Reduction, and also, to recommit
the original report and substitute to the same Committee.
The motion was agreed to.
Mr. Bell of Forsyth, offered the following resolution:
Resolved, That the people of Georgia in Convention
assembled, most heartily approve the election by the Congress
at Montgomery, of the Hon. Jefferson Davis to the
Presidency, and the Hon. A. H. Stephens to the Vice Presidency
of the Provisional Government of the Confederate
States of America, the duties of which position their distinguished
public services, and acknowledged abilities eminently
qualify them to discharge.
The resolution was taken up, read, and unanimously
adopted.
On motion of Mr. Crawford of Greene, the Secretary of
the Convention was directed to transmit a copy of the
foregoing to the Congress of tle Confederate States of
America.
Mr. Johnson of Clayton, offered the following resolution,
which was taken up, read, and agreed to.
Resolved, That Reporters of newspapers be allowed seats
on the floor of this Convention, when in open session, and
that the Door Keeper and Messenger provide seats for the
same.
Mr. Tidwell offered the following resolution, which was
taken up, read, and agreed to:
Resolved, That Dr. P.F. Hoyal, a delegate elect, from the
county of DeKalb, to fill the vacancy occasioned by the
death of the Hon. Charles Murphy, be allowed to sign the
Ordinance of Secession, as a delegate from said county of
DeKalb.
The President laid upon the table communications from
the Governor of New York, in reference to the resolution
of this Convention in relation to the seizure of Fort Pulaski,
and from the Governors of Maryland and Alabama,
acknowledging the receipt of a copy of the Ordinance of
Secession of this State, which were read by the Secretary.
The President also laid upon the table communications
from Dr. Wm. C. Daniell, the Commissioner from this State
to the State of Kentucky; and from D. C. Campbell, Esq.,
the Commissioner from this State to the State of Delaware;
which were read by the Secretary.
The Convention then adjourned till 11 o'clock, to-morrow
morning.
FRIDAY, MARCH 8, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Landram.
A quorum being present, the journal of yesterday was
read.
Mr. Crawford, of Greene, offered the following preamble
and resolution, which were read:
Whereas, During her connection with the late United
States, the State of Georgia was dependent upon the Northern
States for her school books, and this dependence still
continues; and whereas, it is important that, in all matters
pertaining to education, the South should be independent of
her late confederates. Therefore, to aid in effecting this
desirable object--
Be it resolved by the Convention of the people of Georgia, That
His Excellency, the Governor, be requested to offer a prize
of five hundred dollars each for the following works, to be
written or compiled by citizens resident in the Confederate
States of America, viz: A Spelling Book for the use of
Common Schools; an Arithmetic; an English Grammar;
a Geography, and two Reading Books, one for beginners,
and one for more advanced scholars; the prize to be awarded
by a committee appointed by the Governor, and the
books selected to be published and printed within the
Confederacy, and the copy right to be owned or disposed of by
the authors or compilers of the several books.
Mr. Robertson, of Wilkes, offered the following resolution,
which was read:
Resolved, That the Governor be requested to communicate
to the Convention what provision he has made for the
defence of the State against invasion; the number and character
of the arms distributed, and at what points, and the
amount which has been expended for the same.
Mr. Benning offered the following propositions as a
substitute for the third and seventh sections of the first article of
the Constitution of Georgia:
The Senate shall consist of thirty-two members; four
for each Congressional district, as it shall exist at the time
of their election. Each Congressional district shall, by its
elections biennially on the first Wednesday in October next,
elect its four members in the mode prescribed by the present
law, until that law may be changed by the Legislature.
The House of Representatives shall consist of sixty-four
members, eight for each Congressional district, as it shall
exist at the time of their election. Each Congressional
district shall, by its electors, biennially, on the first Wednesday
of October, elect its eight members, in the mode prescribed
by the present law, until that mode may be change
by the Legislature.
And on Mr. Benning's motion the same was referred to
the "Committee on the Reduction of the General Assembly."
Mr. Rice, of Cobb, offered the following resolution which
taken up and read:
Resolved, That a committee of seven be appointed to examine
into the condition of the defences of the city of Savannah
and its approaches; to inquire what additional
defence, if any, may be necessary, and to report to the
Convention at the earliest possible day.
Mr. Styles moved to lay the same upon the table for the
balance of the session--pending which,
On motion of Mr. Varnadoe, the resolution was laid on
the table for the present.
Mr. Hood laid on the table the following ordinance, which
was read, and, on his motion, was referred to the
"Committee on the Constitution of the State, and the Constitution
and Laws of the United States:"
AN ORDINANCE
In relation to citizens of Georgia holding offices under the
Government of the late United States.
1st. Be it ordained by the people of Georgia in Convention
assembled,
That from and after the passage of this ordinance, any
person who now resides in Georgia, or who was at the date
of his appointment a citizen of Georgia, or who received his
appointment as a citizen of Georgia, and who now holds
any office or appointment under the Government of the
late United States, either civil or military, of honor or profit,
(other than persons connected with the postal service, and
who actually reside in, and perform the service within the
limits of the State,) and who shall not resign the office or
appointment so held within ten days after a knowledge of
the passage of this ordinance, shall forfeit his citizenship,
and shall never hereafter be a citizen of this State.
2nd. Be it further ordained, That in the event of a hostile
demonstration by the Government of the late United States
against the Confederate States of America, or any one of
them, then, and in that event, all property or estate, real
or personal, belonging to any such officer, civil or military,
who shall have continued to adhere to the said government
of the United States, after notice as herein before provided
for, shall forever forfeit all of his said estate, real or personal,
to the State of Georgia; the said property to be
forfeited and confiscated in any county in which the said
property, or any portion of it, may be situate--the same to
be forfeited in an action in the nature of an information--
one half thereof to the State, and the other half to the informer.
3rd. Be it further ordained, That in the event no person
shall make information thereof, it shall be the duty of the
Grand Jury of the county to enquire into the matter, and
require the Attorney or Solicitor General of the circuit to
prosecute the same to judgment, and, in that event, one half
thereof shall go to the county, and the other half to the
State.
4th. Be it further ordained, That should the question of
notice as prescribed for in the first section of this ordinance
arise, it shall not be necessary to prove actual notice to the
said officer, but it shall be held and construed to mean ten
days after reasonable time shall have elapsed to receive
such information by due course of mail.
Mr. Styles offered the following resolution, which was
taken up and read:
Resolved, That the Secretary be instructed to appoint a
page for the convenience of this Convention.
Mr. Fouche moved to insert "two pages" instead of "a
page."
The motion was lost.
The motion to adopt the resolution was also lost.
The ordinance offered by Mr. Fleming "to alter and amend
the first section of the third article of the Constitution of
Georgia," was taken up, and, on motion of Mr. Ramsey,
was referred to the "Committee on the Constitution and
Laws of the State, and the Constitution of the United
States."
The report of Mr. Clarke, from the "Committee on the
Constitution and Laws of the State, and the Constitution
of the United States," to-wit: A preamble and resolutions
in relation to, reprisals--was taken up and recommitted to
the same committee.
The report of Mr. Cobb, from the Commmittee on the
"Constitution and Laws of the State, and the Constitution
of the United States," to-wit: The "Bill of Rights"--was
taken up, and, on motion, was postponed for the present.
Mr. Anderson's preamble and resolutions in relation to
"Direct Trade,"was taken up, and on motion of Mr. Styles,
was postponed for the present.
Leave of absence was granted to Messrs. Porter, Bailey,
and Wofford for a few days.
On motion of Mr. Rice, the Convention then went into
secret session, and having spent some time therein, the
Convention adjourned till eleven o'clock to-morrow
morning.
SATURDAY, MARCH 9, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present the journal was read.
On motion, the journal of yesterday when in secret session,
was read, secrecy having been removed from the proceedings
of the Convention of that day.
The President announced the following committee in accordance
with the resolution of Mr. Rice adopted on yesterday
relative to the defence of Savannah, and its approaches,
to-wit:
Messrs. Rice, Varnadoe, Burnett, Gaulden, Williams, of
McIntosh, Giles, and Alexander, of Upson.
The President laid on the table a communication from
Messrs. Toombs, Nisbet, Stephens, Bartow, Hill, and Cobb,
delegates to the Congress at Montgomery, and members of
this Convention explanatory of their absence.
He also laid on the table a communication from General
John W. A. Sanford, Commissioner from Georgia to Texas,
which, was read, and on motion of Mr. Alexander, of Upson,
was laid on the table.
Mr. Varnadoe offered the following preamble and resolution,
which were taken up and read:
Whereas, General David E. Twiggs, late of the United
States Army, actuated by a sense of duty and patriotism,
and in obedience to the allegiance due his native State,
delivered upon demand to the regularly constituted authorities
of the independent State of Texas, all the property of
the late United States Government under his control, and
ordered its troops beyond the borders of said State.
Resolved, That this Convention indorse, approve, and
ratify his conduct in the premises, and recognize in him a
brave and honorable soldier, and a worthy and patriotic son
of Georgia.
Mr. Alexander, of Upson, offered the following amendment
to the foregoing:
Resolved, That neither General Twiggs, nor Colonel
Hardee, requires any vindication among their old friends
and neighbors in Georgia. Their defence may be found
written by the point of the sword upon the battle-fields of
their country, and upon the scarred forms of her enemies;
yet this Convention but yields to a natural impulse when
it expresses the scorn with which the people of Georgia
look upon all attempts on the part of an abolition press, and
a venal and fanatical government to tarnish their fame, and
to filch from them the rewards of long lives of glorious
deeds and heroic doings.
The amendment was received, and the resolution, as
amended, was unanimously adopted.
Mr. Tidwell, from the Committee on Military Affairs,
made the following report:
Whereas, by an ordinance passed by this Convention, Officers
of the Army and Navy of the late United States, were
to be received upon their resignation, into the Army of
Georgia, with the same rank and pay. In conformity with
this ordinance,Major Myers, a Paymaster in the Navy of the
late United States, was appointed Paymaster by the Governor,
and transferred to the Pay Department of the Army
of Georgia:
And whereas, by an Act passed by the Congress of the
Confederate States, organizing the Staff of the Army, no
mention is made of Paymasters; Quarter-masters, by this
act, are to do the duties of Paymasters. We, therefore,
recommend Major Myers for the position of Quarter master
in the Army of the Confederate States, with the rank as
held by him in the Army of Georgia; and that the Secretary
of this Convention be instructed to forward a copy of
this recommendation to the Secretary of War.
The report was taken up, read and adopted.
Mr. Tidwell offered the following resolution, which was
taken up and read:
Resolved, That the thanks of this Convention, are due
and hereby tendered to R. R. Cuyler, the President of the
Central Railroad, together with the Directors thereof, for
their kindness and liberality in presenting to the delegates
and officers of this Convention, free tickets over said road, to
and from the city. Also to the city authorities for their
liberality and kindness in furnishing the Convention with
the large and comfortable Hall which it now occupies.
Resolved, That said President and Directors, with the
Mayor and Aldermen of the city of Savannah, be invited to
seats in this Convention.
Resolved, That the Secretary give to the said President
and Mayor notice of these resolutions.
Various amendments to the same were offered by Messrs.
Hood, Garvin, and Gaulden, pending the consideration of
which, on motion, the resolutions and amendments were
referred to a committee of five to report thereon, to-wit:
Messrs.Tidwell,
Garvin,
Hood,
Gaulden and
Martin of Elbert.
The resolution of Mr. Crawford, of Greene, laid on the
table on yesterday, relative to school books of the Confederate
States of America , was taken up and read.
Mr. Fouche offered the following as a substitute for the
same, to-wit:
Whereas, the frequent change of text-books in our schools,
is not only a source of great and unneccessary expense to
the people of this State, but has a manifest tendency to retard
the progress of pupils in acquiring the elements of a
sound and practical education; and has afforded the means
to the enemies of our institutions, of driving a profitable
trade in books, which are often made the vehicles for
imposing upon the unsuspecting and untrained minds of the
young, their absurd theories and dogmas upon the subject
of African equality, and the sinfulness of African slavery--
therefore,
Be it resolved by the people of Georgia in Convention assembled,
1st. That a Board of Commissioners to consist of seven
members, be appointed by the Governor, with the advice
and consent of two-thirds of the Senate, at the next session
of the General Assembly of this State, whose duty it shall
be to select, compile, or compose, a complete series of text
books, in every department of literature and science, which
upon being examined and approved by the Governor and
two-thirds of the Senate, shall be adopted as text books in
all the Schools, Academies, and Colleges in this State.
2d. That no teacher in this State, shall be entitled to
participate in any public fund now existing, or hereafter to
be raised in this State, or any county thereof, for education
al purposes, unless said teacher shall have adopted and used
the text books provided for in the foregoing resolution.
3rd, That a copy of this Preamble and Resolutions be
sent to his Excellency the Governor, with a request to
bring the the same to the attention of the General Assembly
at the opening of its next session, in order that the
proper steps may be taken by that body for carrying into
effect the measures herein set forth.
On motion of Mr. Crawford of Greene, the foregoing
substitute and original Preamble and Resolutions, were
referred to a Committee of seven, to report thereon, to-wit:
Messrs. Crawford of Greene,
Fouche,
Means,
Munnerlyn,
Rice,
Hull, and
Saffold.
Mr. Wofford offered the following Preamble and Resolutions,
which were taken up, read, and adopted:
Whereas, Under the Government of the United States
prior to the secession of Georgia there has been annually
paid to the Pensioners resident in said State a sum of
money amounting to about twenty-three thousand dollars:
1st, Resolved, That this Convention urge the Congress of
the Confederate States to make immediate provision for the
payment of the Pensioners resident in this State, the
amounts heretofore allowed them by the Government of
the United States.
2nd, Resolved, That the Secretary communicate the
above to the Congress of the Confederate States.
Mr. Shropshire of Floyd, from the Committee on Reduction
of the General Assembly of this State, to whom was
committed, and recommitted, all the measures proposed in
the Convention for that purpose, reported the following:
To alter and amend the 3rd, 4th, 7th, and 8th Sections
of the 1st Article of the Constitution of the State of
Georgia, and for other purposes.
1st, Be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained and Declared, by the
authority of the same,
That from and after the adoption of this Ordinance, the
third Section of the first Article of the Constitution of this
State, shall be so altered and amended, as to read as
follows, to-wit:
Each Congressional District in this State shall be
known as a Senatorial District, by the same number which
designates it as a Congressional District. The Senate of
Georgia shall be composed of forty Senators and no more;
five to be chosen from each of said Districts by the legally
qualified voters thereof, biennially, on the first Wednesday
in October, until the day of election is altered by law.
2nd, Be it further Ordained, by the authority aforesaid,
That the fourth Section of the first Article of the Constitution
of Georgia shall be so altered and amended as to read
as follows, to-wit:
No person shall be a Senator who shall not have attained
to the age of twenty-five years, and been five years a citizen
of this State, and shall have usually resided within
the district from which he shall be returned, at
least one year immediately preceding his election, except
persons who have been absent on lawful business of this
State, or of the Confederate States of America.
3rd, Be it further Ordained, That the seventh Section of
the first Article of the Constitution of this State shall be so
altered and amended, as to read as follows, to-wit:
The House of Representatives shall be composed of
eighty-five members, and no more. Eleven from the first
Congressional District; thirteen from the second District;
ten from the third District; eleven from the fourth District;
twelve from the fifth District; ten from the sixth
District; nine from the seventh District; and nine from the
eighth District. Said members to be elected, biennially, by
the legally qualified voters of each District, respectively,
on the first Wednesday in October, until the day of election
is altered by law.
4th, Be it further Ordained, That the eighth Section of
the first Article of the Constitution of this State be so
altered and amended as to read as follows, to-wit:
No person shall be a Representative who shall not have
attained the age of twenty-one years, and have been a citizen
of the State of Georgia five years, and have usually
resided in the District in which he shall be chosen one year
immediately preceding his election, unless he shall have
been absent on the public business of this State, or of the
Confederate States of America.
5th, Be it further Ordained, That the foregoing alterations
and amendments shall not be so construed as to vacate
the commission of any member of the present General
Assembly of Georgia.
The Report was taken up and read, when Mr. Shropshire
of Floyd moved to print 500 copies of the same for
the use of the Convention.
Mr. Hansell moved to lay the Report on the table till
the 25th day of December next.
Upon which motion a discussion ensued, pending which,
on motion of Mr. Hansell, the Convention adjourned till
eleven o'clock Monday morning.
MONDAY, MARCH 11, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Clarke.
A quorum being present, the journal was read.
The unfinished business of Saturrday, to-wit: the
consideration of Mr. Harvell's motion to lay upon the table,
until the 25th day of December next, the report of Mr.
Shropshire of Floyd, from the "Committee on Reduction
Wilkes, Burnett, of Clay, Ellington, of Quitman, and
Buchanan, of Early.
The Convention then adjourned till eleven o'clock,
to-morrow morning.
TUESDAY, MARCH 12,1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Porter.
A quorum being present, the journal was read.
The President laid upon the table a communication from
the Hon. Charles C. Jones, Mayor of the City of Savannah,
and from Col. A. R. Lawton, Commanding at Fort Pulaski,
inviting this body to visit that Fort, and advising it that a
steamer was provided for that purpose.
The communications on motion of Mr. Whitehead, were
taken up and read, when Mr. Alexander, of Upson, offered
the following resolution:
Resolved, That this Convention accept the invitations of
the city authorities of Savannah, and of Col. Lawton, in
command at Fort Pulaski, to visit that Fort, and that the
Convention would indicate Thursday next at 9 o'clock
A.M. as the time for said visit.
Resolved, That the Secretary of this Convention communicate
this acceptance to the city authorities, and to Col.
Lawton.
Mr. Fouche offered the following ordinance which was
read:
AN ORDINANCE
To transfer to the Government of the Confederate States of
America, the occupancy and use of the Forts and Arsenals
in this State, and also to turn over to said Government,
the arms and munitions of war, found in said Forts and
Arsenals at the time of their occupancy by the authorities
of this State, and for other purposes.
SECTION 1st. Be it ordained by the people of Georgia, in
Convention assembled, That the direction and management
of all military affairs in this State, looking to the common
defence of this State, and the other States of the Confederate
States of America, against any attack upon them, or
any of them, by any foreign power, shall be and is hereby
transferred to the Government of the Confederate States of
America.
SEC. 2d. Be it further ordained, That the Governor of this
State be, and he is hereby authorized and directed to transfer
to the Government of the Confederate States of Ameriall
arms and munitions of war, acquired from the late
United States, in the Forts and Arsenals in this State, together
with the possession, occupany, and use of said Forts
and Arsenals and their appurtenances; and he is hereby further
authorized to make the same disposition of any arms or
munitions of war belonging to this State, muskets, rifles, and
other small arms excepted, taking proper vouchers for all
the said arms, munitions of war, arid other property so
transferred.
Messrs. Styles, Spencer, Benning, and Hudson, severally
laid upon the table amendments to the report of the Committee
on Reduction of the General Assembly, which were
read.
Mr. Styles laid on the table the following ordinance and
and resolution, which were read:
AN ORDINANCE
To appropriate money for the use of the Confederate States
of America.
SECTION 1st. Be it ordained by the people of Georgia in
Convention assembled, and it is hereby ordained by the authority of
the same, That his Excellency the Governor, be and he is
hereby authorized and required to tender to the Government
of the Confederate States of America, the sum of five hundred
thousand dollars to be placed in the Treasury of said
Government as a common fund for such purposes as circumstances
and the exigencies of the time may demand.
SEC. 2d. Be it further ordained, That for the purpose of
carrying out the foregoing section, his Excellency be further
authorized to issue the bonds of the State in such sums
and payable at such time as he shall deem most expedient,
bearing seven per centum interest, payable annually.
Resolved, That his Excellency the Governor, be and he
is hereby authorized and instructed to furnish side arms to
all officers of Military Companies, who have or who may
hereafter draw arms from the State.
Mr. Styles offered the following resolution which was
read, and laid on the table.
Resolved, That all the plans for the reduction of the
Legislature, be printed and referred to the people, and that
we recommend that a Convention be held on the 4th day
of July next, to consider the same.
Mr. Warner offered the following resolution, which was
taken up, read, and laid on the table.
Resolved, That the various propositions reported for the
reduction of the members of the Legislature, be recommitted
to the committee with instructions to report the substitute
offered by the delegate from Richmond, for the majority
report of the committee.
The regular order of the day, to-wit: the unfinished business
of yesterday, being the report of the Committee on
Reduction, was taken up, the question being on Mr. Shropshire's,
(of Floyd) motion, to print 500 copies of the same.
The motion was withdrawn, when Mr. Johnson, of Clayton,
offered the following resolution:
Resolved, That the question of reduction of the General
Assembly, be made the special order for to-morrow, 12 o'clock.
M., and that 300 copies of the report of the committee, and
the substitute to the same, together with all the amendments,
be printed for the use of the Convention.
The resolution was read.
The report of the committee was then taken up by sections.
The first section having been read, Mr. Garvin moved to
amend the same, by striking out all after the words "no
more," and inserting the following:
Four from each Senatorial District. There shall be ten
districts, arranged as follows:
THE FIRST DISTRICT shall be composed of the counties of
Appling, Bryan, Bulloch, Chatham, Camden, Charlton,
Clinch, Coffee, Effingham, Emanuel, Glynn, Liberty,
McIntosh, Montgomery, Pierce, Screven, Telfair, Tatnall,
Ware, and Wayne.
THE SECOND DISTRICT shall be composed of the counties
of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly,
Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes,
Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and
Worth.
THE THIRD DISTRICT shall be composed of the counties
of Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman,
Stewart, Sumter, Schley, Taylor, Talbot, and Webster.
THE FOURTH DISTRICT shall be composed of the counties
of Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens,
Putnam, Pulaski, Twiggs, and Wilkinson.
THE FIFTH DISTRICT shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
THE SIXTH DISTRICT shall be composed of the counties of
Clark, Elbert, Franklin, Green, Hart, Madison, Morgan,
Newton, Oglethorpe, Taliaferro, and Walton.
THE SEVENTH DISTRICT shall be composed of the counties
of Butts, Clayton, Fayette, Henry, Merriwether, Monroe,
Pike, Spalding, Troup, and Upson.
THE EIGHTH DISTRICT shall be composed of the counties
of Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralson,
Heard, Paulding, and Polk.
THE NINTH DISTRICT shall be composed of the counties
of Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham,
Hall, Jackson, Lumpkin, Milton, Pickens, Rabun,
Towns, Union, and White.
THE TENTH DISTRICT shall be composed of the counties
of Cass, Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon,
Gilmer, Murray, Walker, and Whitfield.
At the first election held under this ordinance, there shall
be four Senators elected from each Senatorial District,two of
whom shall hold their office for two years, and two for four
years; and the first Senator elected for each district, shall
be divided into two classes by lot, as soon as the Senate
shall convene and organize. At every subsequent election
which shall be held biennially, each district shall elect two
Senators who shall hold their office for four years. After
each future enumeration of the inhabitants of the State,
made under the laws and constitution thereof, the General
Assembly, at its next session, may re-arrange the foregoing
Senatorial Districts in such manner as will, as nearly as
practicable, give to each an equal representative population.
Mr. Clarke offered as an amendment and substitute for
both, the following:
The Senate shall consist of forty-four members, and the
State shall be divided into twenty-two Senatorial Districts,
each of which shall consist of six contiguous counties, to be
arranged by the General Assembly, and be entitled to two
Senators, both of whom shall not be chosen from any one
county. When a new county is organized, it shall, by the
General Assembly be added to some district which it may
adjoin, and in such event, such district may consist of more
than six counties. If the act organizing any county shall
be repealed, the district which embraced said county may
contain less than six counties.
Mr. Johnson, of Hall, introduced a resolution that the
several plans for the reduction of the Legislature, be laid
on the table for the present, but before the decision of which,
a motion to adjourn was offered and carried; accordingly,
after granting leave of absence to Mr. Anderson of Chatham,
the Convention adjourned till 10 o'clock to-morrow morning.
The Convention met persuant to adjournment, and was
opened with prayer by the Rev. Dr. Rosenfeld.
A quorum being present, the Journal was read.
Mr. Robinson of Macon offered the following Resolution:
Resolved, That no delegate of the Convention shall be
allowed to draw his per diem pay for the day the Convention
visits Fort Pulaski.
The Resolution was read.
On motion of Mr. Fouche, the Ordinance introduced by
him on yesterday, "To transfer to the Government of the
Confederate States of America, the occupancy and use of
the Forts and Arsenals in this State, and also to turn over
to said Government the arms and munitions of war found
in said Forts and Arsenals at the time of their occupancy
by the authorities of this State, and for other purposes,"
was referred to the Committee on Military Affairs.
Mr. Tidwell, from the Special Committee of seven, made
the following
REPORT:
The Special Committee to whom was referred the
original Resolutions, together with the several amendments,
tendering the thanks of the Convention to the President
and Directors of the Central and other Rail Road Companies;
and also to the city authorities of Savannah, for
their kindness and liberality to the Convention, beg leave
to offer for the consideration of the Convention, the following
Resolutions, as a substitute, and in lieu of said
original and amendments:
Resolved, That the thanks of this Convention are due and
hereby tendered to the Presidents and Directors of the
Central, South-Western, Savannah& Augusta, Atlantic&
Gulf, and the Savannah, Albany& Gulf Railroads, for their
kindness and liberality in passing all the delegates and
officers of this Convention who traveled over their respective
roads, free of charge, and to the officers of the Savannah,
Albany& Gulf and Atlantic& Gulf Railroad, for
their liberality in returning delegates, free of charge, from
the late session of this Convention at Milledgeville. Also,
to the Mayor and Aldermen of the city of Savannah, for
furnishing the Convention, free of charge, with a large
and comfortable Hall.
Your committee cannot, although not specially charged
with the duty, withhold an expression of their gratitude to
the officers of those Railroads who have so generously and
patriotically passed recruits to the army over their roads,
free of charge, or for a mere nominal sum. Such acts of
patriotism extended to those who make a voluntary tender
of their services and offer their lives, (if necessary,) in defense
of an insulted, injured, and oppressed people--should
have a place in the history of the country, as well as entitle
such companies to the confidence and support of a generous
people.
Resolved, That the Presidents, Directors and Superintendents
of said Railroads, together with the Mayor and
Aldermen of the city of Savannah, be, and they are hereby
invited to seats in this Convention, when not in secret session.
Resolved, That the Secretary give notice of these Resolutions
to the Presidents of said roads, and the Mayor of the
city.
On motion of Mr. Tidwell, the rule was suspended, and
the Report was taken up, read, and adopted.
The President laid upon the table a telegraphic dispatch
from the Hon. Howell Cobb, President of the Congress of
the Confederate States of America, dated at Montgomery,
the 12th instant, in which he advised the President of this
Convention, that he had mailed to him a copy of the
Constitution; which was taken up and read.
On motion of Mr. Reese, the rule was suspended, when
he introduced the following Resolution, which was taken
up, read, and adopted:
Resolved, That the Committee on Printing be, and they
are hereby instructed, so soon as an authenticated copy
of the permanent Constitution adopted by the Congress at
Montgomery, shall be received by the President of this
Convention, to have 500 copies of the same printed for the
use of the Convention.
The Resolution of Mr. Johnson of Hall, to lay all matters
in relation to Reduction, on the table, being first in
order, was taken up and the Resolution was lost.
The amendment of Mr. Clarke to Mr. Garvin's am endment
of the first section of the Ordinance reported by the
Committee on Reduction, and substitute for both the
amendment and original, being next in order, was taken up.
Mr. Clarke moved for a division of the subject matter of
his amendment and substitute, to-wit: to strike out for the
present in his proposition, the words "to be arranged by
the General Assembly," and to consider first the remainder
of his amendment.
The motion to "strike out" and divide prevailed.
Mr. Chastain moved to strike out "twenty-two"--the
number of Senatorial Districts proposed--and insert
"forty-four."
Mr. Stapleton moved to divide that motion--first to put
the question upon striking out; and second, upon inserting.
The motion prevailed.
And the motion to "strike out" twenty-two, the number
of Senatorial Districts, also prevailed.
Mr. Chastain moved to fill the blank with "forty-four," as
the number of Senatorial Districts.
The motion prevailed.
The amendment and substitute was further amended by
striking out the word "six," wherever it occurred, and
inserting "three;" also to strike out "two Senators," and
insert "one Senator."
The question then came up on the adoption of the amendment
and substitute, when the yeas and nays were demanded
to be recorded.
So the amendment and substitute, as amended, to-wit:
"The Senate shall consist of forty-four members, and
the State shall be divided into forty-four Senatorial
Districts, each of which shall consist of three contigious
counties, and shall be entitled to one Senator. When a new
county is organized, it shall, by the General Assembly, be
added to some District which it may adjoin, and, in such
event, such District may consist of more than three counties.
If the Act organizing any county shall be repealed,
the District which embraced said county, may contain less
than three counties;" was adopted in lieu of the original
and the substitute of Mr. Garvin.
Mr. Roddey moved that the Senatorial Districts be arranged
and organized by a Committee of this Convention,
when Mr. Styles offered the following Resolution, which
was accepted by Mr. Roddey, in lieu of his motion, to-wit:
Resolved, That the substitute just passed, be referred to
a Committee of twenty-four, three from each Congressional
District, who shall arrange the Districts, and report by
Ordinance, in accordance therewith.
The Resolution was adopted.
Mr. Styles offered the following Resolution:
Resolved, That the subject of reducing the House of
Representatives, and all Ordinances thereto relating, be laid
upon the table.
The Resolution was read. He then moved to take up
the same, which motion was lost.
On motion of Mr. Alexander of Fulton, the Convention
then adjourned till eleven o'clock, Friday morning.
FRIDAY, MARCH 15, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Axson.
A quorum being present, the journal was read, when Mr.
Hill, of Troup, moved to reconsider so much of the
proceedings of yesterday as relates to the ordinance reported
by the Committee on the Reduction of the General Assembly.
The motion to reconsider was lost.
A message was received from his Excellency, the Governor,
through Mr. Waters, his Secretary, which, on motion
of Mr. Bartow, was laid on the table until the Convention
convened in secret session.
The President laid on the table the following communications:
1st. A communication from the Hon. Howell Cobb,
President of the Congress of the Confederate States of America,
enclosing a certified copy of the "Constitution of the
Confederate States of America," adopted March 11, 1861,
to-wit: (which said communication was ordered to be placed
in the appendix of the journal of this Convention.)
CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.
We, the people of the Confederate States, each State
acting in its sovereign and independent character, in order
to form a permanent federal Government, establish justice,
insure domestic tranqility and secure the blessings of liberty
to ourselves and our posterity--invoking the favor and
guidance of Almighty God--do ordain and establish this
Constitution for the Confederate States of America.
ARTICLE 1.
SECTION 1.
All legislative powers herein delegated shall be vested in
a Congress of the Confederate States, which shall consist
of a Senate and House of Representatives.
SECTION 2.
1. The House of Representatives shall be composed of
members chosen every second year by the people of the
several States; and the electors in each State shall be citizens
of the Confederate States, and have the qualifications
requisite for electors of the most numerous branch of the
State Legislature; but no person of foreign birth, not a
citizen of the Confederate States, shall be allowed to vote
for any officer, civil or political, State or Federal.
2. No person shall be a Representative, who shall not
have attained the age of twenty-five years, and be a citizen
of the Confederate States, and who shall not, when elected,
be an inhabitant of that State in which he shall be
chosen.
3. Representatives and Direct Taxes shall be apportioned
among the several States, which may be included within
this Confederacy, according to their respective numbers,
which shall be determined, by adding to the whole number
of free persons, including those bound to service for a term
of years, and excluding Indians not taxed, three-fifths of all
slaves. The actual enumeration shall be made within three
years after the first meeting of the Congress of the
Confederate States, and within every subsequent term of ten
years, in such manner as they shall, by law, direct. The
number of Representatives shall not exceed one for every
fifty thousand, but each State shall have at least one
Representative; and until such enumeration shall be made, the
State of South Carolina shall be entitled to choose six--the
State of Georgia ten--the State of Alabama nine--the State
of Florida two--the State of Mississippi seven--the State
of Louisiana six, and the State of Texas six.
4. When vacancies happen in the representation from any
State, the Executive authority thereof shall issue writs of
election to fill such vacancies.
5. The House of Representatives shall choose their speaker
and other officers; and shall have the sole power of
impeachment; except that any judicial or other federal officer
resident and acting solely within the limits of any State,
may be impeached by a vote of two-thirds of both branches
of the Legislature thereof.
SECTION 3.
1. The Senate of the Confederate States shall be composed
of two Senators from each State, chosen for six years by the
legislature thereof, at the regular session next immediately
preceding the commencement of the term of service; and
each Senator shall have one vote.
2. Immediately after they shall be assembled, in consequence
of the first election, they shall be divided as equally
as may be into three classes. The seats of the Senators of
the first class shall be vacated at the expiration of the second
year; of the second class at the expiration of the fourth
year; and the third class at the expiration of the sixth
year; so that one-third may be chosen every second year;
and if vacancies happen by resignation, or otherwise, during
the recess of the legislature of any State, the Executive
thereof may make temporary appointments until the next
meeting of the Legislature, which shall then fill such vacancies.
3. No person shall be a Senator who shall not have attained
the age of thirty years, and be a citizen of the Confederate
States; and who shall not, when elected, be an
inhabitant of the State for which he shall be chosen.
4. The Vice-President of the Confederate States shall be
President of the Senate, but shall have no vote, unless they
be equally divided.
5. The Senate shall choose their other officers; and also
a President pro tempore in the absence of the Vice-President,
or when he shall exercise the office of President of the
Confederate States.
6. The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be
on oath or affirmation. When the President of the Confederate
States is tried, the Chief Justice shall preside;
and no person shall be convicted without the concurrence
of two-thirds of the members present.
7. Judgment, in cases of impeachment shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit, under
the Confederate States; but the party convicted shall,
nevertheless, be liable and subject to indictment, trial,
judgment and punishment according to law.
SECTION 4.
1. The times, places and manner of holding elections
for Senators and Representatives, shall be prescribed in
each State by the Legislature thereof, subject to the
provisions of this Constitution; but the Congress may, at any
time, by law, make or alter such regulations, except as to
the times and places of choosing Senators.
2. The Congress shall assemble at least once in every
year; and such meeting shall be on the first Monday in
December, unless they shall, by law, appoint a different
day.
SECTION 5.
1. Each House shall be judge of the elections, returns
and qualifications of its own members, and a majority of
each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members,
in such manner and under such penalties as each House
may provide.
2. Each House may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with
the concurrence of two-thirds of the whole number, expel
a member.
3. Each House shall keep a journal of its proceedings,
and from time to time publish the same, excepting such
parts as may, in their judgment require secresy; and the
yeas and nays of the members of either House, on any
question, shall, at the desire of one-fifth of those present,
be entered on the journal.
4. Neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two Houses shall be sitting.
SECTION 6.
1. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the treasury of the Confederate States. They
shall, in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at
the session of their respective Houses, and in going to and
returning from the same; and for any speech or debate in
either House, they shall not be questioned in any other
place.
2. No Senator or Representative shall, during the time
for which he was elected, be appointed to any civil office
under the authority of the Confederate States, which shall
have been created, or the emoluments whereof shall have
been increased during such time; and no person holding
any office under the Confederate States shall be a member
of either House during his continuance in office. But
Congress may, by law, grant to the principal officer in each
of the Executive Departments a seat upon the floor of
either House, with the privilege of discussing any measures
appertaining to his department.
SECTION 7.
1. All bills for raising revenue shall originate in the
House of Representatives; but the Senate may propose or
concur with amendments as on other bills.
2. Every bill which shall have passed both Houses, shall,
before it becomes a law, be presented to the President of
the Confederate States; if he approve, he shall sign it; but
if not, he shall return it with his objections to that House
in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider
it. If, after such reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent, together with
the objections, to the other House, by which it shall likewise
be reconsidered, and if approved by two-thirds of that
House, it shall become a law. But in all such cases, the
votes of both Houses shall be determined by yeas and nays,
and the names of the persons voting for and against the bill
shall be entered on the journal of each house respectively.
If any bill shall not be returned by the President within
ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if
he had signed it, unless the Congress, by their adjournment,
prevent its return; in which case it shall not be a law.
The President may approve any appropriation and
disapprove any other appropriation in the same bill. In such
case he shall, in signing the bill, designate the appropriations
disapproved; and shall return a copy of such appropriations,
with his objections, to the House in which the
bill shall have originated; and the same proceedings shall
then be had as in case of other bills disapproved by the
President.
3. Every order, resolution or vote, to which the concurrence
of both Houses may be necessary (except on a question
of adjournment) shall be presented to the President of
the Confederate States; and before the same shall take
effect, shall be approved by him; or being disapproved by
him, shall be re-passed by two-thirds of both Houses
according to the rules and limitations prescribed in case of a
bill.
SECTION 8.
The Congress shall have power--
1. To lay and collect taxes, duties, imposts, and excises,
for revenue necessary to pay the debts, provide for the
common defence, and carry on the government of the
Confederate States; but no bounties shall be granted from the
treasury; nor shall any duties or taxes on importations
from foreign nations be laid to promote or foster any branch
of industry; and all duties, imposts, and excises shall be
uniform throughout the Confederate States:
2. To borrow money on the credit of the Confederate
States:
3. To regulate commerce with foreign nations, and
among the several States, and with the Indian tribes; but
neither this, nor any other clause contained in the
constitution, shall ever be construed to delegate the power to
Congress to appropriate money to any internal improvement
intended to facilitate commerce; except for the purpose of
furnishing lights, beacons, and buoys, and other aids to
navigation upon the coasts, and the improvement of harbors
and the removing of obstructions in river navigation, in
all which cases, such duties shall be laid on the navigation
facilitated thereby, as may be necessary to pay the costs
and expenses thereof:
4. To establish uniform laws of naturalization, and uniform
laws on the subject of bankruptcies, throughout the
Confederate States, but no law of Congress shall discharge
any debt contracted before the passage of the same:
5. To coin money, regulate the value thereof and of
foreign coin, and fix the standard of measures:
6. To provide for the punishment of counterfeiting the
securities and current coin of the Confederate States:
7. To establish post offices, and post routes; but the
expenses of the post office department, after the first day of
March, in the year of our Lord eight hundred and sixty-three,
shall be paid out of its own revenues:
8. To promote the progress of science and useful arts,
by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the Supreme Court:
10. To define and punish piracies and felonies committed
on the high seas, and offences against the law of nations:
11. To declare war, grant letters of marque and reprisal,
and make rules concerning captures on land and water:
12. To raise and support armies; but no appropriation
of money to that use shall be for a longer term than two
years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of
the land and naval forces:
15. To provide for calling forth the militia to execute
the laws of the Confederate States, suppress insurrections,
and repel invasions:
16. To provide for organizing, arming, and disciplining
the militia, and for governing such part of them as may be
employed in the service of the Confederate States, respectively,
the appointment of the officers, and the authority
of training the militia according to the discipline prescribed
by Congress:
17. To exercise exclusive legislation, in all cases whatsoever,
over such district (not exceeding ten miles square)
as may, by cession of one or more States and the acceptance
of Congress, become the seat of the Government of
the Confederate States; and to exercise like authority over
all places purchased by the consent of the Legislature of
the State in which the same shall be, for the erection of
forts, magazines, arsenals, dockyards, and other needful
buildings: and
18. To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in the
government of the Confederate States, or in any
department or officer thereof.
1. The importation of negroes of the African race, from
any foreign country, other than the slaveholding States or
Territories of the United States of America, is hereby for
bidden; and Congress is required to pass such laws as shall
effectually prevent the same.
2. Congress shall also have power to prohibit the introduction
of slaves from any State not a member of, or Territory
not belonging to this Confederacy.
3. The privilege of writ of habeas corpus shall not
be suspended, unless when in cases of rebellion or invasion
the public safety may require it.
4. No bill of attainder, ex post facto law, or law denying
or impairing the right of property in negro slaves shall be.
passed.
5. No capitation or other direct tax shall be laid, unless
in proportion to the census or enumeration hereinbefore
directed to be taken.
6. No tax or duty shall be laid on articles exported from
any State, evcept by a vote of two-thirds of both Houses.
7. No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another.
8. No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of
all public money shall be published from time to time.
9. Congress shall appropriate no money from the treasury
except by a vote of two-thirds of both Houses, taken by
yeas and nays, unless it be asked and estimated for by some
one of the heads of Department, and submitted to Congress
by the President; or for the purpose of paying its own
expenses and contingencies; or for the payment of claims
against the Confederate States, the justice of which shall
have been judicially declared by a tribunal for the investigation
of claims against the government, which it is hereby
made the duty of Congress to establish.
10. All bills appropriating money shall specify in federal
currency the exact amount of each appropriation and the
purposes for which it is made; and Congress shall grant no
extra compensation to any public contractor, officer, agent
or servant, after such contract shall have been made or such
service rendered.
11. No title of nobility shall be granted by the Confederate
States; and no person holding any office of profit or
trust under them, shall, without the consent of the Congress,
accept of any present, emolument, office or title of
any kind whatever from any king, prince or foreign State.
12. Congress shall make no law respecting an establishment
of religion, or prohibiting free exercise thereof;
or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble and petition the
government for a redress of grievances.
13. A well regulated militia being necessary to the security
of a free State, the right of the people to keep and
bear arms shall not be infringed.
14. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner; nor in time of
war, but in a manner to be prescribed by law.
15. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches
and seizures, shall not be violated; and no warrants shall
issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
16. No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service,
in time of war or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy
of life or limb; nor be compelled, in any criminal case, to
be a witness against himself; nor be deprived of life, liberty,
or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
17. In all criminal prosecutions the accused shall enjoy
the right to a speedy and public trial, by in impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor; and to have the assistance of counsel
for his defence.
18. In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved; and no fact so tried by a jury shall be
otherwise re-examined in any court of the Confederacy,
than according to the rules of the common law.
19. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
20. Every law or resolution having the force of law, shall
relate to but one subject, and that shall be expressed in the
title.
SECTION 10.
1. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal, coin money;
make anything but gold and silver coin a tender in payment
of debts; pass any bill of attainder, or ex post facto
law, or law impairing the obligation of contracts: or grant
any title of nobility.
2. No State shall, without the consent of the Congress,
lay any imposts or duties on imports or exports, except
what may be absolutely necessary for executing its inspection
laws; and the nett produce of all duties and imposts,
laid by any State on imports or exports, shall be for the use
of the treasury of the Confederate States; and all such
laws shall be subject to the revision and control of Congress.
3. No State shall, without the consent of Congress,
lay any duty on tonnage, except on sea-going vessels, for the
improvement of its rivers and harbors navigated by the
said vessels; but such duties shall not conflict with any
treaties of the Confederate States with foreign nations;
and any surplus revenue, thus derived, shall, after making
such improvement, be paid into the common treasury. Nor
shall any State keep troops or ships of war in time of peace,
enter into any agreement or compact with another State,
or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of
delay. But when any river divides or flows through two
or more States, they may enter into compacts with each
other to improve the navigation thereof.
ARTICLE II.
SECTION 1.
1. The executive power shall be vested in a President of
the Confederate States of America. He and the Vice-President
shall hold their offices for the term of six years; but
the President shall not be re-eligible. The President and
Vice President shall be elected as follows:
2. Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors equal to
the whole number of Senators and Representatives to
which the State may be entitled in the Congress; but no
Senator or Representative, or person holding an office of
trust or profit under the Confederate States, shall be appointed
an elector.
3. The electors shall meet in their respective States and
vote by ballot for President and Vice President, one of
whom, at least, shall not be an inhabitant of the same
State with themselves; they shall name in their ballots
the person voted for as President, and in distinct ballots
the person voted for as Vice President, and they shall make
distinct lists of all persons voted for as President, and of
all persons voted for as Vice President, and of the number
of votes for each, which lists they shall sign and certify,
and transmit, sealed, to the seat of government of the
Confederate States, directed to the President of the Senate;
the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the
certificates, and the votes shall then be counted; the person
having the greatest number of votes for President shall be
the President, if such number be a majority of the whole
number of electors appointed; and if no such person have
such majority, then, from the persons having the highest
numbers, not exceeding three, on the list of those voted for
as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the
President, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this
purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives
shall not choose a President, whenever the right of
choice shall devolve upon them, before the fourth day of
March next following, then the Vice President shall act as
President, as in case of the death, or other constitutional
disability of the President.
4. The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number
be a majority of the whole number of electors appointed;
and if no person have a majority, then, from the two highest
numbers on the list the Senate shall choose the Vice-President;
a quorum for the purpose shall consist of two-thirds
of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice.
5. But no person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President of
the Confederate States.
6. The Congress may determine the time of choosing
the electors, and the day on which they shall give their
votes; which day shall be the same throughout the
Confederate States.
7. No person except a natural-born citizen of the
Confederate States, or a citizen thereof, at the time of the
adoption of this Constitution, or a citizen thereof born in
the United States prior to the 20th December, 1860, shall
be eligible to the office of President; neither shall any
person be eligible to that office who shall not have attained
the age of thirty-five years, and been fourteen years a resident
within the limits of the Confederate States, as they
may exist at the time of his election.
8. In case of the removal of the President from office,
or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same shall devolve
on the Vice-President; and the Congress may, by law, provide
for the case of removal, death, resignation, or inability
both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act
accordingly until the disability be removed or a President
shall be elected.
9. The President shall, at stated time, receive for his
services a compensation, which shall neither be increased
nor diminished during the period for which he shall have
been elected; and he shall not receive within that period
any other emolument from the Confederate States, or any
of them.
10. Before he enters on the execution of his office, he
shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the Confederate States,
and will, to the best of my ability, preserve, protect, and
defend the constitution thereof."
SECTION 2.
1. The President shall be commander-in-chief of the
army and navy of the Confederate States, and of the militia
of the several States, when called into the actual service of
the Confederate States; he may require the opinion, in
writing, of the principal officer in each of the Executive
Departments, upon any subject relating to the duties of
their respective offices; and he shall have power to grant
reprieves and pardons for offences against the Confederate
States, except in cases of impeachment.
2. He shall have power, by and with the advice and
consent of the Senate, to make treaties, provided two-thirds
of the Senators present concur; and he shall nominate,
and by and with the advice and consent of the Senate,
shall appoint ambassadors, other public ministers and consuls,
Judges of the Supreme Court, and all other officers of
the Confederate States, whose appointments are not herein
otherwise provided for, and which shall be established by
law; but the Congress may, by law, vest the appointment
of such inferior officers, as they may think proper, in the
President alone, in the courts of law or in the heads of
Departments.
3. The principal officer in each of the Executive
Departments, and all persons connected with the diplomatic
service, may be removed from office at the pleasure of the
the President. All other civil officers of the Executive
Department may be removed at any time by the President,
or other appointing power, when their services are
unnecessary, or for dishonesty, incapacity, inefficiency,
misconduct, or neglect of duty; and when so removed, the
removal shall be reported to the Senate, together with the
reasons therefor.
4. The President shall have power to fill all vacancies
that may happen during the recess of the Senate, by
granting commissions which shall expire at the end of their next
session; but no person rejected by the Senate shall be
re-appointed to the same office during their ensuing recess.
SECTION 3.
1. The President shall, from time to time, give to the
Congress information of the state of the Confederacy, and
recommend to their consideration such measures as he shall
judge necessary and expedient; he may, on extraordinary
occasions, convene both Houses, or either of them; and in
case of disagreement between them, with respect to the
time of adjournment, he may adjourn them to such time as
he shall think proper; he shall receive ambassadors and
other public ministers; he shall take care that the laws be
faithfully executed, and shall commission all the officers of
the Confederate States.
SECTION 4.
1. The President, Vice President, and all civil officers
of the Confederate States, shall be removed from office on
impeachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.
ARTICLE III.
SECTION 1.
1. The judicial power of the Confederate States shall
be vested in one Supreme Court, and in such Inferior Courts
as the Congress may from time to time ordain and establish.
The judges, both of the Supreme and Inferior
Courts, shall hold their offices during good behavior, and
shall, at stated times, receive for their services a compensation,
which shall not be diminished during their continuonce
in office.
1. The judicial power shall extend to all cases arising
under this Constitution, the laws of the Confederate States,
and treaties made or which shall be made under their
authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maratime
jurisdiction; to controversies to which the Confederate
States shall be a party; to controversies between two
or more states; between a state and a citizen of another
state where the state is plaintiff; between citizens claiming
lands under grants of different states; and between a state
or a citizen thereof, and foreign states, citizens or subjects;
but no state shall be sued by a citizen or subject of any
foreign state.
2. In all cases affecting ambassadors, other public ministers,
and consuls, and those in which a state shall be a
party, the supreme court shall have original jurisdiction.
In all the other cases before mentioned, the supreme court
shall have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations, as the
Congress shall make.
3. The trial of all crimes, except in cases of impeachment,
shall be by jury, and such trial shall be held in the
state where the said crimes shall have been committed; but
when not committed within any state, the trial shall be at
such place or places as the Congress may by law have
directed.
SECTION 3.
1. Treason against the Confederate States shall consist
only in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses
to the same overt act or on confession in open court.
2. The Congress shall have power to declare the
punishment of treason, but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life of
the person attainted.
1. Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every
other state. And the Congress may, by general laws,
prescribe the manner in which such acts, records, and
proceedings shall be proved, and the effect thereof.
SECTION 2.
1. The citzens of each State shall be entitled to all the
privileges and immunities of citizens in the several States,
and shall have the right of transit and sojourn in any State
of this Confederacy, with their slaves and other property:
and the right of property in said slaves shall not be thereby
impaired.
2. A person charged in any State with treason, felony,
or other crime against the laws of such State, who shall
flee from justice, and be found in another State, shall, on
demand of the Executive authority of the State from which
he fled, be delivered up, to be removed to the State having
jurisdiction of the crime.
3 . No slave or other person held to service or labor in any
State or territory of the Confederate States, under the laws
thereof, escaping or lawfully carried into another, shall, in
consequence of any law or regulation therein, be discharged
from such service or labor: but shall be delivered up on
claim of the party to whom such slave belongs, or to whom
such service or labor may be due.
SECTION 3.
1. Other States may be admitted into this Confederacy
by a vote of two-thirds of the whole House of Representatives,
and two-thirds of the Senate, the Senate voting by
States; but no new State shall be formed or erected within
the jurisdiction of any other State; nor any State be
formed by the junction of two or more States, or parts of
States, without the consent of the legislature of the States
concerned as well as of the Congress.
2. The Congress shall have power to dispose of and make
all needful rules and regulations concerning the property of
the Confederate State, including the lands thereof.
3. The Confederate States may acquire new territory;
and Congress shall have power to legislate and provide
governments for the inhabitants of all territory belonging to
the Confederate States, lying without the limits of the
several States; and may permit them, at such times, and in
such manner as it may by law provide, to form States to
be admitted into the Confederacy. In all such territory,
the institution of negro slavery as it now exists in the
Confederate States, shall be recognized and protected by
Congress, and by the territorial government: and the inhabitants
of the several Confederate States and Territories, shall
have the right to take to such territory any slaves lawfully
held by them in any of the States or territories of the Confederate
States.
4. The Confederate States shall guaranty to every State
that now is, or hereafter may become a member of this
Confederacy, a republican form of government, and shall
protect each of them against invasion; and on application
of the legislature (or of the Executive when the legislature
is not in session), against domestic violence.
ARTICLE V.
SECTION 1.
1. Upon the demand of any three States, legally assembled
in their several Conventions, the Congress shall summon
a Convention of all the States, to take into consideration
such amendments to the Constitution as the said States shall
concur in suggesting at the time when the said demand is
made; and should any of the proposed amendments to the
Constitution be agreed on by the said Convention--voting
by States--and the same be ratified by the legislatures of
two-thirds of the several States, or by Conventions in
two-thirds thereof--as the one or the other mode of ratification
may be proposed by the general Convention--they shall
thenceforward form a part of this Constitution. But no
State shall, without its consent, be deprived of its equal
represention in the Senate.
1. The Government established by this Constitution is
the successor of the Provisional Government of the
Confederate States of America, and all the laws passed by the
latter shall continue in force until the same shall be repealed
or modified; and all the officers appointed by the same
shall remain in office until their successors are appointed
and qualified, or the offices abolished.
2. All debts contracted and engagements entered into
before the adoption of this Constitution shall be as valid
against the Confederate States under this Constitution as
under the Provisional Government.
3. This Constitution, and the laws of the Confederate
States, made in pursuance thereof, and all treaties made, or
which shall be made under the authority of the Confederate
States, shall be the supreme law of the land; and the judges
in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary
notwithstanding.
4. The Senators and Representatives before mentioned,
and the members of the several State legislatures, and all
executive and judicial officers, both of the Confederate
States, and of the several States, shall be bound by oath or
affirmation, to support this Constitution: but no religious
test shall ever be required as a qualification to any office or
public trust under the Confederate States.
5. The enumeration, in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people of the several States.
6. The powers not delegated to the Confederate States
by the Constitution, nor prohibited by it to the States, are
reserved to the States, respectively, or to the people thereof.
ARTICLE VII.
1. The ratification of the Conventions of five States shall
be sufficient for the establishment of this Constitution
between the States so ratifying the same.
2. When five States shall have ratified this Constitution,
in the manner before specified, the Congress under the
Provisional Constitution, shall prescribe the time for holding
the election of President and Vice President; and, for the
meeting of the Electoral College; and, for counting the
votes, and inaugurating the President. They shall, also,
prescribe the time for holding the first election of members
of Congress under this Constitution, and the time for
assembling the same. Until the assembling of such Congress,
the Congress under the Provisional Constitution shall continue
to exercise the legislative powers granted them; not
extending beyond the time limited by the Constitution of
the Provisional Government.
EXTRACT FROM THE JOURNAL OF THE CONGRESS.
CONGRESS, March 11, 1861.
On the question of the adoption of the Constitution of
the Confederate States of America, the vote was taken by
yeas and nays; and the Constitution was unanimously
adopted, as follows:
Those who voted in the affirmative, being, Messrs. Walker,
Smith, Curry, Hale, McRae, Shorter and Fearn, of Alabama,
(Messrs. Chilton and Lewis being absent); Messrs.
Morton, Anderson and Owens, of Florida; Messrs. Toombs,
Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R.
Cobb and Stephens, of Georgia, (Messrs. Crawford and Kenan
being absent); Messrs. Perkins, deClouet, Conrad, Kenner,
Sparrow and Marshall, of Louisiana; Messrs. Harris,
Brooke, Wilson, Clayton, Barry and Harrison, of Mississippi,
(Mr. Campbell being absent); Messrs. Rhett, Barnwell,
Keitt, Chesnut, Memminger, Miles, Withers and Boyce, of
South Carolina; Messrs. Reagan, Hemphill, Waul, Gregg,
Oldham and Ochiltree, of Texas, ( Mr. Wigfall being absent.)
A true copy:
J. J. HOOPER,
Secretary of the Congress.
CONGRESS, March 11, 1861.
I do hereby certify that the foregoing are, respectively,
true and correct copies of "The Constitution of the Confederate
States of America," unamiously adopted this day,
and of the yeas and nays, on the question of the adoption
thereof.
HOWELL COBB,
President of the Congress.
2d. A communication from Wm. J. Vason, Esq.,
Commissioner from Georgia to the State of Louisiana, with
accompanying documents.
3d. A communication from Samuel Hall, Esq.,
Commissioner from Georgia to the State of North Carolina, with
accompanying document.
4th. A communication from A. R. Wright, Esq., Commissioner
from Georgia to the State of Maryland.
All of which (Mr. Hull being in the chair) were taken
up, read, and ordered to be recorded in the appendix to the
to the journal.
Mr. Nisbet offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the Constitution of the Confederate States
of America, be the order of the day for to-morrow at 10
o'clock, A. M.
Mr. Hawkins offered the following resolution, which
was read:
Resolved, That a Committee of sixteen, two from each
Congressional District as now organized be appointed to
arrange ten Congressional Districts for the State upon the
basis of the new Constitution, and report at the earliest
practicable time.
The President announced the following as the Committee
of twenty-four, three from each Congressional District, to
apportion the Senatorial Districts, and report an Ordinance
in accordance therewith, to-wit:
Mr. Logan offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the Committee on the "Constitution and
Laws of this State, and the Constitution of the United
States" be instructed to inquire into the propriety of reporting
an Ordinance to this Convention, consenting to the
location of the permanent capitol of the Confederate States
of America within the State of Georgia, and granting
limited jurisdiction over such portion of territory as may
be necessary for that purpose.
Mr. Poe offered the following resolution, which was taken
up, read, and referred to the Committee on the Constitution
and Laws of the State, and the Constitution of the
United States, to-wit:
Resolved, That when any case shall be called for trial, in
any of the Courts of this State, if it shall be made to appear
that either party is unprepared to proceed to trial by
reason of said party or his counsel being, or having been
engaged in the military service of this State, or of any of
the States of this Confederacy, then, and in that case, it
shall be the duty of the presiding Judge, or Justices, to
continue said case generally.
Leave of absence was granted to Messrs. Flewellen,
Strother, Turner of Hancock, Patterson, Giles, Beck,
Moore, of Bulloch, and Dennis.
On motion of Mr. Varnadoe, the Convention then went
into secret session, and having spent some time therein, it
adjourned till ten o'clock, to-morrow morning.
SATURDAY, MARCH 16, 1861.
The Convention met pursuant to adjournment, and
was opened with prayer by the Rev. Mr. Baker.
A quorum, being present, the Journal was read.
On motion of Mr. Nisbet, the doors were closed, and the
Convention went into secret session.
On motion of Mr. Stephens, of Taliaferro, the Constitution
adopted unanimously by the Congress of the Confederate
States of America, at Montgomery, March 11, 1861,
and submitted to this Convention of the People of Georgia
for ratification, was taken up and read.
Mr. Alexander, of Upson, offered the following resolution:
Resolved, That the ConstitutioE adopted by the Congress
at Montgomery on the 11th day of March, 1861, for the
permanent government of the Confederate States of America,
be referred to a committee of seven, with instructions
to frame and report during this morning's session, an
Ordinance to accept and ratify the same for the State of
Georgia.
The resolution was taken up, read and adopted.
The President announced the following, as the committee
of seven under the foregoing resolution, to-wit:
Mr. Clarke offered the following resolution, which was
taken up, read, and adopted:
Resolved, That a committee of three be appointed by
the President to report to this body the number of Journals
of the proceedings of this Convention to be published
for distribution, together with the manner of printing and
binding; and to report, also, upon the compensation to be
allowed the Secretary and his assistant for their services.
Whereupon the President announced the following as
the committee under the foregoing resolution, to-wit:
Messrs. Clarke,
Bartow and
Chastain.
Mr. Carswell, from the Committee on Accounts offered
the following resolution, which was taken up and read:
Resolved, That the members of this Convention be allowed
mileage to and from this Convention at its second
session, the distance to be computed to Milledgeville.
Mr. Martin, of Lumpkin, offered the following, as a
substitute therefor:
Resolved, That the State Treasurer be instructed to settle
with the Delegates of this Convention, their per diem
pay and mileage from their residences the most direct
route to and from Savannah, for the second session of this
Convention.
Mr. Styles moved the "previous question," which being
seconded and sustained, the main question, to-wit: the
adoption of Mr. Carswell's resolution, was put when the
yeas and nays were demanded to be recorded.
of the secession of the State from the United States, with
the bona fide intention of making it the place of their abode,
shall be considered as citizens of this State without
reference to the place of birth: Provided, that any person not
born in this State, can except him or herself from the
operation of this ordinance by a declaration in any Court of
Record in the State within three months from this date
that he or she does not wish to be considered a citizen of
this State.
On motion of Mr. Stephens (of Taliaferro) the ordinance
was taken up, read twice, and adopted.
Mr. Cobb offered the following resolution:
Resolved, That the Committee on the Constitution and
Laws be instructed to revise the Constitution of the State
of Georgia, and report the same to this Convention, with
such alterations and amendments as they may recommend
for adoption.
The resolution was taken up and read, when
Mr. Clarke offered the following amendment:
"But the subject of reduction being now before the
Convention is not submitted to said committee until after the
final action of this Convention on that subject."
The amendment was received, and the resolution, as
amended, was adopted.
Mr. Alexander, of Upson, from the Committee of Seven,
who were instructed to report this morning an ordinance to
adopt and ratify the Constitution of the Confederate States
of America, reported the following:
AN ORDINANCE
To adopt and ratify the Constitution of the Confederate
States of America.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained by the authority of the same,
That the Constitution adopted by the Congress at
Montgomery, in the State of Alabama, on the eleventh day of
March, in the year of our Lord one thousand eight hundred
and sixty-one, for the "permanent federal government"
of the Confederate States of America, be, and the same is
hereby adopted and ratified by the State of Georgia, "acting
in its sovereign and independent character."
Mr. Stephens, of Taliaferro, moved to take up and agree
to the report, upon which motion Mr. Hull demanded that
the yeas and nays be recorded.
So the ordinance, having been read twice, (every member
present voting on its passage) was unanimously
adopted. Whereupon
The President declared that the Constitution of the
Confederate States of America, had been ratified.
Mr. Chastain offered the following resolution, which was
taken up, read, and adopted.
Resolved, That the injunction of secrecy be removed from
the proceedings of the Convention to-day, except the action
of this Convention on the ordinance submitted by Mr.
Singleton, a delegate from Scriven county.
Mr. Nisbet offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the President of this Convention transmit
to the President of the Congress of the Confederate States,
a copy duly certified, when enrolled and signed, of the ordinance
this day passed, ratifying and adopting the permanent
Constitution.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, made the following report:
The committee to whom was referred the resolution
providing for the continuance of causes in the several Courts,
under certain circumstances,
REPORT
That they have had the same under consideration, and
recommend that no action be taken on the subject by this
Convention.
Mr. Strickland, of Forsyth, laid upon the table the following
resolutions, which were taken up, read, and referred
to the "Committee on Military Affairs:"
Resolved, That his Excellency, the Governor, be, and he
is hereby authorized and instructed to turn over to the
government of the Confederate States, the two regiments of
regular troops now being raised under an ordinance of this
Convention; Provided that the government will accept the
enlisted soldiers together with all the officers of the two
regiments as appointed by the Governor of this State, for
and during the term for which the recruits have been enlisted.
Resolved, That this Convention hereby approves the
action of his Excellency, the Governor, in proceeding to
organize and hold in readiness for active service, under the
provisions of the act of the Legislature, all the volunteer
forces of this State, which may not be n eeded for the
service of the Confederate States; and that he be authorized
to arm said troops as fast as organized, and to call the officers
together for drill and training when necessary, that the
whole force may be made efficient, should it be needed for
the purpose of repelling any invasion, or attempted
invasion of the soil of this State.
Mr. Hood laid upon the table the following ordinance,
which was taken up, read, and referred to the Committee
on Military Affairs:
AN ORDINANCE
To authorize the Governor to raise and expend money for
the defence of this State.
Be it ordained by the people of Georgia in sovereign Convention
assembled, and it is hereby ordained by authority of the same,
That his Excellency, the Governor of this State, be, and
he is hereby authorized to raise and expend such sums of
money as may be necessary to carry out all ordinances of
this Convention, and all acts of the Legislature which provides
for the public defence of this State; and for that purpose
he is hereby authorized to issue and sell bonds of th is
State, having such time to run as he may designate, with
interest coupons attached, payable at such place, or places,
as he may think proper, until he shall have raised such sums
of money as the exigencies of the State may require; said
bonds to be for one thousand dollars each, or such less sums
as the Governor may find to be most saleable.
And be it further ordained, That the faith and credit of
this State are hereby solemnly pledged for the redemption
of all such bonds and interest coupons as the Governor may
issue and dispose of under this ordinance.
And be it further ordained, That in case the Governor shall
be unable to raise by the sale of bonds, a sufficient sum for
the defence of the State, he is hereby authorized to issue and
dispose of Treasury Notes in sums of twenty-five, fifty, and
one hundred dollars, each, for that purpose; said notes to
bear such interest as may be prescribed by the Governor,
not to exceed seven per cent. per annum.
Mr. Fouche laid on the table the following:
AN ENNUNCIATION OF FUNDAMENTAL PRINCIPLES
Experience having admonished us that there exists a wide
spread disposition in many sections, to question or deny the
right of the people of Georgia, to be a free, independent,
and sovereign State, endowed with all the rights of a perfect
sovereignty, among which is the right to secede from
a Confederacy, upon finding a continuance in it incompatible
with her peace, safety, happiness, interests, or liberties:
Aware, moreover, of the importance of a thorough
understanding of the fundamental principles of all just
government by the people of a free State: We, the representatives
of the people of Georgia, in that supreme and sovereign
capacity wherein they are entitled to make, alter, and
abolish Constitutions and Governments, do hereby publish
and declare:
First, That sovereignty is the supreme, ultimate power,
abiding in the people of an organized community or State.
Second, That sovereignty is one, indivisible, inalienable,
and imprescriptible.
Third, That all other power in the State is derived from,
is subordinate to, and revocable by, the sovereignty.
Fourth, That Governments are not sovereign, but the
creatures of the sovereignty, ordained and established by it,
for the purpose of a convenient exercise of its ordinary
powers, in the enactment, administration, and execution of
laws, to establish justice, and to promote the peace, good
order, security, and prosperity of the State.
Fifth, That constitutions or fundamental laws, are the
direct enactments of the sovereignty, organizing governments,
delegating, defining, and limiting their powers, and
enumerating the purposes for which those powers are to be
exerted.
Sixth, That allegiance is due only to the sovereignty, and
obedience is due to government only as its regularly
constituted organ.
Seventh, That no mere government, whether it be a
government proper or improper, has a right to resist the
regularly expressed will of the sovereignty which created it,
either for the purpose of retaining power, or of continuing
its existence against that will.
Eighth, That there ought to be established a real and
effective responsibility on the part of all officials in every
department of government.
Ninth, That power given for one purpose, cannot rightfully
be exercised for any other, and therefore the taxing
power can be exercised only to raise revenue to defray the
expenses of government, defend the State, or for some other
purpose specified in the grant of the power.
Tenth, That the system of taxation adopted in a free
State, ought to be just and equal in its operation as
between individuals, classes, and sections; and ought to be
generally and thoroughly understood by the people, in order
that they may be enabled to hold their representatives
to a real responsibility, and secure simplicity, economy, and
purity, in the administration.
Eleventh, That in its relation to individuals, the protection
of person, property, and character, against violence,
fraud, and defamation, is the sole legitimate object of all
just government; and an imbecile government which cannot,
or a corrupt government, which will not give it, ought
to be reformed or overthrown.
Twelfth, That it is the indispensible duty of a good
government, to provide an easy, prompt, and adequate remedy
for the infraction of every right; and a just, but certain
punishment for every wrong or crime.
Thirteenth, That all citizens of a free State, may freely,
and peaceably, assemble to consider any matter interesting
to them; may keep, and bear arms; may petition their
government for anything within the sphere of its powers;
may freely speak, write, and publish their opinions upon
any subject, standing to the penalty of law for any abuse
of these privileges; may profess any religious creed, and
practice any form of religious worship, without being
subjected, on account thereof, to any political or legal disability,
or entitled to any political or legal privileges of favor.
On motion of Mr. Fouche, the foregoing "Fundamental
Principles," were taken up, and read, and were referred to
the "Committee on the Constitution and Laws of the State,
and the Constitution of the United States," together with
the "Bill of Rights," previously reported by said
Committee through its Chairman, Mr. Cobb.
Leave of absence was asked for Messrs. Harris of Meriwether,
Perkins, of Taliaferro, Wicker, Douglas, Banks of
Stewart, Spencer, Phinizy of Richmond, Hines, Sheffield
of Early, Sheffield of Calhoun, Buchanan, McDonald, Davis,
Burch, Gaulden, Smith, of Talbot, and Shropshire of Floyd,
which was refused.
On motion of Mr. Chastain, the Convention then 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. Carswell moved to reconsider so much of the journal
of Saturday as relates to the adoption of the resolution
regulating the pay of mileage to the members of this
Convention.
Mr. Chastain moved to lay that motion on the table,
which was carried.
Mr. Fort, from the Committee on Enrollment, made the
following report:
Mr. President:
The Committee on Enrollment have had enrolled, and it
is now ready for the signatures of the President and
delegates:
An Ordinance to adopt and ratify the Constitution of the
Confederate States of America.
They have also had enrolled, and it is now ready for the
signature of the President:
An Ordinance, additional to a previous Ordinance of this
Convention, on the subject of citizenship.
Mr. Hansel offered the following resolution, which was
taken up, read, and adopted:
Resolved, That those delegates who were absent on Saturday,
when the vote was taken on the adoption of the
Ordinance ratifying the Constitution, have leave to record
their votes.
Leave of absence was granted to Messrs. Bell of Banks,
Collins, of Columbia, West, Dozier, and Dabney, on
account of sickness in their families.
Leave of absence was refused to Messrs. Dupree, Pinson,
Douglas, Harris of Merriwether, and Graham, who applied
for the same on account of business requiring their attention.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, to whom was referred the Ordinance in relation to
citizens of Georgia holding office under the government of
the late United States, reported adversely to the passage of
the Ordinance.
Mr. Bell of Forsyth, laid on the table the following preamble
and resolution, which were read:
Whereas, Governments are instituted to secure the rights
of the people, and protect them in the enjoyment of those
rights. And Whereas, rigid economy in the public expenditures
is an element of strength in Republican Governments,
while recklessness and prodigality in such expenditures
are detrimental to the public virtue. Therefore,
Resolved, That in the inauguration of the new government,
the multiplication of unnecessary officers to provide
positions for favorites, is condemned by the people of
Georgia.
Resolved, That the salaries of officers, State and Federal,
Executive, Legislature, Judicial, and Diplomatic, ought
not to exceed adequate compensation for services rendered
the government.
Mr. Corn laid upon the table the following resolution,
which was read:
Resolved, That a special Committee of Eight, (one from
each Congressional District) be raised for the purpose of
reporting, at an early day, an Ordinance upon the subject
of the reduction of the fees and salaries of all civil officers
of this State, from Governor down to county officers, and
also the per diem pay of the members of the Legislature of
this State.
Mr. Nisbet offered the following preamble and resolutions,
which were taken up, read, and adopted.
Whereas, The government of the Confederate States has
authorized bonds to be issued, running from five to ten
years, and secured by an export duty of one eighth of one
per cent. per pound upon cotton, for the purpose of meeting
the pecuniary necessities of that government. And,
Whereas, investment in such funds may be both convenient
and safe for executors, administrators, guardians, and other
trustees, and at the same time contribute to the sum needed
by the Confederate States. Therefore,
Resolved, That the Legislature of this State be, and is
hereby requested, at its next session, to consider of the
propriety of passing a law, authorizing executors, administrators,
guardians and other trustees, to invest trust
funds in their hands in the bonds of the Confederate States
upon the same terms that such trustees are now by law
authorized to invest in the bonds of the State of Georgia.
Mr. Fouche moved to take up the Resolution introduced
by Mr. Hawkins, providing for the appointment by the
President, of a Committee of sixteen, two from each Congresssional
District, to arrange ten Congressional Districts
for the State, &c.
The motion was agreed to, when Mr. Fouche moved to
insert a committee of "twenty-four," and "three" from
each Congressional District, instead of a committee of
"sixteen," and "two" from each Congressional District.
The amendment was received.
Mr. Hill of Troup, offered the following as a substitute
for the Resolution, as amended:
AN ORDINANCE
To organize Congressional Districts for the State of Georgia:
Be it Ordained by the People of Georgia, in Convention
assembled,
That until otherwise ordered by the General Assembly
of the State of Georgia, the several Congressional Districts
for the State of Georgia, shall be composed of the counties
following, to-wit:
Mr. Clark moved that the Resolution be referred to a
Special Committee, to consist of the members of this body
who are delegates to the Congress at Montgomery, together
with the mover of the Resolution, to report upon the propriety
and necessity of accepting the same.
Pending the consideration of which, Mr. Hawkins called
for the "previous question," which, being
seconded and sustained,
the main question was put, to-wit: the adoption
of the original Resolution as amended, which was decided in
the affirmative.
So the Resolution was adopted.
Mr. Styles moved to take up his Resolution instructing
the Governor to furnish side arms to the officers of Military
Companies who have, or may hereafter draw arms from
the State.
The motion was agreed to, when Mr. Cobb moved to
refer the same to the committee on Military Affairs.
Mr. Cobb, from the committtee on the Constitution and
Laws of the State, and the Constitution of the United
States, reported the following Resolutions:
Resolved, That in the publication of the Revised Code
of the Laws of this State, adopted by the Legislature at its
late session, the "United States" shall be stricken out, and
the "Confederate States," substituted, wherever the same
may be necessary.
Resolved, further, That the Constitutton of the Confederate
States shall be published as a part of the Code.
On motion of Mr. Cobb, the same was taken up, read,
and adopted.
Mr. Alexander of Upson offered the following Resolution
which was taken up, read, and adopted:
Resolved, That the committee on Enrollment be requested
to make suitable arrangements for the delegates of
this Convention to affix their signatures, at their convenience,
to the Ordinance adopting and ratifying the permanent
Constitution of the Confederate States of America.
The Ordinance laid on the table by Mr. Styles to appropriate
money for the use of the Confederate States of
America, was taken up, read, and referred to the Committee
on Military affairs.
Mr. Gardner laid on the table the following Ordinance,
which was taken up, read, and referred to the committee
on the Constitution and Laws of the State and the United
States:
To alter Sections the 3rd and 12th, of Article 1st, and Section
1st of Article 2nd of the Constitution of the State
of Georgia:
Be it Ordained, by the People of Georgia, in Convention
assembled,
That the third Section of the first Article, and the first
Section of the second Article of the Constitution of this
State be so altered as to extend the term of office of the
Governor and members of the Senate of the Legislature of
the State of Georgia to four years next succeeding their
election, and that the election of said civil officers be held
on the first Monday in October every four years, in persuance
of the requirements of this Ordinance.
Be it further Ordained, by the authority aforesaid, That
Section 12th of Article 1st of the Constitution of this
State be so altered as to change the sessions of the Legislature
from annual to bi-ennial, and to require said sessions
of the General Assembly of the State of Georgia to commence
bi-ennially on the first Wednesday in November,
immediately following each bi-ennial election of members
of the House of Representatives. The term of said sessions
to continue the same as that now prescribed by law.
On motion of Mr. Hull, the second Section of the Ordinance
to alter and amend the 3rd, 4th, 7th, and 8th
Sections of the first Article of the Constitution of this
State, and for other purposes, was taken up for consideration
and read, and, on his motion, was referred to the committee
on the Constitution and Laws of the State, and of
the United States.
The third Section of the Ordinance was taken up and
read, when Mr. Cobb offered the following as a substitute
for the same, to-wit:
The House of Representatives shall consist of two hundred
members, composed as follows: each county shall have one
Representative. The remaining number shall be distributed
by the Legislature among the counties having the largest
representative population, so as as to give to each of such
counties such a proportion of the same as their population demands;
Provided, no county shall have more than one
member, whose representative population does not exceed
thousand persons.
Mr. Garvin offered the following as a substitute for the
foregoing and original Resolution:
The House of Representatives shall consist of one hundred
and eighty-two members. Each county shall have
one Representative, and the ten counties having the highest
representative population shall have three Representatives
each, and the thirty counties having the next largest
population, two Representatives each.
On motion of Mr. Kenan, the original Section and the
substitute were laid on the table for the balance of the
session.
On motion of Mr. Chastain, the Convention then adjourned
till ten o'clock to-morrow morning.
TUESDAY, MARCH 19, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Pryse.
The roll was called, and a quorum being present, the
journal was read.
Mr. Cobb moved that so much of the journal of yesterday
as relates to the adoption of the motion of Mr. Kenan,
"to lay on the table for the balance of the session," the
original third section, and the substitutes therefor, of the
ordinance reported by the Committee on Reduction, be reconsidered.
Upon which motion the yeas and nays were demanded to
be recorded.
The President announced the following committee under
the resolution of Mr. Hawkins, adopted on yesterday, to
appoint a committee to form ten Congressional Districts
for this State, and report the same to this Convention, to-wit:
Mr. Hawkins, chairman, from the Second District.
Messrs. Jones of Chatham, Fleming and Brewton from
the First District.
Messrs. Fort of Stewart, and Rutherford from the Second
District.
Messrs. Lamar of Bibb, Cleveland and Sharman from the
Third District.
Messrs. Lindley, Manson, and Alexander from the Fourth
District.
Messrs. Word, Farnsworth and Walton from the Fifth
District.
Messrs. Knox, Ketchum, and Hill of Hart from the Sixth
District.
Messrs. Jordan, Briscoe and Gray from the Seventh District.
Messrs. Usry, Allen, and Singleton from the Eighth District.
The President laid on the table a communication from
the Hon. A. R. Wright, the commissioner from the State of
Georgia to the State of Maryland, in which was enclosed a
communication from the Governor of Maryland to said
Commissioner, which was read, and,
On motion of Mr. Varnadoe, the communication of the
Governor of Maryland was laid on the table for the balance
of the session.
Mr. Roddey laid on the table a preamble and resolution,
which were read, to-wit:
Whereas, The Legislature of Georgia authorized the suspension
of the Banks of the State, and by the act of the
Congress of the Confederate States, duties on imports are
made payable in specie, and in consequence of the Bank
suspension and other causes, exchange and specie has risen
to per cent. And whereas both the duties and premium
on exchange, first advanced by the importing merchant and
finally paid by the people, who consume the imported goods,
amount to a burdensome tax; and whereas it is believed
that the duties aforesaid might be payable in the Bank currency
of the respective States, or other arrangements made
which would relieve the people from the costs of specie,
without detriment to the public service; therefore,
Resolved, That the Congress of the Confederate States
are hereby respectfully requested to enquire into the practicability
of so amending the revenue laws, as to authorize
the duties on imports to be paid in the bills of such solvent
banks of the Confederate States as may be selected for that
purpose by the Secretary of the Treasury, or in their wisdom
to make such other provision for the collection of the
revenue, as will relieve the country from the payment of
existing premiums on specie.
Mr. Moor, of Spalding, from the Committee on Enrollment
made the following report:
Mr. President:
The Committee on Enrollment report as duly enrolled
and ready for the signature of the President--
A resolution to strike out "United States" in the Revised
Code of the Laws of this State, and to insert "Confederate
States," and in the publication thereof.
Also,
A resolution relative to investment by administrators,
guardians, &c., of trust funds in the bonds of the Confederate
States--
Which resolutions were signed, and transmitted to the
Secretary of State.
Mr. Alexander, of Upson, laid on the table the following
resolution, which was read:
Resolved, That this Convention will adjourn on Friday,
the 22d instant, to re-assemble at Milledgeville at the call
of the President, if the public interest should require the
same, and in case of his death or resignation, then at the
call of the Governor.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, to whom was referred the revision of the Constitution
of the State, asked leave of absence for said committee
during the sittings of the Convention, and also the
privilege of directing that 300 copies of their report, as far
as it has progressed, be printed.
The leave asked for was granted.
Mr. Robinson moved to take up his resolution relative to
the per diem pay of the members of this Convention on the
day of their visit to Fort Pulaski.
Leave of absence was granted to Messrs. Mitchell, Cannon
of Rabun, Hargrove and Poe.
Mr. Hood offered the following resolution, which was
taken up and read:
Resolved, That no member of this Convention shall receive
per diem compensation after leave of absence granted
for the balance of the session, or who shall leave the Convention
without permission.
Mr. Styles moved to lay the resolution on the table the
balance of the session, which motion was lost.
Mr. Wellborn moved to add the words "except on account
of sickness in his family," which was lost.
The resolution was then adopted.
On motion of Mr. Bell, of Forsyth, the preamble and
resolution introduced by him on yesterday relative to economy
in the public expenditures and the multiplication of
offices in the State and Federal Governments, were taken
up and read.
Mr. Styles moved to refer the same to the Committee on
the Constitution and Laws of the State, and Constitution of
the United States.
Pending the consideration of which, Mr. Bell, of Forsyth,
called for the "previous question," which being seconded
and sustained, the main question, to-wit, the adoption of
the resolution, was put upon its passage, when he demanded
that the yeas and nays be recorded.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Staley.
A quorum being present, the journal was read.
Mr. Hansell moved to reconsider so much of the journal of
yesterday, as relates to the adoption of the preamble and
resolutions of Mr. Bell, of Forsyth, relative to economy in the
public expenditures and the multiplication of officers in the State
and Federal Governments.
The motion prevailed, when, on motion, the resolutions were
taken up.
Mr. Means offered the following as an amendment, and an
additional resolution, which was received, to-wit:
Resolved, That this Convention recognises with sincere
pleasure, and high approval, the practical application of the
foregoing principles in the organization and outfit of the
Confederate States, and rely with confidence on the wisdom and
prudence of the proper authorities, for a proper and economical
administration.
Mr. Whitehead moved to lay the resolutions on the table for
the balance of the session.
The motion was lost, and the preamble and resolutions, as
amended, were adopted.
Mr. Clarke, of Dougherty, laid on the table the following
Ordinance, which was read:
AN ORDINANCE
To modify the Act of the General Assembly of 1859,
relative to Bank Suspensions.
Be it ordained, That whenever a citizen shall present at
the counter of any of the Banks of this State, a certificate
of any collector of custom of this State, that said citizen
is due such Collector for duties on goods, a specified amount,
such Bank shall redeem in specie its own bills presented to
an amount at most equal to such amount due for customs;
provided such applicant shall, if required by the Bank,
swear that he is a citizen of this State, in good faith, owing said
duties, and that he has not, in a similar manner, taken from any
other Bank an amount which, with the amount then demanded,
will exceed the amount covered by the Collector's certificate.
Be it further ordained, That this Ordinance shall continue in
force until further action is taken by the General Assembly of this
State, or the Congress of the Confederate States shall provide for
the payment of the revenue in bills of solvent Banks.
Be it further ordained, That if any Bank shall refuse to redeem
said bills in the manner aforesaid, it shall be liable to all the
penalties in force, prior to said Act of the General Assembly of
1859.
Mr. Hill, of Troup, offered the following resolution, which, by
unanimous consent, was taken up, read, and adopted:
Resolved, That the resolution in relation to per diem
compensation, shall not exclude from compensation the delegate
from Lincoln county to whom leave of absence was granted on
account of sickness, which sickness was contracted while in
attendance upon the Convention; but said delegate shall be
entitled to full mileage and per diem pay.
On motion of Mr. Cobb, chairman of the Committee on the
Constitution and Laws of the State, and of the United States, the
report of said Committee, on the "Constitution of the State," was
made the special order of the day, for to-morrow at 10 o'clock, A. M.
Mr. Roddey, from the Committee to arrange the Senatorial
Districts, made the following report:
Mr. Roddey, from the Committee to whom was referred
the duty of arranging the Senatorial Districts of this State, and to
prepare an Ordinance therefor, reports the following.
ORDINANCE:
The people of Georgia in Convention assembled do hereby
declare and ordain, That the Senatorial Districts of this State
shall be organized by counties as follows:
The thirty-ninth of Cherokee, Milton, and Forsyth.
The fortieth of Union, Towns and Rabun.
The forty-first of Fannin, Gilmer and Pickens.
The forty-second of Cass, Floyd and Chattooga.
The forty-third of Murray, Whitfield and Gordon.
The forty-fourth of Walker, Dade and Catoosa.
The Report was taken up and read.
Mr. Tidwell, from the same committee, offered the following as a
minority
REPORT:
The 37th District shall be composed of the counties of Troup,
Merriwether, and Heard; the 36th District, of Coweta, Fayette, and
Clayton; the 34th District, of Fulton, Gwinnett, and DeKalb; the
35th District, of Cobb, Campbell, and Carroll; the 26th District,
of Spalding, Henry, and Butts.
Mr. Chastain moved the previous question, which
being seconded and sustained, the main question, to-wit: the
adoption of the original Report, was put, and decided
in the affirmative. So the Ordinance embraced therein, having been
read twice, was adopted.
Mr. Glenn of Fulton, from the committee on the Constitution
and Laws of the State, and the Constitution of the United States,
to whom was referred the Resolution tendering a location for the
Capitol of the Confederate States, reported the following
Resolutions:
Resolved, That the Convention hereby expresses the
willingness of the People of Georgia to cede a portion of
the Territory of this State, not exceeding ten miles square, to the
Government of the Confederate States, for a Capital and permanent
seat of Government; and should the Confederate States select
any portion of the Territory of this State for said purpose, the
Legislature be, and it is hereby
authorized to cede jurisdiction thereof; if, in their judgment, such
cession be consistent with the interest and safety of the State.
Resolved, That the President of this Convention forward a
certified copy of the above and foregoing Resolution to
the President of the Congress of the Provisional Government of
the Confederate States.
The report was taken up, read, and adopted.
Mr. Cannon of Rabun laid upon the table the following
Resolution, which was taken up, read and lost:
Resolved, That the Resolution relative to compensation, shall
not exclude the delegate from Rabun county, who
has been granted leave of absence on account of sickness, which
sickness was contracted while returning from the session at
Milledgeville.
Mr. Alexander of Upson offered the following Ordinance, which
was taken up, and read:
AN ORLINANCE
To perfect the organization of the Senate of the State of
Georgia:
Be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained by authority of the
same,
That when the Senate shall convene and organize, it shall as
soon as practicable, proceed to divide the said Senators into two
classes; one class to consist of the Senators chosen from the
Districts which are known by having odd numbers, and the other
class to consist of the Senators chosen from the Districts being
known by even numbers--one class to hold their office for two
years, and the other class for four years--the same to be
determined by lot. At every subsequent election (which shall be
bi-ennial,) each District of the class whose time it shall be to elect,
shall choose its Senator, who shall hold his office for the term of
four years.
Mr. Tidwell moved to refer the same to the committee on the
Constitution and Laws.
The motion was lost.
Mr. Starr moved to strike out all in relation to the division of
Senators, and the four years tenure, and insert "that the Senators
shall be elected bi-ennially."
Mr. Alexander of Upson moved the previous question,
which being seconded and sustained, the main question, to-wit:
the passage of the Ordinance, was put, when the
yeas and nays were demanded to be recorded.
Mr. Martin of Lumpkin laid upon the table the following
Preamble and Resolutions, which were taken up, and read:
Whereas, The Rev. Charles W. Thomas, a citizen of Georgia,
and lately a Chaplain in the United States Navy,
did, upon the secession of the State of Georgia, immediately resign
his office in said United States Navy, thus acknowledging his
duty and allegiance, both to Georgia and
the South, as a true and devoted son. And whereas, in point of
talents and attainments, whether as rendering him capable to
honor his State, or serve the holy cause of religion, he stands
inferior to none. And whereas, as well for his many years of
laborious service, in doing good
among the soldiery of the sea, at many personal sacrifices, as his
unabated desire to continue in a similar service under the
Confederate States of America: And whereas, he was the first
among his brother Chaplains, to approve the policy of the
seceding States, by being first to resign his place in the old
government. Therefore,
Resolved, That this Convention recommend him to the
appointing power of the Confederate States of America, with the
request that he receive the appointment of Senior Chaplain of the
Navy, or such other rank or station, as his official character and
merit deserves.
Resolved, That the Secretary forward a copy of the foregoing
Preamble and Resolutions to the proper department of the
Confederate States of America, having jurisdiction in the premises.
Mr. Bartow moved to refer the same to the committee on
Military Affairs.
The motion did not prevail, and the Preamble and Resolutions
were adopted.
Leave of absence was granted to Messrs. Hill of Hart, and McGriff.
Mr. Cobb moved that when the Convention proceed to consider
the order of the day for to-morrow, it do so in secret session.
The motion prevailed.
The Convention then adjourned till 4 o'clock, P. M.
FOUR O'CLOCK, P. M.
The Convention met persuant to adjournment.
Mr. Hawkins asked leave of absence for the balance of the day,
for the committee on the organization of the Congressional
Districts.
The leave of absence was granted.
Mr. Phinizy of Monroe offered the following Resolution,
which was taken up, read, and laid on the table for the
present:
Resolved, That this Convention will adjourn on Friday, the 22nd
inst.
Mr. Bartow from the committee on Military Affairs, laid
on the table the following Ordinance, which was taken up, read twice, and
adopted:
AN ORDINANCE
To transfer to the Government of the Confederate States, certain
arms and munitions of war, and for other purposes.
The people of Georgia in Convention assembled do ordain,
SECTION 1st. That the control of all military operations in this
State, having reference to or connection with questions between
this State, or any of the Confederate States of America, and powers
foreign to them, is hereby transferred to the Government of the
Confederate States of America.
SEC. 2d. That the State of Georgia hereby transfers to the
Government of the Confederate States of America, the arms and
munitions of war, acquired from the United States, with the Forts
and Arsenals, and which are now in the said Forts and Arsenals.
SEC. 3d. That the Governor of this State is hereby authorized to
transfer to the Government of the Confederate States, such arms,
munitions of war, vessels or steamers belonging to the States, as in
his judgment may be expedient, and upon such terms as may be
agreed on with the said Government of the Confederate States.
SEC. 4th. The transfer herein provided for, shall be conducted
on the part of this State by the Governor thereof, the Government
of the Confederate States undertaking to account for all such arms
and munitions of war, as are hereby transferred.
He, also, from the same committee, reported the following
ordinance, which was taken up, read twice, and adopted.
To transfer to the Provisional Government of the Confederate
States of America, the use and occupancy of the Forts,
Arsenals, Navy Yards, Custom Houses, and other public sites
within the limits of this State.
The People of Georgia, in Convention assembled, do ordain,
That the Government of the Confederate States of America is
hereby authorized to occupy, use, and hold possession of all
Forts, Navy Yards, Arsenals, Custom Houses, and other public
sites, with their appurtenances within the limits of this State, and
lately in the possession of the United States of America, and to
repair, rebuild, and control the same at its discretion, until this
ordinance be repealed by a Convention of the people of this State.
Mr. Bartow laid on the table, the following memorial, which was
read:
To the Honorable, the President and Members of the Georgia
Convention.
The petition of the undersigned respectfully sheweth unto
your honorable body, that by an ordinance passed on
the--day--A. D. 1861, the Governor of Georgia
was authorized to receive and commission into the service
of this State, all officers of the Army and Navy, members of
the Army and Navy of the United States who should
resign, and tender their services to the Governor of this
State.
That under the construction placed upon the ordinance by his
Excellency the Governor, it appears that the services of your
petitioner who recently resigned the position of Captain in the
United States Navy, cannot, under said ordinance be accepted,
and for this reason.
The ordinance referred to, appears to contemplate the
appointment of only such officers as should resign from the active
list of the United States Army and Navy. Your petitioner was on
the reserved list of the United States Navy,
and from that list resigned his position of Captain as aforesaid.
Your petitioner respectfully submits, that at his own request,
he was placed upon the reserve list. That he is not
an invalid, but in the possession of sound health, and ready
and able to perform any and every service which may be
required of him, either at sea or upon shore. That he has
been for more than fifty years actively engaged in the Naval
service of the United States. That he is a native Georgian,
and very desirous of again serving his State in her
sovereign capacity, or as a naval officer in the Confederate
Navy.
And your petitioner would further show unto your honorable
body, that the reason why a retired list is used, is simply, where
there is a redundancy of officers, and where advanced officers
have been for a longtime actively engaged in the service, leave of
absence is granted to such officers, in order to afford opportunty
for recuiting themselves, and also to permit young officers to see
the service, which will prepare them for any and every emergency.
And your petitioner would most respectfully and earnestly
request that your Honorable body would authorize his Excellency
the Governor, to receive your petitioner into the service of the
State, upon the same terms, and with the same rank with the
position in the United States Navy, from which your petitioner
recently resigned.
And your petitioner hereby expresses himself ready and
anxious to do and perform any and every active service that may
be required of him.
And your petitioner would earnestly request that such a
construction may be placed upon the said ordinance, as will
relieve your petitioner from its application, and further that his
Excellency, the Governor of Georgia, may be enabled under and by
said ordinance and its provisions, to receive into the service of
the State your petitioner in the manner within indicated.
And your petitioner as in duty bound will ever pray &c.,
Signed,
THOS. M. NEWELL,
late Captain of the U. S. Navy.
Savannah, March 19th, 1861.
Page 222
He then offered the following resolution, which was taken up, and read:
Resolved, That officers of the Navy on the retired list, shall be
placed on the same footing as those on the active list, under the
provision of an ordinance entitled an ordinance concerning
officers of the Army and Navy heretofore passed by this
Convention.
On motion of Mr. Kenan, the resolution was laid on the table.
On motion of Mr. Alexander, of Upson, the Convention then
adjourned till ten o'clock to-morrow morning.
THURSDAY, MARCH 21, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Low.
A quorum being present, the journal was read, when Mr. Tidwell
moved to reconsider so much of the journal of yesterday as relates
to the adoption of the report of the Committee to organize the
Senatorial Districts of the State,
in relation to the rejection of his amendment, upon the adoption of
the ordinance reported by said committee.
The motion was lost.
Mr. Briscoe, from the Committee on Enrollment made the
following report, to-wit:
Mr. President:
The Committee on Enrollment report as duly enrolled, and ready
for the signature of the President--
AN ORDINANCE
To transfer to the Provisional Government of the Confederate
States of America, the use and occupancy of the Forts,
Arsenals, Navy Yards, Custom Houses, and other public sites,
within the limits of this State.
To transfer to the Government of the Confederate States,
certain arms and munitions of war, and for other purposes.
Both of which were signed by the President, and deposited in
the office of the Secretary of State.
On motion of Mr. Cobb, the Convention went into secret
session, and having spent some time therein, adjourned, on motion
of Mr. Cobb, till to-morrow morning nine o'clock.
FRIDAY, MARCH 22, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Williamson.
A quorum being present, the journal was read,
When leave of absence was granted to Mr. Stephens, of
Monroe, and Messrs. Ramsey and Munnerlyn, who have been
ordered to Pensacola with their companies, and also to Mr.
Garvin, of Richmond.
Mr. Hull announced that he was authorized and requested
by George Younge, Esq., the Superintendent of the Georgia
Railroad, at Augusta, to tender the use of that road free of charge,
to returning members and officers the Convention.
On motion of Mr. Cobb, the Convention went into secret
session, and having spent some time therein, adjourned till ten
o'clock to-morrow morning.
SATURDAY, MARCH 23, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Landrum.
The Convention, being in secret session, on motion of Mr.
Rice, took up the following resolution:
Resolved, That a "Committee of Seven" be appointed to
examine into the condition of the defences of the city of
Savannah and its approaches; to enquire what additional defence,
if any, may be necessary, and to report to this Convention at the
earliest possible day.
Mr. Styles moved to amend the same by inserting after the
word "approaches," the following: "and along the coast of Georgia."
The motion was lost.
Mr. Shropshire, of Floyd, offered the following as a substitute for
the foregoing resolution:
Resolved, That his Excellency, the Governor of this State, be
requested to communicate to this Convention all the
information in his possession relative to the condition of the
defences of the State.
Which, on motion of Mr. Briscoe, was amended by adding the
following:
"And that a committee of seven be appointed to examine
into the condition of the defences of Savannah and its
approaches; to inquire what additional defence, if any,
may be necessary, and report thereon to this Convention at the
earliest possible day."
On motion of Mr. Harris, of Glynn, the same was further
amended by adding the following:
"And an additional Committee of Seven to enquire into
the whole coast of the State."
The substitute, as amended, was received, when Mr.
Styles moved that the Convention do now adjourn.
The motion was lost.
Mr. Roddey called for the "previous question," which being
seconded and sustained, the main question was put, to-wit, upon the
passage of original resolution of Mr. Rice, which was carried.
So the resolution was adopted.
The Convention then adjourned till eleven o'clock to-morrow morning.
FRIDAY, MARCH 15, 1861.
The Convention met in secret session, Mr. Hull in the
Chair, when the following communication from his Excellency,
Governor Brown, was taken up, read, and,
On motion of Mr. Glenn, of Fulton, was referred to the
"Committee on Military Affairs," to-wit:
SAVANNAH, March 15th, 1861.
To the Convention:
While in session at Milledgeville, an ordinance was
passed by the Conventian, which made it my duty to raise two
regiments of regular troops in Georgia; which regiments
were expected to be turned over to the General Government
of the seceding States when formed, and to become a
part of the regular Army of the Confederacy. The ordinance
made it my duty, as far as practicable, to officer the
regiments with Georgians, who were lately officers in the
United States Army, and who had or might resign, with the
patriotic purpose of entering the service of this State. I was also
directed to preserve the relative rank of all such officers.
In obedience to the commands of the Convention, I proceeded as
fast as possible, with the organization of the regiments. In the
selection of officers, I not only appointed every officer of the United
States Army from Georgia, who had at the time resigned, but I
appointed every one on the active list in the Army and Navy from
Georgia. Some were in Oregon or Washington Territory, some on the
coast of Africa, and one probably in India. These had not resigned;
but I felt it my duty to reserve a place for each of them, till he could
be heard from. I preserved the relative rank of each, by appointing
no one of a lower grade, over any one of a higher grade; and I
advanced each as far as it was in my power to do. The whole number
however, was not sufficient to officer the two regiments. I was
obliged therefore, to fill part of the places with gentlemen from civil
life. This I did by the appointment of such gentlemen, as were, in my
judgment, best qualified for the discharge of the duties of the
respective positions assigned them. I may be here excused for
remarking, that my conduct has been criticised and censured by
some, because I appointed certain gentleman from civil life, to
higher positions than I give some of the officers of the Army.
It is true that I have appointed gentlemen who were not officers
in the United States Army, to higher positions than I have given to
some who were officers of the Army. Had I pursued a different
course, and appointed no one from civil life, till I had given each
Army officer a place; I must have excluded gentlemen of anything
like high position, who had age and experience, from any place in
the regiments, as they could not have accepted positions below the
lowest grades of Army officers. As an instance, I appointed Gen.
Charles J. Williams, of Muscogee, who served with distinction in
the war with Mexico, is the present Speaker of the House of
Representatives of the State, and a Brigadier General, to the
position of Lieutenant Colonel of the first Regiment; and Col. E.
W. Chastain, a member of this Convention, who has been a
Representative in the Congress of the
late United States, from this State, and who commanded a
regiment in the Florida war, as Lieutenant Colonel of the
Second Regiment. I certainly could not, with any degree of
propriety, have tendered, either of these gentleman a place below a
young gentleman recently graduated at West Point, who occupied
the position of a Second Lieutenant only, in the United States
Army.
I might mention other instances when such an appointment
would have been equally improper. Had I refused to appoint any
gentleman of position similar to those above
mentioned, and given all the first places to Army officers, I must
have filled all the remaining places with young gentlemen from
civil life, who had but little experience. The result would
have been, that the Army officers and the young gentlemen
appointed from civil life, would have been alike in a great measure,
strangers to our people; and could not
probably have enlisted the regiments in two years. Indeed I may
say, that nearly all the recruits obtained thus far, have been
enlisted by officers appointed from civil life. Most of the recruits
have enlisted because they knew those gentlemen, had confidence
in them, and were willing to serve
under them. They would not have enlisted under Army officers or
strangers.
Between four and five hundred recruits have already been
obtained, and others are coming in daily. Justice to them requires
that they be permitted to go under those on the faith of whose
command they enlisted, or that they be discharged. It has
frequently been remarked that the appointments made by me, would
not be recognized by the President. I have organized the regiments
and made the appointments under the direction of the Convention
of the people of this State, and must submit the question back to
the authority under which I have acted, for instruction in the
premises, in case the action of the authorities in this State is not
recognized. I am informed by a member of
the Convention, who had an interview with the President,
that the regiments will be received for the three years for
which they enlisted, but that the officers will not be accepted
as permanent officers of the Army of the Confederate
States. It is for the Convention to say upon what terms
they will consent to have these regiments and their officers
received.
I have tendered them to the Secretary of War, and am prepared
to follow any instructions which the representatives of the people, under
whose authority I have acted, may think proper to give.
It will be borne in mind by members of the Convention, that the
Legislature at its last session, authorized the Governor to accept
the services of ten thousand volunteers. The Government of the
Confederate States has assumed control of all military operations,
which are to be conducted against foreign powers within the limits
of any of the Confederate States. The State has reserved to itself
however, the right to repel invasion, and to use military force in
case of invasion or imminent danger thereof.
If we should be suddenly attacked by a large force, the first law
of nature might require that we meet and expel the invaders
without delay. In such an event, a thorough organization of the
Volunteer force of the State, would be indispensable to prompt
action. With a view to secure such organization, I have appointed
Colonel Henry R. Jackson, of Chatham, Major General of the first
division of Volunteer forces, and Paul J. Semmes of Muscogee, and
William Phillips of Cobb, Brigadier Generals.
Col. William H. T. Walker, late of the United States
Army, who has rendered most distinguished service on so
many battle-fields, has also been appointed Major General
of the second division. The first division will be organized
as speedily as possible, and the officers called together for
the purpose of drill; after which they will be ordered to
hold the troops under their command in readiness as minute
men, to be called into active service, should a sudden invasion,
or a call from the Government of the Confederate
States render it necessary. The companies will not, however,
be taken into the pay of the State, till they are required for active service.
My sincere desire is to render to the government of the
Confederate States, all the assistance in my power, in the
prosecution of the noble work in which the representatives of a
free and independent people are engaged. We must remember,
however, that the government has but recently
been formed, and that time is necessary to the full development of its
resources and the manifestation of its power.
In the mean time, the State authorities should be actively
engaged in preparation for self-defence, and should leave
nothing undone which is necessary to advance the common cause in
which we are all so vitally interested. I shall, to the extent of my
ability, cheerfully and promptly carry into effect all instructions
which the Convention may think proper to give upon this and
other subjects.
I would enter more into detail in regard to our military
preparations, but do not think that the public interest could at
present be promoted by a public disclosure of plans and operations
which, to be successful, must necessarily be private.
I respectfully suggest that the Convention authorize me, by the
sale of State Bonds, or the use of Treasury notes, or both, to raise
and expend such sums of money, in addition to the appropriation
made by the Legislature, for military purposes, as the public
exigencies may require.
JOSEPH E. BROWN.
Mr. Rice, from, the "Committee of Seven," who had
been appointed to examine into the condition of the defences
of the city of Savannah and its approaches, to inquire
what additional defence, if any, was necessary, made the
following report, which was taken up, read, and,
On motion of Mr. Bartow, was referred to the "Committee on
Military Affairs," to-wit:
The Committee appointed to examine into the condition of the
defences of the city of Savannah and its approaches, and to
enquire what additional defences, if any, may be necessary,
having, as far as in their power, performed the
duty assigned them, report as follows:
Having examined into the condition of the defences of
the city of Savannah and its approaches, and having taken
the opinions of persons skilled in such matters as to the
sufficiency of those defences, your committee report that
the defences of the city of Savannah and its approaches, in
their present condition, are entirely inadequte to its protection,
and could not resist a strong hostile attack. This
inadequacy of these defences arises mainly from a want of
cannon, and especially from the want of guns of large calibre and
long range. We are assured by those skilled in the science of
defensive operations, that with a sufficiency of guns of the right
kind, the defences could soon be rendered complete. The great
difficulty has been, and continues to be, in procuring such guns as
are needed for the defences. We learn from his Excellency, the
Governor of the State, that he had a contract with an Iron Company
in Pittsburg, Pa., for a number of such guns as are most needed, but
that when the guns were made, such was the prejudice of the
people of that city against the seceding
States, that the contractors declined delivering the guns, and
abandoned the contract. This delayed the obtaining the needed
supply of guns. The Governor informs your
committee that he is now procuring a supply of such guns as are
most needed from Iron Works in the State of Virginia, as fast as the
same can be manufactured and forwarded. The Government of the
Confederacy having given notice to the States of the Confederacy
that it will take charge of all Forts, Arsenals, &c., and of all military
operations, it might seem to be the duty of that government to
provide for the defence of Savannah, and of all exposed points of
our State.
When, however, we recollect that the government of the
Confederacy is, as yet, only a provisional government, that
it has just been organized, and is as yet without money, or
the means of providing for the common defence of all the
States, except as the money is furnished to it by the States,
and that the State of Georgia must therefore from the necessity
of the case furnish the money to provide for her
own defence, your committee think that the surest and the
best way of doing so will be for the State to continue to
purchase all the guns that may be needed for the defence of
the State. These guns will then be the property of the
State, and if at any time hereafter it should be deemed advisable
that the same should be turned over to the
government of the Confederacy, after a permanent government is
formed, and that the government can receive and
account for the guns on such terms as may be agreed on
between this State and the Confederate government. Your
committee would therefore recommend the passage of an
ordinance authorizing and instructing the Governor of this
State to continue to purchase as fast as the same can be
procured, all such guns as are or may be necessary for the
defence of Savannah and its approaches, as well as for the
defence of any other points on our seaboard, when the
same may be needed.
It is of the first importance that we make sure the defence of our
own State. Such moneys therefore as are intended for that purpose
had best be applied directly to that purpose by our State.
In connection with the foregoing, your committee further state
that the present want of cannon for our defences, and the difficulty
of procuring them, led your committee into the consideration of the
propriety of the adoption by the State of some measure by which
an early and sure supply of arms may be obtained by the State. At
present the State is, as above mentioned, procuring cannon from
Iron Works in the State of Virginia. The present indications are that
Virginia will, at least for some time, remain in the United States. If
hostilities should occur between the United States and this
Confederacy, the owner of those works in Virginia could not
continue to furnish us with
guns without a violation of the laws of the United States. There
would, therefore, be great danger, in case war should occur
between the United States and this Confederacy, that our supply of
guns would be cut off at the very time when we might need them
most. We could not, then, supply ourselves from Europe, because
guns would then become contraband articles.
It is therefore a matter of the greatest importance that we adopt
measures to secure a supply of large guns (and the same may be
said of all munitions of war) by having the same manufactured in
our own State. To accomplish this object, good policy as well as
economy dictate the importance of our encouraging any person or
persons who may be disposed to do so, to erect works for the
manufacture of cannon, &c. The erection of such works would
require capital, and men of capital will hesitate about embarking
their capital in what would be in this State a new business,
unless in some way secured against the probability of loss. For
these reasons and many others which we could urge, your
committee recommend that encouragement be given to the erection
of works in this State for the manufacture of cannon, by the offer of
a bonus to any person or company who shall, at the earliest day,
erect works in this State for the manufacture and casting of cannon,
and who shall agree to furnish the State at reasonable prices, such
number of "Columbiads" and other cannon as the State may
require. We recommend that the
bonus be offered for the casting of "Columbiads", because that is
the gun most needed for our defences. We feel assured that if the
payment of such a bonus secure the State a supply of such guns as
the State needs, it will be money well spent. We therefore
recommend the passage of the "ordinance" herewith submitted.
AN ORDINANCE
To encourage the manufacture of cannon in this State.
Be it ordained, by the people of the State of Georgia by their
delegates in Convention assmbled, and it is hereby ordained,
That the Governor of this State be, and he is hereby
authorized to offer a bonus not exceeding ten thousand dollars
to any person or company who shall erect a Foundry
in this State for the casting of cannon, and who shall at
the earliest day manufacture a ten inch "Columbiad," and
shall agree to furnish thereafter the State at reasonable
prices as many such guns and other large guns as shall be
required by the State, at the rate of three guns per week,
or such other number as may be agreed on, provided that
said gun and guns shall be subject to inspection by a competent
officer appointed by the Governor for that purpose.
The Convention then adjourned till ten o'clock to-morrow
morning.
The Convention met in secret session, when Mr. Cobb, from the
Committee on the Constitution and Laws of the State, and the
Constitution of the United States, to whom was referred the
revision of the Constitution of the State, made the following
Report:
THE
CONSTITUTION
OF
THE STATE OF GEORGIA.
ARTICLE 1.
DECLARATION OF FUNDAMENTAL PRINCIPLES.
1. The fundamental principles of Free Government cannot be
too well understood, nor too often recurred to.
2. God has ordained that men shall live under government; but
as the forms and administration of civil government are in human,
and therefore, fallible hands, they may be altered, or modified
whenever the safety or happiness of the governed requires it. No
government should be changed for light or transient causes; nor
unless upon reasonable assurance that a better will be established.
3. Protection to person and property is the duty of Government;
and a Government which knowingly and
persistently denies, or withholds from the governed such
protection, when within its power, releases them from the
obligation of obedience.
4. No citizen shall be deprived of life, liberty or property,
except by due process of law; and of life or liberty, only by the
judgment of his peers.
5. The writ of "Habeas Corpus" shall not be suspended, unless
in case of rebellion or invasion, the public safety may require it.
6. The right of the people to keep and bear arms shall not be
infringed.
7. No religious test shall be required for the tenure of any office;
and no religion shall be established by law; and no citizen shall be
deprived of any right or privilege by reason of his religious belief.
8. Freedom of thought and opinion, freedom of speech, and
freedom of the press, are inherent elements of political liberty. But
while every citizen may freely speak, write and print, on any
subject, he shall be responsible for the abuse of the liberty.
9. The right of the people to appeal to the courts; to petition
Government on all matters of legitimate cognizance; and
peaceably to assemble for the consideration of any matter of public
concern--shall never be impaired.
10. For every right, there should be provided a remedy; and
every citizen ought to obtain justice without purchase, without
denial, and without delay--comformably to the laws of the land.
11. Every person charged with an offence against the laws of
the State shall have the privilege and benefit of counsel:
Shall be furnished, on demand, with a copy of the accusation,
and with a list of the witnesses against him:
Shall have compulsory process to obtain the attendance of his
own witnesses:
Shall be confronted with the witnesses testifying against him; and
Shall have a public and speedy trial by an impartial jury.
12. No person shall be put in jeopardy of life or liberty more
than once for the same offence.
13. No conviction shall work corruption of blood, or
general forfeiture of estate.
14. Excessive bail shall not be required; nor excessive
fines imposed; nor cruel and unusual punishments inflicted.
15. The power of the courts to punish for contempt
shall be limited by Legislative Acts.
16. A faithful execution of the laws is essential to good
order; and good order in society is essential to liberty.
17. Legislative Acts in violation of the fundamental law
are void; and the Judiciary shall so declare them.
18. Ex post facto laws, and laws impairing the obligation
of contracts, and retro-active legislation injuriously affecting the
right of the citizen, are prohibited.
19. Laws should have a general operation; and no general
law shall be varied in a particular case by special Legislation;
except with consent of all persons to be affected thereby.
20. The right of taxation can be granted only by the people; and
shall be exercised only to raise revenue for the support of
Government, to pay the public debt; to provide for the common
defence, and for such other purposes as are specified in the grant
of powers.
21. In cases of necessity, private ways may be granted
upon just compensation being first paid; and with this exception,
private property shall not be taken except for public use; and then,
only upon just compensation; such compensation, except in cases
of pressing necessity, to be first provided and paid.
22. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures,
shall not be violated; and no warrant shall issue but upon
probable cause, supported by oath or affirmation, and particularly
describing the place or places to be searched, and the persons and
things to be seized.
23. Martial law shall not be declared, except in cases of extreme
necessity.
24. Large standing armies, in time of peace, are dangerous to
liberty.
25. No soldier shall, in time of peace, be quartered in any house
without the consen
