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Journal of the Senate of the Extra Session of the General Assembly,
of the State of Georgia, Convened by Proclamation of the Governor,
at Macon, February 15th, 1865:

Electronic Edition.

Georgia. General Assembly. Senate


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University of North Carolina at Chapel Hill,
2000.

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(title page) Journal of the Senate of the Extra Session of the General Assembly, of the State of Georgia, Convened by Proclamation of the Governor, at Macon, February 15th, 1865
Georgia. General Assembly. Senate
182 p.
MILLEDGEVILLE, GA.,
BOUGHTON, NISBET, BARNES & MOORE, State Printers,
1865.

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


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Library of Congress Subject Headings, 21st edition, 1998

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JOURNAL
OF THE SENATE
OF THE
Extra Session of the General Assembly,
OF THE
STATE OF GEORGIA,
Convened by Proclamation of the Governor,
AT MACON,
FEBRUARY 15TH, 1865.

BOUGHTON, NISBET, BARNES & MOORE, STATE PRINTERS,
MILLEDGEVILLE, GA.,
1865.


Page 3

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA.

WEDNESDAY, FEB. 15th, 1865.
10 O'CLOCK, A. M.

        In conformity to the Proclamation of His Excellency the Governor, the General Assembly of the State of Georgia met at the City Hall in the City of Macon, in the State of Georgia, on Wednesday the 15th of February, in the year of our Lord one thousand eight hundred and sixty-five.

        The President of the Senate the Honorable A. R. Wright, and the President pro tempore, the Honorable Peter Cone, being absent, the Senate was called to order by their Secretary Lewis H. Kenan, Esq., who proceeded to call the roll, when the following Senators answered to their names:

        Anthony, Bacon, Chambers, Ezzard, Grice, Groover, Guerry, Hammond, Pate, Polk, Ramsay, Sprayberry, Watkins, Whitaker,

        The following Senators were absent:

        Baker, Barr, Bennett, Blackwell, Cone, Cook, Gaulden, Griffin, Guyton, Hubbard, Johnson, Ledford, Lloyd, Mabry, McCutchen, McDonald, McRae, Nisbet, Pafford, Pottle, Price, Simmons, Spear, Underwood, Walker, Walton, Wells, West, White, Wright.

        It appearing that no quorum was present, Mr. Bacon moved that the Honorable T. L. Guerry be called to the Chair, which was agreed to.

        Mr. Groover moved that the Messenger and Door Keeper be dispatched over the city to request the attendance of absent Senators, pending which, on motion of Mr. Hammond the Senate adjourned to 3 o'clock P. M.


Page 4

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment. Upon the call of the roll no quorum being present, on motion of Mr. Ramsay the Senate adjourned until to-morrow morning 10 o'clock.

THURSDAY, February 16th, 1865.

        The Senate met pursuant to adjournment.

        Upon the call of the roll, the following Senators answered to their names:

        Anthony, Bacon, Chambers, Ezzard Grize Groover, Guerry, Hammond, Hubbard, Mabry, McDonald, Pate, Polk, Ramsay, Spear, Sprayberry, Walker, Watkins, West, Whitaker.

        The following Senators were absent:

        Baker, Barr, Bennett, Blackwell, Cone, Cook, Gaulden Griffin, Guyton, Johnson, Ledford, Lloyd, McCutchen McRae, Nisbet, Pafford, Pottle, Price, Simmons, Underwood, Walton, Wells, White, Wright.

        No quorum being present, on motion of Mr. Grice the Senate adjourned until 4 o'clock, P. M.

4 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Upon calling the roll, it was ascertained that no quorum was present. Upon motion of Mr. West the Senate adjourned until 10 o'clock to-morrow morning.

FRIDAY MORNING, February the 17th, 1865.

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

        Upon calling the roll, it was ascertained that a quorum was present.

        Mr. Chambers moved that the Senate proceed to elect a


Page 5

President temporarily to preside over the body, and nominated for that position the Hon. T. L. Guerry of the 12th Senatorial District, which motion was agreed to.

        Upon a ballot, viva voce, Mr. Guerry was declared duly elected.

        Those who voted for Mr. Guerry are Messrs:

        Anthony, Bacon, Chambers, Ezzard, Grice, Griffin, Groover, Hammond, Hubbard, Mabry, McDonald, Pate, Polk, Pottle, Ramsay, Spear, Sprayberry, Walker, Watkins, West, Whitaker, White.

        Mr. Guerry voted for Mr. Chambers.

        Upon motion of Mr. Pottle a committee of three were appointed to inform Mr. Guerry of his election, request his acceptance and conduct him to the Chair.

        The committee consisted of Messrs. Pottle, Bacon and Polk

        Upon taking the Chair the President pro tem tendered his acknowledgement to the Senate and declared the body organized and ready for business.

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

        Mr. President:--The House of Representatives have instructed me to inform the Senate that a quorum of their body being present, they are now ready to proceed to business.

        The House has appointed Messrs. Moore, Adams, and Mitchell of Pulaski, to join such committee as may be appointed on part of the Senate to wait upon His Excellency the Governor, and inform him that both branches of the General Assembly are now organized, and ready to receive any communication he may have to make.

        Mr. Chambers offered the following resolution which was adopted:

        Resolved, That the Hons. C. C. Clay of Alabama, B. H. Hill and Howell Cobb of Georgia, be invited to seats on the floor of the Senate.

        Upon motion of Mr. Whitaker, the rules of the last session were adopted for the government of this session.

        On motion of Mr. Bacon fifty copies of the rules and one hundred copies of the list of Senators were ordered to be printed for the use of the Senate.

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

        Upon motion of Mr. Ramsay, the Senate concurred in the resolution of the House of Representatives to appoint a joint committee to wait upon His Excellency the Governor,


Page 6

and inform him of the organization of the General Assembly and their readiness to receive any communication he may desire to make.

        The Chair appointed as such committee, on part of the Senate, Messrs. Ramsay, Ezzard and Griffin.

        On motion of Mr. Ramsay, leave of absence was granted to Mr. Simmons, the Messenger of the Senate.

        Mr. Polk moved to take up and proceed with the unfinished business of the last session, which was lost.

        On motion of Mr. Pottle, the chair was authorized to appoint a messenger pro tem.

        Mr. Bacon offered the following resolution, which was adopted:

        Resolved, That the Hon. Wm. H. Chambers. Representative in the Legislature of Alabama, be invited to a seat on the floor of the Senate, and that a committee of three be appointed to wait upon him and inform him of the action of the Senate, which committee consisted of Messrs. Bacon, Grice and Groover.

        Mr. Ramsay from the committee appointed to wait upon the Governor, reported that the committee had discharged that duty, and were instructed by the Governor to inform the Senate that he would communicate with the Senate in a few minutes.

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

        Mr. President:--I am directed by the Governor to deliver to the Senate a message in writing:

        Upon motion, the message from His Excellency the Governor, was taken up and read as follows:


Page 7

EXECUTIVE DEPARTMENT,
Macon, Ga., February 15, 1865.

To the Senate and House of Representatives:

        Since your adjournment in November, the army of invasion, led by a bold and skillful General, have passed through our State, laid waste our fields, burned many dwelling houses, destroyed county records, applied the torch to ginhouses, cotton, and other property, occupied and desecrated the capitol, and now hold the city of Savannah, which gives them a water base from which they may in future operate upon the interior of the State.

        The army of Tennessee, which contained a large number of Georgia troops, and was relied on as the only barrier to Sherman's advance, the removal of which left Georgia at the mercy of the enemy, was ordered off beyond the Tennessee river upon a campaign which has terminated in disaster. In the midst of these misfortunes Georgia has been taunted by some of the public journals of other States because her people did not drive back and destroy the army of the enemy. Those who do us this injustice fail to state the well known fact that of all the tens of thousands of veteran infantry, including most of the vigor and manhood of the State, which she had furnished for Confederate service, but a single regiment (the Georgia Regulars,) of about three hundred effective men, was permitted to be upon her soil during the march of General Sherman from her North-western border to the city of Savannah; and even that gallant regiment was kept upon one of our islands most of the time; and not permitted to unite with those who met the enemy. Nor were the places of our absent sons filled by troops from other States. One brigade of Confederate troops was sent by the President from North Carolina, which reached Georgia after her capitol was in the possession of the enemy.

        Thus abandoned to her fate and neglected by the Confederate authorities, the State was left to defend herself as best she could against a victorious army of nearly fifty thousand of the best trained veteran troops of the United States, with only the Georgia reserves and militia, consisting of a few thousand old men and boys, while her army of able-bodied gallant sons were held for the defence of other States, and denied the privilege to return and strike an honest blow for the protection of their homes, their property, their wives and their children.


Page 8

        While the Confederate reserves in other States have been but little of their time in the field on active duty, and the militia, consisting of boys between sixteen and seventeen, and old men between fifty and sixty, and agriculturalists detailed by the Confederate government, have not in most of the States been called out at all, the Confederate reserves, the reserve militia, the detailed men, the exempts from Confederate service, and most of the State officers, civil as well as military, have in this State been kept in the field almost constantly for the last eight months.

        These troops of classes not ordered out elsewhere, were placed under the control of the Confederate General commanding the department, and have participated in every important fight from Kennesaw in this State to Grahamville or Honey Hill in South Carolina. The important victory at the latter place was achieved by the Georgia militia, the Georgia reserves, the Georgia State line, the Forty-seventh Georgia Regiment, and a very small number of South Carolinians, all commanded by that able and accomplished officer, Major General G. W. Smith, of the Georgia militia. As I have seen no Confederate official account of this important engagement, which gives the credit where it is justly due, I mention these facts as part of the history of our State.

        If all the sons of Georgia under arms in other States, of which nearly fifty regiments were in Virginia, besides those in the Carolinas, Florida and Tennessee, had been permitted to meet the foe opon her own soil, without other assistance, General Sherman's army could never have passed from her mountains to her seaboard, and destroyed their property and their homes. He had nearly four hundred miles to march over an enemy's country; he was entirely dependent upon the wagon train which he carried with him for a supply of ammunition, without the possibility of replenishing after what he had was consumed. Had he been resisted from the start by a competent force, and compelled to fight, his ordnance stores must soon have been exhausted, and he forced to an unconditional surrender. Such another opportunity to strike the enemy a stunning blow will not probably occur during the war. The destruction of this army would have re-inspired our people with hope, depressed the spirits of our enemies, and might have prepared the way speedily for the negotiation of an honorable peace. It could have been done by the Georgia troops if permitted. It should have been done at the expense, if necessary, of the evacuation of Richmond, and the use of Gen. Lee's whole army thrown rapidly into Georgia for that purpose. No one would regret more than I to see that city, which has been so long and so nobly deended, surrender to the enemy; but it must be admitted,


Page 9

since the devastation of the country beyond, that it is now only a strong out-post of little military importance, compared with the great interior. It must also be admitted that Richmond is rendered insecure by the successes of General Sherman in the interior, and the position he has gained in the rear of that and other strongholds, which were relied on for defence. If his unobstructed movement through Georgia must result in the loss of Richmond, how much better would it have been if we had given the evacuation of Richmond for the destruction of his army.

        I have felt it my duty to refer to these facts in justice to my State, of which it may be safely said she has had a larger proportion of her white male population under arms for the last eight months, in defence of our cause, than any other State in the Confederacy. On account of the attachment of her people to the cause of State sovereignty and constitutional liberty, and their remonstrances against unjustifiable usurpations of power by the Confederate government, Georgia has been systematically if not wilfully misrepresented by government officials and organs, who give circulation to the most reckless and unjust comments upon the conduct of the people of the State and her government, without the magnanimity or common honesty to publish the facts when laid before them, which show their statements to be without any real foundation in fact. As an instance, I mention the fact that it has been industriously circulated that I, as Governor of the State, have kept fifteen thousand men out of service under the exemption acts. I corrected this misrepresentation by a published statement, which showed that I had put into service classes of persons not ordered out in other States, and that the whole number of State officers in Georgia who have been held by me under the legislation of the State to be exempt from military service, was only 1,450, of whom a large proportion are over military age. This correction was passed in silence by many who had given publicity to the groundless charge, which was intended to be injurious to the Governor of the State, to the persons exempted by her laws, and to the character of her people. I am satisfied, however, that impartial history will do justice to the government and people of Georgia, as well as to the conduct and motives of her assailants, who have stripped her of her strength and left her to the ravages of her foreign enemies.

The Militia.

        Experience has shown the necessity for amendments in our militia laws. The laws should be so changed as to provide for a separate organization of the old men over fifty years of age, under officers of their own number to be elected by them. All civil officers of the several counties now


Page 10

exempt from service should be made subject to militia duty in these organizations.

        When organized, the Reserve Militia of this class should be required to do all necessary police duty in their several counties and to arrest and turn over to the proper authorities, all deserters from State or Confederate service, and all persons subject to State service, who do not immediately report for duty, when required by General Orders. On failure to discharge this duty faithfully and efficiently, the Governor should be authorized to order them into the field for active duty in place of those permitted by them to remain at home who owe active service.

        As the detail of the men over fifty years of age for this service at home, who were called out prior to the organization of part of the brigades now in the field, has reduced them below the proper number of a brigade, and has left supernumerary officers, provision should be made for a reorganization by election of the Brigades, Regiments, Battalions and Companies now in service, reducing the number of organizations as may be proper, and the commissions of all not elected should be suspended and they be required to do service. This would make the organizations more effective. The militia under fifty years of age organized as above suggested should be known as the Active Militia.

        A permanent General Court Martial should be established for the trial of deserters and other delinquents. This would secure the enforcement of discipline, and the execution of a few guilty persons, would stop desertion. The militia organization completed upon this basis should be kept by the State during the war for the defence of her territory, and the execution of her laws, and should, in no case, be turned over to the unlimited control of the Confederate Government or any other power. Nor should it be sent out of the State unless it is for the protection of some part of our border, except in such cases of emergency as in the opinion of the Governor make it proper that Georgia give aid for a limited time to a sister State.

        The Confederate Constitution authorizes the State to keep troops in time of war. This is a reserved right, the exercise of which by the State violates no right of the Confederate Government, and infringes upon no delegated powers; nor is the exercise of a plainly reserved right by the State a breach of faith either to the Confederacy or any sister State.

        Our recent sad experience has shown the wisdom of the reservation. But for the troops kept by the State the city where you are now assembled would have been occupied, plundered and sacked by the enemy in their late march through the interior.

        The Constitution limits the State to no particular class


Page 11

or age. She may keep troops composed of any part of her citizens whom she may chose to organize. If we admit the constitutionality of conscription which authorizes Congress to conscribe our citizens to raise armies, that provision of the constitution must be construed with, and limited by, the reservation in the same instrument of the right of the State to keep troops in time of war. This would make the jurisdiction of the Confederate and State Governments concurrent over the arms bearing population of the States in time of war. It follows in that case that the Government which first organizes and places the troops in actual service has a right to hold them as against the other. The State acted upon this rule in the organization of the two regiments of the State Line, composed of persons of all ages able to do service who volunteered. Her right to keep these troops has never been questioned by the Confederate Government, nor indeed can it be.

        That portion of the militia organization not composed of Confederate exempts are generally of the most useful class of agriculturists, whose services at home during the more critical period of the crop, are indispensably necessary to the production of supplies. Whenever these men can be spared from home they should be kept in service, if the emergency require it. But they should not be turned over to unlimited Confederate control to be carried away from the State permanently, to the ruin of her material and productive interests. So long as they faithfully discharge their duty when called out, the State should keep them, giving them furloughs at such times as are necessary to secure their crops, if it can possibly be done. All who are absent without leave, when ordered out by the State, should be turned over to Confederate service for the war without regard to rank or age. This would stimulate them to prompt obedience to orders when called. The chief difficulty in the way of granting furloughs for limited periods when the troops could be spared, grows out of the fact that they often fail to respond promptly at the end of the time allowed them.

        On the 30th of August last, when the militia under the command of Major-General G. W. Smith, were in the trenches around Atlanta, a very short time before the fall of the city, the President made a requisition upon me for them with all others that I might be able to organize. At the time the requisition was made these troops had been for months in active service with the Army of Tennessee, under the command of the General who controlled it. They had participated in several engagements--had acted with distinguished gallantry; and had been about forty days almost constantly under fire around the city. Rations were issued to them by order of the Confederate General in command--and


Page 12

he had promised that they should be paid as other troops in the Confederate service.

        These troops were composed mostly of boys between sixteen and seventeen and old men between fifty and fifty-five years of age, who are not subject to service by the laws of Congress, in the army of the Confederacy. No law of Congress makes them in any way subject to the President's control. The statute of the State declares positively that they shall not be subject to any draft or compulsory process to fill any requisition made by the President of the Confederate States upon the Governor of the State. They were the last reserve force of the State able to do service. If they were turned over to Confederate control with no power on the part of the State to recall them, she would be left without any adequate force for the execution of her own laws.

        The State had much more than filled every requisition made upon her in common with other States for troops, No call was made at the time upon the other States for troops of this class; nor had the other States ordered out and placed in service their militia of these ages.

        It was quite clear that the requisition was not made for the purpose of getting the militia into service, for they were there at the time under the command of General Hood. Looking at all these facts I could not doubt that the President had other motives in making the call--and that the main object was to get them out of the control of the State, subject to his command, and to disband the State organizations; and enable him to appoint the General and Field Officers to command them. This was the more evident from the fact that he required all within General Hood's department to report to him in Atlanta, and all within the department of South Carolina and Georgia to report to the commandant of that department, whose headquarters were then at Charleston. The line dividing these two departments cuts in two, not only General Smith's Division, but three out of the four Brigades and a large proportion of the Regiments. If the requisition had been obeyed the organization would have been disbanded, and a large proportion of the militia, who were then under the fire of the enemy, defending Atlanta, would have been ordered off to report to General Jones at Charleston, when no enemy was pressing us upon the coast.

        Under thesese circumstances I felt it my duty to refuse to fill a requisition made by the President, without authority of law, for a class of troops which I could not turn over upon his requisition without a violation of a positive statute of the State, who were in service, acting gallantly at the time, under officers of distinguished merit, with a thorough organization, which must have been disbanded by my compliance


Page 13

with the President's demand, and the troops scattered at a most critical period in the defence of Atlanta.

        I earnestly request the General Assembly to say, by resolution whether my conduct in refusing to turn over the reserve militia, organized by the State for her own defence, is approved, or whether it shall yet be done, and the State stripped of her last strength, and left without a man to aid in the execution of her laws, and to strike a blow in her defence when Confederate aid is withdrawn, and the enemy devastating her fields, towns and cities.

THE GEORGIA MILITARY INSTITUTE.

        The number of cadets in this institution has been considerably increased.

        Upon the advance of Sherman's army the battalion of cadets was ordered into active service. At the Oconee bridge and other places where they met the enemy they acted with distinguished gallantry. The State has much reason to be proud of this gallant young corps.

        I must not omit to mention with my warmest approbation the conduct of the State Scouts under Captain Talbot, who has shown himself to be a gallant, fearless leader.

        Prudent's Artillery and the other troops of Major Caper's battalion, are also entitled to honorable notice. This whole battalion under its chivalrous leader, in presence of Adjutant and Inspector General Wayne, who accompanied them during the campaign from Gordon to Savannah and thence to Augusta, discharged their duty energetically and faithfully. The report of General Wayne will be laid before the Military Committee of the two Houses upon application.

MILITARY APPROPRIATION.

        I beg leave again most respectfully to invite the attention of the General Assembly to that part of my late annual message which relates to the military appropriation. The sum appropriated will be wholly inadequate. If it is not increased, I shall be under the unpleasant necessity, so soon as it is exhausted, which will be in a short time, of again convening you to supply the deficiency. We can not conduct the operations of war without money.

IMPRESSMENTS.

        I beg leave to call the attention of the Legislature to the necessity for the passage of a law authorizing the impressment of provisions in the hands of persons under bonds to the Confederate Government, or others who refuse to sell their surplus at market value for the use of indigent soldiers families, and of persons who are left destitute by the ravages of the enemy, or our own cavalry, who receive aid from the State, under the legislation enacted for that purpose. The cases are very rare when it would be necessary to resort to impressment, if the people were left free to sell their surplus


Page 14

in the market; but they are denied that privilege by the Confederate Government, having been compelled to give bond to sell all their surplus to its agents at schedule prices, which are far below market value. These persons would gladly sell to State or county agents, but they are threatened with a revocation of their details, and with immediate compulsion to enter service if they do so. The State should never submit to be driven out of her own markets and denied the privilege of purchasing from her own citizens by the act of any other government or power. I therefore recommend the passage of a law authorizing the Justices of the Inferior Court of each county, with the consent or order of the Governor, to impress provisions in their respective counties, for soldiers' families and indigent refugees, when, from the cause above mentioned, it may be necessary to enable them to procure the supplies required for that purpose; and also authorizing the Quartermaster General and Commissary General of the State to make similar impressments, with the like order, for their respective departments.

        The act should provide, in case of such impressments, for a fair valuation of the property impressed, and for payment of market value as just compensation to the owner. Without the passage of this act, it will be impossible for the State and county agents within the limits of the State, to purchase the supplies which are indispensable.

        The appropriation of money will avail nothing if the Confederate agents can lock the cribs and smoke-houses of the people of the State against her purchasing agents. I have been unable under the late appropriation, to supply the demands of those in great distress, for want of this law. If it is not passed, a great deal of suffering will be the inevitable result.

PENITENTIARY.

        The enemy having destroyed the workshops, cells, buildings &c., of this Institution by fire, it will cost a very heavy appropriation, probably one million of dollars in currency, to rebuild it. From seven years close observation, I am satisfied the Institution does not serve the objects for which it was created. It does not seem to be, as its name imports, a place of penitence; it is certainly not a place of reformation, but is rather a school for theft, lawlessness and villainy, where those more hardened in crime act as teachers of those who are younger and of less experience. Honest men who, in the heat of passion, commit crime which consigns them, under our present laws, to this den of thieves, generally come out corrupted and contaminated.

        In view of the above facts, I recommend that the Penitentiary be abolished as soon as it can legally be done, and that other modes of punishment, such as hanging, whipping,


Page 15

branding, &c., be substituted. The South Carolina code, it is believed, would furnish a safe guide for our legislation on this subject. I know of no State in which the criminal laws are more faithfully executed, or in which less crime is committed.

        In accordance with the request of the General Assembly before your late adjournment, I offered pardon to all the convicts who were not of the worst class, who would volunteer to enter the military service, making the pardon conditional on the faithful discharge of their duties as soldiers. This was accepted by nearly all to whom it was tendered. They organized into a company and did good service at the Oconee River, where they met the enemy and acted gallantly. I regret to learn, however, that over half of them have since deserted. These will be subject to serve out their time when they can be arrested. There are also several life convicts now within the walls: to keep these and such as may be hereafter sentenced for crime committeed before the change of the mode of punishment, it will be necessary to rebuild so far as to provide accommodations and work shops for the limited number. One hundred thousand dollars in currency may be sufficient to do this.

        In this connection I will further remark that the exigencies of the times, in my opinion, require such amendments in the penal code as will make Death the punishment of robbery, burglary, and horse stealing. To prevent our people from taking the execution of the law into their own hands, I recommend that the law be so changed as to authorize the the Judges of the Superior Courts to call extra sessions of their respective courts, whenever it is, in their opinion, necessary for the speedy trial of offenders. As many of the jails are insecure, and as robber bands rescue their companions in crime, the present provisions for the trial of criminals are too tardy for the vindication of public justice. Whipping should be the punishment inflicted upon those who are convicted of illegal traffic with slaves.

ARMING THE SLAVES.

        The administration, by its unfortunate policy having wasted our strength and reduced our armies, and being unable to get freemen into the field as conscripts, and unwilling to accept them in organizations with officers of their own choice, will, it is believed, soon resort to the policy of filling them up by the conscription of slaves.

        I am satisfied that we may profitably use slave labor, so far as it can be spared from agriculture, to do menial service in connection with the army, and thereby enable more free white men to take up arms; but I am quite sure any attempt to arm the slaves will be a great error. If we expect to continue the war successfully, we are obliged to have the labor of most of them in the production of provisions.


Page 16

        But if this dificulty were surmounted, we can not rely upon them as soldiers. They are now quietly serving us at home, because they do not wish to go into the army, and they fear, if they leave us, the enemy will put them there. If we compel them to take up arms, their whole feeling and conduct will change, and they will leave us by thousands. A single proclamation by President Lincoln--that all who will desert us after they are forced into service, and go over to him, shall have their freedom, be taken out of the army, and permitted to go into the country in his possession, and receive wages for their labor--would disband them by brigades. Whatever may be our opinion of their normal condition or their true interest, we can not expect them, if they remain with us, to perform deeds of heroic valor, when they are fighting to continue the enslavement of their wives and children. It is not reasonable for us to demand it of them, and we have little cause to expect the blessings of Heaven upon our efforts if we compel them to perform such a task.

        If we are right, and Providence designed them for slavery, He did not intend that they should be a military people. Whenever we establish the fact that they are a military race, we destroy our whole theory that they are unfit to be free.

        But it is said we should give them their freedom in case of their fidelity to our cause in the field; in other words, that we should give up slavery, as well as our personal liberty and State sovereignty, for independence, and should set all our slaves free if they will aid us to achieve it. If we are ready to give up slavery, I am satisfied we can make it the consideration for a better trade than to give it for the uncertain aid which they might afford us in the military field. When we arm the slaves, we abandon slavery. We can never again govern them as slaves, and make the institution profitable to ourselves or to them, after tens of thousands of them have been taught the use of arms, and spent years in the indolent indulgencies of camp life.

        If the General Assembly should adopt my recommendation by the call of a Convention, I would suggest that this too would be a subject deserving its serious consideration and decided action.

        It can never be admitted by the State that the Confederate Government has any power directly or indirectly to abolish slavery. The provision in the Constitution which by implication authorizes the Confederate Government to take private property for public use only, authorizes the use of the property during the existence of the emergency which justifies the taking. To illustrate: In time of war it may be necessary for the Government to take from a citizen a business house to hold commissary stores. This it may


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do (if a suitable one cannot be had by contract) on payment to the owner of just compensation for the use of the house. But this taking cannot change the title of the land, and vest it in the government. Whenever the emergency has passed, the Government can no longer legally hold the house, but is bound to return it to the owner. So the Government may impress slaves to do the labor of servants, as to fortify a city, if it cannot obtain them by contract, and it is bound to pay the owner just hire for the time it uses them. But the impressment can vest no title to the slave in the Government for a longer period than the emergency requires the labor. It has not the shadow of right to impress and pay for a slave to set him free. The moment it ceases to need his labor the use reverts to the owner who has the title. If we admit the right of the Government to impress and pay for slaves to free them we concede its power to abolish slavery, and change our domestic institutions at its pleasure, and to tax us to raise the money for that purpose. I am not aware of the advocacy of such a monstrous doctrine in the old Congress by any one of the more rational class of abolitionists. It certainly never found an advocate in any Southern statesman.

        No slave can ever be liberated by the Confederate Government without the consent of the States. No such consent can ever be given by this State without a previous alteration of her Constitution. And no such alteration can be made without a convention of her people.

OUR PRESENT AND PROSPECTIVE CONDITION.

        As I feel that I should act the part of an unfaithful seninel upon the watch tower it I should flatter the country with delusive hopes, candor compels me to say that all is not well. That the people may be aroused to the necessary effort to avert calamity, it is important that they should know and appreciate their true condition. I tell them, therefore, that the whole body politic is diseased, and unless active remedies are administered speedily, that dissolution and death must be the inevitable result.

        Our constitution has been violated and trampled under foot; and the rights and sovereignty of the States, which had been disregarded by the Government of the United States, which formed with slavery the very foundation of the movement that brought into being the Confederate Government, have been prostrated and almost destroyed by Confederate congressional encroachment and executive usurpation.

        The resolutions of the General Assembly of this State protesting against these usurpations and abuses have been unheeded and laid aside without even the courtesy of a reply.


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        Direct taxes of enormous burden have been levied by Congress, without the census or enumeration imperatively required by the constitution, which operate upon the people of this and other States, but have no operation upon the people of Missouri or Kentucky, who are represented equally with Georgia in the Congress by which they are imposed.

        Much of our most objectionable legislation is fastened upon us by the votes of representatives who, however patriotic and true to our cause, act without responsibility to any constituency, out of the army, who can be affected thereby, and who can neither visit with safety, nor show themselves publicly among the people whom they profess to represent, a majority of whom have given the strongest evidences of sympathy and support to the Government of the United States, and have been constantly represented in the Congress of those States.

        Impressments of private property for public use, which are often necessary and proper, have been carried to an extent which is tyrannical and oppressive in the extreme. Instead of purchase as the rule and impressment the exception, the whole property of our people is placed under the control of impressment agents, who refuse to pay "just compensation," as required by the constitution, or even half the market value, and who pay in certificates which the government refuses to receive in payment of public dues.

        By a pretended conscription, not authorized by the constitution, the government has placed our agriculturalists under heavy bonds to sell to it at the impressment prices fixed by its agents, and denies to them the privilege to sell the fruits of their labor in open market, or to exchange them for other commodities which are necessary to the support of themselves and their families.

        The Government disregards that provision of the Constitution which prohibits Congress from making any appropriation of money for a longer term than two years to support the armies of the Confederacy, and as a means of perpetuating the war beyond the period of the existence of the present Congress, without the assent of the people in the next elections, it proposes to pledge the tithe of the more valuable annual productions of the agricultural class of our people, who are selected for the burden, for years to come for that purpose, and to continue the pledge of the incomes of this particular class after the termination of the war, for the payment of the Treasury notes issued for the support of the armies during its existence. Few of this class make more than a tithe as net profits. In the estimate of the Secretary of the Treasury in which he sits down the incomes of this class at about fifty per cent. he fails to allow any credit for the vast expense of production. He estimates


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gross and not net incomes, and in this way shows the incomes of the planter to be much greater than those of the banker or money-holder, whose interest and dividends cost none of the labor and expense of production incurred by the planter.

        Citizens who belong neither to the land nor naval forces of the government, or to the militia in actual service, are arrested by provost guards and government detectives, under charges of treason or other indictable offences, or disloyalty, without warrant or other process from the courts, and imprisoned at the pleasure of the government in open disregard of the constitution, which declares that no such person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty or property, without due process of law, and that no warrants shall issue but upon probable cause, supported by oath or affirmation, particularly describing the persons or things to be seized.

        Good and loyal citizens, who travel on railroads or steamboats, or through towns or cities, upon lawful business, are arrested if they fail to carry passes, while federal spies procure or forge passes, and travel over our thoroughfares at their pleasure.

        In many parts of the Confederacy, not in possession of the enemy, the government has ceased to protect either life or property, and its own soldiers, who have left the front without discipline or control, often, united with others professing to be in service and wearing the dress of the soldier, are passing over the country in numerous bands, robbing our citizens and destroying their property.

        While the old men and boys of this State, leaving important home-interests to suffer, have been obliged to take up arms to resist the enemy, thousands of young able bodied men of this and other States, between eighteen and forty-five years of age, are protected by Confederate authority, on account of their wealth or other influence, from service in the field, and under pretext of some nominal employment for the government, are allowed to remain out of the reach of danger, and devote most of their time to their speculations or other individual pursuits.

        Our financial affairs have been so unfortunately administered that our currency is worth very little in the market; and our public faith has been so frequently and wilfully violated that it will be with great difficulty that we can re-inspire our people with confidence in the pledges of the government. It is announced as the future policy of the financial department to issue no more Treasury notes, and to receive nothing else in payment of public dues till the quantity is reduced to healthy circulation. This


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would be beneficial to the holders of the notes. As the armies are to be supported, however, at a cost of hundreds of millions of dollars per annum, the announcement leaves no doubt that it is to be done in a great measure by seizing property and paying for it in certificates or bonds which will not pass as currency or in payment of taxes. This would be little better than legalized robbery, and if practiced long by any government will drive the people to revolution as the only means left of throwing off intolerable burdens.

        By its effort to grasp absolute power, the Confederate administration has greatly weakened our armies; and results have shown its utter inability, with all the power placed in its hands, to recruit and fill them up to a number sufficient to meet the emergency.

        So fatal have been the results of our wretched conscription policy, which, however well adapted to control European serfs, or those raised to be slaves of power, is so repugnant to the feelings and spirit of a free people, that it has driven our men in despair to delinquency and desertion, till the President has informed the country in his Macon speech, as reported, that two-thirds of those who compose our armies are absent, most of them without leave. If this be true, it shows a lamentable want of patriotism and courage on the part of the people, or an unwise and injudicious policy on the part of the administration, which imperils the very existence of the Confederacy, and calls for prompt and energectic action on the part of the people to compel a change of policy, which, if longer persisted in, must result in utter ruin.

        If a planter who has one hundred faithful, trustworthy hands upon his farm should employ an overseer to manage it, and should visit it at a critical period of the crop, and find that two-thirds of his hands are, and for a considerable time have been absent, and that the crop is being lost on that account, he would doubtless decide that the policy of the overseer was ruinous to his interest, and dismiss him without hesitation. The people of this Confederacy have employed an agent to conduct for them a war for the dearest rights of freemen, and have placed at his command, subject to the restraints thrown around him by the constitutional charter, and the great principles of personal liberty which lie at the foundation of free government, hundreds of thousands of as gallant self-sacrificing citizen soldiers as ever took up arms in a righteous cause. He has adopted a policy which has ignored personal liberty and the right of citizen soldiers to go to the field in organizations and under officers of their own choice, who have their respect and confidence. The result has been as our agent tells us, that two-thirds of these soldiers are absent, the


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larger portion without leave, at a time when their absence endangers our existence as a people. What then is the duty of the people of these States. The answer is plain. They should compel their agent to change his policy which treats free citizen soldiers fighting for liberty as serfs, and to observe the great principles for which we took up arms, or they should resume the military powers with which they have clothed him, and place them in other hands where they will be used as well for the protection of the rights and liberties of the citizen as for the achievement of the independence of the Confederacy. Without this change of policy the armies cannot be recruited to the necessary number, and both liberty and independence are lost together.

        This ruinous policy of the administration finds no justification in the constitution of the country. From the organization of the Government of the United States to the disruption of the Union, the uniform practice was to call upon the States, when more troops than the regular army were needed, to furnish them organized ready for service. This they could readily do, as all the machinery of the State government could be brought to bear to bring them out. Instead of enrolling officers of the central government imported among them whom they knew not and who were not in sympathy with them, all the militia officers and civil officers of the counties, who are their neighbors, and friends, and whom they are accustomed to respect and obey, could be charged with the duty of aiding in the organization. Not only so, but they were permitted to go under officers of their own neighborhoods usually elected by them, and to go with their own neighbors and relatives as their associates and companions in arms. This was not only the practical and successful mode, but it was the constitutional one. That instrument declares that Congress shall have power to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

        Pending the consideration of this paragraph in the Convention which formed the Constitution of the United States, Mr. Madison moved to amend it by inserting after the words "reserving to the States respectively the appointment of the officers" the words "under the rank of General officers." This amendment if adopted would have left the States to appoint all officers under the rank of General, and the Federal Government to appoint the Generals. But so jealous were the States of the power and


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patronage which this would have given to the federal executive, that they rejected it by the vote of all the States except two; and reserved to the States the appointment of all the officers to command the militia, when employed in the service of the United States. And lest there should be a question about who is meant by the militia to be commanded by officers appointed by the States, when employed in the service of the Confederate States, the Constitution has solved that doubt. It says:

        "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." Hence it is plain that the word militia and the word people mean the same, apply to the same persons, and are used as synonomous terms. It is clear, therefore, that the States have carefully reserved the appointment of the officers to command their arms-bearing people, when employed in the service of the Confederate States.

        If the President had adhered to this mode of raising troops, as Mr. Madison who was a prominent member of the Convention which framed the Constitution, did in the war of 1812, his patronage in the army would have been small. If on the other hand the Constitutional mode were laid aside, and conscription adopted in lieu of it, giving him the appointment of all the officers, his patronage was immense.

        It is said about six hundred regiments, or enough of organized troops to make that number, have been received into Confederate service from all the States. Each regiment has ten companies, and each company four commissioned officers, or forty company officers to each regiment, making twenty-four thousand company officers. Add to this 600 Colonels, and as many Lieut. Colonels, Majors, Adjutants, Quartermasters, and Commissaries, (as the law then stood,) together with all Chaplains, Surgeons, Brigadier Generals, Major Generals, Lieutenant Generals; with all the Post Quartermasters, Commissaries, Commandants, Adjutants, Marshals, &c., &c., and the conscript act made about 30,000 officers dependant upon the President's will for premotion. Thus in violation of the Constitution the President was substituted for the States, and like the King of England made the foundation of all honor.

        To carry out this new policy of allowing the President to appoint the officers, it became necessary to refuse longer to receive troops in organized bodies with their officers, but each must be conscribed and sent into service under such officers as the President might appoint. This separated kindred and friends and neighbors, while in service. It destroyed the individuality and patriotic ardor of our people, each of whom prior to that time, felt that as a freeman


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he was part of the Government, and that it was his war. But so soon as this policy was adopted he felt that it was the Government's war, and that he was no longer a freeman but the slave of absolute power. This was not the freedom he set out to fight for, and thousands of men rather than submit to it and remain in service, feeling that they wore the collar of power upon their necks, have left the army without leave. Hence the President's complaint, the cause of which has been the necessary result of his own policy. He has mistaken the genius and spirit of our people, and the material of which his armies are composed. The high toned spirited Southern man will revolt when you attempt to reduce him to an automaton of power.

        Prior to the passage of this fatal act, men taxed their ingenuity to devise plans, to induce the President to receive them into service. So soon however as the act was passed, which denied them the right in future to form their organizations, and enter service as willing freemen, with their neighbors and friends, and gave the President the power to seize them and appoint their officers, the whole feeling was changed, and men have resorted to every imaginable shift to keep out of the service.

        The excuse that conscription was necessary to keep the twelve months men in service, or to fill their places can not avail.

        The President knew months before when the term of these men would expire, and made no effort to organize troops to take their places. A bill was introduced into the Provisional Congress by a distinguished Georgian, but a short time before its expiration in February 1862, authorizing the President to call forth the militia to any extent necessary, by requisition upon the States, and to call for them for three years at his discretion. This would have left the appointment of the officers with the States where the Constitution leaves it. The influence of the President was actively used to defeat this bill, on the ground that he did not need the law, as he had more troops tendered than he could accept and arm. Early in April following he called for the conscript act on the ground of necessity, to fill up the army, and the bill was passed giving him the patronage and power above mentioned. If conscription had been necessary to keep the twelve months men in service till their places could be filled, that afforded no reason why the act should have embraced the whole population of the Confederacy within military age. A special act applicable only to the twelve months men for a short period, till troops could have been furnished by the States to take their places, would have met that necessity. This, however, would not have given the President the appointment of the officers for all the troops to be organized. His neglect


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to call upon the States for troops to fill the places of the twelve months men was made the occasion for vesting immense power and patronage in him, and fastening conscription with all its evils upon the country.

        The President has been as unfortunate in his generalship, planning military campaigns, as he has in his policy of recruiting his armies. All remember his first appearance on the field as Commander-in-Chief at the close of the battle of 1st Manassas, when (if reports are reliable) he prevented our Generals from taking advantage of the complete demoralization of the federal army, to march upon Washington City, when it must have fallen into our hands with little resistance. He visited the army in Middle Tennessee and divided it, sending part of it to Mississippi too late to accomplish any good result there, and left General Bragg so weak that he was forced to evacuate Tennessee which together with Vicksburg fell into the hands of the enemy. He again appeared upon the field at Missionary Ridge and divided the army when a superior force was being massed in its front. General Longstreet's corps was sent into East Tennessee. General Grant waited till he was out of reach, when he fell upon the remnant of Bragg's army and drove it back into Georgia, opening the way for the advance into this State, and then sent troops and drove Longstreet out of East Tennessee, and made himself master of that invaluable stronghold of the Confederacy.

        The President's last appearance upon the field was with General Hood's army in this State, which was followed by the movement of that army into Tennessee. The country knows the result. Hood has been driven out of Tennessee with great calamity, and Georgia which was left completely uncovered has been destroyed by Sherman at his leisure.

        Instead of rapid concentration of our armies at vital points to strike the enemy stunning blows, our policy has been to divide and scatter our forces in the face of superior numbers, and receive blows which have well nigh cost us our existence as a Confederacy.

        Our people have endured this misrule with remarkable forbearance and patriotism. But the time has come when we are obliged to deal with stern realities, and to look facts full in the face. We can no longer profit by hugging delusions to our bosoms. Our Government is now a military despotism whenever the privilege of the writ of habeas corpus is suspended, an object to which the President's earnest efforts are constantly directed. The tendency to anarchy is rapid and fearful.

        The Lincoln dynasty informs us distinctly that reconstruction or subjugation are the only alternatives to be presented to us.


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        The present policy if persisted in must terminate in reconstruction either with or without subjugation. I accuse no supporter of the measures of the administration of any such design. But entertaining the opinion which I do of its results, if I favored reconstruction, or subjugation, to both of which I am utterly opposed, I would give an earnest support to the President's policy, as the surest mode of diminishing our armies, exhausting our resources, breaking the spirits of our people, and driving them in despair to seek refuge from a worse tyranny, by placing themselves under the protection of a Government, which they loath and detest, because it has wronged and tyrannized over them, destroyed their property, and slaughtered their sons.

        These are sad truths which it is exceedingly unpleasant to announce. But true statesmanship requires that the ruler do the best that can be done for his people under all circumstances by which they are at the time surrounded. And the statesman who sees nothing but ruin in the pursuit of a line of policy and does not warn his countrymen against it, is unworthy the high trust confided to his care.

        But you may ask, do I despair of the justice of our cause or of our ability to succeed. I answer emphatically, No. Bad as our policy has been and much as we have wasted of men and means, we still have enough of both, if properly used, to continue the struggle till we achieve our independence and re-establish in these States constitutional liberty which has been for the time so completely crushed.

        To enable us to do this the conscription act must be repealed, and the policy abandoned, and we must return to the constitutional mode of raising troops by the States. The States cannot do this successfully while conscription is practiced, and they thwarted in their efforts by conflict and collision with Confederate officers. In a word the two systems cannot work together.

        Our armies, composed of the militia or arms bearing people of the States, must be re-organized under officers appointed by the respective States as the Constitution directs. This would enable the States in the re-organization to put into the rank all supernumerary officers, including the large number of Contederate enrolling officers, who without commands are now supported and paid by the government, and to displace such now in command of troops as are tyrannical and inefficient, and fill their places with those who have shown themselves competent, and who have the confidence of the troops to be commanded by them. The States in the re-organization of these troops could also put into service the large number of able-bodied young men within their limits, who now at home, hold appointments under the Confederacy which serve the purposes of protection, without


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reciprocal benefit to the common cause. In the same manner great numbers of absentees, deficient in neither patriotism nor gallantry, who have been driven out of the armies by the petty tyranny of subaltern officers appointed at Richmond to command them, could be brought back by the States under officers of their own choice, who would make excellent troops. Remove the shackles of bondage from the limbs of our troops, and let them feel that they are again freemen fighting in freedom's cause, and that the Government stands by and maintains the great principles of constitutional liberty, and State Sovereignty, for which they took up arms, and they will re-enter the field with renewed hopes, determined to conquer an honorable peace or fill a soldier's grave.

        We must return to the observance of good faith with our troops--pay them when their wages are due, and discharge them when their terms expire.

        We must pass no more acts of repudiation of our government issues of currency. We must receive in payment of Confederate taxes all notes bonds or certificates which persons are compelled by the government to take, in payment for property taken from them, by its impressment officers.

        We must abandon the policy of supporting the armies by impressments or forcible seizures of property, and must adopt the policy of purchasing what we need, except in extreme cases which justify impressment, and then we must pay as the constitution requires, just compensation for the property taken. This equalizes the burdens by dividing the whole among the entire number of tax payers, in proportion to the amount of property owned by each.

        Representation without constituency must no longer be allowed; nor must laws be dictated to us by the votes of representatives without accountability to those who share in the burdens imposed by the legislation enacted by them.

        Secret sessions of Congress except in cases where legislation affecting the movements of our armies is pending, must be abandoned and the people must know as they have a right to know, how their representatives act and vote upon all measures affecting their vital interests, their rights and their honor.

        Discipline must be restored and enforced in our armies. One of the reasons given by its advocates for the enactment of the conscript law was that better discipline would be maintained by giving the appointment of the officers to the President. Results have shown the reverse to be true. Prior to the adoption of that plan, the officers selected by the troops themselves and appointed by the States, kept the men in the field, and we triumphed gloriously in almost


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every engagement with the enemy. Since that time the officers appointed by the President have neither maintained discipline nor kept the men in the field. If the President's statement is reliable they have only one third of them there. And I fear the discipline of that third is loose compared with that exhibited by the Federal army in its march through this State.

        The President having failed in his military administration and brought the country to the verge of ruin by his military policy, should be relieved of that part of his duties, by an amendment of the Constitution to provide for the appoiniment of a Commander-in-Chief of the armies of the Confederacy, by the President, by and with the consent of two thirds of the Senate, who shall be entirely free from the control of the President and removable only by the same power by which he was appointed. This would place the best military talent of the country in command of our armies, not in name only but in fact, and would save us in future from the heavy calamities which have befallen us by the capricious removal of a great commander, at a most critical juncture of an ably conducted defensive campaign.

        The late act of Congress did not, and could not, take from the President his constitutional power as Commander-in-Chief. It provides for the appointment of a General-in-Chief. Robert E. Lee as General-in-Chief is as subject to the orders of the President as he was before the act of Congress, and his appointment under it, and the President may at any moment frustrate his plans by orders which he is obliged to obey. Congress cannot divest the President of this power over all the generals in Confederate service, including the General-in-Chief. This power is conferred by the Constitution and can only be taken away by an amendment of that instrument.

        These changes may be made without the evils of revolution within revolution. The Constitution provides for its own amendment. The remedy is perfectly peaceful. It declares that: 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 said demand is made.

        It is perfectly legitimate and proper for three States to demand such convention, whenever in the opinion of their people the public good or the common safety requires it. In my opinion the best interest of the country requires that such convention meet with as little delay as possible, to propose such amendments to the Constitution, as will reform abuses by settling disputed points, and effect a speedy and thorough change of policy in conducting the war and filling up and


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sustaining our armies. I am not afraid to trust the people in convention. I therefore recommend the call of a convention of the people of this State for the purpose of proposing such amendments to the constitution as will relieve the President of his responsibility as Commander-in-Chief of the armies, and will provide for the appointment of a Commander-in-Chief in time of war, and to propose such other amendments and do such other acts, as will correct the abuses and afford remedies for the grievances hereinbefore stated.

        I also recommend that this General Assembly appoint commissioners to each of the other States of the Confederacy, requesting them to assemble in Convention at an early day to demand of Congress the call of a Convention of all the States, for the purposes above specified.

        The speedy adoption of this policy is in my judgment indispensable to the achievement of our independence, and the maintainance of the great principles of State Sovereignty and constitutional liberty, which underlie the foundations of our federative system of government--gave being to our present confederation of States--and are absolutely necessary to the future prosperity and happiness of our people. By the construction placed upon the Constitution as it now stands, by those who administer the Confederate Government, these great principles have been disregarded, and the sovereignty of the States, and rights of the people, lost sight of in the struggle for independence.

        The achievement of our independence seems to be the great end and only good aimed at by those who wield the power at Richmond. We have been told from the halls of Congress that courts must be closed, and State lines obliterated, if necessary to accomplish this object. Indeed, some persons in authority seem to have forgotten that we are fighting for anything but independence. If so the whole struggle is in vain, for we had that in the old government, which was our government, consecrated by the blood of our ancestors and transmitted from sire to son. We were independent of all other powers. But the people of the Northern States got control of that government, and so administered it as to imperil not our independence but our rights. We then separated from them and are fighting for our rights and our liberties; and as a means of maintaining and securing those rights and liberties we declared our independence. Independence with these is worth all the sacrifices which we have made or can make. Our rights and liberties are not secondary to our independence, but our independence is only necessary to protect our rights and our liberties. Russia is independent of all the world, so is Turkey, while the government of each is a despotism; and the people have only the rights and liberties which the sovereign chooses to permit them to exercise. If this is the sort of independence


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for which we are fighting our great sacrifices have been made to but little purpose. The recognition by foreign powers of the independence of our rulers and of their right to govern us, without the recognition of our rights and liberties by our rulers, is not worth the blood of the humblest citizen. We must gain more than this in the struggle or we have made a most unfortunate exchange. The further pursuit of our present policy not only endangers our rights and our liberties, but our independence also, by destroying the institutions and breaking the spirits of our people. Let us beware how we trifle with the rights, the liberties, and the happiness of millions.

        I am aware that the freedom and plainness, which a sense of duty to my country has compelled me to exercise, in discussing the measures of the administration, and the policy of the government, may subject my motives to misconstruction. I feel the proud consciousness, however, that I have been actuated only by a desire to promote the cause so dear to every patriot's heart, and thereby secure the independence of the Confederacy, with the civil and religious liberties and constitutional rights of the people, without which independence is an empty name, and the glory and grandeur of our republican system is departed forever. No one can be more vitally interested than myself in the success of our cause. I have staked life, liberty and property, and the liberties of my posterity, upon the result. The enemy have burned my dwelling and other houses, destroyed my property, and shed in rich profusion the blood of nearest relatives. My destiny is linked with my country. If we succeeed I am a freeman. But if by the obstinacy, weakness or misguided judgment of our rulers we fail, the same common ruin awaits me which awaits my countrymen. It is no time to conceal ideas in courtly phrase. The night is dark, the tempest howels, the ship is lashed with turbulent waves, the helmsman is steering to the whirlpool, our remonstrances are unheeded, and we must restrain him, or the crew must sink together submerged in irretrievable ruin.

JOSEPH E. BROWN,


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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Mr. Walker offered the following resolution, which was adopted:

        Resolved, That so much of the Governor's message as relates


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to military affairs be referred to the committee on military affairs, and so much as relates to finanee, be referred to the committee on finance; that so much as relates to Confederate relations, be referred to the committee on Confederate relations, and so much as relates to the Penitentiary, be referred to the committee on the Penitentiary.

        Mr. Speer introduced the following resolution, which was adopted:

        Resolved, That Reporters for the public Press be invited to seats in the Senate Chamber.

        Mr. Pottle moved to have fifty copies of the Governor's message printed for the use of the Senate.

        Mr. Bacon moved to amend by inserting two hundred copies, which was agreed to, and the motion was carried.

        Mr. Bacon offered the following resolution, which was adopted:

        Resolved, That the Secretary of the Senate be authorized to furnish four tables for the use of the Senate.

        Mr. Sprayberry of the 44th district, introduced the following bills, to-wit:

        A bill to be entitled an act to amend the 1670th section of the new Code, so as to add additional grounds for a total divorce, and to prescribe the mode of proceeding under said additional grounds, and to relieve parties who contract and enter a second marriage upon said grounds.

        Also a bill to be entitled an act to repeal ssction 4503 of the Code of Georgia, so as to authorize any person owning or controlling a slave or free person of color, to employ them as bar keepers, which were severally read the first time.

        Mr. Walker of the 27th district, introduced the following bill which was read the first time, to-wit:

        A bill to be entitled an act to extend the time of settlement with the tax collectors of this State.

        Mr. Griffin from the 21st district, introduced the following bill, which was read the first time, to-wit:

        A bill to be entitled an act to legalize and make valid the last will and testament of Benjamin Tahrp.

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

SATURDAY MORNING,
FEBRUARY 18th, 1865.

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


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        Mr. Grice offered the following bill which was read the first time, to-wit:

        A bill to be entitled an act to exempt certain persons from militia service.

        The following bills were read the second time:

        A bill to be entitled an act, to legalize and make valid the last will and testament of Benjamin Tharp, which was referred to the Committee on the Judiciary.

        Also, a bill to be entitled an act to repeal the 4503d Section of the Code of Georgia, so as to authorize any person owning or controlling any slave or free person of color, to employ them as Bar-keeper--which was referred to the Committee on the Judiciary.

        Also, a bill to be entitled an act to amend the 1670th Section of the New Code--so as to add an additional ground for a total divorce, and to prescribe the mode of proceeding under said additional ground, and to relieve parties who contract and enter a second marriage under the same, which was referred to the Committee on the Judiciary.

        Also, a bill to be entitled an act to extend the time of settlement with the several tax collectors of this State, which was read the second time and referred to the Committee on Finance.

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

        Mr. President: The House of Representatives, have adopted a resolution instructing the Judiciary Committees of both Houses, to report a bill abolishing the Penitentiary system in the State, and report a substitute therefor; and I am instructed to transmit the same to the Senate forthwith.

        Also, a resolution authorizing the Treasurer to rent an office in the city of Macon.

        On motion of Mr. Whitaker, the message from the House of Representatives was taken up--and House resolution to abolish the Penitentiary system in the State of Georgia, was read, and on motion of Mr. Ramsay, was referred to the committee on the Penitentiary.

        The Senate took up the resolution of the House of Representatives, to authorize the Treasurer to rent an office in the city of Macon.--On motion of Mr. Mabry, the same was amended by inserting the words "during the present session," and by striking all the last clause and by adding the words "with authority to remove and deposit the public funds in the city of Macon," and as amended the resolution was adopted.

        The following bills were introduced and read the first time:


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        By Mr. Bacon of the 8th Senatorial District:

        A bill to be entitled an act, to allow heads of families or their representatives, to distil certain quantities of spirituous liquors in this State.

        By Mr. White of the 33d Senatorial District.

        A bill to be entitled an act, to relieve from all penalties any persons in the State of Georgia, who under a misapprehension as to the passage of a bill introduced into the Legislature of this State, in November, 1864, "to be entitled an act to allow heads of families or their representatives to distil certain quantities of spirituous liquors in this State," have distilled such quantities as were allowed under said bill.

        By Mr. Walker of the 27th Senatorial district:

        A bill to be entitled an act to authorize Executors, Administrators and Trustees, to pay debts against the Estates they represent, contracted and owing before the commencement of the War, between the Confederate States and the United States, with property belonging to the estates, on a basis of valuation of the same in 1860, and for other purposes.

        Mr. Walker offered the following resolution, which was adopted:

        Resolved, That his Excellency the Governor, be requested to furnish the Senate with a copy of the correspondence between himself and the Secretary of War, relative to turning over the militia of this State to the Confederate authorities, and that fifty copies of the same be printed for the use of the Senate.

        Leave of absence was granted to Messrs. Sprayberry of the 44th, Price of the 42d, and Walton of the 29th districts, for a few days.

        Upon motion of Mr. Ramsay, the Senate adjourned until Monday 10 o'clock, a. m.

MONDAY, FEB. 20TH, 1865,
10 o'clock, A. M.

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

        Mr. Polk moved to suspend the rules to introduce a bill to be entitled an act to relieve the Lawrenceville Manufacturing Company of Gwinnett county, from the general tax for 1864, which was read the first time.


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

        A bill to be entitled an act to authorize Executors, Administrators and Trustees, to pay debts against the estates they represent, contracted and owing before the commencement of the war between the Confederate States and the United States, with property belonging to the estates, on a basis of valuation of the same in 1860, and for other purposes.

        Also, a bill to be entitled an act to relieve from all penalties any persons in the State of Georgia, who, under a misapprehension of the passage of a bill introduced into the Legislature in November, 1864, "to be entitled an act to allow heads of families or their representatives, to distil a certain quantity of spirituous liquors in this State," distilled such quantities as were allowed under said bill.

        Also, a bill to be entitled an act to allow heads of families or their representatives, to distil certain quantities of spirituous liquors in this State.

        The following bill to be entitled an act to exempt certain persons from militia service, was read the second time, and referred to the Committee on Miltiary affairs.

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

        Mr. President:--The House of Representatives have adopted the following resolution, to-wit:

        A resolution requesting His Excellency the Governor, to order Lient. Colonel Beall to report to Brigadier General Phillips, in which they ask the concurrence of the Senate and I am instructed to transmit the same to the Senate forthwith.

        The House of Representatives have also passed the following bill:

        A bill to be entitled an act to authorize Allen M. Walker, a minor, to receive his estate from his Guardian, and for other purposes.

        Mr. Nisbet of the 28th district, under a suspension of the rules, introduced a bill to be entitled an act to amend an act, approved December 18, 1864, for the relief of tax payers on property lost, destroyed, or rendered valueless by the public enemy, &c., which was read the first time.

        Mr. Hubbard of the 38th district, introduced a bill to be entitled an act to release and exempt the counties of Paulding and Polk, and other counties similarly situated, from the payment of State taxes for the year 1864, which was read the first time.

        Mr. Pottle of the 19th district, offered the following resolutions:

        WHEREAS, His Excellency the Governor, has, in his late


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message to the General Assembly, recommended a call of a Convention of the people of the State of Georgia for certain purposes therein mentioned: And whereas, the General Assembly, in view of the consequences which might grow out of such a call, to-wit; the distraction of the public mind from the great business of prosecuting the war with vigor, does not concur with His Excellency in said recommendation. Therefore be it

        Resolved by the General Assembly of the State of Georgia, That we see no good reason for the assembling of a State Convention, and as the same might be productive of harm and damage to the great cause which should unite our people, this General Assembly respectfully decline to recommend the assembling of said Convention.

        2d. Resolved. That this General Assembly are confirmed in the foregoing opinion, by reason of the late action of President Lincoln, in demanding terms, which the people of this State unanimously condemn.

        On motion of Mr. Pottle, the same were taken up.

        Mr. Walker moved to refer the resolutions to the Committee on Confederate Relations, which was lost.

        Upon the adoption of the same, Mr. West called for the yeas and nays--which call was sustained, and the resolutions were adopted.

        The vote being yeas 22, nays 11.

        Those voting in the affirmative, are Messrs:

        Anthony, Bacon, Blackwell, Chambers, Grice, Guerry, Hammond, Hubbard, Mabry, McCutchen, Nisbet, Pate, Polk, Pottle, Price, Ramsay, Spear, Sprayberry, Watkins, West, Whitaker, White.

        Those voting in the negative, are Messrs:

        Baker, Bennett, Ezzard, Gaulden, Griffin, Groover, McDonald, McRae, Pafford, Underwood, Walker.

        The resolutions were then ordered to be transmitted to the House of Representatives.

        The following bill of the House of Representatives, was taken up and read the first time:

        A bill to be entitled an act to authorise Allen M. Walker, a minor, to receive his Estate from his Guardian, and for other purposes.

        Also, a resolution of the House of Representatives, requesting His Excellency the Governor, to order Lt. Col. Beall to report with his command to Brigadier General Philips, which was referred to the committee on military affairs.

        Under a suspension of the rules, Mr. Blackwell of the 30th District, introduced a bill to be entitled an act, for the exemption of Physicians from military service in this State, in certain cases, which was read the first time.


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        Mr. Speer, of the 22d district, introduced a bill to be entitled an act, requiring the public archives of this State, and the books, papers and records, pertaining or attached to the public offices of the State, now at Milledgeville, to be removed to the city of Macon, there to be kept and preserved during the continuance of the present war, and for other purposes, which was read the first time.

        Mr. Pate from the 14th district, introduced a bill to be entitled an act to allow officers of Georgia, in the army, to purchase clothing for their own use from the Quartermaster General of this State, which was read the first time.

        Mr. West from the 10th district, introduced a bill, to be entitled an act, to fix the per diem pay of members of the next General Assembly of this State, which was read the first time.

        Mr. Pottle of the 19th district, introduced a bill to be entitled an act, to carry into effect paragraph 4889 of the 4th article of the Constitution, which was read the first time.

        Leave of absence was granted to Messrs. Walton of the 29th and Mabry of 37th districts, for a few days.

        The Senate then adjourned to 3 o'clock, P. M.

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Leave of absence, was granted Mr. Barr of the 31st district, for the remainder of the session, on account of sickness.

        Mr. Polk of the 34th district, introduced the following bill, to-wit:

        A bill to be entitled an act, to relieve citizens of this State, who are unable to pay their taxes upon property taken and destroyed by the public enemy, which was read the first time.

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

TUESDAY MORNING, FEB. 21st, 1865.

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

        Messrs. Hammond, Underwood and Bennett, asked leave to record their votes on the resolutions of Mr. Pottle adopted


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on yesterday, declaring that the General Assembly does not concur in the recommendation of the Governor to call a convention of the States, which was granted.

        Mr. Pottle introduced a bill to be entitled an act to fix the fees of Clerks, Sheriffs and other officers, and for other purposes, which was read the first time.

        Mr. Pottle also introduced the following resolutions, to-wit:

        Resolved by the Senate and House of Representatives in Genneral Assembly met, That the thanks of the State are due and are hereby tendered to Major General G. W. Smith and the officers and men composing the first Division of Georgia militia, and to the officers and men of the Georgia State Line, for their conspicuous gallantry at Griswoldville, in this State, and especially for their unselfish patriotism, in leaving their State, and meeting the enemy in the memorable and well fought battle field at Honey Hill, in South Carolina. The State with pride records this gallant conduct of her militia, and feels assured that when an emergency again arises, State lines will be forgotten by her militia, and a patriotism exhibited, which knows nothing but our whole country.

        Resolved, 2nd, That His Excellency the Governor, be requested to transmit a copy of these resolutions to General Smith, with a request that they be laid before the officers and men under his command; which were taken up and adopted.

        Mr. Pottle also introduced the following resolutions:

        WHEREAS, The State of Georgia in council with the other States, did in 1776, solemnly declare that when any form of Government becomes destructive of the happiness or dangerous to the liberties of the people, it is the right and duty of the people to alter or abolish it: in pursuance whereof they did declare themselves independent States;

        And WHEREAS her separate independence and that of the other States was afterwards acknowledged by the world: And whereas Georgia did subsequently form, with other States, a common government or agency for the management of their foreign affairs, and other specified general purposes, which said common government or agency received no other or further recognition by foreign powers than as the representatives of the several States' sovereignties already recognized: And whereas Georgia entering into the association of federation that expressly reserved for herself, and therefore for her sister States, the rights which attached to the act itself, of resuming the powers granted whensoever the same might be perverted to their injury or oppression: And whereas this State did in sovereign convention


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on the 21st day of January 1861, decide and determine that circumstances had arrived which made it her indisputable right to withdraw from the association known as the United States of America: And whereas this her legitimate right, has been followed by an atrocious war upon her, and upon the States with which she formed a new Confederation, for the purpose of subjecting her and them to the absolute and tyrannical domination of the United States: And whereas after four years of hostilities, conducted on the part of our enemies with the barbarity equalled only by the wickedness of their designs, their authorities are invited to a conference with a view to the establishment of peace, which invitation was responded to by the Confederate authorities: And whereas it appears from the report of the Confederate Commissioners to said conference, it was declared on the part of our enemies that nothing should terminate the existing war but our unconditional submission to their yoke, and acknowledgement of their absolute authority, and that the laws for the confiscation of our property and execution of our citizens should be enforced by Judges and other officers whom they would appoint for that purpose, so that the only palliation of our wretchedness should be the voluntary mercy of those, who for four years, have murdered our people and ravaged our homes; our social system to be upturned, and hereafter to be regulated at their will, and that the uniform which our soldiers have made so honorable stripped from their persons, and the flag under which they have so often marched to victory trailed in the dust and thrown away forever: Therefore be it,

        1st. Resolved by the General Assembly of the State of Georgia, That the struggle in which we have been engaged for the last four years involves not only the domestic institutions of the South, but the rights of self government and State Sovereignty, in which every State of this Confederacy as well as each State of the North, is most deeply interested; to maintain political equality and the sovereignty of the States should be an object demanding the greatest public sacrifice.

        2nd, Resolved, That we do spurn with indignation due to so gross an insult, the terms on which the President of the United States has proffered peace to the people of the Confederate States.

        3rd, Resolved, That the freedom with which the President has received even unofficial commissioners from the United States, his ready response to unofficial invitations to send commissioners, and the wise and discreet choice of persons made by him, commands our highest admiration, and is proof conclusive to the world of an honest and sincere


Page 38

desire to adjust the differences between the two nations, and put an end to this bloody strife.

        4th, Resolved, That burying all past differences of opinion as to the origin and conduct of the war, we intend to take nothing but our absolute independence, and to accomplish this Georgia pledges herself to use all the resources which Providence has placed in her power, humbly relying upon divine assistance in the defense of all that is dear to freemen.

        5th, Resolved, Though having lately passed through an ordeal of blood and trial, Georgia renews her pledges to her sister States to stand by them with her army and treasury until independence is achieved and liberty won.

        6th, Resolved, That our profoundest gratitude is due to her soldiers, who on many a bloody battle field have illustrated their State by deeds of heroic valor, and that while we look to them with pride and confidence, we will see to it that their efforts are generously sustained, and that the amplest resorces of the State are applied for the support and comfort of their families at home.

        7th Resolved, That His Excellency the Governor, be requested to transmit a copy of the resolutions to the President of the Confederate States, the Governors of the several independent States, and to our Senators and Representatives in Congress; which on motion of Mr. Pottle, were referred to the committee on Confederate relations.

        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to which were referred sundry bills, have had the same under consideration, and direct me to report as follows:

        A bill to be entitled an act to repeal section 4503 of the Code of Georgia, so as to authorize any person owning or controlling any slave or free person of color to employ them as Assistant Bar Keepers, which they recommend do not pass.

        Also a bill to be entitled an act to legalize and make valid the last will and testament of Benjamin Tharp, which they recommend do not pass.

W. L. GRICE,
Chairman pro tem.


        Mr. Hammond introduced a bill to be entitled an act to exempt school teachers from militia service, in certain cases, which was read the first time.

        The Senate took up the report of the committee on the bill to be entiled an act to legalize and make valid the last will and testament of Benjamin Tharp

        The report was agreed to, and the bill was lost.


Page 39

        The Senate also took up the report of the committee on the bill to be entitled an act to repeal the 4503rd section of the Code of Georgia, so as to authorize any person owning or controlling any slave or free person of color, to employ them as Assistant Bar Keepers.

        The report was agreed to, and the bill was lost.

        The following bills were read the second time and referred to the committee on Finance; to-wit:

        A bill to be entitled an act to release and exempt the counties of Paulding and Polk, and all other counties similarly situated, from the payment of State taxes for the year 1864.

        Also a bill to be entitled an act to fix the per diem pay of members of the next General Assembly of this State.

        Also a bill to be entitled an act, to relieve the Lawrenceville Manufacturing Company, of Gwinnett county, from the general tax of 1864.

        Also a bill to be entitled an act to relieve citizens of this State, who are unable to pay their taxes upon property taken, lost or destroyed by the public enemy.

        The following bills were read the 2nd time, and referred to the committee on the Judiciary, to-wit:

        A bill to be entitled an act to relieve from all penalties any persons in this State, who under a misapprehension of the passage of a bill introduced into the Legislature in November 1864, "to be entitled an act to allow heads of families or their representatives, to distil certain quantities of spirituous liquors in this State," have distilled such quantities as were allowed under said act.

        Also a bill to be entitled an act to amend an act approved December 18th, 1864, for the relief of tax payers on property lost, destroyed or rendered valueless by the public enemy.

        Also a bill to be entitled an act to carry into effect the 4889th paragraph of the 4th article of the constitution.

        Also a bill to be entitled an act to fix the fees of Clerks, Sheriffs and other officers, and for other purposes.

        A bill to be entitled an act for the exemption of Physicians from military service in this State, in certain cases, was read the second time and referred to the committee on military affairs.

        Also a bill to be entitled an act requiring the public archeves of this State, and the books, papers, and records appertaining or attached to the public offices of the State, now at Milledgeville, to be removed to the city of Macon, and there to be kept and preserved during the continuance of the present war, and for other purposes, which was read the second time and referred to a select committee of five,


Page 40

composed of Messrs. Spear, White, Bacon, McCutchen and Whitaker.

        The bill to be entitled an act to allow officers of Georgia in the army, to purchase clothing for their own use, from the Quartermaster General of the State, was read the second time and committed.

        Also a bill of the House of Representatives to be entitled an act to authorize Allen M. Walker, a minor, to receive his estate from his Guardian, and for other purposes, which was read the second time and referred to the committee on the Judiciary.

        On motion of Mr. Chambers, fifty copies of the standing committees were ordered to be printed for the use of the Senate.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Mr. Chambers Chairman of the committee on Confederate relations, made the following report:

        Mr. President:--The committee on Confederate relations to whom was referred the resolutions renewing the assurance of Georgia to her sister States, that she will continue to prosecute the war until independence is achieved and liberty won, having had the same under consideration, have directed, to report them back with the recommendation that they do pass.

        Mr. Polk from the committee on the Penitentiary, submitted the following resolution, which was adopted, to-wit:

        Resolved, That a joint committee of two on part of the Senate, and three on part of the House of Representatives, be appointed to visit Milledgeville and examine into the condition of the Penitentiary, in order to form a correct opinion as to the policy of rebuilding or abolishing the Penitentiary system in this State, and to report as early as practicable.

        Leave of absence was granted Mr. Watkins from the 35th District, for the remainder of the Session.

        Leave of absence was granted to the Finance committee for the afternoon session.

        On motion the Senate adjourned to Wednesday morning.


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WEDNESDAY MORNING,
FEBRUARY 22d, 1865.

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

        Mr. Gaulden asked leave to record his vote on the resolution adopted on Monday last, declining to concur in the recommendation of the Governor, to call a Convention of the States, which was granted.

        Mr. Chambers moved to take up the report of the Committee on Confederate relations, covering the "resolutions renewing the assurances of Georgia to her sister States, that she will continue to prosecute the war until independence is achieved and liberty won," which was agreed to.

        Mr. Gaulden moved to make the resolutions the special order for Thursday afternoon at 3 o'clock, and that fifty copies be printed for the use of the Senate, which was agreed to.

        Mr. Mabry asked leave to record his vote on the resolution declining to concur in the recommendation of His Excellency the Governor, calling a Convention of the States, which was granted.

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

        Mr. President: The House of Representatives, have passed the following bills, to-wit:

        A bill to be entitled an act, to change the rule of evidence, so as to allow writings executed after the beginning of the present war, to be explained in a certain particular by parol evidence or surrounding circumstances.

        Also, a bill in reference to Juries.

        Also, a bill to be entitled an act, for the relief of James D. Frierson, Trustee of Clarke county.

        Also, a bill to be entitled an act, to repeal Section 2562, of the revised Code of Georgia.

        Also, a bill to be entitled an act, to alter and amend the charter of the Central Rail Road & Banking Company of Georgia--To provide for the election of Directors of said company, and a President thereof for the present year--to change and establish the principal office of said company, and to fix the number of Directors necessary for a quorum to transact business, and for other purposes relating to said company.

        Also, a bill to be entitled an act, to legalize Administrations made under letters granted from wrong counties, in certain cases.


Page 42

        Also, a bill to be entitled an act, to authorize Executors, Administrators, Guardians and Trustees, to sell Confederate Bonds, under certain circumstances.

        Mr. Pottle of the 19th district, asked leave, which was granted--to introduce a bill, which is "a bill to be entitled an act, for the better securing to indigent families appropriations for relief," which was read the first time.

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

        Mr. President: The Committee on the Judiciary, to which were referred sundry bills, have had the same under consideration, and direct me to report as follows:

        A bill to be entitled an act, to relieve from all penalties, any persons in the State of Georgia, who under a misapprehension as to the passage of a bill introduced into the Legislature, in 1864, to be entitled "an act to allow heads of families or their representatives, to distil certain quantities of spirituous liquors in this State," distilled such quantities as were allowed under said bill, for which they report a substitute, which is a bill to be entitled an act, to relieve from penalties, certain persons who have been guilty of distilling spirituous liquors under a misapprehension of law, which they recommend be adopted in lieu of the original, and do pass.

        Also, a bill to be entitled an act, to amend "an act approved Dec. 18th 1864, for the relief of tax payers on property lost, destroyed, or rendered valueless by the public enemy," which they report back to the Senate, without recommendation.

W. L. GRICE, Chairman pro tem.


        Mr. Gaulden of the 2d District, offered the following resolutions:

        WHEREAS, We are informed that the Confederate Government contemplates and are making efforts, to enlist in the military service of the Confederate States, the male slaves of the State, within certain ages--first paying the owners their value, and then setting them free at the end of the war.

        1st. Resolved, By the Senate and House of Representatives of Georgia, That it is our opinion, that this measure if carried out, will be a violation of the Constitution of the Confederate States.

        2d. Resolved, That independent of the constitutional difficulty, in the opinion of this General Assembly, the policy of employing this class of persons in the army, will be pre-judicial in the extreme and will result in the destruction of the slave interest of the South, as well as the ruin of our army.


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        3d. Resolved, That the Governor of Georgia, be requested to transmit a copy of these resolutions to the President of the Confederate States, and to the Governors of each of the Confederate States.

        Mr. Pate of the 14th District, introduced the following resolution, to-wit:

        Resolved, That both branches of this General Assembly, will adjourn on Wednesday, the first day of March next, at 12 o'clock, m.

        The Senate took up the report of the committee on the bill, to be entitled an act to extend the time of settlement with the several Tax Collectors of this State--the report was agreed to, the bill was read the third time, passed and ordered to be transmitted to the House of Representatives forthwith.

        The following bills were introduced and read the first time:

        By Mr. Ezzard of the 39th District.

        A bill to be entitled an act, to relieve certain counties in this State, from paying taxes for the year 1864.

        Also, by Mr. Walker, of 27th District.

        A bill to be entitled an act, to extend the time for the redemption of the State Treasury notes, issued under act of December 12th, 1863, and amended under act of March 17th, 1864, and for other purposes.

        The Senate took up the report of the committee on the bill, to be entitled "an act, approved Dec. 18th, 1864, for the relief of Tax payers upon property lost, destroyed, or rendered valueless by the public enemy." Upon motion, the same was referred to the Committee on Finance.

        The Senate took up the report of the committee on the bill to be entitled an act, to relieve from all penalties, any persons in the State of Georgia, who under a misapprehension of the passage of a bill introduced into the Legislature in Nov. 1864, "to be entitled an act, to allow heads of families or their representatives, to distil certain quantities of spirituous liquors in this State," distilled such quantities as were allowed under said bill--for which a substitute was adopted as recommended by the Committee on the Judiciary. The report was agreed to, the bill was read the third time and passed.

        The Senate took up the report of the committee on the bill to be entitled an act, to allow officers of Georgia in the army, to purchase clothing for their own use from the Quartermaster General of this State.

        Mr. Speer moved to amend the same, by adding the words in the first section: "When the same is not needed for the enlisted men."

        On motion of Mr. West, the bill and amendments were


Page 44

referred to a select committee of three, which was composed of Messrs. West, Speer and Nisbet.

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

        A bill to be entitled an act, to exempt School Teachers from Militia service in certain cases, which was referred to the Committee on Military affairs.

        Also, a bill to be entitled an act, to fix the fees of Clerks, Sheriffs and other officers, and for other purposes, which was referred to the Committee on Finance.

        The following bills from the House of Representatives, were read the first time, to-wit:

        A bill to be entitled an act, to alter and amend the charter of the Central Rail Road & Banking Company of Georgia, to provide for the election of Directors of said company, and a President thereof for the present year: To change and establish the principal office of said company, and to fix the number of Directors necessary for a quorum to transact business, and for other purposes, relating to said company.

        Also, a bill to be entitled an act in reference to Juries.

        Also, a bill to be entitled an act, to change the rule of evidence, so as to allow writings executed after the beginning of the present war, to be explained in certain particulars by parol evidence or surrounding circumstances.

        Also, a bill to be entitled an act, to repeal section 2562d of the revised Code of Georgia.

        Also, a bill to be entitled an act, for the relief of James D. Frierson, Trustee of Clark county.

        Also, a bill to be entitled an act, to authorize Executors, Administrators Guardians and Trustees, to sell Confederate bonds under certain circumstances.

        Also, a bill to be entitled an act, to legalize administrations made under letters granted from wrong counties in certain cases.

        A memorial from a portion of the citizens of Bartow county, was read and referred to the Committee on the Judiciary.

        Mr. Walker was on motion, added to the Committee on Confederate relations.

        Leave of absence for the balance of the session, was granted to the Hon. Thomas F. Wells of the 20th District, now a prisoner in the hands of the enemy.

        On motion, the Senate adjourned until Thursday, 10 o'clock, A. M.


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THURSDAY MORNING,
FEB. 23RD, 1865.

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

        Mr. Blackwell, from the 30th District, offered the following resolution:

        Resolved, That the Hon. Iverson L. Harris and William H. Stiles, be invited to seats on the floor of the Senate.

        Mr. McCutchen, from 43d District, introduced a bill to be entitled an act to authorize the Judges of the Superior Courts of this State, to hold the sessions of the Superior Courts at places in the counties, other than the county sites, where public necessity or convenience may require.

        Also, a bill to be entitled an act to authorize the Judges of the Superior Courts of this State, to convene special terms of the Superior Courts, for the purposes of Jail delivery, or the trial of criminal cases.

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

        Mr. President:--The House of Representatives have passed the following bills, to-wit:

        A bill to be entitled an act to increase the efficiency of the Georgia Militia, and to turn over to Confederate service those who fail to do duty in the same.

        Also, a bill to be entitled an act to alter and change the corporate limits of the town of Perry, in Houston county.

        Also, a bill to increase the per diem pay of teachers of children, entitled to the benefit of the poor school fund of this State.

        Also, a bill to change the line between the counties of Chattahoochee and Stewart.

        Also, a bill to be entitled an act to repeal an act entitled an act to change the county lines between Marion and Taylor, and the county lines between Coweta and Heard, assented to December 27, 1857, so far as relates to the county line between Coweta and Heard.

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

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

        A resolution relative to the payment of the Militia of this State.

        Also, a bill to repeal so much of an act entitled an act to re-organize the Militia of the State of Georgia, and for other purposes, assented to December 14th, 1863, as makes the Justices of the Peace liable to Militia service.


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        The following bills were read the second time and referred to the committee on Finance, to-wit:

        A bill to be entitled an act to extend the time for the redemption of State Treasury notes, issued under act of Dec'r 12th 1863, and amended under act of March 17th, 1864, and for other purposes.

        Also, a bill to be entitled an act to relieve certain counties in this State from paying Tax for the year 1864.

        The following bills were read the second time and referred to the committee on the Judiciary, to-wit:

        A bill in reference to Juries.

        Also, a bill to be entitled an act to change the rule of evidence, so as to allow writings executed after the beginning of the present war, to be explained in a certain particular, by parol evidence or surrounding circumstances.

        Also, a bill to be entitled an act for the relief of James D. Frierson, Trustee of Clark county.

        Also, a bill to be entitled an act to repeal section two thousand five hundred and sixty-two of the revised Code of Georgia.

        Also, a bill to be entitled an act to authorize Executors, Administrators, Guardians and Trustees, to sell Confederate Bonds, under certain circumstances.

        Also, a bill to be entitled an act to legalize administrations, made under letters granted from wrong counties, in certain cases.

        Also, a bill to be entitled an act to alter and amend the charter of the Central Railroad and Banking Company of Georgia; to provide for the election of directors of said company, and a President thereof, for the present year; to change and establish the principal office of said company, and to fix the number of directors, necessary for a quorum, to transact business, and for other purposes, relating to said company, which was read a second time and referred to the committee on banks.

        The following bills from the House of Representatives, were read the first time, to-wit:

        A bill to be entitled an act to repeal an act entitled an act to change the county lines between Marion and Taylor; and the county lines between Coweta and Heard, assented to December 27th 1857, so far as relates to the county line between Coweta and Heard,

        Also, a bill to change the line between the counties of Chattahoochee and Stewart.

        Also, a bill to be entitled an act to alter and change the corporate limits of the town of Perry, in Houston county.

        Also, a bill to repeal so much of an act entitled an act to re-organize the Militia of the State of Georgia, and for other


Page 47

purposes, assented to December 14th, 1863, as makes the Justices of the Peace liable to Militia service.

        Also, a bill to be entitled an act to increase the efficiency of the Georgia Militia, and to turn over to Confederate service those who fail to do duty in the same.

        Also, a bill to increase the per diem pay of teachers of children, entitled to the benefit of the poor school fund of this State.

        The Senate took up the following bill, to-wit:

        A bill to be entitled an act for the better securing the indigent families appropriation, for their relief, was read the second time and referred to the Judiciary committee.

        On motion, of Mr. Blackwell, the resolution inviting the Hons. Iverson L. Harris, and William H. Stitles, to seats on the floor of the Senate, was taken up and adopted, and a committee composed of Messrs. Blackwell, Speer and Griffin, was appointed to notify them of the action of the Senate.

        On motion, Messrs. Pottle and West, were added to the committee on Confederate relations.

        Mr. Ramsay, Chairman of the committee on Military affairs, made the following report:

        Mr. President:--The Committee on Military Affairs, to whom were referred sundry bills, having had the same under consideration, have directed me to report as follows:

        A bill to exempt school teachers from Militia service in certain cases, which they recommend do pass.

        Also, a bill for the exemption of physicians from Military service in this State, in certain cases; in lieu of which the committee have substituted a bill to exempt from Militia service, regular practicing physicians, in certain cases, which they recommend do pass.

JAMES N. RAMSAY, Chairman.


        The Senate took up the report of the Committee on the bill for the exemption of physicians from military service in this State, in certain cases, for which, a substitute was reported, by the committee on Military affairs.

        Mr. West offered the following amendment, "and all persons who are, or may hereafter be exempted or detailed as agriculturalists".

        Mr. Walker moved to lay the bill and amendments on the table for the present, which prevailed.

        The Senate took up the report of the Committee upon the bill to be entitled an act to exempt school-teachers from Militia service, in certain cases, for which the Committee reported a substitute.


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        Mr. Pottle offered the following amendment: Provided, "that said teachers have been engaged in the business of teaching for four years, preceding the passage of this act, except while in service".

        Mr. West offered the following amendment: "and all persons who are, or may hereafter be, exempted or detailed as agriculturalists".

        On motion, of Mr. Whitaker, the bill and amendments were laid on the table for the present.

        The Resolution of the House of Representatives, relative to the payment of the Militia of this State, was read and referred to the committee on Military affairs.

        Mr. McDonald, from the 6th District, introduced the following bills, which were severally read the first time, to-wit:

        A bill to be entitled an act for the relief of Alexander W. Wyley, of Berrien county.

        Also, a bill to be entitled an act to change the first and second Congressional districts.

        Mr. Walker, from the 27th district, introduced the following resolution:

        WHEREAS, The Inferior Court of the county of Walton, have not received from the Commissary General of the State, the amount of salt provided by law for soldiers families; for remedy whereof,

        The General Assembly of the State of Georgia do Resolve, That the Commissary General be authorized, and required, to furnish the county of Walton, and other counties in said State, which have not received the pro rata amount of salt, the amount of salt to which they are respectively entitled, upon the order of the Inferior Courts of the several counties, and upon compliance with the requirements of the law.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        The special order for this hour, being the resolutions renewing the assurances of Georgia to her sister States, that she will continue to prosecute the war until Independence is achieved, and liberty won; were taken up and are as follows:

RESOLUTIONS.

        WHEREAS, the State of Georgia in council with the other States did in 1776, solemoly declare that when any form


Page 49

of Government becomes destructive of the happiness or dangerous to the liberties of the people, it is the right and duty of the people to alter or abolish it: in pursuance whereof they did declare themselves independent States;

        And WHEREAS her separate independence and that of the other States was afterwards acknowledged by the world: And whereas Georgia did subsequently form, with other States, a common government or agency for the management of their foreign affairs, and other specified general purposes, which said common government or agency received no other or further recognition by foreign powers than as the representatives of the several States' sovereignties already recognized: And whereas Georgia entering into the association of federation that expressly reserved for herself, and therefore for her sister States, the rights which attached to the act itself, of resuming the powers granted whenever the same might be perverted to their injury or oppression: And whereas this State did in sovereign convention on the 21st day of January 1861, decide and determine that circumstances had arrived which made it her indisputable right to withdraw from the association known as the United States of America: And whereas this her legitimate right, has been followed by an atrocious war upon her, and upon the States with which she formed a new Confederation, for the purpose of subjecting her and them to the absolute and tyrannical domination of the United States: And whereas after four years of hostilities, conducted on the part of our enemies with the barbarity equalled only by the wickedness of their designs, their authorities are invited to a conference with a view to the establishment of peace, which invitation was responded to by the Confederate authorities: And whereas it appears from the report of the Confederate Commissioners to said conference, it was declared on the part of our enemies that nothing should terminate the existing war but our unconditional submission to their yoke, and acknowledgement of their absolute authority, and that the laws for the confiscation of our property and execution of our citizens should be enforced by Judges and other officers whom they would appoint for that purpose, so that the only palliation of our wretchedness should be the voluntary mercy of those, who for four years, have murdered our people and ravaged our homes; our social system to be upturned, and hereafter to be regulated at their will, and that the uniform which our soldiers have made so honorable stripped from their persons, and the flag under which they have so often marched to victory trailed in the dust and thrown away forever: Therefore be it,

        1st. Resolved by the General Assembly of the State of Georgia, That the struggle in which we have been engaged for the


Page 50

last four years involves not only the domestic institutions of the South, but the rights of self government and State Sovereignty, in which every State of this Confederacy as well as each State of the North, is most deeply interested to maintain; political equality and the sovereignty of the States should be an object demanding the greatest public sacrifice:

        2nd, Resolved, That we do spurn with indignation due to so gross an insult, the terms on which the President of the United States has proffered peace to the people of the Confederate States.

        3rd, Resolved, That the freedom with which the President has received even unofficial commissioners from the United States, his ready response to unofficial invitations to send commissioners, and the wise and discreet choice of persons made by him, commands our highest admiration, and is proof conclusive to the world of an honest and sincere desire to adjust the differences between the two nations, and put an end to this bloody strife.

        4th, Resolved, That burying all past differences of opinion as to the origin and conduct of the war, we intend to take nothing but our absolute independence, and to accomplish this Georgia pledges herself to use all the resources which Providence has placed in her power, humbly relying upon Divine assistance in the defense of all that is dear to freemen.

        5th, Resolved, Though having lately passed through an ordeal of blood and trial, Georgia renews her pledges to her sister States to stand by them with her army and treasury until independence is achieved and liberty won.

        6th, Resolved, That our profoundest gratitude is due to her soldiers, who on many a bloody battle field have illustrated their State by deeds of heroic valor. and that while we look to them with pride and confidence, we will see to it that their efforts are generously sustained, and that the amplest resources of the State are applied for the support and comfort of their families at home.

        7th Resolved, That His Excellency the Governor, be requested to transmit a copy of these resolutions to the President of the Confederate States, the Governors of the several independent States, and to our Senators and Representatives in Congress.


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

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

        On motion the special order was suspended, and the Message of His Excellency the Governor was taken up, and referred


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to joint committee of three, from the Senate, and three from the House of Representatives, to consider and report thereon; which was composed of Messrs. Mabry, Blackwell and Hammond, on part of the Senate; which Message is as follows:

EXECUTIVE DEPARTMENT,
Macon, Ga., February 23rd, 1865.

To the General Assembly:

        I have succeeded in importing about 20,000 pairs of cotton cards, without backs. I now have the backs for about 10,000 pairs, and am having the others made. So soon as this can be done, and the cards tacked on, they will all be ready for distribution, among the people of the State. They can be sold for twenty-five dollars per pair in currency.

        Under an order issued to the salesman, any family wishing them for use, is now permitted to purchase one pair at that rate, and many are applying for them. Observation already satisfies me, that this is giving the people of the interior of the State, the advantage of those more remote from the Capital, and I submit the question to the General Assembly, as the representatives of the people, to say, by resolution, how the cards shall be distributed among the people of the different counties. My desire is, that it be done upon the most equitable plan, giving all an equal opportunity to avail themselves of the benefit.

        If the cards are sold at $25.00 per pair, must be taken at the Capital without further expense, otherwise the price will have to be increased, to cover expense of importation and sale. One third of the whole number, purchased in England, was lost, in running the blockade with them. Two thirds came through safely.

JOSEPH E. BROWN.


        The special order was resumed, when Mr. Gaulden introduced, and moved as a substitute therefor, the following resolution, to-wit:

RESOLUTIONS.

        WAEREAS, It is believed that a majority of the people of Georgia desire that a Convention be called to consider the condition of the country and to devise ways and to initiate measures which will result in opening negotiations, by which an honorable peace may be obtained between the Confederate States and the United States,

        Resolved 1st, That in the opinion of this General Assembly that, with the resources of the Confederate States, it is in their power to prolong this war for an indefinite number of years, and that the State of Georgia ought to, and


Page 52

will, reject the late ultimatum of President Lincoln to the Commissioners of the Confederate States. That whilst this is our stern determination, yet we believe that if the subject is approached in the proper spirit by negotiations, peace may be obtained. If, however, we shall fail, we will have the proud satisfaction of knowing that we have exhausted the argument, and the people of the State of Georgia will stand united as one man prepared to win by our arms the just measures of our rights, or fill patriots' graves.

        Resolved 2d, That this General Assembly pledges the entire resources of the State for the prosecution of the war until an honorable peace can be obtained; but in our opinion fighting can never end this war, and we desire to withdraw as far as practicable the questions at issue from the arbitrament of the sword, and refer the same to the umpire of reason. With a view to this end,

        Resolved 3d, That an election for delegates to a Convention be held on the 20th day of March next, which Convention shall assemble at Macon on the 15th day of April next. That each county shall be entitled to send two delegates. That each voter shall endorse on his ticket Convention or No Convention If a majority of the voters shall say No Convention, then said Conventionshall not be held, but if a majority shall endorse Convention, then said Convention shall assemble at the time and place hereinbefore stated. That in those counties having no mail or railroad facilities, it shall be the duty of the Justices of the Inferior Courts to forward the returns by special couriers, and it shall be the duty of the Governor to make the result known by proclamation so soon as the result is ascertained.


        On motion, of Mr. Gaulden, the consideration of the original and substitute, were postponed until to-morrow morning, and fifty copies of the substitute be printed for the use of the Senate.

        On motion, of Mr. Gaulden, the resolutions in relation to the enlistment of slaves in the Army, were taken up.

        On motion, of Mr. Pottle, the same were postponed until Monday next.

        Mr. Speer, from the select committee to which was referred a bill to be entitled an act requiring the public archives of this State, and the books, papers and records, appertaining, or attached, to the public offices of this State, now at Milledgeville, to be removed to the City of Macon, and there to be kept and preserved, during the continuance of the present war, and for other purposes, reported a substitute, which is a bill to be entitled an act for the removal of the public archives of this State, the books, records, papers, and furniture, appertaining thereto, to the City of Macon.


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        Mr. Ramsay moved to strike out the 4th section, which was lost.

        Mr. Ramsay offered as a substitute for the original and substitute, the following resolution:

        Resolved, That the Governor be authorized, in his discretion, in case of invasion, or raids, by the public enemy, to remove the public property, and archives, of the State, to some place of safety.

        The substitute reported by the committee, was adopted in lieu of the original bill.

        Upon the passage of the bill the ayes and noes were ordered, and resulted as follows: ayes 11, nays 18; so the bill was lost.

        Those voting in the affirmative are Messrs:

        Bacon, Bennett, Gaulden, Griffin, McCutchen, McRae, Speer, Sprayberry, Underwood, Whitaker, White.

        Those voting in the negative are Messrs:

        Baker, Blackwell, Chambers, Ezzard, Grice, Groover, Hammond, Mabry, McDonald, Nisbet, Pafford, Polk, Pottle, Price, Ramsay, Walker, Watkins, West.

        Mr. West, from the select committee, to which was referred a bill to be entitled an act to allow officers of Georgia, in the army, to purchase clothing for their own use from the Quartermaster General of this State, reported a substitute therefor, which is a bill to be entitled an act to allow officers of this State, in the army of the Coufederate States, when with their commands in the field, to purchase clothing from the Quarter-Master General of the State.

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

        Mr. President:--The House of Representatives has concurred in the following Resolution, of the Senate, to-wit:

        A resolution appointing a joint committee to examine the condition of the Penitentiary, and report thereon. The committee appointed on the part of the House, are Messrs. Kirby, Overstreet of Pierce, and Smith of Laurens.

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

FRIDAY MORNING, FEBRUARY 24th, 1865.

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

        Mr. McCutchen moved to reconsider the bill to be entitled


Page 54

an act for the removal of the publiç archives, books, papers, and records to the city of Macon, which prevailed.

        On motion the resolutions in relation to the prosecution of the war, were taken up and occupied the morning session, after which on motion, the Senate adjourned to 3 o'clock, P. M.

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        On motion the regular order was suspended.

        Mr. Walker asked leave to withdraw a resolution introduced by him in relation to supplying the county of Walton with salt, which was granted.

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

        A bill to be entitled an act to change the first and second Congressional districts.

        Also a bill to be entitled an act for the relief of Alexander W. Wylly, of Berrien county.

        Leave of absence for the remainder of the session was granted Hon. Peter Cone, of the 17th District.

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

        Mr. President:--The House of Representatives have passed the following bill, to-wit:

        A bill entitled an act to relieve tax payers from State and county taxes for the year 1864, in certain cases.

        Mr. Bacon from the committee on enrollment, reported as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following resolution, to-wit:

        A resolution appointing a joint committee to examine the condition of the Penitentiary, and report thereon.

        Mr. Grice from the committee on the judiciary, made the following report:

        Mr. President:--The committee on the judiciary, to which were referred sundry bills, have had the same under consideration, and direct me to report as follows:

        A bill to be entitled an act to authorize Executors, Administrators and Trustees, to pay debts against the Estates which they represent, contracted and owing before the war between the Confederate States and the United States, with property belonging to the estates, on a basis of valuation of the same as in 1860, and for other purposes.


Page 55

        The committee recommend the following provisos to the 2nd section:

        "Provided, That the provisions of this act shall not interfere with the priority of debts or liens.

        And, provided further, That where the Administrator, Executor or Trustee, is a creditor, the Ordinary shall represent the estate in the payment of debts due him or them;" and as amended they recommend its passage.

        A bill to be entitled an act to amend the 1670th section of the Code of Georgia, and to add an additional ground for a total divorce, and to prescribe the mode of proceeding under said ground, and to relieve parties from the penalty of the law, on certain conditions, for which the committee report a substitute, which is a bill to be entitled an act to add an additional ground for a total divorce in this State, which they recommend be adopted in lieu of the original, and do pass.

        Also, bill to be entitled an act to carry into effect paragraph 4989 of the 4th article of the Constitution, which they recommend do pass.

        Also, bill to be entitled an act for the better securing to indigent families appropriations for their relief, which they recommend do pass.

        Also, bill of the House to be entitled an act to authorize Allen M. Walker, a minor, to receive his estate from his Guardian, and for other purposes, which they recommend do not pass.

W. L. GRICE,
Chairman pro tem.


        Leave of absence was granted Messrs. Gaulden, Underwood, Bennett, Speer, Pate and McRae, and L. H. Kenan, the Secretary, for a few days.

        Mr. Nisbet introduced the following, which is a bill to be entitled an act for the relief of the Eatonton Manufacturing Company, which was read the first time.

        The Senate took up the report of the committee, upon the bill to be entitled an act to allow officers from this State in the army of the Confederate States, when with their commands in the field, to purchase clothing from the Quartermaster General of this State.

        The report was agreed to, the bill was read the 3rd time and passed.

        The Senate took up the report of the committee upon the bill to be entitled an act to add an additional ground for a total divorce in this State.

        Mr. West moved to recommit the bill, which was lost.

        Upon the passage of the bill the yeas and nays were ordered, and resulted as follows: yeas 9, nays 22, so the bill was lost.


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        Those who voted in the affirmative are Messrs.

        Baker, Bennett, Gaulden, Grice, Mabry, McDonald, Spear, Sprayberry, White.

        Those who voted in the negative are Messrs..

        Anthony, Bacon, Blackwell, Chambers, Ezzard, Griffin, Groover, Hammond, Hubbard, McCutchen, McRae, Nisbet, Pate, Pafford, Polk, Pottle, Price, Underwood, Walker, Watkins, West, Whitaker.

        Mr. Nisbet of the 28th district introduced a bill to be entitled an act to authorize the Georgia Rail Road and Banking Company to close up its banking business, which was read the first time.

        Mr. Groover of the 7th district, introduced the following resolutions:

        WHEREAS, since the fall of Savannah, it is a matter of pressing military necessity for the transportation of troops and supplies from South Western Georgia, and Florida, that there should be railroad communication between Albany and Thomasville, the termini of the South Western and Atlantic and Gulf Rail Roads; the distance between said places being 55 miles, and through a level and productive country, there being but little grading to be done on said route; and whereas, the existing company is unable without assistance from the Confederate Government to furnish the necessary labor and material for building said road: for remedy whereof, the General Assembly of the State of Georgia do

        Resolve, That our Senators and Representatives in Confederate Congress be requested to urge upon the Confederate Government, the military necessity for the building of said road, and the importance of granting assistance to said company by allowing such details to contractors who will furnish a sufficient and necessary number of hands for the building of said road, and that the Confederate Government may furnish such supplies of iron as may be practicable for the completion of said road.

        2d Resolved, That a copy of these resolutions be sent to our Senators and Representatives in Congress.

        Mr. Walker of the 27th District, introduced the following bill, to-wit:

        A bill to be entitled an act to authorize the impressment of private property for public use, on payment of just compensation, which was read the first time.

        On motion the regular order was resumed.

        Mr. Walker moved to postpone the further consideration of the whole subject until Monday next, which was lost.

        Mr. Walker offered a series of resolutions as a a substitute for the original and substitute, which are as follows:


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RESOLUTIONS ON THE SUBJECT OF INDEPENDENCE
AND PEACE.

        The General Assembly of the State of Georgia do

        Resolve, 1. That the independence of the Confederate States of America, as based upon the constitutional compact between the sovereign States composing the Confederacy, and maintained through nearly four years of gigantic war, justly claims from their former associates and from the world, its recognition as a rightful fact.

        2. That all the States which composed the late American Union, as well those embraced within the present United States as those embraced within the Southern Confederacy, are what the original thirteen States were declared to be by their common ancestors of 1776 and acknowledged to be by George the Third, of England--independent and sovereign States: not as one political community, but as States, each one of them constituting such a "people" as have the inalienable right to terminate any government of their former choice by withdrawing from it their consent; just as the original thirteen States through their common agent acting for, and in the name of each of one them, by the withdrawal of their consent, put a rightful termination to the British government which had been established over them with their perfect consent and free choice.

        3. Resolved, That in the judgment of this General Assembly the sovereignty of the individual and several States is the only basis upon which permanent peace between the States now at war with each other can be established consistently with the preservation of constitutional liberty; and that the recognition of this principle, if the voice of passion and war can once be hushed, and reason be allowed to resume her sway, will lead to an easy and lasting solution of all matters of controversy involved in the present unnatural war, by simply leaving all the States free to form their political associations with one another, not by force of arms which excludes the idea of consent, but by a rational consideration of their respective interests, growing out of their condition, resources and situation.

        4. Resolved, That we do spurn with indignation the terms on which the President of the United States has proposed peace to the people of the Confederate States; and that Georgia pledges herself to her sister States to use constitutionally all the resources which Providence has placed in her power for the maintenance of the principles herein announced, the security of our rights and in maintaining the independence and severeignty of these States.

        5. Resolved, That whilst we spurn with indignation the terms on which the President of the United States has offered peace to the people of the Confederate States; and


Page 58

whilst Georgia renews her pledges to use constitutionally her resources for the attainment of an honorable peace upon the principles herein laid down; we appeal from the terms offered by President Lincoln to the reason and justice of all friends of constitutional liberty wherever found. And that we echo a hearty response to the proposition for an armistice and the withdrawal of the decision of this question from the arbitrament of the sword to the forum of reason and justice.

        6. Resolved, That the freedom with which President Davis has received even unofficial Commissioners from the United States, his ready response to unofficial invitations to send Commissioners, the wise and discreet choice of persons made by him commands our highest admiration and is proof conclusive of an honest and sincere desire to withdraw the decision of the questions involved, from the arbitrament of the sword to the forum of reason and justice.

        7. Resolved, That our profoundest gratitude is due to our soldiers who on many a bloody battle-field have illustrated their State by deeds of heroic valor, and that while we look to them with pride and confidence we will see that their efforts are generously sustained and that the amplest resources of the State are applied for the support and comfort of their families at home.

        8. Resolved, That a copy of these resolutions be forwarded by His Excellency the Governor to the President of the Confederate States, to our Senators and Representatives in the Confederate Congress, and to the Governors of the several independent States.

        Pending the consideration of which, leave of absence was granted Messrs. Walker and Polk, to visit the Penitentiary.

        On motion the Senate adjourned to Saturday morning, 10 o'clock, A. M.

SATURDAY MORNING,
FEB. 25TH, 1865.

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

        Mr. Sprayberry moved to reconsider the bill to be entitled an act to add an additional ground for a total divorce in this State, which was lost.

        The following bills were introduced and read respectively the first time:

        By Mr. McCutchen, a bill to be entitled an act to compel the keepers of Inns, Hotels, and other houses of public entertainment, for travellers to give receipts or checks for the


Page 59

baggage of their guests, in certain cases, and to make penal a refusal to do so.

        By Mr. Pottle, a bill to be entitled an act to extend the time for returns of elections in the Army.

        The following bill of the House of Representatives was read the first time, to-wit:

        A bill to be entitled an act to relieve Tax-Payers from State and county Taxes for the year 1864, in certain cases.

        The unfinished business of yesterday was resumed, being the consideration of the resolutions and substitutes offered by Messrs. Pottle, Gaulden and Walker.

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

        Mr. President:--The House of Representatives have passed the following bills, to-wit:

        A bill to be entitled an act for the relief of B. McIntosh of Brooks county, and other persons similarly situated.

        Also, a bill to be entitled an act to repeal an act, assented to April the 18th, 1863, entitled an act to change the line between the counties of Randolph and Calhoun, so as to embrace in the county of Randolph, lots of land numbers 210, 211, 246 and 247, in the fifth district of originally Lee, now Calhoun, in the county of Randolph.

        Also, a bill to limit the Tax to be imposed upon the citizens and Tax-Payers of the City of Marietta, in said State.

        Also, a bill to be entitled an act to repeal an act entitled an act to alter and change the oath of Tax-Payers in this State, assented to December 14th, 1863.

        Also, a bill to be entitled an act to authorize Mary Edmundson, Administratrix of David Edmundson, late of Brooks county deceased, to settle with and pay off William A. Edmundson, one of the heirs at law of said estate.

        Also, a bill to be entitled an act to legalize the election of Commissioners for the town of Madison.

        Also, a bill to be entitled an act to prescribe the oath of Tax-Payers for the year 1865.

        Also, a bill to be entitled an act for the relief of persons who failed to give in their Tax for the year eighteen hundred and sixty-four, in the time required by law.

        Also, a bill to be entitled an act to amend an act of fourteenth of December eighteen hundred and sixty-three, authorizing the Treasurer to issue certificates of Deposit for certain Treasury Notes.

        Also, a bill to be entitled an act to change the line between the counties of Wayne and Pierce.

        Also, a bill to be entitled an act to change the line between the counties of Pulaski and Telfair.


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        Also, a bill to be entitled an act to change the line between the counties of Meriwether and Coweta, so as to include the residence of B. P. Hill, in the latter.

        Also, a bill to be entitled an act for the relief of Tax-Collectors from whom State and county funds have been taken by the public enemy.

        Also, a bill to be entitled an act to grant relief to the banks of this State.

        Also, a bill to be entitled an act to require county Treasurers in the several counties in this State, to be elected by the people.

        Also, a bill to be entitled an act to relieve certain school teachers from Militia service.

        Also, a bill to be entitled an act to add the county of Worth, to the South-Western Judicial circuit, and to change the times of holding the Superior Courts of said county: from and after the passage of this Act, the county of Worth shall be, and the same is hereby added to the South-Western Judicial Circuit.

        Also, a bill to be entitled an act to prescribe the Tax on Banking corporations and all incorporated companies, using banking privileges in this State.

        Also, to relieve the Banks and other incorporated companies from a double Tax levied upon the same in 1864.

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

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

        A resolution authorizing the Governor to furnish Members and certain officers with Water's Pamphlet.

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

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

        Resolution requesting the authorities to suspend the order, to take the iron from the Macon and Brunswick Rail Road, and I am instructed to transmit the same to the Senate forthwith.

        Mr. Pottle called the previous question, which was sustained.

        The substitute of Mr. Walker was lost.

        Upon the substitute offered by Mr. Gaulden, the yeas and nays were ordered, and resulted as follows--yeas 6, nays 21.

        So the adoption of the substitute offered by Mr. Gaulden in lieu of the original was lost,


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        Those who voted in the affirmative are Messrs.

        Bennett, Ezzard, Gaulden, Pafford, Underwood.

        Those who voted in the negative are Messrs:

        Bacon, Baker, Blackwell, Chambers, Grice, Griffin, Groover, Guerry, Hammond, Hubbard, Ledford, Mabry, McCutchen, Nisbet, Polk, Pottle, Ramsay, Spear, Watkins, West, Whitaker, White.

        Upon the adoption of the original, the yeas and nays were ordered, and resulted as follows--yeas 24, nays 2.

        So the resolutions were adopted, and ordered to be transmitted to the House of Representatives.

        Those voting in the affirmative are Messrs.

        Bacon, Baker, Blackwell, Chambers, Ezzard, Grice, Griffin, Groover, Guerry, Hammond, Hubbard, Mabry, McCutchen, McDonald, Nisbet, Pafford, Polk, Pottle, Ramsay, Spear, Watkins, West, Whitaker, White.

        Those voting in the negative were Messrs.

        Bennett, Gaulden.

        Upon motion of Mr. Nisbet, the following resolution from the House of Representatives was taken up and concurred in, to-wit:

        A resolution requesting the authorities to suspend the order to take the iron from the Macon and Brunswick Rail Road.

        The following resolution was introduced by Mr. Hubbard, which was adopted:

        Resolved, That His Excellency the Governor cause a copy of the resolutions pledging the resources of the State for the prosecution of the war, to be forwarded to each Brigade commander from Georgia, in the Army.

        Mr. Groover moved to take up his resolution in relation to the building of a Rail Road for Military purposes, to connect Albany and Thomasville, which was adopted.

        Leave of absence was granted to Messrs. Griffin and Blackwell, for a few days.

        On motion the Senate adjourned to Monday morning 10 o'clock.


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MONDAY, FEBRUARY 27th, 1865.

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

        Mr. Pottle moved to suspend the rules--which was agreed to, to take up the report of the committee on the bill, to be entitled an act for the better securing to indigent families, appropriations for their relief.

        Mr. Sprayberry moved to recommit the bill--which was lost.

        Mr. Bacon moved to refer the bill back to the committee on the Judiciary--which was lost. The report was agreed to and the bill was read the 3d time and put on its passage--upon which the yeas and nays were ordered and resulted as follows--Yeas 19, Nays 7. So the bill was passed.

        Those who voted in the affirmative are Messrs:

        Anthony, Bacon, Cook, Ezzard, Gaulden, Griffin, Guyton, Hammond, McCutchen, McDonald, McRae, Nisbet, Pafford, Pottle, Spear, Underwood, Watkins, Whitaker, White.

        Those who voted in the negative are Messrs:

        Baker, Bennett, Chambers, Price, Ramsay, Sprayberry, West.

        Mr. Watkins, Chairman of the Finance Committee, made the following report:

        Mr. President: The Committee on Finance, to whom was referred a bill to be entitled an act, to fix the fees of Clerks, Sheriffs and other officers, and for other purposes--have had the same under consideration and propose to amend by striking out the words "other officers" in the caption of the said bill; also, to strike out the same words, viz: "other officers" wherever they appear in said bill, and insert the word Jailors in lieu thereof--also, to strike out the word "fifty" in the first section. Also, to strike out the words "or State" after the word "Confederate" in the "first, second and third sections" and recommend its passage as amended.

E. P. WATKINS, Chairman.

R. B. KNIGHT, Sec'y.


        Mr. Price, from the Committee on Banks, made the following report:

        Mr. President: The committee to which was referred a bill to be entitled an act, to-wit:

        A bill to be entitled an act, to alter and amend the charter of the Central Rail Road and Banking Company of


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Georgia--to provide for the election of Directors of said Company, and a President thereof for the present year, to change and establish the principal office of said Company, and to fix the number of Directors necessary for a quorum to transact business and for other purposes relating to said Company--which they recommend do pass.

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

        Mr. President:--The committee on the Judiciary to which were referred sundry bills, have had the same under consideration, and direct me to report as follows, to-wit:

        A bill of the House, to be entitled an act in reference to Juries--which they recommend do pass.

        Also, a bill of the House, to be entitled an act to authorize Executors, Administrators, Guardians and Trustees, to sell Confederate bonds under certain circumstances--which they amend by inserting in the third line of the first section after the words "has not" the words "the money or" and as amended recommend its passage.

        Also, bill of the House, to be entitled an act, to legalize Administrations made under letters granted from wrong counties, under certain circumstances--which they recommend do pass.

        Also, bill of the House, to be entitled an act for the relief of James D. Frierson, Trustee of Clark county--which they report back without recommendation.

W. L. GRICE, Chairman,
Pro tem.


        Mr. Nisbet, Chairman of the Committee on the State Lunatic Asylum, made the following report:

        Mr. President: The joint Committee on the State Lunatic Asylum, have not had an opportunity to visit the Institution since the annual meeting of the General Assembly, but have had a full interview with Dr. Green, the Superintendant and resident Physician, and have had his annual report thereon. This report places the Committee in possession of all the information necessary to a full understanding of the condition of the Asylum. Owing to the devastation of the surrounding country by the public enemy, and the consequent scarcity and dearness of labor and provisions, the Committee recommend an additional increase of the Salaries of the Superintendant and others connected with the Institution, as well as an increase of the sum appropriated for the support of the pauper patients. In other words, the Committee recommend the following additional appropriations, to-wit:


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Salary of Superintendant and resident Physician, $1,500
Salaries of Trustees and Treasurer, sub officers, Attendants and Servants' hire, 10,000
For support of pauper patients, 50,000
Making a total of $61,500

R. B. NISBET,
Chair'n Senate Committee.

T. A. PARSONS,
Chair'n House Committee.


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

        Mr. President: The House of Representatives, have passed the following bills, to-wit:

        A bill to be entitled an act for the relief of Tax Receivers, who have been or may be prevented by the public enemy, from completing the work required of them by law.

        Also, a bill to be entitled an act for the relief of certain persons elected to civil offices in this State.

        Also, a bill to be entitled an act, to suspend the operations of an act entitled an act to constitute the Town of Cuthbert. Randolph county, a City--to provide for the election of officers, define the powers of the several officers of said City, as well as of said Corporation--to extend the limits of Cuthbert, and for other purposes during the continuance of the present war.

        The House of Representatives, have also adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:

        A resolution relative to the subordination of the Military, to the Civil authority, when not displaced by the presence of the public enemy.

        Also, a resolution in reference to the distribution of Cotton Cards.

        Also, a resolution requesting the re-establishment of the Mail route from Tennille, to Dublin, in this State.

        Also, a resolution relative to the passage of a law, authorizing Executors and Administrators, to sell bonds for the purpose of distribution and payment of debts, &c.

        Mr. Gaulden moved to take up the resolutions, in relation to the enlistment of Slaves in the army--which was agreed to.

        Mr. Guerry moved to refer the same to the Committee on Confederate relations--which prevailed.

        Mr. Chambers reported the following resolution:

        Resolved, That His Excellency the Governor, be respectfully


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requested to inform the General Assembly, how much Cotton has been bought by the State, either for investment or shipment, and how many bales have been shipped? whether the State owned any Cotton in Savannah, when captured and how much? how many bales have been lost in outgoing vessels, and how many now are owned by the State, in Europe; how many incoming shipments of purchases on part of the State, have been lost--and how many received--upon motion, the same was taken up and adopted.

        The Senate then adjourned to 3 o'clock, P. M.

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        On motion the rules were suspended, and the following bills were read severally the 2d time, to-wit:

        A bill to be entitled an act, to extend the time for returns of elections in the army.

        Also, a bill to be entitled an act, to authorize the Judges of the Superior Courts of this State, to hold the Sessions of the Superior Courts, at places and times, other than the county sites, where public necessity or convenience may require it.

        Also, a bill to be entitled an act, to authorize the Judges of the Superior Courts of this State, to convene special Terms of the Superior Courts, for the purposes of Jail delivery or the trial of criminal cases--which was referred to the Committee on the Judiciary.

        Also, a bill to be entitled an act, to compel the keepers of Inns, Hotels, and other houses of public Entertainment for travellers, to give receipts or checks for the baggage of their guests in certain cases, and to make penal a refusal so to do.

        Also, a bill to be entitled an act, to authorize the Georgia Rail Road & Banking Company, to close up its Banking business.

        Also, a bill to be entitled an act, for the relief of the Eatonton Manufacturing Company--which was referred to the Committee on Finance.

        Also, a bill to be entitled an act, to authorize the Impressment of private property for public use, on payment of just compensation.

        Mr. Groover reported a bill to be entitled an act, to provide for holding elections, for counties that have been over-run by the enemy--which was read the 1st time.

        Mr. Bacon reported a bill to be entitled an act, to increase the rank of the Commissary General, and Quartermaster


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General of the State of Georgia--which was read the 1st time.

        Mr. Grice reported a bill to be entitled an act, in relation to elections in this State--which was read the 1st time.

        The Senate took up the report of the committee upon the bill to be entitled an act, for the relief of Alexander W. Wylley of Berrien county--the report was agreed to, the bill was read the 3d time and passed.

        The Senate took up the report of the committee upon the bill to be entitled an act, to fix the fees of Clerks, Sheriffs and other officers, and for other purposes--the report was agreed to, the bill was read the 3d time and passed.

        The Senate took up the report of the committee on the bill to be entitled an act, to carry into effect, the 4989th paragraph, of the 4th article, of the Constitution--the report was agreed to, the bill was read the 3d time and passed.

        The Senate took up the report of the committee upon the bill to be entitled an act, for the removal of the public Archives of this State, the books, records, papers and furniture, appertaining thereto, to the City of Macon--upon motion, the same was referred to the Committee on the Judiciary.

        Mr. Watkins, Chairman of the Finance Committee, made the following report:

        Mr. President: The Committee on Finance, to whom was referred a bill to be entitled an act, to relieve citizens of said State, who are unable to pay their taxes upon property taken and destroyed by the public enemy:

        Also, a bill to be entitled an act, to release and exempt the counties of Paulding and Polk, and all other counties similarly situated, from the payment of State Taxes for the year 1864.

        Also, a bill to be entitled an act, to amend an act, approved December 18th, 1864, for the relief of Tax-payers on property lost, destroyed, or rendered valueless by the enemy, &c.

        Also, a bill to be entitled an act to relieve the Lawrenceville Manufacturing Company of Gwinnett county, from the general Tax of 1864.

        Also, a bill to be entitled an act, to relieve certain counties in this State, from paying Tax for the year 1864--have had the same under consideration, and report back the following substitute, viz:

        A bill to relieve Tax-payers, from State and county taxes for the year 1864, in certain cases--which they recommend do pass.

E. P. WATKINS,
Chairman Committee.

R. B. KNIGHT, Sec'y.



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        Mr. Ramsay, Chairman of the Committee on Military Affairs, made the following report:

        Mr. President: The Committee on Military Affairs, to whom was referred a resolution, requesting His Excellency the Governor, to order Lieut. Col. Beall, to report with his command to Brig. Gen. Phillips--having had the same under consideration, have directed me to report in lieu thereof a resolution requesting the Governor, to disband Lieut. Col. Beall's Battalion--which they recommend be adopted.

JAMES N. RAMSAY, Chairman.


        The Senate took up the report of the committee upon the resolution, requesting the Governor, to order Lt. Col. Beall, to report with his command to Brig. General Phillips--the report was agreed to, and the resolution was concurred in.

        The following bills from the House of Representatives, were read the 2d time, to-wit:

        Bill to repeal so much of an act entitled an act, to reorganize the Militia of the State of Georgia, and for other purposes, assented to December 14th, 1863, as makes the Justices of the Peace, liable to militia service.

        Also, bill to be entitled an act, to alter and change the corporate limits of the town of Perry, in Houston county.

        Also, bill to be entitled an act, to increase the efficiency of the Georgia Militia, and to turn over to Confederate service, those who fail to do duty in the service--which was referred to the Committee on Military Affairs.

        Also, bill to be entitled an act, to increase the per diem pay of Teachers of children, entitled to the benefit of the Poor School fund--which was referred to the Committee on Education.

        Also, bill to be entitled an act, to change the line between the counties of Chattahoochee and Stewart.

        Also, bill to be entitled an act, to relieve Tax-payers from State and county taxes, for the year 1864, in certain cases.

        Also, bill to be entitled an act to repeal an act, entitled an act, to change the county lines, between Marion and Taylor, and county lines between Coweta and Heard, assented to December 27th, 1857--eighteen hundred and fifty-seven, so far as relates to the county line between Coweta and Heard.

        The following bills from the House of Representatives, were read the 1st time:

        A bill to be entitled an act, to relieve school teachers from militia service.

        Also, a bill to be entitled an act, to change the line between the counties of Meriwether and Coweta, so as to include the residence of B. P. Hill, in the latter.

        Also, a bill to be entitled an act, to suspend the operations


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of an act entitled an act, to constitute the town of Cuthbert, Randolph county, a city--to provide for the election of officers, define the powers of the several officers of said city, as well as of said corporation; to extend the limits of Cuthbert and for other purposes, during the continuance of the present war.

        Also, a bill to be entitled an act, for the relief of Tax Receivers, who have been or may be prevented, by the public enemy, from completing the work required of them by law.

        Also, a bill to be entitled an act, for the relief of certain persons, elected to civil offices in this State.

        Also, a bill to be entitled an act, to prescribe the tax on Banking corporations and all incorporated Companies, using Banking privileges in this State--also, to relieve the Banks and other incorporated Companies from a double tax, levied upon the same in 1865.

        Also, a bill to be entitled an act, for the relief of B. M. McIntosh, of Brooks county, and other persons similarly situated.

        Also, a bill to be entitled an act, to repeal an act, assented to April 18th, 1863, entitled an act, to change the line between the counties of Randolph and Calhoun, so as to embrace in the county of Randolph, lots of land Nos. 210, 211, 246, and 247, in the 5th District, of originally Lee, now Calhoun, in the county of Randolph.

        Also, a bill to limit the tax to be imposed upon the citizens, and Tax-payers of the city of Marietta, in said State.

        Also, a bill to be entitled an act, to repeal an act entitled an act, to alter and change the Oath of Tax-payers, in this State--assented to December 14th, 1863.

        Also, a bill to be entitled an act, to authorize Mary Edmondson, Administratrix, of David Edmondson, late of Brooks county, deceased, to settle with and pay off William A. Edmondson, one of the heirs at law, of said Estate.

        Also, a bill to be entitled an act, to change the line between the counties of Pulaski and Telfair.

        Also, a bill to be entitled an act, to grant relief to the Banks of this State.

        Also, a bill to be entitled an act, to legalize the election of Commissioners for the town of Madison.

        Also, a bill to be entitled an act, to prescribe the Oath of Tax-payers for the year 1865.

        Also, a bill to be entitled an act, to require county Treasurers, in the several counties in this State, to be elected by the people.

        Also, a bill to be entitled an act, to add the county of Worth, to the South-Western Judicial Circuit, and to change the times of holding the Superior Courts of said county, from and after the passage of this act--the county


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of Worth, shall be and the same is hereby added to the South-Western Judicial Circuit.

        Also, a bill to be entitled an act, to amend an act of the 14th of December, 1863, authorizing the Treasurer, to issue certificates of deposit, for certain Treasury notes.

        Also, a bill to be entitled an act, for the relief of persons who failed to give in their tax for the year 1864, in the time required by law.

        Also, a bill to be entitled an act, to change the line between the counties of Wayne and Pierce.

        Also, a bill to be entitled an act, for the relief of Tax Collectors, from whom State and county funds have been taken by the public enemy.

        Also, a bill to be entitled an act, to limit the tax to be imposed upon the citizens and Tax-payers of the City of Marietta, in said State.

        On motion, the resolution in relation to adjournment, was taken up.

        Mr. Guerry moved to strike out "Monday," and insert Thursday.

        Mr. Bacon moved to insert Saturday, at 12 o'clock, M., instead of Thursday--upon which motion, the yeas and nays were ordered, and resulted as follows:

        Yeas 17--Nays 8. So the motion prevailed to insert Saturday, and the resolution was adopted.

        Those who voted in the affirmative are Messrs:

        Bacon, Blackwell, Cook, Griffin, Hammond, McCutchen, Nisbet, Pate, Polk, Pottle, Price, Simmons, Spear, Watkins, West, Whitaker, White.

        Those who voted in the negative are Messrs:

        Anthony, Baker, Bennett, Gaulden, Grice, McDonald, McRae, Underwood.

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

TUESDAY MORING, FEBRUARY the 28th, 1865.

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

        Mr. Bacon moved to reconsider the bill to be entitled an act for the better securing to indigent families, appropriations for their relief.

        Upon the motion the yeas and nays were ordered, and resulted as follows, yeas 12; nays 17. So the motion to reconsider was lost.


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        Those who voted in the affirmative are Messrs.

        Bacon, Baker, Bennett, Chambers, Hubbard, McCutchen, Nisbet, Price, Ramsay, Sprayberry, Walker, West.

        Those who voted in the negative are Messrs.

        Anthony, Ezzard, Gaulden, Grice, Hammond, Ledford, Mabry, McDonald, McRae, Pafford, Polk, Pottle, Spear, Underwood, Watkins, Whitaker, White.

        Mr. Watkins moved to reconsider the bill to be entitled an act, to fix the fees of Clerks, Sheriffs, Ordinaries and Jailors, and for other purposes, which was lost.

        Mr. Hammond introduced the following resolution, which was taken up and adopted:

        Resolved, That Brig. Generals A. H. Colquitt, and L. J. Gartrell, be invited to seats on the floor of the Senate during their stay in the city, and that a committee of three be appointed to notify them of the action of the Senate, which committee was composed of Messrs. Mabry, Bacon and Speer.

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

        Mr. President:--The House of Representatives have adopted the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        A resolution to have a mail route established from Dublin, Laurens county, to Mount Vernon, Montgomery county.

        Also a resolution allowing the Secretary of State to appoint a Clerk in his department.

        The House of Representatives have also passed the following bills, all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to amend the charter and corporate laws of the city of Milledgeville, as to the mode of electing Aldermen.

        Also a bill to be entitled an act to repeal the third clause of the one thousand two hundred and sixth section of the revised Code of Georgia, relative to the publication by the Board of Education.

        Also a bill to be entitled an act to amend the charter of the town of Sparta, in this State.

        Also a bill to be entitled an act to amend the laws of Habeas Corpus.

        Also a bill to be entitled an act to alter and amend the act incorporating the town of Fort Valley, in the county of Houston, so as to invest the Commissioners of said town with full power to regulate or prohibit the retail of spirituous liquors within the corporate limits of the same.


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        Also a bill to be entitled an act to change the county line between the counties of Union and Fannin.

        Also a bill to be entitled an act to incorporate the Metropolitan Telegraph Company, and for other purposes.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the Presidedt of the Senate, the following resolutions, to-wit:

        A resolution requesting the authorities to suspend the order to take the iron from the Macon and Brunswick Rail Road.

        Also a resolution authorizing the Treasurer to rent an office in the city of Macon.

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

        Mr. President:--The committee on Finance to which was referred a bill to be entitled an act to extend the time for the redemption of State Treasury notes, issued under act of Dec. 12th, 1863, and amended under act of March 17th 1864, and for other purposes, have had the same under consideration, and recommend its passage.

E. P. WATKINS,
Chairman.


        Mr. Sprayberry reported the following resolution, to-wit:

        WHEREAS, in the present crisis, more able bodied men are required in the field to arrest the progress of the foe who assails us, and whereas, it is necessary to arouse the indomitable spririt of our people by a return to the true spirit of the constitution; and whereas, the Conscript Law has accomplished all the good that can be expected therefrom, and in the judgment of the General Assembly of Georgia has for some time past tended to oppress and distract our people, therefore be it,

        1st Resolved, That in the opinion of the General Assembly of Georgia, the further enforcement of the Conscript Law should be abandoned.

        2nd, That the Government should resort to requisition on the States for such troops as may be needed for the further prosecution of the war.

        3rd, That the adoption of the above course will add largely to our effective force in the field; will revive the spirit of '61 and '62 amongst our people and by so doing will enable us to conquer an early and honorable peace.

        4th, That the Governor is hereby requested to furnish the President, members of Congress, and the Governors of the States constituting the Confederacy, a copy of these resolutions.


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        The Senate took up the report of the committee on the bill to be entitled an act to authorize the Georgia Rail Road and Banking Company to close up its banking business.

        The report was agreed to--the bill was read the 3d time and passed.

        The Senate took up the report of the committee upon the bill to be entitled an act to alter and amend the charter of the Central Rail Road and Banking Company of Georgia, to provide for the election of Directors for said Company, and a President thereof for the present year, to change and establish the principal office of said Company, and to fix the number of Directors necessary for a quorum to transact business, and for other purposes relating to said Company.

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

        On motion, Mr. Mabry was added to the committee on the Penitentiary.

        The Senate took up the report of the committee upon the bill to be entitled an act to extend the time for the redemption of the State Treasury notes issued under act of December 12th, 1863, and amended under act of March 17th, 1864, and for other purposes.

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

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment, and took up the report of the committee upon the bill to be entitled an act to authorize Executors, Administrators, Guardians and Trustees, to pay debts against the estates they represent, contracted an owing before the war between the Confederate States and United States, with property belonging to the estates, on a basis of valuation of the same, as in 1860, and for other purposes.

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

        On motion the rules were suspended and the following bills of the House of Representatives were taken up and read the second time, to-wit:

        A bill to be entitled an act to require county Treasurers in the several counties to be elected by the people.

        Also Bill to be entitled an act to limit the tax to be imposed


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upon citizens and tax payers of the City of Marietta, in said State.

        Also bill to be entitled an act for the relief of Tax Receivers who have been or may be prevented by the public enemy from completing the work required of them by law.

        Also bill to be entitled an act for the relief of B. McIntosh, of Brooks county, and other persons similarly situated.

        Also bill to be entitled an act to repeal an act entitled an act to alter and change the oath of tax payers in this State, assented to December 14th, 1863.

        Also bill to be entitled an act to prescribe the tax on Banking Corporations and all incorporated companies, using banking privileges in this State, also to relieve the banks and other incorporated companies from a double tax levied upon the same for the year 1865.

        Also bill to be entitled an act to suspend the operations of an act entitled an act to constitute the town of Cuthbert, Randolph county, a city; to provide for the election of officers, define the powers of the several officers of said city, as well as of said corporation; to extend the limits of Cuthbert, and for other purposes, during the continuance of the present war.

        Also bill to be entitled an act to repeal an act assented to April 18th, 1863, entitled an act to change the line between the counties of Randolph and Calhoun, so as to embrace in the county of Randolph, lots of land Nos. 210, 211, 246 and 247, in the 5th District of originally Lee, now Calhoun.

        Also bill to be entitled an act for the relief of certain persons elected to civil offices in this State.

        Also bill to be entitled an act to change the line between the counties of Wayne and Pierce.

        Also bill to be entitled an act to prescribed the oath of tax payers for the year 1865.

        Also bill to be entitled an act to legalize the election of Commissioners for the town of Madison.

        Also bill to be entitled an act to add the county of Worth to the South Western Judicial Circuit, and to change the time of holding the Superior Courts of said county, from and after the passage of this act.

        Also bill to be entitled an act for the relief of persons who failed to give in their tax for the year 1864, in the time required by law.

        Also bill to amend an act of 14th December, 1863, authorizing the Treasurer to issue certificates of indebtedness for certain Treasury notes, which was referred to the committee on the Judiciary.

        Also bill to be entitled an act to authorize Mary Edmondson, Administratrix of David Edmondson, late of


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Brooks county deceased, to settle with and pay off William A. Edmondson, one of the heirs at law of said estate, which was referred to the committee on the Judiciary.

        Also bill to be entitled an act for the relief of Tax Collectors from whom State and county funds have been taken by the public enemy, which was referred to the committee on the Judiciary.

        Also bill to be entitled an act to change the line between the counties of Pulaski and Telfair, which was referred to the committee on new counties and county lines.

        Also bill to be entitled an act to change the line between the counties of Merriwether and Coweta, so as to include the residence of B. P. Hill, in the latter county, which was referred to the committee on new counties and county lines.

        Also bill to be entitled an act to grant relief to the banks of this State, which was referred to the committee on Banks.

        Also bill to be entitled an act to relieve school teachers from militia service, which was referred to the committee on Military Affairs.

        Mr. West by permission, reported a bill to be entitled an act to limit the power of the Governor of this State, to keep in active service the militia, which was read the first time.

        Mr. West also reported the following resolution, to-wit:

        Resolved, That His Excellency the Governor, be requested to inform the Senate of the number of military organizations now in the service of the State, other than the militia under General Smith, and the regiments of State Line, when said organizations were accepted into service, the strength and term of service of such organizations, and under what law they were authorized and accepted, whether they have been paid, and out of what fund.

        Upon motion the same was taken up and adopted.

        The Senate took up the report of the committee upon the bill to be entitled an act to increase the per diem pay of teachers of children entitled to the benefit of the poor school fund in this State.

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

        The following bills were read the second time and referred to the committee on the Judiciary, to-wit:

        A bill to be entitled an act in relation to elections in this State.

        Also bill to be entitled an act to dispense with the recording of vouchers in the Courts of Ordinaries, and to regulate the manner of recording returns.

        Also bill to be entitled an act to provide for holding


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elections for counties that have been overrun by the enemy.

        Also bill to be entitled an act to increase the rank of the Commissary General and Quartermaster General of this State, which was referred to the committee on military affairs.

        Leave of absence was granted to Mr. Groover, on account of sickness.

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

        Mr. President:--The House of Representatives have passed the following bills, all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act, to so alter and amend the Code of Georgia, that the provisions of sections 4792, and 4793 shall apply to, and be of force in the city of Columbus, allowing judgment entered as in case of appeal.

        Also a bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State.

        Also a bill to be entitled an act to amend the one thousand seven hundred and fifty-second (1752) section of the Code of Georgia.

        Also a bill to be entitled an act to authorize Executors, Administrators and Guardians, in those counties overrun by the public enemy, to make their annual returns in any county in this State, to which they may remove, and for other purposes.

        Also a bill to be entitled an act for the relief of Habersham county.

        Also a bill to be entitled an act to exempt from taxation the property of all resident widows, who have sons in the Confederate or State service, and minors and soldiers in either the Confederate or State service of this State, from taxation, where the same does not exceed two thousand dollars in value on the first day of April in each year, and for other purposes.

        Also a bill to be entitled an act to amend an act to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance and Trust Company, passed 17th December, 1861, and to sanction its reorganization.

        Also a bill to be entitled an act for extending time for paying tax of D. H. B. Troup, and others similarly situated.

        Also a bill to be entitled an act to increase the compensation of Receivers of Tax Returns and Tax Collectors for the year 1865, and thereafter until altered by law.

        Mr. Walker rose to a question of privilege and asked to make the following statement:


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        "The resolutions which he offered on Friday the 25th inst., were not intended to be offered as a substitute for the original resolutions of the Senator from the 19th District, and the substitute offered by the Senator of the 2nd District, but were offered as his views upon the questions involved; and that he did not expect the Senate to take any action on them during his absence on business of the joint committee to visit Milledgeville, and asks that his statement may be entered on the journal of the Senate."

        The following bills from the House of Representatives, were read the first time, viz:

        A bill to be entitled an act to amend the laws of Habeas Corpus.

        Also a bill to be entitled an act to change the county line between the counties of Union and Fannin.

        Also a bill to be entitled an act to incorporate the Metropolitan Telegraph Company, and for other purposes therein mentioned.

        Also a bill to be entitled an act to amend the charter and corporate laws of the city of Milledgeville, as to the mode of electing Aldermen.

        Also a bill to be entitled an act to repeal the third clause of the one thousand two hundred and sixth section of the revised Code of Georgia, relative to the publication by the Board of Education.

        Also a bill to be entitled an act to amend the charter of the town of Sparta, in said State.

        Also a bill to be entitled an act to alter and amend the act incorporating the town of Fort Valley in the county of Houston, so as to invest the commissioners of said town with full power to regulate or prohibit the retail of spirituous liquors within the corporate limits of the same.

        Also, bill to be entitled an act for the relief of Habersham county.

        Also, bill to be entitled an act to increase the compensation of Receivers and Tax Collectors for the year 1865, and thereafter until altered by law.

        Also, bill to be entitled an act to authorize, Executors, Administrators and Guardians, in those counties overrun by the public enemy, to make their annual returns in any county in this State, to which they may remove, and for other purposes.

        Also, bill to be entitled an act to exempt from taxation the property of all resident widows who have sons in the Confederate or State service, and minors and soldiers, in either the Confederate or State service of this State from taxation, where the same does not exceed two thousand dollars in value on the first day of April, in each year, and for other purposes.


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        Also, bill to be entitled an act to so alter and amend the Code of Georgia that the provisions of sections 4792 and 4793, shall apply to, and be of force in the city of Columbus, allowing judgment to be entered as in cases of appeal.

        Also, bill to be entitled an act for extending the time for paying the tax of D. H. B. Troup, and others similarly situated.

        Also, bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State.

        Also, bill to be entitled an act to amend an act to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance and Trust Company, passed Dec. 17th, 1861, and to sanction its reorganization.

        Also, bill to be entitled an act to amend the one thousand seven hundred and fifty-second (1752) section of the Code of Georgia.

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

WEDNESDAY MORNING, MARCH, THE 1ST, 1865.

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

        Mr. Polk from the joint committee to examine into the condition of the Penitentiary, and report thereon, begs leave to submit the following:

        Mr. President:--The committee appointed by a joint resolution of the General Assembly of the State of Georgia to examine the Penitentiary and report upon the policy of rebuilding or abolishing the Penitentiary, beg leave to make the following report:

        There are confined in the Penitentiary, and convicted ready to be sent twenty convicts, and for the proper employment of these as well as those who may hereafter be convicted under the present law, it will be necessary to repair the cell building, the wood shop building, the Blacksmith shop, the Tanyard building, and the Barracks. The outside walls of the Penitentiary, as well as those of all the other buildings mentioned above are uninjured except the north side of the wood shop building, which has fallen down; about the fourth of the roof on the Tanyard building has been replaced. The walls and cells in the cell building are without injury. It will require an expenditure of ten ($10,000) thousand dollars, to put on the roof and the floroing in the passarges where it is burnt. It will take ten ($10,000) thousand dollars to repair the wood shop. It will


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take four ($4,000) thousand dollars to repair the Blacksmith shop. The walls of the Barracks are good and it will cost three ($3,000) thousand dollars to put on a roof and furnish window faceings and shutters. It will require fifteen ($1,500) hundred dollars to finish repairs on the Tanyard building. The committee recommend the repairing of said buildings, which will probably answer all the wants of the Penitentiary for the present, and for the next two years. The engine can be repaired in two weeks by two workmen and will probably cost one ($1,000) thousand dollars for that purpose and repairing engine house. The committee are glad to be able to report that the card machine material &c., were safely removed and will soon be ready to be put to work in the-- room building. The Tanyard is in successful operation, and the present able and energetic Principal Keeper, hopes to be able from its successful management, to pay the expenses of the institution and pay off the debts contracted for supplies which were destroyed. When the repairs have been made herein recommended, it is thought it will fully supply all the necessities of the Penitentiary for the next two years.

        The committee further recommend that the Governor be authorized to dispose of all the iron, steel, brick and surplus articles appertaining to the Penitentiary and not at this time needed for repairs, at public or private sale, and apply the proceeds of said sale towards the repairing of the institution.

        The committee further report that they have examined into the condition of the State armory, and find on hand sixty-five thousand pounds of bar iron and a large lot of tools and files in good condition. They further find that a portion of the machinery has been so much damaged by burning as to render it unfit for use without replacing many parts of it with new machinery, and great outlay of expense. There is however a portion of the machinery which was not damaged, except some breakage in its removal from the Penitentiary and can be put in working order for the repairs of arms, and the committee would recommend that the same be put in working order for the repairs of arms, and the committee would recommend that the same be put into operation and continued at present for the repair of arms, and not the construction of them. The committee after having fully looked into the condition of the institution, number of convicts now confined in there (fifteen) and others sentenced, but not received (five,) and the stock of material on hand in the Tanyard and other branches of mechanical labor, formerlly carried on there and the sum neeessary to be expended in the repairs of the cell building, work shop and engine, would recommend that the institution be continued until further considerations and


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circumstances may dictate a change in our policy of punishment for crime.

        The committee also, report the following resolutions:

        Resolved, That his Excellency the Governor be and he is hereby authorized to sell at public auction or in such other way as will in his judgment be for the best interest of the State, all the surplus bricks and scrap iron and other material in the Penitentiary belonging to the State and to use the money received in payment, in making such redairs as may be necessary to afford accommodations and work shops for the convicts now in said Penitentiary, and such as may be hereafter received under sentence of any of the Superior courts of this State.

        Resolved, That the repairs and improvements herein recommended and such other as the Governor may hereafter find necessary for the successful operation of the Penitentiary be made, and that the abolishment of the Penitentiary system be left to the sound discretion and wisdom of future Legislatures.

JAMES POLK,
Chairman of the Senate
Committee.


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

        Mr. President:--I am directed by the Governor, to deliver to the Senate, a communication in response to a resolution relative to certain State military organizations.

        On motion the message of the Governor, was taken up and read as follows:

EXECUTIVE DEPARTMENT,
Macon, March 1st, 1865.

To the Senate:

        To your resolution of inquiry, I respond that a company of Artillery, known as "Pruden's Battery," and one small company of Infantry, were detached from the militia under General Smith's command and used for a time, in connection with the battalion of Cadets, as a guard for the Capital. They were called out under the same act of the Legislature, under which the other militia were summoned to the field, and placed under command of Maj. F. W. Capers. Upon the approach of the enemy, they were ordered from the Capital to Gordon by request of Maj. General Cobb, and fell back thence to Oconee Bridge, which with the ferry below, was gallantly defended by them in connection with Talbot's Scouts. From the bridge, they fell back till they reached Savannah, and were again united with General Smith's Division. They expected pay as other militia men.


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        Talbot's Scouts are a company of mounted men detached from the State Line, to discharge the duty of scouts. They are part of the State Line--are an excellent, spirited company, and have distinguished themselves in the campaign,--first under their late lamented leader Capt. F. M. Corran, who fell wounded by the enemy, and died in their hospital, and since, under their present gallant leader, Capt. Talbot. It is expected that this company, which is paid with the State Line, and the Artillery and Infantry company above mentioned, with the Cadets, will be used in future, when not more needed elswhere, as a guard for the Capital, against raids of the enemy.

        The regiment of Troup county militia, were at the request of General Johnston, placed at the bridge at West Point, where they have remained under the command of a Confederate officer, to whom they report.

        Major Glenn's squadron of mounted militia, were ordered out, and have been on duty at Atlanta. Several other organizations of militia, in the Cherokee country, were called out in the rear of the enemy, at the request of General Hood, in August. Since the enemy left Atlanta, they have been ordered to report to Maj. General Cobb, and are now reporting to that gallant officer, Brigadier General Wm. T. Wofford.

        All these organizations are for the time under the command of Confederate Generals, and are expected to be paid by the Confederate Government. I regret however to learn that they do not receive their pay.

JOSEPH E. BROWN.


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

        Mr. President:--The House of Representatives, respectfully request the Senate to return to the House of Representatives, a bill of the House, transmitted to yesterday, entitled "an act to exempt from taxation the property of all resident widows, minors, and soldiers, in the Confederate or State service of this State where the same does not exceed two thousand dollars, and for other purposes."

        On motion the same was granted and the bill returned as requested.

        Mr. Watkins Chairman of the committee on Finance, made the following report.

        Mr. President:--The committee on Finance to whom was referred a bill to be entitled an act for the relief of Eatonton Manufacturing Company, have had the snme under consideration and report it back to the Senate without recommendation.

E. P. WATKINS,
Chairman.

R. B. KNIGHT,
Secretary.



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        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary, to which were referred sundry bills, have had the same under consideration and direct me to report as follows:

        A bill to be entitled an act to dispense with the recording of vouchers in the courts of Ordinary, and to regulate the manner of recording returns, which they recommend do not pass.

        Also, a bill of the House to be entitled an act to authorize Mary Edmondson administratrix, of David Edmondson, late of Brooks county deceased, to settle with and pay off William A. Edmondson, one of the heirs at law of said estate which they recommend do not pass.

        Also, bill of the House, to be entitled an act to repeal section two thousand five hundred and sixty two (2562) of the revised code of Georgia, which they recommend do not pass.

        Also, a bill to be entitled an act to authorize the Judges of the Superior courts of this State, to convene special terms of the Superior courts, for the purpose of jail delivery and the trial of criminal cases, which they amend by adding two additional sections, and as amended, recommend its passage.

W. L. GRICE,
Chairman pro tem.


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

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

        A resolution relative to the exportations and importations authorized by the Legislature of the State of Georgia.

        The House of Representatives have passed the following bills, all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to authorize the Ordinaries of this State to take probate of all wills heretofore made, having but two subscribing witnesses, and for other purposes.

        Also, a bill to be entitled an act for the pardon of Terry L. Cox, who is now confined in the Penitentiary.

        Also, a bill to be entitled an act to amend section four thousand two hundred and twenty, (4220,) of the Code of Georgia.

        Also, a bill to be entitled an act to authorize and require the re-recording of deeds mortgages and instruments, that have been heretofore recorded, and when the record of the


Page 82

same has been burned or destroyed, and to authorize the recording of deeds, mortgages and other instruments in counties in this State, which have been or may hereafter be occupied by the public enemy, and for other purposes.

        Also, a bill to be entitled an act to allow heads of families or their representatives, to distill certain quantities of spirituous liquors in this State.

        The Senate took up the report of the committee upon the bill to be entitled an act to extend the time for returns for elections in the army.

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

        The Senate also took up the report of the committee upon the bill to be entitled an act, to authorize the Judges of the Superior courts of this State to hold sessions of said courts at places in the counties other than the county sites, where public necessity and convenience may require.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to compel keepers of Inns, Hotels and other places of public entertainment for travelers, to give receipts or checks for the baggage of their guests in certain cases, and to make penal a refusal so to do.

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

        The Senate took up the report of the committee upon the bill of the House of Representatives, to be entitled an act to relieve tax payers from State and County taxes for the year 1864, in certain cases.

        Mr. Bacon offered the following amendment to the third section, "provided further that in cases where the property holders have lost by the casualties of the war, all property except their land, and where said land must be sold in order to pay the taxes, and the payment of said taxes for the year 1864, be suspended for one year," which was lost.

        Mr. Gaulden offered the following amendment, which was rejected, "the greater portion of their property, and where the party will swear that he is unable to pay the tax without selling the property left."

        Mr. Pottle offered the following amendment, which was agreed to, after the word "oath" in the third section insert the words "or other proof."

        Mr. Spear moved to amend by adding a repealing clause, which was agreed to.

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

        The Senate took up the report of the committee upon


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the bill to be entitled an act to authorize the impressment of private property for public use, on payment of just compensation.

        Mr. McCutchen offered the following amendment to the first section, "provided that no impressment be made of any property belonging to the Confederate Government," which was withdrawn.

        Mr. Pottle offered the following, as an amendment to the the amendment, "or on which the Confederate Government has a lien or claim," which was withdrawn.

        On motion adjourned until 3 o'clock P. M.

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        On motion the regular order was suspended.

        The Senate took up the report of the committee upon the bill to be entitled an act to release and exempt, the counties of Polk and Paulding and other counties similarly situatdo, from the payment of State taxes for the year 1864.

        On motion the bill was indefinitely postponed.

        The Senate took up the report of the committee upon the bill to be entitled an act to amend "an act, approved December 18th, 1864, for the relief of tax payers on property lost, destroyed or rendered valueless by the enemy."

        On motion the same was indefinitely postponed.

        The Senate took up the report of the committee upon the bill to be entitled an act, to relieve certain counties in this State from paying tax for the year 1864.

        On motion the same was indefinitely postponed.

        The Senate took up the report of the committee upon the bill to be entitled an act to relieve certain citizens of this State, who are unable to pay their tax upon property taken or destroyed by the public enemy.

        On motion the same was indefinitely postponed.

        The unfinished business of the morning session was resumed.

        Mr. Walker offered the following amendment to the second section, which was adopted: "Nor shall any property in the possession of any officer or agent of the Confederate Government be disturbed or taken under this act."

        Mr. Spear offered the following amendment, which was adopted, provided "that there shall be exempt from impressment


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under this act in the hands of each detailed or agricultural exempt, such quantities of bacon and beef, as such detailed or agricultural exempts may be under bond to deliver to the government of the Confederate States.

        The report as amended was agreed to, the bill was read the third time and put on its passage, upon which, the yeas and nays were ordered, and resulted as follows.

        Yeas 16, nays 10; so the bill was passed.

        Those voting in the affirmative are Messrs.

        Griffin, Hammond, Hubbard, Mabry, McCutchen, McDonald, Pate, Pafford, Polk, Pottle, Spear, Underwood, Walker, Walton, Whitaker, and White.

        Those who voted in the negative are Messrs.

        Bacon, Baker, Bennett, Chambers, Ezzard, Grice, Ledford, Ramsay, Sprayberry and West.

        Mr. Ramsay, Chairman of the committee on military affairs made the following report:

        Mr. President:--The committee on military affairs, to whom was referred "a bill to be entitled an act to increase the rank of the Commissary General and Quartermaster General of the State of Georgia;" having had the same under consideration, have directed me to report that the committee recommend that the caption of the bill be amended by inserting after the word "rank," the words "and pay," and in the first section by inserting after the word "rank," the words "and pay," and with these amendments they recommend that the bill do pass.

JAMES N. RAMSAY,
Chairman.


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

        Mr. President:--I am directed by the Governor to deliver to the Senate a message in writing, in responce to the call upon him for a copy of the correspondence between himself and the Secretary of War, growing out of the requisition for the reserve militia of the State.

        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to whom were referred sundry bills, have had the same under consideration and direct me to make the following report:

        A bill to be entitled an act to change the rule of evidence so as to allow writings executed after the begining of the present war to be explained in a certain particular by parol evidence or surrounding circumstances, which they reccommend do pass.


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        Also, a bill from the house to be entitled an act to amend an act of the fourteenth of December eighteen hundred and sixty three, authorizing the Treasurer to issue certificates of deposites for certain Treasury notes, which they recommend do pass.

        Also, a bill from the House, to be entitled an act for the relief of Tax Collectors, from whom State and county funds, have been taken by the public enemy, which they amend and recommend its passage.

W. L. GRICE,
Chairman pro tem.


        The Senate took up the report of the committee upon the bill to be entitled an act to increase the rank of the Commissary General and Quartermaster General of this State.

        The report was agreed to, the bill was read the 3rd time and passed.

        Upon motion the message of the Governor, was taken up and read, and is as follows:

EXECUTIVE DEPARTMENT,
Macon, Ga., March, 1st, 1865.

To the Senate:

        I herewith transmit a copy of the correspondence between myself and the Secretary of War, growing out of a requisition made by the President upon me to turn over to his control the reserve militia of the State.

JOSEPH E. BROWN.


        Upon motion, fifty copies of the correspondence between the Governor and the Secretary of War, in relation to a requisition for the reserve militia of the State, were ordered to be printed for the use of the Senate.

        The following bill was read the second time and referred to the committee on military affairs to-wit:

        A bill to be entitled an act to limit the power of the Governor, of this State, to keep in active service, the militia.

        Mr. Bacon from the committee on enrollment, reports as duly enroiled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate--the following act to-wit:

        An act to alter and amend the charter of the Central Rail Road and Banking Company of Georgia; to provide for the election of Directors of said company and a President thereof for the present year, to change and establish the principal office of said Company; to fix the number of Directors necessary for a quorum to transact business, and for other purposes relating to said company.


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        The following bills from the House of Representatives, were severally read the second time and referred as follows--to-wit:

        A bill to be entitled an act to change the line between the counties of Union and Fannin.

        Also, bill to be entitled an act to incorporate the Metroplitan Telegraph Company, and for others purposes.

        Also, bill to be entitled an act to amend the charter and corporate laws of the city of Milledgeville as to the mode of electing Aldermen.

        Also, bill to be entitled an act to amend the 1752d section of the Code of Georgia, which was referred to the committee on the Judiciary.

        Also, bill to be entitled an act for the relief of Habersham county.

        Also, bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State.

        Also, bill to be entitled an act to amend the charter of the town of Sparta, in this State.

        Also, bill to be entitled an act to so alter and amend the Code of Georgia, that the provisions of sections 4792 and 4793, shall apply to, and be of force in the city of Columbus, allowing judgments to be entered as in cases of appeal.

        Also, bill to be entitled an act to extend the time of paying the tax of D. H. B. Troup and others similary situated.

        Also, bill to be entitled an act to increase the compensation of Tax Receivers and Collectors, for the year 1865, and thereafter until altered by law, which was referred to the committee on Finance.

        Also, bill to be entitled an act to authorize Executors, Administrators and Guardians in those counties overrun by the public enemy, to make their annual returns in any county to which they may remove, and for other purposes, which was referred to the committee on the Judiciary.

        Also, bill to be entitled an act to amend the laws of Habeas Corpus, which was referred to the committee on the Judiciary.

        Also, bill to be entitled an act to alter and amend the act incorporating the town of Fort Valley, in the county of Houston, so as to invest the commissioners with full power to regulate or prohibit the retail of spirituous liquors within the corporate limits of the same.

        Also, bill to be entitled an act to amend an act entitled an act to incorporate an Insurance Company in the city of Savannah to be called the Southern Insurance and Trust Company, passed December 17th, 1861, and to sanction its re-organization.

        Also, bill to be entitled an act to repeal the third clause


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of the 1206th section of the revised Code of Georgia, relative to the publication by Boards of Education.

        The following bills of the House of Representatives were severally read the first time, to-wit:

        A bill to be entitled an act for the pardon of Terry L. Cox, who is now confined in the Penitentiary.

        Also, bill to be entitled an act to amend section 4220 of the Code of Georgia.

        Also, bill to be entitled an act to authorize the Ordinaries of this State to take probate of all wills heretofore made having but two subscribing witnesses and for other purposes.

        Also, bill to be entitled an act to authorize and require the recording of deeds, mortgages and other instruments, that have heretofore been recorded, and when the record of the same has been burned or destroyed, and to authorize the recording of deeds, mortgages and other instruments in this State, which have been or may hereafter be occupied by the public enemy, and for other purposes.

        Also, bill to be entitled an act to allow heads of families or their representatives to distil a certain quantity of spirituous liquors in this State.

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

THURSDAY, MARCH 2ND, 1865.

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

        Mr. West moved to reconsider the bill to be entitled an act to authorize the impressment of private property for public use, on payment of just compensation, which was lost.

        Mr. Nisbet moved to suspend the rules, which was agreed to, to take up the bill to be entitled an act for the relief of the Eatonton Manufacturing Company, for which a substitute was reported.

        Mr. McCutchen offered the following amendment:

        Provided, That the measure of wear or tear shall be the amount actually paid and expended for repairs, but the expense of purchasing new machinery, shall in no case be included as the expense of repairs.

        Upon motion the bill and amendment were referred to the committee on the Judiciary.


Page 88

        Mr. Pottle reported the following bills, which were read the first time, to-wit:

        A bill to be entitled an act to extend the civil jurisdiction of the city of Augusta, to abolish the Tax or Court fee, and to make the fees of officers of that Court the same as in the Superior Courts of this State.

        Also, a bill to be entitled an act to declare of full force all the laws of this State, which were of force when the Code went into operation, and which were not repealed by the Code or any subsequent legislation.

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

        Mr. President:--The House of Representatives have passed the following bill, to-wit:

        A bill to be entitled an act to amend an act to incorporate an Insurance company, called the Home Insurance company, approved 7th December 1863, and to sanction its re-organization.

        Also, the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        A resolution relative to repairs, &c., on the State Penitentiary.

        Also, a resolution relative to the pay of Members and officers of the General Assembly.

        Also, a resolution relative to the apportionment of the school fund of 1864.

        The Senate took up the report of the committee upon the bill to be entitled an act to relieve the Lawrenceville Manufacturing company, of Gwinnett county, from the general tax of 1864.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to dispense with the recording of vouchers in the Courts of Ordinary, and to regulate the manner of recording returns.

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

        Mr. White moved to suspend the rules to take up a resolution from the House of Representatives in relation to the per diem pay of Members and officers of this General Assembly, which prevailed.

        The resolution was taken up and upon the motion to concur, the yeas and nays were ordered, and resulted as follows--yeas 11, nays 15; so the motion was lost.

        Those who voted in the affirmative are Messrs.

        Anthony, Baker, Bennett, Ledford, McDonald, Pafford, Polk, Pottle, Price, Ramsay, Spear.


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        Those who voted in the negative are Messrs.

        Bacon, Chambers, Ezzard, Grice, Groover, Hammond, Hubbard, Mabry, MuCutchen, Sprayberry, Underwood, Walker, Watkins, Whitaker, White.

        Mr. Ramsay Chairman of the committee on Military Affairs, made the following report:

        Mr. President:--The committee on Military Affairs to whom were referred for their consideration sundry bills having had the same under consideration, have directed me to report as follows:

        A bill to be entitled an act to limit the power of the Governor of this State to keep in active service the Militia, which the committee have amended by inserting a proviso, to come in at the end of the first section, in these words:

        "Provided that the public interest and safety of the State may not imperiously require said Militia to be kept longer in service", and with this amendment they recommend that the bill do pass.

        Also, a bill to be entitled an act to exempt certain school teachers from Militia service; and a bill to be entitled an act to exempt certain persons from Militia service, in lieu of both of which, the committee have substituted, a bill to be entitled an act to exempt certain persons from Militia service, which they recommend do pass.

JAMES N. RAMSAY, Chairman.


        The Senate took up the report of the committee upon the bill to be entitled an act to authorize the Judges of the Superior Courts of this State, to convene special terms of the Superior Courts for the purposes of jail delivery, or the trial of criminal cases, for which a substitute was offered by the committee.

        The report was agreed to, the bill was read the third time and passed, and ordered to be transmitted forthwith to the House of Representatives.

        Mr. Polk from the joint committee upon the Penitentiary, submitted the following report of the master armorer, which was read, and is as follows:

To the Committee on State Armory and Penitentiary,

        GENTLEMEN:--Agreeably to your request, I offer the following hastily prepared report of the condition of the machinery and materials of the State Armory, together with rough estimates or supposed cost of repairs, amounts and value of material on hand, suggestions, &c: A short time only was allowed me for its preparation, but it is believed that a more thorough examination would scarcely disclose any very great differences or alter materially my estimates. In the machine department proper, the lathes, drills, presses,


Page 90

planes, and gear cutter, were not burned but broken, yet in a condition to be repaired, with slight cost, in proportion to their actual value. Of the machinery directly in use upon the gun, there is scarcely any of it that could be made useful. Milling, rifling, barrel-boring, and drilling machines were badly burned and broken. A large portion of the main-line and some counter-shafting was saved in order. Many of the most important small tools of the machine shops and Armory, together with several complete setts of gun-stockers, tools, components of the gun finished and unfinished, materials, &c., were saved, and would be useful, in the event of the establishment of an ordance repair shop. In the Smiths department, the tilt, hammer, frames, were destroyed. The irons were unharmed. The fan can be repaired at a cost not exceeding $250.00. Anvils, some ten or twelve in number, together with tongs, sledges, hammers, setts, and component forging tools, generally in good order. The foundry was not burned, and with the exception of the loss of a few patterns in perfect condition. The engine and boiler though badly burned I think could be put in thorough order, and housed at a cost not exceeding $1000 or $1200. At present we have on hand and in order about 60,000 or 70,000 pounds of bar-iron assorted sizes. Of new cast steel about 250 weight; of files present value, about $50,000 worth; of bench vises, about 70, 60 in order, nearly new. Saved paper and emory cloth, about one dozen reams; together with carpenters tools, copper, brass lead, zinc, tin, &c., unnecessary to report useful and valuable. Of cast iron, scraps useful only at the Foundry, estimated weight 300,000 pounds. Wrought scraps say 20,000 pounds of gum and leather belting in order. I would suppose 2,500 feet of widths, varying from 1 to 12 inches. I would respectfully suggest the collection and sale of all the condemned cast and wrought scraps. The proceeds to be applied or added to any appropriation of, say $150,000, for the erection of a suitable building, (and repairs of such machinery as may be necessary,) for the repairs of State arms, and ordnance generally. In my humble judgment, such an establishment would be, not only useful, but actually necessary. I would farther suggest that there ought to be no connectton whatever, with the Penitentiary. The past has furnished sufficient evidence of the incalculable injury, the State Armory has sustained by its introduction within the walls of that institution. A substantial one strong frame, fifty by eighty or a hundred feet, would answer a very excellent purpose.

Respectfully submitted,

W B. WERNWAG,

Master Armorer.
Milledgeville, Geo., Feb'y 28, 1865.

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

3 O'CLOOK, P. M.

        The Senate met pursuant to adjournment.

        The special order for this hour, being the resolutions in relation to the policy of conscription, was taken up, and on motion, was referred to the committee on Military affairs.

        The Senate took up the report of the Committee upon the bill to be entitled an act to increase the compensation of Receivers of Tax Returns and Tax-Collectors, for the year 1865, and thereafter, until altered by law.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to limit the Tax to be imposed upon the citizens and Tax-Payers of the city of Marietta, in said State.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to change the line between the counties of Wayne and Pierce.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal an act entitled an act to alter and change the oath of Tax-payers in this State, assented to December 14, 1863.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal section 2562d of the Code of Georgia.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to authorize Allen M. Walker, a minor, to receive his estate, from his guardian, and for other purposes.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the laws of Habeas Corpus in this State.


Page 92

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

        The Senate took up the report of the committee upon the bill of the same title of the foregoing. The same was on motion indefinitely postponed.

        The Senate took up the report of the committee upon the bill to be entitled an act to legalize the election of commissioners for the town of Madison.

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

        The Senate took up the report of the committee upon the bill to be entitled an act for extending the time for paying Tax of D. H. B. Troup, and others similarly situated.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to legalize Administrations made under letters granted from wrong counties in certain cases.

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

        The Senate took up the report of the committee on the bill to be entitled an act to authorize Mary Edmondson, Administratrix of David Edmondson, late of Brooks county deceased, to settle with and pay off Wm. A. Edmondson, one of the heirs at law of said estate.

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

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of B. McIntosh of Brooks county, and others similarly situated.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the 1752nd section of the Code of Georgia.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to change the line between the counties of Chattahoochee and Stewart; to which Mr. Pottle offered the following amendment, as an additional section, which was agreed to:


Page 93

        And be it further enacted. That the county line between Glasscock and Warren be changed so as to include the residence and premises of Samuel Hart, in Warren county.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to incorporate the Metropolitan Telegraph company, and for other purposes.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to authorize Executors, Administrators and Guardians, in those counties overrun by the public enemy, to make their annual returns in any county in this State, to which they may remove, and for other purposes.

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

        The Senate took up the report of the committee upon the bill to be entitled an act, to add the county of Worth to the South-Western Judicial circuit, and to change the times of holding the Superior Courts of said county: from and after the passage of this act, the county of Worth shall be, and the same is hereby added to the South-Western Judicial circuit.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to exempt school-teachers, &c., from Militia service in this State, for which a substitute was reported.

        Mr. Nisbet moved to amend by inserting "Physicians", which was agreed to.

        Mr. Pottle moved to amend by inserting "County Surveyors", which was agreed to.

        On motion the bill and amendments were laid on the table for the present.

        The Senate took up the report of the committee upon the bill to be entitled an act for the pardon of Terry L. Cox, who is now confined in the Penitentiary.

        On motion the same was referred to a select committee of five, composed of Messrs. Price, Walker, Sprayberry, Grice and Chambers.

        Mr. Price, from the committee on Banks, made the following report:


Page 94

        Mr. President:--The committee on Banks, to which was referred a bill to be entitled an act to grant relief to the Banks of this State, have had the same under consideration and direct me to report in lieu thereof, a substitute, which is a bill to be entitled an act to continue in force the 4th section of an act passed over the Governor's veto on the 30th day of November 1860, entitled an act to provide against the forfeiture of the several Bank charters of this State, on account of non-specie payment for a given time, and for other purposes, passed in the year 1857, and to suspend the pains and penalties imposed upon the several Banks and their officers, in this State, for non-specie payment, and for other purposes; and also, an act to add a proviso to the 4th section of an act to grant relief to the people and Banks of this State, and for other purposes, passed on the 30th November 1860, and to add an additional section thereto, &c., which they recommend do pass as amended.

        Mr. Price from the select committee, to which was referred a bill to be entitled an act for the pardon of Terry L. Cox, who is now confined in the Penitentiary, reported that they have had the same under consideration, and recommend that it do not pass.

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

        Mr. President:--The House of Representatives have concurred in the amendment of the Senate to the House bill entitled an act to increase the per diem pay of Teachers entitled to the benefit of the poor school fund of this State.

        Also, in the amendments of the bill of the House, entitled an act to relieve Tax-Payers from State and County Taxes for the year 1864, in certain cases.

        Mr. Watkins, Chairman of the Finance committee, made the following report:

        Mr. President:--The committee to whom was referred a bill to be entitled an act to fix the per diem pay of Members of the General Assembly of this State, have had the same under consideration, and report the bill back with a substitute, which they recommend do pass.

        Also a bill to be entitled an act to increase the compensation of Receivers of Tax-Returns and Tax-Collectors, for the year 1865, and thereafter, until altered by law, and recommend it do pass.

E. P. WATKINS, Chairman.


        Mr. Grice, from the committee on the Judiciary, made the following report:


Page 95

        Mr. President:--The committee on the Judiciary, to which were referred sundry bills, have had the same under consideration, and direct me to report as follows, to-wit:

        A bill to be entitled an act to amend the laws in relation to Habeas Corpus, which they amend by striking out the word "five" wherever it occurs in said bill, and insert in lieu thereof, the word "fifteen". The committee further amend by adding an additional section to the same, and as amended recommend its passage.

        Also, a bill with the same title and upon the same subject, which they recommend be indefinitely postponed.

        Also, a bill to be entitled an act to authorize Executors, Administrators and Guardians, in those counties overrun by the public enemy, to make their annual returns, in any county in this State, to which they may remove, and for other purposes, which the committee amends by adding the following proviso to the last section of the bill, to-wit:

        Provided, that said Executors, Administrators and Guardians, shall be required to have a transcript of the returns thus made, recorded in the county where Administration or Guardianship were granted, whenever the courts of the same have been re-opened, but when such transcript has not been filed, as above required, such returns shall not be received as evidence in favor of any Executor, Administrator or Guardian, and as amended recommend its passage.

        Also, a bill to be entitled an act to amend the 1752nd section of the Code of Georgia, which they recommend do pass.

        Also, a bill to be entitled an act requiring the public archives of this State, and the books, papers and records, appertaining or attached to the public offices of this State, now at Milledgeville, to be removed to the City of Macon, and for other purposes, for which they report a substitute, which is a resolution authorizing the Governor to have the archives and public records of the State, removed from the Capitol in certain cases, which they recommend be adopted.

W. L. GRICE, Chairman pro tem.


        The Senate took up the report of the committee upon the bill from the House of Representatives, to be entitled an act to amend an act to incorporate an Insurance company in the City of Savannah, to be called the Southern Insurance and Trust company, passed Dec'r 17, 1861, and to sanction its re-organization.

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

        Mr. Sprayberry asked leave to record his vote upon the resolution in relation to the per diem pay of Members of this General Assembly, which was granted.


Page 96

        On motion leave of absence was granted to Mr. Bennett of the third District, after to-morrow, for the balance of the Session.

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

        A bill to be entitled an act to allow heads of families or their representatives to distil certain quantities of spirituous liquors in this State.

        Also, a bill to be entitled an act to authorize the Ordinaries of this State to take probate of wills, heretofore made, having but two witnesses, and for other purposes.

        Also, a bill to be entitled an act to authorize and require the recording of deeds, mortgages, and other instruments, that have been recorded, and where the record of the same has been burned or destroyed, and to authorize the re-recording of deeds and mortgages, and other instruments, in counties in this State, which have been or may hereafter be occupied by the public enemy, and for other purposes.

        Also, a bill to be entitled an act to amend an act to incorporate an Insurance company, called the Home Insurance, approved Dec'r 1863, and to sanction its re-organization, which was read the first time.

        Also, a bill to be entitled an act to amend section 4220 of the Code of Georgia, which was read the first time.

        Also, a bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State.

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

FRIDAY MORNING,
March 3d, 1865.

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

        Mr. Gaulden moved to reconsider the resolution, in relation to the per diem pay of members of this General Assembly--which was agreed to.

        Mr. Ramsay moved to reconsider the bill to be entitled an act, to amend the laws of this State, in relation to Habeas Corpus--upon which the yeas and nays were ordered and resulted as follows--Yeas 17, Nays 16.

        Those voting in the affirmative are Messrs:

        Bacon, Bennett, Chambers, Grice, Hammond, McCutchen, Nisbet, Price, Ramsay, Spear, Sprayberry, Walker, Walton, Watkins, West, White.


Page 97

        Those voting in the negative are Messrs:

        Anthony, Baker, Ezzard, Gaulden, Griffin, Groover, Hubbard, Ledford, Mabry, McDonald, Pate, Pafford, Polk, Pottle, Underwood, Whitaker.

        Mr. Chambers moved to reconsider the bill, to be entitled an act, for extending the time for paying tax of D. H. B. Troup and others, similarly situated--which was agreed to.

        Leave of absence was granted after to-morrow, for the balance of the Session, to Mr. McDonald of the 6th District.

        Upon motion the bill to amend the laws of this State, in relation to Habeas Corpus, was taken up, and referred to the Committee on the Judiciary.

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

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

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

        Mr. President: The House of Representatives, have passed the following bills--all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act, to allow non-residents of this State, to act as Executors or Co-Executors of Wills of Testators, or Administrators of Estates in certain cases.

        Also, a bill to be entitled an act, to protect persons who are liable on bonds, for the appearance of criminals, to answer for crimes and to authorize and require the Judges of the Superior courts to continue cases where the persons charged with crime are in the military service of the country.

        On motion, the resolution in relation to the per diem pay of members of this General Assembly, was taken up.

        Mr. Whitaker moved to refer to the committee on the Judiciary, which was lost, upon the concurrence in the resolution the yeas and nays were ordered and resulted as follows:

        Yeas 17, nays 16; so the resolution was concurred in.

        Those who voted in the affirmative are Messrs:

        Anthony, Baker, Bennett, Ezzard, Gaulden, Griffin, Ledford, McDonald, Nisbet, Pafford, Polk, Pottle, Price, Ramsay, Spear, Walton, White.

        Those who voted in the negative are Messrs.

        Chambers, Grice, Groover, Hubbard, Mabry, McCutchen, Pate, Walker, Watkins, West, Whitaker.

        Upon motion the Senate adjourned until 3 o'clock P. M.


Page 98

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        And the following bill was taken up and read the second time, to-wit.

        A bill to be entitled an act to extend the civil jurisdiction of the city of Augusta, to abolish the tax or court fee, and to make the fees of the officers of that court, the same as in the Superior courts of this State.

        The Senate took up the report of the committee upon the bill to be entitled an act to fix the compensation of the members of the next General Assembly.

        On motion, the same was indefinitely postponed.

        The following bill was read the second time and referred to the committee on the Judiciary, to-wit:

        A bill to be entitled an act to declare of full force, all the laws of this State, which were of force when the Code went into operation, and which were not repealed by the Code or any subsequent legislation.

        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to which were referred sundry bills, have had the same under consideration and direct me to report as follows, to-wit:

        A bill to be entitled an act to authorize the Ordinaries of this State to take probate of all wills heretofore made having but two subscribing witnesses, and for other purposes, which they recommend do not pass.

        Also, a bill to be entitled an act to allow heads of families or their representatives to distil certain quantities of spirituous liquors in this State, which they recommend do not pass, but in lieu of which they report a substitute without recommendation as to its passage.

        Also, a bill to be entitled an act for the relief of certain persons elected to civil offices in this State, which they amend by striking out the proviso in said act and inserting the following in its place, provided "said person shall appear and take the oath of office within three months after his election," and provided further that this act shall not vacate any office which would not be vacated under existing laws by the failure of the person to appear and take the oath of office as provided by law, and as amended, recommend its passage.

W. L. GRICE,
Chairman, pro tem.


        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:


Page 99

        An act to increase the per diem pay of Teachers entitled to the benefit of the poor School fund of this State.

        Also, an act to relieve tax payers from State and county taxes for the year 1864, in certain cases.

        The following communication from His Excellency the Governor, was read and referred to the committee on Finance:

EXECUTIVE DEPARTMENT,
Macon, March 3rd, 1865.

To the General Assnmbly:

        I am informed that the Government of the United States, will permit cotton to be shipped through the blockade, to be sold North and the proceeds applied to the relief of our suffering prisoners confined in their prisons. I also learn, that other States have taken action in this matter for the relief of their suffering sons.

        None have done their duty more faithfully than the Georgia troops, and while we provide for the wants of those under arms and their families, we should not forget those who languish in foreign confinement. I, therefore, recommend an appropriation sufficient to purchase one thousand bales of cotton to be shipped to New York and sold, and the proceeds applied to their relief. And I further recommend that the Governor be authorized to appoint a proper agent to go to New York, and see to the sale of the cotton and the proper application of the fund.

JOSEPH E. BROWN


        The Senate took up the report of the committee upon the bill to be entitled an act, for the relief of the Eatonton Manufacturing Company, for which a substitute was reported by the committee on the Judiciary, which is a bill to be entitled an act explanatory of the income tax act, approved April 18th, 1863.

        Mr. Spear moved to lay the bill upon the table for the present, which was agreed to.

        By permission, Mr. Bacon reported a bill to be entitled an act to make the taxes on lands which are rented out in this State for agriculture, returnable and payable in the county where the land lies, which was read the first time.

        The Senate took up the report of the committee upon the bill to be entitled an act, to extend the time for paying the tax of D. H. B. Troup, and others similarly situated.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to change the line between the counties of Pulaski and Telfair.


Page 100

        The report was agreed to, the bill was read the 3rd time and passed.

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal "an act to change the line between the counties of Marion and Taylor, and the lines between the counties of Heard and Coweta," assented to December 27th, 1857, so far as relates to the counties of Heard and Coweta.

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

        The Senate took up the report of the committee upon the resolution relative to repairs &c., on the State Penitentiary.

        The report was aorged to, and the resolution was concurred in.

        Mr. Chambers by permission reported the following resolution, to-wit:

        Resolved by the General Assembly, That the compiler of the acts passed at this session be required to annex a full memorandum to the compilation, showing the changes made in the revised Code of Georgia, by any acts passed by any subsequent Legislature, since the adoption of the Code.

        Upon motion the same was taken up and adopted.

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of Habersham county.

        The bill upon motion was referred to a select committee of three, which was composed of Messrs. West, Ledford and Mabry.

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

        A bill to be entitled an act to amend section 4220 of the Code of Georgia, which was referred to the committee on the Judiciary.

        Also, a bill to be entitled an act to amend "an act to incorporate an insurance company, to be called the Home Insurance Company, approved December 7th, 1863, and to sanction its reorganization.

        The following bills from the House of Representatives, were read the first time, viz:

        A bill to be entitled an act to amend an act of the 14th, December 1863, authorizing the Treasurer, to issue certificates of deposits for certain Treasury notes.

        Also, bill to be entitled an act to protect persons who are liable on bonds for the appearance of criminals to answer for crime, and to authorize and revquire the Judges of the Superior courts, to continue cases, where the persons


Page 101

charged with the crime are in the military service of the country.

        Also, bill to be entitled an act, to allow non-residents of this State, to act as Executors, co-Executors or as Administrators of estates in certain cases.

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

SATURDAY MORNING, MARCH 4th, 1865.

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

        Mr. Walker moved to reconsider so much of the journal of yesterday as relates to the indefinite postponement of the bill to be entitled an act to fix the compensation of members of the next General Assembly, which was lost.

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

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

        The Senate took up the report of the committee upon the bill to be entitled an act to prescribe the tax on banking corporations, and all incorporated companies using banking privileges in this State; Also to relieve the banks and other incorporated companies from a double tax levied upon the same in 1865.

        The report was agreed to, the bill, was read the 3rd time and passed.

        The following communication from his Excellency the Governor, was taken up and read, and is as follows:

EXECUTIVE DEPARTMENT,
Macon, March 3d, 1865.

To the General Assembly:

        At the session in November, an appropriation of $800,000 was made to purchase and carry corn to the destitute in the counties that have been overrun by the enemy, and in counties where the crop failed on account of the extreme wet or dry weather. The average price of corn in the State, may now be set down at twelve to fifteen dollars per bushel. Add the cost of transportation, and the lowest estimate would be fifteen. The appropriation will purchase at present prices, a little over 50,000 bushels. This would not more than supply the three most needy counties in the State, if the corn could be purchased now.


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In two months from this time, the price may have increased one half. In my opinion the appropriation for this purpose should be at least two millions of dollars.

        In this connection, I beg leave again to remind the General Assembly, that without the power of impressment, it will be absolutely impossible for me to secure the corn. I have made dilligent efforts through agents, and find I cannot purchase enough to feed the State teams, and support the State Line in the field. I am informed by Maj. Moses, the Chief Confederate Commissary for the State, that agents will be allowed to purchase part of the surplus of bonded men, for the use of soldiers families. This will aid as far as that class is concerned, but will afford no relief to the large number of persons not soldiers families, now suffering for bread, in the sections of the State were all the supplies of the people have been destroyed by the enemy. As I have already informed the General Assembly, the appropriation of money cannot afford the necessary relief without the power to impress the provisions in the hands of those who will not sell their surplus for currency.

        Market value should be paid to every citizen, whose property is impressed, but those who have a surplus and refuse to sell at market value, while others are suffering, should be compelled to distribute all they can spare, at its value in currency. I wish the members of the General Assembly and their constituents, to understand distinctly, that the appropriation of money already made, is wholly inadequate for this purpose and that it is impossible for me to furnish the corn, without the power of impressment.

        If the Legislature adjourns without conferring the authority, it will leave me powerless to relieve hundreds of women and children from actual starvation.

        I also beg leave again to revert to the fact, that the military appropriation already made, is entirely insufficient. If the State pays none of the expense of the militia, it will take at least $3,000,000 more to support the State Line, provide the clothing necessary for the Georgia troops in service, and purchase and support the wagons and teams which the Quartermaster General must have, to enable him to do the military transportation, and haul the corn to the most destitute section. If these appropriations and the impressment power, are withheld, it will be necessary for me again to convene the General Assembly at an early day.

JOSEPH E. BROWN.


        Upon motion the communication from the Governor was referred to the committee on Finance.

        The Senate took up the resolution from the House of Representatives, authorizing the Governor to furnish members and certain officers with Waters' Pamphlet, which was concurred in.


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        The Senate took up the report of the committee upon the bill to be entitled an act to amend an act of 14th December, 1863, authorizing the Treasurer to issue certificates of deposit for certain Treasury notes.

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

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of Tax Receivers, who have been or may be prevented by the public enemy, from completing the work required of them by law, for which a substitute was adopted.

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

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

        Mr. President:--I am directed by the House of Representatives to inform the Senate that they have concurred in amendment of the Senate to the bill of the House to change the line between the counties of Chattahoochee and Stewart.

        Also in the amendment of the Senate to the bill of the House to authorize Executors, Administrators and Guardians, in those counties overrun by the public enemy to make their annual returns in any county in this State, to which they may remove, and for other purposes.

        And I am also directed to inform the Senate, that the House refuses to concur in the amendment of the Senate to the resolution of the House requesting the Governor to disband Lieut. Col. Beall's Battalion, and they respectfully ask the Senate to recede from their amendment.

        Also an act to legalize administrations made under letlers granted from wrong counties, in certain cases.

        Also an act to add the county of Worth to the South Western Judicial circuit, and to change the times of holding the Superior Courts of said county.

        Also an act to incorporate the Metropolitan Telegraph Company, and for other purposes therein mentioned.

        Also an act to increase the compensation of Receivers of Tax Returns and Tax Collectors for the year one thousand eight hundred and sixty-five, and thereafter until altered by law.

        Also an act to repeal an act entitled an act to alter and change the oath of tax payers in this State, assented to December fourteenth, one thousand eight hundred and sixty-three.

        Also an act to amend an act to incorporate an Insurance Company in the city of Savannah, to be called the Southern Insurance and Trust Company, passed 17th December, 1861, and to sanction its re-organization.


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        Also a resolution, relative to the pay of the members and officers of the General Assembly.

        Mr. Grice, from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to which were referred sundry bills, have had the same under consideration, and direct me to report as follows:

        Bill to be entitled an act to amend section 4220 of the Code of Georgia, which they recommend do not pass.

        Also bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State, which they recommend do pass.

        W. L. GRICE,
Chairman pro tem.

        Mr. Bacon, from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, ready for the signature of the President of the Senate, the following acts, to-wit:

        An act to amend the one thousand seven hundred and fifty-second (1752) section of the Code of Georgia.

        Also an act to limit the tax to be imposed upon the citizens and tax payers of the city of Marietta in said State.

        Also an act to change the line between the counties of Wayne and Pierce.

        Also an act to legalize the election of Commissioners, for the town of Madison, held on the tenth day of December, in the year eighteen hundred and sixty-four.

        Also an act to refund all taxes paid by hirers of negroes, on the same, in certain cases.

        The Senate took up the report of the committee upon the bill to be entitled an act to authorize Executors, Administrators, Guardians and Trustees, to sell Confederate bonds in certain cases.

        The committee reported the following amendment: After the words "has not" in the third line of the first section insert the words "the money" or, which was agreed to.

        Mr. Pottle moved to amend by striking out all of the second section after the words "made" and insert the following: "According to the rules regulating administrators' sales."

        Mr. Nisbet offered the following to the amendment of Mr. Pottle: "Provided that the Court of Ordinary may pass a special order authorizing the sale at any place without the county, where it may appear that a better price could be had at such other place," which were lost.

        Mr. Walker moved to amend by adding the following section:


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        "And be it further enacted, That the provisions of this act shall be extended to Executors and Administrators, when necessary to sell said bonds for distribution."

        Upon agreeing to which the yeas and nays were ordered, and resulted as follows: yeas 13, nays 11. So the amendment was agreed to.

        Those who voted in the affirmative are Messrs.

        Bacon, Ezzard, Gaulden, Groover, Hubbard, Mabry, Spear, Sprayberry, Walker, Walton, Watkins, Whitaker, White.

        Those who voted in the negative are Messrs.

        Anthony, Baker, Chambers, Grice, Hammond, McCutchen, Nisbet, Pate, Pafford, Polk, Pottle.

        Upon motion the bill and amendments were referred back to the committee on the Judiciary.

        The Senate took up the report of the Committee upon the bill to be entitled an act to authorize and require the recording of deeds, mortgages and other instruments, which have heretofore been recorded, and where the same has been burned or destroyed, and to authorize the recording of deeds, mortgages and other instruments in counties in this State, which have been or may hereafter be occupied by the public enemy, &c.

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

        Also upon the bill to be entitled an act to amend section 4220 of the Code of Georgia.

        The report was agreed to, the bill was read the third time, and on motion was laid on the table for the present.

        Also upon the bill to be entitled an act to require county Treasurers in the several counties in this State, to be elected by the people.

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

        The Senate also took up the report of the committee upon the bill to be entitled an act to so alter and amend the Code of Georgia that the provisions of sections 4792 and 4993, shall apply to, and be of force in the city of Columbus, allowing judgment to be entered as in cases of appeal.

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

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of Tax Collectors from whom State and county funds have been taken by the public enemy.

        Mr. Pottle moved to amend by striking out the 4th section of the same, which was agreed to.


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

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the charter and corporate laws of the city of Milledgeville, as to the mode of electing Aldermen.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to prescribe the oath of tax payers for the year 1865.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal the third clause of the 1206th section of the revised Code of Georgia, in relation to the publication by Boards of Education.

        On motion the same was referred to the committee on public education.

        The Senate took up the report of the committee upon the bill to be entitled an act to alter and amend an act incorporating the town of Fort Valley, in Houston county, so as to invest the commissioners with full power to regulate or prohibit the retail of spirituous liquors within the corporate limits of the same.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to alter and change the corporate limits of the town of Perry, in Houston county.

        Upon motion the same was laid on the table for the present.

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of persons who failed to give in their taxes for the year 1864, in the time required by law.

        Upon motion, the same was laid on the table for the present.

        The Senate took up the report of the committee upon the bill to be entitled an act to change the rule of evidence so as to allow writings executed at the beginning of the present war, to be explained in a certain particular by parol evidence or surrounding circumstances, to which several amendments were offered.

        On motion the bill and amendments were referred back to the committee on the Judiciary.

        Under a suspension of the rules, Mr. Gaulden reported the following resolution, to-wit:


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        WHEREAS, the State of Georgia is invaded by the public enemy, be it therefore.

        Resolved by the General Assembly, That acts may be passed at one reading, according to the constitution.

        Upon motion, the same was taken up and disagreed to.

        Mr. Gaulden reported a bill to be entitled an act to provide for elections in the county of Liberty, which was read the first time.

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

        A bill to be entitled an act to make the taxes on all lands which are rented out in this State, for agricultural purposes, returnable and payable in the county where the land lies.

        Leave of absence was granted Mr. Baker from the fourth District, for the ramainder of the session, on account of sickness in his family; leave of absence was also granted Mr. Gaulden, for the same reason for the balance of the session, on and after Tuesday next.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        On motion the rules were suspended and the following bills were read the 2nd time, to-wit:

        A bill to be entitled an act to allow non-residents of this State, to act as executors or co-executors, of wills of testators, or as administrators of estates in certain cases, which was referred to the committee on the Judiciary.

        Also, bill to be entitled an act to protect persons who are liable on bonds for the appearance of criminals to answer for crimes, and to authorize and require the Judges of the Superior Courts to continue cases, where the persons charged with the crime are in the military service of the country, which was referred to the committee on the Judiciary.

        Also, bill to be entitled an act to amend an act of 14th December, 1863, authorizing the Treasurer to issue certificates of deposit for certain Treasury notes.

        The Senate took up the report of the committee upon the bill to be entitled an act to extend the civil jurisdiction of the city of Augusta, to abolish the tax or court fee, and to make the fees of the officers of said court, the same as in the Superior Courts of this State.

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


Page 108

        The Senate took up the report of the committee upon the bill to be entitled an act to amend an act to incorporate an Insurance Company to be called the Home Insurance Company, approved 7th Dec. 1863, and to sanction its reorganization.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to authorize the Ordinaries of this State to take probate of all wills heretofore made, having but two subscribing witnesses, and for other purposes.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the laws of evidence in relation to the gaming laws of this State.

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

        The following bill to be entitled an act to change the line between the counties of Union and Fannin, was read the second time, and referred to the committee on new counties and county lines.

        The Senate took up the report of the committee upon the bill to be entitled an act in reference to juries.

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

        Mr. McCutchen from the 43d District, by permission, reported a bill to be entitled an act to amend the 4011th section of the Code of Georgia, which was read the 1st time

        Mr. Bacon from the 8th District, reported a bill to be entitled an act to authorize D. McElvin of Decatur county, to practice medicine in this State, and to charge for the same, which was read the first time.

        The Senate took up the report of the committee upon the bill to be entitled an act to alter and change the corporate limits of the town of Perry, in Houston county.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal an act, assented to April 1863, to change the line between the counties of Randolph and Calhoun, so as to embrace in the county of Randolph, lots of land numbers 210, 211, 246 and 247, in the fifth district of originally Lee, now Calhoun, in the county of Randolph.

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

        The Senate took up the report of the committee upon


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the bill to be entitled an act for the relief of persons who failed to give in their tax for the year 1864.

        Upon motion the same was laid on the table for the present.

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of certain persons elected to civil offices in this State.

        Mr. Gaulden moved to amend as follows: "to change the title to conform to the body of the act," and to add the following sections, to-wit:

        "And be it further enacted, That it shall be lawful for election for county officers for the county of Liberty, which should have been holden in January 1865, to be held on such day as the Justices of the Inferior court of said county may appoint, they first giving fifteen days written notice of the time of said election, which notice shall be put up at each of the election precincts in said county, provided said election shall be held on the day of the week and places now directed by law.

        And be it further enacted, That on receiving the returns of said election, the Governor shall commission said persons chosen as now required by law.

        The chair decided that the amendment was not germain to the bill, from which decision, Mr. Gaulden took an appeal to the Senate.

        On motion the bill and amendments were laid on the table for the present.

        Mr. Mabry reported the following resolution, which was taken up and adopted:

        WHEREAS, there are a number of counties from which there have been no returns made of the number of children between the ages of six and eighteen years, who are entitled to shares in the distribution of the Educational Fund for the year 1864. Therefore be it,

        Resolved by the General Assembly of the State of Georgia, That His Excellency the Governor, be authorized to make a distribution of the Educational Fund for the year 1864, among the several counties of this State; allowing to the counties from which there have been no returns of the number of children entitled to participate in the distribution, the number returned in the year 1863.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President, of the Senate, the following acts to-wit:

        An act to change the line between the counties of Pulaski and Telfair.

        Also an act to change the line between the counties of


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Merriwether and Coweta, so as to include the residence of B. P. Hill, in the latter.

        Also an act for extending time for paying tax of D. H. B. Troup, and others similarly situated.

        Also an act to change the line between the counties of Chattahoochee and Stewart.

        Also to change the line between the counties of Glass cock and Warren.

        Also an act to authorize Executors, Administrators and Guardians, in those counties overrun by the public enemy, to make their annual returns in any county in this State, to which they may remove, and for other purposes.

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

        Mr. President:--The House of Representatives have passed the following bills, all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to authorize the Superior and Inferior Courts of this State, to carry into effect the first paragraph of the sixth section of the second article of the constitution, which makes it the duty of the General Assembly to prescribe by law the manner in which the power to grant corporate powers and privileges to private companies in cases where the power is taken away from the General Assembly, shall be exercised by the courts, and to authorize the courts to grant charters for elemosynary corporations without limit as to duration, and for other purposes.

        Also a bill to be entitled an act to make an appropriation of two million dollars, in addition to the appropriations already made for the support of the indigent families of soldiers who are in the public service, and for the support of indigent soldiers who have been, or may hereafter be disabled by wounds or disease in the Confederate or State service for the year eighteen hundred and sixty-five (1865) and to point out the mode in which said money shall be raised, and for other purposes.

        Also a resolution relative to the running of the trains of the Western and Atlantic Rail Road, or certain other Rail Roads for the purpose of shipping corn and other supplies for the benefit of the people of this State, in which they ask the concurrence of the Senate, and I am instructed to transmit the same to the Senate forth.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, to-wit:

        An act to repeal an act entitled an act to change the lines between the counties of Marion and Taylor, and the


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county lines of Coweta and Heard, assented to December, twenty-seventh, (27th) eighteen hundred and fifty-seven, (1857) so far as relates to the county line between Coweta and Heard.

        Also a resolution relative to repairs, &c., on the State Penitentiary.

        The Senate took up the report of the committee upon the bill to be entitled an act to allow heads of families or their representatives to distil a certain quantity of spirituous liquors in this State, for which the committee reported a substitute.

        Mr. Ramsay moved to amend by striking out "three" and inserting "five," which was lost.

        Mr. Grice moved to amend as follows: "Provided the right to have liquors distilled as given under this act, shall not be transferable," which was agreed to.

        Mr. Price moved to postpone indefinitely the bill and amendments.

        Upon which the yeas and nays were ordered, and resulted as follows: yeas 12, nays 17. So the motion was lost.

        Those who voted in the affirmative are Messrs:

        Chambers, Grice, Hammond, Hubbard, Ledford, Pate, Pottle, Price, Spear, Sprayberry, Underwood, Watkins.

        Those who voted in the negative are Messrs:

        Bacon, Baker, Ezzard, Gaulden, Griffin, Groover, Mabry, McCutchen, McDonald, Nisbet, Pafford, Polk, Ramsay, Walton, West, Whitaker, White.

        Mr. McCutchen reported the following amendment as a substitute for the fourth section, which was agreed to.

        "Be it further enacted, That any person distilling or causing distillation to be done contrary to the provisions of this act, shall be liable to all the pains and penalties prescribed by existing laws against illegal distillation, nor shall anything herein contained be construed as a repeal of any such existing laws further than they are directly and necessarily in conflict with the provisions of this act," which was agreed to.

        Mr. Grice moved to amend as follows: "and provided further that each person availing himself or herself of the benefits of this act shall distil or have distilled his or her share in the county of his or her residence," which was lost.

        The report as amended was agreed to, the bill was read the third time and upon its passage the yeas and nays were ordered, and resulted as follows: yeas 17, nays 12. So the bill was passed.


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        Those who voted in the affirmative are Messrs.

        Bacon, Baker, Ezzard, Gaulden, Griffin, Groover, Mabry, McCutchen, McDonald, Nisbet, Pafford, Polk, Ramsay, Walton, West, Whitaker, White.

        Those who voted in the negative are Messrs.

        Chambers, Grice, Hammond, Hubbard, Ledford, Pate, Pottle, Price, Spear, Underwood, Walker, Watkins.

        On motion the bill to be entitled an act for the relief of certain persons elected to civil offices in this State, was taken up.

        Mr. Mabry offered the following as an additional section:

        "Be it further enacted, That if from any cause the election for county officers should not be held in any county of this State, at the time prescribed by law, it shall be lawful for said election to be held in any such counties in the manner and at such places as are prescribed by law; provided the Interior Courts of such counties shall give public notice for thirty days before the day of holding such elections."

        The report as amended was agreed to, the bill was read the third time and passed, and ordered to be transmitted forthwith to the House of Representatives.

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

MONDAY MORNIEG,
MARCH, 6th, 1865.

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

        Mr. Mabry, moved to reconsider so much of the Journal of Saturday, as relates to the loss of the bill to be entitled an act to authorize and require the county Treasurers in the several counties of this State, to be elected by the people, which was agreed to.

        Mr. Spear moved to reconsider so much of the Journal of Saturday, as relates to the passage of the bill to be entitled an act to allow heads of families or their representatives to distil a certain quantity of spirituous liquors in this State.

        Upon which the yeas and nays were ordered, and resulted as follows: yeas 15, nays 14. So the motion to reconsider prevailed.

        Those voting in the affirmative are Messrs.

        Anthony, Chambers, Ezzard, Grice, Hammond, Hubbard,


Page 113

Ledford, McCutchen, Pate, Pottle, Price Spear, Underwood, Walker, Walton.

        Those who voted in the negative are Messrs.

        Bacon, Gaulden, Griffin, Groover, Guerry, Mabry, Nisbet, Pafford, Polk, Ramsay, Sprayberry, West, Whitaker, White.

        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:-- The committee on the Judiciary to whom were referred sundry bills, have had the same under consideration and direct me to make the following report:

        Bill to be entitled an act to allow non-residents of this State, to act as executors or co-executors of wills of testators, or as administrators of estates in certain cases, which they recommend do not pass.

        Also bill to be entitled an act to protect persons who are liable on bonds for the appearance of criminals to answer for crimes and to authorize and require the Judges of the Superior Courts to continue cases, where the person charged is in the military service of the country, to which the committee propose the following amendment as an additional section, to-wit:

        "Be it further enacted, that where any bond has heretofore been forfeited, and it shall be made to appear to the court that the failure of the defendant to appear, resulted from his being absent in the military service of the country, or being in the hands of the enemy, such judgment shall be set aside, upon the payment of all costs incident to such forfeiture," The committee further amend by inserting the words "or being a prisoner in the hands of the enemy" to come in after the words "military service of the country," in the first section, and as amended recommend its passage.

W. L. GRICE,
Chairman pro tem.


        Under a suspension of the rules, Mr. Price reported the following resolution, which was taken up and adopted:

        WHEREAS, in many sections of this State, persons have been prevented from giving in their taxes for the year 1864, by reason of the public enemy overrunning or threatening such sections of the State or by reason of such persons having been driven from their homes by the proximity of the enemy. Therefore be it,

        Resolved by the General Assembly, That in all cases where persons have been prevented from giving in their taxes for the year 1864, by reason of the public enemy overrunning or threatening the sections of country where such persons


Page 114

reside or where such persons have been driven from their homes by reason of the proximity of the public enemy, it shall be lawful for all persons so situated to give in their taxes for the year 1864, within the same time that shall be allowed for the giving in a return of the taxes for the present year 1865, and in all cases where such persons have had property lost or destroyed by the public enemy or by any casualty of the war since the first of April, 1864, such persons shall not be bound to give in such lost or destroyed property, and the act entitled an act to exempt certain lands from taxation, assented to November 30th, 1863, shall apply to all persons who have been driven from their homes by the public enemy during the year 1864.

        Mr. West from the select committee reported as follows:

        Mr. President:--The select committee to which were referred sundry bills have had the same under consideration, and direct me to make the following report:

        Bill to be entitled an act for the relief of Habersham county, for which the committee report a substitute, and recommend its adoption in lieu of the original, and recommend its passage.

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of Habersham county, for which a substitute was reported.

        Upon motion the bill and substitute were postponed indefinitely.

        The Senate took up the report of the committee upon the bill to be entitled an act to declare of force all the laws of this State which were of force when the Code went into operation, and which were not repealed by the Code or any subsequent legislation.

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

        The Senate took up the report of of the committee upon the bill to be entitled an act to make the taxes on all lands which are rented out for agricultural purposes returnable and payable in the counties where the land lies.

        The report was agreed to, the bill was read the third time and on motion was referred to the committee on the Judiciary.

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

        Mr. Peesident:--The House of Representatives have passed the following bills, all of which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to change the line between


Page 115

Worth and Dooly counties, so as to make Swift Creek the dividing line between said counties.

        Also a bill to be entitled an act to repeal so much of the first section of an act entitled an act to change the line between certain counties, therein mentioned, and for other purposes, assented to December 20th, 1860, as relates to lots of land Nos. 114 and 115, in the 4th district of originally Lee county.

        Also a resolution requesting the military authorities to continue a small force of Cavalry to operate as a Police in the counties of Liberty, McIntosh and Bryan.

        Also a resolution requesting the repealing of the Conscription act.

        A series of resolutions from Thomas' Georgia Brigade of the army of Northern Virginia, addressed to the Hon. A. R. Wright, President of the Senate, were read, together with an address of a committee of the same to the people of Georgia.

        Mr. Pottle reported the following resolution which was adopted:

        Rvsolved, That the President of the Senate have leave of the senate for his absence from his seat on account of his public duties elsewhere.

        Upon motion the resolution in relation to the distribution of cotton cards, was taken up and referred to the select joint committee already appointed under joint resolution upon the same subject.

        On motion Messrs. McCutchen and Sprayberry, were added to said joint committee.

        Under a suspension of the rules, the following bills were read the second time, to-wit:

        A bill to be entitled an act to amend the 4011th section section of the Code of Georgia.

        Also a bill to be entitled an act to authorize and empower R. D. McElvin, of Decatur county, to practice medicine and charge for the same.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Under a suspension of the rules, Mr. Ramsay offered the following resclution, which was adopted and ordered to be transmitted to the House of Representatives.

        Resolved, That His Excellency the Governor, be requested to allow the officers to purchase two pairs of cards each,


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on the same terms as members, viz: twenty-five dollars per pair.

        On motion the following bills from the House of Representatives, were taken up and read the first time, to-wit:

        A bill to be entitled an act to repeal so much of the first section of an act entitled an act to change the line between certain counties therein mentioned, and for other purposes, assented to December 20th, 1860, as relates to lots of land Nos. 114 and 115, in the 4th district of originally Lee county.

        Also a bill to be entitled an act to authorize the Superior and Inferior Courts of this State, to carry into effect the first paragraph of the sixth section of the second article of the constitution, which makes it the duty of the General Assembly to prescribe by law the manner in which the power to grant corporate powers and privileges to private companies in cases where the power is taken away from the General Assembly, shall be exercised by the courts and to authorize the courts to grant charters for Elemosynary Corporations without limit as to donations, and for other purposes.

        Also a bill to be entitled an act to make an appropriation of two million dollars in addition to the appropriations already made for the support of indigent families of soldiers who are in the public service, and for the support of indigent soldiers who have been or may hereafter be disabled by wounds or disease in the Confederate or State service for the year 1865, and to point out the mode in which said money shall be raised, and for other purposes.

        Also a bill to be entitled an act to change the line between Worth and Dooly counties, so as to make Swift Creek, the dividing line between said counties.

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

        Mr. President:--The House of Representatives have passed a bill entitled an act to levy and collect a tax for the year 1865 on net income, and to punish violations thereof.

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

        Mr. President:--The House of Representatives have passed the following bill, which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act supplemental to an act, assented to November, 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to


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make certain special appropriations, and for other purposes.

        The Senate took up the report of the committee upon the bill to be entitled an act to allow non-residents of this State, to act as executors or co-executors of wills of testators, or as administrators of Estates in certain cases.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to protect persons who are liable upon bonds for the appearance of criminals to answer for crimes, and to authorize and require the Judges of the Superior Courts to continue cases, where the person charged with the crime is in the military service of the country.

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

        Under a suspension of the rules, the following bills from the House of Representatives were taken up and read the first time, to-wit:

        A bill to be entitled an act supplemental to an act, assented to November, 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes.

        Also, bill to be entitled an act to levy and collect a tax for the year 1865 on net incomes, and to punish violation therefor.

        The following resolution from the House of Representatives, was taken up and concurred in, to-wit:

        A resolution relative to the running of trains of the W. & A. Rail Road on certain other roads, for the purpose of shipping corn and other supplies for the benefit of the people of this State.

        The Senate took up the report of the committee upon the bill to be entitled an act to require the county Treasurers in the several counties in this State to be elected by the people.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to grant relief to the banks of this State, for which the committee reported a substitute.

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


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        Mr. Mabry from the joint select committee to which was referred a resolution in relation to the distribution of cotton cards, reported the same back to the Senate, with a substitute, which on motion was taken up; the report was agreed to, and the resolution concurred in.

        The Senate took up the report of the committee upon the bill for the pardon of Terry L. Cox, who is now confined in the Penitentiary.

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

        The Senate took up the resolution from the House of Representatives, requesting the repeal of the Conscript act. Mr. West moved to make the same the special order for Wednesday next, which prevailed.

        The Senate took up the reconsidered bill to be entitled an act to allow heads of families or their representatives to distil a certain quantity of spirituous liquors in this State, for which a substitute was offered; several amendments to the same were offered and agreed to.

        Upon the passage of the bill the yeas and nays were ordered, and resulted as follows: yeas 11, nays 12. So the bill was passed.

        Those who voted in the affirmative are Messrs:

        Bacon, Gaulden, Griffin, Groover, Guerry, Mabry, McCutchen, McDonald, Pafford, Polk, Ramsay, West, Whitaker, White.

        Those who voted in the negative are Messrs:

        Chambers, Ezzard, Grice, Hammond, Hubbard, Pate, Pottle, Price, Spear, Underwood, Walker, Walton.

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

TUESDAY MORNING,
MARCH 7TH, 1865.

        The Senate met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Leyburn.

        Mr. West moved to reconsider so much of the Journal of yesterday as relates to the action of the Senate upon the indefinite postponement of the bill to be entitled an act for the relief of Habersham county.

        Upon a division the motion was lost.


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        Under a suspension of the rules, Mr. Gaulden offered the following resolution:

        Resolved, That the committee on Confederate relations be instructed to report back to the Senate the resolution in regard to the question of enlisting slaves in the armies of the Confederate States.

        Mr. Gaulden moved to take up the resolution.

        Mr. Whitaker moved to lay the motion on the table.

        Mr. Grice rose to a point of order.

        The Chair decided that the motion to lay on the table was in order, from which Mr. Grice took an appeal to the Senate.

        Upon a division the decision of the Chair was sustained, and the motion prevailed.

        The following bills from the House of Representatives were read the first time, to-wit:

        A bill to be entitled an act to amend an act to re-organize the Militia of the State of Georgia, and for other purposes, assented to December 14, 1863.

        Also, bill to be entitled an act to levy and collect a Tax for the political year 1865, and for other purposes.

        The Senate took up the report of the committee upon the bill to be entitled an act to amend section 4011th of the Code of Georgia.

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

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

        Mr. President:--The House of Representatives have passed the following bills, which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to amend an act entitled an act to re-organize the Militia of the State of Georgia, and for other purposes, assented to December 14, 1863.

        Also, a bill to be entitled an act to levy and collect a Tax for the political year 1865, and for other purposes.

        Also, the following Resolution, to-wit:

        A resolution of adjournment sine die; in all of which they ask the concurrence of the Senate.

        The House of Representatives have concurred in the amendments of the Senate, to the following bills of the House, to-wit:

        A bill to be entitled an act to allow certain Tax-Receivers a reasonable time to make their returns.

        Also, a bill to be entitled an act for the relief of Tax-Collectors from whom State and county funds have been taken by the public enemy.


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        Also, a bill to be entitled an act for the relief of certain persons elected to civil offices in this State, and for other purposes.

        Also, in the amendment of the Senate, to the resolution of the House of Representatives, relative to the distribution of cotton cards.

        The House of Representatives have concurred in the resolution of the Senate, requesting His Excellency the Governor to allow officers of this General Assembly to purchase cotton cards.

        The House of Representatives have passed the following bill, to-wit:

        A bill to be entitled an act to punish persons guilty of the offence of horse-stealing, by whipping and with death, and I am instructed to transmit the same to the Senate forth with.

        Mr. Grice, from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to whom were referred sundry bills, have had the same under consideration, and direct me to make the following report:

        A bill to be entitled an act to change the rule of evidence so as to allow writings executed after the beginning of the present war to be explained in a certain particular by parol evidence or surrounding circumstances. For which bill the committee report the following as a substitue:

        A bill to make parol testimony and the surrounding circumstances admissible in evidence in suits or written contracts made during the present war, where the terms dollars and cents are used without any qualification to show what kind of currency was intended by the contracting parties, and for other purposes, which they recommend do pass.

W. L. GRICE, Chairman pro tem.


        Mr. Bacon from the committee on Enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:

        An act to amend the charter of the town of Sparta, in said State.

        Also, an act to prescribe the oath of Tax-Payers for the year 1865.

        Also, an act to alter and change the corporate limits of the town of Perry in Houston county.

        Also, an act to prescribe the Tax on Banking corporations, and all incorporated companies using Banking privileges


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in this State; also, to relieve the Banks and other incorporate companies from a double tax, levied upon the same in 1865.

        Also, an act to amend an act of the 14th of December 1863, authorizing the Treasurer to issue certificates of deposits for certain Treasury notes.

        Also, an act to alter and amend the Code of Georgia so that the provisions of sections 4792 and 4793 shall apply to and be of force in the City of Columbus, allowing judgment entered as in case of appeal.

        Also, an act to amend the charter and corporate laws of the city of Milledgeville, as to the mode of electing Aldermen.

        Also, an act to repeal an act assented to April the 18th, 1863, entitled an act to change the line between the ccunties of Randolph and Calhoun, so as to embrace in the county of Randolph, lots of land numbers 210, 211, 246 and 247, in the fifth district of originally Lee now Calhoun, in the county of Randolph.

        Also, an act relative to Juries.

        Also, an act to amend the laws of evidence in relation to the gaming laws of this State.

        Also, an act to authorize and require the re-recording of deeds, mortgages and other instruments, that have been heretofore recorded, and when the record of the same has been burned or destroyed, and to authorize the recording of deeds, mortgages and other instruments in counties in this State, which have been or may hereafter be occupied by the public enemy, and for other purposes.

        Also, an act to alter and amend the act incorporating the town of Fort Valley in the county of Houston, so as to invest the commissioners of said town with full power to regulate or prohibit the retail of spirituous liquors within the corporate limits of the same.

        Also, an act to amend an act to incorporate an Insurance company, called the Home Insurance, approved 7th Dec'r. 1863, and to sanction its re-organization

        Also, a resolution authorizing the Governor to furnish Members and certain officers with Water's Pamphlet.

        Also, as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives, the following resolution, to-wit:

        A resolution requesting His Excellency the Governor to allow the officers of this General Assembly to purchase cotton cards.

        The Senate took up the report of the committee upon the bill to be entitled an act to amend an act of 14th December 1863, authorizing the Treasurer to issue certificates of deposits for certain Treasury notes.


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

        Under a suspension of the rules, the following resolutions from the House of Representatives were taken up, to-wit:

        Resolutions relative to the subordination of the Military to the civil authorities, when not displaced by the presence of the public enemy, was taken up.

        Upon motion the same were taken up singly.

        Mr. Ramsay moved to refer the resolutions to the commitmittee on Confederate relations, which was lost.

        Mr. Guerry moved to adjourn until 3 o'clock, P. M. which was lost.

        Mr. Wright moved to amend by striking out the words "doubly odious" in the second resolutions, and insert the word "unnecessary," which was agreed to.

        Mr. West moved to amend by inserting the word "Lieutenant" before the word "General", in the third resolution. Also to strike out the word "department" in the same, and insert the word "district", which was agreed to,

        Mr. Guerry moved to postpone the resolutions and amendments indefinitely.

        Upon which the yeas and nays were ordered and resulted as follows--Yeas 4, Nays 23. So the motion was lost.

        Those voting in the affirmative are Messrs:

        Guerry, Ledford, McCutchen, McDonald.

        Those voting in the negative are Messrs.

        Anthony, Bacon, Chambers, Ezzard, Gaulden, Griffin, Groover, Hammond, Hubbard, Nisbet, Pate, Pafford, Polk, Pottle, Price, Ramsay, Spear, Sprayberry, Underwood, Walker, Walton, West, Whitaker.

        The resolutions as amended were agreed to.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

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

        A bill to be entitled an act supplemental to an act assented to November 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the government for said year, and to make certain special appropriations, and for other purposes, which was referred to the committee on Finance.


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        Also, bill to be entitled an act to levy and collect a Tax for the year 1865, on nett incomes, and to punish violation thereof, which was referred to the Committee on Finance.

        Also, a bill to be entitled an act to make an appropriation of two million dollars in addition to the appropriations already made, for the support of indigent families of soldiers who are in the public service, and for the support of indigent soldiers who have been or may be disabled by wounds or disease in the Confederate or State service, for the year 1865, and to point out the mode in which said money shall be raised, and for other purposes, which was referred to the committee on Finance.

        Also, a bill to be entitled an act to authorize the Superior and Inferior Courts of this State, to carry into effect the first paragraph of the sixth section of the second article of the Constitution, which makes it the duty of the General Assembly to prescribe by law, the manner in which the power to grant corporate powers and privileges to private companies in cases where the power is taken away from the General Assembly, shall be exercised by the Courts, and to authorize the Courts to grant charters for eleemosynary corporations without limit as to donations, and for other purposes, which was referred to the committee on Finance.

        Also, a bill to be entitled an act to repeal so much of the first section of an act entitled an act to change the line between certain counties therein mentioned, and for other purposes, assented to December 20th, 1860, as relates to lots of land number 114 and 115, in the fourth district of originally Lee county.

        Also, a bill to be entitled an act to change the line between Worth and Dooly counties, so as to make Swift Creek the dividing line between said counties.

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

        Mr. President:--I am directed by the Governor to lay before the Senate a communication in writing, making certain nominations for Judges of the Superior Courts.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate--the following acts to-wit:

        An act to allow certain Tax-Receivers a reasonable time to make their returns.

        Also, an act for the relief of Tax-Collectors from whom State and county funds have been taken by the public enemy.

        Also, an act for the relief of certain persons entitled to civil officers in this State, and for other purposes.


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

        Mr. President:--The House of Representatives have passed the following bills, which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to provide for the support and maintenance of certain exiles from the City of Atlanta, and for other purposes:

        A bill to be entitled an act to exempt from Taxation the property of all resident widows having sons in the Confederate or State service, minors and soldiers in either the Confederate or State service of this State, from Taxation, where the same does not exceed two thousand dollars in value, on the first day of April in each year, and for other purposes.

        Also, a bill to be entitled an act to legalize all marriages between first cousins, which have been contracted since December 11th, 1863.

        Also, a bill to be entitled an act to amend an act entitled an act to appropriate money to procure and furnish clothing, shoes, hats or caps, and blankets, for the soldiers from Georgia, and to provide for raising the same.

        Also, a bill to be entitled an act to change the first and second Congressional Districts, so far as relates to the county of Echols.

        Also, the following bills of the Senate, to-wit:

        A bill to be entitled an act to allow officers from this State in the Army of the Confederate States, when with their commands in the field, to purchase clothing from the Quartermaster General of this State.

        Also, a bill to be entitled an act to extend the time of settlement with the Tax-Collectors of this State, with an amendment, in which they ask the concurrence of the Senate.

        Also, the following bills of the House of Representatives:

        A bill to be entitled an act to authorize Artemesia A. E. Jones of Bibb county, wife of James M. Jones, to receive any property that she is, or may hereafter be entitled to by inheritance or otherwise, where the same is not limited over, in the same manner as though she was a feme sole.

        Also, a bill to be entitled an act to amend the laws of this State, in relation to lapsed legacies.

        The Senate took up the report of the committee upon the bill to be entitled an act to provide for holding elections for counties that have been overrun by the enemy; for which the committee reported a substitute.

        Mr. McCutchen offered the following amendment:

        Provided, that any voter at such election may be required, upon the challenge of any other person, to take an oath


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that he has not removed from, and still claims his citizenship in the county, for which the election is holden, which was agreed to.

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

        Mr. Bacon moved to transmit the bill forthwith to the House of Representatives, which was lost.

        The Senate on motion was resolved into executive session and after remaining therein for a short time, the open session was resumed.

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

WEDNESDAY MORNING,
MARCH 8TH, 1865.

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

        Mr. McCutchen moved to reconsider so much of the Journal of yesterday as relates to the action of the Senate upon the bill to be antitled an act to amend the 4011th section of the Code of Georgia, which was agreed to.

        Mr. Gaulden moved to reconsider so much of the Journal of yesterday as relates to the passage of a bill to be entitled an act to provide for holding elections for counties, which have been overrun by the enemy, which was lost.

        Hon. John M. Hill, Senator elect from 36th Senatorial district, to fill the vacancy caused by the death of the Hon. John H. Johnson, appeared, presented his credentials, was qualified, and took his seat.

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

        Mr. President:--The House of Representatives have passed the following bills, which I am instructed to transmit forthwith to the Senate, to-wit:

        A bill to be entitled an act to incorporate the town of Reynolds in the county of Taylor, and for other purposes.

        The House of Representatives have also passed by a constitutional majority, of ayes 95, nays 0, a bill to be entitled an act to continue in force the fourth section of an act passed over the Governor's veto on the 30th day of November 1860, entitled an act to provide against the forfeiture of the several Bank charters of this State, on account of nonspecie payments for a given time, and for other purposes, passed in the year 1857, and to suspend the pains and penalties


Page 126

imposed upon the several banks and their officers in this State, for non-payment of specie, and for other purposes.

        Also, an act entitled an act to add a proviso to the fourth section of an act entitled an act for the relief of the people and Banks of this State, and for other purposes, passed on the 30th day of November, 1860, and to add an additional section to said act, assented to December 20th, 1860. All of which I am instructed to transmit forthwith to the Senate.

        Also, a resolution in relation to the returns of Taxes in certain cases for the year 1864.

        Also, a resolution requesting the Governor to forward a copy of the resolutions renewing the assurances of Georgia to her sister States to prosecute the war until Independence is achieved and liberty won, to each Brigade commander from Georgia.

        The House of Representatives have adopted a resolution in relation to the relief of Confederate prisoners, in which they ask the concurrence of the Senate.

        The House of Representatives have concurred in the amendment of the Senate to the bill of the House of Representatives to be entitled an act to grant relief to the banks of this State, by a Constitutional majority of ayes 95, and nays 0.

        The House of Representatives have also concurred in the following resolutions of the Senate, to-wit:

        A resolution directing the compiler of the acts passed at this Session to annex to his compilation a memorandum showing the changes made in the Code of Georgia.

        Also, a resolution in relation to the building of a Rail Road to connect Albany and Thomasville, for Military purposes.

        Also, a resolution requesting certain information from His Excellency the Governor.

        Also, a resolution in relation to the distribution of the Educational fund.

        Also, a resolution of thanks to the Georgia Militia and Georgia State Line for gallant conduct.

        Mr. Bacon from the committee on Enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, to-wit:

        An act to require the county Treasurers to be elected by the people.

        Also, a resolution in reference to the distribution of imported cotton cards.

        Also, a resolution relative to the running of the trains of


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the Western and Atlantic Rail Road, on certain other Rail Roads, for the purpose of shipping corn, and other supplies, for the benefit of the people of this State.

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

        Mr. President:--The House of Representatives have adopted the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        A resolution in relation to the establishing a picket line, &c.

        Also, a resolution to appropriate money to Orphan Asylum.

        Also, a resolution expressing disapprobation of the policy of putting negroes into the army as Soldiers.

        Mr. Bacon from the committee on Enrollment, reported as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following act, to-wit:

        An act to allow officers from this State, in the Army of the Confederate States, when with their commands, in the field, to purchase clothing from the Quartermaster General of this State.

        The special order of the day being the resolution requesting the repeal of the conscript act, it was taken up.

        Mr. Ramsay offered the following as a substitute for the original:

        Resolved, That the Congress of the Confederate States be respectfully requested to enquire into the expediency of passing a law, allowing companies, battalions and regiments, to be raised in the separate States of the Confederacy, and to receive them into the Confederate service, with the officers of their own choice.

        Mr. Sprayberry offerred as a substitute for the substitute, a resolution in relation to the policy of conscription; pending the discussion, the Senate on motion adjourned until 3 o'clock, P. M.

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        On motion the special order was suspended, and the Senate took up the report of the Committee upon the bill to be entitled an act to amend the 4011th section of the Code of Georgia.

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


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        Also, upon the bill to be entitled an act to amend an act to re-organize the Militia of the State of Georgia, and for other purposes, assented to 14th December 1863, which, upon motion was referred to the committee on Military affairs.

        The following bill was read the second time and referred to the committee on Finance, to-wit:

        A bill to be entitled an act to levy and collect a Tax for the political year 1865, and for other purposes.

        The following bills from the House of Representatives, were read the first time, to-wit:

        A bill to be entitled an act to amend the laws of this State in relation to lapsed legacies.

        Also, bill to be entitled an act to legalize all marriages between first cousins, which have been contracted since December 11th, 1863.

        Also, bill to be entitled an act to punish any person convicted of the offence of horse-stealing, by whipping and with death.

        Also, bill to be entitled an act to incorporate the town of Reynolds in the county of Taylor and for other purposes.

        Also, bill to be entitled an act to exempt from Taxation the property of all resident widows having sons in the Confederate or State service, minors and soldiers, in either Confederate or State service, from this State, from Taxation, where the same does not exceed two thousand dollars in value on the first day of April in each year, and for other purposes.

        Also, bill to be entitled an act to authorize Artemesia A. E. Jones, of Bibb county, wife of James M. Jones, to receive any property, that she is, or may be hereafter entitled to, by inheritance or otherwise, where the same is not limited over, in the same manner, as though she was a feme sole.

        Also, bill to be entitled an act to amend an act to appropriate money to procure and furnish clothing, shoes, hats or caps, and blankets, for the Soldiers from Georgia, and to provide for raising the same.

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

        Also, an act to add a proviso to the fourth section of an act, for the relief of the people and Banks of this State, passed on the 30th of November 1860, and to add an additional section to said act, assented to December 20th 1860.


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        Also, bill to be entitled an act to change the first and second Congressional Districts, so far as relates to the county of Echols.

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

        Mr. President: The House of Representatives, have passed the following Senate bills, to-wit:

        A bill to be entitled an act to compel keepers of Inns, Hotels, and other houses of public entertainment, for travellers, to give receipts or checks for the baggage of their guests, in certain cases, and to make penal a refusal so to do.

        Also, a bill to be entitled an act to authorize Executers, Administrators and Trustees, to pay debts against the estates they represent, contracted and owing before the commencement of the war, between the Confederate States and the United States, out of property belonging to the estate, on a basis of valuation of the same in 1860, and for other purposes.

        The House of Representatives have also adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:

        A resolution relative to the late Maj. General W. H. T. Walker.

        The House of Representatives have also concurred in the amendment of the Senate to the following bill of the House of Representatives, to-wit:

        A bill to be entitled an act to allow heads of families or their representatives to distill certain quantities of spirituous liquors in this State, and for other purposes.

        The Senate resumed the consideration of the special order.

        Mr. Pottle moved to strike out the proviso, and insert in lieu thereof: "Provided that the act to repeal the conscript law, to obviate all doubts upon the subject, should contain an express provision that it does not relieve or take out of service, any person now in service".

        Mr. Wright moved to strike out the word "repeal" and insert the word "suspend".

        Mr. Wright moved to refer the resolution and substitutes and amendments to a special committee of five, which was agreed to.

        The committee consists of Messrs. Speer, Chambers, Pottle, McCutchen and Sprayberry.

        Upon motion, the Senate took up a resolution in relation to the adjournment of this General Assembly.

        Mr. Guerry moved its adoption.


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        Mr. Chambers moved to lay the same on the table, which was agreed to.

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

        Mr. President:--The House of Representatives have passed the following Senate bill, to-wit:

        A bill to be entitled an act to relieve from penalties, certain persons who have been guilty of distilling spirituous liquors, under a misapprehension of law.

        Also, a bill to be entitled an act to extend the civil jurisdiction of the city court of Augusta, to abolish the Tax or Court fees of the officers of that Court, the same as in the Superior Courts of this State.

        Also, a bill to be entitled an act to extend the time for the redemption of the State Treasury Notes, issued under an act passed December 12th, 1863, and amended March 17th, 1864, and for other purposes.

        Also, a bill to be entitled an act to extend the time for returns of elections in the Army.

        Also, a bill to be entitled an act to authorise the Georgia Rail Road and Banking company, to close up its Banking business.

        They have also concurred in the amendments of the Senate to the Resolution of the House of Representatives, relative to the subordination of the military, to the civil authorities, when not displaced by the presence of the public enemy.

        Also, a bill of the Senate to be entitled an act to increase the rank and pay of the Commissary General and Quartermaster General of the State of Georgia, with an amendment in which they ask the concurrence of the Senate.

        Also, a bill of the Senate to be entitled an act to fix the fees of Clerks, Sheriffs, Ordinaries, Jailors, and for other purposes, with amendments, in which they ask the concurrence of the Senate.

        Mr. Bacon, from the committee on Enrollment, reports as duly enrolled and ready for the signature of the President of the Senate, and Speaker of the House of Representatives, the following acts and resolutions, to-wit:

        A resolution directing the compiler of the acts passed at this Session, to annex to his compilation a memorandum, showing the changes made in the Code of Georgia.

        Also, a resolution requesting the Governor to forward a copy of the resolutions renewing the assurances of Georgia to her sister States to prosecute the war until Independence is achieved and liberty won, to each Brigade commander from Georgia.

        Also, a resolution requesting certain information from His Excellency the Governor.


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        Also, a resolution of thanks to the Georgia Militia and Georgia State Line, for gallant conduct.

        Also, a resolution in relation to the building of a Rail Road to connect Albany and Thomasville, for military purposes.

        Also, a resolution in relation to the distribution of the Educational fund.

        Also, a resolution in relation to the return of Taxes in certain cases, for the year 1864.

        Also, an act to authorise Executors, Administrators and Trustees, to pay debts against the estates they represent, contracted and owing before the commencement of the war, between the Confederate States and the United States, out of property belonging to the estate on a basis of valuation of the same as in 1860, and for other purposes.

        Also, an act to compel keepers of Inns, Hotels and other houses of public entertainment for travellers, to give receipts or checks for the baggage of their guests in certain cases, and to make penal a refusal so to do.

        Mr. Bacon, from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, to-wit:

        An act to protect persons who are liable on bonds for the appearance of criminals to answer for crimes, and to authorize and require the Judges of the Superior Courts to continue cases, where the persons charged with crime, are in the Military service of the country.

        The Senate concurred in the amendment of the House of Representatives to the bill of the Senate, to be entitled an act to increase the rank and pay of the Commissary General and Quartermaster General of the State of Georgia.

        The Senate concurred in the first amendment of the House of Representatives to the bill of the Senate, to be entitled an act to fix the fees of Clerks, Sheriffs, Ordinaries and Jailors; and disagreed to the second and third amendments to the same.

        The Senate took up the report of the committee upon the bill to be entitled an act to make an appropriation of two millions of dollars, in addition to the appropropriation already made for the support of indigent families of Soldiers, who are in the public service, and for the support of indigent soldiers who have been or may be hereafter disabled by wounds or disease in the Confederate or State service, for the year 1865, and for other purposes.

        On motion the bill was laid on the table for the present.

        On motion, Mr. Wright was added to the select committee upon the resolutions in relation to the policy of conscription.

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


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THURSDAY MORNING,
March 9th, 1865.

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

        Mr. Mabry moved to reconsider so much of the Journal of yesterday, as relates to the action of the Senate in disagreeing to the amendments of the House of Representatives to the bill of the Senate, to be entitled "an act to fix the fees of Clerks, Sheriffs, Ordinaries and Jailors," which was agreed to.

        The Senate took up the report of the committee upon the bill to be entitled an act to authorize Executors, Administrators and Guardians and Trustees to sell Confederate bonds under certain circumstances.

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

        The Senate took up the repert of the committee upon the bill to be entitled an act, to make "an appropriation of two millions of dollars in addition to the appropriation already made, for the support of indigent families of soldiers, who are in the public service, and for the support of indigent soldiers who have been, or may hereafter be disabled by wounds or disease, in the Confederate or State service, for the year 1865, and to point out the mode in which said money shall be raised, and for other purposes."

        Mr. Pottle offered the following amendments to the first section, also an additional section, which were agreed to: strike out the words "to be distributed according to law," and insert the following: "to be distributed by agents not exceeding one for each county, to be appointed by His Excellency the Governor, who shall distribute the fund provided for in this act, as well as all funds appropriated under preceding similar statutes, or in the possession of the Inferior Courts for said purposes, in kind--said agent purchasing wherever he can on the best terms. Said agent to be required first to give bond with two or more securities for the faithful performance of his duty, and shall likewise take and subscribe an oath--he shall be removable at the pleasure of the Governor, for any failure to perform his duty, and shall receive two and one-half per cent commissions, on amounts, received for his services.

        Sec. 2. Be it further enacted, That said bond shall be suable in the Superior Courts of this State, and said suits shall be triable at the first term of the Court, subject to the usual causes of continuance, except that the absence of a witness in the army shall not be good cause of continuance. The Attorney or Solicitor General, shall represent the State, and shall receive such compensation as the Judges of


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the Superior Courts may certify to be reasonable and just. Whenever judgment is needed upon the bond, there shall be no stay of execution."

        Upon the passage of the bill, the yeas and nays were ordered, and resulted as follows:

        Yeas 26--Nays 4. So the bill was passed.

        Those voting in the affirmative are Messrs:

        Bacon, Chambers, Ezzard, Gaulden, Grice, Griffin, Groover, Hammond, Hubbard, Hill, Ledford, Mabry, McCutchen, McDonald, Nisbet, Pate, Pafford, Polk, Pottle, Speer, Sprayberry, Underwood, Walker, Walton, Whitaker, White.

        Those voting in the negative are Messrs:

        Anthony, Guerry, Ramsay, West.

        Yeas 26--Nays 4.

        Mr. Bacon from the Committee on Enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following act, to-wit:

        An act to allow heads of families or their representatives, to distill certain quantities of spirituous liquors in this State, and for other purposes.

        Also, a resolution, relative to the subordination of the Military to the Civil authority, when not displaced by the presence of the public enemy.

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

        Mr. President: The House of Representatives, have passed the following bill of the Senate, to-wit:

        A bill to be entitled an act, to authorize the Judges of the Superior Courts of this State, to convene special terms of the Superior Courts for the purpose of the trial of criminal cases and dower.

        Mr. Wright from the select committee, to which were referred resolutions and substitutes therefor, requesting the repealing of the Conscript Act, reported the same back with the following amendments: after the word "repealing," in the first resolution, add the words "suspending or so modifying the Conscription Act, as to authorize the President of the Confederate States, to accept companies, battalions and regiments." And to strike out the Proviso and insert in lieu thereof, "Provided that in case of a suspension of the Conscription Act, the officers and employees engaged in the Conscript Bureau, who are able for field


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or other military duty, be assigned to such field or other duty during such suspension."

        Mr. Pottle from the same committee, submitted the following minority report:

        We the undersigned, a minority of the committee dissent from the report of the majority, and recommend the adoption of the House resolution with the following amendment. Strike out the Proviso, and insert in lieu thereof: "Provided, that the act to repeal the Conscript Act, to obviate all doubts upon the subject, should contain an express provision, that it shall not relieve or take out of service, any organizations now in service."

E. H. POTTLE,

ALEX. M. SPEER,
Minority Committee.


        Mr. Wright moved to take up the report--which was agreed to.

        Mr. Wright moved to adopt the resolution reported by the majority committee.

        Mr. Guerry moved the following as a substitute, for the reports of the majority and minority of the committee:

        "Resolved. That the Congress of the Confederate States, be respectfully requested to enquire into the expediency of passing a law, allowing companies, battalions, and regiments, in the separate States of the Confederacy, and to receive them into the Confederate service with the officers of their own choice."

        Mr. Hubbard moved the "previous question,"--which was sustained. The substitute offered by Mr. Guerry was lost.

        Upon the motion to adopt the report of the minority of the committee, the yeas and nays were ordered and resulted as follows:

        Yeas 18--Nays 11. So the report was agreed to.

        Those voting in the affirmative are Messrs:

        Ezzard, Gaulden, Griffin, Groover, Hubbard, Ledford, Mabry, McDonald, Pate, Pafford, Polk, Pottle, Speer Underwood, Walker, Walton, Whitaker, White.

        Those voting in the negative are Messrs:

        Anthony, Chambers, Grice, Guerry, Hammond, Hill, McCutchen, Price, Ramsay, West, Wright.

        Upon the adoption of the resolutions reported by the minority committee, the yeas and nays were ordered, and resulted as follows:

        Yeas 19--Nays 10. So the resolutions were adopted, and ordered to be transmitted at once to the House of Representatives.


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        Those voting in the affirmative are Messrs:

        Bacon, Ezzard, Gaulden, Griffin, Groover, Hubbard, Ledford, Mabry, McDonald, Pate, Pafford, Polk, Pottle, Speer, Underwood, Walker, Walton, Whitaker, White.

        Those voting in the negative are Messrs:

        Anthony, Chambers, Grice, Guerry, Hammond, Hill, McCutchen, Ramsay, West, Wright.

        Mr. Bacon, from the Committee on Enrollment, reports as duly enrolled and ready for the signature of the President of the Senate, and the Speaker of the House of Representatives, the following act, to wit:

        An act, to authorize the Georgia Rail Road & Banking Company, to close up its Banking business.

        Also, an act, to relieve from penalties, certain persons who have been guilty of distilling spirituous liquors, under a misapprehension of law.

        Also, an act, to extend the time for the redemption of the State Treasury Notes, issued under an act passed December 12th, 1863, and amended March 17th, 1864, and for other purposes.

        Also, an act, to increase the rank and pay of the Commissary General and Quartermaster General of the State of Georgia.

        Also, an act, to extend the civil jurisdiction of the City Court of Augusta, to abolish the tax or Court fee, and to make the fees of the officers of that Court, the same as in the Superior Courts of this State.

        Also, an act, to extend the time for returns of elections in the army.

        Also, an act, to authorize the Judges of the Superior Courts of this State, to convene special terms of the Superior Courts, for the trial of criminal cases and dower.

        Under a suspension of the rules, the resolutions from the House of Representatives, in relation to the death of Major General William H. T. Walker, were taken up, and unanimously concurred in--and ordered to be transmitted forthwith to the House of Representatives.

        Under a suspension of the rules, the resolutions in relation to the enlistment of Slaves in the army of the Confederate States, were taken up.

        Upon motion, the same were indefinitely postponed.

        Mr. Gaulden moved to take up a House resolution on the same subject--which was lost.

        The special order for this hour being, the resolution in relation to adjournment, was taken up.

        Mr. Whitaker moved to strike out Thursday, and insert Saturday--upon which, the yeas and nays were ordered and resulted as follows:

        Yeas 19--Nays 10. So the motion prevailed.


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        Those voting in the affirmative are Messrs:

        Bacon, Chambers, Ezzard, Gaulden, Grice, Griffin, Hammond, Hill, Mabry, McCutchen, McDonald, Pottle, Price, Ramsay, Speer, Walker, Walton, West, Whitaker.

        Those voting in the negative are Messrs:

        Anthony, Groover, Guerry, Hubbard, Nisbet, Pate, Pafford, Polk, Underwood, White.

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

3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        The Senate concurred in the amendments of the House of Representatives, to the bill of the Senate, to be entitled an act, to fix the fees of Clerks, Sheriffs, Ordinaries and Jailors, in this State.

        The Senate concurred in the resolution of the House of Representatives, to appropriate money to the Orphan Asylum.

        The Senate took up the report of the committee upon the bill to be entitled an act supplemental to an act, assented to, November, 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes.

        Upon motion, the same was taken up by sections.

        Mr. Walker, moved to strike out "fifty" and insert "ten," also, to strike out "thirty" and insert "six" in the first section--which was lost.

        Mr. Spear moved to amend the third section, by adding thereto, the words "and military," after the word "Judiciary"--which was agreed to.

        Mr. Bacon offered the following amendment to the 10th section, "and that the sum of twenty-five hundred dollars, or so much as may be necessary, be appropriated to pay the salary of an additional Clerk, for the Treasurer, to aid said officer in collecting and arranging the papers of his office, disturbed and scattered by the enemy--also, to assist said officer in counting, arranging, cancelling and burning the Treasury Notes and change bills, authorized to be redeemed and burned by this Legislature, at its last Session--which was laid on the table.

        Mr. Bacon also offered the following amendment, as an additional section:

        And be it further enacted: "That the sum of seven hundred dollars be and the same is hereby appropriated to each of the


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Secretaries, (two in number,) and the Recording Clerk of the Executive Department, to pay the expenses incurred by being required to come to Macon, during the present Session of the Legislature"--which was agreed to.

        Mr. Speer offered the following amendment: "That the sum of five hundred dollars be allowed the Adjutant and Inspector General, five hundred dollars to the Assistant Adjutant General, and five hundred dollars to the Clerk of said officer, to defray their expenses during the present Session of the Legislature"--which was agreed to.

        Mr. Bacon offered the following amendment: "And the sum of three hundred dollars, be appropriated to the Rev. Mr. Wills, for services as Chaplain of the Senate, during the present Session"--which was agreed to.

        Mr. Spear offered the following amendments--which were agreed to, to the 10th section after the word "notes," insert the words "except mileage due to members and officers, which shall be paid in Eight per cent Georgia Treasury notes"--also, an additional section as follows:

        And be it further enacted, "That the sum of fifty dollars in Eight per cent Treasury notes, be appropriated to R. B. Knight, for services rendered as Clerk to the Conference Committee upon the bill, to reorganize the Militia of Georgia, passed 14th December 1863, which sum was appropriated but not drawn, and thereby reverted to the State"--also, the following as an additional section:

        And be it further enacted. "That the sum of two thousand dollars, or so much as may be necessary to defray expenses incurred in repairing and fitting up the Halls used at the present Session, and the Governor is authorized to draw his warrant on the Treasury, to pay for said expenses."

        Mr. Chambers offered the following as an additional section:

        And be it further enacted, "That the sum of fifteen thousand dollars be appropriated for the relief of John Jones, Treasurer of the State of Georgia, to remunerate him for the destruction of his residence and furniture, while absent in obedience to a resolution of the last Session, ordering him to remove the Treasury to a place of safety."

        Upon the motion to agree to the same, the yeas and nays were ordered and resulted as follows:

        Yeas 9--Nays 17. So the motion was lost.

        Those voting in the affirmative are Messrs:

        Anthony, Bacon, Chambers, Ezzard, Guerry, Pafford, Pottle, Sprayberry, Whitaker.

        Those voting in the negative are Messrs:

        Gaulden, Grice, Groover, Hill, Ledford, Mabry, McCutchen, McDonald, Nisbet, Pate, Polk, Price, Speer, Underwood, Walker, Walton, West.


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        Mr. Speer offered the following as an additional section--which was agreed to:

        And be it further enacted, "That the sum of eleven thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to pay for repairs on the State House and Executive Mansion, made necessary by depredations on the same by the public enemy, and the Governor is authorized to draw his warrant on the Treasury for said amount."

        Upon motion, the bill and amendments were laid on the table for the present.

        Mr. Gaulden rose to a question of privilege, and asked that the following statement be spread upon the journal--which was granted.

        I ask leave of the Senate, to make the following statement in relation to my motion this morning, to lay on the table, my resolution relative to the enlistment of Slaves in the Confederate army. In intended to move to lay my resolution on the table for the present, with a view to take up the House resolution on the same subject, and ask that this statement be entered on the journal of the Senate.

        Leave of absence was granted Mr. Hammond of the 9th district, for the balance of the Session.

        Leave of absence was also asked for Mr. Polk of the 34th district--which was refused.

        Mr. Pottle reported the following resolution, which was taken up and adopted:

        WHEREAS, The 10th day of March, has been set apart by the President, as a day of public religious observance, therefore,

        Resolved, That when the Senate adjourn for the day, it adjourn until Saturday morning 9 o'clock.

        The following bills from the House of Representatives, were read the 2d time, to-wit:

        A bill to be entitled an act, to incorporate the town of Reynolds, in the county of Taylor.

        Also, a bill to be entitled an act, to amend the laws of this State, in relation to lapsed legacies.

        Also, a bill to be entitled an act, to legalize all marriages between first cousins, which have been contracted since December 11th, 1863.

        Also, a bill to be entitled an act, to punish any person convicted of the offense of horse stealing, by whipping and with death.

        Also, a bill to be entitled an act to amend an act, to appropriate money to procure and furnish clothing, shoes, hats, or caps, and blankets, for the soldiers from Georgia, and to provide for raising the same.

        Also, a bill to be entitled an act, to exempt from taxation, the property of all resident widows, having sons in the Confederate


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or State service--minors and soldiers in either the Confederate or State service, where the same does not exceed the sum of two thousand dollars in value, on the 1st day of April in each year, and for other purposes.

        Also, a bill to be entitled an act, to continue in force the 4th section of an act, passed over the Governor's Veto, on the 30th day of November, 1860, entitled an act to provide against the forfeiture of the several Bank Charters, on account of non specie payment for a given time and for other purposes, passed in the year 1857, and to susp nd the pains and penalties imposed upon the several Banks and their officers in this State, for non-specie payment and for other purposes, and to add an additional section to the said act, assented to December 20th, 1860.

        Mr. Gaulden moved to take up a House resolution, in relation to the enlistment of Slaves in the Confederate army--which was lost,

        Leave of absence for the balance of the Session, for Mr. Polk of the 34th district, was refused.

        The following Message from the Governor, was on motion, taken up and read, and is as follows:

EXECUTIVE DEPARTMENT,
Macon, March 9th, 1865.

To the General Assembly:

        While my mind has undergone no change as to the propriety of calling a convention of the people of this State, for the purposes specified in my message of 15th ultimo, which I am satisfied the people will require in future, and which I fear they may imperatively demand, at a time less favorable to calm deliberation in the selection of Delegates, of known patriotism and loyalty to our cause, and when less could be accomplished by its deliberations, I do not pretend to call into question, the integrity or patriotism of the majority of the members of the General Assembly, who have refused to adopt my suggestions upon this subject. The difference of opinion is doubtless an honest one, and I am content that the question, who is right? shall be answered by the developments of the future and the decision of the people, whom I am willing to trust with the management of their own affairs, and whose judgment, when pronounced, I am prepared to abide.

        In the mean time, it affords me much gratification to find, that the General Assembly concurs with me, so far as I can judge from the action of the body, and the expressions of members, upon almost every other recommendation and statement, contained in the message, in reference to our Confederate relations. While we may differ upon the question of the expediency of holding a convention at


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the present time, as the best corrective for abuses, which are admitted by all to exist, it is the duty of every patriot, to do all in his power to fill up, strengthen and sustain, our gallant armies in the field, and to provide for the comfort of the families of our troops, while in active service.

        I have repeatedly ordered the civil and military officers, of this State, with the police force in each county, to aid in the arrest and return, of deserters and stragglers to their commands. But a short time since, several hundred were arrested and sent forward under my orders, in a single week. I find however, that the civil officers of this State, who are by the statute exempt from military service, have responded too tardily to calls made upon them, to discharge this important duty. I therefore recommend the adoption of a resolution, by this General Assembly, requiring all civil officers in this State, created by statute, to discharge this duty faithfully and promptly, and withdrawing from such as fail or refuse, all protection against Confederate or State military service. No class of persons can do more to rid their respective counties, of deserters and stragglers, than the civil officers, and they should be required to do this duty, or to take, in the field, the places of those who, by their neglect, are permitted to avoid the discharge of duty, in this crisis of our fate.

        I cannot refrain, before closing this communication, from congratulating the General Assembly, the country, and the army, upon the reported restoration of Gen. Joseph E. Johnston, to the command of which he was so unwisely deprived, at a most unfortunate period.

        This act of justice to him and the country, has been too long delayed, after it was demanded by the necessities of the service, by the army, the Congress, and the whole people. Yielding reluctantly, it seems, to a demand, which could no longer be resisted, the President has, as the public press informs us, again placed him at the head of the remnant of an army, which was once raised by him, from a condition of demoralization, to a high state of efficiency. While he assumes the responsibility, with the devotion of a self-sacrificing patriot, under circumstances of a most trying character, the drooping spirits of the people are revived, and their hopes re-animated by his return to the the field. It is believed that thousands of his old companions in arms, who are now absent, will again rally around his standard, and clinging the more closely to him, on account of the injustice which has been been done him, will confront the enemy with renewed energy and determination.

        Let the Conscript Act be repealed, as you have wisely resolved it should be, let us return to the principles upon which we entered the contest, and let the whole country,


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with the spirit of freedom, which animated them in 1861, rally around our glorious leaders, Lee, Johnston, and Beauregard, who should be untrammelled by Presidential interference in the management of military campaigns, and we shall again triumph in battle, and roll back the dark cloud of despondency, which has so long darkened our horizon, and blighted our hopes.

        Georgia has done her whole duty, from the commencement of the struggle. She has furnished more than her quota of troops, clothed them when naked in Confederate service, and provided subsistence for their families at home. Official reports show, that she has lost more men, and paid more tax, than any State in the Confederacy. However much she may be misrepresented, and the motives of those who have conducted her counsels, and administered her Government, may be maligned, by artful and designing politicians, both she, and her public servants, may proudly point to the sacrifices made, and the results achieved, as the highest evidence of loyalty to the cause.

        I now appeal, doubtless, with your concurrence, to Georgians, at home and in the field, while they demand the correction of abuses, and maintain in sunshine and in shade, the old land marks of State Sovereignty and republican liberty, against foes without and within, never to permit her proud banner to trail in the dust, nor the cause to suffer, on account of their failure to strike, with heroic valor, in the thickest of the fight, till freedom is won and Constitutional liberty firmly established.

JOSEPH E. BROWN.


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

        Mr. President:--The House of Representatives have adopted the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        A resolution relative to establishing a mail route from Oglethorpe, in Macon county, to Butler, in Taylor county.

        Also a resolution relative to the relief of tax payers in this State.

        The House of Representatives have also concurred in the amendments of the Senate, to the following bill of the House, to-wit:

        A bill to be entitled an act to authorize Executors, Administrators, Guardians and Trustees, to sell Confederate bonds under certain circumstances.

        The House of Representatives have adopted the following resolutions, in which they ask the concurrence of the Senate:


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        A resolution in reference to the tearing up of the Iron on the Atlantic and Gulf Rail Road, between the Altamaha River and Thomasville.

        Also resolutions in regard to Rail Roads in this State.

        The House of Representatives has concurred in the amendments of the Senate, to the following resolution of the Senate, to wit:

        A resolution of adjournment sine die.

        The House of Representatives has adopted the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        Resolutions appointing a joint committee of both branches of the General Assembly, to investigate the affairs of the Commissary General and Quartermaster General of this State, in which they ask the concurrence of the Senate; and have appointed as such committee on part of the House, Messrs, Holt of Bibb, Dubose of Hancock, and Russell of Muscogee.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:

        An act to grant relief to the Banks of this State.

        Also an act to authorize Executors, Administrators, Guardians and Trustees to sell Confederate bonds under certain circumstances.

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

        Mr. President:--I am directed by the Governor to deliver to the Senate, a special message in writing.

        Mr. Bacon from the commitsee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following resolutions, to-wit:

        A resolution of adjournment sine die.

        Also a resolution relative to the late Maj. General W. H. T. Walker.

        Mr. Grice from the committee on the Judiciary, made the following report:

        Mr. President:--The committee on the Judiciary to which were referred sundry bills, have had the same under consideration and direct me to report as follows:

        A bill to be entitled an act to amend the laws in relation to Habeas Corpus, to which they propose several


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amendments herewith submitted, and as amended recommend its passage.

W. L. GRICE,
Chairman, pro tem.


        The following bills from the House of Representatives were read the second time, to-wit:

        A bill to be entitled an act to provide for the support and maintenance of certain exiles from the city of Atlanta, and for other purposes.

        Also a bill to be entitled an act to authorize Artemisia A. E. Jones, of Bibb county, wife of James M. Jones, to receive any property that she is, or may hereafter be entitled to by inheritance or otherwise, where the same is not limited over, in the same manner as though she was a feme sole.

        Also a bill to be entitled an act to change the first and second Congressional Districts, so far as relates to the county of Echols.

        Mr. Bacon introduced the following resolutions, which were taken up and lost:

        Resolved 1st, That the Treasurer of the State of Georgia, be allowed to employ a Clerk to assist him in counting, arranging, cancelling and burning the change bills and treasury notes, authorized to be redeemed and burned by this Legislature at its last session.

        Resolved 2nd, That said Clerk shall be employed no longer than is absolutely necessary and that the compensation for his services shall be the same per month as is appropriated by the last general appropriation bill as compensation for the Clerk now allowed in the State Treasurer's office.

        On motion the Senate adjourned to 7 ½ o'clock, P. M.

7½ O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        In the absence of the President Mr. Whitaker moved that Mr. Guerry, the President pro tem, take the Chair, which was agreed to.

        Mr. Speer moved to suspend the regular order to take up the report of the committee upon the bill to be entitled an act to levy and collect a tax on net incomes for the year 1865, and to punish a violation thereof, which was agreed to, for which the committee reported a substitute.

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


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        The Senate took up the report of the committee upon the bill to be entitled an act to change the line between the counties of Dooly and Worth.

        Upon motion the same was laid on the table for the present.

        The Senate took up the report of the committee upon the bill to be entitled an act to repeal the third clause of the 1206th section of the Code of Georgia, in relation to the publication by boards of education.

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

        Also upon the bill to be entitled an act to repeal so much of the first section of an act to change the line between certain counties therein named, and for other purposes, assented to December 20th, 1860 as relates to lots of land numbers 114 and 115, in the fourth District of originally Lee county.

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

        Also upon the bill to be entitled an act to change, the line between the counties of Union and Fannin.

        Mr. West moved to amend by inserting after the word "included" the words "in the county of Fannin," which was agreed to.

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

        Also upon the bill to be entitled an act to change the rules of evidence so as to allow writings executed after the beginning of the present war to be explained in a certain particular, by parol evidence or surrounding circumstances, for which a substitute was reported by the committee.

        Pending which the Senate adjourned until 9 o'clock Saturday morning.

SATURDAY MORNING, MARCH 11th, 1865.

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

        Mr. Gaulden moved to reconsider so much of the journal of Thursday, as relates to the indefinite postponement of a resolution in relation to the enlistment of slaves in the Confederate army, which prevailed.

        The Senate concurred in the amendment of the House of Representatives to the bill of the Senate to be entitled an act to carry into effect paragraph 4989, of the 4th article of the Constitution of the State of Georgia.


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        Mr. Grice offered the following resolution, which was adopted:

        Resolved by the Senate, That no member shall speak longer than five minutes at a time for the balance of this session, except by the unanimous consent of the Senate.

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

        Mr. President:--The House of Representatives have adopted the following resolutions, in which they ask the concurrence of the Senate, to-wit:

        A Resolution to promote the improvement of Rail Roads in this State.

        Also a resolution approbatory of the course of President Davis and General Lee, in restoring General Joseph E. Johnston to the command of the Army of Tennessee.

        Also a resolution relative to releasing Confederate Tax in Kind.

        Also a resolution authorizing the payment of teachers of poor children in the county of Campbell, for the year 1863.

        Also a resolution asking our Senators and Representatives in Congress to use their influence to have a mail route established from Quitman, in Brooks county, through the county of Colquitt to the city of Albany, in Dougherty county.

        Also a resolution relative to property destroyed by the enemy.

        The House have also passed the following bill of the Senate, to-wit:

        A bill to be entitled an act to carry into effect paragraph 4989 of the 4th article of the Constitution of the State of Georgia, with amendments in which they ask the concurrence of the Senate.

        Mr. Ramsay, Chairman of the committee on military affairs made the following report:

        Mr. President:--The committee on military affairs to whom was referred a bill to be entitled an act to amend an act to reorganize the militia of the State of Georgia, and for other purposes, assented to December 14th, 1863, having had the same under consideration, have directed me to report as follows:

        In the 1st section, strike out the words "retaining their present division organization," and insert in lieu thereof the words "and divisions:" Also strike out the word "and" before the word "brigades" in the same connection.

        In section 12, strike out the words "the commander of of the division to which the court may be attached," and insert the word "court."


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        Strike out section 15, and insert in lieu thereof, the following: "That the Governor have power to appoint such Surgeons and Assistant Surgeons as are absolutely needed for duty in the field and hospitals."

        Insert as an additional section to come in after section XIV. Section XV, That so much of the act approved December 24th, 1863, entitled an act to reorganize the militia of Georgia, as authorizes the appointment of a Surgeon for each Senatorial District, be and the same is hereby repealed, and that it shall be the duty of the Governor to appoint a Board of three competent Surgeons for each Congressional District in the State, whose duty it shall be to examine in each county in the District, all persons of such county within the ages of 16 and 60, who claim to be unable to do military or police duty, and to grant certificates of disability to such as in their judgment are unable to do military duty where the applicant belongs to the militia proper, and police duty where the applicant belongs to the militia reserve. Re-examinations of all persons holding certificates of disability may be ordered by the Governor, and said Board shall perform all the duties required of the Senatorial District Surgeon by said act, approved December 14, 1863, not inconsistent with this act.

        With these amendments the committee recommend that the bill do pass.

JAMES N. RAMSAY,
Chairman.


        Under a suspension of the rules, the Senate took up the report of the committee upon the bill to be entitled an act to amend an act to reorganize the militia of the State of Georgia, assented to 14th December, 1863.

        On motion the same was taken up by sections which as amended were agreed to.

        Mr. Ramsay offered the following additional section:

        "Be it further enacted, That the members of the court contemplated by this act as well as Judges Advocate shall be selected from the officers and men of the active militia, which are now and have been in active militia service during the last six months," which was agreed to.

        Mr. Ezzard offered the following as an addition section, which was lost;

        "Be it further enacted, That it shall be the duty of the Governor to detail and exempt from militia service such Blacksmiths, Wagon makers and such other mechanics as the Inferior Court of each county may certify to be necessary to the agricultural interests of the country."

        Mr. Nisbet offered the following as an additional section:

        "Be it further enacted, That all Presidents and Professors of Colleges, all Teachers who have been for four years


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previous to the war engaged in the regular pursuit of their profession, and all Physicians who have been in the regular practice of their profession, are hereby exempted from militia duty, except as part of the reserve militia force, and then only, at the discretion of the Governor."

        Upon agreeing to which the yeas and nays were ordered, and resulted as follows: yeas 17, nays 6. So the amendment was agreed to.

        Those who voted in the affirmative are Messrs.

        Grice, Griffin, Guerry, Hubbard, Mabry, McCutchen, McDonald, Nisbet, Pate, Pafford, Polk, Pottle, Price, Spear, Walker, Walton, Whitaker.

        Those who voted in the negative are Messrs.

        Chambers, Ezzard, Hill, Ramsay, Sprayberry, West.

        Mr. West offered the following as an amendment to the amendment of Mr. Nisbet, which was lost: "And all persons who are or may be exempted or detailed from Confederate military service as agriculturists."

        Mr. Pottle offered the following as an additional section, which was agreed to:

        "And be it further enacted, That the Governor be authorized to exempt such persons in his discretion as he may deem necessary for the public interest."

        Mr. Walker offered the following as an additional section

        "And be it further enacted, That all Justices of the Peace shall be exempt from militia service."

        Mr. Pottle moved to amend the same by adding the words "and Constables" after the words "Justices of the Peace," the latter was lost.

        Upon agreeing to the amendment of Mr. Walker, the yeas and nays were ordered, and resulted as follows: yeas 10, nays 14. So the motion was lost.

        Those who voted in the affirmative are Messrs.

        Ezzard, Grice, Hubbard, Mabry, McDonald, Pafford, Polk, Walker, West, White.

        Those who voted in the negative are Messrs.

        Anthony, Bacon, Chambers, Guerry, Hill, McCutchen, Nisbet, Pate, Pottle, Price, Ramsay, Spear, Sprayberry, Whitaker.

        Mr. Wright offered the following as an additional section:

        "Be it further enacted, That so much of the first section of an act of 14th December, 1863, entitled an act to reorganize the militia of the State of Georgia, and for other


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purposes, as authorizes the appointment of Aids-de-Camp, be and the same is hereby repealed, and the commissions of all officers appointed under said section are hereby vacated, and so much of section twenty (20) of said act, as confers the power on the Governor to appoint additional Staff officers, is hereby repealed, the commission of all officers heretofore appointed under said section twenty are hereby revoked," which was lost.

        Mr. Walker moved to re-commit the bill, which was agreed to; Also to reconsider the section in relation to the appointment of the military courts, and to take up the same.

        On motion said section was stricken out.

        The Senate took up the report of the committee upon the bill to be entitled an act supplemental to an act assented to November 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes.

        Upon motion the bill was laid on the table for the present.

        Under a suspension of the rules, the resolution from the House of Representatives, allowing the Secretary of State to appoint a Clerk in his department, was taken up and lost.

        On motion the bill just Iaid on the table was taken up.

        Mr. Spear moved to strike out the 10th section of the same, which was agreed to; also to add the following section to said bill:

        "And be it further enacted, That the sum of twenty-one thousand nine hundred and fifteen (21,915) dollars be, and the same is hereby appropriated to pay balance due the Quartermaster General for spun yarns, purchased and distributed to the families of soldiers under resolution of the General Assembly, directing such purchase and distribution for which no appropriation has been made, which was agreed to.

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

        On motion the Senate took up the report of the committee upon the bill to be entitled an act to levy and collect a tax for the political year 1865, and for other purposes.

        Pending the consideration of which, the Senate adjourned to 3 o'clock, P. M.


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3 O'CLOCK, P. M.

        The Senate met pursuant to adjournment.

        Under a suspension of the rules Mr. Spear offered the following resolution:

        Resolved by the General Assembly, that the joint resolution adjourning sine die at five o'clock, P. M., this day, be and the same is hereby rescinded, and

        Resolved further, That this General Assembly adjourn sine die at 11 o'clock, P. M., this day, which was adopted and ordered to be transmitted forthwith to the House of Representatives.

        On motion the Senate resumed the consideration of the bill to be entitled an act to levy and collect a tax for the political year 1865, and for other purposes.

        The report as amended by the committee was agreed to, as appears by the vote of the yeas and nays, which were ordered, and resulted as follows: yeas 17, nays 11.

        Those who voted in the affirmative are Messrs.

        Chambers, Grice, Griffin, Ledford, Mabry, McCutchen, McDonald, Pate, Pafford, Polk, Pottle, Spear, Sprayberry, Underwood, Walton, Whitaker, White.

        Those who voted in the negative are Messrs.

        Anthony, Bacon, Ezzard, Gaulden, Groover, Guerry, Hubbard, Nisbet, Price, Walker, West.

        The bill was read the third time and upon its passage the yeas and nays were ordered, and resulted as follows: yeas 19, nays 11. So the bill was passed.

        Those who voted in the affirmative are Messrs.

        Chambers, Grice, Griffin, Hill, Ledford, Mabry, McCutchen, McDonald, Nisbet, Pate, Pafford, Polk, Pottle, Spear, Sprayberry, Underwood, Walton, Whitaker, White.

        Those who voted in the negative are Messrs.

        Anthony, Bacon, Ezzard, Gaulden, Groover, Guerry, Hubbard, Price, Walker, West, Wright.

        Mr. Gaulden moved to suspend the rules to take up the resolution in relation to the enlistment of slaves in the Confederate armies.

        Mr. Wright moved to lay the motion on the table for the present, which prevailed.

        The Senate took up the report of the committee upon the bill to be entitled an act to continue in force the fourth section of an act passed over the Governor's veto on the 30th of November, 1860, entitled an act to provide against


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the forfeiture of the several Bank charters of this State, on account of non specie payment for a given time, and to suspend the pains and penalties imposed upon the several Banks and their officers for non specie payment, and for other purposes, &c.

        Mr. West moved to strike out the proviso, which was agreed to.

        Upon the passage of the bill the yeas and nays were ordered as required by the Constitution, and resulted as follows: yeas 26, nays 0. So the bill was passed unanimously.

        Those who voted in the affirmative are Messrs.

        Anthony, Bacon, Chambers, Ezzard, Gaulden, Grice, Griffin, Groover, Guerry Hubbard, Hill, Mabry, McCutchen, McDonald, Nisbet, Pate, Polk, Pottle, Price, Spear, Spray-berry, Underwood, Walker, Walton, West, Whitaker.

        Upon motion the Senate receded from its amendment to the bill of the House of Representatives, to be entitled an act to make an appropriation of two millions of dollars in addition to the appropriation already made for the support of indigent families, &c.

        The Senate also concurred in the amendment of the House of Representatives, to the amendment of the Senate to said bill.

        The Senate took up the report of the committee upon the bill to be entitled an act to legalize all marriages between first cousins, which have been contracted since December 11th, 1863.

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

        The Senate took up the amendment of the House of Representatives to the bill of the Senate to be entitled an act to authorize the impressment of private property for public use, on payment of just compensation.

        Mr. West moved to amend the amendment of the House by striking out, which was lost.

        Mr. Pottle moved to disagree to the amendment, which prevailed.

        Mr. Underwood moved to take up the resolution in relation to the enlistment of slaves in the Confederate army.

        Upon which the yeas and nays were ordered, and resulted as follows: yeas 12, nays 18. So the motion was lost.

        Those who voted in the affirmative are Messrs.

        Ezzard, Gaulden, Griffin, Hubbard, Hill, Ledford, McDonald, Pafford, Pottle, Spear, Underwood, Walker.


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        Those who voted in the negative are Messrs.

        Anthony, Bacon, Chambers, Grice, Groover, Guerry, Mabry, McCutchen, Nisbet. Pate, Polk, Price, Ramsay, Sprayberry, Walton, West, Whitaker, White.

        Mr. Nisbet moved to suspend the regular order, which was agreed to, to take up a resolution in relation to the establishment of a picket line, &c.

        On motion the same was concurred in.

        The Senate took up the report of the committee upon the bill to be entitled an act to change the first and second Congressional Districts so far as relates to the county of Echols.

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

        Also upon the bill to be entitled an act to authorize Artimesia A. E. Jones, of Bibb county, wife of James M. Jones, to receive any property she is, or may be entitled to, by inheritance or otherwise, where the same is not limited over, in the same manner, as though she was a feme sole.

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

        The Senate took up the first amendment of the House of Representatives to the amendment of the Senate to the bill of the House to be entitled an act to amend an act of 14th December, 1864, to reorganize the militia of Georgia, and for other purposes.

        The motion to concur was disagreed to; to the second and third amendments the Senate agreed.

        The Senate took up the report of the committee upon the bill to be entitled an act to provide for the support and maintenance of certain exiles from the city of Atlanta, and for other purposes.

        Mr. Mabry moved to strike out all the first section except the enacting clause, which prevailed.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to exempt from taxation the property of all resident widows having sons in the Confederate or State service, minors and soldiers in either the Confederate or State service, of this State from taxation, where the same does not exceed the sum of two thousand dollars on the first day of April in each year, and for other purposes.

        The report was agreed to, the bill was read the 3rd time and passed.


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        The Senate took up the report of the committee upon the bill to be entitled an act to punish any person convicted of the offence of horse stealing, by whipping and with death.

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

        On motion the Senate resolved itself into secret session.

        After remaining therein for some time, the open session was resumed, and on motion the Senate adjourned to 8 o'clock, P. M.

8 O'CLOCK, P. M.

        The Senate met pursuant to adjournment, and took up the Message of the House of Representatives upon the bill to be entitled an act supplemental to an act, assented to November 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the government during said year, and to make certain special appropriations, and for other purposes.

        The Senate refused to agree to the amendment of the House of Representatives to the amendment of the Senate to said bill.

        The Senate concurred in the resolution of the House of Representatives, appointing a joint committee of both branches of the General Assembly to investigate the affairs of the Commissary General and Quartermaster General of this State, which consisted of Messrs. Guerry and Grice.

        Mr. Walker reported a resolution, to-wit:

        A resolution requesting the action of Congress in relation to the support of indigent soldiers families, which was taken up and adopted.

        Mr. Sprayberry reported a resolution, to-wit:

        A resolution in relation to the relief of certain counties which was taken up and adopted.

        Mr. Walker moved that the Senate recede from its amendment to the bill of the House of Representatives, to be entitled an act to levy and collect a Tax for the political year 1865, and for other purposes.

        Upon which the yeas and nays were ordered, and resulted as follows--yeas 9, nays 15; so the motion was lost.

        Those who voted in the affirmative are Messrs:

        Anthony, Bacon, Groover, Guerry, Hubbard, Nisbet, Price, Ramsay, Walker.


Page 153

        Those who voted in the negative are Messrs.

        Chambers, Grice, Griffin, Hill, Ledford, Mabry, McCutchen, Pate, Polk, Pottle, Sprayberry, Underwood, Walton, Whitaker, White.

        Ayes 9, Nays 15.

        Mr. Pottle moved that a committee of conference be appointed to meet a similar committee from the House, to accommodate the differences between the two houses upon said bill, which was agreed to.

        The committee on part of the Senate are Messrs. Pottle, Walker and Nisbet.

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the laws of this State, in relation to Habeas Corpus.

        Mr. Ramsay moved to postpone the same indefinitely, which was lost.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to appropriate money to procure and furnish clothing, shoes, hats or caps, and blankets for the soldiers from Georgia, and to provide for raising the same.

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

        The Senate concurred in the resolution of the House of Representatives, requesting the establishment of a mail route from Quitman through Colquitt county, to Albany, Georgia.

        The Senate took up the report of the committee upon the bill to be entitled an act to amend the laws of this State in relation to lapsed legacies.

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

        The Senate took up the report of the committee upon the bill to be entitled an act for the relief of persons who failed to give in their Tax for the year 1864, in the time required by law.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to incorporate the town of Reynolds in the county of Taylor.

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


Page 154

        The Senate took up the report of the committee upon the bill to be entitled an act to allow writings executed since the beginning of the present war, to be explained in a certain particular, by parol evidence or surrounding circumstances.

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

        The Senate took up the report of the committee upon the bill to be entitled an act, to change the line between Worth and Dooly counties so as to make Swift creek the line between said counties.

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

        The Senate took up the report of the committee upon the bill to be entitled an act to relieve School Teachers from militia service.

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

        Also upon the bill to be entitled an act to suspend the the operation of an act to constitute the town of Cuthbert of Randolph county, a city, and for other purposes.

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

        The Senate upon motion, resolved itself into Executive session, and after remaining therein for some time, resumed the open session

        Mr. Bacon offered the following resolution, which was adopted.

        Resolved, That the resolution adjourning this General Assembly at 11 o'clock, P. M., this day be rescinded and that they do adjourn sine die at 12 o'clock, M. to night.

        Mr. Bacon offered the following resolution, which was taken up and lost:

        Resolved, That the civil officers of this State may be required to arrest all deserters and stragglers in their respective counties from the Confederate service, the State Line or, the militia, and on failure or refusal to perform this duty it shall be obligatory upon the Governor, to report all delinquents to the next General Assembly, that the commissioners of any such delinquents may be vacated as in other cases of mal practice or neglect to perform official duties.

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

        Mr. President:--The House of Representatives refuses to concur in the amendment of the Senate to the bill of the House of Representatives to be entitled "an act to levy and collect a tax for the political year 1865, and for other purposes, and respectfully requests the Senate to recede from the same.


Page 155

        The House has concurred in all the amendments of the Senate to the bill of the House, "to be entitled an act supplemental to an act, assented to November 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to make certain special appropriations and for other purposes," except the amendment to pay the Rev. Dr. Wills, Chaplain of the Senate, in which they have concurred with an amendment in which they ask the concurrence of the Senate.

        The House of Representatives have adopted and passed a substitute for the bill of the Senate to be entitled "an act to authorize the impressment of private property for public use on payment of just compensation," in which substitute, they respectfully ask the concurrence of the Senate.

        The House of Representatives have adopted "a resolution, requsting Congress to pass an act to allow Confederate certificates to be taken in payment of all public dues, taxes, or other evidences of debt by its agents," in which they ask the concurrence of the Senate.

        The House of Representatives have also concurred in the amendments of the Senate, to the following resolution of the House, to-wit:

        A resolution requesting the repealing of the Conscript Act.

        The House refuses to concur in the first amendment of the Senate to the bill of the House of Representatives, to be entitled "an act to make an appropriation of two millions of dollars in addition to the appropriation already made, for the support of indigent families of soldiers, who are in the public service, and for the support of indigent soldiers who have been or may hereafter be disabled by wounds or disease, in the Confederate or State service, for the year 1865, and to point out the mode in which said money shall be raised and for other purposes," and respectfully request the Senate to recede from said amendment, and have concurred in the second amendment of the Senate to said bill, with an amendment thereto, in which they ask the concurrence of the Senate.

        The House of Representatives have passed the following bill of the Senate, to-wit:

        A bill to be entitled an act to provide for holding elections for counties, which have been overrun by the enemy.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate--the following resolution:


Page 156

        A resolution to appropriate money to the Orphan Asylum.

        Also, an act to repeal so much of the first section of an act entitled an act to change the line between certain counties, therein mentioned, and for other purposes, assented to December 20th, 1860, as relates to lots of land Nos. 114 and 115, in the fourth district of originally Lee county.

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

        Mr. President:--The House of Representatives, have concurred in the following resolutions of the Senate.

        Resolutions in relation to adjournment.

        The House of Representatives, have concurred in the 1st amendment of the Senate to the bill of the House of Representatives entitled "an act to amend an act to re-organize the militia of the State of Georgia, and for other purposes, assented to December 14th, 1863. The House has concurred in the 2d and 3rd amendments of the Senate to said bill and have concurred in the 4th amendment to said bill with an amendment thereto, in which they ask the concurrence of the Senate, and have concurred in the 5th amendment to said bill, with an amendment, in which they ask the concurrence of the Senate.

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

        Mr. President:--I am directed by the Governor to lay before the Senate a communication in writing, making a nomination of Judge of the Flint Judicial District.

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

        Mr. President:--The House of Representatives have adopted and passed the substitute of the Senate for the following bill of the House, to-wit:

        A bill to be entitled an act to levy and collect a tax on the net income or profits of all persons engaged in agriculture and farming, and net profits of all persons making incomes by purchase and sale of any property real or personal, upon the net income of all Express Companies, Rail Road Companies, not exempt by their charters from such taxation, Insurance Companies, Brokers, Auctioneers, all persons engaged in the manufacture of iron and salt, and cotton dealers, all persons engaged in the manufacture of flour, meal, grits and hominy, and upon all profits arising from the sale of goods, wares and merchandise, groceries and provisions, also on the income or profits of all persons or bodies corperate, engaged in the manufacture of cotton or woolen goods, in the tanning and sale of leather, and the manufacture and sale of any articles made thereof, and the


Page 157

distillation and sale of alcohol or spirituous liquors, ale, cotton dealers, all persons engaged in the manufactture of wooden ware; and to punish all persons who may fail to give in their income or net profits, and for other purposes.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives, the following act, to-wit:

        An act to fix the fees of Clerks, Sheriffs, Ordinaries and Jailors in the several counties in this State, and for other purposes.

        Mr. Bacon from the committee on Enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following resolution, to-wit:

        A resolution, requesting the repealing of the Conscript act.

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

        Mr. President:--I am directed by the Governor to deliver to the Senate, a message in writing in response to a resolu- of inquiry relative to the purchase and exportation of cotton:

EXECUTIVE DEPARTMENT,
Macon, March--,1865

To the General Assembly:

        In response to your resolution of inquiry upon the subject of the purchase and shipment of cotton for the State, I beg leave to refer you to my Message to the House of Representatives of 17th November last, which will give all the information in my power, at present to furnish. Other purchases have been made since the date of said Message, but the Agents have not yet reported particulars to this Department, and as one of them is in Madison, it will not be in my power to communicate with him and receive the information, prior to your adjournment. Full and accurate statements will be made up and submitted to the General Assembly at its annual session, in accordance with the usual custom in such cases.

        No cotton has been shipped through the blockade since your adjournment in November, nor has any been lost since that date, in the effort to run out.

        Cotton Cards and blankets for the State, have been shipped upon six vessels, from foreign ports for Confederate ports. Four of these vessels have arrived safely, and two have been lost.

JOSEPH E. BROWN.


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EXECUTIVE DEPARTMENT,
Milledgeville, Ga., Nov. 17th, 1865.

To the House of Representatives:

        In response to your call, I state that I have by responsible agents purchased since your last session 8,194 bales of upland cotton and 383 bales of Sea Island. Of this number 4,048 bales of upland and 383 of Sea Island have been purchased under authority of the acts passed by the General Assembly for exportation to pay for cotton cards, soldiers clothing, blankets, &c., &c. The upland at an average original cost of 80 cts per pound. The Sea Island at an average of $2.97 per pound. I have exported 1614½ bales. Of this 58 bales were captured by the blockading fleet and 1556½ bales have gone through safely. This was all shipped out one half for the other except 282½ bales, which were shipped at £40 sterling per ton.

        After payment of freight, this places to the credit of the State in Europe, about 850 bales, worth in the present currency over $5,000,000, or $3,000,000 in round numbers more than the whole cost of the cotton purchased, including the Sea Island. Of the remainder of this 4048 bales, 282 1/2 bales were sold to the Confederate Government at cost, for the privilege of shipping out the 282 1/2 bales on the terms above mentioned, and 297 bales have been loaned to that Government, which it has not yet repaid, 46 bales have been burnt, only 9 bales was a loss to the State, and the State still has in store waiting an opportunity to ship 1808 bales of upland cotton, and 383 bales of Sea Island. In other words the State has shipped out much less than half the quantity purchased, and that shipped out safely to Europe, is now worth in currency $3,000,000 more than she gave for the whole quantity purchased.

        I have now in Nassau 30,000 excellent soldiers' blankets, and expect soon to have 5,000 suits of soldiers' clothing. 18,000 yards of cloth for soldiers' clothing, and 5,000 pairs of good army shoes, which by the terms of the contracts are to be delivered by first of next month. I have also purchased and had stored at Nassau, 30,000 pairs of cotton cards. Of these, 5,100 pairs were lost with the Steamer Florie, and 5,100 landed safely at Wilmington, and are expected here soon by Express, and 19,800 pairs remain on the Island, to be shipped by earliest opportunity.

        The balance of the cotton first above mentioned, to-wit: 4146 bales of upland have been purchased on account of the W. and A. Rail, Road, at an average cost of 83 1/2 cts per pound. This with the exception of 31 bales now stored at Butler, has been shipped to Savannah and Augusta for sale. The agents have sold 2463 bales for a net profit of $433,512.38. Part of this was sold to an agent of the Confederate


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Government, who is still in our debt $200,000 of the money, but promises to pay soon.

        Twenty-one bales were burnt while in transit on the Central Rail Road and the balance of 1662 bales are still on hand unsold. This has been held on account of a recent decline in the markets of Augusta and Savannah. The cotton now on hand has been purchased at a higher price than the cotton first purchased and sold, and the margin for profits will not be so great as on that already sold. I think it safe, however, to estimate that the cotton purchased and transported to this date will pay into the Treasury of the road a net profit of $600,000. This has been made by the use of the rolling stock of the road not engaged in Government transportation in about three months.

        As these transactions have net been fully closed and the accounts made up it is not possible to give all the items in detail. This will be done carefully and accurately in the next report of the Superintendent of the Road.

        I am not able to refer to any statute which gave me express authority to make these purchases and sales for the Road. When you were last in session no such state of things was anticipated as now exists; since then the enemy have taken charge of the Road and we have been driven from it.

        The agents and employees moved back with the Rolling Stock. If we disbanded and dismissed them it would not be possible to supply their places and work the road if we should recover it from the enemy, and it was necessary that the machinists and carpenters be kept at work for the repair of the Engines and cars. It requires a large sum of money every month to support these Agents and employees with their families. The Confederate Government for which most of the work of the year had been done, prior to the loss of the Road owes us nearly a million of dollars, and we cannot collect enough to pay the wages of the employees. I had rolling stock idle, if I leased it out at usual rates the incomes from it would be comparatively small, and owing to the usual failure of those who hire rolling stock, to keep it in order would soon be run down.

        I had no right to take money out of the Treasury of the State to make the purchases necessary to start this business, but I was unwilling that it should fail on that account, and I ordered the cotton necessary for that purpose purchased on a credit of twenty days. If this had been lost by fire or otherwise, and the business had failed, I should have been personally liable to pay for the cotton, about $200,000. I was satisfied, however, that it would not fail, and I took the risk and responsibility necessary to get it under way. I trust the Legislature is satisfied with the


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result. If not, I will cheerfully take the whole matter upon my own responsibility, and pay the State double the usual rates for the use of the engines and cars, and pay all expense of every character. If my action is approved, I will be glad to know the fact that I may continue the business for the benefit of the State, as I can make a fine profit to the Treasury during the ensuing year. I see no good objection to this business as it is in my opinion a fair legitimate traffic.

        I have recently furnished to the Governor of North Carolina, a train to remove cotton belonging to that State from South Western Georgia to Augusta, and trains to Confederate Agents to remove Confederate cotton at the usual rates for the use of rolling stock, I also furnish a train occasionally to the agent of the Exporting and Importing Company to carry their cotton to the coast for exportation at the same rates, as they have aided the State to export cotton on their vessels.

        The reports of the Agents, of cotton purchased for the State, are already in the hands of the Finance committee.

JOSEPH E. BROWN.


        Messrs. Holt of Bibb, and Dubose of Hancock, having declined to act upon the committee appointed to investigate the books, papers, &c., of the Commissary General and Quartermaster General of this State, Messrs. Grant of Glynn and Gue of Chatham, have been appointed to fill their vacancies.

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

        Mr. President:--The House of Representatives have concurred in the Senate amendments to the following bills of the House of Representatives, to-wit:

        A bill to be entitled an act to repeal the third clause of the 1206th section of the revised Code of Georgia, relative to the publication by the Board of Education.

        Also a bill to be entitled an act to change the county line between the counties of Union and Fannin.

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


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purposes, passed on the 30th day of November, 1860, and to add an additional section to said act, assented to December, 1860.

        Also a bill to be entitled an act to amend an act entitled an act to re-organize the Militia of the State of Georgia, and for other purposes, assented to December 14th, 1863, with certain amendments to the Senate amendments, in which they respectfully ask the concurrence of the Senate.

        The House of Representatives has receded from its amendment to the amendment of the Senate to the bill of the House of Representatives, entitled an act to amend an act entitled an act to re-organize the militia of Georgia, and for other purposes, assented to Dec. 14th, 1863, so far as said amendment exempts Justices of the Peace from militia duty.

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

        Mr. President:--I am directed by the Governor to deliver to the Senate a communication in writing, making certain nominations of Solicitors General.

        Mr. Bacon from the committee on Enrollment, reports as duly enrolled, and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts, to-wit:

        An act to suspend during the continuance of the present war the 1206th section of the revised Code of Georgia, relative to the publication by the Board of Education.

        Also an act to exempt from taxation the property of all resident widows having sons in the Confederate or State service, minors and soldiers in either the Confederate or State service of this State, from taxation when the same does not exceed two thousand dollars in value on the first day of April, in each year, and for other purposes.

        Also an act to make an appropriation of two million dollars in addition to the appropriation already made, for the support of indigent families of soldiers who are in the public service, and for the support of indigent soldiers who have been, or may hereafter be disabled by wounds or disease, in the Confederate or State service for the year 1865, and to point out the mode in which said money shall be raised, and for other purposes.

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

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

        The House of Representatives have receded from its disagreement to the amendment of the Senate to the bill of


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the House of Representatives to be entitled an act supplemental to an act, assented to November 1864, to provide for raising a revenue for the political year 1865, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following act and resolutions, to-wit:

        An act to extend the time of settlement with the Tax Collectors of this State.

        Also a resolution relative to the distribution of corn to certain counties.

        Also a resolution to extend the time for returning the tax in certain cases.

        Also a resolution requesting the action of Congress in relation to the support of indigent soldiers' families.

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

        Mr. President:--The House of Representatives have concurred in the following resolutions of the Senate, to-wit:

        A resolution requesting the action of Congress in relation to the support of indigent soldiers' families.

        Also a resolution relative to the distribution of corn to certain counties.

        The House of Representatives have also adopted a resolution rescinding the resolution to adjourn this General Assembly sine die at 11 o'clock, P. M., this day, in which they ask the concurrence of the Senate.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts and resolutions, to-wit:

        An act to legalize all marriages between first cousins, which have been contracted since December 11th, 1863.

        Also an act to change the first and second Congressional Districts, so far as relates to the county of Echols.

        Also an act to authorize Artemisia A. E. Jones of Bibb county, wife of James M. Jones, to receive any property that she is, or may hereafter be entitled to by inheritance or otherwise, where the same is not limited over, in the same manner as though she was a feme sole.

        Also a resolution in relation to establishing a picket line, &c.

        Also an act to levy and collect a tax on the net income or profits of all persons engaged in agriculture and farming


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and net profits of all persons making incomes by purchase and sale of any property real or personal, upon the net income of all Express Companies, Rail Road Companies not exempt by ther charters from such taxation, Insurance Companies, Brokers, Auctioneers; all persons engaged in the manufacture of iron and salt, and cotton dealers; all persons engaged in the manufacture of flour, meal, grits and hominy, and upon all profits arising from the sale of goods, wares and merchandize, groceries and provisions; Also on the income or profits of all persons and bodies corporate, engaged in the manufacture of cotton or woolen goods, in the tanning and sale of leather, and the manufacture and sale of any articles made thereof, and the distillation and sale of alcohol or spirituous liquors, all cotton dealers, all persons engaged in the manufacture of wooden ware, and to punish all persons who may fail to give in their income or net profits, and for other purposes.

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

        Mr. President:--The House of Representatives have concurred in the following resolution of the Senate, to-wit:

        A resolution to extend the time for returning the tax in certain cases.

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

        Mr. President:--The House of Representatives insists upon its disagreement to the amendment of the Senate to the bill of the House of Representatives, to be entitled an act to levy and collect a tax for the political year 1865, and for other purposes, and accepts the invitation of the Senate for a committee of conference on the same, and have appointed as such committee on part of the House of Representatives, Messrs. Stephens of Hancock, Shockley of Columbia, Davenport of Gordon, Reese of Sumter and Selman of Walton.

        Mr. Bacon from the committee on enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, the following acts and resolutions, to-wit:

        An act to amend an act entitled an act to appropriate money to procure and furnish clothing, shoes, hats or caps, and blankets for the soldiers from Georgia, and to provide for raising the same.

        Also an act to provide for the support and maintenance of certain exiles from the city of Atlanta, and for other purposes.


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        Also an act to amend an act to re-organize the militia of the State of Georgia, and for other purposes, assented to December 14, 1865.

        Also an act to continue in force the 4th section of an act passed over the Governor's veto on the 30th day of November, 1860, entitled an act to provide against the forfeiture of the several Bank Charters of this State, on account of non-specie payment for a given time, and for other purposes, passed in the year 1857, and to suspend the pains and penalties imposed upon the several Banks and their officers in this State, for the non-payment of specie, and for other purposes; and also an act to add an additional proviso to the 4th section of an act entitled an act for the relief of the people and Banks of this State, and for other purposes, passed on the 30th November, 1860, and to add an additional section to said act, assented to December 20th, 1860.

        Also an act to incorporate the town of Reynolds, in the county of Taylor, and for other purposes.

        Also a resolution asking our Senators and Representatives in Congress, to use their influence to have a mail route established from Quitman, in Brooks county, through the county of Colquitt to the city of Albany in Dougherty county.

        Also an act to levy and collect a tax for the political year 1865, and for other purposes.

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

        Mr. President: The House of Representatives, agrees to the report of the Committee of Conference, on the bill of the House of Representatives, entitled an act to levy and collect a tax for the political year 1865, and for other purposes.

        Mr. Bacon, Chairman of the Committee of Enrollment, reports as duly enrolled and signed by the Speaker of the House of Representatives, and now ready for the signature of the President of the Senate, the following acts and resolutions, to-wit:

        An act supplemental to an act, assented to November, 1864, to provide for raising a revenue for the year 1865, and to appropriate money for the support of Government during said year, and to make certain special appropriations and for othe purposes.

        A resolution requesting Congress to pass an act, to allow Confederate Certificates to be taken in payment of all public dues, taxes or other evidences of debt by its agents.

        Also, resolutions appointing a joint committee of both branches of the General Assembly, to investigate the affairs


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of the Commissary General and Quartermaster General of this State.

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

        Mr. President:

        The House of Representatives, have concurred in the resolution of the Senate, appointing a joint committee of both branches of the General Assembly, to wait on His Excellency the Governor, and inform him that both Houses are through with their business and now ready to adjourn and to know of him if he has any thing further to communicate to this General Assembly, and have appointed as such committee on part of the House:

        Messrs: Gue of Chatham, Horsley of Upson, and Burts of Chattahoochee.

        The Senate concurred in the resolution of the House of Representatives, requesting Congress to pass an act, to allow Confederate Certificates, to be taken in payment of all public dues, taxes or other evidences of debt by its agents.

        The Senate refused to concur in the resolution of the House of Representatives, relative to the exportations and importations, authorized by the Legislature of the State of Georgia.

        Mr. Sprayberry reported a bill to be entitled an act, to authorize the Governor to call out the effective force of the State, and to organize the same into companies, battalions and regiments, and to provide for a draft in certain cases and for other purposes--which was read the first time.

        Mr. Sprayberry, moved to read the same the second time--which was lost.

        Mr. Pottle from the Conference Committee, on the bill to be entitled an act, to levy aad collect a tax for the political year 1865, and for other purposes, reported that the committee had agreed and recommend that a tax of two-fifths of one per cent, be levied in addition to the amount already levied, and that their action be adopted by the Senate--the report was agreed to, and the bill was passed.

        Mr. Pottle offered the following resolution--which was adopted:

        Resolved, That a committee of three, be appointed to meet a like committee from the House of Representatives, to wait upon His Excellency the Governor, and inform him that both branches of the General Assembly, are now ready to adjourn sine die, which consisted of Messrs:

        Pottle, Walker and Price.

        Also, a resolution, that the Secretary inform the House of Representatives, that the Senate is now ready to adjourn sine die--which was adopted.


Page 166

        Also, a resolution, which was adopted, and is as follows:

        Resolved, That the thanks of the Senate, are due and are hereby tendered, to the President of the Senate.

        Also, to the President pro tempore, for the able and impartial manner in which they have discharged their duties during the present Session of the General Assembly.

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

        Mr. President: The House of Representatives; having concluded the business of the present extraordinary Session of the General Assembly of Georgia, is now ready to adjourn sine die.

        Mr. Baeon offered the following resolution--which was adopted:

        Resolved, That the thanks of the Senate, are due and are hereby tendered to the Messenger pro tem, and Door-keeper, for their promptness and fidelity to duty, during the present Session.

        Mr. Mabry offered the following resolution--which was taken up and adopted:

        Resolved, That the thanks of the Senate, are due and are hereby tendered to the Secretary of the Senate, Lewis H. Kenan, and the Assistant Secretaries, Carey W. Styles, James S. Walker, and John R. Hudson, for their uniform urbanity and fidelity to duty, during the present Session of the General Assembly.

        On motion of Mr. Bacon, the Senate adjourned sine die.



Page 167

INDEX.

SESSION HELD IN MACON, FEBRUARY 1865.

    A.

  • ABSENCE.
  • Absent at roll call, 34.
  • Leave of, granted to--
  • Mr. Simmons messenger, 6.
  • Mr. Sprayberry of the 44th District, 32.
  • Mr. Price, of the 42d District, 32.
  • Mr. Walton, of the 29th District, 32, 35.
  • Mr. Mabry, of the 37th District, 35.
  • Mr. Barr, of the 31st District, 35.
  • Mr. Watkins, of the 35th District, 40.
  • The Finance Committee, 40.
  • Hon. Thomas F. Wells, from the 20th District, 44.
  • Hon. Peter Cone, from the 17th District, 54.
  • Messrs. Gaulden, Underwood, Bennett, Spear, Pate, McRae, and L. H. Kenan, Secy. 55.
  • Committee on Penitentiary, 58,
  • Messrs. Griffin and Blackwell, 61.
  • Mr. Grover, 75.
  • Mr. Bennett, of the 3rd District, 96.
  • Mr. McDonald, of the 6th District, 97.
  • Mr. Baker, from the 4th District, 107.
  • Mr. Galden, 107.
  • President of the Senate, 115.
  • Mr. Hammond, of the 9th District, 138.
  • Mr. Polk, of the 34th District, 139.
  • ADJOURNMENT, 3, 4, 29, 30, 32, 35, 40, 44, 48, 53, 54, 58, 61, 65, 69, 77, 83, 87, 91, 96, 97, 101, 107, 112, 115, 118, 122, 125, 127, 131, 136, 143, 144, 152,
  • Resolution relative to, 43, 69, 72, 135, 149, 154, 165,
    Page 168

  • ADJUTANT INSPECTOR GENERAL,
  • Additional appropriation for, 137.
  • ADMINISTRATORS, EXECUTORS, &c.,
  • Debts contracted before the war, 32, 33, 54, 72.
  • Authorize to sell Confederate Bonds, 44, 46, 104, 132.
  • Legalize administrations made under letters granted from wrong counties, 44, 46, 92.
  • Mary Edmondson, Adm'x. 68, 73, 92.
  • Authorize to make returns in any other county when their counties are overrun by the enemy, 78, 86, 93.
  • Allow non-residents of this State to act as, 101, 107, 117.
  • APPROPRIATIONS,
  • Better to secure to indigent families appropriation for their relief, 42, 47, 62, 69.
  • $2,000,000 additional for indigent families of soldiers, 116, 123, 131, 132, 150.
  • For support of Government, 117, 122, 136, 148, 152.
  • For clothing, shoes, &c., for soldiers, 128, 138, 153.
  • For Orphan Asylum, 136.
  • ASYLUM--LUNATIC.
  • Report of committee on, 63.
  • ORPHAN, Appropriate money for, 136.

    B.

  • BANKS AND BANKING.
  • Amend charter of Central R. R. and Banking Co. 44, 46, 72.
  • Authorize the Georgia R. R. and Banking Co. to close up its business, 56, 65, 72.
  • To prescribe the tax on banking incorporations, 68, 73, 101.
  • Grant relief to the Banks of this State, 68, 74, 117.
  • Suspension of specie payment, 128.

    C.

  • CHAPLAIN.
  • $300 appropriated to Rev. Mr. Wills, 137.
  • CITIES AND TOWNS.
  • Perry--to change the corporate limits of, 46, 67, 106, 108.
  • Cuthbert--amend act incorporating, 67, 73, 154.
  • Marietta--limit the tax on citizens, 68, 72, 91.
    Page 169

  • Madison--legalize election of commissioners, 68, 73, 92.
  • Milledgeville--amend charter, 76, 86, 106.
  • Sparta, amend charter, 76, 86.
  • Fort Valley, amend charter, 76, 86, 106.
  • Reynolds--To incorporate, 128, 133, 153.
  • CIRCUITS--JUDICIAL.
  • Add Worth County to the South-Western, 68, 73, 93.
  • CONSCRIPTION.
  • Res. rel. to, 71, 91, 118, 127, 129, 133.
  • Minority report on resolutions relative to, 134.
  • COTTON CARDS.
  • Res. relative to the distribution of, 115, 118.
  • COMMITTEE.
  • To wait on Hon. T. L. Gurrey, 56.
  • To wait on the Governor, 6, 165.
  • To wait on Hon. W. H. Chambers, 6.
  • On Penitentiary, 40, 77, 89.
  • Select, on bill to remove records of State &c. to Macon, 39.
  • Select, on bill to allow officers in Army to buy clothing from Quartermaster General, 44.
  • To invite Hons. I. L. Harris and W. H. Stiles to seats on the floor, 47.
  • Messrs. Pottle and West added to committee on Confederate Relations, 47.
  • To wait on Gens. Colquitt and Gartrell to seats on the floor, 70.
  • Mr. Mabry added to committee on Penitentiary, 72.
  • Select on bill to pardon T. L. Cox, 93, 94.
  • Select on bill for relief of Habersham county, 100.
  • To examine books of Quartermaster General and Commissary General, 152, 160.
  • Conference committee on Tax Bill, 153.
  • CODE OF GEORGIA.
  • Amend 1670th section, 30, 31.
  • Repeal 4503rd section, 30, 31, 38, 39.
  • Repeal sec. 2562d, 44, 46, 91.
  • Repeal 3rd clause of 1206th section, 76, 86, 106, 144.
  • Amend sections, 4792 and 4793, 77, 86, 105.
  • Amend section 1752, 77, 86, 92.
  • Amend section 4220, 87, 96, 100, 105.
  • Laws that were of force before the Code went into operation, 88, 98, 114.
  • Amend 4011th section, 108, 115, 119, 125, 127.
    Page 170

  • COUNTIES AND COUNTY LINES.
  • Repeal act to change the line between Coweta and Heard, 46, 67, 100.
  • To change the line between--
    • Chattahoochee and Stewart, 46, 67, 92.
    • Merriwether and Coweta, 67, 74.
    • Randolph and Calhoun, 68, 73, 108.
    • Pulaski and Telfair, 68, 74, 99.
    • Wayne and Pierce, 69, 73, 91.
    • Union and Fannin, 76, 86, 108, 144.
    • Worth and Dooly, 116, 123, 144, 154.
    • Repeal part of act to change the line between certain counties, 116, 123, 144.
  • CONVENTION.
  • Resolutions apposing a, 33, 35, 41.
  • Resolutions favoring a, 51, 59, 60.
  • CONSTITUTION.
  • To carry into effect par. 4889 of 4th Art. 35, 39, 66, 144.
  • To carry into effect 1st par. 6th section of 2d Art. 116, 123.
  • CLERKS.
  • To fix the fees of, 36, 39, 44, 66, 131, 132, 136.
  • COMMISSARY GENERAL.
  • Increase the rank of, 65, 75, 85, 131.
  • Res. to appoint a committee to examine the books of, 152.
  • COURTS.
  • CITY.
  • Extend civil jurisdiction of city court of Augusta, 80, 98, 107.
  • SUPERIOR.
  • Authorize Judges to hold sessions at places other than the county sites, 45, 85, 82.
  • Authorize Judges to hold special terms for trial of criminal cases, 45, 65, 89.
  • Change the time of holding in Worth county, 68, 73, 93.
  • Authorize Judges to continue cases where parties are in the army, 100, 107, 117.
  • CONGRESSIONAL DISTICTS.
  • To change the 1st and 2d, 48, 54, 129, 143, 151.
    Page 171

    D.

  • DEEDS, MORTGACES, &c.
  • Require, to be recorded where the record has been destroyed, 87, 96, 105.
  • DISTILLATION.
  • Allow heads of families, to distil certain quantities of spirituous liquors, 32, 33, 87, 96, 111, 112, 118.
  • Relieve persons from penalties for distilling, 32, 33, 39, 43.
  • DIVORCE.
  • To add an additional ground for a total 55.

    E.

  • ELECTIONS.
  • Hon. T. L. Guerry, elected President of the Senate pro tem., 5.
  • Extend the time for returns of, in the army, 59, 65, 82.
  • Provide for holding, for counties overrun by the enemy, 65, 74, 124, 125.
  • Bill in relation to elections in this State, 66, 74.
  • Legalize election of Commissioners in Madison, 68, 73, 92.
  • Require county Treasurers to be elected by the people, 68, 72, 105, 112, 117.
  • Provide for, in the county of Liberty 107.
  • ESTATES.
  • Debts contracted before the war, 32, 33, 54, 72.
  • Authorize Allen M. Walker to receive his estate from his guardian, 34, 40, 91.
  • EDUCATIONAL FUND.
  • Res. relative to distributing to certain counties, 109.
  • EVIDENCE.
  • To change the rule of, 44, 46, 106, 144, 154.
  • Amend the laws of, relative to the gaming laws, 77, 86, 96, 108.
  • EXILES.
  • Support of certain, from Atlanta, 143, 151.

    F.

  • FEES.
    • To fix of Clerks, Sheriffs and other officers, 36, 39, 44, 66, 131, 132, 136.

    Page 172

  • FEME SOLE.
    • Artemesia, A. E. Jones, 128, 143, 151.

    G.

  • GOVERNOR.
  • Message of the, 7.
  • Message of, relative to--Cotton Cards, 51.
  • Military organizations 79.
  • Correspondence between himself and Secretary of War, 84, 85.
  • Shipping Cotton North, for the benefit of our soldiers confined in Federal prisons, 99.
  • Appropriation to buy Corn for destitute counties, &c., 101.
  • Making certain nominations for Judges Superior Courts, 123.
  • Civil officers arresting deserters, &c., &c., 139.
  • Making a nomination for Judge of Flint circuit, 156.
  • Purchase and shipment of Cotton, 157.
  • Making nominations for Solicitors General, 161.
  • GAMING LAWS.
  • Amend the laws of evidence relative to, 77, 86, 96, 108.
  • GENERAL ASSEMBLY.
  • To fix the per diem pay of members of the, 35, 39, 88, 95, 96, 97, 98, 101.
  • GUARDIANS.
  • See "Administrators, Executors, &c."

    H.

  • HABEAS Corpus.
  • Amend the laws of, 76, 86, 91, 96, 97, 153.
  • HOUSE OF REPRESENTATIVES.
  • Message from, 5, 31, 33, 41, 45, 53, 54, 59, 60, 64, 70, 75, 80, 81, 88, 94, 97, 103, 110, 114, 116, 119, 124, 125, 127, 129, 130, 133, 141, 145, 154, 156, 160, 161, 162, 163, 164, 165, 166.
  • HORSE-STEALING.
  • To punish persons convicted of, by whipping and with death, 128, 138, 152.
    Page 173

  • HOTELS.
  • Compel keepers of, to give checks for baggage, 58, 65, 82.
  • HILL, HON. JOHN M.
  • Appeared and took his seat, 125.

    I.

  • IMPRESSMENT.
  • Authorize impressment of private property, 56, 65, 82, 87, 150.
  • INDIGENT FAMILIES.
  • To better secure to, appropriations for their relief, 42, 47, 62, 69.
  • INCORPORATIONS.
  • Metropolitan Telegraph Company, 76, 86, 93.
  • Southern Insurance and Trust Co., 77, 86, 95.
  • Home Insurance Co., 96, 100, 108.
  • INCOME TAX.
  • To levy and collect for 1865, 117, 143.

    J.

  • JUDICIARY.
    • Bill in relation to Juries, 44, 46, 108.
    • Bill to change the rule of evidence &c., 44, 46, 106, 144.
    • Authorize Judges of the Superior Courts to hold sessions at other places than the county sites 45, 65, 82.
    • Authorize Judges of the Superior Courts to hold special terms for trial of criminal cases, 45, 65, 89.
    • To protect persons who are on bonds for the appearance of criminals, 100, 107, 117.
  • JUDICIAL CIRCUITS.
    • See "Circuits--Judicial."
  • JAILORS.
    • Increase the fees of, 131, 132, 136.

    L.

  • LAPSED LEGACIES.
    • Amend the laws in relation to, 128, 138, 153.
  • LAWRENCEVILLE MANUFACTURING CO.,
    • Bill for the relief of, 32, 39, 88.

    M.

  • MANUFACTURING COMPANIES.
  • Relief of Lawrenceville Manufacturing Company, 32, 39, 88.
  • Relief of Eatonton Manufacturing Co., 55, 65, 87, 99.
  • MARRIAGE.
  • Legalize between first cousins, 128, 138, 150.
  • MESSAGE.
  • From House, see "House of Representatives." "Governor, see "Governor."
  • MAIL ROUTES.
  • Resolution to establish between Quitman and Albany, 153.
  • MESSENGER OF THE SENATE.
  • Leave of absence granted to, 6.
  • MEMORIAL.
  • From citizens of Bartow county, 44.
  • MEDICINE.
  • Authorize D. McElvin to practice, 108, 115.
  • MILITARY.
  • Exempt certain persons from militia service, 31, 33.
  • Resolution calling for correspondence between Gov. and Secretary of War, 32.
  • Res. rel. to the command of Lt Col. Beall, 34, 67.
  • Exempt physicians from military service, 34, 39, 47.
  • To remove books, papers, records, &c., of the State to Macon, 34, 39, 52, 53, 66.
  • To allow soldiers to purchase clothing from the Quartermaster General, 35, 40, 43, 55.
  • Resolutions of thanks to Georgia militia and State Line, 36.
  • Mr. Pottle's resolutions favoring a vigorous prosecution of the war, 36, 40, 48, 54.
    Page 175

  • Exempt School Teachers from Militia service, 38, 44, 47, 74, 93, 154.
  • Resolutions relative to enlisting slaves in the army, 42, 52, 64, 119, 135, 138, 144, 149, 150.
  • Repeal portion of act to re-organize the militia, 46, 67.
  • To increase the efficiency of the Georgia militia, 46, 67.
  • Resolutions relative to the payment of the militia 48.
  • Resolutions renewing the assurances of Georgia, &c., 48, 51, 53, 56, 59, 60.
  • Resolutions on the subject of independence and peace, 57, 59, 60.
  • Increase rank of Commissary General and Quartermaster General, 65, 75, 85, 131.
  • Res. relative to the Conscript Law, 71, 91, 118, 127, 129, 133.
  • Limit the power of the Gov., to keep in active service the militia, 74, 85.
  • Res. asking Gov. for information relative to military organizations, 74.
  • Res. from Thomas' Brigade, 115.
  • Bill to re-organize the militia, 119, 128, 146, 148, 151.
  • Res. rel. to the subordination of the military to the civil authorities, 122.
  • Clothing, shoes, &c., for soldiers, 128, 138, 153.
  • Res. relative to the death of Gen. W. H. T. Walker, 135.
  • Res. relative to civil officers arresting deserters, 154.
  • Bill to authorize the Gov. to call out the effective force of the State, &c., 165.

    O.

  • ORGANIZATION.
  • Called to order by L. H. Kenan, Sec'y, 3.
  • Hon. T. L. Guerry called to the Chair, 3.
  • Hon. T. L. Guerry elected President pro tem, 5.
  • Secretary instructed to inform House that the Senate is organized, 5.
  • Committee to wait on Governor 6.
  • ORPHAN ASYLUM.
  • Appropriate money for, 136.
  • OATH.
  • Alter and change, of Tax-payers, 68, 73, 91.
  • Of Tax payers for 1865, 68, 73, 106.
    Page 176

  • ORDINARIES.
  • Recording vouchers, &c., 74, 88.
  • Authorize, to take probate of wills having but two witnesses, 87, 96, 108.
  • Increase fees of, 131, 132, 136.

    P.

  • PARDON.
    • To pardon Terry L. Cox from the Penitentiary, 87, 93, 94, 118.
  • PRINTING.
    • ORDERED--
      • Rules of Senate, 5.
      • List of Senators, 5.
      • Governor's Message, 30.
      • Correspondence between Governor and Secretary of War, 32, 85.
      • Standing Committees, 40.
      • Resolutions opposing the call of a Convention, 41.
      • Resolutions favoring the call of a Convention, 52.
  • PRESIDENT OF THE SENATE.
    • Hon. T. L. Guerry elected, pro tem, 5.
    • Leave of absence granted to, 115.
    • Thanks to 166.
  • PHYSICIANS.
    • To exempt from military service, 34, 39, 47.
    • Authorize D. McElvin to practice medicine, 108, 115.
  • PENITENTIARY.
    • Res. relative to repairs, &c, 100.
    • Res. to abolish, 31.
    • Res. to appoint a committee to examine, 40.
    • Report of committee on, 77, 89.
    • Pardon T. L. Cox from 87, 93, 94, 118.
    • Report of Master Armorer, 89.

    Q.

  • QUARTERMASTER GENERAL.
  • Allow soldiers to buy clothing from, 35, 40, 43, 55.
  • Increase the rank of, 65, 75, 85, 131.
  • Res. to appoint a committee to examine books of, 152.
  • QUORUM.
  • No Quorum present, 34.
    Page 177

    R.

  • RAILROADS.
  • Amend charter of Central R. Road and Banking Co., 44, 46, 72.
  • Res. relative to building a Railroad from Thomasville to Albany, 56, 61.
  • Res. relative to iron of Macon and Brunswick Railroad, 61.
  • Res. relative to trains of W. & A. R. R., 117.
  • RULES OF SENATE.
  • Rules of last session adopted, 5.
  • Ordered printed, 5.
  • ROLL CALL. 3, 4.
  • RELIEF.
  • Lawrenceville Manufacturing Co., 32, 39, 88.
  • Tax payers who have lost property by the enemy, 83, 35, 39, 43, 83.
  • J. D. Frierson, Trustee, 44, 46.
  • Alex. W. Wylley of Berrien county, 48, 54, 66.
  • Eatonton Manufacturing Co., 55, 65, 87, 99.
  • Of Tax Payers in certain cases, 59, 67, 83.
  • Of Tax Receives, 68, 73, 103.
  • Certain persons elected to civil offices, 68, 73, 109, 112.
  • B. M. McIntosh of Brooks, 68, 73, 92.
  • Banks of this State, 68, 74, 117.
  • Persons who failed to give in their taxes for 1864, 69, 73, 106, 108, 153.
  • Tax Collectors, 69, 74, 105.
  • Habersham county, 76, 86, 100, 114, 118.
  • Res. relative to the relief of certain counties, 152.
  • RESOLUTIONS.
  • Tending seats on floor of Senate to Hons. C. C. Clay, B. H. Hill and Howell Cobb, 5.
  • Hon. W. H. Chambers invited to a seat on the floor, 6.
  • Referring Gov.'s message to appropriate committees, 29.
  • Reporters for the public press invited to seats on the floor, 30.
  • Authorizing Sec'y to furnish four tables for the use of the Senate, 30.
  • To abolish the Penitentiary system, 31.
  • Authorize the Treasury to rent an office in Macon, 31.
    Page 178

  • Calling for correspondence between the Gov. and Sec'y of War, 32.
  • Opposing the call of a Convention, 33, 35, 41.
  • Rel. to the command of Lt. Col. Beall, 34.
  • Favoring a vigorous prosecution of the war, &c., 36, 40, 48, 51, 54, 56, 59, 60.
  • To appoint a committee to examine the Penitentiary, 40.
  • Relative to enlisting slaves in the army, 42, 52, 64, 119, 135, 138, 144, 149, 150.
  • Rel. to adjournment, 43, 69, 135, 149, 154.
  • Inviting Hons. I. L. Harris and W. H. Stiles to seats on the floor, 45, 47.
  • Relative to salt for soldiers families in Walton co., 48, 54.
  • Rel. to paying the militia, 48.
  • Favoring a Convention, 51, 59, 60.
  • Relative to building a Railroad between Thomasville and Albany, 56, 61.
  • On the subject of independence and peace, 57, 59, 60.
  • Rel. to the iron of the Macon and Bruswick Railroad, 61.
  • Requesting Gov. to forward a copy of resolutions pledging the resources of the State, to each Brigade commander from Georgia, 61.
  • Requesting information from the Governor relative to the amount of cotton bought by the State &c., 65.
  • Inviting Gens. Colquitt and Gartrell to scats on the floor, 70.
  • Relative to the Conscript Law, 71, 91, 118, 127, 129, 133.
  • Asking Gov. for information relative to military organizations, 74.
  • Rel. to per diem pay of members, 88, 95, 96, 97.
  • Rel. to repairs &c., on Penitentiary, 100.
  • Rel. to compilation of the Laws, 100.
  • To furnish members and certain officers with Waters' Pamphlet, 102.
  • Relative to passing acts at one reading, 107.
  • Rel. to distributing Educational fund to certain counties, 109.
  • Rel. to persons who have been prevented from giving in their fax for 1864, by being overrun by the enemy, 113.
  • From Thomas' Brigade, 115.
  • Relative to the distribution of Cotton Cards, 115, 118.
  • Rel. to trains of W. & A. R. R., 117.
    Page 179

  • Rel. to the subordination of the military to the civil authorities, 122.
  • Rel. to the death of Maj. Gen. W. H. T. Walker, 135.
  • Rel. to observance of fast day, 138.
  • Rel. to Assistant Clerk of State Treasurer, 143.
  • That no member shall speak longer than five minutes, 145.
  • To allow the Secretay of State to appoint a Clerk, 148.
  • Relative to the establishment of a picket line, 151.
  • To appoint a committee to examine books of Quarter-master General and Commissary General, 152.
  • Requesting action of Congress relative to the the support of indigent soldiers' families, 152.
  • Relative to the relief of certain counties, 152.
  • Rel. to mail route from Quitman to Albany, 153.
  • Rel. to civil officers arresting deserters, 154.
  • Rel. to Confederate certificates, 165.
  • Rel. to exportations and importations, 165.
  • That the Sec'y inform House that Senate is ready to adjourn sine die, 165.
  • Thanks to the President of the Senate, 156.
  • Thanks to the Messenger and Door Keeper, 166.
  • Thanks to the Secretary and Assistant Secretaries, 166.
  • REVENUE.
  • To raise a, for 1865, 117, 122, 136, 148, 152.

    S.

  • SHERIFFS.
  • To fix the fees of, 36, 39, 44, 66, 131, 132, 136.
  • SECRETARIES EX. DEPARTMENT.
  • $700 appropriated to each, 136.
  • SPIRITUOUS LIQUORS.
  • Allowed heads of families to distil certain quantities, 32, 33, 87, 96, 111, 112, 118.
  • Relieve persons from penalties for distilling, 32, 33, 39, 43.
  • Retail of in Fort Valley, 76, 86, 106.
  • STAY LAW.
  • To re-enact, 128, 138, , , 149.
    Page 180

  • SCHOOL TEACHERS.
  • To exempt from militia service, 38, 44, 47, 67, 74, 93, 154.
  • Increase the per diem pay of, 47, 67, 74.
  • SLAVES.
  • Res. relative to enlisting in the army, 42, 52, 64, 119, 135, 138, 144, 149, 150.
  • SOLDIERS.
  • Appropriate $2,000,000 additional for indigent families of, 116, 123, 131, 132, 150.
  • Appropriate money to buy clothing, shoes, &c., for, 128, 138.

    T.

  • TAX-PAYERS.
  • Relief of, who have lost property by the enemy, 33, 35, 39, 43, 83.
  • Relief of in certain cases, 59, 67, 83.
  • Alter and amend the oath of, 68, , 73, 91, 106.
  • TAXES.
  • Relieve Paulding and Polk counties from the payment of, 33, 39, 83.
  • Relieve certain counties from paying, for 1864, 43, 46, 83.
  • Prescribe the tax on banking incorporations, 68, 73, 101.
  • Relief of persons who failed to give in, for 1864, 69, 73, 82, 106, 108, 113, 153.
  • Limit on citizens of Marietta, 68, 72, 91.
  • Exempt widows, &c., from 76.
  • D. H. B. Troup, 77, 86, 92, 97, 99.
  • Lands which are rented out for agriculture, 99, 107, 114.
  • On net incomes, 117, 143.
  • Levy and collect for the political year 1865, 119, 123, 128, 148, 149, 152, 165.
  • Exempt property of widows, &c., from taxation, 128, 138, 151.
  • THARP, BENJ.
  • Legalize and make valid the last will and testament of, 30, 31, 38.
  • TREASURERS--COUNTY.
  • Require to be elected by the people, 68, 72, 105, 112, 117.
  • TREASURER--STATE.
  • Authorize to rent an office in Macon, 31.
  • Rel. to an additional Clerk for, 136, 143.
    Page 181

  • TAX COLLECTORS AND RECEIVERS.
  • Extend the time of settlement with Tax Collectors, 30, 31, 43.
  • For relief of Tax Receivers, 68, 73, 103.
  • For relief of Tax Collectors, 69, 74, 105.
  • Increase the compensation of 76, 86, 91.
  • TREASURY NOTES.
  • Extend the time for the redemption of State, 43, 46, 72.
  • Certificates of deposit for, 68, 73, 100, 103, 107, 121.

    U.

  • UNFINISHED BUSINESS.
    • Of last session, 6.

    W.

  • WATERS' PAMPHLET.
  • Res. to furnish to members, &c., 102.
  • WESTERN & ATLANTIC R. R.
  • Res. relative to trains of, 117.

    Y.

  • YEAS AND NAYS.
  • On resolution opposing the call of a Convention 34.
  • "On bill to remove the archives of the State, &c. 53.
  • "On bill to add an additional ground for a total divorce, 56.
  • On res. favoring the call of a Convention, 61.
  • On res. offered by Mr. Pottle, renewing the assurance of Georgia, &c. 61
  • On bill for the better securing to indigent soldiers families, appropriations for their relief, , 62, 70
  • On res. rel. adjournment, 69, 135
  • On bill to relieve certain persons from the payment of taxes in certain cases, 84
  • On res. relative to the per diem pay of members, 88, 97.
  • On motion to reconsider bill to amend laws relative to Habes Corpus, 96
  • On bill to authorize Administrators, Executors, &c., to sell Confederate Bond in certain cases, 105
  • On bill to allow heads of families to distil a certain quantity of spirituous liquors, 111, 112, 118.
  • On res. relative to the subordination of the military to the civil authorities, 122
    Page 182

  • On bill to appropriate $$2000,000, additional to soldiers families, 132.
  • On Resolutions rel. to suspension of Conscript Act, 134, 135.
  • On amendment to appropriation bill to appropropriate $15,000 for relief of John Jones, 137.
  • On bill to re-organize the militia, 147.
  • On bill to levy and collect a tax for 1865, 149, 152.
  • On re-enactment of the stay law, 150.
  • On Res. relative to the enlistment of slaves in the army, 150