Journal of the Public and Secret Proceedings
of the
Convention of the People of Georgia,
Held in Milledgeville and Savannah in 1861, Together with
the Ordinances Adopted:
Electronic Edition.
Georgia. Convention of the People
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Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill, 1999.
Call number 1518 Conf. 1861
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Library of Congress Subject Headings,
21st edition, 1998
LC Subject Headings:
Secession -- Georgia.
Legislation -- Georgia.
Georgia -- Politics and government -- 1861-1865.
Constitutions -- Georgia.
Constitutions -- Confederate States of America.
1999-08-30,
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JOURNAL
OF THE
PUBLIC AND SECRET PROCEEDINGS
OF THE
CONVENTION OF THE PEOPLE
OF
GEORGIA
HELD IN MILLEDGEVILLE AND SAVANNAH IN 1861.
TOGETHER WITH THE ORDINANCES ADOPTED.
PUBLISHED BY ORDER OF THE CONVENTION.
MILLEDGEVILLE, GA.:
BOUGHTON NISBET& BARNES, STATE PRINTERS .
1861.
JOURNAL OF THE CONVENTION,
HELD AT MILLEDGEVILLE IN OPEN SESSION.
MILLEDGEVILLE, GEORGIA,
WEDNESDAY, JANUARY 16, 1861.
In accordance with a proclamation issued by his Excellency,
JOSEPH E. BROWN, Governor of Georgia, bearing date
21st November, 1860, delegates from the several counties
of this State, duly elected by the people thereof, assembled
this day in the Capitol, and at the hour of half past ten
o'clock A.M., on the motion of Mr. Styles, of Ware, the Hon.
Henry L. Benning, a delegate from the county of Muscogee,
was called to the chair, and Arthur Hood, Esq., a delegate
from the county of Randolph, was appointed Secretary, for
the purpose of organization.
The Governor's proclamation convening this body was
then read, and, on motion, the Secretary proceeded to call
the counties, when the following delegates, from the counties
prefixed to their names, upon the presentation of certificates
of election, were duly enrolled as members of the Convention:
Appling--Seaborn Hall, J. H. Latimer.
Banks--W. R. Bell, S. W. Pruett.
Baker--A. H. Colquitt, C. D. Hammond.
Baldwin--A. H. Kenan, L. H. Briscoe.
Berrien--W. J. Mabry, J. C. Lamb.
Bibb--Washington Poe, John B. Lamar, E. A. Nisbet.
Carroll--B. W. Wright, B. W. Hargrave, Allen
Rowe.
Cass--W. T. Wofford, H. F. Price, T. H.
Trippe.
Catoosa--Presley Yates, J. T.
McConnell.
Charlton--F. M. Smith, H. M.
Mershon.
Chatham--F. S. Bartow, A. S. Jones, John W.
Anderson.
Chattooga--Wesley Shropshire, L.
Williams.
Cherokee--W. A. Teasley, E. E. Fields, John
McConnell.
Clark--T. R. R. Cobb, Asbury Hull, Jefferson
Jennings.
Clayton--R. E. Morrow, James F.
Johnston.
Clay--W. H. C. Davenport, B. F.
Burnett.
Clinch--Benjamin Sermons, F. G.
Ramsey.
Cobb--G. D. Rice, A. A. Winn, E. H.
Lindley.
Coffee--Rowan Pafford, J. H.
Frier.
Columbia--W. A. S. Collins, H. R. Casey, R. S.
Neal.
Colquitt--H. C. Tucker, John G.
Coleman.
Coweta--A. B. Calhoun, J. J. Pinson, W. B.
Shell.
Crawford--W. C. Cleveland, Isaac
Dennis.
Dade--S. C. Hale, R. M.
Pariss.
Dawson--Alfred Webb, R. H.
Pierce.
Decatur--Richard Simms, C. J. Munnerlyn, B. H.
Gee.
De Kalb--Charles Murphy, G. K.
Smith.
Dooly--John S. Thomas, Elijah
Butts.
Dougherty--Richard H. Clark, C. E.
Mallary.
Early--R. W. Sheffield, James
Buchanan.
Echols--Harris Tomlinson, J. B.
Prescott.
Effingham--E. W. Solomons, A. G.
Porter.
Elbert--J. C. Burch, L. H. O.
Martin.
Emanuel--A. L. Kirkland, John
Overstreet.
Fannin--W. C. Fain, E. W.
Chastain.
Fayette--M. M. Tidwell, J. L.
Blalock.
Floyd--James Ward, Simpson Fouche, F. C.
Shropshire.
Forsyth--Hardy Strickland, H. P.
Bell.
Franklin--John H. Patrick, Samuel
Knox.
Fulton--J. F. Alexander, L. J. Glenn, J. P. Logan. Page 5
Glasscock--Joshua F. Usry, Calvin
Logue.
Gilmer--Joseph Pickett, W. P.
Milton.
Gordon--W. H. Dabney, James Freeman, R. M.
Young.
Greene--N. M. Crawford, R. J. Willis. T. N.
Poullain.
Gwinnett--R. D. Winn, J. P. Simmons, T. P.
Hudson.
Habersham--R. C. Ketchum, Singleton
Sisk.
Hall--E. M. Johnson, P. M. Byrd, Davis
Whelchel.
Hancock--Linton Stephens, B. T. Harris, T. M.
Turner.
Haralson--W. J. Head, A. R.
Walton.
Harris--D. P. Hill, W. J. Hudson, H. D.
Williams.
Hart--R. S. Hill, J. E. Skelton.
Heard--R.
P. Wood, C. W. Mabry.
Henry--F. E. Manson, E. B. Arnold, J. H.
Low
Houston--J. M. Giles, D. F. Gunn,
B.W. Brown.
Irwin--M. Henderson, Jacob
Young.
Jackson--J. J. McCulloch, J. G. Pitman, D. R.
Lyle.
Jasper--Aris Newton, Reuben Jordan,
Jr.
Jefferson--H. V. Johnson, George
Stapleton.
Johnson--William Hust, J. R.
Smith.
Jones--James M. Gray, P. T.
Pitts.
Laurens--Nathan Tucker, J. W. Yopp.
Lee--W. B.
Richardson, Goode Bryan.
Liberty--W. B. Fleming, S. M.
Varnadoe.
Lowndes--C. H. M. Howell, Isaiah
Tilman.
Lumpkin--Benjamin Hamilton, William
Martin.
Madison--J. S. Gholston, A. C.
Daniel.
Macon--W. H. Robinson, J. H.
Carson.
Marion--W. M. Brown, J. M.
Harvey.
McIntosh--J. M. Harris, G. W. M.
Williams.
Meriwether--H. R. Harris, W. D. Martin, Hiram
Warner
Miller--W. J. Cheshier, C. L.
Whitehead.
Milton--Jackson Graham, J. C.
Street.
Mitchell--William T. Cox, Jesse
Reed.
Monroe--R.L. Roddey, Hiriam Phinizy, jr., J. T. Stephens.
Montgomery--T. M.
McRae, S. H. Latimer.
Morgan--Thomas P. Saffold, Augustus
Reese.
Murray--Anderson Farnsworth, Euclid
Waterhouse.
Muscogee--J. N. Ramsey, Henry L. Benning, A. S.
Rutherford.
Page 6
Newton--W. S. Montgomery, Alexander Means, Purmedus
Reynolds.
Oglethorpe--D. D. Johnson, Samuel Glenn, Willis
Willingham.
Paulding--Henry Lester, J. Y.
Algood.
Pickens--James Simmons, W. T. Day.
Pierce--E.
D. Hendry, J. W. Stephens.
Pike--R. B. Gardner, G. M.
McDowell.
Polk--W. E. West, T. W.
Dupree.
Pulaski--T.J. McGriff, C. M.
Bozeman.
Putnam--R. T. Davis, D. R.
Adams.
Quitman--E. C. Ellington, L. P.
Dozier.
Rabun--Samuel Beck, H. W.
Cannon.
Randolph--Marcellus Douglas, Arthur
Hood.
Richmond--George W. Crawford, J. Phinizy, Sr., J. P.
Garvin.
Schley--H. L. French, W. A.
Black.
Scriven--C. Humphries, J. L.
Singleton.
Spalding--W. G. Dewberry, Henry
Moor.
Stewart--James A. Fort, James Hilliard, G. Y.
Banks.
Sumter--W. A. Hawkins, T. M. Furlow, Henry
Davenport.
Talbot--W. R. Neal, W. B. Marshall, L. B.
Smith.
Taliaferro--Alexander H. Stephens, S. H.
Perkins.
Tatnall--Benjamin Brewton, Henry
Strickland.
Taylor--W. J. F. Mitchell, H. H.
Long.
Telfair--H. McLean, James
Williamson.
Terrell--William Harrington, D. A.
Cochran.
Thomas--A. H. Hansell. S. B. Spencer, W. G.
Ponder.
Towns--John Corn, Elijah Kimsey.
Troup--B. H.
Hill, W. P. Beasley, J. M. Beall.
Twiggs--John Fitzpatrick, S.
L. Richardson.
Union--J. H. Huggins, J. P.
Welborn.
Upson--P. W. Alexander, T. S. Sherman.
Walker--G. G. Gordon, R. B.
Dickerson, T. A. Sharpe.
Walton--George Spence, Willis Kilgore,
H. D. McDaniel.
Ware--W. A. McDonald, C. W.
Styles.
Warren--M. D. Cody, N. A.
Wicker.
Wayne--Henry R. Fort, H. A.
Cannon.
Washington--E. S. Langmade, Lewis Bullard, A. C. Harris.
Page 7
Webster--P.F. Brown, M. H. Bush.
White--Isaac Bowen,
E. F. Starr.
Whitfield--J. M. Jackson, F. A. Thomas, Dickerson
Taliaferro.
Wilcox--D. A. McLeod, Smith
Turner.
Wilkes--Robert Toombs, J. J. Robertson.
Wilkinson--N. A. Carswell, R. J. Cochran.
Worth--R. G. Ford, Sr., T.T. Mounger.
The official returns of the election of delegates from the
counties of Chattahoochee, Glynn, and Lincoln, not having
been received at the Executive Department, certificates of
election could not be procured by the delegates from those
counties, whereupon,
On motion of Mr. Stephens, of Taliaferro, it was unanimously
resolved that the delegates elected from those counties
do enrol their names, and participate in the action of
the Convention.
Those counties are therefore represented as follows:
From the county of Glynn, John L. Harris, and H. B.
Troup.
From the county of Lincoln, La Fayette Lamar, and C.
R. Strother.
From the county of Chattahoochee, A. H. Flewellen, and
William Davis.
By direction of the Chairman, the roll was called, and it
being ascertained that a quorum was present, the Chairman
stated it had been suggested to him, that, before proceeding
further, it would be appropriate, by prayer, to seek
the blessings of God upon the deliberations of this Convention;
in which suggestion he most heartily concurred.
Whereupon, by request, the Reverend Mr. Williamson, a
delegate from the county of Telfair, in an impressive and
fervent manner, performed that duty.
Mr. Kenan then moved that the Convention proceed to
the election of a President--pending which,
On motion of Hull, George W. Crawford, a delegate from
the county of Richmond, was chosen President by acclamation.
On motion, Messrs. Hull, Stephens, of Taliaferro, and
Kenan, were appointed a committee to notify the President
of his election, to request his acceptance, and conduct him
to the chair.
The President on taking the chair, addressed the Convention,
and tendered his acknowledgements for the honor conferred
upon him.
The Convention then proceeded to the election of a Secretary,
which, on the third ballot, resulted in the election
of Albert R. Lamar, of the county of Muscogee.
On motion of Mr. Wright, by acclamation, Jesse Oslin,
of the county of Cobb, was appointed Messenger, and William
Atkins, of Oglethorpe county, Door Keeper.
On motion of Mr. Fouche, the following committed was
appointed by the President to report upon Rules to govern
the deliberations of this Convention, to wit:
Messrs. Fouche,
Hill, of Troup,
Clarke.
Mr. Fleming offered the following resolution:
Resolved, That a committee of three be appointed by the
President to wait upon the Commissioners of South Carolina
and Alabama, now in this city, to ascertain when it
will be convenient for them to address this Convention, and
also, to invite them to take seats with this body.
The resolution was adopted, and the President appointed
Messrs Fleming, Rice, and Trippe that committee.
On motion of Mr. Cobb, the following committee was
appointed by the President to make arrangements with the
Reverend Clergy of this city and vicinity, so that the services
of some one of them may be secured to open with
prayer the deliberations of the Convention on each day of
its session, to wit:
Messrs. Cobb,
Varnadoe,
Briscoe.
On motion of Mr. Bartow, it was unanimously resolved,
that one of the standing rules of this Convention shall be
the suppression of all applause or other noisy demonstration
during, or following the remarks of any delegate.
The Convention then adjourned till ten o'clock to-morrow
morning.
THURSDAY MORNING, JANUARY, 17, 1861.
The Convention met pursuant to adjournment; after
prayer by the Rev. Mr. Evans, the roll was called, and a
quorum being present, the journal of yesterday was read,
when the President announced that communications from
South Carolina and Alabama, were before him, which, on
motion of Mr. Stephens, of Taliaferro, were read, and on
motion of Mr. Toombs were ordered to be printed for the
use of the Convention.
A communication was also received from the Mayor of
Atlanta, by the President, in which, by a resolution of the
Mayor and Council of that city, this Convention was requested
to appoint Atlanta as the place of holding the Convention
for the purpose of forming a Southern Confederacy.
On motion of Mr. Anderson, the communication was laid
on the table for the present.
Mr. Fleming, from the committee to wait on the Commissioners
from South Carolina and Alabama accredited to
this Convention, reported that the committee had disharged
that duty, and that the Hon. James L. Orr, the Commissioner
from South Carolina, and the Hon. John G. Shorter,
the Commissioner from Alabama, had accepted the invitation
of, and would address the Convention at any hour it
would suggest.
Whereupon, on motion of Mr. Stephens of Taliaferro, the
committee was directed to inform said Commissioners, that the
Convention would be ready to receive and hear them at
the hour of 12 M. of this day.
Mr. Fouche, from the committee on rules for the government
of the Convention in its deliberations, reported the
following, to-wit:
RULES OF THE CONVENTION, FOR 1861.
1st. The President having taking the Chair, a quorum being
present, (to ascertain which the President may order
the roll to be called which shall otherwise be omitted,) the
Journal of the preceding day shall be read; immediately,
after which, it shall be in the power of any member to move
for a reconsideration of any matter therein contained, (provided
such member, at the time of reading such matter,
shall notify the Convention of his intention to move such
reconsideration,) except such matter as has been heretofore
reconsidered.
2d. Every ordinance or resolution having been lost or
passed, and again reconsidered, shall, immediately thereafter
by the Secretary of the Convention, be placed on file in the
standing order, and be taken up accordingly, and take
precedence from the time of reconsideration only unless otherwise
directed by the Convention.
3d. No member shall speak to another, or otherwise
interrupt the business of the Convention, while the journal or
public papers is reading, or when any member is speaking in
debate.
4th. When any member is about to speak, or deliever any
matter in the Convention, he shall rise from his seat and
address himself to the Chair; he shall confine himself to the
question under consideration, and at all times avoid personality.
5th. No member shall speak more than twice in any
one debate, on the same day, without leave of the Convention.
6th. When two members rise to speak, the first that rises
shall be first in order, which shall be determined by the
President.
7th. No motion shall be put or debated until the same be
seconded.
8th. When a motion is made and seconded. it shall be
reduceed to writing, when required by the President or any
member, delivered in at the table, and read, before the same
shall be debated.
9th. When a question is before the Convention, no motion
shall be received, but to adjourn; to lie on the table, to
postpone indefinitely; to postpone to a day certain; to commit
or amend; which several motions shall have precedence
in the order they stand here arranged. The motion for adjournment
shall always be in order, and decided without debate;
but the motion for adjournment a second time shall
be out of order, until the question before the Convention is
first disposed of.
10th. The previous question being moved and seconded
by a majority, the question from the Chair shall be: "Shall
the main question now be put ?" and if the yeas prevail the
question shall then be put.
11th. If a question in debate contains several points, any
member may have the same divided.
12th. When the yeas and nays are called by two members,
each member called upon shall (unless excused) declare
openly and without debate, his yea or nay to the question,
and upon the call of the House, the members shall be
taken by their names in alphabetical order; and no member
shall be allowed to change his vote after the same has
been pronounced by the Chair, unless by consent of the
Convention.
13th. When a member wishes to introduce a resolution
or ordinance, he shall rise from his seat, address the Chair,
read the caption, and on leave report the resolution or ordinance
instanter; and these reports, in point of order, shall
hold the place of reports from committees. But all resolutions
expressing the opinion of the Convention, shall lie at
least one day on the table, unless otherwise ordered by a
majority of the Convention.
14th. No ordinance shall be committed until it shall have
been twice read, after which it may be referred to a Committee.
15th. When a member is called to order, he shall take
his seat until the President shall have determined whether
he is in order or not; every question of order shall be decided
by the President without debate; but if there is a
doubt in his mind, he shall call for the sense of the Convention.
16th. If a member be called to order for words spoken,
the exceptionable words shall be immediately taken down
in writing, that the President may be better enabled to judge
of the matter.
17th. When a blank is to be filled, and different sums and
different days are proposed, the question shall be taken on
the highest sum and most distant day first.
18th. All petitions shall be numbered as they are received,
and taken up and decided on in the same order as they
were received.
19th. No member shall absent himself from the service
of the Convention, without leave first obtained; and in case
a less number than a quorum of the Convention shall convene,
they are hereby authorized to send any person or persons
by them authorized, for any and all absent members,
as a majority of such members present shall agree, at the
expense of such absent members respectively, unless such
excuse for non-attendance shall be made as the Convention
when a quorum is convened, shall judge sufficient.
20th. No member shall leave his seat after adjournment,
until the President shall have left the room.
21st. When any communication is received from the
Governor, it shall be in order to take it up as soon as the
matter then under consideration is disposed of.
22d. The unfinished business in which the Convention was
engaged at the last preceding adjournment, shall have the
preference in the order of the day, and no motion or any
other business shall be received until the former is disposed
of. And the Secretary shall preserve the unfinished business
at the close of the present Session, subject to the order
of the Convention at the next Session.
23d. No standing rule of the Convention shall be altered
without one day's notice being given, expressing the intended
alteration; nor shall any rule of the Convention be dispensed
with, except by a vote of two-thirds of the members
present.
24th. The Secretary, Assistant Secretary, and Engrossing
and Enrolling Clerks shall be sworn, or affirmed, before the
presiding officer of the Convention, to discharge their respective
duties faithfully, and to the best of their skill and
ability; of which oath or affirmation, an entry shall be made
in the Journals before they enter upon the discharge of
their duties.
25th. The President may at any time call a member of
the Convention to the Chair, to preside over its deliberations
for that day's session, and no longer.
26th. All ordinance read a second time and referred to the
Committee of the Whole, shall, unless otherwise ordered by
the Convention, be taken up as reports of the Committee.
The report was received and adopted, and 500 copies ordered
to be printed, under the supervision of the committee.
The President then proceeded to admininister the oath
required by the 24th rule, to the Secretary.
On motion of Mr. Strother, of Lincoln, the following resolution
was adopted:
Resolved, That the President of this Convention be authorized
to direct seats to be provided on this floor for reporters
and other representatives of Southern presses, as
far as may be practicable during open session.
On motion of Mr. Glenn, of Fulton, it was
Resolved, That the Secretary of this Convention, be authorized
to appoint an assistant Secretary, and a Recording Clerk.
Whereupon, The Secretary appointed Jno. H. Steele of Fulton
county, assistant Secretary, and J. M. Patton of Bibb
county. Recording Clerk; to each of whom the oath required
by the 24th rule, was administered by the President.
On motion of Mr. Bartow, it was
Resolved, That His Excellency, Governor Brown, and ex-Governor
Howell Cobb, be invited to take seats upon the
floor:
And, on motion of Mr. Kenan, the same privilege was extended
to the Judges of the Supreme Court, and the Judges
of the Superior Courts of this State.
Mr. Styles offered the to following resolution:
Resolved, That Messrs. Boughton, Nisbet& Barnes be appointed
Printers to this Convention.
Mr. Reynolds moved to amend, so that the printing should
be given to both the printing establishments of this city.
And Mr. Johnston moved further to amend the resolution
by inserting the words, "provided the work shall be done
at the same rates at which the public printing is now done."
Mr. Styles accepted both amendments, and the resolution
as amended, was unanimously adopted.
Mr. Fouche offered the following resolution, which was
taken up, read, and adopted:
Resolved, That His Excellency, the Governor, be requested
to communicate to this Convention, all information in his
possession, which may, in his opinion, be calculated to facilitate
its deliberations and action; and,also, to furnish to the
Convention, if in his power to do so, a copy of the ordinance
by which Georgia became a member of the Union.
The hour of 12 M. having arrived, Mr. Fleming, from the
committee appointed for that purpose, introduced to the
Convention, the Hon. James L. Orr, the Commissioner from
South Carolina, and the Hon. John G. Shorter, the Commissioner
from Alabama.
The President welcomed the Commissioners, and stated
that the Convention was then ready to hear what they
should be pleased to communicate:
Whereupon, The Hon. James L. Orr, and the Hon. John
G. Shorter, both addressed the Convention, explaining the
objects of their mission to this State.
After which, on motion of Mr. Stephens, of Taliaferro,
the Convention adjourned till ten o'clock to-morrow morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
The roll was called, and a quorum being present the
journal was read.
Mr. Hull then introduced the following resolution:
Resolved, That the sessions of this Convention shall be
with closed doors--admitting no one but the members and
officers of the Convention, and those gentlemen who have
been invited to seats on the floor, except when otherwise
specially ordered by the Convention.
Mr. Clarke moved to amend by inserting the words,
"excepting the door of the gallery," upon which a debate
ensued, when Mr. Kenan called for the previous question,
which being seconded, the amendment was cut off, and the
resolution was adopted.
The doors were then closed, when Mr. Nisbet offered the
following resolutions, which were taken up and read:
Resolved, That in the opinion of this Convention, it is
the right and duty of Georgia to secede from the present
Union, and to co-operate with such of the other States as
have or shall do the same, for the purpose of forming a
Southern Confederacy upon the basis of the Constitution
of the United States.
Resolved, That a committee of--be appointed by
the Chair to report an ordinance to assert the right, and
fulfill the obligation of the State of Georgia to secede from
the Union.
He then moved to take up the first resolution.
Whereupon Mr. Johnson, of Jefferson, offered the following
preamble and Ordinance, as a substitute for Mr. Nisbet's,
and moved the reference of both to a committee of twenty-
one:
"The State of Georgia is attached to the Union, and desires
to preserve it, if it can be done consistent with her
rights and safety; but existing circumstances admonish
her of danger: that danger arises from the assaults that
are made upon the institution of domestic slavery, and is
common to all the Southern States. From time to time,
within the last forty years, Congress has attempted to pass
laws in violation of our rights, and dangerous to our welfare
and safety; but they have been restrained by the
united opposition of the South and the true men of the
North, and thus far the country has prospered, and the
South has felt comparatively secure. Recently, however,
events have assumed a more threatening aspect, several
of the non-slaveholding States refuse to surrender fugitive
slaves, and have passed laws the most oppressive to hinder,
obstruct and prevent it, in palpable violation of their
constitutional obligations. The Executive Department of the
government is about to pass into the hands of a sectional,
political party, pledged to principles and a policy which
we regard as repugnant to the Constitution. These considerations,
of themselves, beget a feeling of insecurity
which could not fail to alarm a people jealous of their
rights. By the regular course of events, the South is in
a minority in the Federal Congress, and the future presents
no hope of a restoration of the equilibrium between the
sections, in either house thereof. Hence the Southern
States are in iminent peril, being in the power of a majority,
reckless of constitutional obligations, and pledged to
principles leading to our destruction. This peril is greatly
augmented by the recent secession of South Carolina,
Florida, Alabama and Mississippi from the Union, by which
the Southern States are deprived of the benefit of their
co-operation, and left in a still more hopeless minority in
the Federal Congress. Therefore, whilst the State of Georgia
will not and cannot, compatibly with her safety, abide
permanently in the Union, without new and ample security
for future safety, still she is not disposed to sever her connection
with it precipitately, nor without respectful consultation
with her Southern Confederates. She invokes the
aid of their counsel and co-operation, to secure our rights,
in the Union, if possible, or to protect them out of the
Union if necessary. Therefore,
First. Be it ordained by the State of Georgia in sovereign Convention
assembled, That Delaware, Maryland, Virginia, Kentucky,
North Carolina, Louisiana, Texas, Arkansas, Tennessee
and Missouri, be, and they are hereby respectfully
invited to meet with this State by delegates in a Congress,
at Atlanta, Georgia, on the 16th of February, 1861, to
take into consideration the whole subject of their relations
to the Federal Government, and to devise such a course of
action as their interest, equality and safety may require.
Section second. Be it further ordained, &c., That the independent
Republics of South Carolina, Florida, Alabama
and Mississippi, be, and they are hereby cordially invited to
send Commissioners to said Congress.
Section third. Be it further ordained, That inasmuch as
Georgia is resolved not to abide permanently in this Union
without satisfactory guarantees of future security, the following
propositions are respectfully suggested for the consideration
of her Southern Confederates as the substance of
what she regards indispensable amendments to the Constitution
of the United States, to-wit:
1. That Congress shall have no power to abolish or prohibit
slavery in the territories or any place under their
exclusive jurisdiction.
2. Each State shall be bound to surrender fugitive slaves,
and if any fugitive slave shall be forcibly taken or enticed
from the possession of any officer legally charged therewith
for the purpose of rendition, the United States shall
pay the owner the value of such slave, and the county in
which such rescue or enticement may occur, shall be liable
to the United States for the amount so paid to be recovered
by suit in the Federal Courts.
3. It shall be a penal offence definable by Congress and
punishable in the Federal Courts for any person to rescue
or entice, or to encourage, aid or assist others to rescue or
entice any fugitive slave from any officer legally charged
with the custody thereof, for the purpose of rendition.
4. Whatever is recognized as property by the Constitution
of the United States shall be held to be property in the
Territories of the United States, and in all places over
which Congress has exclusive jurisdiction, and all kinds of
property shall be entitled to like and equal protection therein
by the several departments of the general government.
5. New States formed out of territory now belonging to
the United States, or which may be hereafter acquired, shall
be admitted into the Union with or without slavery as the
people thereof may determine at the time of admission.
6. Congress shall have no power to prohibit or interfere
with the slave trade between the States, nor to prohibit
citizens of the United States passing through, or temporarily
sojourning in the District of Columbia from having
with them their slaves, and carrying them away, but it
shall be the duty of Congress to provide by law for the
punishment of all persons who may interfere with this
right in the same way as is provided for in the foregoing
third proposition.
7. No State shall pass any law to prohibit the citizens of
any other State travelling, or temporarily sojourning therein,
from carrying their slaves and returning with them; and
it shall be a penal offence, definable by Congress, and punishable
by the Federal Courts, for any person to entice away,
or harbor, or attempt to entice away or harbor, the slave or
slaves of such citizen so travelling, or temporarily sojourning.
8. The obligation to surrender fugitives from justice as
provided for under the Constitution of the United States
extends, and shall be held to extend as well to fugitives
charged with offences connected with or committed against
slavery or slave property as to any other class of offences,
and for the purposes of this proposition, whatever is defined
to be a criminal offence in one State shall be deemed
and held a criminal offence in every other State.
9. The Supreme Court having decided that negroes are
not citizens of the United States, no person of African
descent shall be permitted to vote for Federal Officers, nor
to hold any office or appointment under the government of
the United States.
Section fourth. Be it further ordained, &c., That refraining
from any formal demand upon those slaveholding States
which have passed them, of the repeal of the personal
liberty and other acts, in any wise militating against the
rendition of fugitive slaves, or fugitives from justice, yet
the State of Georgia hereby announces her unalterable determination
not to remain permanently in confederation
with those States, unless they shall purge their statute
books of all such acts.
Section fifth. Be it further ordained, &c., That if, between
now and the time of final action upon the question of her
continuance in the Union, the general government should
attempt to coerce any one of the States that have recently
withdrawn, or shall hereafter withdraw therefrom, the State
of Georgia will make common cause with such States, and
hereby pledges all her resources for their protection and
defence.
Section sixth. Be it further ordained, &c., That the State
of Georgia will continue to hold, until her final decision
in the premises, the possession of Fort Pulaski, and all
other Federal property within her borders, which have been
seized under the direction and authority of His Excellency
the Governor of this State.
Section seventh. Be it further ordained, &c., That a
Commissioner be appointed by this Convention to each of
the slaveholding States, now members of the Federal
Union, to inform them of the action of Georgia, and to
urge their conformity to the policy herein indicated, and
that in response to the request of Alabama, this Convention
will also appoint a Commissioner to the Convention,
which she has invited at Montgomery on the 4th of February
next, who is hereby instructed to urge upon that Convention
so to shape their action as to conform to, and co-operate
with, that of the proposed Congress at Atlanta, on
the 16th day of the same month.
Section eighth. Be it further ordained, &c., That if all
effort fail to secure the rights of the State of Georgia in
the Union, and she is reluctantly compelled to resume her
separate independence, she will promptly and cordially
unite with the other Southern States similarly situated, in
the formation of a Southern Confederacy upon the basis of
the present Constitution of the United States.
Section ninth. Be it further ordained, That this Convention
will adjourn, to meet again on the twenty-fifth day of
February next, to take such action in the premises as may
be required by the proceedings of the Congress at Atlanta,
and the development of intervening events, keeping steadfastly
in view the rights, equality and safety of Georgia,
and her unalterable determination to maintain them at all
hazards, and to the last extremity.
After an elaborate discussion, in which Messrs. Nisbet,
Johnson, of Jefferson, Cobb, Stephens of Taliaferro,
Toombs, Means, Reese, Hill, of Troup, and Bartow, participated,
a call was made for the "previous question" which
being sustained under the ruling of the Chair, cut off the
motion to commit, and a vote on the substitute, and brought
the Convention to a direct vote on the first of the original
resolutions of Mr. Nisbet. Whereupon the yeas and nays
were demanded, which being called resulted as follows:
(the President voting in the affirmative) yeas 166, nays 130.
Mr. Nisbet then moved to fill the blank in the second
resolution with the word "seventeen," which agreed to, and
on his motion that resolution was adopted.
The President then announced the following as the
"Committee of seventeen" under said resolution, to-wit:
The following message having been received from His
Excellency the Governor, through Mr. Waters, his Secretary,
was taken up and read:
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, January 18, 1861.
To the Convention:
In response to the resolution delivered to me by your
Secretary on yesterday, I have the honor to state that I
have no official information in my possession, of a character
not generally made public, which could, in my opinion,
facilitate the deliberations and actions of the Convention.
The original ordinance by which this State ratified the
Constitution of the United States, has not, it seems, been
preserved. I find a printed copy of it, however, in a supplement
to the Journal of the Federal Constitution, from
which the copy is taken which is herewith transmitted.
Though not strictly in response to the call made upon
me, I take the liberty to lay before the Convention an original
letter from the Governor of the State of New York,
accompanied by certain joint resolutions passed by the
Legislature of that State, on the eleventh day of this
month, which were received at this Department by the
mail of yesterday.
JOSEPH E. BROWN.
The following is a copy of the communication referred
to by His Excellency, Gov. Brown, and also of the resolutions:
STATE OF NEW YORK.
EXECUTIVE DEPARTMENT,
ALBANY, January 11, 1861.
Sir:
In obedience to the request of the Legislature of this
State, I transmit herewith a copy of the concurrent resolutions
of that body, adopted this day, tendering the aid of
the State to the President of the United States, to enable
him to enforce the Laws, and to uphold the authority of
the Federal Government.
I have the honor to be,
Your Excellency's Obd't Servt,
EDWIN D. MORGAN.
His Excellency, JOSEPH E. BROWN,
Governor of the State of Georgia, Milledgeville.
Concurrent Resolutions tendering aid to the President of the
United States in support of the Constitution and the Union.
STATE OF NEW YORK.
IN ASSEMBLY, January 11, 1861.
WHEREAS, Treason as defined by the Constitution of the
United States, exists in one or more of the States of this
Confederacy, and
WHEREAS, The insurgent State of South Carolina, after
seizing the Post-Office, Custom House, Moneys and Fortifications
of the Federal Government, has, by firing into a
vessel ordered by the Government to convey troops and
provisions to Fort Sumter, virtually declared war; and
whereas, the forts and property of the United States
Government in Georgia, Alabama and Louisiana, have been
unlawfully seized with hostile intentions; and whereas,
further, Senators in Congress avow and maintain their
treasonable acts; therefore
Resolved, (If the Senate concur,) That the Legislature of
New York, profoundly impressed with the value of the
Union, and determined to preserve it unimpaired, hail with
joy the recent firm, dignified and patriotic Special Message
of the President of the United States, and that we tender
to him, through the Chief Magistrate of our own State,
whatever aid in men and money he may require to enable
him to enforce the laws, and uphold the authority of the
Federal Government. And that in defense of"the more
perfect Union," which has conferred prosperity and happiness
upon the American people, renewing the pledge given
and redeemed by our Fathers, we are ready to devote "our
fortunes, our lives, and our sacred honor" in upholding the
Union and the Constitution.
Resolved, (If the Senate concur,) That the Union-loving
Representatives and citizens of Delaware, Maryland, Virginia,
North Carolina, Kentucky, Missouri and Tennessee,
who labor with devoted courage and patriotism to withhold
their States from the vortex of Secession, are entitled
to the gratitude and admiration of the whole people.
Resolved, (If the Senate concur,) That the Governor be
respectfully requested to forward, forthwith, copies of the
foregoing resolutions to the President of the Nation, and
the Governors of all the States of the Union.
The preceding Preamble and Resolutions were duly
passed.
By order. H. A. RISLEY, Clerk.
In Senate, January 11, 1861. The preceding Preamble
and Resolutions were duly passed.
By order. JAMES TERWILLIGER, Clerk.
Mr. Toombs offered the following resolution, which was
taken up, read and adopted:
Resolved, Unanimously, in response to the resolutions of
New York, referred to in the Governor's Message, that
this Convention highly approves the energetic and patriotic
conduct of Governor Brown in taking possession of Fort
Pulaski by Georgia troops, and requests him to hold possession
until the relations of Georgia with the Federal Government
be determined by this Convention: and that a
copy of this resolution be transmitted to the Governor of
New York.
Mr. Bartow offered the following resolution:
Resolved, That the President do appoint the following
"Standing Committees" for the Convention, each to consist
of thirteen members:
1st. A Committee on relations with the slaveholding
States of North-America.
2d. A Committee on Foreign Relations.
3d. A Committee on Commercial Relations, and Postal
Arrangements.
4th. A Committee on Military Affairs.
5th. A Committee on the Constitution of this State,
and the Constitution and Laws of the United States.
Mr. Martin introduced the following resolution:
Resolved, That the Governor be requested to furnish this
Convention with a statement of the result of the election
of delegates for this Convention, specifying the whole number
of votes polled in each county, and the number received
by each candidate.
On motion the Convention then adjourned till 10 o'clock
to-morrow morning.
SATURDAY, JANUARY 19, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Willes.
A quorum being present, the journal of yesterday was
read.
On motion, Mr. Harris, of Meriwether, and Mr. Strother,
of Lincoln, got leave to record their votes upon the resolutions
of Mr. Nisbet adopted on yesterday, they having been
absent when the vote was taken, on account of sickness.
Mr. Clarke moved to reconsider the resolution adopted on
yesterday to close the doors of the hall during the sessions
of this Convention, in order to amend the same by inserting
the words "excepting the door of the gallery."
The motion to reconsider was lost.
Mr. Varnadoe offered the following resolution:
Resolved, That the reporters allowed seats on this floor
by resolution on the second day of its session be permitted
to hold seats in the gallery during the sessions with closed
doors.
The resolution was taken up and lost.
Mr. Martin moved to take up the resolution offered by
him on yesterday, calling upon the Governor for information
concerning the number of votes given by the people
at the election for delegates to this Convention.
The resolution was taken up.
Mr. Hood moved the indefinite postponement of the same.
On motion of Mr. Stephens, of Taliaferro, the Door
Keeper was directed to employ an assistant.
Mr. Nisbet, from the committee appointed to report an
Ordinance to assert the right and fulfil the obligation of the
State of Georgia to secede from the Union, reported the
following:
AN ORDINANCE
To dissolve the Union between the State of Georgia and
other States united with her under a compact of Government
entitled "the Constitution of the United States
of America."
We, the people of the State of Georgia, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained:
That the ordinance adopted by the people of the State
of Georgia in Convention on the second day of January in
the year of our Lord seventeen hundred and eighty-eight,
whereby the Constitution of the United States of America
was assented to, ratified and adopted; and also all acts and
parts of acts of the General Assembly of this State ratifying
and adopting amendments of the said Constitution, are
hereby repealed, rescinded and abrogated.
We do further declare and ordain, That the Union now subsisting
between the State of Georgia and other States,
under the name of the, "United States of America," is
hereby dissolved, and that the State of Georgia is in the
full possession and exercise of all those rights of sovereignty
which belong and appertain to a free and independent State.
The report was taken up, and, on motion of Mr. Toombs,
the ordinance was twice read.
Mr. Hill, of Troup, moved that the preamble and resolutions
offered by Mr. Johnson, of Jefferson, on yesterday,
as a substitute for the resolutions adopted by the Convention
raising the committee to report an ordinance to assert
the right and fulfil the obligation of the State of Georgia
to secede from the Union, be received as a substitute for
the same.
Mr. Nisbet moved that the Ordinance be put upon its
passage.
Whereupon Mr. Simmons. of Gwinnett, offered the following
amendment:
"Provided that this ordinance shall go into effect on the
third day of March next."
Mr. Hood moved the previous question, which being
seconded, the question came up on the passage of the ordinance,
when the yeas and nays were demanded.
There are yeas 208; nays 89--the President voting in the
affirmative--to wit:
Whereupon the President said that it was his privilege
and pleasure to declare that the State of Georgia was free,
sovereign, and independent.
Mr. Beall, of Troup offered the following resolution:
Resolved, That the Secretary of the Convention prepare
parchment upon which to enrol the ordinance of secession
for the signature of the members of the Convention, and
that the same be deposited among the archives of the State
of Georgia.
Mr. Nisbet offered the following as a substitute for the
foregoing:
Resolved, That the ordinance of secession be engrossed,
under the direction of a committee of three to be appointed
by the chair, upon parchment, and reported to the Convention
for signature at 12 o'clock on Monday next, and when
signed that it be deposited in the archives of the State.
Resolved, That the committee appointed by the above
resolution be, and they are hereby instructed to invite his
Excellency the Governor, the Commissioners from South
Carolina and Alabama, and the Judges of the Supreme
Court, who may be in attendance, to be present at the
signing of the ordinance.
The substitute was received and adopted.
The chair announced the following as the committee under
the foregoing resolution, to wit:
Messrs. Beall of Troup,
Varnadoe of Liberty,
Hawkins of Sumter.
On motion of Mr. Bartow, the resolution offered by him
Page 40
on yesterday for the appointment of standing committees,
was taken up and agreed to.
Mr. Bartow offered the following resolution, which was
taken up and read:
Resolved, That until otherwise ordered by this Convention,
the Collectors of Customs and Postmasters within this
State, shall continue to discharge the duties of their offices,
in accordance with the regulations heretofore governing
them.
Mr. Nisbet moved to amend the same by inserting after
the word "Postmasters" the words "and all civil Federal
officers."
The amendment was adopted, and the resolution as amended
was passed.
Mr. Alexander of Upson, offered the following resolutions,
which were read:
Resolved, as the sense of this Convention, That the people of
Georgia would be willing that the Federal Union, now
broken and dissolved, should be reconstructed whenever the
same can be done upon a basis that would secure, permanently
and unequivocally, the full measure of the rights
and equality of the people of the slaveholding States.
Resolved, That we recommend to any Convention that
may be held by the slaveholding States, the consideration
of the policy indicated by the foregoing resolution, and that
said Convention, in the event that it concurs in the same,
should consider and declare the terms and conditions upon
which such reconstruction may be had.
Resolved, That the President of this Convention cause a
copy of these resolutions to be forwarded to any Convention
that may be held by the slaveholding States.
Leave of absence was granted to Messrs. Strother of Lincoln,
and Banks of Stewart, on account of sickness.
On motion of Mr. Hood, the Convention adjourned till
ten o'clock Monday morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present, the journal was read.
Mr. Simms, of Decatur, moved to reconsider so much of
the journal of yesterday, as relates to the passage of the
resolution, offered by Mr. Bartow, in order to strike out the
amendment thereto, concerning "Civil Federal Officers."
The motion did not prevail.
On motion of Mr. Harris of Meriwether, Mr. Martin a delegate
from the same county, was permitted to record his
vote on each of the propositions offered by Messrs. Nisbet
and Johnson, of Jefferson, to the Convention--that delegate
having been prevented from voting on the same by indisposition.
Mr. Martin, therefore, voted in the affirmative for the
substitute offered by Mr. Johnson of Jefferson, and in the
negative on the resolutions offered by Mr. Nisbet, and in
the affirmative on the adoption of the ordinance of secession.
Mr. Fleming laid on the table the following ordinance,
which was read.
AN ORDINANCE
To prescribe the mode in which the acts, records and judicial
proceedings in each of the States lately composing the
Union, known as the United States of America, and the
records and exemplifications of office books, which are or
may be kept in any public office of any such State, not
pertaining to a Court, shall be authenticated so as to
take effect in the State of Georgia.
The people of Georgia in Convention assembled, do ordain and
declare, and it is hereby ordained and declared as follows, to-wit:
1st. That until further legislation by the General Assembly,
the records and judicial proceedings of the Courts of
any of the States lately composing the Union, known as the
United States of America, shall be proved or admitted in
any of the Courts within the State of Georgia, by the attestation
of the Clerk, and the seal of the Court annexed, if
there be a seal, together with the certificate of the Judge,
Chief Justice, or presiding Magistrate, as the case may be,
that the attestation is in due form. And the said records
and judicial proceedings authenticated as aforesaid, shall
have such faith and credit given to them in any Court of
the State of Georgia, as they have law or usage in the
Courts of the State, from which the said records are or shall
be taken.
SEC. 2. That until further legislation, all records and
exemplifications of office books, which are, or may be kept in
any State of such Union, not appertaining to a Court, shall
be proved or admitted in any other Court or office in this
State, by the attestation of the keeper of said records or
books, with the seal of his office thereto annexed, if there be
a seal, together with the certificate of the presiding Justice
of the Court of the county or district, as the case may be,
in which such office is or may be kept, or of the Governor,
Secretary of State, Chancellor or keeper of the great seal of
the State, that the said attestation is in due form and by the
proper officer. And the said certificate if given by the presiding
Justice of a Court, shall be further authenticated by
the Clerk or protonotary of the said Court, who shall certify
under his hand and the seal of his office, that the said presiding
Justice is duly commissioned and qualified, or if the
said certificate be given by the Governor, the Secretary of
State, or keeper of the great seal, it shall be under the great
seal of the State in which such certificate is made. And the
said records and exemplifications authenticated as aforesaid,
shall have such faith and credit given to them within this
State, as they have law or usage in the Courts or office of
the State whence the same are or shall be taken.
SEC. 3. That until such further legislation, the provisions
of this ordinance shall apply to the public acts, records,
office books, judicial proceedings, Courts and offices of the
respective territories, lately of said Union, and countries
lately subject to the jurisdiction thereof.
Mr. Cochran of Wilkinson, laid on the table the following
preamble and resolutions which were read.
"The aggressions of the people of the Northern States, of
the Republic of the United States of America, upon the
constitutional rights of the State of Georgia, having been
deemed by the people of Georgia sufficient cause to impel
her in the maintainance of her rights and honor, to withdraw
her connection with the Federal Union, and to resume
her sovereignty and independence, justice to herself requires
that she should demand her proportional part of the public
property, and intending to preserve untarnished, her honor,
in the discharge of every moral obligation, and in good faith
to the creditors of the General Government, contracted with
while Georgia was a member thereof, urge her to a guarantee
of the payment of her pro rata part of the public debt of
the United States, existing at the time of the act of secession
of this State from the Union.
Be it therefore resolved, That Georgia will demand, and enforce
her rights, to her proportion of the public property,
held by the General Government at the time of the dissolution
of the partnership.
Resolved further, That Georgia will assume and guarantee
the payment of her pro rata part of the public debt of the
United States, existing at the time of her secession from the
Union.
Resolved further, That the foregoing resolutions be
communicated to the Governor, with the request that he lay
them before the Legislature upon its re-assembling, with
the recommendation of this Convention that the Legislature
take such action as may be necessary to carry the same into
effect.
Resolved further, That this Convention of the people of
Georgia, respectfully call the attention of our sister seceding
States to this subject, and ask their co-operation in the policy,
and that the Governor of Georgia be requested to communicate
the same to the respective Governor's thereof."
Mr. Varnadoe offered the following ordinance which was
read:
"Whereas, many of the citizens of Georgia hold office in
the Army or Navy of the United States, who impelled by
patriotic impulses, will resign and return to their native
State:
Therefore, The people of Georgia, in Convention, do hereby
ordain, that such shall be allowed the same rank and
grade in the Army and Navy of the Commonwealth of Georgia,
with the same pay and emoluments, which they receive
in the Army or Navy of the United States."
Mr. Johnson, of Clayton, offered the following resolutions
which were taken up, and read:
"Resolved, That the Hon. T. L. Guerry, President of the
Senate, and the Hon. C. J. Williams, Speaker of the House
of Representatives be, and they are hereby invited to seats
on the floor of this Convention.
And be it further resolved, That the gallery be opened from
day to day, unless otherwise ordered by the President, for
the reception of the ladies, and that this Convention
respectfully invite them to seats in the same."
Mr. Cannon, of Wayne, moved to strike out the word
"ladies," in the last resolution, which was carried.
Mr. Styles moved to insert "reporters," pending the
consideration of which, Mr. Hill, of Troup, moved to strike out
all after the word "President," which was carried.
Mr. Briscoe moved to divide the resolutions, which motion
prevailed.
Whereupon, the first resolution was adopted.
The second resolution as amended, was then put upon its
passage, when
Mr. Styles moved to insert, "and that Reporters be invited
to seats upon the floor."
Mr. Cannon, of Wayne, moved to amend by limiting the
number of reporters to "ten," which motion prevailed.
The amendment of Mr. Styles, as amended did not prevail.
On the question being put, the second resolution in the
following form was adopted, to-wit:
And be it further resolved, That the gallery be opened from
day to day, unless otherwise ordered by the President.
Mr. Nisbet, offered the following preamble and resolution
which were taken up and read:
"Whereas, the lack of unanimity in the action of this Convention,
in passage of the Ordinance of Secession, indicates
a difference of opinion amongst the members of the
Convention, not so much as the rights which Georgia
claims, or the wrongs of which she complains, as to the
remedy and its application before a resort to other means
of redress:
And whereas, it is desirable to give expression to that intention
which really exists among all the members of this
Convention, to sustain the State in the course of action
which she has pronounced to be proper for the occasion,
therefore:
Resolved, That all members of this Convention, including
those who voted against the said ordinance, as well as those
who voted for it, will sign the same as a pledge of unanimous
determination of this Convention to sustain and defend
the State, in this her chosen remedy, with all its responsibilities
and consequences, without regard to individual
approval or disapproval of its adoption."
Mr. Nisbet then moved their adoption, which motion
prevailed.
Mr. Shropshire, of Floyd, laid upon the table the following
resolution, which was read:
"Whereas, it is now, more than ever before, the duty of
Georgia, to husband all her resources, and whereas, an
economical administration of the Government, will greatly
tend to the accomplishment of this object.
Therefore be it resolved, That a committee of,-- be appointed,
whose duty it shall be to inquire into the power
of this Convention, to reduce the number of Senators and
Representatives in the General Assembly of Georgia, and if
the power to do so, exists in this body, to report an ordinance
or such other measure as will effect this purpose, and
on such basis as they may think best.
Mr. Beall, of Troup, from the committee to prepare the
Ordinance of Secession for the signatures of the delegates,
reported that the committee had discharged that duty, and
that the ordinance was engrossed upon parchment, and was
subject to the disposition of the Convention.
Mr. Cobb offered the following resolutions, which were
read:
Resolved, That the committee on foreign affairs (when appointed),
be requested to nominate to this Convention for
its ratification, the names of two proper persons to represent
the State of Georgia, as Commissioners to the Conventions
of the people of the States of Lousiana and Texas respectively.
Resolved further, That the same committee be requested
to consider and report upon the propriety of requesting
those slave-holding States, which shall not have seceded by
the fourth day of February next, to appoint Commissioners
to represent such States, at the Congress of the seceding
States, to be held at Montgomery on that day.
Hethen moved to take up and adopt the first resolution.
Which motion prevailed.
Mr. Martin moved to take up his resolution, directing
that the Ordinance of Secession be published by proclamation
of the Governor, and submitted to the people of this
State for ratification by the 20th of February next, &c.
The motion to take up prevailed.
He then moved that the resolution be adopted.
The motion was lost.
Mr. Chastain laid on the table the following resolution,
which was read:
Resolved, That this Convention in behalf of the Republic
of Georgia, assume the payment of debts to become due
carriers of mails from and after the passage of the Ordinance
of Secession.
The President, at 12 o'clock M. announced to the Convention,
that the hour had arrived for signing the Ordinance
of Secession, and having first placed his signature thereto,
the Secretary was directed to "call the counties," when
the delegates proceeded to affix their signatures to the
same.
Mr. Nisbet then moved that the committee to prepare the
Ordinance of Secession for the signatures of the delegates,
now cause the great seal of the State to be attached thereto.
The motion prevailed.
Mr. Hilliard offered the following resolution, which was
taken up, read, and adopted.
Resolved, That the President of this Convention, cause a
certified copy of the ordinance just signed, to be sent to our
Senators and Representatives in the Congress of the United
States; and also a similar copy to the President of the United
States; and a similar copy to the Governor of each of
the States lately composing the United States of America.
The President announced the following "Standing Committees,"
to-wit:
Committee on the Relations with the Slave-holding States
of North America:
Committee on the Constitution of the State, and Constitution
and Laws of the United States:
Messrs. Cobb,
Clarke.
Stephens of Hancock,
Ramsey of Muscogee,
Crawford of Green,
Hill of Troup,
Glenn of Fulton,
Reese,
Trippe,
Fouche,
Kenan,
Rice,
Lamar of Lincoln,
Leave of absence was granted to Mr. Styles of Ware, on
account of important business, and to Mr. Usry on account
of sickness in his family.
On motion of Mr. Chastain, the Convention then adjourned
till 10 o'clock to-morrow morning.
TUESDAY, JANUARY 22, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Adams.
A quorum being present, the journal of yesterday was
read.
Mr. Varnadoe's resolution, relative to officers in the
Army and Navy of the United States, (citizens of Georgia
who will resign and return to their native State) was taken
up and referred to the Committee on Military Affairs.
Mr. Alexander's (of Upson) resolutions relative to a
reconstruction of the late "Federal Union" was taken up, and
referred to the Committee on Foreign Relations.
The Ordinance laid upon the table on yesterday, introduced
by Mr. Fleming, "to prescribe the mode in which the
acts, records, and judicial proceedings in each of the States
lately composing the Union known as the 'United States of
America,'"and for other purposes, was taken up and referred
to the Committee on the Constitution of the State, and
the Constitution and Laws of the United States.
The resolution of Mr. Shropshire of Floyd, to appoint a
Committee whose duty it shall be to inquire into the power
of this Convention to reduce the number of Senators and
Representatives in the General Assembly, and if so, to report
an Ordinance thereon, was taken up.
On motion, the blank in the resolution was filled with
the word "sixteen."
The resolution was then adopted.
The second of a series of resolutions introduced by Mr.
Cobb on yesterday, requesting the Committee on Foreign
Relations, to consider and report upon the propriety of
requesting those slaveholding States which shall not have
seceded by the 4th day of February next, to appoint
Commissioners to represent said States at the Congress of the
seceding States to be held at Montgomery on that day, was
taken up and referred to that Committee.
Mr. Varnadoe's resolution relative to the employment of
small armed steamers to ply along the sea-coast, to prevent
depredations of piratical or marauding parties, was taken
up and referred to the Committee on Military Affairs.
Mr. Chastain's resolution relative to the assumption of
debts to become due to carriers of mails from and after the
passage of the Ordinance of secession, was taken up and
referred to the Committee on Commercial and Postal
Arrangements.
Mr. Simmons of Gwinnett, laid on the table the following
quasi protest, which was taken up, read, and ordered to be
spread upon the journal:
"We, the
undersigned delegates to the Convention of the
State of Georgia, now in session, while we most solemnly
protest against the action of the majority in adopting an
Ordinance for the immediate and separate secession of this
State, and would have preferred the policy of co-operation
with our Southern sister States, yet as good citizens, we
yield to the will of a majority of her people as expressed
by their representatives, and we hereby pledge "our lives,
our fortunes, and our sacred honor," to the defence of
Georgia, if necessary, against hostile invasion from any
source whatever.
Milledgeville, Ga., January 22d, 1861.
JAMES P. SIMMONS, of Gwinnett,
THOMAS M. McRAE, of Montgomery,
F. H. LATIMER, of Montogomery,
DAVIS WHELCHEL, of Hall,
P. M. BYRD, of Hall,
JAMES SIMMONS, of Pickens."
Mr. Garvin offered the following Ordinance, which was
taken up, read, and referred to the Committee on the
Constitution of the State, and the Constitution and Laws of
the United States, to-wit:
AN ORDINANCE:
"The people of Georgia in Convention assembled, do
hereby ordain that all white persons residing within the
limits of this State at the date of the Ordinance of secestion, are hereby constituted citizens of the State, without
regard to place of birth, or length of residence."
Mr. Bartow laid upon the table a communication from
the Post Master at Savannah, which on his motion, was
taken up, read, and on motion of Mr. Chastain, was referred
to the Committee on Commercial and Postal Arrangements.
Mr. Styles of Ware, offered the following resolution,
which on his motion, was referred to the Committee on
the Constitution of the State, and the Constitution and
laws of the United States:
Resolved, That it be referred to the Committee on the
Constitution to enquire and report on the expediency of
appointing forthwith a council to consist of citizens of this
State, to act with the Governor of the State as his counsellors
and advisers, and to be called "a Council of Safety."
Mr. Cobb, from the Committee on the Constitution of
the State, and the Constitution and Laws of the United
States, reported the following Ordinance:
AN ORDINANCE
To provide for the execution of sentences passed by the
Courts of the United States within the limits of the State
of Georgia; and for the execution of process issued by
the same Courts, and to preserve indictments:
The people of Georgia, through their Delegates in Convention
assembled do hereby declare and ordain, That all
persons now confined in the Penitentiary of this State, under
sentence upon conviction for crime, by any Court of
the late United States, for the Districts of Georgia, shall
continue in such imprisonment until the full execution of
such sentences shall have been accomplished in the same
manner as if the Ordinance of Secession had not been
passed.
And it is further declared and ordained by the authority aforesaid,
That all persons now arrested or confined in the jails
of this State, under process from the said Courts of the
late United States shall not be released or discharged by
reason of the said Ordinance, but shall continue under the
said arrest or imprisonment until discharged by due process
of law. And all persons who shall have heretofore given bail
to answer to any warrant or other process from said Courts,
shall not be released from the obligation of such bonds, but
shall be (with their sureties) bound to appear and answer
to such Courts of this State, as may be directed by this
Convention.
And be it further ordained and declared, That all indictments
heretofore found true in the said Courts, and not
hitherto disposed of, shall continue in full force and virtue
until heard and determined by the Courts to which
jurisdiction thereof may be transferred. And all process
or warrant, or other criminal proceeding issuing out of, or
returnable to the said Courts, shall lose no virtue by reason
of the said act of secession, but shall be returnable to, and
executed in the name of the Court to which jurisdiction
may be given by this Convention.
The report was taken up, and the Ordinance read twice
and passed.
From the same Committee, Mr. Cobb also reported the
following Ordinance, which was taken up and read:
AN ORDINANCE
To declare, and continue in force in this State, sundry laws
of the late United States of America, in reference to the
African slave trade.
The people of Georgia, in Convention assembled, do hereby
declare and ordain, That all the laws passed by the Congress
of the late United States of America, and in force in
this State prior to the 19th day of January, 1861, except
the fifth section of the act of 10th May, 1800, be, and the
same is hereby declared to be in full force in this State;
Provided, the same shall not be construed to extend to the
importation of negro slaves from any one of the slaveholding
States of the late United States of America, or from
either of the Independent Republics of South Carolina,
Alabama, Florida, or Mississippi.
Be it further ordained and declared, That the Governor
of Georgia shall discharge all the duties required by said
laws of the President of the United States, and the Attorney
or Solicitor General of the Judicial District where the
case arises, shall discharge all the duties required of the
District Attorney, and the Sheriff of the county all the
duties required of the Marshal.
Be it further ordained, That the State of Georgia shall be
substituted for the United States, in every portion of said
laws where the substitution is required by the present independent
condition of said State.
On motion of Mr. Hansell, the Ordinance was made the
special order of the day to-morrow, and 500 copies of the
same were ordered to be printed.
Mr. Toombs, from the Committee on Foreign Relations
made the following report:
"That the Committee, in accordance with the resolution
adopted on yesterday, have nominated W. J. Vason, Esq.,
of Richmond county, as the Commissioner from Georgia to
the State of Louisiana, and General J. W. A. Sanford, of
Baldwin county, as the Commissioner from Georgia to the
State of Texas."
The report was taken up and the nominations ratified.
Whereupon the President was requested to issue commissions
to said Commissioners.
Mr. Carswell offered the following resolution, which was
taken up and adopted:
Resolved, That a Committee of five on Printing, be
appointed by the President; also, a Committee of five on
Enrolling, and a Committee of five on Accounts.
Whereupon the President announced as the Committee
on Printing:
Messrs. Munnerlyn,
Hammond,
Harris of Hancock,
Price,
Porter.
Committee on Enrollment:
Messrs. Fort of Wayne,
Briscoe,
Moor of Spalding,
Furlow,
Johnson of Hall,
Committee on Accounts:
Messrs. Carswell,
Adams of Putnam,
McDonald,
Gresham,
McConnell of Catoosa.
On motion of Mr. Anderson, the Convention then adjourned
till 10 o'clock, to-morrow morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
A quorum being present, the Journal of yesterday was
read.
The President then announced the following as the Committee
of sixteen, under the Resolution adopted on yesterday
to inquire into the power of this Convention to reduce
the number of Senators and Representatives in the General
Assembly of Georgia, and if so, to report an Ordinance for
the same, to-wit:
Messrs. Shropshire of Floyd,
Dabney,
Varnadoe,
Spencer,
Ramsey of Muscogee,
Mallary,
Bailey,
Phinizy of Monroe,
Beall of Troup,
Smith of DeKalb,
Knox,
Simmons of Gwinnett,
Reynolds,
Turner of Hancock,
Garvin,
Gresham.
Mr. Toombs, from the Committee on Foreign Relations,
reported that said Committee have had under consideration
the subject of a Congress of the States, which have withdrawn
from the government of the United States of America,
proposed to be held at Montgomery, in the State of
Alabama, on the 4th day of February next, and recommend
the adoption of the following Resolutions, which were
taken up and read:
Resolved, That this Convention will to-morrow at 12
o'clock elect ten Delegates, to represent the State of Georgia
in said Congress, with such powers as the Convention
may hereafter confer upon them, and that a majority of
all the votes cast shall be necessary to a choice; Provided,
That two Delegates shall be chosen for the State at large,
and one from each Congressional District in this State.
2nd, Resolved, That the Committee on Foreign Relations
do prepare instructions for said Representatives, to be submitted
to this Convention.
The first Resolution was then put upon its passage, when
Mr. Stephens of Hancock moved to strike out the word
"to-morrow," and insert "to-day."
The motion was lost and the Resolution was then adopted.
On motion of Mr. Toombs, the second Resolution was
also adopted.
Mr. Toombs, from the same Committee, also reported
the following Resolutions, which were taken up, read and
adopted:
1st, Resolved, That this Convention cordially unite in
the invitation extended by the Convention of the Republic
of Alabama, to those of the slaveholding States which
may not have withdrawn from the government of the
United States of America by that time, to send Commissioners
to represent them at a Congress of the States which
have withdrawn, to be held at Montgomery, Alabama, on
the 4th day of February next.
2nd, Be it further Resolved, That the President of this
Convention do send a certified copy of this Resolution to
the Governors of the States of Delaware, Maryland, Virginia,
North Carolina, Kentucky, Tennessee, Missouri,
Arkansas, Louisiana, and Texas, with the request that they
lay them before the Legislatures or Conventions of their
respective States.
Mr. Warner laid upon the table the following Ordinance,
which was taken up, read, and referred to the Committee
on the Constitution of the State, and the Constitution and
Laws of the United States.
Be it Ordained, by the People of Georgia, in Convention assembled,
That the following words shall be added to the
5th Section of the 4th Article of the Constitution of the
State of Georgia, to-wit: "And that no Law, or Ordinance,
shall be passed, impairing the obligation of contracts, nor
shall private property be taken for public use without just
compensation."
Be it further Ordained, by the authority aforesaid, That
the following sections shall be added to the Constitution
of the State of Georgia, and become part thereof,
to-wit: "Full faith and credit shall be given in this State
to the public acts, records, and judicial proceedings of any
other State, heretofore known and recognized as the United
States of America, and shall be received in evidence in the
Courts in this State, under the same rules and regulations
as prescribed by the Acts of Congress of the late United
States, passed the 26th day of May, 1790, and the 27th
March, 1804."
Be it further Ordained, by the authority aforesaid, That all
judgments, sentences, and decrees, heretofore made and
rendered by the Federal Courts within the State of Georgia,
shall remain operative, and in full force, as well as all
laws heretofore enacted by the said Federal Congress which
may be beneficial and applicable to the wants, interests,
and present condition, of the people of Georgia, until
otherwise altered or repealed by the General Assembly of
this State.
Mr. Hill, of Troup, laid upon the table the following
Ordinance, which was taken up, read, and on his motion
referred to the Committee having matter germain to the
subjects before them:
AN ORDINANCE
To continue in force the Laws, and to preserve the order,
peace, and conveniences of the people of Georgia, until
otherwise provided:
Whereas, The State of Georgia has seceded from the
Federal Union; and whereas, we deem the right, and
therefore desire the act, of secession, to be peaceable, and
said act shall be peaceable unless otherwise ordered by the
Federal Government:
Therefore, be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained by the authority of
the same:
SECTION 1st. That until otherwise provided, all laws and
regulations of the Government of the United States, not
inconsistent with the Ordinance of secession, and which
are applicable to the condition and wants of the people of
this State, and necessary to preserve undisturbed the rights
of non-residents acquired and vested prior to the passage
of the Ordinance of secession, be, and the same are hereby
continued in full force, and of binding obligation, upon
the authorities and people of the State of Georgia.
SEC. 2nd. Be it further Ordained, by the authority aforesaid,
That collectors of customs, and all other officers connected
with the revenue service, and all other officers connected
with the Post Office Department in this State, and all mail
carriers, mail contractors, and mail agents, be, and they
are hereby allowed to continue to perform their functions
of office in this State under the laws, and accountable
to the government of the United States, as heretofore.
SEC. 3rd. Be it further Ordained, That the Courts and
officers thereof of the United States within the State of
Georgia, be, and they are hereby authorized to continue
in the discharge of their respective duties until otherwise
provided by this Convention, or the Convention of the
seceding States.
SEC. 4th. Be it further Ordained, by the authority aforesaid,
That until otherwise ordered, the State of Georgia will,
in good faith, observe and keep all treaties and contract
obligations made and entered into by the General Government
while Georgia was a member thereof, as far as the same
are applicable to, or require duties of, the State of Georgia.
Mr. Benning, from the Committee on the Relations with
the slaveholding States of North America, made the
following
REPORT:
"That they have had under consideration the subject of
sending Commissioners to the slaveholding States, and have
instructed him to report the following Resolution, and do
recommend its adoption by the Convention:
"Resolved, That this Convention appoint a Commissioner
from the State of Georgia to each of the States of Delaware,
Maryland, Virginia, Tennessee, North Carolina,
Kentucky, Missouri, and Arkansas, to present to the Legislatures
or Conventions, or in the event neither shall be in
session, to the Governor of those States, the Ordinance
of Secession of Georgia, and to invite the co-operation with
her and other Seceding States, in the formation of a
Southern Confederacy."
The report was taken up and read.
Mr. Benning, from the same Committee, made the following
REPORT:
"That they have had the subject of the inter-State Slave
Trade under consideration, and they have instructed him
to report the following Ordinance, and recommend its
adoption, to-wit:
AN ORDINANCE
In relation to the inter-State Slave Trade.
Be it Ordained by the People of Georgia, in Convention assembled,
and it is hereby Ordained by the authority of the
same,
That all laws relating to the inter-State Slave Trade,
which were in force at the time of the passage of the
Ordinance of Secession, shall be deemed and held to be still
in force.
The Report and Ordinance were taken up and read.
SPECIAL ORDER.
The special order of the day, which was the Ordinance
to declare in force in this State sundry laws of the late
United States of America, in reference to the African
Slave Trade, was taken up.
Mr. Cobb moved to recommitt the same to the Committee
on the Constitution of the State and the Constitution and
Laws of the United States.
Which motion prevailed.
Mr. Cobb, from said Committee, then reported back the
Ordinance with the following amendments:
To the first section, by adding to the exception, the
following:
"And also so much of the Act of 10th May, 1820, as declares
the offenses therein specified to be Piracy, and in lieu of the
penalty of death therein specified, there shall be substituted
imprisonment in the Penitentiary for a term of years
not less than five, nor exceeding twenty, in the discretion
of the Court."
And also by adding to the first section the following
words:
"Provided, further, The slaves so introduced from the
slaveholding States of North America shall not have been
imported from beyond sea into such State since the 20th
day of December, 1860."
The amendments were received, and the Ordinance, as
amended, having been twice read, was unanimously
adopted:
Mr. Cobb, from the Committee on the Constitution of
the State and the Constitution and Laws of the United
States, reported the following Ordinance, which was read,
and 500 copies of the same ordered to be printed:
AN ORDINANCE
To resume jurisdiction over those places within the limits
of Georgia, over which jurisdiction has been heretofore
ceded to the late United States of America--and to
provide for compensation to the said United States for the
improvements erected thereon.
The People of Georgia, in Convention assembled, do hereby
declare and Ordain,
That the cessions heretofore made by the General Assembly
of this State, granting jurisdiction to the late
United States of America over specified portions of the
territory within the present limits of the State of Georgia
Page 61
be, and the same are hereby revoked and withdrawn, and
that full jurisdiction and sovereignty over the same are
hereby resumed by the said State.
Be it further Ordained, That the buildings, machinery,
fortifications, or other improvements, erected on the land
so heretofore ceded to the said United States, or other property
found therein, shall be held by this State. subject to
be accounted for in any future adjustment of the claims
between this State and the said United States.
Mr. Johnson, of Clayton, offered the following resolution,
which was read:
"Resolved, That twenty-five thousand copies of the ordinance
of secession be printed for the use of the Convention,
together with the delegates names and county which
they represent, in their order as appears on the parchment;
also, the names of those delegates and the counties they
represent who refused to sign the ordinance."
Mr. Johnson, of Clayton, moved to take up the resolution,
which motion did not prevail.
Leave of absence was granted to Mr. Burnett of Clay,
on account sickness.
Mr. Styles offered the following resolution, which was
read, taken up and adopted:
"Resolved, That the State Treasurer be instructed to
make advances of mileage and per diem pay to delegates, of
the amount due."
On motion of Mr. Hill, of Harris, the Convention then
adjourned till ten o'clock to-morrow morning.
THURSDAY, JANUARY, 24, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Flinn.
On motion of Mr. Cochran of Wilkinson, his preamble and
resolutions, relative to the payment of Georgia's pro rata
part of the public debt of the late United States, and to demand
her proportionate part of the public property, was
taken up, read, and referred to the "Committee on Foreign
Relations."
Mr. Hill, of Troup, moved to add Mr. Cochran, to the
"Committee on Foreign Relations."
Which motion prevailed.
On motion of Mr. Cannon, of Wayne, leave of absence
was granted to Mr. Bozeman, of Pulaski, on account of
indisposition; and on motion of Mr. Cobb, leave of absence
was granted to Mr. Winn, of Gwinnett, on account of
sickness in his family.
Mr. Anderson, from the "Committee on Commercial and
Postal Arrangements," reported the following ordinance,
which was read, and on motion of Mr. Shropshire, of Floyd,
300 copies were ordered to be printed.
AN ORDINANCE
To make Provisional Postal Arrangements in Georgia.
Whereas, it is desirable that there should be no disturbance
in the present postal arrangements in this and other
States.
Therefore, be it ordained, and it is hereby ordained and
declared by the people of Georgia, in Convention assembled,
That the existing postal contracts and arrangements shall
be continued, and the persons,charged with the duties thereof,
shall continue to discharge said duties until a postal
treaty shall be concluded, or until otherwise directed.
Be it further ordained by the authority aforesaid, That in
case the Government of the United States, or its officers or
agents, shall fail or refuse to execute said contracts, or carry
on said arrangements, it shall be the duty of the Governor
of this State, to make all contracts and appoint all officers,
which may be necessary to keep sufficient mail facilties to
meet the wants of the people of Georgia, until otherwise
ordered by the proper authorities.
The resolution accompanying the report of Mr. Benning
from the Committee on the Relations with the Slave-holding
States of North America, relative to the appointment of a
Commissioner to each of the States of Delaware, Maryland,
Virginia, Tennessee, North Carolina, Kentucky, Missouri,
and Arkansas, was taken up, read, and adopted.
The report of Mr. Benning, from the same committee,
being an ordinance in relation to the enter-State slave trade,
was taken up and read; and having been twice read was
adopted.
Mr. Alexander, of Upson, offered the following resolution,
which taken up, read, and agreed to:
Resolved, That a committee of five be appointed by the
President of this Convention, to examine the Great Seal of
the State of Georgia, and report whether any, and what,
changes in the same have been rendered necessary by the
withdrawal of this State from the late Federal Union.
The following is the committee announced by the President.
under the foregoing resolution:
Messrs. Alexander, of Upson,
Logan,
Glover,
Glenn, of Oglethorpe,
Phinizy, of Richmond.
On motion of Mr. Burch, leave of absence was granted to
Mr. Phinizy, of Richmond, from Friday till Monday next.
On motion of Mr. Bartow, the door of the gallery was
closed, and the Convention went into secret session.
After which the door was opened, and in accordance with
the resolution of Mr. Toombs, adopted on yesterday, the
hour of 12 o'clock M. having arrived, the Convention
proceeded to elect ten delegates to represent the State of
Georgia, in the proposed Congress to be held at Montgomery, in
the State of Alabama, on the 4th of February next, to-wit:
two from the State at large, and one from each Congressional
District in the State.
The result of which, was that ROBERT TOOMBS, of the
county of Wilkes, and HOWELL COBB, of the county of Clarke,
were duly elected for the State at large, and the following
named persons for the several districts affixed to their names
to-wit:
FRANCIS S. BARTOW, for the 1st Congressional District.
MARTIN J. CRAWFORD, for the 2d. Congressional District
EUGENIUS A. NISBET, for the 3d. Congressional District
BENJAMIN H. HILL, for the 4th. Congressional District
AUGUSTUS R. WRIGHT, for the 5th. Congressional District
THOMAS R. R. COBB, for the 6th. Congressional District
AUGUSTUS H. KENAN, for the 7th. Congressional District
ALEXANDER H. STEPHENS. for the 8th. Congressional District
Leave of absence was granted to Mr. Dennis for a few
days; also to Messrs. McDonald, of Ware, Gray, Jordan,
Briggs, and Mitchell.
Mr. Singleton laid upon the table the following ordinance,
which was referred to the Committee on Military Affairs:
AN ORDINANCE
To organize a mounted military police in each of the
several counties of this State, and for other purposes.
Whereas, war may be one of the consequences of secession,
and whereas, the recent outrage upon the State of Virginia,
admonishes us that in the event of such war, attempts
will be made to incite our slaves to insurrection, and whereas,
the vicious and unprincipled, during the absence of many
of the true men from their respective counties in the defence
of the State, may be disposed to seize upon such opportunity,
to commit wrongs and outrages upon the then defenceless
wives and children of the absent, as well as upon other
good people of the State for remedy thereof:
SECTION 1st. Be it ordained by this Convention of the people
of the State of Georgia assembled, and it is hereby ordained by the
authority of the same,
That it shall be the duty of his Excellency the Governor,
to accept the services of one Company, consisting of not
more than fifty nor less than fifteen mounted men, from each
of the several counties of this State, to act as a mounted
military police for their several counties, as hereinafter
declared.
SEC. 2d. And be it further ordained, That each of said
companies shall be like officered as other Cavalry companies,
and commissions shall be issued to their officers by the
Governor, commissioning them as officers of the Mounted
Military Police, of their respective counties.
SEC. 3d. And be it further ordained, That said mounted
military police, shall constitute a distinct and independent
arm of the military of the State, not subject to the orders
of any officer of any army having authority in this State, nor
of any officer of militia thereof.
SEC. 4th. And be it further ordained, That his Excellency
the Governor, shall furnish to this mounted military police
from time to time, such arms as he may deem appropriate
to their peculiar service, and as can be spared for that purpose.
SEC. 5th. And be it further ordained, That the head-quarters
of each of said companies, shall be at the county sites
of their respective counties whenever they shall be regularly
mustered into service.
SEC. 6th. And be it further ordained, That a majority of
the Justices of the Inferior Court of each county, shall have
power to call into actual service, the said police of their
respective counties, and to discharge them whenever the
said Justices may deem proper, subject however to be again
called into service by said Justices; and said Justices are
hereby further empowered to pass orders from time to time
requiring the commanding officer of their said company, to
either increase or dimish the rank and file of his company to
any number within the limits heretofore prescribed.
SEC. 7th. And be it further ordained, That when any company
of the mounted military police, shall be mustered into
service, it shall be the duty of the officer in command of the
same, to at all times retain at least one-fourth of his command
at his head-quarters, unless from good and sufficient
reasons, to be judged of by him, he shall order them
temporarily to occupy some other position, or to the
performance of some other duty. He shall also cause the entire
county to be patroled by detachments of his command, under
charge of proper officers.
SEC. 8th. And be it further ordained, That the pay, rations
and allowances of the mounted military police while on active
duty, and only while on such duty shall be the same as
the Cavalry of the army. But, be it remembered always,
that each officer and private of said companies, shall furnish
their own horse and be allowed the rate of [blank left
in text to be filled in by hand]
dollars per
month, for the hire of the same.
SEC. 9th. And be it further ordained, That all persons
enlisting as privates in any of said companies, be bound to
serve for one year from time of enlistment, unless sooner
discharged by the officer in command, and be bound by all
the rules of war, unless herein otherwise provided, while
in actual service; and at all times during their enlistment be
exempt from all road and jury duty.
The Convention then adjourned till eleven o'clock to-morrow
morning.
FRIDAY, JANUARY 25, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Adams.
A quorum being present, the journal of yesterday was
read.
Whereupon the President laid upon the table a communication
from the State of Mississippi, with accompanying
documents accrediting the Hon. T. W. White, of that State,
as a Commissioner to Georgia, for purposes therein specified--
Which was taken up and read.
On motion of Mr. Stephens, of Taliaferro, the following
resolution was adopted:
Resolved, That all the papers accompanying the commissioner
from the State of Mississippi, as well as those with
the commissioners from the States of South Carolina and
Alabama, be printed as an appendix to the journal of the
proceedings of this Convention.
Mr. Alexander, of Upson, laid upon the table the following
resolutions:
Whereas, The Hon. Thomas W. White, the Commissioner
from the State of Mississippi, has arrived in this city; be it
therefore
1st. Resolved, That the Hon. Thomas W. White be, and
and he is hereby invited to a seat on the floor of this Convention.
2d, Resolved, That a committee of three be appointed by
the President to wait on Mr. White and ascertain at what
hour and in what form it will be agreeable to him to
communicate with this Convention.
The resolutions were taken up, read and adopted.
Whereupon the President announced the following as the
committee under the foregoing resolutions, to wit:
Messrs. Alexander of Upson,
Reynolds, and
Simmons of Pickens.
The President laid on the tablea communication from the
Legislature of the State of Tennessee, which was read and,
on motion of Mr. Glenn of Fulton, laid on the table for
the present.
Mr. Whitehead offered the following resolution, which
was read:
"Resolved, That when this Convention adjourns on Tuesday
next, the 29th instant, it adjourns to meet in Savannah
at the call of the President."
Mr. Benning, from the committee on the "Relations of
the Slaveholding States of North America," made the
following report:
"That he is instructed by that committee to report the
following resolution, and to recommend its adoption by the
Convention:
Resolved, That in the opinion of this Convention no State
ought to be admitted into the new confederacy to be formed
at Montgomery, unless such State shall tolerate the existence
of slavery as one of its own domestic institutions, and
shall permit an inter-state traffic in slaves with its citizens,
and that should any State at any time abolish the institution
within its limits, such State shall ipso facto cease to be
a member of the said Confederacy."
The report was taken up and read.
Mr. Anderson, from the committee on "Commercial and
Postal Arrangements," reported the following preamble and
resolutions:
Whereas, The policy of direct trade between the States
of the South and foreign nations assumes more than ordinary
importance in view of the relations which the seceding
States must bear to the world,
Therefore be it resolved, That this Convention is forcibly
impressed with the necessity to the future welfare and honor
of the South, of direct trade with European nations from
some port or ports upon the Atlantic coast at the South,
under the dominion of the Southern Confederacy.
Resolved, That our members to the Southern Congress to
be held at Montgomery, are hereby earnestly requested to
bring this subject forward at an early day before that assembly,
and to urge the adoption of efficient measures to accomplish
this great measure of Southern independence.
The resolutions were taken up, read, and 300 copies
ordered to be printed.
Mr. Nisbet offered the following resolution, which was
taken up and read, to wit:
"Resolved, That in pursuance of a resolution of this body
authorizing the appointment of Commissioners to the slaveholding
States, the committee on Foreign Relations be, and
they are hereby instructed to nominate to the Convention
suitable persons to act as Commissioners aforesaid, at 12
o'clock to-morrow, and that, at that hour, the Convention
proceed to elect the same."
Mr. Hood, of Randolph, offered the following as a substitute
for the same:
"Resolved, That the committee on the Relations with the
Slaveholding States be instructed to suggest to the Convention
the names of fit and proper persons to represent the
State of Georgia as Commissioners under the resolution
heretofore adopted to the State of Delaware, Maryland,
Virginia, North Carolina, Tennessee, Kentucky, Missouri,
and Arkansas."
Mr. Kenan moved to strike out "Delaware."
When, on motion, the resolution and substitution was laid
on the table for the present.
Mr. Cobb, from the committee on the Constitution and
laws of the State, and the Constitution and laws of the
United States, made the following reports:
First.
AN ORDINANCE
To abolish the Circuit and District Courts of the United
States for the District of Georgia, and to establish other
Courts in lieu thereof, and to continue in force certain
judgments and executions.
The people of Georgia in Convention assembled hereby declare
and ordain,
That the Circuit and District Courts of the late United
States for the State of Georgia, be, and the same are hereby
abolished as Courts of the said United States. And the
same are hereby re-established as Courts of the independent
State of Georgia, with the same jurisdiction and powers
as they had under the laws of the United States, except so
far as the same are modified by the ordinances of this
Convention.
2. That the commissions of all the judges and officers of
said courts are hereby terminated. And the Governor of
this State is hereby authorized to appoint and commission
judges and officers of said courts, to hold their commissions
until the further action of this Convention.
3. The causes now pending in said courts, civil and
criminal, are continued without prejudice in the courts
hereby established, and the judgments and decrees heretofore
rendered therein, and the executious issued thereon
shall lose no right, lien, or validity by the operation of this
ordinance, or the ordinance of secession, but shall continue
in force as if the said courts remained in existence.
Second.
AN ORDINANCE
To adopt and continue in force the laws of the late United
States, in the State of Georgia, except as therein specified.
The people of Georgia in Convention assembled do declare and
ordain as follows:
SECTION 1. That such and so much of the laws of the
late United States, as are not inconsistent with the
ordinance of secession, and the other ordinances of this
Convention, and as are applicable and adapted to our present
condition and necessities, be and the same are hereby
adopted and continued in force in this State--saving and
excepting, however, the laws on the subjects following, to
wit: The Army; Bounty Lands; Cadets; Census; Coasting
Trade; Treason; Fisheries; Lands; the Navy; Pensions;
Printing; Public Money; Timber; Treasury Department;
and the War Department.
SEC. 2. That in all cases in which remedies are provided in
civil cases, or punishments are prescribed in criminal cases,
both by the laws of the said United States and by the existing
laws of this State, then and in all such cases the laws
of this State shall take precedence to, and be administered
before the said laws of the United States.
Third.
AN ORDINANCE
To define and declare what shall be Treason and Misprision
of Treason in the State of Georgia and also certain felonies.
The people of Georgia in Convention assembled do hereby declare
and ordain,
That if any person or persons owing allegiance to the
State of Georgia shall levy war against said State, or shall
adhere to her enemies, giving them aid and comfort within
the said State or elsewhere, or shall in the name of the late
United States of America, or any other foreign power,
seize or attempt to seize and hold possession against the
declared will of said State, or any fort, arsenal, mint or
other building within the territorial limits of said State,
and shall be thereof convicted on confession in open court,
or on the testimony of two witnesses to the same overt act
of the treason whereof he or they shall stand indicted, such
person or persons shall be adjudged guilty of treason against
the State of Georgia, and shall suffer death.
A person having knowledge of the commission of any
of the treasonable acts aforesaid, and conceals or fails to
discover the same as may be to the Governor of said State,
or some one of the Judges thereof, shall be guilty of
Misprision of Treason, and on conviction shall be punished by
imprisonment and labor in the Penitentiary not less than
five nor longer than [blank left
in text to be filled in by hand]
years.
Any citizen of the State of Georgia, wherever resident,
who shall, without the permission of said State, directly or
indirectly commence or carry on any verbal or written
correspondence or intercourse with any foreign government, or
any officer or agent thereof, with an intent to influence
the measures or conduct of such government, adversely to
the existence or interest of said State in relation to any
disputes or controversies with said State, or to defeat the
measures of the government of said State; or if any such
person not duly authorized shall counsel, advise, aid, or
assist in any such correspondence, such citizen of Georgia
shall be guilty of a felony, and on conviction shall be
punished by imprisonment in the Penitentiary not less than one
nor more than three years, and by a fine not exceeding five
thousand dollars.
Fourth.
AN ORDINANCE
In relation to oaths heretofore required of public officers
and Attorneys at Law.
The people of Georgia in Convention assembled declare and
ordain,
That the oath heretofore required to be administered to
public officers and Attorneys and Solicitors at Law, to support
the Constitution of the United States shall be hereafter
discontinued.
Fifth.
AN ORDINANCE
Concerning Citizenship.
We, the People of the State of Georgia, in Convention assembled,
do declare and ordain, and it is hereby declared and ordained.
1st. Every person, who at the date of the Ordinance of
Secession was residing in this State, and was then by birth,
residence or naturalization, a citizen of this State, shall continue
a citizen of this State, unless a foreign residence shall
be established by such person, with the intention of expatriation.
2d. So also shall continue every free white person, who
after the date aforesaid, may be born within the territory of
this State, or may be born outside of that territory, of a
father who then was a citizen of this State.
3d. So also every person, a citizen of any one of the
States now confederate, under the name of the United States
of America, who within twelve months after the date of the
Ordinance of Secession, shall come to reside in this State,
with the intention of remaining, upon such persons taking
the oath of allegiance to this State, below provided.
4th. So also every free white person, who shall be engaged
in the actual service, military or naval, of the State,
and shall take an oath of his intention to continue in such
service for at least three months, unless sooner discharged
honorably, and also the oath of allegiance below prescribed.
In this case, the oaths shall be administered by some
commissioned officer of the service in which the applicant for
citizenship may be engaged, superior in rank to the applicant,
and thereupon certificate of the citizenship of the applicant,
shall be signed by the officer and delivered to the
applicant.
5th. So also, every person not a citizen of any of the
States above mentioned, at the date aforesaid, who may
come to reside in this State, with the intention of remaining,
and may be naturalized according to the naturalization
laws of this State; until they may be altered or repealed,
the naturalization laws of the United States accommodated
to the special condition of the State, are hereby made the
laws of this State, except, that instead of the oaths required
by those laws in the final act, the oath of allegiance to this
State, and of abjuration below provided, shall be taken.
6th. In all cases, the citizenship of a man shall extend to
his wife, present or future, whenever she shall have a
residence in this State, and shall extend also, to each of his
children, that under the age of eighteen years, may have a
residence in the State; provided, That in no case, shall
citizenship extend to any person, who is not a free white
person.
7th. That the oath of allegiance to this State, shall be in
the words, to-wit:
"I do swear (or affirm) that I will be faithful and true
allegiance bear to the State of Georgia, so long as I may
continue a citizen thereof."
8th. The oath of abjuration shall be in the following
form, to-wit:
"I do swear (or affirm) that I do renounce and forever
abjure, all allegiance and fidelity to every prince, potentate,
or sovereignty whatever, except the State of Georgia."
On motion of Mr. Cobb, the fourth of the series of the
foregoing ordinances was taken up, read twice, and passed,
to-wit:
The "Ordinance in relation to oaths heretofore required
of public officers and Attorneys at Law."
On motion of Mr. Wofford, 300 copies of the first, second,
third, and fifth, of the foregoing ordinances, were ordered to
be printed.
Mr. Poe offered the following resolution, which was taken
up, read, and agreed to:
"Resolved, That his Excellency, the Governor, be requested
to afford such facilities to the Secretary of this Convention,
as will enable him to have taken, a photograph of
the Ordinance of Secession, provided no expense accrue to
the State therefor, and provided, also, that no risk be incurred,
of the loss of, or damage be done to said ordinance, in
taking said photograph."
Mr. Hull laid upon the table the following resolution,
which was taken up, read, and adopted:
"Resolved, That our late Senators and Representatives in
the Congress of the United States, be invited to seats upon
the floor of this Convention."
Mr. Ramsey was excused from serving on the committee
to take into consideration, and report upon the expediency
of reducing the representation of the General Assembly of
Georgia, and Mr. Robinson appointed in his place.
The Convention then went into secret session, and having
spent some time therein, the doors were opened, when
Mr. Beall, of Troup, from the Committee on the Ordinance
of Secession, offered the following resolution, which
was taken up, read, and adopted:
"The committee to whom was entrusted the duty of preparing
parchment, and engrossing the Ordinance of Secession,
for the signature of the members of the Convention,
called to their aid the services of Maj. H. J. G. Williams,
who cheerfully and with some labor, engrossed the same to
the full satisfaction of the committee, and refused all
pecuniary compensation.
Be it therefore resolved, That Maj. H. J. G. Williams be
allowed to sign his name under the attestation of the Clerk,
in the manner following, namely:
Mr. Johnson, of Clayton, offered the following resolution,
which was taken up, read, and adopted:
"Resolved, That the Treasurer be authorized to pay the
members of the Convention their mileage, and per diem pay
upon their accounts being approved and signed by one of
the auditing committee.
And be it further resolved, That the President of the
Convention, when it adjourns, be required to draw his warrant
upon the Treasurer for the pay of its members and officers,
in the same manner as has heretofore been done by the
President of the Senate, and Speaker of the House of
Representatives, of the Georgia Legislature."
On motion of Mr. Stephens, of Taliaferro, the following
resolution was taken up, read, and adopted:
"Resolved, That the Governor be requested to have published
in such newspapers as he may think proper, all the
ordinances of this Convention as they pass, that immediate
and general notice may be given of the same, unless otherwise
directed by this Convention."
The President laid on the table a communication from
T. S. Hopkins, M. D. of Wayne county, with accompanying
papers, contesting the seat of Mr. Cannon, of that county,
in the Convention.
On motion of Mr. Fort, a committee on elections was
announced by the Chair, and the communication with the
accompanying papers were referred to the same.
The following is the Committee on Elections:
Messrs. Styles,
Roddey,
Butts,
Brown, of Houston, and
Gaulden.
Mr. Alexander, of Upson, from the committee appointed
to wait upon the Hon. Thomas W. White, the Commissioner
from the State of Mississippi, made the following report,
to-wit:
"That the committee have waited upon Mr. White, and
informed him of the action of this Convention, inviting him
to a seat upon the floor of the Convention, and expressing
the readiness and desire of the Convention to receive him at
such time as will be most agreeable to himself; and that
he informed the committee that it would be agreeable to
him to appear before and address the Convention at noon
on Monday next."
Mr. Williamson offered the following resolution, which
was read and referred to the Committee on Foreign Relations:
"Resolved, That the Committee on Foreign Relations be
requested to report an ordinance, if in their judgment it be
necessary, to secure to citizens of Georgia, who have obtained
from the United States of America, a patent right for inventions,
and citizens of Georgia, who have made application
and placed in office a model for a patent, their rights in
the same."
Mr. Cobb moved to take up the ordinance in reference to
land heretofore ceded to the late United States of America.
The motion was agreed to, and the ordinance was taken
up, read twice, and passed.
The report of Mr. Anderson, from the committee on
Commercial and Postal Arrangements, being an ordinance
to make provisional Postal Arrangements in Georgia, was
then taken up.
On motion, the same was recommitted, and reported back
with the following amendments, to-wit: by striking out in
the first section, the word "continued," and inserting the
words "allowed to continue;" and by inserting in the second
section, "and do all other things," after the word "officers."
The ordinance as amended, was read twice and passed.
Mr. Fort, from the Committee on Enrolment, made the
following report:
"That they have had enrolled, and it is now ready for the
signature of the President:
An Ordinance To provide for the execution of criminal
process issuing from the Courts of the late United States of
America."
Leave of absence was then granted to Messrs. Stephens of
Monroe, Roddey, Logue, Davis of Putnam, Hansell,
Humphries, Bryan, Cleveland, Furlow, Robertson, Perkins,
Ponder, and Banks of Stewart.
The Convention then adjourned till ten o'clock to morrow
morning.
SATURDAY, JANUARY 26, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Means.
A quorum being present the journal was read.
On motion of Mr. Bartow, the doors were closed, and the
journal of yesterday, when in secret session was read.
After which the doors were opened, when
Mr. Nisbet offered the following resolution, his resolution
and Mr. Hood's substitute, of yesterday, having been
withdrawn:
Resolved, That the Committee on Foreign Relations be,
and they are hereby instructed to nominate Commissioners
to certain slaveholding States of the late American Union,
in accordance with an Ordinance of this Convention,
authorizing the appointment of such Commissioners; and that
the Convention will, on Monday next, at eleven o'clock,
proceed to the election of the same.
The resolution was taken up, read and adopted.
Mr. Cobb, from the Committee on the Constitution of
the State, and the Constitution and Laws of the United
States, to whom was referred a resolution inquiring into
the propriety of appointing a Council of safety to advise
with, and assist the Governor of this State in the discharge
of his Executive duties, made the following
REPORT:
"That they have had the same under consideration, and
are satisfied that for the present, at least, such a Council
is unnecessary and impolitic."
The Report was received and adopted.
Mr. Styles, from the Committee on Elections, made the
following
REPORT:
"The Committee on Elections have had under consideration
the subject of the protest from Wayne county, in relation
to the seat now filled by the Hon. H. A. Cannon, and
have instructed their Chairman to report that they find the
election returns from Wayne county, in proper form, and
duly certified by the superintendents of the election, and
that the returns show that Hon. Henry R. Fort, and the
Hon. Henry A. Cannon, received a majority of the votes
admitted in the general count, and were declared duly
elected by the Superintendants to seats in the Convention.
They further find, however, that the ballots from one of
the precincts were rejected by the Superintendants in the
general count because of there being no oath or affidavit
attached to, and returned with the polls by the managers at that
precinct, and though it is represented by ex parte certificates
that the polls of this rejected precinct would, if they
had been counted, have shown a tie between the sitting
delegates and Dr. F. S. Hopkins, the contestant, the evidence
produced before the Committee fails to rebut the presumption
that the Superintendants acted in strict accordance
with the law governing elections in rejecting the returns
from the disputed precinct. But whether the Committee
be correct or not in this conclusion, the contestant
has failed to pursue the prescribed rule laid down by the
act of 1831, regulating the manner for contesting elections,
and has therefore failed to bring his case before the Committee
in such a manner as to justify them in considering
the testimony adduced. In justice to the sitting member,
your Committee have thought proper to state these facts,
and to state further, that upon investigation they ascertain
the fact that he declined to serve the county under the
circumstances, and only consented to claim his seat after
being earnestly requested so to do by a large majority of
all those who voted on the day of election.
Your Committee therefore recommend that the protest
be laid upon the table, and that the Hon. Henry A.
Cannon do retain his seat."
The report was taken up, read and unanimously agreed
to.
Mr. Shropshire of Floyd, from the Committee to inquire
into the power of this Convention to reduce the number of
Senators and Representatives in the General Assembly of
Georgia, and if, in the judgment of said Committee the
power exists to report an Ordinance for that purpose, made
the following
REPORT:
"Your Committee have had the subject under consideration,
and while they do not doubt the power of this Convention
to make such reduction, yet there is great diversisity
of opinion as to the propriety of doing so, without
submitting the action of the Convention to the people for
ratification or rejection. They have, however, agreed upon
an Ordinance which they have instructed me to submit to
this Convention, and recommend its adoption; each individual
member of the Committee reserving to himself the
privilege of voting for, or against any proposition which
may be made, with a view to obtaining the popular will on
this subject."
The report was taken up, aud the Ordinance read, to-wit:
AN ORDINANCE
To alter and amend the 3d, 4th, 7th and 8th Sections of
the 1st Article of the Constitution of the State of Georgia,
and for other purposes.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained and declared by the authority of
the same,
1. That from and after the adoption of this Ordinance,
the third section of the first Article of the Constitution of
this State shall be so altered and amended as to read as
follows, to-wit:
Each Congressional District in this State shall be known
as a Senatorial District, by the same number which designates
it as a Congressional District. The Senate of Georgia
shall be composed of forty Senators and no more, five
to be chosen from each District as they are now or may
hereafter be organized, by the legally qualified voters
thereof, on the first Wednesday in October, until the day of
election is altered by law.
2. Be it further ordained by the authority aforesaid, That
the fourth section of the first Article of the Constitution of
Georgia shall be so altered and amended as to read as
follows, to-wit:
No person shall be a Senator who shall not have attained
the age of twenty-five years, and been five years a citizen
of this State, and shall have usually resided within the
District from which he shall be returned at least one year
immediately preceding his election, except persons who
may have been absent on lawful business of this State, or
of any government of which Georgia may hereafter become
a part.
3. Be it further ordained, That the seventh section of
the first Article of the Constitution of this State, shall be
so altered and amended as to read as follows, to-wit:
The House of Representatives shall be composed of one
hundred and thirty-three members, and no more, one to be
chosen biennially from each of the counties as now organized
by the legally qualified voters thereof, on the first
Wednesday in October, until the day of election is altered
by law.
4. Be it further ordained, That the eighth section of the
first Article of the Constitution of this State, be so altered
and amended as to read as follows, to-wit:
No person shall be a Representative, who shall not have
attained to the age of twenty-one years, and have been a
citizen of the State of Georgia five years, and have actually
resided in the county in which he shall be chosen one
year immediately preceding his election, unless he shall
have been absent on the public business of this State, or of
any government of which Georgia may hereafter become a
part.
5. Be it further ordained, That the foregoing alterations
and amendments shall not be so construed as to vacate the
commission of any member of the present General Assembly
of Georgia."
Mr. Mallary, from the same Committee, offered the
following minority report, and moved its adoption by the
Convention:
"The undersigned, from the Committee to reduce the
number of members of the General Assembly, beg leave
to dissent from the report of the majority of the Committee,
to present our reasons therefor, and to present our plan
for said reduction in lieu thereof. In the first place, we
do not believe this Convention is clothed with the power to
make said reduction; but being mindful of the necessity
of such reduction, we think that if the plan adopted by
this Convention is submitted to the people, and by them
ratified, it will cure any want of power. In the second
place, no plan should be adopted by this Convention which
would not likely meet the approbation of the people, and
we do not believe the people of this State would be content
with any plan which did not secure to each county at
least one representative, and a representation in the Senate,
exceeding in number that of a mere executive or municipal
council.
Therefore, we recommend, instead of the Ordinance
reported by the majority, that this Convention instruct the
Committee to prepare and report an amendment to the
Constitution, to the effect that the first twenty counties
having the highest representative population, according to
the Federal basis, be entitled to two representatives, and
all the counties to one each; and that the Senate consist of
eight members from each Congressional District, as now, or
hereafter to be organized, the qualifications of Senators
and Representatives to be the same as the Constitution
now prescribes, except that a Senator shall reside one
year, in some one county of the District from which he is
elected--the whole not to take effect until ratified by the
people. And we would also suggest, that as the Congress
to assemble at Montgomery may have the power to abolish
the district system, or to change the apportionment, this
whole subject had better be postponed until the re-assembling
of this Convention.
(Signed)
CHARLES E. MALLARY."
Mr. Beall of Troup, offered the following as an amendment
to the third section of the Ordinance reported by the
majority, which was taken up and read:
"The House of Representatives shall consist of eighty-seven
members, and no more, to be chosen biennially on the
first Monday in October next, from the Congressional Districts
as now organized by the State, by the legally qualified
voters of said several Districts, namely, from the first
Congressional District, fifteen members; from the second
fourteen members; from the third eight members; from
the fourth, eleven members; from the fifth, twelve
members; from the sixth, eleven members; from the seventh,
eight members; and from the eighth, eight members."
On motion of Mr. Cobb, the foregoing reports and amendment
were laid on the table until after the proposed recess
of this Convention, and, on motion of Mr. Johnson of
Clayton, 500 copies of the same were ordered to be printed.
Mr. Hamilton laid on the table the following resolution,
which was taken up, read, and agreed to:
Resolved, That the Committee on Foreign Relations be
instructed to enquire and report whether any change should
be made in the device on the coins hereafter to be made at
the mint at Dahlonega, in the county of Lumpkin. Also,
whether any change should be made in the management of
said mint; and in the event they should be of opinion any
change should be made, that they report to this Convention
such changes as they may deem necessary."
Mr. Johnson's (of Clayton) resolution directing that
25,000 copies of the Ordinance of Secession, be printed, was
then taken up, when he offered the following as a substitute
therefor:
Resolved, That twenty-five thousand copies be printed
for the use of the Convention, of the resolutions offered by
the Hon. E. A. Nisbet, delegate from the county of Bibb,
declaring it to be the right and duty of Georgia to secede
from the Union, and appointing a committee of seventeen
to draw up the Ordinance for secession, &c., and the vote
that was taken on said resolutions by yeas and nays. Also,
the resolution offered by the Hon. H. V. Johnson, a delegate
from the county of Jefferson, as a substitute to said
resolutions, with the vote that was taken on the same by the
yeas and nays. Also, the report of the Committee of seventeen,
which reported the Ordinance for secession with the
vote that was taken on the Ordinance, by the yeas and
nays. Also, the names of each delegate and the county
they represented, who signed said Ordinance in the order
in which they stand, on parchment, and the names of each
delegate and the county they represented, who refused to
sign the same.
On motion of Mr. Strickland, the substitute and original
resolution was laid on the table for the balance of the session.
Mr. Anderson, from the committee on Commercial and
Postal Arrangements, reported the following ordinance,
which was taken up, read, and made the special order of
the day for Monday next; 300 copies of the same were
ordered to be printed:
AN ORDINANCE
To make provisional arrangements for the continuance of
commercial facilities in Georgia.
Whereas, It is due to the citizens of Georgia engaged in
commerce and agriculture, and the citizens of foreign States
engaged in lawful commerce with this State, that no sudden
or abrupt change should be made.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained by the authority of the same,
That collectors of customs and other officers connected
with the same in the various ports of this State, be allowed
to continue to perform their functions under existing laws,
until otherwise ordered, or until the Congress about to
assemble at Montgomery shall legislate on the same.
Be it further ordained by the power aforesaid, That should
circumstances arise during the recess of this Convention to
make it necessary in the opinion of the Governor to place
the custom house under the control of the Government of
this State, then the Governor shall be empowered to take
possession of the same, appoint all officers and establish the
revenue, collection and navigation laws of the United States,
so far as they may be applicable until otherwise provided for.
The first ordinance reported on yesterday by Mr. Cobb,
from the "Committee on the Constitution of the State and
the Constitution and Laws of the United States," to wit:
"An ordinance to abolish the Circuit and District Courts
of the United States for the District of Georgia, and to
establish other courts in lieu thereof, and to continue in force
certain judgments and executions"--was taken up and read.
On motion of Mr. Clarke, the same was recommitted for
amendment.
Mr. Clarke then moved to amend the third section of the
ordinance, by adding thereto the following words: "But
the stay law of the General Assembly of 1860 shall apply to the
judgments and proceedings of said Court."
The amendment was received.
Mr. Clarke also offered the following as an amendment to
the first section--to add the words:
"But in case any coercive measures are adopted by the
present Federal Government, said Court, and all other
Courts shall lose the jurisdiction of a cause in behalf of any
citizen of a non-seceding States, to take effect by order of
the Governor, and to continue until the action of the General
Assembly."
The amendment was lost.
Mr. Hood offered the following amendment:
To strike out in the first section all after the words
"United States," where they occur the second time; to strike
out the second section, and to strike out the following words
in the third section, to wit: after the word "criminal," the
words "are continued without prejudice in the Courts hereby
established."
Mr. Hill, of Troup, called for the "previous question,"
which being seconded, the ordinance, as amended, was put
upon its passage, when Mr. Hood demanded that the yeas
and nays be recorded.
North America," relative to the admission of States into
the Southern Confederacy to be formed at Montgomery, was
taken up, read, and recommitted to same committee.
Mr. Whitehead's resolution relative to the adjournment
and re-assembling of this Convention at Savannah, was
taken up, when amendments from Messrs. Corn, Cannon of
Rabun, and Starr, and a substitute from himself, were
presented--all of which were laid on the table for the present.
Mr. Briscoe, from the committee on Enrollment, reported
as duly enrolled and ready for the signature of the
President of the Convention--
An ordinance to continue in force the laws against the
African slave trade. Also,
An ordinance in relation to the inter-State slave trade--
which, being signed by the President, was deposited in the
office of the Secretary of State.
Mr. Nisbet offered the following resolution, which was
taken up, read, and agreed to.
Resolved, That the committee on Military Affairs be, and
they are hereby requested to enquire into the expediency
and practicability of establishing an Armory for the use of
the State within the limits of this State, and report to the
Convention.
Leave of absence was granted to Messrs. Garvin, Allen,
Douglass, Anderson, Harris of Meriwether, Bell of Banks,
Styles of Ware, Cochran of Wilkinson, and Richardson of
Lee.
On motion of Mr. Hill, of Troup, the Convention then
adjourned till eleven o'clock, Monday morning.
MONDAY, JANUARY 28,1861.
The Convention met pursuant to adjournment, and was
opened with prayer, by the Rev. Mr. Flinn.
Mr. Ramsey moved to reconsider so much of the journal
of Saturday as relates to the passage of the Ordinance,
reported by Mr. Cobb, from the Committee on the
Constitution of the State, and the Constitution and Laws of the
United States, to-wit:
"An Ordinance, in relation to the Circuit and District
Courts of the United States."
The motion to reconsider prevailed, and the
Ordinance was referred back to the same Committee.
The hour of 12 having arrived, the order of the day,
to-wit: the reception of the Hon. Thos. W. White,
Commissioner from the State of Mississippi, to Georgia, took
place.
Mr. Alexander, of Upson, chairman of the Committee for
that purpose, introduced that gentlemen to the President of
the Convention, who, having extended a cordial welcome to
him in its behalf, stated that it was then ready to receive,
or hear, any communication he, as a Commissioner from
Mississippi, was prepared to deliver or communicate.
Whereupon the Commissioner aforesaid addressed the
Convention.
Mr. Colquitt, (in the absence of Mr. Toombs, the Chairman
of the Committee on Foreign Relations,) made the
following Report, to-wit:
The Committee on Foreign Relations, to whom was
referred the duty of recommending to the Convention suitable
persons to fill the offices of Commissioners to several
designated States, have had the same under consideration,
and
REPORT:
For Virginia, H. L. Benning, of Muscogee.
For Maryland, A. R. Wright, of Richmond.
For Kentucky, H. R. Jackson, of Chatham.
For Tennessee, H. P. Bell, of Forsyth.
For Missouri, L. J. Glenn, of Fulton.
For Arkansas, D. P. Hill, of Harris.
For Delaware, D. C. Campbell, of Baldwin.
For North Carolina, Samuel Hall, of Macon.
The Report was taken up and read, when, on motion of
Mr. Toombs, (who stated that Mr. Jackson had declined to
to serve as Commissioner to Kentucky,) so much of the
Report as referred to that State, was recommitted to the
Committee on Foreign Relations."
The remainder of the Report was agreed to,
Mr. Stephens, of Taliaferro, from the Committee on
Foreign Relations, reported the following Resolutions:
Resolved, That the delegates sent from this State by this
Convention, to the proposed Congress to assemble at
Montgomery, Alabama, on the 4th day of February next, be
fully authorized and empowered, upon free conference and
consultation with delegates that may be sent from other
seceding States, to said Congress, to unite with them in
forming and putting into immediate operation, a temporary
or Provisional Government, for the common safety and
defence of all the States represented in said Congress.
Such temporary or Provisional Government not to extend
beyond the period of twelve months from the time it goes
into operation, aad to be mod eled as nearly as practicable
on the basis and principles of the late Government of the
United States of America. The powers of the delegates
so appointed by this Convention in this particular, being
hereby declared to be full and plenary.
Be it further Resolved, That said Delegates be likewise
authorized, upon like conference and consultation with the
delegates from the other States in said Congress, to agree
upon a plan of permanent Government for said States,
upon the principles and basis of the Constitution of the
late United States of America, which said plan or Constitution
of permanent Government shall not be binding or
obligatory upon the People of Georgia, unless submitted to,
approved, and ratified by this Convention.
The report was taken up and read, when Mr. Fouche moved
to lay the same upon the table for the present, and to print
300 copies thereof.
The motion was lost, and the Report was agreed to.
SPECIAL ORDER.
The special order of the day, to-wit:
"An Ordinance, to make provisional arrangements for the
continuance of Commercial Facilities in Georgia," was then
taken up and read.
Mr. Hood, of Randolph, from the minority of the Committee
on Commercial and Postal Arrangements, reported
the following Ordinance, as a substitute for the Ordinance
proposed by the majority of said Committee:
AN ORDINANCE
To make Provisional Arrangements for the continuance of
Commercial facilities in Georgia.
We, the People of Georgia, in Convention assembled, do declare
and Ordain, and it is hereby declared and Ordained,
First, That all citizens of the State of Georgia, who, on
the 19th day of January, 1861, were holding office
connected with the Customs, under the Government of the
late United States, within the limits of this State, be, and
they are hereby appointed to hold, under the Government
of this State, exclusive of any further connection whatever
with the Go vernment of the late United States, the same
offices they now fill, until otherwise directed, and to receive
the same pay and emoluments for their services.
Second, That until the Convention or other Provisional
Government shall otherwise provide, the Governor shall
appoint to all vacancies which now exist or may hereafter
occur in such offices.
Third, That until otherwise provided, the Revenue, Collection,
and Navigation Laws of the late United States, so
far as they may be applicable, be, and they are hereby
adopted and made the laws of this State, saving that no
duties shall be collected upon imports from the States
forming the late United States, nor upon the tonnage of
vessels owned in whole or in part by the citizens of said
States; Provided, if the said late United States should assume
an attitude of hostility towards the State of Georgia,
then the Governor, by his Proclamation, shall put them
upon the same footing with all other foreign nations. And,
saving and excepting the Act of Congress, adopted the 3rd
day of March, 1817, entitled "An Act authorizing the deposit
of papers of foreign vessels with the Consuls of their
respective nations," which Act is hereby declared to be of
no force within the limits of this State.
Fourth, That all vessels built in Georgia, or elsewhere,
and owned to the amount of one third by a citizen, or
citizens, of Georgia, or of any of the seceding States from the
late United States, and commanded by a citizen thereof,
and no other, shall be registered as vessels of Georgia,
under the authority of the Collector and Naval officers.
Fifth, That all the official acts of the officers aforesaid,
in which it is usual and proper to set forth the authority
under which they act, or the style of documents issued by
them, or any of them, shall be in the name of the State of
Georgia.
Sixth, That all monies hereafter collected by any of the
officers aforesaid, shall, after deducting the sums necessary
for the compensation of officers, and other expenses
incident thereto, be paid into the Treasury of the State of
Georgia, subject to the order of this Convhntion, or the
General Assembly.
Seventh, That the officers aforesaid shall retain in their
hands all property of the late United States in their possession,
custody, or control, subject to the disposal of the
proper authorities, who will account for the same, upon a
final settlement with the Government of the late United
States.
Mr. Hood moved that the substitute be adopted in lieu
of the original Ordinance.
Whereupon Mr. Hill, of Troup, demanded that the yeas
and nays be recorded.
So the substitute was adopted in lieu of the original
Ordinance, and having been read twice was passed with
the following amendment, to-wit:
After the words "holding office," in the first section, to
add the words, "or who may have resigned, and where
resignations may not have been accepted."
Mr. Cobb, from the Committee on the Constitution of
the State and the Constitution and Laws of the United
States, submitted the following, which, on his motion,
without being read, was laid on the table until after the
proposed recess, and 1,000 copies ordered to be printed:
The fundamental principles of Free Government cannot
be too well understood or too often recurred to. Hence
we declare this
BILL OF RIGHTS.
All Government derives its authority from the consent of
the governed; who may modify, alter or annul the same
whenever their safety or happiness requires it. No Government
should be changed for slight or transient causes,
nor unless upon reasonable assurance that a better will be
established.
Protection to person and property is the consideration of
allegiance; and a Government which knowingly and
persistently denies or withholds such protection from the
governed, releases them from the obligation of obedience.
No citizen shall be deprived of life, liberty, or property,
except by due process of Law; and of life or liberty only
by the judgment of his peers. The writ of habeas corpus
shall not be suspended unless when in case of rebellion or
invasion the public safety may require it.
A well regulated Militia being necessary to the security
of a free State, the right of the People to keep and bear
arms shall not be infringed.
The prevalence of the Christian Religion among the.
people, and the basis of Christian principles underlying the
laws, entitle this State to be ranked among the Christian
nations of the earth, and as those principles are independent
of all political organization, no religious test shall
ever be required for the tenure of any office, and no religious
establishment allowed; and no citizen shall be
deprived of any right or privilege by reason of his
religious belief.
Freedom of thought and opinion, freedom of speech, and
freedom of the Press, are inherent elements of political
liberty. But while every citizen may freely speak, write,
and print, on any subject, he shall be responsible for the
abuse of the liberty.
The right of the People to appeal to the Courts, to petition
Government on all matters of legitimate cognizance,
and peaceably to assemble for the consideration of any
matter of public concern, can never be impaired.
For every right there should be provided a remedy, and
every citizen ought to obtain justice without purchase,
without denial, and without delay, conformably to the
laws of the land.
Every person charged with an offence against the laws
of the State, shall have
1st, The privilege and benefit of counsel.
2nd, Shall be furnished, on demand, with a copy of the
accusation, and a list of the witnesses against him.
3rd, Shall have the compulsory process of the Court to
obtain the attendance of his own witnesses.
4th, Shall be confronted with the witnesses testifying
against him, and
5th, Shall have a public and speedy trial by an impartial
Jury.
No person shall be put in jeopardy of life or liberty
more than once for the same offence.
No conviction shall work corruption of blood, or general
forfeiture of estate.
Excessive bail shall not be required or excessive fines
imposed; nor cruel and unusual punishments inflicted.
The power of the Courts to punish for contempts should
always be limited by legislative acts.
A faithful, honest, and fearless execution of the laws is
essential to good order; and good order in society is
essential to true Liberty.
Legislative Acts in violation of the fundamental law are
void; and the Judiciary shall so declare them.
Ex post facto laws, or laws impairing the obligation of
contracts, or retroactive legislation affecting the rights of
the citizens, are prohibited.
Laws should have a general operation, and no general
law should be varied in a particular case, by special
legislation, except upon notice to all persons to be affected
thereby.
The right of taxation can be granted only by the
People, and should be exercised by their agents in
Government only for the legitimate purposes of Government.
In cases of necessity, private ways may be granted upon
just compensation being first paid; and with this exception
private property shall not be taken except for public use;
and then only upon just compensation, such compensation,
except in cases of pressing necessity, should be first provided
and paid.
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall
issue but upon probable cause, supported by oath or affirmation,
and particularly describing the place or places to be
searched, and the persons or things to be seized.
Extreme necessity only should justify the declaration of
Martial Law.
Large standing armies in times of Peace are dangerous
to Liberty.
No soldier shall, in time of Peace, be quartered in any
house, without the consent of the owner, nor in time of
War, but in a manner prescribed by law.
Titles of Nobility are inconsistent with Republican Equaliity,
and civil honors should come by merit and not by inheritance.
All powers not delegated to the Government, expressly
or by necessary implication, are reserved to the People of the
State. And in all doubtful cases the denial of the grant is
the ground safest for the liberty of the People.
The enumeration of rights herein contained shall not be
construed to deny to the People any inherent rights which
they have hitherto enjoyed.
Mr. Briscoe, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Presiident,
certain Ordinances passed in secret session, which
were signed by the President, and transmitted to the Governor.
Mr. Singleton moved that Mr. Brown of Marion be placed
upon the Committee on Accounts, in lieu of Mr. McDonald
of Ware, who was absent.
The motion was agreed to.
Mr. Bartow, from the Committee on Military affairs,
made the following
REPORT:
The Committee on Military affairs, to whom was referred
an Ordinance to organize a mounted police in each of the
several Counties of the State, and for other purposes, have
considered the same, and report that, in their opinion, the
said Ordinance ought not to pass.
The report was taken up, and agreed to.
Mr. Bartow, from the same Committee. also made the
following
REPORT:
That the Committee to whom was referred a Resolution
directing them "to inquire into the expediency and practicability
of establishing an Armory for the use of the State
within its limits, and to report to the Convention," ask
leave for further time, to make their report.
The report was taken up, read, and the leave asked, was
granted.
Leave of absence was granted to Messrs. Buchanan, Hill
of Hart, Martin of Elbert, Turner of Hancock, Moore of
Bulloch, Pinson, McGriff, Fitzpatrick, Cobb, Richardson
of Twiggs, and Smith of Johnson.
The Convention then adjourned till ten o'clock to-morrow
morning.
TUESDAY, JANUARY 29,1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present, the journal was read.
Mr. Tidwell, moved to reconsider so much of the journal
of yesterday as relates to the passage of
AN ORDINANCE
To make
Provisional arrangements for the continuance of
Commercial facilities in Georgia.
Mr. Hood moved the previous question, which, being
seconded prevailed, when the yeas and nays were demanded
to be recorded.
Mr. Clarke, from the "Committee on the Constitution
and Laws of State, and the Constitution and Laws of the
United States," laid on the table the following report and
resolutions referred to there in
"Mr. President: I am instructed to report a set of resolutions
in connection herewith, for providing some remedy
against the unlawful seizure of the arms and other property
of the State of Georgia, by the authorities or people of other
States, and which report is also made at the suggestion
and request of his Excellency the Governor of this State.
Whereas, late events indicate a disposition upon the part
of certain persons at the North, either under the authority
of the State officers, or in unauthorized bands to seize and
retain arms and ammunition intended for the seceding States,
and wheras, Georgia cannot and will not tolerate any such
interference with her rights, under the Laws of Nations
therefore:
Be it resolved, That upon sufficient information being given
to him of any such interference with arms or ammunition,
intended for Georgia, the Governor of this State be, and he
is herby authorized, immediately to demand of the Governor
of the State where such outrage is committed, a restitution
of the property, or ample remuneration for the same,
with security against the repetition of such outrage. And
if such indemnity is not given within twelve days from the
date of the demand, the Governor of this State is hereby
authorized to make reprisals from the property of the citizens
of such recreant State, to be found within the borders of
this State, or the waters adjacent thereto; and in his discretion
he may issue in addition thereto, letters of Marque
and Reprisal against the commerce going to and coming
from the ports of such recusant State under the flag of the
United States of America.
Be it further resolved, That whenever the Governor shall
thus proceed, the judgment and other liens in favor of citizens
of such recusant State proceeded against shall be suspended,
and such citizens shall lose and not be allowed to
hold any status as Plaintiffs in any of the Courts of this
State.
The report was read and laid on the table till after the recess.
Mr. Nisbet, from the committee of seventeen, to report
the Ordinance of Secession, after stating that it was written
by Mr. Toombs made the following
REPORT,
which was taken up, read, and adopted.
"The people of Georgia having dissolved their political
connection with the Government of the United States of
America, present to their confederates, and the world, the
causes which have led to the separation. For the last ten years
we have had numerous and serious causes of complaint
against our non-slaveholding confederate States, with reference
to the subject of African slavery. They have endeavored
to weaken our security, to disturb our domestic peace
and tranquility, and persistently refused to comply with their
express constitutional obligations to us in reference to that
property, and by the use of their power in the Federal
Government, have striven to deprive us of an equal enjoyment
of the common Territories of the Republic. This hostile
policy of our confederates has been pursued with every
circumstance of aggravation which could arouse the passions
and excite the hatred of our people, and has placed the
two sections of the Union, for many years past, in the condition
of virtual civil war. Our people, still attached to the
Union, from habit and National traditions, and averse to
change, hoped that time, reason and argument, would bring,
if not redress, at least exemption from farther insults, injuries
and dangers. Recent events have fully dissipated all
such hopes, and demonstrated the necessity of separation.
Our Northern confederates, after a full and calm hearing
of all the facts, after a fair warning of our purpose not
to submit to the rule of the authors of all these wrongs
and injuries, have, by a large majority, committed the
Government of the United States into their hands. The people
of Georgia, after an equally full and fair and deliberate
hearing of the case, have declared with equal firmness,
that they shall not rule over them. A brief history of the
rise, progress and policy of anti-slavery, and of the political
organization into whose hands the administration of
the Federal Government has been committed, will fully justify
the pronounced verdict of the people of Georgia. The
party of Lincoln, called the Republican party, under its
present name and organization is of recent origin. It is
admitted to be an anti-slavery party, while it attracts to
itself by its creed, the scattered advocates of exploded political
heresies, of condemned theories in political economy,
the advocates of commercial restrictions, of protection, of
special privileges, of waste and corruption in the administration
of Government; anti-slavery is its mission and its
purpose. By anti-slavery it is made a power in the State.
The question of slavery was the great difficulty in the way
of the formation of the Constitution. While the subordination
and the political and social inequality of the African
race were fully conceded by all, it was plainly apparent
that slavery would soon disappear from what are now the
non-slaveholding States of the original thirteen; the opposition
to slavery was then, as now, general in those States,
and the Constitution was made with direct reference to that
fact. But a distinct abolition party was not formed in the
United States, for more than half a century after the Government
went into operation. The main reason was, that the
North, even if united, could not control both branches of
the Legislature during any portion of that time. Therefore,
such an orginazition must have resulted, either in utter
failure, or in the total overthrow of the Government.
The material prosperity of the North was greatly dependent
on the Federal Government; that of the South not at
all. In the first years of the Republic, the navigating, commercial
and manufacturing interests of the North, began to
seek profit and aggrandizement at the expense of the
agricultural interests. Even the owners of fishing smacks,
sought and obtained bounties for pursuing their own business,
which yet continue--and half a million of dollars are
now paid them annually out of the Treasury. The navigating
interests begged for protection against foreign ship
builders, and against competition in the coasting trade;
Congress granted both requests, and by prohibitory acts,
gave an absolute monopoly of this business to each of their
interests, which they enjoy without diminution to this day.
Not content with these great and unjust advantages, they
have sought to throw the legitimate burthens of their business
as much as possible upon the public; they have succeeded
in throwing the cost of light-houses, buoys, and the
maintenance of their seamen, upon the Treasury, and the
Government now pays above two millions annually for the
support of these objects. These interests in connection
with the commercial and manufacturing classes, have also
succeeded, by means of subventions to mail steamers, and
the reduction of postage, in relieving their business from
the payment of about seven millions of dollars annually,
throwing it upon the public Treasury, under the
name of postal deficiency. The manufacturing interest
entered into the same struggle early, and has clamored
steadily for Government bounties and special favors. This
interest was confined mainly to the Eastern and Middle
non-slaveholding States. Wielding these great States, it held
great power and influence, and its demands were in full
proportion to its power. The manufacturers and miners
wisely based their demands upon special facts and reasons,
rather than upon general principles, and thereby mollified
much of the opposition of the opposing interest. They
pleaded in their favor, the infancy of their business in this
country,the scarcity of labor and capital, the hostile legislation
of other countries towards them, the great necessity of
their fabrics in the time of war, and the necessity of high
duties to pay the debt incurred in our war for independence;
these reasons prevailed, and they received for many years
enormous bounties by the general acquiescence of the whole
country.
But when these reasons ceased, they were no less clamorous
for government protection; but their clamors were less
heeded,--the country had put the principle of protection
upon trial, and condemned it. After having enjoyed
protection to the extent of from fifteen to two hundred
per cent, upon their entire business, for above thirty years, the
Act of 1846 was passed. It avoided sudden change, but
the principle was settled, and free-trade, low duties, and
economy in public expenditures was the verdict of the
American people. The South, and the Northwestern States
sustained this policy. There was but small hope of its
reversal,--upon the direct issue, none at all. All these classes
saw this, and felt it, and cast about for new allies. The
anti-slavery sentiment of the North offered the best chance
for success. An anti-slavery party must necessarily look to
the North alone for support; but a united North was now
strong enough to control the government in all of its departments,
and a sectional party was therefore determined
upon. Time, and issues upon slavery were necessary to
its completion and final triumph. The feeling of anti-slavery,
which it was well known was very general among
the people of the North, had been long dormant or passive,--it
needed only a question to arouse it into aggressive activity.
This question was before us: we had acquired a
large territory by successful war with Mexico; Congress
had to govern it, how--in relation to slavery--was the question,
then demanding solution. This state of facts gave form
and shape to the anti-slavery sentiment throughout the
North, and the conflict began. Northern anti-slavery men
of all parties asserted the right to exclude slavery from the
territory by Congressional legislation, and demanded the
prompt and efficient exercise of this power to that end.
This insulting and unconstitutional demand was met with
great moderation and firmness by the South. We had shed
our blood and paid our money for its acquisition; we
demanded a division of it, on the line of the Missouri
restriction, or an equal participation in the whole of it. These
propositions were refused, the agitation became general,
and the public danger great. The case of the South was
impregnable. The price of the acquisition was the blood
and treasure of both sections--of all; and therefore it
belonged to all, upon the principles of equity and justice.
The Constitution delegated no power to Congress to exclude
either party from its free enjoyment; therefore, our right
was good, under the Constitution. Our rights were further
fortified by the practice of the government from the
beginning. Slavery was forbidden in the country Northwest
of the Ohio river, by what is called the Ordinance of
1787. That ordinance was adopted under the old confederation,
and by the assent of Virginia, who owned and ceded
the country; and, therefore, this case must stand on its own
special circumstances. The government of the United
States claimed territory by virtue of the treaty of 1783
with Great Britain; acquired territory by cession from
Georgia and North Carolina; by treaty from France, and
by treaty from Spain. These acquisitions largely exceeded
the original limits of the Republic. In all of these acquisitions
the policy of the government was uniform. It opened
them to the settlement of all the citizens of all the States
of the Union. They emigrated thither with their property
of every kind (including slaves),--all were equally protected
by public authority in their persons and property,
until the inhabitants became sufficiently numerous, and
otherwise capable of bearing the burthens and performing
the duties of self-government, when they were admitted
into the Union, upon equal terms with the other States, with
whatever republican constitution they might adopt for
themselves.
Under this equally just and beneficent policy, law and
order, stability and progress, peace and prosperity marked
every step of the progress of these new communities, until
they entered as great and prosperous commonwealths into
the sisterhood of American States. In 1820, the North
endeavored to overturn this wise and successful policy, and
demanded that the State of Missouri should not be admitted
into the Union, unless she first prohibited slavery within
her limits, by her Constitution. After a bitter and protracted
struggle, the North was defeated in her special object;
but her policy and position led to the adoption of a
section in the law, for the admission of Missouri, prohibiting
slavery in all that portion of the territory acquired
from France, lying North of 36 deg. 30 min. North latitude,
and outside of Missouri. The venerable Madison, at the
time of its adoption, declared it unconstitutional; Mr. Jefferson
condemned the restriction, and foresaw its consequences,
and predicted that it would result in the dissolution
of the Union. His prediction is now history. The
North demanded the application of the principle of prohibition
of slavery to all of the territory acquired from Mexico,
and all other parts of the public domain, then and in
all future time. It was the announcement of her purpose
to appropriate to herself all the public domain then owned
and thereafter to be acquired by the United States. The
claim itself was less arrogant and insulting than the reason
with which she supported it. That reason was her fixed
purpose to limit, restrain and finally to abolish slavery in
the States where it exists. The South, with great unanimity,
declared her purpose to resist the principle of prohibition
to the last extremity. This particular question, in
connection with a series of questions affecting the same
subject, was finally disposed of by the defeat of prohibitory
legislation.
The Presidential election of 1852, resulted in the total
overthrow of the advocates of restriction and their party
friends. Immediately after this result, the anti-slavery portion
of the defeated party, resolved to unite all the elements
in the North, opposed to slavery, and to stake their future
political fortunes upon their hostility to slavery everywhere.
This is the party to whom the people of the North have
committed the government. They raised their standard in
1856,and were barely defeated; they entered the Presidential
contest again, in 1860, and succeeded.
The prohibition of slavery in the territories,hostility to it
everywhere, the equality of the black and white races,
disregard of all constitutional guarrantees in its favor, were
boldly proclaimed by its leaders, and applauded by its
followers.
With these principles on their banners and these utterances
on their lips, the majority of the people of the North
demand, that we shall receive them as our rulers.
The prohibition of slavery in the territories is the cardinal
principle of this organization.
For forty years this question had been considered, and
debated in the halls of Congress, before the people, by the
press, and before the tribunals of justice. The majority of
the people of the North in 1860, decided it in their own
favor. We refuse to submit to that judgment, and in vindication
of our refusal, we offer the constitution of our country,
and point to the total absence of any express power to
exclude us; we offer the practice of our government, for the
first thirty years of its existence, in complete refutation of
the position that any such power is either necessary or proper
to the execution of any other power in relation to the
territories. We offer the judgment of a large minority of
the people of the North, amounting to more than one-third
who united with the unanimous voice of the South against
this usurpation; and finally, we offer the judgment of the
Supreme Court of the United States, the highest judicial
tribunal of our country in our favor. This evidence ought
to be conclusive, that we have never surrendered this right;
the conduct of our adversaries admonishes us that if we
had surrendered it, it is time to resume it.
The faithless conduct of our adversaries, is not confined
to such acts as might aggrandize themselves or their section
of the Union; they are content, if they can only injure
us. The constitution declares, that persons charged with
crimes in one State and fleeing to another, shall be delivered
up on the demand of the Executive authority of the State
from which they may flee, to be tried in the jurisdiction
where the crime was committed. It would appear difficult
to employ language freer from ambiguity; yet, for above
twenty years, the non-slaveholding State, generally, have
wholly refused to deliver up to us persons charged with
crimes affecting slave property; our confederates, with punic
faith, shield and give sanctuary to all criminals, who
seek to deprive us of this property, or who use it to destroy
us. This clause of the constitution has no other sanction
than their good faith; that is withheld from us; we are
remediless in the Union; out of it, we are remitted to the
laws of nations.
A similar provision of the Constitution requires them to
surrender fugitives from labor. This provision and the one
last referred to, were our main inducements for confederating
with the Northern States; without them, it is historically
true, that we would have rejected the Constitution.
In the fourth year of the Republic, Congress passed a law to
give full vigor and efficiency to this important provision.
This act depended to a considerable degree upon the local
magistrates of the several States for its efficiency; the
non-slaveholding States generally repealed all laws intended to
aid the execution of that act, and imposed penalties upon
those citizens whose loyalty to the Constitution, and their
oaths, might induce them to discharge their duty. Congress
then passed the act of 1850, providing for the complete
execution of this duty by Federal Officers. This law which
their own bad faith rendered absolutely indispensable for
the protection of constitutional rights, was instantly met
with ferocious revilings, and all conceivable modes of hostility.
The Supreme Court unanimously, and their own
local Courts, with equal unanimity, (with the single and
temporary exception of the Supreme Court of Wisconsin,)
sustained its constitutionality in all of its provisions. Yet
it stands to-day a dead letter, for all practicable purposes, in
every non-slaveholding State in the Union. We have their
covenants, we have their oaths, to keep and observe it, but
the unfortunate claimant, even accompanied by a Federal
Officer, with the mandate of the highest judicial authority
in his hands, is everywhere met, with fraud, with force, and
with legislative enactments, to elude, to resist and defeat
him; claimants are murdered with impunity; Officers of
the law are beaten by frantic mobs, instigated by inflammatory
appeals from persons holding the highest public employment
in these States, and supported by legislation in
conflict with the clearest provisions of the Constitution, and
even the ordinary principles of humanity. In several of our
confederate States, a citizen can not travel the high-way
with his servant, who may voluntarily accompany him, without
being declared by law a felon, and being subjected to
infamous punishments. It is difficult to perceive how we
could suffer more by the hostility, than by the fraternity of
such brethren.
The public law of civilized nations requires every State
to restrain its citizens or subjects from committing acts
injurious to the peace and safety of any other State, and from
attempting to excite insurrection, or to lessen the security,
or to disturb the tranquility of their neighbors, and our
Constitution wisely gives Congress the power to punish all
offences against the laws of nations.
These are sound and just principles which have received
the approbation of just men in all countries, and all centuries.
But they are wholly disregarded by the people of the
Northern States, and the Federal Government is impotent
to maintain them. For twenty years past, the Abolitionists
and their allies in the Northern States, have been engaged
in constant efforts to subvert our institutions, and to excite
insurrection and servile war amongst us. They have sent
emissaries among us, for the accomplishment of these purposes.
Some of these efforts have received the public sanction
of a majority of the leading men of the Republican
party in the National Councils, the same men who are now
proposed as our rulers. These efforts have in one instance
led to the actual invasion of one of the slave-holding States,
and those of the murderers and incendiaries, who escaped
public justice by flight, have found fraternal protection
among our Northern Confederates.
These are the men who say the Union shall be preserved.
Such are the opinions and such are the practices of the
Republican Party, who have been called by their own votes
to administer the Federal Government under the Constitution
of the United States; we know their treachery, we
know the shallow pretences under which they daily disregard
its plainest obligations; if we submit to them, it will
be our fault and not theirs. The people of Georgia have
ever been willing to stand by this bargain, this contract;
they have never sought to evade any of its obligations;
they have never hitherto sought to establish any new
government, they have struggled to maintain the ancient right
of themselves and the human race, through and by that
Constitution. But they know the value of parchment rights,
in treacherous hands, and therefore, they refuse to commit
their own to the rulers whom the North offer us. Why?
Because by their declared principles and policy, they have
outlawed three thousand millions of our property in the
common territories of the Union, put it under the ban of
the Republic in the States where it exists, and out of the
protection of Federal law everywhere; because they give
sanctuary to thieves and incendiaries who assail it to the
whole extent of their power, in spite of their most solemn
obligations and covenants; because their avowed purpose is
to subvert our society, and subject us, not only to the loss
of our property but the destruction of ourselves, our wives
and our children, and the desolation of our homes, our altars,
and our firesides. To avoid these evils, we resume the
powers which our Fathers delegated to the Government
of the United States, and henceforth will seek new safeguards
for our liberty, equality, security and tranquility."
On motion of Mr. Nisbet, 10,000 copies of the report
were ordered to be printed in pamphlet form, for the use
of the Convention.
Mr. Moor, from the Committee on Enrolment, made the
following report:
The Committee on Enrolment report that they have enrolled
and have now ready for the signature of the President
the following ordinances, to-wit:
An ordinance to adopt certain laws of` the late United
States.
Also an ordinance to define certain offences against the
State of Georgia.
Whereupon the President signed, and the same were
deposited in the office of the Secretary of State.
Mr. Wofford offered the following resolution, which was
taken up, read, and adopted.
"Resolved, That the Pension Agent of the United States
for the State of Georgia be requested to exercise the usual
functions of his agency, until further instructed by this
Convention."
Mr. Johnson, from the Committee on Enrolment, made
the following report:
Mr. President:--I am instructed by the Committee on
Enrolment to report as duly enrolled--
An ordinance in relation to oaths.
An ordinance to make provisional postal arrangements in
Georgia, and
An ordinance in reference to lands heretofore ceded to the
late United States of America.
Whereupon the President signed, and the same were
deposited in the office of the Secretary of State.
Mr. Rice, from the Committee on the Constitution of the
State and the Constitution and Laws of the United States, to
whom was referred an ordinance in relation to the Circuit
and District Courts of the United States, reported the
following:
AN ORDINANCE
To abolish the Circuit and District Courts of the United
States for the District of Georgia, and to establish other
Courts in lieu thereof, and to continue in force certain
judgements and executions.
The people of Georgia in Convention assembled, hereby declare
and ordain,
That the Circuit and District Courts of the late United
States for the State of Georgia be, and the same are hereby
abolished as Courts of the said United States, and the
District Courts of the United States for the Northern and
Southern Districts of the State of Georgia are hereby
re-established as Courts of the independent State of Georgia,
with the same jurisdiction and powers as they had under
the laws of the United States, except so far as the same are
modified by the ordinances of this Convention.
2. The commissions of all the judges and officers of said
Courts are hereby terminated. And the Governor of this
State is hereby authorized to appoint and commission a
judge and other officers of said Courts to hold their
commissions until the further action of this Convention--the
said Judge to reside in or near the city of Savannah in this
State, and the said Judge shall receive at the rate of
twenty-five hundred dollars per annum as his salary.
3. The causes, civil and criminal, now pending in the
Circuit Court of the late United States of Georgia, are
hereby transferred to the District Court now hereby
established for the Southern District of Georgia, and the said
District Court shall have power to hear and determine the
same.
4. The causes, civil and criminal, now pending in the
District Courts of the Northern and Southern Districts of
Georgia are continued without prejudice in the said Courts
now hereby established; and the judgments and decrees
heretofore rendered therein, and the executions issued thereon,
shall lose no right, lien or validity by the operation of
this ordinance or the ordinance of secession, but shall
continue in force, as if the courts remained in existence, and
the stay law of the General Assembly of 1860 shall apply
to the judgments and proceedings of said courts.
5. No civil suits in favor of citizens of other States shall
be instituted in said Courts until the further orde r of this
Convention, except cases of admiralty and maritime
jurisdiction.
The report was taken up and agreed to, and the ordinance
having been twice read, was adopted.
Mr. Fleming laid upon the table the following ordinance,
which was read, and laid on the table till after the recess.
To alter and amend the first section of the third article of
the Constitution of Georgia.
The people of Georgia in Convention assembled do declare and
ordain,
That so much of the first section of the third article of
the Constitution of Georgia, as is in the following words, to
wit: "The Supreme Court shall consist of three Judges,
who shall be elected by the Legislature, for such term of
years as shall be prescribed by law, and shall continue in
office until their successors shall be elected and qualified,"
shall be stricken out, and the following inserted in lieu and
place thereof, to wit:
The Supreme Court shall consist of five Judges, who
shall be appointed by the Governor of the State, with the
advice and consent of two-thirds of the Senate, and shall
hold their office during good behavior.
And be it further enacted, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "And shall sit at least once a
year, at a time to be prescribed by law, in each of the five
judicial districts, to be hereafter laid off and designated by
the Legislature for that purpose, at the most central point
in each judicial district, or at such other point in each
district as shall, by the General Assembly, be ordained for
the trial and determination of writs of error from the several
Superior Courts included in each judicial district," shall
be stricken out, and the following inserted in lieu and place
thereof, to-wit: And shall sit at least twice a year at
Milledgeville; or wherever the Capitol of the State may be, for
the trial and determination of writs of error, from the several
Superior Courts of this State.
And be it further ordained, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "And the said court shall at
each session, in each district, dispose of and finally determine
each and every case on the docket of such court, at
the first term after such writ of error brought," shall be
stricken out, and the following inserted in lieu thereof, to-wit:
"And the said court shall, at each session, hear each
and every case on the docket, unless prevented by
Providential cause, and shall, in their discretion, dispose of and
finally determine the same, either at the first or second
term after such writ of error brought, and no decision shall
be pronounced orally, but each and every decision shall be
reduced to writing and submitted to the other Judges, or a
majority of them for correction and approval before it is
pronounced."
And be it further ordained, That so much of the said first
section of the third article of the Constitution, as is in the
following words, to-wit: "The Judges of the Superior
Courts shall be elected for the term of four years, and shall
continue in office until their successors shall be elected and
qualified," shall be stricken out, and the following inserted in
lieu thereof, to-wit: The Judges of the Superior Courts
shall be appointed by the Governor, with the advice and
consent of two-thirds of the Senate, and shall continue in
office during good behavior."
Mr. Hamilton laid on the table the following ordinance,
which was taken up, read twice, and adopted:
"In view of the present condition of the country, and
the alleged apprehension of foreign capitalists as to the
scarcity of capital invested in this State--
Be it ordained, That to encourage the manufacturing and
mining and other permanent improvements of this State,
this Convention does hereby declare it to be the fixed policy
of Georgia to protect all investments already made, or which
may be hereafter made by citizens of other States, in mines
or manufacturing in this State, and capital invested in any
other permanent improvement."
Mr. Bartow laid on the table the following resolution,
which was taken up, read, and adopted:
Whereas, Certain patriotic citizens of Georgia and South
Carolina placed in the service of the State large numbers
of their slaves, without remuneration, who were actively
and laboriously employed at Fort Pulaski for about two
weeks--
Be it resolved by the people of Georgia in Convention
assembled, That the Governor be requested to convey to each of
the gentlemen who contributed this force, the thanks of this
Convention for their patriotic action.
And be it further resolved, That the Governor be also
requested and authorized to make a suitable gratuity in money
to the slaves thus employed.
Mr. Bartow also offered the following:
"An ordinance concerning officers of the militia"--which
was read and laid on the table.
Mr. Singleton laid on the table the following resolution,
which was taken up, read, and agreed to:
"Resolved, That the Committee on Accounts, at their
earliest convenience, make a report providing for the pay of
delegates sent by this Convention to Montgomery, and
Commissioners sent to the Slaveholding States."
Mr. Whitehead's resolution relative to adjournment, and
the re-assembling of this Convention, was taken up and
read.
Mr. Whitehead moved to fill the blank therein with the
word "Savannah." The motion was lost. The word
"Macon" was also proposed, which was lost. The blank
was then filled with the word "Milledgeville," and the
resolution was adopted.
Mr. Toombs, from the "Committee on Federal Relations,"
to whom was referred the consideration of appointing a
Commissioner from Georgia to Kentucky, reported that the
committee recommended the appointment of the Hon.
W. C. Daniell to that State.
The report was taken up and agreed to.
Mr. Means offered the following resolution, which was
taken up, read, and agreed to:
"Resolved, That the, Convention signify its purpose to
encourage, cherish, and advance, by all legitimate means in
their power, all the important home institutions within their
limits, whether literary, scientific, mechanical, agricultural,
or professional, that they may aid in developing as far as
practicable, the moral and intellectual resources of the State
to sustain her present, and advance her future fortunes."
Mr. Glenn, of Fulton, offered the following preamble and
resolutions:
Whereas, Information has been communicated to this
Convention of the death of the Hon. Charles Murphy, a
delegate elect from the county of DeKalb, which occurred
at his residence on the morning of the 16th instant.
Be it resolved unanimously, That this Convention do hereby
sympathize with the family of the deceased in their sad
bereavment, and deeply regret the loss of his services to the
State and country.
Resolved, That the Secretary furnish a certified copy of
this resolution to the family of the deceased.
The same were taken up, read, and made the special order
for the afternoon of this day.
The President laid on the table the following communication
from the Hon. Thomas Y. Simons, chairman of the
Committee on Engrossed Ordinances and Resolutions of the
South Carolina Convention, which was taken up and read:
CHARLESTON, January 22, 1861.
To the Honorable the President of the Convention of the people
of Georgia:
SIR:--I have the honor herewith to transmit to you, for
the use of the distinguished body over which you preside,
printed copies of the following documents, adopted by the
people of South Carolina, in convention assembled, to-wit:
1. The declaration of the immediate causes which induce
and justify the secession of South Carolina from the Federal
Union, and the ordinance of secession.
2. The address of the people of South Carolina, assembled
in convention, to the people of the Slaveholding States
of the United States.
3. Report on the address of a portion of the members of
the General Assembly of Georgia.
4. Reports and resolutions providing for commissioners
to the Slaveholding States.
5. The correspondence between the Commissioners of the
State of South Carolina to the Government at Washington,
and the President of the United States.
The noble position which Georgia has taken in the
maintenance of constitutional guarantee and right, has cheered
the hearts and nerved the arms of our people in their defence.
In the earnest hope that our respective commonwealths,
having cast aside the yoke of a hostile section, and resumed
their separate independence, may soon be united with their
sisters of the South in a Confederacy having similar institutions
to protect, and similar interests to promote, and
which may forever stand forth as at once the emblem and
the realization of a government of liberty without licence,
of law without oppression, and of philanthrophy without
fanaticism,
I am, with the highest regard and esteem,
Your obedient servant,
THOMAS Y. SIMONS,
Chairman Committee on Engrossed Ordinances and
Resolulutions.
The Convention then adjourned till 4 o'clock this afternoon.
4 O'CLOCK P. M.
Mr. Briscoe, from the committee to obtain the services of
a suitable clergyman to officiate by opening the daily sessions
of this Convention with prayer, offered for adoption
the following resolution:
"Resolved, That the thanks of this Convention are due,
and are hereby tendered to the Rev. William Flinn and the
Rev. H. J. Adams (residents in this city) for their acceptable
services to this Convention."
The resolution was taken up, read, and unanimously
adopted.
Mr. Hill, of Troup, moved to reconsider so much of the
resolution adopted this morning relative to the re-assembling
of this Convention at "Milledgeville," after the recess.
The President decided that the motion was out of order.
Mr. Hill appealed from the decision of the Chair. The
appeal was sustained by the Convention.
Whereupon, Mr. Hill moved to take up the resolution,
to strike out "Milledgeville" and insert "Savannah," upon
which motion the yeas and nays were demanded to be
recorded.
An Ordinance to protect investments of Foreign Capital.
All of which were signed by the President, and deposited
in the office of the Secretary of State.
Mr. Hill of Troup, offered the following resolution, which
was taken up, read, and agreed to:
"Resolved, That the delegates to this Convention, from
the county of Chatham, be, and they are hereby requested
and authorized to make all suitable arrangements for the
sittings of this Convention when it shall assemble after the
recess in the city of Savannah."
Mr. Clarke of Dougherty, offered the following resolution,
which was taken up, read and agreed to.
"Resolved, That His Excellency, the Governor, be, and he
is hereby authorized to advance to our Commissioners to
the several States, and the members of the State to the
Montgomery Convention, such sums as, in his discretion
may be necessary, and to draw his warrant on the Treasury
for the same."
Mr. McLeod of Wilcox, laid on the table a preamble and
resolution, which was taken up, read and referred to the
Committee on Foreign Relations.
Mr. Glenn of Fulton, offered the following resolution:
"Resolved, That His Excellency, the Governor, be, and he
is hereby requested to order an election for a delegate from
the county of DeKalb, to fill the vacancy occasioned by the
death of the Hon. Charles Murphy, deceased, or any other
vacancy that may occur after giving ten days notice for said
election."
The resolution was taken up, read and adopted.
Mr. Bartow offered the following resolution:
"Resolved, That the Messenger and Door Keeper of this
Convention be allowed each, eight dollars a day, as their
compensation, and that the assistant Door Keeper be allowed
two dollars a day while on duty."
The resolution was taken up, read and adopted.
The special order of the afternoon, to-wit:
The preamble and resolution offered by Mr. Glenn of
Fulton, relative to the death of the Hon. Charles Murphy,
a delegate elect, from the county of DeKalb, was taken up,
read, and unanimously adopted.
On motion of Mr. Kenan, the Convention then adjourned,
subject to the call of the President, or in the event of his
resignation or death, to the call of the Governor, in
accordance with the resolution adopted this afternoon.
Mr. Bartow,from the Committee on Military Affairs, made
the following reports:
First:--
AN ORDINANCE
Concerning Officers of the Army and Navy.
Whereas, certain officers of the Army and Navy of the
United States, citizens of the State of Georgia, impelled by
patriotic motives, have already resigned their appointments,
and tendered their services to the State; and whereas, others
desire to make the same tender.
Be it ordained, by the people of Georgia, in Convention
assembled,
That all such officers who have resigned for the purpose
aforesaid, or have made such offer, and all those on the active
list who may resign and make such tender of service
within such time as circumstances may admit, shall be received
into the service of the State, and shall be appointed and
commissioned by the Governor, to the same relative rank
in the Army and Navy of Georgia, which they held under
the Government of the United States, and shall receive the
same pay from their entrance into service as they were entitled
to at the time of their resignations.
Provided, That such commissions shall not extend beyond
the time at which a Government of the Southern Seceding
States shall be established, and provided further, that the
Governor of this State shall employ such officers in the service
to which they may be respectively attached, in such a
manner as in his judgment the public exigences may require.
Second:
AN ORDINANCE
To provide for the public defence.
Be it further ordained by the People of the State of Georgia, in
Convention assembled,
That the Governor of this State is hereby authorized to
raise and equip a regular military force, and to employ the
same in such defensive service as the public security in this
or neighboring States may demand. Such regular force
shall not exceed two regiments of infantry, or infantry and
artillery in such proportion as the Governor may direct.
The Governor as Commander-in-Chief, shall appoint and
commission the necessary officers for these forces, selecting
as far as practicable, officers of the United States Army, who
may have entered the service of this State, according to
their relative rank, but all such commissions may be revoked
whenever a Government shall be established by the
Southern States to which Georgia shall accede.
And be it further ordained, That for the regulation of all
military matters, not otherwise provided for by the laws of
this State, the articles of war, and the army regulations declared
and established by the United States Government, as
lately existing, are hereby adopted as far as applicable to
the present condition of this State.
Third:
Resolved, That the Governor be authorized to purchase
for the defence of the sea-board of Georgia, two propeller,
or other steamers, and two sailing vessels, of light draft, to
be armed and manned in such manner as their tonnage and
capacity may require.
The reports were severally taken up, read, and made the
special order of the day to-morrow.
The special order of the day, to-wit: the Resolutions and
Reports of Mr. Bartow from the Committee on Military
affairs, were taken up for consideration:
On motion of Mr. Bartow, the Resolution authorizing
the Governor to purchase, for the defence of the State,
two propeller or other steamers, and two sailing vessels,
was taken up, and, on his motion recommitted and amended
by inserting the words "or procure," after the word
"purchase;" striking out the word "two" and inserting "three;"
and striking out the words "and two sailing vessels."
He also moved to amend the same by inserting the following
additional Resolution:
Resolved, That the Governor be requested to contract
with the Cuba Telegraph Company, for the construction of
branch lines from the mainland to Brunswick, and such
other place on the coast as may be expedient for the use of
the State.
The amendments were received, and the Resolutions as
amended were adopted.
Mr. Bartow then moved to take up the Ordinance for the
public defence. On his motion the same was recommitted
for amendment, when he offered the following, to add to
the second section the words:
"The officers and enlisted men raised by this Ordinance
shall receive the same pay and emoluments as are provided
for similar service by the Laws of the United States."
The amendment was received and the Ordinance was
read twice and adopted.
He then moved to take up the Ordinance concerning
officers of the Army and Navy, and recommit the same for
amendment.
The Ordinance was amended by striking out the first
proviso, to-wit: "Provided, That such Commissions shall
not extend beyond the time at which a Government of the
Southern seceding States shall be established."
The amendment was received and the Ordinance having
been read twice was adopted.
Mr. Bartow, from the Committee on Military affairs, also
reported the following Resolutions, which, on his motion,
were taken up, read, and adopted, to-wit:
"Whereas, The present attitude of the State of Georgia
requires that she should be put immediately in a state of
defence, and this military preparation demands prompt
action and sound organization, both for efficiency and
economy.
Be it Resolved, That the Governor be, and he is hereby
empowered to employ such a military staff as may be
necessary for effecting an organization, and introducing a
sound system of administrative accountability.
Be it further Resolved, That these appointments shall be
temporary, until such time as the Southern seceding States
shall establish a Government, and provide a Military
Establishment for their common defence, and that the officers
so appointed shall keep their offices at such points, to be
stationed in such manner as the Governor and
Commander-in-Chief may direct."
On motion of Mr. Bartow the foregoing Ordinances and
Resolutions were ordered to be enrolled, and when signed
by the President, to be delivered to the Governor.
PROCEEDINGS OF THE CONVENTION,
AT SAVANNAH
In Open Session.
SAVANNAH, GEORGIA,
March 7th, 1861.
The Convention, in accordance with the Proclamation
of the President, under its resolution at Milledgeville to
take a recess, met this day at the hour of 12 o'clock, M., in
this city, and was opened with prayer by the Rev. Mr.
Caldwell.
A quorum being present, the journal of its last day's
proceedings at Milledgeville was read.
Mr. Hood offered the following resolution:
Resolved, That the President of this Convention do take
the following oath: "I do solemnly swear that I will support,
maintain, and defend the Constitution of the Provisional
Government of the Confederate States of America to
the best of my ability, so help me God"--before the Hon.
William B. Fleming, Judge of the Superior Courts of the
Eastern District; and that, thereupon, the President
administer the same oath to each of the members of this
Convention, the Secretary and assistant Secretary.
The resolution was taken up, read and disagreed to.
Mr. Smith, of DeKalb, offered the following resolution,
which was taken up, read, and adopted.
Resolved, That the name of P. F. Hoyal be enrolled as a
member of this Convention, and that he be allowed to take
his seat in the same.
Mr. Saffold offered the following resolution, which was
taken up, read and adopted:
Resolved, That the Messenger of the Convention be
authorized to distribute, in equal proportion, to each member
of the Convention, the printed address of the "Committee
of seventeen."
Mr. Hamilton, of Lumpkin offered the following
resolution:
Whereas, It will become necessary for the Confederate
States of America to select a location for a National Capitol.
Be it, therefore,
Resolved, That the Governor of this State be, and he is
hereby authorized to furnish, free of charge, any such location
that might be made in this State.
The resolution was taken up, read and lost.
Mr. Garvin, from a minority of the Committee on Reduction
of the General Assembly, offered the following as
a substitute for the previous report of said Committee,
to-wit:
AN ORDINANCE
To alter the 3d and 7th sections of the 1st Article of the
Constitution of the State of Georgia.
"The Senate shall consist of forty members; four from
each Senatorial District. There shall be ten districts
arranged as follows:
The First District shall be composed of the counties of
Appling, Bryan, Bulloch, Chatham, Camden, Charlton,
Clinch, Coffee, Effingham, Emannel, Glynn, Liberty,
McIntosh, Montgomery, Pierce, Scriven, Telfair, Tatnall, Ware,
and Wayne.
The Second District shall be composed of the counties of
Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly,
Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes,
Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and
Worth.
The Third District shall be composed of the counties of
Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman,
Stewart, Sumter, Schley, Taylor, Talbot and Webster.
The Fourth District shall be composed of the counties of
Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens,
Putnam, Pulaski, Twiggs, and Wilkinson.
The Fifth District shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
The Sixth District shall be composed of the counties of
Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan,
Newton, Oglethorpe, Taliaferro, and Walton.
The Seventh District shall be composed of the counties
of Butts, Clayton, Fayette, Henry, Meriwether, Monroe,
Pike, Spalding, Troup, and Upson.
The Eighth District shall be composed of the counties of
Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralalson,
Heard, Paulding, and Polk.
The Ninth District shall be composed of the counties of
Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham,
Hall, Jackson, Lumpkin, Milton, Pickens, Rabun, Towns,
Union, and White.
The Tenth District shall be composed of the counties of
Cass, Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon,
Gilmer, Murray, Walker, and Whitfield.
At the first election held under this Ordinance there shall
be four Senators elected from each Senatorial District, two
of whom shall hold their office for two years, and two for
four years, and the first Senators elected for each District,
shall be divided into two classes by lot, as soon as the
Senate shall convene and organize.
At every subsequent election which shall be held biennially,
each district shall elect two Senators, who shall
hold their office for four years. After each future enumeration
of the inhabitants of the State, made under the Laws
and Constitution thereof, the General Assembly, at its next
session, may arrange the foregoing Senatorial Districts in
such manner as will, as nearly as practicable, give to each
an equal representative population.
The House of Representatives shall be elected biennially,
and shall consist of one hundred and thirty-two members;
each county shall have one representative.
These amendments shall be subinitted for ratification to
the people of this State, at an election to be holden on the
first day of July next, which shall be managed and conducted
in the usual manner now established by law. Each
voter shall endorse on his ticket the words, "Ratification"
or "No Ratification." The managers in each county shall
make returns in the manner now prescribed, to His Excellency
the Governor, who shall add up all the returns, and
by proclamation on or before the first of August next ensuing
announce the result. If a majority of votes be given
for ratification, the election in October next for members of
the General Assembly shall be held according to this
amendment, and the Governor shall so announce in his said
proclamation.
The report was taken up, and read, and 500 copies
ordered to be printed.
Mr. Shropshire, of Floyd, moved to commit the foregoing
to the Committee on Reduction, and also, to recommit
the original report and substitute to the same Committee.
The motion was agreed to.
Mr. Bell of Forsyth, offered the following resolution:
Resolved, That the people of Georgia in Convention
assembled, most heartily approve the election by the Congress
at Montgomery, of the Hon. Jefferson Davis to the
Presidency, and the Hon. A. H. Stephens to the Vice Presidency
of the Provisional Government of the Confederate
States of America, the duties of which position their distinguished
public services, and acknowledged abilities eminently
qualify them to discharge.
The resolution was taken up, read, and unanimously
adopted.
On motion of Mr. Crawford of Greene, the Secretary of
the Convention was directed to transmit a copy of the
foregoing to the Congress of tle Confederate States of
America.
Mr. Johnson of Clayton, offered the following resolution,
which was taken up, read, and agreed to.
Resolved, That Reporters of newspapers be allowed seats
on the floor of this Convention, when in open session, and
that the Door Keeper and Messenger provide seats for the
same.
Mr. Tidwell offered the following resolution, which was
taken up, read, and agreed to:
Resolved, That Dr. P.F. Hoyal, a delegate elect, from the
county of DeKalb, to fill the vacancy occasioned by the
death of the Hon. Charles Murphy, be allowed to sign the
Ordinance of Secession, as a delegate from said county of
DeKalb.
The President laid upon the table communications from
the Governor of New York, in reference to the resolution
of this Convention in relation to the seizure of Fort Pulaski,
and from the Governors of Maryland and Alabama,
acknowledging the receipt of a copy of the Ordinance of
Secession of this State, which were read by the Secretary.
The President also laid upon the table communications
from Dr. Wm. C. Daniell, the Commissioner from this State
to the State of Kentucky; and from D. C. Campbell, Esq.,
the Commissioner from this State to the State of Delaware;
which were read by the Secretary.
The Convention then adjourned till 11 o'clock, to-morrow
morning.
FRIDAY, MARCH 8, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Landram.
A quorum being present, the journal of yesterday was
read.
Mr. Crawford, of Greene, offered the following preamble
and resolution, which were read:
Whereas, During her connection with the late United
States, the State of Georgia was dependent upon the Northern
States for her school books, and this dependence still
continues; and whereas, it is important that, in all matters
pertaining to education, the South should be independent of
her late confederates. Therefore, to aid in effecting this
desirable object--
Be it resolved by the Convention of the people of Georgia, That
His Excellency, the Governor, be requested to offer a prize
of five hundred dollars each for the following works, to be
written or compiled by citizens resident in the Confederate
States of America, viz: A Spelling Book for the use of
Common Schools; an Arithmetic; an English Grammar;
a Geography, and two Reading Books, one for beginners,
and one for more advanced scholars; the prize to be awarded
by a committee appointed by the Governor, and the
books selected to be published and printed within the
Confederacy, and the copy right to be owned or disposed of by
the authors or compilers of the several books.
Mr. Robertson, of Wilkes, offered the following resolution,
which was read:
Resolved, That the Governor be requested to communicate
to the Convention what provision he has made for the
defence of the State against invasion; the number and character
of the arms distributed, and at what points, and the
amount which has been expended for the same.
Mr. Benning offered the following propositions as a
substitute for the third and seventh sections of the first article of
the Constitution of Georgia:
The Senate shall consist of thirty-two members; four
for each Congressional district, as it shall exist at the time
of their election. Each Congressional district shall, by its
elections biennially on the first Wednesday in October next,
elect its four members in the mode prescribed by the present
law, until that law may be changed by the Legislature.
The House of Representatives shall consist of sixty-four
members, eight for each Congressional district, as it shall
exist at the time of their election. Each Congressional
district shall, by its electors, biennially, on the first Wednesday
of October, elect its eight members, in the mode prescribed
by the present law, until that mode may be change
by the Legislature.
And on Mr. Benning's motion the same was referred to
the "Committee on the Reduction of the General Assembly."
Mr. Rice, of Cobb, offered the following resolution which
taken up and read:
Resolved, That a committee of seven be appointed to examine
into the condition of the defences of the city of Savannah
and its approaches; to inquire what additional
defence, if any, may be necessary, and to report to the
Convention at the earliest possible day.
Mr. Styles moved to lay the same upon the table for the
balance of the session--pending which,
On motion of Mr. Varnadoe, the resolution was laid on
the table for the present.
Mr. Hood laid on the table the following ordinance, which
was read, and, on his motion, was referred to the
"Committee on the Constitution of the State, and the Constitution
and Laws of the United States:"
AN ORDINANCE
In relation to citizens of Georgia holding offices under the
Government of the late United States.
1st. Be it ordained by the people of Georgia in Convention
assembled,
That from and after the passage of this ordinance, any
person who now resides in Georgia, or who was at the date
of his appointment a citizen of Georgia, or who received his
appointment as a citizen of Georgia, and who now holds
any office or appointment under the Government of the
late United States, either civil or military, of honor or profit,
(other than persons connected with the postal service, and
who actually reside in, and perform the service within the
limits of the State,) and who shall not resign the office or
appointment so held within ten days after a knowledge of
the passage of this ordinance, shall forfeit his citizenship,
and shall never hereafter be a citizen of this State.
2nd. Be it further ordained, That in the event of a hostile
demonstration by the Government of the late United States
against the Confederate States of America, or any one of
them, then, and in that event, all property or estate, real
or personal, belonging to any such officer, civil or military,
who shall have continued to adhere to the said government
of the United States, after notice as herein before provided
for, shall forever forfeit all of his said estate, real or personal,
to the State of Georgia; the said property to be
forfeited and confiscated in any county in which the said
property, or any portion of it, may be situate--the same to
be forfeited in an action in the nature of an information--
one half thereof to the State, and the other half to the informer.
3rd. Be it further ordained, That in the event no person
shall make information thereof, it shall be the duty of the
Grand Jury of the county to enquire into the matter, and
require the Attorney or Solicitor General of the circuit to
prosecute the same to judgment, and, in that event, one half
thereof shall go to the county, and the other half to the
State.
4th. Be it further ordained, That should the question of
notice as prescribed for in the first section of this ordinance
arise, it shall not be necessary to prove actual notice to the
said officer, but it shall be held and construed to mean ten
days after reasonable time shall have elapsed to receive
such information by due course of mail.
Mr. Styles offered the following resolution, which was
taken up and read:
Resolved, That the Secretary be instructed to appoint a
page for the convenience of this Convention.
Mr. Fouche moved to insert "two pages" instead of "a
page."
The motion was lost.
The motion to adopt the resolution was also lost.
The ordinance offered by Mr. Fleming "to alter and amend
the first section of the third article of the Constitution of
Georgia," was taken up, and, on motion of Mr. Ramsey,
was referred to the "Committee on the Constitution and
Laws of the State, and the Constitution of the United
States."
The report of Mr. Clarke, from the "Committee on the
Constitution and Laws of the State, and the Constitution
of the United States," to-wit: A preamble and resolutions
in relation to, reprisals--was taken up and recommitted to
the same committee.
The report of Mr. Cobb, from the Commmittee on the
"Constitution and Laws of the State, and the Constitution
of the United States," to-wit: The "Bill of Rights"--was
taken up, and, on motion, was postponed for the present.
Mr. Anderson's preamble and resolutions in relation to
"Direct Trade,"was taken up, and on motion of Mr. Styles,
was postponed for the present.
Leave of absence was granted to Messrs. Porter, Bailey,
and Wofford for a few days.
On motion of Mr. Rice, the Convention then went into
secret session, and having spent some time therein, the
Convention adjourned till eleven o'clock to-morrow
morning.
SATURDAY, MARCH 9, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present the journal was read.
On motion, the journal of yesterday when in secret session,
was read, secrecy having been removed from the proceedings
of the Convention of that day.
The President announced the following committee in accordance
with the resolution of Mr. Rice adopted on yesterday
relative to the defence of Savannah, and its approaches,
to-wit:
Messrs. Rice, Varnadoe, Burnett, Gaulden, Williams, of
McIntosh, Giles, and Alexander, of Upson.
The President laid on the table a communication from
Messrs. Toombs, Nisbet, Stephens, Bartow, Hill, and Cobb,
delegates to the Congress at Montgomery, and members of
this Convention explanatory of their absence.
He also laid on the table a communication from General
John W. A. Sanford, Commissioner from Georgia to Texas,
which, was read, and on motion of Mr. Alexander, of Upson,
was laid on the table.
Mr. Varnadoe offered the following preamble and resolution,
which were taken up and read:
Whereas, General David E. Twiggs, late of the United
States Army, actuated by a sense of duty and patriotism,
and in obedience to the allegiance due his native State,
delivered upon demand to the regularly constituted authorities
of the independent State of Texas, all the property of
the late United States Government under his control, and
ordered its troops beyond the borders of said State.
Resolved, That this Convention indorse, approve, and
ratify his conduct in the premises, and recognize in him a
brave and honorable soldier, and a worthy and patriotic son
of Georgia.
Mr. Alexander, of Upson, offered the following amendment
to the foregoing:
Resolved, That neither General Twiggs, nor Colonel
Hardee, requires any vindication among their old friends
and neighbors in Georgia. Their defence may be found
written by the point of the sword upon the battle-fields of
their country, and upon the scarred forms of her enemies;
yet this Convention but yields to a natural impulse when
it expresses the scorn with which the people of Georgia
look upon all attempts on the part of an abolition press, and
a venal and fanatical government to tarnish their fame, and
to filch from them the rewards of long lives of glorious
deeds and heroic doings.
The amendment was received, and the resolution, as
amended, was unanimously adopted.
Mr. Tidwell, from the Committee on Military Affairs,
made the following report:
Whereas, by an ordinance passed by this Convention, Officers
of the Army and Navy of the late United States, were
to be received upon their resignation, into the Army of
Georgia, with the same rank and pay. In conformity with
this ordinance,Major Myers, a Paymaster in the Navy of the
late United States, was appointed Paymaster by the Governor,
and transferred to the Pay Department of the Army
of Georgia:
And whereas, by an Act passed by the Congress of the
Confederate States, organizing the Staff of the Army, no
mention is made of Paymasters; Quarter-masters, by this
act, are to do the duties of Paymasters. We, therefore,
recommend Major Myers for the position of Quarter master
in the Army of the Confederate States, with the rank as
held by him in the Army of Georgia; and that the Secretary
of this Convention be instructed to forward a copy of
this recommendation to the Secretary of War.
The report was taken up, read and adopted.
Mr. Tidwell offered the following resolution, which was
taken up and read:
Resolved, That the thanks of this Convention, are due
and hereby tendered to R. R. Cuyler, the President of the
Central Railroad, together with the Directors thereof, for
their kindness and liberality in presenting to the delegates
and officers of this Convention, free tickets over said road, to
and from the city. Also to the city authorities for their
liberality and kindness in furnishing the Convention with
the large and comfortable Hall which it now occupies.
Resolved, That said President and Directors, with the
Mayor and Aldermen of the city of Savannah, be invited to
seats in this Convention.
Resolved, That the Secretary give to the said President
and Mayor notice of these resolutions.
Various amendments to the same were offered by Messrs.
Hood, Garvin, and Gaulden, pending the consideration of
which, on motion, the resolutions and amendments were
referred to a committee of five to report thereon, to-wit:
Messrs.Tidwell,
Garvin,
Hood,
Gaulden and
Martin of Elbert.
The resolution of Mr. Crawford, of Greene, laid on the
table on yesterday, relative to school books of the Confederate
States of America , was taken up and read.
Mr. Fouche offered the following as a substitute for the
same, to-wit:
Whereas, the frequent change of text-books in our schools,
is not only a source of great and unneccessary expense to
the people of this State, but has a manifest tendency to retard
the progress of pupils in acquiring the elements of a
sound and practical education; and has afforded the means
to the enemies of our institutions, of driving a profitable
trade in books, which are often made the vehicles for
imposing upon the unsuspecting and untrained minds of the
young, their absurd theories and dogmas upon the subject
of African equality, and the sinfulness of African slavery--
therefore,
Be it resolved by the people of Georgia in Convention assembled,
1st. That a Board of Commissioners to consist of seven
members, be appointed by the Governor, with the advice
and consent of two-thirds of the Senate, at the next session
of the General Assembly of this State, whose duty it shall
be to select, compile, or compose, a complete series of text
books, in every department of literature and science, which
upon being examined and approved by the Governor and
two-thirds of the Senate, shall be adopted as text books in
all the Schools, Academies, and Colleges in this State.
2d. That no teacher in this State, shall be entitled to
participate in any public fund now existing, or hereafter to
be raised in this State, or any county thereof, for education
al purposes, unless said teacher shall have adopted and used
the text books provided for in the foregoing resolution.
3rd, That a copy of this Preamble and Resolutions be
sent to his Excellency the Governor, with a request to
bring the the same to the attention of the General Assembly
at the opening of its next session, in order that the
proper steps may be taken by that body for carrying into
effect the measures herein set forth.
On motion of Mr. Crawford of Greene, the foregoing
substitute and original Preamble and Resolutions, were
referred to a Committee of seven, to report thereon, to-wit:
Messrs. Crawford of Greene,
Fouche,
Means,
Munnerlyn,
Rice,
Hull, and
Saffold.
Mr. Wofford offered the following Preamble and Resolutions,
which were taken up, read, and adopted:
Whereas, Under the Government of the United States
prior to the secession of Georgia there has been annually
paid to the Pensioners resident in said State a sum of
money amounting to about twenty-three thousand dollars:
1st, Resolved, That this Convention urge the Congress of
the Confederate States to make immediate provision for the
payment of the Pensioners resident in this State, the
amounts heretofore allowed them by the Government of
the United States.
2nd, Resolved, That the Secretary communicate the
above to the Congress of the Confederate States.
Mr. Shropshire of Floyd, from the Committee on Reduction
of the General Assembly of this State, to whom was
committed, and recommitted, all the measures proposed in
the Convention for that purpose, reported the following:
To alter and amend the 3rd, 4th, 7th, and 8th Sections
of the 1st Article of the Constitution of the State of
Georgia, and for other purposes.
1st, Be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained and Declared, by the
authority of the same,
That from and after the adoption of this Ordinance, the
third Section of the first Article of the Constitution of this
State, shall be so altered and amended, as to read as
follows, to-wit:
Each Congressional District in this State shall be
known as a Senatorial District, by the same number which
designates it as a Congressional District. The Senate of
Georgia shall be composed of forty Senators and no more;
five to be chosen from each of said Districts by the legally
qualified voters thereof, biennially, on the first Wednesday
in October, until the day of election is altered by law.
2nd, Be it further Ordained, by the authority aforesaid,
That the fourth Section of the first Article of the Constitution
of Georgia shall be so altered and amended as to read
as follows, to-wit:
No person shall be a Senator who shall not have attained
to the age of twenty-five years, and been five years a citizen
of this State, and shall have usually resided within
the district from which he shall be returned, at
least one year immediately preceding his election, except
persons who have been absent on lawful business of this
State, or of the Confederate States of America.
3rd, Be it further Ordained, That the seventh Section of
the first Article of the Constitution of this State shall be so
altered and amended, as to read as follows, to-wit:
The House of Representatives shall be composed of
eighty-five members, and no more. Eleven from the first
Congressional District; thirteen from the second District;
ten from the third District; eleven from the fourth District;
twelve from the fifth District; ten from the sixth
District; nine from the seventh District; and nine from the
eighth District. Said members to be elected, biennially, by
the legally qualified voters of each District, respectively,
on the first Wednesday in October, until the day of election
is altered by law.
4th, Be it further Ordained, That the eighth Section of
the first Article of the Constitution of this State be so
altered and amended as to read as follows, to-wit:
No person shall be a Representative who shall not have
attained the age of twenty-one years, and have been a citizen
of the State of Georgia five years, and have usually
resided in the District in which he shall be chosen one year
immediately preceding his election, unless he shall have
been absent on the public business of this State, or of the
Confederate States of America.
5th, Be it further Ordained, That the foregoing alterations
and amendments shall not be so construed as to vacate
the commission of any member of the present General
Assembly of Georgia.
The Report was taken up and read, when Mr. Shropshire
of Floyd moved to print 500 copies of the same for
the use of the Convention.
Mr. Hansell moved to lay the Report on the table till
the 25th day of December next.
Upon which motion a discussion ensued, pending which,
on motion of Mr. Hansell, the Convention adjourned till
eleven o'clock Monday morning.
MONDAY, MARCH 11, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Clarke.
A quorum being present, the journal was read.
The unfinished business of Saturrday, to-wit: the
consideration of Mr. Harvell's motion to lay upon the table,
until the 25th day of December next, the report of Mr.
Shropshire of Floyd, from the "Committee on Reduction
Wilkes, Burnett, of Clay, Ellington, of Quitman, and
Buchanan, of Early.
The Convention then adjourned till eleven o'clock,
to-morrow morning.
TUESDAY, MARCH 12,1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Porter.
A quorum being present, the journal was read.
The President laid upon the table a communication from
the Hon. Charles C. Jones, Mayor of the City of Savannah,
and from Col. A. R. Lawton, Commanding at Fort Pulaski,
inviting this body to visit that Fort, and advising it that a
steamer was provided for that purpose.
The communications on motion of Mr. Whitehead, were
taken up and read, when Mr. Alexander, of Upson, offered
the following resolution:
Resolved, That this Convention accept the invitations of
the city authorities of Savannah, and of Col. Lawton, in
command at Fort Pulaski, to visit that Fort, and that the
Convention would indicate Thursday next at 9 o'clock
A.M. as the time for said visit.
Resolved, That the Secretary of this Convention communicate
this acceptance to the city authorities, and to Col.
Lawton.
Mr. Fouche offered the following ordinance which was
read:
AN ORDINANCE
To transfer to the Government of the Confederate States of
America, the occupancy and use of the Forts and Arsenals
in this State, and also to turn over to said Government,
the arms and munitions of war, found in said Forts and
Arsenals at the time of their occupancy by the authorities
of this State, and for other purposes.
SECTION 1st. Be it ordained by the people of Georgia, in
Convention assembled, That the direction and management
of all military affairs in this State, looking to the common
defence of this State, and the other States of the Confederate
States of America, against any attack upon them, or
any of them, by any foreign power, shall be and is hereby
transferred to the Government of the Confederate States of
America.
SEC. 2d. Be it further ordained, That the Governor of this
State be, and he is hereby authorized and directed to transfer
to the Government of the Confederate States of Ameriall
arms and munitions of war, acquired from the late
United States, in the Forts and Arsenals in this State, together
with the possession, occupany, and use of said Forts
and Arsenals and their appurtenances; and he is hereby further
authorized to make the same disposition of any arms or
munitions of war belonging to this State, muskets, rifles, and
other small arms excepted, taking proper vouchers for all
the said arms, munitions of war, arid other property so
transferred.
Messrs. Styles, Spencer, Benning, and Hudson, severally
laid upon the table amendments to the report of the Committee
on Reduction of the General Assembly, which were
read.
Mr. Styles laid on the table the following ordinance and
and resolution, which were read:
AN ORDINANCE
To appropriate money for the use of the Confederate States
of America.
SECTION 1st. Be it ordained by the people of Georgia in
Convention assembled, and it is hereby ordained by the authority of
the same, That his Excellency the Governor, be and he is
hereby authorized and required to tender to the Government
of the Confederate States of America, the sum of five hundred
thousand dollars to be placed in the Treasury of said
Government as a common fund for such purposes as circumstances
and the exigencies of the time may demand.
SEC. 2d. Be it further ordained, That for the purpose of
carrying out the foregoing section, his Excellency be further
authorized to issue the bonds of the State in such sums
and payable at such time as he shall deem most expedient,
bearing seven per centum interest, payable annually.
Resolved, That his Excellency the Governor, be and he
is hereby authorized and instructed to furnish side arms to
all officers of Military Companies, who have or who may
hereafter draw arms from the State.
Mr. Styles offered the following resolution which was
read, and laid on the table.
Resolved, That all the plans for the reduction of the
Legislature, be printed and referred to the people, and that
we recommend that a Convention be held on the 4th day
of July next, to consider the same.
Mr. Warner offered the following resolution, which was
taken up, read, and laid on the table.
Resolved, That the various propositions reported for the
reduction of the members of the Legislature, be recommitted
to the committee with instructions to report the substitute
offered by the delegate from Richmond, for the majority
report of the committee.
The regular order of the day, to-wit: the unfinished business
of yesterday, being the report of the Committee on
Reduction, was taken up, the question being on Mr. Shropshire's,
(of Floyd) motion, to print 500 copies of the same.
The motion was withdrawn, when Mr. Johnson, of Clayton,
offered the following resolution:
Resolved, That the question of reduction of the General
Assembly, be made the special order for to-morrow, 12 o'clock.
M., and that 300 copies of the report of the committee, and
the substitute to the same, together with all the amendments,
be printed for the use of the Convention.
The resolution was read.
The report of the committee was then taken up by sections.
The first section having been read, Mr. Garvin moved to
amend the same, by striking out all after the words "no
more," and inserting the following:
Four from each Senatorial District. There shall be ten
districts, arranged as follows:
THE FIRST DISTRICT shall be composed of the counties of
Appling, Bryan, Bulloch, Chatham, Camden, Charlton,
Clinch, Coffee, Effingham, Emanuel, Glynn, Liberty,
McIntosh, Montgomery, Pierce, Screven, Telfair, Tatnall,
Ware, and Wayne.
THE SECOND DISTRICT shall be composed of the counties
of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly,
Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes,
Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and
Worth.
THE THIRD DISTRICT shall be composed of the counties
of Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman,
Stewart, Sumter, Schley, Taylor, Talbot, and Webster.
THE FOURTH DISTRICT shall be composed of the counties
of Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens,
Putnam, Pulaski, Twiggs, and Wilkinson.
THE FIFTH DISTRICT shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
THE SIXTH DISTRICT shall be composed of the counties of
Clark, Elbert, Franklin, Green, Hart, Madison, Morgan,
Newton, Oglethorpe, Taliaferro, and Walton.
THE SEVENTH DISTRICT shall be composed of the counties
of Butts, Clayton, Fayette, Henry, Merriwether, Monroe,
Pike, Spalding, Troup, and Upson.
THE EIGHTH DISTRICT shall be composed of the counties
of Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralson,
Heard, Paulding, and Polk.
THE NINTH DISTRICT shall be composed of the counties
of Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham,
Hall, Jackson, Lumpkin, Milton, Pickens, Rabun,
Towns, Union, and White.
THE TENTH DISTRICT shall be composed of the counties
of Cass, Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon,
Gilmer, Murray, Walker, and Whitfield.
At the first election held under this ordinance, there shall
be four Senators elected from each Senatorial District,two of
whom shall hold their office for two years, and two for four
years; and the first Senator elected for each district, shall
be divided into two classes by lot, as soon as the Senate
shall convene and organize. At every subsequent election
which shall be held biennially, each district shall elect two
Senators who shall hold their office for four years. After
each future enumeration of the inhabitants of the State,
made under the laws and constitution thereof, the General
Assembly, at its next session, may re-arrange the foregoing
Senatorial Districts in such manner as will, as nearly as
practicable, give to each an equal representative population.
Mr. Clarke offered as an amendment and substitute for
both, the following:
The Senate shall consist of forty-four members, and the
State shall be divided into twenty-two Senatorial Districts,
each of which shall consist of six contiguous counties, to be
arranged by the General Assembly, and be entitled to two
Senators, both of whom shall not be chosen from any one
county. When a new county is organized, it shall, by the
General Assembly be added to some district which it may
adjoin, and in such event, such district may consist of more
than six counties. If the act organizing any county shall
be repealed, the district which embraced said county may
contain less than six counties.
Mr. Johnson, of Hall, introduced a resolution that the
several plans for the reduction of the Legislature, be laid
on the table for the present, but before the decision of which,
a motion to adjourn was offered and carried; accordingly,
after granting leave of absence to Mr. Anderson of Chatham,
the Convention adjourned till 10 o'clock to-morrow morning.
The Convention met persuant to adjournment, and was
opened with prayer by the Rev. Dr. Rosenfeld.
A quorum being present, the Journal was read.
Mr. Robinson of Macon offered the following Resolution:
Resolved, That no delegate of the Convention shall be
allowed to draw his per diem pay for the day the Convention
visits Fort Pulaski.
The Resolution was read.
On motion of Mr. Fouche, the Ordinance introduced by
him on yesterday, "To transfer to the Government of the
Confederate States of America, the occupancy and use of
the Forts and Arsenals in this State, and also to turn over
to said Government the arms and munitions of war found
in said Forts and Arsenals at the time of their occupancy
by the authorities of this State, and for other purposes,"
was referred to the Committee on Military Affairs.
Mr. Tidwell, from the Special Committee of seven, made
the following
REPORT:
The Special Committee to whom was referred the
original Resolutions, together with the several amendments,
tendering the thanks of the Convention to the President
and Directors of the Central and other Rail Road Companies;
and also to the city authorities of Savannah, for
their kindness and liberality to the Convention, beg leave
to offer for the consideration of the Convention, the following
Resolutions, as a substitute, and in lieu of said
original and amendments:
Resolved, That the thanks of this Convention are due and
hereby tendered to the Presidents and Directors of the
Central, South-Western, Savannah& Augusta, Atlantic&
Gulf, and the Savannah, Albany& Gulf Railroads, for their
kindness and liberality in passing all the delegates and
officers of this Convention who traveled over their respective
roads, free of charge, and to the officers of the Savannah,
Albany& Gulf and Atlantic& Gulf Railroad, for
their liberality in returning delegates, free of charge, from
the late session of this Convention at Milledgeville. Also,
to the Mayor and Aldermen of the city of Savannah, for
furnishing the Convention, free of charge, with a large
and comfortable Hall.
Your committee cannot, although not specially charged
with the duty, withhold an expression of their gratitude to
the officers of those Railroads who have so generously and
patriotically passed recruits to the army over their roads,
free of charge, or for a mere nominal sum. Such acts of
patriotism extended to those who make a voluntary tender
of their services and offer their lives, (if necessary,) in defense
of an insulted, injured, and oppressed people--should
have a place in the history of the country, as well as entitle
such companies to the confidence and support of a generous
people.
Resolved, That the Presidents, Directors and Superintendents
of said Railroads, together with the Mayor and
Aldermen of the city of Savannah, be, and they are hereby
invited to seats in this Convention, when not in secret session.
Resolved, That the Secretary give notice of these Resolutions
to the Presidents of said roads, and the Mayor of the
city.
On motion of Mr. Tidwell, the rule was suspended, and
the Report was taken up, read, and adopted.
The President laid upon the table a telegraphic dispatch
from the Hon. Howell Cobb, President of the Congress of
the Confederate States of America, dated at Montgomery,
the 12th instant, in which he advised the President of this
Convention, that he had mailed to him a copy of the
Constitution; which was taken up and read.
On motion of Mr. Reese, the rule was suspended, when
he introduced the following Resolution, which was taken
up, read, and adopted:
Resolved, That the Committee on Printing be, and they
are hereby instructed, so soon as an authenticated copy
of the permanent Constitution adopted by the Congress at
Montgomery, shall be received by the President of this
Convention, to have 500 copies of the same printed for the
use of the Convention.
The Resolution of Mr. Johnson of Hall, to lay all matters
in relation to Reduction, on the table, being first in
order, was taken up and the Resolution was lost.
The amendment of Mr. Clarke to Mr. Garvin's am endment
of the first section of the Ordinance reported by the
Committee on Reduction, and substitute for both the
amendment and original, being next in order, was taken up.
Mr. Clarke moved for a division of the subject matter of
his amendment and substitute, to-wit: to strike out for the
present in his proposition, the words "to be arranged by
the General Assembly," and to consider first the remainder
of his amendment.
The motion to "strike out" and divide prevailed.
Mr. Chastain moved to strike out "twenty-two"--the
number of Senatorial Districts proposed--and insert
"forty-four."
Mr. Stapleton moved to divide that motion--first to put
the question upon striking out; and second, upon inserting.
The motion prevailed.
And the motion to "strike out" twenty-two, the number
of Senatorial Districts, also prevailed.
Mr. Chastain moved to fill the blank with "forty-four," as
the number of Senatorial Districts.
The motion prevailed.
The amendment and substitute was further amended by
striking out the word "six," wherever it occurred, and
inserting "three;" also to strike out "two Senators," and
insert "one Senator."
The question then came up on the adoption of the amendment
and substitute, when the yeas and nays were demanded
to be recorded.
So the amendment and substitute, as amended, to-wit:
"The Senate shall consist of forty-four members, and
the State shall be divided into forty-four Senatorial
Districts, each of which shall consist of three contigious
counties, and shall be entitled to one Senator. When a new
county is organized, it shall, by the General Assembly, be
added to some District which it may adjoin, and, in such
event, such District may consist of more than three counties.
If the Act organizing any county shall be repealed,
the District which embraced said county, may contain less
than three counties;" was adopted in lieu of the original
and the substitute of Mr. Garvin.
Mr. Roddey moved that the Senatorial Districts be arranged
and organized by a Committee of this Convention,
when Mr. Styles offered the following Resolution, which
was accepted by Mr. Roddey, in lieu of his motion, to-wit:
Resolved, That the substitute just passed, be referred to
a Committee of twenty-four, three from each Congressional
District, who shall arrange the Districts, and report by
Ordinance, in accordance therewith.
The Resolution was adopted.
Mr. Styles offered the following Resolution:
Resolved, That the subject of reducing the House of
Representatives, and all Ordinances thereto relating, be laid
upon the table.
The Resolution was read. He then moved to take up
the same, which motion was lost.
On motion of Mr. Alexander of Fulton, the Convention
then adjourned till eleven o'clock, Friday morning.
FRIDAY, MARCH 15, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Axson.
A quorum being present, the journal was read, when Mr.
Hill, of Troup, moved to reconsider so much of the
proceedings of yesterday as relates to the ordinance reported
by the Committee on the Reduction of the General Assembly.
The motion to reconsider was lost.
A message was received from his Excellency, the Governor,
through Mr. Waters, his Secretary, which, on motion
of Mr. Bartow, was laid on the table until the Convention
convened in secret session.
The President laid on the table the following communications:
1st. A communication from the Hon. Howell Cobb,
President of the Congress of the Confederate States of America,
enclosing a certified copy of the "Constitution of the
Confederate States of America," adopted March 11, 1861,
to-wit: (which said communication was ordered to be placed
in the appendix of the journal of this Convention.)
CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.
We, the people of the Confederate States, each State
acting in its sovereign and independent character, in order
to form a permanent federal Government, establish justice,
insure domestic tranqility and secure the blessings of liberty
to ourselves and our posterity--invoking the favor and
guidance of Almighty God--do ordain and establish this
Constitution for the Confederate States of America.
ARTICLE 1.
SECTION 1.
All legislative powers herein delegated shall be vested in
a Congress of the Confederate States, which shall consist
of a Senate and House of Representatives.
SECTION 2.
1. The House of Representatives shall be composed of
members chosen every second year by the people of the
several States; and the electors in each State shall be citizens
of the Confederate States, and have the qualifications
requisite for electors of the most numerous branch of the
State Legislature; but no person of foreign birth, not a
citizen of the Confederate States, shall be allowed to vote
for any officer, civil or political, State or Federal.
2. No person shall be a Representative, who shall not
have attained the age of twenty-five years, and be a citizen
of the Confederate States, and who shall not, when elected,
be an inhabitant of that State in which he shall be
chosen.
3. Representatives and Direct Taxes shall be apportioned
among the several States, which may be included within
this Confederacy, according to their respective numbers,
which shall be determined, by adding to the whole number
of free persons, including those bound to service for a term
of years, and excluding Indians not taxed, three-fifths of all
slaves. The actual enumeration shall be made within three
years after the first meeting of the Congress of the
Confederate States, and within every subsequent term of ten
years, in such manner as they shall, by law, direct. The
number of Representatives shall not exceed one for every
fifty thousand, but each State shall have at least one
Representative; and until such enumeration shall be made, the
State of South Carolina shall be entitled to choose six--the
State of Georgia ten--the State of Alabama nine--the State
of Florida two--the State of Mississippi seven--the State
of Louisiana six, and the State of Texas six.
4. When vacancies happen in the representation from any
State, the Executive authority thereof shall issue writs of
election to fill such vacancies.
5. The House of Representatives shall choose their speaker
and other officers; and shall have the sole power of
impeachment; except that any judicial or other federal officer
resident and acting solely within the limits of any State,
may be impeached by a vote of two-thirds of both branches
of the Legislature thereof.
SECTION 3.
1. The Senate of the Confederate States shall be composed
of two Senators from each State, chosen for six years by the
legislature thereof, at the regular session next immediately
preceding the commencement of the term of service; and
each Senator shall have one vote.
2. Immediately after they shall be assembled, in consequence
of the first election, they shall be divided as equally
as may be into three classes. The seats of the Senators of
the first class shall be vacated at the expiration of the second
year; of the second class at the expiration of the fourth
year; and the third class at the expiration of the sixth
year; so that one-third may be chosen every second year;
and if vacancies happen by resignation, or otherwise, during
the recess of the legislature of any State, the Executive
thereof may make temporary appointments until the next
meeting of the Legislature, which shall then fill such vacancies.
3. No person shall be a Senator who shall not have attained
the age of thirty years, and be a citizen of the Confederate
States; and who shall not, when elected, be an
inhabitant of the State for which he shall be chosen.
4. The Vice-President of the Confederate States shall be
President of the Senate, but shall have no vote, unless they
be equally divided.
5. The Senate shall choose their other officers; and also
a President pro tempore in the absence of the Vice-President,
or when he shall exercise the office of President of the
Confederate States.
6. The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be
on oath or affirmation. When the President of the Confederate
States is tried, the Chief Justice shall preside;
and no person shall be convicted without the concurrence
of two-thirds of the members present.
7. Judgment, in cases of impeachment shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit, under
the Confederate States; but the party convicted shall,
nevertheless, be liable and subject to indictment, trial,
judgment and punishment according to law.
SECTION 4.
1. The times, places and manner of holding elections
for Senators and Representatives, shall be prescribed in
each State by the Legislature thereof, subject to the
provisions of this Constitution; but the Congress may, at any
time, by law, make or alter such regulations, except as to
the times and places of choosing Senators.
2. The Congress shall assemble at least once in every
year; and such meeting shall be on the first Monday in
December, unless they shall, by law, appoint a different
day.
SECTION 5.
1. Each House shall be judge of the elections, returns
and qualifications of its own members, and a majority of
each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be
authorized to compel the attendance of absent members,
in such manner and under such penalties as each House
may provide.
2. Each House may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with
the concurrence of two-thirds of the whole number, expel
a member.
3. Each House shall keep a journal of its proceedings,
and from time to time publish the same, excepting such
parts as may, in their judgment require secresy; and the
yeas and nays of the members of either House, on any
question, shall, at the desire of one-fifth of those present,
be entered on the journal.
4. Neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the
two Houses shall be sitting.
SECTION 6.
1. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the treasury of the Confederate States. They
shall, in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at
the session of their respective Houses, and in going to and
returning from the same; and for any speech or debate in
either House, they shall not be questioned in any other
place.
2. No Senator or Representative shall, during the time
for which he was elected, be appointed to any civil office
under the authority of the Confederate States, which shall
have been created, or the emoluments whereof shall have
been increased during such time; and no person holding
any office under the Confederate States shall be a member
of either House during his continuance in office. But
Congress may, by law, grant to the principal officer in each
of the Executive Departments a seat upon the floor of
either House, with the privilege of discussing any measures
appertaining to his department.
SECTION 7.
1. All bills for raising revenue shall originate in the
House of Representatives; but the Senate may propose or
concur with amendments as on other bills.
2. Every bill which shall have passed both Houses, shall,
before it becomes a law, be presented to the President of
the Confederate States; if he approve, he shall sign it; but
if not, he shall return it with his objections to that House
in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider
it. If, after such reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent, together with
the objections, to the other House, by which it shall likewise
be reconsidered, and if approved by two-thirds of that
House, it shall become a law. But in all such cases, the
votes of both Houses shall be determined by yeas and nays,
and the names of the persons voting for and against the bill
shall be entered on the journal of each house respectively.
If any bill shall not be returned by the President within
ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if
he had signed it, unless the Congress, by their adjournment,
prevent its return; in which case it shall not be a law.
The President may approve any appropriation and
disapprove any other appropriation in the same bill. In such
case he shall, in signing the bill, designate the appropriations
disapproved; and shall return a copy of such appropriations,
with his objections, to the House in which the
bill shall have originated; and the same proceedings shall
then be had as in case of other bills disapproved by the
President.
3. Every order, resolution or vote, to which the concurrence
of both Houses may be necessary (except on a question
of adjournment) shall be presented to the President of
the Confederate States; and before the same shall take
effect, shall be approved by him; or being disapproved by
him, shall be re-passed by two-thirds of both Houses
according to the rules and limitations prescribed in case of a
bill.
SECTION 8.
The Congress shall have power--
1. To lay and collect taxes, duties, imposts, and excises,
for revenue necessary to pay the debts, provide for the
common defence, and carry on the government of the
Confederate States; but no bounties shall be granted from the
treasury; nor shall any duties or taxes on importations
from foreign nations be laid to promote or foster any branch
of industry; and all duties, imposts, and excises shall be
uniform throughout the Confederate States:
2. To borrow money on the credit of the Confederate
States:
3. To regulate commerce with foreign nations, and
among the several States, and with the Indian tribes; but
neither this, nor any other clause contained in the
constitution, shall ever be construed to delegate the power to
Congress to appropriate money to any internal improvement
intended to facilitate commerce; except for the purpose of
furnishing lights, beacons, and buoys, and other aids to
navigation upon the coasts, and the improvement of harbors
and the removing of obstructions in river navigation, in
all which cases, such duties shall be laid on the navigation
facilitated thereby, as may be necessary to pay the costs
and expenses thereof:
4. To establish uniform laws of naturalization, and uniform
laws on the subject of bankruptcies, throughout the
Confederate States, but no law of Congress shall discharge
any debt contracted before the passage of the same:
5. To coin money, regulate the value thereof and of
foreign coin, and fix the standard of measures:
6. To provide for the punishment of counterfeiting the
securities and current coin of the Confederate States:
7. To establish post offices, and post routes; but the
expenses of the post office department, after the first day of
March, in the year of our Lord eight hundred and sixty-three,
shall be paid out of its own revenues:
8. To promote the progress of science and useful arts,
by securing for limited times to authors and inventors the
exclusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the Supreme Court:
10. To define and punish piracies and felonies committed
on the high seas, and offences against the law of nations:
11. To declare war, grant letters of marque and reprisal,
and make rules concerning captures on land and water:
12. To raise and support armies; but no appropriation
of money to that use shall be for a longer term than two
years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of
the land and naval forces:
15. To provide for calling forth the militia to execute
the laws of the Confederate States, suppress insurrections,
and repel invasions:
16. To provide for organizing, arming, and disciplining
the militia, and for governing such part of them as may be
employed in the service of the Confederate States, respectively,
the appointment of the officers, and the authority
of training the militia according to the discipline prescribed
by Congress:
17. To exercise exclusive legislation, in all cases whatsoever,
over such district (not exceeding ten miles square)
as may, by cession of one or more States and the acceptance
of Congress, become the seat of the Government of
the Confederate States; and to exercise like authority over
all places purchased by the consent of the Legislature of
the State in which the same shall be, for the erection of
forts, magazines, arsenals, dockyards, and other needful
buildings: and
18. To make all laws which shall be necessary and
proper for carrying into execution the foregoing powers,
and all other powers vested by this Constitution in the
government of the Confederate States, or in any
department or officer thereof.
1. The importation of negroes of the African race, from
any foreign country, other than the slaveholding States or
Territories of the United States of America, is hereby for
bidden; and Congress is required to pass such laws as shall
effectually prevent the same.
2. Congress shall also have power to prohibit the introduction
of slaves from any State not a member of, or Territory
not belonging to this Confederacy.
3. The privilege of writ of habeas corpus shall not
be suspended, unless when in cases of rebellion or invasion
the public safety may require it.
4. No bill of attainder, ex post facto law, or law denying
or impairing the right of property in negro slaves shall be.
passed.
5. No capitation or other direct tax shall be laid, unless
in proportion to the census or enumeration hereinbefore
directed to be taken.
6. No tax or duty shall be laid on articles exported from
any State, evcept by a vote of two-thirds of both Houses.
7. No preference shall be given by any regulation of
commerce or revenue to the ports of one State over those
of another.
8. No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of
all public money shall be published from time to time.
9. Congress shall appropriate no money from the treasury
except by a vote of two-thirds of both Houses, taken by
yeas and nays, unless it be asked and estimated for by some
one of the heads of Department, and submitted to Congress
by the President; or for the purpose of paying its own
expenses and contingencies; or for the payment of claims
against the Confederate States, the justice of which shall
have been judicially declared by a tribunal for the investigation
of claims against the government, which it is hereby
made the duty of Congress to establish.
10. All bills appropriating money shall specify in federal
currency the exact amount of each appropriation and the
purposes for which it is made; and Congress shall grant no
extra compensation to any public contractor, officer, agent
or servant, after such contract shall have been made or such
service rendered.
11. No title of nobility shall be granted by the Confederate
States; and no person holding any office of profit or
trust under them, shall, without the consent of the Congress,
accept of any present, emolument, office or title of
any kind whatever from any king, prince or foreign State.
12. Congress shall make no law respecting an establishment
of religion, or prohibiting free exercise thereof;
or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble and petition the
government for a redress of grievances.
13. A well regulated militia being necessary to the security
of a free State, the right of the people to keep and
bear arms shall not be infringed.
14. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner; nor in time of
war, but in a manner to be prescribed by law.
15. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches
and seizures, shall not be violated; and no warrants shall
issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
16. No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service,
in time of war or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy
of life or limb; nor be compelled, in any criminal case, to
be a witness against himself; nor be deprived of life, liberty,
or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
17. In all criminal prosecutions the accused shall enjoy
the right to a speedy and public trial, by in impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor; and to have the assistance of counsel
for his defence.
18. In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved; and no fact so tried by a jury shall be
otherwise re-examined in any court of the Confederacy,
than according to the rules of the common law.
19. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
20. Every law or resolution having the force of law, shall
relate to but one subject, and that shall be expressed in the
title.
SECTION 10.
1. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal, coin money;
make anything but gold and silver coin a tender in payment
of debts; pass any bill of attainder, or ex post facto
law, or law impairing the obligation of contracts: or grant
any title of nobility.
2. No State shall, without the consent of the Congress,
lay any imposts or duties on imports or exports, except
what may be absolutely necessary for executing its inspection
laws; and the nett produce of all duties and imposts,
laid by any State on imports or exports, shall be for the use
of the treasury of the Confederate States; and all such
laws shall be subject to the revision and control of Congress.
3. No State shall, without the consent of Congress,
lay any duty on tonnage, except on sea-going vessels, for the
improvement of its rivers and harbors navigated by the
said vessels; but such duties shall not conflict with any
treaties of the Confederate States with foreign nations;
and any surplus revenue, thus derived, shall, after making
such improvement, be paid into the common treasury. Nor
shall any State keep troops or ships of war in time of peace,
enter into any agreement or compact with another State,
or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of
delay. But when any river divides or flows through two
or more States, they may enter into compacts with each
other to improve the navigation thereof.
ARTICLE II.
SECTION 1.
1. The executive power shall be vested in a President of
the Confederate States of America. He and the Vice-President
shall hold their offices for the term of six years; but
the President shall not be re-eligible. The President and
Vice President shall be elected as follows:
2. Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors equal to
the whole number of Senators and Representatives to
which the State may be entitled in the Congress; but no
Senator or Representative, or person holding an office of
trust or profit under the Confederate States, shall be appointed
an elector.
3. The electors shall meet in their respective States and
vote by ballot for President and Vice President, one of
whom, at least, shall not be an inhabitant of the same
State with themselves; they shall name in their ballots
the person voted for as President, and in distinct ballots
the person voted for as Vice President, and they shall make
distinct lists of all persons voted for as President, and of
all persons voted for as Vice President, and of the number
of votes for each, which lists they shall sign and certify,
and transmit, sealed, to the seat of government of the
Confederate States, directed to the President of the Senate;
the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the
certificates, and the votes shall then be counted; the person
having the greatest number of votes for President shall be
the President, if such number be a majority of the whole
number of electors appointed; and if no such person have
such majority, then, from the persons having the highest
numbers, not exceeding three, on the list of those voted for
as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the
President, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this
purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives
shall not choose a President, whenever the right of
choice shall devolve upon them, before the fourth day of
March next following, then the Vice President shall act as
President, as in case of the death, or other constitutional
disability of the President.
4. The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number
be a majority of the whole number of electors appointed;
and if no person have a majority, then, from the two highest
numbers on the list the Senate shall choose the Vice-President;
a quorum for the purpose shall consist of two-thirds
of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice.
5. But no person constitutionally ineligible to the office
of President shall be eligible to that of Vice-President of
the Confederate States.
6. The Congress may determine the time of choosing
the electors, and the day on which they shall give their
votes; which day shall be the same throughout the
Confederate States.
7. No person except a natural-born citizen of the
Confederate States, or a citizen thereof, at the time of the
adoption of this Constitution, or a citizen thereof born in
the United States prior to the 20th December, 1860, shall
be eligible to the office of President; neither shall any
person be eligible to that office who shall not have attained
the age of thirty-five years, and been fourteen years a resident
within the limits of the Confederate States, as they
may exist at the time of his election.
8. In case of the removal of the President from office,
or of his death, resignation, or inability to discharge the
powers and duties of the said office, the same shall devolve
on the Vice-President; and the Congress may, by law, provide
for the case of removal, death, resignation, or inability
both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act
accordingly until the disability be removed or a President
shall be elected.
9. The President shall, at stated time, receive for his
services a compensation, which shall neither be increased
nor diminished during the period for which he shall have
been elected; and he shall not receive within that period
any other emolument from the Confederate States, or any
of them.
10. Before he enters on the execution of his office, he
shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the Confederate States,
and will, to the best of my ability, preserve, protect, and
defend the constitution thereof."
SECTION 2.
1. The President shall be commander-in-chief of the
army and navy of the Confederate States, and of the militia
of the several States, when called into the actual service of
the Confederate States; he may require the opinion, in
writing, of the principal officer in each of the Executive
Departments, upon any subject relating to the duties of
their respective offices; and he shall have power to grant
reprieves and pardons for offences against the Confederate
States, except in cases of impeachment.
2. He shall have power, by and with the advice and
consent of the Senate, to make treaties, provided two-thirds
of the Senators present concur; and he shall nominate,
and by and with the advice and consent of the Senate,
shall appoint ambassadors, other public ministers and consuls,
Judges of the Supreme Court, and all other officers of
the Confederate States, whose appointments are not herein
otherwise provided for, and which shall be established by
law; but the Congress may, by law, vest the appointment
of such inferior officers, as they may think proper, in the
President alone, in the courts of law or in the heads of
Departments.
3. The principal officer in each of the Executive
Departments, and all persons connected with the diplomatic
service, may be removed from office at the pleasure of the
the President. All other civil officers of the Executive
Department may be removed at any time by the President,
or other appointing power, when their services are
unnecessary, or for dishonesty, incapacity, inefficiency,
misconduct, or neglect of duty; and when so removed, the
removal shall be reported to the Senate, together with the
reasons therefor.
4. The President shall have power to fill all vacancies
that may happen during the recess of the Senate, by
granting commissions which shall expire at the end of their next
session; but no person rejected by the Senate shall be
re-appointed to the same office during their ensuing recess.
SECTION 3.
1. The President shall, from time to time, give to the
Congress information of the state of the Confederacy, and
recommend to their consideration such measures as he shall
judge necessary and expedient; he may, on extraordinary
occasions, convene both Houses, or either of them; and in
case of disagreement between them, with respect to the
time of adjournment, he may adjourn them to such time as
he shall think proper; he shall receive ambassadors and
other public ministers; he shall take care that the laws be
faithfully executed, and shall commission all the officers of
the Confederate States.
SECTION 4.
1. The President, Vice President, and all civil officers
of the Confederate States, shall be removed from office on
impeachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.
ARTICLE III.
SECTION 1.
1. The judicial power of the Confederate States shall
be vested in one Supreme Court, and in such Inferior Courts
as the Congress may from time to time ordain and establish.
The judges, both of the Supreme and Inferior
Courts, shall hold their offices during good behavior, and
shall, at stated times, receive for their services a compensation,
which shall not be diminished during their continuonce
in office.
1. The judicial power shall extend to all cases arising
under this Constitution, the laws of the Confederate States,
and treaties made or which shall be made under their
authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maratime
jurisdiction; to controversies to which the Confederate
States shall be a party; to controversies between two
or more states; between a state and a citizen of another
state where the state is plaintiff; between citizens claiming
lands under grants of different states; and between a state
or a citizen thereof, and foreign states, citizens or subjects;
but no state shall be sued by a citizen or subject of any
foreign state.
2. In all cases affecting ambassadors, other public ministers,
and consuls, and those in which a state shall be a
party, the supreme court shall have original jurisdiction.
In all the other cases before mentioned, the supreme court
shall have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations, as the
Congress shall make.
3. The trial of all crimes, except in cases of impeachment,
shall be by jury, and such trial shall be held in the
state where the said crimes shall have been committed; but
when not committed within any state, the trial shall be at
such place or places as the Congress may by law have
directed.
SECTION 3.
1. Treason against the Confederate States shall consist
only in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses
to the same overt act or on confession in open court.
2. The Congress shall have power to declare the
punishment of treason, but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life of
the person attainted.
1. Full faith and credit shall be given in each state to
the public acts, records, and judicial proceedings of every
other state. And the Congress may, by general laws,
prescribe the manner in which such acts, records, and
proceedings shall be proved, and the effect thereof.
SECTION 2.
1. The citzens of each State shall be entitled to all the
privileges and immunities of citizens in the several States,
and shall have the right of transit and sojourn in any State
of this Confederacy, with their slaves and other property:
and the right of property in said slaves shall not be thereby
impaired.
2. A person charged in any State with treason, felony,
or other crime against the laws of such State, who shall
flee from justice, and be found in another State, shall, on
demand of the Executive authority of the State from which
he fled, be delivered up, to be removed to the State having
jurisdiction of the crime.
3 . No slave or other person held to service or labor in any
State or territory of the Confederate States, under the laws
thereof, escaping or lawfully carried into another, shall, in
consequence of any law or regulation therein, be discharged
from such service or labor: but shall be delivered up on
claim of the party to whom such slave belongs, or to whom
such service or labor may be due.
SECTION 3.
1. Other States may be admitted into this Confederacy
by a vote of two-thirds of the whole House of Representatives,
and two-thirds of the Senate, the Senate voting by
States; but no new State shall be formed or erected within
the jurisdiction of any other State; nor any State be
formed by the junction of two or more States, or parts of
States, without the consent of the legislature of the States
concerned as well as of the Congress.
2. The Congress shall have power to dispose of and make
all needful rules and regulations concerning the property of
the Confederate State, including the lands thereof.
3. The Confederate States may acquire new territory;
and Congress shall have power to legislate and provide
governments for the inhabitants of all territory belonging to
the Confederate States, lying without the limits of the
several States; and may permit them, at such times, and in
such manner as it may by law provide, to form States to
be admitted into the Confederacy. In all such territory,
the institution of negro slavery as it now exists in the
Confederate States, shall be recognized and protected by
Congress, and by the territorial government: and the inhabitants
of the several Confederate States and Territories, shall
have the right to take to such territory any slaves lawfully
held by them in any of the States or territories of the Confederate
States.
4. The Confederate States shall guaranty to every State
that now is, or hereafter may become a member of this
Confederacy, a republican form of government, and shall
protect each of them against invasion; and on application
of the legislature (or of the Executive when the legislature
is not in session), against domestic violence.
ARTICLE V.
SECTION 1.
1. Upon the demand of any three States, legally assembled
in their several Conventions, the Congress shall summon
a Convention of all the States, to take into consideration
such amendments to the Constitution as the said States shall
concur in suggesting at the time when the said demand is
made; and should any of the proposed amendments to the
Constitution be agreed on by the said Convention--voting
by States--and the same be ratified by the legislatures of
two-thirds of the several States, or by Conventions in
two-thirds thereof--as the one or the other mode of ratification
may be proposed by the general Convention--they shall
thenceforward form a part of this Constitution. But no
State shall, without its consent, be deprived of its equal
represention in the Senate.
1. The Government established by this Constitution is
the successor of the Provisional Government of the
Confederate States of America, and all the laws passed by the
latter shall continue in force until the same shall be repealed
or modified; and all the officers appointed by the same
shall remain in office until their successors are appointed
and qualified, or the offices abolished.
2. All debts contracted and engagements entered into
before the adoption of this Constitution shall be as valid
against the Confederate States under this Constitution as
under the Provisional Government.
3. This Constitution, and the laws of the Confederate
States, made in pursuance thereof, and all treaties made, or
which shall be made under the authority of the Confederate
States, shall be the supreme law of the land; and the judges
in every State shall be bound thereby, anything in the
constitution or laws of any State to the contrary
notwithstanding.
4. The Senators and Representatives before mentioned,
and the members of the several State legislatures, and all
executive and judicial officers, both of the Confederate
States, and of the several States, shall be bound by oath or
affirmation, to support this Constitution: but no religious
test shall ever be required as a qualification to any office or
public trust under the Confederate States.
5. The enumeration, in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people of the several States.
6. The powers not delegated to the Confederate States
by the Constitution, nor prohibited by it to the States, are
reserved to the States, respectively, or to the people thereof.
ARTICLE VII.
1. The ratification of the Conventions of five States shall
be sufficient for the establishment of this Constitution
between the States so ratifying the same.
2. When five States shall have ratified this Constitution,
in the manner before specified, the Congress under the
Provisional Constitution, shall prescribe the time for holding
the election of President and Vice President; and, for the
meeting of the Electoral College; and, for counting the
votes, and inaugurating the President. They shall, also,
prescribe the time for holding the first election of members
of Congress under this Constitution, and the time for
assembling the same. Until the assembling of such Congress,
the Congress under the Provisional Constitution shall continue
to exercise the legislative powers granted them; not
extending beyond the time limited by the Constitution of
the Provisional Government.
EXTRACT FROM THE JOURNAL OF THE CONGRESS.
CONGRESS, March 11, 1861.
On the question of the adoption of the Constitution of
the Confederate States of America, the vote was taken by
yeas and nays; and the Constitution was unanimously
adopted, as follows:
Those who voted in the affirmative, being, Messrs. Walker,
Smith, Curry, Hale, McRae, Shorter and Fearn, of Alabama,
(Messrs. Chilton and Lewis being absent); Messrs.
Morton, Anderson and Owens, of Florida; Messrs. Toombs,
Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R.
Cobb and Stephens, of Georgia, (Messrs. Crawford and Kenan
being absent); Messrs. Perkins, deClouet, Conrad, Kenner,
Sparrow and Marshall, of Louisiana; Messrs. Harris,
Brooke, Wilson, Clayton, Barry and Harrison, of Mississippi,
(Mr. Campbell being absent); Messrs. Rhett, Barnwell,
Keitt, Chesnut, Memminger, Miles, Withers and Boyce, of
South Carolina; Messrs. Reagan, Hemphill, Waul, Gregg,
Oldham and Ochiltree, of Texas, ( Mr. Wigfall being absent.)
A true copy:
J. J. HOOPER,
Secretary of the Congress.
CONGRESS, March 11, 1861.
I do hereby certify that the foregoing are, respectively,
true and correct copies of "The Constitution of the Confederate
States of America," unamiously adopted this day,
and of the yeas and nays, on the question of the adoption
thereof.
HOWELL COBB,
President of the Congress.
2d. A communication from Wm. J. Vason, Esq.,
Commissioner from Georgia to the State of Louisiana, with
accompanying documents.
3d. A communication from Samuel Hall, Esq.,
Commissioner from Georgia to the State of North Carolina, with
accompanying document.
4th. A communication from A. R. Wright, Esq., Commissioner
from Georgia to the State of Maryland.
All of which (Mr. Hull being in the chair) were taken
up, read, and ordered to be recorded in the appendix to the
to the journal.
Mr. Nisbet offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the Constitution of the Confederate States
of America, be the order of the day for to-morrow at 10
o'clock, A. M.
Mr. Hawkins offered the following resolution, which
was read:
Resolved, That a Committee of sixteen, two from each
Congressional District as now organized be appointed to
arrange ten Congressional Districts for the State upon the
basis of the new Constitution, and report at the earliest
practicable time.
The President announced the following as the Committee
of twenty-four, three from each Congressional District, to
apportion the Senatorial Districts, and report an Ordinance
in accordance therewith, to-wit:
Mr. Logan offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the Committee on the "Constitution and
Laws of this State, and the Constitution of the United
States" be instructed to inquire into the propriety of reporting
an Ordinance to this Convention, consenting to the
location of the permanent capitol of the Confederate States
of America within the State of Georgia, and granting
limited jurisdiction over such portion of territory as may
be necessary for that purpose.
Mr. Poe offered the following resolution, which was taken
up, read, and referred to the Committee on the Constitution
and Laws of the State, and the Constitution of the
United States, to-wit:
Resolved, That when any case shall be called for trial, in
any of the Courts of this State, if it shall be made to appear
that either party is unprepared to proceed to trial by
reason of said party or his counsel being, or having been
engaged in the military service of this State, or of any of
the States of this Confederacy, then, and in that case, it
shall be the duty of the presiding Judge, or Justices, to
continue said case generally.
Leave of absence was granted to Messrs. Flewellen,
Strother, Turner of Hancock, Patterson, Giles, Beck,
Moore, of Bulloch, and Dennis.
On motion of Mr. Varnadoe, the Convention then went
into secret session, and having spent some time therein, it
adjourned till ten o'clock, to-morrow morning.
SATURDAY, MARCH 16, 1861.
The Convention met pursuant to adjournment, and
was opened with prayer by the Rev. Mr. Baker.
A quorum, being present, the Journal was read.
On motion of Mr. Nisbet, the doors were closed, and the
Convention went into secret session.
On motion of Mr. Stephens, of Taliaferro, the Constitution
adopted unanimously by the Congress of the Confederate
States of America, at Montgomery, March 11, 1861,
and submitted to this Convention of the People of Georgia
for ratification, was taken up and read.
Mr. Alexander, of Upson, offered the following resolution:
Resolved, That the ConstitutioE adopted by the Congress
at Montgomery on the 11th day of March, 1861, for the
permanent government of the Confederate States of America,
be referred to a committee of seven, with instructions
to frame and report during this morning's session, an
Ordinance to accept and ratify the same for the State of
Georgia.
The resolution was taken up, read and adopted.
The President announced the following, as the committee
of seven under the foregoing resolution, to-wit:
Mr. Clarke offered the following resolution, which was
taken up, read, and adopted:
Resolved, That a committee of three be appointed by
the President to report to this body the number of Journals
of the proceedings of this Convention to be published
for distribution, together with the manner of printing and
binding; and to report, also, upon the compensation to be
allowed the Secretary and his assistant for their services.
Whereupon the President announced the following as
the committee under the foregoing resolution, to-wit:
Messrs. Clarke,
Bartow and
Chastain.
Mr. Carswell, from the Committee on Accounts offered
the following resolution, which was taken up and read:
Resolved, That the members of this Convention be allowed
mileage to and from this Convention at its second
session, the distance to be computed to Milledgeville.
Mr. Martin, of Lumpkin, offered the following, as a
substitute therefor:
Resolved, That the State Treasurer be instructed to settle
with the Delegates of this Convention, their per diem
pay and mileage from their residences the most direct
route to and from Savannah, for the second session of this
Convention.
Mr. Styles moved the "previous question," which being
seconded and sustained, the main question, to-wit: the
adoption of Mr. Carswell's resolution, was put when the
yeas and nays were demanded to be recorded.
of the secession of the State from the United States, with
the bona fide intention of making it the place of their abode,
shall be considered as citizens of this State without
reference to the place of birth: Provided, that any person not
born in this State, can except him or herself from the
operation of this ordinance by a declaration in any Court of
Record in the State within three months from this date
that he or she does not wish to be considered a citizen of
this State.
On motion of Mr. Stephens (of Taliaferro) the ordinance
was taken up, read twice, and adopted.
Mr. Cobb offered the following resolution:
Resolved, That the Committee on the Constitution and
Laws be instructed to revise the Constitution of the State
of Georgia, and report the same to this Convention, with
such alterations and amendments as they may recommend
for adoption.
The resolution was taken up and read, when
Mr. Clarke offered the following amendment:
"But the subject of reduction being now before the
Convention is not submitted to said committee until after the
final action of this Convention on that subject."
The amendment was received, and the resolution, as
amended, was adopted.
Mr. Alexander, of Upson, from the Committee of Seven,
who were instructed to report this morning an ordinance to
adopt and ratify the Constitution of the Confederate States
of America, reported the following:
AN ORDINANCE
To adopt and ratify the Constitution of the Confederate
States of America.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained by the authority of the same,
That the Constitution adopted by the Congress at
Montgomery, in the State of Alabama, on the eleventh day of
March, in the year of our Lord one thousand eight hundred
and sixty-one, for the "permanent federal government"
of the Confederate States of America, be, and the same is
hereby adopted and ratified by the State of Georgia, "acting
in its sovereign and independent character."
Mr. Stephens, of Taliaferro, moved to take up and agree
to the report, upon which motion Mr. Hull demanded that
the yeas and nays be recorded.
So the ordinance, having been read twice, (every member
present voting on its passage) was unanimously
adopted. Whereupon
The President declared that the Constitution of the
Confederate States of America, had been ratified.
Mr. Chastain offered the following resolution, which was
taken up, read, and adopted.
Resolved, That the injunction of secrecy be removed from
the proceedings of the Convention to-day, except the action
of this Convention on the ordinance submitted by Mr.
Singleton, a delegate from Scriven county.
Mr. Nisbet offered the following resolution, which was
taken up, read, and adopted:
Resolved, That the President of this Convention transmit
to the President of the Congress of the Confederate States,
a copy duly certified, when enrolled and signed, of the ordinance
this day passed, ratifying and adopting the permanent
Constitution.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, made the following report:
The committee to whom was referred the resolution
providing for the continuance of causes in the several Courts,
under certain circumstances,
REPORT
That they have had the same under consideration, and
recommend that no action be taken on the subject by this
Convention.
Mr. Strickland, of Forsyth, laid upon the table the following
resolutions, which were taken up, read, and referred
to the "Committee on Military Affairs:"
Resolved, That his Excellency, the Governor, be, and he
is hereby authorized and instructed to turn over to the
government of the Confederate States, the two regiments of
regular troops now being raised under an ordinance of this
Convention; Provided that the government will accept the
enlisted soldiers together with all the officers of the two
regiments as appointed by the Governor of this State, for
and during the term for which the recruits have been enlisted.
Resolved, That this Convention hereby approves the
action of his Excellency, the Governor, in proceeding to
organize and hold in readiness for active service, under the
provisions of the act of the Legislature, all the volunteer
forces of this State, which may not be n eeded for the
service of the Confederate States; and that he be authorized
to arm said troops as fast as organized, and to call the officers
together for drill and training when necessary, that the
whole force may be made efficient, should it be needed for
the purpose of repelling any invasion, or attempted
invasion of the soil of this State.
Mr. Hood laid upon the table the following ordinance,
which was taken up, read, and referred to the Committee
on Military Affairs:
AN ORDINANCE
To authorize the Governor to raise and expend money for
the defence of this State.
Be it ordained by the people of Georgia in sovereign Convention
assembled, and it is hereby ordained by authority of the same,
That his Excellency, the Governor of this State, be, and
he is hereby authorized to raise and expend such sums of
money as may be necessary to carry out all ordinances of
this Convention, and all acts of the Legislature which provides
for the public defence of this State; and for that purpose
he is hereby authorized to issue and sell bonds of th is
State, having such time to run as he may designate, with
interest coupons attached, payable at such place, or places,
as he may think proper, until he shall have raised such sums
of money as the exigencies of the State may require; said
bonds to be for one thousand dollars each, or such less sums
as the Governor may find to be most saleable.
And be it further ordained, That the faith and credit of
this State are hereby solemnly pledged for the redemption
of all such bonds and interest coupons as the Governor may
issue and dispose of under this ordinance.
And be it further ordained, That in case the Governor shall
be unable to raise by the sale of bonds, a sufficient sum for
the defence of the State, he is hereby authorized to issue and
dispose of Treasury Notes in sums of twenty-five, fifty, and
one hundred dollars, each, for that purpose; said notes to
bear such interest as may be prescribed by the Governor,
not to exceed seven per cent. per annum.
Mr. Fouche laid on the table the following:
AN ENNUNCIATION OF FUNDAMENTAL PRINCIPLES
Experience having admonished us that there exists a wide
spread disposition in many sections, to question or deny the
right of the people of Georgia, to be a free, independent,
and sovereign State, endowed with all the rights of a perfect
sovereignty, among which is the right to secede from
a Confederacy, upon finding a continuance in it incompatible
with her peace, safety, happiness, interests, or liberties:
Aware, moreover, of the importance of a thorough
understanding of the fundamental principles of all just
government by the people of a free State: We, the representatives
of the people of Georgia, in that supreme and sovereign
capacity wherein they are entitled to make, alter, and
abolish Constitutions and Governments, do hereby publish
and declare:
First, That sovereignty is the supreme, ultimate power,
abiding in the people of an organized community or State.
Second, That sovereignty is one, indivisible, inalienable,
and imprescriptible.
Third, That all other power in the State is derived from,
is subordinate to, and revocable by, the sovereignty.
Fourth, That Governments are not sovereign, but the
creatures of the sovereignty, ordained and established by it,
for the purpose of a convenient exercise of its ordinary
powers, in the enactment, administration, and execution of
laws, to establish justice, and to promote the peace, good
order, security, and prosperity of the State.
Fifth, That constitutions or fundamental laws, are the
direct enactments of the sovereignty, organizing governments,
delegating, defining, and limiting their powers, and
enumerating the purposes for which those powers are to be
exerted.
Sixth, That allegiance is due only to the sovereignty, and
obedience is due to government only as its regularly
constituted organ.
Seventh, That no mere government, whether it be a
government proper or improper, has a right to resist the
regularly expressed will of the sovereignty which created it,
either for the purpose of retaining power, or of continuing
its existence against that will.
Eighth, That there ought to be established a real and
effective responsibility on the part of all officials in every
department of government.
Ninth, That power given for one purpose, cannot rightfully
be exercised for any other, and therefore the taxing
power can be exercised only to raise revenue to defray the
expenses of government, defend the State, or for some other
purpose specified in the grant of the power.
Tenth, That the system of taxation adopted in a free
State, ought to be just and equal in its operation as
between individuals, classes, and sections; and ought to be
generally and thoroughly understood by the people, in order
that they may be enabled to hold their representatives
to a real responsibility, and secure simplicity, economy, and
purity, in the administration.
Eleventh, That in its relation to individuals, the protection
of person, property, and character, against violence,
fraud, and defamation, is the sole legitimate object of all
just government; and an imbecile government which cannot,
or a corrupt government, which will not give it, ought
to be reformed or overthrown.
Twelfth, That it is the indispensible duty of a good
government, to provide an easy, prompt, and adequate remedy
for the infraction of every right; and a just, but certain
punishment for every wrong or crime.
Thirteenth, That all citizens of a free State, may freely,
and peaceably, assemble to consider any matter interesting
to them; may keep, and bear arms; may petition their
government for anything within the sphere of its powers;
may freely speak, write, and publish their opinions upon
any subject, standing to the penalty of law for any abuse
of these privileges; may profess any religious creed, and
practice any form of religious worship, without being
subjected, on account thereof, to any political or legal disability,
or entitled to any political or legal privileges of favor.
On motion of Mr. Fouche, the foregoing "Fundamental
Principles," were taken up, and read, and were referred to
the "Committee on the Constitution and Laws of the State,
and the Constitution of the United States," together with
the "Bill of Rights," previously reported by said
Committee through its Chairman, Mr. Cobb.
Leave of absence was asked for Messrs. Harris of Meriwether,
Perkins, of Taliaferro, Wicker, Douglas, Banks of
Stewart, Spencer, Phinizy of Richmond, Hines, Sheffield
of Early, Sheffield of Calhoun, Buchanan, McDonald, Davis,
Burch, Gaulden, Smith, of Talbot, and Shropshire of Floyd,
which was refused.
On motion of Mr. Chastain, the Convention then adjourned
till ten o'clock Monday morning.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Crawford.
A quorum being present, the journal was read.
Mr. Carswell moved to reconsider so much of the journal
of Saturday as relates to the adoption of the resolution
regulating the pay of mileage to the members of this
Convention.
Mr. Chastain moved to lay that motion on the table,
which was carried.
Mr. Fort, from the Committee on Enrollment, made the
following report:
Mr. President:
The Committee on Enrollment have had enrolled, and it
is now ready for the signatures of the President and
delegates:
An Ordinance to adopt and ratify the Constitution of the
Confederate States of America.
They have also had enrolled, and it is now ready for the
signature of the President:
An Ordinance, additional to a previous Ordinance of this
Convention, on the subject of citizenship.
Mr. Hansel offered the following resolution, which was
taken up, read, and adopted:
Resolved, That those delegates who were absent on Saturday,
when the vote was taken on the adoption of the
Ordinance ratifying the Constitution, have leave to record
their votes.
Leave of absence was granted to Messrs. Bell of Banks,
Collins, of Columbia, West, Dozier, and Dabney, on
account of sickness in their families.
Leave of absence was refused to Messrs. Dupree, Pinson,
Douglas, Harris of Merriwether, and Graham, who applied
for the same on account of business requiring their attention.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, to whom was referred the Ordinance in relation to
citizens of Georgia holding office under the government of
the late United States, reported adversely to the passage of
the Ordinance.
Mr. Bell of Forsyth, laid on the table the following preamble
and resolution, which were read:
Whereas, Governments are instituted to secure the rights
of the people, and protect them in the enjoyment of those
rights. And Whereas, rigid economy in the public expenditures
is an element of strength in Republican Governments,
while recklessness and prodigality in such expenditures
are detrimental to the public virtue. Therefore,
Resolved, That in the inauguration of the new government,
the multiplication of unnecessary officers to provide
positions for favorites, is condemned by the people of
Georgia.
Resolved, That the salaries of officers, State and Federal,
Executive, Legislature, Judicial, and Diplomatic, ought
not to exceed adequate compensation for services rendered
the government.
Mr. Corn laid upon the table the following resolution,
which was read:
Resolved, That a special Committee of Eight, (one from
each Congressional District) be raised for the purpose of
reporting, at an early day, an Ordinance upon the subject
of the reduction of the fees and salaries of all civil officers
of this State, from Governor down to county officers, and
also the per diem pay of the members of the Legislature of
this State.
Mr. Nisbet offered the following preamble and resolutions,
which were taken up, read, and adopted.
Whereas, The government of the Confederate States has
authorized bonds to be issued, running from five to ten
years, and secured by an export duty of one eighth of one
per cent. per pound upon cotton, for the purpose of meeting
the pecuniary necessities of that government. And,
Whereas, investment in such funds may be both convenient
and safe for executors, administrators, guardians, and other
trustees, and at the same time contribute to the sum needed
by the Confederate States. Therefore,
Resolved, That the Legislature of this State be, and is
hereby requested, at its next session, to consider of the
propriety of passing a law, authorizing executors, administrators,
guardians and other trustees, to invest trust
funds in their hands in the bonds of the Confederate States
upon the same terms that such trustees are now by law
authorized to invest in the bonds of the State of Georgia.
Mr. Fouche moved to take up the Resolution introduced
by Mr. Hawkins, providing for the appointment by the
President, of a Committee of sixteen, two from each Congresssional
District, to arrange ten Congressional Districts
for the State, &c.
The motion was agreed to, when Mr. Fouche moved to
insert a committee of "twenty-four," and "three" from
each Congressional District, instead of a committee of
"sixteen," and "two" from each Congressional District.
The amendment was received.
Mr. Hill of Troup, offered the following as a substitute
for the Resolution, as amended:
AN ORDINANCE
To organize Congressional Districts for the State of Georgia:
Be it Ordained by the People of Georgia, in Convention
assembled,
That until otherwise ordered by the General Assembly
of the State of Georgia, the several Congressional Districts
for the State of Georgia, shall be composed of the counties
following, to-wit:
Mr. Clark moved that the Resolution be referred to a
Special Committee, to consist of the members of this body
who are delegates to the Congress at Montgomery, together
with the mover of the Resolution, to report upon the propriety
and necessity of accepting the same.
Pending the consideration of which, Mr. Hawkins called
for the "previous question," which, being
seconded and sustained,
the main question was put, to-wit: the adoption
of the original Resolution as amended, which was decided in
the affirmative.
So the Resolution was adopted.
Mr. Styles moved to take up his Resolution instructing
the Governor to furnish side arms to the officers of Military
Companies who have, or may hereafter draw arms from
the State.
The motion was agreed to, when Mr. Cobb moved to
refer the same to the committee on Military Affairs.
Mr. Cobb, from the committtee on the Constitution and
Laws of the State, and the Constitution of the United
States, reported the following Resolutions:
Resolved, That in the publication of the Revised Code
of the Laws of this State, adopted by the Legislature at its
late session, the "United States" shall be stricken out, and
the "Confederate States," substituted, wherever the same
may be necessary.
Resolved, further, That the Constitutton of the Confederate
States shall be published as a part of the Code.
On motion of Mr. Cobb, the same was taken up, read,
and adopted.
Mr. Alexander of Upson offered the following Resolution
which was taken up, read, and adopted:
Resolved, That the committee on Enrollment be requested
to make suitable arrangements for the delegates of
this Convention to affix their signatures, at their convenience,
to the Ordinance adopting and ratifying the permanent
Constitution of the Confederate States of America.
The Ordinance laid on the table by Mr. Styles to appropriate
money for the use of the Confederate States of
America, was taken up, read, and referred to the Committee
on Military affairs.
Mr. Gardner laid on the table the following Ordinance,
which was taken up, read, and referred to the committee
on the Constitution and Laws of the State and the United
States:
To alter Sections the 3rd and 12th, of Article 1st, and Section
1st of Article 2nd of the Constitution of the State
of Georgia:
Be it Ordained, by the People of Georgia, in Convention
assembled,
That the third Section of the first Article, and the first
Section of the second Article of the Constitution of this
State be so altered as to extend the term of office of the
Governor and members of the Senate of the Legislature of
the State of Georgia to four years next succeeding their
election, and that the election of said civil officers be held
on the first Monday in October every four years, in persuance
of the requirements of this Ordinance.
Be it further Ordained, by the authority aforesaid, That
Section 12th of Article 1st of the Constitution of this
State be so altered as to change the sessions of the Legislature
from annual to bi-ennial, and to require said sessions
of the General Assembly of the State of Georgia to commence
bi-ennially on the first Wednesday in November,
immediately following each bi-ennial election of members
of the House of Representatives. The term of said sessions
to continue the same as that now prescribed by law.
On motion of Mr. Hull, the second Section of the Ordinance
to alter and amend the 3rd, 4th, 7th, and 8th
Sections of the first Article of the Constitution of this
State, and for other purposes, was taken up for consideration
and read, and, on his motion, was referred to the committee
on the Constitution and Laws of the State, and of
the United States.
The third Section of the Ordinance was taken up and
read, when Mr. Cobb offered the following as a substitute
for the same, to-wit:
The House of Representatives shall consist of two hundred
members, composed as follows: each county shall have one
Representative. The remaining number shall be distributed
by the Legislature among the counties having the largest
representative population, so as as to give to each of such
counties such a proportion of the same as their population demands;
Provided, no county shall have more than one
member, whose representative population does not exceed
thousand persons.
Mr. Garvin offered the following as a substitute for the
foregoing and original Resolution:
The House of Representatives shall consist of one hundred
and eighty-two members. Each county shall have
one Representative, and the ten counties having the highest
representative population shall have three Representatives
each, and the thirty counties having the next largest
population, two Representatives each.
On motion of Mr. Kenan, the original Section and the
substitute were laid on the table for the balance of the
session.
On motion of Mr. Chastain, the Convention then adjourned
till ten o'clock to-morrow morning.
TUESDAY, MARCH 19, 1861.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Pryse.
The roll was called, and a quorum being present, the
journal was read.
Mr. Cobb moved that so much of the journal of yesterday
as relates to the adoption of the motion of Mr. Kenan,
"to lay on the table for the balance of the session," the
original third section, and the substitutes therefor, of the
ordinance reported by the Committee on Reduction, be reconsidered.
Upon which motion the yeas and nays were demanded to
be recorded.
The President announced the following committee under
the resolution of Mr. Hawkins, adopted on yesterday, to
appoint a committee to form ten Congressional Districts
for this State, and report the same to this Convention, to-wit:
Mr. Hawkins, chairman, from the Second District.
Messrs. Jones of Chatham, Fleming and Brewton from
the First District.
Messrs. Fort of Stewart, and Rutherford from the Second
District.
Messrs. Lamar of Bibb, Cleveland and Sharman from the
Third District.
Messrs. Lindley, Manson, and Alexander from the Fourth
District.
Messrs. Word, Farnsworth and Walton from the Fifth
District.
Messrs. Knox, Ketchum, and Hill of Hart from the Sixth
District.
Messrs. Jordan, Briscoe and Gray from the Seventh District.
Messrs. Usry, Allen, and Singleton from the Eighth District.
The President laid on the table a communication from
the Hon. A. R. Wright, the commissioner from the State of
Georgia to the State of Maryland, in which was enclosed a
communication from the Governor of Maryland to said
Commissioner, which was read, and,
On motion of Mr. Varnadoe, the communication of the
Governor of Maryland was laid on the table for the balance
of the session.
Mr. Roddey laid on the table a preamble and resolution,
which were read, to-wit:
Whereas, The Legislature of Georgia authorized the suspension
of the Banks of the State, and by the act of the
Congress of the Confederate States, duties on imports are
made payable in specie, and in consequence of the Bank
suspension and other causes, exchange and specie has risen
to per cent. And whereas both the duties and premium
on exchange, first advanced by the importing merchant and
finally paid by the people, who consume the imported goods,
amount to a burdensome tax; and whereas it is believed
that the duties aforesaid might be payable in the Bank currency
of the respective States, or other arrangements made
which would relieve the people from the costs of specie,
without detriment to the public service; therefore,
Resolved, That the Congress of the Confederate States
are hereby respectfully requested to enquire into the practicability
of so amending the revenue laws, as to authorize
the duties on imports to be paid in the bills of such solvent
banks of the Confederate States as may be selected for that
purpose by the Secretary of the Treasury, or in their wisdom
to make such other provision for the collection of the
revenue, as will relieve the country from the payment of
existing premiums on specie.
Mr. Moor, of Spalding, from the Committee on Enrollment
made the following report:
Mr. President:
The Committee on Enrollment report as duly enrolled
and ready for the signature of the President--
A resolution to strike out "United States" in the Revised
Code of the Laws of this State, and to insert "Confederate
States," and in the publication thereof.
Also,
A resolution relative to investment by administrators,
guardians, &c., of trust funds in the bonds of the Confederate
States--
Which resolutions were signed, and transmitted to the
Secretary of State.
Mr. Alexander, of Upson, laid on the table the following
resolution, which was read:
Resolved, That this Convention will adjourn on Friday,
the 22d instant, to re-assemble at Milledgeville at the call
of the President, if the public interest should require the
same, and in case of his death or resignation, then at the
call of the Governor.
Mr. Cobb, from the Committee on the Constitution and
Laws of the State, and the Constitution of the United
States, to whom was referred the revision of the Constitution
of the State, asked leave of absence for said committee
during the sittings of the Convention, and also the
privilege of directing that 300 copies of their report, as far
as it has progressed, be printed.
The leave asked for was granted.
Mr. Robinson moved to take up his resolution relative to
the per diem pay of the members of this Convention on the
day of their visit to Fort Pulaski.
Leave of absence was granted to Messrs. Mitchell, Cannon
of Rabun, Hargrove and Poe.
Mr. Hood offered the following resolution, which was
taken up and read:
Resolved, That no member of this Convention shall receive
per diem compensation after leave of absence granted
for the balance of the session, or who shall leave the Convention
without permission.
Mr. Styles moved to lay the resolution on the table the
balance of the session, which motion was lost.
Mr. Wellborn moved to add the words "except on account
of sickness in his family," which was lost.
The resolution was then adopted.
On motion of Mr. Bell, of Forsyth, the preamble and
resolution introduced by him on yesterday relative to economy
in the public expenditures and the multiplication of
offices in the State and Federal Governments, were taken
up and read.
Mr. Styles moved to refer the same to the Committee on
the Constitution and Laws of the State, and Constitution of
the United States.
Pending the consideration of which, Mr. Bell, of Forsyth,
called for the "previous question," which being seconded
and sustained, the main question, to-wit, the adoption of
the resolution, was put upon its passage, when he demanded
that the yeas and nays be recorded.
The Convention met pursuant to adjournment, and was
opened with prayer by the Rev. Mr. Staley.
A quorum being present, the journal was read.
Mr. Hansell moved to reconsider so much of the journal of
yesterday, as relates to the adoption of the preamble and
resolutions of Mr. Bell, of Forsyth, relative to economy in the
public expenditures and the multiplication of officers in the State
and Federal Governments.
The motion prevailed, when, on motion, the resolutions were
taken up.
Mr. Means offered the following as an amendment, and an
additional resolution, which was received, to-wit:
Resolved, That this Convention recognises with sincere
pleasure, and high approval, the practical application of the
foregoing principles in the organization and outfit of the
Confederate States, and rely with confidence on the wisdom and
prudence of the proper authorities, for a proper and economical
administration.
Mr. Whitehead moved to lay the resolutions on the table for
the balance of the session.
The motion was lost, and the preamble and resolutions, as
amended, were adopted.
Mr. Clarke, of Dougherty, laid on the table the following
Ordinance, which was read:
AN ORDINANCE
To modify the Act of the General Assembly of 1859,
relative to Bank Suspensions.
Be it ordained, That whenever a citizen shall present at
the counter of any of the Banks of this State, a certificate
of any collector of custom of this State, that said citizen
is due such Collector for duties on goods, a specified amount,
such Bank shall redeem in specie its own bills presented to
an amount at most equal to such amount due for customs;
provided such applicant shall, if required by the Bank,
swear that he is a citizen of this State, in good faith, owing said
duties, and that he has not, in a similar manner, taken from any
other Bank an amount which, with the amount then demanded,
will exceed the amount covered by the Collector's certificate.
Be it further ordained, That this Ordinance shall continue in
force until further action is taken by the General Assembly of this
State, or the Congress of the Confederate States shall provide for
the payment of the revenue in bills of solvent Banks.
Be it further ordained, That if any Bank shall refuse to redeem
said bills in the manner aforesaid, it shall be liable to all the
penalties in force, prior to said Act of the General Assembly of
1859.
Mr. Hill, of Troup, offered the following resolution, which, by
unanimous consent, was taken up, read, and adopted:
Resolved, That the resolution in relation to per diem
compensation, shall not exclude from compensation the delegate
from Lincoln county to whom leave of absence was granted on
account of sickness, which sickness was contracted while in
attendance upon the Convention; but said delegate shall be
entitled to full mileage and per diem pay.
On motion of Mr. Cobb, chairman of the Committee on the
Constitution and Laws of the State, and of the United States, the
report of said Committee, on the "Constitution of the State," was
made the special order of the day, for to-morrow at 10 o'clock, A. M.
Mr. Roddey, from the Committee to arrange the Senatorial
Districts, made the following report:
Mr. Roddey, from the Committee to whom was referred
the duty of arranging the Senatorial Districts of this State, and to
prepare an Ordinance therefor, reports the following.
ORDINANCE:
The people of Georgia in Convention assembled do hereby
declare and ordain, That the Senatorial Districts of this State
shall be organized by counties as follows:
The thirty-ninth of Cherokee, Milton, and Forsyth.
The fortieth of Union, Towns and Rabun.
The forty-first of Fannin, Gilmer and Pickens.
The forty-second of Cass, Floyd and Chattooga.
The forty-third of Murray, Whitfield and Gordon.
The forty-fourth of Walker, Dade and Catoosa.
The Report was taken up and read.
Mr. Tidwell, from the same committee, offered the following as a
minority
REPORT:
The 37th District shall be composed of the counties of Troup,
Merriwether, and Heard; the 36th District, of Coweta, Fayette, and
Clayton; the 34th District, of Fulton, Gwinnett, and DeKalb; the
35th District, of Cobb, Campbell, and Carroll; the 26th District,
of Spalding, Henry, and Butts.
Mr. Chastain moved the previous question, which
being seconded and sustained, the main question, to-wit: the
adoption of the original Report, was put, and decided
in the affirmative. So the Ordinance embraced therein, having been
read twice, was adopted.
Mr. Glenn of Fulton, from the committee on the Constitution
and Laws of the State, and the Constitution of the United States,
to whom was referred the Resolution tendering a location for the
Capitol of the Confederate States, reported the following
Resolutions:
Resolved, That the Convention hereby expresses the
willingness of the People of Georgia to cede a portion of
the Territory of this State, not exceeding ten miles square, to the
Government of the Confederate States, for a Capital and permanent
seat of Government; and should the Confederate States select
any portion of the Territory of this State for said purpose, the
Legislature be, and it is hereby
authorized to cede jurisdiction thereof; if, in their judgment, such
cession be consistent with the interest and safety of the State.
Resolved, That the President of this Convention forward a
certified copy of the above and foregoing Resolution to
the President of the Congress of the Provisional Government of
the Confederate States.
The report was taken up, read, and adopted.
Mr. Cannon of Rabun laid upon the table the following
Resolution, which was taken up, read and lost:
Resolved, That the Resolution relative to compensation, shall
not exclude the delegate from Rabun county, who
has been granted leave of absence on account of sickness, which
sickness was contracted while returning from the session at
Milledgeville.
Mr. Alexander of Upson offered the following Ordinance, which
was taken up, and read:
AN ORLINANCE
To perfect the organization of the Senate of the State of
Georgia:
Be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained by authority of the
same,
That when the Senate shall convene and organize, it shall as
soon as practicable, proceed to divide the said Senators into two
classes; one class to consist of the Senators chosen from the
Districts which are known by having odd numbers, and the other
class to consist of the Senators chosen from the Districts being
known by even numbers--one class to hold their office for two
years, and the other class for four years--the same to be
determined by lot. At every subsequent election (which shall be
bi-ennial,) each District of the class whose time it shall be to elect,
shall choose its Senator, who shall hold his office for the term of
four years.
Mr. Tidwell moved to refer the same to the committee on the
Constitution and Laws.
The motion was lost.
Mr. Starr moved to strike out all in relation to the division of
Senators, and the four years tenure, and insert "that the Senators
shall be elected bi-ennially."
Mr. Alexander of Upson moved the previous question,
which being seconded and sustained, the main question, to-wit:
the passage of the Ordinance, was put, when the
yeas and nays were demanded to be recorded.
Mr. Martin of Lumpkin laid upon the table the following
Preamble and Resolutions, which were taken up, and read:
Whereas, The Rev. Charles W. Thomas, a citizen of Georgia,
and lately a Chaplain in the United States Navy,
did, upon the secession of the State of Georgia, immediately resign
his office in said United States Navy, thus acknowledging his
duty and allegiance, both to Georgia and
the South, as a true and devoted son. And whereas, in point of
talents and attainments, whether as rendering him capable to
honor his State, or serve the holy cause of religion, he stands
inferior to none. And whereas, as well for his many years of
laborious service, in doing good
among the soldiery of the sea, at many personal sacrifices, as his
unabated desire to continue in a similar service under the
Confederate States of America: And whereas, he was the first
among his brother Chaplains, to approve the policy of the
seceding States, by being first to resign his place in the old
government. Therefore,
Resolved, That this Convention recommend him to the
appointing power of the Confederate States of America, with the
request that he receive the appointment of Senior Chaplain of the
Navy, or such other rank or station, as his official character and
merit deserves.
Resolved, That the Secretary forward a copy of the foregoing
Preamble and Resolutions to the proper department of the
Confederate States of America, having jurisdiction in the premises.
Mr. Bartow moved to refer the same to the committee on
Military Affairs.
The motion did not prevail, and the Preamble and Resolutions
were adopted.
Leave of absence was granted to Messrs. Hill of Hart, and McGriff.
Mr. Cobb moved that when the Convention proceed to consider
the order of the day for to-morrow, it do so in secret session.
The motion prevailed.
The Convention then adjourned till 4 o'clock, P. M.
FOUR O'CLOCK, P. M.
The Convention met persuant to adjournment.
Mr. Hawkins asked leave of absence for the balance of the day,
for the committee on the organization of the Congressional
Districts.
The leave of absence was granted.
Mr. Phinizy of Monroe offered the following Resolution,
which was taken up, read, and laid on the table for the
present:
Resolved, That this Convention will adjourn on Friday, the 22nd
inst.
Mr. Bartow from the committee on Military Affairs, laid
on the table the following Ordinance, which was taken up, read twice, and
adopted:
AN ORDINANCE
To transfer to the Government of the Confederate States, certain
arms and munitions of war, and for other purposes.
The people of Georgia in Convention assembled do ordain,
SECTION 1st. That the control of all military operations in this
State, having reference to or connection with questions between
this State, or any of the Confederate States of America, and powers
foreign to them, is hereby transferred to the Government of the
Confederate States of America.
SEC. 2d. That the State of Georgia hereby transfers to the
Government of the Confederate States of America, the arms and
munitions of war, acquired from the United States, with the Forts
and Arsenals, and which are now in the said Forts and Arsenals.
SEC. 3d. That the Governor of this State is hereby authorized to
transfer to the Government of the Confederate States, such arms,
munitions of war, vessels or steamers belonging to the States, as in
his judgment may be expedient, and upon such terms as may be
agreed on with the said Government of the Confederate States.
SEC. 4th. The transfer herein provided for, shall be conducted
on the part of this State by the Governor thereof, the Government
of the Confederate States undertaking to account for all such arms
and munitions of war, as are hereby transferred.
He, also, from the same committee, reported the following
ordinance, which was taken up, read twice, and adopted.
To transfer to the Provisional Government of the Confederate
States of America, the use and occupancy of the Forts,
Arsenals, Navy Yards, Custom Houses, and other public sites
within the limits of this State.
The People of Georgia, in Convention assembled, do ordain,
That the Government of the Confederate States of America is
hereby authorized to occupy, use, and hold possession of all
Forts, Navy Yards, Arsenals, Custom Houses, and other public
sites, with their appurtenances within the limits of this State, and
lately in the possession of the United States of America, and to
repair, rebuild, and control the same at its discretion, until this
ordinance be repealed by a Convention of the people of this State.
Mr. Bartow laid on the table, the following memorial, which was
read:
To the Honorable, the President and Members of the Georgia
Convention.
The petition of the undersigned respectfully sheweth unto
your honorable body, that by an ordinance passed on
the--day--A. D. 1861, the Governor of Georgia
was authorized to receive and commission into the service
of this State, all officers of the Army and Navy, members of
the Army and Navy of the United States who should
resign, and tender their services to the Governor of this
State.
That under the construction placed upon the ordinance by his
Excellency the Governor, it appears that the services of your
petitioner who recently resigned the position of Captain in the
United States Navy, cannot, under said ordinance be accepted,
and for this reason.
The ordinance referred to, appears to contemplate the
appointment of only such officers as should resign from the active
list of the United States Army and Navy. Your petitioner was on
the reserved list of the United States Navy,
and from that list resigned his position of Captain as aforesaid.
Your petitioner respectfully submits, that at his own request,
he was placed upon the reserve list. That he is not
an invalid, but in the possession of sound health, and ready
and able to perform any and every service which may be
required of him, either at sea or upon shore. That he has
been for more than fifty years actively engaged in the Naval
service of the United States. That he is a native Georgian,
and very desirous of again serving his State in her
sovereign capacity, or as a naval officer in the Confederate
Navy.
And your petitioner would further show unto your honorable
body, that the reason why a retired list is used, is simply, where
there is a redundancy of officers, and where advanced officers
have been for a longtime actively engaged in the service, leave of
absence is granted to such officers, in order to afford opportunty
for recuiting themselves, and also to permit young officers to see
the service, which will prepare them for any and every emergency.
And your petitioner would most respectfully and earnestly
request that your Honorable body would authorize his Excellency
the Governor, to receive your petitioner into the service of the
State, upon the same terms, and with the same rank with the
position in the United States Navy, from which your petitioner
recently resigned.
And your petitioner hereby expresses himself ready and
anxious to do and perform any and every active service that may
be required of him.
And your petitioner would earnestly request that such a
construction may be placed upon the said ordinance, as will
relieve your petitioner from its application, and further that his
Excellency, the Governor of Georgia, may be enabled under and by
said ordinance and its provisions, to receive into the service of
the State your petitioner in the manner within indicated.
And your petitioner as in duty bound will ever pray &c.,
Signed,
THOS. M. NEWELL,
late Captain of the U. S. Navy.
Savannah, March 19th, 1861.
Page 222
He then offered the following resolution, which was taken up, and read:
Resolved, That officers of the Navy on the retired list, shall be
placed on the same footing as those on the active list, under the
provision of an ordinance entitled an ordinance concerning
officers of the Army and Navy heretofore passed by this
Convention.
On motion of Mr. Kenan, the resolution was laid on the table.
On motion of Mr. Alexander, of Upson, the Convention then
adjourned till ten o'clock to-morrow morning.
THURSDAY, MARCH 21, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Low.
A quorum being present, the journal was read, when Mr. Tidwell
moved to reconsider so much of the journal of yesterday as relates
to the adoption of the report of the Committee to organize the
Senatorial Districts of the State,
in relation to the rejection of his amendment, upon the adoption of
the ordinance reported by said committee.
The motion was lost.
Mr. Briscoe, from the Committee on Enrollment made the
following report, to-wit:
Mr. President:
The Committee on Enrollment report as duly enrolled, and ready
for the signature of the President--
AN ORDINANCE
To transfer to the Provisional Government of the Confederate
States of America, the use and occupancy of the Forts,
Arsenals, Navy Yards, Custom Houses, and other public sites,
within the limits of this State.
To transfer to the Government of the Confederate States,
certain arms and munitions of war, and for other purposes.
Both of which were signed by the President, and deposited in
the office of the Secretary of State.
On motion of Mr. Cobb, the Convention went into secret
session, and having spent some time therein, adjourned, on motion
of Mr. Cobb, till to-morrow morning nine o'clock.
FRIDAY, MARCH 22, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Williamson.
A quorum being present, the journal was read,
When leave of absence was granted to Mr. Stephens, of
Monroe, and Messrs. Ramsey and Munnerlyn, who have been
ordered to Pensacola with their companies, and also to Mr.
Garvin, of Richmond.
Mr. Hull announced that he was authorized and requested
by George Younge, Esq., the Superintendent of the Georgia
Railroad, at Augusta, to tender the use of that road free of charge,
to returning members and officers the Convention.
On motion of Mr. Cobb, the Convention went into secret
session, and having spent some time therein, adjourned till ten
o'clock to-morrow morning.
SATURDAY, MARCH 23, 1861.
The Convention met pursuant to adjournment, and was opened
with prayer by the Rev. Mr. Landrum.
The Convention, being in secret session, on motion of Mr.
Rice, took up the following resolution:
Resolved, That a "Committee of Seven" be appointed to
examine into the condition of the defences of the city of
Savannah and its approaches; to enquire what additional defence,
if any, may be necessary, and to report to this Convention at the
earliest possible day.
Mr. Styles moved to amend the same by inserting after the
word "approaches," the following: "and along the coast of Georgia."
The motion was lost.
Mr. Shropshire, of Floyd, offered the following as a substitute for
the foregoing resolution:
Resolved, That his Excellency, the Governor of this State, be
requested to communicate to this Convention all the
information in his possession relative to the condition of the
defences of the State.
Which, on motion of Mr. Briscoe, was amended by adding the
following:
"And that a committee of seven be appointed to examine
into the condition of the defences of Savannah and its
approaches; to inquire what additional defence, if any,
may be necessary, and report thereon to this Convention at the
earliest possible day."
On motion of Mr. Harris, of Glynn, the same was further
amended by adding the following:
"And an additional Committee of Seven to enquire into
the whole coast of the State."
The substitute, as amended, was received, when Mr.
Styles moved that the Convention do now adjourn.
The motion was lost.
Mr. Roddey called for the "previous question," which being
seconded and sustained, the main question was put, to-wit, upon the
passage of original resolution of Mr. Rice, which was carried.
So the resolution was adopted.
The Convention then adjourned till eleven o'clock to-morrow morning.
FRIDAY, MARCH 15, 1861.
The Convention met in secret session, Mr. Hull in the
Chair, when the following communication from his Excellency,
Governor Brown, was taken up, read, and,
On motion of Mr. Glenn, of Fulton, was referred to the
"Committee on Military Affairs," to-wit:
SAVANNAH, March 15th, 1861.
To the Convention:
While in session at Milledgeville, an ordinance was
passed by the Conventian, which made it my duty to raise two
regiments of regular troops in Georgia; which regiments
were expected to be turned over to the General Government
of the seceding States when formed, and to become a
part of the regular Army of the Confederacy. The ordinance
made it my duty, as far as practicable, to officer the
regiments with Georgians, who were lately officers in the
United States Army, and who had or might resign, with the
patriotic purpose of entering the service of this State. I was also
directed to preserve the relative rank of all such officers.
In obedience to the commands of the Convention, I proceeded as
fast as possible, with the organization of the regiments. In the
selection of officers, I not only appointed every officer of the United
States Army from Georgia, who had at the time resigned, but I
appointed every one on the active list in the Army and Navy from
Georgia. Some were in Oregon or Washington Territory, some on the
coast of Africa, and one probably in India. These had not resigned;
but I felt it my duty to reserve a place for each of them, till he could
be heard from. I preserved the relative rank of each, by appointing
no one of a lower grade, over any one of a higher grade; and I
advanced each as far as it was in my power to do. The whole number
however, was not sufficient to officer the two regiments. I was
obliged therefore, to fill part of the places with gentlemen from civil
life. This I did by the appointment of such gentlemen, as were, in my
judgment, best qualified for the discharge of the duties of the
respective positions assigned them. I may be here excused for
remarking, that my conduct has been criticised and censured by
some, because I appointed certain gentleman from civil life, to
higher positions than I give some of the officers of the Army.
It is true that I have appointed gentlemen who were not officers
in the United States Army, to higher positions than I have given to
some who were officers of the Army. Had I pursued a different
course, and appointed no one from civil life, till I had given each
Army officer a place; I must have excluded gentlemen of anything
like high position, who had age and experience, from any place in
the regiments, as they could not have accepted positions below the
lowest grades of Army officers. As an instance, I appointed Gen.
Charles J. Williams, of Muscogee, who served with distinction in
the war with Mexico, is the present Speaker of the House of
Representatives of the State, and a Brigadier General, to the
position of Lieutenant Colonel of the first Regiment; and Col. E.
W. Chastain, a member of this Convention, who has been a
Representative in the Congress of the
late United States, from this State, and who commanded a
regiment in the Florida war, as Lieutenant Colonel of the
Second Regiment. I certainly could not, with any degree of
propriety, have tendered, either of these gentleman a place below a
young gentleman recently graduated at West Point, who occupied
the position of a Second Lieutenant only, in the United States
Army.
I might mention other instances when such an appointment
would have been equally improper. Had I refused to appoint any
gentleman of position similar to those above
mentioned, and given all the first places to Army officers, I must
have filled all the remaining places with young gentlemen from
civil life, who had but little experience. The result would
have been, that the Army officers and the young gentlemen
appointed from civil life, would have been alike in a great measure,
strangers to our people; and could not
probably have enlisted the regiments in two years. Indeed I may
say, that nearly all the recruits obtained thus far, have been
enlisted by officers appointed from civil life. Most of the recruits
have enlisted because they knew those gentlemen, had confidence
in them, and were willing to serve
under them. They would not have enlisted under Army officers or
strangers.
Between four and five hundred recruits have already been
obtained, and others are coming in daily. Justice to them requires
that they be permitted to go under those on the faith of whose
command they enlisted, or that they be discharged. It has
frequently been remarked that the appointments made by me, would
not be recognized by the President. I have organized the regiments
and made the appointments under the direction of the Convention
of the people of this State, and must submit the question back to
the authority under which I have acted, for instruction in the
premises, in case the action of the authorities in this State is not
recognized. I am informed by a member of
the Convention, who had an interview with the President,
that the regiments will be received for the three years for
which they enlisted, but that the officers will not be accepted
as permanent officers of the Army of the Confederate
States. It is for the Convention to say upon what terms
they will consent to have these regiments and their officers
received.
I have tendered them to the Secretary of War, and am prepared
to follow any instructions which the representatives of the people, under
whose authority I have acted, may think proper to give.
It will be borne in mind by members of the Convention, that the
Legislature at its last session, authorized the Governor to accept
the services of ten thousand volunteers. The Government of the
Confederate States has assumed control of all military operations,
which are to be conducted against foreign powers within the limits
of any of the Confederate States. The State has reserved to itself
however, the right to repel invasion, and to use military force in
case of invasion or imminent danger thereof.
If we should be suddenly attacked by a large force, the first law
of nature might require that we meet and expel the invaders
without delay. In such an event, a thorough organization of the
Volunteer force of the State, would be indispensable to prompt
action. With a view to secure such organization, I have appointed
Colonel Henry R. Jackson, of Chatham, Major General of the first
division of Volunteer forces, and Paul J. Semmes of Muscogee, and
William Phillips of Cobb, Brigadier Generals.
Col. William H. T. Walker, late of the United States
Army, who has rendered most distinguished service on so
many battle-fields, has also been appointed Major General
of the second division. The first division will be organized
as speedily as possible, and the officers called together for
the purpose of drill; after which they will be ordered to
hold the troops under their command in readiness as minute
men, to be called into active service, should a sudden invasion,
or a call from the Government of the Confederate
States render it necessary. The companies will not, however,
be taken into the pay of the State, till they are required for active service.
My sincere desire is to render to the government of the
Confederate States, all the assistance in my power, in the
prosecution of the noble work in which the representatives of a
free and independent people are engaged. We must remember,
however, that the government has but recently
been formed, and that time is necessary to the full development of its
resources and the manifestation of its power.
In the mean time, the State authorities should be actively
engaged in preparation for self-defence, and should leave
nothing undone which is necessary to advance the common cause in
which we are all so vitally interested. I shall, to the extent of my
ability, cheerfully and promptly carry into effect all instructions
which the Convention may think proper to give upon this and
other subjects.
I would enter more into detail in regard to our military
preparations, but do not think that the public interest could at
present be promoted by a public disclosure of plans and operations
which, to be successful, must necessarily be private.
I respectfully suggest that the Convention authorize me, by the
sale of State Bonds, or the use of Treasury notes, or both, to raise
and expend such sums of money, in addition to the appropriation
made by the Legislature, for military purposes, as the public
exigencies may require.
JOSEPH E. BROWN.
Mr. Rice, from, the "Committee of Seven," who had
been appointed to examine into the condition of the defences
of the city of Savannah and its approaches, to inquire
what additional defence, if any, was necessary, made the
following report, which was taken up, read, and,
On motion of Mr. Bartow, was referred to the "Committee on
Military Affairs," to-wit:
The Committee appointed to examine into the condition of the
defences of the city of Savannah and its approaches, and to
enquire what additional defences, if any, may be necessary,
having, as far as in their power, performed the
duty assigned them, report as follows:
Having examined into the condition of the defences of
the city of Savannah and its approaches, and having taken
the opinions of persons skilled in such matters as to the
sufficiency of those defences, your committee report that
the defences of the city of Savannah and its approaches, in
their present condition, are entirely inadequte to its protection,
and could not resist a strong hostile attack. This
inadequacy of these defences arises mainly from a want of
cannon, and especially from the want of guns of large calibre and
long range. We are assured by those skilled in the science of
defensive operations, that with a sufficiency of guns of the right
kind, the defences could soon be rendered complete. The great
difficulty has been, and continues to be, in procuring such guns as
are needed for the defences. We learn from his Excellency, the
Governor of the State, that he had a contract with an Iron Company
in Pittsburg, Pa., for a number of such guns as are most needed, but
that when the guns were made, such was the prejudice of the
people of that city against the seceding
States, that the contractors declined delivering the guns, and
abandoned the contract. This delayed the obtaining the needed
supply of guns. The Governor informs your
committee that he is now procuring a supply of such guns as are
most needed from Iron Works in the State of Virginia, as fast as the
same can be manufactured and forwarded. The Government of the
Confederacy having given notice to the States of the Confederacy
that it will take charge of all Forts, Arsenals, &c., and of all military
operations, it might seem to be the duty of that government to
provide for the defence of Savannah, and of all exposed points of
our State.
When, however, we recollect that the government of the
Confederacy is, as yet, only a provisional government, that
it has just been organized, and is as yet without money, or
the means of providing for the common defence of all the
States, except as the money is furnished to it by the States,
and that the State of Georgia must therefore from the necessity
of the case furnish the money to provide for her
own defence, your committee think that the surest and the
best way of doing so will be for the State to continue to
purchase all the guns that may be needed for the defence of
the State. These guns will then be the property of the
State, and if at any time hereafter it should be deemed advisable
that the same should be turned over to the
government of the Confederacy, after a permanent government is
formed, and that the government can receive and
account for the guns on such terms as may be agreed on
between this State and the Confederate government. Your
committee would therefore recommend the passage of an
ordinance authorizing and instructing the Governor of this
State to continue to purchase as fast as the same can be
procured, all such guns as are or may be necessary for the
defence of Savannah and its approaches, as well as for the
defence of any other points on our seaboard, when the
same may be needed.
It is of the first importance that we make sure the defence of our
own State. Such moneys therefore as are intended for that purpose
had best be applied directly to that purpose by our State.
In connection with the foregoing, your committee further state
that the present want of cannon for our defences, and the difficulty
of procuring them, led your committee into the consideration of the
propriety of the adoption by the State of some measure by which
an early and sure supply of arms may be obtained by the State. At
present the State is, as above mentioned, procuring cannon from
Iron Works in the State of Virginia. The present indications are that
Virginia will, at least for some time, remain in the United States. If
hostilities should occur between the United States and this
Confederacy, the owner of those works in Virginia could not
continue to furnish us with
guns without a violation of the laws of the United States. There
would, therefore, be great danger, in case war should occur
between the United States and this Confederacy, that our supply of
guns would be cut off at the very time when we might need them
most. We could not, then, supply ourselves from Europe, because
guns would then become contraband articles.
It is therefore a matter of the greatest importance that we adopt
measures to secure a supply of large guns (and the same may be
said of all munitions of war) by having the same manufactured in
our own State. To accomplish this object, good policy as well as
economy dictate the importance of our encouraging any person or
persons who may be disposed to do so, to erect works for the
manufacture of cannon, &c. The erection of such works would
require capital, and men of capital will hesitate about embarking
their capital in what would be in this State a new business,
unless in some way secured against the probability of loss. For
these reasons and many others which we could urge, your
committee recommend that encouragement be given to the erection
of works in this State for the manufacture of cannon, by the offer of
a bonus to any person or company who shall, at the earliest day,
erect works in this State for the manufacture and casting of cannon,
and who shall agree to furnish the State at reasonable prices, such
number of "Columbiads" and other cannon as the State may
require. We recommend that the
bonus be offered for the casting of "Columbiads", because that is
the gun most needed for our defences. We feel assured that if the
payment of such a bonus secure the State a supply of such guns as
the State needs, it will be money well spent. We therefore
recommend the passage of the "ordinance" herewith submitted.
AN ORDINANCE
To encourage the manufacture of cannon in this State.
Be it ordained, by the people of the State of Georgia by their
delegates in Convention assmbled, and it is hereby ordained,
That the Governor of this State be, and he is hereby
authorized to offer a bonus not exceeding ten thousand dollars
to any person or company who shall erect a Foundry
in this State for the casting of cannon, and who shall at
the earliest day manufacture a ten inch "Columbiad," and
shall agree to furnish thereafter the State at reasonable
prices as many such guns and other large guns as shall be
required by the State, at the rate of three guns per week,
or such other number as may be agreed on, provided that
said gun and guns shall be subject to inspection by a competent
officer appointed by the Governor for that purpose.
The Convention then adjourned till ten o'clock to-morrow
morning.
The Convention met in secret session, when Mr. Cobb, from the
Committee on the Constitution and Laws of the State, and the
Constitution of the United States, to whom was referred the
revision of the Constitution of the State, made the following
Report:
THE
CONSTITUTION
OF
THE STATE OF GEORGIA.
ARTICLE 1.
DECLARATION OF FUNDAMENTAL PRINCIPLES.
1. The fundamental principles of Free Government cannot be
too well understood, nor too often recurred to.
2. God has ordained that men shall live under government; but
as the forms and administration of civil government are in human,
and therefore, fallible hands, they may be altered, or modified
whenever the safety or happiness of the governed requires it. No
government should be changed for light or transient causes; nor
unless upon reasonable assurance that a better will be established.
3. Protection to person and property is the duty of Government;
and a Government which knowingly and
persistently denies, or withholds from the governed such
protection, when within its power, releases them from the
obligation of obedience.
4. No citizen shall be deprived of life, liberty or property,
except by due process of law; and of life or liberty, only by the
judgment of his peers.
5. The writ of "Habeas Corpus" shall not be suspended, unless
in case of rebellion or invasion, the public safety may require it.
6. The right of the people to keep and bear arms shall not be
infringed.
7. No religious test shall be required for the tenure of any office;
and no religion shall be established by law; and no citizen shall be
deprived of any right or privilege by reason of his religious belief.
8. Freedom of thought and opinion, freedom of speech, and
freedom of the press, are inherent elements of political liberty. But
while every citizen may freely speak, write and print, on any
subject, he shall be responsible for the abuse of the liberty.
9. The right of the people to appeal to the courts; to petition
Government on all matters of legitimate cognizance; and
peaceably to assemble for the consideration of any matter of public
concern--shall never be impaired.
10. For every right, there should be provided a remedy; and
every citizen ought to obtain justice without purchase, without
denial, and without delay--comformably to the laws of the land.
11. Every person charged with an offence against the laws of
the State shall have the privilege and benefit of counsel:
Shall be furnished, on demand, with a copy of the accusation,
and with a list of the witnesses against him:
Shall have compulsory process to obtain the attendance of his
own witnesses:
Shall be confronted with the witnesses testifying against him; and
Shall have a public and speedy trial by an impartial jury.
12. No person shall be put in jeopardy of life or liberty more
than once for the same offence.
13. No conviction shall work corruption of blood, or
general forfeiture of estate.
14. Excessive bail shall not be required; nor excessive
fines imposed; nor cruel and unusual punishments inflicted.
15. The power of the courts to punish for contempt
shall be limited by Legislative Acts.
16. A faithful execution of the laws is essential to good
order; and good order in society is essential to liberty.
17. Legislative Acts in violation of the fundamental law
are void; and the Judiciary shall so declare them.
18. Ex post facto laws, and laws impairing the obligation
of contracts, and retro-active legislation injuriously affecting the
right of the citizen, are prohibited.
19. Laws should have a general operation; and no general
law shall be varied in a particular case by special Legislation;
except with consent of all persons to be affected thereby.
20. The right of taxation can be granted only by the people; and
shall be exercised only to raise revenue for the support of
Government, to pay the public debt; to provide for the common
defence, and for such other purposes as are specified in the grant
of powers.
21. In cases of necessity, private ways may be granted
upon just compensation being first paid; and with this exception,
private property shall not be taken except for public use; and then,
only upon just compensation; such compensation, except in cases
of pressing necessity, to be first provided and paid.
22. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures,
shall not be violated; and no warrant shall issue but upon
probable cause, supported by oath or affirmation, and particularly
describing the place or places to be searched, and the persons and
things to be seized.
23. Martial law shall not be declared, except in cases of extreme
necessity.
24. Large standing armies, in time of peace, are dangerous to
liberty.
25. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner; nor in time of war, but in a
manner prescribed by law.
26. The person of a debtor shall not be detained in prison after
delivering bona fide all his estate for the use of his creditors.
27. All powers not delegated to the Government expressly, or by
necessary implication are reserved to the people of the State; and
in all doubtful cases the denial of the grant is the ground safest
for the liberty of the people.
28. The enumeration of rights herein contained shall not
be construed to deny to the people any inherent rights which they
have hitherto enjoyed.
29. This declaration is a part of this Constitution, and shall
never be violated on any pretence whatever.
ARTICLE II.
SECTION 1.
1. The Legislative, Executive and Judicial departments, shall be
distinct; and each department shall be confided to a separate body
of magistracy. No person or collection of persons, being of one
department, shall exercise any power properly attached to either of
the others; except in cases herein expressly provided.
2. The Legislative power shall be vested in a General Assembly,
which shall consist of a Senate and House of Representatives.
3. The meeting of the General Assembly shall be annual, and on
the first Wednesday in November, until such day of meeting shall
be altered by law. A majority of each House shall constitute a
quorum to transact business; but a smaller number may adjourn
from day to day, and compel the attendance of their members in
such manner as each House shall prescribe. No session of the
General Assembly shall continue for more than forty days, unless
the same shall be done by a vote of two-thirds of each branch
thereof.
4. The compensation of the members and officers of the General
Assembly shall be fixed by law, at the first session, subsequent to
the adoption of this Constitution:
and the same shall not be increased so as to affect the
compensation of the members or officers of the Assembly by
which the increase is adopted.
5. No person holding any military commission or other
appointment, having any emolument or compensation annexed
thereto, under this State or the Confederate States, or either of
them, (except Justices of the Inferior Court, Justices of the Peace
and officers of the militia), nor any defaulter for public money, or for
legal taxes required of him, shall have a seat in either branch of the
General Assembly; nor shall any Senator or Representative, after his
qualification as such, be elected to any office or appointment
by the General Assembly having any emoluments or
compensation annexed thereto, during the time for which he shall
have been elected.
6. No person convicted of any felony before any Court of this
State, or of the Confederate States, shall be eligible to any office or
appointment of honor, profit or trust, within this State.
7. No person who is a collector or holder of public money, shall
be eligible to any office in this State, until the same is accounted
for and paid into the Treasury.
SECTION 2.
1. The Senate shall consist of forty-four members, one to be
chosen from each senatorial district, which district shall be
composed of three contiguous counties. If a new county is
established, it shall be added to a district which it adjoins until
there shall be another arrangement of the senatorial districts. The
senatorial districts shall not be changed by the Legislature, except
when a new census shall have been taken.
2. No person shall be a Senator who shall not have attained to
the age of twenty-five years, and be a citizen of the Confederate
States, and have been for three years an inhabitant of this State.
3. The presiding officer shall be styled the President of
the Senate, and shall be elected by ballot, from their own
body.
4. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation;
and no person shall be convicted without the concurrence of two-thirds
of the members present. Judgment, in cases of impeachment,
shall not extend further than removal from office and
disqualification to hold and enjoy any office of honor, profit or trust
within this State; but the party convicted shall, nevertheless, be
liable and subject to indictment, trial, judgment and punishment
according to law.
2. No person shall be a Representative who shall not have
attained to the age of twenty-one years, and be a citizen
of the Confederate States, and have been for three years an
inhabitant of this State.
3. The presiding officer of the House of Representatives shall be
styled the Speaker, and shall be elected by ballot from their own
body.
4. They shall have the sole power to impeach all persons who
have been or may be in office.
5. All bills for raising revenue, or appropriating money, shall
originate in the House of Representatives; but the Senate may
propose or concur in amendments, as in other bills.
SECTION 4.
1. Each House shall be the judge of the election, returns, and
qualifications of its own members; and shall have power to punish
them for disorderly behavior or mis-conduct, by censure, fine,
imprisonment or expulsion; but no member shall be expelled except
by a vote of two-thirds of the House from which he is expelled.
2. Each House may punish, by imprisonment not extending
beyond the session, any person not a member, who shall be guilty
of a contempt, by any disorderly behavior in its presence; or who,
during the session, shall threaten injury to the person or estate of
any member, for anything said or done in either House; or who
shall assault any member therefor; or who shall assault or arrest
any witness going to or returning therefrom; or who shall rescue,
or attempt to rescue, any person arrested by order of either House.
3. The members of both Houses shall be free from arrest, except
for treason, felony, or breach of the peace, during their attendance
on the General Assembly, and in going to and returning therefrom.
And no member shall be liable to answer, in any other place, for
anything spoken in debate in either House.
4. Each House shall keep a journal of its proceedings, and
publish them immediately after its adjournment. The yeas and nays
of the members on any question, shall, at the desire of one-fifth of
the members present, be entered on the journals. The original
journals shall be preserved (after
publication) in the office of the Secretary of State; but there shall be
no other record thereof.
5. Every bill, before it shall pass, shall be read three times and on
three separate and distinct days in each House, unless in cases of
actual invasion or insurrection. Nor shall any law or ordinance pass
which refers to more than one subject matter, or contains matter
different from what is expressed in the title thereof.
6. All Acts shall be signed by the President of the Senate and the
Speaker of the House of Representatives; and no bill, ordinance, or
resolution intended to have the effect of law, which shall have been
rejected by either House, shall be again proposed under the same
or any other title, without the consent of two-thirds of the House
by which the same was rejected.
7. Neither House shall adjourn for more than three days, nor to
any other place, without the consent of the other; and in case of
disagreement between the two Houses, on a question of
adjournment, the Governor may adjourn them.
8. Every Senator and Representative, before taking his seat, shall
take an oath or affirmation to support the Constitution of the
Confederate States and of this State; and also, that he hath not
practiced any unlawful means, either directly or indirectly, to
procure his election. And every person convicted of having given
or offered a bribe, shall be disqualified from serving as a member of
either House for the term for which he was elected.
9. Whenever this Constitution requires an Act to be passed by
two-thirds of both Houses, the yeas and nays on the passage
thereof shall be entered on the journals of each.
SECTION 5.
1. The General Assembly shall have power to make all laws and
ordinances, consistent with this Constitution and not repugnant to
the Constitution of the Confederate States, which they shall deem
necessary and proper for the welfare of the State.
2. They may alter the boundaries of counties, and lay off and
establish new counties; but every bill to establish a new county
shall be passed by at least two-thirds of the members
3. They shall provide for the taking of a census or enumeration
of the people of this State, at regular decades of years,
commencing at such times us they may prescribe
4. The General Assembly shall have power to appropriate money
for the promotion of learning in one or more seminaries, and to
provide for the education of the people.
5. The General Assembly shall have power to grant pardons in
cases of conviction for treason, or murder.
SECTION 6.
1. The General Assembly shall have no power to grant corporate
powers and privileges to private companies, except to banking,
insurance, railroad, canal, plank road, and telegraph companies; nor
to make or change election precincts; nor to establish bridges and ferries;
nor to change names, or legitimate children; bUt shall by law
prescribe the manner in which such power shall be exercised by the
Courts. But no bank charter shall be granted or extended, and no Act
passed authorizing the suspension of specie payment by any
chartered bank, except by a vote of two-thirds of both branches of
the General Assembly.
2. No money shall be drawn from the Treasury of this State,
except by appropriation made by law; and a regular statement and
account of the receipt and expenditure of all public money shall
be published from time to time.
3. No vote, resolution, law or order shall pass, granting a donation
or gratuity in favor of any person, except by the concurrence of
two-thirds of the General Assembly.
4. No law shall be passed by which a citizen shall be compelled,
directly or indirectly, to become a stockholder in, or contribute to a
rail road or other work of internal improvement, without
his consent; except the inhabitants of a
corporate town or city, where the improvements are to be made
within the corporate limits, or for corporate purposes. This
provision shall not be construed to deny the power of taxation for
the purpose of making levees or dams to prevent the overflow of
rivers.
5. The General Assembly shall not, except by a vote of
two-thirds of both branches, by the loan of money, or bonds or in
any other way, pledge the funds or credit of the State for any
purpose except the support of Government.
SECTION 7.
1. The importation or introduction of negroes from any foreign
country, other than the slave-holding States or Territories of the
United States of America, is forever prohibited.
2. The General Assembly may prohibit the introduction of
negroes from any State; but they shall have no power to prevent
immigrants from bringing their slaves with them.
3. The General Assembly shall have no power to pass laws for the emancipation
of slaves, without the consent of each of their respective owners,
previous to such emancipation.
4. Any person who shall maliciously kill or maim a slave, shall suffer such
punishment as would be inflicted in case the like offence had been
committed on a free white person.
ARTICLE III.
SECTION 1.
1. The executive power shall be vested in a Governor, who shall
hold his office during the term of two years, and
until such time as a successor shall be chosen and qualified. He
shall have a competent salary fixed by law, which shall not be
increased or diminished during the period for which he shall have
been elected; neither shall he receive, within that
period, any other emolument from the Confederate States,
or either of them, or from any foreign power.
2. The Governor shall be elected by the persons qualified to
vote for members of the General Assembly, on the first Wednesday
in October, in the year of our Lord 1861; and on the first
Wednesday in October in every second year thereafter, until such
time be altered by law; which election shall be held at the places of
holding general elections, in the several counties of this State, in the manner
prescribed for the election of members of the General Assembly.
The returns for every election of Governor
shall be sealed up by the managers, separately from other
returns, and directed to the President of the Senate and
Speaker of the House of Representatives; and transmitted
to the Governor, or the person exercising the duties of Governor for
the time being; who shall, without opening the said returns, cause
the same to be laid before the Senate, on the day after the two
houses shall have been organized; and they shall be transmitted by
the Senate to the House of Representatives. The members of each
branch of the General Assembly shall convene in the
Representative chamber, and the President of the Senate, and the
Speaker of the House of Representatives, shall open and publish
the returns in presence of the General Assembly;
and the person having the majority of the whole number of
votes given in, shall be declared duly elected Governor of this
State; but if no person have such majority, then from
the two persons having the highest number of
votes, who shall be in life, and shall not decline an election at the
time appointed for the Legislature to elect, the General Assembly
shall immediately elect a Governor by joint ballot; and in all cases
of election of a Governor by the General Assembly, a majority of
the votes of the members present shall be necessary for a choice.
Contested elections shall be determined by both Houses of the
General Assembly, in such manner as shall be prescribed by law.
3. No person shall be eligible to the office of Governor
who shall not have been a citizen of the Confederate States twelve
years, and an inhabitant of this State six years, and who hath not
attained the age of thirty years.
4. In case of the death, resignation, or disability of the
Governor, the President of the Senate shall exercise the
executive powers of the government until such disability
be removed, or a successor is elected and qualified. And in
case of the death, resignation, or disability of the President
of the Senate, the Speaker of the House of Representatives
shall exercise the executive power of the government
until the removal of the disability or the election and qualification
of a Governor.
5. The Governor shall, before he enters on the duties of his
office, take the following oath or affirmation: "I do solemnly swear
or affirm (as the case may be,) that I will
faithfully execute the office of Governor of the State of Georgia;
and will, to the best of my abilities, preserve,
protect and defend the constitution thereof."
SECTION 2.
1. The Governor shall be Commander-in-Chief of the army and
navy of this State, and of the militia thereof.
2. He shall have power to grant reprieves for offences against
the State, except in cases of impeachment, and to grant pardons, or
to remit any part of a sentence, in all cases after conviction, except
for treason or murder, in which cases he may respite the execution,
and make report thereof to the next General Assembly.
3. He shall issue writs of elections to fill vacancies that happen
in the Senate or House of Representatives, and shall have power to
convene the General Assembly on extraordinary occasions; and
shall give them, from time to time, information of the state of the
republic, and recommend to their consideration such measures as he
may deem necessary and expedient.
4. When any office shall become vacant by death, resignation,
or otherwise, the Governor shall have power to fill such vacancy;
and persons so appointed shall continue in office until a successor
is appointed agreeably to the mode pointed out by this
Constitution, or by law in pursuance thereof.
5. A person once rejected by the Senate shall not be
re-appointed by the Governor to the same office.
6. The Governor shall have the revision of all bills passed by
both Houses, before the same shall become laws, but two-thirds of
each House may pass a law notwithstanding his dissent; and if
any bill should not be returned by the Governor within five days
(Sundays excepted) after it has been presented to him, the same
shall be a law, unless the General Assembly, by their adjournment,
shall prevent its return. He may approve any appropriation and
disapprove any other appropriation in the same bill, and the latter
shall not be effectual unless passed by two-thirds of both Houses.
7. Every vote, resolution, or order, to which the concurrence
of both Houses may be necessary, except on a question
of adjournment, shall be presented to the Governor; and
before it shall take effect, be approved by him, or being
disapproved, shall be re-passed by two-thirds of both Houses,
according to the rules and limitations prescribed in case of a bill.
8. There shall be a Secretary of State, a Comptroller General, a
Treasurer, and Surveyor-General, elected by the General Assembly,
and they shall hold their offices for the like period as the Governor,
and shall have a competent salary, which shall not be increased or
diminished during the period for which they shall have been
elected. The General Assembly may at any time consolidate any
two of these offices, and require all the duties to be discharged by
one officer.
9. The great seal of the State shall be deposited in the office of
the Secretary of State, and shall not be affixed to any instrument of
writing, but by order of the Governor or General Assembly; and the
General Assembly shall, at their first session, after the rising of
this convention, by law cause the great seal to be altered.
10. The Governor shall have power to appoint his own
Secretaries, not exceeding two in number.
ARTICLE IV.
SECTION 1.
1. The Judicial powers of this State shall be vested in a Supreme
Court for the correction of errors, a Superior, Inferior, and Justices'
Courts, and in such other courts as the General Assembly shall
from time to time ordain and establish.
2. The Supreme Court shall consist of three Judges, who shall be
appointed by the Governor with the advice and consent of two-thirds
of the Senate, for such term of years as shall be prescribed
by law, and shall continue in office until their successors shall be
appointed and qualified, removable by the Governor on the address
of two-thirds of each branch of the General Assembly, or by
impeachment and conviction thereon.
3. The said Court shall have no original jurisdiction, but shall be
a court alone for the trial and correction of errors
in law and equity from the Superior Courts of the several circuits,
and shall sit at least once a year, at a time prescribed by law, in
each of one or more judicial districts, designated by the General
Assembly for that purpose, at
such point in each district as shall by the General Assembly be
ordained, for the trial and determination of writs of error from the
several Superior Courts included in such judicial districts.
4. The said Court shall dispose of and finally determine every
case on the docket of such Court at the first or second term after
such writ of error brought; and in case the plaintiff in error shall not
be prepared at the first term of such Court after error brought, to
prosecute the cause, unless precluded by some providential cause
from such prosecution, it shall be stricken from the docket, and the
judgment below shall stand affirmed.
SECTION 2.
1. The Judges of the Superior Courts shall be appointed in the
same manner as Judges of the Supreme Court from the circuits in
which they are to serve, for the term of six years, and shall
continue in office until their successors shall be appointed and
qualified, removable by the Governor on the address of two-thirds
of each branch of the General Assembly, or by impeachment and
conviction thereon.
2. The Superior Court shall have exclusive jurisdiction in all
cases of divorce, both total and partial; but no total divorce shall
be granted, except on the concurrent verdicts of two special juries.
In each divorce case, the Court shall regulate the rights and
disabilities of the parties.
3. The Superior Court shall also have exclusive jurisdiction
in all criminal cases, except as relates to people of color, fines
for neglect of duty, and for contempt of Court; for violations
against road laws, and for obstructing water courses, which shall
be vested in such judicature or tribunal as shall be or may have
been pointed out by law; and except in all other minor offences
committed by free white persons, and which do not subject the
offender or offenders to loss of life, limb or member, or to
confinement in the penitentiary; in all such cases, Corporation
Courts, such as now exist, or may hereafter be constituted, in any
incorporated
city, or town, may be vested with jurisdiction, under such
rules and regulations as the Legislature may hereafter by law
direct.
4. All criminal cases shall be tried in the county where the crime
was committed, except in cases where a jury cannot be obtained.
5. The Superior Court shall have exclusive jurisdiction in all
cases respecting titles to land, which shall be tried in the county
where the land lies.
6. It shall have appellate jurisdiction in all such cases as may be
provided by law.
7. It shall have power to correct errors in inferior judicatories by
writ of certiorari, and to grant new trials in the Superior Court on
proper and legal grounds.
8. It shall have power to issue writs of mandamus, prohibition,
scire facias, and all other writs which may be necessary for
carrying its powers fully into effect.
9. The Superior and Inferior Courts shall have concurrent
jurisdiction in all other civil causes; which shall be tried in the
county where the defendant resides.
10. In cases of joint obligors, or joint promissors or co-partners,
or joint trespassers residing in different counties, the suit may be
brought in either county.
11. In case of a maker and indorser or indorsers of promissory
notes residing in different counties in this State,
the same may be sued in the county where the maker resides.
12. The Superior and Inferior Courts shall sit in each county
twice in every year, at such stated times as have been or may be
appointed by the Legislature.
SECTION 3.
1. The judges shall have salaries adequate to their services fixed
by law, which shall not be diminished during their continuance in
office; but shall not receive any other perquisites or emoluments
whatever, from parties or others, on account of any duty required
of them.
2. There shall be a State's Attorney and Solicitors elected by the
persons entitled to vote for members of the General Assembly, and
commissioned by the Governor; who shall
hold their offices for the term of four years, or until their
successors shall be elected and qualified, unless removed by
sentence on impeachment, or by the Governor, on the address of
two-thirds of each branch of the General Assembly. They shall
have salaries adequate to their services fixed by law, which shall
not be diminished during their continuance in office.
3. The Justices of the Inferior Courts shall be elected in each
county by the persons entitled to vote for members of the General
Assembly.
4. The Justices of the Peace shall be elected in each district by
the persons entitled to vote for members of the General Assembly.
5. The powers of a Court of Ordinary and of Probate, shall be
vested in an Ordinary for each county, from whose decisions there
may be an appeal to the Superior Court, under regulations
prescribed by law. The ordinary shall be ex officio clerk of said
Court, and may appoint a deputy-clerk. The ordinary, as clerk, or
his deputy, may issue citations and grant temporary letters of
administration, to hold until permanent letters are granted; and
said ordinary, as clerk, or his deputy, may grant marriage licenses.
The ordinaries in and for the respective counties shall be elected,
as other county officers are, on the first Wednesday in January,
1864, and every fourth year thereafter, and shall be commissioned
by the Governor for the term of four years. In case of any vacancy
of said office of ordinary, from any cause, the same shall be filled
by election, as is provided in relation to other county officers, and
until the same is filled, the clerk of the Superior Court for the time
being shall act as clerk of said Court of Ordinary.
ARTICLE V.
1. The electors of Members of the General Assembly shall be
free white male citizens of this State; and shall have attained the
age of twenty-one years; and have paid all taxes which may have
been required of them, and which they have had an opportunity of
paying, agreeably to law, for the year preceding the election; and
shall have resided six months within the district or county.
2. All elections, by the General Assembly, shall be by joint ballot
of both branches; and when the Senate and House of
Representatives unite for the purpose of electing, they shall meet in
the Representative chamber, and the President of the Senate shall
in such cases preside, receive the ballots and declare the person or
persons elected.
3. In all elections by the people, the electors shall vote by ballot,
until the General Assembly shall otherwise direct.
4. All civil officers shall continue in the exercise of the duties of
their several offices, during the periods for which they were
appointed, or until they shall be superseded by appointments made
in conformity with this Constitution; and all laws now in force shall
continue to operate, so far as they are compatible with this
Constitution, until they shall expire, be altered or repealed; and it
shall be the duty
of the General Assembly to pass all necessary laws and regulations
for carrying this Constitution into full effect.
5. All militia and county officers shall be elected by the people in
such manner as the General Assembly may by law direct.
6. This Constitution shall be amended only by a Convention of
the people called for that purpose. Such Convention shall consist
of not more than one hundred and fifty delegates, and an equal
number of delegates shall be chosen from and by each
Congressional District as the same may exist at the time.
Which having been made the special order of the day
for ten o'clock this morning, was read.
Mr. Garvin offered the following resolution, which was taken up,
read, and adopted:
Resolved, That no delegate shall be allowed to speak longer than
ten minutes on any question pending before the Convention--this
rule to continue in force until the adjournment of this Convention.
On motion of Mr. Cobb, the first Article of the Constitution was
taken up and read.
Mr. Bartow moved to strike out the word "governed" in the
second section, and insert "people."
Mr. Fouche moved to insert the word "citizen" instead of
"people."
The motion to strike out did not prevail.
Mr. Benning moved to strike out of the 18th section the words
"and retroactive legislation injuriously affecting the right of the
citizen."
The motion was lost.
On motion of Mr. Martin, the 21st section was re-committed to
the reporting Committee, for the purpose of considering the
following proposed amendment: "and carrying water for the
purpose of irrigation and drainage, working
mines and machinery, shall be placed on the footing of private
ways."
Mr. Benning moved to re-commit the sixth section to the
reporting Committee.
The motion was lost.
He also moved to strike out of the eighth section the words, "he
shall be responsible for the abuse of the liberty," and insert the "the
Legislature shall have power to declare what shall be an abuse of the privilege."
The motion was lost.
Mr. Mabry, of Heard, moved to amend the 26th section by
adding after the word "estate," the words "according to law."
The motion was lost.
Mr. Benning moved to re-commit the second clause of the
eleventh section to the reporting Committee, which was lost.
He also moved to re-commit the 17th section to the reporting
Committee, which was lost.
Mr. Johnson moved to strike out the 27th section, which was
lost.
The first Article of the Constitution, as amended, and excepting
the references to the Committee, was then adopted.
On motion of Mr. Cobb, the second Article of the Constitution
was taken up by sections.
The first section having been read, Mr. Kimsey moved to
amend the same by striking out the word "annual" in the third clause
of said section, and inserting the word "biennial."
The motion was lost.
On motion of Mr. Tidwell, the sixth clause of said
section was re-committed to the reporting Committee.
The second section having been read, Mr. Reynolds
moved to amend the same by adding "and for one year a
resident of the District from which he is chosen."
Upon which motion Mr. Arnold demanded that the yeas
and nays be recorded. There are yeas 116; nays 112, to-wit:
The journal in secret session of yesterday, was read, when Mr.
Johnson of Jefferson moved to reconsider so much of it, as relates
to his motion to strike out the 27th Section of the 1st Article of the
Constitution of the State of Georgia, as reported by the reporting
committee, and adopted on yesterday.
The motion prevailed.
Mr. Low moved to reconsider so much of the journal of of
yesterday, as relates to the incorporation of the first clause of the
second section of the second article of the Constitution therein,
which was offered as an amendment to the report of the committee,
by Mr. Cobb.
The motion was lost.
Mr. Johnson of Jefferson then moved to strike out the 27th
section of the first article of the Constitution, as reported by the
committee, and adopted on yesterday.
The motion prevailed, and the section was stricken out.
Upon the reading of the 3rd clause of the 2nd section of the 2nd
Article of the Constitution, Mr. Hood moved to strike out the
words, "by ballot," and insert "viva voce."
The motion prevailed.
Mr. Hood moved to strike out the words "by ballot" in the
third clause of the second section of the Constitution, and insert
"viva voce."
The motion prevailed.
The third section of the second article of the Constitution was
taken up, when Mr. Cobb moved to fill the blank with the following
as the first section thereof.
The House of Representatives shall be composed as follows:
The thirty-seven counties having the largest representative
population shall have two representatives each. Every other county
shall have one representative. The designation of the counties
entitled to two representatives shall be made by the General Asiembly
immediately after the taking of each census.
On motion of Mr. Reynolds, the second clause of the
third section of the second article, was amended by adding
the words, "and for one year a resident of the county
which he represents."
On motion of Mr. Cobb, the words "by ballot" was stricken out,
and "viva voce," inserted in lieu thereof, in the third clause of the
same section and article.
The fourth section of the second article was taken up.
On motion of Mr. Cobb, the third clause of the same was
amended so as to strike out after the word "arrest," the words
"except for treason, felony, or breach of the peace," and insert
"therefrom."
The fifth section being under consideration, Mr. Johnson of
Jefferson moved to strike out "at least two-thirds," where these
words occur in the second clause, and insert "a majority," in lieu
thereof.
The motion to strike out was lost.
On motion of Mr. Cobb, the words "both branches" where they
occur in the said clause, was stricken out, and "each branch,"
inserted in lieu thereof.
Mr. Fouche moved to strike out, in the fourth clause of the said
section, after the word "learning, and to provide for the education
of the people," the words "in one or more seminares," and insert
the words "and science," in lieu thereof.
The motion prevailed.
Mr. Hawkins moved further to amend the same by adding after
the word "people," the words "by a vote of two-thirds of both
branches thereof."
Whereupon Mr. Cobb called for the previous question, which
being seconded and sustained, the main question, to-wit: the
adoption of the said clause as amended--was put, and carried.
So the fourth clause as amended was adopted.
The fifth clause of the same section was read, when Mr. Fleming
moved, after the word "treason," to insert "and to pardon or
commute in cases of final conviction for murder," and to strike
out the words "or murder," at the end of the clause.
The motion prevailed.
On motion the fifth clause was further amended by inserting
after the word "power," the following words: "by a vote
of two-thirds of each branch."
Mr. Thomas offered the following as a substitute for the
original clause as amended:
The Senate alone by a vote of two-thirds thereof, shall have
power to grant pardons in cases of convictions for treason or
murder.
The substitute was lost, and the said fifth clause, as amended,
was adopted.
The sixth section of the second article, was taken up.
The first clause of said section being under consideration, Mr.
Fouche offered the following as a substitute therefor:
The General Assembly shall have no power to pass any Act
authorizing a suspension of specie payment, or to legalize any such
suspension by any chartered bank. No bank charter shall be granted,
or extended, except by a vote of two-thirds of each branch of the
General Assembly. They shall have no power to grant corporate
powers and privileges to private companies, except to banking,
insurance, rail road, canal, plank road, and telegraph companies, nor
to make or change names, or to legitimate children, but shall by law
prescribe the manner in which such power shall be exercised by the
Courts.
Mr. Jackson called for the previous question, which being
seconded and sustained, the main question, to-wit: the passage of
the original clause, was put and decided in the affirmative.
On motion of Mr. Cobb, the clause was amended by striking out
the words "both branches" where they occur in said clause, and
by inserting the words "each branch" in lieu thereof, and by
inserting after the words "plank roads," the following words:
"navigation, mining, express, lumber."
Mr. Cobb also moved to amend the third clause in a similar
manner as to the words "both branches."
The motion prevailed.
The fourth clause being under consideration, Mr. Johnson,
of Hall, moved to strike it out.
Mr. Nisbet moved to strike out the words "where the
On motion of Mr. Cobb, the second article of the Constitution as
amended, was adopted.
The third article was then taken up.
The first section having been read, Mr. Patrick moved the
following amendment to the first clause thereof:
"The Governor shall receive a salary of three thousand dollars,
which shall not be increased or diminished during the period for
which he shall have been elected."
The amendment was lost.
On motion of Mr. Cobb, the words "viva voce," was inserted in
the second clause, in lieu of the words "joint ballot."
The second section being up for consideration, Mr. Cobb
moved after the word "vacancy," in the fourth clause, to insert the
words "unless otherwise provided by law."
The motion prevailed.
Mr. Clarke moved to insert "elections," before the word
"adjournment," in the seventh clause, which motion prevailed.
On motion of Mr. Cobb, the third article of the Constitution, as
amended, was adopted.
The fourth article was taken up.
On motion of Mr. Cobb, the word "Ordinary," was inserted, after
the word "Inferior" in the first clause, of the first section, of said
article; and after the word "Courts," the words composing the
remainder of the original clause to be stricken out, and the
following to be inserted: "as have been or may be established by
law."
Mr. Carswell moved to amend the second clause of the first
section of said article as follows:
To strike out the words "appointed by the Governor, with the
advice and consent of two-thirds of," and insert the words,
"elected by."
Mr. Patrick offered the following amendment to said clause:
The Supreme Court shall consist of three, who shall be elected
by the persons qualified to vote for members of the General
Assembly, on the first Wednesday in October, in the year of our
Lord 1861, and on the first Wednesday
in October, every fourth year thereafter--which election shall be
conducted at the time and places, and in the same manner, as for
Governor, and shall receive a salary of $3,000, annually, for their
services.
Mr. Singleton called for the previous question.
The call was not sustained.
The Convention then adjourned till 4 o'clock, P. M.
4 O'CLOCK, P. M.
The Convention met pursuant to adjournment, and resumed the
consideration of the unfinished business of the morning.
Mr. Hawkins offered the following as a substitute for the
amendments offered to the second clause of the first section, of
the fourth article of the Constitution, and the original clause, to-wit:
The Supreme Court shall consist of three Judges, who shall be
elected by the Legislature, for the term of six years, and shall
continue in office until their successors are elected and qualified,
removable by impeachment and conviction thereon.
The amendment offered by Mr. Carswell was taken up.
Mr. Johnson, of Jefferson, moved to adopt as a substitute for
all, the following:
"The Supreme Court shall consist of three Judges, who shall be
elected by the Legislature for such term of years as shall be
prescribed by law, and shall continue in office until their
successors shall be elected and qualified, removable by the
Governor on the address of two-thirds of both branches of the
General Assembly for that purpose, or by impeachment and
conviction thereon."
Upon which motion, Mr. Hood demanded that the yeas and
nays be recorded.
Mr. Cobb called for the "previous question," which being
seconded and sustained, the main question, to-wit: the adoption of
the original clause, was put, and decided in the affirmative.
The third clause of said section and Article being under
consideration, Mr. Fleming offered the following amendment:
To insert after the word "time," the words "and place," and to
strike out all after the word "law," down to the word "ordained,"
and to strike out all after the word "county," and insert the words
"of this State."
The amendment was lost.
On motion of Mr. Beall, of Forsyth, the word "six," in the first
clause of the second section of said article was stricken out, and
the word "four" inserted in lieu thereof.
Mr. Chastain moved to strike out the said clause, and insert in
lieu thereof, "the provisions of the existing law regulating the
election of the Judges of the Superior Courts."
Upon which motion the yeas and nays were demanded to be
recorded.
To insert in the third clause, after the word "be," and
before "appointed," the words "elected by the General
Assembly from the circuits in which they reside."
Mr. Varnadoe called for the "previous question," which
being seconded and sustained, the main question was put, to-wit:
the motion to adopt the original clause as amended,
which motion prevailed.
On motion of Mr. Cobb, the words, "for violations against
road laws, and for obstructing water courses," in the third
clause of the second section, was striken out, and "violations
of road laws and obstructions of water courses jurisdiction
of" was inserted.
Mr. Hawkins moved to strike out all after the word
"except" in the fourth clause of said section.
The motion was lost.
Mr. Cobb offered the following amendment to the fifth
clause of the second section of said article.
"And also in all equity causes which shall be tried in the
county where one or more of the defendants reside, against
whom substantial relief is prayed."
The amendment was received.
Mr. Jackson moved to strike out the word "certiorari," in
the seventh clause, and insert the word "appeal."
On motion of Mr. Cobb, the word "Legislature," in the 12th clause
of said section, was stricken out, and the words "General Assembly,"
inserted in lieu thereof.
The third section was taken up.
Mr. Hansel moved to amend the 2d clause thereof, by striking
out the words "elected by the persons entitled to vote for members
of the General Assembly," and inserting, in lieu thereof, the words
"appointed in the same manner as Judges of the Supreme Court."
The motion prevailed.
Mr. Hood moved to strike out the word "justices," in the third
clause.
The motion was lost.
On motion of Mr. Cobb, the fourth article, as amended, was
adopted.
The fifth article was taken up.
On motion of Cobb, the words, "by joint ballot," in the second
section, was stricken out, and the words "viva voce," inserted in
lieu thereof.
He also moved to strike out the words,
"and receive the ballots."
The motion prevailed.
Mr. Harris, of Glynn, moved to strike out all after the first
sentence, in the sixth section.
The motion pervailed.
Mr. Cobb offered the following additional section.
7th. This constitution shall not take effect until the same is
ratified by the people.
And to this end there shall be an election held at all the places
of public election in this State, on the first Tuesday in July 1861,
when all the citizens of this State, entitled to vote for Governor,
shall cast their ballots either for "Ratification" or
"No Ratification."
The election shall be conducted in the same manner as general
elections and the returns shall be made to the Governor.
If a majority of the votes cast, shall be for "Ratification" the
Governor shall by proclamation declare the constitution adopted
by the people.
But if for "No Ratification," that fact shall be proclaimed by the
Governor, and this constitution shall have no effect whatever.
Mr. Tidwell offered the following ordinance, as a substitute for
the foregoing:
Be it ordained by the people of Georgia in Convention
assembled, and it is hereby ordained by the authority of the
same,
SECTION 1. That the constitution of the State of Georgia, agreed
to and adopted by this Convention, on day of March, 1861, in lieu
of the present constitution of this State, be submitted to the legal
voters of the State, for their approval or rejection, and upon their
ratification of said constitution, the same shall become the
constitution of this State in lieu of the present constitution.
SEC. 2. That on the vote approving or rejecting said constitution,
those voting, shall endorse on their tickets, "Ratification"
or "No Ratification."
And be it further ordained, That if any part or parts of said
constitution, shall be objectionable to said voters, that they be
allowed to endorse, "No Ratification" to such parts, specifying
such sections as they may refuse to ratify, on their tickets.
And in the event that any one or more sections of said
constitution should be rejected by a majority of the votes cast, said
section or sections, shall not become a part of said constitution,
but the remainder of said constitution not rejected by a majority of
the votes as aforesaid, shall be considered as ratified, and become a
part of the constitution of this State, and in lieu of the present
constitution, so far as the same may extend.
SEC. 3. That an election be held on the first Wednesday
in July next, at the several places of holding elections in
this State, for members to the General Assembly, and that
said election be held and managed in the same way and
manner that elections are held by the laws now in force for
members to the General Assembly. And that all persons
entitled to vote for such members, be and they are hereby
entitled to vote in said election for the ratification or rejection
of said constitution, as provided for by this ordinance,
with this additional privilege, that each citizen who would
be entitled to vote in the county of his residence, may vote
in any county in the State.
SEC. 4. The returns of said election shall be consolidated, sealed
up, and forwarded to the Executive Department at Milledgeville,
when the said returns from the respective counties shall be opened
and consolidated, and his Excellency the Governor of this State, is
hereby authorized and required to issue, and have published, his
proclamation, announcing the ratification or rejection of said
constitution, or such parts thereof as may be ratified or rejected
according to this ordinance.
SEC. 5. That said constitution or such parts thereof as shall be
ratified by the votes of the people, held under this ordinance, shall
take effect and be of force from and after the tenth day of August,
1861.
Mr. Bell, of Forsyth, moved the indefinite postponement of the
foregoing substitute.
Mr. Hull offered the following as an amendment, and substitute
for both the original and substitute:
Resolved, That the action of this Convention altering the
constitution, shall be submitted to a vote of the people on the first
Tuesday in July next, in the following manner:
If a majority shall vote to ratify the reduction of the Senate, the
Governor shall make proclamation for the conduct of the voters at
the election in October next.
If a majority shall vote to ratify the constitution, the
Governor shall make proclamation thereof, declaring it to be the
Supreme Law.
Elections in the premises and the returns made in the usual
manner.
Mr. Chastain called for the "previous question," which being
seconded and sustained, the main question, to-wit, the adoption
of the original section was put, and decided in the affirmative.
Mr. Cobb then moved the adoption of the fifth article as
amended.
The motion prevailed.
Mr. Cobb, from the Committee on the Constitution and Laws to
whom was recommmitted the 21st section of the Bill of Rights,
reported the following amendment, to come in after the word
"granted," "and the right to carry water over land for the purpose of
mining or draining."
The report was taken up and adopted.
Mr. Cobb, from the same commtttee, to whom was recommitted
the sixth clause of the first section, of the second
article of the constitution, reported the following amendment; to
insert after the word "felony," the words "involving
any species of the crimen falsi."
The report was taken up, and adopted.
Mr. Cobb moved to amend the fifth clause of section second, of
the third article of the constitution, by adding the words "during
the same session or the recess thereafter."
Resolved, That one thousand copies of the constitution as
amended, be printed for the use of the members of the Convention.
The Convention then adjourned till ten o'clock to-morrow
morning.
SATURDAY, MARCH 23, 1861.
The Convention met in secret session, when the journal of
yesterday was read.
Mr. Johnson, of Hall, moved to reconsider so much of the
journal of yesterday as relates to the adoption of the fourth clause
of the sixth section of the second article of the Constitution, as
amended.
The motion to reconsider did not prevail.
Mr. Fouche moved to reconsider so much of the journal of
yesterday as relates to the action of the Convention in striking out
the 5th clause of the 6th section of the 2nd article of the
Constitution.
The motion to reconsider did not prevail.
Mr. Chastain moved to reconsider so much of the journal of
yesterday as relates to the rejection of his motion to strike out the
third clause of the first section of the fourth article of the
Constitution.
The motion to reconsider did not prevail.
Mr. Tidwell moved to reconsider so much of the journal of
yesterday as relates to the rejection of his substitute for Mr. Cobb's
additional section to the fifth article of the Conssitution.
The motion to reconsider did not prevail.
On motion of Mr. Cobb, the Constitution, as amended, was then
adopted as a whole, and was so proclaimed by the President.
Mr. Cobb offered the following resolution, which was taken up,
read, and agreed to:
Resolved, That ten thousand copies of the Constitution of the
Confederate States, and of the State of Georgia, as
adopted by this Convention, shall be printed and distributed to
the several members of this Convention, for the purpose of general
distribution.
Mr. Hawkins, from the Committee to organize the State
into ten Congressional Districts, made the following report:
The Committee to whom was referred the organization
of ten Congressional Districts for the State of Georgia, report the following:
AN ORDINANCE
The people of Georgia in Convention assembled do hereby
declare and ordain,
That the Congressional Districts of this State shall be arranged
by counties as follows:
The First District shall be composed of the following counties:--Appling,
Bryan, Bulloch, Chatham, Camden, Charlton, Clinch,
Coffee, Effingham, Emanuel, Glynn, Liberty, McIntosh,
Montgomery, Pierce, Scriven, Telfair, Tatnall, Ware, and Wayne.
The Second District shall be composed of the counties of Baker,
Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly, Decatur,
Dougherty, Early, Echols, Irwin, Lee, Lowndes, Mitchell, Miller,
Randolph, Terrell, Thomas, Wilcox, and Worth.
The Third District shall be composed of the counties of
Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman,
Stewart, Sumter, Schley, Taylor, Talbot, and Webster.
The Fourth District shall be composed of the counties of
Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens, Putnam,
Pulaski, Twiggs, and Wilkinson.
The Fifth District shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
The Sixth District shall be composed of the counties of Clark,
Elbert, Franklin, Greene, Hart, Madison, Morgan, Newton,
Oglethorpe, Taliaferro, and Walton.
The Seventh District shall be composed of the counties of
Butts, Clayton, Fayette, Henry, Meriwether, Monroe, Pike,
Spalding, Troup, and Upson.
The Eighth District shall be composed of the counties of
Campbell, Carroll, Coweta, Cobb, DeKalb, Fulton, Haralson, Heard,
Paulding, and Polk.
The Ninth District shall be composed of the counties of Banks,
Cherokee, Dawson, Forsyth, Gwinnett, Habersham, Jackson, Hall,
Lumpkin, Milton, Pickens, Rabun, Towns, Union, and White.
The Tenth District shall be composed of the counties of Cass,
Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon, Gilmer, Murray,
Walker, and Whitfield.
Be it further ordained, That the first election for members to
Congress shall be had under and by virtue of this ordinance, and
thereafter said districts to be regulated by the Legislature,
whenever the Congress of the Confederate States shall alter the
apportionment of representation.
Mr. Cobb offered the following amendment: That the county of
Jackson be transferred from the ninth to the sixth Congressional
District.
The amendment was received.
Mr. Hawkins called for the previous question, to-wit: the
adoption of the ordinance as amended, which being seconded and
sustained, the same was read twice and passed.
Mr. Varnadoe offered the following resolution, which was taken
up and read:
Resolved, That the thanks of this Convention are due and are
hereby tendered to the clergy, resident in this city, for their prompt
and cheerful acceptance of the invitation
of its committee to officiate in the opening exercises of the
Convention, and their acceptable performance of the service.
Mr. Martin, of Lumpkin, offered the following amendment:
Resolved further, That the thanks of this Convention are
due and are hereby tendered to the President of the Georgia
Railroad Company for the kind and courteous tender of tickets to
members of this Convention on their return home. And that the the
Secretary transmit a copy of this resolution to the President of said
road.
The amendment was received, and the resolution, as amended,
was unanimously adopted.
Mr. Varnadoe laid on the table the following resolutions:
Resolved 1st. That the volunteer soldiers from the city of
Savannah have exhibited their patriotism in the prompt,
patient, and efficient manner in which they have discharged their
duty in garrisoning Fort Pulaski, and deserve the gratitude of their
fellow citizens.
Resolved, 2d, That the Governor be requested and empowered to
draw from the funds of the State a sufficient sum to pay to each of
such soldiers as much, at least, as will equal the pay of regulars, and
place this sum in the hands of Col. A. R. Lawton, for payment to
those who have served under him in holding Fort Pulaski.
Mr. Bartow, from the Committee on Military Affairs, reported
the following ordinance, which was taken up, read twice, and
adopted:
AN ORDINANCE
To define the number of men who shall compose a company
in the two regular regiments of infantry.
Be it ordained by the people of the State of Georgia, in
Convention assembled,
That the number of men who shall compose a company
of infantry in the said regular regiments of infantry, authorized
to be raised by an ordinance of this Convention,
shall be the same as is provided for the volunteer force authorized
to be raised by the General Assembly of this State by an act "to
provide for the public defence, and for other purposes."
From the same committee, Mr. Bartow reported the following
resolutions, which were taken up, read, and adopted:
Resolved by the people of Georgia in Convention assembled,
That the Governor of this State is hereby authorized to tender to
the government of the Confederate States of America, under the
provisions of an act of Congress "to raise provisional forces for
the Confederate States of America and for other purposes," the
regular forces of this State provided for by an ordinance of this
Convention.
Resolved further, That the President of the Confederate States
be requested to receive into the service under the act aforesaid, all
the men now enlisted, with the officers necessary to command
them, by companies or battallions, and the remainder of the force
as they may be recruited with their officers, until each of the two
regiments now being recruited is completed, when the whole force,
with their officers, shall form as regiments a part of the said
provisional army for the term of the enlistment for the war.
Resolved further, That the Governor be authorized to continue the
recruiting service by the officers not required for the command of
the troops transferred, until the regiments are completed, provided
that a longer time than four months from this date be not allowed
for this purpose, and provided further that the Governor be
authorized to disband the said regiments, if not transferred to the
government of the Confederate States.
Mr. Clark, from the special committee to whom was referred the
subject of printing and distributing the journals of this body, and
the compensation which should be allowed its Secretary and
assistant, makes the following
REPORT:
The Committee have examined the journal and the record of the
same, so far as both have progressed, and find that the journal,
together with the numerous documents
which the Convention has ordered published as an appendix
thereto, will make a journal of some four hundred
pages. This journal, on account of the important matter which it
contains, should be printed and bound in a neat
and substantial manner, and well distributed throughout
the State.
The committee further report that the recording of the journal
has begun in a well bound, neat and substantial book, and has
progressed as far as the journal of the proceedings of the last day's
session at Milledgeville, which has been done in the recess by the
Secretaries, without the employment of a clerk. The record of our
first session will extend over about one hundred and ten pages,
closely written of said Record Book. Such recording has been well
and, so far as we have been able to examine, correctly done.
The committee further report that they have considered the
compensation which should be allowed the officers of this
Convention, and have ascertained--
First, That the Secretary and one assistant have discharged all
the duties of the office, without the employment of aid, except in two
instances. By order of the President, the enrolling of several of the
ordinances were procured to be enrolled. By special order of the
Convention a clerk was employed for thirteen days.
Second, If the Convention adjourns on Saturday, it will have
been in actual session thirty days, being three-fourths as long as
the constitutional term of a session of the General Assembly.
Third, That there was twenty-six days in the recess, during
which time the Secretary and his assistant were employed in
recording the journals and in performing other duties connected
with their office.
Fourth, That for completing the journals and the record of the
same, for bringing up all other unfinished business, and for
supervising the printing, publication and distribution of the printed
journal, it will require forty-five days.
Fifth, This will make the time actually employed by the
Secretaries one hundred and two days. We include the time and service
of supervising the printing, because by reason of the great
importance in having the journals accurately
printed and correctly bound, it is necessary that such duty
should devolve upon some person, and no one can do
it so well as the Secretaries, who have drafted and recorded the
original manuscript.
Sixth, That this committee have made inquiry, and have ascertained
that the Secretary's office of the last Senate which
was in session forty-three days, cost the State about
eight thousand dollars, which is not alluded to, to
condemn the expenditure, for we know that that
office is now discharged with a regard to economy
which hitherto did not obtain. The greatest
portion of this expenditure was for necessary clerk
hire, but the Secretaries of this Convention have
employed no clerks, and have chosen to work the
harder themselves, therefore have rendered a
large amount of what precedent would justify us
in denominating, extra work. We take pleasure in
saying, that in adopting this method, they have
originated a system of economy in the office of
Secretary, which as a precedent, may be the
means of saving to the State many dollars.
This view appears with much more force, when we consider that
this Convention is as large as both departments of the General
Assembly, and to a great extent embraces the amount of service
discharged by the Secretary of the Senate, and the Clerk of the
House.
We therefore, in consideration of the two subjects submitted
to our consideration, propose the following resolutions:
1st. Resolved, That five thousand copies of the journals of this
Convention, be printed and bound as was the journals of the late
South Carolina Convention, under the supervision of the Secretary
of this Convention, except twenty-five copies thereof, which shall be
bound in sheep, and be deposited in the State Library, the others
shall be distributed to the different counties under the same
authority and in the same manner, as the journals of the General
Assembly.
2d. Resolved, That the Secretary and his assistant, shall
receive each fifteen hundred dollars, which is to cover the expense
of any clerk they may deem necessary to employ, in bringing up
and completing the unfinished business.
3d, Resolved, That J. M. Patton have ninety-one dollars for
thirteen days employment as a clerk of this Convention,
and H. J. G. Williams, fifty dollars for enrolling certain ordinances.
The report was taken up and read.
Mr. Tidwell laid on the table the following amendment, "and that
the Secretaries of this Convention be permitted to publish, and
have the exclusive right to do so, any extra
copies of the journal they may see proper, at their own expense,
for sale."
Mr. Alexander, of Upson, offered the following amendment,
which was received.
Resolved, That the compensation of the President of this body
shall be ten dollars per diem, and mileage.
Mr. Briscoe offered the following amendment, which was,
received:
Resolved, That the pay of the Assistant Door Keeper, be the
same, per diem, during the time he has served, as that of the
Messenger or Door Keeper.
Mr. Clarke offered the following amendment, which was received:
"Each member of this Convention shall have one copy of said
journal to be sent to him by the State Librarian by mail, by mail."
The report as amended, was adopted.
Mr. Saffold, from the Committee on Military Affairs, reported the
following resolution:
Resolved, That the thanks of the people of Georgia, are hereby
tendered to the various officers and their respective commands,
who, in the hour of anticipated danger and invasion, promptly
placed themselves under the command of the Governor, for the
purpose of protecting and defending the honor and interest of the
State.
The report was taken up, read, and unanimously adopted.
Mr. Alexander, of Fulton, laid on the table the following
resolution:
Resolved, That the sum of dollars be allowed the Treasurer of the
State of Georgia, for the extra duties which he has discharged at
Milledgeville and Savannah, consequent upon the payments made,
and to be made by him to this Convention, its officers, printers, and others.
The resolution was taken up and read, when Mr. Johnson, of
Clayton, moved to fill the blank with $500.
The motion was lost.
Mr. Alexander, of Fulton, moved to fill up the blank with $300.
The motion was lost.
He then moved to insert $200, which motion prevailed, and the
resolution as amended was adopted.
Mr. Cobb, from the Committee on the Constitution and Laws of
the State, and Constitution of the United States, made the
following
REPORT:
The Committee on the Constitution and Laws of the State, and
the Constitution of the United States, to whom was referred the
resolution inquiring into the propriety of granting to the Governor,
the power to make reprisals &c., report:
That they have had the same under consideration, and
recommend that no action be taken by this Convention.
The report was taken up, read, and adopted.
Mr. Cobb, from the Committee on the Constitution and Laws of
the State, and the Constitution of the United States, reported the
following ordinance:
AN ORDINANCE
To alter and fix the the time of electing the Governor and
Members of the Grand Assembly.
Be it ordained by the people of Georgia in Convention
assembled, and it is hereby ordained by authority of the same,
That
the next election of Governor, and Members of the General
Assembly, shall be held on the first Wednesday in October, 1861;
and that the Governor and Members of the General Assembly, shall
be elected biennially thereafter, on the first Wednesday in October,
until the time shall be altered by law.
The report was taken up, and the ordinance having been
read twice, was adopted.
Mr. Saffold, from the Committee on Military Affairs, reported the
following ordinance.
AN ORDINANCE
To authorize the Governor to pay the officers and men of the
various Volunteer Companies, which have been employed by
him in the military services of the State.
Be it ordained by the people of Georgia in Convention
assembled, That the Governor be and he is hereby authorized and
required to pay the officers and men of the various Volunteer
Companies, which have been employed by him in the military
service of the State, and compensation according to their
respective grades, as is allowed by law, to the officers and privates
in the regular army of the United States.
The report was taken up, and the ordinance having been read
twice, was adopted.
Mr. Cobb offered the following Resolution, which was taken up,
read, and adopted:
Resolved, That a committee of three be appointed to revise and
collate the amendments made to the Constitution of the State.
The President then appointed the following as the committee
under the foregoing Resolution, to-wit:
Mr. Carswell laid on the table the following Resolution, which
was taken up, read, and adopted:
Resolved, That the Treasurer pay the printing and other
contingent expenses of this Convention, when the accounts have
been properly audited and approved by the auditing committee.
Mr. Cobb laid upon the table the following Ordinance, which
was taken up, read twice, and adopted:
AN ORDINANCE
To define the extent of duration of the Ordinances passed
by this Convention.
The People of Georgia, in Convention assembled, do Ordain,
That all Ordinances passed by this Convention shall be subject
to modification or repeal by the General Assembly of this State,
except the following:
1st, The Ordinance of Secession.
2nd, The Ordinance of Ratification of the Constitution of the
Confederate States of America.
3rd, The Ordinances in relation to the Constitution of the State.
4th, All Ordinances and Regulations referring to our relations
with the Confederate States.
5th, All Ordinances which by their own terms can be changed
only by a Convention of the People.
Mr. Cobb laid upon the table the following Resolutions, which
were taken up, read, and adopted:
Resolved, That the delegates of this State to the Convention at
Montgomery be authorized to consent to the continuation of the
Provisional Government until the 22nd day of February, 1862, with
a view to the inauguration of the Permanent Government on that
day.
Resolved, That any vacancy which may occur in the said
delegation by death, resignation, or otherwise, may be filled by the
appointment of the remaining delegates.
The Resolution of Mr. Roddey relative to the suspension of
specie payments by the Banks, and the payment of
duties on imports, &c., was then taken up, and, on motion of Mr.
Fouche, was laid on the table.
Mr. Bartow's Resolution relative to Officers of the Navy on the
retired list, was taken up and read.
Mr. Bartow moved to amend the same by striking out the word
"retired," and inserting the word "reserved."
The motion prevailed, and the Resolution as amended was
adopted.
On motion, the rule was suspended, when Mr. Williamson
offered the following Resolution:
Resolved, That this Convention tenders its thanks to the Hon.
George W. Crawford, its distinguished and patriotic President, for
the kind, able, and dignified manner in which
he presided over the deliberations of this body.
The Resolution was taken up, read, and unanimously adopted.
H. P. Bell, Esq., the Commissioner on the part of Georgia to
Tennessee, laid on the table a communication, which was ordered
to be printed in the appendix to the Journal of this Convention.
Mr. Clarke's Ordinance to modify the Act of the General
Assembly of 1859, relative to Bank suspensions, was taken up and
read, when he laid upon the table the following amendments:
1st, To add to the first section the following words:
"and that he has not procured specie, either by himself, or
otherwise exchanged bills, nor resorted to any other means to give
any Bank or Banks an advantage over another."
2nd, "The Banks of Augusta must furnish the specie in
redemption of their respective bills, for dues to the customs, by
persons resident of that city, or doing business therein."
Mr. Spencer moved to postpone indefinitely the consideration
of said Ordinance, pending which motion the Convention took a
recess till 4 o'clock, P. M.
Mr. Fort, from the committee on Enrollment, made the following
REPORT:
Whereas, The special committee on pay to the several
officers of this Convention has recommended the sum of fifty
dollars only to Maj. A. J. G. Williams, for services as
Enrolling Clerk; and whereas, said sum is much below the services
rendered. We, the Enrolling committee, recommend that Maj.
Williams receive one hundred and fifty
dollars in addition to the amount already voted to him.
On motion of Mr. Hull, the Convention then adjourned till half-past
seven o'clock, P. M.
7 1/2 O'CLOCK, P. M.
The Convention met pursuant to adjournment.
Mr. Glenn of Fulton laid upon the table the following Resolution:
Resolved, That the injunction of secrecy be removed from all the
proceedings of this Convention.
The Resolution was taken up, read, and adopted.
Mr. Thomas of Whitfield, offered the following Resolution,
which was taken up, read, and adopted:
Resolved, That the thanks of this Convention be, and they are
hereby tendered to the committee on the Constitution and Laws of
the State, and the Constitution of the United States, for the untiring
zeal and signal ability displayed, in their Reports to this
Convention, and especially in their Report on the Revision of the
Constitution of the State.
Mr. Cobb, from the commitee to revise and collate the
amendments made to the Constitution, reported that the committee
had discharged that duty, and submitted the the following, as the
Constitution of the State, to be submitted to the people for
ratification:
1. The fundamental principles of Free Government cannot be
too well understood, nor too often recurred to.
2. God has ordained that men shall live under government; but
as the forms and administration of civil government are in human,
and therefore, fallible hands, they may be altered, or modified
whenever the safety or happiness of the governed requires it. No
government should be changed for light or transient causes; nor
unless upon reasonable assurance that a better will be established.
3. Protection to person and property is the duty of Government;
and a Government which knowingly and persistently denies, or
withholds from the governed such protection, when within its
power, releases them from the obligation of obedience.
4. No citizen shall be deprived of life, liberty or property, except
by due process of law; and of life or liberty, only by the judgment
of his peers.
5. The writ of "Habeas Corpus" shall not be suspended, unless
in case of rebellion or invasion, the public safety way require it.
6. The right of the people to keep and bear arms shall not be
infringed.
7. No religious test shall be required for the tenure of any office;
and no religion shall be established by law; and no citizen shall be
deprived of any right or privilege by reason of his religious belief.
8. Freedom of thought and opinion, freedom of speech, and
freedom of the press, are inherent elements of political
liberty. But while every citizen may freely speak, write and
print, on any subject, he shall be responsible for the abuse of the
liberty.
9. The right of the people to appeal to the courts; to petition
Government on all matters of legitimate cognizance; and peaceably
to assemble for the consideration of any matter of public concern--shall
never be impaired.
10. For every right, there should be provided a remedy; and
every citizen ought to obtain justice without purchase, without
denial, and without delay--conformably to the laws of the land.
11. Every person charged with an offence against the laws of the
State shall have the privilege and benefit of counsel:
Shall be furnished, on demand, with a copy of the accusation,
and with a list of the witnesses against him:
Shall have compulsory process to obtain the attendance of his
own witnesses:
Shall be confronted with the witnesses testifying against him; and
Shall have a public and speedy trial by an impartial jury.
12. No person shall be put in jeopardy of life or liberty more
than once for the same offence.
13. No conviction shall work corruption of blood, or
general forfeiture of estate.
14. Excessive bail shall not be required; nor excessive fines
imposed; nor cruel and unusual punishments inflicted.
15. The power of the courts to punish for contempt shall be
limited by Legislative Acts.
16. A faithful execution of the laws is essential to good order;
and good order in society is essential to liberty.
17. Legislative Acts in violation of the fundamental law are
void; and the Judiciary shall so declare them.
18. Ex post facto laws, and laws impairing the obligation of
contracts, and retro-active legislation injuriously affecting the right
of the citizen, are prohibited.
19. Laws should have a general operation; and no general law shall
be varied in a particular case by special Legislation; except with consent
of all persons to be affected thereby.
20. The right of taxation can be granted only by the people;
and shall be exercised only to raise revenue for the support of Government, to pay
the public debt; to provide for the common defence, and for such other purposes
as are specified in the grant of powers.
21. In cases of necessity, private ways may be granted upon just
compensation being first paid; and with this exception, private
property shall not be taken except for public use; and then, only upon
just compensation; such compensation except in cases of pressing
necessity, to be first provided and paid.
22. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures,
shall not be violated; and no warrant shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing
the place or places to be searched, and the persons and things to
be seized.
23. Martial law shall not be declared, except in cases of extreme
necessity.
24. Large standing armies, in time of peace, are dangerous to liberty.
25. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner; nor in time of war, but in a
manner prescribed by law.
26. The person of a debtor shall not be detained in prison after
delivering bona fide all his estate for the use of his creditors.
27. The enumeration of rights herein contained shall not be
construed to deny to the people any inherent rights which they
have hitherto enjoyed.
28. This declaration is a part of this Constitution, and shall
never be violated on any pretence whatever.
ARTICLE II.
SECTION 1.
The Legislative, Executive and Judicial departments, shall be
distinct; and each department shall be confided to
a separate body of magistracy. No person or collection of
persons, being of one department shall exercise any power
properly attached to either of the others; except in cases herein
expressly provided.
2. The Legislative power shall be vested in a General Assembly,
which shall consist of a Senate and House of Representatives.
3. The meeting of the General Assembly shall be annual, and on
the first Wednesday in November, until such day of meeting shall
be altered by law. A majority of each House shall constitute a
quorum to transact business; but a smaller number may adjourn
from day to day, and compel the attendance of their members in
such manner as each House shall prescribe. No session of the
General Assembly shall continue for more than forty days, unless
the same shall be done by a vote of two-thirds of each branch
thereof.
4. The compensation of the members and officers of the General
Assembly shall be fixed by law, at the first session, subsequent to
the adoption of this Constitution: and the same shall not be
increased so as to affect the compensation of the members or officers
of the Assembly by which the increase is adopted.
5. No person holding any military commission or other
appointment, having any emolument or compensation annexed
thereto, under this State or the Confederate States, or either of
them, (except Justices of the Inferior Court, Justices of the Peace
and officers of the militia), nor any defaulter for public money, or for
legal taxes required of him, shall have a seat in either branch of the
General Assembly; nor shall any Senator or Representative, after
his qualification as such, be elected to any office or appointment by
the General Assembly having any emoluments or compensation
annexed thereto, during the time for which he shall have been
elected.
6. No person convicted of any felony before any Court of this
State, or of the Confederate States, shall be eligible to any office
or appointment of honor, profit or trust, within this State.
7. No person who is a collector or holder of public money, shall
be eligible to any office in this State, until the same is accounted
for and paid into the Treasury.
1. The Senate shall consist of forty-four members, one to
be chosen from each senatorial district, which district shall
be composed of three contiguous counties. If a new county
is established, it shall be added to a district which it adjoins
until there shall be another arrangement of the senatorial
districts. The senatorial districts shall not be changed
except when a new census shall have been taken.
2. No person shall be a Senator who shall not have attained to
the age of twenty-five years, and be a citizen of the Confederate
States, and have been for three years an inhabitant of this State,
and for one year a resident of the district from which he is chosen.
3. The presiding officer shall be styled the President of the
Senate, and shall be elected viva voce from their own body.
4. The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be on oath
or affirmation; and no person shall be convicted without the
concurrence of two-thirds of the members present. Judgment, in
cases of impeachment, shall not extend further than removal from
office and disqualification to hold and enjoy any office of honor,
profit or trust within this State; but the party convicted shall,
nevertheless, be liable and subject to indictment, trial, judgment
and punishment according to law.
SECTION 3.
1. The House of Representatives shall be composed as follows:
The thirty-seven counties having the largest representative
population shall have two Representatives each.
Every other county shall have one Representative. The designation
of the counties having two Representatives shall
be made by the General Assembly immediately after the
taking of each census.
2. No person shall be a Representative who shall not have
attained to the age of twenty-one years, and be a citizen of the
Confederate States, and have been for three years an inhabitant of
this State, and for one year a resident of the county which he represents
3. The presiding officer of the House of Representatives shall be
styled the Speaker, and shall be elected viva voce from their own
body.
4. They shall have the sole power to impeach all persons who
have been or may be in office.
5. All bills for raising revenue, or appropriating money, shall
originate in the House of Representatives; but the Senate may
propose or concur in amendments, as in other bills.
SECTION 4.
1. Each House shall be the judge of the election, returns, and
qualifications of its own members; and shall have power to punish
them for disorderly behavior or mis-conduct, by censure, fine,
imprisonment or expulsion; but no member shall be expelled except
by a vote of two-thirds of the House from which he is expelled.
2. Each House may punish, by imprisonment not extending
beyond the session, any person not a member, who shall be guilty
of a contempt, by any disorderly behavior in its presence; or who,
during the session, shall threaten injury to the person or estate of
any member, for anything said or done in either House; or who
shall assault any member therefor; or who shall assault or arrest
any witness going to or returning therefrom; or who shall rescue,
or attempt to rescue, any person arrested by order of either House.
3. The members of both Houses shall be free from arrest, during
their attendance on the General Assembly, and in going
to and returning therefrom, except for treason, felony, or breach
of the peace. And no member shall be liable to answer, in any other
place, for anything spoken in debate in either House.
4. Each House shall keep a journal of its proceedings, and
publish them immediately after its adjournment. The yeas and nays
of the members on any question, shall, at the desire of one-fifth of
the members present, be entered on the journals. The original
journals shall be preserved (after publication) in the office of the
Secretary of State; but there shall be no other record thereof.
5. Every bill, before it shall pass, shall be read three times
and on three separate and distinct days in each House, unless in
cases of actual invasion or insurrection. Nor shall any law or
ordinance pass which refers to more than one subject matter, or
contains matter different from what is expressed in the title
thereof.
6. All Acts shall be signed by the President of the Senate and
the Speaker of the House of Representatives; and no bill,
ordinance, or resolution intended to have the effect of law, which
shall have been rejected by either House, shall be again proposed
under the same or any other title, without
the consent of two-thirds of the House by which the same was rejected.
7. Neither House shall adjourn for more than three days, nor to
any other place, without the consent of the other;
and in case of disagreement between the two Houses, on a
question of adjournment, the Governor may adjourn them.
8. Every Senator and Representative, before taking his seat,
shall take an oath or affirmation to support the Constitution
of the Confederate States and of this State; and also, that he
hath not practiced any unlawful means, either directly
or indirectly, to procure his election. And every person
convicted of having given or offered a bribe, shall be disqualified
from serving as a member of either House for the term for which he
was elected.
9. Whenever this Constitution requires an Act to be passed by
two-thirds of both Houses, the yeas and nays on the
passage thereof shall be entered on the journals of each.
SECTION 5.
1. The General Assembly shall have power to make all laws and
ordinances, consistent with this Constitution and not repugnant to
the Constitution of the Confederate States, which they shall deem
necessary and proper for the welfare of the State.
2. They may alter the boundaries of counties, and lay off and
establish new counties; but every bill to establish a new county
shall be passed by at least two-thirds of the members present, in
each branch of the General Assembly.
3. They shall provide for the taking of a census or enumeration
of the people of this State, at regular decades of years,
commencing at such times as they may prescribe.
4. The General Assembly shall have power to appropriate
money for the promotion of learning and science, and to provide for
the education of the people.
5. The General Assembly shall have power by a vote of two-thirds
of each branch, to grant pardons in cases of final conviction
for treason, and to pardon or commute in cases of final conviction
for murder.
SECTION 6.
1. The General Assembly shall have no power to grant corporate
powers and privileges to private companies, except to banking,
insurance, railroad, canal, plank road, navigation, mining, express,
lumber, and telegraph companies; nor to make or change election
precincts; nor to establish bridges and ferries; nor to change
names, or legitimate children; but shall by law prescribe the manner
in which such power shall be exercised by the Courts. But no bank
charter shall be granted or extended, and no Act passed authorizing
the suspension of specie payment by any chartered bank, except
by a vote of two-thirds of each branch of the General Assembly.
2. No money shall be drawn from the Treasury of this State,
except by appropriation made by law; and a regular statement and
account of the receipt and expenditure of all public money shall be
published from time to time.
3. No vote, resolution, law or order shall pass, granting a
donation or gratuity in favor of any person, except by the
concurrence of two-thirds of the General Assembly.
4. No law, shall be passed by which a citizen shall be compelled,
directly or indirectly, to become a stockholder in, or contribute to a
rail road or other work of internal improvement, without his consent;
except the inhabitants of a corporate town or city. This provision
shall not be construed to deny the power of taxation for the
purpose of making levees or dams to prevent the overflow of rivers.
1. The importation or introduction of negroes from any foreign
country, other than the slave-holding States or
Territories of the United States of America, is forever prohibited.
2. The General Assembly may prohibit the introduction of
negroes from any State; but they shall have no power to prevent
immigrants from bringing their slaves with them.
3. The General Assembly shall have no power to pass laws for
the emancipation of slaves.
4. Any person who shall maliciously kill or maim a slave, shall
suffer such punishment as would be inflicted in case the like
offence had been committed on a free white person.
ARTICLE III.
SECTION 1.
1. The executive power shall be vested in a Governor, who
shall hold his office during the term of two years, and until such
time as a successor shall be chosen and qualified. He shall have a
competent salary fixed by law, which shall not be increased or
diminished during the period for which he shall have been elected;
neither shall he receive, within that period, any other emolument
from the Confederate States, or either of them, or from any foreign
power.
2. The Governor shall be elected by the persons qualified to vote
for members of the General Assembly, on the
first Wednesday in October, in the year of our Lord 1861;
and on the first Wednesday in October in every second year
thereafter, until such time be altered by law; which election shall be
held at the places of holding general elections, in the several
counties of this State, in the manner prescribed for the election of
members of the General Assembly. The returns for every election
of Governor shall be sealed up by the managers, separately from other
returns, and directed to the President of the Senate and Speaker of
the House of Representatives; and transmitted to the Governor, or the
person exercising the duties of
Governor for the time being; who shall, without opening
the said returns, cause the same to be laid before the Senate,
on the day after the two houses shall have been organized;
and they shall be transmitted by the Senate to
the House of Representatives. The members of each
branch of the General Assembly shall convene in the Representative
chamber, and the President of the Senate, and
the Speaker of the House of Representatives, shall open
and publish the returns in presence of the General Assembly;
and the person having the majority of the whole
number of votes given in, shall be declared duly elected
Governor of this State; but if no person have such majority,
then from the two persons having the highest number of votes,
who shall be in life, and shall not decline an
election at the time appointed the Legislature to elect,
the General Assembly shall immediately elect a Governor
viva voce; and in all cases of election of a Governor by the
General Assembly, a majority of the votes of the members
present shall be necessary for a choice. Contested elections
shall be determined by both Houses of the General
Assembly, in such manner as shall be prescribed by law.
3. No person shall be eligible to the office of Governor who shall
not have been a citizen of the Confederate States twelve years, and
an inhabitant of this State six years, and who hath not attained the
age of thirty years.
4. In case of the death, resignation, or disability of the Governor,
the President of the Senate shall exercise the executive powers of
the government until such disability be removed, or a successor is
elected and qualified. And in case of the death, resignation, or
disability of the President of the Senate, the Speaker of the House
of Representatives shall exercise the executive power of the
government until the removal of the disability or the election and
qualification of a Governor.
5. The Governor shall, before he enters on the duties of his
office, take the following oath or affirmation: "I do solemnly swear
or affirm (as the case may be,) that I will faithfully execute the
office of Governor of the State of Georgia; and will, to the best of my
abilities, preserve, protect and defend the constitution thereof."
1. The Governor shall be Commander-in-Chief of the army and
navy of this State, and of the militia thereof.
2. He shall have power to grant reprieves for offences against
the State, except in cases of impeachment, and to grant pardons, or
to remit any part of a sentence, in all cases after conviction, except
for treason or murder, in which cases he may respite the execution,
and make report thereof to the next General Assembly.
3. He shall issue writs of elections to fill vacancies that happen
in the Senate or House of Representatives, and shall have power
to convene the General Assembly on extraordinary occasions; and
shall give them, from time to time, information of the state of the
republic, and recommend to their consideration such measures as
he may deem necessary and expedient.
4. When any office shall become vacant by death, resignation,
or otherwise, the Governor shall have power to fill such vacancy
unless otherwise provided for by law; and persons so appointed
shall continue in office until a successor is appointed agreeably to
the mode pointed out by this Constitution, or by law in pursuance
thereof.
5. A person once rejected by the Senate shall not be
re-appointed by the Governor to the same office during the same
session or the recess thereafter.
6. The Governor shall have the revision of all bills passed
by both Houses, before the same shall become laws, but
two-thirds of each House may pass a law notwithstanding
his dissent; and if any bill should not be returned by the
Governor within five days (Sundays excepted) after it has
been presented to him, the same shall be a law, unless the
General Assembly, by their adjournment, shall prevent its
return. He may approve any appropriation and disapprove
any other appropriation in the same bill, and the latter
shall not be effectual unless passed by two-thirds of
each House.
7. Every vote, resolution, or order, to which the concurrence of
both Houses may be necessary, except on a question of election or
adjournment, shall be presented to the Governor; and before it shall
take effect, be approved by him, or being disapproved, shall be re-passed
by two-thirds of
each House, according to the rules and limitations prescribed in
case of a bill.
8. There shall be a Secretary of State, a Comptroller General,
a Treasurer, and Surveyor-General, elected by the General
Assembly, and they shall hold their offices for the like period as
the Governor, and shall have a competent salary, which shall not
be increased or diminished during the period for which they shall
have been elected. The General Assembly may at any time
consolidate any two of these offices, and require all the duties to
be discharged by one officer.
9. The great seal of the State shall be deposited in the office of the
Secretary of State, and shall not be affixed to any instrument of
writing, but by order of the Governor or General Assembly; and the
General Assembly shall, at their first session, after the rising of this
convention, by law cause the great seal to be altered.
10. The Governor shall have power to appoint his own
Secretaries, not exceeding two in number.
ARTICLE IV.
SECTION 1.
1. The Judicial powers of this State shall be vested in a Supreme
Court for the correction of errors, a Superior, Inferior, Ordinary and
Justices' Courts, and in such other courts as have been or may be
established by law.
2. The Supreme Court shall consist of three Judges, who shall be
appointed by the Governor with the advice and consent of two-thirds
of the Senate, for such term of years as shall be prescribed by
law, and shall continue in office until their successors shall
be appointed and qualified, removable by the Governor on the
address of two-thirds of each branch of the General Assembly, or
by impeachment and conviction thereon.
3. The said Court shall have no original jurisdiction, but shall be
a court alone for the trial and correction of errors in law and equity
from the Superior Courts of the several circuits, and shall sit at
least once a year, at a time prescribed by law, in each of one or
more judicial districts, designated by the General Assembly for that
purpose, at
such point in each district as shall by the General Assembly be
ordained, for the trial and determination of writs of error from the
several Superior Courts included in such judicial districts.
4. The said Court shall dispose of and finally determine every
case on the docket of such Court at the first or second term after
such writ of error brought; and in case the plaintiff in error shall not
be prepared at the first term of such Court after error brought, to
prosecute the case, unless precluded by some providential cause
from such prosecution, it shall be stricken from the docket, and the
judgment below shall stand affirmed.
SECTION 2.
1. The Judges of the Superior Courts shall be appointed in the
same manner as Judges of the Supreme Court from the circuits in
which they are to serve, for the term of four
years, and shall continue in office until their successors shall
be appointed and qualified, removable by the Governor on
the address of two-thirds of each branch of the General
Assembly, or by impeachment and conviction thereon.
2. The Superior Court shall have exclusive jurisdiction in all
cases of divorce, both total and partial; but no total divorce shall
be granted, except on the concurrent verdicts of two special juries.
In each divorce case, the Court shall regulate the rights and
disabilities of the parties.
3. The Superior Court shall also have exclusive jurisdiction in all
criminal cases, except as relates to people of color, fines for neglect
of duty, contempts of Court; violations of road laws, and
obstructions of water courses, jurisdiction of which shall be vested
in such judicature or tribunal as shall be or may have been pointed
out by law; and except in all other minor offences committed by free
white persons, and which do not subject the offender or offenders
to loss of life, limb or member, or to confinement in the penitentiary;
in all such cases, Corporation Courts, such as now exist, or may
hereafter be constituted, in any incorporated city, or town, may be
vested with jurisdiction, under such rules and regulations as the
Legislature may hereafter by law direct.
4. All criminal cases shall be tried in the county where
the crime was committed, except in cases where a jury cannot be
obtained.
5. The Superior Court shall have exclusive jurisdiction in all
cases respecting titles to land, which shall be tried in the county
where the land lies. And also in all equity causes which shall be
tried in the county where one or more of the defendants reside,
against whom substantial relief is prayed.
6. It shall have appellate jurisdiction in all such cases as may
be provided by law.
7. It shall have power to correct errors in inferior judicatories by
writ of certiorari, and to grant new trials in the Superior Court on
proper and legal grounds.
8. It shall have power to issue writs of mandamus, prohibition,
scire facias, and all other writs which may be necessary for
carrying its powers fully into effect.
9. The Superior and Inferior Courts shall have concurrent
jurisdiction in all other civil causes; which shall be
tried in the county where the defendant resides.
10. In cases of joint obligors, or joint promissors or copartners,
or joint trespassers residing in different counties, the suit may be
brought in either county.
11. In case of a maker and indorser or indorsers of promissory
notes residing in different counties in this State, the same may be
sued in the county where the maker resides.
12. The Superior and Inferior Courts shall sit in each county
twice in every year, at such stated times as have been or may be
appointed by the General Assembly.
SECTION 3.
1. The judges shall have salaries adequate to their services fixed
by law, which shall not be diminished during their continuance in
office; but shall not receive any other perquisites or emoluments
whatever, from parties or others, on account of any duty required
of them.
2. There shall be a State's Attorney and Solicitors appointed in
the same manner as the Judges of the Supreme Court and
commissioned by the Governor; who shall hold their offices for
the term of four years, or until their successors shall be appointed
and qualified, unless removed by
sentence on impeachment, or by the Governor, on the address
of two-thirds of each branch of the General Assembly. They shall
have salaries adequate to their services fixed by law, which shall
not be diminished during their continuance in office.
3. The Justices of the Inferior Courts shall be elected in each
county by the persons entitled to vote for members of the General
Assembly.
4. The Justices of the Peace shall be elected in each district
by the persons us entitled to vote for members of the General Assembly.
5. The powers of a Court of Ordinary and of Probate, shall be
vested in an Ordinary for each county, from whose decisions there
may be an appeal to the Superior Court, under regulations
prescribed by law. The ordinary shall be ex officio clerk of said
Court, and may appoint a deputy-clerk. The ordinary, as clerk, or
his deputy, may issue citations and grant temporary letters of
administration, to hold until permanent letters are granted; and said
ordinary, as clerk, or his deputy, may grant marriage licenses. The
ordinaries in and for the respective counties shall be elected, as
other county officers are, on the first Wednesday in January, 1864,
and every fourth year thereafter, and shall be commissioned by the
Governor for the term of four years. In case of any vacancy of
said office of ordinary, from any cause, the same shall be filled by
election, as is provided in relation to other county officers, and
until the same is filled, the clerk of the Superior Court for the time
being shall act as clerk of said Court of Ordinary.
ARTICLE V.
1. The electors of Members of the General Assembly shall be
free white male citizens of this State; and shall have attained the
age of twenty-one years; and have paid all taxes which may have
been required of them, and which they have had an opportunity of
paying, agreeably to law, for the year preceding the election; and
shall have resided six months within the district or county.
2. All elections, by the General Assembly, shall be viva voce
and when the Senate and House of Representatives
unite for the purpose of electing, they shall meet in the
Representative chamber, and the President of the Senate
shall in such cases preside, and declare the person or persons
elected.
3. In all elections by the people, the electors shall vote by ballot,
until the General Assembly shall otherwise direct.
4. All civil officers shall continue in the exercise of the duties of
their several offices, during the periods for which they were
appointed, or until they shall be superseded by appointments made
in conformity with this Constitution; and all laws now in force shall
continue to operate, so far as they are compatible with this
Constitution, until they shall expire, be altered or repealed; and it
shall be the duty of the General Assembly to pass all necessary laws
and regulations for carrying this Constitution into full effect.
5. All militia and county officers shall be elected by the people
in such manner as the General Assembly may by law direct.
6. This Constitution shall be amended only by a Convention of
the people called for that purpose.
7. This Constitution shall not take effect until the same is ratified
by the people. And to this end, there shall be an election held at all
the places of public election in this State, on the first Tuesday in
July, 1861, when all the citizens of this State entitled to vote for
Governor, shall cast their ballots
either for "Ratification" or "No Ratification." The election shall be
conducted in the same manner as general elections, and the returns
shall be made to the Governor. If a majority of the votes cast shall
be for Ratification, the Governor shall by proclamation, declare this
Constitution adopted by the people. But if for No Ratification, that
fact shall be proclaimed by the Governor, and this Constitution
shall have no effect whatever.
Done in Convention of the Delegates of the people of the
State of Georgia, at Savannah, on the 23rd day of March, in
the year of our Lord eighteen hundred and sixty-one.
In testimony whereof the President of said Convention
Resolutions for the transfer of the troops of the State, to the
Government of the Confederate States.
Resolutions relative to continuance of Provisional Government, &c.
All of which were signed by the President and transmitted to
the office of the Secretary of State.
Luther J. Glenn. Esq., the Commissioner on the part of Georgia to
the State of Missouri, briefly addressed the Convention, upon the
subject of his mission to that State, and asked leave to report in
writing, and that said Report be printed in the Appendix to the
Journal of the Convention.
The leave asked for was granted,
Mr. Hood then moved that the Convention do adjourn
sine die.
The motion prevailed.
Whereupon, the President remarked,
that "A man must be insensible
to the social sympathies with which he is surrounded, not to feel
and appreciate the approval by others of his
conduct; secondary only to the consciousness of rectitude, which
usually is less in act than intention. Yielding to this influence, so
congenial with our better nature, I can only offer in return for your
kind expression as to the manner in which my official duties have been
performed, and say in familiar, yet cordial language, that I thank
you. Joining in the general opinion, and referring to my own
observation of other large deliberative bodies, I venture to say, that
I have seen none, which surpasses this Convention in general
decorum and all the amenities of social life. Whatsoever of patriotic
devotion and intellectual strength have been displayed here, may
be safely trusted to the judgments of men of distant times.
Indulge me with a short retrospect of what you have done:
When first assembled, there was less disagreement as to the
burthen of our grievances than to their remedy, and especially as to
the time of its application. Happily, conciliation produced concord.
When our common patroness
spoke, her sons, less from opinion than instinct, forgetful
of the past and mindful of the future, rallied to the rescue. Clasping
each other with a fraternal grasp, they were less intent on sharing
in the glory than participating in a common peril and a common
destiny. Thus may the sons of Georgia ever be!
You have overturned a government which had become sectional
in policy and sectional in hostility. It had lost nationality, and the
first requisite of every government--that of protection of person and
property. True, you have overthrown the Federal Union, but you
have preserved the Federal Constitution. You have retained
ancestral wisdom in the formation of your government, separated
only from those abuses which experience has developed. In short,
you have effected a political reformation.
Like your ancestors, you commenced with a few leading ideas
or principles. They may be epitomized thus: A right, when assailed,
must be either defended or surrendered, and that a similarity of
interest must produce a similarity of action. The alternative of the
first proposition you have chosen. That choice must and will be
vindicated. Of the second you have made an election, which your
experience justifies and all history proves.
In the revision of your State Constitution, you have, in my
judgment, improved it by each alteration made in it. Whatever may
have been heretofore the high standard of your judges, that
standard will be advanced still higher to independence and legal
attainments. Reduction of the members of the Legislature may not
have gone as far as many others have desired; still as a thing, per
se, it cannot be otherwise than acceptable. In all such matters, we must
make concessions.
Nothing remains, after bidding you a cordial adieu, and wishing
to each a safe return to his home, but to declare as I now do, that
this Convention is finally adjourned."
MILLEDGEVILLE, GEO., 16 January, 1861.
Hon. George W. Crawford,
President of the Georgia State Convention:
Sir:--
I have the honor to enclose you herewith my credentials as
Commissioner from the Convention of the people of the State of
South Carolina to the Convention of the people of the State of
Georgia.
In execution of the trust confided to me, I also enclose you a
copy of the ordinance of secession passed by the Convention, on
the 20th of December, 1860.
I am instructed by the Convention of South Carolina to submit to
the Convention of Georgia, "as the basis of a provisional
government for such States as shall have withdrawn from their
connection with the government of the United States of America,
the federal Constitution, provided that the said
provisional government and the tenures of all
officers and appointments arising under it shall cease and determine
in two years from the 1st day of July next, or when a permanent
government shall have been organized."
I am likewise instructed to "invite the seceding States to meet in
convention at such time and place as may be agreed upon for the
purpose of forming and putting in motion
such provisional government, so that it shall be organized and
go into effect at the earliest period previous to the 4th of March,
1861; and that the same convention shall then proceed forthwith to
consider and propose a Constitution and plan for a permanent
government for such States: which proposed plan shall be
referred back to the several State conventions for their adoption or
rejection."
The Convention further suggests that each of the seceding
States "send to the general convention as many deputies as
are equal in number to the number of Senators and Representatives
to which it was entitled in the Congress of the United States."
The Convention of South Carolina have elected eight deputies
to represent them in the general convention, but declined to
indicate either time or place for its meeting.
The State of Alabama having proposed the 4th of February as
the time and the city of Montgomery as the place for the
assembling of the general convention, I feel myself fully authorized
to say that the time and place will be entirely acceptable to the
Convention of South Carolina.
You will please lay
before the Convention this communication
and its enclosures.
I have the honor to
be, sir, very respectfully,
Your obedient servant
JAMES L. ORR,
Com'r from South Carolina.
THE STATE OF SOUTH CAROLINA.
WHEREAS, James L. Orr has been duly elected by a vote of the
Convention of the people of South Carolina to act as a
Commissioner to the Convention of the people of the State of
Georgia, and the said Convention of the people of the State of
South Carolina has ordered the Governor of said State to
commission the said James L. Orr: Now, therefore, I do hereby
commission you, the said James L. Orr, to act as a Commissioner
from the State of South Carolina in Convention assembled, to the
State of Georgia in Convention assembled, to confer upon the
subjects entrusted to your charge.
WITNESS, His Excellency, Francis W. Pickens, Governor and
Commander-in-Chief of the said State, this second day of
January in the year of our Lord one thousand eight
hundred and sixty-one, and the eighty-fifth year of the
sovereignty and independence of the State of South
Carolina.
At a Convention of the People of the State of South Carolina,
begun and holden in Columbia, on the seventeenth day of
December, in the year of our Lord one thousand eight
hundred and sixty, and thence continued by adjournment
to Charleston, and there, by divers adjournments, to the
twentieth day of December in the same year:
AN ORDINANCE.
To dissolve the union between the State of South Carolina
and other States united with her under the compact entitled
"the Constitution of the United States of America."
We, the People of the State of South Carolina in Convention
assembled, do declare and ordain, and it is hereby declared and
ordained,
That the ordinance adopted by us in Convention, on the twenty-third
day of May, in the year of our Lord one thousand seven
hundred and eighty-eight, whereby the Constitution of the
United States of America was ratified, and also, all acts and parts of
acts of the General Assembly of this State, ratifying amendments of
the said Constitution, are hereby repealed; and that the union now
subsisting between South Carolina and other States, under the
name the United States of America, is hereby dissolved.
Done at Charleston, the twentieth day of December, in the year
of our Lord one thousand eight hundred and sixty.
D. F. JAMISON,
President.
Attest:
B. F. ARTHUR, Clerk.
Letter of John Gill Shorter, Commissioner of Alabama, to the
President of the Georgia Convention.]
MILLEDGEVILLE, GEO., January 16, 1861.
Hon. George W. Crawford,
President of the Convention of the State of Georgia:
SIR:--
I have the honor herewith to transmit the certificate of my
appointment as Commissioner from the State of Alabama
Page 308
to the Convention of the State of Georgia, and also a duly
authenticated copy of the ordinance of secession and
accompanying resolutions adopted by the Convention of Alabama,
on the 11th instant; together with a resolution of the Convention
concerning my instructions, in which I am particularly directed to
request of the Convention of the State of Georgia the consideration
of and concurrence in the first resolution adopted by the
Convention of the State of Alabama, inviting the people of Georgia
and of the other Slaveholding States to meet the people of
Alabama, by their deldgates, in convention, on the 4th day of
February, 1861, at the city of Montgomery, in the State of Alabama,
for the purpose of consulting with each other as to the most
effectual mode of securing concerted and harmonious action
in whatever measures may be deemed most desirable for our
common peace and security, it being the desired purpose of the
people of Alabama to meet the Slaveholding States, who may
approve such purpose, in order to frame a provisional as well as a
permanent government upon the principles of the Constitution of
the United States.
I have the honor to be, with high consideration,
Your obedient servant,
JOHN GILL SHORTER.
Commission of John Gill Shorter as State Commissioner from
Alabama.]
EXECUTIVE DEPARTMENT,
Montgomery, Ala. Dec., 21, 1860.
WHEREAS, The election of Abraham Lincoln, a Black
Republican, to the Presidency of the United States, by a purely
sectional vote, and by a party whose leading and
publicly avowed object is the destruction of the institution of
slavery as it exists in the Slaveholding States; and whereas the
success of said party and the power which it now has and soon will
acquire, greatly endanger the peace, interests, security, and honor
of the Slaveholding States, and make it necessary that prompt and
effective measures should be adopted to avoid the evils which must
result from a Republican administration of the Federal Government.
And as the interests and destiny of the Slaveholding States
are the same, they must naturally sympathise with each
other; they, therefore, so far as may be practicable, should consult and
advise together as to what is best to be done to protect their
mutual interests and honor.
Now, therefore, in consideration of the premises, I, Andrew
B. Moore, Governor of the State of Alabama, by
virtue of the general powers in me vested, do hereby constitute
and appoint Hon. John Gill Shorter, a citizen of
said State, a Commissioner to the sovereign State of Georgia
to consult and advise with his Excellency, Governor
Joseph E. Brown and the members of the Convention to be
assembled in said State, as to what is best to be done to protect
the rights, interests, and honor of the Slaveholding
States, and to report the result of such consultation in time to
enable me to communicate the same to the Convention of the State
of Alabama to be held on Monday, the 7th day of January next, if
practicable.
In testimony whereof I have hereunto set my hand, and
caused the Great Seal of the State to be affixed in the city of
Montgomery, this 21st day of December, A. D. 1860.
A. B. MOORE.
Resolution of instruction to Commissioner.]
MONTGOMERY, ALA., January 14th, 1861.
Hon. John Gill Shorter:
DEAR SIR:--
The following resolution was passed by the Convention in
session to-day:
"Resolved by the people of Alabama in Convention assembled,
That the Commissioners heretofore appointed by the Governor of
this State to the several States, be, and they are hereby directed to
present to the conventions of said States the preamble, ordinance,
and resolutions adopted by the people of the State of Alabama, in
Convention, on the 11th day of January, 1861, and to request their
consideration of and concurrence in the first resolution."
With the above resolution is herewith transmitted to you,
by order of the Convention, a certified copy of the preamble,
ordinance and resolution referred to.
Respectfully,
WILLIAM M. BROOKS,
President of the Convention.
Ordinance of Alabama.]
AN ORDINANCE
To dissolve the union between the State of Alabama and
other States united under the compact styled "the Constitution
of the United States of America."
Whereas, The election of Abraham Lincoln and Hanibal
Hamlin to the office of President and Vice President of the
United States of America, by a sectional party, avowedly
hostile to the domestic institutions and to the peace and
security of the people of the State of Alabama, preceded
by many and dangerous infractions of the Constitution of
the United States by many of the States and people of the
Northern section, is a political wrong of so insulting and
menacing a character as to justify the people of the State
of Alabama in the adoption of prompt and decided measures
for their future peace and security, therefore,
Be it declared and ordained by the people of the State of Alabama
in Convention assembled, That the State of Alabama now
withdraws and is hereby withdrawn from the Union known as "the
United States of America," and henceforth ceases to be one of the
said United States, and is, and of right ought to be a Sovereign and
Independent State.
SEC. 2. Be it further declared and ordained by the people of the
State of Alabama in Convention assembled, That all the
powers over the territory of said State, and over the people thereof,
heretofore delegated to the Government of the United States of
America, be and they are hereby withdrawn from said Government,
and are hereby resumed and vested in the people of the State of
Alabama.
And as it is the desire and purpose of the people of Alabama to
meet the Slaveholding States of the South, who approve such
purpose, in order to frame a provisional as
well as permanent government upon the principles of the
Constitution of the United States,
Be it resolved by the people of Alabama in Convention assembled, That the
people of the States of Delaware, Maryland, Virginia, North Carolina, South
Carolina, Florida, Georgia, Mississippi, Louisiana, Texas, Arkansas,
Tennessee, Kentucky and Missouri, be and are hereby invited to
meet the people of the State of Alabama, by their delegates, in
Convention, on the 4th day of February, A, D., 1861, at the city of
Montgomery, in the State of Alabama, for the purpose of
consulting with each other as to the most effectual
mode of securing concerted and harmonious action in whatever
measures may be deemed most desirable for our common peace and
security.
And be it further resolved, That the President of this Convention, be
and he is hereby instructed to transmit forthwith a copy of the
foregoing preamble, ordinance and resolutions to the Governors of
the several States named in said resolutions.
Done by the people of the State of Alabama, in Convention
assembled, at Montgomery, on this, the eleventh day of
January, A. D. 1861.
WILLIAM M. BROOKS.
President of the Convention.
STATE OF MISSISSIPPI.
JOHN J. PETTUS, Governor of the State of Mississippi, to His
Excellency, the Governor of the State of Georgia, Greeting:
Be it known, that, reposing special trust and confidence in the
ability, integrity and fitness of Hon. Thos. W. White I have, in
compliance with a resolution passed by the Legislature
of this State, on the 30th day of November, A. D. 1860,
appointed, and by these presents do appoint him a Commissioner
from Mississippi, to proceed to the Capital of Georgia, to inform the
people of that Commonwealth, through their Executive, that the
Legislature of this State has passed an act calling a Convention of
the people of the
State, to consider the present threatening relations of the
Northern and Southern sections of the United States--aggravated
by the recent election of a President upon principles
of hostility to the States of the South, and to express the
earnest hope of Mississippi that Georgia will co-operate with her in
the adoption of efficient measures for the common defence and
safety of the South.
Given under my hand, and the Great Seal of the State
hereunto affixed, at the City of Jackson, this the 5th day of
December, A. D. 1860.
JOHN J. PETTUS.
By the Governor:
C. A. BROUGHER,
Secretary of State.
Resolved, That the Convention confirm the appointments of
Commissioners heretofore made by the Governor of this State,
under a resolution of the Legislature of Mississppi, the 30th day of
November A. D. 1860.
Passed unanimously.
F. A. POPE,
Secretary of the Convention.
CONVENTION BILL.
An Act to provide for a Convention of the people of the State of
Mississippi.
SECTION 1. Be it enacted by the Legislature of the State of
Mississippi, That an election for delegates to a Convention of the
people of the State of Mississippi, shall be held in the several
counties thereof, on Thursday, the twentieth day of December,
1860, and that said election shall be held at all the precincts
established by law, and shall be managed and conducted by the
Sheriffs or other proper officers of the counties respectively, in the
same manner, and according to the same rules and regulations, as
are prescribed by law for the election of members of the Legislature.
And it is hereby declared to be the duty of the Governor to issue his
proclamation to the several Sheriffs of the State, at least
ten days before the time appointed for holding said election,
requiring them to hold and conduct the same according to law, and
the said Sheriffs shall advertise the time and place of holding said
election for five days by publication in the several newspapers of
their respective counties, and by posting notices at four public
places in their counties.
SEC. 2. Be it further enacted, That each county shall be
represented in said Convention by the same number of delegates
as such county has of Representatives in the House of
Representatives, including the representation of any city or town in
any county.
SEC. 3. Be it further enacted, That any person shall be eligible to
the said Convention who shall, at the time of the election, be a
citizen of the State of Mississippi, and above the age of twenty-one
years. Provided, That each delegate shall have resided in the
county from which he is elected, for four months immediately prior
to the session of the Convention, and been a citizen of the State for
twelve months prior thereto.
SEC. 4. Be it further enacted, That it shall be the duty of the
Sheriff, or other proper returning officer, of every county,
immediately after said election, to make a complete return to the
Secretary of State, of the votes cast for delegates in his county, and
the certificate of election of the returning officer of the proper
county, or of the Secretary of State in favor of any delegate, shall
be evidence of his right to a seat in said Convention; subject, if
contested, to decision by said Convention, in such manner as they
may prescribe.
SEC. 5. Be it further enacted, That the delegates elected
under the provisions of this act, shall assemble at the Capitol of the
State, on Monday, the seventh day of January, 1861, and organize
themselves into a Convention by the election of a President, and
such other officers as they may
deem necessary, and the appointment of a suitable number
assistants, and shall proceed to consider the then existing relations
between the Government of the United States and the Government
and people of the State of Mississippi, and to adopt such
measures for vindicating the sovereignty of the State, and the
protection of its institutions, as shall appear to them to be
demanded; said Convention shall adopt
such rules and regulations for its government and the proper
transaction of business, as they shall think proper. The officers,
members and assistants of said Convention shall receive the same
compensation as is now allowed by law to the officers, members
and assistants of the Legislature, and the Auditor of Public
Accounts shall issue his warrant on the Treasury of the State
therefor, upon the certificate of the President of the amount due.
SEC. 6. Be it further enacted, That in case of vacancy occurring in
said Convention, by death, resignation, or otherwise,
of any member, it shall be the duty of the Governor to cause
such vacancy to be filled, if practicable, by issuing his writ of
election to the Sheriff of the proper county, requiring him, on five
days notice, to hold an election according to law to fill the same.
SEC. 7. Be it further enacted, That this act shall take effect from
and after its passage.
J. A. P. CAMPBELL,
Speaker of the House of Representatives.
JAMES DRANE,
President of the Senate.
Approved, November 29, 1860.
JOHN J. PETTUS.
RESOLUTIONS
Of the State of Mississippi, declaring secession to be the
proper remedy for the Southern States.
Whereas, The Constitutional Union was formed by the
several States in their separate, sovereign capacity, for the
purpose of mutual advantage and protection. That the
several States are distinct sovereignities, whose supremacy
is limited so far only as the same has been delegated by
voluntary compact to a Federal Government, and when it
fails to accomplish the ends for which it was established,
the parties to the compact have the right to resume, each
for itself, such delegated powers. That the institution of
slavery existed prior to the formation of the Federal Constitution,
and is recoguized by its letter, and all efforts to
impair its value or lessen its duration by Congress, or any of the
free States, is a violation of the compact of Union, and is destructive
of the ends for which it was ordained, but in defiance of the
principles of the Union thus established, the people of the Northern
States have assumed a revolutionary position towards the Southern
States, that they have set at defiance that provision of the
Constitution which was intended to secure domestic tranquility,
among the States, and promote their general welfare, namely: "No person
held to service or labor in one State under the laws thereof, escaping
into another, shall, in consequence of any law or regulation therein,
be discharged from such service or labor, but shall be delivered up
on claim of the party to whom such service or labor may be nue."
That they have by voluntary associations, individual agencies, and
State Legislation, interfered with slavery as it prevails in the
slaveholding States. That they have enticed our slaves from us, and
by State intervention, obstructed and prevented their rendition
under the fugitive slave law. That they continue their system of
agitation obviously for the purpose of encouraging other slaves to
escape from service, to weaken the institution in the slaveholding
States, by rendering the holding of such property insecure, and, as
a consequence, its ultimate abolition certain.
That they claim the right, and demand its execution by
Congress, to exclude slavery from the Territories, but claim the
right of protection for every species of property owned by
themselves.
That they declare in every manner in which public opinion is
expressed, their unutterable determination to exclude from
admittance into the Union any new State that tolerates slavery its
Constitution, and thereby force Congress to a condemnation of
that species of property. That they thus seek, by an increase of
abolition States, "to acquire two-thirds of both houses," for the
purpose of proposing an amendment to the Constitution of the
United States, abolishing
slavery in the States, and so continue the agitation, that the
proposed amendment shall be ratified by the Legislatures of three-fourths
of the States. That to encourage the stealing of our
property, they have put at defiance that provision
of the Constitution, which declares that fugitives
from justice into another State, on demand of the Executive
authority of the State from which he fled, shall be delivered
up. That they have, in violation of the comity of all civilized
nations, and in violation of the comity established by
the Constitution of the United States, insulted and outraged
our citizens, when travelling amongst them for pleasure,
health, or business, by taking their servants, and liberating the
same under the forms of State laws, and subjecting their owners to
degrading and ignominious punishment. That they have sought to
create domestic discord in the Southern States by incendiary
publications.
That they encourage a hostile invasion of a Southern State, to
excite insurrection, murder and rapine.
That they have deprived Southern citizens of their property, and
continue an unfriendly agitation of their domestic institution,
claiming for themselves perfect immunity from external interference
with their domestic policy, we of the Southern States alone made
an exception to that universal quiet.
That they have elected a majority of Electors for President and
Vice President, on the ground that there exists an irreconcilable
conflict between the two sections of the Confederacy, in reference
to their respective systems of labor, and in pursance of their
hostility to us and our institutions, thus declaring to the civilized
world, that the powers of this Government are to be used for the
dishonor and overthrow of the Southern section of this great
Confederacy.
Therefore, Be it Resolved by the Legislature of the State of
Mississippi, That in the opinion of those who now constitute
the said Legislature, the secession of each aggrieved State is the
proper remedy for these injuries.
J. A. P. CAMPBELL,
Speaker of the House of Representatives.
JAMES DRANE,
President of the Senate.
Approved, November 30, 1860.
At a Convention of the people of the State of Mississippi,
began and holden at Jackson, the seventh day of January,
in the year of our Lord one thousand eight hundred and
sixty-one:
AN ORDINANCE
To dissolve the union between the State of Mississippi and
other States, united with her under the compact entitled
the Constitution of the United States of America.
The people of the State of the State of Mississippi,
in Convention assembled, do ordain and declare, and it is hereby ordained
and declared as follows, to-wit:
SECTION 1st. That all the laws and ordinances by which the
said State of Mississippi became a member of the Federal Union of
the United States of America, be and the same are hereby repealed;
and that all obligations on the part of the said State or the people
thereof, to observe the same be withdrawn; and that the said State
doth hereby resume all the rights, functions, and powers which by
any of said laws or ordinances, were conveyed to the Government
of the said United States, and is absolved from all the obligations,
restraints and duties incurred to the said Federal Union, and shall
from henceforth be a free, sovereign, and independent State.
SEC. 2d. That so much of the first section of the seventh article
of the Constitution of this State, as requires members of the
Legislature, and all officers, executive, and judicial, to take an oath
or affirmation to support the Constitution of the United States, be
and the same is hereby abrogated and annulled.
SEC. 3d. That all rights acquired and vested under the
Constitution of the United States, or under any act of Congress
passed, or treaty made in pursuance thereof, or under any law of
this State, and not incompatible with this ordinance, shall remain in
force, and have the same effect as if this ordinance had not been
passed.
SEC. 4th. That the people of the State of Mississippi, hereby
consent to form a Federal Union, with such of the
States as may have seceded, or may secede from the Union of the
United States of America, upon the basis of the present
Constitution of the said United States, except such parts thereof
as embrace other portions than such seceding States.
Done at Jackson, the ninth day of January, in the year
of our Lord one thousand eight hundred and sixty-one.
WILLIAM S. BARRY,
President.
Attest:
F. A. POPE, Clerk,
RESOLUTION
Providing for the appointment of Commissioners, &c.
Resolved by the Legislature of the State of Mississippi, That the
Governor be requested to appoint as many Commissiones as in his
judgment may be necessary to visit each of the slaveholding
States, and designate the State or States to which each
Commissioner shall be commissioned--whose duty it shall be to
inform them that this Legislature has passed an act calling a
Convention of the people of the State, to consider the present
threatening relations of the Northern and Southern sections of the
Confederacy, aggravated by the recent election of a President upon
principles of hostility to the States of the South, and to express the
earnest hope of Mississippi that those States will co-operate with
her in the adoption of efficient measures for their common defence
and safety.
Resolved, That should any Sonthern State not have convened
its Legislature, the Commissioner to such State shall appeal to the
Governor thereof, to call the Legislature together, in order that its
co-operation be immediately secured.
J. A. P. CAMPBELL,
Speaker of the House of Representatives.
JAMES DRANE,
President of the Senate:
Approved, November 30, 1860.
To dissolve the union between the State of Louisiana and
other States united with her under the compact entitled
"the Constitution of the United States."
We, the people of the State of Louisiana, in Convention
assembled, do declare and ordain, and it is hereby declared
and ordained,
That the ordinance passed by us on the 22d day of
November, in the year eighteen hundred and eleven, whereby
the Constitution of the United States of America, and
the amendments of said Constitution were adopted, and all
laws and ordinances by which the State of Louisiana became
a member of the Federal Union, be and the same are
hereby repealed and abrogated; and that the union now
subsisting between Louisiana and other States under the
name of "the United States of America" is hereby dissolved.
We do further declare and ordain, That the State of Louisiana
hereby resumes all rights and powers heretofore delegated
to the Government of the United States of America;
that her citizens are absolved from all allegiance to said
government, and that she is in full possession and exercise
of all those rights of sovereignty which appertain to a free
and independent State.
We do further declare and ordain, That all rights acquired and
vested under the Constitution of the United States, or any act of
Congress, or treaty, or under any law of this State and not
incompatible with this ordinance shall remain in force, and have
the same effect as if this ordinance had not been passed.
Adopted in Convention, at Baton Rouge, this twenty-sixth day
of January, eighteen hundred and sixty-one.
Signed by the Hon.
ALEXANDER MOUTON,
President of the Convention of the State of Louisiana.
A true copy of the original.
In reference to the free navigation of the Mississippi river.
Resolved, That we, the people of the State of Louisiana,
recognize the right of the free navigation of the Mississippi river
and its tributaries by all friendly States bordering thereon. And we
also recognize the right of egress and ingress of the mouths of the
Mississippi river by all friendly States and powers; and we do
hereby declare our willingness to enter into any stipulations to
guarantee the exercise of said rights.
Adopted in Convention, at Baton Rouge, this twenty-sixth day
of January, eighteen hundred and sixty-one.
(Signed)
A. MOUTON,
President of the Convention of the State of Louisiana.
A true copy from the original.
J. THOMAS WHEAT,
Secretary of the Convention.
THE STATE OF LOUISIANA.
AN ORDINANCE
To provide for the appointment of delegates to a Convention
to form a Southern Confederacy.
We, the people of Louisiana, in Convention assembled, do
declare and ordain, and it is hereby declared and ordained,
FIRST, That this Convention will, on the thirtieth day of
January instant, at the hour of 12 M., proceed to elect viva voce,
six delegates, two from the State at large, and one from each
Congressional District, to represent this State in the Convention of
seceding States proposed to be held at Montgomery, in the State
of Alabama, on the fourth day of February, eighteen hundred and
sixty-one, for the purpose of securing concerted and harmonious
action, and also of forming a provisional government for those
States which have seceded, and which may secede, and intend to
form a Southern Confederacy.
SECOND, That the said delegates be instructed to aid in
forming a provisional government on the basis of the Constitution
of the United States for such States as have seceded or
may secede, to be established and put in operation before the
fourth day of March, 1861, and that the same Convention of
seceding States shall proceed forthwith to consider and propose a
Constitution and plan for a permanent government for such States,
which proposed plan shall be referred back to the several State
Conventions for their adoption or rejection.
THIRD, That this Convention accepts the recommendation of
the State of South Carolina that each State be entitled to one vote
in the said Convention upon all questions which may be voted
upon therein; and that each State send as many delegates as are
equal in number to the number of Senators and Representatives to
which it was entitled in the Congress of the United States.
FOURTH, That if from any cause, the said Convention should
not assemble at the time and place above mentioned, then, and in
that event, the said delegates be, and they are hereby accredited to
any Convention of seceding States
which may meet at any other time and place having for its object
the formation of a government and the establishing of a
Confederacy, as herein before prescribed, and which may adjourn
to meet at any other time and place.
Adopted in Convention, at the city of New Orleans, this twenty-ninth
day of January, eighteen hundred and sixty-one.
(Signed)
A. MOUTON,
President of the Convention.
A true copy of the original.
Report of D. C. Campbell, Esq., Commissioner from Georgia to
Delaware.]
MILLEDGEVILLE, March 4th, 1861.
To the Honorable the President and Members of the Convention
of the People of Georgia:
In pursuance of my appointment by your body as Commissioner
to the State of Delaware, I have visited Dover, the Capital of that
State, and, to the best of my ability, discharged the trusts you
confided to me. On my way thither, at Washington city, I learned
from those most competent to give information, the state of public
sentiment in Delaware in regard to questions connected with the objects
of my mission; that a large majority of the people were
aggrieved at the aggressions of the Northern upon the Southern
States; that their sympathies and interests were with the latter, and
that on the withdrawal of Virginia and Maryland from the United
States, Delaware would unquestionably follow them and unite her
destinies with the Confederate States of the South. I learned also
that the Legislature of the State, then in session, was not regarded
as a true exponent of the sentiments of the people on these points,
and was advised to address myself to the Executive. On reaching
Dover, I found that one branch of the Legislature, the Senate, had a
majority of one, known and recognized as Democrats, and the other
branch, a majority of one, though not elected such, called and
regarded as Republicans. After a long, social and satisfactory interview with
his Excellency Gov. Burton, and a consultation with a number of the
leading and prominent men of the State, most friendly to the objects
of my mission, all of whom concurred in the opinion that the objects
I had in view would be best promoted by addressing myself to the
Executive, I concluded to make no application for a hearing before the
Legislature. Accordingly I addressed a communication to the
Governor setting forth the objects of my mission and briefly
discussing the advantages that would result to Delaware by her
union with a Southern Confederacy, and enclosed therein the
documents I had been instructed to lay before the constituted
authorities of the State.
The Governor promptly transmitted my communication to
the Legislature, without any comment, except that in his
message accompanying it he renewed a previous recommendation
for a call of a Convention of the people to take into
consideration the questions then agitating the country.
The Senate immediately took up the message for consideration and
adopted a resolution, in substance, affirming that
Delaware appreciated the courtesy of Georgia in sending a
Commissioner to her; that in view of her location and the
state of things existing in the States around her, the time
for action on her part had not arrived, and that when it did come,
Delaware would pursue that course that would best promote her
interests. The House postponed for the present any action on the
message of the Governor, and I have not yet learned what, if any,
has been its action on the subject. It was expected the Legislature
would continue its session till after the 4th of March, that it might
mark out its future course by the events of that day. Hence it may
be, that the final action of the Legislature has not yet been
forwarded to me.
I cannot conclude this report without giving it as my
decided opinion, formed from the declarations made to me by a
large number of the prominent and leading men of Delaware,
including some who have heretofore filled her Executive chair and
represented her in both branches of the Congress of the United
States, members of all parties into which the country has heretofore
been divided, that whenever Virginia and Maryland shall withdraw
from the Union, Delaware would follow in their footsteps. She will
not consent to unite her destinies with a Northern Confederacy
while she can form an alliance with one at the South, with which
she is more identified by interest and to which she is drawn by
sentiment and sympathy.
It is due to the State of Delaware and to myself, that I should
gratefully acknowledge, as I here do, the kindness and courtesy
extended to me, as your humble representative, by the Executive
and other officers and citizens of Delaware with whom, during my
visit, I was thrown in contact.
A copy of my communication to Gov. Burton accompanies
this report.
With great respect,
Your obedient servant,
D. C. CAMPBELL.
Copy of communication addressed to the Governor of Delaware by
D. C. Campbell, Commissioner, &c.]
DOVER, DEL., Feb. 12th, 1861.
His Excellency Gov. Burton:
DEAR SIR:--
I have already had the honor to place in your hand my credentials
accrediting me as a Commissioner to the State of Delaware, from a
Convention of the people of the State of Georgia, recently
assembled at her capitol. The object of my mission is two-fold. 1st, To
lay before the constituted authorities of your State the ordinance of
secession, by which the State of Georgia has repealed the ordinance
by virtue of which she became a member of the late Confederacy
known as the United States Of America, has withdrawn from that
Confederacy, and has declared herself a free, sovereign and
independent State. The second object of my mission is, in the name
of my State, to invite the co-operation of Delaware, with Georgia and
the other seceding States, in the formation of a Southern Confederacy.
In obedience to my instructions, I beg leave to lay before you the
following documents, all of which are enclosed:
1st, A resolution of the Georgia Convention declaring it the right
and duty of Georgia to secede from the Union.
2d, An authenticated copy of the ordinance of secession.
3d, A resolution of the Convention uniting with Alabama in the
invitation to the State of Delaware, to send Commissioners to
represent her at Montgomery, Ala.
4th, A resolution of the Convention appointing Commissioners
to Delaware and other States and defining their duties.
I beg leave respectfully to ask you to take into consideration
these documents, exhibiting the objects of my mission,
and if you approve the measure, to lay the same before the
Legislature.
You will perceive that the prominent object of my mission
is to invite the co-operation of Delaware in the formation
of a Southern Confederacy. Georgia, in the movement
she has made, has not acted in haste or with precipitancy,
nor without calm deliberation, and after having counted
the cost. She did not withdraw from the Union till she
had lost all hope of being able to maintain the rights and
equality guaranteed to her by the compact into which she
had entered, and to enjoy the domestic tranquility which
was one of the prominent objects of that compact to secure
to her. She has now passed the rubicon, and with no intention
of taking any steps backwards. Already in alliance
with other of her sister and neighboring States who have
formed a provisional government, and intend speedily to
organize a permanent government upon the basis of the
Constitution of the United States, she looks with interest
to those of the Slaveholding States who have not yet cast
in their lot with her, and from whom she has been compelled
to separate, not without feelings of deep and poignant
regret. They have heretofore battled with her for the same
rights, triumphed with her in the same successes, and mourned with
her over the same reverses. Although it is well known in Georgia
that Delaware, in proportion to her population, has not as deep an
interest in the institution of slavery as the other border
Slaveholding States, yet it is well known that she is identified with
Georgia in interest, more so in sentiment, in principle, and in
sympathy; and it is confidently believed is destined, ere long, under
the force of events rapidly crowding upon her, to be identified
with her in action and in her future destiny.
It is no part of my duty to indicate to the State of Delaware what
course it may comport with her honor or her interest to pursue, yet
pardon me in making the suggestion that the Cotton States are
agricultural in the pursuits of their people, and have heretofore
been dependent on the Northern States mainly for the products of
manufacturing and mechanical labor. Hereafter they will look for
these products across the Atlantic, if they cannot be furnished
by States in alliance with them. Those Southern border States,
therefore, who are far advanced in manufacturing and mechanical
skill have now tendered to them the entire South for a market, and
that without a rival.
One other consideration. Free trade or an approximation to it will
probably prevail in the Southern Confederacy. Delaware has
her sea ports. Is it unreasonable to suppose that under the high
protective tariffs that will prevail in the Northern Confederacy, that
those sea ports may attach to them when they can sell goods at
lower prices, because imported under a lower tariff, an extensive
and valuable commerce which never heretofore has reached them?
But on this topic I forbear.
I have only to add, that it is the sincere and earnest desire of the
State of Georgia that all the Slaveholding States
may be united in the Confederacy, the nucleus of which is already
formed, and that Delaware will be among them,
exhibiting as she has done in the Union that has ceased to exist,
her full quota of talent and moral worth, and contributing her full
quota to its prosperity.
With sentiments of profound respect,
I have the honor to be,
Respectfully,
Your obedient servant,
D. C. CAMPBELL.
Report of Gen. J. W. A. Sanford, Commissioner from Georgia
to Texas.]
MILLEDGEVILLE, March 7th, 1861.
SIR:--
It is known to your honorable body, that on the day after my
appointment as Commissioner to Texas, I set out for the city
of Austin, the Capital of that State. Upon my arrival at that point, I
found its Convention in session, and forthwith proceeded to make
known the object of my mission.
I am happy to inform you that body of enlightened statesmen
and patriots, cordially endorsed the late action of Georgia, and their
people, not less cordial in their approval of her course, have
followed her example and proclaimed in the last four days, with
almost one voice for Southern independence and the establishment
of a Southern Confederacy. Although their determination, in this
respect, from its public notoriety must have already reached you
through different channels, yet I have considered it proper in
closing my embassy, to authenticate the fact by communicating it
officially to your honorable body.
From the evidence which this spirited and patriotic race of men
have thus given of their loyalty and devotion to Southern rights, I
feel that I pay but a just tribute to the
courage and patriotism of the people of Texas, in saying, having
upon mature deliberation, adopted this measure as a last resort to
protect their interests and institutions from Northern encroachment
and usurpation, and to vindicate their honor and character from
the ignominous imputation of abject submission to wanton outrage
and insult, they will stand by their act "at every hazard and to the
last extremity." In my admiration of their conduct, I can not but
contrast their noble attitude with the humilitating supplicating
posture of others vainly begging upon their knees, as a gracious
boon what as freemen and equals they should demand with arms
in their hands.
Upon the occasion of this most welcome and valued accession
to our cause, I rejoice that it is our privilege to hail the "Lone Star"
as one of the Southern Constellation, making now our number
seven. Like the seven stars of the Heavens, may they revolve
harmoniously in their orbit, increasing in beauty and splendor in
their onward and upward course; unlike the fabled Pleiades of
antiquity, may no one of their number shoot madly from its sphere,
unhappily doomed to become an isolated wanderer, with no fixed track
until all set to rise no more.
I have the honor to be with sentiments of high consideration,
your most obedient servant,
J. W. A. SANFORD.
HON. GEORGE W. CRAWFORD,
President of Georgia Convention,
Savannah, Ga.
Page 328
Report of A. R. Wright Esq., Commissioner from Georgia to
Maryland.]
SAVANNAH, March 13th, 1861. To Hon. G. W. Crawford, President &c., SIR:--
Under your appointment of myself as Commissioner to
Maryland, I visited that State on the 18th ult., and found in
session on that day in the city of Baltimore, a Convention of her
people assembled, to take advisory action upon the condition of
the country.
This Convention, I learned, was not a legally constituted body,
authorized to take definite and binding action, but was a voluntary
assemblage of the people, which had no power to commit their State
to any line of policy. I did not therefore feel authorized under the
ordinance of your body, prescribing the duties of your
commissioner, to lay before them the action of our State, or to hold
any intercourse with them of an official character. I visited the
Convention (unofficially), and being invited to a seat on their floor,
attended the meetings of the same during the two days of their
session. I found the members of that Convention, comprising as it
did, a number of the best men and highest talent of the State, while
they thought the Cotton
States had acted with undue haste and precipitancy,--almost
unanimous for resistance to Black Republican rule, and determined
to co-operate with the seceding States, in the event that Virginia
should determine to withdraw from the Federal Government. The
situation of Maryland geographically, is such, that however
mortifying it may be to her gallant sons, she is compelled to direct
her action in concert with Virginia, that State and North Carolina,
lying immediately between her and the Cotton States.
The Convention after a session of two days, adjourned to
reassemble on the 12th inst., unless in the interval Virginia should
take decided action, in which event they were to immediately re-assemble
for binding and definite action. Before adjourning however,
that body passed the following resolutions:
"The committee on resolutions, through their chairman,
Hon. Robert McLane, submitted to the Convention the following
resolutions:
Whereas, It is the opinion of this meeting, that in the present
alarming crisis in the history of our country, it is desirable that the
State of Maryland should be represented by judicious, intelligent,
and patriotic agents, fully authorized to confer and act with our
sister States of the South, and particularly with the State of Virginia.
And whereas, such authority can be conferred solely by a
Convention of the people of the State.
And whereas, in the opinion of the meeting, the Legislature
not being in session, a full and fair expression of the popular will is
most likely to be heard by a Convention called by the
recommendation of the Executive.
And whereas, it is alleged that the Governor now has it in
contemplation to recommend by proclamation such a movement in
the event of a failure by the Peace Conference and Congress to
effect any satisfactory solution of the vexed question now agitating
the country. Be it therefore
Resolved, That we shall approve such a proceeding on the part
of the Governor, and add the voice of this Convention to urge the
voters of this State to regard such proclamation. And with a view
to allow time for the action of the Governor in the matter, the
Convention will adjourn until the 12th day of March next, unless
intermediately the State of Virginia should by her sovereign
Convention, secede from the Union, in which event and in case the
Governor of the State shall not have then called a sovereign
Convention of the people of this State, this Convention shall at once
assemble at the call of the President, with a view of recommending
to the people of this State, the election of delegates to such a
sovereign Convention.
Resolved further, As the sense of this Convention, that the
secession of the several slaveholding States from the Federal Union
was induced by the aggression of the non-slaveholding
States, in violation of the Constitution of the United States.
Resolved further, That the moral and material interest, and
the geographical position of this State demand that it
should act with Virginia in this crisis, co-operating with that State in
all honorable efforts to maintain and defend the Constitutional
rights of its citizens in the Union, and failing in that, to associate
with her in confederation with our sister States of the Union.
Resolved further, That the honor of this State requires that it
should not permit its soil to be made a highway for Federal troops,
sent to make war upon our sister States of the South, and it is the
opinion of this Convention that an attempt on the part of the Federal
Government to coerce the States which have seceded, would
necessarily result in civil war and the destruction of the government
itself."
On the 25th of Febuary, I visited for the third time, Annapolis, the
seat of Government, (having failed while there on a former visit on
the 21st, to meet the Executive) and waited upon Gov. Hicks, and
after a personal interview, and pretty free interchange of opinion
with his Excellency, I handed to him the ordinance of secession,
with which I was intrusted, and also a written communication in
which I endeavored to justify and explain the action of the State of
Georgia; and attempted to show that the material interests of
Maryland would be greatly promoted and advanced by her co-operation
with the seceding States. To this communication, (a copy
of which is hereto attached,) I have received no reply, although
upon the suggestion of Gov.
Hicks, that he would favor me with a reply at his earliest convenience,
I waited for two days to receive such communication as he should
be pleased to make to your body.
In the absence of any written reply
to my note of the 25th ult., I can only give to your honorable body
the result of the personal interview had with the Governor, and I
regret to say that I found him not only opposed to
the secession of Maryland from the Federal Union--but that if she
should withdraw from the Union, he advised and would urge her to
confederate with the middle States in the formation of a Central
Confederacy. He also informed me that he had already, in his official
character, entered into a correspondence with the Governors of
those States, including New York, Pennsylvania, New Jersey,
Delaware, Virginia, Missouri, and Ohio, with a view, in the
event of all ultimate disruption of the Federal Union, to
the establishment of such Central Confederacy. He
thought our action hasty, ill-advised, and not justified by
the action of which we complain, and that we were attempting
to coerce Maryland to follow our example; that
he had great confidence in the Peace Conference then in
session in Washington, and had assurances that that body
would agree upon a plan of adjustment that would be
entirely acceptable to Maryland--that the proposition
before the Conference known as the Guthrie plan, was a
fair and proper basis of compromise and settlement. He
also informed me in the course of our interview, and in
answer to a direct enquiry from me on that point, that in
the event of the Federal Government's attempting to
coerce the seceded States, that he would interpose no objection
to the marching or transporting of troops through
his State, and their embarkation at Baltimore by the Federal
Government for that purpose--that as chief magistrate of the State
he had no power to prevent it, as it would not be an invasion of his
State--and that he would not convene the Legislature under such
circumstances that they might take action in the premises. These
opinions and views of the Governor's I have reasons to believe are
not entertained by a majority of the people of Maryland. Indeed, I
have no doubt that the people there would spontaneously rise en
masse and resist the invaders, though it encrimsoned their soil with
the best blood of the State. The people, then, in my humble
judgment, are true to the memories of the past. They are a gallant,
patriotic, and brave people, whose feelings and sympathies are
warmly enlisted in our cause; and although some of them do
entertain the opinion that we have, perhaps, acted precipitately,
they acknowledge that our action is fully justified by the events
of the past, and declare their determination to assist us if need be,
in sustaining our independence. It is greatly to be regretted that such a gallant
people should be prevented by their own officials, however high
they may be, from giving an authoritative expression of their
conviction, and of taking such action,
as, in their judgment, the affairs of the country demand.
Without the consent of Gov. Hicks, neither the Legislature nor an
authorized Convention, can be assembled, and I have no hesitancy
in stating that he will never convene either. If Virginia shall
withdraw from the Union, the people of Maryland will, in the
shortest possible period of time, assume the responsibility,
assemble in spontaneous Convention, and unite their destinies
with the Confederate States of the South.
In conclusion, I would respectfully add, that this communication
would have been made at an earlier day, but that I waited, hoping
to receive all answer from Gov. Hicks, before I laid before your
body the result of my mission. I have the honor to be, very
respectfully,
Your ob't. serv't.,
A. R. WRIGHT.
ANNAPOLIS, MD., February 25th, 1861.
To his Excellency Thomas H. Hicks, Governor, &c.
SIR: I have the honor herewith to enclose to your Excellency a
copy of "an Ordinance to dissolve the Union between the State of
Georgia and other States, under a compact of Government entitled
'The Constitution of the United States of America,' " passed by the
people of Georgia, in Convention recently assembled, at the Capitol
in Milledgeville; also, a copy of an Ordinance passed by the same
body for the appointment of Commissioners to each of the non-seceded
slaveholding States; together with my appointment as the
Commissioner of Georgia to the State of Maryland.
The Ordinance creating the office I have the honor to
hold, makes it a part of my duty to urge upon the State
of Maryland the policy of withdrawal, or secession, from
the power known as the United States, and co-operation
with the State of Georgia, and other independent Southern
States, in the formation of a new Confederation and Union, for the
mutual defence, protection and welfare of the Southern States, and
for the promotion of the happiness of their citizens.
The people of Georgia have labored for years past, with
anxious solicitude, for the preservation of the Federal
Union, and have made many sacrifices, both of rights and of
honor, to avoid the dire necessity of resistance to Federal
encroachments and Northern insults and injuries. This pacific and
yielding policy of her people, has been received at the North as
merely increasing evidence of our weakness and utter dependence
upon the Federal Union for protection and happiness.
It cannot be denied that for more than thirty years, the Northern
people have been waging a violent, inflamatory and wholy
unjustifiable war upon the institution of domestic slavery as it
exists in the Southern States--an institution which underlies our
whole social system, and upon the perpetuity of which, depends in
a large degree, the wealth, prosperity, and general welfare of the
entire South.
First commencing their attacks upon slavery in the States, they
continued their assaults, until the united South, assisted by a large
and respectable portion of the people of the non-slaveholding
States, with common intent, met at the ballot boxes of the country,
and overwhelmned them with defeat and shame. The old
"Abolitionist" party proper, never commanded the respect, nor
received the support of any considerable number of the Northern
people; and hence their attacks, although highly insulting and
highly aggravating in their character, and clearly violative of their
constitutional obligations, were harmless, except so far as they
tended to inflame the passions, arouse the jealousies, and excite the
hatred of the Southern mind.
The people of Georgia, while they have ever abhorred the
canting philanthropy and the religious intolerance, and treasonable
machinations of the "abolitionists," have heretofore cherished a
kindly and fraternal regard, and on all suitable occasions, have
manifested a warm and cordial appreciation of the intelligence,
virtue and patriotism of the great body of the Northern people, who
have in the past so nobly breasted the popular clamour and blind
fanaticism of their own section, in defence of the Constitutional
rights of the South.
The increase of our public domain acquired by our
contest with Mexico--a contest in which, without disparagement
to any, it may be said that the South contributed as much
of men and of means, and shared as much of the common glory
won upon those ensanguined battle fields, as any
other portion of the Confederacy--gave birth to a new
organization, which sprung from the dead body of abolitionism,
having for its avowed object the preservation of this acquisition
from what they were pleased to term the "blasting effects of
involuntary servitude."
Disappointed office hunters, ambitious politicians, and corrupt
demagogues, found here a common ground from which to make their
assaults upon the Constitution and the Union, and by which, they
were borne into importance and power. The result of the recent
Presidential election has shewn but too well the sagacity of their
movement, and the success of their organization, had we not been
already convinced of their power--and their power for harm--by
their absolute control of the State Governments
of the entire anti-slavery portion of the Confederacy.--
Contemporaneous with the success of this corrupt and
treasonable organization, has been the melting away of the
old conservative element there, until it has ceased to be
able to make itself potent for the preservation of our Constitutional rights.
It is hardly necessary that I should attempt to enumerate the
several acts of this new organization, for "they are read and known
of all men," which have impelled the people of Georgia to the
extreme measure of a total disolution of the bonds by which they
were joined and confederated with the States of the North in a
common government. They have passed laws insulting and
oppressive to us, and in open violation of the express letter of the
Constitution; they have sought by acts of the Federal Congress to
deprive us of all right to participation in the settlement of our
common Territories; they have set on foot and organized emigrant
aid societies, for the purpose of sending foreign and pauper
immigrants into the Territories of the Union, to crush out and prevent
immigration to those Territories from the Southern States;
they have enticed from service our slaves, and refused,
though the demand was made upon a clear and indisputable
provision of the Constitution, to deliver them up
to the lawful posession of their owners; they have with
force and violence rescued our slaves from the possession
of their masters who have been, with their families, temporarily
sojourning in the Northern States; they have unlawfully torn from
Southerners, who have been forced by stress of weather to touch at
their ports, their entire property in domestic slaves, and their Courts
of Justice, (so called) have sustained them in the robbery; they have
attempted by inflamatory and incendiary appeals made through the
public presses, to incite our slaves to rebellion and insurrection; they
have refused to render up for trial fugitives from justice, flying from
crimes committed at the South, whenever the crimes with which they
were charged were committed in relation to slavery, although the
Federal Constitution declares it their duty so to deliver them up;
they have invaded the soil of a sister Southern State with an armed
force, for the purpose of exciting insurrection, and have murdered in
cold blood her quiet citizens; they have refused to deliver up for trial
individuals charged with being accessory, before the fact, to such
invasion, insurrection and murder; they have, in their State
Legislatures, passed laws making it felony, and punishable with
imprisonment for terms extending from two to fifteen years, for a
master to assert upon their soil his rights to a fugitive slave; and
finally, they have by a combination of all the elements of
antagonism to Southern institutions, in the non-slaveholding States,
succeeded recently in the election of Abraham Lincoln to the
Presidency of the United States, upon a platform of principles
alike sectional in their character, and dangerous to the
peace, welfare, and domestic tranquility of the slaveholding States.
With these startling facts before our eyes, what reasonable
hope can be entertained that the Northern mind will
undergo a change--will yield its prejudices? Can it be expected that
a party which has been so long struggling for power upon an issue
so inwoven with their religious fanaticism, will, in the full
flush of their first and most decided
victory, renounce the principles, and deny the faith which has
alone secured them place and power? They know but too well
that utter ruin and disgrace at home,
would follow close upon any adjustment or compromise
which they might make, that would be satisfactory to the
South. The long-gathering and destructive political storm
which has recently swept the North from Maine to Minnesota,
is but an earnest of the deep hatred and determined
hostility of their people to our institutions. And now
that the first shock of the tornado has been received, and
its fury spent upon our heads, is there yet discernable any
indication of returning calm and quiet? Who has been
able, up to this moment, to discern a single ray of hope
in the dark and lowering northern horizon? What dove
of promise has discovered the "dry land and the olive
branch" in that great sea of intolerance and hatred?
The very existence of the Republican party is depending upon
their firm and unwavering determination to enforce by all possible
means the policy of crushing out African slavery in all its
conditions, and in all its strongholds. The irrepressible conflict with
them is but just begun. Their mission is to annihilate slavery from
the American continent, and to know no diminution of their labour
until that object is accomplished. Do the Northern people intend to
retrace their steps? Then why, as State after State has fallen from
the Union, as star after star has been blotted from their flag, have
they not long ere this, given us an earnest of their desire for
conciliation and compromise?
With a commanding majority in both branches of the National
Legislature the Northern States have failed, and refused, to take any
action which would lead to the least surrender of their treasonable
designs, or afford the slightest encouragement to the Southern
mind, of their willingness to perform, in good faith, their
constitutional obligations. Weeks and months have been passed in
the Federal Capital by the Representatives of the Nation, and not a
single indication of returning wisdom has been given to our people.
And while the whole powers of the Federal Government have been
taxed to their utmost limits, in efforts to intimidate and coerce the
Southern people, the subject of their grievances has been kept
buried in the committee rooms of both houses of Congress, while
day after day have our Representatives urged, nay implored, immediate
and pacific action. The Executive at Washington, as the
storm gathered close and thick around him, has discarded his long-tried
and faithful advisers, and has called to the supreme control
of affairs both civil and military, a disappointed, ambitious military
chieftain, whose only merit for such a trust is his partiality for soup
and slaughter and his hatred of Southerners and slavery.
And even now when seven sovereign States have withdrawn
from all connexion with the Federal Government--when the entire
South is alarmed and irritated by the success of the Republicans,
they attempt to allay their fears and quiet their apprehensions by a
display of Military force at and around Washington, and the adjoining States of
Maryland and Virginia, wholly incompatible with the safety of
those States, and utterly destructive to their liberties. These are the
overtures of peace extended to us now by the Northern Federal
Government, Scott and scorpions, cannon and cartridge.
But could the South in safety again rely upon the pledges of the
North, were they in the possibility of events to be offered anew to
us? What paper writing more solemn--what instrument so sacred--
what compact so clear--what compromise so just as the
Constitution of the United States? yet they have violated its spirit,
broken its letter, and destroyed its vitality. By what bonds can such
a people be held? They ignore the Bible, violate oaths--nullify the
laws, and Pharisaically call upon Jehovah to guide and support them
in their infamous course.
These are a few only of a long series of acts of hostility to the
institutions of her people that have forced the State of Georgia to
dissolve forever her connexion with the Federal Government, and
to declare herself what of right she is, and ought to be, a free,
sovereign and independent State.
Georgia feels that she has not alone suffered wrong and
injustice from the Northern States. Neither is it her individual
wrong only, which has caused her recent action.
She feels intensely the wrongs done and injuries inflicted
upon her sister Southern States; and while it is true that
her people have perhaps suffered less in some respects, than
the people of Maryland and the entire border Southern
States, she no less makes their wrongs her wrongs, and
their cause her cause, and is prepared to take common
action with her sister States, for the preservation of their
common liberties, and the defence of their common rights
at all hazards, and to the last extremity.
The right of Georgia to secede from the Federal Union
for existing causes she does not admit to be a debatable
question. As a sovereign State she threw off her allegiance
to Great Britain in 1776. As a sovereign independent
State in 1788, she ratified and adopted the Federal Constitution;
and as a sovereign State she has now repealed and
annulled her former adoption and ratification of that Constitution,
and has set up for herself an independence and
equality among the nations of the earth, which she expects
and demands shall be clearly and explicitly recognized and
admitted. Still, recalling the blessings enjoyed, the wealth
power and happiness conferred upon her people, in the
earlier days of the Republic under the operation of the
Federal Union, and the Constitution as expounded and enforced
by the patriot fathers of those days, she is anxious
to associate herself with the slaveholding States, in a new
confederated Republic upon the basis of the old Union, and
has elected delegates to represent her people in a Southern
Convention now assembled at the city of Montgomery in the State
of Alabama, for the purpose of organizing a provisional
government for the seceding States, and the adoption of a
constitution, and the establishment of a more perfect union among
her several sister Southern States.
In this great work of re-organization she cordially invites the
co-operation and assistance of the State of Maryland.
She is not unmindful of the past history of your
noble State, neither has she forgotten the proud name
that cluster in undying glory upon the broad pages of your
State's history. The people of Georgia feel a just and
proper pride in the fame, the virtue, the intelligence and patriotism
of your statesmen; while the courage and bravery of your sons in
the field have made their names as familiar to her people as
"household words." The past of Maryland gives
strong encouragement to Georgia to
hope, that in the present trying exigency in which she, with her
Southern sisters, from no fault of their own, find themselves
placed, your gallant State will, though slowly it
may be, yet surely be found side by side with the firmest
in determined resistance to Black Republican rule. Maryland owes
this to herself no less than to the other Southern States. The
wealth, population and commercial importance of her great
Metropolis, Baltimore, point out that city as the great commercial
and financial centre of the Southern Republic. Under the
oppression and unequal administration of the present Federal
Government, she has maintained the third rank in the list of
American cities. That she has natural and artificial advantages
equal, if not superior to New York and Philadelphia, is plain to the
commonest observer. Under a friendly, or even a fair system of
government, she would soon take rank among
the first cities of the world. As long as Maryland continues a
dependency upon the Northern Federal Government, restrictions,
limitations and discriminations, will continue to be made against her
commercial interests, and prosperity. Baltimore, from her natural
advantages, no less than from her varied and extended commercial
relations with the civilized world, will become the great importing
agent for the entire South; whilst her facilities for, and her great
proficiency in the art of ship-building will make her the carrier of our
immense productions of rice, grain, cotton and sugar.
I cannot attempt in this place to point out fully all the material
advantages to be gained by your State, by a cordial co-operation
with the seceding States; nor do I think it proper or becoming in me,
as the representative of Georgia, to urge your action upon such sordid and selfish
considerations.
Georgia knows and feels the great embarrassments which
surround the State of Maryland, and which renders her position a
critical, and it may be a dangerous one. Still she feels that the
descendants of Chase, of Carroll, and of Hauson and McHenry, can
never be long deterred from proper action, by a consultation with
their fears. Georgia is fully informed of the ample preparations made
by the Federal Government to enforce from Maryland, even at the point
of the bayonet, if need be, obedience to her will. She regrets that the
seeming doubtful policy of your State,
and her hesitation in taking a prompt and decided position
with her Southern sisters in demanding redress of her
grievances, has entailed upon her people the armed
occupation by the Federal troops, of the fortresses within her borders,
which were designed and constructed for her safety and defence.
We are sensible that your position now, is far worse than it was a
few weeks past; that the Federal Government anticipating your
probable action in defence of your liberties, has, with a view to
crush in its incipiency, any feeling of resistance to her foul
domination, placed cords about you that will be difficult to sever.
Yet the danger of your position only increases our solicitude for
your future action; while Georgia would not desire, much less
advise your State to inaugurate any movement which should
unnecessarily increase your difficulties and dangers, she is
nevertheless anxious that you should be permitted to act entirely
free from Federal influence and Federal arms.
To this end she authorizes me to declare to you, and through
you to the people of your noble State, that to the full extent of her
ability she is determined to assist and support you in any action
which your State may decide to adopt for the preservation of your
rights and liberties. Your cause Georgia makes her cause, your
quarrels her quarrels, and your dangers her dangers. The report of
the first Federal gun fired upon your soil, as it falls upon the ears of
our hardy sons will call to your side from their forest homes upon
mountain top and low land, a body of freemen, whose valor and
prowess will make them no mean match for Federal mercenaries.
The State of Georgia has taken her position after a full and
careful consideration of all her grievances and difficulties, and with
a full knowledge of the many embarrassments to be encountered in
her new character, yet she is determined to take no step backward.
Having dissolved the ties which bound her to the Federal Union,
she casts no longing eyes towards the past. There is now no more
"hankering after the flesh pots of Egypt" among her
people. Having for years past interceded--nay, implored our
Northern Confederates for simple justice--never having at any
period of our history ever asked for special privileges for our section;
having plainly and fairly informed the Northern States of our
determination to resist, even to a
disruption of the Union, all other and further encroachments
upon our rights, we feel that we shall be fully justified
by the enlightened public sentiment of the civilized
world in the action we have taken.
We have determined to listen to no more compromises with the
Northern States. They have proved faithless in all their pledges
heretofore given, and we can have no assurance from such a
people that they would carry out any offer or settlement, which
may, through their fears be now extorted from them. Georgia warns
Maryland against any patched up adjustments of existing
difficulties. While Maryland would feel bound in honor to abide
such adjustment in good faith, if made, her Northern confederates
would upon the first occasion which promised advantage to their
cupidity, entirely disregard and violate their compact.
Even if the slavery question were now settled to the entire
satisfaction of her people, Georgia would be unwilling
again to confederate with a people whose views of the power of
the Federal Government are so entirely different from her own.
While a member of the late confederacy,
she did not yield her sovereignty as a free and independent
State, except so far as was granted by the express letter of
the Constitution.
The power of the Federal Government, she has always
contended was restricted, limited and confined within the letter of
that instrument. In the opinion of our people, the framers of the
constitution rested its support and power upon the consent of the
people of the different confederated States,
and never contemplated the employment of force
against a sovereign State, to coerce its submission to, or
continuance in a confederation, deemed by its people
oppressive and tyranical. Our fathers had but too recently felt the
necessity which forced a loyal and true people to throw off a
government, which proudly claimed to be the only power on the
Globe, whose citizens were secured in
enjoyment of constitutional liberty. With the experience
of the then recent past, the statesmen of 1788-9,
looked with far-seeing sagacity, to the possibility of a loss of
their liberties so dearly won, unless the new Government about to
be adopted for their protection, should be so limited and confined
in its powers, and so arranged in its details,
as to receive its entire force, efficacy and power, from the
enlightened public sentiment of the country, the full, free, and
cordial assent of the governed. This has always been
the view entertained at the South, in regard to the powers
of the Federal Government. Indeed, one of the New England
States, one which now denies the sovereignty of the
several States, and is urging the government at Washington,
to use the power of the Army and Navy to reduce to subjection
the seceding Southern States, on no less than two occasions
in its past history, has claimed for itself the right to
judge of the infractions of the Federal Constitution, and to
assert its right and duty to dissolve all further connexion
with the Federal Union. The doctrine of State Rights and
State Sovereignty, as ennunciated and declared in the "Virginia-Kentucky"
resolutions of '79, we have held to be
the chief safeguards of the liberties of the American people.
For the first time in our national history this doctrine has
been ignored and denied by a commanding majority of the
States of the Union.
Our safety requires that we should look now alone to our own
efforts and resources, for the protection of our liberties and
property, so emphatically denied to us by our Northern associates.
Maryland, in the opinion of Georgia, cannot with safety
to her citizens, continue longer in confederation with the
States of the North. And while we would not attempt to
advise a people of such known intelligence and patriotism
as to their duty in this trying emergency, the fraternal regard
we have ever borne towards your State and the deep
solicitude which as brethren sprang from the same ancestry,
with institutions so identical and interests so reciprocal, impels us
to give you our solemn warning of the dangers which
surround you, and which threaten in our honest judgment,
to destroy your domestic institutions, and impede the prosperity
and wealth of your noble State.
Having with the kindest feelings and purest motives done
this, we are content to leave the issue with the good sense
and patriotism of your people.
Report of Samuel Hall, Esq., Commissioner from Georgia to
North Carolina.]
OGLETHORPE, GA., 13th March, 1861.
DEAR SIR:--
Having been honored by the Convention of the people
of Georgia with the appointment of Commissioner to North
Carolina, to lay before the Convention or Legislature of
that State, if either should be in session, and if not, before
the Governor, the ordinance by which Georgia seceded from the
late government or the United States, and to invite the co-operation
of North Carolina, with her and other States that had
seceded or might secede, in the formation
of a Southern Confederacy, I took my departure early in February
last, and reached Raleigh on the eleventh of that
month. On that day I waited upon his Excellency, John
W. Ellis, the Governor of the State, and made known to him my
appointment and the purpose of my mission. He received me with
cordiality and entered into the purposes of this State with a
cheerfulness and spirit which convinced me that the people of his
State still held us in high regard and cherished for us sincere
respect and esteem. The Legislature being in session, his
Excellency promptly communicated
to them my commission with the accompanying ordinance
of secession. In response to this communication the "General
Assembly," by a vote of both houses, appointed a joint committee
to wait upon me, to tender the privilege of the floor and invite me
to address that honorable body upon the subject of my mission.
Every hospitality was offered and every attention was paid to your
Commissioner. Individually, I appropriated none of this to
myself, but received it as a mark of respect to my State.
Having accepted the invitation extended to me to address
the "General Assembly," I was, on Wednesday evening,
the 13th February, introduced to them by the chairman of
their joint committee. Encouraged by the assurance given
me in this introduction, that the Legislature and people of
North Carolina admitted and "knew that the wrongs of
which we complained were their wrongs," "that the cause
for which we were battling and preparing, if need be, to
sacrifice our lives, was their cause," that they recognized
us as "their kindred" and "would never turn a deaf ear
to the voice that came up from us," I proceeded to deliver
an address setting forth the causes which led to our separation,
justifying, according to the measure of my feeble ability,
the mode and measure of redress we had adopted, and
vindicating the right of secession as regular, lawful and
constitutional; holding that it should be therefore regarded
as peaceable. Assuring North Carolina of the cordiality
with which she would be welcomed to the embrace of her
ancient confederate and ally, I endeavored to persuade her
that she would find her true interest, prosperity and honor
in uniting her destiny with the "Confederate States of
America." That the affection of the members of her Legislature
and the large audience of her sons and daughters
that honored me with their presence, is still warm and strong
for their former sisters, whose safety and honor required
them to resume the powers delegated to a government
which has failed to secure the one or regard the other, I
had still more flattering and encouraging proof in the indignant
and universal negative response made to the question
propounded, "whether they would see Federal troops march from
or through their State to coerce and attempt to subjugate their
Southern brethren."
In response to this address, I was charged by the General
Assembly, through their accredited organ, the Hon. Henry T. Clark,
Speaker of the Senate, to bear this message to the people of
Georgia:
"After giving this momentous question our best and
most anxious deliberation, we have referred it to the sovereign
people in convention assembled. Their judgment and decision will
form the guide of our faith and the rule of our conduct, and to that
tribunal alone can we look for any authorized response to the
friendly counsels and suggestions of our fellow suffering sister
State. But without reference to the amount of our sympathy or the
extent of our co-operation with her in her present struggle, we will
at least assure her that no hostile foot shall ever march from or
through our borders to assail her or hers."
I take the liberty of
transmitting, through you, to the Convention, a copy of the remarks
I had the honor to submit on the occasion.
What seemed to me the greatest obstacle to the immediate co-operation
of North Carolina with the "Confederate States," was the
belief entertained by the larger number of her citizens that the
"Peace Conference," (so called) then in session at Washington city,
would grant the demands for new guaranties in the Constitution
made by Virginia and North Carolina that their recommendation
would be Sanctioned by the Congress of the United States, and
adopted by the requisite majority of the States remaining in the old
Confederacy to make it a part of the Constitution, and that upon
this basis an entire reconstruction of the Union would be affected.
In combatting this view, I ventured the opinion that so
far as the action of the "Peace Conference" and Congress
was concerned, this confidence would be disappointed; but
even if it was fully met and sustained, it would not be acceptable
to the States that had seceded, that they had no objection
to the old Constitution, which, when properly interpreted and fairly
carried out, was adequate to secure all the objects for which it
was formed; that there could be no more solemn or binding
convenants than those contained in that instrument,
the fault was not in the law but in its
execution. We could not expect the Northern people
to observe new compacts better than they had observed
the old; that they would have to be re-educated; their
morals would have to be reformed, and their very natures
changed before we could again give them our confidence;
that so far as we were concerned the separation was "final
and irrevocable," and the people of North Carolina were
therefore reduced to the necessity of choosing between an
alliance with the North or with the Confederate States of
America. I was fully justified in my statement as the disposition of
our people to reconstruct, by the declaration made by the able
Commissioner sent by the Legislature of North Carolina to the
Southern Congress at Montgomery, who reported from ample
means of information, contemporaneously with my arrival at Raleigh, that
the persons in the Confederate States, in favor of such a measure,
constituted an exceedingly meagre minority.
That I was right as to the action of Congress and the
"Peace Conference," subsequent events have fully established.
I have delayed this communication that I might lay before
the Convention the result of the election which took place in North
Carolina on the 28th ult.
The question submitted to the people by the act of the
legislature was whether they would call a Convention. Those
voting for a Convention were generally understood
to be in favor of separate State action as a step preparatory to co-operation
with their Southern sisters. The short time that elapsed
between the passage of the act and the election precluded
the possibility of anything like a thorough canvass of the State; in
fact, it is only within the last ninety days that the subject began to
be agitated in public meetings. The friends of separate State action
were then few, but now they number nearly fifty thousand. Their
defeat in the recent election by a popular majority of less
than one thousand gives us no reason to feel discouraged.
The election occurred on the day after the "Peace Conference"
adjourned, and I am informed from sources entitled to
the highest credit, that the result was brought about by
dispatches sent to the central and western portions of the
State, announcing that the "Conference" had agreed upon
a satisfactory adjustment, which would certainly be adopted
by Congress. If such means were resorted to, we can only
calculate with greater certainty upon the reaction which
will occur in popular sentiment; indeed it is now said that
the reaction has already taken place, and that the advocates
of separate State action and an alliance with the South
have a decided majority of the suffrages of the State. A
delegate to that Conference, who, prior to its meeting, was
an ardent friend of the Union, has, since his return, stated
to his constituents that their propositions for amendments
to the Constitution, were, five distinct times, voted down
by large majorities, and that in lieu thereof (as is apparent to every
one at all acquainted with the scheme proposed)
that they were thereby prohibited from exercising the right
they now have of going into the territories north of 36 deg. 30 min.
north latitude with their slaves, while their right to emigrate with
that species of property to the territories south of that line will
depend upon the interpretation placed upon the common law by
judges deadly hostile to their interests, insult is added to this
certain exclusion by demanding
the recognition by the Southern States remaining
in the old confederacy, of free blacks as citizens of the
Northern States which they inhabit and by extending to them
all the rights and privileges of citizens of the several States;
this plan has rendered the fugitive slave law (already an insufficient
protection to the rights of the South) worse than a dead letter, by
guaranteeing payment to the owner of the slave out of the Federal
treasury, whenever such a fugitive is withheld from the custody
of his master by the action of a Northern mob or Northern State
laws and tribunals; thus holding out a direct inducement to the
abolitionists to free the slaves of those people and to compel them
to use their own means, at least in part, and in great
part, too, to compensate themselves for their losses. This scheme
was voted against by North Carolina, Virginia and Missouri in the
conference, and the delegate above alluded to has advised his
constituents that their only safety is in a
Union with their Southern sisters. I believe, from all that
I can learn, that a very large majority of them are agreed
with him as to the character of this concession, and that they
only await an opportunity to give effect to his sound and
patriotic advice. Delay in this respect must result in material
injury to the State in the loss of its slaveholding
population, with the property held by it, which will seek
safety by emigrating to and settling in the Southern Confederate
States. Under these circumstances I cannot doubt
that an opportunity will be afforded at an early day to the
people to vote again upon the subject, and when the vote
is taken, I have still less doubt of what will be the popular
verdict. I therefore confidently anticipate, in a very short
time, the co-operation desired and invited by Georgia, and
that we shall have the happiness of welcoming with open
arms and joyful hearts, our honored and loved sister to our
new and better Union.
I have the honor to subscribe myself,
Very respectfully
Your obedient servant,
SAMUEL HALL.
To HON. GEORGE W. CRAWFORD,
President Convention, Georgia.
Page 348
REMARKS OF SAMUEL HALL, ESQ., Commissioner from Georgia, before the General Assembly of
North Carolina, on February 13th, 1861.
Messrs. Speakers and Gentlemen of the General Assembly:
Although I cannot with many of my fellow citizens, greet this
good old commonwealth as the land of my birth, yet with still
greater numbers of them, I can claim her as the home of my
ancestors, and participate with just pride in her historic fame. I may
felicitate myself upon being commissioned in this second crisis of
our liberties, to a people who were the first to take open and decisive
ground against unconstitutional taxation--who first proclaimed the
principles of American independence, and upon whose soil the arms
of the soldiers of liberty were first crowned with victory. To the
descendants of such men I confidently make my appeal, and in
bearing to this General Assembly a message from her ancient
confederate, and ally, and in asking her co-operation in the important
step we have taken in common with several others of our sisters, I need
hardly assure her that Georgia has no disposition either to dictate
or offer unsolicited advice.
These two States have been ever united by the closest ties--no
rivalry in the past has sprung up between them, and their amicable
relations have never been disturbed. To you we are indebted for no
inconsiderable portion of a population which we flatter ourselves
has not deteriorated by being transplanted, and which we can truly
say is no discredit to the kindred and friends they left behind them.
Shoulder to shoulder Georgia and North Carolina marched through
the revolution--they joined their counsels and united their wisdom in
forming that compact of government called the Constitution of the
United States, and were mainly instrumental in procuring
provisions in that instrument for the increase and protection
of slavery. Thus connected and bound to you, Georgia would have
deemed herself deficient in the courtesy and the respect she owes you
not to have given you timely information that she had dissolved
her connexion with the late United States of America, and
resumed the powers which she had delegated to
that government, and to invite you to co-operate with her and
other States that have or may hereafter secede from the Union in
the formation of a Southern Confederacy.
She will welcome you back to her warm embrace, and on account
of the brief separation, feel only the more near when you return.
She assures you that among her citizens
"There are eyes will mark your coming,
And look brighter when you come."
She knows she can suffer no peril that does not equally assail
you--that your interest is her interest--your honor
is her honor--your cause is her cause, and that the same destiny, be it
"gloomy or bright," awaits us both. She therefore asks to lay before
you, through her humble Representative, the causes which have
impelled her to this separation, believing that they carry with them
the force and dignity of truth, she indulges the hope that they will
strike the great popular heart and mind of your State as they struck
hers, and will result in harmonious and united action upon the part
of her Southern sisters. In dissolving our connection with the late
government of the United States we claim not to have overthrown
the work of our fathers, but that our northern confederates seized
with unfilial hands the pillars of the Constitution and overthrew
the temple of our liberties. No act of bad faith has stained our
escutcheon. We have kept the covenants of our fathers, and with
the blessing of a kind and favoring Providence, we will, out of the
same materials, reconstruct the noble old edifice. The government
had scarcely been put into operation before our peculiar property
was sought to be assailed in the Legislature of our General
Government by a class of persons, who, however meek and gentle
they may have been, and however blameless their lives in other
respects, certainly contributed nothing to the establishment of the
republic. This appeal was made to men fresh from the battle fields
of the revolution, and well apprised of the scope and meaning of
the Compromises contained in the Constitution and bond of our
Union, and hence as might have been anticipated, was unsuccessful.
It was necessary to the increase of our strength and the
consolidation of our power as a people, that we should acquire
from France the vast territory extending from the mouth to the
sources of the "Father of Waters," and in 1803 the Louisiana
territory became by treaty a portion of our rich domain. In every
foot of this territory the right to hold slaves existed, and this right
was distinctly recognized
and its protection guaranteed by an article of that treaty. That
there was opposition to this measure, it would be idle to deny, and
opposition, too, on account of the protection afforded to slavery;--
but this opposition was confined to the people of New England,
who seemed to be unmindful of the rich benefactions conferred
upon all the States, by Georgia, North Carolina, and Virginia, in the
donations of their vast public territory to the General Government.
Again, in 1812 the commerce of the Eastern States was attacked by a
foreign power, and almost driven from the ocean. We of the South
had little pecuniary interest in the contest, but it involved our
honor, and against their protest we went to war with the mistress of
the seas, and the laurel crowned fields of New Orleans stand to-day,
as it will through all time, the vindication of the one, and
the protection of the other. Nor did our liberality stop here. Not
content with giving them a monopoly of ship-building and the
coasting trade, we stimulated and encouraged their industry by
bounties upon their pursuits. The war which terminated so
gloriously, had crippled, and to some extent, exhausted their
resources and embarrassed their manufacturing interests; again we
taxed ourselves for their benefit, and sought by another generous
sacrifice to augment their prosperity.
In 1820, a State formed out of the Louisiana Territory, in which
our rights as slaveholders were recognized and protected by the
supreme law of the land, presented a Constitution Republican in
form and asked for admission into the Union upon terms of
equality with the other States. How were her advances met by our
Northern confederates, by these people upon whom we had so
generously lavished benefits and boundaries? Was her advent
greeted with sisterly affection and a grateful sense of the favors
which the South had bestowed? No; she was scowled upon and her
approaches repelled! We were told that her Constitution
recognized slavery, and that she could not be admitted except
upon conditions degrading to the equality of her
Southern sisters. Borne down by superior numbers, the
South was compelled to succumb, and Missouri was rejected,
except upon the hard and unconstitutional restriction,
that slavery or involuntary servitude, except for crime,
should be prohibited in all that territory north of a certain,
geographical line--a restriction which alarmed the fears
and filled with apprehension, "like a fire bell in the night,"
the wisest and most sagacious patriots of the land. But our
degradation was not complete, the cup of our humiliation
had to be drained to the dregs. So opposed were these men
to a recognition in any form or to any extent of our rights,
that before the ink which recorded the so-called compromise
was scarcely dry, they violated, if they did not repudiate,
their own proposition, and a second time kept this
star from our federal constellation. The pretext seized upon
to effect this object was most extraordinary. The constitution
of that State contained a provision to prevent the
introduction of a free negro element in her borders. This
it was pretended was a denial of the rights of citizens of
some of the States, and consequently a violation of that
clause of the Constitution of the United States which provides
that the "citizens of each State shall be entitled to
all privileges and immunities of citizens in the several
States." But as monstrous and unfounded as was this claim,
it would have been successful but for the indomitable courage,
matchless eloquence and consummate statesmanship of
HENRY CLAY, who resorted to the device of transferring this
question from the decision of Congress, to the determination
of the President of the United States, and instead of coming
into the Union in the ordinary manner by act of Congress,
Missouri was admitted by Executive proclamation. All this
did not appease the insatiable
appetite of our Northern foes. Our power had to be limited, and our
influence in the Government destroyed, to enable them fully to
compass their ends. The agitation was kept up by resolutions
introduced into Congress to sanction, and by artful attempts to draw
from the Supreme Court of the United States an opinion approving
this outrage. Our people determined to abandon
this hopeless contest in Congress, and resort to their State
Governments for redress. Gov. Troup, after noticing these
attempts, alledged that we compromited our dignity by
discussing the question, and having declared the "argument
exhausted," adjured us "to stand by our arms." The Federal
Executive and Congress, from past experience of his determination
and spirit, knew this was no idle menace, and
that they had to deal with a ruler and people who would
not readily yield a position they had deliberately taken.
The check given by this stern determination was only momentary
in the life of a nation--faith was broken with one
sovereign State through her treaty stipulations with the
Federal Government.
An attempt was made to influence the legislation of another, and
compel her submission to the most onorous impositions and
burdens by federal troops. It was then discovered that the
Constitution was not a compact, but formed a consolidated
government, and upon this perverted view of our institutions, the
liberties of this country would have perished, had not the clear
discrimination, the great analytic powers and unsurpassed
reasoning of JOHN C. CALHOUN been pressed into our service.
With heroic courage he breasted the storm and single and unaided,
except by the powers of truth, of justice and of right, constitutional freedom
triumphed in his person over the combined powers of the Federal
Government; the artifice, education and talent of the North--the
touch of his blade, like the spear of Ithuriel, caused the fiend to
tremble, and for a time allayed the demon. The cloven foot soon
again displayed itself. Excuses to justify outrages are never
wanting, and the inventive resources of our Northern friends,
when they seek to assail our rights or drain our substance, are
inexhaustible. They become suddenly enamored of the right
of petition--devoted to the liberty of the press and the freedom
of speech, and in order to test whether these justly
prized rights were in danger, flooded Congress with a batch
of incendiary petitions, praying the abolition of slavery in
the District of Columbia, the forts, arsenals, dock yards and
territories, and the interdiction of the trade in slaves between the
States. The signers of these petitions--those who were prominently
put forward in this agitation--were
without talent and destitute of influence. They were only the
advance guard of the main army which was lying in ambush. They
were treated with neglect if not with scorn.
But John C. Calhoun again saw the elements of their power, and
warned his countrymen against their insidious approaches--he
clearly predicted each step that we would
take in our progress to ruin; and so identical are his vaticinations
with the circumstances that now surround us, that one
ignorant of the facts under which these oracles were uttered,
would suppose that he was recording the events of these times.
He partially succeeded in his remedies by securing a rule which
prohibited the reception and consideration of these petitions,
and the passage of an act, making
it penal to circulate through the mails such documents and
prints as the laws of any of the States forbid. But in the
endeavor which he made to declare the rights of the States
upon the subject, and to prescribe the duties of the general
government in relation thereto, he was not successful, and
failing in this, these fanatics whose ardor no defeat could
crush, took fresh courage--their numbers began to multiply,
and their influence to strengthen with their numerical increase.
Ambitious parties sought to propitiate them, and
availing themselves of their position, they would by their
votes cause the triumph of that faction which was most
likely to increase their power. In this mode they obtained
influence to remove the barrier which denied them access
to the halls of Congress, and once having gotten admission
their, there inflamatory doctrines found a way, at the public
expense, to the popular mind through the printed proceedings
of that body. Upon the annexation of Texas they
renewed the struggle, and to soothe the Northern mind we
consented to apply the Missouri restriction to that territory. Then
came the Mexican war, and with our victory in that war an immense
accession of territory. Foreseeing the result of the struggle, while
opposing the progress of our brave soldiers at each advance by
witholding necessary supplies, and praying that they might "be welcomed with
bloody hands to hospitable graves," they nevertheless struggled
to appropriate to their exclusive use, not only the territories
then held by us, but also those that might fall to our share as the
conquest of our arms, and the achievements
of our diplomacy. Hence they succeeded in excluding
slavery from Oregon, and also endeavored to make slavery
exclusion from all the territories the condition of supplies for
carrying on the wnr. The exclusion from Oregon was acquiesced
in under protest, because the South believed from the
geographical position of the country, and the character of the climate,
there was nothing practical in the question.
This was a conciliatory but mistaken policy. It was not
the policy that determined the action of our fathers under
similar circumstances. The tax upon tea was not oppressive--they
would have felt little inconvenience in paying it,
but it was tribute exacted by a government in which they
had no voice. And rather than submit to the imputation
its payment would have implied, they flew to their arms
and vindicated their rights at the expense of their blood
and treasure. But concessions did not satisfy their cupidity--their
appetite grew on what it fed--and they pursued
the same policy in reference to the remaining territory.
They only failed in the application of their means--to succeed
in effecting their ends by expedients, if not so bold
and offensive, almost, if not quite as effective. Through
the agency of a horde attracted to the Pacific shores, from
every clime and country, of every complexion and tongue,
in violation of the laws of the land, they seized upon the
mineral treasure of California, in assembling themselves
in Convention at the invitation of a military officer, a servant
of the general government, formed a Constitution by
which your labor was excluded from employment in the
richest mines of the earth; and as a reward for their disobedience
and contempt of right, and in defiance of law,
presented themselves and boldly demanded admission into
the Union upon terms of equality with the other States;
and but for their avowed determination to apply a like
fraudulent and violent process to the remainder of the territory
obtained by the treaty of Goudaloupe Hidalgo, it is
to be greatly feared that the government would have complied with this
demand. But the South having suffered
from the active operations of "the underground railroads" in
spiriting away her slaves, desired a more effectual remedy for
the return of these fugitives, and in a spirit of devotion
to the Union, for which she had made heavy sacrifices,
not only gave up her rights in California, but also consented
to the abolition of the slave traffic in the District of
Columbia, and appropriated $10,000,000 from the common
treasury to purchase, for Northern settlement, 40,000
square miles of territory from Texas, which by the terms of the
resolutions of annexation, had been solemnly devoted
to our use. She got only in return a fugitive slave
law, which has never been observed and enforced as it
should have been, but which has been trampled under foot
by Northern mobs, and nullified hy Northern courts, executives
and legislatures. Our citizens, in pursuit of their
rights under that law, have been murdered in cold blood, or been
subjected to degrading confinement and association in
penitentiaries with the vagabonds and felons that fill those prisons.
It is also said that we obtained a recognition of the doctrine of
non-intervention in the territorial governments then formed. This,
however, in the opinion of many of our ablest statesmen and
constitutional lawyers, is doubtful.
In this compromise, the South, for the sake of peace, and in the
hope of allaying agitation, again acquiesced. Georgia, with others
of her Southern sisters did so reluctantly, and only upon
conditions which, at the time, met the unqualified approval and
warm applause of all people, both at the North and South, who
now claim to be conservative. Georgia's people, in Convention
assembled, resolved that they would "resist even as a last resort to
the disruption of every tie that bound them to the Union" any attempt to
impair or abolish the right of property in Slaves in the District of
Columbia, and other places over which the federal government
had exclusive jurisdiction; the rejection
of any State applying for admission into the Union, because of
the recognition of slavery in her constitution; any interference
with the slave trade between the States, and any failure to execute
faithfully the fugitive slave law; and for a time we were encouraged
with the belief that these conditions would be observed.
The legislation of 1854 repudiated the Missouri restriction as
incompatible with the territorial legislation of 1850, and as being in
conflict with the Constitution, and opened
the territories to our admission with our property. This
indicated a returning sense of justice upon the part of our
northern confederates, and was the harbinger of better
times. But these hopeful signs were soon dissipated,
What should have allayed only increased excitement, and
the storm at the north broke forth with ten-fold fury. The
pulpit thundered its anathemas--the press teemed with
denunciations--the lecture and school room swelled the
chorus of bitter invective and hate--the vengeance of God
was invoked by those who should have been the ministers
of peace upon the heads of our Congressmen--while Senators
and Representatives had their way from Washington
to their homes illuminated by the flames of their burning
effigies--the votaries of every exploded political theory
and every dangerous experiment in government or society,
however widely they differed as to their own conflicting
tenents, struck hands here and entered upon a crusade
against our rights. Under the sanction of Northern legislatures
Northern capital was concentrated, and the sweepings of
Northern cities, aided and augmented by men of depraved mortals
and desperate habits, were gathered together and marched in
bands to possess themselves of territory devoted to the common
use and drive out our Southern settlers. They laid waste the lovely
plains of Kansas, and the whole territory presented a scene of
assassination, murder and pillage. No life, however blameless, no
innocence however helpless--no age, however venerable--no virtue,
however illustrious, availed to stay this
tide of carnage and violence; and when these brutal and
inhuman acts provoked a just vengeance, the whole country
rang with the cry of southern atrocity and lawlessness. An appeal
was made to put down what was styled "the barbarism of slavery,"
and "the sacred animosity" of the North was thoroughly aroused.
A party composed of this material assembled in Convention and
adopted a platform which lowered slaveholders to a level with
those sunk in the grossest vices, and addicted to the basest
immoralities, and placing upon it as their standard bearer a mere
political adventurer, boldly entered the contest for the
possession of the government. It was only after a most
unparalleled struggle that two of your most prominent and experienced
statesmen were saved from a disastrous defeat, and the
government rescued for a time from the fearful vortex threatening
its destruction. This result did not discourage these forces--it did
not even break their ranks--they returned to the charge, animated by
fresh courage. They were assured of a strength of which they
had not before been conscious.
An irrepressible conflict between free and slave labor
was proclaimed--a law higher than the constitution, and
more sacred than the teachings of holy writ was discovered.
Predatory bands were marched into peaceful communities to
excite insurrection--apply the midnight torch--
rob and murder--to destroy the means of subsistence--to
poison the wells--to alarm our sleep--to render life a
burthen, by making it insecure, and when the desperadoes were
arrested and punished, they were elevated to the
honors of martyrdom; all the restraints of religion were
cast aside, and the crucifixion of the Savior of mankind
blasphemed by impiously comparing with it the execution
of a cut throat and a thief. Those conspirators who made
good their escape, found asylum and protection from
Northern executives, who, in violation of their oaths, refused
to surrender them on demand.
Among a people not dead to all sense of virtue and decency,
such a party could not prevail. But their strength lay in their vices;
they assembled themselves in conclave; proclaimed the social and
political equality of the black and white races; assumed superiority
over you by putting
you and your property under the ban; brought out their leader; met
you face to face in battle array, and in the contest were victorous--thus
sanctioning and sustaining, by both a popular and electoral
majority of the Northern vote, these enormities, with certain assurances
that they will be prosecuted in the future with increased aggravation.
Are such wrongs to be endured? Our people have answered in
the negative with one voice. They were all for resistance in some
form. They only differed as to the mode and measure of redress,
and the time of its application. A majority of them dispaired of
repressing this conflict in the Union, and were therefore prepared to
"repel it" out of the Union. To the minority, the voice
of the State was as the voice of God; they yielded a
graceful and ready obedience to the sovereign will, and
gave their pledge (which I doubt not they will nobly and
promptly redeem) to defend their homes, and all a freeman
can hold dear with their "lives and fortunes." In this
measure we did not act hastily--our forbearance had been long--our
endurance great. In 1850 we solemnly warned
our northern confederates of the consequences of another
aggression upon our rights. This warning they treated as
the idle wind which they regarded not, and by their action
precipitated a contingency upon the happening of which our
honor pledged us to resist. But even under these circumstances
we made a last appeal to them to acknowledge our rights and
guarantee us the protection for which we had stipulated in the bond
of our Union. This was spurned, and we had recourse to our
reserved rights for our future safety and protection. In resuming
these powers, while we hoped to have peace, and coveted no
armed conflict with any of our late confederates, yet, if they so
will it, we are prepared to meet and repel it. The mode and measure
of redress adopted by us, we respectfully
maintain is neither revolutionary or treasonable, but
constitutional, regular, lawful;--and should therefore be peaceable.
We know the law abiding disposition of your
people--we understand and trust, habitually cherish with you a loyal
submission and dignified obedience to rightful authority--but only
to rightful authority; for men who will not defend their rights and
repel aggressions, will never render
justice to others, or make faithful citizens themselves.
Knowing this, we will briefly present the ground
and reasons that sanction the remedy adopted.
Prior to the Revolution, the Colonies were separate and
independent communities, bound together by no political tie; as
such they commenced the Revolutionary war--they
declared their independence, being careful in the declaration
to reserve to themselves all the rights, privileges and
powers that pertain to free and independent States. As free and
independent communities they subscribed and adopted the articles
of Confederation under which all their external intercourse was regulated
during that period. At
the close of that conflict, the Government with which we had lately
been at war, by the treaty of peace recognized the freedom,
independence and sovereignty of each of these States. The
Congress of the Old Confederation passed a resolution
requesting the States to send delegates to Philadelphia for the
"sole and express purpose of revising the articles of
confederation."
They did not intend that that league should be superseded by an
entirely new and different form of government, and the States
acted in sending their delegates with the same purposes and views
as is apparent from the tenor and effect of their commissions. In the
Convention various schemes of government were proposed,
prominent among these was that offered by Edmund Randolph of
Virginia, which sought among other things to invest Congress
with power "to negative all laws passed by the several States,
contravening, in the opinion of the National Legislature, the
articles of Union, or any treaty subsisting under the authority of
the Union, to call forth the force of the Union against any member of
the Union failing to fulfill its duties under the articles thereof."
The unanimous rejection of this proposition establishes that the
Government about to be formed was not a NATIONAL OR
CONSOLIDATED GOVERNMENT--that the Legislatures of the
States were not to be subject to the control of the Federal
Legislature, and that no State failing in the opinion of the Congress to discharge its
duty to the General Government was liable to coercion.
The constitution, being perfected by the convention, was
reported to the Federal Congress, to be by that
body submitted to the several States for their ratification.
In the letter of the President of the Convention, transmitting its
labors, the Government proposed to be formed is styled in one
place, the "GENERAL GOVERNMENT OF THE UNION," and in
another the "FEDERAL GOVERNMENT OF THE
STATES." But, notwithstanding these careful and guarded
designations of its character, emanating from one incapable
of deception or falsehood, who had just successfully established
a claim to the veneration and respect of the
world and the gratitude of his countrymen, the fears of
many of the ablest and most patriotic in the State Conventions
were aroused, lest the scheme might destroy the
sovereignty and swallow up the rights of the States. In
reply to an expresssion of such fears in the New York
Convention, Gen. Alex. Hamilton, than whom no leader of the
party advocating a strong government is entitled to be held in
higher esteem, for his learning and ability, candor
and boldness, said: "It has been well observed, that to coerce
the States is one of the maddest projects that was ever devised. A
failure of compliance will never be confined to a single State. This
being the case, can you suppose it wise to hazzard a civil war? Suppose Massachusetts,
or any large State, should refuse, and Congress
should attempt to compel them, would they not have
influence to procure assistance, especially from those States
in the same situation as themselves? What picture does
this idea present to our view? A complying State at war
with a non-complying State; Congress marching the troops
of one State into the bosom of another; this State collecting
auxiliaries, and forming a majority against its federal
head. Here is a nation at war with itself.
"Can any reasonable man be well-disposed towards a
government that makes war and carnage the only means of
supporting itself--a government that can exist only by the sword?
Every such war must involve the innocent with the guilty. This
single consideration should be sufficient to dispose every
peaceable citizen against such a government. But can we believe
that one State will ever suffer itself to be used as a means of
coercion. The thing is a dream, it is impossible." The constitution
was ratified by New York, but upon the express condition that her
people reserved the right of resuming the powers delegated
whenever their happiness should require it. Virginia accompanied
her ratification with a similar condition; and after all the other
States had ratified the constitution, Rhode Island acceded to the
Union and completed the galaxy, upon the very terms on which the
ratification of New York was accepted. If the government was a
consolidation, these reservations were impossible. The men who
framed the constitution and put the government into operation
regarded them as an indication over-caution, because the very
right reserved would necessarily result from the nature of
the compact. They meant to enable these three States to
retain no right or privilege which the others had not. This
at once would have destroyed the equality of the States,
and sapped the very foundations of the government; so that
we may conclude that these conditions were accepted in
good faith by each and all the States, and the rights reserved
by one enured equally to each and all. But notwithstanding
these indisputable facts in our history, a portion of the
party in the Convention who wished a stronger government
endeavored to accomplish, by indirection, what they
had failed to secure by the use of open means; and soon
after the government went into operation, they sought to
enlarge its powers by a latitudinarian construction. They
appealed to all the departments of the government, and
were successful in having their interpretation adopted by
the legislative and judicial departments. The first apportionment
bill which treated the population of the States
as a consolidated mass fell under the Executive veto of
General Washington. The next effort at coercion was
made by Mr. Edmund Randolph, then Attorney General of
the United States, who selected Georgia as his victim, and
sought to dwarf her sovereignty by dragging her for judgment
to the foot stool of the federal judiciary. She scorned
the attempt--refused by any act of hers to recognize the
supremacy of a jurisdiction she had aided in creating.
None could be superior to sovereign power. She put in no
appearance, and was represented by no council--judgment
was awarded against her, but, no attempt was made to enforce
it. One on that bench, like Abdriel, "stood faithful
among the faithless," and rising in proud supremacy of intellect,
in deep learning and comprehensive statesmanship
above his compeers, James Iredell, of North Carolina, in a
dissenting opinion which will live as long as the principles
of rational freedom have admirers, rescued our liberties
from their imminent peril. He alarmed the fears of the
people, and they made haste to provide new safeguards.
Thanks to him, an amendment to the constitution was adopted,
which, properly understood and faithfully carried out,
would have forever afterwards effectually protected the States
from similar assaults upon their power and dignity. In no
subsequent attempt which has been made has the General
Government ever succeeded in executing process against a
State where resistance has been offered. The framers of the
constitution were wise and sagacious men, and would not have
omitted to provide a remedy for the enforcement of a right clearly
and "expressly delegated," or "necessary and proper" to carry it
into effect. The absence of the
remedy is conclusive against the existence of the right; and yet
those States who have provided for their safety, and have put their
household in order, are threatened with invasion! Will you submit
to have Federal troops march through your State to subjugate
those who are only asserting and maintaining the sacred right of
self defence? [Loud cries, Never, Never.] No, never, that is the word;
never will I believe it until I see it--so help me GOD!!
This --
"is no more your country; but an impious
Crew of men, conspiring to uphold their State
By worse than hostile deeds--defeating the ends
For which your country was a name so dear;"
and you are asked to contribute to the degradation and ruin of
those who are bone of your bone and flesh of our flesh. You
cannot and you will not forget the "noble deeds of daring high" of
a common ancestry, whose blood enriches and hallows every
battle-field from Germantown to New
Orleans. But it has been said that we should wait! Our rights will
be conceded to us in the Union--we can procure further
guaranties by constitutional amendment. The expectation
is vain--time after time, an acknowledgment of
your rights has been refused. There is no fault to be found
with the old constitution--that was amply sufficient, if
faithfully observed, for every emergency! No more sacred
or binding obligations can be devised than those therein
contained--but the cry is still wait? Yes, wait until the
torch which is applied to your dwelling shall wrap it in
flames! Wait until the assassin has discharged the fatal contents
of the deadly blunderbuss now leveled at your breast--wait until
life is extinct and resistance vain! While
I appreciate the motives and admire the talents of those now engaged
in a patriotic endeavor to reconstruct the old Government, I
must be pardoned for expressing the belief that their "Conference"
will end in nothing--the people with whom they have to deal
have deceived us repeatedly.
"That was their fault." We thank God we are now free
from them, and it ever "they deceive us again, it will be
our fault." Our people have no doubt they may grant all
that is asked by the border slave States? But how will
they keep their plighted faith? We can only judge of the
future by the past, and our experience warns us against
another connection. You would have to re-educate them, to reform
their morals and change their very nature before we could give
them our confidence. Our separation is final and irrevocable.
This night you have to choose between a Northern alliance and a
union with the new-born republic--THE CONEEDERATE STATES OF
AMERICA. You may not come immediately, but eventually, and
I trust at no distant day you will be with us. Appeals have been
made to your fears--you have been urged to resist this natural and homogenious
alliance for the reason that it was the design of the Cotton
States to re-open the foreign slave trade. Since 1798 the
Constitution of Georgia has prohibited this traffic, not because
we believed it immoral or unjust, but because we
doubted its influence upon our material interests. No considerable
portion of our people have ever favored the policy
of reviving it, while many of them have been opposed to
the federal legislation upon that subject, for the reason that
they regarded it as the exercise of powers not delegated, and
because of the stupidly cruel and severe penalties inflicted
upon an act not intrinsically wrong, but only rendered so
by politic considerations. Desiring to assure you of our entire
sincerity in relation to the matter, our Convention instructed
our delegates to the Southern Congress to have this prohibition
inserted in the constitution for the new Confederacy. This, I am
happy to say, as you already
know, has been done. In this great movement we prefer
the cordial co-operation of the border slave States to the
doubtful profits of this commerce for all coming time. Go
on, and continue to raise the supply of labor, and we will
provide for our wants, in your market. We could have influenced
your action by prohibiting the introduction of your
slaves into our midst. We could have increased them in your
borders by this restrictive policy, until they would
have become worse than valueless to you. We were unwilling
to constrain the action of a free people. We were averse to
inflicting loss and injury upon those who had never shown us aught
but kindness. We would imply no doubt by our course, of the
fidelity and patriotism of our brethren. All your material interests
must be promoted by your
speedy union with us in the new government. The princely
treasures which have hitherto been lavished with a generous
hand upon ungrateful New England, will be poured into
your lap. Your unappropriated water-falls will resound
with the hum, and be made glad with the songs of laborers.
The music of the shuttle and the loom will cheer the spirits
and augment the comfort of your increased and increasing
population. The idle will be employed, and the unproductive
become a valuable and productive citizen. Diversity of pursuits
will bring increased skill and production,
and along with them greater splendor and power. Your
undeveloped mineral resources will be brought to light, and
your uninhabited mountain slopes filled with a hardy and
industrious people, will smoke with forges, and blaze with
furnaces. The borders of Canada will then be more remote
from you than at present, and there will be fewer facilities
for the escape of your slaves. But for the unnatural opposition
of those who should have been our friends, we
could have obtained treaties of extradition from all the
governments with whom we held intercourse. Upon the
part of any foreign government the practices of the Northern
people in reference to our slave property, would have
been causes of war, and no foreign government has ever
ventured to tamper with or invade our rights.
We have only been restrained by Constitutional obligations
from making speedy and effective reprisals upon
those who violated the bargain and thereby released us
from its obligations. Thank Heaven, we are foreigners to
them now, and when you place yourselves in our situation,
they will respect your rights. They have never been
known to engage in war, unless it would put money in
their purses, and are not going to brave its hazzards to
wrest from you a piece of property which they cannot use
to advantage, but which, under their institutions, becomes
a curse and a nuisance. They cannot blockade our ports
and cut off our trade. We have that upon which the
stability of every throne in Europe rests, and upon which their own
prosperity depends. Free trade as to the rest of the world, and
restrictions upon their intercourse would
soon compel them to restore and to keep the peace. We then
earnestly exhort you to join us in the accomplishment of the most
glorious destiny that ever awaited a people. With nothing of
inconvenience but temporary embarrassment, the not distant
future is radiant with prosperity and renown.
Glory awaits us--power and freedom are within
our grasp. When we go hence our children will never reproach us--but
far in the distant future the happiness will be theirs to look
around upon a land smiling with plenty, and upon a people united
and happy.
"Zealous, yet modest--innocent, tho' free--
Patient of toil--serene amidst alarms--
Inflexible in faith--invincible in arms."
Report of Dr. W. C. Daniell, Commissioner from Georgia to
Kentucky.]
DECATUR, February 25th, 1861.
The Hon. G. W. Crawford, President, &c., Bel Air.
SIR: The original Commission, duly issued by you having been
miscarried, I received a duplicate on the 7th inst. In the meantime I
had seen a statement that the Legislature of Kentucky, to which I
was accredited, would adjourn on the 6th inst. When I received
your commission the State Rail Road, over which I must go to
Kentucky, was owing to extreme damage caused by recent heavy
rains, impassable. I left home on the 13th Inst., and reached
Frankfort, Kentucky, on the 15th inst. I learned that the Legislature
did not adjourn until the 11th inst. No Convention having been
called, in the absence of the Legislature, I addressed myself to the
Governor of Kentucky. Having given me a frank and cordial
reception, he expressed much regret that I had not arrived in time
to make known my mission to the Legislature, as he thought it
probable that I might have prevailed to induce the convocation of a State
Convention. Referring his Excellency to the recent vote in Tennessee,
through which I had just passed, I suggested that perhaps
much had been gained to the cause of the South by the
necessary postponement of that question in his State until the
meeting of the Legislature, as by that time perhaps
those who had been sent to Washington by the border
slave States would probably learn that the elements of security, if
not of peace, were to be found within and not without their own
borders. The more recent action of Missouri and Arkansas has not
tended to impair my confidence in this suggestion. His Excellency
informed me that he would make known to the Legislature, when
reassembled on the 20th of March next, my mission and its purpose.
I remained in the seat of government, Frankfort, four days, during
which I was admitted to free inter-communications with Gov.
Magoffin, and he has placed me under acknowledgements for
many courtesies and civilities during my sojourn at Frankfort.
I reached this on my return from Kentucky on the 23rd inst.
I have the honor to be, very respectfully,
your very ob't. serv't.,
W. C. DANIELL.
Report of W. J. Vason, Commissioner from Georgia to
Louisiana.]
SAVANNAH, 15th March, 1861.
SIR: Concerning my mission as a Commissioner from the State of
Georgia in Convention assembled, to the State of Louisiana in
Convention assembled, I have the honor to Report, that starting on
my mission from Milledgeville the morning after my election as a
Commissioner, and traveling the most speedy and practicable route
to Baton Rouge,
the Capital of the State of Louisiana, I arrived in the city of New
Orleans on the 29th of January, 1861. There I learned that the
Convention of the State of Louisiana, which
assembled in Baton Rouge on the 23rd of January, after a session
of four days, had adopted an Ordinance to dissolve the Union
between the State of Louisiana and the other
States united with her, under a compact entitled "the Constitution
of the United States," and adjourned from that place to
reassemble on the 29th day of that month, in the city of New
Orleans.
On that day the Convention resumed its sessions in that city;
and I had an interview with a committee of that body, appointed to
receive Commissioners from other
States; at which it was arranged that I should be introduced
and make known the objects of my mission to the
Convention on the following day. Accordingly, the committee,
the next day, personally introduced me to the
Convention, and I am pleased to declare that I was
received with great cordiality, and with the respect and
consideration due to the State which I had the honor
to represent.
After an interchange of salutations, the President of the
Convention very respectfully invited me to address that body
upon the objects of my mission.
That duty I performed by exhibiting my Commission, which
accredited me as a Commissioner from this to that Convention, and
laying before that, the Ordinance of
Secession adopted by this Convention. I then briefly stated what
this Convention had done--defined the position which the State of
Georgia had assumed as an independent sovereignty in the family
of nations--invited the State of Louisiana to co-operate with her, and
all the seceding States, to form a Southern Confederacy upon the
principles of the Constitution of the United States, and presented
such reasons to the consideration of the Convention, as appeared
to me, pertinent and persuasive to that end.
The address was respectfully listened to--and was
received apparently favorably, by the Convention.
The President of the Convention, the day after my reception
handed me duly certified copies of "An Ordinance to dissolve the
Union between the State of Louisiana and other States," &c., &c.,
of "An Ordinance to provide for
the appointment of Delegates to form a Southern Confederacy,"
&c., &c., and of "a resolution in reference to the
navigation of the Mississippi river," with a request that I
should present them to this Convention as evidence of the
disposition and intention of the State of Louisiana to co-operate
with Georgia and the other seceding States in the
formation of a Southern Confederacy.
Those documents I have the honor now to present herewith to
this Convention.
It is my duty, and with pleasure I discharge it, to declare to this
Convention, that I found the Convention of the State of Louisiana
in perfect accord in feeling and sentiment with the State of Georgia
as to the objects of my mission, and that I was received and
treated with the kindest and most respectful consideration by the
enlightened and patriotic Convention of that noble and chivalrous
State.
In conclusion I tender to this Convention my sincere thanks for
the honor which it has conferred upon me, and
express the hope that the manner in which I have discharged the
delicate and responsible trust confided in me will meet the
approbation of this Honorable Convention.
All of which is respectfully submitted by
Your obliged fellow-citizen,
WM. J. VASON.
HON.GEO. W. CRAWFORD,
President of the Convention of Georgia.
Report of H. P. Bell, Esq.. Commissioner from Georgia to
Tennessee.]
Mr. President and gentlemen of the Convention:
I herewith report to you the result of my mission to the State of
Tennessee.
In discharging the duties imposed upon me by the commission,
I visited Nashville, the Capital, on the 9th of February last, having
been detained a week on the way by injuries to the Rail Road, and
found that the Legislature, which had been convened by the
Executive in extra session had adjourned on the fourth.
The act of the Legislature, calling the Convention, provided that
the question of "Convention" or "No
Convention" should be
submitted to the popular vote at the ballot
box. The result of that vote was a majority of ten thousand
against having a Convention. The only means, therefore,
of official communication with the people of Tennessee
left me, was with the Governor, to whom I presented
the ordinance of secession, and the resolution inviting the
co-operation of Tennessee, together with the other border
slave States, with the seceding States in the formation of a
Southern Confederacy.
I was kindly received by His Excellency Gov. Harris, who
deeply deplored the result of the election in Tennessee,
and warmly endorsed the action of Georgia in dissolving
her connection with the Federal
government. He expressed the opinion, that the withdrawal of
Tennessee from the government of the United States, and its
Union with the Confederate States of America was only a question
of time, and in this opinion other distinguished citizens, and
among them Gov. Henry S. Foote, who boldly vindicates the cause
of the South, concurred. The election was not regarded as
indicating anything more than the desire
which was felt, and the hope that was cherished by the
Union party, that the border State Convention then in
session at Washington would adopt some plan of adjustment,
of the pending difficulty, not only satisfactory to
the border States, but to the entire South. For the opinion was
entertained by many, that the Southern States had seceded with the
view of reconstructing the government, and the obtainment of the
constitutional rights and guarantees upon which they insisted, in
such reconstruction. I corrected this mistake as far as circumstances
enabled me to do so, and announced that the separation was final
and irrevocable, and that whatever line of policy Tennessee might
adopt in the future, this fact is to be regarded as settled. I
announced also, that the people of Georgia was a unit in
maintaining the action of this Convention in the adoption of the
Ordinance of secession. I assured those with whom I communicated
that it was a great mistake to suppose that the action of Georgia was
the result of a reckless popular impulse, but that it was the high
resolve of patriots, determined to die freemen rather than live slaves.
These assurances, together with fact that the
Southern States have repudiated the re-opening of the African
slave trade, and indicated the policy of raising revenue by duties
on imposts, and not by direct taxation gave our friends great
confidence in the success of the movement, and had a conciliatory
influence upon those hostile to it.
The opinion prevailed almost universily, at the time I
left Nashville, that the action of Tennessee would be
determined by the action of the border State Convention,
and of the Convention of Virginia. My own opinion is,
that Tennessee will be governed by Virginia upon this
subject, and that perhaps all the border slave States, will
be controlled by the same influence. Some, however, of
our more sanguine friends, entertain the opinion that the
next election, which will take place in August next, will
settle the question in Tennessee in favor of the South.
Upon the whole, my judgment is, that when the people of
that State realizes fully the fact that they are reduced to
the alternative of taking the chances of subjection to the
domination of relentless republicanism, or the enjoyment
of equality and independence with a great people
with whom they are identified in interest, institutions and
destiny, they will not hesitate to pursue that course, dictated
alike by honor and patriotism, and determine to unite their fortunes
and destiny with those of the Confederate States.
CONVENTION OF THE CONFEDERATE STATES OF AMERICA. Montgomery, Alabama, March 12th, 1861.
HON. GEO. W. CRAWFORD,
Savannah, Ga:
SIR:--
I herewith transmit to you a certified copy of the Constitution of
the Confederate States of America, as it was finally adopted by the
unanimous vote of the Convention; to be placed before the State
Convention over which you preside, for its approval and
ratification.
It will be seen that the Convention here have conformed
to the general wish of the people of these States, in adopting
a Constitution upon the general principles of the Constitution
of the United States. The departures from the
provisions of that instrument have been suggested by the
experience of the past, and are intended to guard against
the evils and dangers which led to the dissolution of the
late Union.
This Constitution is now submitted, with confidence, to the
State Conventions for their action.
TO DISSOLVE THE UNION BETWEEN THE STATE OF GEORGIA
AND OTHER STATES UNITED WITH HER UNDER A COMPACT
OF GOVERNMENT ENTITLED "THE CONSTITUTION OF THE
UNITED STATES OF AMERICA."
We, the people of the State of Georgia, in Convention
assembled, do declare and ordain, and it is hereby declared and ordained,
That the ordinance adopted by the people of the State of
Georgia in Convention, on the second day of January, in the year of
our Lord seventeen hundred and eighty-eight, whereby the
Constitution of the United States of America was assented to,
ratified and adopted; and also all acts and parts of acts of the
General Assembly of this State ratifying and adopting amendments
of the said Constitution, are hereby repealed, rescinded and abrogated.
We do further declare and ordain, That the Union now
subsisting between the State of Georgia and other States, under the
name of the "United States of America," is hereby dissolved, and
that the State of Georgia is in the full possession and exercise of all
those rights of sovereignty which belong and appertain to a free and independent
State.
GEORGE W. CRAWFORD,
President.
Attest: A. R. LAMAR, Secretary.
Passed January 19, 1861.
Page 374
AN ORDINANCE
To provide for the execution of sentences passed by the
Courts of the United States, within the limits of the
State of Georgia, and for the execution of process issued
by the same Courts, and to preserve indictments.
The people of Georgia, through their delegates in
Convention assembled, do hereby declare and ordain,
That all persons now confined in the Penitentiary of this State,
under sentence upon conviction for crime by any Court of the late
United States for the District of Georgia, shall continue in such
imprisonment until the full execution of such sentences shall have
been accomplished, in the same manner as if the ordinance of
secession had not been passed.
And it is further declared and ordained by the authority
aforesaid, That all persons now arrested or confined in the jails of
this State, under process from the said Courts of the late United
States, shall not be released or discharged by reason of said
ordinance, but shall continue under the said arrest or imprisonment
until discharged by due process of law. And all persons who shall
have heretofore given bail to answer to any warrant or other
process from said Courts, shall not be released from the obligation
of such bonds, but shall be (with their sureties) bound to appear
and answer to such Courts of this State as may be directed by this
Convention.
And be it further declared and ordained, That all indictments
heretofore found true in the said Courts, and not hitherto disposed
of, shall continue in full force and virtue until heard and determined
by the Courts to which jurisdiction thereof may be transferred. And
all process or warrant or other criminal proceeding issuing out of or
returnable to the said Courts, shall lose no virtue by reason of the
said act of secession, but shall be returnable to and executed in the
name of the Court to which jurisdiction may be given by this
Convention.
To declare and continue in force in this
State sundry laws of the
late United States of America in reference to the
African Slave Trade.
The people of Georgia in Convention assembled do hereby
declare and ordain,
That all the laws passed by the Congress of the late United
States of America and in force in this State prior to the 19th day of
January, 1861, in reference to the African Slave Trade, except the
fifth section of the act of 10th, May, 1800, and also so much of the
act of 15th May, 1820, as declares the offences therein specified
to be piracy, and in lieu of the penalty of death therein specified,
there shall be substituted imprisonment in the Penitentiary for a term of
years not less than five nor exceeding twenty, in the discretion of
the Court; be and the same are hereby declared to be in full force in
this State: Provided, the same shall not be construed to extend to the
importation of negro slaves from any one of the Slaveholding States
of the late United States of America, or from either of the
independent Republics of South Carolina, Alabama, Florida or
Mississippi: Provided further, the slaves so introduced from the
Slaveholding States of North America shall not have been imported
from beyond seas into such State, since the 20th day of December,
1860.
Be it further ordained and declared, That the Governor of
Georgia shall discharge all the duties required by said laws of the
President of the United States, and the Attorney or Solicitor General
of the Judicial District where the case arises, shall discharge all the
duties required of the District Attorney, and the Sheriff of the
county all the duties required of the Marshal.
Be it further ordained, That the State of Georgia shall be
substituted for the United States in every portion of the said laws,
where the substitution is required by the present independent
condition of said State.
Be it ordained by the people of the State of Georgia, in
Contion assembled,
That the Governor of this State is hereby authorized to raise
and equip a regular military force, and to employ the same in such
defensive service as the public security in this or neighboring
States may demand.
Such regular force shall not exceed two regiments of Infantry
and Light Infantry and Artillery, in such proportion as the
Governor may direct.
The Governor as Commander-in-Chief, shall appoint and
commission the necessary officers for these forces, selecting as far
as practicable, officers of the United States Army,
who may have entered the service of this State, according
to their relative rank, and all such commissions may be revoked,
whenever a Government shall be established by the
Southern States to which Georgia shall accede. The officers
and enlisted men, raised by this ordinance, shall receive
the same pay and emoluments, as are provided for
similar service by the laws of the United States.
And be it further ordained, That for the regulation of all military
matters, not otherwise provided for by the laws of this State, the
"Articles of War," and the Army regulations, declared and
established by the United States Government, as lately existing, are
hereby adopted, as far as applicable to the present condition of
this State.
To make Provisional Postal Arrangements in Georgia.
Whereas, It is desirable that there should be no disturbance in
the present postal arrangements in this and other States.
Therefore be it ordained, and it is hereby ordained and
declared by the people of Georgia, in Convention assembled,
That the existing postal contracts and arrangements shall be
allowed to continue, and the persons charged with the duties
thereof, shall continue to discharge said duties until a postal
treaty shall be concluded, or until otherwise directed.
Be it further ordained by the authority aforesaid, That
in case the Government of the United States, or its officers or agents
shall fail or refuse to execute said contracts, or carry on said
arrangements, it shall be the duty of the Governor of this State to
make all contracts, appoint all officers, and do all other things
which may be necessary to keep up sufficient mail facilities to meet
the wants of the people of Georgia, until otherwise ordered by the
proper authorities.
GEO. W. CRAWFORD, President.
Attest: A. R. LAMAR, Secretary.
Passed 25th January, 1861.
AN ORDINANCE
In relation to the inter-State Slave Trade.
Be it ordained by the people of Georgia in Convention
assembled, and it is hereby ordained by the authority of the same,
That all the laws relating to the inter-State Slave Trade
which were in force at the time of the passage of the
Ordinance of Secession shall be deemed and held to be still
in force.
To resume jurisdiction over those places within the limits of
Georgia, over which jurisdiction has been heretofore ceded to
the late United States of America, and to provide for
compensation to the said United States for the improvements
erected thereon.
The people of Georgia in Convention assembled do hereby declare
and ordain,
That the cessions heretofore made by the General Assembly
of this State, granting jurisdiction to the late United States
of America, over specified portions of the Territory within the
present limits of the State of Georgia, be, and the same are hereby
revoked and withdrawn, and the full jurisdiction and sovereignty
over the same are hereby resumed by said State.
Be it further ordained, That the buildings, machinery,
fortifications, or other improvements erected on the land so
heretofore ceded to the said United States, or other property found
therein belonging the United States, shall be held by this State,
subject to be accounted for in any future adjustment of the claims
between this State and the said United States.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed 25th, January, 1861.
AN ORDINANCE
In relation to Oaths heretofore required of Public Officers
and Attorneys at Law.
The people of Georgia, in Convention assembled, declare and
ordain,
That the oath heretofore required to be administered to
Public Officers and Attorneys and Solicitors at Law, to support the
Constitution of the United States, shall be hereafter discontinued.
WHEREAS, Certain officers of the army and navy of the United
States, citizens of the State of Georgia, impelled by patriotic
motives, have already resigned their appointments
and tendered their services to the State; and whereas,
others may desire to make the same tender.
Be it Ordained, by the People of Georgia, in Convention
assembled,
That all such officers who have resigned for the purposes
aforesaid, or have made such offer, and all those on the
active list who may resign and make such tender of service within
such time as circumstances may admit, shall be received into the
service of the State, and shall be appointed
and commissioned by the Governor to the same relative
rank in the army and navy of Georgia, which they held under the
Government of the United States, and shall receive the same pay
from their entrance into service as they were entitled to at the time
of their resignations.
Provided, That the Governor of this State shall employ
such officers in the service to which they may be respectively
attached, in such manner as, in his judgment, the public exigencies
may require.
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed January 25th, 1861.
AN ORDINANCE
Concerning Citizenship.
We, the People of the State of Georgia, in Convention
assembled, do declare and Ordain, and it is hereby declared
and Ordained,
1st, Every person who, at the date of the Ordinance of the
Secession, was residing in this State, and was then
by birth, residence, or naturalization, a citizen of this
State, shall continue a citizen of this State, unless a
foreign residence shall be established by such person,
with the intention of expatriation.
2nd, So also shall continue every free white person who,
after the date aforesaid, may be born within the Territory
of this State, or may be born outside of that Territory, of
a father who then was a citizen of this State.
3rd, So also every person a citizen of any one
of the States lately confederated under the name of the
United States of America, who, within twelve months
after the date of the Ordinance of Secession, shall come
to reside in this State, with the intention of remaining,
upon such person's taking the oath of allegiance to this
State below provided.
4th, So also every free white person who shall be engaged
in the actual service, Military or Naval, of the
State, and shall take an oath of his intention to continue
in such service for at least three months, unless sooner
discharged honorably, and also the oath of allegiance below
prescribed. In this case, the oaths shall be administered
by some Commissioned officer of the service in which the
applicant for citizenship may be engaged, superior in rank
to the applicant, and thereupon certificate of the citizenship
of the applicant shall be signed by the officer and
delivered to the applicant.
5th, So also, every person not a citizen of any of the
States above mentioned, at the date aforesaid, who may
come to reside in this State, with the intention of remaining,
and may be naturalized according to the naturalization
laws of this State; until they may be altered or repealed.
the naturalization laws of the United States accommodated
to the special condition of the State, are hereby made the
laws of this State; except that instead of the oaths required
by those laws in the final Act, the oath of allegiance
to this State, and of adjuration below provided, shall
be taken.
6th, In all cases, the citizenship of a man shall extend
to his wife present or future, whenever she shall have a
residence in this State; and shall extend also to each of his
children, that under the age of eighteen years, may have a
residence in the State; Provided, That in no case, shall
citizenship extend to any person, who is not a free white
person.
7th, That the oath of allegiance to this State shall be
in the following form, to-wit: "I do swear, (or affirm,)
that I will be faithful, and true allegiance bear to the State
of Georgia, so long as I may continue a citizen thereof."
8th, The oath of abjuration shall be in the following
form, to-wit:
"I do swear, (or affirm,) that I do renounce and forever
abjure all allegiance and fidelity to every Prince, Potenate,
State or Sovereignty whatsoever, except the State of
Georgia."
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed 26th January, 1861.
AN ORDINANCE
To adopt and continue in force the laws of the late
United States, in the State of Georgia, except as therein
excepted.
The People of Georgia, in Convention assembled, do declare
and Ordain, as follows:
SECTION 1. That such and so much of the laws of the
late United States, as are not inconsistent with the Ordinance
of Secession, and the other Ordinances of this Convention,
and as are applicable and adapted to our present
condition and necessities, be, and the same are hereby
adopted and continued in force in this State; saving and
excepting, however, the laws on the subjects following,
to-wit: "The army, bounty-lands, cadets, census, coasting
trade, treason, fisheries, land, the navy, pensions, printing,
public money, timber, treasury department, and the war
department."
SECTION 2. That in all cases in which remedies are provided
in civil cases, or punishments are prescribed in
criminal cases, both by the laws of the said United States,
and by the existing laws of this State, then, and in all
such cases, the laws of this State shall take precedence to,
and be administered before the said laws of the United
States.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed January 26th 1861.
AN ORDINANCE
To define and declare what shall be treason and misprison
of treason in the State of Georgia; and also certain felonies.
The people of Georgia in Convention assembled, do hereby declare
and ordain, That if any person or person, owing allegiance
to the State of Georgia, shall levy war against said
State, or shall adhere to her enemies, giving them aid and
comfort within the said State or elsewhere; or shall in the
name of the late United States of America, or any other foreign
power, seize, or attempt to seize and hold possession
against the declared will of said State, of any Fort, Arsenal,
Mint, or other building within the territorial limits of said
State, and shall be thereof convicted on confession in open
court, or on the testimony of two witnesses to the same
overt act of the treason whereof he or they shall stand indicted,
such person or persons shall be adjudged guilty
of treason against the State of Georgia and shall suffer
death.
A person having knowledge of the commission of any of
the treasonable acts aforesaid, and conceals, or fails to disclose
the same as soon as may be, to the Governor of said
State or some one of the Judges thereof, shall be guilty of
misprision of treason, and on conviction, shall be punished
by imprisonment and labor in the Penitentiary, not less
than five, nor longer than ten years.
Any citizen of the State of Georgia, wherever resident,
who shall without the permission of said State, directly or
indirectly commence, or carry on any verbal or written
correspondence or intercourse with any foreign Government,
or any officer or agent thereof, with any intent to influence
the measures or conduct of such Government adversely to
the existence or interests of said State in relation to any
disputes or controversies with said State, or to defeat the
measures of the Government of said State; or if any such
person not duly authorized, shall counsel, advise, aid or assist
in any such correspondence, such citizen of Georgia
shall be guilty of a felony, and on conviction, shall be punished
by imprisonment in the Penitentiary, not less than
one, nor more than three years, and by a fine not exceeding
five thousand dollars.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed 26th January, 1861.
AN ORDINANCE
To make Provisional Arrangements for the continuance of
Commercial facilities in Georgia.
We the people of Georgia, in Convention assembled, do declare
and ordain, and it is hereby declared and ordained,
First, That all citizens of the State of Georgia, who on
the 19th day of January 1861, were holding office, or who
may have resigned, and whose resignation may not have
been accepted, connected with the customs under the Government
of the late United States, within the limits of this
State, be and they are hereby appointed to hold, under the
Government of this State, exclusive of any further connection
whatever with the Government of the late United
States, the same offices they now fill, until otherwise directed,
and to receive the same pay and emoluments for
their services.
Second, That until this Convention or other Provisional
Government shall otherwise provide, the Governor shall
appoint to all vacancies which now exist, or may hereafter
occur in such offices.
Third, That, until otherwise provided, the revenue, collection
and navigation laws, of the late United States, so far
as they may be applicable, be, and they are hereby adopted
and made the laws of this State, saving that no duties shall
be collected upon imports from the States forming the late
United States, nor upon the tonnage of vessels owned in
whole or in part by the citizens of the said States: Provided,
if the said late United States should assume an attitude
of hostility towards the State of Georgia, then the
Governor by his Proclamation, shall put them upon the
same footing with all other foreign nations: And saving
and excepting the Act of Congress, adopted the 3d day of
March, 1817, entitled "An Act authorizing the deposit of
papers of foreign vessels with the Consuls of their respective
nations," which act is hereby declared to be of no force
within the limits of this State.
Fourth, That all vessels built in Georgia or elsewhere,
and owned to the amount of one third, by a citizen or citizens
of Georgia, or of any of the seceding States from the
late United States, and commanded by a citizen thereof and
no other, shall be registered as vessels of Georgia, under the
authority of the Collector and Naval Officer.
Fifth, That all the official acts of the officers aforesaid
in which it is usual and proper to set forth the authority
under which they act, or the style of documents issued by
them, or any of them, shall be in the name of the State of
Georgia.
Sixth, That all moneys hereafter collected by any of the
officers aforesaid, shall, after deducting the sums necessary
for the compensation of officers, and other expenses incident
thereto, be paid into the Treasury of the State of Georgia,
subject to the order of this Convention or the General Assembly.
Seventh, That the officers aforesaid, shall retain in their
hands all property of the late United States in their possession,
custody or control, subject to the disposal of the proper
authorities, who will account for the same upon a final
settlement with the Government of the late United States.
To abolish the Circuit and District Courts of the United
States, for the District of Georgia, and to establish other
Courts in lieu thereof, and to continue in force certain,
judgments and executions.
The people of Georgia in Convention assembled hereby
declare and ordain,
That the Circuit and District Courts of the late United
States for the State of Georgia, be, and the same are hereby
abolished as Courts of the said United States, and the
District Courts of the United States for the Northern and
Southern Districts of the State of Georgia, are hereby re-established
as Courts of the independent State of Georgia,
with the same jurisdiction and powers as they had under
the laws of the United State, except so far as the same are
modified by the Ordinances of this Convention.
2. The Commissions of all the Judges and officers of
said Courts are hereby terminated. And the Governor of
this State is hereby authorized to appoint and commission
a Judge and other officers of said Courts, to hold their
commissions until the further action of this Convention,
the said Judge to reside in or near the city of Savannah in
this State, and the said Judge shall receive at the rate of
twenty-five hundred dollars per annum as his salary.
3 The causes, civil and criminal now pending in the
Circuit Court of the late United States for Georgia, are
hereby transferred to the District Court now hereby
re-established for the Southern District of Georgia,
and the said District Court shall have power to hear and
determine the same.
4. The causes, civil and criminal, now pending in District
Courts of the Northern and Southern Districts of
Georgia, are continued without prejudice in the said Courts
now hereby established, and the judgments and decrees
heretofore rendered therein, and the executions issued
thereon shall lose no right, lien or validity by the operation
of this Ordinance, or the Ordinance of secession, but shall
continue in force as if the Courts remained in existence,
and the stay law of the General Assembly of 1860, shall
apply to the judgments and proceedings of said Courts.
5. No civil suits in favor of citizens of other States shall
be instituted in said Courts until the further order of this
Convention, except cases of Admiralty and Maratime Jurisdiction.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed 29th January, 1861.
AN ORDINANCE.
In view of the present condition of the country, and the
alleged apprehension of Foreign Capitalists as to the
security of capital invested in this State,
Be it ordained,
That to encourage the manufacturing and mining, and
other permanent improvements of this State, this Convention
does hereby declare it to be the fixed policy of Georgia
to protect all investments already made, or which may be
hereafter made by citizens of other States in mines or
manufactures in this State, and capital invested in any
other permanent improvement.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed January 29, 1861.
AN ORDINANCE
In addition to a previous Ordinance of this Convention on
the subject of Citizenship.
Be it ordained by the people of Georgia in sovereign Convention
assembled,
That all white persons, resident in this State at the time
of the secession of the State from the United States, with
the bona fide intention of making it the place of their permanent
abode, shall be considered as citizens of this State
without reference to their place of birth; Provided, That
any person not born in this State can except him or herself
from the operation of this Ordinance by a declaration
in any Court of Record in the State, within three months
from this date, that he, or she, does not wish to be considered
a citizen of this State.
To transfer to the provisional government of the Confederate
States of America the use and occupancy of the
Forts, Arsenals, Navy Yards, Custom Houses, and other
public sites within the limits of this State.
The people of Georgia in Convention assembled do ordain,
That the government of the Confederate States of America
is hereby authorized to occupy, use, and hold possession
of all the Forts, Navy Yards, Arsenals, Custom Houses
and other public sites, with their appurtenances, within
the limits of this State, and lately in possession of the
United States of America; and to repair, rebuild and control
the same at its discretion until this ordinance be repealed by
a Convention of the people of this State.
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed March 20, 1861.
AN ORDINANCE
To transfer to the Government of the Confederate States
certain arms and munitions of war, and for other purposes.
The people of Georgia in Convention assembled do ordain,
SECTION 1ST. That the control of all military operations
in this State having reference to, or connection with, questions
between this State, or any of the Confederate States
of America, and powers foreign to them, is hereby transferred
to the government of the Confederate States of America.
SEC. 2ND. That the State of Georgia hereby transfers to
the government of the Confederate States of America, the
arms and munitions of war acquired from the United States,
with the Forts and Arsenals, and which are now in the
said Forts and Arsenals.
SEC. 3RD That the Governor of this State is hereby authorized
to transfer to the Government of the Confederate
States such arms, munitions of war, armed vessels or steamers
belonging to this State, as in his judgment may be expedient,
and upon such terms as may be agreed upon, with
the said government of the Confederate States.
SEC. 4TH. The transfer herein provided for, shall be conducted
on the part of this State by the Governor thereof,
the Government of the Confederate States undertaking to
account for all such arms and munitions of war as are hereby transferred.
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed March 20, 1861.
AN ORDINANCE
To organize Senatorial Districts.
The people of Georgia in Convention assembled do hereby declare
and ordain,
That the Senatorial Districts of this State shall be organized
by counties as follows:
The first District shall consist of the counties of Chatham,
Bryan and Effingham.
To define the number of men who shall compose a company
in the two regular Regiments of Infantry.
Be it ordained by the people of Georgia in Convention assembled,
That the number of men who shall compose a company
of infantry in the said regular regiments of infantry authorized
to be raised by an ordinance of this Convention, shall
be the same as is provided for the volunteer force authorized
to be raised by the General Assembly of this State,
by an act "to provide for the public defence, and for other
purposes."
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed 23d March, 1861.
AN ORDINANCE
To authorize the Governor to pay the officers and men of
the various Volunteer Companies which have been employed
by him in the military defence of the State.
Be it Ordained by the People of Georgia, in Convention assembled,
That the Governor be, and is hereby authorized and
required to pay the officers and men of the various Volunteer
Companies which have been employed by him in the
military service of the State such compensation according
to their respective grades, as is allowed by law to the
officers and privates in the regular army of the United
States.
To alter and fix the times of electing the Governor and
members of the General Assembly.
Be it Ordained, by the People of Georgia, in Convention
assembled, and it is hereby Ordained by the authority of the same,
That the next election of Governor and members of the
General Assembly, shall be held on the first Wednesday in
October, 1861, and that the Governor and members of the
General Assembly shall be elected biennially thereafter,
on the first Wednesday in October, until the same shall be
altered by law.
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed March 23rd, 1861.
AN ORDINANCE
To define the extent and duration of the Ordinances passed
by this Convention.
The People of Georgia, in Convention assembled, Ordain,
That all Ordinances passed by this Convention shall be
subject to the modification or repeal by the General Assembly
of this State, except the following:
1st, The Ordinance of Secession.
2nd, The Ordinance of Ratification of the Constitution
of the Confederate States of America.
3rd. The Ordinances in relation to the Constitution of the State.
4th, All Ordinances or Resolutions referring to our relations
with the Confederate States.
5th, All Ordinances which, by their own terms, can be
changed only by a Convention of the People.
To organize the Congressional Districts of this State,
and for other purposes.
The People of Georgia, in Convention assembled, do hereby
declare and Ordain,
That the Congressional Districts of this State shall be
arranged by counties, as follows:
The first District shall be composed of the following
counties: Appling, Bryan, Bulloch, Chatham, Camden,
Charlton, Clinch, Coffee, Effingham, Emanuel, Glynn,
Liberty, McIntosh, Montgomery, Pierce, Scriven, Telfair,
Tattnall, Ware, and Wayne.
The second District shall be composed of the counties of
Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly,
Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes,
Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and
Worth.
The third District shall shall be composed of the counties
of Chattahoochee, Harris, Muscogee, Marion, Macon,
Quitman, Stewart, Sumter, Schley, Taylor, Talbot, and
Webster.
The fourth District shall be composed of the counties of
Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens,
Putnam, Pulaski, Twiggs, and Wilkinson.
The fifth District shall be composed of the counties of
Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson,
Lincoln, Richmond, Warren, Wilkes, and Washington.
The sixth District shall be composed of the counties of
Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan,
Newton, Oglethorpe, Taliaferro, Walton, and Jackson.
The seventh District shall be composed of the counties
of Butts, Clayton, Fayette, Henry, Merriwether, Monroe,
Pike, Spalding, Troup, and Upson.
The eighth District shall be composed of the counties
of Campbell, Carroll, Coweta, Cobb, DeKalb, Fulton,
Haralson, Heard, Paulding, and Polk.
The ninth District shall be composed of the counties of
Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham,
Hall, Lumpkin, Milton, Pickens, Rabun, Towns, Union,
and White.
The tenth District shall be composed of the counties of
Cass, Catoosa, Chattooga, Dade,, Fannin, Floyd, Gordon,
Gilmer, Murray, Walker, and Whitfield.
Be it further Ordained, That the first election for members
to Congress, shall be had under and by virtue of this
Ordinance, and thereafter said Districts to be regulated
by the Legislature whenever the Congress of the Confederate
States shall alter the apportionment of Representation.
GEO. W. CRAWFORD,
President of the Convention.
Attest:
A. R. LAMAR, Secretary.
Passed March 23rd, 1861.
AN ORDINANCE
To adopt and ratify the Constitution of the Confederate
States of America.
Be it ordained by the people of Georgia in Convention assembled,
and it is hereby ordained by the authority of the same,
That the Constitution adopted by the Congress at Montgomery,
in the State of Alabama, on the eleventh day of
March, in the year of our Lord one thousand eight hundred
and sixty-one, for the "permanent federal government" of
the Confederate States of America, be, and the same is
hereby adopted and ratified by the State of Georgia, "acting
in its sovereign and independent character."
Resolved, That the Governor be requested to have published
in such newspapers as he may think proper, all the
Ordinances of this Convention as they pass, that immediate
and general notice may be given of the same, unless otherwise
directed by this Convention.
GEO. W. CRAWFORD, President.
Attest:
A. R. LAMAR, Secretary.
Passed January 25th, 1861.
Resolved, That the Governor be authorized to purchase
or procure, for the defense of the seaboard of Georgia,
three propeller, or other steamers, of light draft, to be armed
and manned in such manner as their tonnage and capacity
may require.
GEO. W. CRAWFORD, President.
Attest: A. R. LAMAR, Secretary.
Passed January 25th, 1861.
Resolved, That the Governor be requested to contract
with the Cuba Telegraph company for the construction of
telegraph lines from the main line to Darien and Brunswick,
and such other place on the coast as may be expedient
for the use of the State.
Whereas, The present attitude of the State of Georgia
requires that she should be put immediately in a state of defence,
and that military preparation demands prompt action
and sound organization, both for efficiency and economy.
Be it Resolved, That the Governor be, and he is hereby
empowered to employ such a military staff as may be necessary
for effecting an organization, and introducing a sound
system of administrative accountability.
Be it further Resolved, That these appointments shall be
temporary, until such time as the Southern seceding States
shall establish a government, and provide a military establishment
for their common defence, and that the officers so
appointed shall keep their offices at such points, and be
stationed in such manner as the Governor and
Commander-in-Chief may direct.
GEO. W. CRAWFORD, President.
Attest: A. R. LAMAR, Secretary.
Passed January 25th, 1861.
Whereas, The Government of the Confederate States has
authorized bonds to be issued running from five to ten years,
and secured by an export duty of one-eighth of one per cent.
per pound, upon cotton, for the purpose of meeting the
pecuniary necessities of that Government.
And whereas, investment in such securities may be both
convenient and safe, for Executors, Administrators,
Guardians and other Trustees, and at the same time contribute
to the sum needed by the Confederate States. Therefore
Resolved, That the Legislature of this State, be and it is
hereby requested at its next session, to consider the propriety
of passing a law authorizing Executors, Administrators,
Guardians and other Trustees, to invest trust funds in
their hands, in the bonds of the Confederate States, upon
the same terms that such trustees are now by law authorized
to invest in the bonds of the State of Georgia.
GEO. W. CRAWFORD, President of the Convention.
Attest: A. R. LAMAR, Secretary.
Passed 18th March, 1861.
The Committee on the Constitution and Laws, &c., recommend
the adoption of the following resolutions:
Resolved, That in the publication of the Revised Code of
the Laws of this State, adopted by the Legislature at its
late session, the "United States" shall be stricken out and
the "Confederate States" substituted, wherever the same
may be necessary.
Resolved further, That the Constitution of the Confederate
States shall be published as a part of the Code.
GEO. W. CRAWFORD, President.
Attest: A. R. LAMAR, Secretary.
Passed March 18, 1861.
Resolved by the people of Georgia in Convention assembled,
That the Governor of this State is hereby authorized to
tender to the Government of the Confederate States of
America, under the provisions of an act of Congress "to
raise provisional forces for the Confederate States of America,
and for other purposes," the regular forces of this
State provided for by an ordinance of this Convention.
Resolved further, That the President of the Confederate
States be requested to receive into the service, under the
act aforesaid, all the men now enlisted with the officers
necessary to command them, by companies or battalions,
and the remainder, of the force as they may be received
with their officers, until each of the two regiments now
being raised is completed, when the whole force with their
officers shall form as regiments, a part of the said provisional
army for the term of the enlistment of the war.
Resolved further, That the Governor be authorized to continue
the recruiting service by the officers now required for
the command of the troops proposed, until the regiments
are completed, provided that a longer time than four
months from this date be not allowed for this purpose, and
provided further that the Governor be authorized to disband
the said regiments, if not transferred to the government of
the Confederate States.
GEO. W. CRAWFORD, President.
Attest: A. R. LAMAR, Secretary.
Passed 23d March, 1861.
Resolved, That the delegates of this State, to the Convention
at Montgomery, be authorized to consent to the continuation
of the Provisional Government, until the 22d day
of February, 1862, with a view to the inauguration of the
Permanent Government on that day.
Resolved, That any vacancy which may occur in the said
delegation by death, resignation or otherwise, may be filled
by the appointment of the remaining delegates.
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