Georgia. General Assembly. Senate. Journal of the Senate of the State of Georgia, at the Annual Session of the General Assembly, Begun and Held in Milledgeville, the Seatof [sic] Government, in 1862.

Journal of the Senate of the State of Georgia,
at the Annual Session of the General Assembly,
Begun and Held in Milledgeville, the Seatof [sic] Government, in 1862:
Electronic Edition.

Georgia. General Assembly. Senate

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Source Description:
(title page) Journal of the Senate of the State of Georgia, at the Annual Session of the General Assembly, Begun and Held in Milledgeville, the Seatof [sic] Government, in 1862
336 p.
MILLEDGEVILLE, GA.
BOUGHTON, NISBET & BARNES, STATE PRINTERS.
1862.

Call number 1539 Conf. 1862 (Rare Book Collection, University of North Carolina at Chapel Hill)

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Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

English

LC Subject Headings:

Legislation -- Georgia.
Legislative journals -- Georgia.
Georgia -- Politics and government -- 1861-1865.
Georgia -- History -- Civil War, 1861-1865 -- Law and legislation.

Revision History:

2000-12-14,
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JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA,
AT THE ANNUAL SESSION
OF THE
GENERAL ASSEMBLY,
Begun and held in Milledgeville, the seatof Government, in
1862.

BOUGHTON, NISBET & BARNES, STATE PRINTERS.
MILLEDGEVILLE, GA.
1862.

Page 3

JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA.

MILLEDGEVILLE, Ga.,
Thursday, November 6th, 1862.

The Senate, in accordance with the laws of the State, convened this day, in its annual session at Milledgeville, and was called to order by its President, the Hon. John Billups, from the twenty-seventh Senatorial District.

The roll being called, the following Senators answered to their names, to-wit:

Alexander, Authony, Billups, Bothwell, Boyd, Brown, Echols, Furlow, Gaston, Gordon, Griffin, Harris, Hill, Hilliard, James; Hilliard, Thos.; Jackson, Jamison, Kendall, Killen, Lane, McRae, Mosely, Seward, Shewmake, Smith, Stafford, Stephens, Swearingen, Vason, Wright.

On motion, Mr. John B. Benson, the newly elected Senator from the thirty-first Senatorial District, appeared, presented his credentials, and having taken the oath prescribed by the Constitution of the State, before the President, took his seat.

The following resolution was reported by Mr. Furlow, and passed.

Resolved, That the Secretary inform the House of Representatives that the Senate is now organized and ready to proceed to business.

Mr. Gordon reported the following preamble and resolutions, which, on motion, were taken up and unanimously adoped, to-wit:

WHEREAS, It is evident that the theatre of war must soon be transferred from the battle fields of Virginia to the seaport towns of our cotton States; And whereas, emulating

Page 4

the devoted heroism of the people of Vicksburg, we desire for Georgia that her seaport city should be defended to the last extremity at whatever cost of life or property.

Resolved, That in the opinion of the General Assembly of Georgia the city of Savannah should never be surrendered; that it should be defended street by street and house by house, until, if taken, the victor's spoils should be alone a heap of ashes.

Resolved, If the House concur, That the joint Finance Committee be instructed to report forthwith a bill appropriating such sum as may be necessary for the removal of the helpless women and children in Savannah to a place of security.

Resolved, That a copy of these resolutions be forwarded by the Governor to the General commanding, with the assurance that the people of Georgia will accept any calamity rather than suffer her soil to be polluted by the tread of the abolition invader.

On motion, the foregoing preamble and resolutions were ordered to be forthwith transmitted to the House of Representatives.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate that the House of Representatives is now organized, and are ready to proceed to business, and have appointed Messrs. Washington, Lee, of Muscogee, and Bacon a committee to act in concert with such as the Senate may appoint to wait on his Excellency the Governor and inform him that this General Assembly is now organized, and ready to receive any communication he may think proper to make.

The following resolution was reported by Mr. Vason, and upon motion of Mr. Seward, laid upon the table for the present, to-wit:

WHEREAS, A large portion of the business of the last session remained undisposed of at the adjournment, and it is desirable that the same shall be taken up, if can be done under the Constitution.

Be it resolved, That a committee of three be appointed to unite with a similar committee from the House of Representatives, with instructions to report upon the subject at an early day of the session.

The following resolution reported by Mr. Furlow was adopted:

Resolved, That the President appoint a committee of three to join such committee as may be appointed by the House

Page 5

to wait upon his Excellency the Governor and inform him that the General Assembly is organized and ready to receive any communication he may have to submit, at such time as he may designate.

The President appointed Messrs. Furlow, Lane and Hill upon the committee, and the resolution ordered to be transmitted to the House by the Secretary.

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

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

Resolved, That a joint committee, consisting of three from the House, appointed by the Speaker, and two from the Senate, appointed by the President, be constituted to consider and report upon questions concerning the salt supplies, and have appointed as such committee, on the part of the House, Messrs. Bigham, Cochran of Wilkinson, and Neal.

Mr. Furlow, from the committee appointed to wait upon the Governor and inform him the General Assembly was ready to receive any communication, reported the duty discharged, and that a communication would be received in a few minutes.

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

Mr. President:--I am directed by the Governor to deliver to the Senate his Annual Message, with accompanying documents, together with a special message upon the subjects of Conscription, Martial Law, Habeas Corpus and the Impressment of Private Property by Confederate officers.

On motion of Mr. Thos, Hilliard, the communication of the Governor was taken up and read as follows:

Page 6

GOVERNOR'S MESSAGE.

Executive Department,
Milledgeville, November 6th, 1862.

To the Senate and
House of Representatives:

For a statement of the condition of the Treasury, you are respectfully referred to the reports of the Treasurer and the Comptroller General. It will be seen by reference to these reports that the whole public debt of this State, including the Treasury notes issued up to this period, amounts to $8,417,750, and that the public property of the State, including Bank stock, Railroad stock, and the Western and Atlantic Railroad, which is the property of the State, amounts at a low valuation to $8,840,124 68. It would therefore be in the power of the State to pay every dollar of her debt with the proceeds of the sale of her public property, if her creditors would consent to receive the money before due.

THE FIVE MILLION APPROPRIATION.

Of the five millions of dollars, appropriated at your last session for military purposes, only $2,539,290 25 have been drawn from the Treasury during the fiscal year. Of this sum $350,000 has been returned by Lieut. Col. Jared I Whitaker, Commissary General, and $50,000 by Lieut. Col. Ira R. Foster, Quartermaster General, and $58,286 by Major L. H. McIntosh, Chief of Ordinance, for stores in their respective departments, sold to officers under the army regulations, and to the Confederacy after the State troops were transferred. The amount of the appropriation which has been used, is therefore, $2,081,004 25. Of this sum $100,000 was expended in payment for arms purchased in England prior to your last session; and $50,000 40 for iron to be used in fortifications and upon the gunboat called the "State of Georgia." This boat was built under the supervision of Major General Jackson

Page 7

while in command, and completed after he retired. The balance of the money for its construction was contributed by the cities of Savannah Augusta and other corporations, by soldiers, and chiefly by the ladies of this State, who have shown since the commencement of our struggle, on all proper occasions, a liberality and patriotism worthy the most distinguished matrons of the Revolution of 1776.

For support, equipment, pay and transportation of two companies now in service as Bridge Guards on the State Road, $10,000. This leaves $1,921,000 85, which, together with a special appropriation of $100,000, was expended upon the Georgia army, and for other contingent military purposes. It will be seen, however, by reference to the Reports of the Quartermaster General and the Chief of Ordnance, that very considerable sums were expended for the purchase of horses, artillery, &c., which were transferred to the Confederacy with the Georgia army, for which no payment has yet been made to the State. These sums, with contingent military expenditures, when deducted from the above mentioned sums, will leave the whole cost of the Georgia army of nearly 8,000 men, for nearly six months, including pay, clothing, subsistence, transportation, and every other expense, a little short of $2,000,000.

TREASURY NOTES.

The Appropriation Bill passed at your last session made it my duty, in case there should not, at any time, be money in the Treasury to meet any appropriation, to raise it by the sale of State bonds, or by issuing Treasury notes, as I might think best. In each case where I had the discretion, I did not hesitate to decide to issue Treasury notes, bearing no interest, in place of bonds bearing interest; and I have found these notes not only current, but in great demand as an investment. The whole amount of Treasury notes issued is $2,320,000.

Finding it difficult to get good paper and to get the work properly executed, I sent Hon. James Jackson as the agent of the State to New Orleans, to make the necessary arrangements for the importation of the paper and the necessary contract with a competent engraver for the execution of the work. In both particulars he was successful. While the work was progressing in a satisfactory manner, but before its completion, the city was so seriously threatened by the enemy, that I thought it prudent to have the work in its unfinished state, with the stones, plates, paper, &c., removed to this State. Under my instructions, Judge Jackson returned to the city for this purpose, settled with the contractor for the work done, and had all the printed bills and material in transitu for Georgia, when the city fell into the hands of the infamous tyrant, Butler, whose name will

Page 8

descend to posterity on history's darkest page. I then employed Mr. Howell, of Savannah, to complete the job, which was done in a manner quite satisfactory. The notes are payable in specie or eight per cent. bonds, six months after a treaty of peace, or when the Banks of Augusta and Savannah resume specie payments if before that time. These notes have generally been laid away as a safe investment by banks and others into whose hands they have fallen; and it is a rare occurrence to see one in circulation. Should it become necessary, as it probably will, to extend the issue to meet part of the liabilities of the Treasury for the present fiscal year; I respectfully recommend that no alteration be made in the form of the notes, as there is on hand a very considerable amount of the printed bills that can soon be issued without expense, which would be useless in case of any change in the present form, and it would cost great delay and expense to procure paper and have others prepared.

The only objection insisted upon against the issue of Treasury notes, in place of the sale of bonds to meet the demands on the Treasury, is, that the issue of a large amount of notes to be circulated as currency, depreciates the value of paper currency in the market. This is unquestionably true, as evidenced by the present state of our currency. But it is equally true that enough of paper currency must be issued, in the present condition of the country, to meet the demand. Suppose the State needs a million of dollars, and puts her bonds in the market to raise it, and receives paper currency in payment for them, it is quite evident that the Confederacy, or the Banks, must issue a million to meet this demand, in addition to the issue they would otherwise make for other purposes; and the same depreciation growing out of a redundancy of paper currency follows, which would happen, were the State to issue a million of dollars in her own notes, and thus meet her own demand. The question is not one of the depreciation of the currency by over issues of paper, as the number of dollars in paper currency to be placed upon the market is the same in either case, but it is simply a question of interest. Shall the State use her own notes, which pass readily as currency without interest, and are generally laid away as an investment, or shall she pay interest to a corporation for the privilege of using and circulating its notes, founded upon a less secure basis than her own? In my opinion there is no room for hesitation in making the decision in favor of Treasury notes. The amount of interest saved to the Treasury in one year at seven per cent. upon the issue of notes already made in place of bonds, is $162,400. To this might have been added the further sum of $170,870, had I been authorized by the statute to issue and use Treasury

Page 9

notes in place of bonds to meet the Confederate war tax. This statute was a special one for a special purpose, however, and confined me to the use of bonds without giving me discretion to issue Treasury notes.

CONFEDERATE WAR TAX.

An act passed at your last session assumed the payment of the Confederate War Tax, assessed against the people of this State for last year, and made it my duty to raise the amount by the sale of State bonds, with but one restriction, which was that they should not bear exceeding eight per cent. interest per annum. As the Confederacy and the other States generally, were paying eight per cent., it was not supposed that this State would be able to raise the money upon bonds bearing a less rate. Before I could get the Treasury notes prepared, which I was authorized to issue for other purposes, I had to negotiate some temporary loans with the banks at eight per cent. to raise money to defray the expenses of the army till the notes could be issued. It is but justice, however, that I remark, that all the Banks except the Bank of Commerce and the Bank of the State, refused to accept more than seven per cent. on settlement for this temporary advance. The war tax was due the 1st of April, and as I anticipated some difficulty in securing promptly so large a sum, I visited Savannah in the latter part of January, and had an interview with some of the most prominent bankers of the city, which resulted in a proposition on their part to take the bonds of the State running ten years, bearing 7 per cent., payable quarterly, and advance money to meet the emergency if I would pay interest from first of February. To this I consented, and the banks advanced $2,000,000, a portion of which was placed to the credit of the Treasurer after the first of February, and bore interest only from the date when it was placed to the credit of the State. Having no use for the money till the first of April, the date when the tax was due, I proposed to pay it to the Secretary of the Treasury, if he would allow seven per cent. upon the advance, till the tax should become due. This proposition was declined, and I then invested it in the six per cent. stock of the Confederacy, and was able to realize six per cent. upon it till first of April. Bankers from other States would have taken the balance of the bonds, but I thought it best to put them on the market in this State, and let them go into the hands of our citizens if they would purchase them. This was done by a publication asking bids for them at par till first of March. The bids were more than sufficient to cover the whole balance of the proposed issue. The issue and sale under this act amounts to $2,441,000 in bonds.

Page 10

The precise amount of the State's quota of the tax could not be ascertained on the first of April, and the Secretary of the Treasury proposed that I pay the amount supposed to be due, and that a final settlement be made when the necessary data could be obtained. To this I agreed. Recently I was furnished with a statement making Georgia's quota, less the ten per cent., $2,554,128 57. Upon the receipt of this statement, the Comptroller General, who has so often saved to the State Treasury large sums by his vigilance and industry, carefully compared the returns of the counties with the returns of taxable property made to the State Receivers, and found that the difference in some counties was so great that mistakes for large amounts must necessarily have been committed against the State. This matter was brought to the attention of the Chief Collector for this State and the Secretary of the Treasury. After some correspondence, the Comptroller General visited Augusta, and after a careful examination of the books with Judge Starnes, the obliging Collector, it was found that the quota of the State, after deducting the ten per cent., amounted to only $2,494,112 41. The amount saved to the Treasury of the State by the correction of these errors committed by subcollectors, and detected by the Comptroller General, is $60,016 16. Finding the sum raised by the sale of the bonds, together with interest on call certificates, and from indviduals on coupons, to be $33,974 01 less than the amount of tax due on the final settlement, I ventured to raise the money by the use of Treasury notes at par, without interest, in place of bonds bearing interest as directed by the statute, which, I trust, will meet the approval of the General Assembly.

While it was difficult to raise the money on seven per cent. bonds at par when first placed on the market, and the banks acted with liberality in agreeing to take them when other good securities were offered at eight per cent., and by their action attracted the attention of private capitalists to them, they have lost nothing by their liberality, as the bonds have since that time greatly appreciated in the market, and are now regarded a most desirable investment at a considerable premium.

COMPTROLLER GENERAL'S DEPARTMENT.

The report of this able officer is replete with valuable information, statistical tables, &c., which have been prepared with great care and labor. It is but justice to say that Col. Thweatt, the vigilant and active head of this department, has, by his annual reports, furnished much valuable information to the present generation, and important material for the use of the future historian of the State. The law imposes upon that officer very laborious duties connected

Page 11

with the finances of the State, the collection of the taxes, and the auditing of claims against the Treasury. All settlements with Collectors are made in that office. Colonel Thweatt, by his active energy, has secured to the Treasury many thousands of dollars due by Collectors prior to the commencement of his term of office, and has prevented the accumulation of these claims. The correspondence imposed upon him, in making settlements and in furnishing information to the Tax Collectors and to the Inferior Courts of the State, in connection with the taxes, is very laborious. This, with the other duties of his office, is more than any one man ought to be required to do. I therefore recommend, as an act of justice, that he be allowed a clerk, with a salary sufficient to secure the services of an intelligent, experienced business man.

STATE TROOPS.

In compliance with the resolution of the General Assembly passed at its last session, directing me to transfer the State troops to the Confederacy with the consent of the troops, I ordered the question of transfer to be submitted to a fair vote of each organized body of troops, and the majority against the transfer amounted almost to unanimity. Soon after the passage of the Conscription Act, however, which passed after the expiration of the term of enlistment of part of the men, but a short time before the end of the term of much the larger portion of them, the Secretary of War informed me that all the State troops between 18 and 35 years of age must go into the Confederate service. At that time an attack upon the city of Savannah was daily expected, and for the purpose of avoiding conflict and collision with the Confederate authorities in the face of the enemy, I agreed to yield the point, and I immediately tendered the State Army to Brigadier General Lawton, who then commanded the Military District of Georgia, Major General Henry R. Jackson, who commanded the State troops, having retired from the command to prevent all embarrassment. General Lawton accepted the tender, and assumed the command of the troops. The claim made by the Secretary of War did not include those under 18 or over 35 years of age, but it was thought best to tender the whole together, as the detachment of those between 18 and 35 from each organization would have disorganized the entire force.

While referring to the subject, I feel it a duty which I owe to the gallant officers and brave men who composed the State Army, to say that they were, at the time of the transfer, as thoroughly organized, trained And disciplined, as probably any body of troops of equal number on the continent, who had not been a much longer time in the field.

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They had performed, without murmur, an almost incredible amount of labor in erecting fortifications and field works necessary to the protection of the city, and had made their position so strong as to deter the enemy, with a force of vastly superior numbers, from making an attack. While they regretted that an opportunity did not offer to show their courage and efficiency upon the battle-field, they stood, like a bulwark of stout hearts and strong arms, between the city and the enemy, and by their chivalrous bearing and energetic preparation, in connection with the smaller number of brave Confederate troops near, saved the city from attack and capture, without bloodshed and carnage.

It is but justice to Major General Jackson, that it be remarked, that he had, with untiring energy and consummate ability, pressed forward the preparation of the defenses and the training of the army, and that the people of Georgia owe much of gratitude to him for the safety of the city of Savannah and its present freedom from the tyrannical rule of the enemy. There is not, probably, an intelligent, impartial man in the State who does not regret that the services of this distinguished son of Georgia should not have been properly appreciated by the Confederate authorities, and that he should not, after the Georgia army was transferred, have been invited by the President to a command equal to his well known ability and merit. This was requested by the Executive of this State, which request was presented to the President by her entire delegation in Congress.

It is also due Brigadier Generals George P. Harrison, F. W. Capers, and W. H. T. Walker, that their names be honorably mentioned for enlightened generalship and efficiency as commanders of their respective brigades. The Executive of the State, appreciating the merits of these officers, asked for positions for them, as commanders in the armies of the Confederacy, but neither of them, so far as I know, has been tendered any command. If this might be excused as to Generals Harrison and Capers, on the ground that they were not graduates of West Point and old army officers, though one of them has a thorough military education, and the other is known to be a most valuable, energetic military man, having the confidence of the whole people of the State, this excuse does not apply in the case of General Walker, who is a son of Georgia, a graduate of West Point and an old soldier, who has shed his blood in his country's service on many a battle field. His ability and gallantry are acknowledged by all who admire cool courage and high-toned chivalry. But no one of the Georgia Generals who commanded her State army has since been invited to a position, and even this gallant old soldier is permitted to remain in retirement, while thousands of Georgia troops who

Page 13

entered the service of the Confederacy under requisitions upon the State, and whose right, under the Constitution, to be commanded by Generals appointed by the State is too clear to admit of doubt, are thrown under the command of Generals appointed from other States, many of whom have had neither the experience in service, nor the distinction, which General Walker has, while confronting the enemies of his country, purchased with his blood upon the battle field.

STATE ARMORY.

In accordance with the provisions of the Act entitled an Act to provide for the manufacture and purchase of arms for the public defense and to appropriate money for the same, which appropriates $350,000 for the purposes indicated in the title of the Act, and authorizes the Governor, if the money is not in the Treasury, when needed, to raise it by the sale of 8 per cent bonds, with discretion to issue part of the amount in Treasury notes, &c., I directed the establishment of an Armory in the Penitentiary, and employed Mr. Peter Jones, who was long connected prominently with the Armories and manufacture of arms, for the United States, to take charge of and superintend the works. He has secured as much material as he could, and made all the machinery in his power, and has made as good progress as could have been expected, considering the many embarrassments in the way, and our inability to import any of the material or machinery needed. We can now turn out an excellent arm at the rate of about 125 per month, and will in the course of a few months, it is hoped, be able to extend the capacity of the works, so as to make them a source of substantial aid in the achievement of our independence.

I have not been able to purchase any small arms during the year, nor have I been able to get possession of much the larger portion of those purchased in England prior to your last session and since imported. About 4,300 of the excellent Enfield rifles which were imported by the State at great risk and expense, have been seized at the different ports where they landed, by officers of the Confederate Government and carried beyond my reach. I have remonstrated against these unauthorized seizures of the property of the State, and while my remonstrances have been met with respectful language by those in authority, and the act generally apologised for, as a mistake, they have neglected to restore the property seized, and have, after my remonstrance, repeated the seizure on the arrival of other arms. As the rights of the State were disregarded by the Confederate authorities, I thought it unwise to send more money to Europe to invest in other arms to be lost at sea

Page 14

or seized, without consulting the authorities of the State, on their arrival.

In this connection, I would remark that the State troops generally brought with them into service such country arms as were at their command, which were turned into the State Arsenal when better arms were furnished to them. Many of these arms were taken possession of by the State authorities and distributed among Confederate troops who were without arms. Part of Col. D. J. Bailey's regiment, Confederate troops, were armed with them, as were part of Lieut. Col. Littlefield's battalion and part of Col. Summer J. Smith's Rangers. Compensation has not yet been made to the owners. I therefore recommend that some one or more proper persons be appointed under authority of law to audit the claims of citizens who were thus deprived of their arms, and that provision be made for payment of just compensation for all that have been taken for the public service.

CHANGE BILLS.

The Superintendent of the W. & A. R. Road, finding it impossible to attend to the duties of his office and sign all the change bills, which he was required by the Act of 17th December, 1861, to issue, with my assent, employed Mr. Wm. Grisham to sign the bills for him. The whole amount of bills issued to 30th September is, in round numbers, $80,000. Most of these are signed by Mr. Grisham for the Superintendent and by Ben. May, Treasurer. The balance of the $200,000 will be issued as soon as the bills can be prepared, which has been found to be quite a laborious task.

By Act of 30th November last, each chartered Bank in this State, which claims the provisions of the suspension Act, is required, upon the application of any person, to issue and keep in circulation during its suspension, small bills in denominations of five, ten, twenty-five and fifty cents, to the extent of one per centum upon its capital stock, with privilege to extend the issue to three per centum. The Act of 17th December relieved all individuals and corporations who had issued and put change bills in circulation, from the penalties of the existing laws, upon the redemption of said bills, but provided that they should not be authorized to issue any other change bills, or to re-issue those then in circulation when redeemed. This law has been constantly evaded, if not openly violated, by individuals and corporations, and large amounts in change bills, in the shape of promises to pay certificates of deposit, acknowledgements of indebtedness to be discharged in specific articles, &c., &c., have been put into circulation. Many of these bills have been printed upon very inferior paper and are soon worn out by circulation. If these illegal issues are not effectually checked, it cannot be doubted that they will result in

Page 15

heavy losses to our people. I therefore recommend the enactment of a law, making it obligatory upon each chartered Bank of this State to extend its issues of change bills to as much as three per cent upon its capital stock; and making it the duty of the Treasurer and Comptroller General of this State to issue and put in circulation State change bills of five, three, two and one dollar and the usual denominations under that sum, to the amount of three hundred thousand dollars, redeemable in the Treasury notes of the Confederate States, when as much as $20, is presented at the State Treasury. And I further recommend that the issues by the Western & Atlantic R. Road be extended to $300,000, in bills of different denominations from five cents to five dollars, and that it be made highly penal for any other corporation or person to issue, circulate, pay or tender in payment any other change bill, whether it be a direct promise to pay, a certificate of deposit, or in any other form, intended to circulate as currency, except those issued under the authority of the laws of this State.

This legislation would, it is believed, provide for the issue of as many change bills, as might be necessary to meet the demands of our people, until it may again be possible to procure silver change, and the people might more safely rely upon the ultimate redemption of the bills issued as above recommended than upon those now in circulation. The law should allow a reasonable time for the redemption of illegal issues now in circulation, and to secure the suppression of illegal issues in future, it may be necessary to impose upon the person violating the statute, a heavy pecuniary penalty to be paid to the informer.

BRIDGE GUARDS AND HOME PROTECTION.

The people of the State have been informed through the medium of the public press of the facts connected with the daring attempt made by a band of spies sent by the authority of the enemy to burn the bridges on the W. & A. R. Road. The conduct of Mr. Fuller, the Conductor, and of some others in the hazardous pursuit, while the spies were in possession of the train, deserves the highest commendation and entitles them to the consideration of the General Assembly. I therefore recommend the appointment of a committee of the two houses to inquire into the facts and report upon them, and that such medals or other public acknowledgement be awarded to the parties whose conduct was most meritorious, as will do justice to their services and stimulate others to like deeds of daring when necessary for the public security.

Soon after this bold attempt to burn all the bridges of the Road (two of which had been burned and replaced but a short time previous,) I felt it my duty to organize a military

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company to guard this valuable property. Some time after the company had been raised, the Committee of the House of Representatives visited the Road and joined ina unanimous recommendation that I add another company to the Guard. In deference to the recommendation of the Committee, which my own judgment approved, I directed the organization of a second company. These companies now consist of about 150 men each, the one commanded by Capt. E. M. Galt, the other by Capt. Albert Howell. They are mustered into service for an indefinite period of time and may be disbanded at the pleasure of the State. There are sixteen valuable bridges, besides smaller ones, upon the Road which is a great thoroughfare, and will be during the war a great military necessity. The destruction of two or three of these bridges over the large streams, might not only cause great derangement of the business of the Road and great inconvenience to the traveling public, but might so delay military movements as to cause the loss of an important victory. The expense to the State of keeping up a sufficient guard, is inconsiderable when compared with the object, and I shall feel it my duty to continue these troops in service, unless otherwise directed by the General Assembly. The only question with me, is, whether the two companies should not be increased to two regiments, and thoroughly armed, equipped and trained and kept constantly in the service of the State till the end of the war. So large a number of our arms-bearing men have gone from the State into Confederate service, that we cannot feel entirely secure against internal troubles from servile insurrection, and even two regiments of well armed and thoroughly disciplined troops at the command of the State government, might, in such event, be the means of preventing scenes of massacre and misery too appalling to contemplate. Should you think proper, by resolution or otherwise to direct such organization, it would meet my cordial approval, and I should lose no time in carrying your decision into practical operation.

Frequent complaints have been made to me that an association of persons, unfriendly to our government and cause, has been formed in the North-eastern portion of our State, and that the members of the association, probably some fifty to one hundred in number, to avoid military service, have concealed themselves in the mountains and live by plundering the citizens whose homes are near their lurking places. The State owes it to her citizens to afford them all the assistance in her power to protect them against these inroads. Should an organization of the character recommended, be formed, a portion of it might be cavalry, which might be used to scour the mountains for the protection of the inhabitants, or be thrown upon the coast, or into such other

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part of the State, as the security of the people might require.

DISTILLATION.

After our communication had been cut off by the enemy, and we could no longer get supplies of provision from Tennessee and Kentucky, it was soon discovered that we had none to spare, and it was doubted whether there was enough of grain in the State to answer all the demands for bread. The supply of Western whisky had however been cut off, as well as the supply of provisions, and the demand for that article increased till distillation was commenced at a rate that would, in the course of the Spring and early part of the Summer, have consumed all the grain that could have been purchased, and increased the price to an extent that must have put it out of the power of the poorer classes of our people, and especially the families of poor men who were in the army, to get bread. These facts were made known to me from different parts of the State, and earnest appeals were made for such action as would protect our people against this great wrong. After mature reflection, I was satisfied that it was my duty to exercise all the power I possessed to check the evil. The only question was as to my constitutional power to act. There could be no doubt that I had the power to take private property for public use, and as we were hard pressed by a powerful enemy, and needed all the ordnance and ordnance stores we could command, and as the stills were made of copper which could be used in the manufacture of field artillery, I issued my proclamation ordering the militia officers of the State to seize the Still of any person in the State who should continue distilling after the 15th day of March. While there were doubtless cases in which the proclamation was evaded, and while some military officers may have failed faithfully to discharge their duty, the evil was in the main checked, and bread was saved to our people.

The proclamation only prohibited distillation till the meeting of the General Assembly, and I now submit the question for your consideration. While it is hoped we may have a plentiful supply of corn for the use of the people of the State, and can spare some for the army, we do not know what may be the vicissitudes of war, and it is certainly the duty of the Statesman, at such a crisis, to do all in his power to so husband the blessings of Providence, as to prevent suffering and secure a supply of food for the people. I therefore respectfully recommend the passage of a statute prohibiting the distillation of grain into alcohol or ardent spirits, except under sufficient restrictions, for mechanical and medical uses, till the end of the present war. I think this legislation is demanded alike by an enlightened public opinion, and by the exigencies of the times.

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Since my proclamation I have permitted persons having contracts with the Confederate Government to manufacture necessary supplies of alcohol and whisky for the army, but I have found it very difficult to prevent abuses of this privilege, and I recommend that the terms upon which it shall in future be granted be accurately defined by law, and that Government manufactories be confined to one, or a few localities, so that this State shall not have to bear more than her just part of the burden of furnishing from her grain, the ardent spirits claimed to be necessary for the use of the army of the Confederate States.

I have reason to believe that government contractors have been through the State sub-letting their contracts, and getting whisky made at a much lower price than that paid them by the Government. This speculation should not be permitted, but the Government should be authorized to locate its distilleries at such points as it may select, and there by its agents to make Georgia's part of what it needs for medicinal uses and no more.

SALARIES OF PUBLIC OFFICERS.

I recommend that the Salary of every public officer in Georgia, which is fixed by law, where there is no constitutional prohibition, including the fees of officers of the Courts, be increased fifty per cent, and that the Judges be all placed upon an equality as they stood prior to your last session, before the fifty per cent is added, so as to give all the Judges of each Court the same compensation. Produce, clothing, groceries, medicines, and all the necessaries of life used by a family, have risen in the market to an average of at least five times as much as they cost when the fees and salaries of public officers were fixed by law. The depreciation of the currency and the scarcity of the supply of most of these necessaries, have united to produce this result. The public officer now receives the same number of dollars in currency which he formerly received in gold, and can purchase with it only one fifth as much of the necessaries of life. I do not propose to add five hundred per cent to the present salaries, which would place the public officer in as good a condition as he was before the war, but I propose to add only fifty per cent, and let him lose the four hundred and fifty, as his part of the burden imposed by the war. I think the most parsimonious citizen of the State cannot deny the justice of this proposition, nor contend that the public officer shall take all the burden without any of the compensation resulting from the present high prices. This increase should include the pay of the members and officers of the General Assembly as well as other public servants, if the Constitution will permit, and I think it does. In making this recommendation, I cannot be justly chargeable with interested

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motives, as my own salary, though not worth as much as one thousand dollars was when I first went into office, cannot, under a provision of the Constitution, be either increased or diminished during my term in office. This, however, furnishes no sufficient reason why others should suffer injustice. The farmer gets for most of the articles which he produces, from three to five times as much as formerly; the manufacturer and merchant do the same on their productions and stock in trade. The pay of the public officer is his living; or if you will allow the expression, his crop. Why, then, should he alone be confined to the old prices for his income and be compelled to pay the increased prices for all he has to purchase? It is not just, and a just people will not require it.

THE FAMILIES OF OUR SOLDIERS IN SERVICE.

The remarks made in reference to the high prices of the necessaries of life, apply to the families of our noble troops, who, by their gallant deeds, have illustrated the character of our State on the battle field, and rendered their names immortal on a brilliant historic page. These heroic citizen soldiers have till recently received but $11 per month from the Government as wages. The act of Congress, passed at its last session, as reported by the newspapers, raises the wages of the private and the non-commissioned officer four dollars per month. Many of these privates are poor men, who have left behind them large families dependent upon their own exertions for a livelihood. They may be obliged to expend part of their wages in camp for indispensable articles, but if they are not, and send it all back, it affords their loved ones at home a most meagre subsistence at the present prices of provisions and clothing. Some of the wealthier counties, under an act of the last session, are providing amply for the wants of the soldiers' families, while others are not able, without an oppressive tax, to render the large number within their limits much assistance. In this state of things, I think it proper that the wealth of the whole State, when necessary, be compelled to contribute to the wants of soldiers' families in all parts of the State, who need assistance. I therefore recommend that the State provide, by general appropriation, a bounty of one hundred dollars for the family of each soldier from this State in service for the war, or who may hereafter enter the service for a like period, whose property when last given in by him on the tax book, was worth less than one thousand dollars, and the like sum for each widow of a deceased soldier and for each widow who has a son or sons in service, or who has lost a son in service. And I further recommend, that the whole net proceeds of the Western & Atlantic Railroad for the ensuing year be appropriated to pay the

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bounty, and that freights be increased for that purpose twenty-five per cent. upon present prices, and that each person in this state who has been engaged in any kind of speculation, in any of the necessaries of life, be taxed thirty-three and one-third per cent. upon the net incomes of his speculation, to raise the balance of the fund. The oath of the tax-payer should be so amended as to compel each to state on oath the income of his speculation, and a heavy penalty should be provided against any one who swears falsely, I also recommend, that the Governor of the State be authorized to raise the money to meet the payment of this bounty by negotiating a temporary loan at five per cent. to be paid to the creditors, so soon as the money is paid into the Treasury by the State Road and the Tax Collectors. The act should provide for the appointment of one or more proper persons in each county to receive the money for the families and see that it is properly applied in the purchase of such supplies as are actually necessary for the comfort of each family, and should provide a heavy penalty against any one who shall misapply the funds due a soldier's family, or speculate directly or indirectly upon the bounty money. While they are absent, enduring all the hardships and privations of camp life, their families should be supplied, if need be, at the public expense, with such of the necessaries of life as their labor will not afford them, cost the State what it may. The money could be raised in the manner above recommended without serious burden to the people of the State, as a large part of the freight on the State Road is paid by speculators of this and other States, who, if their commodities were shipped for nothing, would still charge the highest prices for all they sell. The tax of thirty-three and a third per cent upon the incomes of those who have been speculating upon the necessaries of life would be just and proper, and would compel them to appropriate part of their gains to the benefit of our cause. Many of them are making large fortunes by taking advantage of the necessities of the poor and needy, and will do nothing for the public good unless they are compelled by laws too stringent to be evaded.

We need not attempt to close our eyes to the stern reality. The success of our cause depends upon the gallantry and endurance of our troops. They cannot fight unless they and their families can be supplied with at least the necessaries of life. The wealth of the country must come to their relief, and contribute whatever the exigencies may require. The question for each property holder to consider is, whether he will give up part for the protection of the balance, or withhold the necessary contribution and lose the whole.

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EXEMPTION OF SOLDIERS FROM TAXATION.

In consideration of the hardships and privations endured by our soldiers in service, and the necessities of the families of many of them, I recommend the enactment of a law exempting all soldiers while in service from the payment of poll tax. I also recommend the exemption of one thousand dollars of the property of each soldier from all taxation during his continuance in service. Large numbers of our troops have not more than one thousand dollars worth of property each. This is all needed for the comfort of their families in their absence, and should be exempt from the burdens of taxation. Those who have more than one thousand dollars should only be required to pay on the balance beyond that sum.

I think it just that the wealth of the State and those who remain in the enjoyment of home comforts, many of whom are accumulating fortunes by speculation, should bear the burden of the taxation necessary to support the Government, and the families of those who meet the enemy on the field of battle.

CLOTHING FOR THE GEORGIA TROOPS.

Information of the most authentic character has been received from the army, which verifies the report that many of the Georgia troops in Confederate service are almost destitute of clothes and shoes, and must suffer terribly this winter, if speedy relief is not afforded. This suffering should never be permitted by the people of the State as long as we are able to raise a dollar for their relief. I have recommended the Georgia Relief and Hospital Association to draw and expend for clothes and shoes for the most destitute, the remaining portion of the appropriation which they have not had occasion to use for hospital purposes, not doubting that such an application of the money would meet your cordial approval. They have done much, but there is still much more to be done.

To meet the emergency, I recommend the passage of a joint resolution of the two Houses, at the earliest day possible, authorizing the Governor of this State, if satisfactory arrangements cannot be made with the proprietors, to seize all the factories and tanneries in this State and to appropriate their whole products to this use, till a good pair of shoes and a good suit of clothes are furnished to every Georgia soldier in service who needs the assistance. I do not know that the Confederate Government would pay for the supply thus furnished. If not, the State is able to give these necessary articles to her brave sons who are suffering for them, and her people should not hesitate a moment to do it. It would not be necessary to keep the possession of the factories and tanneries long, as the winter's supply could soon be made. The resolution should fix the price per yard to

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be paid for cloth, the price per pound to be paid for leather, and the price to be paid for shoes if found ready made. As no authority was given me at your last session to expend money to furnish necessaries to the troops in Confederate service, I have not felt authorized to make the seizures now recommended, till you have given your sanction to the proposed action. The cold part of the winter is fast approaching, the climate of Virginia and Kentucky is severe, and I think humanity, as well as justice to our fellow citizens under arms, requires prompt action.

COTTON AND PROVISIONS.

While cotton has long been the great staple production of the State of Georgia and several other States of the Confederacy, we have been accustomed to draw a large portion of our supplies of provisions from the Western States. In the present condition of the country this is no longer possible. Our ports are blockaded and we cannot import from abroad, We are therefore left to depend upon ourselves for the production of a supply sufficient for our people at home and our army. We have the ability to make this supply, if all our labor, except enough to make cotton for home consumption, is employed in the production of grain and other articles used to sustain life. But so large a proportion of our laboring men will be under arms during the ensuing year, that we cannot probably do more than this. Without a supply of provisions it is impossible to sustain our army in the field and prevent the enemy from triumphing over us. This question, then, becomes one of the most vital importance, one upon which not the "national life," but the lives of our people and the cause of the Confederacy depend. The price which cotton now brings in the market, presents the strongest temptation to the planter to produce a large crop. And it is feared that without the restraining influence of prohibitory legislation, much of our land and labor will be employed in its production next year. The conduct of the planters of this State during the present year has generally been alike commendable and patriotic. But few have produced large crops of cotton. The fact must not be overlooked, however, that the price was low last spring and the temptation very small in comparison with that now presented.

While our ports are blockaded, we cannot make useful, more than is required to clothe our own people. Then why produce it, and lay it up in store to tempt the enemy to penetrate the interior of our country to obtain it? Or why keep it for the benefit of commercial nations after we have achieved our independence? They have left us at a most critical period to take care of ourselves. Why, then, should we not leave them to feed their own starving operatives till such time as it is compatible with our public interest

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to produce the supply of cotton, without which they must number their paupers by millions, and support them by taxation? The States can regulate this production by the exercise of their taxing power. There has, I believe, never been a tax act in Georgia, from the earliest period of the State government to this day, which did not discriminate between different kinds of property and tax some one higher than another. When the power of discrimination is admitted, the extent of its exercise is dependent upon the discretion of the Legislature. The power to discriminate has not only been admitted in this State, but the practice has been uniform in its exercise. I therefore recommend the enactment of a law imposing a tax of one hundred dollars upon each quantity of seed cotton, sufficient to make a bale of four hundred pounds of picked cotton produced next year upon all excess over what is actually necessary for a home supply. Beyond such supply, production should only be permitted upon the payment of a tax which renders it unprofitable to the avaricious.

I make no recommendation for the imposition of a tax upon the crop of the past year, for the reason that the Legislature had not in advance notified the people of the State of the necessity which must induce a change of policy in the taxation of this staple production. As the law upon the Statute Book exempted the growing crop from taxation when planted, and as many of our planters were absent from the State in military service and had but little opportunity to look to their crops or other home interests, it would seem to be improper, by retroactive legislation, to load it with a heavy tax when gathered. Our policy should be made known in advance, that each citizen, when he plants his crop, may know what the State will require on the production when made.

WESTERN & ATLANTIC RAILROAD.

For the operations of the Western & Atlantic Railroad during the past fiscal year, you are referred to the Report of its faithful Superintendent. It will be observed that the Road is now out of debt, so far as the existence of any just claim against it is ascertained. It has paid into the Treasury of the State four hundred and forty thousand dollars out of net earnings for the past year, and there was due the Road on the 30th September last, $577,864 78 from the Confederate Government for transportation of troops and military stores. Payment has been demanded, but not made, the Secretary of the Treasury insisting that we should receive Confederate bonds. This I have declined to do, on the ground, that there is no law of the State authorizing the Superintendent to receive bonds and pay them into the Treasury; and on the further ground, that it is not

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the policy of the State, while she is in debt, to invest in the bonds of any other State or government. I have therefore demanded Confederate Treasury notes which pass as currency, and can be used by the State in payment of her own indebtedness and her current expenses. I trust the claim may be paid without much further delay.

The Road bed is in excellent condition, and I have at my command the means to keep it so. I was so fortunate last winter as to be able to purchase eleven hundred tons of new railroad bar at fifty dollars per ton. This iron is now worth in the market at least one hundred and fifty thousand dollars more than I paid for it. I was not the legal purchasing agent of the Road, and if iron had fallen as much as it has risen, it is quite probable there might have been loud complaints, had I insisted that the Road take the iron. I have, however, given the Road the benefit of the contract, which is worth to the State the sum above mentioned. I could sell the iron at any time, and, after refunding the sum paid for it, could pay into the Treasury of the State one hundred and fifty thousand dollars as balance of proceeds of the sale.

Since I was first inaugurated as Governor of the State, the Road has paid into the State Treasury $1,948,000, and has paid $302,081 07 in satisfaction of debts and unliquidated demands for which it was then liable. It is now in as good condition in every respect as it then was, with the exception of the rolling stock, which has not been kept up as well as usual for the last two years, on account of the impossibility of procuring, at any price, part of the material used in construction and repairs. The amount due the Road from the Confederacy is, however, more than double the sum that would be required to make the repairs complete.

Upon the application of the military authorities of the Confederate States, they have frequently been permitted to take our cars and engines and carry them on other Roads, to such points as emergencies might require. The lamented General Albert Sidney Johnston had ordered a large number of our cars upon the Memphis & Charleston Road, a short time before the battle of Shiloh, which, on account of the possession of that Road by the enemy, have not been returned. At this and other points we have lost 180 cars while in Confederate service. Should they never be returned, it is expected that the Confederacy will pay for them just compensation.

DEFENCE OF SAVANNAH.

I have been informed by the Military Commander at Savannah that it is intended to make a defence of the city "to extremity," and he requests assistance from the State, in the removal of the women and children and other non-combatants from the city. In view of the fate of New Orleans

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and other cities which have been surrendered to the enemy, I cordially endorse and approve this resolution of the Confederate General. Let us hold the city as long as a house or a brick wall is left standing, behind which our troops can fight; and let the State assume the loss occasioned by the destruction of property, or at least divide it with the sufferers.

It will be necessary that food and shelter be provided for such of the non-combatants as are unable to take care of themselves, as soon as possible, that they may be removed in advance of the attack. I therefore recommend an early appropriation of two hundred and fifty thousand dollars for this purpose.

STATE UNIVERSITY.

In compliance with the statute, I herewith transmit the report of the Trustees of the University for the past year.

PENITENTIARY AND ASYLUMS.

For a statement of the condition of the Penitentiary and Asylums of the State, you are referred to the respective reports of the principals in charge. It will be seen by reference to the report of Col. James A. Green, the Principal Keeper of the Penitentiary, that he has paid into the State Treasury, ten thousand dollars of net profits for the past fiscal year. Col. Green's able and faithful management of the Institution is entitled to high commendation.

OBSTRUCTIONS OF OUR RIVERS.

It is said the enemy are preparing gun-boats of light draught to ascend our rivers, and plunder our inland towns and cities, while the waters are high in the winter season. This can probably be prevented in no other way so effectually as by the obstruction of our streams. Most of them can be entirely obstructed by felling the timber which stands upon the banks into the channel of the stream. It may, however, be very difficult at the end of the war to remove these obstructions and restore the navigation of the river.

As a Confederate General, who is an Engineer of the first order of ability and acquirements, is in command of the Military Department which embraces this State, I have thought it best to leave the matter entirely in his hands till your meeting.

The question as to the best means of defence, in the absence of any action by the Confederate authorities, is an important one well deserving your serious consideration. I doubt not that the legislative department of the State Government participates in the regret felt by the Executive, that the Confederate authorities have done no more for the defence of the State, when so large a proportion of her militia

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have left her limits and gone into Confederate service, as to leave her almost powerless for her own protection.

MILITARY ORGANIZATION OF THE STATE.

The efforts which our relentless foe has proclaimed to the world, that it is his purpose soon to make, in violation of all rules of civilized warfare, to incite servile insurrection among us, not unnaturally create serious concern in the mind of every Georgian. So large a number of our armsbearing men have already gone into the military service of the Confederacy, and so many more may soon be required, that we have comparatively a small number left in each county, and in some localities where the slave population is very large, scarcely enough to direct their labor remain with them. Those who remain have generally given up all their best arms to those who have gone, and they are now nearly destitute of arms or ammunition. Our women and children are, therefore, left at home almost entirely without protection. In this condition of our people, a general insurrection, even at the most exposed points, might be productive of scenes of misery and horror which no language can describe. To provide every means possible for the prevention of this terrible calamity, is the highest obligation of every Georgian and the imperative duty of every representative of the people. Instead, therefore, of permitting our military organization to be disbanded at this critical moment, I recommend the enactment of such laws as will protect every military and other State officer in his position, and compel him to discharge his duties, or submit to heavy penalties. I also recommend an extension of our State militia laws so as to embrace all persons between sixteen and sixty years of age, who are able to perform service in their respective militia districts and counties; and that the best provision possible be made to arm at least a portion of the militia of each county most exposed to danger. As it is not possible to procure a sufficient supply of fire-arms for this purpose, I recommend that provision be made to arm as many as possible with good pikes and knives. As the insurgents would not be able to procure many guns, pikes and knives in the hands of the militia might, in the absence of better arms, be made very serviceable in defence of our homes till the armed regiments, which I have recommended to be kept in the service of the State, could be thrown to the point attacked, or menaced with attack. If it were generally known among our slaves that these precautions had been used, and, in addition to the militia, that a regular armed force is kept constantly ready to be thrown rapidly upon them, should they become insubordinate, I cannot doubt that a salutary effect would be produced. It might also be wise to provide for a mounted police in each

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of the counties most exposed, to be kept as a volunteer company, ready for service at a moment's call, to drill once a week, and each member to receive a reasonable compensation for his services on the day of drill.

GEORGIA MILITARY INSTITUTE.

It affords me much pleasure to state that this valuable State Institution has been in a prosperous condition during the past year. Many more cadets were offered than the buildings would accommodate. I respectfully recommend an appropriation, of fifty thousand dollars to be used for the erection of the necessary buildings, the improvement of the grounds, and for such other purposes, as the board may find indispensable to the permanent establishment of the Instition upon a solid basis.

ADJUTANT AND INSPECTOR GENERAL.

The report of the Adjutant and Inspector General, of this State with the accompanying documents, which give a full and sufficiently detailed account of the official transactions, and expenditures connected with that Department, together with valuable suggestions upon the military organization of the State, is herewith transmitted.

General Wayne was the first man who responded to the call of his State, when the dissolution of the Union was seen to be inevitable, and resigned an honorable and comfortable position in the army of the United States to cast his lot with his native land, and share her fortunes whether for weal or for woe. From that day to the present time no one has labored more incessantly or zealously, to secure the safety, and promote the prosperity and glory of his mother State. His labors connected with our military organizations, both for State and Confederate service, have been invaluable; and while he has always shown the self-sacrificing disposition which is seen in his report, no intelligent Georgian, acquainted with the duties of his office, and its importance, would willingly consent to dispense with his services, during the existence of the war.

APPROPRIATION FOR MILITARY PURPOSES.

To meet any expenditures which it may become indispensible to make for the defence of the State, and the protection of our homes during the ensuing year, I recommend the appropriation of three millions of dollars as a military fund. I trust the action of those responsible during the past year, will be received as a sufficient guaranty, that no more of the fund will be used than the exigencies of the service may require.

SMALL POX.

This dangerous disease has made its appearance in several places in our State. Soldiers who have been exposed to it

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without their knowledge, are occasionally returning home on furlough, and there is danger that it may spread and become a great scourge.

As our people are too careless about adopting the necessary preventive, I recommend such legislation as will secure the early vaccination of all persons in the State subject to the disease.

SALT.

Messrs. Stotesberry and Humphries, of Scriven county, complied with the terms prescribed by the act passed at your last session, on the subject of the manufacture of salt, and after giving a mortgage on sufficient property, drew $10,000 of the appropriation. I am not aware of any active efforts made by them to any considerable extent to make salt. Under the circumstances, they should either proceed with the business or refund the money which under the law, they hold without the payment of interest.

Finding that the money placed at my command by the act would be wholly inadequate, and that but little could be expected under the provisions of this statute, I felt it my duty to take the responsibility to make such arrangements as in my judgment would do most to secure a supply of this indispensable article to our people. The Virginia Salt Works in Smythe and Washington counties, were believed to be the resource most to be relied upon. The Legislature of that State held an extra session early in the summer, and determined not to purchase nor lease those works, but to leave them in the hands of the proprietors. Immediately after the adjournment of the session, I sent Hon. John W. Lewis (who tendered his services without compensation, at his own expense,) to the works, as the agent of this State. While there, he succeeded in closing a contract with the proprietors for the use of water and privilege to make 500 bushels of salt per day. This was the greatest quantity he could at that time procure privilege to make. He also employed Maj. M. S. Temple, of East Tennessee, to manufacture the salt for the State. The whole cost to the State of each bushel of fifty pounds is one dollar and fifty cents, when weighed from the kettles. We have to receive the salt as it is made, before it is thoroughly dry, and it loses about one-fifth in drippage and wastage by the time it reaches Atlanta. The sacks, the express freight upon them, and the Railroad freights on the roads in East Tennessee and Virginia are all uncommonly high.

Feeling that it was the duty of the State to afford relief as far as possible, first to the families of our gallant soldiers, I directed the Commissary General of the State, who is charged with the responsibility of the distribution of the salt, to make a donation of one-half bushel to the widow of each soldier of this State who has died in military service,

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and to each widow who has lost a son in service; and to sell to the Inferior Court of each county a half bushel for one dollar, for each family of a soldier now in service, or of a widow who has a son in service. The Justices of the Inferior Courts of the several counties have been requested to make a return to the Commissary General of the names of all the soldiers' wives and widows in their respective counties, and I directed that officer to distribute the salt among the counties in the order in which the Courts made their reports. Consequently, the counties whose Courts were most active and reported first, have long since received their salt, while some, I believe, have not yet reported.

So soon as this distribution is completed, it is proposed to put the State salt upon the market, at such rates as will enable us to pay all cost upon it. It will probably be necessary to sell the balance at about five dollars per bushel, to make it pay all costs and charges. By the adoption of this plan, all who purchase are taxed something for the assistance of the soldiers' families and widows who have had each one half bushel on the terms above mentioned.

In the next distribution, each citizen will only be permitted to receive one bushel, till all have received some relief. The soldiers' families needing over one-half bushel will be allowed the preference in this distribution upon the payment of the prices paid by others. Many a poor family will need little more than the half bushel which they receive under the first distribution. Those having more means can afford to pay the prices paid by other citizens, for what they need over the half bushel.

It affords me much pleasure, in this connection, to state, that a company of patriotic citizens having its office in Troup county, and another in Augusta, have obtained privilege to make salt at the Virginia Works, and are now turning out daily a large quantity. The State is making 500 bushels per day and these companies will soon average each that quantity daily. They propose first to supply themselves, and then to sell to the citizens of the State without speculation. The State and each of these companies has had much difficulty in procuring the necessary labor and material to put their works into successful operation. This difficulty has been overcome, however, after some delay, which we would gladly have avoided. I feel that I should fail to do my duty were I not to state in this connection, that the people of this State owe much of gratitude to Hon. B. H. Bigham, who is a member of your body, for his great energy and activity as the President of the Troup company. He has spent his time at the works and superintended in person, and has rendered very valuable service to the company and to the State.

The Railroad Companies of the State have promptly responded

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to a request made by me, that they carry the State's salt to the depots of deposit, and thence to the depot of distribution for each citizen free of charge. This act entitles them to the thanks of the whole people. I have ordered that the State salt, the salt made by the two companies from this State, and all salt purchased at the works by persons or county associations for their own use, when no speculation is intended, be carried free of charge over the State Road.

As no appropriation had been made which could be used, in carrying out my contract for the Virginia Salt, I ordered the Treasurer of the W. & A. Railroad to advance to the Commissary General sufficient funds to meet the necessity. It will be necessary that the money be refunded to him to enable him to keep his accounts correctly. For this purpose, I recommend the appropriation of one hundred thousand dollars to be used in the purchase of salt and refunded to the Treasury of the State when the salt is sold.

Within the last few days Messrs. Graves and Goldsmith have proposed to devote their whole energies to the importation of salt into the State from the mine at New Iberia in Louisiana. They do not propose to sell the salt on speculation, but wish only compensation for their efforts and expenses. I have agreed to pay them $7.50 per bushel of fifty pounds for all they will deliver in Atlanta by 1st of March next. If the enemy do not interrupt the transportation, it is hoped their patriotic efforts will be attended by successful results.

Upon this subject it only remains for me to express my deep regret at the course lately taken by the Legislature of the State of Virginia. As above stated, no contract was made with the proprietors of the salt works in that State, till after the adjournment of the Legislature, which in extra session had taken the question of a supply of salt into its consideration, and had adjourned, without having taken any action, so far as I am informed, indicating a purpose to seize the works. Feeling that I then had a perfect right to contract with the proprietors, I entered into the engagements, which I have mentioned, with them, and have had large expenditures made in accordance with the contract. The two companies from this State, with my approval, acted in like manner, and have expended large sums in preparing to make salt, not for speculation, but for home supply. Other States also followed the example of Georgia. I am not aware, however, that the State of Virginia made, or, till a late period, attempted to make a contract with the proprietors of the works for the privilege to make salt on State account. About the time the works of this State, and of other States were going into successful operation, the Legislature of that honored commonwealth

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again met in extra session, and finding that the people of Virginia were in need of salt, authorized the Governor, in case of necessity, if other resources failed, to seize the works of the other sister States within her borders. This seizure, if made, takes from the families of Georgia soldiers now in Virginia, defending the homes of the people of that State more immediately than their own, all hope of getting salt in time to prevent great suffering. This is not an appeal to Virginia to furnish to our soldiers' families that which she has made, but it is an appeal to her to act in good faith, and not take from them that which the State of Georgia has made with her own capital and labor. If Virginia should make the seizure under the circumstances, her conduct will, in my opinion, be inconsistent with the character of the "Mother of States."

So soon as I saw the act of the Legislature of that State in the newspapers, I addressed a letter to His Excellency Governor Letcher, upon the subject, a copy of which I herewith transmit. I regret to say to you that I have received no reply from him, and am therefore unable to announce to you what will be his policy. The salt made by the Troup Company was seized under his proclamation and subsequently released, but we have no guaranty against future seizures. While I will not believe, till compelled, that Virginia will attempt to rob Georgia of rights so important, at so critical a period, I shall be ready to carry out any instructions of the General Assembly for the defense of the rights of the State of Georgia to the last extremity. We cannot submit to be deprived of the salt we are making under fair contracts made with the proprietors of the works, with the assent of the State of Virginia strongly implied, and with full knowledge on her part for months prior to the late act of her Legislature, that Georgia was making heavy expenditures at the works to which she did not object.

CONCLUSION.

Profoundly impressed with the importance of the struggle in which we are all engaged, the common dangers and privations to which we are exposed, and with the necessity for unanimity and harmony in our legislative action; I am prepared to sacrifice every personal consideration, to the promotion of concord and unity, between the different departments of the Government of the great State, whose people have honored us with their confidence at a time of no ordinary peril; and to join with the General Assembly in returning thanks to Almighty God for his past mercies, and offering fervant invocations for his future protection.

JOSEPH E. BROWN.

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On motion of Mr. Seward, the reading of the Special Message of the Governor was postponed for the present.

Mr. Seward reported the following resolution, which, on motion, was taken up and adopted, to-wit:

Resolved, That the President of the Senate proceed to reorganize the committees of the Senate appointed at the last session of the General Assembly, or, at his discretion, to retain as far as possible the committees of the last session as the committees of the present session--filling up such vacancies as may have occurred.

On motion, leave of absence was granted to Mr. Beasley on account of sickness in his family.

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

3 O'CLOCK P. M.

The Senate met according to adjournment.

The Special Message of the Governor was taken up and read, as follows:

SPECIAL MESSAGE.

Executive Department,
Milledgeville, November 6th, 1862.

To the Senate and
House of Representatives:

The great struggle for liberty and independence in which we have been engaged during the past year, against a powerful and relentless enemy, has called not only for the exercise of the united energies of our whole people, but for the most costly sacrifices of blood and treasure. When we look at the material of which the armies of the contending parties are composed, we can but exclaim, how unequal the contest! In the armies of the South are found her noblest and best sons, whose valor upon the battle field has been unsurpassed, and whose blood in abundant profusion has been poured out, a rich sacrifice upon the altar of liberty. The Northern armies, on the contrary, have been composed, in a great degree, of imported foreigners and paupers, and of the worst classes of Northern society, who have served as mercenaries, and whose destruction, in many instances, has been rather a relief than a misfortune to society. But the contrast does not stop here. The motives which prompt the people of the two sections to protract the war, are as different as the material of which the two armies are composed, is unlike. The people of the North are fighting for power and plunder, the people of the South for

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the liberty and independence of themselves and their posterity. Our enemies have it in their power to stop the war whenever they are content to do justice and let us alone. We can never stop fighting while they continue to attempt our subjugation, but must prosecute the war with vigor, if necessary, to the expenditure of the last dollar and the destruction of the last man, If we are subjugated, let it be only when we are exterminated. We were born free; and though it be upon the battle field, we should die free.

This I believe to be the unanimous sentiment of the people of Georgia who have, on this question, laid aside all party divisions and differences; and have, from the commencement of the struggle, promptly discharged their whole duty to the cause, and to their brethren of the other Confederate States. Not a requisition has been made upon Georgia by the President of the Confederacy for assistance which has not been met without delay; and in every case of requisition on the State for troops, more men have been tendered than were required.

In the face of this proud record, no plea of necessity could be set up, so far as Georgia was concerned, (and I believe the remark will apply generally to all the States,) for the passage of any act by Congress to raise troops, which either infringed her constitutional rights or disregarded her sovereignty. The Act of Congress of 16th April last, usually known as the Conscription Act, in my opinion, does both; and is not only a palpable violation of the Constitution of the Confederacy, but a dangerous assault upon both the rights and the sovereignty of the States. Who supposed, when we entered into this revolution for the defense of State Rights against Federal aggression, that, in a little over one year, the persons of the free-born citizens of the respective States would be regarded and claimed, while at home in pursuit of their ordinary avocations, as the vassals of the central power, to be like chattels, ordered and disposed of at pleasure, without the consent, and even over the protest of the States to which they belong; and that he who raised his voice against such usurpation would be denounced by the minions of power as untrue to the cause so dear to every patriotic Southern heart? And who that has noticed the workings of the conscription policy, will say that this picture is overdrawn? Not only the rights and the sovereignty of the States have been disregarded, but the individual rights of the citizen have been trampled under foot, and we have by this policy been reduced, for a time at least, to a state bordering upon military despotism.

This extraordinary act has been defended, however, by two classes of individuals, upon two distinct grounds. The first class admit its unconstitutionality, but justify its passage upon the plea of necessity, and say that without it the

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twelve months volunteers could not have been kept in the field in a time of great emergency; and further, that the Constitution is a mere rope of sand in the midst of revolution. The second class justifies it on the ground that Congress had the right under the Constitution to pass it. Is either correct?

To the first, it may be replied that the plea of necessity cannot be set up, till it can be shown that the States when called on had neglected or refused to fill the requisitions made upon them for troops by the President. Again, in reference to the twelve months troops, it should be remembered that the Government only called on them to volunteer for that period before they left their homes, and that the contract clearly implied between them and the Government, was that they should faithfully serve it, and do all their duty as soldiers for that period, and that they should have all the rights of soldiers, with the legal pay and allowances, and should in good faith be discharged and permitted to return home at the end of that time. The Government cannot, therefore, be justifiable in violating its contract, and acting in bad faith towards, them, no matter how great the emergency may have been, unless it can be shewn that the Government, by the exercise of due foresight and energy, could not have supplied their places in time to meet the emergency. The fact that they were twelve months men was well known to the Government from the time they entered the service. Why then were not requisitions made upon the States for enough of troops to fill their places a sufficient time before the expiration of their term, to have men in sufficient numbers ready for service? But admit that the Government had neglected this plain duty till it was now too late to get the men from the States in time to meet the crisis, and that it had on that account become necessary for it to violate its contract with the twelve months men, to save the cause from ruin; was it then necessary to pass a general Conscription Act to accomplish this purpose? Could it not have been done by simply passing an act compelling all twelve months men, of every age, to remain in service for ninety days, as all under 18 and over 35, though not conscripts, were compelled to do? This would have given the Government three months more of time to provide against the consequences of its former neglect, and raise the necessary force, and would have left the troops, in the meantime, under the command of the officers appointed by the States, as provided by the Constitution. The emergency would thus have been met, more of justice been done even to the twelve months volunteers, and no dangerous precedent at war with the constitutional rights of the citizen and the sovereignty of the States would have been established. It must also be

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recollected while upon this part of the subject, that the act, by its plain letter, deprived the troops who had volunteered for the war, in response to calls made by the States to fill requisitions made upon them, of the right to elect their officers, when so authorized by the laws of their respective States, and have them commissioned by their State authorities; and that it established a system of promotion of officers in violation of this right of the troops, and authorized the President to issue the commissions. What pressing necessity existed to justify this act of palpable injustice to the State volunteers, who had entered the Confederate service at the calls of their respective States for the war, with the constitutional guaranty that their officers should be appointed by the States, and with the further guaranty from the States, as in this State, that they should have the right to elect those who were to command them? But it is said by the first class of advocates of conscription, that the Constitution must yield to the exigencies of the times, and that those in authority may violate it when necessary during the revolution; if so it of course follows that those in authority must be the judges of the necessity for its violation, which makes their will the supreme law of the land. If this were the intention of the people, why did they form a Constitution at the beginning of the revolution, and why did they require all our Senators and Representatives in Congress, all the members of the Legislatures of the several States, and all executive and judicial officers of the Confederate States, and of the several States, to take an oath to support this Constitution?

When the Governor of this State and each member of the General Assembly took a solemn oath to support the Constitution of the Confederate States, no exception was made which relieved them from the obligations of the oath during the revolution. This fact should be remembered by those who admit the violation of the Constitution, but severely censure the public officer who, true to his obligation, throws himself in the breach for the support of the Constitution against the usurpation.

I here dismiss the first class of advocates, and turn to the justification set up by the second, which from its nature, however unfounded, is entitled to more respectful consideration. Does the Constitution authorize Congress to pass an act such as the one now under consideration?

The advocates of this power in Congress rest the case upon the 12th paragraph of the 8th section of the first article of the Constitution of the Confederate States, which is an exact copy of a similar paragraph of the same article and section in the Constitution of the United States. This paragraph gives Congress the power "to raise and support armies." The advocates of conscription take this single

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clause of the Constitution alone, and contend that it does not define any particular mode of raising armies, and that Congress has the power, therefore, to raise them either by voluntary enlistment, or by conscription or coercion, as it may judge best.

The Convention which framed the Constitution of the United States, of which ours is a copy so far as relates to this point, must be supposed to have used terms in the sense in which they were usually understood at the time, in the government which had lately been their own, and from which as descendants they had derived not only the terms used, but their whole system of language and laws, civil and military. In placing a just construction upon the phrase to "raise armies," as used by the Convention, we are, therefore, naturally led to inquire how armies had been, and were at that time, raised by the British Government, from which the members of the Convention "had derived most of their ideas upon this subject" By reference to the legislation and history of the British Government, it will be found that armies were not then raised in that Government by conscription, but only by voluntary enlistment. This was not only the case at the time of the adoption of the Federal Constitution, but had become the settled and established practice of that Government, after deliberate consideration of the question; which fact cannot be presumed to have been unknown to the Convention when they used the phrase now under consideration.

The terms used by the Convention having acquired a definite meaning well understood and recognized by all, we cannot justly presume that the members of the Convention intended that these terms when used by them, should be understood in a different sense. Had this been their design, they would certainly have used such qualifying language as would have left no doubt of their intention to reject the ordinary acceptation of the terms, and use them in a different sense.

By reference to the constitutional history of Great Britain, it will be seen that a bill was attempted in 1704 "to recruit the army by a forced CONSCRIPTION of men from each parish, but was laid aside as UNCONSTITUTIONAL." It was tried again in 1707 with like success; but it was resolved instead to bring in a bill for raising a sufficient number of troops out of such persons as have no lawful calling or employment. A distinguished author says: "The parish officers were thus enabled to press men for the land service, a method hardly more constitutional than the former, and liable to enormous abuses." The act was temporary, and was temporarily revived in 1757, but never upon any later occasion. The Convention of 1787 sat thirty years after the British Government had abandoned the policy of conscription,

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even of persons having no lawful employment, as unconstitutional. The Convention was composed mostly of intelligent lawyers, who were well acquainted with this fact, which leaves no room to doubt that when they gave Congress the power to "raise armies," they intended that the phrase to "raise armies" should be understood in the sense then attached to it, and that the armies should be raised by volunteer enlistment; which was the only constitutional mode then known in Great Britain or this country. It had not only been solemnly determined by the proper authorities in the kingly government of Great Britain long before the commencement of the American revolution, that it was unconstitutional to raise armies by conscription, but even the monarchical government of France, had not yet ventured so far to disregard the rights of the subject of that Government, as to adopt this practice, which places each man subject to it, like a chattel, at the will of him who, under whatever name, exercises monarchical power. The practice of the Government of the United States was also uniformly against conscription from its creation to its dissolution.

In view of these facts of history, can it now be just to charge the great and good men who framed our republican government with the grave mistake of having conferred upon the General Government of a Confederation of States powers over the persons of the citizens of the respective States, which were at the time, regarded too dangerous to be exercised by the most absolute European monarchs over their subjects?

When we construe all that is contained in the Constitution upon this subject together, the meaning is clear beyond doubt. The powers delegated by the States to Congress, are all it has. These are chiefly enumerated in the 8th section of the 1st article of the Constitution.

Paragraph 11, gives Congress power,

"To declare war; grant letters of marque and reprisal, and make rules concerning captures on land and water;"

Paragraph 12,

"To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;"

Paragraph 13,

"To provide and maintain a Navy;"

Paragraph 14,

"To make rules for the government and regulation of the land and naval forces."

If it were the intention of the Convention to give Congress the power to "raise armies" by conscription, these four consecutive paragraphs gave plenary powers over the whole question of war and peace, armies and navies; and

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it could not have been necessary to add any other paragraph to enlarge a power which was already absolute and complete.

If Congress possessed the power under the 12th paragraph above quoted, to compel every officer and every citizen of every State to enter its armies at its pleasure, its power was as unlimited over the persons of the officers and citizens of the States, as the power of the most absolute monarch in Europe ever was over his subjects; and it was extreme folly on the part of the Convention to attempt to increase this absolute power by giving to Congress a qualified power over the militia of the States, when its power over every man composing the militia, was unqualified and unlimited. That the Convention was not guilty of the strange absurdity of having given Congress the absolute, unlimited power now claimed for it, will be seen by reference to the two next paragraphs, which give only limited powers over the militia of the States.

Paragraph 15 gives Congress the power,

"To provide for calling forth the militia to execute the laws of the Confederate States; suppress insurrections, and repel invasions;"

Paragraph 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, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress."

Now it must be admitted that Congress had no need of the limited power over the militia of the States, which is given by the two last paragraphs, if it possessed under the 12th paragraph, the unlimited power to compel every man of whom the militia is composed, to enter the military service of the Confederacy at any moment designated by Congress.

When the six paragraphs above quoted, are construed together, each has its proper place and its proper meaning; and each delegates a power not delegated by either of the others. The power to declare war, is the first given to Congress; then the power to raise and support armies; then the power to provide a Navy; then the power to make rules for the government and regulation of the land and naval forces. Congress may, therefore, make war; and as long as it can do so by the use of its armies raised by voluntary enlistments, (which was the meaning of the term "to raise armies," when inserted in the Constitution,) and by the use of the navy, it may prosecute the war without calling upon the States for assistance, or in any way interfering with the militia. But if it should become

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necessary for Congress to employ more force than the army and the navy at its command, in the execution of the laws of the Confederacy, the suppression of insurrection, or the repulsion of invasion, Congress may then, under the authority delegated by paragraph 15, provide for calling forth the militia of the States, for these purposes. When this is done, however, paragraph 16 guards the rights of the States, by reserving, in plain terms, to the States respectively, the appointment of the officers to command the militia when employed in the service of the Confederate States. This authority was regarded by the Convention of 1787, as of such vital importance, that they, with almost entire unanimity, voted down a proposition to permit the general government to appoint even the general officers; while the most ultra federalist in the Convention, never seriously contended that the States should be deprived of the appointment of the field and company officers. The Convention doubtless saw the great value of this reservation to the States, as the officers who were to command the militia when in the service of the Confederacy, would not be dependent upon the President for their commissions, and would be supposed to be ready to maintain with their respective commands, if necessary, the rights of the States against the encroachments of the Confederacy, in case an attempt should be made by the latter to usurp powers destructive of the sovereignty of the former. On the contrary, should the officers to command the militia of the States in the service of the Confederacy, be appointed by the Confederate Executive and be dependent upon him for their commissions, they might be supposed to be more willing instruments in his hands, to execute his ambitious designs, in case of attempted encroachment.

When, therefore, the different delegations of power are construed together, the whole system is harmonious. When Congress has declared war, and has used all the power it possesses in raising armies by voluntary enlistment, and providing a Navy, and still needs more forces for the purposes already mentioned, it may then provide for calling forth the militia of the several States, as contradistinguished from its armies and Navy; and here, for the first time, the States as such, have a voice in the matter; as Congress cannot call forth the militia without giving the States the appointment of the officers, which gives them a qualified power over the troops in the service of the Confederacy, and an opportunity to be heard, as States, if the delegated powers have been abused by Congress, or the military force is likely to be used for the subversion of their sovereignty.

As the residuum of powers not delegated, is reserved by the States, they may, when requisitions are made upon

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them for troops by the Confederacy, or when necessary for their own protection or the execution of their own laws, call forth the militia by draft or by accepting volunteers.

The advocates of conscription by Congress, have attempted to sustain the doctrine by drawing technical distinctions between the militia of the States, and all the arms-bearing people of the States, of whom the militia is composed. In other words, they attempt to draw a distinction between a company of militia of one hundred men in a district, and the one hundred men of whom the company is composed. And while it is admitted that Congress cannot call forth the company by conscription but must take the company with its officers, it is contended that Congress may call forth, not the company, but the one hundred men who compose the company, by conscription; and by this evasion, get rid of the State officers and appoint its own officers. This mode of enlarging the powers of Congress and evading the constitutional rights of the States, by unsubstantial technicalities, would seem to be entitled to respect, only, on account of the distinction of the names of its authors, and not on account of its logical truth, or the soundness of the reasoning by which it is attempted to be maintained.

If Congress may get rid of the militia organizations of the States, at any time, by disbanding them, and compelling all the officers and men of whom they are composed, to enter its armies as conscripts, under officers appointed by the President, the provision in the Constitution which reserves to the States the appointment of the officers, to command their militia, when employed in the service of the Confederacy, is a mere nullity whenever Congress chooses to enact that it shall be a nullity.

Again, if Congress has power to raise its armies by conscription, it has the power to discriminate and say whom it will first call. If it may compel all between 18 and 35 years of age, by conscription to enter its armies, it has the same right to extend the act, as it has lately done, from 35 to 45; and if it has this power, it has the power to take all between 16 and 60. The same power of discrimination authorizes it to limit its operations, and take only those between 25 and 30, or to take any particular class of individuals it may designate. And it must be borne in mind that the power to raise armies, is as unlimited in Congress, in times of the most profound peace, as it is in the midst of the most devastating war. If Congress possesses the power to raise armies by conscription, it follows that it may disband the State Governments whenever it chooses to consider them an evil, as it may compel every Executive in every State in the Confederacy, every member of the Legislature of every State, every Judge of every

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court in every State, every militia officer, and every other State officer, to enter the armies of the Confederacy in times of peace or war, as privates under officers appointed by the President; and may provide that the armies shall be recruited by other State officers as fast as they are appointed by the States. Admit the power of conscription claimed for Congress by its advocates, and there is no escape from the position that Congress possesses this power over the States.

It may be said, however, that the case supposed is an extreme one, and that while Congress may possess the power to destroy the State governments, it would never exercise it. If it possesses the power, its exercise depends upon the will of Congress, which might be influenced by ambition, interest or caprice. Admit the power, and I exercise the functions of the Executive office of this State, you hold your seats as members of the General Assembly, and our Judges perform their judicial duties, by the grace and special favor of Congress, and not as matter of right by virtue of the inherent sovereignty of a great State, whose people, in the manner provided by the Constitution, have invested us for the constitutional period, with the right to exercise these functions.

For my views upon this question somewhat more in detail, and for the strongest reasons which can be given on the other side to sustain this extraordinary pretension of power in Congress, I beg leave to refer you to the correspondence between President Davis and myself, upon this question; a copy of which is herewith transmitted to each branch of the General Assembly.

In my letters to the President, will also be found the reasons which induced me to resist the execution of the conscription Act of 16th April last, so far as it related to the officers necessary to the maintenance of the government of this State. It may be proper that I remark, that my first letter to the President upon this question, in which I notify him that I will resist interference with the legislative, executive or judicial departments of the government of the State, though dated the 22d of April, as it was expected to go by the mail of that day, was prepared on the previous day, which was the day the exemption Act was passed by Congress in secret session; of the passage of which I had no knowledge, nor had I ever heard that such a bill was pending when the letter was prepared.

The question has frequently been asked, why I did not resist the operation of the Act upon the privates as well as the officers of the militia of the State. But for the extreme emergency in which the country was at the time placed, by the neglect of the Confederate Government to make requisition upon the State for troops, to fill the

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places of the twelve months men at an earlier day, and the fact that the conscription Act by the repeal of all other acts under which the President had been authorized to raise troops, placed it out of his power, for the time, to accept them under the constitutional mode, I should have had no hesitation in taking this course. But having entered my protest against the constitutionality of the Act, and Congress having repealed all other acts for raising troops, I thought it best on account of the great public peril, to throw the least possible obstructions, consistent with the maintenance of the government of the State, in the way of the Confederate Government in its preparations for our defense. I, therefore, at the expense of public censure which I saw I must incur by making the distinction between officers and privates, determined to content myself till the meeting of the General Assembly, with resistance to the execution of the act, only to the extent necessary to protect the State government against dissolution, and her people against the massacre and horrors, which might have attended negro insurrections in particular localities, had the militia been disbanded, by compelling the militia officers to leave the State, which would have left no legal vacancies that could have been filled by the Executive.

While the first conscription act made a heavy draft upon the militia of the State, it left all between thirty-five and forty-five, subject to the command of her constituted authorities, in case of emergency; and with these and her officers, she still retained a military organization. I did not, at that time, anticipate an extension of the act, which would embrace the whole militia of the State, before your meeting. The late act of Congress extends the conscription act to embrace all between thirty-five and forty-five; and, if executed, disbands and destroys all military organization in the State. Not only so, but it denies to those between thirty-five and forty-five, the right guaranteed by the Constitution of the Confederacy and laws of this State, to every Georgian to elect the officers by whom he is to be commanded while in Confederate service, and have them commissioned by the proper authority in his own State. This privilege has been allowed to other troops when called to the field. Even those embraced in the first consctiption act, were allowed thirty days to volunteer and select their own officers from among those who, at the time the act was passed, had commissions from the Secretary of War to raise Regiments. But even this limited privilege, which fell far short of the full measure of their constitutional rights, is denied those now called for; and they are to be compelled to enter organizations in the choice of whose officers they have had no part, till all the old organizations, with most of their officers appointed by the President,

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are filled to their maximum number. This act, therefore, not only does gross injustice to the class of our fellow-citizens now called to the field, and denies them the exercise of sacred constitutional rights which other citizens when they entered the service were permitted to enjoy, but, if executed, it takes the Major Generals and all other militia officers of the State, by force, and puts them under the command of third Lieutenants appointed by the President, and leaves the State without a military organization to execute her laws, repel invasion, protect her public property, or suppress servile insurrection which the enemy now threatens to incite for the indiscriminate massacre of our wives and our children.

We entered into this revolution in defense of the rights and sovereignty of the States, and sundered our connection with the old Government, because State rights were invaded and State sovereignty denied. The conscription act, at one fell swoop, strikes down the sovereignty of the States, tramples upon the constitutional rights and personal liberty of the citizen, and arms the President with imperial powers under which his subaltern in this State has already published his orders to drag citizens of Georgia, who are not in military service, from their homes, "in chains," for disobedience to his behests; while invalids unfit for duty have too often been forced into camp and victimized by exposure which they were unable to endure. This action of the Government not only violates the most sacred constitutional rights of the citizen, but tends to crush out the spirit of freedom and resistance to tyranny which was bequeathed to us by our ancestors of the Revolution of 1776. When the first conscription act was passed we had just gone through a series of reverses which saddened the hearts of our people, and the public mind acquiesced in the usurpation on account of the supposed necessity. The Government, presuming upon the advantage gained by the precedent with the acquiescence, fastens upon the country a second conscription act which not only detaches part from the State militia, but disbands the whole. No plea of necessity can be set up for this last act. Instead of reverses, all was success at the time of its passage. Our glorious armies had driven the enemy, at the point of the bayonet, from every battle field, during the most brilliant summer and fallcampaigns to be found upon the pages of history. These successes had been achieved by men who entered the service as volunteers, and were not dragged from their homes as conscripts. The term of service of the troops was not about to expire at the time of the passage of the last conscription act, for they were then, every one, in for three years or the war. The additional number needed to reinforce the armies, if we may judge from the

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past, could be furnished by the States under requisitions, in half the time, and with much less than half the expense which it will cost the President to get them into service as conscripts.

Under these circumstances, solemnly impressed with a sense of the injustice about to be done to a large class of our fellow citizens, under an act which, in my opinion, plainly violates the Constitution of the Confederacy, and strikes down the sovereignty of the States, I felt that I should justly forfeit the confidence reposed in me by a people who, ever jealous of their rights, had opposed stern resistance to Federal encroachments, under my predecessors, Jackson, Troup and Gilmer, were I to permit the injustice, and allow the Government of the State to be virtually disbanded, and the right arm of her power severed from her, without first submitting the question of the surrender to the representatives of the people. I therefore informed the President of the Confederate States, in a letter dated the 18th of last month--a copy of which is here-to appended--that I would fill promptly with volunteers legally organized, a requisition, (which I invited,) for her quota of the new levy of troops needed by the Government, but that I would not permit the enrollment of conscripts under the late conscription act, till you should have time to meet, deliberate and act. You have the power to adopt the proper measures, and give proper direction to this question.

During the approaching winter, the enemy will make every effort in his power with large fleets and armies, to take our seaport city, over-run a large portion of our State, plunder our people and carry off our slaves, or induce them to murder the innocent and helpless portion of our population. At so critical a moment, the portion of our militia, who remain in the State, should be encouraged to volunteer and form themselves into efficient organizations, and should be kept within the limits of the State to strike for their wives and their children, their homes and their altars. If all our population able to bear arms are to be forced by Conscription to leave the State in the greatest crisis of the war, to protect more favored points, and our own cities are to be left an easy prey to the enemy, and our homes to be plundered by his marauding bands without resistance, I will not be privy to the deed. You are the representatives of the people, and must make the decision. I therefore conjure you to stand by the rights and the honor of the State; and provide for the protection of the property, the liberties and the lives of her people.

Hon. Thomas W. Thomas, a judicial officer of the State of great ability and integrity, in a case brought regularly before him in his judicial capacity, has pronounced the

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Conscription Act unconstitutional, in an argument which has not been, and will not be answered. Since the decision was made, Congress, as the newspapers report, has passed an additional act, authorizing the President to suspend the privileges of the writ of habeas corpus, in all cases of arrest made under the authority of the Government, which was doubtless intended to deny to the Judiciary the exercise of its Constitutional functions, in this very case, and which places the liberty of every citizen of the Confederacy at the mercy of the President, who may imprison any citizen under his order without legal warrant or authority, and no court dare interfere to liberate the captive when the imprisonment is illegal. I now submit the question for the consideration and decision of the Representatives of the people of the State, whether the Constitutional rights of her citizens shall be respected, and her sovereignty maintained, or whether the citizen shall be told that he has no rights, and his State no sovereignty.

The question is not whether Georgia shall furnish her just quota of men and means for the common defence. This she has more than done to the present time, and this she is ever ready to do, so long as she has a man or a dollar at her command. But it is, shall she be permitted to furnish troops as volunteers, organized in accordance with her reserved rights, or shall her volunteers be rejected and her citizens be dragged to the field as Conscripts in violation of their rights and her sovereignty? Shall the pompous pretensions of imperial power, made by a government constituted by the States as their common agent, be acquiesced in, or shall the government be compelled to return to the exercise of the powers delegated to it by the Constitution?

I am aware that it has been said by the advocates of conscription, that it is no time now to correct errors. If so, it follows that there is no responsibility for, and no restraint upon their commission. Again, it is said we should first decide whether we are to "have States," before we undertake to define the rights of the States. We had States when we entered into this revolution. We had States before the passage of the Conscription Acts. We still have States, but if Conscription is to be executed to the extent of the power claimed for Congress by its advocates, we cease to have States, or to have constitutional liberty or personal rights. The solemn question now presented for your consideration is, shall we continue to have States, or shall we in lieu thereof have a consolidated military despotism?

MARTIAL LAW AND HABEAS CORPUS.

We were recently informed by the newspapers, that a military commander holding a commission under the government

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of the Confederate States, had issued an order declaring the city of Atlanta in this State, to be under martial law, and had appointed a Governor and his aids to assume the government of the city. At the time this order was published, the head quarters of the General by whom it was passed and most of his command, were, I believe, in another State. over 130 miles from the city of Atlanta. The order was issued without any conference with the Executive of this State upon the subject, and the Governor appointed by the General, assumed the government and control of the city. As you were soon to assemble, I thought it best to avoid all conflict upon this question till the facts should be placed before you, and your pleasure, as the representatives of the sovereign people of this State, should be known in the premises. I consider this and all like proceedings, on the part of Confederate officers not only high handed usurpations, depending for their authority upon military power without the shadow of constitutional right, but dangerous precedents, which if acquiesced in by the people of this State, tend to the subversion of the government and sovereignty of the State, and of the individual rights of the citizen. This order of the commanding General was, after some delay, annulled by the War Department.

The 5th and 6th paragraphs of the 4th Article of the Constitution of the Confederate States, are in these words:

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."

Under these provisions of the Constitution, no Department nor officer of the Confederate government, has the right to assume or exercise any power not delegated by the States, "each State acting in its sovereign and independent character." It follows, therefore, that no Department nor officer of the Confederate Government, has the right to suspend the writ of habeas corpus, which is the highest safeguard of personal liberty, nor to exercise the high prerogative of sovereignty, by the representative of which alone, martial law may be declared, unless the grant of power from the States to do so can be found in the Constitution. That instrument declares;

"The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it."

This clause contains a grant, by plain implication, of the power to suspend the writ of habeas corpus when the public safety requires it, in the two cases of rebellion or invasion,

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but in no other case; and no further in these cases than may be required by the public safety. But we look to the Constitution in vain for any grant of power by the States to the Confederate government or any Department or officer thereof, to declare martial law and suspend the laws and civil process of the States, (other than the writ of habeas corpus.) in any case or under any emergency whatever. If a Confederate officer may, by a declaration of martial law, set aside the laws and civil process of a State in a particular city or other locality, at his pleasure, he may extend his order to embrace the whole territory of the State, and set aside the government of the State, and may himself enact the laws and appoint the Governors by which the people of the State shall in future be controlled. Not only so, but if the precedent in this case is to be tolerated, this may be done by any military commander in any part of the Confederacy. who chooses to send his edict to this State, and appoint his Executive officers to carry it into effect.

IMPRESSMENT OF PRIVATE PROPERTY.

It is also my duty to call your attention to another matter considered by the people of this State a subject of grievance. The power is now claimed by almost every military commander, to impress the private property of the citizen at his pleasure, without any express order from the Secretary of War for that purpose; and in many cases, without the payment of any compensation--the officer, who is in some cases, only a Captain or Lieutenant, giving a certificate that the property has been taken for public use; which seizure, after long delay, may, or may not, be recognized by the government; as it may determine that the officer had, or had not, competent authority to make it.

I am aware that the Constitution confers the power upon the Confederate Government, to take private property for public use, paying therefor just compensation; and I have no doubt, that every true and loyal citizen, would cheerfully acquiesce in the exercise of this power, by the properly authorized and responsible agents of the government, at all times when the public necessities might require it. But I deny that every subaltern in uniform who passes through the country, has the right to appropriate what he pleases of the property of the citizen without being able to show the authority of the Government for the exercise of this high prerogative. As our people are not aware of their proper remedies for the redress of the grievances hereinbefore mentioned, I respectfully suggest, that the General Assembly, after consideration of these questions, declare by Resolution or otherwise, their opinion as to the power of the Confederate Government and its officers, in these particulars. I also respectfully request that the General Assembly declare the extent to which the Executive of this State will

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be sustained by the representatives of the people, in protecting their rights, and the integrity of the Government, and sovereignty of the State, against the usurpations and abuses to which I have invited your attention.

JOSEPH E. BROWN.

Copy of a Letter to President Davis, to which no reply has
been received.

Canton, Geo., Oct. 18th, 1862.

His Excellency, Jefferson Davis:

DEAR SIR:--The act of Congress passed at its late session extending the Conscription act, unlike its predecessor, of which it is amendatory, gives you power, in certain contingencies, of the happening of which you must be the judge, to suspend its operation, and accept troops from the States under any of the former acts upon that subject. By former acts you were authorized to accept troops from the States organized into companies, battalions and regiments. The Conscription act of 16th April last repealed these acts, but the late act revives them when you suspend it.

For the reasons then given, I entered my protest against the first Conscription act on account of its unconstitutionality, and refused to permit the enrollment of any State officer, civil or military, who was necessary to the integrity of the State government. But on account of the emergencies of the country, growing out of the neglect of the Confederate authorities to call upon the States for a sufficient amount of additional force to supply the places of the twelve months troops, and on account of the repeal of the former laws upon that subject, having, for the time, placed it out of your power to accept troops organized by the States in the constitutional mode, I interposed no active resistance to the enrollment of persons in this State between 18 and 35, who were not officers necessary to the maintenance of the government of the State.

The first conscription act took from the State only part of her military force. She retained her officers and all her militia between 35 and 45. Her military organization was neither disbanded nor destroyed. She had permitted a heavy draft to be made upon it, without constitutional authority, rather than her fidelity to our cause should be questioned, or the enemy should gain any advantage growing out of what her authorities might consider unwise councils. But she still retained an organization, subject to the command of her constituted authorities, which she could use for the protection of her public property, the execution of her laws,

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the repulsion of invasion, or the suppression of servile insurrection which our insidious foe now proclaims to the world that it is his intention to incite, which if done, may result in an indiscriminate massacre of helpless women and children.

At this critical period in our public affairs, when it is absolutely necessary that each State keep an organization for home protection, Congress, with your sanction, has extended the conscription act to embrace all between 35 and 45 subject to military duty, giving you the power to suspend the act as abovestated. If you refuse to exercise this power and are permitted to take all between 35 and 45 as conscripts, you disband and destroy all military organization in this State, and leave her people utterly powerless to protect their own families, even against their own slaves. Not only so, but you deny to those between 35 and 45 a privilege of electing the officers to command them, to which, under the Constitution of the Confederacy and the laws of this State, they are clearly entitled, which has been allowed to other troops from the State, and was to a limited extent allowed even to those between 18 and 35 under the act of 16th April, as that act did allow them thirty days within which to volunteer, under such officers as they might select, who chanced at the time to have commissions from the War Department to raise regiments.

If you deny this rightful privilege to those between 35 and 45, and refuse to accept them as volunteers with officers selected by them in accordance with the laws of their State, and attempt to compel them to enter the service as conscripts, my opinion is, your orders will only be obeyed by many of them when backed by an armed force which they have no power to resist.

The late act, if I construe it correctly, does not give those between 35 and 45 the privilege under any circumstances of volunteering and forming themselves into regimental organizations, but compels them to enter the present organizations as privates under officers heretofore selected by others, until all the present organizations are filled to their maximum number.

This injustice can only be avoided by the exercise of the power given you to suspend the act, and call upon the States for organized companies, battalions and regiments. I think the history of the past justifies me in saying, that the public interest cannot suffer by the adoption of this course. When you made a requisition upon me in the early part of February last for twelve regiments, I had them all, with a large additional number, in the field subject to your command and ready for service, in about one month. It has now been over six months since the passage of the first conscription act, and your officers during that time have not probably enrolled

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and carried into service from this State conscripts, exceeding one-fourth of the number furnished by me as volunteers in one month, while the expense of getting the conscripts into service has probably been four times as much as it cost to get four times the number of volunteers into the field.

In consideration of these facts, I trust you will not hesitate to exercise the power given you by the act of Congress, and make an early requisition (which I earnestly invite) upon the Executive of this State, for her just quota of the additional number of troops necessary to be called out, to meet the hosts of the invader--the troops to be organized into companies, battalions and regiments, in accordance with the laws of this State.

The prompt and patriotic response made by the people of Georgia to every call for volunteers, justifies the reasonable expectation that I shall be able to fill your requisition in a short time after it is made, and authorizes me in advance to pledge prompt compliance. This can be done, too, when left to the State authorities, in such way as not to disband nor destroy her military organization at home, which must be kept in existence to be used in case of servile insurrection or other pressing necessity.

If you should object to other new organizations on the ground that they are not efficient, I beg to invite your attention to the conduct of the newly organized regiments of Georgians, and indeed of troops from all the States, upon the plains of Manassas, in the battles before Richmond, upon James' Island near Charleston, at Shiloh, at Richmond, Kentucky, and upon every battle field, whenever and wherever they have met the invading forces. If it is said that some of our old regiments are almost decimated, not having more than enough men in a regiment to form a single company; that it is too expensive to keep these small bands in the field as regiments, and that justice to the officers requires that they be filled up by conscripts, I reply, that injustice should never be done to the troops, for the purpose of saving a few dollars of expense; and that justice to the men now called into the field, as imperatively requires, that they shall have the privilege allowed to other troops, to exercise the constitutional right of entering the service under officers selected and appointed as directed by the laws of their own State, as it does, that officers in service shall not be deprived of their commands when their regiments are worn out or destroyed.

Our officers have usually exposed themselves in the van of the fight, and shared the fate of their men. Hence but few of the original experienced officers who went to the field with our old regiments, which have won so bright a name in history, now survive, but their places have been filled by others appointed in most cases by the President.

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They have, therefore, no just cause to claim that the right of election which belongs to every Georgian, shall be denied to all who are hereafter to enter the service, for the purpose of sustaining them in the offices which they now fill.

If it becomes necessary to disband any regiment on account of its small numbers, let every officer and private be left perfectly free to unite with such new volunteer association as he thinks proper, and in the organization and selection of officers, it is but reasonable to suppose that modest merit and experience will not be overlooked.

The late act of Congress, if executed in this State, not only does gross injustice to a large class of her citizens, utterly destroys all State military organization, and encroaches upon the reserved rights of the State, but strikes down her sovereignty at a single blow, and tears from her the right arm of strength, by which she alone can maintain her existence, and protect those most dear to her, and most dependent upon her. The representatives of the people will meet in General Assembly on the 6th day of next month, and I feel that I should be recreant to the high trust reposed in me, were I to permit the virtual destruction of the Government of the State, before they shall have had time to convene, deliberate and act.

Referring, in connection with the considerations above mentioned, to our former correspondence, for the reasons which satisfy my mind beyond doubt, of the unconstitutionality of the conscription acts; and to the fact that a Judge in this State, of great ability, in a case regularly brought before him in his judicial capacity, has pronounced the law unconstitutional; and to the further fact that Congress has lately passed an additional act authorizing you to suspend the privilege of the writ of Habeas Corpus, doubtless with a view of denying to the judiciary in this very case, the exercise of its constitutional functions, for the protection of personal liberty, I can no longer avoid the responsibility of discharging a duty which I owe to the people of this State, by informing you, that I cannot permit the enrollment of conscripts, under the late act of Congress entitled "An act to amend the act further to provide for the common defense," until the General Assembly of this State shall have convened and taken action in the premises.

The plea of necessity set up for conscription last Spring, when I withheld active resistance to a heavy draft upon the military organization of the State under the first conscription act, cannot be pleaded, after the brilliant successes of our gallant armies during the summer and fall campaign, which have been achieved by troops who entered the service, not as conscripts but as volunteers. If more troops are needed to meet coming emergencies, call upon the State, and you shall have them as volunteers, much

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more rapidly than your enrolling officers can drag conscripts, like slaves, "in chains," to camps of instruction. And who that is not blinded by prejudice or ambition, can doubt, that they will be much more effective as volunteers than as conscripts? The volunteer enters the service of his own free will. He regards the war as much his own as the Government's war; and is ready, if need be, to offer his life a willing sacrifice upon his country's altar. Hence it is that our volunteer armies have been invincible, when contending against vastly superior numbers with every advantage which the best equipments and supplies can afford. Not so with the conscript. He may be as ready as any citizen of the State to volunteer, if permitted to enjoy the constitutional rights which have been allowed to others, in the choice of his officers and associates. But if these are denied him, and he is seized like a serf, and hurried into an association repulsive to his feelings, and placed under officers in whom he has no confidence, he then feels that this is the Government's war, not his; that he is the mere instrument of arbitrary power, and that he is no longer laboring to establish constitutional liberty, but to build up a military despotism for its ultimate but certain overthrow. Georgians will never refuse to volunteer, as long as there is an enemy upon our soil, and a call for their services. But if I mistake not the signs of the times, they will require the Government to respect their plain constitutional rights.

Surely no just reason exists why you should refuse to accept volunteers when tendered, and insist on replenishing your armies by conscription and coercion of freemen.

The question, then, is not whether you shall have Georgia's quota of troops, for they are freely offered--tendered in advance--but it is whether you shall accept them when tendered as volunteers, organized as the Constitution and laws direct, or shall, when the decision is left with you, insist on rejecting volunteers, and dragging the free citizens of this State into your armies as conscripts. No act of the Government of the United States, prior to the secession of Georgia, struck a blow at constitutional liberty, so fell, as has been stricken by the conscription acts. The people of this State had ample cause, however, to justify their separation from the old Government. They acted coolly and deliberately, in view of all the responsibilities; and they stand ready to-day to sustain their action, at all hazards; and to resist submission to the Lincoln Government, and the reconstruction of the old Union, to the expenditure of their last dollar, and the sacrifice of their last life. Having entered into the revolution freemen, they intend to emerge from it freemen. And if I mistake not the character of the sons, judged by the action of their fathers against Federal

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encroachments, under Jackson, Troup and Gilmer, respectively, as executive officers, they will refuse to yield their sovereignty to usurpation, and will require the Government, which is the common agent of all the States, to move within the sphere assigned it by the Constitution.

Very respectfully, your obedient servant,

JOSEPH E. BROWN.

On motion of Mr. Gordon it was

Resolved, That five hundred copies of the Governor's Message and accompanying documents be printed for the use of the Senate.

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

Resolved, That the rules adopted at the last session be continued for the government of the Senate of the present session.

Mr. Vason, by consent, reported a bill to incorporate the Empire State Iron and Coal Mining Company, and to confer certain powers and privileges thereon, which was read the first time.

Mr. Gordon, by consent, reported a bill to be entitled an act to prescribe the terms of citizenship and residence in certain cases, and for other purposes, which was read the first time.

Also, Mr. Echols, a bill to be entitled an act to carry into effect so much of the first clause of the sixth section of the second article of the Constitution of the State of Georgia as provides that the General Assembly shall, by law, prescribe the manner in which the power to grant corporate powers and privileges to private companies, other than banking, insurance, railroad, canal, plankroad, navigation, mining, express, lumber, and telegraph companies, shall be exercised by the courts, and for other purposes, which was read the first time.

Also, Mr. James Hilliard, a bill to be entitled an act to exempt from their professional tax all physicians now enlisted as privates in the armies of the Confederate States, which was read the first time.

On motion of Mr. Brown the joint resolution from the House of Representatives, respecting the appointment of a committee "to consider and report upon questions of salt supplies," was taken up, read and concurred in. Whereupon the President of the Senate appointed on said committee, Messrs. Brown and Smith.

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

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FRIDAY, NOVEMBER 7th, 1862.
10 O'CLOCK, A. M.

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

The newly elected Senator from the twenty-second District, Mr. James S. Pinkard, elected to fill the vacancy occasioned by the death of Mr. Winn, presented his credentials, and having taken the oath prescribed by the constitution before the President, took his seat.

The following bill was reported by Mr. Mosely and read the first time.

A bill to be entitled an act to prevent the distillation of ardent or intoxicating liquors &c.

Mr. Mosely reported the following resolutions which on motion were taken up, read, adopted and ordered to be transmitted forthwith to the House of Representatives, to-wit:

Resolved 1st, That the General Assembly of the State of Georgia has seen with heartfelt thankfulness the practical demonstration of the presence of Almighty God and his protecting providence in the many hard fought battles and glorious victories over our common enemies since the commencement of the present war with the United States.

Resolved 2nd, That the General Assembly of the State of Georgia feel to unite at the throne of God's grace for the continuance of the divine presence and providence of God until the councils of our enemies' counsellors be turned into foolishness and the angel of the Lord chase and persecute them until our independence is acknowledged and the Stars and Bars wave in triumph over the Southern Confederacy.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have concurred in the resolution of the Senate, in relation to the defense of the city of Savannah, and for the removal of the helpless women and children in Savannah to a place of security.

Leave of absence was granted to Mr. Fort on account of urgent business.

The following bills were reported and read the first time:

By Mr. Jas. Hilliard--A bill to be entitled an act to abolish the office of County Treasurer in the county of Stewart, and for other purposes.

By Mr. Mitchell--A bill to be entitled an act to authorize and require the several chartered banks in this State to issue change, bills and for other purposes.

Also, a bill to affirm and declare in force within the State

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of Georgia an act passed by Congress of the Confederate States of America known as "the Conscript Act" assented to the 1862.

Also, a bill to be entitled an act to alter and amend the 4351 and 4352 sections of the code of this State in relation to change bills, and for other purposes.

Also, a bill to be entitled an act to authorize and require the Justices of the Inferior Court of the several counties in this State to assess a tax to aid and assist in the support of indigent families of soldiers who have been, now are or may be engaged in the military service of the State or the Confederate States.

Also, a bill to be entitled an act to alter and amend the road laws of this State so far as relates to the liability of persons subject to work on the public roads in this State.

By Mr. Boyd--A bill to be entitled an act to exempt every citizen of Georgia from the payment of a poll tax who is now in the military service of the Confederate States or of said State or hereafter may be in such service and who is liable to pay a poll tax under existing laws, and also to exempt one thousand dollars worth of the property of every citizen of said State from taxation so long as he may remain in said service.

By Mr. Lane--A bill to be entitled an act to amend the first section of an act entitled an act to authorize Guardians, Trustees, Executors and Administrators to invest in Confederate States Bonds and in lands and negroes assented to Dec. 16, 1861.

Also, a bill to be entitled an act to prevent certain persons therein described from becoming citizens of the State of Georgia.

By Mr. Shewmake--A bill to be entitled an act for the benefit of Guardians, Administrators, Executors and minors so far as relates to the county of Burke.

Also, a bill to be entitled an act to extend the time for the payment of taxes for the year 1862 so far as relates to the county of Burke.

Mr. Gordon--A bill to be entitled an act to relieve the several Banks in this State and their officers from the pains and penalties heretofore imposed.

On motion of Mr. Furlow, the name of the "committee on the State of the Republic" was changed to that of the "committee on Confederate Relations."

The President announced the following standing committees of the Senate for the present session.

On Privileges and Elections.--Messrs. Brown, Anthony, Fletcher, Griffin, Jamison, Swearingen and King.

On Petitions.--Messrs. Hill, Lane, McRea, James Hilliard, Alexander and Stephens.

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On Enrollment.--Messrs. Dyer, Fort, Gaston, Bothwell, Smith and Ware.

On Journals.--Messrs. Anthony, Killen, Shewmake, Wright and Thomas Hilliard.

On Confederate Relations.--Messrs. Gibson, Furlow, Seward, Gordon, Hansell, Echols, Vason and Kendall.

On Judiciary.--Messrs. Seward, Vason, Stafford, Lewis, Hansell, Boyd, Jackson, Killen, Mitchell, Dyer and Gordon.

On Finance.--Messrs. Lewis, Hansell, Mosely, Stafford, Dyer, Shewmake, Brown and Mitchell.

On Internal Improvements.--Messrs. Furlow, Gordon, Beasly, Vason, Shewmake and Stephens.

On Public Education and Free Schools.--Messrs. Echols, Anthony, Fort, Dyer, Lane, King, Gaston, Boyd and Benson.

On Banks.--Messrs. Gordon, Hansell, Gibson, Brown, Hill, Stafford and Mitchell.

On New Counties and County Lines.--Messrs. Smith, Simmons, Ware, Wright, Griffin, Jamison and Benson.

On Penitentiary.--Messrs. Alexander, Boyd, Griffin, Lane, James Hilliard, Kendall, McRea and Jackson.

On Lunatic Asylum.--Messrs. Kendall, Furlow, Fort, Anthony, Harris and Bothwell.

On Military.--Messrs. Killen, Gordon, Smith, Seward, Vason, Swearingen, Thos. Hilliard, Gaston and King.

On Printing.--Messrs. Mosely, Harris, Simmons, McRea, Fletcher, Shewmake, Ware, James Hilliard and Benson.

On Deaf and Dumb Asylum.--Messrs. Beasley, Lewis, Simmons, Mitchell, Stafford, Boyd and Alexander.

On Institute for the Blind.--Messrs. Vason, Bothwell, Seward, Gibson, Mosely, Wright, Furlow and Lane.

On Agriculture.--Messrs. Harris, Hill, Furlow, Beasley, Echols, Lane and Jamison.

Auditing Committee.--Messrs. Stephens, Swearingen and Griffin.

Engrossing Committee.--Messrs. Jackson, Fletcher, Fort, McRea and Thomas Hilliard.

On motion of Mr. Furlow, the name of Mr. Pinkard from the twenty-second Senatorial District was added to the Committees on the Judiciary, the Military, and Asylum for the Blind.

The following resolution reported by Mr. Boyd, was on motion taken up, read and adopted and ordered to be forthwith transmitted to the House of Representatives, to-wit:

Resolved, by the General Assembly of the State of Georgia, That we cordially approve and endorse the action of His Excellency the Governor in issuing his proclamation for suppressing the distillation of spirituous liquors in the early part of the present year, thereby preventing much evil and saving bread to our army and especially to the helpless

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poor families of our own State; this prompt and timely official action, of our present Chief Magistrate, gives evidence of his integrity and wisdom as a ruler, and entitles him to the gratitude of the whole people of Georgia.

The following resolution reported by Mr. Gordon, was on motion taken up, read and adopted, to-wit:

Resolved, That the deliberations of this body be opened by prayer to Almighty God, and that a committee of three be appointed to make arrangements to that effect. Committee appointed are Messrs. Gordon, Echols and Simmons.

The following resolution reported by Mr. Vason, was taken up, read and adopted, to-wit:

Resolved, That fifty additional copies of the rules of the Senate with the standing committees of the Senate be printed.

The following bills were taken up and severally read the second time, to-wit:

A bill to incorporate the Empire State Iron and Coal Mining Company and to confer certain powers and privileges thereon.

Also, a bill to exempt from their professional tax all physicians now entered as privates in the armies of the Confederate States.

Also, a bill to prescribe the terms of citizenship and residence in certain cases and for other purposes.

Also, a bill to carry into effect so much of the first clause of the sixth section of the second article of the Constitution of the State of Georgia as provides that the General Assembly shall by law prescribe the manner in which the power to grant corporate powers and privileges to private companies other than Banking, Insurance, Rail Road, Canal, Plank Road, Navigation, Mining. Express, Lumber, and Telegraph Companies shall be exercised by the Courts, and for other purposes; this bill was on motion referred to the committee on the Judiciary.

The following resolution was taken up, read and lost, to-wit:

Whereas, a large portion of the business of the last session remained undisposed of at the adjournment and it is desirable that the same shall be taken up if it can be done under the constitution:

Be it Resolved, That a committee of three be appointed to unite with a similar committee from the House of Representatives with instructions to report upon the subject at an early day of this session.

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

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SATURDAY, NOVEMBER 8TH, 1862.
10 O'CLOCK, A. M.

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

Mr. James R. Brown, the newly elected Senator from the thirty-ninth district, to fill the vacancy occasioned by the resignation of Mr. Bell, appeared and, after taking the oath prescribed by the Constitution, before the President, took his seat.

Mr. Jackson moved to reconsider so much of the action of the Senate of yesterday as relates to a resolution by Mr. Vason respecting the disposal of the unfinished business of the last session, which motion was lost.

Upon motion of Mr. Furlow, a committee of three, consisting of Messrs. Furlow, Hansell and Gordon, was appointed to prepare, report suitable resolutions respecting the death of the late Senators from the twenty-second and thirty-first Districts.

Upon a call of the Senatorial Districts Mr. Echols offered the following resolution which was read:

Whereas, many of our brave and patriotic soldiers have sacrificed their lives in defense of the rights and independence of the Confederate States, and deserve to be honored and remembered by every citizen of the State, be it therefore

Resolved by the General Assembly of the State of Georgia, That His Excellency the Governor be requested to prepare a book, in which shall be placed the name, company, regiment and residence of each soldier from this State who has died or been killed in the service of his country, during the present war.

Mr. Furlow reported the following resolution:

Resolved, That the joint Committee on Finance be instructed to consider and report upon the propriety of appropriating a sum of money for the encouragement of the manufacture of cotton cards, either by the State under the direction of His Excellency, the Governor, or by individual companies.

Which resolution, the rule being suspended, was taken up, adopted and ordered to be transmitted forthwith to the House of Representatives.

Mr. Hansell offered a resolution that Mr. Brown, of the thirty-ninth district, be added to the Committee on the Judiciary and Confederate Relations, which was agreed to.

The following bills were reported and read the first time:

By Mr. Gordon--A bill to be entitled an act to enforce the payment of taxes due by free persons of color.

By Mr. Jackson--A bill to be entitled an act to change the time of holding the elections for members of Congress.

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Also, a bill to be entitled an act supplementary to an act entitled an act to incorporate the Planters' Insurance, Trust and Loan Company, and to confer certain powers and privileges thereon, approved 1861.

By Mr. Mitchell--A bill to be entitled an act to prevent extortion and to provide for the punishment of the same, and to revive and put in force in this State the common and statute laws of England against forestalling, regrating and engrossing and to punish said offences, and for other purposes.

On motion, it was ordered that fifty copies of this bill be printed for the use of the Senate.

Also, a bill to be entitled an act to protect the property of married women, to regulate its distribution in cases of intestacy and to prescribe their liabilities.

By Mr. Gordon--A bill to be entitled an act to add an additional section to the third division of the Penal Code.

Mr. Dyer chairman of the Committee on Enrollment reported duly enrolled and ready for the signature of the President of the Senate:

A resolution in relation to the defense of the city of Savannah and for the removal of the helpless women and children in Savannah to a place of security.

Mr. Gordon rose to the following question of privilege, to-wit:

The undersigned, Senators from the 1st, 11th and 43d districts and officers of the Provisional Army of the Confederate States, having observed in the public prints a statement to the effect that they are constitutionally ineligible, and being unwilling to occupy for a moment a position unauthorized by the constitution, deem it their duty to place on record a short summary of the reasons which have induced them to take their seats. They believe that there is a clear distinction between officers of the Regular and officers of the Provisional Army. The former embrace that class, who in times both of peace and war, are appointed by the President with the concurrence of the Senate, and are assigned to the command of the standing army of the Confederate States. These the Constitution expressly excludes from a seat in either branch of the General Assembly.

The latter comprise all the militia who in time of invasion may be summoned into a Provisional Army to fight for their country's freedom. These the Constitution expressly excepts from its disqualifying clause. The reason of the law agrees with this construction of the Constitution. It is natural and proper that the officers of the Regular Army, holding their commissions from the President, with all their hopes, sympathies and affections clustered around the central

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government, should be excluded from a participation in the deliberations of the State Legislatures. But it does not seem reasonable that the man who enjoys the confidence of his people sufficient to rally around him a body of volunteer patriots to defend their hearthstones should be debarred from representing that people in the deliberative councils of the State.

The undersigned are officers in the Provisional Army and are therefore in their judgment officers of the militia eligible by constitutional provision to the seats which they hold. In this opinion they are sustained by the judgment of eminent lawyers from various portions of the State who have been consulted prior, and subsequent to the election of this General Assembly, by the Attorney General of the State of South Carolina, in an elaborate opinion upon a similar clause in the Constitution of that State, by the Governor of this State in his recent message and correspondence, and indirectly by the President of the Confederate States, who by special order has granted a furlough of sixty days to all officers of the Provisional Army who are members of this General Assembly. These are in few words, the reasons which have induced the undersigned to occupy the seats with which they have been honored, and they request that this statement be entered upon the journals of the Senate, whose action in the premises will in any event be satisfactory to them.

GEORGE A. GORDON, 1st Senatorial District.

WILLIAM GIBSON,

O. P. ANTHONY, 11th Senatorial District.

JOHN M. JACKSON, 43d Senatorial District.

On motion of Mr. Vason, the above and foregoing communication was ordered to be entered upon the journals of the Senate.

The rule being suspended, Mr. Vason reported the following resolution, to-wit:

Resolved, That such portions of the message of His Excellency the Governor, as relates to the Conscript law, Impressment, &c., be referred to the Judiciary Committee, such portions thereof as refers to State Armory, bridge garrison and home protection &c., be referred to the Committee on Military; such portions as cotton and provisions &c., be referred to the Committee on Agriculture; such portions thereof as relates to clothing for Georgia troops, currency &c., be referred to the Committee on Finance, and all that portion on Distillation be referred to a Special Committee.

Mr. Seward moved to amend by striking out "judiciary" and inserting "Confederate relations" which was agreed to. The resolution as amended was adopted.

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The rule being suspended the following preamble and resolutions reported by Mr. Vason, were taken up and referred to the Committee on Military Affairs, to-wit:

Whereas, the counties lying on the Flint and Chattahoochee rivers below the point of navigation of those streams are exposed to the invasion of the enemy, and it is prudent that the people of those several counties should be fully prepared to make a proper defense of their homes and property. Be it therefore

Resolved by the General Assembly of Georgia, That His Excellency the Governor be, and he is hereby instructed forthwith to supply the Inferior Courts of the several counties above designated, with such an amount of powder and shot, caps and arms as can be now spared from the public stores of the State for distribution among said people, at such a price or on such terms as His Excellency may fix upon for either or any of said articles.

Be it further Resolved, That the Justices of the Inferior Courts of said counties, shall be required by His Excellency the Governor to make a judicious distribution of the same for the purposes above stated, and not to allow the same to be perverted to general use.

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

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

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

Mr. President.--The Governor has approved and signed the resolution in relation to the defense of the city of Savannah; and for the removal of the helpless women and children in Savannah, to a place of safety.

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

Mr. President.--The House of Representatives has passed the following resolutions, which I am directed to transmit forthwith to the Senate, and respectfully ask their concurrence in the same, to-wit:

A resolution to bring on the election of Confederate States Senator, State Printer, and a Director on part of the State for the Bank of the State of Georgia, on Tuesday next, at eleven o'clock, A. M.

Also, a resolution to facilitate the transportation of Salt to Georgia.

Also, a resolution declaring the sanction of the State upon the contracts made for the manufacture of Salt in Washington and Smythe counties, Virginia, and to authorize the

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Governor to make necessary arrangements for its prompt transportation to Georgia.

The Senate took up as the report of the committee of the whole, a bill to incorporate the Empire State Iron and Coal Mining Company and to confer certain powers and privileges thereon.

Mr. Jackson moved that the bill be referred to the committee on Internal Improvements, which motion was not agreed to.

Mr. Boyd offered the following amendment:

And it is further enacted, that all the property, both real and personal, of each stockholder shall be liable for the payment of the debts of said corporation in proportion to the stock owned by such stockholder, to be recovered in any Court of law or equity in this State.

Upon agreeing to which amendment the yeas and nays were recorded and were yeas 12 nays 21.

Those who voted in the affirmative were--Messrs.

Boyd, James R. Brown, Gaston, Hansell, Harris, Jackson, McRae, Mitchell, Mosely, Simmons, Stephens, Wright.

Those who voted in the negative were--Messrs.

Alexander, Benson, Bothwell, Wm. M. Brown, Echols, Furlow, Gordon, Griffin, Hill, James Hilliard, Thomas Hilliard, Killen, King, Lane, Lewis, Pinckard, Seward, Shewmake, Smith, Swearingen, Vason,

Yeas 12, nays 21. So the amendment was lost.

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

The Senate took up as the report of the committee of the whole, a bill to be entitled an act to prescribe the terms of citizenship and residence in certain cases and for other purposes.

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

On motion of Mr. Wm. M. Brown, the following communications from His Excellency the Governor, were ordered to be entered upon the Journals of the Senate, to-wit:

Executive, Department,
Milledgeville, Nov. 8th, 1862.

To the General Assembly:

Since I sent my Annual Message, in which I referred to our State contracts with the Virginia company for Salt, and

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to my letter to His Excellency Gov. Letcher, I have received from him a reply, a copy of which I herewith communicate.

While the language of the letter might leave some doubt upon our minds whether the contracts of the two companies of this State, made with my sanction, under which the State authorities expect to derive much of the supply for our people, are included in the exemption, the whole purport of the letter and the well known character of Governor Letcher for liberality, justice and patriotism, I think fully justify the conclusion that he will not interfere with either the works put up by this State, or by her citizens, with her sanction, for the supply of consumers without speculation.

While there is no written contract between the State and the companies, that the Salt is not to be sold on speculation, it is well understood between myself and them, and in execution of this agreement I have carried their Salt over the State Road free of charge, and they are carrying out, in good faith, the agreement on their part. The works of the companies are, therefore, in fact, State works, and are no doubt embraced within the exemption made in our favor by the Governor of Virginia. It is to me a source of much gratification, that there will be no cause to interrupt the friendly relations which have always existed, and should ever exist, between Georgia and that honored commonwealth.

JOSEPH E. BROWN.

Executive Department,
Richmond, Va., Oct. 31st, 1862.

His Excellency Joseph E. Brown:

DEAR SIR.--Since my return from Saltville I have been constantly employed with official duties of a pressing character, hence the unavoidable delay, in replying to your letter of the 8th inst.

I have endeavored at all times, to pursue such a policy as would be calculated to ensure harmony and concert of action between the States of the Confederacy, and the Confederate authorities. In this case, I provided in the contract made on the 22d instant as follows, viz:

And it is further understood and agreed that while the State of Virginia requires the Salt hereby contracted for to be furnished and delivered at the times and in the quantities specified, without failure, the delivery thereof shall not interfere with existing contracts, made with the Government of the Confederate States or with any separate State of the Confederate States, or with any county or corporate Court within this Commonwealth.

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This action will I suppose give satisfaction to the people of Georgia.

I am truly,

JOHN LETCHER.

Mr. Hansell presented the following memorial which on motion was read and referred to a select committee composed of Messrs. Hansell and Vason, to-wit:

To the Honorable the Senate and House of Representatives of
the State of Georgia:

The undersigned citizens of your State most respectfully pray the passage of an act of your General Assembly during the approaching session thereof, granting a Rail Road charter from Roswell in Cobb county to Marietta in said county, or to such other point on the Western & Atlantic Rail Road as may be deemed most desirable, by the company, so to be incorporated with the privilege of connecting with said Western & Atlantic Rail Road on terms just and fair, and your memorialists will ever pray &c.

(Signed) A. J. HANSELL
and others.

Oct. 28, 1862.

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

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment.

Mr. Dyer from the Committee on Enrollment reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A resolution to appoint a committee to consider and report upon questions concerning the Salt supply.

The Senate took up as the report of the committee of the whole, a bill to be entitled an act to exempt from their professional tax all physicians now enlisted as privates in the armies of the Confederate States.

A motion to refer the bill to the Committee on Finance, was not agreed to.

Mr. Killen moved to amend the bill so as to include Lawyers and all other persons liable to pay professional tax during their continuance in service, which amendment was agreed to.

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

The following bills were then taken up and read the second time:

A bill to be entitled an act for the benefit of Guardians, Administrators, Executors and minors so far as relates to the county of Burke.

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A bill to be entitled an act to prevent certain persons therein described from becoming citizens of the State of Georgia; this bill was referred to the Committee on Confederate Relations.

A bill to be entitled an act to exempt every citizen of Georgia from the payment of a poll tax, who is now in the military service of the Confederate States or of said State or hereafter may be in such service, and who is liable to pay a poll tax under existing laws, and also to exempt one thousand dollars worth of the property of every citizen of said State from taxation so long as he may remain in said service; this bill was referred to the Committee on Finance.

A bill to be entitled an act to authorize and require the Justices of the Inferior Courts of the several counties in this State, to assess a tax to aid and assist in the support of indigent families of soldiers, who have been, now are or may be engaged in the military service of the State or the Confederate States, referred to the Committee on the Judiciary.

A bill to be entitled an act to relieve the several banks in this State and their officers from the pains and penalties heretofore imposed, referred to the Committee on Banks.

A bill to be entitled an act to authorize and require the several chartered banks in this State to issue change bills and for other purposes, referred to the Committee on Banks.

A bill to be entitled an act to prevent the distilling of ardent spirits, from corn, wheat, rye, barley, potatoes, sugar cane or sugar millet, which was referred to the special Committee on Distillation of Spirituous liquors, to whom that part of the Governor's message was referred, to-wit: Messrs. Mosely, Vason, Hansell, Lane and Wright.

A bill to be entitled an act to alter and amend the road laws of this State so far as relates to the liability of persons subject to work on the public roads in this State.

A bill to affirm and declare in force within the State of Georgia, an act passed by Congress of the Confederate States of America known as the Conscript act assented to the 1862.

A bill to be entitled an act to abolish the office of County Treasurer in the county of Stewart and for other purposes.

A bill to be entitled an act to amend the first section of an act entitled an act to authorize Guardians, Trustees, Executors and Administrators, to invest in Confederate States bonds and in lands and negroes, assented to December 16th, 1861.

A bill to be entitled an act to extend the time for the payment of the taxes for the year 1862 so far as relates to the county of Burke.

A bill to be entitled an act to alter and amend the 4351

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and 4352 sections of the Code of this State in relation to change bills and for other purposes.

The message from the House of Representatives referring to the election of a Confederate States Senator, Public Printer and a Director for the Bank of the State of Georgia, was taken up and read.

Mr. Mosely moved that the same lie on the table for the present.

Upon agreeing to which motion the yeas and nays were recorded and the yeas were 22, nays 12.

Those who voted in the affirmative were--Messrs.

Boyd, Wm. W. Brown, James R. Brown, Dyer, Gaston, Griffin, Hansell, Harris, James Hilliard, Thos. Hilliard, Jackson, Jamison, Killen, King, Lane, Lewis, McRae, Mitchell, Mosely, Pinckard, Simmons, Stephens.

Those who voted in the negative were--Messrs.

Alexander, Anthony, Benson, Bothwell, Echols, Furlow, Hill, Seward, Shewmake, Swearingen, Vason, Wright.

Yeas 22, nays 12. So the motion prevailed.

Mr. Hansell gave notice that he would introduce on Monday a resolution to amend the thirteenth standing rule of the Senate, so as the same shall provide for a standing Committee on the Georgia Military Institute.

The Senate then adjourned to Monday ten o'clock.

MONDAY, NOVEMBER 10TH, 1862.
10 O'CLOCK, A. M.

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

Mr. Boyd moved to reconsider so much of the Journal of Saturday last as relates to the passage of the bill to incorporate the Empire State Iron and Coal Mining Company, &c.

This motion was not agreed to.

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

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

On motion of Mr. Gordon, the rules were suspended, and the communication of his Excellency respecting the defense of this State taken up and read, to-wit:

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Executive Department,
Milledgeville, November 10th, 1862.

To the General Assembly:

I transmit to each House a copy of a letter from Brigadier General H. M. Mercer, commanding at Savannah, dated 7th instant, informing me that "a letter from the Secretary of War has been served upon him, which withdraws from him all power to retain the negroes now working upon the fortifications of Savannah," and that, "from this time forward, he will make no further efforts to secure labor himself," and "if the people and government of the State mean Savannah to be defended, they must themselves furnish the necessary labor."

General Mercer also makes requisition upon the State for negroes to work on the defenses.

I also append a letter from him, dated 8th instant, in response to one from me, asking him to make an urgent appeal to the Secretary of War to send to Savannah reinforcements at an early day.

It will be seen, by reference to the first of these letters, that the Confederate General looks alone to Georgia for the means to defend her seaport city. While the right is denied to the State, by the Conscription Act, to call into the field and retain in her service any portion of her organized militia, or any part of the material of which it is composed, to defend herself against the invader at a time when the Confederate force within the State is inadequate to the task, the War Department has withdrawn from the General in command the power to retain the labor necessary to complete the fortifications which are indispensable to a successful defense.

I submit the question for the action of the General Assembly, and recommend that prompt provision be made, to the extent of the ability of the State, for carrying out your resolutions for the defense of the city to the last extremity.

In view of the fact that Georgia has furnished about seventy-five thousand troops to the Confederacy, who have rendered the most distinguished services on almost every battle field of the war, I cannot forbear the expression of my deep regret that so few of them should be permitted to return to her bosom to strike for their homes, and at a time of so much peril, when the right even to supply their places in the field, upon her soil, with others now at home, as denied to the State.

JOSEPH E. BROWN.

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Headquarters Dist. of Georgia,
Savannah, 8th Nov., 1862.

His Excellency Joseph E. Brown,
Governor of the State of Georgia:

I have to inform your Excellency that this morning a letter from the Secretary of War has been served upon me, which withdraws from me all power to retain the negroes now working upon the fortifications of Savannah. Every negro, to the number of a thousand, will probably leave me in a few days, and a portion are discharged to-day.

From this time forward I will make no further efforts to secure laborers myself. If the people and government of the State of Georgia mean Savannah to be defended, they must themselves furnish the necessary labor. The agency for the collection of labor hitherto existing by my creation, will continue only long enough to wind up its present business.

I have the honor to make requisition upon the State of Georgia for fifteen hundred able-bodied negroes to work on the defenses of Savannah.

I have the honor to be,
Very respectfully,
Your obedient servant,

H. W. MERCER,
Brig. Gen. Commanding.

HEADQUARTERS DISTRICT OF GEORGIA,
Savannah, 8th Nov., 1862.

His Excellency Joseph E. Brown,
Governor of the State of Georgia:

SIR:--I have the honor to acknowledge the receipt of your Excellency's letter of the 6th instant, and to state that I have represented, in urgent terms, to the War Department, the necessity for reinforcements in this quarter, and have requested that the two legions named may be ordered to report to me at once.

The question of election in the 4th Regiment Georgia Volunteers I shall refer to the War Department for its decision. It is important that the principle involved in this case should be authoritatively settled, for present and future guidance.

I take this occasion to express to your Excellency my grateful sense of the support afforded to me in my endeavors to provide adequate defenses for the city of Savannah, and which I trust your Excellency and the Legislature of the State will continue to afford me. With your invaluable aid I shall hope to be able to prevent the Abolitionists

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from effecting a permanent lodgment anywhere on our shores.

I have the honor to be
Your Excellency's most ob't servant,

H. W. MERCER,
Brig. Gen. Commanding.

Mr. Furlow reported the following preamble and resolutions, which, on motion, were taken up, viz:

Whereas, in this unholy war the defense of any exposed point is the defense of the State itself:

And whereas, the General commanding this District has announced that, without the co-operation of the State in procuring labor, he cannot guaranty the safety of the city of Savannah--

Resolved, That his Excellency the Governor be, and he is hereby authorized and enjoined to make use of any and all negroes in this State for the public defense, in such way as shall be, in his judgment, most equitable for the citizens of this State.

Resolved, That the requisition of the General commanding for two thousand five hundred negroes to complete the defenses around Savannah, be forthwith filled upon such terms as shall be agreed upon by the Governor.

Mr. Gibson offered the following amendment, which was accepted, to-wit:

And be it further resolved, That his Excellency be authorized to contract with any person or persons for the completion of the defenses around Savannah.

The resolution as amended was agreed to, and ordered to be transmitted forthwith to the House of Representatives.

And thereupon the Senate resumed the consideration of the pending question, which was a motion to reconsider a portion of the Journal of Saturday last, which motion was lost.

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

Mr. President:--I am directed by the Governor to deliver to the Senate a communication in writing, in reference to certain trophies captured by the 18th Georgia Regiment.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate that they have adopted a resolution making the House Committee on the State of the Republic, and the Senate Committee on Confederate

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Relations, a joint committee to consider the subject matter of the Special Message of his Excellency the Governor, and I am directed to transmit the same forthwith to the Senate.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate that they have passed the following bill, to-wit:

A bill to be entitled an act to appropriate the sum of forty-five thousand dollars towards obstructing the Apalachacola, Chattahoochee, and Flint rivers, and to appoint commissioners to receive and disburse the same; and I am directed to transmit the same to the Senate forthwith.

On motion, the above stated bill from the House of Representatives was taken up and read the first time.

On motion, leave was granted to Mr. Gibson to sign the written statement of Messrs. Gordon, Anthony and Jackson, officers in the Provisional Army of the Confederate States, and members of this Senate, made upon a question of privilege, and ordered to be entered upon the Journal of the Senate.

The Judiciary Committee, to whom had been referred a bill to carry into effect so much of the first clause of the sixth section of the second article of the Constitution of the State of Georgia as provides that the General Assembly shall by law prescribe the manner in which the power to grant corporate powers and privileges, &c., shall be exercised, report the same back to the Senate and recommend that it do pass, with the following amendment, to-wit:

Strike out the words "or Inferior," in fourth line from the bottom of second page; strike out the words "courts shall," fourth line of third page, and insert the words "Judge of the Superior Courts shall have power either in term time or vacation to"--

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

Mr. Mosely, as chairman of the Committee on Public Printing, pursuant to instructions of said committee, reported the following bill, which was read the first time, to-wit:

A bill to let the Public Printing of the State of Georgia to the lowest bidder.

Mr. Hansell, pursuant to previous notice, reported the following resolution, which, on motion, was taken up, read and agreed to, to-wit:

Resolved, That a Committee on the Georgia Military Institute be appointed by the President of the Senate, and

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that the thirteenth rule of the Senate be, and is hereby so amended as to include said committee among the standing committees of the Senate.

Whereupon the President appointed Hansell, Lewis, Gordon, Vason, Echols, J. R. Brown, Harris, said committee.

The Committee on the Military made the following report, to-wit:

The Military Committee, to whom was referred certain resolutions instructing the Governor to distribute arms and munitions to certain counties, &c., have had the same under consideration, and report the same back to the Senate with the following amendments, to-wit:

Amend the first resolution by inserting after the word "designated," at the end of the 12th line, the words, "and any other counties in this State similarly exposed."

Amend first resolution by striking out all the latter clause of the same after the word "people."

Further amend by striking out all the last resolution after the word "Governor," in the last line of the first page, and insert "to deliver over such stores, &c., as may be furnished, only to companies which may be organized for public defense."

And with said amendments the committee recommend that said resolutions do pass.

The amendments were agreed to, and the resolutions as amended were adopted.

On motion of Mr. Wm. M. Brown, the joint resolutions from the House of Representatives to facilitate the transportation of salt to Georgia, were taken up, read and concurred in.

Mr. Gordon reported the following preamble and resolutions, which, on motion, were taken up and referred to the Committee on Finance, to-wit:

Whereas, it is absolutely necessary that our troops in the field should at once be furnished with clothes and shoes: And whereas, it is impossible to do so at the present exorbitant prices charged for fabrics and material of all kinds:

Therefore resolved, by the General Assembly of the State of Georgia, the House concurring, That his Excellency the Governor is hereby authorized and empowered to seize any and all of the factories, and also all material or other article or thing that may be necessary for the purpose aforesaid to the use of the State, paying therefor just and reasonable compensation. Provided said necessary fabrics, material or other articles are not sold and furnished both to the State and private individual, or other person or persons on fair and reasonable terms.

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Resolved, That all such factories, goods, material or other article when so seized to the use of the State shall be used and applied in the most effective manner in the discretion of the Governor for the purpose of clothing and furnishing shoes to our troops now in the filed or who may hereafter be called out.

Resolved, That His Excellency in making any or all such seizure is requested to protect and provide for any contract or other arrangement that has been or may hereafter be made by the Confederate States or any of the States of the Confederacy for the purpose of furnishing clothes or shoes to any troops in the military service.

The committee appointed to prepare suitable resolutions respecting the death of Senators Winn and Patrick, submitted the following report which was taken up, read and agreed to, to-wit:

True friendship ever mourns the absence of worthy and esteemed associates, even when that absence is attended with all human surety, that it will be but temporary. But how mixed with sadness and sorrow must this attribute of our nature become when the truth is forced upon us that familiar faces once smiling upon us, and the gentle voices once accustomed to greet us, now lie in cold and silent absence, in obedience to the stern mandate of death.

The force of this sentiment is manifested by the intelligence received by the Senate upon its reassembling that our circle, though small, had been visited by the messenger of death and despoiled of two of its members in the persons of Hon. George A. Winn of the 22d and Hon. J. H. Patrick of the 31st Senatorial Districts. Their absence is universally felt. Apart from their worth owing to the smallness of our body we are brought in more direct association with one another, than we would be in a larger body, and thereby become the better acquainted with, and the more endeared to each other by the ties of association and friendship.

On our first assembling we met, many of us for the first time, and as strangers, we parted at the close of the session as friends, cherishing for each other a regard, which although only of forty days growth, yet was of so strong and matured a character as would seem to indicate an association of as many years. All hoped, yes, all expected to meet again and occupy their accustomed seats and cultivate the friendships thus so auspiciously begun. But how uncertain of fruition the hopes of man in this life! how unexpectedly are his fondest anticipations withered and blasted!

Dr. George A. Winn was a man of no ordinary mind; modest and retiring, the majesty of his intellect polished by education, matured and strengthened by a rich fund of information drawn from books and from men, could be seen and fully appreciated only by those who had intimately cultivated

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his acquaintance. To strangers he seemed austere and morose--towards his friends and acquaintances, there was no austerity, no moroseness, but a depth and cordiality of friendship that could not have emanated but from a heart capable of originating and cherishing the best feelings of our nature. He came among us known to but few members of this body. As his acquaintance extended to others, their respect and esteem increased towards him, and despite his silence and obtrusiveness in our deliberations, he soon became respected as a man, and his worth as a Senator appreciated. Dr. Winn as a physician practiced extensively for many years in the county of Monroe. His memory will be cherished by his neighbors, not only for his professional skill, but for his many other excellencies and christian virtues. Fond of retirement and of home, he was no seeker of office, and was induced to accept the position of Senator only in response to the unanimous call of his constituency and his devotion to the interests of his beloved South.

Hon. J. H. Patrick was one of that large class of Georgians who by nature, intellect and great energy of character, unaided by early education or wealth make themselves worthy to occupy honorable positions in the councils of the State. His integrity gained for him the confidence of his constituents--his energy placed in and around his home all the abundance and comforts of life. Without guile or hypocracy, a stranger had but to see his face to know that he was an honest man.

Resolved 1st. That in the death of Senators Winn and Patrick, this body has sustained the loss of two of its most valuable members, and the country has been deprived of devoted patriots.

Resolved 2d, That we tender to the bereaved families of our lamented colleagues the assurance of our sympathy in their severe affliction, and that a copy of this report be transmitted by the Secretary to them as a feeble expression of our feelings on this occasion.

Resolved 3d, That in respect to the memory of the deceased that this Senate do now adjourn.

On motion, the Senate adjourned to ten o'clock, A. M. to-morrow.

TUESDAY, NOVEMBER 11TH, 1862,
10 O'CLOCK, A. M.

The Senate met according to adjournment, and was opened with prayer by the Reverend Mr. Mosely.

Mr. Gordon, as chairman, submitted the following report

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of the Committee on Banks, which, on motion, was taken up, to-wit:

The Committee on Banks, to whom was referred a bill to be entitled an act to relieve the several banks in this State and their officers from the pains and penalties heretofore imposed; and also, a bill to be entitled an act to authorize and require the several chartered banks in this State to issue change bills, and for other purposes, have had the same under consideration, and report a substitute in lieu of both, to-wit: an act to grant relief to the banks and people of this State, which they recommend be passed.

Mr. Seward offered the following proviso as an amendment, which was accepted, to-wit:

Provided that plaintiffs in execution accept in payment of the interests and costs due on such fi. fa., Confederate Treasury notes at par.

Mr. Gordon moved to amend said report by striking out the whole of the second section of said bill, which was agreed to.

Mr. Mosely moved to insert the words "at par," which was agreed to.

On motion the substitute, as amended, was accepted in lieu of the original bill.

The report as amended was agreed to, the bill was read the third time, and upon the question, Shall this bill now pass? the yeas and nays were recorded.

Those who voted in affirmative were Messrs.

Alexander, Benson, Bothwell, Boyd, Wm. M. Brown, James R. Brown, Dyer, Echols, Furlow, Gaston, Gordon, Griffin, Hansell, Harris, Hill, James Hilliard, Thos. Hilliard, Jackson, Killen, King, Lane, Lewis, McRae, Mitchell, Mosely, Pinckard, Seward, Shewmake, Simmons, Smith, Stafford, Stephens, Swearingen, Vason, Wright.

Yeas 35; nays 0. And so the bill was passed by a constitutional majority of two-thirds.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report, to-wit:

The Committee on Finance to whom were referred that part of the Governor's message which relates to the furnishing of clothing for the Georgia troops, and resolutions on the same subject, have had the same under consideration, and being duly impressed with the importance of the subject, beg leave to present the following preamble and resolutions, in lieu of the resolutions referred to them, and respectfully

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recommend their adoption as a substitute for said resolutions:

WHEREAS, reliable information is in possession of the General Assembly, that the Georgia troops in the Confederate service, most of whom are in a comparatively frozen latitude, are destitute, many of them, of that clothing necessary to render them comfortable, and, in many intances, even to preserve life itself:

And whereas, the Georgia Relief and Hospital Association, much as it has done and is still doing, is entirely inadequate to the emergency:

And whereas, our soldiers, being not only composed of those endeared to us by the ties of blood, but also our great bulwark of defense should, from considerations of gratitude towards, and affection for them, as well as safety to ourselves as a people, be rendered as comfortable as possible, and thereby strengthened for the deadly conflict:

And whereas, the dreadful alternative now forces itself upon us as legislators, humanitarians and kindred, in all its startling import, whether our brave boys shall be clothed by extraordinary energy, unusual effort, and resorting to means apparently harsh, but really necessary, or whether they shall be suffered to shiver and die, away from home and kindred, in inhospitable climes, for the want of shoes and clothing which are in our midst, but cannot be obtained without the means hereinafter recommended:

Therefore, Resolved by the Senate and House of Representatives, 1st. That His Excellency, the Governor of Georgia, be, and he is hereby authorized and requested, if satisfactory arrangements cannot be made with the proprietors otherwise, to seize all the factories, and tanneries, and manufactured articles in this State, or so many of them as he may find necessary, and to appropriate their whole products to the use hereinbefore indicated, till a good pair of shoes, and a good suit of clothes are furnished to every Georgia soldier in service, who needs such assistance.

2. That not exceeding the following prices shall be paid by his Excellency for the articles herein set forth, viz:

For leather per pound, one dollar; for shoes, such as are suitable for soldiers, per pair, three dollars; for each block or bunch of cotton yarns (5 lbs.), two and one half dollars; for cotton osnaburgs per yard, twenty cents; for woolen jeans per yard, two dollars; cotton shirting 3/4 yard wide per yard, twenty cents, and in the same proportion for any other width; for Georgia cassimeres per yard, two and one half dollars.

3. That should any other articles manufactured in this State, which is not embraced in the foregoing schedule, be found necessary for the aforesaid purposes, in such case his Excellency the Governor is authorized to pursue the course

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hereinbefore pointed out in reference to the articles specified, and pay such price as in his judgment may be equitable and just.

On motion, the report was taken up and read.

On motion, the substitute was received in lieu of the original preamble and resolutions.

Mr. Gibson moved to strike out price of shoes, "three dollars," which motion was lost.

On motion of Mr. Gibson, fifty copies of said preamble and resolutions were ordered to be printed, and the same made the special order of the day for Thursday next.

The Committee on Finance, to whom had been referred a bill to exempt every citizen of Georgia from the payment of a poll tax, who is now in the military service, &c., reported the same back to the Senate with the recommendation that it do pass.

The following bills were reported and severally read the first time, to-wit:

Mr. Boyd--A bill to release and fully discharge Archibald G. Wimpy, of the county of--, as executor from the trust reposed by the last will and testament of B. M. Smith, late of said county, deceased.
Mr. J. R. Brown--A bill for the relief of soldiers' families and widows of deceased soldiers in this State, and to set apart the proceeds of the Western & Atlantic Railroad for that purpose.
Mr. Dyer--A bill to authorize and require the Ordinaries of the several counties of the State to pay over the educational fund due said counties to the Justices of the Inferior Courts of the different counties of said State, and for other purposes.
Mr. Hansell--A bill to amend the charter of the Confederate Fire, Marine and Life Insurance Company, of Atlanta, Georgia.
Mr. Gordon--A bill to grant relief to the people of this State.
Mr. Furlow--A bill to enlarge and define the duties of the Sheriffs and their deputies of the several counties of this State, in certain cases.
Mr. King--A bill for the relief from taxation of certain citizens of this State.
Mr. Mosely--A bill to change the line between the counties of Paulding and Haralson, and to add a portion of the county of Paulding to the county of Haralson, and for other purposes.
Mr. Seward--A bill to amend an act entitled an act to incorporate the Cotton Planters' bank of Georgia, and to confer certain powers and privileges upon said corporation.
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Mr. Swearingen--A bill to incorporate the Georgia Eclectic Medical College, to be located in the city of Atlanta Georgia.

Mr. Pinckard reported the following preamble and resolutions, which were read, to-wit:

WHEREAS, The State of Georgia has heretofore loaned to the Confederate Government about one hundred and sixty thousand pounds of powder; and whereas the State now needs a portion of the same for its internal police.

Be it therefore resolved by the Senate and House of Representatives, That the Confederate Government is hereby respectfully requested to return to the Governor of Georgia twenty-five thousand pounds of the amount of powder loaned, as soon as the same can be done, for the use of the State.

2. Further Resolved, That a copy of this preamble and resolutions be forwarded to his Excellency the President of of the Confederate States.

Mr. Jackson reported the following:

Resolved, That the Governor be, and he is hereby authorized to appoint a commissioner, or commissioners, to audit the claims for guns furnished by its citizens for State defense, the amount due each claim be paid out of the military fund for State defense.

The Senate took up as the report of the committee of the whole, a bill to alter and amend the road laws of this State so far as relates to the liability of persons subject to work on the public roads of this State.

Mr. King offered the following amendment, which was agreed to, to-wit:

Provided, That the provisions of said act, as far as relates to female slaves, shall not apply to the counties of Glynn, Camden, Charlton, Houston, Crawford and Taylor.

On motion, said bill was referred to the Committee on Internal Improvements.

The Senate took up as the report of the committee of the whole a bill to amend the first section of an act entitled an act to authorize guardians trustees, executors and administrators to invest in Confederate States bonds and in land and negroes, assented to Dec. 16th, 1861.

This bill was, on motion, referred to the Judiciary Committee.

The Senate took up as the report of the committee of the whole, a bill to abolish the office of County Treasurer in the county of Stewart, and for other purposes.

Mr. Jas. Hilliard offered the following amendment, which was agreed to, to-wit:

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Provided, That the Ordinary shall give bond and security in terms of the law now in force.

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

The Senate took up as the report of the committee of the whole, a bill to affirm and declare in full force within the State of Georgia, an act passed by the Congress of the Confederate States of America, known as the Conscript act, assented to day of, 1862.

On motion this bill was indefinitely postponed.

The Senate took up as the report of the committee of the whole, a bill to alter and amend the 4,351st and 4,352d sections of the Code of this State, and for other purposes.

This bill was, on motion, referred to the Committee on the Judiciary.

The Senate took up as the report of the committee of the whole, a bill for the benefit of guardians, administrators, executors and minors, so far as relates to the county of Burke

Mr. Lewis moved to amend by striking out the words, "the county of Burke," so as to make the act general, which was agreed to.

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

The Senate took up as the report of the committee of the whole, a bill for the relief of the Receiver and Collector of taxes for Burke county, Georgia.

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

The following bills were taken up and severally read the second time:

A bill to prevent extortion, and to provide for the punishment of the same, and to revive and put in force in this State the common and statute laws of England against forestalling, regrating and engrossing, and to punish said offences, and for other purposes.

On motion, this bill was referred to the Judiciary Committee, and fifty copies ordered to be printed for the use of the Senate.

Also, a bill supplementary to an act entitled an act to incorporate the Planters' Insurance, Trust and Loan Company, and to confer certain powers and privileges thereon, approved 1861.

Also, a bill to protect the property of married women, to regulate its distribution in cases of intestacy, and to prescribe their liabilities.

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Also, a bill to enforce the payment of taxes by free persons of color.

On motion, this bill was referred to the Committee on the Judiciary.

Also, a bill to add an additional section to the Penal Code.

Also, a bill to change the time of holding elections for members of Congress.

Also, a bill from the House of Representatives appropriating forty-five thousand dollars towards obstructing the Apalachacola, Chattahoochee and Flint rivers, and to appoint commissioners to receive and disburse the same.

The rule being suspended, the following bills were reported and severally read the first time, to-wit:

By Mr. Gordon--A bill to be entitled an act to provide for the public safety.

Fifty copies of this bill were ordered to be printed.

By Mr. Hansell--A bill to be entitled an act for the relief of John Bellinger, administrator of W. J. Dobbs, deceased.

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

WEDNESDAY, NOVEMBER 12th, 1862.
10 O'CLOCK, A. M.

The Senate met according to adjournment and was opened with prayer by the Rev. Mr. Adams.

The Senate took up as the report of the committee of the whole a bill to be entitled an act to let out the public printing of this State to the lowest bidder.

Mr. King offered the following amendment which was accepted to-wit:

Sec. And be it further enacted, That if the printing is not completed in the time stipulated, or if the said lowest bidder shall fail or refuse to give such security, the Governor shall have the right, and it is hereby made his duty to sublet the contract on such terms as will in his judgment yield fair compensation, Provided that he will not apply to any Legislature for any increase of pay.

Sec. And be it further enacted, That if the said contract should be sublet at a higher rate than that offered by the lowest bidder, it shall be the duty of the Comptroller General forthwith to issue an execution against the said lowest bidder and his security or securities for the amount over

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and above the sum of the lowest bid as in case of defaulting tax collectors.

Mr. Hansell offered the following amendment which was accepted, to-wit:

That so much of the public printing as may be required for the use of the General Assembly shall be executed at the Capitol of this State.

Mr. Pinckard offered the following amendment to the oath which was lost, to-wit:

And that he will not call upon the State for any additional compensation for printing.

The report as amended was agreed to.

Upon the question shall this bill pass, the yeas and nays were recorded, and were yeas 24, nays 14.

Those who voted in the affirmative were--Messrs.

Alexander, Anthony, Beasley, Benson, Boyd, Wm. M. Brown, Hansell, Harris, Hill, James Hilliard, Thos. Hilliard, Killen, King, Lane, Lewis, McRae, Mitchell, Mosely, Pinckard, Shewmake, Simmons, Smith, Stephens, Wright.

Those who voted in the negative were--Messrs.

Bothwell, James R. Brown, Dyer, Exchols, Furlow, Gaston, Gibson, Griffin, Jackson, Kendall, Seward, Stafford, Swearingen, Vason.

Yeas 24, nays 14. So the bill was passed.

Mr. Dyer chairman of the Committee on Enrollment, reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A resolution to facilitate the transportation of Salt to Georgia.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have adopted a substitute for the Senate resolution of thankfulness to Almighty God, in which they ask the concurrence of the Senate.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have adopted a substitute for the Senate resolution relative to the defenses of Savannah, in which they ask the concurrence of the Senate

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On motion of Mr. Hansell, leave of absence for a few days was granted to Mr. Gordon.

The rule being suspended Mr. Killen offered the following resolution, to-wit:

Resolved the House concurring, That the Senate repair to the Representative chamber at 12 o'clock, M. to-morrow to hear the report of the Executive Committee of the Georgia Relief and Hospital Association of their operations during the past year by the Rev. J. O. A. Clark, chairman of the committee appointed to visit the General Assembly for that purpose.

On motion, said resolution was taken up and adopted, and ordered to be transmitted forthwith to the House.

On motion of Mr. Hansell, the Senate took up the message from the House of Representatives, informing the Senate that the House of Representatives had adopted a substitute for the Senate resolutions for the defenses of Savannah in which they ask the concurrence of the Senate.

Mr. Jackson offered the following amendment, to-wit:

Just compensation shall not exceed eleven dollars per month and that the State shall feed and clothe them for the time employed without expense to the owner.

On the question shall this amendment pass, the yeas and nays were recorded and are yeas 11, nays 28.

Those who voted in the affirmative were--Messrs.

Benson, Boyd, James R. Brown, Gibson, Thos. Hilliard. Jackson, Jamison, Lane, Seward, Stephens, Swearingen.

Those who voted in the negative were--Messrs.

Alexander, Anthony, Beasley, Bothwell, Wm. M. Brown, Dyer, Echols, Furlow, Gaston, Griffin, Hansell, Harris, Hill, James Hilliard, Killen, King, Lewis, McRae, Mitchell, Mosely, Pinckard, Shewmake, Simmons, Smith, Stafford, Vason, Wright.

Yeas 11, nays 28. So the amendment is rejected.

On motion of Mr. Lewis the Senate concurred in the amendment of the House and ordered the same to be transmitted forthwith to the House of Representatives.

On motion, the Senate also concurred in the amendment of the House, of resolutions of thanks to Almighty God.

The Senate took up as the report of the committee of the whole a bill to be entitled an act supplementary to an act entitled an act to incorporate the Planters' Insurance Trust and Loan Company and to confer certain powers and privileges thereon, approved 1861.

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On motion, this bill was referred to the Committee on Banks.

The Senate took up as the report of the committee of the whole a bill to change the time of holding elections for members of Congress.

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

The Senate took up as the report of the committee of the whole a bill to protect the property of married women, to regulate its distribution in cases of intestacy, and to prescribe their liability.

On motion, this bill was laid on the table for the present and fifty copies ordered to be printed for the use of the Senate.

REPORT OF COMMITTEE ON INTERNAL IMPROVEMENTS.

The Committee on Internal Improvements to whom was referred the bill to be entitled an act to alter and amend the Road laws of this State so far as relates to the liability of persons subject to work on the public roads in this State have directed me to report as follows, to-wit:

Strike out all in the body of said bill that relates to female free negroes and female slaves, and the committee then recommend that the bill do pass.

The report as amended was agreed to.

The bill was read the third time and passed.

Mr. Seward chairman of the Judiciary Committee of the Senate made the following report:

A bill to be entitled an act to alter and amend an act, assented to the 10th day of December, 1841, in relation to making, issuing and circulating change bills &c., and for other purposes, having had the same under consideration, recommend a substitute in lieu of the original be passed.

Also, a bill to be entitled an act to amend the first section of an act to authorize Guardians, Trustees, Executors and Administrators to invest in Confederate States bonds, lands and negroes, assented to December 16th, 1861, having had the same under consideration recommend it do not pass.

The first bill amended in the report being taken up Mr. Gibson offered the following amendment, to-wit:

Provided said prosecutor shall not be a competent witness in any cause where he may be entitled to receive a part of the fine.

Mr. Lewis offered the following as a substitute for the amendment offered by Mr. Gibson which was agreed to, to-wit:

And be it further enacted, that the informer in such prosecutions

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shall be a competent witness to testify in such prosecution.

The report as amended was agreed to.

The bill was read the third time and passed.

The report of the committee in relation to the other bill in the report named was agreed to and the bill was lost.

The Senate took up as the report of the committee of the whole a bill to be entitled an act to exempt every citizen of Georgia from the payment of a poll tax who is now in the military service of the Confederate States, or the State of Georgia, who may hereafter be in such service who is liable to pay a poll tax under existing laws, and also to exempt one thousand dollars' worth of the property of every citizen of said State who is or hereafter may be in such military service, so long as he remain in said service.

The report was agreed to.

The bill was read the third time and passed.

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

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

A resolution to repair to the Representative Chamber at 12 o'clock M. to-morrow, to hear the report of the Executive Committee of the Georgia Relief and Hospital Association.

The Senate took as up the report of the committee of the whole, the bill from the House to be entitled an act to appropriate the sum of forty-five thousand dollars towards obstructing the Apalachicola, Chattahoochee and Flint rivers and to appoint commissioners to receive and disburse the same.

The report was agreed to, the bill was read the third time and passed and ordered to be transmitted forthwith to the House of Representatives.

The rule being suspended, on motion, the resolution authorizing the Governor to appoint a commissioner or commissioners to audit claims for guns was taken up and adopted.

The rule being suspended, Mr. Jackson reported the following preamble and resolutions, which were taken up and referred to the Judiciary Committee, to-wit:

Whereas, there is great distress in the land on account of the scarceness of Salt, and whereas the citizens of this commonwealth being in a distressed condition and unable to procure the necessary supply by purchase, at prices within their means, it has thereby become a matter of public necessity to supply their wants. Be it therefore

Resolved, That the Governor be and he is hereby authorized

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and required to appoint agents to visit any and all places in this State where Salt is stored or held on speculation, and enter such buildings or cellars where the same may be kept and seize such salt for public use and make an equal distribution of the same, to such of our citizens as may be found in distress and want, paying the owners just compensation therefor on cost to the holder, the cost to be computed on the first purchase at the Salt works, adding transportation and fifty per cent profit, and Liverpool Salt holders in a like proportion.

The rule being suspended Mr. Hansell offered the following resolution which was taken up and adopted, to-wit:

Resolved, That General A. R. Wright be tendered a seat within this Chamber, and invited to accept the same.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have adopted a resolution of thankfulness to the officers and soldiers in service from this State, and I am directed to transmit the same forthwith to the Senate.

The following bills were taken up and severally read the second time:

A bill to be entitled an act to release and fully discharge Archibald G. Wimpey of the county of Lumpkin as co-Executor from the trust reposed by the last will and testament of B. M. Smith, late of said county, deceased.

A bill to be entitled an act to amend the charter of the Confederate Marine and Life Insurance Company of Atlanta, Georgia.

A bill to grant relief to the people of this State.

A bill to be entitled an act for the relief of John Bellenger, Administrator of W. J. Dobbs, deceased.

A bill to be entitled an act to alter and amend an act entitled an act to incorporate the Cotton Planters' Bank of Georgia, and to confer certain powers and privileges upon said corporation.

This bill was on motion referred to the Committee on Banks.

A bill to be entitled an act for the relief from taxation of certain citizens of this State.

A bill to be entitled an act to change the line between the counties of Paulding and Haralson and to add a portion of the county of Paulding to the county of Haralson, and for other purposes.

A bill to be entitled an act to incorporate the Georgia Eclectic Medical College to be located in the city of Atlanta, Georgia.

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A bill to be entitled an act to enlarge and define the duties of the Sheriffs and their Deputies of the several counties of the State in certain cases; this bill was on motion referred to the Judiciary Committee.

A bill to be entitled an act to provide for the public safety.

This bill was on motion referred to the Judiciary Committee.

A bill to authorize and require the Ordinaries of the several counties of the State to pay over the educational fund due said counties to the Justices of the Inferior Courts of the different counties of said State, and for other purposes.

Mr. Mosely chairman of the special committee to whom was referred a bill to be entitled an act to prohibit and punish the distillation of spirituous liquors from corn, wheat, rye, barley, sweet potatoes, sugar cane, sugar millet, syrup or molasses, reported a substitute for the same under the same title and recommend that the same be passed.

On motion the report was taken up.

Mr. Vason offered the following amendment:

Sec. 7. Be it further enacted, That the Governor may grant the privilege or license for the manufacturing of such an amount of alcohol or other spirituous liquors as may be needed by the government of the Confederate States, or for medical purposes generally, and he shall place such guards around the privileges as he may think necessary to prevent the violation of the spirit of this act, and it shall be his duty upon receiving satisfactory imformation that such license or privilege is abused or perverted forthwith to revoke such license, and any person or persons who shall continue the manufacturing of any of said articles after a publication of the revocation of such license, shall be subject to the pains and penalties of this act; which was agreed to.

Mr. Killen offered the following amendment which was lost, to-wit:

Provided, that the provisions of the foregoing act shall not extend to prevent any citizen from distilling from any of the above named articles, such reasonable amount of spirits or pure alcohol of his own production not exceeding two per cent of the entire amount of such article produced by such citizen for his own use for medical and mechanical purposes, but on no account to be allowed to buy or sell any of such articles to be distilled.

Mr. Mosely called for the previous question, which call was sustained, and the question shall the main question be now put? decided in the affirmative.

The report as amended was agreed to.

The bill was read the third time and passed, and ordered to be transmitted forthwith to the House of Representatives.

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The Senate took up the message from the House in relation to a resolution making a joint committee of the House committee on the State of the Republic and the Senate Committee on Confederate relations.

On motion, the House resolution was concurred in.

The Senate took up the message from the House of Representatives in relation to a resolution to bring on certain elections.

On motion of Mr. Seward the resolution was amended by striking "State Printer" and inserting 18th after the word Tuesday.

The resolution as amended was concurred in.

The Senate took up the message of the House of Representatives in relation to a resolution to bring on the election of Confederate States Senator.

On motion, the said resolution was amended by striking out "next" and inserting 18th inst., after the word Tuesday.

The resolution as amended was concurred in.

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

THURSDAY, NOVEMBER 13TH, 1862,
10 O'CLOCK, A. M.

The Senate met according to adjournment and was opened with prayer by the Rev. Mr. Talmage.

Mr. Gibson made a motion to reconsider so much of the journal of yesterday as relates to the passage of a bill to let the public printing to the lowest bidder, which motion was agreed to.

On motion of Mr. Dyer, leave of absence was granted to the Senator from the 21st district for a few days on account of sickness in his family.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate, that they have passed the following bill, to-wit:

A bill to be entitled an act to provide for the supply of the people of Georgia with Salt, and to appropriate money for the accomplishment of that object.

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

Mr. President.--I am directed by the House of Representatives

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to inform the Senate that they have passed the following bill, to-wit:

A bill to be entitled an act to appropriate money for obstructing the navigable streams of this State and to authorize His Excellency the Governor to expend the same, or so much thereof as may be necessary, and I am instructed to transmit the same forthwith to the Senate.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have adopted a resolution referring that portion of the Governor's message relating to cotton and provisions, to a joint committee, composed of the House and Senate committees, on Agriculture and Internal Improvements, in which they respectfully ask the concurrence of the Senate.

On motion of Mr. Lewis, the special order of the day was taken up, to-wit:

The joint resolutions relating to furnishing of clothing for Georgia troops.

Mr. Echols offered the following amendment which was accepted, to-wit: Insert after the word "article" in the first line of the third resolution the following words, to-wit: "made, raised, imported into, or," also strike out, in said third resolution, the words, "aforesaid purposes," and insert in lieu thereof the words, "comfort of our soldiers."

Mr. Hansell offered the following amendment:

Strike out the third line of the second resolution, and insert "for sole leather one dollar per pound, for upper leather one dollar and twenty-five cents per pound"; strike out of the second resolution, fifth line, the word "three" and insert in lieu thereof the word "four;" strike out of said second resolution, sixth and seventh lines, the words "two and one half" and insert in lieu thereof the word "three;" strike out of said second resolution, eighth line, the words "twenty-five" and insert in lieu thereof the word "thirty;" add after the word "dollars," ninth line of said second resolution, "and one half;" add after the word "twenty" tenth line of said second resolution, the word "five;" strike out of said second resolution, twelfth line, the words "two and one half" and insert in lieu thereof the word "three." Pending the consideration of the special order,

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

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

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On motion, the above stated message was taken up and read, as follows:

Executive Department,
Milledgeville, November 13th, 1862.

To the General Assembly:

I communicate herewith a copy of a letter received on yesterday from Col. Henry H. Floyd, commanding the militia of Camden county, informing me that on the fourth day of this month three companies of negroes were landed in St. Marys; who, after insulting the few ladies remaining there, and taking everything they could lay their hands upon, retired to their gun boats without the slightest molestation. On the same day all the Salt works in the county were destroyed except two which by this time have capacity to turn out twenty-five to thirty bushels per day. Unless protection is afforded, these must soon share the same fate. The people on the coast possess large numbers of cattle, hogs and other stock; the enemy leave their gun boats, kill and carry off stock without opposition. The Col. asks for an order to call out the militia for three or six months, and says he can muster about thirty to forty. Adjoining counties to the coast could add to the number enough to make a considerable force, who are well acquainted with all the localities and could on that account act more effectively against the enemy than the like number of men taken from any other part of the State. It cannot be denied that the State owes it to her citizens so long as she claims their allegiance, to afford them all the protection in her power.

The Constitution of this State having invested me for the time with the chief command of her militia, I should under ordinary circumstances have had no hesitation in issuing an order, calling out the whole militia of the county, and of the adjoining counties, if necessary, to protect our citizens and especially the women, against the outrages of invasion, robbery and insult by negroes.

Under the acts of the Confederate Congress and the late decision of our own Supreme Court, the authority to command the militia of the State, even for the protection of our mothers, our wives, our sisters and our daughters, against the brutality of our own slaves in a state of insurrection, seems to be denied to the Governor, as each man composing the militia of the State, except the officers is declared to be subject to the command of the President, without the consent of the Executive of the State. It follows therefore, that if the Governor should order out the militia in this pressing emergency, which admits of no delay, to protect those citizens of Georgia to whom no protection is afforded by the Confederacy, the President may countermand the order

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and compel each person so called out to leave the State and go to the remotest part of the Confederacy to protect those who are not citizens of this State. The State has reserved to herself the right under the Constitution to "engage in war" when "actually invaded," and to "keep troops" while she is invaded. That authority which has the right to take from her this power, without which no State can exist, has the power to destroy her.

I believe it is admitted however by high authority in this State, that the creature has no power to destroy the creator, the child no power to destroy the parent, and the parent no right to commit suicide. If this be true the Confederate Government which is admitted to be the creature of the States can certainly have no power to deny to the States, which are the creators, the use of their own militia to protect their own inhabitants against the invasions of the enemy and the unbridled savage cruelty of their slaves in actual insurrection; nor can that government as the child, destroy the parent by paralizing her right arm when raised to ward off a blow struck at her very vitals, nor indeed can the parent which is the State, commit suicide by surrendering the command of her entire militia when she is invaded and her people are left without other sufficient protection, nor by renouncing her obligation to protect her citizens and thereby forfeiting their allegiance.

Placed as I am in an embarrassing condition when helpless innocence calls upon the State for protection, and when the Constitution of this State and the Confederate States seem to point clearly to the path of duty upon the one hand, but when the acts of Congress and the decision of our own Supreme Court rendered under heavy outside pressure, and if not ex parte, under most peculiar circumstances, when the counsel on both sides who had brought the case before the Court agreed that in their individual opinions, the decision should be as it was made; I deem it my duty to submit the question to the General Assembly, who as a co-ordinate branch of the Government represent the sovereign people of the State, and to ask your advice and direction in the premises.

If you should hold that the Governor no longer has the right to command the militia of the State for the protection of her people, it only remains for me to inform the people of Camden, and the ladies of St. Marys, that while the State collects taxes and requires them to bear other public burdens, she withdraws her protection from them, and leaves them to the mercy of negro invaders who may insult and plunder them at pleasure. Should you hold on the contrary, that the Governor still has the command of the militia of the State, and that she has the right to use her own militia for the protection of our homes, I shall not

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hesitate to call them forth and hold them in service as long as the coast is invaded and our people are subject to the insult, robbery and merciless cruelty of the enemy.

JOSEPH E. BROWN.

Jeffersonton, Camden Co.
November 6th.

To His Excellency Gov. Brown:

SIR.--The day before yesterday three companies of negroes were landed in St. Marys, who after insulting the few ladies remaining there, and helping themselves to every thing they could lay their hands on, returned to their gun boats without the slightest molestion. On the same day all the Salt works in the county were destroyed with the exception of two; and unless suitable protection is afforded, these will share the same fate. By the time this reaches you they will turn out from twenty-five to thirty bushels per day, and if they are broken up will be of the greatest loss to this part of the country.

There are in Camden county two companies of Confederate Cavalry, but they are stationed so far from the coast that the Federals leave their gunboats, kill beaves and carry off stock without any opposition. The people about here possess large numbers of hogs, cattle &c., and the state of things is such that for the safety of their property they are necessarily compelled to move away. The troops stationed here not being able to procure provisions, will be obliged to leave and the consequence will be that the whole of this part of the country will fall into the hands of the enemy.

My object in addressing you is to procure from you an order to call out the militia for three or six months. I can muster about thirty or forty, and can readily subsist men and horses. With these men I can do more efficient service than both companies of Cavalry stationed here. Please oblige me by telegraphing to me at Waynesville at the earliest opportunity as I shall await your answer with great anxiety.

Most respectfully
Your obt. serv't.

HENRY H. FLOYD.

Mr. King offered the following resolution which was adopted and ordered to be transmitted forthwith to the House of Representatives, to-wit:

Resolved, That the Governor be and he is hereby authorized to call out such parts of the militia as he may think necessary to protect the citizens of Camden county and other counties on the coast similarly exposed, against the invasion being made by companies of negroes sent by the

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Abolitionists to make raids upon our citizens, and to continue there in service so long as the emergency may require.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they are now ready to receive them in their Hall, to hear the report of the President of the Georgia Relief and Hospital Association.

Whereupon on motion, the Senate repaired forthwith to the Hall of the House of Representatives, heard said report and returned to the Senate Chamber.

Mr. Dyer chairman of the Committee on Enrollment reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

An act to appropriate the sum of forty-five thousand dollars towards obstructing the Apalachicola, Chattahoochee and Flint rivers, and to appoint commissioners to receive and disburse the same.

Also, a resolution of thankfulness to Almighty God.

On motion, the Senate adjourned to 9 o'clock, A. M. tomorrow.

FRIDAY, NOVEMBER 14th, 1862.
9 O'CLOCK, A. M.

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

Mr. Dyer chairman of the Committee on Enrollment reported as duly enrolled and ready for the signature of the President of the Senate:

A resolution relative to the defenses at Savannah.

Mr. Alexander chairman of the Committee on the Penitentiary, made the following report, to-wit:

It appears from information derived from the books of the Penitentiary and from Mr. Windsor the book keeper, and from a letter which has fallen into the hands of your committee, written by a Mr. A. P. Bell, of Atlanta, that in the month of September last, the said Bell applied to the Georgia Penitentiary under an authority of Capt. Bacon who assigns his name as A. Q. M. C. S. A., to purchase a large quantity of shoes for the use of the Confederate army, that in consideration of the use for which the shoes were designed, the Penitentiary sold to said Bell about fifteen hundred pairs of shoes at the price of three dollars per pair. The

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shoes were shipped to Atlanta, which shoes your committee are informed would at that time command in the market at Atlanta from seven to eight dollars per pair. Your committee is also informed from authority deemed reliable that said shoes have never been applied to the use of the Confederate army as it was pretented that they should be, but on the contrary, have been sold on private account at the rate of from seven to eight dollars per pair. Your committee not being fully aware of their powers and duties in this matter have deemed it their duty to report the facts as they learn them, to the Senate, that the Senate may take such other and further action in the premises as their sense of propriety may indicate.

On motion, the Senate resumed the consideration of the special order of yesterday, to-wit:

The joint resolution relating to furnishing of clothing for Georgia troops.

On motion of Mr. Seward, said resolutions were taken up in their order.

Mr. Seward offered the following amendment to the first resolution to-wit:

Strike out all after the word "seize" in the fourth line to the word "and" in the sixth line, and insert in lieu thereof the following words, to-wit: "All and any manufactured articles of this State and also any article manufactured that he may think necessary."

Mr. Seward withdrew his amendment.

Mr. Killen offered the following amendment as a substitute for the whole of the second resolution, to-wit:

"That His Excellency is hereby authorized to pay to manufacturers and others having the articles contemplated in the provisions of these resolutions, a price not exceeding twenty-five per centum upon the actual cost of production including cost of transportation on transported or imported articles, including both manufactured articles and raw material to be manufactured."

This amendment was not agreed to.

The amendments offered by Mr. Hansell were not agreed to.

Mr. Vason offered the following amendment to the third resolution which was not agreed to, to-wit:

To come in after the word in the second line from the bottom in the third section the words, "at the time just compensation therefor" in lieu of the words in the bill.

Mr. Harris offered the following additional resolution as an amendment, which was accepted to-wit:

Resolved 4th, That the Governor of this State be and he is hereby authorized, if necessary, to extend the time of these resolutions for and during the year 1863, so as to secure

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clothing and shoes for our necessitous Georgia troops for said year.

Mr. Hansell offered the following amendment in the nature of a proviso, to-wit:

Resolved, That no seizures contemplated by these resolutions shall interfere with any contract now existing between the Confederate States government and the owners of such Factories, Tanneries or other owners of the articles designated in these resolutions.

This amendment was not agreed to.

On motion, the resolutions as amended were adopted and ordered to be transmitted forthwith to the House of Representatives.

On motion the Senate took up the bill from the House of Representatives.

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

Mr. President.--I am instructed by the House of Representatives to inform the Senate that they have passed the following bills, to-wit:

A bill to be entitled an act for the relief of Martha J. Bailey, of the county of Thomas.

Also, a bill to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spiritous liquors.

On motion, the Senate took up the bill from the House to be entitled an act for the relief of Martha J. Bailey of the county of Thomas.

This bill was read the first time.

On motion of Mr. Dyer, the rules were suspended to authorize the introduction of new matter to-day.

Mr. Boyd reported the following preamble and resolutions, which was read, to-wit:

Whereas, from the scarcity of provisions for the supply of our gallant army now in the field, and their families at home, as well as among the whole people of Georgia, and the unprecedented high prices which obtain thereby, rendering it wholly impracticable for a large portion of our population to obtain a competence of the prime necessaries of life to prevent hunger and much suffering, and being fully convinced of the indispensable necessity of producing the largest quantity of grain and meat the ensuing year, for the support of our army, so that we may prosecute the present war with energy and vigor to a speedy and successful termination, thereby securing to ourselves and posterity the blessings of civil and religious liberty.

Be it Resolved by the General Assembly of the State of Georgia, 1st, That we hereby respectfully request and earnestly recommend to the planters of Georgia, and of the Confederate

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States not to plant cotton the ensuing year only sufficient for home consumption as the production of a surplus of that valuable staple of the South would be highly impolitic (not to say unpatriotic) and invite aggression from the enemy and tend to protract this unnatural and iniquitous war against the rights of the Southern people, and the most sacred dictates of humanity.

2nd. That the committee of the Senate and House of Representatives on Confederate Relations and State of the Republic be constituted a joint committee to frame and report a bill for the discouragement of the production of a surplus of cotton in Georgia by taxation or otherwise.

3rd That a copy of this preamble and resolutions be furnished to the Governor of Georgia with the request that His Excellency do forward copies thereof to the President of the Confederate States, to our Senators and Representatives in Congress, and to each Governor of the Confederate States, to be submitted to Congress and the Legislatures of said Confederate States.

The following bills were reported and severally read the first time, to-wit:

Mr. J. R. Brown--A bill to be entitled an act to provide for appointing a Quartermaster for the State of Georgia, to locate and keep an office in the city of Richmond and State of Virginia, and for the relief of Georgia soldiers and the widows of deceased soldiers, and for other purposes.

Mr. Dyer--A bill to be entitled an act to provide for the election of commissioners of the town of Madison for the year 1863.

Mr. Furlow--A bill to be entitled an act to amend an act approved 23d Dec. 1836, relative to lapsed legacies.

Mr. Gordon--A bill to be entitled an act to incorporate the Traders' and Importers Bank at Augusta.

Also, a bill to be entitled an act to authorize William H. Farrell to hold and convey real estate in the State of Georgia.

Also, a bill to be entitled an act to amend an act entitled an act to incorporate the Savannah Gas Light Company and the Augusta Gas Light Company, approved December 14, 1849.

Also, a bill to be entitled an act to incorporate the Oglethorpe Insurance Company of Savannah.

Also, a bill to be entitled an act for the relief of the estate of Hon. Francis S. Bartow, late of Chatham county, deceased.

Also, a bill to be entitled an act for the relief of T. M. Winkler, of the county of Chatham.

Mr. Hansell--A bill to be entitled an act to incorporate the Augusta and Dahlonega Mining Company.

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Also, a bill to be entitled an act to incorporate the Chestatee River and Town Creek Gold Mining Company.

Mr. Jackson--A bill to be entitled an act to regulate and define the number of Deputy Sheriffs and Ordinaries in this State and define their eligibility.

Also, a bill to be entitled an act to point out and define the mode of assessing damages for backing or overflowing water on the lands of others, and for ditching and draining land and for other purposes therein mentioned.

Mr. Kendall--A resolution as follows:

Resolved by the Senate and House of Representatives of the State of Georgia, That His Excellency the Governor be and he is hereby authorized to have a suitable book prepared, in which shall be recorded the name, age, regiment and residence of every soldier, officer and private from this State, who has died, or may die in the service of the country during the present war.

Mr. Killen--A bill to be entitled an act to change and fix the time of holding the Superior and Inferior Courts of the county of Houston, and for other purposes.

Mr. Mitchell--A bill to be entitled an act to prevent the vending and selling of intoxicating or spirituous liquors within the corporate limits of the city of Rome, and within two miles of the corporate lines of said city.

Also, a bill to be entitled an act to authorize and require the Justices of the Inferior Court of the county of Floyd to assess a tax to aid in the support of soldiers' families in said county.

Also, a bill to be entitled an act to alter and amend the 2d section of the act 20th Dec. 1823, in relation to the government of slaves on plantations.

Mr. Pinckard--A bill to be entitled an act to authorize Berrien Pye to issue change bills in the county of Monroe upon certain conditions, restrictions and limitations.

Also, a bill to be entitled an act to authorize the Justices of the Inferior Courts for the several counties in this State to raise a company of mounted patrol for certain purposes.

Mr. Simmons--A bill to be entitled an act for the relief of Joseph Slate of Gilmer county.

Also, a bill to be entitled an act for the relief of William Scott and Joseph Farmer of Gilmer county, Georgia, as security.

Mr. Stephens--A bill to be entitled an act to change the line between the county of Jackson and Banks and for other purposes.

Also, a resolution as follows, to-wit:

Whereas, His Excellency the Governor has made an arrangement to furnish the indigent families of soldiers of this State with Salt, and whereas, a very large number of families are wholly unable without manifest inconvenience to

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pay the freight on said Salt from the Rail Road depot to the several county seats, for remedy, whereof

Resolved by the Senate and House of Representatives of the State of Georgia, That His Excellency the Governor be and he is hereby authorized and requested to pay the same out of any money in the Treasury not otherwise appropriated.

Mr. Vason--A bill to be entitled an act to make uniform the laws of this State for the compensation of Grand and Petit Jurors of this State, the collection of costs, and for other purposes, &c.

On motion, the following bill from the House of Representatives was taken up and read the first time, to-wit:

A bill to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors.

The rule being suspended, Mr. Gordon reported the following resolutions, which on motion was taken up, read and adopted.

Whereas drugged and poisoned liquor is the prime cause of the disorders so painfully prevalent in our garrisoned towns:

Resolved by the General Assembly, That without intending to endorse generally the policy of sumptuary laws we approve the action of the military authorities in suppressing entirely the traffic of liquor in the vicinity of military camps and garrisons.

Resolved, That His Excellency the Governor be requested to forward a copy of this resolution to the General commanding this military district.

The rule being suspended the Senate took up as the report of the committee of the whole, a bill to be entitled an act to add an additional section to the 3d division of the Penal Code.

Mr. Jackson moved to lay the bill on the table for the balance of the session, which motion was lost.

Mr. Mitchell moved to refer the bill to the Committee on the Judiciary, which motion was lost.

Mr. Mitchell offered the following amendment which was lost, to-wit:

Provided he shall come into the State of his own volition and for the purpose of furthering the objects, of the aforesaid proclamation of the said Abraham Lincoln.

The report was agreed to.

The bill was read the third time and passed.

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

Mr. President.--I am directed by the House of Representatives

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to inform the Senate that they have adopted a resolution, requesting the Governor to instruct the superintendent of the Western and Atlantic Rail Road, to furnish all the passenger cars in his power for the transportation of sick and wounded soldiers.

Also, a resolution declaring the sense of the General Assembly in relation to Iron, in which they respectfully ask the concurrence of the Senate, and I am directed to transmit the same forthwith to the Senate.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have passed the following bill, to-wit:

A bill to be entitled an act for the relief of the heirs and creditors of Charles W. West, deceased, and I am instructed to transmit the same forthwith to the Senate.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have passed the following bill, to-wit:

A bill to be entitled an act for the relief of the minor children of Sophia and William McBride of Haralson county, and I am instructed to transmit the same forthwith to the Senate.

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

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

On motion, the said communication was taken up and read as follows, to-wit:

Executive Department,
Milledgeville, November 12th, 1862.

To the General Assembly:

The Constitution of this State provides that the Governor 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. The Constitution also declares that the General Assembly shall have power to pardon or commute in cases of final conviction for murder.

The evidence in the case of James R. Wilson who was

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convicted upon an indictment for murder in the Superior Court of Fulton county, and sentenced to be hung on the sixth day of June last, was laid before me and maturely considered; and as I was satisfied that the case made a clear and strong case of manslaughter but not of murder. I respited the execution until Friday the fifth day of December next.

While I do not think the defendant should be pardoned, I now report the case to the General Assembly as required by the Constitution, with a copy of the evidence, and respectfully recommend that the punishment be commuted to imprisonment in the Penitentiary of this State, for the natural life of the defendant.

JOSEPH E. BROWN.

On motion, leave of absence was granted to the Messenger of the Senate, and to Mr. Harris for a few days.

On motion, the Senate adjourned to 10 o'clock, A. M. to-morrow.

SATURDAY, NOVEMBER 15TH, 1862.
10 O'CLOCK, A. M.

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

Mr. Mitchell gave notice that he would move to reconsider so much of the Journal of yesterday as relates to the passage of a bill to add an additional section to the Penal Code.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate, that they have passed the following bill, to-wit:

A bill to be entitled an act repealing so much of an act as was passed in the year 1850, adding lot of land No. 6 to Talbot county.

They have also concurred in a resolution of the Senate, authorizing the Governor to appoint a commissioner to audit claims for guns furnished for State defense.

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

Mr. President:--The House of Representatives have concurred in the amendment of the Senate to the House resolution to bring on the election of Confederate States Senator.

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The rule being suspended, Mr. Alexander offered the following resolution, which was taken up, read and adopted, to-wit:

Resolved by the Senate and House of Representatives, That a committee of five be appointed, two from the Senate and three from the House, for the purpose of investigating the frauds suggested by a special report of the Committee on the Penitentiary, on the subject of the purchase and sale of of a lot of shoes by A. P. Bell from the Penitentiary, and that said committee be invested with full power and authority to send for persons and papers, and if necessary, in their judgment, that they repair to Atlanta or other place, for the purpose of making such investigation; and that they have power to compel the appearance of witnesses at such time or times and places as they may select, and that said committee report to the General Assembly on the subject during the present session of the same, if practicable.

The president appointed as said committee on the part of the Senate, Messrs. Alexander and Mitchell.

The Senate proceeded to a call of the roll for the introduction of new matter, whereupon Mr. Gordon, as chairman of the Committee on Banks, made the following report:

The Committee on Banks, to whom was referred a bill to be entitled an act supplementary to an act entitled an act to incorporate the Planters' Insurance, Trust and Loan Company, and to confer certain powers and privileges thereon, approved Dec. 12, 1861, have had the same under consideration, and report a substitute, which they recommend do pass

They have also had under consideration a bill to be entitled an act to alter and amend an act entitled an act to incorporate the Cotton Planters' Bank of Georgia, and to confer certain powers and privileges on said corporation, and report the bill back with certain amendments, and recommend that the bill as amended do pass.

Amendment--Insert after the words "paid in," in 8th line 1st section, the words "in cash or Confederate or State bonds." Add the following section:

Be it further enacted, That the property of each stockholder shall be bound for the ultimate redemption of the bills of said bank in proportion to the amount of stock held by such stockholder, and no transfer of stock shall relieve the stockholder from his liability as aforesaid, until six months after the transfer of his said stock.

The following bills were reported and severally read the first time:

Mr. Killen--A bill to be entitled an act to incorporate a bank in the city of Savannah, or in any other place that

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the convention or commissioners may select, to be called the Bank of the Confederacy.

Mr. Seward, chairman of the Judiciary Committee, made the following report:

A bill to be entitled an act to provide for the public safety; having had the same under consideration, recommend it do pass.

Also, a bill to be entitled an act to enlarge and define the duties of the Sheriffs of this State in certain cases, and to prevent the fraudulent purchasing of quartermasters' and commissary stores, and for other purposes; recommend a substitute in lieu of the original bill be passed.

Mr. Seward--A bill to be entitled an act to regulate the admission of testimony in certain cases therein specified.

Mr. Vason--A bill to be entitled an act to authorize free persons of color to go into slavery, and to provide for the removal of such as refuse to do so, and for other purposes.

Also, an act to change the county lines between Worth and Dougherty, so as to include the plantation of R. K. Hines in the county of Dougherty.

Mr. Hansell offered the following resolution, which, on motion, was taken up, read and adopted, and ordered to be transmitted forthwith to the House:

Resolved by the General Assembly of Georgia, That a joint committee of the two houses, consisting of two members of the Senate and three of the House of Representatives, be appointed to inquire into the facts and circumstances of the daring attempt of the Abolitionists, on the 12th day of April last, to burn the bridges on the Western & Atlantic Railroad, with instructions to report such bill or resolution in regard thereto as in their judement may be deemed appropriate.

Whereupon the President appointed on said committee on the part of the Senate, Messrs. Hansell and Jackson.

Mr. Swearingen offered the following resolution, to-wit

Resolved, If the House concur, that the General Assembly of Georgia will, on Tuesday next, immediately after the election of Confederate States Senator, proceed to the election of a State Printer.

A motion to take up this resolution was not agreed to.

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

Mr. President:--The Governor has approved and signed the resolution relative to the defenses at Savannah.

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

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Mr. President:--The House of Representatives have adopted a resolution to bring on the election of State Printer and Director of the State Bank on Tuesday next, in which they respectfully ask the concurrence of the Senate, and I am directed to transmit the same to the Senate forthwith.

Mr. Mitchell, according to previous notice, moved to reconsider so much of the Journal of the Senate of yesterday as relates to the passage of a bill to add an additional section to the 3d division of the Penal Code.

This motion was not agreed to.

The Senate took up as the report of the committee of the whole, a bill to be entitled an act to prevent certain persons therein described from becoming citizens of the State of Georgia.

This bill had been referred to the Committee on Confederate Relations, and reported upon adversely to its passage.

On motion of Mr. Killen, this bill was referred to a special committee, with instructions to report upon the subject matter thereof by bill or resolution.

The President appointed as such special committee, Messrs. Killen, Lane, Furlow, Anthony and Gordon.

The Senate took up as the report of the committee of the whole, a bill to grant relief to the people of Georgia.

Mr. Hansell offered the following amendment, which was agreed to, to-wit:

After the words "tax fi fa" in the first proviso in the 4th section of said act, insert the words "or fi fa for a fine or penalty under the road or militia laws of this State."

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

The Senate took up as the report of the committee of the whole, a bill to amend the charter of the Confederate Fire, Marine and Life Insurance Company of Atlanta, Georgia.

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

The Senate took up as the report of the committee of the whole, a bill for the relief from taxation of certain citizens of this State.

The report was agreed to.

On motion of Mr. Gordon, this bill was recommitted to the committee of the whole.

Mr. Gordon offered the following amendment, to-wit:

And the provisions of the said bill shall include the citizens of the counties of Chatham and Bryan in like position.

On motion of Mr. Gordon, this bill was referred to the Committee on the Judiciary.

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The rules being suspended, the Senate took up as the report of the committee of the whole, a bill to provide for the public safety.

This bill had been referred to the Committee on the Judiciary, who reported the same back to the Senate with the recommendation that it do pass.

Mr. Shewmake offered the following amendment, which was adopted, to-wit:

Add to the second section "Provided, said white man shall not be subject to the conscript law."

Mr. Furlow offered the following amendment, which was accepted, to-wit:

After the words "slave labor," in 19th line 1st section, insert the words "than one-fifth of their entire male force between the ages of eighteen and fifty, at any one time, and."

Mr. Killen offered the following amendment, to-wit:

Provided, that the slaves which may be impressed under the provisions of this act, or any of them, shall not under any authority whatever be subject to private individuals or companies, to whom shall be paid a greater price for the labor than that paid to the owners.

To which amendment Mr. Echols offered the following amendment:

Provided, the owners of said impressed slaves may have the privilege of paying their proportionable portion of labor in Confederate or treasury notes.

This amendment to the amendment was not agreed to The original amendment was not agreed to.

Mr. Furlow offered the following amendment, which was accepted, to-wit:

After the word "Governor" in the last line of the first section, the words "or of any General in command."

Mr. Dyer offered the following amendment:

Provided, that the impressment provided for in this bill shall commence with the county of Chatham and the adjoining counties.

Mr. Gordon stated that neither individually nor as the representative of Chatham, had he any objection to this amendment, but as it contained the unjust imputation upon Chatham and the adjoining counties of remissness on their part in this vital matter, he hoped the Senator would withdraw it.

Whereupon Mr. Dyer withdrew the amendment, disclaiming any intention to cast reflections.

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

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Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and ready for the signature of the President of the Senate--

A resolution authorizing the Governor to appoint a commissioner or commissioners to audit claims for guns furnished for State defense.

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

MONDAY, NOVEMBER, 17TH, 1862.
10 O'CLOCK, A. M.

The Senate met according to adjournment, and was opened with prayer by the Reverend Mr. Echols.

Mr. Echols moved to reconsider so much of the Journal of Saturday as relates to the passage of the bill to provide for the public safety.

Upon the question, Shall the motion to reconsider be agreed to? the yeas and nays were recorded, and were yeas 23; nays 16.

Those who voted in affirmative were Messrs.

Alexander, Anthony, Beasley, Benson, Boyd, Dyer, Echols, Gaston, Gibson, Griffin, Harris, Hill, James Hilliard, Jamison, Kendall, Lane, Mitchell, Shewmake, Simmons, Stafford, Stephens, Ware, Wright.

Those who voted in the negative were Messrs.

Bothwell, Wm. M. Brown, James R. Brown, Fort, Furlow, Gordon, Thos. Hilliard, Jackson, Killen, King, McRae, Mosely, Pinckard, Seward, Swearingen, Vason.

Yeas 23; nays 16. And so the motion to reconsider prevailed.

Mr. Gordon moved to suspend the rules in order to take up the bill embraced in the motion to reconsider, which was agreed to by two-thirds of the members present and voting.

Mr. Seward made a motion to take up the bill by sections, which motion was agreed to.

The first section being taken up was, on motion, adopted.

The second section being taken up was, on motion, adopted.

The third section being taken up, Mr. Echols moved to amend the bill by striking out the whole section.

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Mr. Mitchell offered the following amendment as a substitute for the amendment offered by Mr. Echols, to-wit:

That the Governor shall have power to enforce the provisions of this act by a competent military force, should the same be resisted, or cannot be carried out without such force.

Which motion was not agreed to.

Mr. Echols withdrew his amendment.

The fourth section being called up, was adopted.

The fifth section being called up, Mr. Swearingen offered the following additional section as an amendment thereto, to-wit:

And be it further enacted, That when said slaves are so impressed, they shall be employed on such works in obstructing rivers and building fortifications and defenses as may be determined upon by the Confederate military authorities, and under the immediate supervision and direction of said authorities.

Mr. Vason offered the following amendment to the amendment offered by Mr. Swearingen, to-wit:

And such as may be ordered to be done under the order of the commander-in-chief of the State of Georgia.

Mr. Hansell offered the following as a substitute for the amendment offered by Mr. Swearingen, to-wit:

That the Governor shall tender said slaves so impressed to the Confederate Government, but their non-acceptance shall not defeat the object of this bill.

This amendment was not agreed to.

Upon the question of agreeing to the amendment offered by Mr. Vason, as an amendment to the amendment offered by Mr. Swearingen, the yeas and nays were recorded, and were yeas 25; nays 15.

Those who voted in the affirmative were Messrs.

Beasley, Benson, Bothwell, Wm. M. Brown, James R. Brown, Fort, Furlow, Gordon, Griffin, Hansell, Harris, Jas. Hilliard, Thos. Hilliard, Jackson, Kendall, Killen, King, McRae, Mitchell, Mosely, Seward, Simmons, Smith, Stafford, Stephens, Vason, Wright.

Those who voted in the negative were Messrs.

Alexander, Anthony, Boyd, Dyer, Echols, Gaston, Gibson, Hill, Jamison, Lane, Lewis, Pinckard, Shewmake, Swearingen, Ware.

Yeas 25; nays 15. So the amendment was agreed to.

The amendment offered by Mr. Swearingen was not agreed to.

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Mr. Echols offered the following amendment, which was accepted:

Sec. 6. And be it further enacted, That the impressment authorized by this act shall commence in the immediate vicinity of the work to be done, and the counties adjacent thereto.

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

On motion of Mr. Gordon, so much of the message from the House of Representatives of Saturday last as relates to a resolution to bring on certain elections was taken up.

Mr. Mosely moved to amend said resolution by striking out the words "Public Printer."

Upon the question of agreeing to which motion, the yeas and nays were recorded, and were yeas 16; nays 21.

Those who voted in the affirmative were Messrs.

Boyd, Wm. M. Brown, Furlow, Gibson, Harris, Hill, James Hilliard, Kendall, Killen, Lane, Mitchell, Mosely, Pinckard, Simmons, Smith, Ware.

Those who voted in the negative were Messrs.

Beasley, Benson, Bothwell, James R. Brown, Dyer, Echols, Fort, Gaston, Gordon, Griffin, Hansell, Thos. Hilliard, Jackson, Lewis, Seward, Shewmake, Stafford, Stephens, Swearingen, Vason, Wright.

Yeas 16; nays 21. And so the motion was not agreed to.

On the question of concurring in said resolution, the yeas and nays were recorded, and were yeas 19; nays 21.

Those who voted in the affirmative were Messrs.

Beasley, Benson, Bothwell, James R. Brown, Dyer, Echols, Fort, Gaston, Gordon, Griffin, Hansell, Jackson, Seward, Shewmake, Stafford, Stephens, Swearingen, Vason, Wright.

Those who voted in the negative were Messrs.

Boyd, Wm. M. Brown, Furlow, Gibson, Harris, Hill, Jas. Hilliard, Thos. Hillard, Jamison, Kendall, Killen, King, Lane, Lewis, McRae, Mitchell, Mosely, Pinckard, Simmons, Smith, Ware.

Yeas 19; nays 21. And the motion was not agreed to.

The rule being suspended, Mr. Wm. M. Brown reported the following bill, which was read the first time, to-wit:

A bill to be entitled an act to incorporate the Southern Express Company.

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The rule being suspended, the following bill from the House was taken up and read the second time, and referred to the Judiciary Committee, to-wit:

A bill to be entitled an act to prevent the unnecessaay consumption of grain by distillers and manufacturers of spirituous liquors.

Leave of absence was granted to Mr. King for a few days.

The rule being suspended, the Senate took up as the report of the committee of the whole, a bill to be entitled an act amendatory to an act incorporating the Planters' Insurance, Trust and Loan Company, and for conferring certain privileges on the same.

The Committee on Banks, to whom this bill was referred, reported the same back to the Senate with a substitute, which they recommend do pass in lieu of the original bill.

On motion said substitute was adopted.

The report was agreed to.

Upon the question, Shall this bill pass? the yeas and nays were recorded, and were yeas 24; nays 14.

Those who voted in the affirmative were Messrs.

Benson, Bothwell, Wm. M. Brown, Echols, Fort, Furlow, Gaston, Gibson, Gordon, Griffin, Hansell, Harris, Hill, Jackson, Jamison, Killen, King, Lewis, Mitchell, Pinckard, Seward, Shewmake, Simmons, Swearingen, Vason.

Those who voted in the negative were Messrs.

Alexander, Beasley, Boyd, James R. Brown, Dyer, Jas. Hilliard, Thos. Hilliard, Lane, McRae, Mosely, Smith, Stephens, Ware, Wright.

Yeas 24; nays 14. Not getting a constitutional majority, was lost.

On motion, the Senate adjourned to 9 o'clock A. M., tomorrow.

TUESDAY, NOVEMBER 18th, 1862.
9 O'CLOCK, A. M.

The Senate met according to adjournment.

Mr. Jackson moved to reconsider so much of the Journal of yesterday as relates to the rejection of a bill to be entitled an act supplementary to an act to incorporate the Planters' Insurance, Trust and Loan Company, and to confer certain powers and privileges thereon.

This motion was agreed to.

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The roll was called for the introduction of new business.

The following bills were reported and severally read the first time.

Mr. Bothwell--A bill to be entitled an act to allow the Tax Receiver and Collector of Dooly county until 20th February, 1863, to settle with State Treasurer, instead of 20th December, 1862, and for other purposes.

Mr. Gordon--A bill to be entitled an act to settle the conflicts between the Code of Georgia and the legislation of the General Assembly.

Also, a bill to be entitled an act to amend an act entitled an act to amend the several acts of the General Assembly relating to the Savannah and Albany Railroad Company, &c.

Mr. Hansell--By the General Assembly resolved, That in view of the existence of small pox in various sections of our State, and the obvious duty of guarding our people as far as possible against the spread of this dangerous and loathsome disease, a joint committee of five members be appointed--two from the Senate and three from the House of Representatives--to consider and report upon the propriety of the adoption of means for the general vaccination of the people of this State.

Mr. Jackson--An act to be entitled an act for the relief of the Cherokee Insurance Banking Company.

Mr. Mitchell--An act to be entitled an act to increase Jailors' fees in this State.

Also, a bill to be entitled an act to carry into effect the 6th section of the second article of the Constitution of the State of Georgia.

Also, the following resolution, to-wit:

Whereas, the 1st of January, 1863, the time specified in the infamous proclamation of Abraham Lincoln, is near at hand, at which time, as a last resort, it is intimated by the Abolition Government to spread broadcast the elements of insurrection, incendiarism and murder throughout the length and breadth of the Southern Confederacy; and in all such contemplated emergencies timely preparation is the parent of safety:

Therefore be it resolved by the Senate and House of Representatives, That the committees of the Senate and House of Representatives on the State of the Confederacy, be a joint committee for the purpose of inquiring into the propriety of reporting a bill to organize a Home Guard of mounted rangers in each county of this State, consisting of not less than ten nor more than twenty-five, or other number, in each county, as necessity may require, for the purpose of guarding against and suppressing any and all insurrectionary

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movements that may exist; and that such squads or companies be armed and mustered into the service of the State for three months or other proper time, and embodied into battalions or regiments, as the Commander-in-Chief may direct, so as to form the most efficient organization, and that said joint committee report by bill or otherwise, at the earliest day practicable.

Mr. Ware--A resolution, to-wit:

Resolved, The Senate meet at half-past nine A. M., and adjourn at half-past one, and meet at three in the evening.

Mr. Boyd--A bill to be entitled an act to incorporate the Dahlonega Gold Company.

Mr. Echols--A bill to be entitled an act to legalize the acts of the Court of Ordinary of Oglethorpe county.

The rule being suspended, the following bills were taken up and severally read the second time:

A bill to be entitled an act for the relief of soldiers' families and widows of deceased soldiers of this State, and to set apart the proceeds of the Western and Atlantic Railroad for that purpose.

This bill was made the special order for to-morrow.

From the House--A bill to be entitled an act for the relief of Martha J. Bailey, of the county of Thomas.

The rule being suspended, the Senate took up as the report of the committee of the whole:

A bill to be entitled an act to enlarge and define the duties of the Sheriffs and their Deputies, of the several counties of this State, in certain cases.

The Judiciary Committee, to whom this bill had been referred, reported the same back to the Senate with an amendment in the nature of a substitute, with the same title, and recommend that the same as amended do pass.

The substitute was adopted in lieu of the original bill.

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

On motion, the Senate took up the joint resolution relative to the prevention of the spread of the small pox, &c., which was read, adopted, and ordered to be transmitted forthwith to the House.

The President appointed on the committee contemplated by said resolution, on the part of the Senate, Messrs. Hansell and Beasley.

The following message was received from the House of Representatives, through their Clerk:

Mr. President:--The House of Representatives has passed the following Senate resolution, with an amendment, to-wit:

A resolution for investigating the frauds suggested by

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the report of the Committee on the Penitentiary, on the subject of the purchase of a lot of shoes by A. P. Bell, in which they ask the concurrence of the Senate.

On motion, the foregoing message was taken up.

The amendment of the House of the resolution mentioned, striking out the words "if practicable," was concurred in.

The other amendment, enlarging the powers of the committee, was not concurred in.

On motion, the said resolution was ordered to be transmitted forthwith to the House.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate, a resolution:

Resolved, by the Senate and House of Representatives, That the General Assembly convene in the Representative Hall on Tuesday the 18th instant, at 11 o'clock A. M., for the purpose of electing a Senator to the Senate of the Confederate States, from the State of Georgia.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to enforce the payment of taxes due by free persons of color.

The Committee on the Judiciary, to whom this bill had been referred, reported the same back to the Senate with the recommendation that the same do pass.

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

The rule being suspended, the Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief from taxation of certain citizens of this State.

The Judiciary Committee, to whom this bill had been referred, reported the same back to the Senate with the recommendation that it do not pass.

The report was agreed to and the bill was lost.

Mr. Seward, chairman of the Judiciary Committee, made the following report:

A bill to be entitled an act to enforce the payment of taxes due by free persons of color.

Having had the same under consideration, recommend it do pass.

Also, a bill to be entitled an act for the relief from taxation of certain citizens of this State. Recommend the same do not pass.

Also, a resolution to authorize the Governor to seize salt. Recommend it do not pass.

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The rule being suspended, the Senate took up the resolution authorizing the Governor to seize salt.

The Judiciary Committee, to whom this resolution was referred, reported the same back to the Senate with the recommendation that said resolution do not pass.

On motion, this resolution was re-committed to the Committee on the Judiciary.

On motion, Mr. Swearingen was added to the Committee on the Institute for the Blind.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to change the line between the counties of Paulding and Haralson, and to add a portion of the county of Paulding to the county of Haralson, and for other purposes.

Mr. Stafford offered the following amendment, which was agreed to:

Add to the caption, "and between the counties of Early and Clay."

Sec. 2. And be it further enacted by the authority aforesaid, That the line between the counties of Early and Clay be so changed as to include lots of land number two hundred and fifty-four, two hundred and fifty-five, and two hundred and sixty-six, in the fifth district of originally Early in the county of Early.

The report as amended was agreed to.

The bill was read the third time and passed.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of John Bellinger, administrator of W. S. Dobbs.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to release and fully discharge Archibald Wimpy, of the county of Lumpkin, as co-executor from the trust reposed by the last will and testament of B. M. Smith, late of said county, deceased.

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

The rule being suspended, the following bills were reported and severally read the first time:

Mr. Pinckard--A bill to be entitled an act to authorize grants to be issued to John B. Callahan, of Bibb county, for islands number seventy-nine, eighty-eight, eighty-nine, ninety-two, ninety-three, ninety-four, and ninety-six, lying in the Ocmulgee river below the city of Macon.

Mr. Vason--An act to amend an act entitled an act to

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require the Justices of the Inferior Court of this State, while sitting as a Court of Ordinary, to declare an intestacy in certain cases, approved 19th December, 1834.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to alter and amend an act to incorporate the Cotton Planters' Bank of Georgia, and to confer certain powers and privileges on said corporation.

The Committee on Banks, to whom this bill was referred, reported the same back to the Senate with amendments, and recommended that the same as amended do pass.

The report was agreed to.

Upon the question, Shall this bill pass? the yeas and nays were recorded, and were yeas 33, nays 1.

Those who voted in the affirmative were Messrs.

Anthony, Beasley, Benson, Boyd, Wm. M. Brown. Jas. R. Brown, Fort, Furlow, Gaston, Gordon, Griffin, Hansell, Harris, Hill, James Hilliard, Thomas Hilliard, Jackson, Killen, King, Lewis, McRae, Mitchell, Mosely, Pinckard, Seward, Shewmake, Simmons, Smith, Stafford, Stephens, Swearingen, Vason, Wright.

Mr. Gibson voted in the negative.

Yeas 33; nays 1.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate that they are now ready to receive them in their Hall, to proceed to a certain election ordered by both branches of the General Assembly for 11 o'clock A. M., this day.

On motion, the Senate repaired to the Hall of the House, and conformably to law the two Houses proceeded to the election of a Senator to the Confederate Congress to fill an unexpired term.

FIRST BALLOT FOR CONFEDERATE STATES SENATOR.

On the first ballot, those who voted for Mr. Johnson are Messrs.

Anthony, Benson, Bothwell, Fort, Furlow, Gordon, Griffin, Hansell, Harris, Kendall, King, McRae, Pinckard, Seward, Shewmake, Smith, Wright.

Those who voted for Mr. Jackson are Messrs.

Alexander, Beasley, Billups, Boyd, Wm. M. Brown, Lane, Lewis, Mosely, Simmons, Stephens.

Page 112

Those who voted for Mr. Toombs are Messrs.

James R. Brown, Echols, Hill, James Hilliard, Jackson, Swearingen, Ware.

Those who voted for Mr. Jenkins are Messrs.

Dyer, Gibson, Thomas Hilliard.

Those who voted for Mr. Iverson are Messrs.

Gaston, Killen.

Those who voted for Mr. Howell Cobb are Messrs.

Stafford, Vason.

For Mr. Lewis--Jamison.

For Mr. Dougherty--Mitchell.

On the first voting, on counting out the votes of the Senate and House of Representatives, the ballot stands for

Hon. James Jackson 59 votes.

Hon. Herschel V. Johnson 84 votes.

Gen. Robert Toombs 24 votes.

Hon. Charles J. Jenkins 9 votes.

Hon. Howell Cobb 6 votes.

Hon. Alfred Iverson 3 votes.

Hon. John W. Lewis 7 votes.

Hon. Wm, Dougherty 1 vote.

Hon. H. V. M. Miller 2 votes.

Hon. A. R. Wright 1 vote.

Hon. J. E. Brown 1 vote.

Hon. A. H. Chappell 1 vote.

200 votes.

Necessary to a choice, 101. No election.

SECOND BALLOT FOR CONFEDERATE STATES SENATOR.

Those who voted for Mr. Johnson are Messrs.

Anthony, Benson, Fort, Gordon, Griffin, Hansell, Harris, James Hilliard, Thomas Hilliard, Kendall, Killen, King, McRae, Pinckard, Seward, Shewmake, Smith, Stafford, Swearingen, Ware, Wright.

Those who voted for Mr. Jackson are Messrs.

Alexander, Beasley, Boyd, Wm. M. Brown, Gaston, Jackson, Mosely.

Those who voted for Mr. Dougherty are Messrs.

Billups, Bothwell, Dyer, Furlow, Jamison, Lane, Lewis, Mitchell, Simmons, Stephens.

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Those who voted for Mr. Toombs are Messrs.

James R. Brown, Echols, Hill, Vason.

On the second ballot the vote of both Houses stood for

Johnson 111 votes.

Jackson 40 votes.

Toombs 14 votes.

Lewis 1 vote.

Dougherty, 24 votes.

H. Cobb 1 vote.

T. R. R. Cobb, 1 vote.

H. V. M. Miller 2 votes.

Jenkins 2 votes.

Iverson 1 vote.

197

Necessary to a choice, 99. H. V. Johnson having received a majority of all the votes, was declared duly elected.

After the election the Senate repaired to Senate chamber.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Georgia Eclectic Medical College, to be located in the city of Atlanta, Georgia.

The report of the committee was disagreed to, and the bill was lost.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize and require the Ordinaries of the several counties of the State to pay over the educational fund due said counties to the Justices of the Inferior Court of the different counties of said State, and for other purposes.

Mr. Dyer offered an amendment in the nature of a substitute, the caption being as follows, to-wit:

An act to authorize and require the Ordinaries of the several counties of the State to pay over the educational fund to the relief committee of the different counties, &c.

Mr. Seward offered the following amendment, which was not agreed to, to-wit:

In caption, in second line, the words "except the county of Thomas;" and in the third line of the first section, after the words county "except Thomas."

Mr. Brown offered the following amendment, which was accepted, to-wit:

After the words "unexpended balance," the words "at the end of each year."

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Mr. Pinckard offered the following amendment, which was accepted, to-wit:

After the word "relief," in the tenth line of the first section, the words "or military."

On motion, this bill was referred to the Committee on Education and Free Schools.

The rule being suspended, the resolution from the House making the Committee on Agriculture and Internal Improvements a joint committee, was taken up, read and concurred in.

The following bills were taken up and severally read the second time.

A bill to be entitled an act to provide for appointing a Quartermaster for the State of Georgia, to be located and keep an office in the city of Richmond and State of Virginia, and for the relief of Georgia soldiers and the widows of deceased soldiers, and for other purposes.

This bill was referred to the Judiciary Committee.

A bill to be entitled an act to provide for the election of commissioners for the town of Madison for the year 1863.

A bill to be entitled an act to amend an act approved 23d December, 1836, relative to lapsed legacies.

This bill was referred to the Judiciary Committee.

A bill to be entitled an act for the relief of Z. M. Winkler, of the county of Chatham.

A bill to be entitled an act for the relief of the estate of Hon. Francis S. Bartow, late of Chatham county, deceased.

A bill to be entitled an act to regulate the admission of testimony in certain cases therein specified.

This bill was referred to the Judiciary Committee.

A bill to be entitled an act to incorporate the Augusta and Dahlonega Mining Company.

A bill to be entitled an act to incorporate the Traders' and Importers' Bank at Augusta.

A bill to be entitled an act to amend an act entitled an act to incorporate the Savannah Gas Light Company, and the Augusta Gas Light Company, approved December 14, 1849.

A bill to be entitled an act to regulate and define the number of Deputy Sheriffs and Ordinaries in this State, and define their eligibility.

A bill to be entitled an act to authorize and require the Justices of the Inferior Court of the county of Floyd to assess a tax to aid in the support of soldiers' families in said county.

A bill to be entitled an act to incorporate the Chestatee River and Town Creek Gold Mining Company.

A bill to be entitled an act to change the county lines between Worth and Dougherty, so as to include the plantation of R. K. Hines in the county of Dougherty.

Page 115

A bill to be entitled an act to incorporate a Bank in the city of Savannah, or in any other place that the convention or commissioners may select, to be called the Bank of the Confederacy.

A bill to be entitled an act for the relief of Joseph Slate, of Gilmer county, Georgia.

A bill to be entitled an act to incorporate the Oglethorpe Insurance Company of Savannah.

A bill to be entitled an act to authorize Benier Pye to issue change bills in the county of Monroe upon certain conditions, restrictions and limitations.

A bill to be entitled an act to alter and amend the 2d section of the act of 20th December, 1823, in relation to the government of slaves on plantations.

A bill to be entitled an act to change and fix the time of holding the Superior and Inferior Courts of the county of Houston, and for other purposes.

A bill to be entitled an act to point out and regulate the mode of assessing damages for backing or overflowing water on the lands of others, and for ditching and draining lands, and for other purposes therein mentioned.

A bill to authorize William H. Farrell to hold and convey real estate in the State of Georgia.

A bill to be entitled an act to change the line between the counties of Jackson and Banks, and for other purposes.

A bill to incorporate the Southern Express Company. Referred to the Committee on Banks.

A bill to be entitled an act to authorize free persons of color to go into slavery, and to provide for the removal of such as refuse to do so, and for other purposes.

A bill to be entitled an act to prevent the vending and selling of intoxicating or spirituous liquors in the corporate limits of the city of Rome, and within two miles of the corporate lines of said city.

A bill for the relief of Wm. Scott and John Farmer, of Gilmer county, Georgia, as securities.

A bill to make uniform the laws of this State for the compensation of grand and petit jurors of the State, the collection of costs, and for other purposes.

A bill to be entitled an act to authorize the Justices of the Inferior Court of the several counties in this State, to raise a company of mounted patrol for certain purposes.

On motion, leave of absence, after Thursday next, was granted to Mr. James Hilliard.

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

Page 116

WEDNESDAY, NOVEMBER 19th, 1862.
10 O'CLOCK, A. M.

The Senate met according to adjournment and was opened with prayer by the Rev. Mr. Mosely.

The Senate took up as the report of the committee of the whole the special order to-wit:

A bill to be entitled an act for the relief of soldiers families and widows of deceased soldiers of this State, and set apart the proceeds of the Western and Atlantic Rail Road for that purpose.

Mr. Mitchell offered the following amendment to-wit:

Sec. And be it further enacted, that a bounty of fifty dollars shall be paid to every young or unmarried man whether taxable or not, whose taxable property does not exceed five hundred dollars who now are, have been or may be in the service of the State or Confederate States, whose term of enlistment was, or is, or may be for three years or during the war, which shall be paid by the agent aforesaid.

Mr. Jackson offered the following as a substitute for the amendment offered by Mr. Mitchell, to-wit:

That the sum of one hundred dollars be paid to any unmarried woman or widow who has a son in the service that is under twenty-one years of age, whose mother's taxable property does not exceed one thousand dollars when last given in.

Mr. Seward moved to refer this bill to the Committee on Finance, which was agreed to.

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

Mr. President.--I am directed by the House of Representatives to inform the Senate that they have receded from their second amendment to the Senate resolution, for investigating the frauds suggested by the report of the Committee on the Penitentiary, and the subject of the purchase of a lot of shoes by A. P. Bell.

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

Mr. President.--The House of Representatives have concurred in the resolution of the Senate, authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service, with certain amendments, in which they ask the concurrence of the Senate, and I instructed to notify the Senate of their action forthwith.

The House of Representatives have also concurred in the joint resolution of the Senate, to adopt means for the general vaccination of the people of this State, and have appointed as a committee on the part of the House to act with

Page 117

the Senate committee Messrs. Cochran, of Wilkinson, Mulkey and Martin.

The rule being suspended, on motion, the Senate proceeded to consider amendments of the House to Senate resolutions authorizing the Governor to make certain seizures on the happening of certain contingencies.

The Senate refused to concur in the first amendment, which was in these words to-wit:

Amend the first resolution by adding thereto, "paying just compensation therefor, Provided, That he seize no factory now in the possession of the Confederate government, and Provided further, That he interfere with no bona fide contract or contracts which have been, or may hereafter be made with the Confederate Government or its authorized agents for any of said articles.

The Senate refused to concur in the second amendment, which was to strike out the second resolution.

The Senate concurred in the third amendment, which was as follows, to-wit:

In the third resolution strike out "such price as in his judgment may be equitable and just" and insert "just compensation therefor."

The Senate concurred in the fourth amendment, which was as follows, to "add an additional resolution," to-wit:

Resolved, That in the event the Governor seizing any factories, tanneries and shoe shops, that he be authorized to employ operatives to work therein and pay them just compensation for their services.

Ordered that the action of the Senate on said amendments be forthwith transmitted to the House.

The rule being suspended the Senate took up as the report of the committee of the whole, a bill from the House to be entitled an act for the relief of Martha J. Bailey, of the county of Thomas.

The report was agreed to, the bill was read the third time and passed, and ordered to be transmitted forthwith to the House.

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

Mr. President.--The House of Representative have passed the following resolution, to-wit:

A resolution requiring the tax payers of this State to give in the blind and deaf and dumb children of this State.

Mr. Dyer chairman of the Committee on Enrollment, reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A resolution to adopt means for the general vaccination of the people of this State.

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Also, a resolution for investigating the fraud suggested by the report of the Committee on the Penitentiary and the purchase of a lot of shoes by A. P. Bell.

Mr. Seward, chairman of the Judiciary Committee made the following report:

A bill to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors.

Having had the same under consideration recommend a substitute in lieu of the original bill be passed.

Also, a bill to be entitled an act to amend an act approved 23d December, 1836, relative to lapsed legacies; recommend it do not pass.

Also, a resolution to authorize the Governor to seize Salt; recommend it do not pass.

Also, a bill to be entitled an act to provide for appointing a Quartermaster for the State of Georgia, to be located and keep an office in the city of Richmond and State of Virginia, and for the relief of Georgia soldiers, and the widows of deceased soldiers, and for other purposes; recommend a substitute in lieu of the original bill be passed.

A minority of the Judiciary Committee made the following report:

The undersigned members of the Judiciary Committee to whom was referred a resolution for the impressment of Salt, beg leave to submit the following minority report, with the following amendment and recommend that it do pass. Signed John M. Jackson, James R. Brown, D. R. Mitchell.

Amendment--Such seizure shall only extend to the stock now on hand in the State held on speculation, and such Salt manufacturers as refuse to sell at fifty per cent profit on the actual cost of production, and that the Governor be and he is hereby authorized to issue an order prohibiting any Rail Road from transporting any Salt out of this State.

The rule being suspended, the Senate took as the report of the committee of the whole--

A bill to be entitled an act supplementary to an act to incorporate the Planters' Insurance Trust and Loan Company, and to confer certain powers and privileges thereon, assented to December 12th, 1861. This bill had been referred to the Committee on Banks who reported the same back with a substitute, recommending that the same do pass.

On motion, this bill was laid upon the table for the present.

The rule being suspended, the Senate took up the following bill which was referred to the Committee on Banks, and fifty copies thereof ordered to be printed for the use of the Senate, to-wit:

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A bill to be entitled an act to incorporate a bank in the city of Savannah, or in any other place that the convention or commissioners may select, to be called the Bank of the Confederacy.

The rule being suspended, the resolution offered by Mr. Echols to provide a memorial to the honor and memory of soldiers dying in the service in the existing war, which was read and agreed to.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Chestatee River and Town Creek Gold Mining Company.

Mr. Boyd offered the following amendment, which was accepted, to-wit:

Sec. Said company shall keep an office in Dahlonega, Georgia, for the management of the business of the same, which shall be held and considered its place of location for all legal and judicial purposes.

The report as amended was agreed to.

The bill was read the third time and passed.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize William H. Farrell to hold and convey real estate in the State of Georgia.

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

The Committee on Confederate Relations, to whom was referred in connection with the Committee on the State of the Republic in the House of Representatives, so much of the Governor's special message as relates to the conscription act, have as a joint committee, had the subject under consideration at several consecutive sessions of said joint committee, and which they instruct me to report, as the sense of a majority of said joint committee, the following resolutions:

The General Assembly of the State of Georgia submit the following resolutions of fundamental constitutional principles:

Resolved by the General Assembly of the State of Georgia, That the Constitution of the Confederate States is a compact between sovereign States, and that a power in the Confederate Government to order military or naval forces from the States, by compulsion of their citizens, without the concurrence and against the will of the States themselves is incompatable with both the sovereignty and safety of the States.

Resolved, That the Confederate government cannot raise armies from the militia or arms-bearing people of the States except for the purpose of executing the law, repelling invasion, or suppressing insurrection, and then only through

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requisition upon the States for the troops desired, leaving each State to exercise such compulsion as may be necessary in her own case, and to appoint the officers for the troops she needs.

Resolved, That all laws passed by the Confederate Congress to raise armies from the arms-bearing people of the States by compulsion, and without requisition upon, or concurrent action of the States, are unconstitutional and within our power to be declared void. While Georgia makes this declaration, she also declares her willingness and determination to furnish to the end of this unjust and wicked war, which our enemy is waging upon us, as she has done from the beginning of it, all just quotas of troops that may be required of her, in a constitutional way.

Resolved, That under the Constitution of the Confederate States, and the laws of this State, all the troops which Georgia has sent into the field, under requisitions from the Confederate Government have the right to elect the officers who are to command them, and that the laws of Congress which deny or impair this right are unconstitutional and in our power to be declared void.

Resolved, That while the foregoing resolutions express our convictions, we are still willing to leave the conscript acts undisturbed in their operation, reserving to the State such rightful remedies as may be demanded by future exigencies.

(Signed) WM. GIBSON, Chairman.

Minority Report on the same subject.

The minority of the joint committee of the Senate and House of Representatives on Confederate Relations and the State of the Republic to whom was referred the Special Message of His Excellency the Governor, in relation to the execution of the act of the Confederate Congress usually called the Conscript law, in this State, dissenting from the views of the majority of the committee beg leave to submit the following resolutions as their report and recommend their adoption in lieu of those submitted by the majority.

(Signed) T. M. FURLOW,
WM. GIBSON,
Minority of Senate Com.

1. Resolved by the General Assembly of the State of Georgia, That the Constitution of the Confederate States was adopted by the people thereof to form a permanent Confederate government, each State acting in its sovereign and independent character.
2. Resolved, That among the powers delegated to the Confederate Congress are the powers "to declare war," "to raise and support armies" and "to provide and maintain a navy," and to enable the Confederate States "to protect each State against invasion" as is required by the Confederate
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Constitution, the exercise of these powers is absolutely necessary.
3. Resolved, That our safety and prosperity demand that no opposition be made to any measures adopted by the Confederate Congress in the exercise of powers granted and intended for our common defense.
4. Resolved, That the act of the Confederate Congress, assented to 16th April, 1862, entitled "an act to further provide for the public defense" and the act amendatory thereof, having been decided by the Supreme Court of this State to be in conformity with the Constitution of the Confederate States, should be strictly enforced.
5. Resolved, That we recommend to the people of Georgia, to acquiesce in the decision of the Supreme Judicial tribunal of their State, and His Excellency the Governor to countermand any and all orders which he may have issued to suspend the execution of the acts aforesaid in this State upon the citizens subject thereto.

On motion, said reports were taken up, and fifty copies of each ordered to be printed for the use of the Senate.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to provide for the election of commissioners for the town of Madison for the year 1863.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize the Justices of the Inferior Courts of the several counties in this State to raise a company of mounted patrol for certain purposes.

On motion, this bill was referred to the Committee on the Military.

Mr. Lane moved to reconsider so much of the journal of to-day as relates to the disposition of the majority and minority reports of the joint committee of the Senate and House of Representatives, on the State of the Confederacy and Republic.

The President ruled this motion out of order, an appeal was taken and pending the question, on motion of Mr. Gordon, the Senate adjourned to 9½ o'clock, A. M. to-morrow.

THURSDAY, NOVEMBER 20TH, 1862,
9½ O'CLOCK, A. M.

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

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Mr. Dyer moved to reconsider so much of the Journal of yesterday as relates to the passage of an act to authorize the election of commissioners in the town of Madison for the year 1863.

The motion was agreed to.

The rule being suspended, the Senate took up as the report of the committee of the whole, the above mentioned reconsidered bill.

Mr. Dyer offered the following amendment, to-wit:

Strike out the first Saturday and insert the second Saturday in December.

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

On the call of the roll for the introduction of new business, Mr. Bothwell, chairman, made the following report, which was taken up, read and adopted:

Mr. President:--The joint standing committee on the Deaf and Dumb Asylum have had the affairs of that institution under consideration, and direct me to report the following preamble and resolution:

WHEREAS, No annual report has been made to his Excellency the Governor, nor to this General Assembly by the commissioners or other officer connected with the Deaf and Dumb Asylum of its affairs and condition; And whereas, the joint standing committee on that institution have been unable to obtain such information relative to its affairs as will enable them to discharge the duties devolved upon them. They therefore recommend the adoption of the following resolution:

Resolved by the General Assembly of the State of Georgia, That a committee of three, consisting of one from the Senate and two from the House of Representatives, be appointed to visit Cave Springs and investigate the affairs and condition of the Deaf and Dumb Asylum; that said committee be invested with power to send for persons and papers necessary to said investigation, and that they be required to report to this General Assembly at the earliest possible day.

Mr. Echols, chairman of the Committee on Education, submitted the following report, which was taken up and read, to-wit:

The Educational Committee, to whom was referred a bill to authorize and require the Ordinaries of the several counties in this State to pay over the unexpended balance of the educational fund to the chairman of the relief or military committee in such county, together with a substitute for the bill, have had the same under consideration, and beg leave to report: After striking out the first amendment, to-wit:

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"except the county of Thomas," the committee suggest the adoption of the substitute with its amendments, in lieu of the original, and recommend its passage.

The following bills were reported and severally read the first time, to-wit:

Mr. Gordon--A bill to be entitled an act to incorporate the Home Insurance Company.

Also, a bill to be entitled an act to incorporate the Savannah and Vernon River Railroad Company.

Mr. Hansell--

Resolved by the General Assembly, That a joint committee consisting of three members of the Senate and five from the House of Representatives, be appointed to investigate the official conduct of the Quartermaster and Commissary Generals of this State, and their assistants, and report fully the facts to the General Assembly whether they shall find any evidence of improper conduct or official delinquency in the discharge of any of their official duties, or in any matter connected therewith, as these officers are desirous of such investigation.

2. Resolved, That said committee be instructed specially to inquire into the kind and quantity of each and all the Quartermaster's and Commissary's stores that were on hand belonging to the State at the time the State troops were turned over to the Confederate authorities, and what disposition was made of said stores; if sold, whether sold at public or private sale, and if any were sold at private sale, to whom, when sold, quantity and quality sold, and prices at which sold.

These resolutions were taken up and read.

Mr. Smith--A bill to be entitled an act to regulate the sales of several articles, the products of this State, by weight instead of measurement.

Mr. Vason--A bill to amend an act entitled an act to authorize the Ordinaries of this State to dispose of insolvent estates when the same shall not exceed the sum of one hundred dollars, assented to 17th Dec. 1860, &c.

Mr. Killen, chairman of the Military Committee, made the following report:

A bill to be entitled an act to authorize the Justices of the Inferior Court for the several counties in this State to raise a company of mounted patrol for certain purposes.

Having had the same under consideration recommend it do pass.

Also, the following resolution:

Resolved, That the Governor be authorized to call into the service two regiments of militia, to consist of companies not exceeding one hundred each rank and file, to be

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employed for guarding and protecting the railroad bridges of this State and for other service as may be by him deemed necessary.

Recommend the same be adopted.

Also, the following report:

The Military Committee, to whom was referred so much of the Governor's Message as relates to the State Armory, beg leave to report, that they have visited and minutely inspected this work, and have been signally surprised and gratified at the result which has been accomplished.

A year ago, when the Adjutant General submitted the plan by which it was expected that rifles of a character unsurpassed by any, could be manufactured at the Penitentiary, at a cost not exceeding one half the original cost of the best arm in the market, your committee, in view of the difficulties of the task, were fearful of the result, while they recommended that the experiment should be tried.

The work had to be started from the very foundation; machinery had to be made to mould the several parts of the gun, and inasmuch as that could not be purchased, it had itself to be manufactured for the purpose. Not a plate nor a drawing were at the disposal of the State, and every portion of the work had to be started from the brains of those who were interested with the enterprise.

The State of Georgia is fortunate in having possessed in the Adjutant General of the State an officer entirely qualified by education, experience and judgment for the superintendance of so important a work; selecting as is executive officer Major McIntosh, the ordnance officer of the State, to whose zeal and industry in collecting material and inspecting work, much of the success is due, and Mr. Peter Jones, for many years the foreman of the United States works at Harper's Ferry, and whose thorough knowledge of every detail of the work and indefatigable industry, have been of immeasureable value. He has brought the enterprise to such a state of successful completion, that to-day the State of Georgia is enabled to turn out six rifles per day, of a character equal to the best arm manufactured in any point of the world, at a cost of less than one-half of the current price of the Harper's Ferry or Enfield rifle. The Georgia rifle is manufactured exclusively of the material garnered from Georgia, and in accuracy of range, in certainty of fire, in beauty of finish, your committee would challenge its comparison with any rifle of any country. There is but one defect that your committee recognises in the system of the work, and that is the employment of convict labor.--The convict has to be taught as an apprentice, but he has no pride or interest in the work. With him it is an enforced routine, and to him it matters not whether the work be

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well done or spoiled. In this way much expense is added to the cost of the gun, as every piece of work ruined by negligence is charged to the gun. Besides, just as the convict becomes experienced and useful, his term expires, and time must be consumed in instructing another. With a citizen, it would be different. His pride and policy would be enlisted, and what would be lost in his wages would be more than made up in his increased efficiency and usefulness.

Your committee would, therefore, while commending in the highest terms the present armory, recommend the establishment of a State Armory on a larger scale, and under the apprentice system, at such point as the General Assembly should see fit to select.

The rule being suspended, the Senate took up as the report of the committee of the whole--

A bill to let the public printing to the lowest bidder.

This bill had been passed and reconsidered.

Upon the question of agreeing to the report, the yeas and nays were recorded, and were yeas 13; nays 26.

Those who voted in the affirmative were Messrs.

Alexander, Boyd, Wm. M. Brown, Harris, Jas. Hilliard, Lane, McRae, Mitchell, Mosely, Pinckard, Simmons, Smith, Wright.

Those who voted in the negative were Messrs.

Anthono, Beasley, James R. Brown, Dyer, Echols, Fletcher, Fort, Furlow, Gaston, Gibson, Gordon, Griffin, Hansell, Hill, Thos. Hilliard, Jackson, Jamison, Killen, Lewis, Seward, Shewmake, Stafford, Stephens, Swearingen, Vason, Ware.

Yeas 13; nays 26. The report was disagreed to, and the bill was lost.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate--

An act for the relief of Martha J. Bailey, widow of William Bailey, of Thomas county.

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

Mr. President:--I am directed by the House of Representatives to inform the Senate that they have passed the following bill, to-wit:

A bill to be entitled an act to authorize the Boards of Education in the different counties of this State to loan out

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so much of the educational funds in their possession as may not, in their judgment, be needed for the purposes of education, in their respective counties.

The following message was received from the House of of Representatives through their Clerk:

Mr. President:--The House of Representatives has adopted a resolution to appoint a joint committee to investigate the condition of the Asylum of the Deaf and Dumb, and direct me to report the same to the Senate forthwith. The committee on part of the House are, Messrs. Gibson and Culberson.

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

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

A resolution requesting the Confederate Government to return a certain quantity of powder, which Georgia has loaned to said Government, and I am instructed to transmit the same to the Senate forthwith.

The House of Representatives have also adopted a resolution tendering the thanks of this General Assembly to the ladies of this State for their efforts to provide for the comfort and necessities of our soldiers, and I am instructed to transmit the same forthwith to the Senate.

The rule being suspended, Mr. Hansell offered the following resolution, which was taken up, read and adopted, and ordered to be transmitted forthwith to the House, to-wit:

Resolved, the House concurring, both branches of this General Assembly will convene in the Representative Hall on Friday, 21st inst., at 12 o'clock M., for the purpose of electing Public Printer and a Bank Director on the part of the State for the Bank of the State of Georgia.

On motion, the Senate took up the joint resolutions respecting the appointment of a committee to investigate the conduct of the Quartermaster and Commissary Generals of this State.

The said resolutions were taken up, read, adopted, and ordered to be transmitted forthwith to the House.

The President appointed on said committee, Messrs. Hansell, Lewis and Jackson.

The rule being suspended, the Senate took up as the report of the committee of the whole--

A bill to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors.

The Judiciary Committee, to whom this bill had been referred,

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report the same back to the Senate with an amendment in the nature of a substitute, and recommend that said substitute do pass.

The substitute was, on motion, received in lieu of the original bill.

On motion, the report was taken up by sections.

Mr. Killen offered the following amendment to the first section, which was agreed to, to-wit:

Insert after the word "hospital" the words "chemical and mechanical."

The second, third and fourth were taken up and severally agreed to.

Mr. Furlow offered the following amendment, to-wit:

His Excellency the Governor is hereby directed to respect and not to obstruct or interfere with any contract made by the Confederate Government for distillation of whisky; provided the aggregate of the same does not exceed one million gallons; and provided further, that the same be distilled at a distance of at least twenty miles from any railroad or navigable stream.

On motion, this bill was made the special order of the day for to-morrow.

On motion, the Senate took up the resolution from the House respecting the appointment of a joint committee to investigate the condition of the Deaf and Dumb Asylum.

This resolution was concurred in, and the President appointed on that committee on the part of the Senate, Mr. Simmons.

On motion, leave of absence was granted to Mr. Gaston after Tuesday next, for a few days.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and ready for the signature of the President of the Senate--

A resolution requesting the Confederate Government to return a certain quantity of powder which Georgia has loaned to said Government.

On motion, the Senate adjourned to 9½ o'clock A. M., tomorrow.

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FRIDAY NOVEMBER 21st, 1862.
9½ O'CLOCK, A. M.

The Senate met according to adjournment and was opened with prayer by the Rev. Mr. Mosely.

Mr. Lewis, chairman, made the following report which was taken up and read, to-wit:

The joint committee on Finance to whom was referred a resolution and several bills, on the subject of encouraging the manufacture of cotton and wool cards, have had the same under consideration, and beg leave to report the following preamble and resolution, and ask for leave to postpone their final report until the object contemplated by said resolution be obtained.

Whereas, Mr. John L. Divine on behalf of himself and associate proprietors of the cotton and wool card manufactory at Cartersville, Ga., has presented to the joint committee on Finance propositions in relation to the State taking an interest in the said manufactory.

Therefore Resolved by the Senate and House of Representatives, That a committee of three be appointed to repair to Cartersville, Ga., and examine said manufactory and obtain such other information in relation to the objects of said communication as they may be able to obtain, and report to this General Assembly, by bill or otherwise, as early as practicable, and that Mr. Peter Jones, the Penitentiary machinist accompany said committee.

Mr. Lewis offered the following as a substitute for the report of the committee, which was agreed to, and ordered to be transmitted forthwith to the House of Representatives, to-wit:

Resolved, That His Excellency the Governor be requested to send Mr. Peter Jones, Machinist of the Penitentiary forthwith to Cartersville with instructions to examine the machinery used by Messrs. John Lee & Co., in the manufactory of cotton and wool cards, and to ascertain the most favorable terms on which they will sell cards to this State for the use of the citizens thereof, also the best terms on which they will dispose of one half or all the interest in their card factory to the State, and that the result of his visit be communicated to the General Assembly at the earliest practicable moment.

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

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

A bill to be entitled an act to prevent the spread of small pox in this State.

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The House of Representatives have also concurred in the resolution of the Senate to bring on the election of State Printer, and Bank Director, for the Bank of the State of Georgia, on part of the State of Georgia, and I am instructed to transmit the same forthwith to the Senate.

The House of Representatives have also concurred in the resolutions of the Senate relative to appointing a joint committee to investigate the Quartermaster's and Commissary's departments, with an amendment in which they ask the concurrence of the Senate, and I am instructed to transmit the same to the Senate forthwith.

On motion, the Senate took up the special order of the day to-wit:

A bill to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors in Georgia.

On motion, leave was granted Mr. Furlow to withdraw his amendment of yesterday, and report the following in lieu thereof, to-wit:

Provided, His Excellency is hereby directed to grant licenses to the officers and agents of, and contractors with, the Confederate government for the distillation of whisky to an amount not exceeding one million of gallons for the use of said Confederate government, and Provided further, That the same shall be distilled at a distance of at least twenty miles from any rail road or stream usually navigated by steam boats.

The special order was suspended and

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

Mr. President.--The House of Representatives has adopted a resolution relative to providing the people of this State with a supply of cotton cards, and I am instructed to transmit the same to the Senate forthwith.

The rule being suspended, on motion, the above resolution was taken up, read and concurred in, and ordered to be transmitted forthwith to the House of Representatives.

The consideration of the special order was resumed.

Mr. Harris moved to strike from the amendment offered by Mr. Furlow, "one" and insert in lieu thereof the words "two millions."

This motion was not agreed to.

On the question of agreeing to the amendment offered by Mr. Furlow, the yeas and nays were recorded, and were yeas 25, nays 13.

Those who voted in the affirmative were--Messrs.

Alexander, Anthony, Beasley, Fort, Furlow, Gaston,

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Gibson, Gordon, Griffin, Hansell, Harris, Hill, Thos. Hilliard, Kendall, Killen, Lewis, Mitchell, Pinckard, Seward, Shewmake, Smith, Stafford, Swearingen, Vason, Ware.

Those who voted in the negative were--Messrs.

Benson, Boyd, James R. Brown, Dyer, Exchols, Fletcher, Jackson, Jamison, Lane, McRae, Mosely, Simmons, Stephens.

Yeas 25, nays 13.

Mr. Swearingen offered the following amendment to the fifth section which was not agreed to, to-wit:

Strike in first and second line "may in his discretion" and insert in lieu thereof "shall."

On motion, a division was had on the amendment offered by Mr. Swearingen after the President of the Senate had pronounced the same lost.

A division was had and the amendment was not agreed to.

Mr. James R. Brown offered the following amendment, which was agreed to, to-wit:

Sec. And be it further enacted, That each person applying to the government for a license to still any grains as provided for in this act shall before obtaining such license make and subscribe his written affidavit before some Justice of the Peace, Justice of the Inferior Court, or Notary Public of this State (and file the same in the executive office of this State) in which said affidavit, he shall swear that he will not make or cause to be made more whisky or other spirituous liquors out of grain than the number of gallons specified in said license, and any person violating said oath by making a larger amount than the amount which he is authorized by said license to make, shall be guilty of false swearing, and on conviction thereof, shall be punished in such manner as is provided by the laws of this State for the punishment of offenders guilty of false swearing.

Pending the consideration of the special order

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

Mr. President.--I am instructed by the House of Representatives to inform the Senate that the House of Representatives is now ready to receive them in their Hall to proceed to the election of a State Printer and a Bank Director, for the Bank of the State of Georgia, ordered for 12 o'clock M. this day.

Whereupon the Senate on motion, repaired to the Hall of the House of Representatives for the purpose indicated in said resolution, and proceeded to the election of Public Printer.

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FIRST BALLOT FOR STATE PRINTER.

Those who voted for Boughton, Nisbet & Barnes, are Messrs.

Anthony, Beasley, Benson, Billups, Boyd, James R. Brown, Fort, Gaston, Griffin, Hansell, Thos. Hilliard, Jackson, Kendall, Killen, Mosely, Pinckard, Seward, Smith, Stafford, Stephens,

Those who voted for Orme & Son are Messrs.

Alexander, Dyer, Harris, Jamison, McRae, Mitchell, Simmons, Ware.

Those who voted for Snead & Simms are Messrs.

Echols, Fletcher, Furlow, Gibson, Gordon, Hill, Lane, Lewis, Shewmake, Swearingen, Vason, Wright.

FIRST VOTING OF GENERAL ASSEMBLY FOR STATE PRINTER.

Orme & Son received 58 votes.

Boughton, Nisbet & Barnes received 89 votes.

Snead received 31 votes.

Adair received 1 vote.

Whole number of votes 179 votes.

Necessary to a choice 90 votes.

RESULT OF SECOND VOTING FOR STATE PRINTER, OF THE GENERAL
ASSEMBLY.

Those who voted for Boughton, Nisbet & Barnes are Messrs.

Anthony, Beasley, Benson, Billups, Boyd, James R. Brown, Echols, Fort, Gaston, Gibson, Gordon, Griffin, Hansell, Hill, Thos. Hillard, Jackson, Kendall, Killen, Mosely, Pinckard, Seward, Smith, Stafford, Stephens, Swearingen, Vason, Ware.

Those who voted for Orme & Son are Messrs.

Alexander, Dyer, Fletcher, Furlow, Harris, Jamison, Lane, Lewis, McRae, Mitchell, Shewmake, Simmons, Wright.

SECOND BALLOTING FOR STATE PRINTER.

Boughton, Nisbet & Barnes 100 votes.

Orme & Son 75 votes.

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Adair 1 vote

Turner 1 vote

Womble 1 vote

Whole number 178 votes

Necessary to a choice 90 votes

Messrs. Boughton, Nisbet & Barnes having received a majority of all the votes cast were declared duly elected.

The General Assembly then proceeded to the election of a Director on the part of the State of Georgia, of the Bank of the State of Georgia.

FIRST VOTING FOR DIRECTOR OF THE BANK OF THE STATE OF
GEORGIA.

Those who voted for Mr. Cohen are Messrs.

Alexander, Beasley, Benson, Billups, Boyd, James R. Brown, Dyer, Echols, Fletcher, Fort, Furlow, Gaston, Gordon, Griffin, Hansell, Harris, Hill, Thos. Hilliard, Kendall, Killen, Lane, Lewis, McRae, Mitchell, Mosley, Pinckard, Seward, Shewmake, Simmons, Stephens, Swearingen, Vason, Wright.

Those who voted for Mr. Thrasher are Messrs.

Jackson, Jamison.

Solomon Cohen having received a majority of all the votes was declared duly elected Director of the Bank of the State of Georgia.

These elections over the Senate returned to the Hall of the Senate when the consideration of the special order was resumed.

The fifth section was agreed to.

The amendment of an additional section offered by Mr. James R. Brown was agreed to.

Sections 6th, 7th, 8th, and 9th were taken up and severally agreed to.

The report as amended was agreed to.

Upon the question shall this bill pass, the yeas and nays were recorded and were yeas 29, nays 5.

Those who voted in the affirmative were--Messrs.

Alexander, Beasley, Benson, Boyd, James R. Brown, Dyer, Fletcher, Fort, Furlow, Gaston, Gordon, Griffin, Hansell, Hill, Thomas Hilliard, Jackson, Jamison, Killen, Lane, McRae, Mitchell, Mosely, Pinckard, Seward, Shewmake, Simmons, Stephens, Vason, Ware.

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Those who voted in the negative were--Messrs.

Gibson, Harris, Smith, Swearingen, Wright.

Yeas 29, nays 5. So the bill was passed.

Mr. Dyer, chairman of the Committee on Enrollment reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A resolution to appoint a joint committee to investigate the condition of the Deaf and Dumb Asylum.

Also, a resolution to provide cotton cards for the people of this State.

Also, a joint resolution bringing on the election of Public Printer and Bank Director for the Bank of the State of Georgia.

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

Mr. President.--The Governor has approved and signed the resolution of thankfulness to Almighty God, for the glorious victories achieved by our armies over our common enemies.

Also, a resolution to adopt means for the general vaccination of the people of this State.

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

Mr. President.--The House of Representatives insists upon all of its amendments to the Senate resolution authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service, and I am instructed to communicate this action of the House to the Senate forthwith.

The rule being suspended, Mr. Simmons offered the following resolution which was taken up, read and adopted and ordered to be transmitted to the House of Representatives, to-wit:

Resolved by the General Assembly, That the joint committee appointed to visit the Asylum for the Deaf and Dumb, be increased by adding one more from each House.

The President as such additional committeeman on the part of the Senate, appointed Mr. Alexander.

The rule being suspended, the Senate took up as the report of the committee of the whole--

A reconsidered bill to be entitled an act supplementary to an act entitled an act to incorporate the Planters' Insurance Trust and Loan Company.

The report was agreed to.

Upon the question shall this bill pass? the yeas and nays were recorded and were yeas 24, nays 10,

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Those who voted in the affirmative were--Messrs.

Beasley, Benson, Echols, Fletcher, Fort, Furlow, Gaston, Gibson, Gordon, Griffin, Hansell, Harris, Hill, Jackson, Jamison, Killen, Mitchell, Pinckard, Seward, Shewmake, Simmons, Swearingen, Vason, Wright.

Those who voted in the negative were--Messrs.

Alexander, Boyd, James R. Brown, Dyer, Thos. Hilliard, Lane, McRae, Mosely, Stephens, Ware.

Yeas 24, nays 10. The bill having received the constitutional majority of two-third was passed.

On motion, the Senate adjourned to 3½ o'clock, P. M. this evening.

EVENING SESSION, 3½ O'CLOCK, P. M.

The Senate met according to adjournment.

The roll being called no quorum was present, the following were noted as absentees:

Alexander, Anthony, Bothwell, Wm. M. Brown, Dyer, Echols, Fort, Furlow, Hansell, Harris, Jas. Hilliard, Thos. Hilliard, Jackson, Jamison, Kendall, Killen, King, Lewis, McRae, Seward, Smith, Stafford, Wright.

Mr. Dyer, and Mr. Anthony appearing a quorum was present and the Senate proceeded to business.

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

Mr. President.--The House of Representatives have passed a resolution to appoint an additional member from each House of this General Assembly, to visit the Deaf and Dumb Asylum at Cave Spring, and I am instructed to transmit the same to the Senate forthwith.

On motion, the Senate took up the message from the House of Representatives insisting upon all of its amendments to the Senate resolutions authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service.

On motion, the Senate adhered to its action in refusing to concur in the amendments of the House.

On motion, the action of the Senate was ordered to be transmitted forthwith to the House.

On motion, the resolutions in reference to planting cotton in the Confederate States, was taken up and referred to the Committee on Agriculture.

The Senate took up as the report of the committee of the whole--

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A bill to be entitled an act to alter and amend the second section of the act 20th December, 1823, in relation to the government of slaves on plantations.

On motion, this bill was referred to the Judiciary Committee.

The Senate took up as the report of the committee of the whole--

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of the estate of the Hon. Francis S. Bartow, late of Chatham county, deceased.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of T. M. Winkler, of the county of Chatham.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Oglethorpe Insurance Company in Savannah.

Mr. James R. Brown offered the following amendment which was accepted, to-wit:

"That the individual property of each stockholder shall be held and bound for all losses in proportion to the amount of stock held by each."

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to amend an act entitled an act to incorporate the Savannah Gas Light Company, and the Augusta Gas Light Company, approved December 14th, 1845.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to charter and incorporate a Bank in the city of Augusta, by the name and style of the Importers' and Traders' Bank.

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Mr. Mitchell offered the following amendment, which was accepted, to-wit:

To personal liability clause, add "and for six months after they may have respectively transferred their stock."

The report as amended was agreed to.

Upon the question shall this bill pass? the yeas and nay were recorded, and were yeas 33, nays 4.

Those who voted in the affirmative were--Messrs.

Anthony, Beasley, Benson, Echols, Fletcher, Fort, Furlow, Gaston, Gibson, Gordon, Griffin, Hansell, Harris, Hill, Thos. Hilliard, Jackson, Jamison, Killen, Lewis, McRae, Mitchell, Mosely, Pinckard, Seward, Shewmake, Simmons, Smith, Stafford, Stephens, Swearingen, Vason, Ware, Wright.

Those who voted in the negative were--Messrs.

Boyd, James R. Brown, Dyer, Lane.

Yeas 33, nays 4. The bill having received the constitutional majority of two-thirds was passed.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Augusta and Dahlonega Mining Company.

Mr. Hansell offered the following amendment which was agreed to, to-wit:

Sec. Said company shall keep an office at Dahlonega, Georgia, for the transaction of the business of said company, which shall be held and considered its place of location for all legal and judicial purposes.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to change the line between the counties of Jackson and Banks.

On motion, this bill was laid on the table for the present.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of William Stott and John Farmer of Gilmer county, Georgia, as Securities.

On motion, this bill was laid on the table for the present.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to regulate and define the number of Deputy Sheriffs and Ordinaries in this State, and define their eligibility.

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

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The Senate took up as the report of the committee of the whole--

A bill to make uniform the laws of this State for the compensation of Grand and Petit Jurors of this State, the collection of costs, and other purposes, &c.

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

The Senate took up as the report of the committee of the whole--

The Committee on Education and Free Schools, to whom this bill had been referred, reported the same back with an amendment in the nature of a substitute and recommended that the same as amended do pass.

The substitute was adopted in lieu of the original bill.

Mr. James R. Brown offered the following amendment, which was accepted, to-wit:

After the words "unpaid balance," add "at the end of each year."

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

On motion, leave of absence was granted to Mr. Alexander for to-morrow.

On motion, the Senate adjourned to 10 o'clock, A. M. to-morrow.

SATURDAY, NOVEMBER 22D, 1862.
10 O'CLOCK, A. M.

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

Mr. Jackson moved to reconsider so much of the Journal of yesterday as relates to the bill to be entitled an act to point out and regulate the mode of assessing damages for backing or overflowing water on the land of others, and for ditching and draining land, and for other purposes therein mentioned.

This motion was agreed to, and the said bill referred to the Judiciary Committee.

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

Mr. President:--The House of Representatives insist on their amendments to the Senate resolution "authorizing

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the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service," and request a committee of conference on the same; and have appointed as such committee on the part of the House of Representatives, Messrs. Cabaniss, Trammell, Underwood, Black and Schley, and I am instructed to inform the Senate of this action of the House forthwith.

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

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

A bill to be entitled an act to incorporate the Empire State Iron and Coal Mining Company, and to confer certain powers and privileges thereon.

The House of Representatives has also concurred in the substitute of the Senate for the bill of the House to be entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors.

The Committee on Banks, to whom was referred a bill to be entitled an act to incorporate the Southern Express Company, beg leave to report it back with certain amendments, and recommend that the bill as amended do pass.

(Signed,) GEO. A. GORDON, Chairman.

In section 8 strike out the third, fourth and fifth lines, and insert "such place within the Confederate States as shall be agreed upon by a majority of the directors."

In section 14 strike out the word "district" wherever it occurs, and insert the word "county."

On motion, leave of absence was granted to Mr. Wm. M. Brown for a few days, after to-day. Also to Mr. Anthony for a few days.

On motion, the Senate took up the message from the House relating to House amendment to Senate resolutions relating to the appointment of a committee of the two Houses to investigate the conduct of the Quartermaster and Commissary Generals of this State.

On motion, the House amendment was concurred in.

The Senate, on motion, took up the message of the House relating to amendments of the House to resolution authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in Confederate service.

On motion, the Senate adhered to its action refusing to concur in House amendments to said resolution, and appointed on committee of conference on the part of the Senate, Messrs. Jackson, Lewis, and Mosely.

On the call of the roll for the introduction of new business, the following bills were reported and severally read the first time:

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By Mr. Gibson--A bill to be entitled an act to confer certain powers on the Mayor and City Council of Augusta.

Mr. Gordon--A bill to be entitled an act to increase the number of Directors of the Southwestern Railroad Company.

Also, a bill to be entitled an act to confirm to the Confederate States of America the occupancy and use of lands in the county of Richmond, &c.

Mr. Hansell--A bill to be entitled an act to confer on the corporators of the Atlanta Insurance Company certain banking privileges.

Mr. Killen--The special committee to whom was referred the bill to be entitled an act to prevent certain persons therein described from becoming citizens of Georgia, have had the same under consideration, and as the sense of a majority af said committee, I am instructed to report the same back to the Senate with the recommendation that said bill do pass.

(Signed,) SAML. D. KILLEN, Chairman.

Mr. Vason--A supplemental act to amend and explain an act entitled an act to appropriate forty-five thousand dollars towards obstructing the Apalachicola, Flint and Chattahoochee rivers, &c., assented to 13th November, 1862.

Mr. Ware--Whereas doubts have arisen in relation to the constitutionality of the late conscript act of the Congress of the Confederate States, and his Excellency the Governor having invited the opinion of this General Assembly on that question:

1st. Resolved. That that question has been judicially before the Supreme Court of the State of Georgia, the properly constituted tribunal for the settlement of all such questions, and the said Court having accordingly decided said conscript acts constitutional, that this General Assembly accord to said Court the right to settle this question, and we concur with the Court.
2nd. Resolved, That this General Assembly repudiates the justice and propriety of the late act of the Congress of the Confederate States known as the "exemption acts," believing its provisions to be unequal and unjust in all its bearings; and that the Congress of the Confederate States be timely requested to repeal the same, and that a copy of these resolutions be forwarded to each of our Senators and Representatives in said Congress.

The following message was received from the House of Representatives through their Clerk.

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

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A bill to be entitled an act to authorize the Ordinary of Pike county to hold a term of his Court on the second Monday in December, 1862, and I am instructed to transmit the same to the Senate forthwith.

The Committee on Finance report a bill to be entitled an act to change and fix the salaries and compensation of certain officers of this State therein mentioned.

The Senate took up as the report of the Committee of the whole--

A bill to be entitled an act to change and fix the time of holding the Superior and Inferior Courts of the county of Houston, and for other purposes.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of Joseph Slate, of Gilmer county, as security.

The following amendment was offered and accepted, to-wit:

Provided, he shall pay all costs that have accrued.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to regulate the admission of testimony in certain cases therein specified.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to prevent the vending and selling of intoxicating or spirituous liquors within the corporate limits of the city of Rome, and within two miles of the corporate lines of said city.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize Benier Pye to issue change bills in the county of Monroe upon certain conditions, restrictions and limitations.

Mr. Jackson offered the following amendment, which was accepted, to-wit:

And be it further enacted, That if the said Benier Pye shall at any time fail or refuse to redeem the bills issued by him, when presented in a sum equal to five dollars or more, he shall be liable to pay to the bill-holder four times

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the amount so presented, to be recovered in any court having jurisdiction of the same, at the first term thereof; and shall also be subject to the pains and penalties against issuing change bills, and such judgment shall not be subject to the operations of the stay law.

The report as amended was agreed to.

Upon the question, Shall this bill pass? the yeas and nays were recorded, and were yeas 12, nays 24.

Those who voted in the affirmative were Messrs.

Benson, James R. Brown, Dyer, Furlow, Gibson, Griffin, Jackson, Kendall, Killen, Pinckard, Seward, Stafford, Swearingen.

Those who voted in the negative are Messrs.

Beasley, Boyd, Wm. M. Brown, Echols, Fletcher, Fort, Gaston, Gordon, Hansell, Harris, Hill, Thos. Hilliard, Jamison, Lane, Lewis, McRae, Mitchell, Mosely, Shewmake, Simmons, Stephens, Vason, Ware, Wright.

Yeas 12; nays 24. So the bill was lost.

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

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

A bill to be entitled an act to authorize and require the Treasurer of this State to make certain advances, and for other purposes, and I am instructed to transmit the same to the Senate forthwith.

Also, a bill to commute the punishment of James R. Wilson, of Fulton county, now under sentence of death, and I am instructed to transmit the same to the Senate forthwith.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act for the relief of William Stott and John Farmer, of Gilmer county, Georgia.

Mr. Mitchell offered the following amendment, which was accepted:

On payment of all costs which have accrued in said case.

The report as amended was agreed to.

Upon the question, Shall this bill pass? the yeas and nays were recorded, and were yeas 14, nays 19.

Those who voted in the affirmative were Messrs.

Beasley, Wm. M. Brown, Dyer, Fletcher, Gaston, Gibson,

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Griffin, Jackson, Jamison, Mitchell, Simmons, Swearingen, Ware, Wright.

Those who voted in the negative were Messrs.

Benson, James R. Brown, Echols, Fort, Furlow, Gordon, Hansell, Harris, Thomas Hilliard, Killen, Lane, Lewis, Mosely, Pinckard, Seward, Shewmake, Stafford, Stephens, Vason.

Yeas 14; nays 19. So the bill was lost.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize free persons of color to go into slavery, and to provide for the removal of such as refuse to do so, and for other purposes.

Mr. Mitchell moved to amend said bill by striking out the two last sections.

Mr. Mosely moved to re-commit the bill and refer it to the Judiciary Committee.

This motion was agreed to.

The rule being suspended, Mr. Lewis offered the following resolution, which was taken up, read, amended and adopted, and ordered to be transmitted forthwith to the House, to-wit:

Resolved, by the General Assembly, That his Excellency the Governor be, and he is hereby authorized and requested to seize so many cars and locomotives of the different railroads of this State (provided he cannot obtain them otherwise on reasonable terms,) as may be necessary to transport the salt belonging to this State now in Virginia, to convenient and suitable depots, and that he be required to pay said railroad companies just compensation for the use of said rolling stock--said compensation to be provided for in the general appropriation bill.

Mr. Lewis offered the following amendment, which was agreed to:

Provided, nothing contained in the foregoing resolutions shall authorize the Governor to interfere with any requisition made upon the said roads by the Confederate military authorities.

This amendment was agreed to.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to prevent certain persons therein described from becoming citizens of Georgia.

The special committee to whom this bill was referred, reported the same back to the Senate with a recommendation that it do pass.

Page 143

The report was disagreed to and the bill was lost.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Southern Express Company.

The Committee on Banks, to whom this bill was referred, reported the same back to the Senate with amendments, and recommend that as amended the said bill do pass.

The amendments were accepted.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize the Justices of the Inferior Courts for the several counties of this State to raise a company of mounted patrol for certain purposes.

The Committee on the Military, to whom this bill had been referred, reported the same back to the Senate with a recommendation that the same be passed.

Mr. Hansell offered the following amendments, which were accepted, to-wit:

Sec.--. The Inferior Courts of the several counties in this State are hereby authorized to assess an extra tax for the purpose of raising a fund for the payment of the said patrol.

Also, strike out the word "forty" and insert "sixty" as the maximum number of the company.

Also, to be added to the powers and duties of the company, "and to arrest and bring before the civil authorities any transient white person found by them in their counties under suspicious circumstances."

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

The rule being suspended, the following bills were severally read the first time:

From the House--A bill to be entitled an act for the relief of Charles W. West, deceased.

Also, a bill to be entitled an act to authorize the Ordinary of Pike county to hold a term of his court on second Monday in December, 1862, instead of the first Monday, as now required by law.

Mr. Beasley--A bill to restrict the planting of cotton in this State for the year eighteen hundred and sixty-three.

Mr. Dyer chairman of the Committee on Enrollment reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A bill to be entitled an act to prevent the unnecessary

Page 144

consumption of grain by distilleries and manufactories of spirituous liquors.

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

Mr. President:--The House of Representatives has concurred in the resolution of the Senate in reference to salt transportation, and I am directed to transmit the same forthwith to the Senate.

On motion, leave of absence was granted to Mr. McRae for a few days, after to-day.

The rule being suspended, the Senate took up as the report of the committee of the whole--

A bill to be entitled an act to provide for appointing a Quartermaster for the State of Georgia, to be located and keep an office at the capital of the Confederate States, and for the relief of Georgia soldiers and the widows of deceased soldiers, and for other purposes.

The Judiciary Committee, to whom this bill had been referred, reported the same back with an amendment in the nature of a substitute, and recommend that as amended the said bill do pass.

On motion, the Senate adjourned to 10 o'clock A. M., Monday next.

MONDAY, NOVEMBER 24th, 1862,
10 O'CLOCK, A. M.

The Senate met according to adjournment.

Mr. Pinckard moved to reconsider so much of the Journal of Saturday as relates to the rejection of the bill to authorize Benier Pye to issue change bills in the county of Monroe.

This motion was agreed to, and, on motion, the bill was laid on the table for the present.

Mr. Stephens moved to reconsider so much of the Journal of Saturday as relates to the rejection of a bill for the relief of James Stott and John Farmer, of Gilmer county.

This motion was agreed to.

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

Mr. President:--The Governor has approved and signed the following resolutions, to-wit:

A resolution requesting the Confederate Government to return a certain quantity of powder which Georgia has loaned to said Government.

Page 145

Also, a resolution for investigating the frauds suggested by the report of the Committee on the Penitentiary, and the subject of the purchase of a lot of shoes by A. P. Bell.

REPORT OF CONFERENCE COMMITTEE.

The conference committee to whom was referred the resolutions of the Senate authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service, have met and conferred upon the same and agreed upon the following report, to-wit:

That the House recede from its amendment to the first resolution, "paying just compensation thereof," &c.; that the proviso to the amendment of said resolution be amended by striking out after the words "which have been," the words "or may hereafter be."
Amend the second resolution by striking out the words "not exceeding," and add to said resolution the following amendment: "Or such other prices as will afford a reasonable profit upon the prime cost of said articles."

The Committee recommend the adoption of the same and the passage of the resolution.

(Signed,)
J. M. JACKSON,
Chairman Senate Committee.

E. G. CABANISS,
Chairman Committee Ho. of Reps.

On motion, the report was taken up, read and adopted, and ordered to be transmitted forthwith to the House of Representatives.

The rule being suspended, Mr. Furlow offered the following preamble and resolution, which were taken up, read adopted, and ordered to be transmitted forthwith to the House of Representatives, to-wit:

Whereas, it is the desire of many of the citizens of this State that a Geologist should be appointed, believing that his services could be made available at present in developing the varied mineral resources of Georgia.

Be it therefore resolved, That the joint standing Committee on Agriculture be instructed to take into consideration such an appointment, and report as soon as practicable by bill or otherwise.

The rule being suspended, Mr. Mosely reported the following bill, which was read the first time, to-wit:

A bill to be entitled an act to prevent monopoly and extortion, and punish the offenders.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to provide for the appointment of a Quartermaster for the State of Georgia, to be located

Page 146

and keep an office in the capital of the Confederate States, and for the relief of Georgia soldiers and the widows of deceased soldiers, and for other purposes.

Mr. Furlow offered the following amendment, which was agreed to:

Be it enacted by the General Assembly of Georgia, That there shall be appointed a Quartermaster, whose office shall be at the capital of the Confederate States, and said appointment of Quartermaster shall be made upon the recommendation of his Excellency the Governor, to be confirmed by a vote of two-thirds of the Senate; and should the Senate refuse to confirm said nomination when made by his Excellency, it shall then become the duty of the Senate to proceed to the election of some other person as Quartermaster, and a majority of two-thirds voting shall be necessary to said election; Provided, that said Quartermaster, or any of his assistants, clerks, or officials of any kind pertaining to said office, shall not be taken and appointed from the citizens of this or any of the Confederate States who are now subject, or may become subject to the acts of Congress known as the Conscript Acts.

Mr. Gordon offered the following as a substitute to the proviso, to-wit:

Be it further enacted, That the Quartermaster and assistants be and the same are hereby exempted from all military duty, save what is required by this act, during their continuance in office.

Mr. Boyd offered the following amendment, which was agreed to:

After the words "as many assistants as may be necessary," second section, insert the words "in the discretion of the Governor."

On motion of Mr. Furlow, this bill was laid upon the table for the present.

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

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

A bill to be entitled an act to authorize Charles Dunning administrator, and Martha Lewis, administratrix of John H. Lewis, deceased, to sell lot of land number one hundred and ninety, in the (21st) twenty-first district of Quitman county.

Also, a bill to be entitled an act to appropriate funds to the uses of the Georgia Relief and Hospital Association.

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

Page 147

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

A bill to be entitled an act to continue in force the 4th section of an act passed over the Governor's veto, to provide against the forfeiture of the several bank charters of this State, and for other purposes, and I am instructed to transmit the same to the Senate forthwith.

The House of Representatives has also adopted the report of the committee of conference on the resolutions of the Senate authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service, and I am instructed to notify the Senate of said action of the House forthwith.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to amend an act approved 23d Dec. 1836, relative to lapsed legacies.

The Judiciary Committee, to whom this bill had been referred, reported the same back to the Senate with the recommendation that it do not pass.

The report was agreed to and the bill was lost.

The Senate took up the report of the Committee on Military in favor of the adoption of a resolution authorizing the Governor to accept two regiments of militia for certain purposes.

Mr. Lewis moved to lay the resolution on the table for the present.

This motion was not agreed to.

Upon the question of the adoption of the resolution, the yeas and nays were recorded, and were yeas 22, nays 10.

Those who voted in the affirmative were Messrs.

Beasley, Benson, Boyd, Jas. R. Brown, Fletcher, Furlow, Gaston, Gordon, Griffin, Hansell, Harris, Hill, Thomas Hilliard, Jamison, Killen, Mitchell, Mosely, Pinckard, Seward, Stephens, Vason, Ware.

Those who voted in the negative were Messrs.

Dyer, Echols, Gibson, Kendall, Lane, Lewis, Shewmake, Stafford, Swearingen, Wright.

Yeas 22; nays 10. And so the resolution was adopted.

The rule being suspended, the following bills were reported and severally read the first time:

Mr. Hansell--A bill to be entitled an act to change the county line between Cobb and Paulding counties.

Mr. Vason--A bill to be entitled an act to legalize a tax levied by the Inferior Court of Worth county for the year 1862, and for other purposes.

Page 148

The following bill from the House was taken up and read the first time:

A bill to be entitled an act to appropriate money for obstructing the navigable streams of this State, and to authorize his Excellency the Governor to expend the same, or so much thereof as may be necessary.

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

A bill to be entitled an act to authorize the Ordinary of Pike county to hold a term of his court on the second Monday in December, 1862, instead of the first Monday, as now required by law.

Also a bill to be entitled an act for the relief of heirs and creditors of Charles W. West, deceased.

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

TUESDAY, NOVEMBER 25TH, 1862.
9½ O'CLOCK, A. M.

The Senate met, and was opened with prayer by the Reverend Mr. Thompson.

Mr. Furlow moved to reconsider so much of the Journal of yesterday as relates to the rejection of the bill in relation to lapsed legacies.

This motion was agreed to.

Mr. Gibson moved to reconsider so much of the Journal of yesterday as relates to the adoption of a resolution authorizing the Governor to call out two regiments of militia.

This motion was agreed to.

On motion, the resolution was taken up and referred to a special committee of three, consisting of Messrs. Furlow, Vason and Mitchell.

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

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

A bill to be entitled an act to change the 2d section of an act entitled an act to alter and amend the road laws of this State, approved December 19th, 1818, so as to extend and define the ages to which persons shall be liable to work upon public roads.

Also, a bill to be entitled an act to confer certain privileges upon Henry C. Durham, of Clark county, and to give

Page 149

him authority to transact business as though he was of full age.

Also, a bill to be entitled an act to empower Owen Smith and Augustus Morrison to make good and sufficient titles to a certain tract or parcel of land in Brooks county.

Also, a bill to be entitled an act to amend an act passed the 12th day of January, 1852, entitled an act to add an additional section to the tenth division of the Penal Code of this State.

REPORT OF COMMITTEE ON PETITIONS.

The Committee on Petitions, to whom was referred the memorial of John J. Flournoy, of the county of Jackson, after examining the same, do not consider any additional legislation necessary upon the subjects alluded to in said memorial. Your committee therefore asks leave to report the same back to the Senate, with a recommendation that said memorial be laid upon the table for the remainder of the session, without being read, and your committee ask to be discharged from any further consideration of the same.

HILL, of the 29th,
Chairman.

On motion, said report was taken up and adopted.

On the call of the roll for the introduction of new business, the following bills were reported and severally read the first time, to-wit:

By Mr. Beasley--A bill to be entitled an act for the relief of Hiram Dennis.

Also, a bill to be entitled an act for the relief of H. W. Dallis.

Also, a bill to be entitled an act to confer upon John E. Morgan, J. A. Reid, C. B. Terrell, Wiley H. Sims, Wm. P. Beasley, John T. Boykin, Wm. C. Henderson, George V. Boddie, Thomas Boddie, J. O. Towns, Sherwood W. Swanson, James H. Fannin, William H. Tuller, J. P. Walker, A. E. Cox, N. L. Atkinson, and Thomas Leslie, or any ten of them, and their associates and successors, the right and privilege to conduct the business of banking upon the terms therein expressed.

Mr. Smith--Resolution--Whereas, It is provided in the late Exemption Act of Congress that such persons as are or may hereafter be exempted by the laws of the several States shall be exempted from enrollment; and whereas it is the opinion of some that under the legislation of this State Tax Collectors and Receivers and County Treasurers are not exempt from the Conscript law:

Be it therefore resolved, That this subject be referred to the Committee on the Judiciary to inquire into the same, and

Page 150

if they find that such officers are subject to be enrolled, then they are to report a bill on the subject.

Mr. Swearingen--A bill to be entitled an act to provide the mode of admitting copy grants in evidence and for other purposes.

Mr. Seward, chairman of the Judiciary Committee, made the following report:

A bill to be entitled an act to alter and an end the second section of the act of the 20th of December, 1823, in relation to the government of slaves on plantations.

Having had the same under consideration, recommend it do not pass.

Also, a bill to be entitled an act to authorize free persons of color to go into slavery, and to provide for the removal of such as refuse to do so, and for other purposes.

Recommend the same with amendments do pass.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and ready of the signature of the President of the Senate--

A resolution appointing a joint committee of three from the Senate and five from the House to investigate the official conduct of the Quartermaster and Commissary Generals.

Also, a resolution in reference to salt transportation.

Also, an act to incorporate the Empire State Iron and Coal Mining Company, and to confer certain powers and privileges thereon.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and ready for the signature of the President of the Senate--

A resolution authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in Confederate service.

The following bills were taken up and severally read the second time:

A bill to be entitled an act to allow the Tax Receiver and Collector of Dooly county until 20th Dec., 1863, to settle with the State Treasurer, instead of 20th Dec., 1862, and for other purposes.

A bill to be entitled an act to carry into effect the 6th section of the 2d article of the Constitution of the State of Georgia.

A bill to be entitled an act to increase jailors' fees in this State.

A bill to be entitled an act for the relief of the Cherokee Insurance and Banking Co.

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A bill to be entitled an act to incorporate the Savannah and Vernon River Railroad Company.

A bill to be entitled an act to incorporate the Dahlonega Gold Company.

This bill was, on motion, laid on the table for the present.

A bill to be entitled an act to authorize grants to be issued to John B. Callahan, of Bibb county, for islands number seventy-nine, eighty-eight, eighty-nine, ninety-two, ninety-three, ninety-four, and ninety-six, lying in the Ocmulgee river below the city of Macon.

This bill was, on motion, referred to the Judiciary Committee.

A bill to be entitled an act to authorize the Inferior Courts of the several counties to appoint a Tax Receiver and Collector in certain cases.

A bill to be entitled an act to amend an act to require the Justices of the Inferior Courts of this State, while setting as a Court of Ordinary, to declare an intestacy in certain cases, approved 19th Dec., 1834.

A bill to be entitled an act to legalize the acts of the Court of Ordinary of Oglethorpe.

A bill to be entitled an act to amend an act entitled an act to amend the several acts of the General Assembly relating to the Savannah & Albany Railroad Company, &c.

A bill to be entitled an act to settle the conflicts between the Code of Georgia and the legislation of this General Assembly.

A bill to be entitled an act to incorporate the Home Insurance Company.

A bill to be entitled an act to regulate the sales of several articles, the products of this State, by weight instead of measurement.

A bill to be entitled an act to authorize the Ordinaries of this State to dispose of insolvent estates when the same shall not exceed the sum of one hundred dollars, assented to 17th Dec., 1860, &c.

A bill to be entitled an act to restrict the planting of cotton for the year 1863.

This bill was, on motion, referred to the Committee on Agriculture.

A supplemental act to amend and explain an act entitled an act to appropriate forty-five thousand dollars towards obstructing the Apalachicola, Flint and Chattahoochee rivers, &c., assented to 13th Nov., 1862.

A bill to be entitled an act to change and fix the salaries and compensation of certain officers of this State therein mentioned.

A bill to be entitled an act to confer on the corporators of the Atlanta Insurance Company certain banking privileges.

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A bill to be entitled an act to legalize a tax levied by the Inferior Court of Worth county for the year 1862, and for other purposes.

A bill to be entitled an act to confirm to the Confederate States of America the occupancy and use of lands in the county of Richmond.

A bill to be entitled an act to change the county line between Cobb and Paulding counties.

A bill to be entitled an act to increase the number of the directors of the Southwestern Railroad Company.

A bill to be entitled an act to confer certain powers on the Mayor and City Council of Augusta.

A bill to be entitled an act to prevent monopoly and extortion, and punish the offenders.

On motion, this bill was referred to a select committee of five, consisting of Messrs. Mosely, Hansell, Vason, Stephens and Gaston.

On motion, leave was granted to the Senator for the 36th district to change his vote from the negative to the affirmative, on the bill for the relief of the banks, &c.

The rule being suspended, Mr. Hansell offered the following resolution, which was, on motion, taken up, read and adopted, to-wit:

Resolved, That one hundred copies of the report and accompanying papers of T. Butler King's mission to Europe be published for the use of the Senate.

REPORT OF COMMITTEE ON BANKS.

We, the Committee on Banks, to whom was referred a bill to be entitled an act to incorporate a bank in the city of Savannah, or in any other place that the Convention or commissioners may select, to be called the Cotton Planters' Bank of the Confederacy, have had the same under consideration, and without expressing any opinion upon the general policy of the banking system proposed by this act, report the bill back with the subjoined amendment to the 12th section.

(Signed)
GEORGE A. GORDON, Ch'mn.

Amendment--In 6th line, 17th section, insert after the the word "stock" the words "and for six months after the transfer of his, her or their stock."

The Senate took up as the report of the committee of the whole--

A House bill for the relief of heirs and creditors of Charles W. West, deceased.

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

The Senate took up as the report of the committee of the whole--

A House bill to authorize the Ordinary of Pike county

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to hold a term of his court on the second Monday in December, 1862, instead of the first Monday, as now required by law.

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

On motion, the action of the Senate on the two last foregoing bills was transmitted to the House.

The following bills from the House were taken up and severally read the first time:

A bill to be entitled an act to provide for the supply of the people of Georgia with salt, and to appropriate money for the accomplishment of that object.

A bill to be entitled an act for the relief of the minor children of Sophia and William McBride.

A bill to be entitled an act repealing so much of an act as was passed in the year 1850, adding lot of land No. 6 to Talbot county.

A bill to be entitled an act to authorize the Boards of Education in the different counties of this State to loan out so much of the educational funds in their possession as may not, in their judgment, be needed for the purposes of education in their respective counties.

A bill to be entitled an act to continue in force the fourth section of an act passed over the Governor's veto on the 30th day of November, 1860, entitled an act to provide against the forfeiture of the several bank charters of this State on account of non-specie payment for a given time, and for other purposes, passed in the year 1857, and to suspend the pains and penalties imposed upon the several banks and the officers in this State for non-payment of specie, and for other purposes: and also an act to add a proviso to the 4th section of an act entitled an act for the relief of the people and banks of this State, and for other purposes, passed on the 30th of November, 1860, and to add an additional section to the said act, assented to Dec. 20, 1860.

A bill to be entitled an act to appropriate funds to the use of the Georgia Relief and Hospital Association.

A bill to be entitled an act to authorize and require the Treasurer of this State to make certain advances, and for other purposes.

A bill to be entitled an act to confer certain privileges upon Henry C. Durham, of the county of Clark, and to give him authority to transact business as though he was twenty one years of age.

A bill to be entitled an act to amend an act approved January 12, 1862.

A bill to be entitled an act to empower Owen Smith and Augustus Morrison to make good and sufficient titles to a certain tract or parcel of land in Brooks county.

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A bill to be entitled an act to commute the punishment of James R. Wilson, of Fulton county, who is now under sentence of death.

A bill to be entitled an act to change the 2d section of an act entitled an act to alter and amend the road laws of this State, approved December 17, 1818, so as to extend and define the ages to which persons shall be liable to work upon public roads.

A bill to be entitled an act to appropriate money for obstructing the navigable streams of this State, and to authorize his Excellency, the Governor to expend the same, or so much thereof as may be necessary.

A bill to authorize Charles Dunning, administrator, and Martha Lewis administratrix, of John H. Lewis, deceased, to sell lot of land (190) one hundred and ninety, in the 21st district of originally Lee, now Quitman county, and to make titles to the same.

A bill to be entitled an act to prevent the spread of small pox in this State.

The Senate took up the reconsidered resolution to authorize the Governor to call out two regiments of militia for certain purposes.

Mr. Gibson offered the following amendment:

And be it further resolved, That his Excellency the Governor be, and he is hereby authorized in raising said regiments or companies, to advertise and call for volunteers above the age of forty years and below eighteen, stating where said companies will be located or expected to perform duty.

This amendment was agreed to.

Mr. Mitchell offered the following amendment, which was accepted, to-wit:

And that in the appointments of all Quartermasters, Commissarys and Surgeons necessary for said troops, the Governor shall nominate the same to the Senate for ratification, unless the emergency shall require temporary appointments, and that all the officers to command regiments, battalions and companies shall be elected by such regiments, battalions and companies.

The resolution as amended was adopted, and ordered to be transmitted forthwith to the House.

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

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

A bill to be entitled an act for the relief of the Receiver and Collector of Taxes of Burke county, Georgia.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and ready for the signature of the President of the Senate--

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An act to extend the time for the payment of the taxes for the year 1862, so far as relates to the county of Burke.

The Senate, on motion, took up and concurred in House resolution of thanks to gallant officers and soldiers in service from this State, &c.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize free persons of color to go into slavery, and to provide for the removal of such as refuse to do so, and for other purposes.

The Judiciary Committee, to whom this bill was referred, reported the same back to the Senate with amendments and recommend that as amended the same do pass.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to alter and amend the 2nd section of the act of 20th Dec., 1823, in relation to the government of slaves on plantations.

The Judiciary Committee, to whom this bill had been referred, reported the same back to the Senate, with a recommendation that it do not pass.

Pending the question of agreeing to the report, on motion, leave of absence was granted to the Senator from the 16th, after Friday next, for a few days.

Mr. Dyer, chairman of the Committee on Enrollment, reported as duly enrolled and signed by the Speaker of the House of Representatives, and ready for the signature of the President of the Senate--

An act to authorize the Ordinary of Pike county to hold a term of his court on the second Monday in December, 1862, instead of the first Monday, as required by law.

An act to relieve the heirs and creditors of Charles W. West, deceased, late of Chatham county.

On motion, the Senate adjourned to 9½ o'clock A. M., tomorrow.

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WEDNESDAY, NOVEMBER 26TH, 1862,
9½ O'CLOCK, A. M.

The Senate met according to adjournment and was opened with prayer by the Rev. Mr. Mosely.

The Senate resumed the consideration of the unfinished business of the last adjournment to-wit:

A bill to be entitled an act to alter and amend the 20th section of the act 20th December, 1823, in relation to the government of slaves on plantations.

Mr. Vason offered the following amendment, to come in after the word "follows" on 4th line, "from and after the passage of this act every owner who may keep on any plantation the number of twenty negroes or more, shall be compelled to keep a white man capable of bearing arms as an overseer, manager or superintendent, on said plantation, under the penalty contained in the said forty-third section so repealed, so as to conform to the "exemption act" of Congress.

Mr. Seward offered an amendment in the nature of a substitute (with the following caption,) to-wit:

A bill to be entitled an act to repeal an act to alter and amend an act for the ordering and governing of slaves within this State, passed on the--day of May, 1770, and the amendatory act of the 20th of December, 1823.

On motion, this bill was laid upon the table for the balance of the session.

The rule being suspended, Mr. Swearingen offered the following resolution, to-wit:

Resolved, That the resolution passed by this General Assembly at its present session, authorizing the Governor to seize the engines and cars of the different Rail Road Companies of this State, when he cannot otherwise obtain them upon reasonable terms, to bring the salt belonging to this State from Saltville in Virginia, to suitable depots in Georgia, be, and it is hereby amended so as to authorize their seizure as well for the transportation of salt which may hereafter accumulate at the salt works in Virginia, as for the transportation of that which is now there.

A motion to take up this resolution was lost.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to carry into effect the 6th section of the second article of the Constitution of the State of Georgia.

This bill was on motion, referred to the Committee on the Judiciary.

The Senate took up as the report of the committee,

A bill to be entitled an act to increase jailors' fees in this State.

Page 157

This bill was on motion, laid upon the table for the present.

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

Mr. President.--The Governor has approved and signed the following resolutions, to-wit:

A resolution authorizing the Governor to provide clothing and shoes for the destitute Georgia troops in the Confederate service.

Also, a resolution authorizing the Governor to appoint a commissioner or commissioners to audit claims for guns furnished for State defense.

Also, a resolution in reference to salt transportation.

Also, a resolution appointing a joint committee of three from the Senate and five from the House, to investigate the official conduct of Quartermaster and Commissary Generals.

Mr. Dyer chairman of the Committee on Enrollment reported as duly enrolled and signed by the Speaker of the House of Representatives and ready for the signature of the President of the Senate:

A resolution of thanks to the gallant officers and soldiers in service from this State.

Mr. Seward chairman of the Judiciary Committee made the following report:

The Judiciary Committee have had under consideration the following bill, to-wit:

A bill to be entitled an act to settle the conflicts between the Code of Georgia and the legislation of this General Assembly, recommend the same do pass.

The rule being suspended, the report was taken up and agreed to, the bill was read the third time and passed.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to allow the Tax Collector and Receiver of Dooly county until 20th February, 1863, to settle with State Treasurer, instead of 20th December, 1862, and for other purposes.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to authorize the Inferior Courts of the several counties to appoint a Tax Receiver and Collector in certain cases.

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

The Senate took up as the report of the committee of the whole--

Page 158

A bill to be entitled an act to amend an act to authorize the Ordinaries of this State to dispose of insolvent estates, when the same shall not exceed the sum of one hundred dollars, assented to 17th December, 1860, &c.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to legalize the acts of the Court of Ordinary of Oglethorpe county.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to regulate the sales of several articles, the products of this State by weight instead of measurement.

This bill was on motion, referred to the Committee on Agriculture.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to incorporate the Home Insurance Company.

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

The Senate took up as the report of the committee of whole--

A bill to be entitled an act to increase the number of Directors in the South Western Rail Road Company.

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

The Senate took up as the report of the committee of the whole--

A bill to confer certain powers on the Mayor and Council of Augusta.

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

The Senate took up as the report of the committee of the whole--

A bill to confirm to the Confederate States of America, the occupancy and use of lands in the county of Richmond, &c.

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

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to confer on the corporators of the Atlanta Insurance Company certain banking privileges.

Page 159

This bill was on motion, referred to the Committee on Banks.

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

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

A bill to be entitled an act supplementary to an act entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors in Georgia, assented to the 22d day of November, 1862.

Also, the following bill, to-wit:

A bill to be entitled an act to appropriate money to procure and furnish clothing, shoes, caps or hats, and blankets for the soldiers from Georgia, and to provide for raising the same, and I am directed to transmit the same forthwith to the Senate.

The Senate took up as the report of the committee of the whole--

A bill to be entitled an act to amend and explain an act entitled an act to appropriate forty-five thousand dollars towards obstructing the Apalachicola, Flint and Chattahoochee rivers, &c., assented to Nov. 13th, 1862.