LAW LIBRARY Duke University durham, n. c. w,. flat ^/ Wednesday, January 16, 1SG1. ) In accordance with a proclamation issued by his Excel- lency, Joseph E. Brown, Governor of Georgia, hearing date 21st November, I860, delegates from the several counties of this State, duly elected by the people thereof, assembled this day in the Capitol, and at the hour of half past ten o'clock A. M., on motion of Mr. Styles, of Ware, the Hon. Henry L. Benning, a delegate from the county of Muscogee, was called to the chair, and Arthur Hood, Esq., a delegate from the county of Randolph, was appointed Secretary, for the purpose of organization. The Governor's proclamation convening this bod} 7 was then read, and, on motion, the Secretary proceeded to call the counties, when the following delegates, from the coun- ties prefixed to their names, upon the presentation of certi- ficates of election, were duly enrolled as members of the Convention : Appling — Seaborn Hall, J. II. Latimer. Banks— W. R. Bell, S. W. Pruett. Baker — A. H. Colcjintt^C. D. Hammond. L-j~ Baldwin — A. H. Kenan, L. H. Briscoe. Berrien — W. J. Mabry, J. C. Lamb. Bibb — Washington Poe, John B. Lamar, E. A. Nisbet. Brooks — C. S. Gaulden, Henry Briggs* Bryan— C. C. Slater, J. P. Hines. JOURNAL OF THE Bulloch — S. L. Moore, Samuel Harville. Burke — E. A. Allen, E. B. Gresham, W. B. Jones. Butts — D. J. Bailey, Henry Hendricks. Camden — N. J. Patterson, F. M. Adams. Campbell— J. M. Cantrell, T. C. Glover, Calhoun— W. G. Sheffield, E. Padgett. Carroll — B. W. Wright, B. W. Hargrave, Allen Rowe. Cass—W. T. Wofford, H. F. Price, T. H. Trippe. Catoosa — Presley Yates, J. T. McConnell. Charlton — F. M. Smith, H. M. Mershon. Chatham — F. S. Bartow, A. S. Jones, John W. Anderson. Chattooga — Wesley Shropshire, L. Williams. Cherokee— W. A. Teasley, E. E. Fields, John McConnell. Clark — T. R. R. Cobb, Asbury Hull, Jefferson Jennings.. Clayton — R. E. Morrow, James F. Johnston. Clay—W. H. C. Davenport, B. F. Burnett. Clinch — Benjamin Sermons, F. G. Ramsey. Cobb — G. D. Rice, A. A. Winn, E. H. Lindley. Coffee — Rowan Pafford, J. H. Frier. Columbia— W. A. S. Collins, H. R. Casey, R. S. Neal. Colquitt — H. C. Tucker, John G. Coleman. Coweta — A. B. Calhoun, J. J. Pinson, W. B. Shell. Crawford — W. C. Cleveland, Isaac Dennis. Dade— 8. C. Hale, R. M. Pariss. Dawson — Alfred W ebb, R. H. Pierce. Decatur — Richard Simms, C. J. Munnerlyn, B. H. Gee. De Kalb — Charles Murphy, G. K. Smith. Dooly — John S. Thomas, Elijah Butts. Dougherty — Richard H. Clark, C. E. Mallary. Early — R. W. Sheffield, James Buchanan. Echols— Harris Tomlinson, J. B. Prescott. Effingham — E. W. Solomons, A. G. Porter. Elbert — J. C. Burch, L. H. 0. Martin. Emanuel — A. L. Kirkland, John Overstreet. "Fannin— W. C. Fain, E. W. Chastain. Fayette — M. M. Tidwell, J. L. Blalock. Floyd — James Ward, Simpson Fouche, F. G. Shropshire. Forsyth— Hardy Strickland, H. P. Bell. Franklin — John H. Patrick, Samuel Knox. Fulton — J. F. Alexander, L. J. Glenn, J. P. Logan. GEORGIA CONVENTION. 5 Glasscock — Joshua F. Usry, Calvin Logue. Gilmer — Joseph Pickett, W. P. Milton. Gordon — W. H. Dabney, James Freeman, R. M. Young. Greene— -N. M. Crawford, E. J. Willis, T. M. Pouliain. Gwinnett — R. D. Winn, J. P. Simmons, T. P. Hudson. Habersham — R. C. Ketchum, Singleton Sisk. Hatt—E. M. Johnson, P. M. Byrd, Davis Whelchel. Hancock — Linton Stephens, B. T. Harris, T. M. Turner. Haralson — W. J. Head, A. R. Walton. Harris — D. P. Hill, W, J. Hudson, H. D. Williams. Hart—H. S. Hill, J. E. Skelton. Heard— R. P. Wood, C. W. Mabry. Henry — F. E. Manson, E. B. Arnold, J. H. Low Houston — J. M. Giles, D. F. Gunn, B. W. Brown. Irwin — M. Henderson, Jacob Young. Jackson — J. J. McCulloeh, J. G. Pitman, D. R. Lyle. Jasper — Aris Newton, Reuben Jordan, Jr. Jefferson — H. V. Johnson, George Stapleton. Johnson — William Hust, J. R. Smith. Jones — James M. Gray, P. T. Pitts. Laurens — Nathan Tucker, J. W. Yopp. Lee — W. B. Richardson, Goode Bryan. Liberty — W. B. Fleming, S. M. Varnadoe.- Lowndes — C. H. M. Howell, Isaiah Tilman. Lumpkin — Benjamin Hamilton, William Martin. Madison — J. S. Gholston, A. C. Daniel. Macon — W. H. Robinson, J. H. Carson. Marion — W. M. Brown, J. M. Harvey. Mcintosh — J. M. Harris, G. W. M. Williams. Meriwether — H. R. Harris, W. D. Martin, Hiram Warner Miller— -W. J. Cheshier, C. L. Whitehead. Milton — Jackson Graham, J. C. Street. Mitchell— William T. Cox, Jesse Reed. Monroe — R.L. Roddey, Hiram Phinizy, jr., J. T. Stephens Montgomery — T. M. McRae, S. H. Latimer. Morgan— Thomas P. Saifold, Augustus Reese. Murray — Anderson Farnsworth, Euclid Waterhouse. ' Muscogee — J. X. Ramsey, Henry L. Benning, A. S. Ruth ?rford. faa-i ^ L5R9 1 ti «M > LAW LIBRARY 6 JOURNAL OF THE Newton — W. S. Montgomery, Alexander Means, Purmedus Reynolds. Ogkthorpc—D. D. Johnson, Samuel Glenn, Willis Wil- lingham. Paulding — Henry Lester, J. Y. Algood. Pickens — James Simmons, W. T. Day. Pierce — E. D. Hendry, J, W. Stephens. Pike — R. B. Gardner, Gr. M. McDowell. Polk—W. E. West, T. W. Dupree. Pulaski — T. J. McGrifF, C. M. Bozeman. Putnam — R. T. Davis, D. R. Adams. Quitman — E. C. Ellington, L. P. Dozier. Rafam — Samuel Beck, H. W. Cannon. Randolph — Marcellus Douglas, Arthur Flood. Richmond — George W. Crawford, J. Phinizy, Sr., J. P. Garvin. t Schley— 11. L. French, W. A. Black. Scriven — C. Flumphries, J. L. Singleton. Spalding — W. G. Dewberry, Henry Moor. Stewart — James A. Fort, James Hilliard, G. Y. Banks. Sumter — W. A. Flawkins, T. M. Furlow, Henry Daven- port. Talhot—\\ r . R. Neal, W. B. Marshall, L. B. Smith. Taliaferro — Alexa nder H. Stephens, S. H. Perkins. Tatna.il — Benjamin Brewton, Henry Strickland. Taylor— W. j. F. Mitchell, H. H. Long. Telfair — H. McLean, James Williamson. Terrell — William Harrington, D. A. Cochran. Thomas— A. H. HanselF S. B. Spencer, W. G. Ponder. Towns — John Corn, Elijah Kimsey. Troup — B. H. Hill, W.P. Beasley, J. M. Beall. Twiggs — John Fitzpatrick, S. L. Richardson. Union — J. H. Hnggins, J. P. Welborn. Upson — P. W. Alexander, T. S. Sherman. Walker — G. G. Gordon, R. B. Dickerson, T. A. Sharpe. Walton— George Spence, Willis Kilgore, H. D. McDanieL Ware— W. A. McDonald, G. W. Styles. Warren— M. D. Cody, N. A. Wicker. Wayne — Henry R. Fort, H. A. Cannon. Washington — E. S. Langmade, Lewis Bui lard, A. C. Harris. GEORGIA C ON VENTION . 7 Webster — P. F. Brown, M. H. Bush. White — Isaac Bowen, E. F. Starr. Whitfield — J. M. Jackson. F. A. Thomas. Dickerson Tal- iaferro. Wilcox — D. A. McLeocl. Smith Turner. Wilkes — Robert Toombs, J. J. Robertson. Wttkmson — X. A. Carswell, R. J. Cochran. Worth — R. G. Ford, Sr., T. T. Mounger. The official returns of the election of delegates from the counties of Chattahoochee. Glynn, and Lincoln, not having been received at the Executive Department, certificates of election could not be procured by the delegates irom those counties, whereupon, On motion of Mr. Stephens, of Taliaferro, it was unani- mouslv resolved that the delegates elected from those coun- ties do enrol their names, and participate in the action of the Convention. Those counties are therefore represented as follows : From the county of Glynn, John L. Harris, and H. B. Troup. From the county of Lincoln, La Fayette Lamar, and C. R. Strother. From the county of Chattahoochee, A. H. Flewellen, and "William Davis. By direction of the Chairman, the roll was called, and it being ascertained that a quorum was present, the Chair- man stated it had been suggested to him, that, before pro- ceeding furthur, it would be appropriate, by prayer, to seek the blessings of God upon the deliberations of this Conven- tion : in which suggestion he most heartily concurred. Whereupon, by request, the Reverend Mr. Williamson, a delegate from the county of Telfair, in an impressive and fervent manner, performed that duty. Mr. Kenan then moved that the Convention proceed to the election of a President — pending which, On motion of Hull, George W. Crawford, a delegate from the county of Richmond, was chosen President by accla- mation. On motion. Messrs. Hull. Stephens, of Taliaferro, and Kenan, were appointed a committee to notify the President 8 JOURNAL OF THE of his election, to request bis acceptance, and conduct hits to the chair. The President on taking the chair, addressed the Conven- tion, and tendered his acknowledgements for the honor con- ferred upon him. The Convention then proceeded to the election of a Sec- retary, which, on the third ballot, resulted in the election of Albert R. Lamar, of the county of Muscogee. On motion of Mr. Wright, by acclamation, Jesse Oslin, of the county of Cobb, was appointed Messenger, and Wil- liam Atkins, of Oglethorpe county, Door Keeper. On motion of Mr. Fouche, the following committed was appointed by the President to report upon Rules to gov- ern the deliberations of this Convention, to wit : Messrs. Fouche, Hill, of Troup, Clarke. Mr. Fleming offered the following resolution : Resolved, That a committee of three be appointed by the President to wait upon the Commissioners of South Caro- lina and Alabama, now in this city, to ascertain when it will be convenient for them to address this Convention, an o b -L Ullitfl L7± JldilLULlVi >_ USA., TTsr v. Smith of Charlton. Varnadoe, Smith of Johnson. Warner, S/i rimATis OU1U lLiU 11 e , Wa tptTi niisp >> A LCI 11 U LI T C . i _ UCULC) Webb, Sra pton LCil_'lvrLV_/l_I. W ellborn, Sr pit KJ L ell 1 • West. SstPT^lipn< nf TTHnpfif-b OlCl'IlCll-- Ui _LL CI 11 C C C IV , Wb el eh el > lLllll^llu.111, ^■tri r V 1 9 n n ("it EViTSipfili L 1 1 l iv 1 cl 11 l _l Ul -1- vJ 1 V L 11 . \\ lib runs n t Clin ttnnrra * " 11 ilcl li_l._ I'l HO. L I U U Cl Sfari oil 1 an <1 nw Tritnall kj LI lLAIuiiU UI Jl aUlull] Williams nf TTfliMMs it lixiLiiii.^ ui nan ii. 1 C111U.1C11C. \\ 1 1 h r i m sfm ' 1 1111 cl 111. . Ull. Teaslev. Willis. r F i riTfi M s nf Tl fin ' t ~ "W ni"n fit ( !nh1a Thomas of Whitfield, Worrbrd. Tornlinson, Wood. Toombs. Word. Trippe. Yates, Troup, Yopp. Those who voted in the negative are Messrs.: Arnold. Lattimer of Appling, Bailev. Lo°:an, Blalock, Mabry of Berrien. Cannon of Wayne, Martin of Lumpkin, Douglass, McLeo-i Dozier, Mershon. Ellington, Moore of Bulloch, Fouche, Morrow. French, Mounger. Gee, Munnerlyn. Gholston, Newton, Hall. Pads:et, Hammond. Patterson. Hansell. Ponder, Harris of Mcintosh. Pruett, Head, Ramsey of Clinch, Hendry. Shropshire of Floyd. Herrinsfton. Slater. Hood. Simms. Howell, Spencer, Johnson of Jefferson. Stephens of Pierce, Kirkland, Styles, Lamb. Tillman. Langmade, Tucker of Laurens. JOURNAL OF THE Turner of Wilcox, Walton, Whitehead, Williams of Mcintosh, Young of Gordon. Young of Irwin. So the ordinance, as amended, having been twice read, was adopted. The second ordinance, from the same committee, reported by Mr. Cobb, on yesterday, to-wit : "An ordinance to adopt the laws of the late United States"— was taken up, read twice, and adopted. The third ordinance from the same committee, reported by Mr. Cobb, on yesterday, to-wit : " An ordinance to define certain offences against the State of Georgia" — was taken up and read. Mr. Simmons, of Gwinnett, moved to recommit the same for amendment, which was agreed to. Whereupon Mr. Cobb moved to fill the blank in the second clause, after the word " than" with the word "ten" The amendment was received. Mr. Simmons (of Gwinnett) then moved to strike out the second clause, which was lost. Mr. Wofford moved to strike out the third clause, which was lost. Mr. Simmons (of Gwinnett) moved to strike out the words " or interests" in the third clause, which motion was lost. The ordinance was then read twice, and passed. The fifth ordinance reported on yesterday by Mr. Cobb, from the same committee, to wit : " An ordinance concerning citizenship" — was taken up. On motion, it was recommitted, and amended by strik- ing out the word "now" in the third section, and inserting, in lieu thereof, the word "lately." The ordinance was then twice read and passed. The report from Mr. Benning, chairman of the " Comrnit- mittee on the Relations with the slaveholding States of GEORGIA CONVENTION. 89 North America," relative to the admission of States into the Southern Confederacy to be formed at Montgomery, was taken up, read, and recommitted to same committee. Mr. Whitehead's resolution relative to the adjournment and re-assembling of this Convention at Savannah, was taken up, when amendments from Messrs. Corn, Cannon of Rabun, and Starr, and a substitute from himself, were pre- sented — all of which were laid on the table for the present. Mr. Briscoe, from the committee on Enrollment, reported as duly enrolled and ready for the signature of the Presi- dent of the Convention— An ordinance to continue in force the laws against the African slave trade. Also, An ordinance in relation to the inter-State slave trade — which, being signed by the President, was deposited in the office of the Secretary of State. Mr. Nisbet offered the following resolution, which was taken up, read, and agreed to. Resolved, That the committee on Military Affairs be, and they are hereby requested to enquire into the expediency and practicability of establishing an Armory for the use of the State within the limits of this State, and report to the Convention. Leave of absence was granted to Messrs. Garvin, Allen, Douglass, Anderson, Harris of Meriwether, Bell of Banks, Styles of Ware, Cochran of Wilkinson, and Richardson of Lee. On motion of Mr. Hill, of Troup, the Convention then adjourned till eleven o'clock, Monday morning. MONDAY, JANUARY 28, 1861, The Convention met pursuant to adjournment, and was opened with prayer, by the Rev. Mr. Flinn. A quorum being present, the Journal was read. JOURNAL OF THE Mr. Ramsey moved to reconsider so much of the jour- nal of Saturday as relates to the passage of the Ordinance, reported by Mr. Cobb, from the Committee on the Consti- tution of the State, and the Constitution and Laws of the United States, to-wit : "An Ordinance, in relation to the Circuit and District Courts of the United States." The motion to reconsider prevailed, and the Ordi- nance was referred back to the same Committee. The hour of 12 having arrived, the order of the day, to-wit: the reception of the Hon. Thos. W. White, Com- missioner from the State of Mississippi, to Georgia, took place . Mr. Alexander, of Upson, chairman of the Committee for that purpose, introduced that gentlemen to the President of the Convention, who, having extended a cordial welcome to him in its behalf, stated that it was then ready to receive, or hear, any communication he, as a Commissioner from Mississippi, was prepared to deliver or communicate. Whereupon the Commissioner aforesaid addressed the Convention. Mr. Colquitt, (in the absence of Mr. Toombs, the Chair- man of the Committee on Foreign Relations,) made the following Report, to-wit: The Committee on Foreign Relations, to whom was re- ferred the duty of recommending to the Convention suitable persons to fill the offices of Commissioners to several designated States, have had the same under consideration, and REPORT : For Virginia, H. L. Benning, of Muscogee. For Maryland, A. R. Wright, of Richmond. For Kentucky, H. R. Jackson, of Chatham. For Tennessee, H. P. Bell, of Forsyth. For Missouri, L. J. Glenn, of Fulton. For Arkansas, D. P. Hill, of Harris. For Delaware, D. C. Campbell, of Baldwin. For North Carolina, Samuel Hall, of Macon. The Report was taken up and read, when, on motion of GEOEGIA CONVENTION. 91 Mr. Toombs, (who stated that Mr. Jackson had declined to to serve as Commissioner to Kentucky,) so much of the Report as referred to that State, was recommitted to the Committee on Foreign Relations." The remainder of the Report was agreed to, Mr. Stephens, of Taliaferro, from the Committee on Foreign Relations, reported the following Resolutions : Resolved, That the delegates sent from this State by this Convention, to the proposed Congress to assemble at Mont- gomery, Alabama, on the 4th day of February next, be fully authorized and empowered, upon free conference and consultation with delegates that may be sent from other seceding States, to said Congress, to unite with them in forming and putting into immediate operation, a temporary or Provisional Government, for the common safety and defence of all the States represented in said Congress. Such temporary or Provisional Government not to extend beyond the period of twelve months from the time it goes into operation, aad to be mod eled as nearly as practicable on the basis and principles of the late Government of the United States of America. The powers of the delegates so appointed by this Convention in this particular, being hereby declared to be full and plenary. Be it further Resolved, That said Delegates be likewise authorized, upon like conference and consultation with the delegates from the other States in said Congress, to agree upon a plan of permanent Government for said States, upon the principles and basis of the Constitution of the late United States of America, which said plan or Consti- tution of permanent Government shall not be binding or obligatory upon the People of Georgia, unless submitted to, approved, and ratified by this Convention. The report was taken up and read, when Mr. Fouche moved to lay the same upon the table for the present, and to print 300 copies thereof. The motion was lost, and the Report was agreed to. SPECIAL ORDER. The special order of the day, to-wit: "An Ordinance, to make provisional arrangements for the JOURNAL OF THE continuance of Commercial Facilities in Georgia," was then taken up and read. Mr. Hood, of Randolph, from the minority of the Com- mittee on Commercial and Postal Arrangements, reported the following Ordinance, as a substitute for the Ordinance proposed by the majority of said Committee: AN ORDINANCE To make Provisional Arrangements for the continuance of Commercial facilities in Georgia. We, the People of Georgia, in Convention assembled, do declare and Ordain, and it is hereby declared and Ordained, First, That all citizens of the State of Georgia, who, on the 19th day of January, 1861, were holding office con- nected with the Customs, under the Government of the late United States, within the limits of this State, be, and they are hereby appointed to hold, under the Government of this State, exclusive of any further connection ^whatever with the Government of the late United States, the same offices they now fill, until otherwise directed, and to receive the same pay and emoluments for their services. Second, That until the Convention or other Provisional Government shall otherwise provide, the Governor shall ap- point to all vacancies which now exist or may hereafter occur in such offices. Third, That until otherwise provided, the Revenue, Col- lection, and Navigation Laws of the late United States, so far as they may be applicable, be, and they are hereby adopted and made the laws of this State, saving that no duties shall be collected upon imports from the States forming the late United States, nor upon the tonnage of vessels owned in whole or in part by the citizens of said States; Provided, if the said late United States should as- sume an attitude of hostility towards the State of Geor- gia, then the Governor, by his Proclamation, shall put them upon the same footing with all other foreign nations. And, saving and excepting the Act of Congress, adopted the 3rd day of March, 1817, entitled "An Act authorizing the de- posit of papers of foreign vessels with the Consuls of their GEORGIA CONVENTION. 93 respective nations," which Act is hereby declared to be of no force within the limits of this State. Fourth, That all vessels built in Georgia, or elsewhere, and owned to the amount of one third by a citizen, or citi- zens, of Georgia, or of any of the seceding States from the late United States, and commanded by a citizen thereof, and no other, shall be registered as vessels of Georgia, un- der the authority of the Collector and Naval officers. Fifth, That all the official acts of the officers aforesaid, in which it is usual and proper to set forth the authority under which they act, or the style of documents issued by them, or any of them, shall be in the name of the State of Georgia. Sixth, That all monies hereafter collected by any of the officers aforesaid, shall, after deducting the sums necessary for the compensation of officers, and other expenses inci- dent thereto, be paid into the Treasury of the State of Georgia, subject to the order of this Convhntion, or the General Assembly. Seventh, That the officers aforesaid shall retain in their hands all property of the late United States in their posses- sion, custody, or control, subject to the disposal of the proper authorities, who will account for the same, upon a final settlement with the Government of the late United States. Mr. Hood moved that the substitute be adopted in lieu of the original Ordinance. Whereupon Mr. Hill, of Troup, demanded that the yeas and nays be recorded. There are yeas 130, nays 119, to-wit: Those who voted in the affirmative, are Messrs. Adams of Camden, Butts, Alexander of Fulton, Calhoun, Algood, Cannon of Wayne, Bailey, Carson, Bartow, Chastain, Benning, Cheshier, Blalock, Clarke, Brown of Houston, Cobb, Buchanan, Colquitt, Burch, Cox, JOUENAL OP THE Crawford of Greene, Davis of Chattaooochee, Davenport of Clay, Davenport of Sumter, Dewberry, Douglass, Dozier, Fleming, Flewellen, Ford, Fort of Stewart, Fort of Wayne, Fouche, Furlow, Gaulden, Gee, Gholston, Glenn of Fulton, Glenn of Oglethorpe, Glover, Giles, Gresham, Gunn, Ball, Hamilton, Hammond, Hansel!, Harvill, Harris of Glynn, Harris of Mcintosh, Hawkins, Head, Henderson, Hendry, Hendricks, Hill of Hart, Hilliard, Hines, Hood, Howell, Huggins, Jackson, Jennings, Johnson of Oglethorpe, Jones of Burke, Jones of Chatham, Knox, Lamar of Bibb, Lamb, Lattimer of Appling, Lester, Lindley, Logan, Logue, Lyle, Mallary, Martin of Elbert, Martin of Lumpkin, McConnell of Catoosa, McCulloch, McDowell, McLeod, Milton, Moore of Bulloch, Moor of Spalding, Mounger, Padget, Patterson, Phinizy of Richmond, Pickett, Pittman, Poe, Porter, Poullain, Prescott, Price, Pruett, Ramsey of Clinch, Ramsey of Muscogee, Rice, Robinson, Roddey, Rutherford, Sheffield of Calhoun, Sheffield of Early, Slater, Skelton, Simms, Singleton, Solomons, Spencer, Stephens of Pierce, Strickland of Forsyth, Taliaferro, Thomas of Dooly, Tillman, GEORGIA CONVENTION. 95 Tomlinson, Toombs, Troup. Tucker of Colquitt. Turner of Wilcox, Usry, Varnadoe, Walton, Waterhouse, Wellborn, Whitehead, Williams of Mcintosh, Word, Young of Gordon. Those who voted in the negative are Messrs. Adams of Putnam, Alexander of Upson, Arnold, Beasley, Beck, Beall of Forsyth, Black, Bowen, Brewton, Briscoe, Brown of Marion, Brown of Webster, Bush, Byrd, Cannon ot Rabun, Cantrell, Cochran of Terrell, Coleman, Corn, Dabney, Davis of Putnam, Day, Dickerson, Fain, Farns worth, Fields, Fitzpatrick, Freeman, Frier, French, Gordon, Graham, Gray, Hale, Hargroves, Harris of Hancock, Herrington, Hill of Harris, Hill of Troup, Hudson of Gwinnett, Hudson of Harris, Hust, Johnson of Clayton, Johnson of Hall, Johnson of Jefferson, Jordan, Kenan, Ketch urn, Killgore, Kimsey, Kirkland, Lamar of Lincoln, Latt Lmer of Mo n tgomery , Low, Mabiy of Berrien, Mabry of Heard, Man son, Martin of Merri wether, McConnell of Cherokee, McDaniel, McRae, Means, Mershon, Mitchell, Montgomery, Morrow, Neil of Talbot, Newton, Nisbet, Overstreet, Paris, Patrick, Phinizy of Monroe, Pierce, Pinson, Pitts, Pofford, Reese. 96 JOURNAL OF THE Reynolds, Thomas of Whitfield, Rowe, Tidwell, Saffold, Trippe, Shannon, Tucker of Laurens, Sharpe, Warner, Shell, Webb, Shropshire of Chattooga, West, Shropshire of Floyd, Whelchel, Simmons of Gwinnett, Willingham, Simmons of Pickens, Williams of Chattooga, Sirmons, Williams of Harris, Sisk, Williamson, Smith of Charlton, Willis, Smith of Johnson, Winn of Cobb, Smith of Talbot, Wofford, Spence, Wood, Stapleton, Wright, Stephens of Monroe, Yates, Street, 'Yopp, Strickland of Tatnall, Young of Irwin. Teasley, So the substitute was adopted in lieu of the original Ordinance, and having been read twice was passed with the following amendment, to-wit : After the words "holding office," in the first section, to add the words, "or who may have resigned, and where resignations may not have been accepted." Mr. Cobb, from the Committee on the Constitution of the State and the Constitution and Laws of the United States, submitted the following, which, on his motion, with- out being read, was laid on the table until after the pro- posed recess, and 1,000 copies ordered to be printed: The fundamental principles of Free Government cannot be too well understood or too often recurred to. Hence we declare this BILL OF RIGHTS. All Government derives its authority from the consent of the governed; who may modify, alter or annul the same whenever their safety or happiness requires it. No Gov- ernment should be changed for slight or transient causes, nor unless upon reasonable assurance that a better will be established. GEORGIA CONVENTION. 97 Protection to person and property is the consideration of allegiance ; and a Government which knowingly and per- sistently denies or withholds snch protection from the governed, releases them from the obligation of obedience. Xo citizen shall be deprived of life, liberty, or property, except by due process of Law: and of life or liberty only by the judgment of his peers. The writ of habeas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may require it. A well regulated Militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. The prevalence of the Christian Religion among the people, and the basis of Christian principles underlying the laws, entitle this State to be ranked among the Christian nations of the earth, and as those principles are indepen- dent of all political organization, no religious test shall ever be required for the tenure of any office, and no re- ligious establishment allowed ; and no citizen shall be deprived of any right or privilege by reason of his relig- ious belief. Freedom of thought and opinion, freedom of speech, and freedom of the Press, are inherent elements of political liberty. But while every citizen may freely speak, write, and print, on any subject, he shall be responsible for the abuse of the liberty. The right of the People to appeal to the Courts, to pe- tition Government on all matters of legitimate cognizance, and peaceably to assemble for the consideration of any matter of public concern, can never be impaired. For every right there should be provided a remedy, and every citizen ought to obtain justice without purchase, without denial, and without delay, conformablv to the laws of the land. Every person charged with an offence against the laws of the State, shall have 1st. The privilege and benefit of counsel. 2nd, Shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses against him. 3rd, Shall have the compulsory process of the Court to obtain the attendance of his own witnesses. 9® JOUENAL OF THE 4th, Shall be confronted with the witnesses testifying against him, and 1 5th, Shall have a public and speedy trial by an impar- tial Jury. No person shall be put in jeopardy of life or liberty more than once for the same offence. No conviction shall work corruption of blood, or general forfeiture of estate. Excessive bail shall not be required or excessive fine* 'imposed; nor cruel and unusual punishments inflicted. The power of the Courts to punish for contempts should always be limited by legislative acts. A faithful, honest, and fearless execution of the laws is essential to good order; and good order in society is es- sential to true Liberty. Legislative Acts in violation of the fundamental law are void; and the Judiciary shall so declare them. .Ex post facto laws, or laws impairing the obligation of contracts, or retroactive legislation affecting the rights of the citizens, are prohibited. Laws should have a general operation, and no general law should be varied in a particular case, by special legislation^ except upon notice to all persons to be affected thereby. , The right of taxation can be granted only by the People, and should be exercised by their agents in Govern- ment only for the legitimate purposes of Government. In cases of necessity, private ways may be granted upon just compensation being first paid; and with this exception private property shall not be taken except for public use ; and then only upon just compensation, such compensation, except in cases of pressing necessity, should be first provi- ded and paid. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirma- tion, and particularly describing the place or places to be searched, and the persons or things to be seized. Extreme necessity only should justify the declaration of Martial Law. GEORGIA CONVENTION. 99 Lar^e standing armies m times of Peace are dangerous to Liberty. No soldier shall, in time of Peace, be quartered in anv ♦ house, without the consent of the owner, nor in time of War, but in a maimer prescribed by law. Titles of Nobility are inconsistent with Republican Equali- itv, and civil honors should come by merit and not by in- heritance. All powers not delegated to the Government, expressly or by necessary implication, are reserved to the People of the State. And in all doubtful cases the denial of the grant is the ground safest for the liberty of the People. The enumeration of rights herein contained shall 'not be construed to deny to the People any inherent rights which they have hitherto enjoyed. Mr. Briscoe, from the Committee on Enrollment, reported as duly enrolled, and ready for the signature of .the Presi- ident, certain Ordinances passed in secret session, which were signed by the President, and transmitted to the Gov- ernor. Mr. Singleton moved that Mr. Brown of Marion be placed upon the Committee on Accounts, in lieu of Mr. McDonald of Ware, who was absent. The motion was agreed to. Mr. Bartow, from the Committee on Military affairs, made the following REPORT : The Committee on Military affairs, to whom was referred an Ordinance to organize a mounted police in each of the several Counties of the State, and for other purposes, have considered the same, and report that, in their opinion, the mid Ordinance ought not to pass. The report was taken up and agreed to. Mr. Bartow, from the same Committee, also made the following REPORT : That the Committee to whom was referred a Resolution directing them "to inquire into the expediency and practi- 100 JOURNAL OF THE eability of establishing an Armory for the use of the State within its limits, and to report to the Convention," ask leave for further time, to make their report. The report was taken up, read, and the leave asked, was granted. Leave of absence was granted to Messrs. Buchanan, Hill of Hart, Martin of Elbert, Turner of Hancock, Moore of Bulloch, Pinson, McGriff, Fitzpatrick, Cobb, Richardson of Twiggs, and Smith of Johnson. The Convention then adjourned till ten o'clock to-mor- row morning. TUESDAY, JANUARY 29, 1S61. The Convention met pursuant to. adjournment, and was opened with prayer by the Rev. Mr. Crawford. A quorum being present, the journal was read. Mr. Tidwell, moved to reconsider so much of the journal of yesterday as relates to the passage of AN ORDINANCE To make Provisional arrangements for the continuance of Commercial facilities in Georgia. Mr. Hood moved the previous question, which, being seconded prevailed, when the yeas and nays were demanded to be recorded. There are yeas 113 ; nays 143, to- wit : Those who voted in the affirmative are Messrs. Adams of Putnam, Briscoe, Alexander of Upson, Brown of Marion, Arnold, Brown of Webster, Beasley, Bullard, Beck, Burnett, Beall of Troup, Bush, Black, Byrd, Brewton, Cannon of Rabun, GEORGIA CONVENTION. 101 Cochran of Terrell, Cody, Corn, Dabney, Davis of Putnam, Day, Deupree, Dickersou, Fain, Freeman, Frier, French, Gordon, Graham, Gray, Hale, Haines, Hargroves, Harris of Hancock, Henderson, Herrington, Hill of Harris, Hill of Troup, Hudson of Gwinnett, Hudson of Harris, Hust, Johnson of Clayton, Johnson of Hall, Johnson of Jefferson, Jordan, Kenan, Ketchum, Killgore, Kimsey, Kirkland, Lamar of Lincoln, Langmade, Lattimer of Montgomery, Low, Long, Mabry of Heard, Manson, Martin of Meriwether, McDaniel, McEae, Means, Mershon, Mitchell, Montgomery, Morrow, Neal of Talbot, Newton, Nisbet, Overstreet, Paris, Patrick, Phinizy of Monroe, Pierce, Pitts, Pofford, Reynolds, Rowe, SafFold, Sharman, Sharpe, Shropshire of Chattooga, Shropshire of Floyd, Simmons of Gwinnett, Simmons of Pickens, Sirmons, Sisk, Smith of Charlton, Smith of Johnson, Smith of Talbot, Spence, Stapleton, Starr, Stephens of Monroe, Street, Strickland of Tatnall, Thomas of Whitfield, Tidwell, Trippe, Tucker of Laurens, Warner, Webb, West, Whelchel, Willingham, Williams of Chattooga. Williams of Harris, Williamson, Wood, Wright, Yates, Yopp, Younff of Irwin. 102 JOURNAL OF THE Those who voted in the negative are Messrs. : Adams of Camden, Alexander of Fulton, Algood, Bailey, Banks, Bartow, Bell of Forsyth, Benning, Blalock, Bo wen, Brown of Houston, Bryan, Burch, Butts, Calhoun, Caunon of Wayne, Carson, Chastain, Cheshier, Clarke, Cleveland, Coleman, Colquitt, Crawford of Richmond, Daniel, Davis of Chattahoochee, Davenport of Clay, Davenport of Sumter, Dennis, Dewberry, Douglass, Dozier, Farns worth, Fleming, Flewellen, Fields, Ford, Fort of Stewart, Fort of Wayne, Fouche, Furlow, Gaul den, Gardner, Gee, Gholston, Glenn of Fulton, Glenn of Oglethorpe* Glover, Giles, Gresham, Gunn, Hamilton, Hammond, Hansell, Harville, Harris of Glynn, Harris of Mcintosh,. Harvey, Hawkins, Head, Hendry, Hendricks, Billiard, Hines, Hood, Howell, Huggins, Hull, Jackson, Jennings, Johnson of Oglethorpe,. Jones of Burke, Jones of Chatham, Knox, Lamar of Bibb, Lamb, Lester, Lindley, Logan, Logue, Lyle 5 Mallary, Martin of Lumpkin, McConnell of Catoosa, McOonnell of Cherokee. McCulloch, McDowell, McLeod, Milton, Moore of Bulloch, Moor of Spalding, Mounger, GEOEGrlA CONVENTION. 103 Muimeiiyn, Padget, Patterson, Phinizy of Richmond, Picket, Pittman, Poe, Ponder, Porter, Poullain, Prescott, Price, Pruett, Ramsey of Muscogee, Reed, Rice, Richardson of Lee, Robinson, Roddey, Rutherford, Sheffield of Calhoun, Sheffield of Early, Shell, Slater, Skelton, Simms, So the motion to reconsider Singleton, Solomons, Spencer, Stephens, of Pierce, Strickland of Forsyth, Taliaferro, Teasley, Thomas of Dooly, Tillman, Tomlinson, Toombs, Troup, Tucker of Colquitt, Turner of Wilcox, Varnadoe, Walton, Waterhouse, Wellborn, Whitehead, Williams of Mcintosh, Willis, Winn of Cobb, Wofford, Word, Young of Gordon, was lost. Mr. Clarke, from the " Committee on the Constitution and Laws of State, and the Constitution and Laws of the United States," laid on the table the following report and resolutions referred to therein "Mr. President : I am instructed to report a set of resolu- tions in counection herewith, for providing some remedy against the unlawful seizure of the arms and other property of the State of Georgia, by the authorities or people of oth- er States, and which report is also made at the suggestion und request of his Excellency the Governor of this State. JVhercas, late events indicate a disposition upon the part of certain persons at the North, either under the authority of the State officers, or in unruthorized bands to seize and retain arms and ammunition intended for the seceding States, and wheras, Georgia cannot and will not tolerate any such interference with her rights, under the Laws of Nations therefore: 104 JOURNAL OF THE Be it resolved, That upon sufficient information being givea to him of any such interference with arms or ammunition, intended for Georgia, the Governor of this State be, and he is herby authorized, immediately to demand of the Gover- nor of the State where such outrage is committed, a restitu- tion of the property, or ample remuneration for the same, with security against the repetition of such outrage. And if such indemnity is not given w T ithin twelve days from the date of the demand, the Governor of this State is hereby au- thorized to make reprisals from the property of the citizens of such recreant State, to be found within the borders of this State, or the waters adjacent thereto ; and in his dis- cretion he may issue in addition thereto, letters of Marque and Reprisal against the commerce going to and coming from the ports of such recusant State under the flag of the United States of America. Be it further resolved, That whenever the Governor shall thus proceed, the judgment and other liens in favor of citi- zens of such recusant State proceeded against shall be sus- pended, and such citizens shall lose and not be allowed to hold any status as Plaintiffs in any of the Courts of this State. The report was read and laid on the table till after the re- cess. Mr. ISisbet, from the committee of seventeen, to report the Ordinance of Secession, after stating that it was written by Mr. Toombs made the following REPORT, which was taken up, read, and adopted. " The people of Georgia having dissolved their political connection with the Government of the United States of America, present to their confederates, and the world, the causes which have led to the separation. For the last ten years we have had numerous and serious causes of complaint against our non-slaveholding confederate States, with refer- ence to the subject of African slavery. They have endeav- ored to weaken our security, to disturb our domestic peace and tranquility, and persistently refused to comply with thek GEORGIA CONVENTION. 105 express constitutional obligations to us in reference to that properly, and by the use of their power in the Federal Government, have striven to deprive us of an equal enjoy- ment of the common Territories of the Republic. This hos- tile policy of our confederates has been pursued with every circumstance of aggravation which could arouse the pas- sions and excite the hatred of our people, and has placed the two sections of the Union, for many years past, in the con- dition of virtual civil war. Our people, still attached to the Union, from habit and National traditions, and averse to change, hoped that time, reason and argument, would bring, if not redress, at least exemption from farther insults, inju- ries and dano-ers. Recent events have fully dissipated all such hopes, and demonstrated the necessity of separation. Our Northern confederates, after a full and calm hearing of all the facts, after a fair warning of our purpose not to submit to the rule of the authors of all these wrongs and injuries, have, by a large majority, committed the Government of the United States into their hands. The peo- ple of Georgia, after an equally full and fair and deliber- ate hearing of the case, have declared with equal firmness, that they shall not rule over them. A brief history of the rise, progress and policy of anti-slavery, and of the polit- ical organization into whose hands the administration of the Federal Government has been committed, will fully jus- tify the pronounced verdict of the people of Georgia. The party of Lincoln, called the Republican party, under its present name and organization is of recent origin. It is admitted to be an anti-slavery party, while it attracts to itself by its creed, the scattered advocates of exploded po- litical heresies, of condemned theories in political economy, the advocates of commercial restrictions, of protection, of special privileges, of waste and corruption in the adminis- tration of Government ; anti-slavery is its mission and its purpose. By anti-slavery it is made a power in the State. The question of slavery was the great difficulty in the way of the formation of the Constitution. While the subordi- nation and the political and social inequality of the African race were fully conceded by all, it was plainly apparent that slavery would soon disappear from what are now the non-slaveholding States of the original thirteen ; the oppo- JOURNAL OF THE sition to slavery was then, as now, general in those States, and the Constitution was made with direct reference to that fact. But a distinct abolition party was not formed in the United States, for more than half a century after the Gov- ernment went into operation. The main reason was, that the North, even if united, could not control both branches of the Legislature during any portion of that time. Therefore, such an orginazition must have resulted, either in utter failure, or in the total overthrow of the Government. The material prosperity of the North was greatly depen- dent on the Federal Government ; that of the South not at all. In the first years of the Republic, the navigating, com- mercial and manufacturing interests of the North, began to seek profit and aggrandizement at the expense of the agri- cultural interests. Even the owners of fishing smacks, sought and obtained bounties for pursuing their own busi- ness, which yet continue — and half a million of dollars are now paid them annually out of the Treasury. The navi- gating interests begged for protection against foreign ship builders, and against competition in the coasting trade ; Congress granted both requests, and by prohibitory acts, gave an absolute monopoly of this business to each of their interests, which they enjoy without diminution to this day. Not content with these great and unjust advantages, they have sought to throw the legitimate burthens of their busi- ness as much as possible upon the public ; they have suc- ceeded in throwing the cost of light-houses, buoys, and the maintenance of their seamen, upon the Treasury, and the Government now pays above two millions annually for the support of these objects. These interests in connection with the commercial and manufacturing classes, have also succeeded, by means of subventions to mail steamers, and the reduction of postage, in relieving their business from the payment of about seven millions of dollars, an- nually, throwing it upon the public Treasury, under the name of postal deficiency. The manufacturing interest entered into the same struggle early, and has clamored steadily for Government bounties and special favors. This interest was confined mainly to the Eastern and Middle non- slaveholding States. Wielding these great States, it held great power and influence, and its demands were in full GEORGIA CONVENTION. 10? proportion to its power. The manufacturers and miners wisely based their demands upon special facts and reasons, rather than upon general principles, and thereby mollified much of the opposition of the opposing interest. They pleaded in their favor, the infancy of their business in this country, the scarcity of labor and capital, the hostile legisla- tion of other countries towards them, the great necessity of their fabrics in the time of war, and the necessity of high duties to pay the debt incurred in our war for independence ; these reasons prevailed, and they received for many years enormous bounties by the general acquiescence of the whole country. But when these reasons ceased, they were no less clamor- ous for government protection; but their clamors were less heeded, — the country had put the principle of protection upon trial, and condemned it. After having enjoyed pro- tection to the extent of from fifteen to two hundred per cent, upon their entire business, for above thirty years, the Act of 1846 was passed. It avoided sudden change, but the principle was settled, and free-trade, low duties, and economy in public expenditures was the verdict of the American people. The South, and the Northwestern States sustained this policy. There was but small hope of its re- rersal, — upon the direct issue, none at all. All these classes saw this, and felt it, and cast about for new allies. The anti-slavery sentiment ol the North offered the best chance for success. An anti-slavery party must necessarily look to the North alone for support ; but a united North was now strong enough to control the government in all of its de- partments, and a sectional party was therefore determined upon. Time, and issues upon slavery, were necessary to its completion and final triumph. The feeling of anti-*sla- very, which it was well known was very general among the people of the North, had been long dormant or passive, — it needed only a question to arouse it into aggressive ac- tivity. This question was before us : we had acquired a large territory by successful war with Mexico ; Congress had to govern it, how — in relation to slavery — was the ques- tion, then demanding solution. This state of facts gave form and shape to the anti-slavery sentiment throughout the North, and the conflict began. Northern anti-slavery men 108 JOURNAL OF THE of all parties asserted the right to exclude slavery from the territory by Congressional legislation, and demanded the prompt and efficient exercise of this power to that end. This insulting and unconstitutional demand was met with great moderation and firmnesss by the South. We had shed our blood and paid our money for its acquisition ; we de- manded a division of it, on the line of the Missouri restric- tion, or an equal participation in the whole of it. These propositions were refused* the agitation became general, and the public danger great. The case of the South was impregnable. The price of the acquisition was the blood and treasure of both sections — of all ; and therefore it be- longed to all, upon the principles of equity and justice. The Constitution delegated no power to Congress to exclude either party from its free enjoyment ; therefore, our right was good, under the Constitution. Our rights were further fortified by the practice of the government from the beginning. Slavery w r as forbidden in the country North- west of the Ohio river, by what is called the Ordinance of 1787, That ordinance was adopted under the old confede- ration, and by the assent of Virginia, who owned and ceded the country; and, therefore, this case must stand on its own special circumstances. The government of the United States claimed territory by virtue of the treaty of 1783 with Great Britain; acquired territory by cession from Georgia and North Carolina; by treaty from France, and by treaty from Spain. These acquisitions largely exceeded the original limits of the Republic. In all of these acquisi- tions the policy of the government w T as uniform. It opened them to the settlement of all the citizens of all the States of the Union. They emigrated thither with their property of every kind (including slaves), — all were equally pro- tected by public authority in their persons and property, until the inhabitants became sufficiently numerous, and otherwise capable of bearing the burthens and performing the duties of self-government, when they w^ere admitted into the Union, upon equal terms with the other States, with whatever republican constitution they might adopt for themselves. Under this equally just and beneficent policy, law and order, stability and progress, peace and prosperity marked GEORGIA COXVEXTIOX. 109 every step of the progress of these new communities, until they entered as great and prosperous commonwealths into the sisterhood of American States. In 1S20, the Xorth en- deavored to overturn this wise and successful policy, and demanded that the State of Missouri should not be admitted into the Union, unless she first prohibited slavery within her limits, by her Constitution. After a bitter and pro- tracted struggle, the North was defeated in her special ob- ject: but her policy and position led to the adoption of a section in the law, for the admission of Missouri, prohibit- ing slavery in all that portion of the territory acquired from France, lying Xorth of 36 deg. 30 min. Xorth latitude, and outside of Missouri. The venerable Madison, at the time of its adoption, declared it unconstitutional; Mr. Jef- ferson condemned the restriction, and foresaw its conse- quences, and predicted that it would result in the dissolu- tion of the Union. His prediction is now history. The Xorth demanded the application of the principle of prohi- bition of slavery to all of the territory acquired from Mex- ico, and all other parts of the public domain, then and in all future time. It was the announcement of her purpose to appropriate to herself all the public domain then owned and thereafter to be acquired by the United States. The claim itself was less arrogant and insulting than the reason with which she supported it. That reason was her fixed purpose to limit, restrain and finally to abolish slavery in the States where it exists. The South, with great unani- mity, declared her purpose to resist the principle of prohi- bition to the last extremity. This particular question, in connection with a series of questions affecting the same subject, was finally disposed of by the defeat of prohibitory legislation. The Presidential election of 1S52. resulted in the total overthrow of the advocates of restriction and their party friends. Immediately after this result, the anti-slavery por- tion of the defeated party, resolved to unite all the elements in the Xorth, opposed to slavery, and to stake their future political fortunes upon their hostility to slavery everywhere. This is the party to whom the people of the Xorth have committed the government. They raised their standard in 110 JOURNAL OF THE lS56,and were barely defeated; they entered the Presidential contest again, in I860, and succeeded. The prohibition of slavery in the territories, hostility to it everywhere, the equality of the black and white races, dis- regard of all constitutional guarrantees in its favor, were boldly proclaimed by its leaders, and applauded by its fol- lowers. With these principles on their banners and these utter- ances on their lips, the majority of the people of the North demand, that we shall receive them as our rulers. The prohibition of slavery in the territories is the cardi- nal principle of this organization. For forty years this question had been considered, and de- bated in the halls of Congress, before the people, by the press, and before the tribunals of justice. The majority of the people of the North in I860, decided it in their own fa- vor. We refuse to submit to that judgment, and in vindi- cation of our refusal, we offer the constitution of our coun- try, and point to the total absence of any express power to exclude us; we offer the practice of our government, for the first thirty years of its existence, in complete refutation of the position that any such power is either necessary or prop- er to the execution of any other power in relation to the territories. We offer the judgment of a large minority of the people of the North, amounting to more than one-third who united with the unanimous voice of the South against this usurpation ; and finally, we offer the judgment of the Supreme Court of tfie United States, the highest judicial tribunal of our country in our favor. This evidence ought to be conclusive, that we have never surrendered this right ; the conduct of our adversaries admonishes us that if we had surrendered it, it is time to resume it. The faithless conduct of our adversaries, is not confined to such acts as might aggrandize themselves or their sec- tion of the Union ; they are content, if they can only injure us. The constitution declares, that persons charged with crimes in one State and fleeing to another, shall be deliver- ed up on the demand of the Executive authority of the State from which they may flee, to be tried in the jurisdiction where the crime was committed. It would appear difficult to employ language freer from ambiguity ; yet, for above GrE 0 R GrlA C 0 N VEX TI 0 N . Ill twenty years, the non-slaveholding State, generally, have wholly refused to deliver up to us persons charged with crimes affecting slave property ; our confederates, with pu- nic faith, shield and give sanctuary to all criminals, who seek to deprive us of this property, or who use it to destroy us. This clause of the constitution has no other sanction than their good faith; thai is withheld from us ; we are remediless in the Union ; out of it, we are remitted to the laws of nations. A similar provision of the Constitution requires them to surrender fugitives from labor. This provision and the one last referred to, were our main inducements for confederat- ing with the Northern States ; without them, it is histori- cally true, that we would have rejected the Constitution. In the fourth year of the Republic, Congress passed a law to give full vigor and efficiency to this important provision. This act depended to a considerable degree upon the local magistrates of the several States for its efficiency ; the non- slaveholding States generally repealed all laws intended to aid the execution of that act, and imposed penalties upon those citizens whose loyalty to the Constitution, and their oaths, might induce them to discharge their duty. Congress then passed the act of 1850, providing for the complete ex- ecution of this dutv bv Federal Officers. This law which their own bad faith rendered absolutely indispensable for the protection of constitutional rights, was instantly met with ferocious revilings, and all conceivable modes of hos- tility. The Supreme Court unanimously, and their own local Courts, with equal unanimity, (with the single and temporary exception of the Supreme Court of Wisconsin,) sustained its constitutionality in all of its provisions. Yet it stands to-day a dead letter, for all practicable purposes, in every non-slaveholding State in the Union. We have their covenants, we have their oaths, to keep and observe it, but the unfortunate claimant, even accompanied by a Federal Officer, with the mandate of the highest judicial authority in his hands, is everywhere met, with fraud, with force, and with legislative enactments, to elude, to resist and defeat him ; claimants are murdered with impunity ; Officers of the law are beaten by frantic mobs, instigated by inflamma- tory appeals from persons holding the highest public em- 112 JOURNAL OF THE ployment in these States, and supported by legislation in conflict with the clearest provisions of the Constitution, and even the ordinary principles of humanity. In several of our confederate States, a citizen can not travel the high-way with his servant, who may voluntarily accompany him, with- out being declared by law a felon, and being subjected to infamous punishments. It is difficult to perceive how we eould suffer more by the hostility, than by the fraternity of such brethren. The public law of civilized nations requires every State to restrain its citizens or subjects from committing acts in- jurious to the peace and safety of any other State, and from attempting to excite insurrection, or to lessen the security, or to disturb the tranquility of their neighbors, and our Constitution wisely gives Congress the power to punish all offences against the laws of nations. These are sound and just principles which have received the approbation of just men in all countries, and all centu- ries. But they are wholly disregarded by the people of the Northern States, and the Federal Government is impotent to maintain them. For twenty years past, the Abolitionists and their allies in the Northern States, have been engaged in constant efforts to subvert our institutions, and to excite insurrection and servile war amongst us. They have sent emissaries among us, for the accomplishment of these pur- poses. Some of these efforts have received the public sanc- tion of a majority of the leading men of the Republican party in the National Councils, the same men who are now proposed as our rulers. These efforts have in one instance led to the actual invasion of one of the slave-holding States, and those of the murderers and incendiaries, who escaped public justice by flight, have found ' fraternal protection among our Northern Confederates* These are the men who say the Union shall be preserved. Such are the opinions and such are the practices of the Republican Party, who have been called by their own votes to administer the Federal Government under the Constitu- tion of the United States ; w T e know their treachery, we know the shallow pretences under which they daily disre- gard its plainest obligations ; if we submit to them, it will GEOKGIA CONVENTION. 113 be our fault and not theirs. The people of Georgia have ever been willing to stand by this bargain, this contract ; thev have never sought to evade any of its obligations ; they have never hitherto sought to establish any new gov- ernment, thev have struggled to maintain the ancient right of themselves and the human race,, through and by that Constitution. But they know the value of parchment rights, in treacherous hands, and therefore, they refuse to commit their own to the- rulers whom the North offer us. Why ? Because by their declared principles and policy, they have outlawed three thousand millions of our property in the common territories of the Union, put it under the ban of the Republic in the States where it exists, and out of the protection of Federal law everywhere ; because they give sanctuary to thieves and incendiaries who assail it to the whole extent of their power, in spite of their most solemn obligations and covenants ; because their avowed purpose is to subvert our society, and subject us, not onlv to the loss of our property but the destruction of ourselves, our wives and our children, and the desolation of our homes, our al- tars, and our firesides. To avoid these evils, we resume the powers which our Fathers delegated to the Government of the United States, and henceforth will seek new safe- guards for our liberty, equality, security and tranquility.' 5 f On motion of Mr. Nisbet, 10,000 copies of the report were ordered to be printed in pamphlet form, for the use of the Convention. Mr. Moor, from the Committee on Enrolment, made the- following report : The Committee on Enrolment report that they have en- rolled and have now ready for the signature of the President the following ordinances, to-wit : An ordinance to adopt certain laws of the late United States. Also an ordinance to define certain offences against the State of Georgia. Also an ordinance concerning citizenship. S 114 J OUKNAL OF THE Whereupon the President signed, and the same were de- posited in the office of the Secretary of State. Mr. Wofford offered the following resolution, w T hich was taken up, read, and adopted. " Resolved, That the Pension Agent of the United States for the State of Georgia be requested to exercise the usual functions of his agency, until further instructed by this Convention/' Mr. Johnson, from the Committee on Enrolment, made the following report : Mr. President : — I am instructed by the Committee on Enrolment to report as duly enrolled — An ordinance in relation to oaths. An ordinance to make provisional postal arrangements in Georgia, and An ordinance in reference to lands heretofore ceded to the late United States of America. Whereupon the President signed, and the same were de- posited in the office of the Secretary of State. Mr. Rice, from the Committee on the Constitution of the State and the Constitution and Laws of the United States, to whom was referred an ordinance in relation to the Circuit and District Courts of the United States, reported the fol- lowing : AN ORDINANCE To abolish the Circuit and District Courts of the United States for the District of Georgia, and to establish other Courts in lieu thereof, and to continue in force certain judgements and executions. The 2?eople of Georgia in Convention assembled, hereby declare and ordain, That the Circuit and District Courts of the late United States for the State of Georgia be, and the same are hereby abolished as Courts of the said United States, and the Dis- trict Courts of the United States for the Northern and GEORGIA CONVENTION. 115 Southern Districts of the State of Georgia are hereby re- established as Courts of the independent State of Georgia, with the same jurisdiction and powers as they had under the laws of the United States, except so far as the same are modified by the ordinances of this Convention. 2. The commissions of all the judges and officers of said Courts are hereby terminated. And the Governor of this State is hereby authorized to appoint and commission a judge and other officers of said Courts to hold their com- missions until the further action of this Convention — the said Judge to reside in or near the city of Savannah in this State, and the said Judge shall receive at the rate of twen- ty-five hundred dollars per annum as his salary. -3. The causes, civil and criminal, now pending in the Circuit Court of the late United States of Georgia, are hereby transferred to the District Court now hereby estab- lished for the Southern District of Georgia, and the said District Court shall have power to hear and determine the same. 4. The causes, civil and criminal, now pending in the District Courts of the Northern and Southern Districts of Georgia are continued without prejudice in the said Courts now hereby established: and the judgments and decrees heretofore rendered therein, and the executions issued there- on, shall lose no right, lien or validity by the operation of this ordinance or the ordinance of secession, but shall con- tinue in force, as if the courts remained in existence, and the stay law of the General Assembly of 1860 shall apply to the judgments and proceedings of said courts. 5. No civil suits in favor of citizens of other States shall be instituted in said Courts until the further orde r of this Convention, except cases of admiralty and maritime juris- diction. The report was taken up and agreed to, and the ordinance having been twice read, was adopted. Mr. Fleming laid upon the table the following ordinance, which was read, and laid on the table till after the recess. 116 JOURNAL OF THE AN ORDINANCE To alter and amend the first section of the third article of the Constitution of Georgia. The people of Georgia in Convention assembled do declare and ordain. That so much of the first section of the third article of the Constitution of Georgia, as is in the following words, to wit : " The Supreme Court shall consist of three Judges, who shall be elected by the Legislature, for such term of years as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified," shall be stricken out, and the following inserted in lieu and place thereof, to wit : The Supreme Court shall consist of five Judges, who shall be appointed by the Governor of the State, with the advice and consent of two-thirds of the Senate, and shall hold their office during good behavior. And be it further enacted, That so much of the said first section ol the third article of the Constitution, as is in the following words, to-wit : " And shall sit at least once a year, at a time to be prescribed by law, in each of the five judicial districts, to;be hereafter laid off and designated by the Legislature for that purpose, at the most central point in each judicial district, or at such other point in each dis- trict as shall, by the General Assembly, be ordained for the trial and determination of writs of error from the seve- ral Superior Courts included in each judicial district," shall be stricken out, and the following inserted in lieu and place thereof, to-wit : And shall sit at least twice a year at Mill- edgeville; or wherever the Capitol of the State may be, for the trial and [determination of writs of error, from the sev- eral Superior Courts of this State. And be it further ordained, That so much of the said first section of the third article of the Constitution, as is in the following words, to-wit : " And the said court shall at each session, in each district, dispose of and finally deter- mine each and every case on the docket of such court, at the first term after such writ of error brought," shall be GEORGIA CONVENTION. 117 stricken out, and the following inserted in lieu thereof, to- wit: " And the said court shall, at each session, hear each and every case on the docket, unless prevented by Provi- dential cause, and shall, in their discretion, dispose of and finally determine the same, either at the first or second term after such writ of error brought, and no decision shall be pronounced orally, but each and every decision shall be reduced to writing and submitted to the other Judges, or a majority of them for correction and approval before it is pronounced." And be it further ordained, That so much of the said first section of the third article of i;he Constitution, as is in the following words, to-wit : " The Judges of the Superior Courts shall be elected for the term of lour years, and shall continue in office until their successors shall be elected and qualified," shall be stricken out, and the following inserted in lieu thereof, to-wit : The Judges of the Superior Courts shall be appointed by the Governor, with the. advice and consent of two-thirds of the Senate, and shall continue in office during good behavior." Mr. Hamilton laid on the table the following ordinance, which was taken up, read twice, and adopted : " In view of the present condition of the country, and the alleged apprehension of foreign capitalists as to the scarcity of capital invested in this State — Be it ordained, That to encourage the manufacturing and mining and other permanent improvements of this State, this Convention does hereby declare it to be the fixed policy of Georgia to protect'all investments already made, or which may be hereafter made by citizens of other States, in mines or manufacturing in this State, and capital invested in any other permanent improvement." Mr. Bartow laid on the table the following resolution, which was taken up, read, and adopted : Whereas, Certain patriotic citizens of Georgia and South Carolina placed in the service of the State large numbers of their slaves, without remuneration, who were actively and laboriously employed at Fort Pulaski for about two weeks — 118 JOURNAL OF THE Be it resolved by the "people of Georgia in Convention assem- bled, That the Governor be requested to convey to each of the gentlemen who contributed this force, the thanks of this Convention for their patriotic action. And be it further resolved, That the Governor be also re- quested and authorized to make a suitable gratuity in money to the slaves thus employed. Mr. Bartow also offered the following : "An ordinance concerning officers of the militia" — which was read and laid on the table. Mr. Singleton laid on the table the following resolution* w^hich was taken up, read, and agreed to : " Resolved, That the Committee on Accounts, at their earliest convenience, make a report providing for the pay of delegates sent by this Convention to Montgomery, and Commissioners sent to the Slaveholding States." Mr. Whitehead's resolution relative to adjournment, and the re-assembling ^of this Convention, was taken up and read. Mr. Whitehead moved to fill the blank therein with the word " Savannah" The motion was lost. The word "Macon" was also proposed, which was lost. The blank was then filled with the word " Milledgeville," and the reso- lution was adopted. Mr. Toombs, from the "Committee on Federal Relations," to whom was referred the consideration of appointing a Commissioner from Georgia to Kentucky, reported that the committee recommended the appointment of the Hon. W. C. Daniell to that State. The report was taken up and agreed to. Mr. Means offered the following resolution, which was taken up, read, and agreed to : " Resolved, That the Convention signify its purpose to encourage, cherish, and advance, by all legitimate means in their power, all the important home institutions within their limits, whether literary, scientific, mechanical, agricultural, or professional, that they may aid in developing as far as GEORGIA CONVENTION. 119 practicable, the moral and intellectual resources of the State to sustain her present, and advance her future fortunes." Mr. Glenn, of Fulton, offered the following preamble and resolutions : Whereas, Information has been communicated to this Convention of the death of the Hon. Charles Murphy, a delegate elect from the county of DeKalb. which occurred at his residence on the morning of the 16th instant. Be it resolved unanimously. That this Convention do hereby sympathize with the family of the deceased in their sad be- reavment, and deeply regret the loss of his services to the State and country. Resolved, That the Secretary furnish a certified copy of this resolution to the family of the deceased. The same were taken up. read, and made the special order for the afternoon of this day. The President laid on the table the following communi- cation from the Hon. Thomas Y. Simons, chairman of the Committee on Engrossed Ordinances and Resolutions of the South Carolina Convention, which was taken up and read : Charleston. January 22, 1S61. To the Honorable the President of the Convention of the people of Georgia: Sir : — I have the honor herewith to transmit to you. for the use of the distinguished body over which you preside, printed copies of the following documents, adopted by the people of South Carolina, in convention assembled, to-wit : 1. The declaration of the immediate causes which induce and justify the secession of South Carolina from the Fede- ral Union, and the ordinance of secession. 2. The address of the people of South Carolina, assem- bled in convention, to the people of the Slaveholding States of the United States. •3. Report on the address of a portion of the members of the General Assembly of Georgia. 4. Reports and resolutions providing for commissioners to the Slaveholding States. 120 JOURNAL OF THE 5. The correspondence between the Commissioners of the State of South Carolina to the Government at Washington, and the President of the United States. The noble position which Georgia has taken in the main- tenance of constitutional guarantee and right, has cheered the hearts and nerved the arms of our people in their de- fence. In the earnest hope that our respective commonwealths, having cast aside the yoke of a hostile section, and resumed their separate independence, may soon be united with their sisters of the South in a Confederacy having similar insti- tutions to protect, and similar interests to promote, and which may forever stand forth as at once the emblem and the realization of a government of liberty without licence, of law without oppression, and of philanthrophy without fanaticism, I am, with the highest regard and esteem, Your obedient servant, THOMAS Y. SIMONS, Chairman Committee on Engrossed Ordinances and Resolu- lutions. The Convention then adjourned till 4 o'clock this after- noon. 4 o'clock P. M. Mr. Briscoe, from the committee to obtain the services of a suitable clergyman to officiate by opening the daily ses- sions of this Convention with prayer, offered for adoption the following resolution : " Resolved, That the thanks of this Convention are due, and are hereby tendered to the Rev. William Flinn and the Rev. H. J . Adams (residents in this city) for their accepta- ble services to this Convention." The resolution was taken up, read, and unanimously adopted. Mr. Hill, of Troup, moved to reconsider so much of the resolution adopted this morning relative to the re-assem- bling of this Convention at " Aiilledgeville" after the recess. The President decided that the motion was out of order. GEORGIA CONVENTION. 121 Mr. Hill appealed from the decision of the Chair. The appeal was sustained by the Convention. Whereupon, Mr. Hill moved to take up the resolution, to strike out " Millcdgeville" and insert "Savannah" upon which motion the yeas and nays were demanded to be re- corded. The yeas are 137. Nays 100, to-wit : Those who voted in the affirmative are Messrs. Adams of Camden, Frier, Alexander of Fulton, Furlow, Alexander of Upson, Gaulden, Banks, Gardner, Black, Gholston, Blalock, Glenn of Fulton, Brew ton, Glenn of Oglethorpe, Brown of Houston, Glover, Brown of Marion, Giles, Brown of Webster, Gordon, Bullard, Gunn, Bush, Hamilton, Butts, Hargroves, Calhoun, Harvill, Cannon of Wayne, Harris of Glynn, Henderson, Hendry, Hill of Harris, Hill of Troup, Hines, Hood, Howell, Hudson of Harris, Huggins, Hust, Johnson of Hall, Jones of Burke, Jones of Chatham, Kirkland, Lamb, Lattimer of Montgomery, Lindley, Logan, Logue, Lyle, Mabry of Heard, 122 JOURNAL OF THE McConnell of Catoosa,, McCulloch, McDowell, McLane, McLeod, Means, Mershon, Moore of Bulloch, Moor of Spalding, Morrow, Munnerlyn, Overstreet, Patterson, Phinizy of Monroe, Phinizy of Kichmond, Pitt man, Pitts, PofFord, Porter, Poullain, Prescott, Price, Ramsey of Clinch, Ramsey of Muscogee, Richardson of Lee, Robinson, Roddey, Sherman, Shell, Slater, Skelton, Simms, Sirmons, Smith of Charlton, Smith of Johnson, Solomons, Spencer, Stapleton, Starr, Stephens of Monroe, Stephens of Pierce, Strickland of Tatnall, Teasley, Thomas of Dooly, Tidwell, Tillman, Tomlinson, Troup, Tucker of Colquitt, Tucker of Laurens, Turner of Wilcox, Usry, Varnadoe, Whitehead, Williams of Mcintosh, Williamson, Willis, Winn of Cobb, Wofford, Wood, Word, Wright, Yopp, Young of Gordon. Young of Irwin. Those who voted in the Adams of Putnam, Algood, Arnold, Bailey, Beasley, Beck, Bell of Forsyth, Beall of Troup, Benning, Bowen, Briscoe, Burnett, ;ive are Messrs. Byrd, Cannon of Rabun, Chastain, Cheshier, Coleman, Corn, Crawford of Greene, Dabney, Davis of Putnam, Davenport of Clay, Day, Deupree, GEORGIA CONVENTION. 123 Dickerson, Farnsworth, Fields, Fort of Stewart, Freeman, Gray, Graham, Hale, Hammond, Hansell, Harris of Hancock, Head, Herrington, Hilliard, Hudson of Gwinnett, Jackson, Johnson of Clayton, Johnson of Jefferson, Johnson of Oglethorpe, Kenan, Killgore, Kimsey, Knox, Lamar of Lincoln, Lamar of Bibb, Lester, Manson, Martin of Lumpkin, Martin of Merriwether, McConnell of Cherokee, McDaniel, McRae, Milton, Mitchell, Montgomery, Mounger, Neal of Talbot, Newton. Padget, Paris, Patrick, Pickett, Pierce, Poe, Ponder, Eeed, Reese, Reynolds, Rice, Rowe, Rutherford, Saffold, Sharpe, Sheffield of Calhoun, Sheffield of Early, Shropshire of Chattooga, Simmons of Gwinnett, Simmons of Pickens, Sisk, Smith of DeKalb, Smith of Talbot, Spence, Street, Strickland of Forsyth, Taliaferro, Trippe, Walton, Warner, Waterhouse, Webb, Wellborn, West, Whelchel, Willi ngham, Williams of Chattooga, Williams- of Harris, ' Nisbet, So the motion prevailed. Mr. Johnson, from the Committee on Enrolment, ed as duly enrolled, and ready for the signature President, the following Ordinances : An Ordinance to make provisonal arrangements continuance of commercial facilities in Georgia. An Ordinance in relation to the Circuit and District Courts of the United States in the State of Georgia. rep or t- of the for the 124 JOURNAL OF THE An Ordinance to protect investments of Foreign Capital. All of which were signed by the President, and deposited in the office of the Secretary of State. Mr. Hill of Troup, offered the following resolution, which was taken up, read, and agreed to : " Resolved, That the delegates to this Convention, from the county of Chatham, be, and they are hereby requested and authorized to make all suitable arrangements for the sittings of this Convention when it shall assemble after the recess in the city of Savannah." Mr. Clarke of Dougherty, offered the following resolution, which w T as taken up, read and agreed to. " Resolved, That His Excellency, the Governor, be, and he is hereby authorized to advance to our Commissioners to the several States, and the members of the State to the Montgomery Convention, such sums as, in his discretion may be necessary, and to draw his warrant on the Treasury for the same." Mr. McLeod of Wilcox, laid on the table a preamble and resolution, which was taken up, read and referred to the Committee on Foreign Eelations. Mr. Glenn of Fulton, offered the following resolution: Resolved, That His Excellency, the Governor, be, and he is hereby requested to order an election for a delegate from the county of DeKalb, to fill the vacancy occasioned by the death of the Hon. Charles Murphy, deceased, or any other vacancy that may occur after giving ten days notice for said election." The resolution was taken up, read and adopted. Mr. Bartow offered the following resolution : " Resolved, That the Messenger and Door Keeper of this Convention be allowed each, eight dollars a clay, as their compensation, and that the assistant Door Keeper be allow- ed two dollars a day while on duty." "The resolution was taken up, read and adopted. The special order of the afternoon, to-wit : The preamble and resolution offered by Mr. Glenn of GEOKGIA CONVENTION. 125 Fulton, relative to the death of the Hon. Charles Murphy, a delegate elect, from the county of DeKalb, was taken up, read, and unanimously adopted. On motion of Mr. Kenan, the Convention then adjourned, subject to the call of the President, or in the event of his resignation or death, to the call of the Governor, in ac- cordance with the resolution adopted this afternoon. 126 JOURNAL OF THE IN SECRET SESSION AT MILLEDGEVILLE. THURSDAY, JANUARY 24, 1861. The Convention met in secret session. Mr. Bartow,from the Committee on Military Affairs, made the following reports : First : — AN ORDINANCE Concerning Officers of the Army and Navy. Whereas, certain officers of the Army and Navy of the United States, citizens of the State of Georgia, impelled by patriotic motives, have already resigned their appointments, and tendered their services to the State ; and whereas, oth- ers desire to make the same tender. Be it ordained, by the people of Georgia, in Convention as- smbled, That all such officers who have resigned for the purpose aforesaid, or have made such offer, and all those on the ac- tive list who may resign and make such tender of service within such time as circumstances may admit,|shall be receiv- ed into the service of the State, and shall be appointed and commissioned by the Governor, to the same relative rank in the Army and Navy of Georgia, which they held under the Government of the United States, and shall receive the same pay from their entrance into service as they were en- titled to at the time of their resignations. Provided, That such commissions shall not extend beyond the time at which a Government of the Southern Seceding States shall be established, and provided further, that the Governor of this State shall employ such officers in the ser- GEORGIA CONVENTION. 127 vice to which they may be respectively attached, in such a manner as in his judgment the public exigences may re- quire. Second : AN ORDINANCE To provide for the public defence. Be it further ordained by the people of the State of Georgia, in Convention assembled, That the Governor of this State is hereby authorized to raise and equip a regular military force, and to employ the same in such defensive service as the public security in this or neighboring States may demand. Such regular force shall not exceed two regiments of infantry, or infantry and artillery in such proportion as the Governor may direct. The Governor as Commander-in-Chief, shall appoint and commission the necessary officers for these forces, selecting as far as practicable, officers of the United States Army, who may have entered the service of this State, according to their relative rank, but all such commissions may be revok- ed whenever a Government shall be established by the Southern States to which Georgia shall accede. And be it farther ordained, That for the regulation of all military matters, not otherwise provided for by the laws of this State, the articles of war, and the army regulations de- clared and established by the United States Government, as lately existing, are hereby adopted as far as applicable to the present condition of this State. Third: Resolved, That the Governor be authorized to purchase for the defence of the sea-board of Georgia, two propeller, or other steamers, and two sailing vessels, of light draft, to be armed and manned in such manner as their tonnage and capacity may require. The reports were severally taken up, read, and made the special order of the day to-morrow. The Convention then went into open session. 128 JOUKNAL OP THE FRIDAY, JANUARY 25, 1861. The Convention met in Secret Session. The Journal of yesterday was read. SPECIAL ORDER. The special order of the day, to-wit : the Resolutions and Reports of Mr. Bartow from the Committee on Military affairs, were taken up for consideration : On motion of Mr. Bartow, the Resolution author- izing the Governor to purchase, for the defence of the State, two propeller or other steamers, and two sailing vessels, was taken up, and, on his motion recommitted and amended by inserting the words "or procure," after the word "pur- chase;" striking out the word "two" and inserting "three;" and striking out the words "and two sailing vessels." He also moved to amend the same by inserting the fol- lowing additional Resolution: Resolved, That the Governor be requested to contract with the Cuba Telegraph Company, for the construction of branch lines from the mainland to Brunswick, and such other place on the coast as may be expedient for the use of the State. The amendments were received, and the Resolutions as amended were adopted. Mr. Bartow then moved to take up the Ordinance for the public defence. On his motion the same was recommitted for amendment, when he offered the following, to add to the second section the words : "The officers and enlisted men raised by this Ordinance shall receive the same pay and emoluments as are provided for similar service by the Laws of the United States." The amendment was received and the Ordinance was read twice and adopted. He then moved to take up the Ordinance concerning officers of the Army and Navy, and recommit the same for amendment. The Ordinance was amended by striking out the first GEORGIA CONVENTION. 129 proviso, to-wit : "Provided, That such commissions shall not extend beyond the time at which a Government of the Southern seceding States shall he established. The amendment was received and the Ordinance having been read twice was adopted. Mr. Bartow, from the Committee on Military affairs, also reported the following Resolutions, which, on his motion, were taken up, read, and adopted, to-wit : "Whereas, The present attitude of the State of Georgia requires that she should be put immediately in a state of defence, and this military preparation demands prompt action and sound organization, both for efficiency and economy. Be it Resolved, That the Governor be, and he is hereby empowered to employ such a military staff as may be necessary for effecting: an organization, and introducing: a sound system of administrative accountability. Be it further Resolved, That these appointments shall be temporary, until such time as the Southern seceding States shall establish a Government, and provide a Military Es- tablishment for their common defence, and that the officers so appointed shall keep their offices at such points, to be stationed in such manner as the Governor and Commander- in-Chief may direct." On motion of Mr. Bartow the foregoing Ordinances and Resolutions were ordered to be enrolled, and when signed by the President, to be delivered to the Governor. The Convention then went into Open Session. 9 PROCEEDINGS OF THE CONVENTION, AT SAVANNAH, In Open Session. SAVANNAH, GEORGIA, March 7th, 1861. The Convention, in accordance with the Proclamation of the President, under its resolution at Milledgeville to take a recess, met this day at the hour of 12 o'clock, M., in this city, and was opened with prayer by the Rev. Mr. Caldwell. A quorum being present, the journal of its last day's proceedings at Milledgeville was read. Mr. Hood offered the following resolution : Resolved, That the President of this Convention do take the following oath : " I do solemnly swear that I will sup- port, maintain, and defend the Constitution of the Provis- ional Government of the Confederate States of America to the best of my ability, so help me God" — before the Hon. William B. Fleming, Judge of the Superior Courts of the Eastern District ; and that, thereupon, the President ad- minister the same oath to each of the members of this Convention, the Secretary and assistant Secretary. The resolution was taken up, read and disagreed to. Mr. Smith, of DeKalb, offered the following resolution, which was taken up, read, and adopted. Resolved, That the name of P. F. Hoyal be enrolled as a . 132 JOUENAL OF THE member of this Convention, and that he be allowed to take his seat in the same. Mr. Saffold offered the following resolution, which was taken up, read and adopted : Resolved, That the Messenger of the Convention be authorized to distribute, in equal proportion, to each mem- ber of the Convention, the printed address of the " Commit- tee of seventeen." Mr. Hamilton, of Lumpkin offered the following resolu- tion : Whereas, It will become necessary for the Confederate States of America to select a location for a National Capi- tol. Be it, therefore, Resolved, That the Governor of this State be, and he is hereby authorized to furnish, free of charge, any such loca- tion that might be made in this State. The resolution was taken up, read and lost. Mr. Garvin, from a minority of the Committee on Ee- duction of the General Assembly, offered the following as a substitute for the previous report of said Committee, to-wit : AN ORDINANCE To alter the 3d and 7th sections of the 1st Article of the Constitution of the State of Georgia. "The Senate shall consist of forty members; four from each Senatorial District. There shall be ten districts ar- ranged as follows : The First District shall be composed of the counties of Appling, Bryan, Bulloch, Chatham, Camden, Charlton, Clinch, Coffee, Effingham, Emanuel, Glynn, Liberty, Mcin- tosh, Montgomery, Pierce, Scriven, Telfair, Tatnail, Ware, and Wayne. The Second District shall be composed of the counties of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly, Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes, Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and Worth. GEORGIA CONVENTION. The Third District shall be composed of the counties of Chattahoochee. Harris. Muscogee, Marion. Macon, Quit- man, Stewart, Sumter, Schley, Taylor, Talbot and Web- ster. The Fourth District shall be composed of the counties of Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens, Putnam, Pulaski, Twiggs, and Wilkinson. The Fifth District shall be composed of the counties of Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson, Lincoln, Richmond, Warren, Wilkes, and Washington. The Sixth District shall be composed of the counties of Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan, Newton, Oglethorpe, Taliaferro, and Walton. The Seventh District shall be composed of the counties of Butts, Clayton, Fayette, Henry, Meriwether, Monroe, Pike, Spalding, Troup, and Upson. The Eighth District shall be composed of the counties of Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haral- alson, Heard, Paulding, and Polk. The Ninth District shall be composed of the counties of Banks, Cherokee, Dawson, Forsyth, Gwinnett, Habersham, Hall, Jackson, Lumpkin, Milton, Pickens, Rabun, Towns, Union, and White. The Tenth District shall be composed of the counties of Cass, Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon, Gilmer, Murray, Walker, and Whitfield. At the first election held under this Ordinance there shall be four Senators elected from each Senatorial District, two of whom shall hold their office for two years, and two for four years, and the first Senators elected for each District, shall be divided into two classes by lot. as soon as the Senate shall convene and organize. At every subsequent election which shall be held bien- nially, each district shall elect two Senators, who shall hold their office for four years. After each future enumera- tion of the inhabitants of the State, made under the Laws and Constitution thereof, the General Assembly, at its next session, may arrange the foregoing Senatorial Districts in such manner as will, as nearly as practicable, give to each an ecjual representative population. JOURNAL OF THE The House of Representatives shall be elected biennially, and shall consist of one hundred and thirty-two members ; each county shall have one representative. These amendments shall be submitted for ratification to the people of this State, at an election to be holden on the first day of July next, which shall be managed and con- ducted in the usual manner now established by law. Each voter shall endorse on his ticket the words, " Ratification" or "No Ratification." The managers in each county shall make returns in the maimer now prescribed, to His Excel- lency the Governor, who shall add up all the returns, and by proclamation on or before the first of August next en- suing announce the result. If a majority of votes be given for ratification, the election in October next for members of the General Assembly shall be held according to this amendment, and the Governor shall so announce in his said proclamation. The report was taken up, and read, and 500 copies ordered to be printed. Mr. Shropshire, of Floyd, moved to commit the forego- ing to the Committee on Reduction, and also, to recommit the original report and substitute to the same Committee. The motion was agreed to. Mr. Bell of Forsyth, offered the following resolution : Resolved, That the people of Georgia in Convention assembled, most heartily approve the election by the Con- gress at Montgomery, of the Hon. Jefferson Davis to the Presidency, and the Hon. A. H. Stephens to the Vice Presi- dency of the Provisional Government of the Confederate States of America, the duties of which position their dis- tinguished public services, and acknowledged abilities emi- nently qualify them to discharge. The resolution was taken up, read, and unanimously adopted. On motion of Mr. Crawford of Greene, the Secretary of the Convention w r as directed to transmit a copy of the foregoing to the Congress of the Confederate States of America. GEORGIA CONVENTION. 135 Mr. Johnson of Clayton, offered the following resolution, which was taken up, read, and agreed to. Resolved, That Reporters of newspapers be allowed seats on the floor of this Convention, when in open session, and that the Door Keeper and Messenger provide seats for the same. Mr. Tidwell offered the following resolution, which was taken up, read, and agreed to : Resolved, That Dr. P.F. Hoyal, a delegate elect, from the county of DeKalb, to fill the vacancy occasioned by the death of the Hon. Charles Murphy, be allowed to sign the Ordinance of Secession, as a delegate from said county of DeKalb. The President laid upon the table communications from the Governor of New York, in reference to the resolution of this Convention in relation to the seizure of Fort Pu- laski, and from the Governors of Maryland and Alabama, acknowledging the receipt of a copy of the Ordinance of Secession of this State, which were read by the Secretary. The President also laid upon the table communications from Dr. Wm. C. Daniell, the Commissioner from this State to the State of Kentucky ; and from D. C. Campbell, Esq., the Commissioner from this State to the State of Delaware? which were read by the Secretary. The Convention then adjourned till 11 o'clock, to-mor- row morning. FRIDAY, MARCH 8, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Landram. A quorum being present, the journal of yesterday was read. Mr. Crawford, of Greene, offered the following preamble and resolution, which were read: Whereas, During her connection with the late United 136 JOURNAL OF THE States, the State of Georgia was dependent upon the North- ern States for her school books, and this dependence still continues; and whereas, it is important that, in all matters pertaining to education, the South should be independent of her late confederates. Therefore, to aid in effecting this de- sirable object — Be it resolved by the Convention of the people of Georgia, That His Excellency, the Governor, be requested to offer a prize of five hundred dollars each for the following works, to be written' or compiled by citizens resident in the Confederate States of America, viz : A Spelling Book for the use of Common Schools ; an Arithmetic ; an English Grammar ; a Geography, and two Reading Books, one for beginners, and one for more advanced scholars ; the prize to be awar- ded by a committee appointed by the Governor, and the books selected to be published and printed within the Con- federacy, and the copy right to be owned or disposed of by the authors or compilers of the several books. Mr. Robertson, of Wilkes, offered the following resolu- tion, which was read : Resolved, That the Governor be requested to communi- cate to the Convention what provision he has made for the defence of the State against invasion ; the number and char- acter of the arms distributed, and at what points, and the amount which has been expended for the same. Mr. Benning offered the following propositions as a sub- stitute for the third and seventh sections of the first article of the Constitution of Georgia : The Senate shall consist of thirty-two members ; four for each Congressional district, as it shall exist at the time of their election. Each Congressional district shall, by its elections biennially on the first Wednesday in October next, elect its four members in the mode prescribed by the present law, until that law may be changed by the Legislature. The House of Representatives shall consist of sixty-four members, eight for each Congressional district, as it shall exist at the time of their election. Each Congressional dis- trict shall, by its electors, biennially, on the first Wednes- day of October, elect its eight members, in the mode pre- GEORGIA CONVENTION. 137 scribed by the present law, until that mode may be changed by the Legislature. And on Mr. Benning's motion the same was referred to the " Committee on the Reduction of the General Assem- bly." Mr. Rice, of Cobb, offered the following resolution which was taken up and read : Resolved, That a committee of seven be appointed to ex- amine into the condition of the defences of the city of Sa- vannah and its approaches ; to inquire what additional defence, if any, may be necessary, and to report to the Con- vention at the earliest possible day. Mr. Styles moved to lay the same upon the table for the balance of the session — pending which, On motion of Mr. Varnadoe, the resolution was laid on the table for the present. Mr. Hood laid on the table the following ordinance, which was read, and, on his motion, was referred to the "Commit- tee on the Constitution of the State, and the Constitution and Laws of the United States:" AN ORDINANCE In relation to citizens of Georgia holding offices under the Government of the late United States. 1st. Be it ordained by the people of Georgia in Convention as- sembled, That from and after the j)assage of this ordinance, any person who now resides in Georgia, or who was at the date of his appointment a citizen of Georgia, or who received his appointment as a citizen of Georgia, and who now holds any office or appointment under the Government of the late United States, either civil or military, of honor or profit, (other than persons connected with the postal service, and who actually reside in, and perform the service within the limits of the State,) and who shall not resign the office or appointment so held within ten days after a knowledge of the passage of this ordinance, shall forfeit his citizenship, and shall never hereafter be a citizen of this State. 138 JOURNAL OF THE 2nd. Be it further ordained, That in the event of a hostile demonstration by the Government of the late United States against the Confederate States of America, or any one of them, then, and in that event, all property or estate, real or personal, belonging to any such officer, civil or military, who shall have continued to adhere to the said government of the United States, after notice as herein before provided for, shall forever forfeit all of his said estate, real or per- sonal, to the State of Georgia ; the said property to be forfeited and confiscated in any county in which the said property, or any portion of it, may be situate — the same to be forfeited in an action in the nature of an information — one half thereof to the State, and the other half to the in- former. 3rd. Be it further ordained. That in the event no person shall make information thereof, it shall be the duty of the Grand Jury of the county to enquire into the matter, and require the Attorney or Solicitor General of the circuit to prosecute the same to judgment, and, in that event, one half thereof shall go to the county, and the other half to the State. 4th. Be it farther ordained, That should the question of notice as prescribed for in the first section of this ordinance arise, it shall not be necessary to prove actual notice to the said officer, but it shall be held and construed to mean ten days after reasonable time shall have elapsed to receive such information by due course of mail. Mr. Styles offered the following resolution, which was taken up and read : Resolved, That the Secretary be instructed to appoint a page for the convenience of this Convention. Mr. Fouche moved to insert " two pages" instead of a pager The motion was lost. The motion to adopt the resolution was also lost. The ordinance offered by Mr. Fleming "to alter and amend the first section of the third article of the Constitution of GEORGIA CONVENTION. 139 Georgia," was taken up, and, on motion of Mr. Eamsey, was referred to the " Committee on the Constitution and Laws of the State, and the Constitution of the United States." The report of Mr. Clarke, from the Committee on the Constitution and Laws of the State, and the Constitution of the United States," to- wit : A preamble and resolutions in relation to reprisals — was taken up, and recommitted to the same committee. The report of Mr. Cobb, from the Commmittee on the " Constitution and Laws of the State, and the Constitution of the United States," to-wit : The " Bill of Eights"— was taken up, and, on motion, was postponed for the present. Mr. Anderson's preamble and resolutions in relation to " Direct Trade," was taken up, and on motion of Mr. Styles, was postponed for the present. Leave of absence was granted to Messrs. Porter, Bailey, and Wofford for a few days. On motion of Mr. Eice, the Convention then went into secret session, and having spent some time therein, the Convention adjourned till eleven o'clock to-morrow morn- ing. SATUEDAY, MAECH 9, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Eev. Mr. Crawford. A quorum beiug present the journal was read. On motion, the journal of yesterday when in. secret ses- sion, was read, secrecy having been removed from the pro- ceedings of the Convention of that day. The President announced the following committee in ac- cordance with the resolution of Mr. Eice adopted on yester- day relative to the defence of Savannah, and its approaches, to-wit : 140 JOURNAL OF THE Messrs. Rice, Varnadoe, Burnett, Gaul den, Williams, of Mcintosh, Giles, and Alexander, of Upson. The President laid on the table a communication from Messrs. Toombs, Nisbet, Stephens, Bartow, Hill, and Cobb, delegates to the Congress at Montgomery, and members of this Convention explanatory of their absence. He also laid on the table a communication from General John W. A. Sanford, Commissioner from Georgia to Texas, which, was read, and on motion of Mr. Alexander, of Upson, was laid on the table. Mr. Varnadoe offered the following preamble and resolu- tion, which were taken up and read : Whereas, General David E. Twiggs, late of the United States Army, actuated by a sense of duty and patriotism, and in obedience to the allegiance due his native State, de- livered upon demand to the regularly constituted authori- ties of the independent State of Texas, all the property of the late United States Government under his control, and ordered its troops beyond the borders of said State. Resolved, That this Convention indorse, approve, and ratify his conduct in the premises, and recognize in him a brave and honorable scldier, and a worthy and patriotic son of Georgia. Mr. Alexander, of Upson, offered the following amend- ment to the foregoing : Resolved, That neither General Twiggs, nor Colonel Hardee, requires any vindication among their old friends and neighbors in Georgia. Their defence may be found written by the point of the sword upon the battle-fields of their country, and upon the scarred forms of her enemies ; yet this Convention but yields to a natural impulse when it expresses the scorn with which the people of Georgia look upon all attempts on the part of an abolition press, and a venal and fanatical government to tarnish their fame, and to filch from them the rewards of long lives of glorious deeds and heroic doings. The amendment was received, and the resolution, as amended, was unanimously adopted. GEORGIA CONVENTION. 141 Mr. Tidwell, from the Committee on Military Affairs, made the following report : Whereas, by an ordinance passed by this Convention, Of- ficers of the Army and Navy of the late United States, were to be received upon their resignation, into the Army of Georgia, with the same rank and pay. In conformity with this ordinance,Major Myers, a Paymaster in the Navy of the late United States, was appointed Paymaster by the Gov- ernor, and transferred to the Pay Department of the Army of Georgia : And whereas, by an Act passed ,by the Congress of the Confederate States, organizing the Staff of the Army, no mention is made of Paymasters ; Quarter-masters, by this act, are to do the duties of Paymasters. We, therefore, recommend Major Myers for the position of Quarter master in the Army of the Confederate States, with the rank as held by him in the Army of Georgia ; and that the Secre- tary of this Convention be instructed to forward a copy of this recommendation to the Secretary of War. The report was taken up, read and adopted. Mr. Tidwell offered the following resolution, which was taken up and read : Resolved, That the thanks of this Convention, are due and hereby tendered to R. R. Cuyler, the President of the Central Railroad, together with the Directors thereof, for their kindness and liberality in presenting to the delegates and officers of this Convention, free tickets over said road, to and from the city. Also to the city authorities for their liberality and kindness in furnishing the Convention with the large and comfortable Hall which it now occupies. Resolved, That said President and Directors, with the Mayor and Aldermen of the city of Savannah, be invited to seats in this Convention. Resolved, That the Secretary give to the said President and Mayor notice of these resolutions. 142 JOURNAL OF THE Various amendments to the same were offered by Messrs. Hood, Garvin, and Gaulden, pending the consideration of which, on motion, the resolutions and amendments were re- ferred to a committee of five to report thereon, to-wit: Messrs. Tidwell, Garvin, Hood, Gaulden and Martin of Elbert. The resolution of Mr. Crawford, of Greene, laid on the table on yesterday, relative to school books of the Confede- rate States of America , was taken up and read. Mr. Fouche offered the following as a substitute for the same, to-wit : Whereas, the frequent change of text-books in our schools, is not only a source of great and unneccessary expense to the people of this State, but has a manifest tendency to re- tard the progress of pupils in acquiring the elements of a sound and practical education ; and has afforded the means to the enemies of our institutions, of driving a profitable trade in books, which are often made the vehicles for' im- posing upon the unsuspecting and untrained minds of the young, their absurd theories and dogmas upon the subject of African equality, and the sinfulness of African slavery — therefore, Be it resolved by the people of Georgia in Convention assembled, 1st. That a Board of Commissioners to consist of seven members, be appointed by the Governor, with the advice and consent of two-thirds of the Senate, at the next session of the General Assembly of this State, whose duty it shall be to select, compile, or compose, a complete series of text books, in every department of literature and science, which upon being examined and approved by the Governor and two-thirds of the Senate, shall be adopted as text books in all the Schools, Academies, and Colleges in this State. 2d. That no teacher in this State, shall be entitled to GEORGIA CONVENTION. participate in any public fund now existing, or hereafter to be raised in this State, or any county thereof, for education al purposes, unless said teacher shall have adopted and used the text books provided for in the foregoing resolution. 3rd, That a copy of this Preamble and Resolutions be sent to his Excellency the Governor, with a request to bring the the same to the attention of the General Assem- bly at the opening of its next session, in order that the proper steps may be taken by that body for carrying into effect the measures herein set forth. On motion of Mr. Crawford of Greene, the foregoing substitute and original Preamble and Resolutions, w T ere re- ferred to a Committee of seven, to report thereon, to-wit : Messrs. Crawford of Greene, Fouche, Means, Munnerlyn, Rice, Hull, and SafFold. Mr. Wofford offered the following Preamble and Resolu- tions, which were taken up, read, and adopted : Whereas, Under the Government of the United States prior to the secession of Georgia there has been annually paid to the Pensioners resident in said State a sum of money amounting to about twenty-three thousand dollars : 1st, Resolved, That this Convention urge the Congress of the Confederate States to make immediate provision for the payment of the Pensioners resident in this State, the amounts heretofore allowed them by the Government of the United States. 2nd, Resolved, That the Secretary communicate the above to the Congress of the Confederate States. Mr. Shropshire of Floyd, fr om the Committee on Reduc- tion of the General Assembly of this State, to whom was committed, and recommitted, all the measures proposed in the Convention for that purpose, reported the following: JOURNAL OF THE AN ORDINANCE To alter and amend the 3rd, 4th, 7th, and 8th Sections of the 1st Article of the Constitution of the State of Georgia, and for other purposes. 1st, Be it Ordained, by the People of Georgia, in Convention assembled, and it is hereby Ordained and. Declared, by the authority of the same. That from and after the adoption of this Ordinance, the third Section of the first Article of the Constitution of this State, shall be so altered and amended, as to read as fol- lows, to- wit: Each Congressional District in this State shall be known as a Senatorial District, by the same number which designates it as a Congressional District. The Senate of Georgia shall be composed of forty Senators and no more ; five to be chosen from each of said Districts by the legal- ly qualified voters thereof, biennially, on the first Wednes- day in October, until the day of election is altered by law. 2nd, Be it farther Ordained, by the authority aforesaid, That the fourth Section of the first Article of the Constitu- tion of Georgia shall be so altered and amended as to read as follows, to-wit : No person shall be a Senator who shall not have attained to the age of twenty-five years, and been five years a citi- zen of this State, and shall have usually resided within the district from which he shall be returned, at least one year immediately preceding his election, except persons who have been absent on lawful business of this State, or ol the Confederate States of America. 3rd, Be it further Ordained, That the seventh Section of the first Article of the Constitution of this State shall be so altered and amended, as to read as follows, to-wit : The House of Representatives shall be composed of eighty-five members, and no more. Eleven from the first Congressional District; thirteen from the second District ; ten from the third District ; eleven from the fourth Dis- trict; twelve from the fifth District; ten from the sixth District ; nine from the seventh District ; and nine from the GEORGIA CONVENTION. 145 eighth District. Said members to be elected, biennially, by the legally qualified voters of each District, respectively, on the first Wednesday in October, until the day of election is altered by law. 4th, Be it further Ordained, That the eighth Section of the first Article of the Constitution of this State be so altered and amended as to read as follows, to-wit : No person shall be a Representative who shall not have attained the age of twenty-one years, and have been a citi- zen of the State of Georgia five years, and have usually resided in the District in which he shall be chosen one year immediately preceding his election, unless he shall have been absent on the public business of this State, or of the Confederate States of America. 5th, Be it further Ordained, That the foregoing altera- tions and amendments shall not be so construed as to vacate the commission of any member of the present General Assembly of Georgia. The Report was taken up and read, when Mr. Shrop- shire of Floyd moved to print 500 copies of the same for the use of the Convention. Mr. Hansell moved to lay the Report on the table till the 25th day of December next. Upon which motion a discussion ensued, pending which, on motion of Mr. Hansell, the Convention adjourned till eleven o'clock Monday morning. MONDAY, MARCH 11, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Clarke. A quorum being present, the journal was read. The unfinished business of Saturrday, to-wit: the con- sideration of Mr. Harvell's motion to lay upon the table, until the 25th day of December next, the report of Mr. Shropshire of Floyd, from the "Committee on Reduction 10 146 JOURNAL OF THE of the General Assembly," was taken up and discussed ; when the question being put, On motion of Mr. Fouche, the yeas and nays were de- manded to be recorded, on agreeing to the motion, and are yeas 54, nays 206, to-wit : Those who voted in the affirmative are Messrs; : Adams of Camden, Bozeman, Brewton, Cannon of Rabun, Cannon of Wayne, Carswell, Cochran of Wilkinson, Corn, Fain, Farns worth, Fitzpatrick, Fort of Wayne, Frier, Gaulden, Oholston, Hall, Hammond, Hansell, Harris of Glynn, H arris of Mcintosh, Henderson, Hendry, Herrington, Huggins, Jones of Chatham, Kimsey, Lamb, Lattimer of Appling, Lattimer of Montgomery, Low, Mabry of Berrien, McDonald, McGrifF, McRae, Mershon, Mounger, Pickett, Prescott, Pruett, Ramsey of Clinch, Ramsey of Muscogee, Rice, Richardson of Twiggs, Sirmons, Sisk, Stephens of Hancock, Stephens of Pierce, Strickland of Tatnall, Styles, Tomlinson, Tucker of Colquitt, Usry, Williams of Mcintosh, Young of Irwin. Those who voted in the negative are Messrs. Adams of Putnam, Alexander of Fulton, Alexander of Upson, Algood, Allen, Anderson, Arnold, Banks, Bell of Banks, Beall of Forsyth, Beall of Troup, Benning, Black, Bo wen, Briggs, Briscoe, Brown of Marion, Brown of Webster, Bryan, Burch, GEORGIA CONVENTION. 147 Bush, Byrd, Calhoun, Cantrell, Carson, Casey, Cheshier, Clarke, Cleveland, Cochran of Terrell, Cody, Coleman, Collins, Colquitt, Cox, Crawford of Greene, Dabney, Daniel, Davis of Chattahoochee, Davis of Putnam, Davenport of Clay, Day, Dennis, Deupree, Dewberry, Dickerson; Douglass, Dozier, Fleming, Flewellen, Fields, Ford, Fort of Stewart, Fouche, Freeman, French, Furlow, Gardner, Garvin, Gee, Glenn of Fulton, Glenn of Oglethorpe, Glover, Giles, Gordon, Graham, Gresham, Gunn. Hale, Hamilton, Hargroves, Harville, Harris of Hancock, Harris of Merriwether, Harvey, Hawkins, Head, Hendricks, Hill of Hart, Hilliard, Hines, Hood, Hoyal, Hudson of Gwinnett, Hudson of Harris, Hull, Hust, Jennings, Johnson of Clayton, Johnson of Hall, Johnson of Jefferson, Johnson of Oglethorpe, Jones of Burke, Jordan, Kenan, Ketchum, Kill gore, Kirkland, Knox, Lamar of Lincoln, Lester, Lindley, Logan, Long, Lyle, Mabry of Heard, Mallary, Marshall, Martin of Elbert, Martin of Lumpkin, Martin of Meriwether, McConnell of Catoosa, McConnell of Cherokee, McCulloch, McDaniel, McLain, :S JOUENAL C Means, Milton,' Mitchell, Moore of Bulloch, Moor of Spalding, Montgomery, Morrow, Munnerlyn, Neal of Columbia, Neal of Talbot, Newton, Overstreet, Padget, Pariss, Patterson, Patrick, Perkins, Phinizy of Monroe, Phinizy of Richmond, Pierce, Pinson, Pittman, Poe, PofFord, Ponder, Poullain, Price, Reed, Reese, Reynolds, Richardson of Lee, Robinson, Roddey, Rutherford, Saffold, Sharman, Sharpe, Sheffield of Calhoun, Sheffield of Early, Shropshire of Chattooga, Shropshire of Floyd, Slater, Skelton, Simmons of Pickens, Simms, So the motion was lost. Leave of absence was grants p THE Singleton, Smith of DeKalb, Smith of Johnson, Smith of Talbot, Solomons, Spencer, Spence, Stapleton, Starr, Stephens of Monroe, Street, Strickland of Forsyth ? , Taliaferro, Teasley, Thomas of Dooly, Thomas of Whitfield, Ti dwell, Trippe, Troup, Tucker of Laurens, Turner of Hancock, Turner of Wilcox, Varnadoe, Walton, Warner, Waterhouse, Webb, Wellborn, West, Welchel, Whitehead, Wicker, Willingham, Williams of Chattooga, Williams of Harris, Williamson, Willis, Winn of Cobb, Winn of Gwinnett, Wood, Word, Wright, Yates, Yopp. Young of Gordon, d to Messrs. Robertson, of GEORGIA CONVENTION. 149 Wilkes, Burnett, of Clay, Ellington, of Quitman, and Buch- anan, of Early. The Convention then adjourned till eleven o'clock, to- morrow morning. TUESDAY, MARCH 12, 1S61. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Porter. A quorum being present, the journal was read. The President laid upon the table a communication from the Hon. Charles C. Jones, Mayor of the. City of Savannah, and from Col. A. R. Lawton, Commanding at Fort Pulaski, inviting this body to visit that Fort, and advising it that a steamer was provided for that purpose. The communications on motion of Mr. Whitehead, were taken up and read, when Mr. Alexander, of Upson, offered the following resolution : Resolved, That this Convention accept the invitations of the city authorities of Savannah, and of Col. Lawton, in command at Fort Pulaski, to visit that Fort, and that the Convention would indicate Thursday next at 9 o'clock A. M. as the time for said visit. Resolved, That the Secretary of this Convention commu- nicate this acceptance to the city authorities, and to Col. Lawton. Mr. Fouche offered the following ordinance which was read : AN ORDINANCE To transfer to the Government of the Confederate States of America, the occupancy and use of the Forts and Arsenals in this State, and also to turn over to said Government, the arms and munitions of war, found in said Forts and Arsenals at the time of their occupancy by the authori- ties of this State, and for other purposes. Section 1st. Be it ordained by the people of Georgia, in 150 JOURNAL OF THE Convention assembled, That the direction and management of all military affairs in this State, looking to the common defence of this State, and the other States of the Confede- rate States of America, against any attack npon them, or any of them, by any foreign power, shrll be and is hereby transferred to the Government of the Confederate States of America. Sec. 2d. Be it further ordained,. That the Governor of this State be, and he is hereby authorized and directed to trans- fer to the Government of the Confederate States of Ameri- all arms and munitions of war, acquired from the late United States, in the Forts and Arsenals in this State, to- gether with the possession, occupany, and use of said Forts and Arsenals and their appurtenances; andheis hereby furth- er authorized to make the same disposition of any arms or munitions of war belonging to this State, muskets, rifles, and other small arms excepted, taking proper vouchers for all the said arms, munitions of war, and other property so transferred. Messrs. Styles, Spencer, Benning, and Hudson, severally laid upon the table amendments to the report of the Com- mittee on Reduction of the General Assembly, which were read. Mr. Styles laid on the table the following ordinance and and resolution, which were read : AN ORDINANCE To appropriate money for the use of the Confederate States of America. Section 1st. Be it ordained by the people of Georgia in Convention assembled, and it is hereby ordained by the authority of the same, That his Excellency the Governor, be and he is hereby authorized and required to tender to the Government of the Confederate States of America, the sum of five hund- red thousand dollars to be placed in the Treasury of said Government as a common fund for such purposes as circum- stances and the exigencies of the times may demand. GEOKGTA CONVENTION. Sec. 2d. Be it further ordained, That for the purpose of carrying out the foregoing section, his Excellency be fur- ther authorized to issue the bonds of the State in such sums and payable at such time as he shall deem most expedient, bearing seven per centum interest, payable annually. Resolved, That his Excellency the Governor, be and he is hereby authorized and instructed to furnish side arms to all officers of Military Companies, who have or who may hereafter draw arms from the State. Mr. Styles offered the following resolution which was read, and laid on the table. Resolved, That all the plans for the reduction of the Legislature, be printed and referred to the people, and that we recommend that a Convention be held on the -ith day of J uly next, to consider the same. Mr. Warner offered the following resolution, which was taken up, read, and laid on the table. Resolved, That the various propositions reported for the reduction of the members of the Legislature, be recommit- ted to the committee with instructions to report the substi- tute offered by the delegate from Richmond, for the major- ity report of the committee. The regular order of the day, to-wit : the unfinished busi- ness of yesterday, being the report of the Committee on Re- duction, was taken up, the question being on Mr. Shrop- shire's, (of Floyd) motion, to print 500 copies of the same. The motion was withdrawn, when Mr. Johnson, of Clay- ton, offered the following resolution : Resolved, That the question of reduction of the General As- sembly, be made the special order for to-morrow, 12 o'clock. M.. and that 300 copies of the report of the committee, and the substitute to the same, together., with all the amend- ments, be printed for the use of the Convention. The resolution was read. The report of the committee was then taken up by sec- tions. 152 JOURNAL OF THE The first section having been read, Mr. Garvin moved to amend the same, by striking out all after the words " no more" and inserting the following : Four from each Senatorial District. There shall be ten districts, arranged as follows : The Fiest District shall be composed of the counties of Appling, Bryan, Bulloch, Chatham, Camden, Charlton, Clinch, Coffee, Effingham, Emanuel, Glynn, Liberty, Mc- intosh, Montgomery, Pierce, Screven, Telfair, Tatnall, Ware, and Wayne. The Second District shall be composed of the counties of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly, Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes, Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and Worth. The Third District shall be composed of the counties of Chattahoochee, Harris, Muscogee, Marion, Macon, Quit- man, Stewart, Sumter, Schley, Taylor, Talbot, and Web- ster. The Fourth District shall be composed of the counties of Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Lau- rens, Putnam, Pulaski, Twiggs, and Wilkinson. The Fifth District shall be composed of the counties of Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson, Lincoln, Richmond, Warren, Wilkes, and Washington. The Sixth District shall be composed of the counties Clark, Elbert, Franklin, Green, Hart, Madison, Morgan, Newton, Oglethorpe, Taliaferro, and Walton. The Seventh District shall be composed of the counties of Butts, Clayton, Fayette, Henry, Merriwether, Monroe, Pike, Spalding, Troup, and Upson. The Eighth District shall be composed of the counties of Campbell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haral- son, Heard, Paulding, and Polk. The Ninth District shall be composed of the counties of Banks, Cherokee, Dawson, Forsyth, Gwinnett, Haber- sham, Hall, Jackson, Lumpkin, Milton, Pickens, Rabun, Towns, Union, and White. GEORGIA CONVENTION. 153 The Tenth District shall be composed of the counties of Cass, Catoosa, Chattooga, Dade, Fajmin, Floyd, Gordon, Gilmer, Murray, Walker, and Whitfield. At the first election held under this ordinance, there shall be fouf Senators elected from each Senatorial District,two of whom shall hold their office for two years, and two for four years ; and the first Senator elected for each district, shall be divided into two classes by lot, as soon as the Senate shall convene and organize. At every subsequent election which shall be held biennially, each district shall elect two Senators who shall hold their office for four years. After each future enumeration of the inhabitants of the State, made under the laws and constitution thereof, the General Assembly, at its next session, may re-arrange the foregoing Senatorial Districts in such manner as will, as nearly as prac- ticable, give to each an equal representative popula- tion. Mr. Clarke offered as an amendment and substitute for both, the following : The Senate shall consist of forty-four members, and the State shall be divided into twenty-two Senatorial Districts, each of which shall consist of six contiguous counties, to be arranged by the General Assembly, and be entitled to two Senators, both of whom shall not be chosen from any one county. When a new county is organized, it shall, by the General Assembly be added to some district which it may adjoin, and in such event, such district may consist of more than six counties. If the act organizing any county shall be repealed, the district which embraced said county may contain less than six counties. Mr. Johnson, of Hall, introduced a resolution that the several plans for the reduction of the Legislature, be laid on the table for the present, but before the decision of which, a motion to adjourn was offered and carried; accordingly, after granting leave of absence to Mr. Anderson of Chatham, the Convention adjourned till 10 o'clock to-morrow mom- ma-. 154 JOURNAL OF THE WEDNESDAY, MARCH 13, 1861. The Convention met persuant to adjournment, and was opened with prayer by the Rev. Dr. Rosenfeld. A quorum being present, the Journal was read. Mr. Robinson of Macon offered the following Resolu- tion : Resolved, That no delegate of the Convention shall be allowed to draw his per diem pay for the day the Convention visits Fort Pulaski. The Resolution was read. On motion of Mr. Fouche, the Ordinance introduced by him on yesterday, "To transfer to the Government of the Confederate States of America, the occupancy and use of the Forts and Arsenals in this State, and also to turn over to said Government the arms and munitions of war found in said Forts and Arsenals at the time of their occupancy by the authorities of this State, and for other purposes," was referred to the Committee on Military Affairs. Mr. T id well, from the Special Committee of seven, made the following REPORT : The Special Committee to whom was referred the original Resolutions, together with the several amendments, tendering the thanks of the Convention to the President and Directors of the Central and other Rail Road Com- panies ; and also to the city authorities of Savannah, for their kindness and liberality to the Convention, beg leave to offer for the consideration of the Convention, the fol- lowing Resolutions, as a substitute, and in lieu of said original and amendments : Resolved, That the thanks of this Convention are due and hereby tendered to the Presidents and Directors of the Central, South-Western, Savannah & Augusta, Atlantic & Gulf, and the Savannah, Albany & Gulf Railroads, for their kindness and liberality in passing all the delegates and officers of this Convention who traveled over their respec- tive roads, free of charge, and to the officers of the Savan- nah, Albany & Gulf and Atlantic & Gulf Railroad, f©r GEORGIA CONVENTION. 155 their liberality in returning delegates, free of charge, from the late session of this Convention at Milledgeville. Also, to the Mayor and Aldermen of the city of Savannah, for furnishing the Convention, free of charge, with a large and comfortable Hall. Your committee cannot, although not specially charged with the duty, withhold an expression of their gratitude to the officers of those Railroads who have so generously and patriotically passed recruits to the army over their roads, free of charge, or for a mere nominal sum. Such acts of patriotism extended to those who make a voluntary tender of their services and offer their lives, (if necessary,) in de- fense of an insulted, injured, and oppressed people — should have a place in the history of the country, as well as entitle such companies to the confidence and support of a generous people. Resolved, That the Presidents, Directors and Superin- tendents of said Railroads, together with the Mayor and Aldermen of the city of Savannah, be, and they are hereby invited to seats in this Convention, w T hen not in secret ses- sion. Resolved, That the Secretary give notice of these Resolu- tions to the Presidents of said roads, and the Mayor of the city. On motion of Mr. Tidwell, the rule w r as suspended, and the Report was taken up, read, and adopted. The President laid upon the table a telegraphic dispatch from the Hon. Howell Cobb, President of the Congress of the Confederate States of America, dated at Montgomery, the 12th instant, in which he advised the President of this Convention, that he had mailed to him a copy of the Con- stitution ; which was taken up and read. On motion of Mr. Reese, the rule was suspended, w T hen he introduced the following Resolution, which was taken up, read, and adopted: Resolved, That the Committee on Printing be, and they are hereby instructed, so soon as an authenticated copy of the permanent Constitution adopted by the Congress at Montgomery, shall be received by the President of this 156 JOURNAL OF THE Convention, to have 500 copies of the same printed for the use of the Convention. The Resolution of Mr. Johnson of Hall, to lay all mat- ters in relation to Reduction, on the table, being first in order, was taken up and the Resolution was lost. The amendment of Mr. Clarke to Mr. Garvin's amend- ment of the first section of the Ordinance reported by the Committee on Reduction, and substitute for both the amendment and original, being next in order, was taken up. Mr. Clarke moved for a division of the subject matter of his amendment and substitute, to-wit : to strike out for the present in his proposition, the words "to be arranged by the General Assembly," and to consider first the remainder of his amendment. The motion to "strike out" and divide prevailed. Mr. Chastain moved to strike out "twenty-two" — the number of Senatorial Districts proposed — and insert "forty- four." Mr. Stapleton moved to divide that motion— first to put the question upon striking out; and second, upon insert- ing. The motion prevailed. And the motion to "strike out" twenty-two, the number of Senatorial Districts, also prevailed. Mr. Chastain moved to fill the blank with "forty-four," as the number of Senatorial Districts. The motion prevailed. The amendment and substitute was further amended by striking out the word "six," wherever it occurred, and in- serting "three;" also to strike out "two Senators," and insert "one Senator." The question then came up on the adoption of the amend- ment and substitute, ' when the yeas and nays were de- manded to be recorded. There are yeas 173, nays 100, to-wit • Those who voted in the affirmative, are Messrs. Adams of Camden, Banks, Alexander of Upson, Bartow, Algood, Beasley, Allen, Bell of Banks, 6 EOB G I A CONVEXTI 0 X . 157 Black. Gee, Bowen. Gholston. Bozeman, Giles, Brewton, Gordon, BriggS; Gunn, Briscoe. Hale. Brown of Houston. Hall, Brown of Webster. Hammond, Bryan, Hansell, Bush, Harvill. Butts, Harris of Glynn, Cannon of Babun, Harris of Mcintosh, Cannon of Wayne, Hawkins, Carson, Henderson, Carswell, Hendry, Chastain, Hendricks, Che shier, Herrin2ton. Clarke, ' Hill of Hart. Cieaveland, Hiiliard, Cochran of Terrell, Hines. Cochran of Wilkinson, Hoval. Coleman, Hood. Colquitt, Howell. Corn, Hudson of Gwinnett, Cox, Huggins, Daniel, Hust. Davis of Cbattaooochee, Jackson, Davenport of Clay. Johnson of Clayton, Davenport of Sumter. Johnson of Jefferson, Day, Jones of Chatham. Dennis, Jordan, Deupree. Kimsey. Douglass. Kirkland, Dozier, Lamb. Fain, Lattiiner of Appling. Farnsworth, La t rimer of Montgomery, Flemmir. Lester. Flewellen. Logue, Fields, LyTe. Fitzpatrick. Mabrv of Berrien, Ford, Mallarv. Fort of Stewart, Marshall, Fort of Wayne, Martin of Elbert, Frier. McConnell of Catoosa, French, McConneU of Cherokee, Furlow, McCulloch, Gaulden, McDonald. Gardner. McGrnf, 158 JOURNAL OF THE McLain, McLeod, McRae, Mershon, Milton, Mitchell, Moore of Bulloch, Morrow, Mounger, Munnerlyn, Overstreet, Padget, Paris, Patterson, Pickett, Pitts, Pofford, Ponder, Porter, Prescott, Price, Pruett, Ramsey of Clinch, Reed, Richardson of Lee, Richardson of Twiggs, Robinson, Roddey, Rutherford, Sheffield of Calhoun, Sheffield of Early, Slater, Skelton, Simmons of Pickens, Simms, Those who voted in the Adams of Putnam, Alexander of Fulton, Arnold, Bell of Forsyth, Beall of Troup, Benning, Brown of Marion, Burch, Byrd, Calhoun, Casey, Sirmons, Sisk, Smith of Charlton, Smith of Johnson, Smith of Talbot, Solomons, Spencer, Stapleton, Stephens of Monroe, Stephens of Pierce, Strickland of Tatnall, Styles, Taliaferro, Teasley, Thomas of Dooly, Tillman, Tomlinson, Troup, Tucker of Colquitt, Tucker of Laurens, Turner of Wilcox, Usry, Webb, Wellborn, West, Whelchel, Whitehead, Williams of Mcintosh, Williamson, Winn of Cobb, Winn of Gwinnett, Yates, Yopp, Young of Irwin. negative are Messrs. Collins, Crawford of Greene, Crawford of Richmond. Dabney, Davis of Putnam, Dewberry, Dickerson, Fouche, Freeman, Garvin, Glenn of Fulton, GEORGIA CONVENTION. 159 Glenn of Oglethorpe, Glover, Graham, Gray, Gresham, Haines, Hamilton, Hargroves, Harris of Hancock, Harris of Merriwether, Harvey. Head, Hill of Troup, Hudson of Harris, Hull, Jennings, Johnson of Hall, Johnson of Oglethorpe, Jones of Burke, Kenan, Ketchum, Kill gore, Knox, Lamar of Lincoln, Lamar of Bibb, Low, Lindley, Logan, Long, Mabry of Heard, Man son, Martin of Lumpkin, Martin of Merriwether, McDaniel, Means, Moor of Spalding, Montgomery, Neil of Columbia, Neil of Talbot, Newton, Patrick, Phinizy of Monroe, Phinizy of Richmond, Pierce, Pinson, Pittman, Poe, Poullain, Ramsey of Muscogee, Reese, Reynolds, Rice, Shannon, Sharpe, Shell, Shropshire of Chattooga, Shropshire of Floyd, Singleton, Spence, Starr, Stephens of Hancock, Street, Strickland of Forsvth, Thomas of Whitfield, Tidwell, Trippe, Turner of Hancock, Walton, Warner, Wicker, Willingh'am, Williams of Chattooga, Williams of Harris, Willis, Wood, Word, Wright, Young of Gordon. So the amendment and substitute, as amended, to- wit: "The Senate shall consist of forty-four members, and the State shall be divided into forty-four Senatorial Dis- tricts, each of which shall consist of three contigious coun- ties, and shall be entitled to one Senator. When a new county is organized, it shall, by the General Assembly, be added to some District which it may adjoin, and, in such event, such District may consist of more than three coun- 160 JOURNAL OF THE ties. If the Act organizing any county shall be repealed, the District which embraced said county, may contain less than three counties;" was adopted in lieu of the original and the substitute of Mr. Garvin. Mr. Roddey moved that the Senatorial Districts bear- ranged and organized by a Committee of this Convention, when Mr. Styles offered the following Resolution, which was accepted by Mr. Roddey, in lieu of his motion, to-wit : Resolved, That the substitute just passed, be referred to a Committee of twenty-four, three from each Congressional District, who shall arrange the Districts, and report by Ordinance, in accordance therewith. The Resolution was adopted. Mr. Styles offered the following Resolution : Resolved, That the subject of reducing the House of Rep- resentatives, and all Ordinances thereto relating, be laid upon the table. The Resolution was read. He then moved to take up the same, which motion was lost. On motion of Mr. Alexander of Fulton, the Convention then adjourned till eleven o'clock, Friday morning. • FRIDAY, MARCH 15, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Axson. A quorum being present, the journal was read, w T hen Mr. Hill, of Troup, moved to reconsider so much of the pro- ceedings of yesterday as relates to the ordinance reported by the Committee on the Reduction of the General Assem- bly. The motion to reconsider was lost. A message was received from his Excellency, the Gover- nor, through Mr. Waters, his Secretary, which, on motion of Mr. Bartow, was laid on the table until the Convention convened in secret session. Georgia c unrEirraox. 101 The President laid on the table the following communi- cations : Is:. A communication from the Hon. Howell Cobb. Pre- sident of the Congress of the Confederate Stares of Amer- ica, enclosing a certified copy of the " Constitution of the Confederate States of America.*" adopted March 11. 1861, to-wit : (which said communication was ordered to be placed in true appendix of the journal of this Convention.) CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA, We. the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal Government, establish justice, insure domestic tranqility and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America. ARTICLE I. Section 1. All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representative?. Section -2, i: The House of Representatives shall be composed of members chosen every second year by the people of the several States : and the electors in each State shall be citi- zens of the Confederate States, and have the qualifications requisite for electors ol the most numerous branch of the State Legislature ; but no person of foreign birth, not a 11 162 JOURNAL OF THE citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal. 2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elect- ed,, be an inhabitant of that State in which he shall be chosen. 3. Representatives and Direct Taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Con- federate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Rep- resentative ; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six — the State of Georgia ten — the State of Alabama nine — the State of Florida two — the State of Mississippi seven — the State vOf Louisiana six, and the State of Texas six. 4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speak- er and other officers ; and shall have the sole power of im- peachment ; except that any judicial or other federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof. Section 3. 1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the legislature thereof, at the regular session next immediately preceding the commencement of the term of service ; and each Senator shall have one vote. GEORGIA CONVENTION. 163 2. Immediately after they shall be assembled, in conse- quence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the sec- ond year ; of the second class at the expiration of the fourth year ; and the third class at the expiration of the sixth year ; so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such va- cancies. 3. No person shall be a Senator who shall not have at- tained the age of thirty years, and be a citizen of the Con- federate States ; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. 4. The Vice-President of the Confederate States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers ; and also a President pro tempore in the absence of the Yice-President, or when he shall exercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Con- federate States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment, in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law. Section 4. 1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, subject to the pro- visions of this Constitution; but the Congress may, at any 164 JOURNAL OF THE time, by law, make or alter such regulations, except as to the times and places of choosing Senators. 2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. Section 5. 1. Each House shall be judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide. 2. Each House may determine the rules of its proceed- ings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment require secresy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Section 6. 1. The Senators and Representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States, They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office GEORGIA CONVENTION. 165 under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding -any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department. Section 7. 1. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States ; if he approve, he shall sign it; but if not, he shall return it with his objections to that House in which it shall have originated, who shall enter the ob- jections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall like- wise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays., and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been pre- sented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return ; in w T hich case it shall not be a law. The President may approve any appropriation and dis- approve any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropria- tions disapproved ; and shall return a copy of such appro- priations, with his objections, to the House in which the bill shall have originated ; and the same proceedings shall then be had as in case of other bills disapproved by the President. 166 JOURNAL OF THE 3. Every order, resolution or vote, to which the concur- rence of both Houses may be necessary (except on a ques- tion of adjournment) shall be presented to the President of the Confederate States ; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re-passed by two-thirds of both Houses ac- cording to the rules and limitations prescribed in case of a bill. Section 8. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common defence, and carry on the government of the Con- federate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States : 2. To borrow money on the credit of the Confederate States : 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; but neither this, nor any other clause contained in the constitu- tion, shall ever be construed to delegate the power to Con- gress to appropriate money to any internal improvement intended to facilitate commerce ; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof : 4. To establish uniform laws of naturalization, and uni- form laws on the subject of bankruptcies, throughout the Confederate States, but no law of Congress shall discharge any debt contracted before the passage of the same : 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States : GEORGIA CONVENTION. 167 7. To establish post offices and post routes ; but the ex- penses of the post office department, after the first day of March, in the year of our Lord eight hnndred and sixty- three, shall be paid out of its own revenues : 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States, respec- tively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases what- soever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the accep- tance of Congress, become the seat of the Government of the Confederate States ; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: and 13. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Confederate States, or in any depart- ment or officer thereof. 163 JOURNAL OF THE Section 9. 1. The importation of negroes of the African race, from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby for bidden ; and Congress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the intro- duction of slaves from any State not a member of, or Ter- ritory not belonging to this Confederacy. 3. 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. 4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed. 5. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. (>. No tax or duty shall be laid on articles exported from any State, evcept by a vote of two-thirds of both Houses. 7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another. 8. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President ; or for the purpose of paying its own ex- penses and contingencies ; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investi- gation of claims against the government, which it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made ; and Congress shall grant no GEORGIA CONVENTION. 169 ■extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered. 11. No title of nobility shall be granted by the Confede- rate States ; and no person holding any office of profit or trust under them, shall, without the consent of the Con- gress, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State. 12. Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble and petition the government for a redress of grievances. 13. A well regulated militia being necessary to the secu- rity of a free State, the right of the people to keep and bear arms shall not be infringed. 14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. 15. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized. 16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or in- dictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual ser- vice, in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liber- ty, or property, without due process of law ; nor shall pri- vate property be taken for public use, without just compen- sation. 17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascer- 170 JOURNAL OF THE tained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defence. 18. In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the common law. 19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 20. Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title. Section 10. 1. No State shall enter into any treaty, alliance, or con- federation ; grant letters of marque and reprisal, coin money; make anything but gold and silver coin a tender in pay- ment of debts ; pass any bill of attainder, or ex 'post facto law, or law impairing the obligation of contracts : or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspec- tion laws ; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederate States ; and all such laws shall be subject to the revision and control of Con- gress. 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels ; but such duties shall not conflict with any treaties of the Confederate States with foreign nations ; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall an}^ State keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually GEORGIA CONVENTION. 172 invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof. ARTICLE II. Section 1. 1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice-Pre- sident shall hold their offices for the term of six years ; but the President shall not be re-elisrible. The President and o Vice President shall be elected as follows : 2. Each State shall appoint, in such manner as the legis- lature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States, shall be ap- pointed an elector. 3. The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the cer- tificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no such person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose im- mediately, by ballot, the President. But in choosing the 172 JOURNAL OF THE President, the votes shall be taken by states, the represen- tation from each state having one vote; a quorum for this purpose shall consist of a member or members from two- thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representa- tives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in case of the death, or other constitutional disability of the President. 4. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two high- est numbers on the list the Senate shall choose the Vice- President; a quorum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Confederate States. 6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confed- erate States. 7. No person except a natural-born citizen of the Con- federate States, or a citizen thereof, at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th December, 1860, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resi- dent within the limits of the Confederate States, as they may exist at the time of his election. 8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President ; and the Congress may, by law, pro- vide for the case of removal, death, resignation, or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act GEORGIA CONVENTION. 173 accordingly until the disability be removed or a President shall be elected. 9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them. 10. Before he enters on the execution of his office, lie shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the constitution thereof.'' Section 2. 1. The President shall be commander-in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two- thirds of the Senators present concur; and he shall nomi- nate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and con- suls, Judges of the Supreme Court, and all other officers of the Confederate States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they may think proper, in the President alone, in the courts of law or in the heads of Departments. 3. The principal officer in each of the Executive Depart- ments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of tile the President. All other civil officers of the Executive Department may be removed at any time by the President, 174 JOURNAL OF THE or other appointing power, when their services are un- necessary, or for dishonesty, incapacity, inefficiency, mis- conduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor. 4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by grant- ing commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing re- cess. Section 3. 1. The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them ; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States. Section 4. 1. The President, Vice President, and all civil officers of the Confederate States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. Section 1. 1. The judicial power of the Confederate States shall be vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and estab- lish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compen- sation, which shall not be diminished during their continu- once in office. GEORGIA CONVENTION. 175 Section 2. 1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and mara- time jurisdiction; to controversies to which the Confed- erate States shall be a party ; to controversies between two or more states: between a state and a citizen of another state where the state is plaintiff; between citizens claiming lands under grants of different states ; and between a state or a citizen thereof, and foreign states, citizens or subjects; but no state shall be sued by a citizen or subject of any foreign state. 2. In all cases affecting ambassadors, other public min- isters, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. -3. The trial of all crimes, except in cases of impeach- ment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 3. 1. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two wit- nesses to the same overt act or on confession in open court 2. The Congress shall have power to declare the punish- ment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. 276 JOURNAL OF THE ARTICLE IV. Section 1. 1 . Full faith and credit shall be given in each state to the public acts, records, ard judicial proceedings of every other state. And the Congress may, by general laws, pre- scribe the manner in which such acts, records, and proceed- ings shall be proved, and the effect thereof. Section 2. 1. The citzens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property : and the right of property in said slaves shall not be thereby impaired. 2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No slave or other person held to service or labor in any State or territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharg- ed from such service or labor : but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. Section 3. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representa- tives, and two-thirds of the Senate, the Senate voting by States ; but no new State shall be formed or erected with- in the jurisdiction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislature of the States concerned as well as of the Congress. 2. The Congress shall have power to dispose of and make GEORGIA CONVENTION. 177 all needful rules and regulations concerning the property of the Confederate States, including the lands thereof. 3. The Confederate States may acquire new territory ; and Congress -shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States ; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery as it now exists in the Con- federate States, shall be recognized and protected by Con- gress, and by the territorial government: and the inhabi- tants of the several Confederate States and Territories, shall have the right to take to such territory, -any slaves lawfully held by them in any of the States or territories of the Con- federate States. • *JjJ iLS& *' : h- J ? .-ft'** *..*»*t ••*»•">• K' \ !, t-*r .-r^'f, 4. The Confederate States shall guaranty to every State that now is, or hereafter may become a member of this Confederacy, a republican form of government, and shall protect each of them against invasion ; and on application of the legislature (or of the Executive when the legislature is not in session) against domestic violence. ARTICLE V. Section 1. 1. Upon the demand of any three States, legally assem- bled in their several Conventions, the Congress shall summon a Convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made ; and should any of the proposed amendments to the Constitution be agreed on by the said Convention — voting by States — and the same be ratified by the legislatures of two-thirds of the several States, or by Conventions in two- thirds thereof— as the one or the other mode of ratification may be proposed by the general Convention— they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal represention in the Senate. 12 178 JOURNAL OF THE ARTICLE VI. 1. The Government established by this Constitution is the successor of the Provisional Government of the Con- federate States of America, and all the laws passed by the latter shall continue in force until the same shall be repeal- ed or modified ; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted and engagements entered into be- fore the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as under the Provisional Government. 3. This Constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate "States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the con- stitution or laws of any State to the contrary notwithstand- ing. L The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the Confederate States, and of the several States, shall be bound by oath or affirmation, to support this Constitution : but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States. Hi 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 there- of. ARTICLE VII. 1. The ratification of the Conventions of five States shall be sufficient for the establishment of this Constitution be- tween the States so ratifying the same. When five States shall have ratified this Constitution, GEORGIA CONVENTION. 179 in the manner before specified, the Congress under the Pro- visional Constitution, shall prescribe the time for holding the election of President and Vice President ; and, for the meeting of the Electoral College ; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for as- sembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall con- tinue to exercise the legislative powers granted them ; not extending beyond the time limited by the Constitution of the Provisional Government. EXTRACT FROM THE JOURNAL OF THE CONGRESS. Congress, March 11, 1861. On the question of the adoption of the Constitution of the Confederate States of America, the vote was taken by yeas and nays ; and the Constitution was unanimously adopted, as follows : Those who voted in the affirmative, being, Messrs. Wal- ker, Smith, Curry, Hale, McRae ; Shorter and Fearn, of Ala- bama, (Messrs. Chilton and Lewis being absent) ; Messrs. Morton, Anderson and Owens, of Florida ; Messrs. Toombs, Howell Cobb, Bartow, Msbet, Hill, Wright, Thomas R. II. Cobb and Stephens, of Georgia, (Messrs. Crawford and Ken- an beiag absent) ; Messrs. Perkins, deClouet, Conrad, Ken- ner, Sparrow and Marshall, of Louisiana ; Messrs* Harris, Brooke, Wilson, Clayton, Barry and Harrison, of Mississip- pi, (Mr. Campbell being absent) ; Messrs. Rhett, Barnwell, Keitt, Chesnut, Memminger, Miles, Withers and Boyce, of South Carolina ; Messrs. Reagan, Hemphill, Waul, Greg*?, Oldham and Ochiltree, of Texas, ( Mr. Wigfall being ab- sent.) A true copy : J. J. HOOPER, Secretary of the Congress. Congress, March 11, 1861. I do hereby certify that the foregoing are, respectively, 180 JOURNAL OF THE true and correct copies of " The Constitution of the Con- federate States of America," unamiously adopted this day, and of the yeas and nays, on the question of the adoption thereof. HOWELL COBB, i President ol the Congress. 2d. A communication from Win. J. Vason, Esq., Com- missioner from Georgia to the State of Louisiana, with accompanying documents. 3d. A communication from Samuel Hal], Esq., Commis- sioner from Georgia to the State of North Carolina, with accompanying document. 4th. A communication from A. R. Wright, Esq., Com- missioner from Georgia to the State of Maryland. All of which (Mr. Hull being in the chair) were taken up, read, and ordered to he recorded in the appendix to the to the journal. Mr. Nisbet offered the following resolution, which was taken up, read, and adopted : Resolved, That the Constitution of the Confederate States of America, be the order of the day for to-morrow at 10 o'clock, A. M. Mr. Hawkins offered the following resolution, which was read : Resolved, That a Committee of sixteen, two from each Congressional District as now organized be appointed to arrange ten Congressional Districts for the State upon the basis of the new Constitution, and report at the earliest practicable time. The President announced the following as the Committee of twenty-four, three from each Congressional District, to apportion the Senatorial Districts, and report an Ordinance in accordance therewith, to-wit : Mr. RODDEY, Chairman, from the 3d District. 1st District, Messrs. Varuadoe, j Gaulden, Yopp. GEORGIA CONVENTION. 181 2d District, Messrs. Clarke, Furlow, Dozier. 3rd District, Messrs. Long, Lamar, of Bibb. 4th District, Messrs. Tidwell, Hoyle, Beasley. 5th District, Messrs. Shropshire, of Floyd, Chastain, Dabney. Gth District, Messrs. Hull, Martin, of Lumpkin, McDaniel. 7th District, Messrs. Briscoe, Keese, Fitzpatrick. 8th District, Messrs. Singleton, Neal, of Columbia, Johnson, of Oglethorpe. Mr. Logan offered the following resolution, which was taken up, read, and adopted : Resolved, That the Committee on the " Constitution and Laws of this State, and the Constitution of the United States" be instructed to inquire into the propriety of re- porting an Ordinance to this Convention, consenting to the location of the permanent capitol of the Confederate States of America within the State of Georgia, and granting limited jurisdiction over such portion of territory as may be necessary for that purpose. Mr. Poe offered the following resolution, which was taken up, read, and referred to the Committee on the Constitu- tion and Laws of the State, and the Constitution of the United States, to-wit : Resolved, That when any case shall be called for trial, in any of the Courts of this State, if it shall be made to ap- pear that either party is unprepared to proceed to trial by reason of said party or his counsel being, or having been engaged in the military service of this State, or of any of 1S2 JOURNAL OF THE the States of this Confederacy, then, and in that case, it shall be the duty of the presiding Judge, or Justices, to continue said case generally. Leave of absence was granted to Messrs. Flewellen, Strother, Turner of Hancock, Patterson, Giles, Beck,, Moore, of Bulloch, and Dennis. On motion of Mr. Varnadoe, the Convention then went into secret session, and having spent some time therein, it adjourned till ten o'clock, to-morrow morning. SATURDAY, MARCH 16, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Baker. A quorum being present, the Journal was read. On motion of Mr. Nisbet, the doors were closed, and the Convention went into secret session, j On motion of Mr. Stephens, of Taliaferro, the Constitu- tion adopted unanimously by the Congress of the Confed- erate States of America, at Montgomery, March 11, 1861, and submitted to this Convention of the People of Geor- gia for ratification, was taken up and read. Mr. Alexander, of Upson, offered the following resolu- tion : Resolved, That the ConstitutioE adopted by the Congress at Montgomery on the 11th day of March, 1S61, for the permanent government of the Confederate States of Amer- ica, be referred to a committee of seven, with instructions to frame and report, during this morning's session, an Or- dinance to accept and ratify the same for the State of Georgia. The resolution was taken up, read and adopted. The President announced the following, as the commit- tee of seven under the foregoing resolution, to-wit : GEORGIA CONVENTION. 183 Messrs. Alexander, of Upson, Fleming, Rice, Crawford, of G-reene. AVarner, Clarke and Reese. Mr. Clarke offered the following' resolution, which was taken up, read, and adopted : Resolved, That a committee of three be appointed by the President to report to this body the number of Journ- als of the proceedings of this Convention to be published tor distribution, together with the manner of printing and binding ; and to report, also, upon the compensation to be allowed the Secretary and his assistant for their services. Whereupon the President announced the following as the committee under the foregoing resolution, to- wit : Messrs. Clarke, Bartow and Chastain. Mr. Carswell, from the Committee on Accounts offered the following resolution, which was taken up and read: Resolved, That the members of this Convention be al- lowed mileage to and from this Convention at its second session, the distance to be computed to MilledgeviJle. Mr. Martin, of Lumpkin, offered the following, as a sub- stitute therefor : Resolved, That the State Treasurer be instructed to set- tle with the Delegates of this Convention, their per diem pay and mileage from their residences the most direct route to and from Savannah, for the second session of this Convention. Mr. Styles moved the "previous question," which being seconded and sustained, the main question, to-wit : the adoption of Mr. Carswell' s resolution, was put when the yeas and nays were demanded to be recorded. The yeas are 150, nays 106, to-wit ; 184 JOURNAL OF THE Those who voted in the affirmative are Messrs. Alexander of Fulton, Arnold, Beall of Banks, Bell of Forsyth, Beall of Troup, Blalock, Bowen, Brown of Houston, Burch, Bush, Butts, Byrd, Cannon of Rabun, Cannon of Wayne, Cantrell, Carswell, Chastain, Cheshier, Cleveland, Cochran of Terrell, Coleman, Collins, Corn, Cox, Davis of Chattahoochee, Davenport of Sumter, Day, Deupree, Dewberry, Dickerson, Fain, h arnsworth, Fitzpatrick, Ford, Fort of Wayne, Fouche, Freeman, French, Garvin, Glenn of Oglethorpe, Glover, Gordon, Graham, Hall, Haines, Hamilton, Hammond, Hargroves, Harris of Glynn, Harris of Mcintosh, Harris of Meriwether, Hawkins, Head, Henderson, Hendricks, Hill of Hart, Hoyal, Howell, Hudson of Gwinnetfc, Huggins, Hust, Jackson, Johnson of Clayton, Johnson of Hall, Johnson of Jefferson, Jones of Burke, Ketch um, Kimsey, Kirkland, Lamar of Lincoln, Lamb, Lattimer of Appling, Lattimer of Montgomery, Low, Long, Mabry of Berrien, Manson, Martin of Elbert, Martin of Lumpkin, Martin of Merriwether, McConnell of Catoosa, McCulloch, McLain, McLeod, Mershon, Milton, Moor of Spalding, Mounger, Munnerlyn, Neal of Columbia, Newton, Nisbet, GKE ORGIA C OX VEXTIOX . IBS Overstreet, Padget, Patrick, Perkins, Phinizy of Monroe, Pickett. Pierce, Pin son. Pofford, Prescott, Price, Ppuett, Ramsey of Clinch, Rarnsev of Muscogee. Reed, t Richardson of Lee, Roddey, Rutherford. Sheffield of Calhoun. Shell, Skelton, Simmons of Pickens, Singleton, Sirmons, Sisk, Smith of Charlton, Smith of DeKalb, Smith of Johnson, Stapleton, Starr, Stephens of Hancock, Stephens of Monroe, Stephens of Pierce, Street, Styles, Taliaferro, Tidwell, Tillman, Tomlinson. Troup, Tucker of Colquitt. Tucker of Laurens, Turner of Wilcox, Walton, Waterhouse. Webb, Wellborn, West, \\ helchel, Wicker, Williams of Chattooga, Williams of Mcintosh. Williamson, Wood, Wright, Yates, Young of Gordon. Young of Irwin. Those who voted in the negative are Messrs. Adams of Camden, Adams of Putnam, Algood, Banks, Beaslev. Bennins:, Black, ~ Brew ton, Briscoe, Brown of Marion, Brown of Webster, Buchanan, Bullard, Burnett, Calhoun, Carson, Casev, Clarke, Cochran of Wilkinson, Cobb, Cody, Colquitt, Crawford of Richmond, Dabney, Daniel, Davis of Putnam, Davenport of Clay, Douglass, Dozier, Ellington, Fields, Fort of Stewart, Frier, Furlow, 186 JOURNAL OF THE Gardner, Gee, Gliolston, Glenn of Fulton, Gray, Gunn, Hale, Harvill, Harris of Hancock, Harvey, Hendry, Herrington, Hilliard, Hood, Hudson of Harris, Hull, Jennings, Johnson of Oglethorpe, Jones of Chatham, Jordan, Kenan, Killgore, Knox, Lamar of Bibb, Lester, Lindley, jOgan, Logue, Lyle, Mallary, Marshall, McConnell of Cherokee, McDaniel, McRae, Means, Mitchell, Montgomery, Neal of Talbot, Paris, Phinizy of Richmond, Pitt man, Poe, Ponder, Porter, Poullain, Reynolds, Rice, Robinson, Sherman, Sharpe. Sheffield of Early, Shropshire of Floyd, Slater, Simms, Smith of Talbot, Solomons, Spence, Stephens of Taliaferro, Strickland of Forsyth, Strickland of Tatnall, Thomas of Dooly, Thomas of Whitfield, Trippe, Usry, Varnadoe, Whitehead, Willingham, Williams of Harris, Willis, Winn of Cobb, Winn of Gwinnett, Word, So the resolution was adopted. Mr. Stephens, of Taliaferro, laid on the table the follow- ing ordinance AN ORDINANCE Additional to a previous ordinance of the Convention on the subject of citizenship. Be it ordained by the people of Georgia in sovereign Convention assembled, That all white persons resident in the State at the time GE ORG I A G 0 X VEXTI OX . 1S7 of the secession of the State from the United States, with the bona fide intention of making it the place of their abode, shall be considered as citizens of this State without refer- ence to the place of birth : Providal. that any person not born in this State, can except hi in or herself from the ope- ratiun of this ordinance by a declaration in any Court of Record in the State within three months from this date that he or she does not wish to be considered a citizen of this State. On motion of ttf* Stephens (of Taliaferro) the ordinance was taken up, read twice, and adopted. Mr. Cobb offered the following resolution: Resolved, That the Committee on the Constitution and Laws be instructed to revise the Constitution of the State of Georgia, and report the same to this Convention, with such alterations and amendments as they may recommend for adoption. The resolution was taken up and read, when Mr. Clarke offered the following amendment : " But the subject of reduction being now before the Con- vention is not submitted to said committee until after the final action of this Convention on that subject." The amendment was received, and the resolution, as amended, was adopted. Mr. Alexander, of Upson, from the Committee of Seven, who were instructed to report this morning an ordinance to adopt and ratify the Constitution of the Confederate States of America, reported the following : ORDINANCE To adopt and ratify the Constitution of the Confederate States of America. Be it ordained by the people of Georgia in Convention assembled, and it is hereby ord.ained by the authoritii of the same, That the Constitution adopted by the Congress at Mont- gomery, in the State of Alabama, on the eleventh day of 1S8 JOURNAL OF THE March, in the year of our Lord one thousand eight hun- dred and sixty-one, for the " permanent federal government" of the Confederate States of America, be, and the same is hereby adopted and ratified by the State of Georgia, " act- ing in its sovereign and independent character." Mr. Stephens, of Taliaferro, moved to take up and agree to the report, upon which motion Mr. Hull demanded that the yeas and nays be recorded. ^ , * • There are yeas 276 ; nays none. Those who voted in the affirmative are Messrs. Adams of Camden, Adams of Putnam, Alexander of Fulton, Alexander of Upson, Algood, Arnold, Banks, Bartow, Beasley, Bell of Banks, Bell of Forsyth, Beall of Troup, Benning, Black, Blalock, Bo wen, Bozeman, Brewton, Briggs, Briscoe, Brown of Houston, Brown of Marion, Brown of Webster, Bryan, Buchanan, Bullard, Burch, Burnett, Bush, Butts, Calhoun, Cannon of Rabun, Cannon of Wayne, Cantrell, Carson, Carswell, Casey, . Ch as tain, Cheslner, Clarke, Cleveland, Cochran of Terrell, Cochran of Wilkinson, Cobb, Cody, Colemail, Collins, Colquitt, Corn, Cox, Crawford of Greene, Crawford of Richmond, Dabney, Daniel, Davis of Chattahoochee, Davis of Putnam, Davenport of Clay, Davenport of Sumter, Day, Deupree, Dewberry, Dickerson, Douglass, Dozier, Ellington, Fain, Farns worth, Fleming, GEORGIA CONVENTION. 189 Fields, Fitzpatrick, Ford, Fort of Stewart, Fort of Wayne, Fouche, Freeman, Frier, French, Furlow. Gaulden. Gardner Garvm, Gee. Gholston. Glenn of Fulton, Glenn of Oglethorpe. Glover, Gordon, Graham, Gray, Gunn, Hale, Hall, Haines, Hamilton, Hammond. Hansell, Ha rg roves, Harville, Harris of Glynn, Harris of Hancock, Harris of Mcintosh, Harris of Meriwether, H arvey , Hawkins, Head, Henderson, Hendry, Hendricks, Herrin^ton, Hill of Hart, Hill of Troup, Hilliard, Hood. Hoval, Howell, Hudson of Gwinnett. Hudson of Harris. Huggins. HulL Humphries, Hust, Jackson. Jennings, Johnson of Clayton, Johnson of Hall. Johnson of Jefferson, Johnson of Oglethorpe, Jones of Burke, Jones of Chatham, Jordan. Kenan, Ketchum, Killgore, Kimsev. Kirkland, Knox, Lamar of Lincoln, Lamar of Bibb, Lamb. Lattimer of Appling, L a 1 1 i m e r o f M o n t g o m e ry , Low, Lester, Lindley, Logan, Logue, Long, Lyle, Mabry of Berrien, Mabrv of Heard, Mallary, Manson, Marshall, Martin of Elbert, Martin of Lumpkin, Martin of Meriwether, McConnell of Catoosa, McConnell of Cherokee, McCulloch, McDaniel, Mc Griff, McLain, McLeod, MeRae, 190 JOURNAL OF THE Means, Mershon, Milton, Mitchell, Moore of Bulloch, Moor of Spalding, Montgomery, Morrow, Mounger, Munnerlyn, Neal of Columbia, Neal of Talbot, Newton, Nisbet, Overstreet, Padget, Paris, Patrick, Perkins, Phinizy of Monroe, Phinizy of Richmond, Pickett, Pierce, Pinson, Pittman, Pitts, Poe, Pofford, Ponder, Porter, Poullain, Prescott, Price, Pruett, Ramsey of Clinch, Ramsey of Muscogee, Reed, Reese, Reynolds. Rice, Richardson of Lee, Robinson, Roddey, Rutherford Saffold, Sharman, Sharpe, Sheffield of Calhoun, Sheffield of Early, Shell, Shropshire of Chattooga, Shropshire of Floyd, Slater, Skelton, Simmons of Pickens, Simms, Singleton, Sirmons, Sisk. Smith of Charlton, Smith of DeKalb, Smith of Johnson, Smith of Talbot, Solomons, Spence, Stapleton, Starr, Stephens of Hancock, Stephens of Monroe, Stephens of Taliaferro, Street, Strickland of Forsyth, Strickland of Tatna.ll, Styles, Taliaferro, Teasley, Thomas of Dooly, Thomas of Whitfield, Ti dwell, Tillman, Tomlmson, Tnppe, Troup, Tucker of Colquitt, Tucker of Laurens, Turner of Wilcox, Usry, Varnadoe, Walton, Warner, Water house, Webb, Wellborn, West, Whelchel, Whitehead, ■ GEORGIA CONVENTION. 191 Wicker, Winu of Gwinnett, Willingham, Wood, Williams of Chattooga, Word, Williams of Harris, Wright, Williams of Mcintosh, Yates, Williamson, Yopp, Willis, Young of Gordon, Winn of Cobb, Young, of Irwin, So the ordinance, having been read twice, (every mem- ber present voting on its passage) was unanimously adop- ted. Whereupon The President declared that the Constitution of the Con- federate States of America, had been ratified. Mr. Chastain offered the following resolution, which was taken up, read, and adopted. Resolved, That the injunction of secrecy be removed from the proceedings ot the Convention to-day, except the action of this Convention on the ordinance submitted bv Mi". Sin- gleton, a delegate from Scriven county. Mr. Nisbet offered the following resolution, which was taken up, read, and adopted : Rvsolued, That the President of this Convention transmit to the President of the Congress of the Confederate States, a copy duly certified, when enrolled and signed, of the ordi- nance this day passed, ratifying and adopting the permanent Constitution. Mr. Cobb, from the Committee on the Constitution and Laws of the State, and the Constitution of the United States, made the following report : The committee to whom was referred the resolution pro- viding for the continuance of causes in the several Courts, under certain circumstances, REPORT That they have had the same under consideration, and recommend that no action be taken on the subject by this Convention. 192 JOURNAL OF THE Mr. Strickland, of Forsyth, laid upon the table the fol- lowing resolutions, which were taken up, read, and referred to the Committee on Military Affairs : " Resolved, That his Excellency, the Governor, be, and he is hereby authorized and instructed to turn over to the gov- ernment of the Confederate States, the two regiments of regular troops now being raised under an ordinance of this Convention ; Provided that the government will accept the enlisted soldiers together with all the officers of the two regiments as appointed by the Governor of this State, for and during; the term for which the recruits have been .en- listed. Resolved, That this Convention hereby approves the action of his Excellency, the Governor, in proceeding to organize and hold in readiness for active service, under the provisions of the act of the Legislature, all the volunteer forces of this State, which may not be n eeded for the ser- vice of the Confederate States ; and that he be authorized to arm said troops as fast as organized, and to call the offi- cers together for drill and training when necessary, that the whole force may be made efficient, should it be needed for the purpose of repelling any invasion, or attempted inva- sion of the soil of this State. Mr. Hood laid upon the table the following ordinance, which was taken up, read, and referred to the Committee on Military Affairs : AN ORDINANCE To authorize the Governor to raise and expend money for the defence of this State. Be U ordained by the people of Georgia in sovereign Conven- tion assembled, and it is hereby ordained by authority oj the same, That his Excellency, the Governor of this State, be, and he is hereby authorized to raise and expend such sums of money as may be necessary to carry out all ordinances of this Convention, and all acts of the Legislature which pro- vides for the public defence of this State ; and for that pur- pose he is hereby authorized to issue and sell bonds of th is GEORGIA COXVENTIOX. 193 State, having such time to run as he may designate, with interest coupons attached, payable at such place, or places, as he may think proper, until he shall have raised such sums of money as the exigencies of the State may require ; said bonds to be for one thousand dollars each, or such less sums as the Governor may find to be most saleable. And be it further ordained, That the faith and credit of this State are hereby solemnly pledged for the redemption of all such bonds and interest coupons as the Governor may issue and dispose of under this ordinance. And be it farther ordained, That in case the Governor shall be unable to raise by the sale of bonds, a sufficient sum for the defence of the State, heis hereby authorized to issue and dispose of Treasury Notes, in sums of twenty-five, fifty, and one hundred dollars, each, for that purpose ; said notes to bear such interest as may be prescribed by the Governor, not to exceed seven per cent, per annum. Mr. Fouche laid on the table the following : AN ENUNCIATION OF FUNDAMENTAL PRINCIPLES, Experience having admonished us that there exists a wide spread disposition in many sections, to question or deny the right of the people of Georgia, to be a free, independent, and sovereign State, endowed with all the rights of a per- fect sovereignty, among which is the right to secede from a Confederacy, upon finding a continuance in it incompati- ble with her peace, safety, happiness, interests, or liberties : Aware, moreover, of the importance of a thorough under- standing of the fundamental principles of all just govern- ment by the people of a free State : We, the representa- tives of the people of Georgia, in that supreme and sovereign capacity wherein they are entitled to make, alter, and abolish Constitutions and Governments, do hereby publish and declare : First, That sovereignty is the supreme, ultimate power, abiding in the people of an organized community or State. Second, That sovereignty is one, indivisible, inalienable, and imprescriptible. 13 194 JOURNAL OF THE Third, That all other power in the State is derived from, is subordinate to, and revocable by, the sovereignty. Fourth, That Governments are not sovereign, but the creatures of the sovereignty, ordained and established by it, for the purpose of a convenient exercise of its ordinary pow- ers, in the enactment, administration, and execution of laws, to establish justice, and to promote the peace, good order, security, and prosperity of the State. Fifth, That constitutions or fudamental laws, are the direct enactments of the [sovereignty, organizing govern- ments, delegating, defining, and limiting their powers, and enumerating the purposes for which those powers are to be exerted. Sixth, That allegiance is" due only to the sovereignty, and obedience is due to government only as its regularly con- stituted organ. Seventh, That no mere government, whether it be a gov- ernment proper or improper, has a right to resist the regu- • larly expressed will of the sovereignty which created it, either, for the purpose of retaining power, or of continuing its existence against that will. Eio-hth, That there on "flit to be established a real and ef- fective responsibility on the part of all officials in every de- partment of government. Ninth, That power given for one purpose, cannot right- fully be exercised for any other, and therefore the taxing power can be exercised only to raise revenue to defray the expenses of government, defend the State, or for some oth- er purpose specified in the grant of the power. Tenth, That the system of taxation adopted in a free State, ought to be just and equal in its operation as be- tween individuals, classes, and sections ; and ought to be generally and thoroughly understood by the people, in or- der that they may be enabled to hold their representatives to a real responsibility, and secure simplici ty, economy, and purity, in the administration. GEORGIA CONVENTION. 195 Eleventh, That in its relation to individuals, the protec- tion of person, property, and character, against violence, fraud, and defamation, is the sole legitimate object of all just government; and an imbecile government which can- not, or a corrupt government, which will not give it, ought to be reformed or overthrown. Twelfth, That it is the indispensible duty of a good gov- ernmeut, to provide an easy, prompt, and adequate remedy for the infraction of every right ; and a just, but certain punishment for every wrong or crime. Thirteenth, That all citizens of a free State, may freely, -and peaceably, assemble to consider any matter interesting to them; may keep, and bear arms; may petition their government for anything within the sphere of its powers ; may freely speak, write, and publish their opinions upon any subject, standing to the penalty of law for any abuse of these privileges ; may profess any religious creed, and practice any form of religious worship, without being sub- jected, on account thereof, to any political or legal disabili- ty, or entitled to any political or legal privileges of favor. On motion of Mr. Fouche, the foregoing *' Fundamental Principles," were taken up, and read, and were referred to the " Committee on the Constitution and Laws of the State, and the Constitution of the United States," together with the " Bill of Rights," previously reported by said Commit- tee through its Chairman, Mr. Cobb. Leave of absence was asked for Messrs. Harris of Meri- wether, Perkins, of Taliaferro, Wicker, Douglas, Banks of Stewart, Spencer, Phinizy of Richmond, Hines, Sheffield of Early, Sheffield of Calhoun, Buchanan, McDonald, Davis, Burch, Gaulden, Smith, of Talbot, and Shropshire of Floyd, which was refused. On motion of Mr. Chastain, the Convention then adioum- ed till ten o'clock Monday morning. 196 JOURNAL OF THE MONDAY, MARCH 18, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Crawford. A quorum being present, the journal was read. Mr. Carswell moved to reconsider so much of the journal of Saturday as relates to the adoption of the resolution regulating the pay of mileage to the members of this Con- vention. Mr. Chastain moved to lay that motion on the table, which was carried. Mr. Fort, from the Committee on Enrollment, made the following report : Mr. President : The Committee on Enrollment have had enrolled, audit is now ready for the signatures of the President and dele- gates : An Ordinance to adopt and ratify the Constitution of the Confederate States of America. They have also had enrolled, and it is now ready for the signature of the President : An Ordinance, additional to a previous Ordinance of this Convention, on the subject of citizenship. Mr. Hansel offered the following resolution, which was taken up, read, and adopted : Resolved, That those delegates who w T ere absent on Satur- day, when the vote was taken on the adoption of the Ordinance ratifying the Constitution, have leave to record their votes. Leave of absence was granted to Messrs. Bell of Banks Collins, of Columbia, West, Dozier, and Dabney, on ac- count of sickness in their families. Leave of absence was refused to Messrs. Dupree, Pinson, Douglas, Harris of Merri wether, and Graham, who applied for the same on account of business requiring their atten- tion. Mr. Cobb, from the Committee on the Constitution and GEORGIA CONVENTION. 197 Laws of the State, and the Constitution of the United States, to whom was referred the Ordinance in relation to citizens of Georgia holding office under the government of the late United States, reported adversely to the passage of the Ordinance. Mr, Bell of Forsyth, laid on the table the following pre- amble and resolution, which were read : Wlierms^ Governments are instituted to secure the rights of the people, and protect them in the enjoyment of those rights. And Whereas, rigid economy in the public expen- ditures is an element of strength in Republican Govern- ments, while recklessness and prodigality in such expendi- tures are detrimental to the public virtue. Therefore. Resolved, That in the inauguration of the new govern- ment, the multiplication of unnecessary officers to provide positions for favorites, is condemned by the people of Georgia. Resolved, That the salaries of officers. State and Federal, Executive, Legislature, Judicial, and Diplomatic, ought not to exceed adequate compensation for services rendered ^he government. Mr. Corn laid upon the table the following resolution, which was read : Resolved, That a special Committee of Eight, (one from each Congressional District) be raised for the purpose of reporting, at an early day, an Ordinance upon the subject of the reduction of the fees and salaries of all civil officers of this State, from Governor down to county officers, and also the per diem pay of the members of the Legislature of this State. Mr. Xisbet offered the following preamble and resolu- uons. which were taken up, read, and adopted. n hereas. The government of the Confederate States has authorized bonds to be issued, running from five to ten years, and secured by an export duty of one eighth of one per cent, per pound upon cotton, for the purpose of meet- ing the pecuniary necessities of that government. And, Whereas, investment in such funds may be both convenient 198 JOURNAL OF THE and safe for executors, administrators, guardians, and other trustees, and at the same time contribute to the sum needed by the Confederate States. Therefore, Resolved, That the Legislature of this State be, and is hereby requested, at its next session, to consider of the propriety of passing a law, authorizing executors, admin- istrators, guardians and other trustees, to invest trust funds in their hands in the bonds of the Confederate States upon the same terms that such trustees are now by law authorized to invest in the bonds of the State of Georgia. Mr. Fouche moved to take up the Resolution introduced by Mr. Hawkins, providing for the appointment by the President, of a Committee of sixteen, two from each Con- gresssional District, to arrange fen Congressional Districts for the State, &c. The motion was agreed to, when Mr. Fouche moved to insert a committee of "twenty-four," and "three" from each Congressional District, instead of a committee of "sixteen," and "two" from each Congressional District. The amendment was received. Mr. Hill of Troup, offered the following as a substitute for the Resolution, as amended: AN ORDINANCE To organize Congressional Districts for the State of Geor- gia: Be it Ordained by the People of Georgia, in Convention assembled, That until otherwise ordered by the General Assembly of the State of Georgia, the several Congressional Districts for the State of Georgia, shall be composed of the counties following, to-wit : Mr. Clark moved that the Resolution be referred to a Special Committee, to consist of the members of this body who are delegates to the Congress at Montgomery, together with the mover of the Resolution, to report upon the pro- priety and necessity of accepting the same. Pending the consideration of which, Mr. Hawkins called for the "previous question," which, being seconded and sus- GEORGIA CONVENTION. 199 taiiied, the main question was put. to-wit: the adoption of the original Resolution as amended, which was decided in the affirmative. yj,. So the Resolution was adopted. Mr. Styles moved to take up his Resolution instructing the Governor to furnish side arms to the officers of Military Companies who have, or may hereafter draw arms from the State. The motion was agreed to, when Mr. Cobb moved to refer the same to the committee on Military Affairs. Mr. Cobb, from the committtee on the Constitution and Laws of the State, and the Constitution of the United States, reported the following Resolutions : Resolved, That in the publication of the Revised Code of the Laws of this State, adopted by the Legislature at its late session, the "United States" shall be stricken out, and the "Confederate States," substituted, wherever the same may be necessary. Resolved, further, That the Constitutton of the Confed- erate States shall be published as a part of the Code. On motion of Mr. Cobb, the same was taken up, read, and adopted. Mr. Alexander of Upson offered the following: Resolution. J. o " which was taken up, read, and adopted: Resolved, That the committee on Enrollment be re- quested to make suitable arrangements for the delegates of this Convention to affix their signatures, at their conven- ience, to the Ordinance adopting and ratifying the perma- nent Constitution of the Confederate States of America. The Ordinance laid on the table by Mr. Styles to appro- priate money for the use of the Confederate States of America, was taken up, read, and referred to the Commit- tee on Military affairs. Mr. Gardner laid on the fable the following Ordinance, which was taken up, read, and referred to the committee on the Constitution and Laws of the State and the United States : 200 JOURNAL OF THE AN ORDINANCE To alter Sections the -3rd and 12th, of Article 1st, and Sec- tion 1st of Article 2nd of the Constitution of the State of Georgia : Be it Ordained, by the People of Georgia, in Convention assembled, That the third Section of the first Article, and the first Section of the second Article of the Constitution of this State be so altered as to extend the term of office of the Governor and members of the Senate of the Legislature of the State of Georgia to four years next succeeding their election, and that the election of said civil officers be held on the first Monday in October every four years, in per- suance of the requirements of this Ordinance. Be it further Ordained, by the authority aforesaid, That Section 12th of Article 1st t)f the Constitution of this State be so altered as to change the sessions of the Legis- lature from annual to bi-ennial, and to require said sessions of the General Assembly of the State of Georgia to com- mence bi-ennially on the first Wednesday in November, immediately following each bi-ennial election of members of the House of Representatives. The term of said ses- sions to continue the same as that now prescribed by law. On motion of Mr. Hull, the second Section of the Or- dinance to alter and amend the 3rd, 4th, 7th, and Sth Sections of the first Article of the Constitution of this State, and for other purposes, was taken up for considera- tion and read, and, on his motion, was referred to the com- mittee on the Constitution and Laws of the State, and of the United States. The third Section of the Ordinance w T as taken up and read, when Mr. Cobb offered the following as a substitute for the same, to- wit : The House of Representatives shall consist of two hundred members, composed as follows : each county shall have one Representative. The remaining number shall be distributed by the Legislature among the counties having the largest representative population, so as as to give to each of such counties such a proportion of the same as their population de- GEORGIA CONVENTION, 201 mands ; Provided, no county shall have more than one member, whose representative population does not exceed thousand persons. Mr. Garvin offered the following as a substitute for the foregoing and original Resolution: The House of Representatives shall consist of one hun- dred and eighty-two members. Each county shall have one Representative, and the ten counties having the high- est representative population shall have three Representa- tives each, and the thirty counties having the next largest population, two Representatives each. On motion of Mr. Kenan, the original Section and the substitute were laid on the table for the balance of the session. On motion of Mr. Chastain, the Convention then ad- journed till ten o'clock to-morrow morning. TUESDAY, MARCH 19, 1S61 The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Pryse. The roll was called, and a quorum being present, the iournal was read. Mr. Cobb moved that so much of the journal of yester- day as relates to the adoption of the motion of Mr. Kenan, " to lay on the table for the balance of the session," the original third section, and the substitutes therefor, of the ordinance reported by the Committee on Reduction, be re- considered. Upon which motion the yeas and nays were demanded to be recorded. The yeas are 117 ; nays 131, to-wit : Those who voted in the affirmative are Messrs. . Adams of Camden, Alexander of Upson, Adams of Putnam, Allen, Alexander of Fulton, Arnold, 202 JOURNAL OF THE Beasley, Beall of Troup, Berming, Blaiock, Brown of Houston, Bryan, Calhoun, Cantrell, Casey, Cobb, Cody, Collins, Cox, Crawford of Greene, Crawford of Richmond, Dabney, Davis of Putnam, Davenport of Sumter, Dewberry, Dickerson, Fain, Fort of Stewart, Fouche, Furlow, Gardner, Garvin, Glenn of Fulton, Glenn of Oglethorpe, Glover, Gordon, Graham, Gray, Gresham, Gunn, Haines, Hamilton, Hammond, Han sell, Harris of Hancock, Harvey, Hawkins, Hendricks, Billiard, Hoyal, Hudson of Harris, Hull, Humphries, Jennings, Johnson of Clayton, Johnson of Oglethorpe Jones of Burke, Ketch um, Kill gore, Lamar of Lincoln, Lamar of Bibb, Low, Lindley, Logan, Logue, Lyle, Mabry of Heard, man son , Martin of Elbert, Martin of Lumpkin, McOonnell of Cherokee, McCulloch, McDaniel, Means, Moor of Spalding, Montgomery, Morrow, Neal of Columbia, Neal of Talbot, Nisbet, Phinizy of Monroe, Phinizy of Richmond, Picket', Pinson, Pittman, Pitts, Poullain, Reese, Reynolds, Rice, Roddey, Rutherford, Safibld, Sharman, Sharpe, Shropshire of Chattooga, Shropshire of Floyd, Skelton, Singleton, Spence, Stapleton, Stephens of Monroe, GEORGIA CONVENTION. 203 Strickland of Forsyth. Teaslev, Thomas of Whitfield. Tidwell, Trippe, Troup, Tucker of Laurens, Warner, Wellborn, Whitehead, Willin Singleton, Smith of Johnson, Styles, Thomas of Dooly, Tucker of Laurens, Whitehead, Williams of Mcintosh. So the preamble and resolutions were adopted. On motion of Mr. Alexander, of Upson, the Convention then adjourned till eleven o'clock to-morrow morning. 14 * I vv/ 210 JOURNAL OF THE WEDNESDAY, MAECH 20, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Staley. A quorum being present, the journal was read. Mr. Hansell moved to reconsider so much of the journal of yesterday, as relates to the adoption of the preamble and resolutions of Mr. Bell, of Forsyth, relative to econo- my in the public expenditures and the multiplication of officers in the State and Federal Governments. The motion prevailed, when, on motion, the resolutions w r ere taken up. Mr. Means offered the following as an amendment, and an additional resolution, which was received, to-wit : Resolved, That this Convention recognises with sincere pleasure, and high approval, the practical application of the foregoing principles in the organization and outfit of the Confederate States, and rely with confidence on the wisdom and prudence of the proper authorities, for a proper and economical administration. Mr. Whitehead moved to lay the resolutions on the table for the balance of the session. The motion was lost, and the preamble and resolutions, as amended, were adopted. Mr. Clarke, of Dougherty, laid on the table the follow- ing Ordinance, which was read : AN ORDINANCE To modify the Act of the General Assembly of 1859, relative to Bank Suspensions. Be it ordained, That whenever a citizen shall present at the counter of any of the Banks of this State, a certificate of any collector of custom of this State, that said citizen is due such Collector for duties on goods, a specified amount, such Bank shall redeem in specie its own bills presented to an amount at most equal to such amount due for customs; provided such applicant shall, if required by the Bank, GEOEGIA CONVENTION. 211 swear that lie is a citizen of this State, in good faith, owing said duties, and that he has not, in a similar manner, taken from any other Bank an amount which, with the amount then demanded, will exceed the amount covered by the Collector's certificate. Be i t further ordained, That this Ordinance shall continue in force until further action is taken by the General As- sembly of this State, or the Congress of the Confederate States shall provide for the payment of the revenue in bills of solvent Banks. Be it further ordained, That if any Bank shall refuse to redeem said bills in the manner aforesaid, it shall be liable to all the penalties in force, prior to said Act of the General Assembly of 1859. Mr. Hill, of Troup, offered the following resolution, which, by unanimous consent, was taken up, read, and adopted : Resolved, That the resolution in relation to per diem com- pensation, shall not exclude from compensation the dele- gate from Lincoln county to whom leave of absence w r as granted on account of sickness, which sickness was con- tracted while in attendance upon the Convention ; but said delegate shall be entitled to full mileage andpe?- ^"m pay. On motion of Mr. Cobb, chairman of the Committee on the Constitution and Laws of the State, and of the United States, the report of said Committee, on the " Constitu- tion of the State," was made the special order of the day, for to-morrow at 10 o'clock, A. M. Mr. Eoddey, from the Committee to arrange the Senatorial Districts, made the following report : Mr. Roddey, from the Committee to whom was referred the duty of arranging the Senatorial Districts of this State, and to prepare an Ordinance therefor, reports the follow- mg ORDINANCE : The people of Georgia in Convention assembled do hereby de- clare and ordain, That the Senatorial Districts of this State shall be organized by counties as follows : 212 JOURNAL OF THE The first District shall consist of the counties of Chat- ham, Bryan and Effingham. The second of Liberty, Tatnall and Mcintosh. The third of Wayne, Pierce and Appling. The fourth of Glynn, Camden and Charlton. The fifth of Coffee, Ware and Clinch. The sixth of Echols, Lowndes and Berrien. The seventh of Brooks, Thomas and Colquitt. The eighth of Decatur, Mitchell and Miller. The ninth of Early, Calhoun and Baker. The tenth of Dougherty, Lee and Worth. The eleventh of Clay, Randolph and Terrell. The twelfth of Stewart, Webster and Quitman. The thirteenth of Sumter, Schley and Macon. The fourteenth of Doolv, Wilcox and Pulaski. The fifteenth of Montgomery, Telfair and Irwin. The sixteenth of Laurens, Johnson and Emanuel. The seventeenth of Bulloch, Scriven and Burke. The eighteenth of Richmond, Glasscock and Jefferson. The nineteenth of Taliaferro, W arren and Greene. The twentieth of Baldwin, Hancock and Washington. The twenty-first of Twiggs, Wilkinson and Jones. The twenty-second of Bibb, Monroe and Pike. The twenty-third of Houston, Crawford and Taylor. The twenty-fourth of Marion, Chattahoochee and Mus- cogee. The twenty-fifth of Harris, Upson and Talbot. The twenty-sixth of Spalding, Butts and Fayette. The twenty-seventh of Newton, Walton and Clarke. The twenty-eighth of Jasper, Putnam and Morgan. The twenty-ninth of Wilkes, Lincoln and Columbia. The thirtieth of Oglethorpe, Madison and Elbert. The thirty-first of Hart, Franklin and Habersham. The thirty-second of White, Lumpkin and Dawson. The thirty-third of Hall, Banks and Jackson. The thirty-fourth of Gwinnett, DeKalb and Henry. The thirty-fifth of Clayton, Fulton and Cobb. The thirty-sixth of Merriwether, Coweta and CampbelL The thirty-seventh of Troup, Heard and Carroll. The thirty-eighth of Haralson, Polk and Paulding. GEORGIA CONVENTION. 213 The thirty-ninth of Cherokee, Milton and Forsyth. The fortieth of Union, Towns and Rabun. The forty-first of Fannin, Gilmer and Pickens. The forty-second of Cass, Floyd and Chattooga. The forty-third of Murray, Whitfield and Gordon. The forty-fourth of Walker, Dade and Catoosa. The Report was taken up and read. Mr. Tidwell, from the same committee, offered the fol- io wins as a minoritv REPORT : The 3?th District shall be composed of the counties of Troup, Merriwether, and Heard; the 36th District, of Coweta, Fayette, and Clayton; the 3 -1th District, of Ful- ton, Gwinnett, and DeKalb ; the 3-5th District, of Cobb, Campbell, and Carroll: the 26th District, of Spalding, Henry, and Butts. * i»- »i . *». Mr. Chastain moved the previous question, which being seconded and sustained, the main question, to-wit : the adoption of the original Heport, was put, and decided in the affirmative. So the Ordinance embraced therein, having been read twice, was adopted. Mr. Glenn of Fulton, from the committee on the Con- stitution and Laws of the State, and the Constitution of the Uuired States, to whom was referred the Resolution tendering a location for the Capitol of the Confederate States, reported the following Resolutions : Resolved^ That the Convention hereby expresses the willingness of the People of Georgia to cede a portion of the Territory of this State, not exceeding ten miles square, to the Government of the Confederate States, for a Capital and permanent seat of Government; and should the Con- h:-derate States select any portion of the Territory of this State for said purpose, the Legislature be, and it is hereby authorized to cede jurisdiction thereof ; if, in their judg- ment, such cession be consistent with the interest and safety of the State. Resolved, That the President of this Convention forward a certified copy of the above and foregoing Resolution to 214 JOURNAL OF THE the President of the Congress of the Provisional Govern- ment of the Confederate States. >,$ vVv i • •/.• • y\-v»&-*'\^.--+* v The report was taken up, read, and adopted. Mr. Cannon of Rabun laid upon the table the following Resolution, which was taken up, read and lost: Resolved, That the Resolution relative to compensation, shall not exclude the delegate from Rabun county, w T ho has been granted leave of absence on account of sickness, which sickness was contracted while returning from the session at Milledgeville. Mr. Alexander of Upson offered the following Ordinance, which was taken up, and read: AN ORLINANCE To perfect the organization of the Senate of the State of Georgia : Be it Ordained, by the People of Georgia, in Convention assembled, and it is hereby Ordained by authority of the same, That when the Senate shall convene and organize, it shall as soon as practicable, proceed to divide the said Senators into two classes; one class to consist of the Senators chosen from the Districts which are known by having odd numbers, and the other class to consist of the Senators chosen from the Districts being known by even numbers — one class to hold their office for two years, and the other class for four years — the same to be determined by lot. At every subsequent election (which shall be bi- ennial,) each District of the class whose time it shall be to elect, shall choose its Senator, who shall hold his office for the term of four years. Mr. Tidwell moved to refer the same to the committee on the Constitution and Laws. The motion w T as lost. Mr. Starr moved to strike out all in relation to the divis- ion of Senators, and the four years tenure, and insert "that the Senators shall be elected bi-enially." Mr. Alexander of Upson moved the previous question, GEORGIA CONVENTION. 215 which being seconded and sustained, the main question, to-wit: the passage of the Ordinance, was put, when the yeas and nays were demanded to be recorded. There are yeas 88, nays 146. Those who voted in the affirmative, are Messrs. Adams of Camden, Adams of Putnam, Alexander of Fulton, Alexander of Upson, Allen, Bartow, Bell of Forsyth, Beall of Troup, Benning, Black, Brown of Houston, Brown of Marion, Bryan, Burnett. Calhoun, Clarke, Cobb, Crawford of Richmond, Davis of Chattahoochee, Davis of Putnam, Dewberry, Ellington, Fleming:, Fields," Fort of Stewart, Fort of Wayne, Gaul den, Gardner, Garvin, Glenn of Oglethorpe, Giles, Gordon, Gray, Harris of Hancock, Harvey. Hendricks, Hilliard, Hull, Humphries, Johnson of Jefferson, Johnson of Oglethorpe, Jones of Chatham, Kenan, Ketchum, Lamar of Lincoln, Lamar of Bibb, Logan, Lyle, Man son, Martin of Elbert, Martin of Lumpkin, McCulloch, McDaniel, Means, Moor of Spalding, Mounger, Munnerlvn, Neil of Talbot, Msbet, Padget, Phinizy of Monroe, Phinizy of Richmond, Pitts, Porter, Reese, Richardson of Lee, Robinson, Roddey, Rutherford, Sharp e, Shell, Skelton, Simms, Singleton, Solomons, Spencer, Stephens of Hancock, Stephens of Taliaferro, Strickland of Forsyth, Thomas of Dooly, Thomas of Whitfield, Trippe,. .6 JOURNAL Turner of Wilcox, Varnadoe, Willingham, Those who voted in the ne: Algood, Arnold, Blalock, Bo wen, Bozeman, Brew ton, Briscoe, Brown of Webster, Bullard, Bush, Butts, Byrd, : Cannon ot Rabun, Cannon of Wayne, Cantrell, Carson, Carswell, . Casey 4\ C has tain, Cheshier, Cleaveland, Cochran of Terrell, Cochran of Wilkinson, Coleman, Corn, Crawford of Greene, Daniel, Davenport of Clay, Davenport of Sumter, Day, Dickerson, Fain, Farnsworth, Fitzpatrick, Ford, Fouche, Freeman, Frier, French, Furlow, Glenn of Fulton, Glover, Gunn, OP THE Wood, Word, Young of Gordon. ;ative are Messrs. Hale, Hall, Haines, Hammond, Hansell, Harvill, Harris of Glynn, Harris of Mcintosh, Hawkins, Head, Henderson, Hendry, Herrington, Hill of Troup, Hines, Hoyal, Hood, Howell, Hudson of Gwinnett, Hudson of Harris, Huggins, Hust, Jackson, Jennings, Johnson of Clayton, Johnson of Hall, Jones of Burke, Killgore, Kimsey, Kirkland, Knox, Lamb, Lattimer of Appling, Lattimer of Montgomery, Low, Lester, Lindley, Logue, Mabry of Berrien, Marshall, Martin of Merri wether, McConnell of Catoosa, McConnell of Cherokee, GEORGIA CONVENTION. 217 McDonald, McLeod, McRae, Mershon, Milton, Moore of Bulloch, Montgomery, Morrow, Overstreet, Paris, Patrick, Pickett, Pierce, Pittman, Pofford, Ponder, Poullain, Prescott, Price, Ramsey of Clinch, Ramsey of Muscogee, Reed, * Reynolds, Rice, Saffold, Shannon, Shropshire of Floyd, Slater, Simmons of Pickens, Sirmons, So the Ordinance was lost. Sisk, Smith of Johnson, Spence, Stapleton, Starr, Stephens of Pierce, Street, Strickland of Tatnall, Styles, Taliaferro, Teasley, Tidwell, Tillman, Tomlinson, Tucker of Colquitt, Tucker of Laurens, Walton, Webb, Wellborn, Whelchel, Whitehead, Williams of Chattooga, Williams of Harris, Williams of Mcintosh, Williamson, Willis, Winn of Cobb, W right, Yopp, Young of Irwin* Mr. Martin of Lumpkin laid upon the table the follow- ing Preamble and Resolutions, which were taken up, and read : Whereas, The Rev. Charles W. Thomas, a citizen of Georgia, and lately a Chaplain in the United States Navy, did, upon the secession of the State of Georgia, imme- diately resign his office in said United States Navy, thus acknowledging his duty and allegiance, both to Georgia and the South, as a true and devoted son. And whereas, in point of talents and attainments, whether as rendering him capable to honor his State, or serve the holy cause of religion, he stands inferior to none. And whereas, as well for his many years of laborious service, in doing good 218 JOURNAL OF THE among the soldiery of the sea, at many personal sacrifices, as his unabated desire to continue in a similar service un- der the Confederate States of America : And whereas, he was the first among his brother Chaplains, to approve the policy of the seceding States, by being first to resign his place in the old government. Therefore, Resolved, That this Convention recommend him to the appointing power of the Confederate States of America, with the request that he receive the appointment of Senior Chaplain of the Navy, or such other rank or station, as his official character and merit deserves. Resolved, That the Secretary forward a copy of the foregoing Preamble and Resolutions to the proper depart- ment of the Confederate States of America, having juris- diction in the premises. Mr. Bartow moved to refer the same to the committee on Military Affairs. The motion did not prevail, and the Preamble and Reso- lutions were adopted. Leave of absence was granted to Messrs. Hill of Hart, and McGrrifF. Mr. Cobb moved that when the Convention proceed to consider the order of the day for to-morrow, it do so in secret session. The motion prevailed. The Convention then adjourned till 4 o'clock, P. M. FOUR O'CLOCK, P. M. The Convention met persuant to adjournment. Mr. Hawkins asked leave of absence for the balance of the day, for the committee on the organization of the Con- gressional Districts. The leave of absence was granted. Mr. Phinizy of Monroe offered the following Resolution, which was taken up, read, and laid on the table for the present: GEORGIA CONVENTION. 219 Resolved, That this Convention will adjourn on Friday, the 22nd inst. Mr. Bartow from the committee on Military Affairs, laid on the table the following Ordinance, which was taken up, read twice, and adopted: AN ORDINANCE To transfer to the Government of the Confederate States, certain arms and munitions of war, and for other pur- poses. The people of Georgia m Convention assembled do ordain, Section 1st. That the control of all military operations in this State, having reference to or connection with ques- tions between this State, or any of the Confederate States of America, and powers foreign to them, is hereby trans- ferred to the ^ Government of the Confederate States of America. Sec. 2d. That the State of Georgia hereby transfers to the Government of the Confederate States of America, the arms and munitions of war, acquired from the United States, with the Forts and Arsenals, and which are now in the said Forts end Arsenals. Sec. 3d. That the Governor of this State is hereby au- thorized to transfer to the Government of the Confederate States, such arms, munitions of war, vessels or steamers be- longing to the States, as in his judgment may be expedi- ent, and upon such terms as may be agreed on with the said Government of the Confederate States. Sec. 4th. The transfer herein provided for, shall be con- ducted on the part of this State by the Governor thereof, the Government of the Confederate States undertaking to account for all such arms and munitions of war, as are here- by transferred. He, also, from the same committee, reported the follow- ing ordinance, which was taken up, read twice, and adopt- ed. 220 JOURNAL OF THE AN ORDINANCE To transfer to the Provisional Government of the Confede- rate States of America, the use and occupancy of the Forts, Arsenals, Navy Yards, Custom Houses, and other public sites within the limits of this State. The People of Georgia, in Convention assembled, do or- da in, That the Government of the Confederate States of Ame- rica is hereby authorized to occupy, use, and hold posses- sion of all Forts, Navy Yards, Arsenals, Custom Houses, and other public sites, with their appurtenances within the limits of this State, and lately in the possession of the United States of America, and to repair, rebuild, and con- trol the same at its discretion, until this ordinance be re- pealed by a Convention of the people of this State. Mr. Bartow laid on the table, the following memorial, which was read: To the Honorable, the President and Members of the Georgia Convention. The petition of the undersigned respectfully sheweth un- to your honorable body, that by an ordinance passed on the day A. D. 1861, the Governor of Geor- gia was authorized to receive and commission into the ser- vice of this State, all officers of the Army and Navy, mem- bers of the Army and Navy of the United States who should resign, and tender their services to the Governor of this State. That under the construction placed upon the ordinance by his Excellency the Governor, it appears that the services of your petitioner who recently resigned the position of Captain in the United States Navy, cannot, under said ordi- nance be accepted, and for this reason. The ordinance referred to, appears to contemplate the appointment of only such officers as should resign from the active list of the United States Army and Navy. Your pe- titioner was on the reserved list of the United States Navy, GEORGIA CONVENTION. 221 and from that list resigned his position of Captain as afore- said. Your petitioner respectfully submits, that at his own re- quest, he was placed upon the reserve list. That he is not an invalid, but in the possession of sound health, and ready and able to perform any and every service which may be required of him, either at sea or upon shore. That he has been for more than fifty years actively engaged in the Nav- al service of the United States. That he is a native Geor- gian, and very desirous of again serving his State in her sovereign capacity, or as a naval officer in the Confederate Navy. And your petitioner would further show unto your hono- rable body, that the reason why a retired list is used, is simply, where there is a redundancy of officers, and where advanced officers have been for a longtime actively engaged in the service, leave of absence is granted to such officers, in order to afford opportunty for recuiting themselves, and al- so to permit young officers to see the service, which will prepare them for any and every emergency. And your petitioner would most respectfully and earnest- ly request that your Honorable body would authorize his Excellency the Governor, to receive your petitioner into the service of the State, upon the same terms, and .Avith the same rank with the position in the United States Navy, from which your petitioner recently resigned. And your petitioner hereby expresses himself ready and anxious to do and perform any and every active service that may be required of him. And your petitioner would earnestly request that such a construction may be placed upon the said ordinance, as will relieve your petitioner from its application, and further that his Excellency, the Governor of Georgia, may be enabled under and by said ordinance and its provisions, to receive into the service of the State your petitioner in the manner within indicated. And your petitioner as in duty bound will ever pray &c, Signed, THOS. M. NEWELL, late Captain of the U. S. Navy. Savannah, March 19th, 1861. 222 JOURNAL OF THE He then offered the following resolution, which was tak- en up, and read: Resolved, That officers of the Navy on the retired list, shall be placed on the same footing as those on the active list, under the provision of an ordinance entitled an or- dinance concerning officers of the Army and Navy hereto- fore passed by this Convention. On motion of Mr. Kenan, the resolution was laid on the table. On motion of Mr. Alexander, of Upson, the Convention then adjourned till ten o'clock to-morrow morning. . THURSDAY, MARCH 21, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Low. A quorum being present, the journal was read, when Mr. Tidwell moved to reconsider so much of the journal of yesterday as relates to the adoption of the report of the Committee to organize the Senatorial Districts of the State, in relation to the rejection of his amendment, upon the adoption of the ordinance reported by said committee. The motion was lost. Mr. Briscoe, from the Committee on Enrollment made the following report, to-wit : Mr. President: The Committee on Enrollment report as duly enrolled, and ready for the signature of the President — AN ORDINANCE To transfer to the Provisional Government of the Con- federate States of America, the use and occupancy of the Forts, Arsenals, Navy Yards, Custom Houses, and other public sites, within the limits of this State. GEOKGIA CONVENTION. 223 Also, AN ORDINANCE To transfer to the Government of the Confederate States, •certain arms and munitions of war, and for other purposes. Both of which were signed by the President, and de- p osited in the office of the Secretary of State. On motion of Mr. Cobb, the Convention went into secret session, and having spent some time therein, adjourned, on motion of Mr. Cobb, till to-morrow morning nine o'clock. FRIDAY, MARCH 22, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Williamson. A quorum being present, the journal was read, When leave of absence was granted to Mr. Stephens, of Monroe, and Messrs. Ramsey and Munnerlyn, who have been ordered to Pensacola with their companies, and also to Mr. Garvin, of Richmond. Mr. Hull announced that he was authorized and request- ed by George Younge, Esq., the Superintendent of the Georgia Railroad, at Augusta, to tender the use of that road free of charge, to returning members and officers of the Convention. On motion of Mr. Cobb, the Convention went into secret session, and having spent some time therein, adjourned till ten o'clock to-morrow morning. SATURDAY, MARCH 23, 1861. The Convention met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Landrum. 224 JOURNAL OF THE A quorum being present the journal was read. The Convention then went into secret session, and having spent some time therein, adjourned at night, sine die. ■ GEORGIA CONVENTION. 225 IN SECRET SESSION AT SAVANNAH. SAVANNAH, MARCH 8, 1S61. The Convention, being in secret session, on motion c-l Mr. Rice, took up the following resolution : Resolved, That a 44 Committee of Seven" be appointed to examine into the condition of the defences of the city of Savannah and its approaches ; to enquire what additional defence, if any, may be necessary, and to report to this Convention at the earliest possible day. Mr. Styles moved to amend the same by inserting after the word "approaches" the following : "and along the coast of Georgia.' n The motion was lost. - ■ Mr. Shropshire, of Floyd, offered the following as a sub- stitute for the forew the Governor for the term of four years. In case of any testacy of said office of ordinary, from any cause, the same $&&M be filled by election, as is provided in relation to other «KH£aty officers, and until the same is filled, the clerk of the Superior Court for the time being shall act as clerk of said d&urt of Ordinary. ARTICLE V. 1. The electors of Members of the General Assembly shall lie free white male citizens of this State ; and shall have at- tkioed the age of twenty-one years ; and have paid all taxes which may have been required of them, and which they have hs>i an opportunity of paying, agreeably to law, for the year ftreeeding the election; and shall have resided six months mith in the district or county. GEORGIA convention. 249 2. All elections, by the General Assembly, shall be by joint ballot of both branches; and when the Senate and House of Representatives unite for the purpose of electing, they shall meet in the Representative chamber, and the President of the Senate shall in such cases preside, receive the ballots and declare the person or persons elected. 3. In all elections by the people, the electors shall vot-e by ballot, until the General Assembly shall otherwise direct. 4. All civil officers shall continue in the exercise of the duties of their several offices, during the periods for which thev were appointed, or until they shall be superseded by appointments made in conformity with this Constitution; and all laws now in force shall continue to operate, so far as they are compatible with this Constitution, until they shall expire, be altered or repealed ; and it shall be the duty of the General Assembly to pass all necessary laws and reg- ulations for carrying this Constitution into full effect. 5. All militia and county officers shall be elected by the people in such manner as the General Assembly may by law direct. 6. This Constitution shall be amended only by a Conven- tion of i he people cal led for that purpose. Such Conven- tion shall consist of not more than one hundred and fifty delegates, and an equal number of delegates shall be chosen from and by each Congressional District as the same may exist at the time. Which having been made the special order of the day for ten o'clock this morning, was read. Mr. Garvin offered the following resolution, which was taken up, read, and adopted: Rftnlved, That no delegate shall be allowed to speak longer than ten minutes on any question pending before the Convention — this rule to continue in force until the adjournment of this Convention. On motion of Mr. Cobb, the first Article of the Consti- tution was taken up and read. Mr. Bartow moved to strike out the word " govtrned" in the second section, and insert "jtdtykS 250 JOURNAL OF THE Mr. Fouche moved to insert the word "citizen" instead of "people" The motion to strike out did not prevail. Mr. Benning moved to strike out of the 18th section the words "and retroactive legislation iiyiiriQusly affecting the right of the citizen" The motion was lost. On motion of Mr. Martin, the 21st section was re-com- mitted to the reporting Committee, for the purpose of con- sidering the following proposed amendment: " and carry' ing water for the purpose of irrigation and drainage, working mines and machinery, shall be placed on the footing of private ways." Mr. Benning moved to re-commit the sixth section to the reporting Committee. The motion was lost. He also moved to strike out of the eighth section the words. " he shall he responsible for the abuse of the liberty " and insert the " the Legislature shall have power to declare what shall be an abuse of the privilege." The motion was lost. Mr. Mabrv, of Heard, moved to amend the 26th section by adding after the word " estate," the words " according Lo law" The motion was lost. Mr. Benning moved to re-commit the second clause of the eleventh section to the reporting Committee, which was lost. He also moved to re-commit the 17th section to the re- porting Committee, which was lost. Mr. Johnson moved to strike out the 27th section, which was lost. The first Article of the Constitution, as amended, and excepting the references to the Committee, was then adopted. On motion of Mr. Cobb, the second Article of the Con- stitution was taken up by sections. The first section having been read, Mr. Kimsey moved to GEORGIA CONVENTION. amend the same by striking out the word " annual" in the third clause of said section, and inserting the word " him- nial" The motion was lost. On motion of Mr. Tidwell, the sixth clause of said sec- tion was re-committed to the reporting Committee. The second section having been read, Mr. Reynolds moved to amend the same by adding " and for one year a resident of the District from which he is chosen." Upon which motion Mr. Arnold demanded that the yeas and nays be recorded. There are yeas 116 ; nays 112, to- wit : Those who voted in the affirmative are Messrs. . Adams of Camden, Algood, Arnold, Bell of Forsyth, Bowen, Brewton, Briscoe, Brown of Houston, Brown of Marion, Burnett, Byrd, Calhoun, Cannon of Rabun, Cannon of Wayne, Cars well, Chastain, Corn, Davenport of Sumter, Day, Fain, Fleming, Ford, Freeman, Frier, French, Gray, Hale, Hall, Harville, Harris of Glynn, Hendry, Hendricks, Herrington, Hines, Hood, Howell, Hudson of Gwinnett, Huggins, Hull, Humphries, Jackson. Johnson of Clayton, Johnson of Jefferson, Jones of Burke, Killgore, Kimsey, Kirkland, Knox, Lattimer of Appling, Lester, Lindley, Long, Lyle, Mabry of Berrien, Mabry of Heard, Martin of Elbert, Martin of Lumpkin, McDaniel, McDonald, McLain, 252 JOURNAL OF THE Means, Mershon, Milton, Moore of Bulloch, Montgomery, Morrow, Mo linger, Neal of Talbot, Newton, Overstreet, Patrick, Phinizy of Richmond, Pickett, Pierce, Pittman, Pofford, Ponder, Porter, Poullain, Prescott, Price, Ramsey of Clinch, Reynolds, Rice, Robinson, Sharman, Sharpe, Shell, • Those who voted in the ne Adams of Putnam, Alexander of Fulton, Alexander of Upson, Allen, Bailey, Beasley, Beall of Troup, Benning, Black, Blalock, Briggs, Brown of Webster, Bryan, Bullard, Bush, Butts. Cantrell, Shropshire of Floyd, Simmons of Pickens, Simms, Singleton, Sirmons, Sisk, Spence, ' • Spencer, Starr, Stephens of Pierce, Street, Strickland of Tatnall, Styles, Taliaferro, Thomas of Whitfield, Tillman, Tomlinson, Tucker of Colquitt, Turner of Wilcox? Webb, Wellborn, West, Williams of Harris, Williams of Mcintosh, Winn of Cobb, Wood, Wright, Young, of Irwin, live are Messrs. Carson, Casey, Cheshier, } - Cochran of Terrell, Cobb, Cody, Coleman, Crawford of Greene, Crawford of Richmond, Daniel, Davis of Chattahoochee, Davenport of Clay, Dewberry, Dickerson, Farns worth, Fields, Fouche, GEORGIA CONVENTION. 253 Gaulden, Gardner, Garvin, Glenn of Fulton, Glenn of Oglethorpe, Glover, Giles, Gordon, Gresham, Gunn, Haines, Hansel I, Harris of Hancock, H arvey, Hawkins, Head, Henderson, Hill of Troup. Hilliard. Hoyah Hudson of Harris, Hust, Johnson of Hall, Johnson of Oglethorpe, Jones of Chatham, Jordan, Kenan, Ketehum, Lamar of Lincoln, Lamar of Bibb, Lamb, Low, Logan, Logue, Man ,on. Marshall. McConnell of Catoosa, McConnell of Cherokee, McCulloch, McRae, Moor of Spalding, Neal of Columbia, Padget, Paris, Phinizv of Monroe, Pitts, " Ramsey of Muscogee, Reed, Keese, Richardson of Lee, Roddey, Rutherford, Saftbld, Shropshire of Chattooga, Skelton, Smith of Johnson, Solomons, Stapleton, Stephens of Hancock, Stephens of Monroe, S t ep h e n s of T a 1 i a f e r r o , Strickland of Forsyth, Thomas of l)oolv, Tidwell, Trippe, Troup. Tucker of Laurens, Usry, Walton. Whelchel, Whitehead, - Williimham, Williams of Chattooga, Williamson, Willis, Word, Young of Gordon, So the amendment was received. On motion of Mr. Cobb, the Convention then adjourned till 9 o'clock. to-morrow mormns:. 254 JOURNAL OF THE FRIDAY, MARCH 22, 1861. ' The Convention met in secret session. The journal in secret session of yesterday, was read, w T hen Mr. Johnson of Jefferson moved to reconsider so much of it, as relates to his motion to strike out the 27th Section of the 1st Article of the Constitution of the State of Georgia, as reported by the reporting committee, and adopted on yesterday. The motion prevailed. Mr. Low moved to reconsider so much of the journal of of yesterday, as relates to the incorporation of the first clause of the second section of the second article of the Constitution therein, which was offered as an amend- ment to the report of the committee, by Mr. Cobb. The motion w T as lost. Mr. Johnson of Jefferson then moved to strike out the 27th section of the first article of the Constitution, as re- ported by the committee, and adopted on yesterday. The motion prevailed, and the section was stricken out. Upon the reading of the 3rd clause of the 2nd section of the 2nd Article of the Constitution, Mr. Hood moved to strike out the words, "by ballot," and insert "viva voce" The motion prevailed. Mr. Hood moved to strike out the words "by ballot" in the third clause of the second section of the Constitution, and insert "viva voce" The motion prevailed. The third section of the second article of the ■ Constitu- tion was taken up, when Mr. Cobb moved to fill the blank with the following as the first section thereof. The House of Representatives shall be composed as fol- lows: The thirty-seven counties having the largest representa- tive population shall have two representatives each. Every other county shall have one representative. The designation of the counties entitled to two representatives shall be made by the General Asiembly immediately after the taking of each census. The motion was adopted. GEORGIA CONVENTION. 255 On motion uf Mr. Keynolds, the second clause of the third section of the second article, was amended by adding the words, "and for one year a resident of the county which he represents." On motion of Mr. Cobb, the words "by ballot" was stricken out, and ll vica voce,'' inserted in lieu thereof, in the third clause of the same section and article. The fourth section uf the second article was taken up. On motion of Mr. Cobb, the third clause of the same was amended so as to strike out after the word "arrest," the words "except for treason, felony, or breach of the peace," and insert "therefrom." The fifth section being under consideration, Mr. John- son of Jefferson moved to strike out "at least two-thirds," where these words occur in the second clause, and insert "a majority," in lieu thereof. The motion ro strike out was lost. On motion of Mr. Cobb, the words "both branches" where they occur in the said clause, was stricken out, and "each branch," inserted in lieu thereof. Mr. Fouche moved to strike out, in the fourth clause of the said section, after the word "learning, and to provide for the education of the people," the words "in one or more seminares," and insert the words "and science," in lieu thereof. The motion prevailed. Mr. Hawkins moved further to amend the same by adding after the word "people," the w r ords "by a vote of two-thirds of both branches thereof." Whereupon Mr. Cobb called for the previous question, which being seconded and sustained, the main question, 16- wit: the adoption of the said clause as amended — was put, and carried. So the fourth clause as amended was adopted. The fifth clause of the same section was read, when Mr. Fleming moved, after the word "treason," to insert "and to pardon or commute in cases of final conviction for mur- der," and to strikeout the words "or murder," at the end of the clause. The motion prevailed. On motion the fifth clause was further amended by in- 256 JOURNAL OF THE serting after the word "power," the following words: "by a vote of two-thirds of each branch." Mr. Thomas offered the following as a substitute for the original clause as amended: The Senate alone by a vote of two-thirds thereof, shall have power to grant pardons in cases of convictions for treason or murder. The substitute was lost, and the said fifth clause, as amended, was adopted. The sixth section of the second article, was taken up. The first clause of said section being under consideration, Mr. Fouche offered the following as a substitute therefor: The General Assembly shall have no power to pass any Act authorizing a suspension of specie payment, or to legalize any such suspension by any chartered bank. No bank charter shall be granted, or extended, except by a vote of two-thirds of each branch of the General Assem- bly. They shall have no power to grant corporate powers and privileges to private companies, except to banking, insurance, rail road, canal, plank road, and telegraph com- panies, nor to make or change names, or to legitimate children, but shall by law prescribe the manner in which such power shall be exercised by the Courts. Mr. Jackson called for the previous question, which being seconded and sustained, the main question, to-wit: the passage of the original clause, was put and decided in the affirmative. On motion of Mr. Cobb, the clause was amended by striking out the words "both branches" where they occur in said clause, and by inserting the words "each branch" in lieu thereof,and by inserting after the words "plank roads," the following words: "navigation, mining, express, lum- ber" Mr. Cobb also moved to amend the third clause in a similar manner as to the words "both branches." The motion prevailed. The fourth clause being under consideration, Mr. John- son, of Hall, moved to strike it out. Mr. iNisbet moved to strike out the words "where the GEORGIA CONTENT! OX. 257 improvements are to be made within the corporate limits, or for corporate purposes." The motion to strike out prevailed, and the clause as amended, was adopted. The fifth clause being under consideration, Mr. Chastain moved to strike out the same. Upon which motion the yeas and nays were demanded to be recorded. There are yeas 125, nays 102, to-wit: Those who voted in the affirmative are Messrs. Adams of Camden, Adams of Putnam, Algood, Bailey, Bo wen, Bozeman, Brewton, Brings, Brown of Houston. Brown of -Marion, Bryan, Bush, Butts, Byrd, Cannon of Rabun, Cannon of Wayne, Carswell, Chastain, Cheshier, Clarke, Cleveland, Cochran of Terrell, Coleman, Corn, Daniel, Davis of Putnam, Day, Dewberry, Fain, Farnsworth, Fleming, Fields, Ford, Fort of Wayne, Freeman, 17 Frier, QauMen, Glenn of Fulton, Giles, Gordon, Hale, Hall, Hammond, Hansell, Harvill, Harris of Glynn, Harris of Mcintosh, Hawkins, Henderson, Hendry, Hendricks, Herri nffton. Hill of Troup, Howell, Hudson of Gwinnett, Huggins, Jackson, Johnson of Clayton. Johnson of Hall, Johnson of Jefferson, Jones of Chatham, Ketchum, Kimsey, Knox, Lamb, Lattimer of Appling, Lattimer of Montgomery, Mabry of Berrien, Mabry of Heard, Martin of Lumpkin, 258 JOURNAL OF THE * McConnell' of Cherokee, Simms, McDonald, , Sirmons, McLain, Sisk, McLeod, Spencer, McRae, Stapleton, Mershon, Starr, Milton, Stephens of Hancock, Mounger, Stephens of Pierce, Nisbet, Strickland of Forsyth, Overstreet, Strickland of Tatnall, Padget, Styles, Paris, Thomas of Whitfield, Patrick, Tillman, Pickett, Tomlinson, Pierce, Trippe, Pitts, Troup, PofFord, Tucker of Colquitt, Ponder, Turner of Wilcox, Prescott, Walton, Price, Waterhouse, Kamsey of Clinch, Webb, Keed, Wellborn, Kice, Whelchel, Richardson of Lee, Williams of Mcintosh, Sharpe. Williamson, Shropshire of Chattooga, Yates, Skelton, Young of Irwin. Simmons of Pickens, Those who voted in the negative are Messrs. Crawford of Greene, Crawford of Richmond, Davis of Chattahoochee, Davenport of Clay, Dickerson, Fort of Stewart, Fouche, French, Furlow, Garvin, Gholston, Glenn of Oglethorpe, Glover, Gray, Gresham, Gunn, Haines, Harris of Hancock, Alexander of Fulton, Alexander of Upson, Allen, Anderson, Arnold, Beasley, Bell of Forsyth, Beall of Troup, Benning, Black, Blalock, Briscoe, Bullard, Cantrell, Carson, Casey, Cobb, ' Cody, GEORGIA CONVENTION. 259 Harvey, Morrow, Hilliard, Xeal of Columbia, Hines, Neal of Talbot, Hoval, Phinizy of Monroe, Hood. Phinizy of Richmond, Hudson of Harris. Pittman, Hull. Porter, Humphries, Poullain, Hust, Reese, Jennings, Peynolds, Johnson of Oglethorpe. Robinson, Jones of Burke, Roddey, Jordan, Rutherford, Kenan. Saifold, Killffore. S harm an, Lamar of Lincoln. Singleton, Lamar of Bibb, Smith of Johnson, Low, Solomons, Lester, Spence, Lindlev, Street, Logan, Taliaferro, Logue, Tidwell, Lon°\ Toombs, Lvle, Tucker of Laurens, Manson, Varnadoe, Marshall, Willi ogham. McConnell of Catoosa, Williams of Harris, McCulloch, Willis, McDaniel, Winn of Cobb, Means, Word, Moore of Bulloch, Wright. Moor of Spalding, Yopp, Montgomery, Young of Cordon. So the motion to strike out prevailed. The seventh section of the second article of the Con- stitution was then taken up. The third clause of the same being up for consideration, Mr. Styles moved to strike out all after the word '-'slaves'' where it occurs therein. The motion prevailed. Mr. Thomas moved to add the words "except by a unanimous consent of the General Assembly." The motion was lost and the clause as amended was adopted. 260 JOURNAL OF THE On motion of Mr. Cobb, the second article of the Con- stitution as amended, was adopted. The third article was then taken up. The first section having been read, Mr. Patrick moved the following amendment to the first clause thereof : "The Governor shall receive a salary of three thousand dollars, which shall not be increased or diminished during the period for which he shall have been elected." The amendment was lost. On motion of Mr. Cobb, the words ''-viva voce" was in- serted in the second clause, in lieu of the words "joint ballot." The second section being up for consideration, Mr. Cobb moved after the word "vacancy," in the fourth clause, to insert the words "unless otherwise provided by law." The motion prevailed. Mr. Clarke moved to insert "elections," before the word adjournment," in the seventh clause, which motion pre- vailed. On motion of Mr. Cobb, the third article of the Consti- tution, as amended, was adopted. The fourth article was taken up. On motion of Mr. Cobb, the word "Ordinary," was in- serted, after the word "Inferior" in the first clause, of the first section, of said article; and after the word "Courts," the words composing the remainder of the original clause to be stricken out, and the following to be inserted: "as have been or may be established by law." Mr. Carswell moved to amend the second clause of the first section of said article as follows: To strike out the words "appointed by the Governor, with the advice and consent of two-thirds of," and insert the words, "elected by." Mr. Patrick offered the following amendment to said clause : The Supreme Court shall consist of three, who shall be elected by the persons qualified to vote for members of the General Assembly, on the first Wednesday in October, in the year of our Lord 1S61, and on the first Wednesday GEORGIA CONVENTION. 261 in October, every fourth year thereafter — which election shall be conducted at the time and places, and in the same manner, as for Governor, and shall receive a salary of S3, 000, annually, for their services. Mr. Singleton called for the previous question. The call was not sustained. The Convention then adjourned till 4 o'clock, P. M. 4 O'CLOCK, P. M. The Convention met pursuant to adjournment, and re- sumed the consideration of the unfinished business of the morning. Mr. Hawkins offered the following as a substitute for the amendments offered to the second clause of the first sec- tion, of the fourth article of the Constitution, and the original clause, to-wit: The Supreme Court shall consist of three Judges, who shall be elected by the Legislature, for the term of six years, and shall continue in office until their successors are elected and qualified, removable by impeachment and con- viction thereon. The amendment offered by Mr. Carswell was taken up. Mr. Johnson, of Jefferson, moved to adopt as a substi- tute for all, the following : "The Supreme Court shall consist of three Judges, who shall be elected by the Legislature for such term of vears as shall be prescribed by law. and shall continue in office until their successors shall be elected and qualified, remov- able by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon." Upon which motion, Mr. Hood demanded that the yeas and nays be recorded. There are yeas 63: nays 1-51, to-wit : ■ 262 JOUENAL OF THE Those who voted in the affirmative are Messrs. Bailey, Beasley, Brewton, Briscoe, Brown of Marion, Butts, Cars well, Chastain, Cheshier, Cleveland, Cochran of Terrell, Corn, Day, Giles, Cordon, Hale, Hammond, Harris of Glynn, Harris of Mcintosh, Hawkins, Hendry, Hendricks, Herrington, Hood, Huggins, Johnson of Clayton, Johnson of Hall, Johnson of Jefferson, Killgore, Kimsey, Knox, Lamb, Lattimer of Appling^ McDonald, Mershon, Milton, Moore of Bulloch, Montgomery, Patrick, Pickett, Price, .Ramsey of Clinch, Reynolds, Rice, S harm an, Simmons of Pickens 7 Simms, Sirmons, Sisk, Spence, Stapleton, Strickland of Forsyth, Strickland of Tatnall„ Styles, Taliaferro, Tidwell, Tomlinson, Tucker of Colquitt, Turner of Wilcox, Wellborn, Williams of Mcintosh, Wright, Yates, Those who voted in the negative are Messrs. : Adams of Camden, Adams of Putnam, Alexander of Fulton, Alexander of Upson, Algood, Allen, Anderson, Arnold, Bartow, Bell of Banks, Benning, Black, Blalock, Bo wen, Briggs, Brown of Houston, Bryan, Bullard, Bush, Byrd, Cannon of Rabun, Cantrell, GEORGIA CONVENTION. 203 Carson, Coleman, Crawford of Greene, Crawford of Richmond, Daniel, Davis of Chattahoochee. Davenport of Clay, Davenport of Sumter, Dewberry, Dickerson, Fain, Farnsworth, Fleming, Fields, Ford, Fort of Stewart, Fort of Wayne, Fouche, Freeman, French, Furlow, Gaulden, Garvin, Gholston, Glenn of Fulton, Glenn of Oglethorpe, Glover, Gray, Gresham, Gunn, Haines, Hansell, Harris of Hancock, Henderson, Hill of Troup, Hilliard, Hines, Howell, Hudson of Gwinnett, Hudson of Harris, Hull, Humphries, Hust, Jackson, Jennings, Johnson of Oglethorpe. Jones of Burke, Jones of Chatham, Jordan, Kenan, Ketch urn, Lamar of Lincoln, Lamar of Bibb, Lattimer of Montgomery, Low, Lester, Lindley, Logan, Logue, Lyle, Mabry of Berrien, Mabry of Heard, Manson, Martin of Lnmpkin, McConnell of Catoosa, McConnell of Cherokee, McCulloch, McDaniel, McDowell, McLain, McLeod, McRae, Means, Moor of Spalding, Morrow, Mounger, Neal of Talbot, Newton, Nisbet, Overstreet, Padget, Paris, Phinizy of Monroe, Phinizy of Richmond^ Pierce, Pittman, Pofford, Ponder, Porter, Poullain, Prescott, Reed, Reese, Richardson of Lee, Robinson, Roddey, 264 JOURNAL OF THE Rutherford, Saffold, Usry, Varnadoe, Walton, Water house, Webb, Whelchel, Whitehead, Willingham, Williams of Harris, Williamson, Willis, Winn of Cobb, Word, Yopp, Young of Gordon. Young of Irwin. Sharpe, Shropshire of Chattooga, Skelton, Singleton, Solomons, Spencer, Starr, Stephens of Hancock, Street, Thomas of Dooly, Thomas of Whitfield, Tillman, Toombs, Trippe, Tucker of Laurens, \ So the substitute was lost. Mr. Cobb called for the "previous question," which be- ing seconded and sustained, the main question, to-wit : the adoption of the original clause, was put, and decided in the affirmative. The third clause of said section and Article being under consideration, Mr. Fleming offered the following amend- ment : To insert after the word "time" the words " and place " and to strike out all after the word "law" down to the word " ordained" and to strike out all after the word "county" and insert the words " ef this State" The amendment was lost. On motion of Mr. Beall, of Forsyth, the word "six" in the first clause of the second section of said article was stricken out, and the word "four" inserted in lieu thereof. Mr. Chastain moved to strike out the said clause, and insert in lieu thereof, "the provisions of the existing law regulating the election of the Judges of the Superior Courts." Upon which motion the yeas and nays were demanded to be recorded. There are yeas 100; nays 1.06, to-wit: GEORGIA CONVENTION. 265 Those who voted in the affirmative, are Messrs. Adams of Putnam, Algood, Arnold, Bailev, Black, Blalock, Bo wen, Brewton, Briscoe, Butts, Byrcl, Cannon ot Rabun, Cannon of Wayne, Carson, Chastain, Cheshier, Cleaveland, Cochran of Terrell, Coleman, , Corn, Daniel, Davenport of Sumter, Day, Dickers on, Fain, Fields, Fort of Wayne, French, Gholston, Gordon, Hale, Hall, Harvill, Harris of Glynn, Harvey? Hawkins, Hendry, Hendricks, Herri ngton, Hood, Hudson of Gwinnett, Hudson of Harris, Huggins, Johnson of Clayton, Johnson of Hail, Johnson of Jefferson. Killgore, Kimsey, Knox, Lamb, Lattimer of Appling, Lattimer of Montgomery, Lester, Marshall, Martin of Lumpkin, McConnell of Catoosa, McConnell of Cherokee, McDonald, McLeod, Milton, Moore of Bulloch, Montgomery, Morrow, Paris, Patrick, Pickett, Pierce, Pittman. PofTord, Ponder, Prescott, Price, Ramsey of Clinch, Reynolds, Rice, Richardson of Lee. Robinson, Sharman, Simmons of Pickens, Sirmons, Sisk, Spence, Spencer, Stapleton, Street, Strickland of Forsvth. Strickland of Tatnall, Styles, Taliaferro, Tomlinson, Tucker of Colquitt, Turner of Wilcox, 266 JOURNAL OF THE Webb, Wright, West, Yates, Whelchel, Yopp, Will high am, Williams [of Harris, Those who voted in the negative are Messrs, Adams of Camden, Alexander of Fulton, Alexander of Upson, Anderson, Bartow, Bell of Forsyth, Beall of Troup, Benning, Briggs, Brown of Houston, Brown of Marion, Bryan, Bullard, Bush, Cantrell, Cars well, Cobb, Cody, Crawford of Greene, Crawford of Richmond, Davis of Chattahoochee, Davenport of Clay, Dewberry, Fleming, Ford, Fort of Stewart, Fouche, Furlow, Gaulden, Glenn of Oglethorpe, Glover, Giles, Gray, Gresham, Gunn, Harris of Hancock, Harris of Mcintosh, Henderson, Hill of Troup, Hilliard, Hines, Howell, Hull, Humphries, Hust, Jackson, Jennings, Johnson of Oglethorpe, Jones of Burke, Jones of Chatham, Kenan, Ketchum, Lamar of Lincoln, Lamar of Bibb, Low, Lindley, Logan, Logue, Lyle, Mabry of Berrien, Mabry of Heard, Manson, McCulloch, McDaniel, McRae, Means, Mounger, Neil of Talbot, Newton, Nisbet, Padget, Phinizy of Monroe, Phinizy of Richmond, Porter, Poullain, Reed, Reese, Roddey, Rutherford, Saffold, Sharpe, Shropshire of Chattooga GEORGIA CONVENTION. 267 Skelton, Tucker of Laurens, Simms, Varnadoe, Singleton, Walton, Smith of Johnson, Waterhouse, Solomons, Whitehead, Stephens of Hancock, Williamson, Thomas of Doolv, Willis, Thomas of Whitfield, Winn of Cobb, Tidwell, Wood, Tillman, Word, Toombs, Young of Gordon. Trippe, Young of Irwin. So the motion was lost. Mr. Reynolds offered the following amendment : To insert in the third clause, after the word " be" and before " appointed" the words " elected by the General As- sembly from the circuits in whiqh they reside." Mr. Varnadoe called for the " previous question" which being seconded and sustained, the main question was put, to-wit : the motion to adopt the original clause as amended^ which motion prevailed. On motion of Mr. Cobb, the words, "for violations against road laws, and for obstructing water courses," in the third clause of the second section, was striken out, and "violations of road law^s and obstructions of water courses jurisdiction of" was inserted. Mr. Hawkins moved to strike out all after the word "ex- cept" in the fourth clause of said section* The motion w T as lost. Mr. Cobb offered the following amendment to the fifth clause of the second section of said article. " And also in all equity causes which shall be tried in the county where one or more of the defendants reside, against whom substantial relief is prayed." The amendment was received. Mr. Jackson moved to strike out the word " certiorari" in the seventh clause, and insert the word " appeal" The motion was lost. 268 JOURNAL OF THE On motion of Mr. Cobb, the word " Legislature" in the 12th clause of said section, was stricken out, and the words " General Assembly" inserted in lieu thereof. The third section was taken up* Mr. Hansel moved to amend the 2d clause thereof, by striking out the words " elected by the persons entitled to vote for members of the General Assembly," and inserting, in lieu thereof, the words " appointed in the same manner as Judges of the Supreme Court." The motion prevailed. Mr. Hood moved to strike out the word " justices" in the third clause. The motion was lost. On motion of Mr. Cobb, the fourth article, as amended, was adopted. The fifth article was taken up. On motion of Cobb, the words, " by joint ballot" in the second section, was stricken out, and the words " viva voce" inserted in lieu thereof. He also moved to strike out the words, " and receive the ballots" The motion prevailed. Mr. Harris, of Glynn, moved to strike out all after the first sentence, in the sixth section. The motion pervailed. Mr. Cobb offered the following additional section. 7th. This constitution shall not take effect until the same is ratified by the people. And to this end there shall be an election held at all the places of public election in this State, on the first Tuesday in July 1861, when all the citizens of this State, entitled to vote for Governor, shall cast their ballots either for " Rati- fication "or "No Ratification." GEORGIA CONVENTION. 269 The election shall be conducted in the same manner as general elections and the returns shall be made to the Gov ernor. If a majority of the votes cast, shall be for " Ratification" the Governor shall by proclamation declare the constitution adopted by the people. But if for "No Ratification,'' that fact shall be proclaim- ed by the Governor, and this constitution shall have no ef- fect whatever. Mr. Tidwell offered the following ordinance, as a substi- tute for the foregoing : . Be it ordained by the people of Georgia in Convention assembled, and it is hereby ordained by the authority of the same, Section 1. That the constitution of the State of Georgia, agreed to and adopted by this Convention, on day of March, 1861, in lieu of the present constitution of this State, be submitted to the legal voters of the State, for their ap- proval or rejection, and upon their ratification of said con- stitution, the same shall become the constitution of this State in lieu of the present constitution. Sec. 2. That on the vote approving or rejecting said con- stitution, those voting, shall endorse on their tickets, u Rati- fication" or " No Ratification." And be it further ordained, That if any part or parts of said constitution, shall be objectionable to said voters, that they be allowed to endorse, " No Ratification " to such parts, specifying such sections as they may refuse to ratify, on their tickets. And in the event that any one or more sections of said constitution should be rejected by a majority of the votes cast, said section or sections, shall not become a part of said constitution, but the remainder of said constitution not rejected by a majority of the votes as aforesaid, shall be considered as ratified, and become a part of the constitution of this State, and in lieu of the present constitution, so far as the same may extend. 270 JOUENAL OF THE Sec. 3. That an election be held on the first Wednesday in July next, at the several places of holding elections in this State, for members to the General Assembly, and that said election be held and managed in the same way and manner that elections are held by the laws now in force for members to the General Assembly. And that all persons entitled to vote for such members, be and they are hereby entitled to vote in said election for the ratification or rejec- tion of said constitution, as provided for by this ordinance, with this additional privilege, that each citizen who would be entitled to vote in the county of his residence, may vote in any county in the State. Sec. 4. The returns of said election shall be consolidated, sealed up, and forwarded to the Executive Department at Milledgeville, when the said returns from the respective counties shall be opened and consolidated, and his Excel- lency the Governor of this State, is hereby authorized and required to issue, and have published, his proclamation, an- nouncing the ratification or rejection of said constitution, or such parts thereof as may be ratified or rejected accord- ing to this ordinance. Sec. 5. That said constitution or such parts thereof as shall be ratified by the votes of the people, held under this ordinance, shall take effect and be of force from and after the tenth day of August, 1861. Mr. Bell, of Forsyth, moved the indefinite postponement of the foregoing substitute. Mr. Hull offered the following as an amendment, and sub- stitute for both the original and substitute : Resolved, That the action of this Convention altering the constitution, shall be submitted to a vote of the people, on the first Tuesday in July next, in the following manner: Reduction of Senate. Ratification. Reduction of Senate. No Ratification. GEORGIA CONVENTION. 271 Constitution. Katification. Constitution. No Ratmcation. If a majority shall vote to ratify the reduction of the Sen- ate, the Governor shall make proclamation for the conduct of the voters at the election in October next. If a majority shall vote to ratify the constitution, the Governor shall make proclamation thereof, declaring it to be the Supreme Law. Elections in the premises and the returns made in the usual manner. Mr. Chastain called for the "previous question" which be- ing seconded and sustained, the main question, to-wit, the adoption of the original section was put, and decided in the affirmative. Mr. Cobb then moved the adoption of the fifth article as amended. The motion prevailed. Mr. Cobb, from the Committee on the Constitution and Laws to whom was recommmitted the 21st section of the Bill of Eights, reported the following amendment, to come in after the word "granted" " and the right to carry water over land for the purpose of mining or draining." ( The report was taken up and adopted. Mr. Cobb, from the same commtttee, to whom was re- committed the sixth clause of the first section, of the second article of the constitution, reported the following amend- ment; to insert after the word "felony" the words " involv- ing any species of the crimen falsi." The report was taken up, and adopted. Mr. Cobb moved to amend the fifth clause of section second, of the third article of the constitution, by adding the words " during the same session or the recess thereafter." The motion prevailed. 272 JOURNAL OF THE Mr. Whitehead offered the following resolution : Resolved, That one thousand copies of the constitution as amended, be printed for the use of the members of the Con- vention. The Convention then adjourned till ten o'clock to-mor- SATURDAY, MARCH 23, 1861. - The Convention met in secret session, when the journal of yesterday was read. Mr. Johnson, of Hall, moved to reconsider so much of the journal of yesterday as relates to the adoption of the fourth clause of the sixth section of the second article of the Constitution, as amended. The motion to reconsider did not prevail. Mr. Fouche moved to reconsider so much of the journal of yesterday as relates to the action of the Convention in striking out the 5th clause of the 6th section of the 2nd article of the Constitution. The 'motion to reconsider did not prevail. Mr. Chastain moved to reconsider so much of the journal of yesterday as relates to the rejection of his motion to strike out the third clause of the first section of the fourth article of the Constitution. The motion to reconsider did not prevail. Mr. Tidweli moved to reconsider so much of the journal of yesterday as relates to the rejection of his substitute for Mr. Cobb's additional section to the fifth article of the Con- ssitution. The motion to reconsider did not prevail. On motion of Mr. Cobb, the Constitution, as amended, was then adopted as a whole, and was so proclaimed by the President. GEORGIA- CONVENTION. 27? Mr. Cobb offered the following resolution, which was taken up, read, and agreed to : Resolved, That ten thousand copies of the Constitution of the Confederate States, and of the State of Georgia, as adopted by this Convention, shall be printed and distributed to the several members of this Convention, for the purpose of general distribution. Mr. Hawkins, from the Committee to organize the State into ten Congressional Districts, made the following report: The Committee to whom was referred the organization of ten Congressional Districts for the State of Georgia, re- port the following : AN ORDINANCE ■ The people of Georgia in Convention assembled do hereby de- clare and ordain, That the Congressional Districts of this State shall be arranged by counties as follows : The First District shall be composed of the following, counties : — Appling, Bryan, Bulloch, Chatham, Camden, Charlton, Clinch, Coffee, Effingham, Emanuel, Glynn, Lib- erty, Mcintosh, Montgomery, Pierce, Scriven, Telfair, Tat- nail, Ware, and Wayne. The Second District shall be composed of the counties of Baker, Berrien, Brooks, Calhoun, Clay, Colquitt, Dooly.. Decatur, Dougherty, Early, Echols, Irwin, Lee, Lowndes Mitchell, Miller, Randolph, Terrell, Thomas, Wilcox, and Worth. ^*K> f -^*-*V ,. v * if- *' : r»- , «• ; ft ''>•*. »\ The Third District shall be composed of the counties of Chattahoochee, Harris, Muscogee, Marion, Macon, Quitman. Stewart, Sumter, Schley, Taylor, Talbot, and Webster. The Fourth District shall be composed of the counties of Baldwin, Bibb, Crawford, Jones, Jasper, Houston, Laurens, Putnam, Pulaski, Twiggs, and Wilkinson. 274 JOURNAL OF THE The Fifth District shall be composed of the counties of Burke, Columbia, Glasscock, Hancock, Jefferson, Johnson, Lincoln, Richmond, W arren, Wilkes, and Washington. The Sixth District shall be composed of the counties of Clark, Elbert, Franklin, Greene, Hart, Madison, Morgan, Newton, Oglethorpe, Taliaferro, and Walton. The Seventh District shall be composed of the counties RESOLUTIONS Of the State of Mississippi, declaring secession to be the proper remedy for the Southern States. Whereas, The Constitutional Union was formed by the several States in their separate, sovereign capacity, for the purpose of mutual advantage and protection. That the several States are distinct sovereignities, whose supremacy is limited so far only as the same has been delegated by voluntary compact to a Federal Government, and when it fails to accomplish the ends for which it was established, the parties to the compact have the right to resume, each for itself, such delegated powers. That the institution of slavery existed prior to the formation of the Federal Con- stitution, and is recognized bv its letter, and all efforts to APPENDIX. 315 impair its value or lessen its duration by Congress, or any of the free States, is a violation of the compact of Union, and is destructive of the ends for which it was ordained, but in defiance of the principles of the Union thus established, the people of the Northern States have assumed a revolu- tionary position towards the Southern States, that they have set at defiance that provision of the Constitution which was intended to secure domestic tranquility, among the States, and promote their general welfare, namely : " No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be nue." That they have by voluntary associations, individual agencies, and State Legislation, interfered with slavery as it prevails in the slaveholding States. That they have enticed our slaves from us, and by State intervention, obstructed and prevent- ed their rendition under the fugitive slave law. That they continue their system of agitation obviously for the pur- pose of encouraging other slaves to escape from service, to weaken the institution in the slaveholding States, by ren- dering the holding of such property insecure, and, as a con- sequence, its ultimate abolition certain. That they claim the right, and demand its execution by Congress, to exclude slavery from the Territories, but claim the right of protection for every species of property owned by themselves. That they declare in every maimer in which public opin- ion is expressed, their unutterable determination to exclude from admittance into the Union any new State that tolerates slavery its Constitution, and thereby force Congress to a condemnation of that species of property. That they thus seek, by an increase of abolition States, "to acquire two- thirds of both houses," for the purpose of proposing an amendment to the Constitution of the United States, abolish- ing slavery in the States, and so continue the agitation, that the proposed amendment shall be ratified by the Legisla- tures of three-fourths of the States. That to encourage the stealing of our property, they have put at defiance that pro- APPENDIX. vision of the Constitution, which declares that fugitives from justice into another State, on demand of the Executive authority of the State from which he fled, shall be delivered up. That they have, in violation of the comity of all civil- ized nations, and in violation of the comity established by the Constitution of the United States, insulted and outraged our citizens, when travelling amongst them for pleasure, health, or business, by taking their servants, and liberating the same under the forms of State laws, and subjecting their owners to degrading and ignominious punishment. That they have sought to create domestic discord in the Southern States by incendiary publications. That they encourage a hostile invasion of a Southern State, to excite insurrection, murder and rapine. That they have deprived Southern citizens of their pro- perty, and continue an unfriendly agitation of their domes- tic institution, claiming for themselves perfect immunity from external interference with their domestic policy, we of the Southern States alone made an exception to that uni- versal quiet. That they have elected a majority of Electors for Presi- dent and Vice President, on the ground that there exists an irreconcilable conflict between the two sections of the Con- federacy, in reference to their respective systems of labor, and in pursance of their hostility to us and our institutions, thus declaring to the civilized world, that the powers of this Government are to be used for the dishonor and over- throw of the Southern section of this great Confederacy. Therefore, Be it Resolved by the Legislature of the State of Mississippi, That in the opinion of those who now constitute the said Legislature, the secession of each aggrieved State is the proper remedy for these injuries. J. A. P. CAMPBELL, Speaker of the House of ^Representatives. JAMES DP AXE, President of the Senate. Approved, November 30, I860. JOHN J. PETTUS. appendix. 317 The State of Mississippi. At a Convention of the people of the State of Mississip- pi, began and holden at Jackson, the seventh day of January, in the year of our Lord one thousand eight liundred and sixty-one: AN ORDINANCE To dissolve the union between the State of Mississippi and other States, united with her under the compact entitled the Constitution of the United States of America. The people of the State of the State of Mississippi, in Conven- tion assembled, do ordain and declare, and it is hereby ordained and. declared as follows, to-wit : Section 1st. That all the laws and ordinances by which the said State of Mississippi became a member of the Fede- ral Union of the United States of America, be and the same are hereby repealed ; and that all obligations on the part of the said State or the people thereof, to observe the same be withdrawn ; and that the said State doth hereby resume all the rights, functions, and powers which by any of said laws or ordinances, were conveyed to the Government of the said United States, and is absolved from all the obliga- tions, restraints and duties incurred to the said Federal Union, and shall from henceforth be a free, sovereign, and independent State. Sec. 2d. That so much of the first section of the seventh article of the Constitution of this State, as requires mem- bers of the Legislature, and all officers, executive, and judicial, to take an oath or affirmation to support the Constitution of the United States, be and the same is hereby abrogated and annulled. Sec. 3d. That all rights acquired and vested under the Constitution of the United States, or under any act of Con- gress passed, or treaty made in pursuance thereof, or under any law of this State, and not incompatible with this ordi- nance, shall remain in force, and have the same effect as if this ordinance had not been passed. Sec. 4th. That the people of the State of Mississippi, hereby consent to form a Federal Union, with such of the 31S APPENDIX. States as may have seceded, or may secede from the Union of the United States of America, upon the basis of the pre- sent Constitution of the said United States, except such parts thereof as embrace other portions than such seceding States. Done at Jackson, the ninth day of January, in the year of our Lord one thousand ei°ht hundred and sixty-one. WILLIAM S. BARRY, President. Attest : F. A. Pope, Clerl; RESOLUTION Providing for the appointment of Commissioners, &c. Resolved by the Legislature of the State of Mississippi, That the Governor be requested to appoint as many Commis- siones as in his judgment may be necessary to visit each of the slaveholding States, and designate the State or States to which each Commissioner shall be commissioned — whose duty it shall be to inform them that this Legislature has passed an act calling f Convention of the people of the State, to consider the present threatening relations of the Northern and Southern sections of the Confederacy, aggra- vated by the recent election of a President upon principles of hostility to the States of the South, and to express the earnest hope of Mississippi that those States will co-operate with her in the adoption of efficient measures for their com- mon defence and safety. Resolved, That should any Sonthern State not have con- vened its Legislature, the Commissioner to such State shall appeal to the Governor thereof, to call the Legislature to- gether, in order that its co-operation be immediately se- cured. J. A. P. CAMPBELL, Speaker of the House of Representatives. JAMES DRANE, President of the Senate: Approved, November 30, 1860. JOHN J. PETTUS. APPENDIX. 319 THE STATE OF LOUISIANA. AX ORDINANCE To dissolve the union between the State of Louisiana and other States united with her under the compact entitled " the Constitution of the United States." Be, the pcop/rr.f* the State of Louisiana, in Convent ton assem- bled, do declare and ordain, and it is herebu declared and or- dained, That the ordinance passed by us on the 22d day of November, in the year eighteen hundred and eleven, where- by the Constitution of the United States of America, and the amendments of said Constitution were adopted, and all laws and ordinances by which the State of Louisiana be- came a member of the Federal Union, be and the same are hereby repealed and abrogated ; and that the union now subsisting between Louisiana and other States under the name of " the United States of America " is hereby dis- solved. We do farther declare and ordain, That the State of Louis- iana hereby resumes all rights and powers heretofore dele- gated to the Government of the United States of America ; that her citizens are absolved from all allegiance to said government, and that she is in full possession and exercise of all those rights of sovereignty which appertain to a free and independent State. We do further declare and ordetin, That ail rights acquired and vested under the Constitution of the United States, or any act of Congress, or treaty, or under any law of this State and not incompatible with this ordinance shall remain in force, and have the same effect as if this ordinance had not been passed. Adopted in Convention, at Baton Rouge, this twenty- sixth day of January, eighteen hundred and sixty-one. Signed by the Hon. ALEXANDER MOUTON, President of the Convention of the State of Louisiana. A true copy of the original. J. Thomas Wheat, Secretary of the Convention, 320 APPENDIX. THE STATE OF LOUISIANA. RESOLUTION In reference to the free navigation of the Mississippi river. Resolved, That we, the people of the State of Louisiana, recognize the right of the free navigation of the Mississippi river and its tributaries by all friendly States bordering thereon. And we also recognize the right of egress and ingress of the mouths of the Mississippi river by all friendly States and powers ; and we do hereby declare our willing- ness to enter into any stipulations to guarantee the exercise of said rights. Adopted in Convention, at Baton Rouge, this twenty- sixth day of January, eighteen hundred and sixty-one. (Signed) A. MOUTON, President of the Convention of the State of Louisiana. ■ A true copy from the original. J. Thomas Wheat, Secretary of the Convention. THE STATE OF LOUISIANA. AN ORDINANCE - To provide for the appointment of delegates to a Conven- tion to form a Southern Confederacy. We, the people of Louisiana, in Convention assembled, do de- clare and ordain, and it is hereby declared and ordained, First, That this Convention will, on the thirtieth day of January instant, at the hour of 12 M., proceed to elect viva voce, six delegates, two from the State at large, and one from each Congressional District, to represent this State in the Convention of seceding States proposed to be held at Montgomery, in the State of Alabama, on the fourth day of February, eighteen hundred and sixty-one, for the purpose of securing concerted and harmonious action, and also of forming a provisional government for those States, which have seceded, and which may secede, and intend to form a Southern Confederacy. APPENDIX. 321 Second, That the said delegates be instructed to aid in forming a provisional government on the basis of the Con- stitution of the United States for such States as have sece- ded or may secede, to be established and put in operation before the fourth day of March, 1S61, and that the same Convention of seceding States shall proceed forthwith to consider and propose a Constitution and plan for a perma- nent government for such States, which proposed plan shall be referred back to the several State Conventions for their adoption or rejection. Third, That this Convention accepts the recommenda- tion of the State of South Carolina that each State be enti- tled to one vote in the said Convention upon all questions which may be voted upon therein ; and that each State send as many delegates as are equal in number to the num- ber of Senators and Representatives to which it was enti- tled in the Congress of the United States. Fourth, That if from any cause, the said Convention, should not assemble at the time and place above mentioned, then, and in that event, the said delegates be, and they are hereby accredited to any Convention of seceding States which may meet at any other time and place having for its object the formation of a government and the establishing of a Confederacy, as herein before prescribed, and which may adjourn to meet at any other time and place. Adopted in Convention, at the city of New Orleans, this twenty-ninth day of January, eighteen hundred and sixty- one. (Signed) A. MOUTON, President of the Convention. A true copy of the original. J. Thomas Wheat, Secretary of the Convention. 322 APPENDIX. [Report of D. C. Campbell, Esq., Commissioner from Georgia to Delaware.'] Milledgeville, March 4th, 1861. To the Honorable the President and Members of the Convention <2/" People of Georgia : In pursuance of my appointment by your body as Com- missioner to the State of Delaware, I have visited Dover, the Capital of that State, and, to the best of my ability, discharged the trusts you confided to me. On my way thither, at Washington city, I learned from those most competent to give information, the state of public senti- ment in Delaware in regard to questions Connected with the objects of my mission ; that a large majority of the people were aggrieved at the aggressions of the Northern upon the Southern States ; that their sympathies and inter- ests were with the latter, and that on the withdrawal of Virginia and Maryland from the United States, Delaware would unquestionably follow them and unite her destinies with the Confederate States of the South. I learned also that the Legislature of the State, then in session, was not regarded as a true exponent of the sentiments of the people on these points, and was advised to address myself to the Executive. On reaching Dover, I found that one branch of the Legislature, the Senate, had a majority of one, known and recognized as Democrats, and the other branch, a ma- jority of one, though not elected such, called and regarded as Republicans. After a long, social and satisfactory inter- view with his Excellency Gov. Burton, and a consultation with a number of the leading and prominent men of the State, most friendly to the objects of my mission, all of whom concurred in the opinion that the objects I had in view would be best promoted by addressing myself to the Executive, I concluded to make no application for a hear- ing before the Legislature. Accordingly I addressed a com- munication to the Governor setting forth the objects of my mission and briefly discussing the advantages that would result to Delaware by her union with a Southern Confeder- acy, and enclosed therein the documents I had been instruc- ted to lay before the constituted authorities of the State. APPENDIX. 323 The Governor promptly transmitted my communication to the Legislature, without any comment, except that in his message accompanying it he renewed a previous recommen- dation for a call of a Convention of the people to take into consideration the questions then agitating the country. The Senate immediately took up the message for considera- tion and adopted a resolution, in substance, affirming that Delaware appreciated the courtesy of Georgia in sending a Commissioner to her ; that in view of her location and the state of things existing in the States around her, the time for action on her part had not arrived, and that when it did come, Delaware would pursue that course that would best promote her interests. The House postponed for the pres- ent any action on the message of the Governor, and I have not yet learned what, if any, has been its action on the subject. It was expected the Legislature would continue its session till after the 4th of March, that it might mark out its future course by the events of that day. Hence it may be, that the final action of the Legislature has not yet been forwarded to me. I cannot conclude this report without giving it as my decided opinion, formed from the declarations made to me by a large number of the prominent and leading men of Delaware, including some who have heretofore rilled her Executive chair and represented her in both branches of the Congress of the United States, members of all parties into which the country has heretofore been divided, that when- ever Virginia and Maryland shall withdraw from the Union, Delaware would follow in their footsteps. She will not consent to unite her destinies with a Northern Confederacy while she can form an alliance with one at the South, with which she is more identified by interest and to which she is drawn by sentiment and sympathy. It is due to the State of Delaware and to myself, that I should gratefully acknowledge, as I here do, the kindness and courtesy extended to me, as your humble representa- tive, by the Executive and other officers and citizens of Delaware with whom, during my visit, I was thrown in contact. 324 APPENDIX. A copy of rny communication to Gov. Burton accompa- nies this report. With great respect, Your obedient servant, D. C. CAMPBELL. [Copy of communication addressed to the Governor of Delaware by D. C. Campbell, Commissioner, SfcJ] Dover, Del., Feb. 12th, 1861. His Excellency Gov. Burton : Deae Sir : — I have already had the honor to place in your hand my credentials accrediting me as a Commissioner to the State of Delaware, from a Convention of the people of the State of Georgia, recently assembled at her capitol. The object of my mission is two-fold. 1st, To lay before the constituted author- ities of your State the ordinance of secession, by which the State of Georgia has repealed the ordinance by virtue of which she became a member of the late Confederacy known as the United States of America, has withdrawn from that Confederacy, and has declared herself a free, sovereign and independent State. The second object of my mission is, in the name of my State, to invite the co-operation of Del- aware, with Georgia and the other seceding States, in the formation ot a Southern Confederacy. In obedience to my instructions, I beg leave to lay before you the following documents, all of which are enclosed : 1st, A resolution of the Georgia Convention declaring it the right and duty of Georgia to secede from the Union. 2d, An authenticated copy of the ordinance of secession. 3d, A resolution of the Convention uniting with Ala- bama in the invitation to the State of Delaware, to send Commissioners to represent her at Montgomery, Ala. 4th, A resolution of the Convention appointing Com- missioners to Delaware and other States and defining their duties. I beg leave respectfully to ask you to take into consid- eration these documents, exhibiting the objects of my mis- APPENDIX. 325 sion, and if you approve the measure, to lay the same be- fore the Legislature. You will perceive that the prominent object of my mis- sion is to invite the co-operation of Delaware in the forma- tion of a Southern Confederacy. Georgia, in the movement she has made, has not acted in haste or with precipitancy, nor without calm deliberation, and after having counted the cost. She did not withdraw from the Union till she had lost all hope of being able to maintain the rights and equality guaranteed to her by the compact into which she had entered, and to enjoy the domestic tranquility which was one of the prominent objects of that compact to secure to her. She has now passed the rubicon, and with no in- tention of taking any steps backwards. Already in alliance with other of her sister and neighboring States who have formed a provisional government, and intend speedily to •organize a permanent government upon the basis of the Constitution of the United States, she looks with interest to those of the Slaveholding States who have not yet cast in their lot with her, and from whom she has been compell- ed to separate, not without feelings of deep and poignant regret. They have heretofore battled with her for the same rights, triumphed with her in the same successes, and mourned with her over the same reverses. Although it is well known in Georgia that Delaware, in proportion to her population, has not as deep an interest in the institution of slavery as the other border Slaveholding States, yet it is well known that she is identified with Georgia in interest, more so in sentiment, in principle, and in sympathy ; and it is confidently believed is destined, ere long, under the force of events rapidly crowding upon her, to be identified with her in action and in her future destiny. It is no part of my duty to indicate to the State of Del- aware what course it may comport with her honor or her interest to pursue, yet pardon me in making the suggestion that the Cotton States are agricultural in the pursuits of their people, and have heretofore been dependent on the Northern States mainly for the products of manufacturing and mechanical labor. Hereafter they will look for these products across the Atlantic, if they cannot be furnished 326 APPENDIX. by States in alliance with them. Those Southern border States, therefore, who are far advanced in manufacturing and mechanical skill have now tendered to them the entire South for a market, and that without a rival. One other consideration. Free trade or an approxima- tion to it will probably prevail in the Southern Confedera- cy. Delaware has her sea ports. Is it unreasonable to suppose that under the high protective tariffs that will prevail in the Northern Confederacy, that those sea ports may attach to them when they can sell goods at lower prices, because imported under a lower tariff, an extensive and valuable commerce which never heretofore has reached them ? But on this topic I forbear. I have only to add, that it is the sincere and earnest de- sire of the State of Georgia that all the Slaveholding States may be united in the Confederacy, the nucleus of which is already formed, and that Delaware wall be among them, exhibiting as she has done in the Union that has ceased to exist, her full quota of talent and moral worth, and con- tributing her full quota to its prosperity. With sentiments of profound respect, I have the honor to be, Respectfully, Your obedient servant, D. C. CAMPBELL. [Report of Gen. J. W. A. Sa?ford, Commissioner from Georgia to Texas.'] ■ Milledgeville, March 7th, 1S61. Sir :— It is known to your honorable body, that on the day af- ter my appointment as Commissioner to Texas. I set out for the city of Austin, the Capital of that State. Upon my arrival at that point, I found its Convention in session, and forthwith proceeded to make known the object of my mis- APPENDIX. 327 sion. I am happy to inform you that body of enlightened statesmen and patriots, cordially endorsed the late action of Georgia, and their people, not less cordial in their ap- proval of her course, have followed her example and pro- claimed in the last four days, with almost one voice for Southern independence and the establishment of a South- ern Confederacy. Although their determination, in this respect, from its public notoriety must have already reached you through different channels, yet I have consid- ered it proper in closing my embassy, to authenticate the fact by communicating it officially to your honorable body. From the evidence which this spirited and patriotic race of men have thus given of their loyalty and devotion to Southern rights, I feel that I pay but a just tribute to the courage and patriotism of the people of Texas, in saying, having upon mature deliberation, adopted this measure as a last resort to protect their interests and institutions from North- ern encroachment and usurpation, and to vindicate their honor and character from the ignominous imputation of abject submis- sion to wanton outrage and insult, they ivill stand by their act "at every hazard and to the last extremity" In my admiration of their conduct, I can not but contrast their noble attitude with the humilitating supplicating posture of others vainly begging upon their hiees, as a gracious boon what as freemen and equals they should demand with arms in their hands. Upon the occasion of this most welcome and valued ac- cession to our cause, I rejoice that it is our privilege to hail the " Lone Star " as one of the Southern Constellation, making now our number seven. Like the seven stars of the Heavens, may they revolve harmoniously in their orbit, increasing in beauty and splendor in their onward and up- ward course ; unlike the fabled Pleiades of antiquity, may no one of their number shoot madly from its sphere, unhap- pily doomed to become an isolated wanderer, with no fixed track until all set to rise no more. I have the honor to be with sentiments of hi