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 BODOHTON NISBi:r, BARNE-; vt MOORE, Statk Pktxtsr 
 
 MlLT.KPr.KVII.LR, GA., 
 
 * ISo!. 
 
PHEFACE. 
 
 The following publication of the Acts of a public and 
 g^ieral character, passed at the late called session of 
 the G-encral Assembly, is made by direction of the Gov- 
 ernor, in pursuance of a joint resolution assented to IStli 
 March, 1S()4 ; which is as follows: 
 
 '^fVhnms great inconvenience is felt by the citizens of 
 this State,viD the delay of the publication of the laws enac- 
 ted by the X>eneral Assembly, be it therefore, 
 
 Resolved by the. Senate and House of Representatives, That the 
 Governor of this State cause to be collected and published 
 in' a convenient form, all the public or general laws, so soon 
 as the same shall receive his approval ; and that one copy 
 of the same be sent to each of the Judges of the Supreme 
 and Superior Courts, and a copy to the"" Clerks of the Su- 
 perior and Inferior Courts and the. Ordinaries of each of the 
 several counties of this State, and to the members of the 
 legislature ; and that the expenses of said publication be 
 paid for from the Treasury of this State,'' 
 
 H. H. WATERS. 
 
 ^ Executive Department, Milledgeville March 21, 1S64. 
 
PUBLIC LAWS. 
 
 (No 1.) 
 
 An Ad id reduce the bonds of llcccicers of Tux Returns and 
 Ta.v Collectors of this State, and to repeal so much of the one 
 hundred and forty sixth section of the Code, as limits the secu- 
 rities on said b()nds to the mimber (f jin . 
 
 SEcnox I. Dc it enacted by the Genr.rai Asscmblif o/' Georgia , 
 That from aw<I after the passage of this Act, all bonds here-' 
 after taken from the Receiv^ers of Tax Returns for the faith- 
 ful discharge of their duties, shall be taken for half of the 
 amount of the State tax supposed to be due from the coun- 
 ty for the year in. which said officers shall give bond ; the 
 amount of said bonds to )>e filletl up by tiie Comptroller 
 General before being sent out to the sev(jral counties from 
 the Executive ofli<ie. - 
 
 Sec. II. Be it furthr enacted.:, That from and after the 
 passage of this Act, all bonds hereafter taken from Tax Col- 
 lectors, shall be taken for thirty-three and one third per cent 
 more than the State tax supposed to be due from the coun- 
 ty for th'e year for which said officer is required to give 
 bond ; the amount of said bonds to be filled up by the 
 Comptroller General before being sent out to the several 
 counties from the Executive office. 
 
 Sec. II L Be it further enacted, That the 14Gth section of 
 the Code of Georgia be amended by striking out the word 
 five, and inserting ten, so as to make it read 'such bonds shall 
 not be approved by the approving officers, unless they have 
 at least two good and solvent sureties, and not m6re than 
 ten. 
 
 Approved March 17, 1SG4. 
 
 (No. -2.) 
 
 An Act to amend the \5(h section of an Act entitled an Art to 
 reorganize the militia of the State oj Georgia, and for other 
 purposes, approved December 14:th, 1S63. 
 
 Section I. The General Assembly of the State of Georgia' do 
 enact, That the following words shall be added to the said 
 
fifteenth section : But all persons to whom certiflcates of 
 disability may be granted by district Surgeons, shall be 
 subject to re-examination at* least once a year, except those 
 to whom said Surgeons maygrant certificates of permanent 
 disability. 
 
 Sec II All laws and parts of laws militating against 
 this Act be, and the same are liereby Repealed. 
 
 Assented to March IS, 1S()4. 
 
 (No. 3.) 
 
 Ati Act to amend (he 167 Oth se^ion of the Code of Georgia. 
 
 Section I. The General Assembly of Gcorgi(7 do enact, That 
 from and after the passage of this Act, the following shall 
 be good"grounu.s for a total divorce in favor of any loyal fe- 
 male a resident of the fState of Georgia : 1st. Tb.at her 
 husband is in the military service of the United States. 
 2d. That her husband has been, or is voluntarily within the 
 lines of the enemy, furnishing them aid and comfort. . 
 
 Sec. II. lie it further enacted, That all coftflicting laws 
 be, and the same are hereby repealed. 
 
 Assented to March IS, 1SG4. 
 
 (No. 4. 
 
 A/i Act to admit coi^cs of deeds and otJierinstrun): ids, in evidencCy 
 
 ivhe7i the orizinals are in the United States. ~ 
 
 Section I. The General Ass^thbj of the Suite of Georgia 
 do enact, That from and after tlie passage of this Act, in all 
 cases now pending, or hereafter instituted, the fact that a 
 deed, bond, or any other instrument which would be legal 
 evidence if offered as such, is in the United States or eith- 
 er of thern, shall form the same foundation for the introduc- 
 tion of secondary evidence, as the loss or destruction of the 
 paper would do; and trie preliminary fact shall be proved 
 in the same manner as such loss or destruction would have 
 to be proved. 
 
 Assented to March IS, 1S64. 
 
 (No. 5.) 
 An Act to authorize the Governor to impress,- in certain cases, 
 the rolling stock of Rail Roads, either oj this State, or to he 
 found in this State, not being in use at the time of said impress- 
 ment, or other conveyance, for the pvrjiose of transporting sup- 
 plies and provisions purchased or ordered hereafter to he pur- 
 chased, under any law of this State, for the indigent families of 
 soldiers, en paying just compcnsaiion. 
 ■ Section I. The General Assembly do enact, That the Govern- 
 
or shall have power whenever he may deem the necessity of 
 the case may require it, to impress any rolling stock of any 
 of the Rail Roads of this State, or other conve3'ance, or of 
 any to be found in this State, when the same is not in use 
 by said Rail Roads or other owners thereof, for the pur- 
 pose of transporting supplies purchased for the indigent 
 families of soldiers under any law of this State. 
 
 Sec. II. And be It further enacted, That said impressment 
 being made, he shall have power to use the Rail Road 
 tracks in this State for said rolling stock, making proper 
 and suitable arrangements with the authorities controlling 
 the same for t^hat purpose, on such terms as are usual in such 
 cases; 2>/"oj-"/«/ nothing shall In this act be so construed as 
 to authorize an mterferonce with the transportation on any 
 of said Rail Roads, with tlie armies of the Confederate 
 States, or the supplies for the same. ' 
 
 Sec. III. And be it further enacted, Tiiat such compen- 
 sation shall be paid by the Governor, for the use of said 
 rolling stock of Rail Roads, as well as the tracks of such 
 other roads over which it is passed, as is usual and customa- 
 ry in such cases with Rail Road corporations. 
 
 Sec. IV. And be it further enacted, That if any other con- 
 veyance is impressed under this Act, and disagreement 
 arises as to the compensation to be paid, the same shall be 
 determined by three assessors,! one to be chosen by the 
 State, and proprietor or owner of said conveyance, respect- 
 ively, and the third, by the two thus selected; and their de- 
 cisioi: shall be the measure of compensation to be paid. 
 
 Sec. V. And be it further aiacted, That the expensb of 
 the transportation of said supplies, is to be paid out of mo- 
 neys already appropriated for the support of indigent sol- 
 diers' families for the year IS64, and to be deducted from 
 the aniounts due those for whose beneht said expenses are 
 incurred. 
 
 Sec. YL Be it further enacted, Tlmt this act shall take 
 effect from its passage. 
 
 Assented to March J 9, 1S(34. 
 
 (No. 0.) 
 
 An. Act, to exempt certain persons fro?n service in the Militia of 
 the State of Georgia. 
 
 Section I. Br it enacted, Tiiat the following named per- 
 sons, in addition to those already declared exempt, shall be 
 exempted from militia duty under t!ie Act of the General 
 Assembly, approved 14th "December, 1863 ; All State Tax 
 Receivers, one editor of eacii newspaper published on the 
 14th of December, 1SG3, and as many persons employed in 
 
s 
 
 printing and publishing the same, as the editor may on oath 
 declare to be absolutely essential to its publication; and all 
 ministers of religion, duly authoj-ized to preach according 
 to the rules of their sect, in the regular discharge of minis- 
 terial duties. 
 
 Sec. II. All conflicting laws are hereby repealed. 
 
 Assented to March 19, 1SG4. 
 
 (No. 7.) 
 
 An Act to require tlie Reporter of the Suprane Court to imhUslt 
 the decisions of the Siqjrcme Court, inpamj^hktform. 
 
 Section I. Be it enacted by the Genmil Asmnbhf of Geor- 
 gia, That the Reporter of 'the Supreme Court s'h all pub- 
 lish, as soon as possible after each session of the Supreme 
 Court, the decisions, thereof, in pamphlet form, instead of 
 bound volumes. A|i(l said reporter shall furnish to the 
 Clerks of the Superior Courts of each county, three copies 
 of his reports in pamphlet form, to be paid for out of the 
 contingent fund of this State. 
 
 Assented to JMarch 21, 1S64. 
 
 . rNo. 8.) 
 
 An Act to a IJuw persons to administer iqjon iiroperty in the county 
 to which it has been moved/or security J) om the encviy. 
 
 Whereas, In consequence of the insecurity of property in 
 the vicinity of the enemy, and in places imminently exposed 
 to the depredations of th3 enemy, that belonging to the 
 estates of deceased persons, in many instances, has been 
 moved away before being administered upon, and adminis- 
 tration cannot b'e had under the existing law, greatly to 
 the injury, and inconvenience ol persons interested. 
 
 Section. I. Therefore Jjc it enacted by the Senate and House of 
 Represenfalivcs in General Assembly nut, and it is hereby ctiacted 
 by authority of the same, That in all cases, whereon account of 
 the insecurity aforesaid, property belonging to the Estates 
 of deceased persons has been moved to a bounty other than 
 the one in which the deceased lived, the same may be ad- 
 ministered upon in the county to which it has been moved, 
 in the same manner, and under the same restrictions as is 
 now allowed by law for adnjinistering upon property in 
 the county in which the deceased lived at the time of his 
 death. 
 
 Sec. II. All laws and parts of laws militating against 
 this Act, be and the same are hereby repealed. 
 
 Assented to Mardi 19, 1SG4. 
 
(No. 9.) 
 
 An Act, to amend, an Act entitled an Act to further provide 
 for tlia supprcmon of unlawful, distillation of grain and other 
 commodities in this S[ut$0issentcd to December 3J, 1SG3. 
 
 Sectiox I. The General Assembly do enact, That from and 
 after. the passage of this Act, the before recited act be amen- 
 ded as follows : The word -twenty" in the first paragrapli 
 be stricken out, and the word "live" be inserted in lieu 
 thereof, and that after the \"ord "time,' the following words 
 be inserted : "oran}^ other tiiiie to which said cause may be 
 continued upon legal showing, not to exceed twenty days 
 from the daee of issuing the warrant." And in the section 
 second of said Act, that the words "unlawful sales," be 
 stricken Qyt,and the words "sales of spirituous liquors con- 
 trary to any existing law have bt^en," be inserted. 
 
 Skc. II Beit further enacted. That in the fifth section of 
 tlie before recited Act, after the word "freeholders," insert 
 the following words ; "whom such Judge or Justice are^au- 
 thorized to have summoned, and who shall be subject to the 
 same penalties asf are i:ow prescribed for defaulting jurors 
 in case of refusal to attend," 
 
 Sec. III. Be it further- enacted. That the following section 
 be added to the Act of which this is amendatory ; That all 
 cases under this Act shall be Iried at the comity town of 
 the county, or in the district where the defendant resides. 
 
 Sec. IV. Beit farther enacted, Tiiat all conflicting laws 
 be, and the same arVhereby repealed. 
 
 Assented to March 19, lSG-4. 
 
 (Xo. JO.) 
 
 An Act to require the Bailroad Com pan? ex ef this State, as ivcll 
 as the Western and Atlantic Raibttad, to Icrp icoter and lights 
 in tJic cars for jw/Wf// oyy^-, /// their respective trains. 
 
 Section I. T'lc firnrral Assembly of Georgia do enact, That 
 from and after the passnge of this Act, all Railroad Compa- 
 panies in this State, as well as the Westerii and Atlantic 
 Railroad, shall keep in- each passenger car, or in any car in 
 which passengers are transported, an adequate supply of 
 good, pure drinking water, at all hours during the day and 
 night, and lights during the night, for the use of the passen- 
 gers ; and upon the failure thereof, shall be liable to pay a 
 fine of five hundred dolhirs for each and every offence. 
 
 Sec. II. Be it firthrr enacted. That -any Conductor or 
 agent of said Roads being requested by any passenger to 
 furnish a sufflcient supply of water to the passengers in each 
 car in the day or night, and light at night, and shall pass 
 
10 
 
 auy depot or s<"ation without so doing, shall be liable to a 
 fine of one hundred dolhirs, and to be indicted before the 
 Grand Jury in any county through which said Railroad runs, 
 of wiiicli they are agents or Conductors. 
 
 'Sec. III. It shall be the duty^of all Judges of the Su- 
 perior Courts of this State, . to give this' Act specially in 
 charge to the Grand Juries in their respective Courts. 
 
 Sec. IV. All conflicting laws are. hereby repealed. 
 
 Assented to March 21, 1864. 
 
 (No. 11.) 
 
 -4??. Act for the rdiff of Ilahcrshain aranty and all otlicr covntics 
 in this State aHle destitute, and for other yurposcs. 
 
 Section I. The General Assemhhjofthc Stoic of Georgia do 
 €7inct, That the Quartermaster General of this State is here- 
 by authorized and required to purchase and ship to such 
 point on the Railroad as the Justices of the Inferior Court 
 of Habersham county may designate, such amount of corn 
 as the Governor in his discretion may order, not to exceed 
 ten thousand bushels ; such corn to be delivered to the or- 
 der of the Justices aforesai^, upon the payment of the cost 
 of said corn and the freight-thereon ; provided, the person 
 or persons applying for stwd corn shall file his- or lier affi- 
 davit that said corn is for the use of the citizens of said 
 county and not for the purpose of speculation or distilla- 
 tion. 
 
 Src. II. And be it further enacted, That the benefits and 
 privileges of this Act shall . be extended to any county in 
 this State alike destitute with the said county of Habersham. 
 Sec. III. Be it further en cictad, That it shall not be the 
 duty of said Quartermaster General to make any purchase 
 ■ under this Act, until the Justices of the Inferior Court of 
 the- several counties claiming the benefits of this Act, shall 
 have certified under oath to his Excellency the Governor, 
 the amount of corn in'their judgment absolutely necessary' 
 for the«people of their respective counties, and tlie Govern- 
 or shall have informed said Quartermaster General what 
 amount, in his judgment, ought to be furnished to each coun- 
 ty making such application; and then it shall be his duty at 
 once to purchase and ship as much of said corn as can be 
 procured. 
 
 Sec. IV. Atid he it farther enacted, Tiiat it shall be the 
 duty of his Excellency the Governor, to draw his warrant 
 on the Treasury for the amount of money necessary to pay 
 for the purchase and transportation of said corn, to be paid 
 out of any money in the Treasury not otherwise appropri- 
 ated. 
 
11 
 
 Sec. V. And be it fur/her enacted, That the money receiv- 
 ed from the several counties for said corn, shall be paid into 
 the Treasury by said Quartermaster General. 
 
 Assented to March 21, 1S64. 
 
 ' (No. 12.) 
 
 An Act to (Luthonze Adminhtrafors, Executors and Guardians 
 to invest in, Confederate States four i^er cent bonds. 
 
 Sec. I. Be it enacted, S{c., That from and after the pas- 
 sage of this Act, it shall be lawful for Administrators, Ex- 
 ecutors, Guardians and Trustees, to invest what money they 
 may have on hand in Confederate Treasury notes, prior to 
 the first of April next, in bonds of the Confederate States 
 bearing four per cent per annum interest. 
 
 Sec. II. Be it further enacted, That all laws and parts of 
 laws militating against the same be, and the same are here- 
 by repealed. 
 
 Wliili' I 'i" not approve of tlic ])olicy of investing the estates of oiplians and per- 
 sons rcpn'sontc'd liy Tni.stces, in tlx; iiicsent depreciated currency, I assent to this 
 Act to avoid injustice to Trustees aiul otiiertiilueiary !i;;ents who li%ve, in good faith, 
 received C'onlederate notes before tlie passage of the late act of CongresH. 
 
 JOSEPH E. BROWN, Governor. 
 
 March 21, 1S64. 
 
 ' (i\0. 13.) 
 
 An Act extending tM time for cotmtij ofjiccrs fling their bonds 
 and taking out Commissions. 
 
 Sectiok I. The General Assembly of the Slate of 'Georgia 
 do enact, That the Sheritls, Clerks of the Superior and In- 
 ferior Cou4ts, Ordinaries, Tax Collectors, Coroners, and 
 county Surveyors of this State, be, and they are hereby al- 
 lowed until the first day of June in eaqh year, and Tax 
 Receivers until the first day of April next, to take up 
 their Commissions from the Inferior Courts and to perfect 
 their bonds, and that the provisions of this Act shall be ap- 
 plicable to said officers who were elected in January last. 
 
 Sec. II- Be itjurther enacted. That all laws conflicting 
 with this Act are hereby repealed. 
 
 Assented to March 21, 1SG4. 
 
 (No. 14.) 
 
 An Act to exempt from taxation, cotton and^ other jnvpcrty 
 owned by our Confederate States Government, in this Statc;and 
 for other jiurposes. 
 
 Section I. The General Assembly of Georgia do .enact. 
 That from and after the passage of this Act, in ad- 
 
dition to lands, mines and minerals of our. Confederate 
 States Government now exempt from taxation, all cotton 
 or otlier property lield and owned in this State, by the Con- 
 federate States Government, be, and the same is hereby 
 exempt from taxation. 
 
 Sec. II. B'J ilfurihcr cnac/cdy ThaU^here any cotton be- 
 longing to the Confederate States uovernment has been 
 returned for taxation during this year, and the taxes been 
 paid to any Tax Collector, said officer is hereby authorized 
 to release said property from taxation, and to refund the 
 money collected on the same for tax. 
 
 Assented to March 21, 1S6-1. 
 
 (No. 15.) 
 
 A Act to encourage the organization qf a Navy. 
 
 Whereas, It is recognized by the law of nations to be a 
 right of beligerents in time of war, as far as may be in their 
 power, to destroy the enemy's commerce, in order to weak- 
 en the foundation of his Naval power, and lo use all means 
 of capturing or of driving from the Sea, tbe fleets of the 
 enemy, both merchantile and warlike, for the purpose of 
 crippling him, land bringing him to "terms and producing 
 peace; and whereas, the Confederate Cougress, relying 
 upon these impartial principles of international law, and 
 actuated by the laudable desire of encouraging the people 
 to enter upon this mostefi'ectual field for injuring our ene- 
 my and constraining him to honorable terms of pacifica- 
 tion, heretofore to-wit: on the ISth day of April, 1S63, 
 passed an act to establitdi a volunteer Navy. Now, there- 
 fore, for the purpose of promoting the laudable })olicy of 
 the Confederate Government in this particular, and to give 
 such lurther encouragement as may be in our power to the 
 organization of a Navy. 
 
 Section I. The Grn<rol Assemhlij of Georgia do enact, 
 That private corporations having for their object to operate 
 under the Act of the Confederate Congress aforesaid, may 
 be formed by any number of the citizens of this State, by 
 cotnplying with the following provisions, to-wit: A decla- 
 ration of the Jipplicants specifying the objects of their asso- 
 ciations, and the business they propose to carry on, togeth- 
 er with their Corporate name, and the time, not exceeding 
 thirty years, they desire to be incorporated, signed by 
 the Stockhold rs and accompanied by the oath of the 
 President, taken before some person authorized to adminis- 
 ter oaths, of the amount of capital in mone}'' or property at 
 its sworn valuation, actually paid in and employed, or to be 
 
13 
 
 employed by such corporation, shall be filei] hi the office 
 of the Governor of Georiria — whoreupon His Excellency the 
 Governor^ upon being satisfied of the good fi.ith of the 
 parties concerned, shall cause record there(?ifto be made 
 and issue to the'Company a certificate of incorporation. 
 
 Sec. II.. Be it further enacted by the outhoritij aforesaid 
 That it shall be a violation of the charter of an\'^ compa- 
 uy thus organized, to enage in what is commonly culled 
 running the Elockake, for the purpose of brino-in"- in car- 
 goes of goods whether assorted or not on private account* 
 ■ but it shall be lawful fur them to bring into any of the 
 ports of the Confeder, te States, any goods, wares and 
 merchandise allowed by the laws of the Confederacy, under 
 written permit, or by written request, or contract of His 
 Excellency the Governor of Georgia-. \ 
 
 Sec' III. Be it further enacted by the iiit'Jioritii aforesaid 
 That for each and every violation of the foregoinn- section' 
 any company so violating, shall be subject not only to a 
 forfeiture of their charter, but also to a forfeiture of all 
 property they may have in Georgia, to be adjudged and re- 
 covered upon information (lied by the Solicitor General to 
 the Superior Court of any cbuuty in which they may have 
 property; and for the purpo^^e of detaining the property un- 
 til adjudication is Iiad, the Judge of the Superior- Court 
 upon affidavit of tlio Solicitor General, shall have power' 
 either at Chambers or in o[)en Court, to ordt^r the same at- 
 tached and held in custody by the Sheriil", to answer the 
 judgen'ient of the Court. 
 
 Sec. IV. Be U further enacted by the authority aforesaid 
 That the capital stock of any company which may hereaf- 
 ter organize under the provisions of this Act, may be in- 
 creased to any desirable amount, by filing a statement of 
 such proposed increased stock, in substantial accordance 
 vv'ith the first section of this Act. 
 
 Sec. V. All confiicting laws are hereby repealed. 
 
 Assented to March 21, 1S64. 
 
 [The following Act which was passed at the regular ses- 
 sion in November and December last, was by mistake, left 
 out of my Tamphlet of the laws and resolutions of that 
 session ; and is, therefore, published in this — Pubushek.J 
 
 (No. IG.) 
 
 An Act to punish any person who may hereafter conceal, or as- 
 sist anydesefier in resisting a legal arrest in this State. 
 
 Section I. The General Assembly of the State of Georgia 
 </o cwaci, That any person who Bhall hereafter conceaf a 
 
14 
 
 deserter from the army or navy of the Confederate States, 
 or from the militia or State forces af this State while in ac- 
 tual service, knowing him to be a deserter, shall be guilty 
 of a misdemeanor; and on conviction thereof, shall be 
 punished by fine or imprisonment in the common jail of the 
 county, or both in the discretion of the Court; the fine not 
 to exceed five hunnred dollars, nor thg imprisonment not 
 to exct}ed six months. 
 
 Sec. Be itfurihcr enacted, That any person who shall as- 
 sist any deserter in this State in resisting a legal arrest, know- 
 ing him to be a deserter from the army or navy of the Con- 
 federate States, or from the Militia or State forces of this 
 State, shall be guilty of a misdemeanor; and on conviction 
 thereof, shall be punished by fine, or imprisonment in the 
 common ^ail of the county, or both in the discretion of the 
 Court ; the fine not to exceed two thousand dollars, nor 
 the imprisonment to exceed six months. 
 
 Sec. Ill Be it further enacted, That the attention of 
 Grand Juries shall be specially called to this Act. 
 
 Sec. IV. Be it farther enacted, That this Act shall im- 
 mediately after its passage, be proclaimed by the Governor, 
 and shall take effect ten days alter such proclamation. 
 
 Assented to December 15, 1863. 
 
RESOLUTIONS. 
 
 (No. 17.) 
 
 A Resolution in relation to the recent Military Act of Coiigrcss. 
 
 The General Assembhj do resolve^ That this General Assem- 
 bly, declining to express any opinion as to the wisdom of 
 the act passed by Congress enrolling such persons as had 
 been enrolled under the State Igivv, recommend that his Ex- 
 cellency-interpose no obstacle to its enforcement ; and tho 
 Governor is requested to open a correspondence with the 
 Secretary of AVar, and request him to exonerate from the 
 penalties of said act, such persons between tlie ages of sev- 
 enteen and eighteen, and forty-five and fifty, who did not 
 volunteer or enroll withirr the time specified, supposing 
 their enrollment under the State law to be leoral. 
 
 o 
 Having given my views upon this question in my messages to the General As- 
 «euibly, 1111(1 submitted it to tlieir decision, I yield to tlieir recommendation, this 'i.'(l 
 Harcb. 1.%1. 
 
 JOSEPH E. BKOWX, Governor. 
 
 (No. 18.) 
 liesolutions on the Sus2)ensio7i of thg Habeas Corpus. 
 
 The General AMcmhhj of the State of Georgia, do resolve, 
 1st, That, undei- the Constitution.of the Confederate States, 
 there is no power to suspend the privilege of the writ of 
 habeas corpus, but in a manner, and to an extent, regulated 
 and limited by the express, emphatic and unqualified con- 
 stitutional prohibitions, that "No person shall be deprived 
 of life, liberty, or property, without due process of law," 
 and that "the right of the people to be secure in their per- 
 sons, houses, papers and efiects, against unreasonable search- 
 es and seiztires, shall not be violated, and no warrants shall 
 issue but upon probable cause, supported by oath or affir- 
 mation, and particularly describing the places to be search- 
 ed and the persons or things to be seized." And this con- 
 clusion results from the two following reasons : First, be- 
 cause the power to suspend the writ is derived, not from 
 express delegation, but only from Implication, which must 
 
]6 
 
 always yield to express, conflicting and restricting words. 
 ' Second, because this power, being found no where in the 
 Constitution but in words which are copied from the orig- 
 inal Constitution of the United States, as adopted in 17S7, 
 must yield in all points of conflict to the subsequent amend- 
 ments of 17 89, which are also copied into our present Con- 
 stitution, and which contain the prohi].)itions above quoted, 
 and were adopted with the declared purpose of adding fur- 
 ther declaratory and restrictive clauses. 
 
 2nd. That "due process of law'' for seizing the persons 
 of the people, as defined by the Constitution itself, is a 
 warrant issued upon probable cause, supported by oath or 
 affirmation, and particularly describing the persons to be 
 seized, and the issuing of such warrants being the exertion 
 of a Judicial power, is, if done by any branch of the gov-' 
 erumeut except the Judiciary, a plain violation of that pro- 
 vision of the Constitution which vests' the Judicial power 
 in the Courts alorie ; and tluyefore all seizuresof the per- 
 sons of the people, by any olricer of the Confederate Gov- 
 ernment, without 'warrant, and all warrants for that pur- 
 pose from any but a Judicial source, are, in the judgment 
 of this General Assembly, unreasonable and unconstitu- 
 tional. 
 
 :Jrd. That the recent act of C6ngre.^s to suspend the priv- 
 ilege of the writ of habeas corpus in cases of arrests ordered 
 b}i the President, Secretary of War, or General officer com- 
 nianding the Trans-Mississippi Military Department, is an 
 attempt to sustain the military authority in the exercise of 
 the constitutional, Judicial function of issuing warrants, 
 and to give validity to unconstitutional seizures of the per- 
 sons of tlie people ; and as the said act, by its express terms, 
 confines its u'peration to the' upholding of this class of un- 
 constitutional seizures, the whole suspension attempted to 
 be authorized by it, f^nd the whole act itself, in the judg- 
 ment of this General Assembly, are unconstitutional. 
 
 4th. That, in the judgnu'-nt of this Cfeneral Assembly, 
 the said act is a dangerous assault upon the constitutional 
 power of the Courts, and upon the liberty of the people, 
 and beyond the power of any possible necessity to justify 
 it ; and while our Senators and Representatives in Congress 
 are earnestly urged to take the first possible opportunity to 
 liave it repealed, we refer the question of its validity to the 
 Courts, with the hope, that the people and the military au- 
 thorities will abide by tbe decision. ^ 
 
 /jth. That, as constitutional liberty is the sole object 
 •(vhich our people and our noble army havcj in dur present 
 terrible struggle vi-ith the Government of Mr. Lincoln, so 
 also is a faithiul adherence to it on the part of our own 
 Government, through good fortune in arms, and through 
 bad, one of the greatest elements of our strength and final 
 
17 
 
 success ; because the constant contrast of constitutional 
 Government on our part, with the usurpations and tyran- 
 nies, which characterize the Government of our enemy, un- 
 der the ever^ recurring and ever false plea of the necessi- 
 ties of war, will have the double eflect of animating our 
 people with an unconquerable zeal, and of inspiring the 
 people of the North more and more, with a desire and de- 
 termination , to put an end to a contest which is waged by 
 their Government openly against our liberty and as truly, 
 but more covertly, against their own. 
 
 Approved March 19th, 1SG4. 
 
 (in) 
 
 ResoliitioJts dtclarlri^ the ground on which the. Conftderatt 
 States stand in fh'/s War, and the terms on which peace 
 ■ ought to he qlfcred to the enemy. 
 
 The General Assemhhj of the Stale of Georgia do resolve y 
 1st, That to secure the rights of life, liberty, and the pur- 
 suit of happiness, "Governments were instituted among 
 men, deriving their just powers from the consent of the 
 governed; that whenever any form of government becomes 
 destructive of these ends, it is the right of the i)coj)le to 
 alter or to abolish it, and to institute a new government, lay- 
 ing its foundations on 'such principles, and organizing its 
 powers in such form aa shall seem to them most likely to 
 eftect their safety'and happiness." 
 
 2nd. That the best possible commentary upon this grand 
 text of our fathers of 177G, is their accompanying action, 
 which it was put forth to justify; and that action was the 
 immortal declaration that the former political connection 
 between the Colonies and the State of Great Britain, was 
 dissolved and the thirteen Colonies were, and of right, 
 ought to be, not one indepeiKJent State, but thirteen inde- 
 pendent States, each of them being such a "people" as had 
 the right, whenever they chose to exercise it, to separate 
 themselves from a political association and government of 
 their former choice, and institute a new government to suit 
 themselves. 
 
 3rd. That if Rhode Island, with her meagre elements of 
 nationality; was such a "people" in 1776, when her sepa- 
 ration from the government and people of Great Britain 
 took, place, much more was Georgia and each of the other 
 seceding States, with their large territories, populations 
 and resources, such a "people," and entitled to exercise the 
 same right in 1S61, when they decreed their separation 
 from the Government and people of the United States; and 
 if the separation was rightful in the first case, it was more 
 
1^ 
 
 clearly so in the last, the right depending, as it does in the 
 case of every "people" for whom it is claimed, si/uply up- 
 on their fitness and their will to constitute an independent 
 State. 
 
 4th. That this right was perfect in each olthe States to 
 be exercised by her at her own pleasure, without challenge 
 or resistance from any other puwer whatsoever; and while 
 these Southern States had long had reason enough to jus- 
 tify its assertion against some of their faithless associates, 
 yet, remembering the dictate of "prudence" that "govern- 
 ments long established should not be changed for light and 
 transient causes," they forbore a resort to its exercise, un- 
 til numbers of the Northern States, State after State, 
 through a series of years, and by studied legislation, had ar- 
 rayed themselves in open hostility againiitan acknowledged 
 provision of the Constitution, and liad at last succeeded in 
 the election of a President who was the avowed Exponent 
 and executioner of their faithless designs against the Con- 
 stitutional rights of their Southern sisters — rights which had 
 been often adjudicated by the Courts, and which, were nev- 
 er denied by the abolitionists^ themselves, but upon the 
 ground that the Constitution itself was void whenever it 
 came in conflict with a "higher law" which they could not 
 find among the laws of God, and which 'depended, for its 
 exposition, solely upon the elastic consciences of rancorous 
 partisans. The Constitution thus broken, and deliberately 
 and persistently repudiated by se^"i'ral of the. States who 
 were parties to it, ceased, according to universal law, to be 
 bindin"- on any of the rest, and those States who had been 
 wronged by the breach, were justified in using their rights 
 to provide "new guards for their future security." 
 
 5th. Tiiat the. reasons which justihed tlie separation 
 when it took place, have been vindicated and enhanced in 
 force by the subsequent course of the Government of Mr. 
 Lincoln — by his contemptuous rejection of the Confeder- 
 ate Commissioners who were sent to Washington before 
 the war, to settle all matters of dillerence without a i-esOrt 
 to arms, thus evin'cing his determination to have war >by 
 his armed occupation of the territory of the Confederate 
 States, and especially by his treaclierous attempt to rein- 
 force his garrisons in their midst, after they had, in pursu- 
 ance of their right, witlidiaAvn their people and territory 
 from the jurisdiction of his government, thus rendering war 
 a necessity, and actually inaugurating the present lamenta- 
 ble war: by his official denunciation of the Confederate 
 States, as "rebel" and "disloyal" States, for their rightful 
 withdrawal from their faithless associate States, whilst no 
 word of censure has ever fallen from him against those faith- 
 less States wjio were truly "disloyal" to the Union and the 
 Constitution which was the only cement of the Union, and 
 
19 
 
 who were the true authors of all the wrong and all the 
 mischief of the separation, thus insulting the innocent by 
 charging upon them the crimes of his own guilty allies: And 
 finally, by his monstrous usurpations of power and undis- 
 guisad repudiation of the Co:jstitution, and his mocking 
 scheme of securing a Reijuh/iani form of gov^ernment to sov- 
 ereign States by putting« nine-tenths of the people under 
 the dominion of oue-tentii, who may be abject enough to 
 swear allegiance to his usurpation, thus betraying his de- 
 sign to subvert true constitutional republicanism in the 
 North as well as the South. 
 
 6th. That while we regard the jiresent war between 
 these Confederate States and the United States as a huge 
 crime, whose beginning and continuance are justly charge- 
 able to the i^overnment of our enemy, yet w^e do not hesi- 
 tate to aflirm tliat, if our own governmeut, and the people 
 of botli. governments!, would avoid all participation in the 
 guilt of its contmuance, it becomes all of them, on all pro- 
 per 'occasions, and in all proper ways — the people acting* 
 through their State organizations and popular assemblies, 
 and our government through its appropriate departments — 
 to use their earnest eilufts to put an end to this unnatural, 
 undn-istian an<i savuge work of carnage and liavoc. And 
 to this end, wc earr.estly recommend that our government, 
 immediately after signal successes of our arms, and on other 
 occasions, when none can impute its action to alarm, instead 
 of a sincere desire f<>r peace, shall make to the government 
 of our enemy, an official oiler of peace, on the basis of the 
 ' great principle declared by our common fathers in 1776, 
 accompanied by the distinct expression of a willingness, on 
 our part, to follow that principle to its true logical conse- 
 quences, by agreeing that any border State, whosa prefer- 
 ence for our association may be doubted, (doubts having 
 been expressed as to the wishes of the border States) shall 
 settle the question for herself, by a Convention, to be elec- 
 ted for that purpose, after the withdrawal of all military 
 forces, of both sides, from her limits. 
 
 7tli. That we believe this course, on the part of our 
 government, would constantly weaken, and sooner or later, 
 break down the war power of our enemy, by showing to 
 his people the justice of our cause, our willingness to make 
 peace on the principles of .1776, and the shoirlders on which 
 rests the responsibility for the continuance of the unnatu- 
 ral strife ; that it would be hailed by our people and citizen 
 soldiery, who are bearing the brunt of the Avar, as an assu- 
 rance that peace will not be unnecessarily delayed, nor 
 their sufl'erings unnecessarily prolonged ; and that it would 
 be regretted by nobody on either side, except men whose 
 importance, or whose gains, would be diminished by peace, 
 and men whose ambitious designs would need cover under 
 the ever-recurring plea of the necessities of war. 
 
20 
 
 Sth. That while the foregoing is an expression of the 
 sentiments of this General Assembly, respecting the man- 
 ner in which peace should be sought, we renew our pledg- 
 es of the resources and power of this State, to the prosecu- 
 tion of the war, defensive on our part, until peace is obtain- 
 ed upon just and honorable terms, and until the indepen- 
 dence and nationality of the Confederate States is establish- 
 ed upon a permanent and enduring basis. 
 
 Approved March 19, 1804. 
 
 (No. 20.) 
 
 A Resolution app-oving (lie action of the Governor in inirchaiing 
 wagons and teams for the transportation of corn from the Rail 
 Road to indigent soldieis\families. 
 
 Resolved hy the Senate and liovsc of Represe7itatives in Gen- 
 eral AssemhUjmct, That the action of the Governor in the 
 purchase of wagons and teams for the transportation of 
 corn from the Kail Road to indigent families of soldiers, 
 was judicious and prudent, and the purchage and payment 
 for the same as communicated to us, meet the approval of 
 this General Assembly. 
 
 Assented to March IS, 18G4. , * , 
 
 (No. 21.) 
 
 Whereas, Parties arrested in the State, under the dif- 
 ferent acts forth,e suppression ofunlawfuld distillation, are 
 frequently discharged, and the objects of the law defeated 
 for the want of counsel to prosecute the same on the part 
 of the State, and the fees prescribed by law in such cases 
 being inadequate to secure the services of competent coun- 
 sel. Therefore, 
 
 \st. The General Asscmhhj of Georgra do Resolve, That in 
 all cases where the parlies are arrest-cd under any of the laws 
 for the suppression of unlawful distillation, m which sum- 
 mary process is provided for the suppression of the same, 
 that the Governor be authorized to employ counsel to rep- 
 resent the interest of the State, and to pay them such fees 
 for their services as in his judgement shall be reasonable 
 and just. 
 
 Assented to March 19, 1S64. 
 
 (No. 22.) 
 
 A Resolution in reference to the distrilviicn of' tlie r (lief fund for 
 soldiers families. 
 
 Resolved, That whenever the Governor is informed that 
 the Justices of the Inferior Court of any county in this 
 State, shall fail or refuse to do their duty towards the citi- 
 
i 
 
 21 
 
 zens of the county with reference to the proper distribu- 
 tion of the relief fund for soldiers families, that he be au- 
 thorized to appoint an agent to take charge of the fund for 
 said county, and disburse the same; Provided the person so 
 appointed shall not be liable to military duty under the 
 act of the Congress of the Confederate States, and provided 
 also, that the Governor shall require such agent to enter 
 into bond with security in such amount as he may judge 
 proper for the faithful discharge of his trust. 
 
 Assented to March IS, 1SG4, 
 
 (No. 23.) 
 
 Beaoliitions in reftrmct to the re-enb'stmcvf of all the Geors;m 
 Regiments. 
 
 The General Aesembly of Georgia do resolve, That the re- 
 enlistment of all of our Geoi-^ia regiments has inspired 
 within the bosom of every true Georgian, sentiments of 
 the Jaighest esteem and gratitude for the heroic endurance, 
 fortitude and chivalry, displayed by them in this additional 
 instance of self-sacrilice. 
 
 Resolved, 2)id, That we pledge 'ourselves to make all 
 needful appropriations for the support and benefit of the 
 destitute and suffering families of these gallant troops, so 
 long as the exigencies of the countiy may require their 
 services in the field of battle. 
 
 Assented to March 19, 1SG4. 
 
 (No. -U.) 
 
 Resolutions prescribing the form of the issue of State Trcatunj 
 Notes under the Act of the 12th December, 1863. 
 
 Whereas, under an Act of tlie General Assembly assen- 
 ted -to December 12th, 1S(>3, "to provide for raising reve- 
 nue for the })olitical year 1SG4, and for other purposes, His 
 Excellency the Governor is authorized to raise the monev 
 necessary to meet the appropriations for ISGi, till the taxes 
 can be collected, by negotiating a temporay loan for the 
 amount, needed to be paid at rhe end of the year in curren- 
 cy, or if he cannot negotiate such loan, he may have issued 
 Treasury notes of this State, payable in Confederate States 
 Treasury notes at the end pf the year, and the Confederate 
 notes when collected for taxes, shall be deposited in the 
 Treasury, and there remain to leileem said State notes so is- 
 sued ; and whereas, the late action of the Confederate States 
 Congress has rendered the present issue of Confederate 
 Treasury notes unsuitable as a currency, after the first of 
 
22 
 
 April next, and it is inexpedient to borrow pr use the same, 
 and it now becomes necessary for the Governor to issue as* 
 early as possible, Treasury notes of the State of Georgia, 
 to meet appropriations of the State, and especially to pay 
 to the indigent soldiers' faniiles the iirst quarters' pay for 
 their support, in accordance with the apportionment whicii 
 has just been made ; that these Treasury notes may be is- 
 sued in accordance with the above recited Act, and that the 
 terms of the same may be fully understood on the face of 
 each note; be it therefore, 
 
 JZceolvcd by (he Senate and House, uf luqirc^cnlaltccn of the 
 State of Georgui,, That the style and form of said Treasury 
 notes thus authorized to be issued, shall be as follows : 
 
 " The State of Georgia will pay the bearer dollars 
 
 at her Treasury on the 25th of December next, in Confed- 
 erate Treasury notes issued after the tirst of April 1SG4, if ,. 
 presented within three months after maturity, otherwise/ 
 not redeemable except in payment of public dues." 
 
 2d. And be it further resolved, That when the taxes ^^ for 
 1864 shall have been paid into the State Treasury, His' Ex- 
 cellency the Governor be authorized, if he thinks proper, 
 to deposit Confederate Treasury notes of the new., issue in 
 any one of the lianks of%Uigusta, Savannah,. Macon, Co- 
 lumbus and Atlanta, to rGde'eiri said States Tjceasury notes 
 so issued. 
 
 Appro v^ed March 17, lS(Jl. 
 
 (No. 2o.) 
 Resoliulons III reference to certain Battle Flags. 
 
 Whereas, Brigadier General Goode Bryan has transmit- 
 ted to the State of Georgia, the battle flags of the tenth and 
 fiftieth Georgia regiments attached to Bryan's Brigade, 
 accompanied by statements of the various engagements in 
 which these regiments have been engaged : 
 
 ' Therefore be it resolved, That the State of Georgia accepts 
 with pride these evidences of the; valor of her sons, awd 
 that the Adjutant General be instructed to arrange them 
 in the same manner as directed by the resolutions of the 
 last session of the Legislature in reference to similar flags. 
 
 Resolved further, That the Adjutant General be further 
 directed to have attached the statements of the various en- 
 gagements mentioned in the accompanying papers, to the 
 flags of the regiments to which they respectively belong. 
 
 Approved to 18 March, 1804. 
 
 (No. 20.) 
 A Rosolutlon exiircsslve of the confidence of this General Assent - 
 hly in the integrity and iialriotism of President Davis. 
 Resolved^ That notwithstanding the difFercace of opinion 
 
23» 
 
 enlertiiiued by members of this Legislature in reference to 
 the wisdom and constitutionality of the recent Act of Con- 
 gress suspending the privilege of the writ of Habeas Corjnis, 
 the General Assembly of Georgia hereby express our undi- 
 minished confidence in the integrity and patriotism of Jef- 
 ferson Davis, Chiet Magistrate of the Confederate States. 
 Assented to 19 Morch, 18(34. 
 
 [The following resolution was passed at the regular ses- 
 sion held in November and December last, and was, by 
 mistake, omitted in my Pamphlet laws of that session — 
 hence I publish it in this — iPcblisher.] 
 
 (Xo.27.) 
 
 Rimlvcd btj the Gincral Assaubhj oj ihc State of Ge0rgia, 
 In response to the law of the Confederate Congress, invit- 
 ing the several States to specify- what State officers shall 
 be exempt from conscription ; That all civil and military 
 officers ot this State, shall be so exempt. 
 
 Approved December 14, 1S63. 
 
 APPEJ^DIX: 
 
 The following is a copy of the act of Congress, under 
 which persons in the military service of the Confederacv, 
 who have been elected or appointed to ceiiain civil offices 
 in this State, may abtain a discharge from the army, viz : 
 
 " The Congress of the Confederate States- of America do enact, 
 That any officer, non-commissioned otlicer or private, now 
 in the military service of the Confederate States, who has 
 been elected or appointed since entering said service, or 
 who may hereafter be elected or appointed, a Senator or 
 Represent a tivei II Congress, oi in any State Legislatnre, a Jiido-c 
 of the Circuit, District or Siqunur Covits of law or equity in 
 any State of the Confederacy, District Attorney, Clerk of any 
 court of Record, Sheriff, Ordinary , Judge of any Court of Pro- 
 hate, Collector of State taxes not to exceed one for each coun- 
 ty, Parish Recorder, upon fuinishing the Secretary of War 
 with evidence olsuch election or appointment, if an officer, 
 his resignation shall be promptly accepted, and if a non- 
 commissioTied officer or private, he shall be honorably dis- 
 charged by the Secretary of war. Approved April 2d, 
 1863." 
 
 Under the above act, the following named officers, when 
 elected or oppointed, as contemplated in the act, in Geor- 
 gia, may claim a discharge from the military service of the 
 Confederacy, to-wit : ' 
 
 Ist. Members of Consrress. 
 
2d. Members of the Legislature. 
 
 od. Judge of the Superior Courts. 
 
 ith. Attorney General, or •Solicitor General. 
 
 otli. Clerk of the Supreme (Jourt. 
 
 6tlj. " " " Superior Courts. 
 
 7th. " " '^ Interior Court, 
 
 8th. " " Any ('\fv Cnwrt, {l/'<i court of /econl.) 
 
 9th. Sherijr. 
 
 10th. Ordinary, and 
 
 11th. Tax Collector. 
 
 The Secretary of War has refused, on an application for- 
 mally made, to discharge a Jlereher of Tax Returns ; and, 
 from the same reasoning, it is not probable that he will 
 discharge a person who is in the service on being elected 
 or appointed Countij Surveyor, Coroner, CouiUij Treasurer, 
 Justice oj the Ivferhr Court, Justice of ^A* Peace, ConstaUt, 
 Deputy Clerk Superior or Jvferlor Court, Deputy Clerk ti' 
 Court of Ordinary, or Deputy Sheriff. The Secretary n- 
 fused to discharge Receivers of Tax Returns, on the grountl 
 that no such ofticer was named in said act, nor embraced 
 in its spirit or meaning. Hence, it will be useless t(y ob- 
 taia certifkuites of election to the latter named otlice^with 
 a view to forwarding them to the War Depiirtmen| to ob- 
 tain a discharge. CoAki'iLER. 
 
 ■.IJ...mitillg!g!— ■■S.JlLL-l. i . i L'L! :, "If.,. , . I , , , . jagy^ifff-BBBsaw 
 
 Act No. J. Bonds of Tax Colledtoii .lud IJ^ 
 " '.l. Late Jlilitta law am«^ndt*d, 
 
 " ■< KvidpDce, 
 
 " ."i. Impressincut ol R. K. Chi.-, 
 
 " I). Es(.uiptipii8 from niHitaiy senice in militia, 
 
 7. Reports of Siprerae Couit, 
 "' 8. Adaiinistrators, \:,c, 
 
 " 9. Siipprespion of unlawful distillation/ 
 
 " 10. Water and Un;bts in K. I{. Cars, 
 
 '' 11. Com to be supplied to certoSn cUBlies, 
 
 " I "J. Trust funds may b« iijV^s'ed in Coufederate bonda, 
 
 " r<. Tiiii« of qualification of comity officer'^, 
 
 " II. Cotton of Confederate Ooi'pnunent exempt from taxation, 
 
 " 1-3. Organization of a Xayy, 
 
 " 36. ReHislancc to the arrest of dcRcrlerfi, 
 
 Kei4oljtion Ko. 17. In relation to lato military act of CongrCB.', 
 " .No. 18. Suspension of writ of Iliincns CorpuH, 
 " No. 19. The war and howpeajse jlionjd he .sonijht, 
 
 " ^'o. UO. Purcliase of wapons ^nd teams to transport corn to ooidiero 
 
 families, ap[irov(.d, 
 " No. -1. Counsel in pro8ecution»for uiilawf\ddi»tillatioij, to be employed 
 
 and paid, 
 No. --. As4o disburwortinit of relief fund for indigent goldierK' familiai, 
 No. 5?3. Ke-enliii!tmentofGeorgiifc8oldier8, 
 No. 3-1. Form of Statu T:ea.>uryn6te« to be issued, 
 No. 25. Battle Flags, 
 " No. 26. Confidence in Prii-sidentDavis, 
 
 No. '-J7. U'hat Officeriiot'. he iSiate exempt from couseription. 
 A.PPKNDIX.— Diach.irc.iH from mr ,;. o. 
 
HoUinger Corp. 
 pH8.5